PINE CO. BOARD OFCOMMISSIONERS’MEETING 2/16/10 ON SCHMEDEKE LANE

PINE CO. BOARD OFCOMMISSIONERS’MEETING  2/16/10
ON SCHMEDEKE LANE

The County Commissioners met at the Pine County Public Works Building in Sandstone, MN, on Tuesday, February 16, to hear the studies and conclusions and make a decision regarding Schmedeke Lane in Wilma Township.   Wilma Supervisors Glen Williamson, Gary Vink, and Michael McCullen were among those in attendance, plus Clerk Paul Raymond, and Wilma property owners Eldon Schmedeke, Bruce Greenly, and Barbara Jensen.

County Attorney John Carlson gave a presentation intended for the narrowing of the issues and proposing a solution to the issues regarding the road.  He had a diagram showing that Schmedeke Lane is not on the surveyed section line, even if it is exactly a mile from the Pete Anderson Road.   He said that Pine County built Schmedeke Lane and Wilma Township maintained it and formally adopted it as a township road.  Carlson said that the road was built on the only good land for a road, and if they had known then that this was Jensen’s land, they would have acquired the land then from the Jensens because of a drop-off to the east.

Carlson said that there are three choices:  1.  Don’t do anything for anyone, and leave the road as it is as a statutory use road, and everyone be damned, because Wilma Township did not do a survey when they adopted the road as a township road.    2.  Determine the number of acres Bob Jensen lost and give Bob County land in exchange for what he lost, or pay him the value of the lost acreage.  3. Have the road easement go all the way to the surveyed section line, and Wilma Township can sell Bruce Greenly this land since his land does not go all the way to the road.

In addition, Eldon and Marjorie Schmedeke want to extend Schmedeke Lane the length of two 40 acre’s north, by 132’wide.  They have a camper on their land one half mile north.  Eldon paid to have the road extended and cleared it to 132’, believing this was his land.  He wants to buy 132’ of the first 40 and the next 40, 4 acres each, 8 acres, total $10,000 at current prices.   The county said they won’t sell unless they can keep their road easement so they can access their timber on county land.  In the future, Carlson said that Eldon’s kids will likely sell off the land north and east.  The road can’t be built on the section line due to a ridge obstruction.  For Eldon, getting to his land is a justified expenditure according to Carlson.

An alternative would be for the county to extend the road as a forest road and give Eldon a private easement, but this would not give Eldon a right for subdivision.   If the county builds the road to get to their timber, and it is good enough for a township road, Eldon would have to convince the town to adopt it as a township road.  Carlson said the best option would be to let Eldon buy the land for $10,000 so he can build his road.   The road he builds will be for public use as the only option for future development on Schmedeke’s land is for the road to be a public road.

Steve Hallan said they all want to do the right thing.  He said do the land swap with Jensens, and sell Eldon the two 132’ by 40 acre strips, but make sure that everyone has access to the public land to the west and can get to the tax-forfeited land.  Curt Rossow asked if the easement is granted, who will build the road?  The land department said that they will.  The easement will go to the section line all the way up.  The County Assessor’s office, with input from Robin Matthews, the County Surveyor, will calculate how much it is worth.  The current rate is $1,300 per acre.   Mike spoke up and said that he and Gary do not believe that the township should profit from this easement, and that the county should retain ownership and be the one to sell the land to the Greeley’s and Schmedekes; it’s taxpayers’ money. Rossow said it may require a special State legislative ruling to sell this to Eldon without open bidding.

A motion was made to sell Eldon Schmedeke two 40 acre by 132’ strips of land, and to sell Bruce Greenly all the land between Schmedeke Lane right-of-way to his section line, and to swap Bob Jensen some County land north of his land to compensate him for land he lost when Schmedeke Lane was built. This was seconded and passed.  Eldon asked that he be granted clear title to each of his 132’ x 40 acre pieces of land.

There was other County business and the meeting continued, but the Wilma Township officers left the meeting at this point.

Paul Raymond, Clerk, Town of Wilma

Town of Wilma Board of Supervisors Meeting March 3, 2010

Town of Wilma Board of Supervisors Meeting       March 3, 2010

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

Paul read the report of the February meeting.  Gary moved to approve; Mike seconded.

OLD BUSINESS:  Dollar Lake Road: Moske Logging has finished his logging and hauling activity, and both Paul and Gary talked with him.   He said he was not the first logger on Eric Vathne’s property, but only started in September or October of 2009.  Gary said we will do an inspection after the thaw and will take into account that he wasn’t the original logger or hauler.  It’s possible the damages were done by the original hauler.  Glen asked if we can make this part of the regular spring road inspection, or if it should be done earlier, and how will we determine who may be responsible for what damage?

Crooked Lake Road: Gary said someone is hauling on Crooked Lake Road; he said the sign on the truck says Benson Logging.

Mink Farm Road: T&T is still hauling on Mink Farm Road.   Gary asked if they ever paid the escrow for that road and the Short Road.  Paul didn’t find a record in the Escrow Log Book, but noted that the September minutes showed that they had promised to pay the escrow for both roads.   Based on this information, the Board instructed Paul to write to T&T and tell them that they had 48 hours from the receipt of the letter to pay an escrow payment or that the Mink Farm Road would be barricaded, and that we should send it registered and certified. [After the meeting, the treasurer’s report for October, 2009, showed that T&T did pay $500 for the Mink Farm Road and $500 for the Short Road.]

NEW BUSINESS:   Spring Short Courses:   There are three venues that are possible for our Board:  St. Cloud, on Monday, March 22; Grand Rapids, on Thursday, April 1st; and Fortune Bay Casino on Friday, April 2.  Glen said he wanted to attend Fortune Bay, because he and Toni could stay overnight.  Patrice wasn’t sure if her US Census work would be done by March 22.   Paul and Gary both said St. Cloud was the best option for them, and if Patrice is able to go then they will carpool.

Board of Review/Equalization:   The County Auditor and Bob Brewster will be here for the Board of Review on Wednesday, April 14, at 10 a.m.

Annual Town Meeting and Election:  This will be next Tuesday, March 9.  Polls will be open from 5 to 8 p.m., and the meeting at 8 p.m.   Eldon said that Marjorie won’t be able to judge as planned.   Gary said he would be able to judge.  Paul will swear in the judges before voting starts at 5 p.m.

County Commissioners’ Schmedeke Lane Meeting: Paul will write a full report on the Commissioners’ meeting on Schmedeke Lane (his computer crashed and is in the shop).  The Commissioners voted to sell Eldon the land he wanted to extend Schmedeke Lane; and sell Bruce Greenly the land between his land and the Schmedeke Lane right-of-way; and to give Bob Jensen a few acres of land north of his land to compensate him for land he lost.   Eldon asked that the report clearly state that he made a request of the Commissioners that he receive full title to the two 40 acre by 132’ parcels of land he is purchasing by special legislative action from the county.  Mike asked Eldon if he was satisfied with the final decision of the Commissioners.  Eldon said he doesn’t like the fact that the Schmedeke Lane road extension will have two significant curves in it, but that he has to accept the settlement.  He said that he made it clear to the Commissioners that he will be getting two 40’s by 132’ and that he wants full title to each 40 x 132’.

Glen said that it has been a pleasure to serve on the board.  He commended each member of the board, Patrice for doing a fantastic job keeping the township records; Gary for his indispensible knowledge of and work for the town roads, and for his intelligence and proactive work; Mike for being on top of everything and for his tremendous work as a first responder and work on the garbage board; and Paul for being a diplomat and counselor.   He also thanked Eldon for keeping the Board on its toes. Eldon said that at the annual meeting he will be bringing up some issues.

Garbage Board:  Glen said that the Tri-Township Disposal District township representative job should be rotated on a periodic basis.   Gary served for 5 to 7 years, and Mike has served about a year. No decision was made on the term limit.

County Township Supervisors Meeting:  The County Township Supervisors Meeting will be Saturday, March 27.   There are three positions on the executive board up for election; two members will be running for reelection, Frank Grundmeier and Dave Kapof, but Kurt Nelson is resigning as a township Supervisor.  Glen said that if one of our Supervisors were to run it may look like Wilma Township is running the County Association.  Mike moved that any Board member who wish to be authorized and encouraged to attend.

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

Mike McCullen                                            $           80.80

Paul Raymond                                                       143.14

Gary Vink                                                             136.21

Glen Williamson                                                    122.95

Gary Vink (expenses)                                                2.50

Patrice Winfield                                                     108.51

Mark Pallow                                                118.20

Pine Co. Courier                                                       33.84

ECE                                                                         45.54

Patrice Winfield (stamps, expenses)                          15.03

Paul Raymond (1/2 of printer)                                   35.60

Bob Brewster                                                        2,156.00

The Evergreen                                                          10.50

Glen Williamson (mileage)                                         24.10

Mike McCullen (expenses)                                      18.70

Total Bills                                 $       3,051.62

Mike moved to approve the Treasurer’s Report, to pay all the bills, and to transfer $3,100 from savings to checking.  Gary seconded.   Gary moved to adjourn the meeting.  Glen seconded.  The meeting adjourned at 9:15 p.m.

Paul Raymond, Clerk

Wilma Township Hall Rental Policy

The Town Board hereby adopts the following as the rental policy for the rental of the Wilma Township Town Hall.

  1. 1. Definitions.  For the purposes of this policy, the following terms shall have the meaning given them in this section.

a) Alcohol.  “Alcohol” means wine, beer, liquor, and any other beverage containing more than one-half of one percent alcohol by volume.

b) Event.  “Event” means the entire period for which a Renter has rented the Hall, including any permitted set-up or clean-up periods.

c) Guests. “Guests” means those who attend the Event.

d) Grounds. “Grounds” means the land immediately adjacent to and surrounding the Township Hall that is owned or leased by the Township.

e) Hall. “Hall” means the Wilma Township Hall.

f) Rental Application. “Rental Application” means the form developed by the Town to be completed and submitted to the Town by proposed Renter seeking permission from the Town to rent the Hall.

g) Rental Request. “Rental Request: means the submission of a completed Rental Application by a proposed Renter seeking permission from the Town to rent the Hall.

h) Renter. “Renter” means the person, corporation, or entity that submits a Rental Application to rent the Hall.

i) Town. “Town” means Wilma Township, Pine County, Minnesota and any references to actions or approvals by the Town are to its Township Board of Supervisors.

  1. 2. Renters Bound by Policy. Rental of the Hall constitutes Renter’s acceptance of the terms and conditions of this policy.  The Renter assumes full responsibility for any damage caused in connection with the Event and for the actions of those who attend the Event. If a corporation or entity is renting the Hall, and officer or agent of the corporation or entity must be designated on the application as the responsible person for the rental; though doing so does not limit the liability of the corporation or entity for the rental or what occurs during the Event.
  2. 3. Rental Request.

a)      Process. All rental requests must be made on the application form provided by the Town and shall be delivered to the Town Clerk. All rental requests must be made at least 14 days before the proposed Event. When a completed Rental Application is received, the Town will notify the Renter of whether the request is approved. All approvals are subject to and conditioned upon; the payment of all required rental fees and a damage deposit (if required); any modifications, limitations, or additional requirements indicated on the Rental Application; and compliance with all the provisions of this policy and any other applicable rules or regulations.

b)      Rental Hours. The rental hours for a particular Event shall be as indicated by the Town on the Rental Application form and approved by the Town. The Town may approve additional hours to set-up for, and clean-up after the Event. The Renter and all attendees must vacate the Hall by the end of the rental hours; except that the Town may approve specific additional hours a Renter may use to clean the Hall after the Event.

c)       Sublet or Transfer. A Renter may not sublet the Hall, nor may the application or rental privileges be transferred or assigned.

d)      Cancellation. Approved rental requests may be cancelled as provided in this section. Application fees are non-refundable and will not be returned if a rental request is cancelled.

  1. i. By Town. The Town may cancel any approved rental request in any of the following circumstances:  (1) at any time if the Renter fails to comply with any conditions imposed by the Town of the rental including, but not limited to, failing to file the required damage deposit within the time set, failing to pay the rental  fee in full by the time set, failing to provide for security by a law enforcement when required; (2) for any reason if the Town provides notice of cancellation to the Renter at least 30 days before the Event; or (3) at any time for reasons beyond the Town’s control, such as cases of emergency, unsafe environmental or health conditions, or the interruption of utility services. If the Town cancels a rental request after it has been approved, except for Renter’s failure to provide payment, proof of insurance, or to comply with any other conditions imposed on the request within the time set, it will return any rental fees and damage deposit paid by the Renter. Renter acknowledges and agrees that the Town shall not be liable for any claims of description loss or damages resulting from the Town’s cancellation of a rental request as provided in this section.
  2. ii. By Renter. A Renter may cancel a rental request up to 30 days before the Event. The Town will return any rental fees and damage deposit paid by the Renter. A Renter canceling a rental request within 30 days of the Events forfeits all rental fees paid the Town, but the Town will return the damage deposit if one was paid.
  3. Rental Fees and Damage Deposit.  The following rental fees and damage deposit apply to the rental of the Hall and must be paid to the Town at least 14 days before the Event and before the event will be scheduled on the calendar. Rental fees are not refundable, except that unused portion of the damage deposit will be returned to the Renter within 30 days after the day of the event. The Town Board at its discretion may waive the Rental Fee for other governmental units/entities.
Fee Type Residents
Fee
Residents Damage Deposit Non-Residents
Fee
Non-Residents
Damage Deposit
Rental Fee $25.00 $50.00 $50.00 $100.00
Wedding/Dance $50.00 $200.00 $100.00 $200.00
  1. Use of the Hall.  The Renter and Guests must comply with all the following.

a)      Setup-up and Decorations.  The Town may allow Renter to enter the Hall before the rental hours in order to set-up or decorate for the Event. Decorations may not be affixed to the Hall in any way that damages the Hall. Confetti, birdseeds, rice or other like items are prohibited.

b)      Sound Levels.  Sounds levels must be controlled so as to not cause damage to the Hall or to unreasonably disturb neighbors.

c)       Disorderly Conduct. Disorderly conduct of any kind is prohibited and any persons engaging in disorderly conduct are subject to being ejected. The Renter shall be solely responsible for supervising the conduct of those who attend the Event and is financially responsible for any damages caused.

d)      Alcohol.   No liquor, wine, or beer shall be sold or otherwise exchanged for compensation in connection with the use of the Hall. If alcohol is to be consumed, the Renter must indicate that fact on the Rental Application.

e)      Security. The Town may require the Renter to have a licensed law enforcement officer during the Event to provide security and to help enforce the provisions of this policy.  The Renter will be responsible for making all arrangements to secure the services of a licensed law enforcement officer, paying for service, and ofr providing the person a copy of this policy.

f)       Gambling. Gambling of any nature or manner is prohibited.

g)      Smoking.  The Hall is a smoke-free building and smoking of any kind is prohibited in the Hall and within 30 feet of the Hall.

h)      Parking.  Guest may not park on the lawn or in any way that causes damage to the Grounds or that interferes with traffic or safety.

i)        Charging Admission. The Renter may not charge admission for the Event unless approved by the Town.

j)        Safety.

  1. i.                No furniture, decorations, or other items may be placed in such a way as to block the exits.
  2. ii.            The Renter is responsible for assuring the Hall does not become overcrowded.
  3. iii.            No open flames, sparklers, or any fireworks are permitted in the Hall or on the Grounds.

k)      Clean-up.  The Renter is responsible for cleaning the Hall and must return the Hall to at least the same condition it was in before the Event.

  1. Assumption of Responsibility. The Renter assumes full responsibility for the appropriate conduct of all the group members and Guests at the Hall during rental hours. The Renter also assumes full responsibility for any loss, breakage, or damage caused to the hall, the Hall contents, or to the Grounds.  The Town is not liable for any loss, damage, injury, or illness suffered during the use of the Hall by the Renters or the Guests.
  2. Indemnification.  The renter agrees to defend, indemnify, and hold harmless the Town, it’s officers, agents, and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney fees which the Town, its officers, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the Renter or Guests.
  3. Insurance.  The Renter may be required to provide proof of liability insurance before the Event proving coverage in an amount determined by the Town. If proof of insurance is required, the Renter must deliver the proof to the Town at least 7 days before the Event. Failure to provide adequate proof of insurance as required by the Town will void the rental request and any approvals given by the Town.

Adopted this 3rd day of February 2010

Motioned made by Glen Williamson Sr., Seconded by Mike McCullen.

The Motion passed unanimously.

By Wilma Township Board of Supervisors

_____________________________
Glenford H. Williamson Sr. Chairperson

Attest:  ___________________ Clerk
Paul Raymond

RENTAL APPLICATION FOR THE
WILMA TOWNSHIP TOWN HALL
Duxbury, MN 55072

Application must be submitted to the Town Clerk at least 14 days before the event along with $____________ application fee.

Rental Hours: Date of the Event:__________________ Type of Event:____________________
Starting Time: ___________ Ending Time: __________ Setup Time and Date:______________
The Hall must be cleaned up immediately after the Event unless other arrangements have been made with the Town.

Rental Applicant Information

Name of Applicant:_____________________________________  Date of Application:________

Address:______________________________________________ Home Phone:_____________

City:___________________________ State: ____ Zip: _________ Other Phone:_____________

Will alcohol be brought or consumed at the event?  ____ Yes   ___ No

Alcohol:  Alcohol may not be sold or exchanged for compensation in any way in connection with the use of the Hall.  If alcohol is present and 100 or more guests are expected, the Town shall require the Renter to hire a licensed law enforcement officer to provide security for the event.   How many people are you expecting for this event at the Hall? ______________
If more than 100 name of Security Guard:_____________________ Police Dept:_____________

Insurance: If more than 100 people and alcohol is being served, proof of liability insurance may be required before this event in an amount to be determined by the board.

Residency: Are you a resident of Wilma Township? ______Yes _______ No
Rental Fees and Damage Deposit: A non-refundable application fee must be paid at the time of submitting the application. All additional fees and a damage deposit, if required must be paid to the Town at least 14 days before the event or this application is voided. The applicable fees are those as set by the Town in its Township Hall Rental Policy.

Applicant understands and agrees that if its application is approved, applicant is fully responsible for the event and is subject to the terms and conditions of the Township Rental Policy.  I also acknowledge that I have read the Township Rental Policy.

____________________________________________________________________________________
TOWN USE ONLY
Application Approved? _____Yes _____ No (If “No”, please put reasons on reverse side of this form)

The approval is conditional upon the following medications, limitations, or additional requirements (if any).

FEES:  Rental Fee $________________ Damage Deposit $______________ Date: _________________