with comparisons and a brief history when appropriate; while at times reflecting back on 2013.
Eureka, as a Dakota County Township, has broad powers to enact ordinances. Zoning ordinances regulate land use. Non-zoning ordinances control activities that protect the health, safety and welfare of the community.
The Town Board consists of five supervisors who are assigned specific responsibilities at the Annual Reorganizational Meetings.
In my opinion, it would be a shame if any one Supervisor would use the position to embellish and self-promote. All powers and duties of the Township are exclusively vested in and exercised by the Board of Supervisors. The five Planning Commission members, appointed by the Town Board, act at the direction of the Board to encourage sound, harmonious growth of the community while avoiding errors and waste resulting from unplanned and uncoordinated development.
I reviewed the Eureka Town Board minutes when writing this report. The current Clerk was unable to locate the May 2014 Town Board minutes completed by a past Clerk.
HIGHLIGHTS
AGRITOURISM: In April of 2013, Terri Petter withdrew her agritourism text amendment application. During the April Town Board meeting, Supervisor Ceminsky made a motion and Supervisor Storlie seconded the motion to ask the Planning Commission to look at possible agritourism ordinance language and what uses might work.
July 2013 Town Board Meeting: The Planning Commission recommended the formation of a task force. Ignoring the recommendation, Supervisor Ceminsky made a motion to send the proposed definition of Agricultural Operations as well as the proposed definition for agricultural tourism on
to the Planning Commission to have a public hearing. He recommended to change the hours of operation on Sundays and to allow on street parking on one side of the road. The motion was seconded by Supervisor Storlie. (
Imagine allowing an agritourism ordinance with permitted uses void of performance standards, based on definitions only and not allowing further discussion or input from Eureka
citizens).
September 2013 Town Board Meeting: The Planning Commission liaison reported that they were making a recommendation not to proceed with the language which was currently written based on citizen concerns as well as attorney comments based on a need for a definition of agritourism and some kind of guideline that landowners and future Boards can follow. An new ordinance which is very clear was recommended. The Board agreed unanimously to form an agritourism task force of six members.
Over a period of about one and a half years and an expenditure of thousands of dollars on an open house, mailings, attorney fees, TDKA Planner fees, numerous Task Force meetings and a special meeting, it was then determined by the majority of the Board at the February 2014 meeting, that the language which was presented to the Town Board was not appropriate for a Public Hearing.
Supervisor Ceminsky moved to dismiss the agritourism land use concept. Supervisor Budenski seconded the motion and it was passed unanimously.
At one point during this period, Supervisor Ceminsky publicly attempted to censure a former Board and Planning Commission member for sharing experience on time frames and recommended procedures for a task force to study and propose an ordinance, because no such realistic guidance was provided by the Board.
It appeared Supervisor Ceminsky obviously did not want the Task Force to do a thorough job in the aftermath of the pathetically shallow and wide open language he and Chair Storlie had first offered; that had been heavily criticized by several former Board members. (My opinion).
EUREKA WEB SITE AND IT ISSUES: Supervisor Behrendt offered his IT expertise to the Township to revamp the Web site, address and correct IT issues and donate new office equipment. Supervisor Ceminsky expressed concerns regarding Supervisor Behrendt having access to information on the computer even though he had been overseen by the Clerk and was not working with sensitive information. Planning Commissioners Hansen and Novacek and Supervisor Ceminsky indicated the Township should purchase new equipment rather than accept the offer of donated new equipment from Supervisor Behrendt. As a result the Township contracted with Buds and Bytes to work on the website updates and pending IT issues. New office equipment will be purchased as needed.
Thank you, Supervisor Behrendt, for trying to save the Township thousands of dollars.
OLD TOWN HALL PROPERTY: The Town Board approved a Vacant Land Purchase Agreement by Martin and Atina Diffley in the amount of $28,000.
BUILDING INSPECTOR: Scott Qualle (
MnSPECT) was our previous Building Inspector and
in my opinion was very fair, professional and competent. When Scott Qualle's contract was
soon to end, Supervisor Storlie asked to have an RFP sent out asking for quotes from other building inspectors. The
ONLY response was submitted by Scott Qualle of MnSPECT. Supervisors Storlie and Ceminsky suggested the deadline be extended. MnSPECT was the only building inspector who then submitted a quote that fulfilled the two years' requirement of the Request For Proposal (RFP). Darrel Gilmer submitted a hand written agreement for a 90 day contract with an option to extend.
Without opening and reviewing Mr. Qualle's proposal, Chair Storlie recommended to contract with Darrel Gilmer as the new Township Building Inspector.
MR. QUALLE was qualified to do
BOTH Commercial and Residential inspections. The Township then had to contract with a Commercial Building Inspector as Darrel Gilmer could only inspect residential. The Township Commercial Building Inspector is Gary Staber.
MAIL DELIVERY: The Town Board directed the Clerk to complete the process to officially change the Town Hall address from a Post Office Box to a street address. The mail is now delivered to the Town Hall.
TOWNSHIP NEWSLETTER: The Newsletter is now delivered electronically. Please make arrangements with the Township Clerk to receive it.
VRWJPO: At the February 20, 2014, Board meeting, Supervisor Ceminsky recommended the Township take over the administration of the VRWJPO (Vermillion River Watershed Joint Powers Organization)
permitting process. It was felt by some that the Eureka Town Board does not have the staff, knowledge and expertise to make decisions regarding the Watershed requirements.
In my opinion the Township currently has difficulties reviewing and issuing permits allowed in the Eureka Ordinances and there seems to be very serious issues with enforcing the ordinances.
Even though the Town Board Supervisors did not
unanimously agree to take over the administration of the VRWJPO permitting process (Supervisors Budenski and Behrendt disagreed stating the process was very complex), the Township took over the administration of the permitting process on March 1, 2015.
DATA PRACTICES POLICY: Under the direction of Chair Storlie, Supervisor Ceminsky made a motion to immediately erase all CD recordings of the Planning Commission and Town Board meetings after the approval of the minutes. This was
already in existence in the Township retention policy filed with the State. Supervisor Madden seconded the motion. Only recordings retained by a motion would be made available to the public. Nancy Sauber reminded the Board of the Data Practices Policy and the right of citizens to have access to the CD recordings as public information as long as they are in existence. The Township attorney agreed that CD recordings must be made available to the public until after the minutes have been approved and the CD destroyed.
ROAD HAUL ORDINANCE: The concept of a Road Haul Ordinance was suggested by the then Road Contractor, Mark Henry. A former Town Board Supervisor and Road Supervisor handed over to the
Planning Commission his reworked 90% complete Road Haul Ordinance draft.
This was the incomplete road haul ordinance Supervisor Ceminsky moved forward with. A road haul work group was formed to develop enforceable language which would cover damage to the Township roads and set parameters on allowed haul roads. The Group, consisting of Fritz Frana, Jeff Otto and Butch Hansen, worked very hard to develop the ordinance language which was submitted to the Board. At the March, 2013, Board meeting, the Supervisors supported accepting the Group's recommendation that the Township establish an ordinance regulating road right of way and large utility projects which would affect Township roads. Application and fees schedule form were developed by the work group.
TRANSFER OF BUILDING RIGHTS(TBR): At the July 2012 Town Board meeting, Butch Hansen asked if the Planning Commission could research the possibility of a Transfer of Building Rights Ordinance. Nancy Sauber, Phil Cleminson, Butch Hansen Alan Novacek and Jeff Otto were appointed to a committee to study the feasibility of transferring building rights within the Township. Much work was invested in the process and language was prepared by the Committee with guidance of the Township attorney and Sherri Buss of TKDA. A public hearing was held in July 2013. Jeff Otto then informed the Board of a couple of updates and the Town Board approved the language
.
TBR ordinance language was sent to the Met Council and, after approval, was published in the Township legal paper on August of 2013, and adopted on September 2013. Jeff Otto was asked to write a procedure for the Zoning Administrator to follow for the TBR. On January of 2014, the Board thanked Jeff Otto for all the time he and the Committee devoted to the TBR project. The Town Board approved the transfer of a building right in 2014.
TOWN HALL MAINTENANCE: At the December, 2012, Board meeting, Beaver Creek Companies, owned by Supervisor Ceminsky, was authorized to make repairs on the Town Hall and heating system. Supervisor Ceminsky was approved to do up to $5,000 for the calendar year. No hourly wage was set. His first job was changing light bulbs which was traditionally done by volunteers.
COMPENSATION FOR TOWN HALL MAINTENANCE JANUARY 2013 THROUGH JANUARY 2014: Supervisor Ceminsky, owner of Beaver Creek Companies, submitted claims for maintenance totalling
$7,751.09.
DAMAGES TO TOWNSHIP ROADS. It is the intent of the Township to hold the Dakota Electric Association, Great River Energy (GRE)
/CAPX2020 accountable for damages to the Township roads under their permit. The Township attorney arranged a meeting with GRE to address monies owed for road damage. As of date, there is pending litigation against GRE.
Unfortunately, additional costs to the Township tax payers will occur and it is possible that the Township will not recover the money owed.
ROAD COMMITTEE: Past Chair Storlie strongly recommended a Road Committee even though the Town Board members and the Planning Commission members conduct their annual road inspections scheduled at different times throughout the year. The Town Board assigns two road inspectors at the Reorganizational Meeting every year to work with the road contractor and citizens to make certain road work is completed as needed. The Township
ONLY has 35-40 miles of road way.
In 2012 a five-member Road Committee was in place. If minutes were submitted by the Committee, they were not on the web site. In 2013 a Road Committee was once again recommended. It was difficult to get citizens to volunteer. In 2014 Chair Hansen of the Planning Commission stated he knew residents who were interested in volunteering on a Road Committee. Chair Hansen was instructed to provide a list to the Town Board.
I was unable to find any information stating there was a follow-through on this issue.
TOWN HALL STORAGE BUILDING: Planning Commission Chair, Butch Hansen, offered to act as the general contractor of the construction of a Town Hall storage building. In 2013 Supervisor Ceminsky made a motion to approve a 36 x 36 foot storage building. Chair Storlie second the motion. There was one dissenting vote.
At the November Board meeting Supervisor Ceminsky moved to accept the quotes submitted by Butch Hansen and the motion was second by Chair Storlie. A citizen at the meeting asked Butch Hansen if he had two quotes for each facet of the building process. Hansen stated he had a hard time getting anyone to do the work. The project was completed
nearly a year behind schedule with very little oversight.
I reviewed the file at the Town Hall. I was unable to find competing quotes for the various facets of work to be performed. The construction schedule that was to be posted on the building was in the file. The Building Inspector had to remind Chair Hansen at a Town Board meeting that he needed to ask for inspections. I did not find a construction schedule and work to be completed deadline. Chair Hansen did not ask to be compensated for the work he volunteered to do. (I did find a claim submitted by Chair Hansen on 8-12-2014 for his work performed on the Town Hall building). However, on future projects, I feel it might be wise for the Township to have a written contract with a general contractor and pay the contractor for their work. How many people in this Township now have keys to this facility which stores sensitive documents?
200% RULE: In 2013 Supervisor Ceminsky made a motion to direct the Planning Commission to hold a Public Hearing to change zoning on the 200% rule to 25% impervious surface on 10 acres or less. The motion was seconded by Chair Storlie .Over a period of time, there was negative response on the 25% impervious surface.
Supervisor Ceminsky then actively worked to change
the
size of accessory use structures allowed for personal use to a building that is related to the parcel
size. Under the new rule, for example, a two-acre parcel can have the
equivalent of 12.5 two-car garages and a six-acre parcel could have
the equivalent of 25 two-car garages! Under this new rule, Supervisor Ceminsky was the first citizen to apply for a permit.
MILEAGE COMPENSATION: Mileage reimbursement is paid at the Federal Mileage rate of around .55 per mile. Traditionally, Planning Commission and Town Board road supervisors have not asked the Township for mileage reimbursement; although they are entitled to do so.
TOWN BOARD SUPERVISOR MILEAGE COMPENSATION MARCH 2013 THROUGH APRIL 2014:
Supervisor Ceminsky $2,094.47 plus $898.72 mileage and supplies
Supervisor Storlie $121.32
Supervisor Madden $11.53
Supervisor Miller $40.68
Supervisor Behrendt No mileage submitted for payment
Supervisor Budenski No mileage submitted for payment
Road Supervisors appointed in March Reorganization Meeting are Supervisor Behrendt and Supervisor Budenski.
TOWN BOARD SUPERVISOR COMPENSATION: Town Board Supervisor compensation is at the rate of $80 per meeting and the Town Board Chair is $90 per meeting. Liaison to the Planning Commission meeting is paid $50 per meeting. Compensation for Supervisors attending a special meeting is $70 per meeting. Road Supervisors are paid $70 for road inspections (Chair Storlie raised the fee from $25 to $70; nearly tripled).
Traditionally, road supervisors did not charge for inspections. At the June 2012 Town Board meeting, Supervisor Storlie suggested that if
two meetings were held in one evening, members
SHOULD BE PAID FOR EACH MEETING. The policy at the time required the Board members to be compensated for one meeting time. This suggestion was not acted on.
It would be unfortunate if a Supervisor utilized his position to micro-manage the Building Inspector and Road Contractor to claim near daily inspections at the Town expense. This would not be a great way to show confidence in and build trust with key contractors who have been good to the Township and quick to fix issues. (My opinion).
PLANNING COMMISSIONER COMPENSATION: Compensation for Planning Commission members is $60 per meeting and $70 per meeting for the Chair. Compensation for the liaison to the Town Board meetings is $50. Compensation for Planning Commissioners to attend a special meeting is $70.
COMPENSATION FOR TOWN BOARD SUPERVISORS MARCH 2013 THROUGH DECEMBER 2014:
Supervisor Budenski $4,662.90
Supervisor Ceminsky $16,521.49
Supervisor Madden $4,373.06
Supervisor Miller $4,663.06
Supervisor Storlie $3,855. 56 (term ended 3-2014)
Supervisor Behrendt $1,357.54 (term begin 4-2014)
ORDINANCE ENFORCEMENT: Township ordinance enforcement is complaint related. In the past, if the complaint is valid, constituted an ordinance violation, and the complaint would be investigated by two Town Board Supervisors. Under the direction of Chair Storlie, the policy was changed after there was a complaint against Supervisor Ceminsky. Chair Storlie, by himself, investigated the complaint which he deemed invalid..
I strongly urge the Board to revisit the Complaint Policy in 2015.
PAY OFF OF THE TOWN HALL LOAN: At the March 12, 2013, Annual Meeting, a motion was made by Butch Hansen and second by Phil Cleminson to pay the balance owed on the Town Hall. Supervisor Budenski suggested at the Town Board regular meeting to pay off the loan. At the April 8, 2013, Town Board meeting, the entire Board voted to pay the balance of $74, 015.93 owed on the Town Hall.
THE ANNUAL MEETING 2014:
At the April 14,2014, Town Board meeting, a former Board member reminded the current Board of the incompetency of the financial reporting at the Annual Meeting under the chairmanship of Supervisor Storlie.
Three fourths of the questions related to the budget could not be answered. There was a $46,000 error related to the pay-off of the Town Hall loan which the Board did not recognize. The Board did not make any attempt to correct or resolve errors at that time stating they would have to look into it.
Was it possible that no one looked at their 12 month budget reviews??
The next Annual meeting will be held on
MARCH 10, 2015, AT 8:15 IN THE EUREKA TOWN HALL. Under the direction of Chair Miller and Vice-Chair Behrendt, I look forward to a thorough and complete presentation.
PLEASE ATTEND THE ANNUAL MEETING WHERE THE
LEVY WILL BE DETERMINED!
Jennings also mentioned that township supervisors were told at their county-wide meeting that ordinance work for solar energy farms is an area for townships to consider. Although some might argue that they do not see such power sources as financially viable at present, it is always better to be prepared ahead of time than to try to "fix things" afterward.
The Township, as the approving body on Ag Preserve requests, is responsible for ensuring that land to be approved under the program does not exceed "tolerable erosion." Since there is a tax break for 
