Chairman Glen Williamson called the meeting to order at 7:30 p.m. with the Pledge of Allegiance.  Also present:  Supervisors Gary Vink and Mike McCullen, Treasurer Patrice Winfield, Clerk Paul Raymond, and Eldon and Marjorie Schmedeke.

Paul read the record of the November meeting.  Garyclarified the record that he was not proposing closing off the chimney pipe to prevent flies.  Paul amended this.  Eldon said it is Dave Steven, from Pine Co., not Steiben.  Steiben retired a couple of years ago.  This was amended.  With these corrections, Mike moved to approve the record;Gary seconded.

OLD BUSINESS:  Duncan Road:  We had some bills and claims that Road Manager Mark Pallow gaveGary, with some information on what roads the work was done on.  Duane Glienke put in a culvert onNorth Duncan Road; Hopkins Gravel put gravel onN. Duncan Road and some on roads with FEMA-covered flood damage; Little Falls Machine billed for grader parts.   Because we could not determine how much of the work is on thePete Anderson Range Line Road, and how much to deduct from FEMA, we will wait until the January, 2012 meeting to get a report from Mark.

Pete Anderson Road:  Eldon asked for the floor to speak to the Supervisors about the conditions on thePete Anderson Road and to show photographs.  There is a washout about 1 foot deep.  Mark lowered a culvert but it is too small, only 18”.  He said the culvert Arna put in was 32”.  Eldon said he has no complaints about the work Mark has done, only that the culvert is too small.

State MAT Conference:  Glen thanked the Board for sending him to the Arrowwood conference.  He said there was so much information, especially on conflict of interest issues with elected officers.  He said there were 310 officers from 60 counties and 154 townships inMinnesota.  Other topics were Board of Equalization training for Supervisors; year-end reports; bond financing; taxing; wind energy.  They awarded $1,000 scholarships to 4Minnesota teens.  They urged more officers to attend the District MAT Conference.  Glen said it is very important that township officers attend trainings so we are aware of our duties and responsibilities.  Ignorance of the law is not defensible, and other townships have been sued.

Road Sign Retroreflectivity Requirements:  By January 22, 2012, the Board must implement a method to maintain federal and state minimum levels of retroreflectivity for Wilma road signs.  We have until January, 22, 2015 to replace any warning or ground-mounted guide signs, if we have any, and until January 22, 2018 to make any changes in our road signs.   We have to make a plan for how we will comply with the requirements and what method we will use to assess reflectivity.  We can choose the visual assessment method to see how reflective our signs are.  There was a discussion of who has jurisdiction over and ownership of the road signs in our township, us or the County.  The County has purchased and put up the road signs as part of the 911 program, and they have replaced damaged road signs.   All the stop-signs are at intersections with County roads, so we believe they own these signs.  Minimum-maintenance signs are ours.  Glen directed Paul to designate allWilmaTownship signs on the township road map we make for the gas-tax report by the January meeting.  Also for him to find out from theCountyEngineers who owns what signs in Wilma.

Storm-damage tree removal:  Glen said Kari Holter said they were very pleased with the progress on Little Tamarack Lake Road.  Mike said he is almost done, except for chipping.  He wanted clarity on the issue of the township wood pile.  He said inArnaTownship when people want wood from the blowdown, they are asked to help cut and load the wood and they get some delivered to their homes.  Mike said he got a letter from Paul saying he didn’t want to do a similar deal with Mike because he said it wouldn’t be fair to other township citizens.  Unlike Arna, our township FEMA contract states that the salvaged timber belongs to the township for the fair and equitable distribution to interested citizens, after the people who own land next to the right-of-ways have an opportunity to claim their wood if they want it.  Mike said Paul told him it was because of no insurance that he didn’t want to work for wood.    Paul confirmed he said this.  Mike said Paul wrote the contract.  Paul said it was in a conference-call with our attorney, Robert Ruppe and Chairman Glen Williamson, but it is part of his duty as an officer to look out for the interests of all the citizens, and to do what is fair and right.   Paul said that the timeline of the salvage wood issue goes back to September 13, when Mike told him after fire training that he had volunteered his land to FEMA for a staging area, when he still thought that Wilma would get the contract and be able to do the work.  He told Paul then that he got to keep all of the wood because it was on his land.  Paul said he told Mike then that that wouldn’t work, with so many people in our town who burn wood.  FEMA Rep Mike Fedoruk said the town could designate any staging area that was not in a wetland.  Paul said we could have had the wood staged at the town hall, or on Joe’s or Glienke’s land.  Glen said that at the State MAT Conference he spent a lot of time one-on-one with the township attorneys going over the whole issue of conflict of interest and township officers.  Glen said they said that NO officer can receive any property from the township while they are in office, which would include any of the township wood.  He said we need to notify other township citizens that they can take wood if they need it.  Mike said he has to have waivers or affidavits that he will not be responsible or liable for anyone coming on his land.  Paul gave him one when he came to get wood; he came 2 or 3 times.  Paul said this was after a month had past since we published the notice in the Courier and the Evergreen that people can claim wood salvaged from their rights-of-way land, and the township wood-pile was public knowledge from the meetings and on the website.  Only Eldon claimed any wood.  Mike asked if it would be a conflict if he brought some firewood to his father’s place for maple-syrup making in the spring.  Glen said he has no authority to enforce any conflict-of-interest issues except as one-third of the voting board.  If someone wants to make motions, they can vote.  The Board directed Paul to post and publish a notice about the availability of the wood, with instructions to contact the Clerk for the waiver and location, and restrictions on what pile is Wilma’s.

Township tape-recorder:  Paul indicated that the digital recorder the board told him to buy was being used in the meeting.   The records must be retained and are public records. Gary asked if this meant that meetings will be streamed on our website or transcribed.  Paul said he will only use the recordings if there is a question about the written record.  He still relies on his written minutes. The recordings will be put on CD’s and retained.

NEW BUSINESS:  Township CD’s:  Patrice said a CD is coming due, for a total of $5,123.  Mike moved to authorize Patrice to roll-over the CD.Gary seconded.

Absentee Ballot Election Board:  Glen said at the MAT Conference they said that counties will not handle absentee ballots for township elections, and we need to appoint a three-member board of trained judges to count and record absentee ballots.  Paul said there is a resolution in the Township News that he inserted “Wilma” into and the names of our proposed election judges:  Toni Williamson, Patrice Winfield, and Barb Smith. Glen read the resolution and moved that the town board adopt it. Gary seconded.  Passed.  Mike moved that these same three judges be appointed to serve for the March 13 election. Gary seconded.  Passed.

TREASURER’S REPORT AND CLAIMS:  Patrice gave the Treasurer’s report and the December Claims:

Mark Pallow (expenses)                                       $        243.25

Paul Raymond (expenses)                                               58.45

Joe Vink (expenses)                                                         75.00

MATIT (Workers’ Comp Premium)                              526.00

Duane Glienke                                                               250.00

Little Falls Machine                                                       126.68

Glen Williamson (expenses/MAT Conference)              412.70

Patrice Winfield (expenses)                                              10.00

Couri-Ruppe Attorneys (FEMA Consultations)            840.00

HopkinsSand and Gravel                                         10,491.96

Eggan’s Bulk Service                                                  1,157.80

The Evergreen                                                                  26.25

ECE                                                                                 47.86

Mike McCullen                                                                33.97

Paul Raymond                                                               120.76

Joe Vink                                                                        141.52

Glen Williamson                                                            237.06

Gary Vink                                                                      323.14

Patrice Winfield                                                               94.35

Mark Pallow                                                                  519.40

Total Bills   $             15,736.15

Garymoved to approve the Treasurer’s Report, to pay all the claims, and to transfer $16,000 from savings into checking.   Glen seconded. Garymoved to adjourn the meeting; Glen seconded.  Meeting adjourned at 9:35 p.m.

Paul Raymond, Clerk


Wilma Township Board of Supervisors’ Meeting, November 2, 2011

Wilma Township Board of Supervisors’ Meeting, November 2, 2011

Chairman Glen Williamson called the meeting to order at 7:30 p.m. with the Pledge of Allegiance.  Also present were Supervisors Gary Vink and Mike McCullen, Treasurer Patrice Winfield, Clerk Paul Raymond, Grader Operator Mark Pallow, and County Coordinator/Engineer Mark LeBrun, County Commissioner Steve Chaffee, Eldon and Marjorie Schmedeke, Joe Vink, Toni Williamson  and Steve Menth.

Paul read the record of the October Board Meeting.  Patrice asked that Jenn Nelson be substituted for Patrice Winfield in the record as Paul had Patrice twice.  Mike questioned the term “emergency board meeting,” for his meeting with Gary to survey the road damage.  Paul said anytime two supervisors meet, it is a meeting, no matter what you call it, and the time-frame Mike described made this an emergency board meeting. Gary moved to accept the minutes; Mike seconded.   Paul read the record of the Special Town Board Meeting on October 12th.  Glen asked that the statement from our Township Attorney Robert Ruppe on October 10, 2011 be included in the record as read at the meeting:  “MN Stat. 471.81 Subd. 1 states that any contracts entered into between the Town Board and a Supervisor that did not follow the statutory conflict of interest procedures is considered ‘void.’  As a matter of law, because the Town Board did not follow the required conflict of interest procedures the contract entered into last week with Mike is void.  With regard to the threatened lawsuit, Mike would not be able to win any lawsuit filed against the Township because the contract voted upon at the last meeting is void.”  With this addition, Glen moved to approve the record; Gary seconded.

County Commissioner Steve Chaffee and County Coordinator Mark LeBrun took the floor to answer questions about the condition and repairs on Co. Road 141, the Duxbury Road east of Duxbury.   Gary asked them about the report in the paper that the County bought a portion of land from Robert Jensen to allow Bruce Greenly access to Schmedeke Lane.  Gary asked if the Board had approved this.  Mark LeBrun said they had tried to work out an exchange with Bob Jensen but without success.  This purchase will help avoid any future road issues.

County Road 141:  Mike said the biggest issue is the bridge is still too low, although it was raised a few years ago.  It was under water at least 3 times in the past year.  Gary said the real problem is with Keene Creek.  It is so crooked with curves that water backs up and actually flows backwards to cover the road.  He said the Army Corps of Engineers would have to approve straightening out the river so it flows directly into the Tamarack River.  Eldon asked is there any other road in the County as bad as 141?  He said neither Wilma nor Arna Townships have done anything to remedy the problem.  He has had his car stall trying to get through the flood.  The bridge was finished in 2000; they raised the road on one side but not on the other.  Eldon said he has paid over $30,000 in taxes to the county, and he can’t get out when it rains. Someone could get injured or drown on this road. A load of gravel costs about $100, he said, and the County could get the road raised for about $4,000; he pays that much in taxes in one year.

Mark LeBrun said the road is a county road and the Townships are not  responsible and have no authority or fix it.   Mark said that Steiben has 3,000 miles of County roads he is responsible for, but he did come out here last summer and did some repair on the road.  It’s in the best shape now it’s ever been, even though the bridge issue still needs to be addressed.  Joe asked why the bridge cost so much, and how much more did it cost because of the sod on the side of the road that Eldon demanded?  Eldon said this was a federal project.  LeBrun said the County will work on the frost boils this spring and will determine what more they need to do.

Glen asked why the pavement stopped at the Duxbury Store and never went further east? LeBrun said Co. Road 30 is a state-aid road, and 141 is only a County road and must depend on property taxes.  Mike said it would have been great if 141 and the Cloverton Road could have been paved; all three towns would be connected by paved roads.  Eldon said paving 141 was the plan originally, but the people out here didn’t want it.  LeBrun said the state-aid program was set up in the 1950’s and doesn’t always make sense, why some roads are included and some not.  Joe said it is not true that the townspeople weren’t for paving 141.  Paulson was the CountyEngineer at that time and all the bridges on Co. Road 25 were condemned, and Paulson used the state-aid money to pay for the bridges on 25.  141 was going to get the funds next, but then the state passed a law that you couldn’t swap state-aid road money, so there was no funding for 141.

Steve Chaffee thanked the board for inviting them to the Board Meeting; he said it is always good to see how townships operate.  He said Eldon has some good points.  He has confidence in Dave Steiben and Mark LeBrun.  The County will do something for Co. Road 141.  Dave did what  he could do last summer, and hopefully they will be able to do more this coming spring and summer.  Steve said dirt roads in the County have improved a lot over what they used to be.  Joe said 141 used to have water 4 feet deep from one hill to the other.  Mike remembers riding an air-boat across the flood.  Eldon said 141 has been a problem for 100 years, and needs to be fixed.

LeBrun asked questions about the status of our FEMA funds for tree removal.  He said in future emergencies like that, that we should call them to come in to help.  Steve’s number is 320-980-2023 and Mark LeBrun is 320-591-1621.  Mike said there is a big push to get the trees out of the rights-of-way before the snowplows have to go through; when the trees are covered in snow it will be a serious hazard.

Eldon asked about the radio tower.  Mike said it is up.  Eldon said we still don’t have cell-phone coverage out here.  Mark LeBrun said the state is putting up the 800 megawatt radio system towers here and at Kerrick and we will have radios by spring.  Possibly a cell-phone transmitter could be put on the towers, and the whole county would have cell-phone service.

OLD BUSINESS:  Danforth Township Billing:  Mark Pallow talked with Jason Palme and he explained the bill; our half is $2,230.  Gary asked if the back-hoe is included in the bill.  Mike moved to pay the bill; Gary seconded.  Passed.

Special Board Meeting:  Glen said the special meeting we had for the FEMA contract was necessary to make a wrong situation right.  Now we don’t have to be looking over our shoulders, that we acted illegally or unethically.

Wilma Fall Fest:  We had nearly 75 people here on October 22.  The hall was packed. Barry and the Hoot Owls played.  The board has received many positive comments.  Toni said we had 25 sponsors who provided prizes, and  many people from other towns attended.  Glen asked if we can do anything to keep the flies out; he and Toni cleaned the hall and dead flies covered the floor.  Gary said we’d need to seal the chimney pipe off.

Water Tank for Fire Department:  The tank is buried and has already been filled with 4,000 gallons of water.  It will hold 15,000 gallons when it is full.

North Duncan Road:  Hopkins Gravel will be there Friday morning at 7:30 to haul gravel in. Glen said the FEMA tree removal needs to do the high-priority roads first so the grader can get in.  Little Tamarack Lake Road and North Duncan Roads are high priorities.  Mike said he completed Short Road today.  The town will devote $7,000 of gravel and grading on the North Duncan Road.  We also have $6,000 in FEMA funds for our flood-damaged roads.  It is a 75/25 deal between the Federal Govt. and the State.  FEMA pays the state 75% of the money and the state will eventually pay Wilma.  The contract is in Washington now, getting approved.  Nothing is guaranteed.  Mike moved that we hire Hopkins Gravel to haul the gravel for the flood damage FEMA has said they will pay for.  Gary seconded.  Passed. Mike said we need to keep good track of any gravel or grading done on the FEMA projects, so we can give an accounting to the State and to FEMA.  Mark Pallow got a copy of the FEMA agreement with Wilma and will keep records of how the money is spent.

FEMA Wood:  Paul said the contract for Road Work Services between the Township and Fudally Tackle states that “MN Stat. 160 allows residents to claim the wood that is removed from Wilma rights-of-way next to their land.  Any remaining usable timber shall remain the property of the Town of Wilma for the fair and equitable distribution to interested township citizens.”  Mike is maintaining a separate pile from the township wood that he says is his.  Mike said he paid the DNR $24 to get all the wood on the Short Road, and this road had more damaged trees than any other in our township.  He said 90% of the downed wood in the town is poplar.

Old Graders:  Mark had the grader weighed.  It weighs 28,666 pounds.  He said he had offer from Kukuk to pay $1,500 for the grader for scrap, about $80/ton.  Mark said there is nothing we can sell for parts.  Joe said he is interested in buying either or both graders and will give $1,500 each.  Mike moved to sell Joe Vink the two graders for $1,500 each.  Glen seconded. Gary abstained.  Passed.

NEW BUSINESS:  U.S. Census Report:  Glen got the 2011 Government Units Survey from the Census Dept.  It is due November 11.  Paul said he has filled it out in the past, and Glen gave it to him.

Homestead Credits:  Paul passed out copies of the County report on the Homestead Credits taxpayers used to get.  Homesteaders will still get the credits, but it will not be offset by the State, but by other taxpayers.

Training and Conferences:  Glen said he would like to move that board members be allowed to use their discretion on attending Short Courses or Township Officers’ Meetings or training, and not always need a new vote by the board.  Gary said he still thinks we should vote on it every time.  Paul said there are some meetings we have always attended, the Spring and Summer Short Courses and the twice yearly County Township Officers meetings.  Special trainings or conferences like the MAT State Conference could still be approved as they come up.  No action was taken.

Snowplowing:  Today is the deadline for fees. Patrice has a number of payments and will make a list for Mark and Frank Rehberger.

Smoky the Bear Sign:  Paul got a call from the DNR asking if anyone had information on the missing Smoky the Bear sign that used to hang at the corner of  Co. Road 24 and 25.   The DNR recently replaced the State Forest sign and Paul thought they took the Smoky sign for repainting then, but they said it blew down in the storm and then later disappeared.

Treasurer’s Report and Bills:  Patrice gave the Treasurer’s Report (attached).  Bills were presented:

Purple Pumper                                                     $          130.00

Pine Co. Courier                                                                45.12

ECE                                                                                   52.77

Patrice Winfield (expenses and internet)                            30.01 

Fall Fest (Toni Williamson, for the band and exp.)                   442.05

MAT Fall Conference for Glen                                                  245.00

Mark Pallow (expenses)                                                   113.19

Paul Raymond (mileage/expenses)                                     77.66

Mark Pallow                                                                    283.76     

Jenn Nelson                                                                                 28.30

Patrice Winfield                                                                 83.02

Gary Vink                                                                        128.08

Glen Williamson                                                              216.42

Joe Vink                                                                            28.30

Paul Raymond                                                                 367.96

Danforth Township                                                       2,230.00

Mike McCullen                                                                  67.94


                  TOTAL BILLS              $       4,569.58


Mike moved to pay the bills and to transfer $4,600 from savings to checking, and to approve the Treasurer’s Report.  Gary seconded.  Passed.

Gary moved to adjourn the meeting; Mike seconded.  Meeting adjourned at 9:30 p.m.

                                               Paul Raymond, Clerk




Wilma Township will be removing trees from Township Roads from the July 1 windstorm.  Property owners are entitled to trees cut next to their property.

Call Clerk for the staging location and dates that trees can be claimed:  320-245-2579, or pluther@localnet.com

                                                 Paul Raymond, Clerk



          Chairman Glen Williamson called the meeting to order at 7:30 p.m. with the Pledge of Allegiance.  The meeting had been called to discuss the  contract with FEMA for the removal of trees and debris from the July 1st storm and the subcontract of the work by Wilma, and the conflict of interest issue that came up at the regular meeting last week.  Also present were Supervisors Mike McCullen and Gary Vink, Clerk Paul Raymond, and Eldon and Marg Schmedeke, Mark Pallow, Shawn McCullen, Toni Williamson, Duane Glienke, Brendan McKeon and Danielle Greasley. 

          Glen stated that according to MN Stat. 471.81, any contract entered into between the Town Board and a Supervisor that did not follow the statutory conflict of interest procedures is considered void.  Glen said that the vote last week was invalid and void because the board did not follow the procedures of the resolution and affidavit for conflict of interest. 

          Mike asked Paul to read the minutes from the September 7th Board Meeting regarding his meetings with FEMA.  The minutes read:  “Mike said he got a last minute call a few weeks ago about  a FEMA meeting for compensation for the wind storm July 1.  He registered the Duxbury Volunteer Fire Department and Wilma Township to be eligible for federal funds.  Mike said there will be another meeting tomorrow, Sept. 8, in Pine City, and he will represent both the fire department and the town.”  Mike said he did his best to keep the board informed and felt he was sent by the board to represent the town. 

          Mike read MN Stat. 365.37 which states that “A Supervisor may not be a party to or have a direct or indirect interest in a contract made or payment voted on by the Township Board.  Violation is a misdemeanor and the Supervisor must leave office if convicted.”  The exception is covered by MN Stat. 471.88, that this does not apply if the Board adopts a resolution stating the facts and that the price is lower than can get elsewhere, and an Affidavit is filed by the interested Supervisor stating his interest, his price, and that the price is lower than can get elsewhere.  Mike said Arna is desperately trying to find contractors to do their cleanup, and that he could not find any other contractors who were willing to do the work.  Glen asked Mike if he had asked Duane Glienke?  Gary said that after the storm he asked Duane if he was available to help with the emergency cleanup to clear trees and debris off the roads, and that Duane said he was too busy.  Duane confirmed this. 

          Brendan McKeon asked to speak.  He is a legal consultant for the Republican Party and for Representative Chip Cravik.  He said both Glen and Mike have very valid points.  He said that last week’s vote could be validated if the resolution is passed and the affidavit is signed.  Glen said that Mike was not specified to sign a contract for the Township when he was sent to PineCity.  Mike said he always intended for Wilma Township to get the contract with FEMA and that the Township would do the work.  Glen said that at the Sept. 22 meeting, Mike found out that FEMA would not pay the township for labor, so he put in a bid for his own company, Fudally Tackle, and he had 12 days to schedule a special Town Board meeting to get approval for this and to file the appropriate affidavits.  

          Paul asked if the Board had had the resolution and affidavit last week at the meeting, would the vote to award the contract to Fudally Tackle have been legal and appropriate?  Glen said he would not take questions from the floor. Mike said he will ask the question, “Would that have made it legal?”  Glen said Mike could have gotten quotes from other interested parties.  Mike said there are no other contractors that he was aware of who were free to do the work, as witnessed by Arna’s desperation to find contractors.  Mike said that with the time pressure, with winter coming and the possibility of snow, and with hunting season coming, he had to act quickly.  Plus the FEMA representatives were in a hurry to get the contracts signed and to move on to other disasters. He said he has never called a special meeting, and asked Gary if he has ever heard of a special meeting being called in Wilma Township.  Gary said no. 

          Eldon said that if there is any way that this can be fixed and made legally compliant, that he hopes and prays that Mike can be awarded the work.  He said he has great respect for Mike and believes that he is an honest man and board member.  He pleaded with the board not to fight and argue with each other but to work out a solution to get this work done right. 

          Mike asked for Gary’s input.  Gary said “Let’s sign the papers and get it done with; it has already taken too much Board time.” 

          Duane said that he is interested in bidding.  Mike asked him why he hasn’t bid on any of the work in Arna?  Duane said he is not interested in working in Arna.  Gary said he thought Duane wasn’t interested in Wilma’s work because Duane was too busy in July when Gary asked him to help.  Mike asked how the Board could get a fair quote when his bid is public knowledge and has been published?  Glen asked Duane if he knows what Mike’s quote was.  Duane said he didn’t.  Paul said Mark told him that he did tell Duane the total price of Mike’s bid.  Glen said we can’t get a fair quote now that the figure is public knowledge.  Mike said he bid within FEMA’s guidelines.  Glen asked, “How can we make this right?” 

          Mike said any contract between $25,000 and $100,000 may be awarded by sealed bids or by negotiation, with two or more quotes when possible, but does not have to comply with competitive bidding laws.  Mike said both FEMA Rep. Mike Fedoruk and Mike’s attorney believe his actions were legal. Mike presented a letter from his attorney, Kenneth J. Jacobs, stating that “Mike made full disclosure of his position on the Board and that it was his company that was serving as the private contractor, and FEMA approved this after this full disclosure.  Once the Affidavit is filed and proof of liability insurance has been provided, you have a legally binding obligation to fulfill the FEMA contract as authorized by the Township Board at the Oct. 5 meeting.  Any actions taken by you or financial investment in reliance on the Board’s approval of this contract would entitle you to damages if there is any act by the Wilma Township Board to interfere with this contract.”  

          Glen said that Mike Fedoruk told him that in his 15 years with FEMA that he has never had a case where a public official signed a FEMA contract that would profit him personally.  Mike said that Fedoruk did know and did approve of his deal.

                    Toni asked how two Supervisors could be aware of this arrangement and the Clerk and the Treasurer, but that the Chairman not be informed?  Mike said he only had the contract on September 28th,  and the Board meeting was in a week, so he didn’t think a special Board meeting would make sense.  Plus, having someone else try to explain to Glen all the details and complications could have been confusing and misleading, and he wanted to explain the reasons for his actions himself, and the only way he could do that was to wait until the meeting, so he asked Paul not to speak to Glen about it on Monday, Oct. 3 when he told Paul.

          Glen asked Mike if he intends to hire township officers to help with the work.  Mike said no, because he does not want to spend $1,800 for Workers’ Comp insurance.  He will subcontract workers from the labor pool or jobs board, who will cover their Workers’ Comp.

          Gary moved that the Board adopt a resolution stating that Mike is an interested officer, but that his bid was lower than could be obtained elsewhere, and that Mike be awarded the contract if he files the affidavit of his interest. Glen seconded.  Passed.

          Glen asked that Paul send a copy of the signed contract and a copy of Mike’s attorney’s letter, and a copy of the meeting minutes to the Township Attorney Robert Ruppe.  Glen and Mike and Paul signed the contracts and Resolution and Affidavits for the files.  Gary moved to adjourn the meeting. Glen seconded.  Meeting adjourned at 9 p.m.

                                                                             Paul Raymond, Clerk

Wilma Fall Fest, Saturday, October 22, 2011

Wilma Fall Fest

104th Anniversary Celebration

Saturday, October 22, 2011

Wilma Town Hall, Duxbury, MN

County Road 24 and County Road 141 (Next to the Duxbury Store)

 6:00pm Potluck Dinner

8pm-11pm Music and Dancing

All Ages Welcome

Door Prizes


This celebration is

FREE so come have fun!!!

Wilma Fall Fest Committee

Call if you have questions

Patrice 320-245-0185

Jen 320-245-0507

Toni and Glen 320-245-0512





 2011-2012 Snowplowing fees due now:

$75/Season; Driveways over

700 ft.: $100

Must pay by Wednesday, Nov. 2, 2011.

Full-time residents only.

Special plowing $150/hr.

No closed gates.

Must have turnaround space.

Wilma Township not liable for

inadvertent damages while plowing

private drives.

Checks payable to “Wilma Township.”

Mail to Patrice Winfield

53346 Tamarack River Rd.,

Markville, MN 55072

Or bring to Nov. 2  Board meeting.



          Chairman Glen Williamson called the meeting to order at 7:30 p.m. at the Wilma Town Hall in Duxbury with the Pledge of Allegiance.  Also present were Supervisors Gary Vink and Mike McCullen, Treasurer Patrice Winfield, Clerk Paul Raymond, Deputy Clerk Toni Williamson, Deputy Treasurer Patrice Winfield, Grader Operator Mark Pallow, and Eldon and Marjorie Schmedeke.

          Paul read the record of the September Board Meeting.  Mike moved to approve; Gary seconded. 

          OLD BUSINESS:  North Duncan Road:  Glen had a letter from Bill Peno, saying that no work was done on the North Duncan Road for the past two years, saying, “The promise to finish the road past my property needs to be fulfilled.  We agreed at the Road Committee Meeting that a culvert needs to be put in on the south end and in the depression on the north end of that low spot, as water crosses in large quantities in both places due to Ox Creek, and the ditch on the east side.”  Mark said the road should be dry enough to get it done now, with pit-run gravel.  Gary said it was too wet last summer, which Bill Peno agreed, and that there is only one good turn-around for the trucks, at Thiry’s driveway.   Gary said that the board had voted to devote 10% of our Road and Bridge budget to this project, $7,000 maximum.   Mark said he will have Hopkin’s Gravel inspect the project this week to make sure it is dry enough to get trucks in.

          Errors and Omissions:  Patrice said that MAT said we are covered for Errors and Omissions in our policy.

          Wilma Fall Fest:   Patrice said Denny and Steph Hanson’s band is not available for October 22.  Papa John’s band charges $600, more than our budget.  Toni found a band called Barry and the Hoot Owls who play county-rock and other styles, and will play for $375, almost the whole $400 budget voted on at the annual meeting.  Toni requested that the board increase the Fall Fest budget to $500.  Glen moved that the Fall Fest budget be increased to $500 this year, provided we are able to secure a live band.  Mike seconded. Mike asked the Fall Fest Committee to keep track of all the details, e.g. attendance, hours, reactions to the band, etc. to see if it is worth the added expense.

          Pallow/Fust Wedding:  Mark asked for the forms for renting/using the Town Hall for his wedding to Maurine Rioux this coming Saturday. 

          Snowplowing:  Paul got an email from Kim Points, who is clerk of Grant, who asked to have their driveway on Mona Drive plowed this winter. Paul replied with our township policy as voted on by the voters at the last annual meeting in March that private snowplowing be limited to permanent, year-around residents.  Kim wrote, “I have been there for 6 years and am there year round.  I do not close for winter.  The neighbors and builder indicated this was available, just as it is to all residents.”  Mike said that the policy as voted is clear, only homesteads are plowed.  Gary added that the law states that the township cannot subsidize this plowing and the fees must cover the service.  Mark said that he keeps track of the time plowing private drives.  Last winter was very hard and the cost went over $150 per drive.  The board consensus is not to change the Town’s policy, but to review it and bring it up again at the next annual meeting, the second Tuesday of March, 2012.  The Board instructed Paul to post and publish the plowing notice for this upcoming season (fees to be paid by the November meeting, Nov. 2, 2011), and Mark to keep careful records again this season.  Glen said that he is very happy with the job Mark has been doing.  Eldon asked that we continue the policy for township roads, that the plow alternate which direction it starts, North, South, East, and West.  Gary said that Township roads have precedence over private drives.

          Danforth Township Invoice:  Jason Palme gave us an invoice fromDanforth Township for road work on our rangeline roads, Eagle Head and Crooked Lake Roads since the last invoice, $2,230.00.   Mike said the invoice is confusing and he doesn’t understand it.  Glen asked Mark to meet with Jason and have him explain the claim.

          Heller Drive:  Mark said he graded another rangeline road, Heller Drive, and Paul should invoice New Dosey Township for 1 hour of grading, $150/hour, New Dosey’s half, $75.00.

          MAT State Conference:  Glen said he needs to make hotel reservations by October 13, and asked for a decision by the board whether to send him to the state townships conference Nov. 17-19 at Arrowwood Resort.   Paul said last year the board sent both Toni and Glen to the conference, for a total of $610.00.  Mike moved to send Glen this year, and pay his tuition and hotel and mileage.  Gary seconded.  Glen abstained.  Paul asked that in future years, that the board send alternate board members who are interested in attending.  MAT has sessions for both supervisors and for clerks and treasurers, and either he or Patrice could attend sessions for both, and he would like to go.

          Outhouse Pumping:  Mark asked the board to authorize pumping out the holding tank for the town’s outhouse.  Glen moved that the board pay $130 to get the townhall outhouse pumped out.  Mike seconded.  Passed.

          Attorneys’ Legal Seminar:  Paul gave a report on the legal seminar our law firm, Couri & Ruppe held in Cotton on Saturday, Oct. 3.  Paul said some of the topics weren’t immediately relevant to our township, including planning & zoning, which we don’t have, and protecting township roads from windfarms, and on paved road maintenance, and township fire departments. But other subjects were immediately relevant, and more now than ever.  One whole session was devoted to contracts and conflicts of interest.  Contracts over $100,000 must be awarded by sealed bids, and to the lowest responsible bidder.  Bids cannot be changed or supplemented, but can be rejected or rebid if non-responsive/responsible, or if requirements are not met.   Between $25,000 and $100,000, can be sealed bids or by negotiation, with two or more quotes when possible, but does not have to comply with competitive bidding laws.  Any contract under $25,000 can be made on the open market or by two or more quotations, if possible.  Quotations must be kept on file for one year.

          Conflicts of Interest:  The seminar said MN. Stat. 365.37 says that “A Supervisor may not be a party to or to have a direct or indirect interest in a contract made or payment voted on the the Township Board, including family members or entities in which a supervisor has an interest.  Violation is a misdemeanor and the Supervisor must leave office if convicted.”  MN Statute 471.88 says an interested Supervisor can file an affidavit of interest, stating that his/her price is lower than can get elsewhere, and the board must pass a resolution stating this.   Paul said we have been using these affidavits for supervisors for a long time, for grading or building maintenance.  Mike said that every time we send officers to township training, they come back with more laws and restrictions on the board’s activities. 

          FEMA Funding to Clear Wind Damage:  Mike presented the documentation and documents of his meetings with Mike Fedoruk, the federal FEMA representative.  He said it’s a mess.  The good news is the township has already been awarded $1,248.93 for the work we have already done to clean up the windstorm damage from July 1 (for equipment and administrative costs).

          Mike said that he and Gary called an emergency town board meeting in September in order to count all the downed trees and washouts from the storm so an accurate report could be given to FEMA.  They determined that gravel is needed on the Duncan, Pete Anderson, Lost River Road, Mayfield, and Little Tamarack Lake Road, and had to number all the downed trees so a bid could be made to FEMA.  Patrice said that the washout on Mayfield road occurred before the July 1 storm.  Gary said they reported a different part of the road. Mike said the FEMA rep surveyed it with him and said we need to put a culvert in the road there. 

Mike said that FEMA granted $6,153 for grading and gravel for our storm-damaged roads, which covers administrative costs, labor, gravel, and equipment.  Mike said his intention in negotiating with FEMA was that FEMA would buy Wilma Township a dump-truck and pay our workers, so they would be covered under the township’s workers’ comp policy, but that Mike Fedoruk said that any current employee of the township could not be paid from FEMA funds for labor clearing the trees, if Wilma Township got the contract.  Mike took the initiative of approving and signing the contract between Wilma Townshipand FEMA for $29.25 per yard for removing and disposing of the downed trees from the storm from Wilma Township roads.  All the lumber is to be stacked on Mike’s land so that FEMA can verify the total yards removed. Mike then submitted a bid from his company, Fudally Tackle, to contract withWilma Township to be reimbursed 75% from FEMA and 25% from the State of Minnesota to remove 1,000 yards of lumber and debris from WilmaTownship roads to be stacked on his land, at the agreed-on rate, for a total of $29,250.00.  Mike said Arna entered into a similar contract with Todd Elliot for some of their roads.   Mike wants to subcontract the Town of Wilma to do the labor at $16.00/hour, and the township pay the workers $15/hour, so any workers would be covered under Wilma Township’s Workers’ Comp policy. He will subcontract the township for 3 weeks of labor, paying for two or more employees of the township at $16/hour.  Mike said the FEMA reps are leavingMinnesota and that he had to negotiate on the spot,

          Glen said this is the first he has heard of any of this, including the special emergency town board meeting.  Glen said that only the clerk can call an emergency or a special board meeting and that this was an illegal meeting. Glen said the township paid Mike as a supervisor to do the research with FEMA on getting compensation for Wilma Township for our storm damage, and that Mike used his knowledge and position to negotiate a private contract for his tackle company with Wilma Township under the auspices of  FEMA. Glen said that Fudally Tackle cannot subcontract the Town of Wilma to do labor for him.  Paul said Mike informed him of the situation on Monday, October 3rd, and he called our township insurance company, MAT, to see if township employees could be covered under Wilma Township’s Workers’ Comp policy if they did work for an independent contractor.  MAT said no.

          Glen said he wants it on the official record that the contract and agreement between Fudally Tackle and Wilma Township/FEMA is a conflict of interest, and Mike was wrong to negotiate for Wilma Township with FEMA, and to then sign a private contract with his company and Wilma Township/FEMA, and for him to profit from this contract, without ever notifying him, the Chairman of the Board, of any emergency board meetings or of the negotiations.  Glen said that Mike is acting consistently with his character and personality.  “This is wrong! Wrong!   Wrong!” he said.                                                                                          

      Mike said he had to act because of the limited time-frame. The FEMA supervisors were leaving Minnesota and he couldn’t wait for the October meeting.  Patrice said that Mike had said at the fire department training that he would call a special board meeting.  Mike said New Dosey isn’t getting a nickel because they missed the deadline, and he believes Arna Township got a lot more money than they would have without his help and guidance.

          Glen said he does not see a need to continue this meeting until next week to approve the contracts, and that Mike has demonstrated that he is concerned with the interests of the township and that Mike’s intentions are good.  Glen moved that if Mike can offer proof of liability insurance, that the board approve the contracts Mike signed between Fudally Tackle and Wilma Township/FEMA.  Glen said he wants it on the record that this is like a shotgun wedding, and that he feels that this time-pressure is like a shotgun to the board’s head.  Gary seconded.  Mike abstained.  Passed.

          Mike said he already purchased liability insurance for more than $1,000 and that he has also purchased a dumptruck for his company.  He spent many hours researching trucks for the township as the board instructed him to last April.  Mike said that he would be willing to sell the truck to the township when he is done with this project for $5,000 or so, but that FEMA would not reimburse the township for this truck, or for any of the labor done since the last invoice he submitted, including the hours he and Gary spent surveying the storm damage for FEMA.  He said if Wilma Township employees can’t be covered by the township workers’ comp policy, he could subcontract them so they would be responsible for their own insurance, or he could contract with the labor pool in Minneapolis who would send up workers and would cover their workers’ comp insurance.  Paul said Todd Elliot is providing workers’ comp for his employees, and that Cheryl Wickham, Arna Clerk, said that FEMA requires proof of  both liability and workers’ comp insurance for contractors.  Paul said Wilma doesn’t pay very much for workers’ comp, and maybe Mike could get a policy for three months at a low cost.  MAT said they would not insure private contractors.

          Supervisor Gary Vink said the board is spending too much time on this subject and that he had had enough.  Gary left the meeting at 9:30 p.m.

          County Road 141/Duxbury Road:  Paul sent letters and photographic documentation to County Coordinator Marc LeBrun, and to County Commissioners Steve Chaffee and Doug Carlson regarding the deplorable condition of County Road 141/The Duxbury Road east of Duxbury, especially in the Spring and Summer.  Eldon said the letters are good, and he hopes will lead to better repair and maintenance.         

          TREASURER’S REPORT AND BILLS:  Patrice gave the Treasurer’s Report (Attached).  Bills were presented: 

          ECE                                                            $            50.51

          Jenn Nelson (mileage to meeting/training)                18.87

          Patrice Winfield (internet/expenses)                        34.01

          Glen’s Tire                                                          1,208.72

          Mike McCullen                                                       212.76

          US Treasury (3rd quarter taxes)                                        391.40

          Paul Raymond (mileage; internet)                          126.11

          Mark Pallow                                                          134.44

          Jenn Nelson                                                                       50.95

          Paul Raymond                                                       232.10

          Glen Williamson                                                      33.85     

          Gary Vink                                                              217.00

          Patrice Winfield                                                      116.99

          Mike McCullen                                                       121.00

          Mark Pallow (mileage)                                           118.78 

                                      Total Bills                      $        3,067.49 

          Mike moved to approve the Treasurer’s Report, to pay all the claims, and to transfer $3,000 from savings into checking.  Glen seconded.  Passed. 

          Mike moved to adjourn the meeting; Glen seconded.  Meeting adjourned at 10:00 p.m. 

                                                                   Paul Raymond, Clerk