WHAT IS THE PROBLEM ANYWAY?

The September Board meeting stretched into two nights, ending at 11:45 pm Monday night and continuing for a few MORE hours on Tuesday evening. Part of the reason for this was the addition to the agenda of many items by "one or two" Supervisors, as I understand it. Some of these additions were what I would call "cryptic" in that it was very unclear by the one- or two-word addition where such items were intended to go. But more on that later...

One such item was the price of disc recording copies to the public. The discussion was to require/allow only one meeting per disc (wasteful) and Hansen proposed charging $20 per disc copy!
Having raised my hand and being graciously called on by Board Chair Tim Murphy, I came forward and gave the Board a short recap of the history of this whole matter. If you are a longer-time blog reader, you may recall that first certain Supervisors in the past, including Mark Ceminsky, tried to keep the public from even receiving these recordings. WRONG! was the opinion given by then-Township attorney Patrick Kelly. (Mr. Kelly practices municipal law and has been voted a "Super Lawyer" by his peers for years.) Then the attempt was made to charge more, again with Ceminsky's involvement. ARGUED AND WON for lesser amounts. There was also an attempt to have just one meeting per disc. Guess who? There is ample room on a disc for a whole month's meetings, including public hearings. I argued that one and thankfully good sense prevailed. There were enough Supervisors on the Board then to vote in favor of you, the people.

So now Hansen and Ceminsky try yet again! Ceminsky suggested that the public be invited to record the meetings themselves. HOW GENEROUS OF HIM! The public already has the RIGHT under Open Meeting Law to record meetings in any fashion it sees fit and the Board or Commission do not even have to be aware that the meeting is being recorded!!

I asked what is the difference if someone is present at the meeting recording or someone else in the Township can't make the meeting but would like a disc copy to hear the discussion? I suggested that the only reason I could see to proceed down Hansen's and Ceminsky's proposed route was to make it less convenient and more costly for citizens to stay informed!

Hansen hastened to declare that the citizens should receive the information, but proposed by motion that the cost be the afore-mentioned twenty bucks. Ridiculous! I reminded the Board that it is not allowed to make money on fees, which twenty dollars would surely do. Why would a Supervisor try to make a month's worth of meetings cost from $40 to $80 or more, depending on the month? Does this seem right to you? Hansen also wanted just one meeting per disc. Again, a ploy to make it more expensive? You might be interested to know that only a couple of people consistently ask for these copies right now. How pointed, in my opinion.

Ceminsky chimed in with "This has continued to be an issue." I whispered to a person next to me, "That is because he keeps MAKING it an issue!" Well, my goodness! One might have thought something really terrible and disturbing had just happened! Ceminsky very emphatically: "Mr. Chair, this has got to stop!" (He repeatedly says this when I speak. He and Hansen are visibly unhappy when Murphy calls on me and I offer information that no one on the Board has put forward on procedure or what-have-you. I just want to be sure for everyone's sake that things are fully understood. I would not be okay with just sitting there and not clarifying things when the Board hasn't acknowledged or pointed out the finer points of facts, proper procedure, etc. Believe me, I have waited many times as long as I felt I could.)

This very same reaction happened when Steve Madden was on the Board and I whispered something to the person ahead of me about Ceminsky's having called the attorney not once, not twice, but three times without even going through the proper channels to receive permission to do so. Madden loudly declared that there was a "disturbance" in the audience. Then-Chair Budenski stated (I believe tongue-in-cheek), "Disturbance? Disturbance? I must have missed it. What disturbance?" 

It was stated at the meeting that the only thing the Board is obligated to give the citizens is the approved, written minutes. This is incorrect. Under Data Practices Law anytime the Local Government Unit stores or retains data this falls under the law, even if the intent is to destroy the data later. (The discs are destroyed once the minutes are approved under Eureka's retention policy filed with the State.)

Finally Supervisor Lu Barfknecht moved that the cost per disc be continued at $5.00. Hansen said, "Per meeting?" Barfknecht said, "Per disc." Well, citizens, let it be known that her motion passed 3 to 2 with Ceminsky and Hansen voting "no." Are Ceminsky and Hansen looking out for your best interests? What ARE they looking out for? Do they not appreciate that this blog can state that what is reported here is backed up by the disc recording? No question in my mind.




Of note, when I was Chair of the Planning Commission for three years, I always called on anyone and everyone, including Hansen and Ceminsky, who raised his hand. This same practice has been followed by the Town Board. I have noticed that anyone else who has his hand raised at meetings is called on and no fuss is made by the "Tag Team." Sometimes people have just spoken without raising their hands, and no big deal is made about it. Sometimes others have whispered to each other at meetings and even louder making it hard to listen, but no big deal is made about that either.


MUST HAVE BEEN SOMETHING I SAID...?

"I HEAR THE TRAIN A-COMIN', IT'S ROLLIN' 'ROUND THE BEND..."

At the August Planning Commission meeting, a representative from Progressive Rail (PR) made an appearance before the Commissioners. The intent was to inform the Township about the company's plans that affect Eureka.

Many of you may know that the citizens of Lakeville have expressed their dissatisfaction many times about the (often longer-term) parking of railcars along Highway 50 and the nearby houses. Since the railroads are federally governed, going back to the post Civil War era, there really wasn't anything that the citizens of Lakeville, nor the city government of Lakeville could do to change that.

Well, brace yourselves, because now Progressive Rail plans to have this storage in Eureka Township! It presented the plan to add side rails in its rights-of-way north of Cedar Avenue and 250th St. W. It was my understanding that this area would end at 240th St. This would most likely entail the removal of trees. PR would park its idle cars on those side rails until they are needed and can be moved for use. Of course, the rep stated that their plans are to have these cars move a lot as they hope to have their business pick up. And also of course, there are no guarantees about any of that!

Members of the Commission and the Board present expressed their discontent with this plan. The Progressive Rail rep seemed to indicate that since these cars would be parked next to "your farm fields," he didn't see a problem exactly. He had intended to come before the Board at its August meeting as well, but now would be out-of-town. He said he could come to the September Board meeting. However, the grant application for this endeavor is due mid-September, so this didn't meet with much in the way of what I would call trust that anything would be any different or that there would remain enough time to change anything in the application before its submittal.

As a member of the audience that night and of the Planning Commission when Progressive Rail had other dealings with the Township, it seemed very clear to me that the rail company had no intention of changing any of its plans. And why would it?  It was simply doing "the courtesy" of a notification and it wasn't even obligated to do that. There is nothing that the Township can do to require them to change their plans.

At the Board's August meeting, Supervisor Hansen proposed the idea that Progressive Rail purchase the property northeast of the intersection of Highview and 225th St. W. and use that to park its idle cars. It was mentioned that the property is industrial property in AirLake Industrial Park. If it is the parcel I believe it is, that is NOT in the industrial park. It is zoned agricultural, as is the rest of Eureka.

Hansen mentioned a property near Cedar and 250th that could be affected by the cars under PR's plan. He stressed that if the train cars were stopped or stored there, they could block this property's driveway. The driveway is the only access to the property. This could pose a serious predicament as anyone can see, but I am not so sure that Progressive can do that.

A couple of questions were asked including can PR block a private resident's only access indefinitely or at all? No answer on that one.

Hansen asked the attorney what power the Township had to stop this. Lemmons answered, "None."
Hansen made an off-the-cuff comment that we have "the last president to thank" for this. I'm really not sure what he is talking about as the railroads have been federally regulated for way over a century-going on two pretty soon!

A point I would explore is whether it is even the Township's role to advocate for a change that may relieve some citizens  of the "burden" of the cars, but would necessarily subject others to it instead? How is that decided fairly? Who chooses who is who? Is one resident more important than another? Based on what?

A similar situation came up during my first term as a Commissioner. A citizen came before the officials asking that the Township advocate that a pipeline be rerouted away from that citizen's property. That citizen had a very solid reason for such a request, at least of the pipeline company. Of course, that would have meant that utility would then go by another person's property instead. At the time I commented that I was uncomfortable with Eureka as an entity advocating for one citizen over another. Ultimately, the citizen successfully accomplished the rerouting on his own behalf without any Township intervention. In this sort of situation, I believe that the government should seek public comment, especially from all affected parties. This would help it arrive at a better, informed decision consistent with the community's interests as a whole.

So in the current situation, I questioned the propriety of such a move now. For one thing, I asked, what if the owner of the property did not want to sell to PR?

WELLLLLL... Hansen rushed to say that he had already talked to the owner of the empty parcel about this! Some may think that is enterprising to do so, but what about the areas that then would be affected instead? Would you want your elected official to advocate for something unwanted by pretty much everybody to be moved near you to satisfy another resident or even to help a property owner sell his property for that matter, especially without your knowledge or opinion? Is that a proper role for a Board Supervisor? How about exploring further what is allowed by law and what isn't? It would seem unlikely that the railroad could or would even want to block a private driveway keeping someone from emergency care, don't you think?

Whether Progressive Rail would even consider such a move as spending money on a property when it isn't necessary since it already owns its rights-of-way, is open to question.

The Board designated two Supervisors, Murphy and Hansen to meet with the railroad representatives. Hansen reported at the September Planning Commission meeting that the two who actually went were Hansen and Ceminsky. Since this was a Board designation, I am not so sure it is kosher to change who is representing the Township in this outside of the Board designating again. The three of them should not decide this on their own in my opinion.

Hansen described the alternate affected area as reaching from the tracks from 240th all the way to the Lakeville line. The Vermillion River runs through a portion of this area. Depending on the influence of the River (the exact dimensions have not been discussed at this time), this could potentially affect the property values of a greater area of present and future homes than the area the railroad outlined. Have those property owners been contacted for their input, I wonder? If so, no mention has been made of it.

 The question of whose interests are really foremost crossed my mind. Again, I do not feel that the Township Board should step in as a representative body if the result is now someone else has to view the undesirable rail cars, at least not without a thorough airing of the subject publicly. Would YOU want to be that person that is now stuck with this? And this won't be going away anytime soon or perhaps even ever. 

It's too bad that the opportunity to seek public comment was not made available due to the short notice given by Progressive Rail in relation to its grant deadline of September 17th. The Board will be discussing this further at its meeting on Monday, September 10th.

"...And I'd let that lonesome whistle blow my blues away."

ED. YOU. KAY. SHUNNNNNNNN!!!!!

At the August Board meeting, a motion was made by Chair Tim Murphy concerning training sessions open to all Board Supervisors and Planning Commissioners. His purpose was to pre-approve the attendance costs for any and all members to go to any and even possibly all of the three sessions most recently sent in an email from Government Training Services (GTS).

GTS is a non-profit organization that has been around for a long time. It offers informative sessions with excellent, experienced presenters who are experts in various areas about which public officials need to be educated. I have personally attended many of these sessions and have found them to be of great help in understanding the jobs of Commissioner and Supervisor. They are instructive on issues of governmental law and function. I have always felt that without such exposure, what is essentially a local, amateur volunteer in a public office is apt to flounder and make errors along the learning curve. This is unacceptable. Those applying for or running for office have an obligation in my eyes to know what they are talking about and to correctly base all decisions on facts. Trainings such as these and those offered by the Minnesota Association of Townships and other organizations are vital to doing a good job and serving the Township as it should be served.

Do you know that there are Supervisors/Commissioners now and in the past who have NEVER taken even ONE such class? As a Supervisor I endeavored twice to make at least two sessions during a three-year term mandatory for all of Eureka's public officers. I failed both times as others on the Board shied away from the idea of "mandatory." Puzzling to me, but there you go. So there were and are still those who did not avail themselves of any training or any to speak of.

When Chair Murphy made his motion, both Supervisors Hansen and Ceminsky seemed to take issue with it. Being uncomfortable with a motion without a dollar amount was suggested as the reason to be against this suggestion. Now, really, even if all officers went to all sessions (Your Role As A Planning Commissioner, Basics of Planning and Zoning, and one about development) would that not be money well spent? Since the motion referenced only these three sessions, it was self-limiting anyway. Until attendance by whom and for which sessions in September would be decided, the dollar figure is not precise. In my mind and as expressed by two Supervisors (Palmquist and Barfknecht) and an audience member (not me) such opportunities are a very positive thing!

Eventually the motion passed with, I believe, an arbitrary cap on the money to be spent. Wonder WHO will actually go?? As a citizen, you can see that information if you look at how your tax money is spent. Such invoices would show up on the financial report.

Recently, I have witnessed and heard many things said at meetings that I believe are way off-base. Things such as two Supervisors pushing for Interim Use Permits (IUPs) to be passed at meetings for uses that are not even allowed! An IUP must involve a public hearing held by the Commission, followed by a recommendation, then and only then followed by a Board decision. The possible IUPs are limited by Ordinance.

Since these proposed uses were not even allowed under Eureka's IUPs, it would be necessary for such uses to go through a Text Amendment process started by the person or persons desiring them. That process also involves a public hearing, etc. If such a proposed amendment to the Ordinances were to be enacted, then that use would be eligible to exist anywhere in the Township-not just for the property of the amendment requester- but anywhere, maybe next door to YOU!

Acting as a legislative body, the Board is totally within its authority to deny such uses in text amendments simply because "We do not want that use in the Township." The courts tend to back up legislative decisions should there be a challenge. A Local Government Unit (LGU) can legislate as it sees fit as long as it is not less restrictive than County or States laws. The LGU can be more restrictive.

Now, if Supervisors don't take classes and try to do something that isn't quite kosher, they could at least learn from that mistake and not try to repeat it. I have seen the opposite occur at very recent public meetings. MAYBE because to do so takes an open mind and the understanding that the Supervisor doesn't know all there is. To know what one doesn't know is a valuable thing.





I have sometimes heard the argument put forth that it is "only common sense" that something be allowed. Fair enough, except if it isn't in the Ordinances, it isn't allowed. Where would we be if the Township just started allowing things simply because someone asked or someone advocates for the supplicant regardless of the interests of Eureka as a whole? The results could be problematic...

It is possible for an LGU to change an Ordinance to reflect a community's evolving sensibilities, but until an actual change is enacted, the Board must make its decisions based on the law in effect at the time of the request.

HERE'S THE SCOOP!

        August Town Board meeting on August 13, 2018.

     A Lakeville citizen approached the Planning Commission

on August 7 regarding purchasing 10 acres on County Road 86

for the purpose of constructing a business building of 

approximately 9,000 square feet to house their distribution of

items for agriculture producers.

     The items they distribute include farm aprons, pouches, totes,

belts, holsters, bags, boots, bibs and pants, children's gear, jackets,

breeding and vet gear, calf blankets and milking supplies.
(Information found on their web site.)

     The Planning Commission stated this is not a permitted use

and is not an agricultural service. They did indicate they could

possibly request a Conditional Use Permit and passed it onto 

the Town Board for discussion.

     Butch Hansen believes it falls under Agricultural Use.

The Ordinance definition of Agricultural Operations is:

"Operations operating for profit which include, but not

limited to, the cultivation, growing, harvesting and processing

of any agricultural commodity, including horticulture and

timber, the raising of livestock, fur-bearing animals, fish or

poultry; or any commercial agricultural practice

performed as incidental to or in conjunction with such

operations, including preparation for market, delivery to

storage, to market, or to carriers for transportation to market".

(I do not see the storage of aprons, holsters, bags, pants etc 

included in this definition).

     Butch Hansen stated "It is an allowed usage under a

Conditional Use Permit."  PC Chair Fredlund disagreed stating,
"A Conditional Use Permit is allowed for Agricultural Services."

Butch Hansen stated "This is an Agricultural Service."

Commissioner Funk indicated that it is a warehouse for storing

merchandise. Butch stated "They manufacture it there."

(I have seen nothing to indicate this statement is accurate.)

Hansen stated, "People are doing the exact same thing all over
the Township." 

The Ordinance states, "Agricultural  service is permitted

as a Conditional Use. Agricultural Service is described as

establishments primarily engaged in performing agricultural

or horticultural services on a fee or contract bases."

(I do not see where a warehouse utilized for storage of aprons,

holsters, pants, children's gear, jackets and sleeves, holsters and

bib pants is an Agricultural Service on a fee or contract

basis. (Mr. Hansen, if you do not have access to an Ordinance

book, please request a copy from the Town Hall.)

     Butch Hansen felt the Board needed to discuss the issue.

     Mark Ceminsky stated "The Statute under Agriculture allows

that even if you only have one acre, that if you are doing things

that provide to an Agricultural industry or supporting Agriculture,

it does not matter if you repair tractors or whatever you are allowed

under the Agricultural State Statute." (Not sure where this incoherent

statement by Mark was pulled from).

     Under the Ordinance definition of Agriculture: "The use of land

for the production of farm crops as well as for the raising of

livestock."

     Under the Ordinance definition of Commercial Agriculture:

"The exclusive use of ten (10) or more contiguous acres of

land for the production of field crops, livestock products,

or livestock, not counting one acre for homestead." (It then

goes on to define the above. I did not notice any reference to

aprons, bib pants, children's gear etc.) 

     (This would not be a permitted Accessory Structure.) The

Ordinance states, "There can be no Accessory Structure without

a Principal Structure existing on the same parcel."

     Commissioner Larson stated she felt the Planning Commission's

hands are tied when they do not have access to the Township attorney.

Chair Murphy stated "The Attorney prefers to have questions from

the Planning Commission Chair in writing rather than coming to the

meetings." He also stated "If the Planning Commission would

like to have the Attorney attend a specific meeting, they can 

request his presence."

(In the past, the Attorney attended the Planning Commission meetings

which makes sense because citizens' questions can be answered

or their permit requests can be addressed, recommended for approval or

turned down at the Planning Commission meeting. Possibly

saving the citizens another fruitless meeting).

     A citizen reminded the Board Supervisors that Agricultural

Services such as tractor repair and machinery repair is a service.

Products such as aprons, bib pants etc. are  NOT a service

for a fee or on a contract basis.

(The Attorney remained silent on this issue. Why???

This seems to be a time at a meeting when an attorney 

with expertise in municipal law needs to weigh in

to educate the Board and the Planning Commission.

Supervisors and Planning Commissioners have

a responsibility to reference the facts before making 

definitive statements.")

(Imagine if the Township issued Conditional Use Permits

willy nilly to anyone who would like to utilize

10 acres, or more or less, as storage for manufactured 

products or even worse, manufacturing, anyplace in

an agriculturally zoned Township.")

(If previous Planning Commissioners and Board Supervisors
have made mistakes in the past, current members are
not obligated to make the same mistakes, nor should they.)

 

     

The information is taken from
the August 13 meeting CD.  My
opinions are indicated in italics.

PERSOID METEOR SHOWER AND DRONES!

     On August 14, a
citizen in the Northwest corner of

Eureka Township stepped outside to view the Persoid 

meteor shower around 10:30 p.m.

     When he looked south, he noticed a drone hovering roughly

 1/2 mile or so from his location. It was a bright light, relatively

stationary for 20 minutes or longer. As a licensed drone pilot, he 

was very aware that flying drones at night is against FAA

regulations (unless you're law enforcement and have a waiver).

     When the incident was mentioned to another resident in the same

area, she mentioned that several nights before, when she was sitting

on the deck late at night, she noticed a drone passing over a 

neighbor's house. The light was bright enough to reflect off the

house.

     This is ILLEGAL activity. Call 911 if you see one. You will not hear

it unless it is right over you.

WAIT FOR IT, W-A-I-T FOR IT...!!!

Recently, on July 26, I attended the Roundtable meeting between the Town Board and the Planning Commission. The purpose of this meeting/workshop is the chance for the Board and the Commission to go over ground rules, bring everybody up to snuff on the issues of government, and ask questions about areas of concern.

Some issues that the two bodies received information on were:

The statutory requirements for sending a letter to let an applicant know that his application is incomplete.


How this letter affects the 60-Day Rule.


What is a legislative action by the Board and how this is viewed by the courts as a rule.

What is a quasi-judicial action by the Board and how this is viewed differently by the courts. The reason this type of decision goes to court more often.

Why Finding of Facts (for IUPs and CUPs for example) is perhaps best left to the attorney as it is a legal document and one that the attorney is familiar with and able to produce quickly. Why it makes more sense to delegate this finding to the attorney with PC and TB final approval than to leave it up to what is essentially a group of volunteers with no legal training. That the omission of even one fact could be crucial if something is challenged and goes to court.


What is meant by the "Finding of Facts." They are facts (not opinions) based on the Ordinance, not a "vote" from the public hearing on how many were for or against the IUP or CUP application being reviewed. (Commissioner Novacek spoke and seemed to think that it is the case that something is granted, at least in part, on whether the neighbors are okay with it or not. The reasons someone may be for or against something are what is important. If based on the Ordinance and what it allows or doesn't allow, that's one thing. Just because they don't like it or, conversely, they are willing to live next to it should not enter into quasi-judicial decisions.)

When a question arose about publishing notices in Eureka's official newspaper since the free copies do not go out "automatically" any more, the two bodies were reminded that this is a statutory requirement for public hearings. The idea put forth by Hansen that "We already send postcards" is probably not sufficient and probably does not reach the statutory requirement. The suggestion was made that the attorney be asked about how the Township can meet the requirement in today's situation.



Do these seem like important subjects to you? I think they are!

NOW....

Let me tell you how this information came up during that meeting.

Before the meeting, Butch Hansen mutters to Chair Tim Murphy that "we don't take comment from the audience at this meeting" or words very close to that.

Guess what? I was the only member of the audience!

Once the meeting started, I sat quietly listening to the discussion. When I first raised my hand just to offer some of the above important information, Hansen says, "I thought we all agreed that we weren't going to take audience comment!" (Or words very close to that.)

I said, "Even when it is informative?" And, "No, Butch, that was just you before the meeting talking to Tim." (There was NO discussion of this by the Board. Where does he get "we all agreed" from? Once again, said with such authority!!)

Then Mark Ceminsky chimes in with what I saw as negativity towards my offering information. I indicated that if I were a former male Board member sitting there saying that Mark wouldn't have any problem with it.

Next, Al Novacek chimed in with something else negative. Big surprise.

Chair Murphy called on me anyway, apparently to Hansen's "discomfort." Murphy asked him if he (Murphy) were in charge as the Chair or not. Hansen told him he actually was not. !!!

The next time I raised my hand and was called on by Chair Murphy, I prefaced my comment with, "At the risk of offering information..." After that the threesome stopped giving me grief about trying to help them out, but I don't think they were too happy.



What would give a sole audience member the "audacity" to offer all this information? 

Being a former Board Supervisor, a former Planning Commissioner and Chair, and a member of various task forces, I mentioned these points as I thought they were important, helpful, and would be welcome. After all, no one else was raising these points.

In the normal course of things, one might think Hansen, Ceminsky, and Novacek would be appreciative of such important information to help prevent them from breaking laws, help enable them to meet requirements, and assist in keeping the Township out of legal jeopardy.

That's what I would want any supervisor/commissioner to do: Inform himself. Especially since these three persons perhaps have gone to one information session/training seminar amongst all three of them!!!! What do you think your supervisors/commissioners should do?

Yes, this is an excellent reason for each and every one of you to be engaged in your local government and be informed!

PERHAPS IT WILL FLY THIS TIME!!!!!!!

Remember the previous blog in which the "Mysterious"
non-conforming registration was discussed during the
June, 2018, Town Board meeting?  Ms. Petter was
present and stated, "This is about me." The registration
was for Farm Tours.
                                     
During the July 9, 2018, Town Board
meeting, Supervisor Ceminsky once
again introduced the "mystery"
non-conforming registration which
he stated appeared on his doorstep
and also fell into the hands of Supervisor
Hansen at the Town Hall.

The "mystery" registration does not have the
original Township stamp on it as every other registration in the
non-conforming registration book of "accepted"
registrations from 2005. (The official Township stamp is red.)

There is no record, including the minutes, which verifies
the acceptance of a non-conforming registration for
Fur-Ever Wild OR Farm Tours for Ms. Petter.  An original
cannot be located.

As indicated in the previous blog, Chair Murphy was absent from
the meeting due to a pre-planned vacation in Europe.
Supervisors Ceminsky, Barfknecht, Hansen and Palmquist were
present. Hansen was acting Chair.

Ceminsky insisted ALL non-conforming registrations were
accepted in  "one sweeping motion." (In my research I did 
not find this to be accurate. Citizens can review past minutes
from 2004 and 2005.)

Ceminsky made a motion to ACCEPT the "mysterious"
registration. Hansen seconded the motion.

Ceminsky's argument was that "when he went back to the minutes
the document was nowhere to be found." "Years ago it could not
be found." "It showed up this year at his door and in an envelope
at the Town Hall." (It is rather perplexing to me that the person 
who dropped off the application at Ceminsky's and delivered
an envelope to the Town Hall has not been identified or come
forward. If this registration is an issue, why hasn't
the owner of the "mystery" registration approached the Town
Board represented by an attorney to resolve it instead of 
dropping the registration mysteriously on a Supervisor's doorstep?)

Ceminsky stated, "It is a photocopy and the original is missing." He stated,
"We as a Township are going to get into trouble because of
missing documents." "Have no choice but to accept a photocopy
of what was done." (My thought: So now the Township
should accept ALL mystery copies of non-conforming
registrations because the Township might get in trouble??
LINE UP FOLKS??  I find this rather offensive and an

invitation for law suits.)

Attorney Lemmons reminded the Board that Ms. Petter admitted
to the Judge under oath at a Hearing that she did not complete
and submit a non-conforming registration because she said
she was told she did not have to.

Supervisor Barfknecht stated that the minutes specifically state
those who have actually registered and the Treasurer's Report
indicates those who registered and paid the $50 fee.
A Fur-Ever Wild registration is not in the records.
When the documents "miraculously" appeared, Supervisor
Barfknecht and the Attorney both reviewed the non-
conforming registration book and every other document in the book
had the original RED Township stamp on it. The application
for Fur-Ever Wild was the ONLY ONE THAT DID NOT!
At that time Supervisor Barfknecht's opinion was that
the application was fabricated. Whiteout marks could be
seen on it.

Hansen stated that he was on the Planning Commission when all
"this came down." "It should be easy enough to figure out how it
got to where it is." He feels things "miraculously appear and
disappear in this Township." "The color of the stamp does not
mean a whole lot to me." "It does not matter to me how the document
appeared." Need to talk about "is it legit or isn't it." Hansen stated,
"Attorney Lemmons encouraged the Township to put this to rest."

A citizen asked "can the Board, by motion without a Public
Hearing pass a motion that has to do with zoning where they
are approving a non-conforming use that was not approved at
the time as far as the Township records go?"

Mr. Hansen asked,"Can the Board now accept the registration as a
legal non-conforming use."

Attorney Lemmons: No, the deadline passed 13 years ago.


Hansen asked,"Can the Board determine if the registration
was actually filed and can be recognized as a file application based
on previous testimony and minutes."

Attorney Lemmons: The Court has already decided the issue.

Ceminsky stated, "They should talk
 with Planning Commission
and Board members at the time
 of the non-conforming registration.
(My opinion: This was 13 years ago.
Perhaps difficult to remember facts
that can possibly be litigated).

Once again Supervisor Palmquist was a voice of reason
and stated that he would like to review ALL documents/facts
before any decisions are made.

Ceminsky withdrew his motion, the issue was tabled and will be
discussed at a future date.

Ceminsky stated, "I introduced the registration because I am
getting tired of all of this." (My opinion: Perhaps after 
13 years and expenditures of Tax $$$$$$'s, citizens are tired
of it also. 
Why push what seems to be an obvious agenda.? It seems that
the Township would have to hire an attorney to sort this out. 
More TAX $$$$$$'s.

During the discussion, I believe either 
Ceminsky or Hansen mentioned that 21 others could possibly
be missing. If this is accurate, why the focus on JUST this
registration in particular.?) 

   



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Information for this blog was taken
from the July 9, Town Board
meeting CD.  For more detailed
information, a CD can be purchased
from the Township for $5.00.