Township Business, Mysterious Registration, Citizen Input and More - June Board Meeting!

The Eureka Board of Supervisors held its

meeting on Monday, June 11. The following are discussions, sometimes
spirited, on issues and topics of interest.

Contractor Time:  Dust coating, repair of roads and grading has been delayed
due to heavy rains. $4,000 was approved last year for tree removal on 235th
Street. A total of $9,500 is needed which takes about one half of the
tree budget. A motion was made by Ceminsky to approve an additional
$5,000. Chair Murphy seconded the motion. Hansen abstained (???). The
motion passed.  Gravel bids should be awarded in February and the Board
should consider next Fall.

                                         
Airport: Chair Murphy and Butch Hansen met with Lakeville and MAC
representatives to discuss a friendly annexation. Lakeville has requested a
letter from the Township stating the roads the Township would like
blacktopped as part of the friendly annexation.

Hansen stated Lakeville was very reluctant to consider the proposal. He stated
their answer was "We do not have to do that; we will just take 120 acres next
year and 120 acres after that." Butch stated his comment was "You can do that
but those annexations are not going to go smooth as the first one." Not sure
what Hansen is alluding to.

MAC plans to pay for the entrance to the airplane hangars.
The intent is to blacktop the hangars on the southwest corner first,
as soon as next year. The extension of the runway and paving of the road
would not be done until 2022.
The Board approved and requested the attorney to send a letter to MAC and
copy Lakeville stating the Township's request for the paving of
specified roads regarding the possible friendly
annexation.

Sheriff's Department: The Sheriff who was present
stated there was "not much going on" in Eureka
Township at this time. In Castle Rock
a man was trying to lure young girls into a vehicle.
The Deputy stated that if anyone sees anything, get a
license number or any other pertinent information and
call the Sheriff's Department (911) immediately.

Township Logo:  Jody Arman-Jones engaged in a discussion with the
Board regarding the Township logo which was created by Carolyn Papke,
a very talented artist and past resident of Eureka Township. Carolyn
donated the logo to the Township. The logo CANNOT be utilized on
campaign letters, etc. without the permission of the Township. Jody, the
Newsletter editor, acknowledged Ms. Papke on the Newsletter draft.
Butch Hansen was against acknowledging Carolyn Papke's name under
the logo.

Township Clerk and Deputy Clerk: Yes, the Township is still without
a Clerk and Deputy Clerk!!!  Requests have been posted on Craig's List,
LinkedIn and in the Sun Newspaper South. The Township will utilize a
recruitment service as a last option as a contract of a 10% fee would be
applicable. As of this meeting there were 6 applications and an interview
had been scheduled for the 18th. Chair Murphy has also been working
with the Minnesota Association of Townships and networking. The
advertising is for an Executive Administrative Town Clerk. Applicants
should be from outside the Township. Thank you, Chair Murphy.

Sample Permits:  Butch Hansen stated that "better than a year ago a
motion was made to direct the Planning Commission to come up
with sample permits in a packet." He indicated that this had not been
done and if the PC cannot do it the Board will." Nancy Sauber, past
Planning Commission Chair, corrected Hansen and reminded him
that the PC had worked on and forwarded sample forms to the Board
over the past year. The Board approved ALL forwarded samples.
These samples were given to the Clerk who obviously dropped the ball.
(Supervisors need to come prepared with facts!)
                                             

Mystery Legal Non-conforming Registration:
Butch stated he was hoping to discuss this behind closed doors but
was told it had to be done at a public meeting. A Mysterious
non conforming use registration showed up at the Town Hall
in an envelope to"me"(Butch) and Ceminsky
also received one at his front door as well.
Terri Petter was present and stated "This is
about me." The registration
was for Farm Tours! (On Ms. Petter's Facebook page on May 24, 2018,
she stated "We still have all the farm animals, one wolf hybrid, one raccoon, 
one fisher, one skunk, goats, whitetail, chickens, mini horses, pigs and other 
animals NOT on the exotic list. This is why we have redone everything and
became The Farm. We have turned the farm into a more hands on 
experience with unlisted animals" ).

Hansen stated the registration process that transpired in the past. Nancy
Sauber stated her recollection of the process
and also reminded the Board that the registrations were accepted
and there are minutes that will support which non-conforming
use registrations were accepted. Nancy reminded the Board that
Peter Tiede, a past Township Attorney, stated that all those that
were legal before can continue as legal non-conforming
but does not make any illegal businesses legal.
The Township cannot circumvent State Statute. Butch initiated a "heated"
discussion and disagreed with Nancy Sauber stating to Chair Murphy
"If you can control Nancy, good luck with that! ( How rude of a
Supervisor!  Is this how citizens who attend meetings and have something
of value to state for clarification should be treated?) (My opinion)

Ceminsky stated all were accepted in a sweeping
motion as legal non-conforming and questioned why the (Mysterious)
registration that surfaced years later should not be a part of the legal non-
conforming registration. (I have copies of past non-conforming
meeting minutes from 2002 through 2005-research of the minutes does
not show this is true!)


My Questions: On what date did the 
"mysterious" registration appear on the
doorstep of Ceminsky and in the hands of 
Butch Hansen?  Why only Two Supervisors?
Who submitted the registration form to the attorney and when?
Why would the applicant not attend a Town Board
meeting represented by an attorney with facts to 
support the claim after so many years have passed.
Was there a related circumstance at the time the mysterious
registration appeared? It is of interest that this mysterious
registration was not brought up in Court in the beginning of the 
legal process.
Perhaps something to ponder!!!!

The February 7, 2005, minutes state "Motion by Francie Madden
to pass the remainder of registrations with attachments. The 
accepting for filing of the registrations does not constitute a
statement by the Planning Commission that the registration
 is LEGAL. Motion was seconded by Butch Hansen." 

The "mystery" application for Farm Tours was not seen in the
January 3, 2005, (Butch Hansen made a motion to accept all
these registrations.) OR the February 7, 2005, accepted
non-conforming registrations by the Planning Commission.
(See above paragraph.)

Attorney Lemmons referenced Ordinance 2, Section 5, Chapter 1, and
stated that all Planning Commission and Town Board minutes which
dealt with the non-conforming registrations should be reviewed and
kept with the book of Registrations.

Hansen said he would be happy to review the minutes! He would like
Shirley, the temporary Clerk, to give HIM the minutes. (It is my hope that
Mystery minutes do not appear on doorsteps!)

Attorney Lemmons stated that until there is a Township Clerk, no one
should touch the records which can not be certified until there is
a Township Clerk. Hansen disagreed with the attorney. On what basis??


Chair Murphy and Butch Hansen will audit the records when a
Administrative Clerk position is filled. Chair Murphy
felt more time is needed due to circumstances.

Ceminsky made the motion "If we have to have Supervisors look at
records for the public, the Chair and Vice-Chair will both go together
to pull minutes". Hansen seconded the motion and it passed.

IT Website Designer:  Ceminsky made a motion to engage a new
IT Website Designer, Hansen seconded the motion and it passed.

                                   STAY TUNED!
Information taken from the Board meeting CD, Facebook and includes
my opinions.

DEVIL'S IN THE DETAILS...

A few details from the Town Board meeting of June 11th:


Meetings with Lakeville and MAC will continue for a possible orderly annexation of the airport. Be interesting to see if they want to "play ball." Yes, they would be able get the entire airport in one shot under a friendly annexation, but are they willing to provide what the Township is asking for this accommodation? Jody Arman-Jones, editor of the newsletter, was told not to include any details discussed at the meeting in the current issue, so I won't here either, but it IS public information because it was discussed at the public meeting. Evidently, Hansen had wanted to discuss it at a closed meeting, but was advised that the Board cannot close a meeting for that purpose.

Maybe he should try reading the Minnesota Association of Townships handbook for statute references as to when a closed meeting can legally happen. This has come up so many times, I would think he would know that by now just by hearing it so many times, but he apparently still doesn't. This a little concerning that he wanted to close the meeting to the public when he can't even do so legally. Thankfully, he was corrected on this matter. Why does he want to keep the discussion out of an open meeting and thus out of your reach? This has been freely discussed at Annual Meetings, so what's the problem? Lakeville and MAC are either going to go for it, or they won't. Is this the accountability and openness you expect from one of your supervisors?

Concerning the incorrect advice two Board Supervisors (guess who?) gave Sibley Aggregates about bringing in outside concrete for crushing all summer long, Hansen seemed to excuse himself by stating that he had "called the Attorney the very next morning (after the Commission meeting)" about it. He then "discovered" that this requested use is not allowed under the Ordinances. I asked "Why didn't you already KNOW this?" He had no answer. I made the point that had the attorney been in attendance at Commission meetings as requested by the Commission but denied by the Board, there would not be any additional charges to receive information Hansen should have already had.

Not to mention that I had explained to Hansen at the Commission meeting that this use is not allowed and was purposefully not allowed by the Task Force and Board when the Mining Ordinance was written. In order to have a chance at doing so, Sibley Aggregates would have to apply for a Text Amendment and a public hearing would have to be held. Yet the two representatives from Sibley were told otherwise by these two supervisors. Are they so intent in trying to be "Go-To Guys" who will "get it done" for you that they are willing to ignore the Ordinances!?? Or are they just that ignorant of what proper procedures are? Either way, it's not good. (My opinion.)

Hansen seems to have a problem in accepting input from a person who was on the Planning Commission twice, on the Board, who has attended MANY trainings and public hearings, and who has actually read the Ordinances. What he is afraid of? No, instead of realizing that the person MAY know what she is talking about, he calls the attorney (Did he even have the go-ahead from the Primary Attorney Contact to do so?) to be told the exact same thing he was told the night before and  which he should have already known anyway. Where has he been at meetings? Does he even listen to others? And he had the audacity as Board Liaison to tell the Commission that they "should read [their] Ordinances!" Perhaps you could practice what you preach, Mr. Hansen.




When asked at the Board meeting whether any requirement for the clerk to be someone who lives outside the Township is in the Ordinances, Hansen immediately stated "Yes, it is!" NO, it is not. And yet he said it with such authority...

Thank heaven we have the Board Chair we do. He has very evenly and respectfully called on everyone wishing to contribute. At the last meeting (9:07 pm) Hansen said to Chair Murphy, "If you can control her (meaning me and my comments or questions as a citizen), good luck with that." I replied, "Nice way to talk to a citizen, Butch." So citizens are to be CONTROLLED? And whatever happened to that respect that he keeps saying he must be treated with? One-way street, I guess.



Further on that point, at the April Board meeting, Hansen, as a Supervisor, said to me, "Nancy, you are just a citizen now. You won't get your way." JUST A CITIZEN? Really? That's what you are supposed to be all about, Mr. Hansen,----the citizens! On what basis is the decision being made as to whether you, Reader, as "just" a citizen, are being heard or not? I find this attitude toward people Hansen just doesn't like to be troublesome...

On other occasions, Hansen has actually stated publicly as a Supervisor that this blog is "full of slander and lies." He has also stated that we blog authors "have claimed to be the official Township website." ALL OF THIS IS SIMPLY UNTRUE! We are a citizen blog and are labeled as such. Everything we report here is backed up by disc recordings, minutes. If we have an opinion it is stated as such. Why do he and Ceminsky dislike this blog so much that they have repeatedly tried to have it shut down? Ask yourself that; would this unconstitutional censorship be a good thing for our Township?

Hansen raised an objection that people were "getting information" from the blog. Is not more information a good thing? Did you know that Hansen and Ceminsky want to have a "policy" of reducing minutes to bare-bones motions and votes ONLY, not even including the discussion or the rationale for the votes?  Hansen has abstained from votes on many occasions recently, yet does not give any reason for his abstention. Makes me wonder what's going on...

It is difficult to sit through meetings when even a couple of the Supervisors seem to have so little regard for the proper and respectful way to do things. It seems to me that the personal agendas they have are what is important to them and drive their actions-not the good of the Township. But that is my opinion...and that of many others as well.

Other bits of info:
The Board approved another $5,500 in addition to the $4,000 from last year to remove trees along 235th.

No Clerk hired yet. Feelers out. The Township needs to find someone who understands the Ordinances and the Clerk's role as Zoning Administrator.

The RFP for a Building Inspector has apparently not gone out yet. In fact, it wasn't even brought up at the meeting. Darrel Gilmer was okayed as a short term fill-in, nothing longer. We need to act on this NOW and get in place someone who can professionally and fairly do the job for the longer term.

YOU DON'T NEED A WEATHERMAN TO KNOW WHICH WAY THE WIND BLOWS...

I just attended the Planning Commission meeting last night. As part of the audience, what struck me most about the meeting was that part of the atmosphere that Commissioner Al Novacek appeared to try to set.
Listening to him, one might think he is the only one up there trying to help citizens. "What are we here for? We're supposed to be helping people ...I think we shouldn't apply those (longstanding) rules in this case...I'M going to 'advocate' for the citizen here..." or words very close to that.

The end effect of his posturing, in my opinion, was to make the Commission look dysfunctional, to unnecessarily upset the citizen, and to leave hanging a nasty and unjustified question about the rest of the Commission's motivations. NOT helpful!




Yes, we are without clerical assistance right now. There is still the website which holds the Ordinances, application forms, instruction sheets and even a site plan example. It clearly states that all materials must be submitted ten days before the Planning Commission meetings.

For a citizen to come in with one application form not appropriate to his project, to change the project itself right there in front of the Commission, to have lots of missing information on the site plan, and to not avail the entire Commission an ability to view the "new" application isn't really reasonable. Again in my opinion. The citizen meant no ill will and of course wants to starts his projects ASAP--like everyone who comes before the Commission/Board. He was just very unprepared. Had we an experienced clerk in place, he/she would have pointed out all the items which made his application incomplete and would not even have forwarded it to the Planning Commission in the first place in the state it was in. That's a vital part of the clerk's role.

But the rules are there for a reason. The Planning Commission is supposed to check all points of zoning on the application before sending it on to the Board. To circumvent that, as I believe Novacek was proposing, really states that the Board can just do this work for themselves and add to their already looooong meetings. Getting all the ducks in a row for the Board is part of what the Commission does.

I did talk to the citizen before he left the Town Hall and unofficially pointed out to him what information he was still missing and how the form should have been filled out. I reinforced that he should visit the website. He left in a better mood and with greater understanding.

If I were an fellow Commissioner of Mr. Novacek's, I would be offended at his implication that he was the "knight in shining armor" to "rescue" the citizen (from...?). As it was, he gave out wrong information to the applicant when he stated that there are no limits on his projects of this sort. That hole in the Ordinances was closed MONTHS ago.