A QUICK LOOK BACK AS WE LEAVE 2013!

   In a previous blog, I reported the 3rd quarter 2013 payroll dollars spent by the Eureka Township citizens. The following is the 4th Quarter Payroll dollars paid the Town Board and Planning Commission members. Of course, it is my opinion that our elected and appointed officials should be compensated for the work they do for the Township if justified and submitted appropriately. Does a Town Board Supervisor really need to submit a $70 charge to consult with the Clerk and/or Clerk/Treasurer? 

FOURTH QUARTER PAYROLL 2013

Supervisor Pete Storlie
     Road Tour                                     $70.00
     Attend P.C. Meeting                    $100.00
     Town Board Meetings                  $270.00
     Special Meetings                          $210.00
     Special Town Board Meetings     $210.00
     Meeting with Clerk/Treasurer       $70.00
     Clerk Consultation                          $70.00
     Meeting Kelly                                 $25.00
                                                                                     Total   $1,025.00 
Supervisor Mark Ceminsky
     Road Tour                                            $70.00
     Town Board Meetings                       $240.00
     Special Town Board Meetings          $210.00
     Site Inspection                                     $70.00
     Other County Meeting                        $70.00
     NCWMO                                            $140.00
     Clerk Consultation                               $70.00
     4 Road Inspections                            $100.00
     23 CAPX Meetings                         $1,610.00
     20 Road Related Meetings            $1,400.00
                                                                                     Total   $3,980.00
  

Supervisor Brian Budenski
     Town Board Meetings                       $240.00 
     Attend P.C. Meeting                            $50.00
     Special Town Board Meeting            $140.00
     5 Other Meetings                                $350.00
                                                                                     Total      $780.00

Supervisor Madden
     Town Board Meetings                       $240.00
     Special Meetings                               $210.00
     Meeting Kelly                                      $70.00
     Meeting Willmott                                 $70.00
                                                                                    Total      $590.00

Supervisor Kenny Miller
     Road Tour                                            $70.00
     Town Board Meeting                         $240.00
     Special Town Board Meeting            $210.00
     Meeting with Clerk/Treasurer            $70.00
     Meeting Willmott                                 $70.00
     
                                                                                   Total       $660.00
Commissioner Novacek                           $190.00

Commissioner Hansen                               $00.00

Commissioner Frana                                 $215.00

Commissioner Jennings                            $300.00

Commissioner Barfknecht                        $210.00  

     

                                                                          

APRIL EUREKA TOWN BOARD MEETING, CONTINUED!

EUREKA TOWN BOARD MEETING

THE TOWN BOARD MEETING -  APRIL 14, 2014  -  AT THE EUREKA TOWN HALL IS NOW CONTINUED ON TUESDAY, APRIL 22, AT 7:00 P.M. 

Tuesday

Yes, I know meetings can extend into long hours; however, on behalf of the Board, the Agenda was extremely long and requires another go at it. Thank you to all of those who attended last Monday.  It is encouraging to know that issues and the business of the Township matter. Perhaps the entire Board will come prepared.

YOUR EUREKA SCORECARD:

I write this as one Eureka citizen concerned about the state of the Township.

Clerk/Treasurer:  We had a veteran of fourteen years who left us.  You can ask her why. When she was persuaded to return at least for a couple of months just as Treasurer, she was then, in my opinion, insulted by the then-Board's offer of a much-reduced hourly salary, even though she would be doing the same amount of work as Treasurer and just not as Clerk any longer. See "The Gang That Couldn't Shoot Straight?" post.

Interim Treasurer:  A person from a neighboring township agreed to fill in for a while, but only temporarily.  My question about her stay here: Did any Board member (How about the Chair?) make sure she knew for which meeting they needed the budget from her so they weren't "scrambling" the night before the Annual Meeting? In my opinion it is the Board's responsibility to be well-prepared for the Annual meeting, and personally I wouldn't take it for granted that anyone filling in would know exactly what was expected. This person has now found full-time employment elsewhere

Deputy Clerk who became Clerk: At the last Planning Commission meeting and at Monday's Board meeting there was/will be an announcement that she is resigning her post. She has had enough. She has also stated that she stayed on as long as she did because she "felt sorry" for the townspeople who were trying to get permits and didn't want to leave them in the lurch.  She doesn't even live here, but she cares about you!

Building Official: As a Commissioner who waded through all of the former Building Inspector's files, the Board at the time asked me to help interview new people, which I was happy to do.  Of the three candidates, it wasn't even close. Scott Qualle was definitely "Qualle-fied" and very professional. I remember describing him as "a breath of fresh air." You can refer to earlier posts for more detail, but I then sat through a number of meetings in the last year or two during which I was actually embarrassed for the Township at the way in which Scott was treated.  Board members didn't even understand for a while where their authority ended and his began. (One citizen had actually stated at a meeting that, "The Building Inspector (Mr. Qualle) should be 'reined in.' " Clearly, he did not understand the Building Official's authority either.)

When the time came that Mr. Qualle's contract expired, the Board put out a call for applicants.  Scott was the only one who responded by the deadline.  But the deadline was extended.  One more applicant eventually responded, but he was willing to commit to only 90 days, not the 2 years asked for.  This time problem was going to be "negotiated."  That individual still was willing to sign for 90 days only.  Could the Board's earlier treatment of Mr. Qualle have weighed in on his decision, I wonder? (Newly-elected Supervisor Behrendt has asked to see all the paperwork that was involved in this matter. We'll see where we end up.)

Again, it is just my opinion, but I don't think someone should be "let go" for doing his job according to his sworn duty and his license. I also think that if qualified persons apply and are willing to serve for the time period asked for, someone should probably be hired.  Ask yourself why this didn't happen.

Township Attorney: At the Reorg Meeting, at Supervisor Ceminsky's instigation, the Board will continue with Kelly and Lemmons for the short time being, but will again look at other firms. We are talking about a "Superlawyer" law firm here (Mpls./St. Paul magazine), but apparently that isn't good enough for Eureka? (This isn't the first time for that, either.)  Ask yourself why.

Former Board Supervisors, including me, have often discussed how, because Commissions and Boards come and go, the Attorney is the logical source for institutional memory.  Once we have a good firm that has become familiar with our Township, as we do once again now, it actually costs the Township more money to change and bring any new law firm "up to speed."  And to what end? Could it be that the appropriate advice isn't always what "some" want to hear perhaps?



Well, I hope that this is a "seventh inning stretch," and that we will have our act together before the end of the ninth.  I just wish we hadn't worked ourselves into such a deficit.

...AND ON HIS FARM HE HAD A...

The Agritourism Task Force met again on Tuesday, April 8, this time with Sherri Buss.  Sherri is a Senior Planner with TKDA and was able to offer some sound advice to the committee based on her experience and other townships' regulations she has worked with.  She indicated which sections of the task force's work were clear and made sense and which needed more work for better definition. She mentioned that the committee should either come up with what they think people in Eureka would be "happy to live with," or could present the thresholds to the public now to get feedback.  In either instance, of course, she said that a Public Hearing would be held so that the Township will hear from the public what its thoughts are on these items such as size of building, noise, etc.

Generally, Sherri was complimentary of the group's work thus far. The committee still has to iron out the procedure whereby it would be determined, by whom, and when a permit might be needed or not.  A registration process was again discussed as an opening step in this process.

Sherri also indicated to the task force which of their questions were really attorney questions.  The committee will meet with the Township Attorney, most likely Chad Lemmons, on Thursday, April 24 (7:00-9:00). Attorney questions from the task force are to be submitted to Mr. Lemmons midweek this week so that he can prepare for the discussion on the 24th. This would be an informative meeting to attend, even if you haven't attended any other thus far.  

I DO hope that a couple of members of the task force who said something along the lines about seeking advice from a different attorney if they "didn't like" the advice coming from Mr. Lemmons were either joking (best case) or speaking on a personal basis only.  It was unclear to me what was meant. Naturally, the Township Attorney advises the Township, I think you would agree.

The committee is nearing the end of its work.  It may have a couple other meetings after the meeting with Mr.  Lemmons before its work is sent on to the next step. Keep an eye open!

Speaking of that, I did once again ask that the minutes and materials from this committee be put on the website for the public's information, just as was done for the Transfer Task Force.  I received a response that (at least one) set of minutes was ready for that. (!) I asked that it all be put there. Currently, none of it is yet.  In fact, I didn't see even a mention of this Task Force on the website at all.  I think that either this committee or the Board itself should make sure that the public has this information well in advance of any public hearing.

EUREKA TOWN BOARD MEETING

TOWN BOARD MEETING -  APRIL 14, 2014  -  EUREKA TOWN HALL

Monday!

                   

         

A BIRD'S-EYE VIEW OF THE EUREKA TOWN BOARD REORGANIZATIONAL MEETING

On Tuesday, March 25, the Eureka Town Board held their Reorganizational Meeting which
follows the Board of Canvass meeting. The intent of the meeting is to address Township business
such as the election of the Town Board chair and vice-chair, adopt a calendar of Town Board regular meetings and designate the official newspaper and legal posting places.  Decisions are also made regarding the designation of the Township attorney, professional services, the official bank, officer compensation, policies and other Township organizational matters.

SELECTION OF CHAIR AND VICE-CHAIR:
Supervisor Ceminsky nominated Kenny Miller as Chair and himself as Vice-Chair. Supervisor
Budenski agreed with the nomination of Kenny Miller as Chair, but nominated Cory Behrendt as Vice-Chair.
The voting results:  Supervisor Miller is Chair and Supervisor Behrendt is Vice-Chair.

ADOPTION OF THE CALENDAR OF THE TOWN BOARD REGULAR MEETINGS:
April 14, 2014                       August 11, 2014                    December 08, 2014
May 12, 2014                        September 08, 2014              January 12, 2015
June 02, 2014                        October 14, 2014 (Tues)       February 09, 2014
July 14, 2014                         November 10, 2014              March 09, 2015

ADOPTION OF THE CALENDAR OF THE PLANNING COMMISSION REGULAR
MEETINGS:
April 07, 2014                      August 04, 2014                     December 01, 2014
May 05, 2014                      September 02, 2014 (Tues)     January 05, 2015
June 02, 2014                      October 06, 2014                    February 02, 2015
July 02, 2014                       November 03, 2014                March 02, 2015

OFFICIAL NEWSPAPER:  Dakota County Tribune and Sun ThisWeek
DESIGNATED POSTING PLACE:  Eureka Town Hall outside bulletin board
DESIGNATED OFFICIAL BANK:  Castle Rock Bank

DESIGNATED TOWNSHIP ATTORNEY:  Supervisor Ceminsky made a motion to continue
with the current Township law firm, Kelly & Lemmons, with a caveat that within 60 days the
Town Board review other law firms as well as Kelly & Lemmons. The motion was 2nd by Supervisor
Madden. Supervisor Behrendt was in favor of the Township continuing with Kelly & Lemmons.
The voting result: Supervisor Ceminsky, Madden, Miller and Budenski voted yea
and Supervisor Behrendt voted nay.  
                                                 

BUILDING INSPECTOR:  The Board will review the Building Inspector RFP process at the April meeting. A contract has NOT been signed at this time with Darrel Gilmer.  Paperwork will be submitted to
the State requesting a State-appointed Commercial Inspector until the Township can contract with a Commercial Inspector.

ENGINEERING AND PLANNING:  The Township will continue to utilize TKDA.

SUPERVISOR LAWYER CONTACT:  Supervisor Ceminsky and Supervisor Behrendt
 indicated an interest as lawyer contact.  A ballot vote was taken.
The voting result: Supervisor Behrendt received  4 votes; Supervisor Ceminsky received
1 vote. Supervisor Behrendt is the primary attorney contact and Supervisor Miller
is second per the Attorney Engagement Policy. 

SET COMPENSATION FOR TOWNSHIP OFFICERS:  Supervisor Ceminsky moved that
Officers should NOT receive compensation for Board and Planning Commission meetings, special
meetings, liaison meetings and site inspections. Supervisor Ceminsky did exclude election judges in
his motion. He stated "that is what the citizens at the Annual Meeting wanted." REALLY?  
I attended the Annual Meeting and at no time, that I am aware of, did any citizen state
that he/she believes Township Officers should not be compensated. This is absurd and
unprecedented. Supervisor Madden 2nd the motion.
The voting result: Supervisors Madden and Ceminsky voted yea and Supervisors Miller,
Behrendt and Budenski voted nay. The motion failed. Supervisor Behrendt made a motion
to accept the fee schedule as presented. Supervisor Budenski 2nd the motion. Supervisors
Budenski, Miller and Behrendt voted yea; Supevisors Madden and Ceminsky voted nay.
Our Township Officials will be compensated as they should be.
In the past some Planning Commissioners and Supervisors have declined payment or have
in some way donated their fee back to the Township. This has been a personal choice and
is an option that can be utilized by Supervisors Ceminsky and Madden or any Officer
if they chose to do so.

SUPERVISOR ASSIGNMENTS:  
Lakeville Fire Contract - Supervisor Madden
Farmington Fire Contact - Supervisor Madden
North Cannon and Vermillion River Watershed - Supervisors Budenski and Ceminsky
Weed Inspector - Supervisor Madden
Roads - Supervisor Budenski and Supervisor Behrendt
Wetlands/DNR - Supervisor Miller
Airlake Airport - Supervisor Ceminsky
Town Hall Supervisor - Supervisor Miller
County Contact - Supervisor Miller
Sheriff Contact - #1 - Supervisor Budenski, #2 - Supervisor Madden
Compliance Officer - Supervisor Behrendt
Professional Services - Supervisor Behrendt
Building Inspector Contact - Supervisor Ceminsky
IT Consultant - Supervisor Behrendt

Anyone you might recognize?

BUILDING INSPECTOR CODE BOOKS:  The recently purchased Minnesota State Building Code books have been taken from the Town Hall premises. (The Code books belong exclusively to the Township and were paid for by the citizens). The Board agreed to once again purchase the Minnesota State Building Code books and secure them.
        
Policies, MAT meetings, signer cards, the next Roundtable Meeting date, clerk and Treasurer positions and other issues were discussed.  Information can be obtained from the Clerk regarding the Reorganizational Meeting and the Annual Meeting as well as CD copies of the meetings.

HANSEN ALLEGES IMPROPER PROCEDURE IN ORDINANCE ADOPTION

At the March meeting of the Planning Commission, Attorney Jerry Filla, of Kelly and Lemmons, was present to answer questions previously submitted by the Commission, at their request.

One of those submitted questions had originated with Commissioner Butch Hansen, who wanted to know if the "Duck Book"  of earlier Ordinances didn't govern nonconforming uses today.  See "Still Shaking My Head" post.

Jerry Filla's answer to this question?  "The Duck Book is history." He then stated, "I assume, of course, you have followed all the proper procedures, such as holding a public hearing."



What happened next?  Butch Hansen then immediately stated that a public hearing was never held on the Ordinance changes!!! He insisted that "the verbage [sic] was changed"  In fact he said that three times, until Commissioner Carrie Jennings asked him to please be more specific about what he was talking about. He never was more specific, but repeated that a hearing was not held.

Let me be specific: If you go to the website and look up minutes you will indeed see that
1)  a public hearing was held by the Planning Commission on April 18th, 2005, followed by 
2) a Special Planning Commission Meeting on the same date.  Then
3) a Special Meeting of the Board was held on, May 16, 2005, specifically to review the changes to the Ordinance from the public hearing. After that,
4) a public hearing was held by the Board of Supervisors on June 7, 2005, followed right after by
5) a Special Town Board Meeting also on June 7, 2005 to review the changes from the second public hearing. 

Not only was a public hearing held, but a second one was held by the Board just to make sure everyone had a chance to weigh in!  (This is unusual.) The Board then adopted the Ordinances as amended at the hearings..

But here's something also interesting:  Butch Hansen was in attendance at both April 18th meetings as a Planning Commissioner.  He even made a motion or two during the special meeting and, if I counted correctly, eight comments during the public hearing!
One comment made reads thus on page 5: "Francie Madden: Old ordinances are repealed and new ordinance immediately instated.
Butch Hansen- old ordinance is in effect until (emphasis added) the new ordinance is adopted."  (Seems like he understood it then!)

(It was also asked and stated by others at the April 18th hearing that the Ordinances and the proposed Ordinances were on the Township website-yet another way for the public to be aware of proposed changes.)

Also of note is that in May 2005 Butch Hansen was no longer on the Planning Commission; he and another member were replaced by Mike Greco and Kevin Flaherty.

Hmmmmm.  

Back to the March 2014 Commission  meeting: Then-Supervisor, Pete Storlie, who was Board liaison for the evening, stated that the recording of the hearing could be looked for as such recordings are kept.


Fast-forward to the Annual Meeting 2014.  This time Attorney Chad Lemmons, of Kelly and Lemmons, was in attendance to answer any legal questions that might arise.  The topic of this Ordinance adoption was brought up again.  A citizen asked if a public hearing would have been neccessary.  Mr. Lemmons' answer was "yes."  The citizen stated that the recording must also be reviewed, or words to that effect.  Mr. Lemmons said he agreed that having the recording "would be nice," but it was not essential as the approved, written minutes are the official record.

Well, there you go!  Paraphrasing Sherlock Holmes, "What game's afoot, Watson?"