New Greenwood Town Board appoints Couri & Ruppe as new law firm

Greenwood Community Recreation Board excited to begin pavilion construction

TUESDAY, APRIL 12, 2016 — Tonight the Greenwood Town Board met, for the first time following the March 8 election, to reorganize. Coming on the heels of a lot of controversy over the change of the make-up of the board that meeting was marred with a palpable undercurrent of a lack of trust and tension. Tuesday’s meeting found the board relaxing into its new configuration and supervisors were noticeably attempting to work together in conducting the business before the board.

The first significant matter to come before the board was a presentation by Mike Couri, of Couri Ruppe, a St. Michael, Minn. law firm which specializes in representing townships and cities on their legal concerns. The board of supervisors opted to have Couri make his presentation before accepting public comments and turning its attention to the board’s other agenda items.

“We represent about 175 townships and cities, including Kabetogama, Gnesen, and Eagles Nest townships, here in St. Louis County,” Couri said. The firm’s primary business is 90 percent public works, according to Courri. “I’m sure that in 90 percent of the situations you are experiencing you will find we already have experience handling them. We work as a team and my partner Bob and I have the same philosophy, that you are a public entity and set policy for your township, my job is to help you with your policy.” Couri offered to stay through the majority of the meeting and provide, free of any charge, legal advice for the town board if it was needed.

Supervisor Dr. John Bassing, began to make a motion, “It is my distinct pleasure to again nominate Couri and Ruppe …,” when the audience began to murmur among themselves and someone interrupted with questions.

Indeed, many of the members of Greenwood’s regular audience were curious why the town board was looking at another law firm. “Why are you looking at another law firm? Didn’t you appoint one last month? Is the township going to have two lawyers now?” an unidentified audience members asked.

Couri offered to explain, “I talked with Tim Strom, (the township’s current attorney), and I’ve found myself in the same situation before. When a board is divided, like the situation is here, and two of the five board members doesn’t want the same attorney it creates a problem working for the board. Tim told me that it would be best for the board to go in a different direction‚” Couri said.

Board Chairman Rick Worringer said, “Tim and I talked after the reorganization meeting, and he suggested the change. Tim said, that ‘he would step aside,’ if we could find a different attorney, one that the whole board had confidence in.”

Supervisor Bassing returned to his unfinished motion and moved, “to hire Couri and Ruppe as the township’s law firm.” Supervisor Carmen DeLuca supported the motion. The board discussed the motion and Couri was questioned on a couple of points. Supervisor John Milbridge questioned, “do you work with MAT (Minnesota Association of Townships) attorneys?”

Couri said that he was acquainted on a first-name basis with MAT attorneys and that they enjoyed lunch together every six weeks, to two months. “My advice, since you are spending public funds, is to look at the MAT website first, then give them a call to see if your questions can get answered. They are cheaper than we are — they are free.”

Calling for the vote, the board unanimously decided to hire the new law firm, Couri and Ruppe.

Supervisor DeLuca then made a motion to have Chairman Worringer and Township Clerk Sue Drobak inform Tim Strom, in writing, that the township would be changing to the new firm, and thanking him for his service. Chairman Worringer supported the motion, which passed unanimously.

During the rest of the marathon meeting, the board of supervisors, and vocal audience took advantage of Couri’s proffered advice, and he found himself answering many questions and clarifying many issues before the board.

Upon opening the floor to public comments Jeff Maus spoke about the pavilion project. “Many people question my support. I support that full issue. I was at the meeting where the board opposed it. I’ve also been informed that there was an effort by three board members to secretly approve $25,000 for the project. I wish the project well, but I have to stand strong, against that kind of activity,” Maus said.

Bev Peterson voiced her concerns about the township’s website having not been updated to reflect the recent election of a new board member and township clerk, and the changes in office hours. “Who is responsible for updating the website?” Peterson asked. Planning Director Julia Maki explained that she made the actual updates on the website, but that she did not write the content and needed to receive direction from the township clerk before making any changes.

Peterson also was concerned about the warranty for the planned tennis court paving. “I’ve brought this up several times, it’s too expensive to not have a warranty,” Peterson said. Chairman Worringer said that he would investigate the possibilities of a warranty and update the board at its next meeting.

An unidentified township resident questioned the board on the receipt of a $9,878 grant from The Iron Range Resources and Rehabilitation Board which will be used for some of the expenses of the pavilion project. “How does the township apply for a grant without authorization?,” they asked.

It was explained that the organization building the pavilion, Greenwood Community Rec Area, Inc. had formed a non-profit corporation, and that the organization had applied for and received the grant. Township attorney Couri explained, “That’s a non-profit organization, separate from Greenwood Township. They can apply for grants without township approval — they received the grant, not Greenwood Township.”

Marilyn Mueller spoke directly to Supervisor DeLuca. Mueller said, “I’m reading from your campaign flyer and it says that you said that you are for ‘Honesty and Integrity.’ Then it says that you had served on the board for six years and then took some time off for a vacation, when in fact you lost an election — its not the same thing, taking a vacation and losing an election.” Mueller continued, “What I want to know, will the Carmen that serves on the board be the first paragraph, or the second: not transparent and honest?”

Supervisor DeLuca, answered, “I don’t know where you are going with this, so I won’t comment.”

“I hope that you will be honest and transparent, integrity is so important,” Mueller said.

“Two hundred-forty people voted for me, so I guess they believe I am,” Supervisor DeLuca concluded.

Turning to old business, Chairman Worringer suggested that the board, ”lay on the table,” an agenda item regarding reviewing and amending board policy. Chairman Worringer said that he favored waiting until the full board was present, after Supervisor Gene Baland returned home. DeLuca moved to table the matter until the May meeting of the board and Supervisor Milbridge supported the motion. The motion passed with Supervisor Bassing making the only dissenting vote.

Representing the Greenwood Community Recreation Board, (Greenwood Community Rec Area, Inc.), Dean Panian provided a detailed report on the organization’s activities and plans for the pavilion, to be built on townhall grounds this spring. Panian said that he was quite pleased and thankful for the great support and numerous contributions the non-profit organization had received in support of the project.

Gene Baland offered to petition the board for $25,000, Panion said. “But I said, no! We’ll ask the town board for $10,000 and do it. And if the board doesn’t want to give that, we’ll just go ahead and do it anyway. We have raised $31,025 — people have been very generous.”

The community recreation board is working on building holy boards and sewing bean bags, and with the bocce ball courts, permanent barbecue grills and other amenities it is expected the pavilion will provide many recreational activities for township residents.

Panian reported that he hoped that the town board would approve the suggestions of the nonprofit as to color and material schemes. They suggest the project be built with the best materials. Exposed wood will be coated with Sikkens stain, unarguably the best product available for any northern Minnesota building. The roof will be covered with variegated brown architectural shingles, and the fascia and soffits will be brown. Real stone veneer will cover the foundation posts and polished limestone will be used for counters. “I expect the pavilion will only cost $2,000 to maintain over 30 years.” Panian said.

Costs for the total project are estimated to be $63,970. The town board previously approved $10,000 in expenses. Subtracting the township’s $10,000, the IRRRB grant, and contributions, the pavilion project still needs to raise about $13,000. “I want to make sure every one is thanked for their support and generosity,” Panian said. He proposes to order two bronze plaques, one to commemorate the in-kind donations of area construction firms, and one to commemorate individual contributions. “I expect this will cost about $7,000,” Panian said, “but I want everyone to be acknowledged.”

There are three fundraisers planned to raise the necessary additional funds needed to complete the project. Everyone is asked to mark their calendars:

• All You Can Eat Pizza Party and silent auction, May 7 at the Vermilion Club

• Spaghetti Feed, May 21, at the Greenwood Town Hall

• BBQ Rib Dinner, July 9, at the Greenwood Town Hall

At the conclusion of Panian’s detailed presentation, Jarri Ankrum, Panian and other representatives of the community recreation board presented the town board with a giant check for $15,000, the first transfer of monies to be used to pay for the project expenses.

This could never be possible without the work and direction of Dean Panion,” Ankrum said. “Dean wants everyone to be happy and positive, and so we are committed to being transparent.” Out of 309 responses, only 50 were negative, Ankrum reported. “This represents only 16.2 percent negative, and 83.8 percent positive,” Ankrum said. Fourteen people said that the pavilion was not needed, nine complained about taxes, three believed it was a waste of money and three said it will never be used. “We are already hearing from seasonal residents that they are looking forward to enjoying family events at the pavilion,”Ankrum said. Over 30 of the negative responses came from people with Tower area postmarks. Seasonal residents are overwhelming in favor of this project, according to Ankrum.

Following the presentation the town board approved the project, the reported color scheme, material choices and all of the details as outlined by Panian and Ankrum. The board of supervisors support was unanimous.

“Make sure you apply for a building permit,” Supervisor Bassing cautioned, “otherwise we will get complaints, there is no cost for the building permit, but it has to be filled out.”

Lengthy discussion was held between township residents, the town board and Greenwood Community Recreation Board representatives on how to handle spending the money. It was explained that the township could save a lot of sales tax expense for the pavilion project if it handled the money. Township attorney again earned his keep by answering many questions in an effort to keep the township in compliance with all the legal requirements. It was decided that the township would accept funds for the project and pay the bills and cover builder’s risk insurance and workers compensation insurance for the project, with the expense being reimbursed by Greenwood Community Rec Area, Inc.

Supervisor Bassing took umbrage with the St. Louis County Deputy Sheriff’s report regarding the locked office incident on March 18. Supervisor Bassing did not like the suggestion that HIPPA had anything to do with his law suit against the township. “JoAnne and I never sued over HIPPA, it was a data practices issue,” Supervisor Bassing said to applause from some residents in attendance at the meeting.

Chairman Worringer told the board that he believed the deputy sheriff didn’t fully understand the nuances of the disagreement between the township employees and two supervisors and between the supervisors themselves.

Several agenda items were tabled, to be placed on a future agenda, including:

• walking trail

• charge for audio copies of meetings for supervisors

• establishing a township policy for HIPPA documents and other township documents.

In other action, the board of supervisors:

• approved the March 24 re-organization meeting minutes

• received and approved the Treasurer’s report, noting that the township currently holds $609,816 in checking; $251,121 in long term investments; and $319,675 in savings for a total of $1,180,613

• approved paying claims against the township totaling $24,255

• discussed data privacy issues relating to township files, and learned from Supervisor DeLuca, that the Minnesota Association of Townships is encouraging a liberal policy of making documents available. Township Attorney Couri noted that the township could set policy and establish reasonable charges to fulfill data requests

• approved spending $1,000 for a personal training, to take place at Greenwood Town Hall on Friday for the clerk and treasurer

• discussed obtaining a new phone and arranging a computer service contract with Mark Wilcox

• approved liquor licenses for Timbuktu Marina; Shamrock Landing; Gruben’s Holdings, and the Vermilion Club

• discussed hiking and biking trail culvert repair

• received the monthly Fire Department reports from Fire Chief Dave Fazio. The Fire Department responded to 10 EMS calls, and two fires. “We had 100 percent response,” Chief Fazio reported. Discussion was held on Red Cross sponsored free smoke detectors and the department is working on a fire extinguisher program. Additional details will be provided in the future

• received the Safety report from Jet Galonski

• discussed the need for the fire department relief association to post its meetings. Supervisor Bassing reported that there have been violations of the Open Meeting Law because meeting postings had not been made, and that the problem needed to be corrected. Chief Fazio said that he will see that the correct postings are made to the town bulletin board in the future.