ORGANICA GARDENS:
Mr. Frank, a representative from Organica Gardens, was present at the Town Board meeting. The Supervisors and attorney engaged in a conversation regarding the Right To Farm Act. Attorney Lemmons explained to the Board that the Right To Farm Act cannot be used to grow anything one wishes. There is a specific statute and set of rules that govern how marijuana can be grown, where and under what conditions. The set of rules are outside of the Right To Farm Act.
Mr. Frank stated that their position is that a moratorium can not be placed on a compliant agricultural business which does not require a permit. He stated that they would be "processing and packaging". Chair Miller reminded Mr. Frank that the State's application states that applicants WILL BE manufacturing and processing.
Supervisor Behrendt reminded the Board and Mr. Frank that our ordinance states the Town Board may require any farming operation to seek a conditional use permit to expand or intensify
said operation. Supervisor Behrendt suggested that if a moratorium is not established at this meeting and the State awards Mr. Frank the ability to engage in a marijuana operation, the Town Board should require a conditional use permit for Mr. Frank's operation. It was not agreed that a moratorium would be adopted as previously discussed with the Township attorney.
Chair Miller made a motion to inform Organica Gardens that if they are selected by the State as one of two permitted applicants, the Town Board will require a conditional use permit for the manufacturing and processing of marijuana. Supervisors Miller, Budenski and Behrendt voted yes; Supervisors Ceminsky and Madden voted no. (Why would Supervisors Ceminsky and Madden not want conditions placed on a marijuana manufacturing and processing plant in Eureka when the ordinance allows the Township to do so? Some consideration should be given to citizens with neighboring properties, in my opinion.)
Mr. Frank stated that, if they are selected by the State to engage in the" growing
and processing of marijuana," (note: the application stated manufacturing and processing. I question why Mr. Frank is not acknowledging this.) his partners from Rhode Island will be on site for 2 1/2 years.
*******************
VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION: Once again the Town Board engaged in a discussion regarding the possibility of the Township taking the permitting process for the VRWJPO ordinance. Chair Miller stated that there have been several dilemmas in the last three or four months where the Town Board could have handled them more speedily in house. Supervisor Budenski asked if Eureka has the staff to do so? Chair Miller stated the Township would have to get the staff; possibly TKDA or" do something." There was a discussion regarding approval problems by the VRWJPO of applications in the recent past. Mr. Miller stated the citizens were not aware of the process and the County screwed up. [sic] Supervisor Miller later stated his statement might have been skewed.
Supervisor Behrendt stated the application process will be the same. Someone will come in for a building permit and there is something in the process that will indicate the permit will need a review. If the Township administers the permitting process, errors can still be made.
Supervisor Madden stated that he had obtained signatures from citizens living on the Vermillion River starting with Dodd and going East. He commented that the petition stated the citizens wanted the Township to take over the administration of the entire Watershed permitting process. Apparently most members of the Board were unaware of the petition and Supervisor Madden stated he gave it to Planning Commissioner Hansen. Supervisor Behrendt questioned Mr. Madden as to its validity and understanding of the content by citizens before signing. (No one on the Board other than Supervisor Madden indicated they were aware of the petition.)
(Where is the petition? Supervisor Madden claims he gave it to Planning Commission Chair Hansen. Why would he submit it to Chair Hansen rather than the Town Board. Supervisor Madden and Chair Hansen are both aware that all information is to be submitted to the Clerk who will then distribute the document to the Supervisors and Planning Commissioners for review and preparation for a meeting. Did the Board members agree on the content of the petition? Did the entire Board authorize Supervisor Madden to engage in obtaining a petition from citizens or is this just Supervisor Madden's "gig." I live on the Vermillion River as well as other neighbors. I, as well as others, were not asked to sign a petition. Was the information biased and participants selective? Why did Chair Hansen not give it to the Board if it was significant and approved? This is absurd! The entire Board makes decisions regarding issues; not just Supervisor Madden.) My opinion.
Supervisor Ceminsky stated that the VRWJPO permitting process is making sure there is not soil runoff in the Vermillion Watershed. The Township would look for soil runoff and state that if the Board is to approve the citizen's plan, they would need to have a silt fence here and here and our inspector goes out and verifies that they are doing their water runoff plan. [sic]
Commissioner Jennings indicated the statement Supervisor Ceminsky made regarding "the permitting process is just about soil runoff" is an over-simplification. There are five different areas that have to do with various levels of filtration; not just sediment. After comments from Commissioner Hansen, Chair Miller stated that they (VRWJPO) cannot all be smarter than us [sic] and the Board should be able to implement the ordinance. Chair Hansen stated that the County "is not handling the permitting on their end and the Township is not handling the permitting process on our end." (If the Township has not been able to handle our permitting process,
what makes Supervisors Ceminsky, Miller and Madden think they can take over the entire process?"
Ceminsky stated that he has spent time with Brian Watson, District manager/ Wetland Specialist, Dakota County Soil and Water, and Travis Thiel, Water Specialist, VRWJPO. He stated that Mr. Watson and Mr. Thiel told him they would just as soon see Eureka take over the permitting process because of the cost. Commissioner Jennings did not agree that this was their position. Supervisor Ceminsky stated he spoke with them personally and Brian Watson told him that if there are questions, grant funds are available through Soil and Water that the Townships can use to cover some costs. He stated he was speaking from firsthand conversations with Mr. Watson and Thiel.
(I emailed Mr. Thiel regarding an unrelated matter. I also, stated that he has been quoted by Supervisor Ceminsky as an advocate of Eureka administering the VRWJPO ordinance permitting process. The following is his return email response: " I can say for sure, that no VRWJPO staff have stated we would or would not like Eureka to do so. Commissioner Slavik said he was quoted as saying that, which he clarified to staff and other VRWJPO board members, was not true. We’d consider it, but they have not put forth an effort to organize a process and ordinance to actually do so. Even then, we’d be checking to ensure that Eureka Township, as we do with other communities, is doing an acceptable job at implementing that ordinance. ")
Travis
**********************
There was further discussion and disagreements. Supevisor Ceminsky suggested Board members come to the December Town Board meeting prepared to make a decision. The Clerk should be tasked to obtain fee schedules from surrounding Townships who administer the permitting process. The Building Official should be at the December meeting to address his responsibilities. Chair Miller requested a response from Soil and Water as to their willingness to assist the Board if needed. Supervisor Ceminsky will ask Mr. Watson of Dakota County Soil and Water to put the above in writing. Mr. Ceminsky's motion reflected the above. The motion was seconded by Supervisor Madden. Supervisor Ceminsky, Madden and Chair Miller voted yes; Supervisors Behrendt and Budenski voted no.
(Supervisors Ceminsky, Miller, Madden and Planning Commission Chair Hansen have been quite adamant that the Township administer the VRWJPO ordinance permitting process. Are they all trying to dance on the top of a pin? With the Township's constant changing of local officials, the lack of willingness of many to attend government training and their inexperience in implementing all the requirements of the permitting process; why would the citizens of this community want the Township to take on this responsibility. I suggest the Board invite Mr. Thiel and Mr. Watson to a Town Board meeting for an honest discussion, rather than accept all the stated verbiage from private/personal meetings that have not been directed by the entire Board.) My opinion.
Chair Miller requested a Text Amendment to Mining Ordinance 6. The amendment language would be amended as follows:
Ordinance 6, Chapter 3 Definitions, Principal Use
Second sentence, delete the words “or ready-mix concrete plant”
Ordinance 6, Chapter 7, Section 2. K, Accessory Uses
Third sentence, delete the words “or ready-mix concrete production plant”
A Public Hearing was held on Monday, November 24, by Chair Hansen and Commissioners, Jennings, Novacek and Cleminson. The Township attorney was present.
Chair Miller made a recommendation that Chair Hansen receive a "bonus"for his work on the
storage building which is now complete. Supervisor Ceminsky asked Chair Hansen if the project came in under budget? Chair Hansen stated all the invoices had been submitted. (Supervisor Ceminsky works with the budget; why would he not have this information before additional money is spent. Coming in under budget is not always a reason to spend more money.)(Commissioner Hansen is listed as the General Contractor on the storage building permit application. Mr. Hansen offered to donate his time as General Contractor; Chair Storlie (previous Town Board Chair) and the Board agreed with this arrangement. The process was completed without competing bids.)
Mr. Miller stated that he had seen Chair Hansen physically working on the project and felt he should be compensated; at least for "out of pocket" money. Chair Miller asked Mr. Hansen to submit an invoice for the December meeting. (Compensating Mr. Hansen for his "out of pocket" expenses seems to be reasonable with a submitted invoice including documentation receipts.)
**************************
For more detailed information, request a CD copy from the Township Clerk.
