November 23, 2011: Special Board Meeting

Approved By Board

MINUTES OF THE TOWN OF BARNES

SPECIAL TOWN BOARD MEETING

OF NOVEMBER 23, 2011

The meeting was called to order at the town office at 10:00am by Chairperson Lu Peet. Members of the Board present were:  Chris Webb, Mitch McGee and Lu Peet.  Jack Meinke arrived at 10:05am. Donna Porter was not present. Also in attendance at the meeting were Bob Lang, Barnes Highway Foreman and John Carlson, the Town’s Attorney.  The notice had been posted as prescribed by law.

Mr. Carlson said that we needed to look at the property in dispute (Smart Road area) before making a final recommendation on action. We need to see the actual geography as well as the maps. He also said that before we commence doing any roadwork at that site, we need to do a “declaratory judgment” to prove we have the right to do so. [He cited a case involving the Town of Bayview and the problems they ran into.] The Board will then give the Attorney the authority to file this lawsuit.

The Board and the other 2 men went out to the site at 10:15am and arrived at the site at 10:32am. Bob Lang went out with the metal detector and found 3 of the 4 metal property stakes. The 4^th stake is presumed to be under a large rock at the site. The width of the area was walked off and pictures were taken. No physical structures, fences or other posts were found.

The Board and the others then left the site at 10:52am and returned to the office to finish the meeting at 11:05am. Mr. Carlson said that he would be meeting with Kyle Torvinen, the Attorney for David O’Shaunessey at noon to try to work out a compromise. Mr. Carlson will get back to the chairperson, Lu Peet, with the results of this meeting.

Mr. Carlson suggested that the Board make a motion to give him the authority to start the lawsuit. Motion (Chris Webb / Jack Meinke) to have the Attorney John Carlson file a declaratory lawsuit if the O’Shaunessey’s are not agreeable to the issue that the town has 66’ right of way in width as a town road terminating at the 3/4” iron pipe that is located approximately by the large rock as shown on CSM #971. Call for discussion. Roll call vote was taken: Chris Webb, yes; Jack Meinke, yes; Mitch McGee, yes; and Lu Peet, yes. Motion carried.

Motion (Chris Webb / Jack Meinke) to adjourn the meeting. Call for discussion. Motion carried.

The meeting was adjourned at 11:15am.

Respectfully submitted,

Lu Peet

Acting Clerk of Record

Dated this 26^th day of November 2011