Thumbs Up, Thumbs Down; Highlights and Lowlights of the Eureka, August 11, 2014, Town Board Meeting

     On Monday, August 11, the Eureka Town Board conducted its monthly meeting.  The following are a few of the topics addressed at the meeting:

ROAD CONTRACTOR:
     Supervisor Ceminsky reported to the Board that Class 5 gravel had been applied to 235th street. He stated that he received calls from several citizens and he investigated the area. Jason Otte, the Road Contractor, was present and stated that he had not applied any Class 5 gravel. Supervisor Ceminsky did not provide any samples or photos to support his claim.
      Supervisor Ceminsky is NOT a Road Supervisor.  It is his responsibility to direct citizen calls and e-mails to the current Road Supervisors for a complaint response and inspection if appropriate.  Supervisor Ceminsky stated that citizens were unable to contact the current Road Supervisors, Vice Chair Behrendt and Supervisor Budenski.  Both Road Supervisors replied that no one had tried to contact them and requested Supervisor Ceminsky to forward all citizen calls and e-mails. Supervisor Budenski stated that he was in contact with Otte Excavating, Inc. almost daily. Supervisor Ceminsky did not provide the e-mails or phone numbers at the meeting.
     The contact information for road Supervisors is as follows and can also be found on the Eureka Website and the Newsletter.    
     Supervisor Budenski - 952 292 6028, brianjbud@gmail.com and Supervisor Behrendt - 952 985-5411,  corybehrendt@frontiernet.net.

ATTORNEY BILL:
     The Board reviewed the current attorney invoice and found three unauthorized phone calls by Supervisor Ceminsky to the Township attorney, Mr. Lemmons. The Attorney Engagement Policy states "It shall
be the sole responsibility of the primary (Vice-Chair Behrendt) and secondary ( Chair Miller) attorney liaison to be in communication with the attorney and done in a matter consistent with the Open Meeting Law. "  The attorney agreed to dismiss the fee for the three unauthorized calls. (I suggest that Supervisor Ceminsky and any other Supervisors who are not familiar with the Policy review it.)

JOEY MILLER INVOICE:
     An invoice in the approximate amount of $19,000.00 submitted by Joey Miller for his work on the  new Town Hall storage facility was misplaced. The Board approved the invoice for payment; however, the invoice for payment will be an additional claim on the August Claim list.

CULVERT CLEANING:
     Supervisor Budenski reported that the Town Board has secured a permit and "okay" from the DNR Hydrologist to remove debris from the culverts on 225th Street. The property owner has given permission to enter his property.

WESTWIND SCHOOL:
     Representatives from the Westwind School have withdrawn all applications for permanent/temporary structures until the end of the 2014 school year

IT CONTRACT:.
     At the August 11,2014, Town Board meeting, Supervisor Ceminsky expressed his concerns regarding the IT contract which the Township has with Buds and Bytes and Supervisor Behrendt's role in the IT updating process. Supervisor Behrendt explained that the Board agreed, at a previous Town Board meeting, to accept Mr. Behrendt's offer to correct IT issues at no expense to the Township and work with Buds and Bytes as needed. The volunteer work that would be done by Supervisor Behrendt would save the Township thousands of dollars. (Supervisor Behrendt is currently employed as an IT Director for Clifton, Larson, Allen and has degrees in Electrical Engineering and Information System Management. As a professional he is responsible for creating business and technology plans that support the daily needs of a diverse and dynamic organization.)
     Referring to the April 8, 2013, Town Board meeting minutes, the Board, at the direction of Chair Storlie, (Supervisor Behrendt was not then on the Board) authorized the Clerk to call Buds and Bytes on a "as needed basis" for computer support. The  Board also discussed entering into an IT contract with Buds and Bytes to keep computer equipment running efficiently.

     Supervisor Ceminsky admitted he had a private conversation with Chris of Buds and Bytes and questioned why Supervisor Behrendt was not communicating with Chris. Supervisor Behrendt explained that he attempted to communicate with Buds and Bytes via several e-mails over the past 2 months without a response. (Supervisor Behrendt had copies of the e-mails.) He stated that he finally received an e-mail from Chris about a week ago (apparently after Supervisor Ceminsky, without Board agreement, called Buds and Bytes.)) (Perhaps Supervisor Ceminsky ignored his responsibility to first communicate with Supervisor Behrendt, a common courtesy, before calling Buds and Bytes with his concerns. This would not violate the Open Meeting Law. In my opinion, Supervisor Ceminsky should speak with the Board before designating himself as the Buds and Bytes contact. Eureka has a Board of five, not one.) ) Supervisor Behrendt reminded Supervisor Ceminsky that there needs to be communication with him if there is an issue. The response from Buds and Bytes answered only about one-half of Supervisor Behrendt's questions.
     Supervisor Ceminsky stated that Supervisor Behrendt was doing "stuff" on the office computer with files and data. Ceminsky stated he wants to keep the process "clean" and does not feel a Supervisor should be working on computers. Supervisor Behrendt reminded Supervisor Ceminsky that Nanett, the previous clerk who was training in a new clerk, was rearranging files and that Supervisor Ceminsky had agreed to allow him to work with Buds and Bytes to resolve issues. He explained that he was not dealing with data, but the presumption is that he would not be malicious and only effectively work with the hardware entity as a professional IT person. His intent was to utilize his IT experience to save the Township money. He stated he was never working on the computer without someone else in the office, adding that if Supervisor Ceminsky did not "trust" him, someone else was welcome to carry on in his place. Supervisor Behrendt then stated that he was "done" with his volunteer time due to the lack of trust and that engaging Buds and Bytes to complete the process would cost the Township thousands of dollars that the Township did not budget for.
     Supervisor Behrendt donated computers and equipment to the Township to replace the outdated equipment that was being utilized. Commissioner Hansen, on more than one occasion, questioned why the Township was not purchasing new equipment as allowed by vote at the Annual Meeting.  Supervisor Behrendt explained that the equipment that was donated by his company was new; however, the equipment could be returned and the Township could purchase other equipment.
     Supervisor Behrendt donated time away from his professional position during his work day to start the process of updating a mixed bag of eight year's of complex codes. The Township will now have to pay thousands of dollars to engage Buds and Bytes to manage the website/webmaster and they will have unfettered access to the Township data.
     Chair Miller indicated that the Township would prefer to keep the donated new equipment. He stated that Supervisor Behrendt had done a good job putting everything together and that he "did not deserve this abuse." Chair Miller acknowledged that Supervisor Behrendt was authorized to donate and install the new equipment, and to tie together various obsolete programs. Buds and Bytes' contract will be reviewed.
     My comment:  Supervisor Ceminsky, are you on the Board to cost the Township money or to save the Township unnecessary spending due to the generous efforts of a financially conscientious Supervisor and citizen?  The majority of the time it is better to work with someone to accomplish a result rather than spend energy trying to make others look incompetent. Commissioner Hansen, please obtain the facts before making assumptions and public statements.
     My comment: Supervisor Behrendt, I appreciate and value your commitment of time and your generous donation of new computer equipment. You conduct the business of the Township with a voice of reason, fiscal responsibility and integrity. Is it possible that a few of the other Board members are there to "carry the water bucket" for their buddies? At times, I wonder. I believe the majority of citizens would agree that you take your Oath as an official seriously. Thank you.

AUDIENCE DISTURBANCE:
     Supervisor Madden, with the encouragement of Supervisor Ceminsky, reminded the Board that a citizen in the audience was "creating a disturbance." (A citizen moved from one seat to sit next to another citizen and whispered two words to the citizen in front of her.)  He stated the Board needed to concentrate on "what they were trying to do here." He said he brought it up because "he was having a hard time following the discussion."
     At a previous meeting, four Supervisors were engaged in a discussion (See the photo at the top of the Blog) regarding a very large issue in the Township. Supervisor Madden was too busy laughing and writing notes to the clerk on the back of his agenda to get involved in the discussion.
     My Opinion: "I find this behavior  of Mr. Madden's very distracting. I also find it very distracting when a Planning Commission member, while sitting next to the attorney, continues to engage Mr. Lemmons in a conversation; not allowing the attorney to focus on the Board discussion. This member, in particular, speaks and interrupts without being recognized, whenever he so desires as if he is a "sixth member of the Board."  Supervisor Madden, please focus on the more important issues.
     Citizens take time out of their busy schedules to attend meetings in order to conduct business or to become informed of decisions being made by our public officials. Citizens should be treated with dignity and respect.  It is unfair to expect citizens to sit for four hours and not speak to another citizen sitting next to them.  If the conversation is going to be loud and lengthy, requesting the citizen/citizens to step outside the meeting room is reasonable.
     Supervisor Ceminsky had the small tables, which citizens utilized to work on computers etc. during the meetings, removed from the building. He explained that "he felt everyone should sit together." Now that the storage facility may soon be completed, it is a good time to bring a couple of tables out of the storage unit and allow the citizens to utilize what rightfully belongs to them in spite of Supervisor Ceminsky's "feelings."

AGRI-TOURISM:
     The Board engaged in a discussion regarding developing an agri-tourism ordinance.  Attorney Lemmons provided the Board with a draft report he developed utilizing input submitted by the Task Force and individual Task Force members. Attorney Lemmons did state he was concerned about making Agri-tourism a permitted use because of all the potential uses.  He stated he felt an Interim Use Permit for Agri-tourism would be much better. Supervisor Behrendt expressed several valid concerns and stated he felt the Board should have the option of reviewing the proposed ordinance following an Open House before moving forward with a Public Hearing. He had concerns the Board is taking what is a very complex issue too lightly, as well as the possible effects Agri-tourism might have regarding zoning.
     Expenditures were approved to allow the Planning Commission, Task Force members and Sherri Busse from TKDA to host an Open House allowing citizens to participate in an informational Agri-tourism discussion. Within 60 days a Public Hearing will be held to address the citizen concerns and make a decision on the feasibility of an ordinance to be presented to the Town Board for discussion.  Be alert for a posted Open House date.

TOWN HALL GARAGE/STORAGE BUILDING
     The storage building is not complete at this time. The Town hall property where the current storage unit is located has been sold to Atina and Martin Diffley. Chair Miller agreed to to move the storage unit onto the current Town hall property for a fee of $100.00.  The unit will be moved by the end of August.
Chair Miller asked as to when the new storage building will be completed. Commissioner Hansen was unable to answer this question. Commissioner Hansen stated that an amount around $4,100 would be needed to complete the next step. (No quotes were provided to support the dollar amount.) The Board authorized up to $4,100 for completion of this portion of the project.
     I reviewed the Town Board minutes from April, 2014, when Supervisor Ceminsky made a motion to move forward with the building project. Commissioner Hansen is listed as the general contractor on the building permit application.  He offered to manage the project free of charge. Pete Storlie was the Board Chair during this period. 
     The Commercial Inspection Record  states that the "permit holder/contractor/owners is responsible to call for inspections."  I found, in the project file, one inspection report dated 5/29/14 by Inspector Darrell Gilmer. The Commercial Inspection Record also states that the "permit packet, including the approved plan, and this inspection record must be posted in an accessible location before calling for inspections. No inspection will be performed and a re-inspection fee will be charged if this card and the approved plans are not available to the inspector."
      The Township Building Inspector, Darrell Gilmer, reminded Commissioner Hansen at the August Town Board meeting that only one inspection had been requested and that the required inspections need to be completed.  The Commercial Inspection Record was not posted in the building, but was filed away in the project file in the Office as of August 19, 2014, when I reviewed the file at the Town Hall.
I was also unable to locate a construction schedule. Is it not appropriate to expect the Contractor/Project Manager to provide to the Board a construction schedule at the beginning of the project and also call for inspections when required during the construction period? 
     My opinion: Perhaps, for future projects, hiring and paying a project manager/contractor would keep the process "clean" and professional. The project folder was void of quotes and, in specific, competing quotes, as well as lien waivers. Is it possible competing quotes were not obtained? Perhaps they are filed in another area. Is the Township Project Manager/Contractor following the proper procedure? If not, why would the Township Officials expect citizens to do so throughout the duration of their building process? I believe this is an issue to be concerned about rather than a couple of citizens chatting a few words during a meeting or a generous Supervisor donating his time and expertise to the citizens of the Township.  While I was sifting through a couple of files in the Town Hall Office, a citizen told me " Eureka not only has a reputation in Dakota County, but all over  the State."

     Can the citizens expect the storage facility to be completed by the next Annual Meeting?
   
   


     

 

  

ARE YOU "ENGAGED?"

This blog is titled "Engaging Eureka in Governance."  We just passed our first year anniversary back in July!  Time flies... If we might refresh: There are various ways to be engaged in your local government:


One is to attend meetings, whether of the Board, the Commission, public hearings, open houses and so on.  This is probably the best way, enabling you to see for yourself firsthand what takes place, is said, etc.  It can be an eye-opening experience, believe me! It was heartening to me to see that there were several citizens in attendance at the August Board meeting who were there, apparently, just to observe the proceedings, having no business of their own on the agenda that evening.  SUGGESTION:  Send an alternating member of your neighborhood to attend meetings and report to your area.  This relieves one of attending all the time, and yet keeps a number of neighbors up to date.

It is the right of every citizen to be present to observe and listen to discussions leading to Township decisions being made on his/her behalf.  This right is protected by the "Open Meeting Law."  It is unlawful for a quorum of the Board or Commission, or even a Special Committee appointed by the Board (such as the Agritourism Task Force) to have discussions of Township business outside of a public meeting.  This quorum can be "assembled" by way of what is called a "serial meeting," as well as by an outright gathering of three members of the five-member bodies.

Another way to be engaged is to check this blog.  Whether you tend to agree with the opinions expressed here or not, it's a good thing to explore whether there is some item you would like more information on.  This blog is written by citizens who attend the majority, if not all, meetings held in our Township.  We have a concern for the future of our community, which we trust is shared by you.




Better yet, if you subscribe to the blog, as many have done, you will never miss a post.  You will automatically be sent each published post via your email. If you know of neighbors who might be interested, please pass the website on to them.

Reading the newsletter and the website is yet another method of garnering information. The draft and then approved minutes of each and every meeting are to be posted on the website.  Reading these minutes will keep one current at least on what issues are being addressed.  Be aware, the main requirement for the minutes is to record motions, seconds, and votes on Township matters.  It is up to the body in question how much other detail it desires.  This has varied quite a bit over the last several years.  There are lots of comments or attempted actions that never are reported in the minutes, which is why yours truly prefers to attend in person and has done so for some time. You can also request a CD copy of the recorded meetings for the month for a small fee of $5.  Request these copies through the Clerk.  Once the minutes for a particular meeting have been approved, however, the disc is to be destroyed.  Thus, one cannot go back in time to request a CD of a meeting from, say, a month ago---unless those minutes have yet to be approved.  Your right to this recording as well as copies of the minutes and other government-generated data is protected under the "Data Practices Policy." All recordings of all public hearings are preserved indefinitely, as well as those of certain meetings so designated by the Board.

Taking advantage of the "Public Comment" period towards the beginning of each Board meeting is a way to let the Board know of your concerns or opinions. Anyone in the audience wishing to make a public comment is able to do so  There is a time limit involved, and the Board may or may not discuss what you have stated. In the past, most comments received some Board replies; lately, not so much.  If you wish to have Board discussion of your input, you can ask to be heard via an Agenda Item Request. (Form available on website and due no later than noon on the Thursday before a Board meeting.) Citizen Input Policy

Of course, probably the most effective way to be engaged in your community is to VOTE.  The items above are ways to enable yourself to cast an informed vote.  Township elections are held every year on the second Tuesday in March.  One or two supervisor positions are "up" each time around. The Annual Township Meeting is held at 8:15 each and every year on the night of Election Day.  It is at this meeting that the levy is approved by those citizens in attendance. The levy is the only item from that meeting that is binding on the Board, but other citizen comments and recommendations are discussed and sometimes voted on as well.  These non-levy specifics are recommendations only to the Board, and the Board can choose to do what it wishes for these matters.

Be aware that if you are going to be out-of-town on Election Day, you have the option of voting by Absentee Ballot.  It has been known to happen that the absentee ballots have swung an election one way or the other, so this is a very important thing for you to consider. Absentee Ballots

 to all who have endeavored to stay involved and up-to-date on Township affairs.  It is perhaps only human nature to first become involved when something affects you personally.  But as a presenter at a Government Training Session on Ordinances stated, by then "it may be too late to remedy" what the problem is--at least for your situation.

TAKE A NOTE, PLEASE...

Just a quick Update on the Clerk:

The Town Board most recently hired Mira Broyles as Town Clerk.  Mira has some government background, having worked, for example, as clerk for the city of Eagan. She has had a lot to learn on the job as Township Clerk.  Her role involves many different aspects of Township government.  The different procedures don't come up every day, so the "practice" in learning them is intermittent. This makes feeling comfortable with them more difficult.

Former Clerk/Treasurer, Nanett Sandstrom did spend two days with Mira, going over her duties and has continued to be of help over the phone most recently.

 At a recent Board Report at the August Planning Commission meeting, Supervisor and Chair Kenny Miller disclosed that Ms. Broyles had lately desired to resign, but decided to keep on, at least for the time being. (I would expect that feeling somewhat overwhelmed in spite of her background and skills and being the sort of person who wants to do a good job was behind the resignation idea.)  Supervisor Miller indicated that he has been stopping in a couple of times a week to answer questions, which Mira has told me she has had plenty of!  Miller asked the Planning Commission to "work with" Ms. Broyles as she becomes more familiar with her position.

Commissioner Lu Barfknecht offered that, even when a person is hired for a part time job, it is typically full time as the person is trained in.  This, I believe, would have been a good way to go, but was dependent on the availability of Ms. Sandstrom, which was limited by that time, unfortunately.

I have found Mira to be a very pleasant person with a professional demeanor.  Stop in and introduce yourself if you are driving by.  Welcome her to the Township.  Be patient with her as she tries to serve you. Hopefully, she will be here for a long time to come.

OF IMPORTANCE:  As Clerk, Mira is empowered to hire a Deputy Clerk.  Supervisor Behrendt and Supervisor Budenski are aiding her in this respect, having passed on interview information with original applicants.  The hope is that one of those applicants might be interested in the assistant job, which pays up to $16.00/hr.  It would include night meetings, taking notes for the Planning Commission and writing their minutes for approval, in addition, I believe, to daytime office hours. Once a Deputy Clerk is hired, then permits can be handled more easily and so on.  The position of Clerk has been advertised in the newspaper, and the Deputy Clerk position may have to be as well, if no one "comes to the surface" soon.

If anyone out there missed the ad, is qualified and interested or might know of someone who is, might I suggest as a citizen, that you let the interest be known to Ms. Broyles?  We wish her luck in finding a suitable assistant.

PLANNING COMMISSION MEETING, JULY 7, 2014. BUSINESS AS USUAL?

On July 07, 2014, the Planning Commission held its monthly meeting and conducted the business of the Township.  As was stated in past blogs our longstanding Clerk/Treasurer, Nanett Sandstrom, resigned and over a period of time the Deputy Clerk, Linda Wilson, became the Township Clerk.  Linda Wilson resigned but agreed to stay on and train in our new Clerk, Barb North.  Barb North quit, Linda left and as of the Monday meeting the Township was without a Clerk.  Commissioner Cleminson agreed to take the minutes of the meeting and Commissioner Novacek indicated that anyone in the audience could offer to take minutes.

The Township Clerk is responsible for preparing the information packets for all of the Commissioners

a few days before the meeting for their preparation in addressing issues.  Because there was no Clerk, what information was given to the Commissioners by Chair Hansen was during the meeting, which made it difficult to address the printed agenda items. At the Town Board special meeting on July 1, Commissioner Novacek was asked by the Board to contact Commissioner Hansen and let him know of the partial Planning Commission agenda drawn up by the Clerk before she left. Commissioner Hansen was to have completed the agenda and have copies of the materials for the meeting.

Westwind School representatives came before the Commission requesting a "temporary building"

to be utilized as a classroom throughout the school year as plans for additional space and code issues

were in question regarding their building application.  The Township Commercial Building Inspector was present to discuss issues of concern. After consulting the ordinance and engaging in a discussion, the Commission agreed to pass the discussed concerns regarding a "temporary structure" on to the Board for further discussion with the Township attorney.

Alan Storlie came before the Commission for clarification regarding transfer of a building right and grandfathered lots.  Commissioner Jennings suggested the information Chair Hansen had be shared with all Commission members in order allow them to be a part of the discussion rather than the Chair having a "private conversation" with Mr. Storlie. Commissioners Jennings, Hansen and Barfknecht discussed the above information with Mr. Storlie utilizing the appropriate Township maps.  Commissioners Novacek and Cleminson did not participate. Mr. Storlie was not on the agenda which was Chair Hansen's responsibility in the absence of a Clerk. Commissioner Jennings suggested that Mr. Storlie be officially added to the agenda for the official recorded record. Mr. Storlie was asked to attend the Town Board meeting the following Monday for further discussion. 

A citizen spoke with Mr. Storlie when he was ready to leave the Town Hall to offer information regarding questions and concerns about his (Leine) properties.She had raised her hand prior to the end of the Commission discussion, Commissioner Hansen refused to allow her to speak. She spoke with Mr. Storlie because she had been the attorney liaison on the Town Board for the Leine issue in question. Supervisor Madden, the liaison to the Planning Commission, was quick and curt in stating "Mr. Chair, I am trying to concentrate on the meeting."  Chair Hansen (boisterously) stated "Yah well, you deal with her." Mr. Storlie and the citizen moved outside the meeting area. (Supervisor Madden added the incident to the Town Board agenda to be discussed. What was his point? Is he not aware that there is a Town Board input policy that addresses this?)

Living Waters Church representatives were present to discuss their permit application and address inspection issues. The Township Commercial Building Inspector weighed in on the discussion with comments regarding the Commercial Code and felt the application "looked good."  The permit application was reviewed and passed on to the Board for discussion and approval.

Town Board liaison, Supervisor Madden, reported to the Planning Commission. He stated that Mr. Joey Miller has a misunderstanding and that "everything was not going well with him, I don't think."  He reported that the Enright Airplane Hangar is "moving along, going well." "Most permits were passed; 2 were missing; we did not pass. The permits that did not go through were Joey Miller and Dan Adelmann." Supervisor Madden went on that the new on-site mailbox " has been installed and works. The address is being worked on. The clerk position is totally unknown. Might have one the end of the next 6 months, hopefully. I don't know but it is soon. Very qualified applicants." On the Power line update he said - "working on ditches and they (GRE) are making bigger problems than we had before. The signs have not come down yet and we are discussing keeping the bond as they are not cooperating with us." Road Contractor  "Otte is the new road contractor," Madden stated,"which............. No Comment." A question was asked as to what happened to the previous road contractor. Chair Hansen stated that the contract was up in July. He (Mark Henry) would not sign the new contract. Madden stated "I (Madden) know the reason, but it does not matter." They (Town Board) picked one of two applicants. IT Issues - Supervisor Madden  reported the Township " has computer problems, but Supervisor Behrendt is working on it." Then Chair Hansen asked what happened to the IT Company the Township had hired. Madden stated that "he had no idea; Cory (Supervisor Behrendt) is taking care of all of that."

Commissioner Jennings commented that copies of permits from the Building Inspector were to have been distributed to Planning Commission members by Supervisor Ceminsky ahead of the meeting.This did not happen. Liaison Madden stated, "I don't know; we had an idiot sitting in during the week (at the Town Hall). He does not have a key to the office or anything." (The issue is now resolved as the Town Board hired a Clerk at their July 14 meeting.)

Liaison Madden "wanted to pay the Town Board a compliment from him personally (for) trying to set things a little quieter with 'somebody,' because it really turned out well as some things that were being said were really outlandish."

Supervisor Novacek wanted to "discuss E-mail Protocol. E-mails normally go through the Clerk and are then distributed according to the policy." He stated that this had not been followed by Commissioner Jennings on Watershed information and he asked her why. (Is Commissioner Novacek setting up the "Gotcha Moment?")

Commissioner Jennings explained to Commissioner Novacek (about three times) that at the Round Table Meeting she had offered to reach out to Travis Thiel of the VRWJPO requesting information to be distributed to all Planning Commission members to utilize as they researched the possibility of the Township implementing and enforcing the VRWJPO Ordinance. Mr.Thiel indicated a web site link. Commissioner Jennings felt passing on the web site link was not a violation of any protocol or Open Meeting Law as it was an information request. At the Round Table Meeting, Chair Miller had approved and no one objected. Commissioner Jennings indicated that she was only doing homework on the Commission's behalf and resented Mr. Novacek's accusation of impropriety. He commended Commissioner Jennings on her abilities but "feels her ability is not always used in the way that he thinks is constructive. The e-mail is one of those." He felt the e-mail "was not sent as a mistake," but was a "willful, in your face, I am not going to follow policy and this is DANGEROUS!" (This is the same Commissioner who has in the past stated that he believes Eureka government is too intrusive and that citizens should be able to do what they want to.)

Commissioner Jennings stated that she had indicated at the Round Table Meeting that the Commission needed the documents to proceed in their research of the VRWJPO Ordinance. Supervisor Miller had supported her and asked for a copy.  She had tried to download documents that evening but there were IT problems during the Meeting and she was unable to do so. The following day Commissioner Jennings had contacted Travis Thiel and he sent the information link to her. She followed  the correct procedure and sent the information to the Town Hall to be distributed to all Commission members. The mailer-daemon returned the e-mail. (This reporter also sent an e-mail to the Town Hall and the e-mail request was returned stating " Auto-response. At this time we are unable to respond to e-mail messages until July 15." This was because there was no Clerk to respond to requests. In my opinion, Commissioner Jennings distributed the information to the Commissioners in the most appropriate manner available to her.) Commissioner Jennings explained to Novacek that she showed the returned e-mail to Supervisor Miller and that "he said it was okay to distribute given the circumstance." (Apparently, Commissioner Novacek could not let it go. He appeared to continue to badger Commissioner Jennings.) He stated, "the policy was made to prevent sending e-mails that are biased." (Why is sending a web site link biased?) Chair Hansen stated that it was "very plain and clear that e-mails were not to be sent without going through the Clerk. He stated he had documents that he wanted to distribute but he did not do that because there was no Clerk. "Instead I brung them with me tonight." Carrie stated that he had brought them but he did not distribute them to the Commission. Chair Hansen questioned why Mr. Miller had had a discussion with Commissioner Jennings and not with him as Commission Chair.

" Jerry Springer?"   "No it is a Township meeting."

Pressing on, Commissioner Novacek asked Commissioner Jennings, "so from now on are you saying you will send an e-mail to anyone you feel like or are you going to follow the policy?" (Novacek did not ask any other Commissioner if they were going to follow the policy. This exchange started to feel like an interrogation of Jennings.) Novacek said "again in the future are you going to follow policy?"  Supervisor Jennings asked Commissioner Novacek if he is the Chair stating "I do not feel that you have any authority greater than I do on this Planning Commission." Commmissioner     Novacek stated, "You do not have to answer if you don't want to."  Commissioner Jennings stated she would not answer.(Remember that "rabbit hole," Al, when you publicly and falsely accused Commissioner Barfknecht and Clerk Sandstrom of improprieties? See Blog, Alice (Al Is?) Down the Rabbit Hole? 10/06/2013?). Commissioner Novacek stated that he would like to make a motion. He was interrupted by loud laughter from Chair Hansen who then stated (sarcastically) to Commissioner Jennings, "I don't know if anyone has authority greater than yours."

anyone who has authority greater than yours." He then explained that" it is very plain and clear that e-mails need to go through the Clerk." Commissioner Jennings reminded him that "there is no Clerk." Chair Hansen raised his voice and admonished her stating "it would be very nice of you to let me finish."

VRWJPO ORDINANCE was discussed by the Commission.  Commissioner Jennings questioned the appropriateness of discussing the issue when they had not received information prior to the meeting. Because of this they were unable to come prepared and she suggested they table the agenda item until they had reviewed the information. Chair Hansen stated that "they" were tasked by the Board to do research to see how difficult or possible it is to "take this back." Commissioner Jennings asked for clarification for the record as to what "take this back" meant. Eureka had not adopted the ordinance at any point so there was nothing to "take back." Chair Hansen stated that he meant "policing" the Water Resource Management Ordinance. (Policing? Really? I thought the Township would do the review, permitting and enforcement.) Commissioner Jennings stated that she was a part of the Dakota County group who met with Mr. Dean Johnson to help develop the ordinance language. The Township declined to adopt the ordinance language.  Chair Hansen stated "let me make it real clear to you so you can understand it. At the Round Table Meeting, the Board asked us to be the researching body to do research on whether or not we (PC) should take this and adopt it." For clarification Commissioner Jennings reiterated "to adopt this ordinance." Chair Hansen stated " this the last time I am going to play the game with you." (In my opinion Commissioner Jennings was only asking for precise language to be reflected in the legal record of the meeting.)

Three of the Planning Commission members agreed to invite the current enforcement authority to attend a Planning Commission meeting to explain how the VRWJPO enforces the ordinance. Commissioner Novacek was opposed and Chair Hansen abstained.

Commissioner Cleminson made a motion and it was seconded by Commissioner Novacek. It was then agreed that Brian Watson, of the Soil and Water Conservation District, would also be invited to attend. This motion passed unanimously.

Commissioner Jennings suggested a deadline for the Commissioners to read the ordinance in preparation for their next discussion as the Commissioners cannot agree or disagree to enforce the ordinance if they have not read it. Chair Hansen stated "if you want to read it, read it. I don't think you have the authority to tell the rest of us to do anything with it." He then restated his position that he would not tell everyone they would have to read it;" they do not need a Mom." Chair Hansen then asked everyone to read the ordinance language.

The meeting was adjourned. (Following the meeting I heard Chair Hansen make a statement to Commissioner Jennings."Remember, you are not Chair anymore; you lost that vote." I left the meeting wondering if the Chair is frustrated perhaps because of a lack of command of the language or lack of knowledge regarding the issues. I wonder does he feel the need to diminish the knowledge that Commissioner Jennings has to share based on her relationship to and involvement on issues? In my opinion the treatment of Commissioner Jennings was childish, disrespectful, condescending and at times tinged with bullying and badgering. Perhaps knowledge, experience and preparation by some can only be recognized as arrogance by those with less knowledge and ability. Citizens have a right to attend meetings and observe business conducted with respect.)

A follow up note to ponder - Three Planning Commission members submitted complaints regarding Commissioner Jennings.  Coincidence? Was there a mutual meeting and discussion outside of public view to come to the conclusion that complaints were justified? Commissioner Barfknecht was not one of the complainants. A special meeting will be held by the Town Board to discuss the complaints with Commissioner Jennings present.

Information was gleaned from an Audio/visual taping. A CD copy of the meeting can be obtained from the now current Township Clerk.

ON THE ROAD AGAIN...

At a Special Town Board Meeting on July 1st, the Board hired Jason and Bryce Otte of Otte Excavating to be the new Road Contractors.

It seems Mark Henry of Henry's Excavating had declined to renew his contract after all, even though he was granted the job at the last regular Board meeting.  Mark had submitted the lowest quote among the three applicants.

It should be noted that, when dealing in quotes as opposed to bids, the Board is not bound by law to take the lowest responsible bidder.  Quotes can be used (only at certain money amounts) to allow greater flexibility and even negotiation among the applicants and the Board.  This flexibility has been an item of some divided discussion among Supervisors in the past.  Some prefer the quote; some the bid.  Once the amount of the contract rises to, I believe, $100,000, a bid must be used.

Both Ottes and Henry have been Road Contractors before for the Township.  Commissioner Charles "Butch" Hansen was the third entity to submit a quote.  It was stated at the meetings that Hansen did not own the equipment needed to do the job, but that he could procure it quickly if given the work. The Hansen quote was the highest rate per hour, based on a formula used by the Board since Jeff Otto, former Chair and Road Supervisor, devised it a few years ago. The formula weights the different items such as road grading vs. fallen tree removal by the percentage of the total job they constitute in a typical year. This gives a more realistic assessment for comparison, since the road bid or quote involves rates for a number of items, not just grading and snow plowing.

Since Henry bowed out, the Board elected to then consider the other two of the three original quotes submitted.  This happened at the Special Meeting and was posted as an agenda item.


As an attendee at the meeting, I felt the discussion of the "merits" of certain contractors was a little questionable, at best.  However, Chair Kenny Miller quoted the Minnesota Association of Townships Town Government Manual and reigned in what I also considered improper discussion based on what Supervisor Brian Budenski labeled and also objected to as "hearsay."  The Board must be very careful to follow law when considering such money matters. To do otherwise would be to open the Township to possible lawsuits.


One item of note that should be of interest to residents is the grading schedule.  This schedule was also

drawn up some years ago and has been attached to the road contract.  The schedule gives frequency of grading for our different roads based on their traffic levels.  At times, it has been alleged, that Road Contractors were held to strict adherence to the schedule, regardless of conditions such as whether the road was wet or dry, dust coated or not.  If a road is graded when dry, it has been described as "pushing marbles across the road," a process whereby the fines in the gravel can be blown away and lost and additional gravel application could be required.

If a road is dust coated, the goal would be to disturb the dust coating as little as possible and, if necessary, only when damp, so as not to greatly reduce its effectiveness.  This has been approached differently by various Road Supervisors.








The present philosophy stated at the meeting is that the grading schedule is a suggestion, the implementation of which will be directed by the Road Supervisors, currently Supervisors Behrendt and Budenski.  How it will be implemented will be at their discretion and based in part on road and weather conditions.  The
optimum is to keep the roads in the best shape possible at the lowest possible cost to taxpayers, not always an easy feat to accomplish, weather being what it is here. Since roads represent the biggest chunk of the Township budget by far, what happens with them is of direct impact to you as taxpayer and not just as traveler.

Keep in mind that any comments on the roads are to be directed to the current Road Supervisors, not past ones or the Road Contractors. The current Road Supervisors are the persons involved in overseeing the budget in this arena. Budenski's and Behrendt's numbers as found on the website are:

Cory Behrendt  952-985-5411    
Brian Budenski 952-292-6028

H 2 OHHHHHH!

At the Roundtable meeting between the Board and Commission, June 10th, the suggestion was made that the Planning Commission as a body take on the review of the Vermillion River Watershed Ordinance for possible adoption by the Township.  It was discussed that if it were to come to a VOTE by the Commission, at least one Commissioner felt right then and there that the point of view she espoused would just be voted down. (I think she would have a significant contribution to make.) At her comment, Board Chair Kenny Miller stated that it would not be a vote issue: the Commission, each Commissioner individually if desired, would report findings and opinions to the Board for its consideration.  If the Board intends to continue with this, I believe that having individuals submit their thoughts like this would be a good idea and that, further, these opinions should give the rationale supporting them.


This watershed issue has been a contentious matter in the Township in the past. (See previous posts and/or meeting minutes from 2008/2009.)  After public hearings and Township meetings during which opposition was fiercely expressed, the Board in place at the time (Yours Truly was on it) voted down adopting the Ordinance language, leaving those much more knowledgeable at the Vermillion River Watershed Joint Powers Organization (VRWJPO), such as watershed specialists and other technical folks, to administer that law. The law would still stand, it would be administered by the VRWJPO instead of by the Township.

The current Board has broached this topic briefly a number of times of late.  One Supervisor not at those earlier hearings and meetings who favors Eureka's adoption of the Ordinance stated saving the citizens money as his motivating factor.  However, any money or fees incurred, whether legal or engineering, etc., are to be borne by the applicant no matter who administers the Ordinance. So adopting the Ordinance wouldn't really change much in that respect.

Others have stated saving time for citizens as a reason.  However, since Watershed Specialist Travis Thiel has been responding to the Township regarding permitting issues in a timely manner, this no longer seems to be an issue either.  If there were to be a application more complex than the ones received to date, this would necessarily take more time regardless of administrator.  (OF NOTE: One Commissioner recently stated that all that is involved in the Watershed Ordinance is to make sure that soil erosion control and prevention measures are put in place. Not only is this grossly incorrect, but soil erosion control and prevention measures are not anything new, being required under the Ordinance already.

But let's get to the real crux of the matter: understanding the issues at hand.  One Commissioner at the Roundtable, Commissioner Jennings, said that she would strongly urge that Commissioners READ the Water Plan and Ordinance as part of their exploration of the topic, as many have not done that to date.  She stated that she has read the Plan and that it is a complex document. She should know as she holds a doctorate in geology and is familiar with such matters!

Let me relay a little story on this point.  Back when I was on the Planning Commission, when this whole topic first arose, I was sitting at the side table waiting for the Town Board Meeting to begin.  A fellow-Commissioner, now on the Board, came up and sat next to me.  When he saw that I had the new Water Plan open in front of me he asked, "You're not actually trying to read and understand that, are you?" I said I was surely going to give it a try since it was an important issue before the Commission and Board. This same person recently voted to have the Planning Commission look into the details.  I hope this time around he will actually read the documents and try to understand what is involved.  As with any ordinance, this affects people's lives and property; it's serious business.

My suggestion: not only should the Commission read the Water Plan and study the Ordinance, but that the Board should do so as well.

A former Board Chair loved to talk about "due diligence."  If the two bodies of officials are to accomplish their "due diligence" they must read the documents in question.  That's for starters...

Update after Planning Commission last night:  Commissioner Jennings asked Chair Hansen to direct the members to read the documents.  Hansen replied that he wasn't going to do so, that he had "no authority" to do so.  He said that if the others "wanted to read it, they could read it."  Jennings stated that it would be irresponsible to not read it.  Before he was done, Hansen asked the others to read the materials.  I guess he "has the authority" after all.


Jennings moved that the currently enforcing body (VRWJPO) be asked to come to a meeting and discuss the Ordinance with the Commission. Commissioner Cleminson seconded her motion.  The vote that followed had Jennings, Cleminson, and Barfknecht voting "yes."  Commissioner Novacek voted "no!" Chair Hansen abstained!  Why would anyone vote "no" on such a motion designed to inform?  Why would one "not have an opinion" (surely there was no conflict to trigger an abstention) and abstain from voting?  If you figure that one out, let me know.

Cleminson then moved to also invite Brian Watson of the SWCD to the meeting, even though he is not with the VRWJPO.  (Watson is involved with wetlands.) I forget who seconded that-maybe Novacek-but at least this time around the motion passed unanimously.

REAL--LY???

I'll admit it: my jaw dropped. Really. I was sitting at the June Planning Commission meeting near two other "ever-faithful" attendees when he said it.  The quorum that evening was made up of the three men on the Commission: Novacek, Cleminson, and Hansen. Before the group was a couple who had been trying since last fall, September, I believe, to get something done.  They had come across various stops and starts.  They were again before the Commission with their latest plan to be able to do what they wanted under the Ordinance.



During the discussion, one Commissioner made some comments I could hardly believe: "You're going to have to force this issue," he told the couple. "If you have split attorneys and a split Board in a sense...sometimes Fear runs the show." [Really? A Planning Commissioner who opines publicly that the Board must be afraid (at least sometimes) to do the right thing, to grant citizens what is theirs by law?  If I were on the Board, I would be deeply offended!] 
He went on, "You're going have to push it to make it happen.  I don't know how else to say that. My suggestion is force the issue, make it happen, have something to back up your stand before you get there (the upcoming Board meeting).  That's the Board's job- to make it happen for you, so don't feel bad about forcing the issue."

Gee, I always thought the Board's job was to enforce the Ordinances.  If one is entitled to receive something under the Ordinances and meets all the requirements, not only does the Board give it to him, they can't NOT give it to him!  FEAR has nothing whatever to do with it!  Enforcing the law does.  How does a Commissioner "help" a member of the public by stating such advice? Yes, an applicant should "have something to back up his stand," but to prove his point, not to instill fear in the elected officials.  Really.

It REALLY doesn't make much difference which Commissioner said it (Al Novacek), as the other two didn't contradict him in his assertion that "Fear sometimes runs the show." In fact, Hansen stated that Al's suggestion was " a good" one.  Cleminson had no comment that I remember, jotted down at the time, or can now discern from the disc recording..  Are we (the audience and the Township) to take this as the other two Commissioners agree that "Fear runs the show?"  That a majority of the current Planning Commission sees no problem with advising applicants thus? I wouldn't know what else to think.  As a former, respected Board Chair once said, "Silence is acquiescence."  I will tell you that this "outspoken" Commissioner has publicly made several statements before along the lines of his not liking ordinances, thinking Eureka would be better off without (any) ordinances, and that people should get to do "whatever they want" on their land.  Why would a Board appoint such a person as your Planning Commissioner? Planning Commissioners have an important duty working with and within the Ordinances.  Those laws have been passed properly, by public procedure, remember. Is this what we are getting for our tax dollars? Is this the best we can do?  Eureka Ordinances, Ordinance @, Chapter 3, pp 31-37  Note especially Section 6.


The one thing where I agreed with Commissioner Hansen was when he stated that Board liaison Behrendt's  suggestion of conferring with the BUILDING OFFICIAL as to what makes an addition part of the same building as a residence was a "good" suggestion. Without going into all the details, since a home occupation must be conducted within a residence under Eureka's laws, it would seem logical that the Building Inspector is best equipped to address this Code issue. Why a Planning Commission wouldn't understand this on their own, however, I can't figure out!  Really.


Giving what credit where credit is due, Hansen was willing to take the Board liaison's informed advice on this matter, even though, in my opinion, he seemed "unclear" as to why he should do so on an earlier matter at this same meeting.

I, for one, expect a lot more from public officials.  A certain level of professionalism for starters. Barfknecht and Jennings certainly provide that, I am happy to say.
As Hansen stated when he started the meeting: "The Commission is an information-gathering body.  We assist citizens in their application processes, answer any questions they might have, and prepare them for the Board meeting."  That all sounds great, but where does advising applicants that they "have to push...force" an issue because the "show" sometimes runs on "fear" come in? Is this "professional" advice?  Is this really what you expect to hear when you come before the Commission?  Eureka deserves more.


If you are a history buff (no one alive could be of that "certain age"), you might recognize this next picture as
the Virginia reel.

 

But maybe I should have made it the two-step. I do know my mind was reeling....