GREENWOOD TWP- It may only take two to tango, but it takes three for a quorum to conduct a town board meeting here. And that was all the board could muster after two of its members, along with the town treasurer left the table last Thursday, Sept. 12, complaining that improper notice made the meeting illegal under state law.
The remaining three supervisors, chair Lois Roskoski, Craig Gilbert, and Paul Skubic then ran the meeting as scheduled.
The reason for the walkout, led by supervisor John Bassing, and joined by supervisor Rick Stoehr and treasurer Jeff Maus, was terminology. Based on the meeting’s posted agenda, and a notice that appeared in the township’s official newspaper, the Sept. 12 gathering was for a regular meeting. Bassing claimed that because the date of the meeting had been changed, it became a special meeting and had to be noticed as such.
In fact, Minn. Stat. 13D.04, Subd. 1 specifically allows for a change in the date or location of a regular meeting, although it requires that the same notice be given of the change as for a special meeting. Under the Open Meeting Law, the required notice for a special meeting must be posted at least three days prior and state the purpose of the meeting but requires no other specificity. The notice that the township posted online, three days prior to the meeting, included the full agenda for the regular meeting along with the board packet. The notice published in the official newspaper indicated the purpose was to hold a regular meeting.
No one disputes that notice of the meeting change was provided, but Bassing argues that it should have been posted as a special meeting and that failure to do so called the legality of the meeting into question.
This wasn’t the first time this issue has arisen in Greenwood. Indeed, the township had canceled their Aug. 14 regular meeting at the last minute, when Bassing told the board they were in violation of the open meeting law because it had not been posted as a special meeting. The board had rescheduled its regular monthly meeting at the previous month’s meeting, because the normal meeting date conflicted with the primary election.
But after that meeting, Roskoski said she had spoken with the attorneys and learned that Bassing’s interpretation of the law was incorrect.
Both Bassing and board chair Lois Roskoski claim to have gotten legal advice on the matter, and both provided some documentation to the Timberjay to bolster their claims. At the meeting, Roskoski said she had spoken with Minnesota Association of Township attorney Steve Fenske, as well as the township’s private attorney Mike Couri.
“Our attorney said nothing in the law says we can’t amend a meeting date during a regular meeting, both Fenske and Couri,” said Roskoski. The email from Fenske, which the Timberjay reviewed after the meeting, said “there is nothing in law that prevents the township from amending its regular meeting schedule as it sees fit. This means that as long as the town board acts within a town meeting, to amend the regular meeting schedule, the town can adjust its regular meeting schedule as it would like…It does not matter that it doesn’t fall on the second Tuesday of the month.” Couri sent an email to Roskoski saying he agreed with Fenske’s interpretation of the law.
Bassing insisted that under 13D.04, as well as training videos produced by MAT, that if a meeting date is changed it becomes a special meeting. Bassing’s interpretation of 13D.04 appears to be in error, since it specifically implies that regular meeting dates can be changed. A transcript of a MAT training that Bassing submitted to the Timberjay does state that any change in the date of a regular meeting automatically makes it a special meeting, however that transcript directly conflicts with the specifics of 13D.04 Subd. 1, which states: “If a public body decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that is provided in this section for a special meeting.” That language, on its face, does not convert a regular meeting into a special meeting, but merely requires similar notice.
“I regret that our township cannot follow the Open Meeting Law,” said Bassing before walking out last week. Stoehr concurred, stating “I have come to the conclusion this is not a legal meeting. I will not stay and possibly expose myself to a fine of $300.”
The Open Meeting Law does list a personal fine of up to $300 for any person who intentionally violates the statute. But as the township received advice on the matter from their attorney, who advised them the meeting was properly noticed, there was no evidence of intent to violate the law.
Minnesota Newspaper Association attorney Mark Anfinson, an expert on the state’s open meeting law, called the issue raised by Bassing “fairly esoteric” and said the meeting was likely legal as long as the change of date was made at a prior public meeting and entered into the minutes. The September meeting change was approved by a motion at the August meeting, and in addition, the township advertised the change of meeting date, and also sent out their regular meeting packet with the full agenda, three days in advance of the meeting.
Pickleball
Last week’s town board wasn’t all controversy. The new pickleball courts, completed in less than a year, garnered a heap of praise from resident Steve Zaudtke.
“On behalf of the pickleball players, it’s time to say thank you to the board and residents,” he said. “We have a quality set of courts, correctly done, an asset for our township.”
Funding came from the township (about 20-percent of the total cost), from grants (another 20-percent), and the rest was raised by both residents and people outside of the township.
Zaudtke said he had just taken up the sport, at the urging of his wife, and the best part so far was the social aspect.
“I found a welcoming group of people,” he said. “When someone new comes in, they are immediately welcomed.”
“These people are truly ambassadors for Greenwood,” he added.
The pickleball courts were due to see their first day of play on Saturday, Sept. 14, when the group was planning to gather in the pavilion for a picnic, followed by pickleball.
Birch Point Extension
The board reviewed a letter from the township attorney, who had reviewed materials submitted by the township and concluded that Township Rd. 4136/Birch Point Extension, is legally a township road. Township records show the township had requested hiring St. Louis County to plow the road back in 1992, and had continued plowing since then, well over the six years stated in state law that transfers ownership to the township. The township has also done brushing and other road maintenance over the years.
“Once the township assumes maintenance of a platted and publicly dedicated road,” Couri wrote, “it must maintain that road in a safe and passable manner indefinitely.”
“There is nothing the township can practically do to make it not be a township road,” Roskoski said. “We are obligated to maintain the road in a safe and passable manner.”
Whether that means doing a new coat of blacktop or turning the road back to gravel will be a township decision. If they do repave it, they are allowed to assess that cost back to the road’s property owners.
The township also has the authority to remove trees and brush within the 66-foot wide platted roadway. On areas where the actual road does not follow the plat, Couri suggested the township get those areas surveyed. The township can then determine what width of the side of the road is needed to safely store plowed snow, and can then maintain these areas with brushing as needed.
Roskoski said the township has no intention of clearcutting the entire 66-foot right-of-way.
“But I do see the need to clear brush so emergency vehicles can get down there safely.”
The township just spent almost $7,000 having the blacktop patched.
“The repair job was very good,” said Skubic. “This will save the road for quite a few years.”
No additional work is planned on the road this year, but supervisors said they will need to get the roadway brushed next year. They noted they had trouble getting a contractor for this job, especially after some property owners were angry with a previous contractor hired to do brushing and would not let them cut on their property.
The township will also need to find a contractor to plow the road since St. Louis County is no longer willing or able to do it, due to the poor condition of the blacktop and narrow width of the road. The road was paved back in the 1970s and paid for privately at that time.
The township will be drafting a resolution, to be presented at the Oct. 10 meeting, to formally accept Township Road 4136.
Other business
In other business, the board:
• Passed a resolution setting the 2025 levy at $300,000, which was voted on at the annual meeting earlier this year.
• Renewed their liability coverage at a cost of $14,021. The township still has not been able to get MAT to include liability with the other township insurance costs, due to past litigation.
• Heard a report from the Minnesota Department of Transportation about the parking lot helicopter landing area that was in the packet but not discussed since Maus, who also serves as fire chief, had left the meeting. The township had scheduled a call with a MnDOT representative, but apparently he was unavailable. The report showed numerous obstructions but most involved trees that were too high. The new pickleball court fences are not an issue. But the report does say the powerline in the area would need to be lowered, and the existing windsock would need to be moved. Right now the area is classified as an emergency landing zone, but the township is looking into having is licensed as a heliport, which would get rid of any liability for the township.
Other business from the August meeting:
• Approved hiring Jerry Sawyer to do maintenance at the town hall at $30 per hour.
• Discussed the township’s medical supply loan closet. Clerk Spicer asked for direction on what to do with the equipment and supplies, and she expressed concern there could be a liability if the township lent out equipment that was damaged or not in perfect condition. “We should not be a medical center here,” Spicer said. “I think it is a big liability.” But board members felt this was something the township was doing to help residents.
The board voted to retain the equipment, and loan it out as before. The township will let people know they should disinfect any borrowed equipment and inspect it to make sure it is in good condition before using it. Anyone interested in getting equipment from the loan closet should contact the clerk’s office or a township supervisor.