SYLVAN TOWNSHIP

TOWN BOARD OF SUPERVISORS MEETING MINUTES

JANUARY 02, 2014

Call to Order/Pledge of Allegiance/Roll Call: Chair Booth called the meeting to order at 7:00 PM and the Pledge of Allegiance was said. Those present: Supervisors John Wulff, Yvette Adelman-Dullinger, Greg Booth and Clerk Treasurer, Faith Broberg. Special guest: Attorney Steven Qualley. Excused Absences: Supervisors Roland Anderson and Lee Shade. Sign-In Sheet Attached.

Agenda: Supervisor Adelman-Dullinger moved to approve the amended agenda, seconded by Supervisor Wulff and the motion carried.

Chair Booth moved 4.2.1 up on the agenda so our Attorney does not have to stay for the entire meeting.

Verizon Wireless Telecommunications Application for a Conditional Use Permit Recommendation from Planning Commission after the Public Hearing -- the Township has received correspondence from Verizon Wireless which was passed on to our Attorney, Steven Qualley. Attorney Qualley explained the 60 day rule and made a recommendation to the Town Board to do a one-time 60 day extension. This extension allows both the Township and the applicant to do more research. The Board can then decide if they are going to take more comments from the residents and from the applicant. They can also decide when they want to bring this back to the table and with the extension can go up to the Board’s first meeting in March and still be within the 60 day time limit. Chair Booth read the Notice of Extension and called for a motion. Supervisor Adelman-Dullinger moved to accept the Notice of Extension for another 60 days for Verizon Wireless Communications seconded by Supervisor Wulff and the motion carried.

Directions to the Township Attorney – Chair Booth asked the Attorney to provide the Board with language from the Township’s Commercial Ordinance and Comprehensive Plan to support the Planning Commission’s recommendation. Attorney Qualley would like to give the Board an analysis giving the Board information for both options in approving or denying the application. The Board also decided to revisit this and have it on the February 6, 2014 agenda.

Clerk/Treasurer’s Report

Minutes – Reg. Board Meeting December 5, 2013 – Supervisor Wulff moved to approve the amended minutes, seconded by Supervisor Adelman-Dullinger and the motion carried.

December Financial Balances – Supervisor Wulff moved to table this to the Board’s next meeting January 16, 2014 seconded by Supervisor Adelman-Dullinger and the motion carried.

Authorize the Clerk to Transfer $10,000 from the Savings Account to the Checking Account – Supervisor Adelman-Dullinger moved to approve the Clerk moving $10,000 from the Savings Account to the Checking Account, seconded by Supervisor Wulff and the motion carried.

Public Input –

Deputy Mike Germain – Cass County Sheriff’s Office – reported some burglaries in the area and asks that residents report anything out of the ordinary.

Arlene Schmit – comments on the road conditions and a Board Member acting unprofessionally at the last meeting. She would like him to excuse himself from the position as Co-Road Authority. She feels that he did not speak appropriately and she wants it on record that this is how she feels. He needs to be here to do the job he is asked to do or excuse himself and take another position, especially in the winter time to take care of the roads.

Katie Lee – she had talked with the agent for the piece of property that is for sale across 24th Avenue – from the Town Hall. She discussed the process involved in going for a Contract for Deed. The Clerk had checked with the Minnesota Association of Township’s Attorney regarding Townships using a Contract for Deed to purchase land. The response from Kyle Hartnett, MAT Attorney, stated that the Township can go up to 5 years with a Contract for Deed. Katie is here to help in any way. The Board had made an offer of $35,000 on the parcel which was a split vote. The Board is also looking at property to the east of the Town Hall. She left an amortization sheet reflecting prices at 6.5% interest for 3 years and also the disclosures. There was discussion on the septic system and which party would pay for any work that might need to be done and she said this could be addressed in the Contract for Deed.

Jim Jones – MN Indian Affairs Council – Mr. Jones was not present. Chair Booth will check with him if he has any information for us regarding the Burial Mounds located in the Township.

Old Business/Reports -

Road Projects Report – Bryan Drown of Bolton and Menk was not present but had relayed a message that the plans for Pine Tree Lane SW are about 90% complete and he will present these plans at the Board’s next meeting January 16, 2014.

Road Supervisors Road Report – Co-Road Supervisor Wulff gave this report. We have had lots of snow so far this winter. He rode with the snow plow driver on Saturday afternoon. There was discussion on; the shoes on the plow, where the wing is located on the plow and any time you take a right hand turn the wing does not catch the snow/ice that comes off the blade and the wheels of the truck drive over it.

His recommendations:

1. Go out more often 2-4 inches.

2. Schedule grader w/blade next Thurs/Fri. supposed to warm up.

3. Ask Contractor to use the grader over here more often.

Golf Course Circle SW and Other Township Roads - conditions prevented clean plowing.

East Lake Ridge Road Cul du Sac – has trees in the cul du sac. There is no place to push the snow. Radius is too small for truck to navigate.

Hammerhead Turnaround 43rd Avenue SW – no place to push the snow.

Supervisor Wulff will contact Holmvig Excavating and have him put the wing back on the grader. When weather warms up the roads need a grader w/wing.

East Lake Ridge Road SW – Willie has a tandem axle

Jim has single axle –maybe he should do the East Lake Ridge Road cul du sac.

There was discussion on cutting back on the salt use, maybe just do railroad crossings and intersections.

Planning Commission -

PC Recommendation for Business Located at County Road 18 and State Hwy 210 – the Planning Commission would like the Board to send a letter to the owner of the property telling them to clean up the property, cease in the commercial operation or further action will be taken. Supervisor Adelman-Dullinger moved to accept the Planning Commission’s recommendation for the Board to write a letter to the owner of the property at Hwy 18 and State Hwy 210 business to cease and desist and clean up their property, seconded by Supervisor Wulff. It was discussed and decided on to put in the letter stipulating that if quitting the business then clean up should be completed by May 30, 2014. If he is keeping the business then he should come in within 30 days of receiving this letter to pick up a Commercial application. Letter should be sent to the renter and carbon copied to the owner. The question was call the motion carried.

Setting Comprehensive Plan Public Hearing – The Comprehensive Plan is ready for a public hearing. Supervisor Adelman-Dullinger moved to set the Public Hearing for Thursday, April 10, 2014 at 6:00 PM, seconded by Supervisor Wulff and the motion carried.

Reorganization Meeting –

Chair Booth handed the gavel over to Clerk Broberg to start this portion of the meeting.

Board Positions: the Clerk took nominations for the:

Chair –Greg Booth was nominated. Supervisor Wulff moved to appoint Greg Booth as Chair, seconded by Supervisor Adelman-Dullinger and the motion carried.

Vice Chair – Supervisor Wulff moved to appoint Lee Shade as Vice Chair, seconded by Supervisor Adelman-Dullinger and the motion carried.

Co-Road Supervisor – Supervisor Adelman-Dullinger moved to appoint Roland Anderson as Co-Road Supervisor, seconded by Supervisor Wulff and the motion carried with Supervisors Adelman-Dullinger and Wulff voting for and Chair Booth voting against. There was discussion on the difficulty of having a Supervisor gone for the major portion of the winter. The other Co-Road Supervisors work full time hours and Chair Booth has stepped forward to also assist during the winter months.

Co-Road Supervisor – Supervisor Adelman-Dullinger moved to appoint John Wulff as Co-Road Supervisor, seconded by John Wulff and the motion carried.

Co-Road Supervisor – Chair Booth moved to appoint Supervisor Adelman-Dullinger as a Co-Road Supervisor, seconded by Supervisor Wulff and the motion carried.

Planning Commission Liaison – Supervisor Wulff moved to appoint Supervisor Adelman-Dullinger as the Liaison to the Planning Commission, seconded by Chair Booth with Supervisor Adelman-Dullinger abstaining.

Park Representative – Supervisor Adelman-Dullinger moved to appoint Supervisor Anderson as the Park Representative, seconded by Supervisor Wulff and the motion carried.

Fire Representative – Supervisor Adelman-Dullinger moved to appoint Supervisor Shade as the Fire Representative, seconded by Supervisor Wulff and the motion carried.

Weed Supervisor – Supervisor Wulff moved to appoint Chair Booth as the Weed Supervisor, seconded by Supervisor Adelman-Dullinger and the motion carried.

Clerk –

Deputy Clerk – Clerk Broberg re-appointed Colleen Putnam as the Deputy Clerk.

Clerk Dispose of – Junk Mail – Supervisor Wulff moved to approve the Clerk disposing of junk mail, seconded by Supervisor Adelman-Dullinger and the motion carried.

Transfer of Interest on Savings Account – Supervisor Wulff moved to approve the Clerk moving the monthly interest in the Saving Account to the Checking

Account, seconded by Supervisor Adelman-Dullinger and the motion carried.

Identify –

Official Posting Places – Supervisor Wulff moved to keep the posting places the same – Pillsbury Plaza, Pillsbury Junction, Post Office, Corner Store Depot and the Township Website, seconded by Supervisor Adelman-Dullinger and the motion carried. Supervisor Wulff moved to add the Town Hall Bulletin Board outside, seconded by Adelman-Dullinger and the motion carried.

Official Depositories – Supervisor Wulff moved to designate Pine River State Bank and area banks as the Township’s official depositories, seconded by Supervisor Adelman-Dullinger and the motion carried.

Official Legal Paper – Supervisor Wulff moved to designate the Brainerd Daily Dispatch as the Township’s official paper, seconded by Supervisor Adelman-Dullinger and the motion carried.

Set Board Meetings for the Year – Supervisor Adelman-Dullinger moved to set the Board meeting for 2014 as the First and Third of the month except December which is just the first Thursday of the month, seconded by Supervisor Wulff and the motion carried.

Set Compensations –

Board Meetings – Supervisor Wulff moved to keep the compensation the same for the Board meetings, seconded by Supervisor Adelman-Dullinger and the motion carried.

Re-Convene Meetings – Supervisor Wulff moved that the Board members would get an hourly rate for re-convened meetings, seconded by Supervisor Adelman-Dullinger and the motion carried.

Clerks- Supervisor Wulff moved that the Clerks get paid for a full meeting for a re-convened meeting, seconded by Supervisor Adelman-Dullinger and the motion carried.

Board Hourly – After discussion Supervisor Adelman-Dullinger moved to raise the Board’s hourly rate to $18.00/hour, seconded by Chair Booth and the motion carried with Chair Booth and Supervisor Adelman-Dullinger voting for and Supervisor Wulff voting against.

Life Insurance –Board Members-Planning Commission and Employees – Supervisor Wulff moved to move up from the Bronze Plan $5,000 to the Silver Plan of $10,000, seconded by Supervisor Adelman-Dullinger and the motion carried.

Mileage Reimbursement – Supervisor Adelman-Dullinger moved to go with the IRS rate, seconded by Supervisor Wulff and the motion carried. As of Jan. 1, 2014 the IRS rate is .56 cents a mile.

Planning Commission Meetings –

PC Members and PC Chair– Supervisor Adelman-Dullinger moved to pay the PC Members $50/meeting and the PC Chair $60.00/meeting and their hourly $18.00, seconded by Supervisor Wulff and the motion carried.

Planning Commission Education, Site Visits & Mileage – the Town Board pays the Planning Commission for education seminars, site visits and mileage. Supervisor Wulff moved to maintain this, seconded by Supervisor Adelman-Dullinger and the motion carried.

Personnel Committee – Supervisor Wulff moved to keep Chair Booth and Vice Chair Shade as the Personnel Committee, seconded by Supervisor Adelman-Dullinger, and the motion carried.

Planning Commission Site Committee – Supervisor Wulff moved that whoever is available of the Board and/or Planning Commission, but not to form a quorum, seconded by Supervisor Adelman-Dullinger and the motion carried.

Legal Committee – Chair Booth moved to appoint Supervisor Shade and Chair Booth as the Legal Committee, seconded by Supervisor Wulff and the motion carried.

Other Township Business –

Correspondence – Transportation Bill – The Township received a letter from Gary Pederson, Executive Director of the Minnesota Association of Townships regarding the Transportation Bill that will come before the State House and Senate. This bill supports funding for roads and bridges and Mr. Pederson would like the Townships to submit a resolution supporting this Bill. The sample resolution was reviewed and Supervisor Wulff moved to approve 2014-01 supporting the Transportation Bill, seconded by Supervisor Adelman-Dullinger and the motion carried. Clerk Broberg will send copies to Minnesota Association of Townships and to Mark Anderson and Paul Gazelka.

Aquatic Invasive Species – Chair Booth received a letter asking Townships to contribute to this fund. This will be presented at the Annual Meeting in March.

Request for Installation of a Sign – a resident has requested that a signed be installed on 26th Avenue indicating where the public access is located. The Board has denied this request as it is not really a public access and access to the lake is provided by going up County Road 18 by Camp Confidence and is marked as such. A sign would suggest maintenance and it is not maintained.

Request for Donations – the Township has received two requests; one from Faith in Action and the other from the Cass County Fair Board in Pine River. These will be kept for the Town’s Annual Meeting in March.

Review of Claims – Supervisor Wulff moved to approve the Pre-Approved checks (12-19-2013) Payroll #20472 – 20474 in the amount of $2,072.28 plus claims #20475 – #20481 in the amount of $2,242.50 for a total of $4,3l4.78, seconded by Supervisor Adelman-Dullinger and the motion carried.