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HomeNewsLegal NoticesTOWN OF CRYSTAL BAY REGULAR BOARD MEETING FINLAND COMMUNITY CENTER MINUTES SEPTEMBER...

TOWN OF CRYSTAL BAY REGULAR BOARD MEETING FINLAND COMMUNITY CENTER MINUTES SEPTEMBER 19, 2023

 I. Attendance: Russ Vance, Stacy Bre­den, Mike Nikula, Amy Nikula, Paul Hartshorn, Bob Meyers, Julie Meyers, Honor Schauland, Lise Abazs, Terri Perfetto, Douglas Perfetto, Nancy An­slement- Olsen, Colby Abazs, Georgia Lane, Danielle Hefferan, David Geist, Kaare Melby, Jonathan Beauchane

II. Paul called the Regular Meeting of the Crystal Bay Town Board to order at 7pm with the Pledge of allegiance.

A. MOTION: To approve the Agenda. Motioned by Russ, Seconded by Mike, Passed by unanimous con­sent.

B. MOTION: To approve the Regular August Meeting Minutes. Mo­tioned by Russ, Seconded by Paul, Passed by unanimous consent.

C. MOTION: To amend July 18th, 2023 Regular Meeting Minutes due to a spelling error for Marvin Chris­tensen and adding Verna Sinder­man.

Motioned by Paul, Seconded by­Mike, Passed by unanimous con­sent.

D. Treasurer’s Report:

1. Income: $ 42,000 income in au­gust

■ Regular income: intergovern­mental revenues- 2nd half of Taconite Tax (~13,000) and State PILT (~9,500)

■ Fiduciary funds pass through: Cartway legal fees (~5,700)

■ Insurance reimbursements to expense accounts: Road and Bridge vehicle repair (~14,000) and Community Center Biffys (~800)

2. Expense

○ Payroll: Town Clerk, Road and Bridge Supervisor

○ Road and Bridge: contracted services- lawyer fees for grader loan, some assistance hauling; ~4,200 on culverts as approved by board

○ Coop Light and Power fees went up almost double: Triangle $60, Cemetery $60, Garage $77. Could be worth having a supervisor call and check in about base rates and hook ups for township government.

● Supervisors- you have a de­tailed Income Expense that lists out vendors and specific payments for your reference.

3. August things to note in the Bal­ance Sheet:

● 2,900 in Checking “other”- Finland Coop is paying off their loan in full, once it is fully paid (in September) I will ask for a motion to move that money from our gener­al checking to our rotating loans account at NSFCU

● School House Cartway liabil­ity account should be paid out by next month

4. Other Treasurer notes:

● Our new grader loan through the NSFCU has been set up, we will begin making The new payment next month.

● Housing grants- working with Stacy and Friends of Finland to set those up smoothly

MOTION: To approve the Treasurer’s Report. Mo­tioned by Paul , Seconded by Mike

Passed by unanimous con­sent.

E. MOTION: To approve paying all bills and claims due. Motioned by Paul Seconded by Russ Passed by unanimous consent.

F. The board reviewed correspon­dence received by the Town.

Public Concerns:

Dave Geist Thanks Dani for speaking louder, and asks everyone else to speak louder please so folks in the back can hear.

III. Guest Speaker Georgia Lane with Arrowhead Area Agency Since 2021, Lake County has been enrolled in the AARP Network of Age Friendly Com­munities, and taking steps to help Lake County become more livable for people of all ages. This effort is led by Lake County Public Health, and supported North Shore Area Partners, Friends of Finland, Public Libraries, and more. A Lake County community survey indicated that adequate hous­ing options for people of all ages was a top concern. The Age-Friendly Lake County Coalition has received funding to look at the housing needs and op­portunities, and apply the Age-Friendly Housing framework as established by AARP and national leaders.

Reports (5 minutes each)

A. Monthly Clerk Updates: Stacy

1. Insurance: Two Current Claims out are still the #23BA037 Dump Truck Push Pull Arm/ Frame, Septic,

2. Records Update: I have provid­ed the board members with a copy of the destruction report. Given our Record Retention from the MN Historical Society I am moving to destroy records from 1911 to 1970. There are 3 boxes that are water damaged and noted as such. I have not prepared an audit of records this month since I was going through old documents. The Township will need to look into Fireproof File Cabinets in the future. I will know more once I am done doing a complete audit of the closet. I am also making my way through Files in Google Drive.

3. I will be purchasing two hard drives for Danielle and myself to use for backing up our comput­ers.

4. Due to my schedule Clerks Hours will stay Tuesdays 10-2 year round.

5. While going through old files it was brought to my attention Crystal Bay Township might possibly be behind on pay rates. I provided a packet to the board regarding other area Townships, and our own Com­pensation Policies to look over for discussion at the October Meeting. Every position is scat­tered as to when they get paid and it can be confusing and quite frankly makes no sense to me.

6. Judy Martell expressed interest in being my deputy. I will be ap­pointing a deputy in the next few months to help with sorting files and record retention. She will need a wage.

B. Road and Bridge: Doug

Doug needs to up his hours to get his winter prep work done by his set date October 15th, 2023. There is mowing to do, gravel to put on roads, culverts in Heffelfinger and Cooper Road needs class 5. Borrowing a Dump Truck from the county to do Park Hill Road, trying to get it done before winter. Plow Truck part is in and will possibly by October 1st, 2023

C. Community Center: Honor

(See Attached Letter)

Addition to her Report: Honor asked if the Township is ok with the pizza oven going in since it modi­fies the property. Township agrees it’s fine.

D. Cemetery: No report Vaughn will be back for the October 17th Meeting.

E. Housing Project Update:

1. Job description ad was extend­ed until Oct 1st.

2. Stacy contacted MAT to discuss what would be the best way to go about the hiring Process and was advised by Grahm Berg- Moberg In-House Counsel with MAT

The Open Meeting Law applies if a “quorum” of supervisors is present during the interviewing. Minn. Stat. §13D.01, subd. 1 (b), and Minn. Stat. § 366.01, subd. 1. If the town would like to avoid that, we recommend that the board designate a non-quorum of supervisors to interview the applicants, return to the board meeting with a report, and the whole board may decide to whom it will offer employment. if you’re on a three person board you might have to go with one supervisor and the clerk and the treasurer. The entire board must agree to offer a job; this cannot be a decision solely made by a non-quorum of supervisors designated to do so by the board.

3. Stacy has been filling in as the Housing Coordinator and would like to be acknowledged and paid as such. MOTION: To ap­point Stacy as Interim Housing Coordinator for $25.00 an hour and to allow back pay from August 4th, 2023. Motioned by Russ, Seconded by Mike Passed by unanimous consent.

4. Stacy is working with Tracy on a presentation for people to view at the Booya on Oct 7th. If any Supervisors would like to join that would be great.

5. The Housing Survey has been mailed out and has a return date Nov 1st. Boxes are set at the Finland Coop and Clair Nelson Center. After the first two community meetings which were so diverse we realized there is more of a need for in­formation. Putting a pause on Steering Committee Meetings until we can hire a coordinator to do more outreach is nec­essary so as to not overload Stacy. Mike has been making contacts at the CourtHouse for the Steering Committee and has information when we get to that point. Colby asked if an Online Survey would be added. Honor replied after the compiled info from the mail out survey is tallied the Coordinator Position might look at doing so it really depends on the mail in data.

III. Old Business

A. Septic: My last update from Deb with MAT was; At this point, we know the supply lines are not covered and any electrical work is not covered. It appears that the pumps and re­circulation tanks are covered if the damage is due to the weight of ice and snow and not a malfunction due to improper installation. Wait­ing for Chase to provide a more itemized bill. Once an itemized bill is sent, Insurance can start releas­ing funds to us.

Brandon Caltrider emailed and said that there is a permitting fee of 300 due. Stacy has filled out the permit and will bring to the CourtHouse for filing 9-20-23

Russ suggested maybe the board chair to call Chase. Paul will con­tact Chase about an itemization of the bill.

MOTION: To pay the 300.00 to file the Septic permit with Lake County with a date pushed as far out as we can get it. Motioned byRuss , Sec­onded byMike , Passed by unani­mous consent.

B. Cartway

Stacy will be filing the cartway to­morrow 9-20-23 at the Lake County Courthouse.

C. Local Road Improved Program Road Funding Board Decision

A. Township applicants need county sponsors

B. County acts as Fiscal agency, state dollars flow through the county

C. No local match required, 100% of eligible construction costs, are reimbursable.

D. Contractors incur costs, agency or sponsor submits pay request to State Aid to be reimbursed with grant funds.

Routes of Regional Significance Account and Criteria for Eligibili­ty.

– Provide Grants to Counties, cities, townships and tribes.

– Statewide or regional signifi­cance

– Local road construction, reconstruction, or recondi­tioning project. Russ looked into it and will try to get with Pudgy in the next few weeks and have an update at Octo­ber’s meeting.

F. Lake County Gravel Bid : Stacy

TNT Construction Group, LLC was the total low base bid and also the low bid for Crystal Bay Township work.

TNT’s bid for crushing in the Little Marais Pit for Crystal Bay Township is: Aggregate, Class 1 5,000 Cu Yd $7.00/Cu Yd $35,000.00

Traded for our cramer pit dirt might not be full bid/ price will be lower.

3-Inch Minus 4,000 Cu Yd $5.10/Cu Yd $20,400.00

Total Bid of $55,400.00

MOTION: To award the gravel crushing contract at the amount of $55,400.00

With the understanding that Crystal Bay Township is inter­ested in selling the township owned pile of Class 1 Aggre­gate located in the Cramer Pit off County Road 7, Cramer Road (Section 3, T58, R6W).

Motioned by Russ , Seconded byPaul , Passed by unanimous

G. Shared Visa Application:

The Board needs to list the au­thorized signers for the VISA

Then NSFCU will need to col­lect their signatures on the VISA application and VISA authorized signers form.

MOTION to amend August’s Motion to include names on each card. Crystal Bay Town­ship authorizes Road Super­visor Douglas Perfetto and Township Clerk Stacy Breden as authorized signers on the Shared Secure Visa.

Motioned by Russ, Seconded by Mike, Passed by unanimous consent.

Russ also noted: Ask for the Cards to say Crystal Bay Town­ship Road Supervisor Douglas Perfetto and Crystal Bay Town­ship Clerk Stacy Breden

H. Minimum Maintenance or Aban­donment of Crystal Bay Town­ship Roads Decision

1. Second part of Park Hill Road – Posting officially Minimum Maintenance

2. Ostman Road

MOTION: Board decided to table abandonment and minimum maintenance road decision Motioned by Paul, Seconded by Mike, Passed by unanimous consent

I. Voter Survey

MOTION: To approve the Voter Questionnaire and information now that the Housing Portion has been taken off. Motioned by Russ , Seconded by Mike , Passed by unanimous consent. Stacy ordered supplies and will get these out.

New Business

A. MOTION: Appointing Stacy Breden, Danielle Hefferan, and Mike Nikula To the Hous­ing Project Hiring Committee. Committee will meet as they see fit to interview applicants and will bring back their rec­ommendations to the board at our Oct 19th Meeting. Motioned by Paul, Seconded by Russ, Passed by unanimous consent.

B. Lake County Dump Truck Pur­chase:

Doug reached out to Lake County asking to borrow their dump truck while ours was getting repaired. Lake County mentioned to Doug the possible Sale of Truck #4991 a Sterling Tandum dump truck. It needs a new radiator which is priced out between $1100.00 and $1500.00. Rick Goutermont ad­vised Doug to have the Town­ship reach out via email with a request to purchase the truck for the lowest possible amount.

MOTION: to have Stacy email Laurel Buchanan requesting purchase of #4991 for 1.00

Motioned by Russ Seconded by Mike , Passed by unanimous consent.

C. Evaluation of lighting due to CLP Base Rate increase.

Mike looked up flag rules and said if they fly at night they need to be lit.

Question was raised: What about a Solar light?

Mike volunteered to contact CLP and see what information he can find out and report back at our October 17th meeting. Russ volunteered to look into solar lighting for the next meet­ing too.

D. Compensation Policy Re-evalu­ation

Board agrees to look over the provided information and will try to back with decisions at the October 17th Meeting. Note to the Clerk deputy wage is neces­sary in the future. Colby asked for reports for the public, Stacy will provide the Compensation Plans for Crystal Bay Township, Beaver Bay Township, and Sil­ver Creek as they are the only 2 who responded.

E. PROCEDURAL SUMMARY FOR RELYING CONFLICT OF INTEREST EXCEPTIONS States: (Minn. Stat. §471.88, subd. 5.) The exception to the conflict of interest prohibition most often relied upon by town officers is Minn. Stat. § 471.88, subd. 5. This exception permits contracts otherwise prohibited as a conflict of interest if the law does not require the contract to be let by competitive bids. It is arguably the broadest of the exceptions, but it also in­volves the greatest number of procedural requirements. The following provides an overview of the procedural require­ments associated with relying on this particular exception. Remember, other statutory requirements imposed by the municipal contracting law and other laws must also be com­plied with to award a contract to a supervisor. The summary only discusses the requirements associated with relying on the Minn. Stat. §471.88, subd. 5 ex­ception. Note: • Refer to the text of the document for information on when a statutory conflict of interest exists. • A conflict can exist even if the town is not using a formal written contract. • A conflict can exist even if the officer provides the goods or services at far below market value. • Other contracting and legal requirements may apply in a given situation that is not part of this summary. • The attached samples will need to be modified to fit their situation. Still, the statute requires them to contain specific information, so do not delete sections of the forms unless you are certain the information Minn. Stat. § 471.89 or other statutes do not require.

1. Identify the Need. The town needs goods or services that an officer could provide, but which would constitute a conflict of interest for the supervisor to provide without first identify­ing and relying on a statutory exception to the prohibition. 2. Determine if Competitive Bids are not Required. The board determines that the contract to obtain the goods or services does not require the solicitation of competitive bids.32 In most cases, a contract does not re­quire competitive bids because the total estimated amount of the goods or services is below the bid threshold. In towns, the law does not require competi­tive bids unless the contract will exceed $175,000. There are other situations in which the law does not require competitive bids, but the dollar threshold is the most common standard. The board must make a good faith estimate of the total cost of the goods or services it will obtain from the officer. If the total is near the competitive bid threshold, it is better to look for another exception to autho­rize the contract. 3. Determine the Contract Price. The board needs to determine whether the contract’s price with the of­ficer would be as low or lower than the price the board could obtain elsewhere. 4. Devel­op a Resolution. Develop a resolution that satisfies the requirements of Minn. Stat. § 471.89, subd. 2.33 32 Refer to Information Library Document Number: C4000 (Contracts and RFP’s) for additional in­formation. 33 See Appendix B for a sample APPENDIX A 8 5. Pass the Resolution. At a board meeting, a non-interest­ed supervisor makes a motion to adopt the resolution. Before voting, the interested officer should state. The clerk should record in the minutes that they are abstaining from voting on the resolution because they have a financial interest in the contract. The board must pass the motion by a unanimous vote of the remaining supervisors. 6. Complete Contracting Steps. The board should complete the standard steps with a contract of that type. 7. Provide an Affi­davit when Receiving Payment. Before the town may pay the interested officer for the goods or services provided, the super­visor must submit an affidavit to the clerk that satisfies the requirements of Minn. Stat. § 471.89, subd. 3.34 Though the law is not entirely clear on this point, the supervisor should submit an affidavit each time they submit a claim for payment for the goods or services cov­ered by the resolution. 8. Pre­serve Records. The clerk needs to file and preserve a copy of the resolution and affidavits. If practicable, the interested supervisor may want to keep a copy of the documents as a backup for their protection.

1. MOTION: to Approve Resolution 91923 Authorizing Paul Hartshorn to work as Roads Worker Employ­ee for $20.00 an hour. Motioned by Finn, Seconded by Russ, Passed Paul abtains

2. MOTION : to Approve Resolution 91923 A Authorizing Paul Harts­horn to work as Town Hall Employ­ee for $15.00 an hour. Motioned by Russ, Seconded by Mike, Passed Paul abstains

3. MOTION: to Approve Resolution 91923B Authorizing Mike Nikula to work as Town Hall Employee for $15.00 an hour/$18.00 an hour with own equipment. Motioned by Paul, Seconded by Russ, Passed Mike Abstains

4. MOTION: to Approve Resolution 091923C Authorizing Stacy Breden to work as Interim Housing Coor­dinator for $25.00 an hour. Mo­tioned by Paul, Seconded by Russ, Passed by unanimous consent.

F. Destruction Report:

I have provided the board members with a copy of the destruction report. Given our Record Retention from the MN Historical Society I am moving to destroy records from 1911 to 1970. There are 3 boxes that are water damaged and noted as such. Detailed Report At­tached Items will be burnt start­ing on 9/23/23

5. Motioned by Mike , Seconded by Russ , Passed by unanimous con­sent

G. MOTION: To Gift the Finland MN Historical Society the fol­lowing Items in 1 Standard 8×11 Manilla Envelope

● 1 check from 1911

● 1 check from 1912

● 2 checks from 1918

● 1 check from 1919

● 3 checks from 1920

● 4 checks from 1921

● 6 checks from 1947

● 3 checks from 1953

● 1 check from 1956 & 1957

● 3 booklet of Cigarette Li­censes 1975, 1986-1992, 1996

Motioned by Russ , Seconded by Mike , Passed by unanimous consent.

IV. MOTION: to adjourn the meeting at 8:37 pm until October 17th , 2023 at 7:00 p.m. at the Finland Community Center. Motioned by Mike , Seconded by Russ

Passed by unanimous consent.

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