all right it's 7 o'cl we'll call the meeting to order for the Whitebeard Township uh Board of Supervisors we have an agenda for the evening are there any additions or corrections to the agenda no is there a motion to approve the agenda as submitted moved is second those in favor please say I I any opposed is there motion to approve payment of bills moved there second second those in favor of paying the bills please say I I I I any opposed uh the minutes for the January 20 2016 meeting are uh in our agenda packet tonight are there any corrections comments regarding the uh submitted minutes I I I saw no corrections I make motion to approve the minutes of the January 20 2016 meeting is there a second I'll second the motion motion is made seconded those in favor of approving the minutes of January 20 please say I I I any opposed that motion passes item five is a consent agenda there's two items on that uh Steve would you read those please yes agenda item consent agenda item 5A adopt a resolution to participate in the i35e corridor management team for 2016 item 5B call a special joint Town board SL Planning Commission closed attorney client meeting for Wednesday February 3rd 2016 at 6:00 p.m. at the township administrative offices at 1281 Hammond Road motion to approve those two items 5 A and B there second I'll second those in favor of approving uh the consent agenda please say I I I any opposed item six on the agenda is old business and the only item under old business is water efficiency grant and we're looking to review and authorize execution of the grant agreement and this is with the Metropolitan Council bill is that yours yes the grant is for $24,000 which is a 75% Grant 25 5% match by the township for $8,000 pursuant to special funds available made through Metropolitan Council for water efficiency we announced the um providing the grant at the last Town board meeting and gave an overview of it um this tonight's action is actually to receive the grant agreement and um receive it approve it and authorized signature so nothing in this has changed from the uh acknowledgement and announcement of receipt of the grant the town attorneys had a chance to review the grant agreement and uh his comments are on pages 25 26 and 27 um and we've reviewed each of the comments a lot of them are just sort of notes uh and clarifications uh specifically though there is some language in our application which which is an exhibit included in the grant agreement that has a time schedule on it and the very beginning of the time schedule um in our Grant application indicated that we expected the town board to receive and approve the grant agreement on January 20th but we didn't actually receive it until we could the soonest we could put in front of you was tonight February 1st and so I contacted the grant manager of this uh of the grant process the grant administrator meton Council and he said that um the council acknowledges that getting the grant agreement out to us took more time than they thought and they will not hold us responsible for meeting the deadlines which we couldn't meet because we didn't have the agreement will they reissue a whole new timeline for all these no what he said is we could modify the timeline that's at our discretion we can modify it so basically we can just prate all these February one deadlines pushing lot actually a lot of the other deadlines don't have to change it's just the deadlines that go through um January 21st that it be changed the rest of them we can satisfy well know you had you had a number of action items on February 1st so obviously we can't do that we can change the those dates to February second yeah whatever is appropriate does that change the end run of August 30th 2017 no and that's not a concern of ours okay Chad did you have any other issues or not really I think Bill's highlighted the important points is keep track of that deadlines make sure we follow the guidelines also the staff has to be aware of the reporting requirements make sure you follow those should be fine there are no real traps here just okay just be careful and and Bill I know we've talked about this before but just briefly for the benefit of residents watching the meeting here could you go over the the basic concept of what this what these Grant monies would be used for who would uh who would receive these grants and uh what kind of Grants yes of Grants would be distributed fact I've got a hand out and I'll read it but pass this down to the town board to bill is the 8,000 for the Township's part that come out of sewer and water fund yes all right in the overview mpal Council through funding from the Clean Water land and Legacy amendment has awarded the township a water efficiency grant the goal of the grant program is to improve Municipal Water use this grant funding has enabled wi your Township to provide rebates to our residents who replace EX existing devices with specified water efficient products through June 30th 2017 the rebate program is provided provides that uh it's only available to Whitebear Township Water Utility customers with non- delinquent accounts the product must be installed at the address listed on the account the product must be purchased between September 30th 2015 and June 30th 2017 so there are some folks who may qualify for the grant who actually acquired them prior to today and that's a clarification that we got from the mol Council staff in the last couple weeks the product was you know uh expenses eligible for the rebate are the out-of-pocket cost of the product and its installation only not to include any owner labor cost in addition new construction and new developments are ineligible as the program is intended as a current infrastructure replacement program the rebate is for 100% of the cost of the item up to a maximum of $150 for energy star washing machines $200 for water sense toilets and $200 for water sense labeled irrigation controllers and then we go through a proc process on how to apply I don't think I need to go through that and uh so this document will be on the Township's website yes okay we've had uh some inquiries already have we not bill as to this program lots lots lots um maybe 20 that's good I know it was on the website or the Facebook page immediately so yep we've already placed a lot of this information out okay any uh any questions for Bill no so what we're looking for and like I said we we've we've gone through this before and then nothing has been really changed so what we're looking for is to approve a resolution to uh accept and execute a clean water fund Grant agreement and there is a resolution drafted for your consideration that's on on page 28 28 of the packet okay uh just one clarification now if obviously if the 24,000 isn't used it's returned to Med Council correct yes and so out out of the4 not that it's returned where it's it's a reimbursement program so we only get reimbursed up to 25 all right I got you and then okay so we don't have to worry about where that money would sit in what fund okay and if the state pulls pulls the money then the program they're not on the hook the Met council is not on the hook for any of it at this point or us okay all right I would move uh to approve the resolution for the Metropolitan Council clean water fund Grant agreement number SG 04418 you know and authorize execution of the document uh yes okay is there a second second motion's been made and seconded those in favor please say I I I any opposed all right so now we can start saving water soon okay item seven on the agenda is for new business and the First new business item is the 2016 seal coat project there's two parts to that Dale is that's yours good evening supervisor keres and pron and Rusk yes that is my item uh we're going to continue the program as we have for the past several years the seal coat pro project this year the area includes um the area from cville Road West to the railroad tracks North of Highway 96 the area south of fox metal Park in the 2011 uh reconstruct area and east of Whitebear Parkway East on Whitebear Parkway and west of Oak Lane uh including Whitebear Parkway from bble road to Oak me Lane that portion of white PA Parkway Constellation Drive Anderson Lane Province Lane sax a court and uh Barry Lane and Bartell Court the portion of Barry Lane would be just the portion a few Lots North of the culac bar L um the specifications the only thing that's changed from last year's the dates uh the start date is July 11th targeted start date it would take typically takes three to four days for the town to once they start the seal coat and that July date is based upon staff's ability to get the preparation work done ahead of time and anticipate for the work for the seal code application and then the completion date is August 5th so they could you know typically it started right around that Target date Last 5 Years um we have $110,000 budgeted in the CIP for cracks seal coating crack sealing and Engineering cost we have not encumbered any engineering cost in the last few years uh most of it's been just directly applied to the seal coat project and the crack sealing work so I anticipate this year's project will be cost rough estimated at $95,000 leaving $155,000 for seal coat or crack sealing so depending on the bids I could have more crack se you know more money to do more work or I may have to reduce the scope of work if so come in higher okay we're committed to that $110,000 finance officer says that's stick with that number okay okay uh any questions for dale dale on Whitebear Parkway north of bbo is part of that shared with the city we I'm sorry we don't we start right at bbo and go south around or south I mean but is that there's a section there is that part of the city on the other side of the road on it's I want to say if it is it's portion of the small portion a little Cliff of it might be uh benites you know I me yes oh be benites not white bear benites yeah well I mean just us I mean it does that mean they would be involved or help caution here I can talk to their Public Works director well I I don't know how much of it is I guess I've never looked at the the fine line of the the map this it's a good point to bring up because this is the first year we've uh seal coded that roadway because it was rebuilt in 2011 so what's the option there if they declin to participate you just start seal coding off of the parkway we could just do our half of the road I hope it doesn't come to that nah I think I think we can work between the two City town and we have excellent cooperation with the city of vanites and their engineering I expect it'll go smoo yes okay that's a good detail to pick up though all right any other questions soale I'm sorry okay so Dale you're looking for two action items and first is to approve the plans and specs for the project and then the uh second is to authorize for bidding solicitation of bids correct okay I'll make a motion based on the public work director's review and recommendations for first action to approve the plans and specifications for the 2016 seal coat project as outlined on the maps included in the meeting packet with funding uh from the Township's Improvement fund 505 and go ahead I'll second the motion okay motion's made and seconded to approve the plans of specs those in favor please say I I any post and the second item action item requested based on the Public Works director's review and recommendation authorize the advertisement for bids for the 2016 seal coat project and set the bid opening date for Thursday March 10th 2016 at 9:00 a.m. in the town administrative offices is there a second I'll second motions made and seconded to authorize the adment for bids those in favor please say I I I any opposed motion passes and Dale your next item under new business is the radio re purchase for Township water meters that is correct going to continue the program that we started here three years ago and this will be the fourth year uh we roughly got half our radios in at this point working with uh theity billing to clarify where we're at exactly but that estimated at half we um are going to purchase another uh group of 300 uh touch Couer mounted radio Flex nut radios to mount over these Flex touch cff mounted ones fit right over the existing touchpad and then we have to program them the process takes about 15 minutes a site and then we um move on and then utility building will add those into the radio route once it's done taking it off the touchpad read so it's just just uh just a something we've done for the last couple years just continuing on so we're going to we're still on track to finish this up by the end of next year I'm hoping sobody on Mas I'm going to work with utility billing make sure our numbers are correct okay and it's the same physical process that we've to install these radio reads they're the same radio reads we've been installing the connection is going to be the same process the homeowner is very rare see very much if anything yeah what they will see is they they'll see a one of our employees at their house on the exterior somewhere where the touchpads mounted placing the unit on over the touchpad and taking and programming the unit it's about 15 minutes we I do believe we've been sending out a notice with the utility billing um on the touchpad installations and we put on our we can put it on our website too any other questions so your action requested is to approve the purchase of the readers correct from HD Supply okay is there a motion to that effect uh I'll make a motion based on the public work director's report that he provided at the meeting uh and reviewing recommendation approve the purchase of 600 not 300 mxus from HD Supply for up to $69,000 with funding Prov provided by the water fund noting that this is a continuation of the phased installment of the radio read devices that we've done previously okay there second I'll second motions made and seconded to approve the radio read installations those in favor please say I I I any opposed all right that action item is completed thanks D all right are there any there's no additional added agenda items that brings us up to open time and I see audience participation here and I will ask for any presentations please introduce yourself with your address well my name is Mike Downey 2569 sou bouard in Township my name is Tom Snell 26 95 Southshore Boulevard in white be Township I got to turn the mic on Kenny you just wanted to get on camera okay thank you is it operating or should we just use the other mic okay all right let's try this again Mike if you'd introduce yourself one more time trying to you can do it right he's on again my name is Mike Downing uh 2569 Southshore Boulevard in Whitebear Township and my name is uh Tom Snell I'm at 2695 Southshore Boulevard in Whitebear Township thanks as you know Tom is the executive director for the uh White Bear Lake Area Chamber of Commerce as well as a member of the friends of White Bear Lake uh I'm a member of the uh lake level resolution committee for uh the Whitebear Lake Conservation District and I'm a uh recent uh addition to the Friends of Whitebear Lake as I understand it the Whitebear Lake Conservation District uh approved a motion in April of 2015 to become the Fiscal Agent for funding uh from the uh state of Minnesota and that Fiscal Agent uh requirement would be to if funds were made available through the state of Minnesota that they would uh be the uh agency responsible for the construction uh as well as the maintenance of an augmentation system to the lake to address the lake level issue uh now on uh the wiper Lake Conservation District at their November 17th meeting had a further discussion of what what it means to be a Fiscal Agent they talked about joint Powers task force so at the February 16th meeting uh in just a couple of weeks uh they will be addressing it in more detail with a resolution from uh the Conservation District Attorney of what additional Powers they would require to become the Fiscal Agent because it's very explicit in the formation the Conservation District that water quality is one of their responsibilities but water quantity uh is silent uh in in the formation so they will be making that request of the uh legislature at the present time uh the representatives from our dis our area and senators from our area will be submitting uh bills to to the legislature for the 2016 bonding bill that will include uh the construction the design engineering construction and the maintenance of uh augmentation very similar to what has been done on snail Lake as well as Gil fillan Lake and uh we are making the assumption that uh the state will be funding 100% of the construction cost the design costs the engineering costs and the maintenance costs if we were to go forward with augmentation at the November 17th meeting uh of the Conservation District a motion was made to uh to authorize legal councel to grant that uh develop the uh language to get the expanded Authority required as I indicated the new language will be reviewed at the February 16th meeting uh so theoretically you have tonight's meeting as well as the is it February 15th you have the next meeting yes for the board yes to uh discuss uh and to maybe make a motion oh I'm sorry Mike yeah that's right we have a holiday on the 15th so it's February 17th Wednesday of that week Wednesday still thank you for letting me know because I was thinking you uh on your website it just kind of look like you those are the two dates but usually they are but Monday February 15th is a Federal holiday so we slipped two days well it's important that it came today then because we would like uh to make a spe special request of this board to support uh the White Lake Conservation District to become the Fiscal Agent they the Conservation District is the only body that encompasses all the communities around the lake it's the only uh uh entity that has responsibity for for both Washington County and Ramsey County and are in the in the best position to be the Fiscal Agent if uh the Conservation District is not the Fiscal Agent it means that we will not be getting the funding out of the 2016 legislative session means that uh we will have to wait until the 2018 legislative session which is the next bonding year so it's important that on February 16th the Conservation District reaffirms their role as fisal agent and in doing so we would like to to propose that this board uh uh have either a motion to that effect or a letter to that effect of your support of the Conservation District to be the Fiscal Agent let me ask you to say that right uh as I indicated no uh augmentation would occur unless we have 100% funding by the state uh the friends of white Whitebear Lake see no other option at the present time for uh funding uh except for State funds with that uh I turn it back to you to see if you have Tom any other just uh just wanted to uh reaffirm this that the uh that our proposal we have really strong bipartisan support for it we have uh um bonding legislation that is looking to be introduced by both uh representative Matt Dean whose District encompasses uh portion of Whitebear Township and also uh Senator Chuck weager who is one of the uh top uh senators from the other party who and he is on the uh finance committee of the uh Senate so there's broad support for this in our local community and uh again I want to reemphasize we need to get the uh uh the Fiscal Agent set up through the White Bear Lake Conservation District to make this happen we're not asking uh the Whitebear Township for any money this is not a process that we're asking for any financial support but just to let uh just to understand the need and to support the effort that if and and this is just if if we get the bonding support as we explained that the conservation board or District excuse me would then be the Fiscal Agent okay I I just had one general question in in these discussions were there any other options or Alternatives considered or proposed other than the Conservation District to be the Fiscal Agent uh yes uh but they would fall Beyond 2016 if you look at other uh organizations like Ramsey County as an example they have the timeline for Ramsey County to take legislative priorities and their strategic planning is a year to two years in advance uh for us to to reconsider the county to be the the uh Fiscal Agent would mean it would wouldn't be brought up until 2017 and the bond next bonding Bill uh session is 2018 and then the other so the only option that we can see at the present time is Conservation District the other thing too is that Whitebear Lake not only encompasses ramsy County but also Washington County and so really the only logical choice that we have is the white bear Conservation District because it represents all of the communities surrounding Whitebear Lake and again this isn't I want to reemphasize this is not a request for any funding from the White Bear Township it's just uh uh support for efforts to uh to have the Whitebear Conservation District be the Fiscal Agent well Mike I I thought at one time the conservation District didn't feel like they were big enough or staffed enough to even attempt this well they made the uh Motion in April that they would be the Fiscal Agent they're on record as doing that they are now uh looking into the details of more what it means but uh Harry milander is uh uh on the Met Council and he also is a member of friends of Whitebear Lake and he has indicated and others have indicated that the state when they release funds we'll make sure whatever a agency has the responsibility to be the Fiscal Agent has all the necessary requirements to be that and they may not have the engineering or technical skills necessary to do this but that can be contracted out to a variety of engineering firms and construction firms is that where your joint Powers agreements coming into play then to uh I think there's going to have to be because uh I I don't know the details but we're what what we are only asking for at the present time is support for them to be 100% a Fiscal Agent and that all the funding for this work would be done would be supported by the state of Minnesota so the Conservation District would not be authorized any additional taxation authorities they're strictly administering and man managing funds that would totally come from the state under your proposal exactly we we see uh no other taxing Authority uh required it is just we taking State funds and administering those State funds per contract to engineering and construction firms and then engineering firms to maintain it uh I want to I want to add real briefly to that um we look at uh we look at this as being a um a venue to both uh help wipe their Lake you know gain water and also an opportunity for support for our aquifer because ultimately the water periat down into the aquifer and then there's less of a need to look at issues like um going over to uh to surface water uh because we think that this would help offset uh potentially that that um that desire by certain parties and well the only question I have is you know they're having their legal counsel look at this and that's not if that's doing that on the 16th we're that that is that is what they are going to either reaffirm the April uh or or possibly retracted but at the present time if they retract it and there's no other alternative to be Fiscal Agent those funds would not be in there Y which then starts the clock again in August of 2016 for the settlement agreement and uh the settlement agreement calls uh very specifically by August there will be a phase one uh funding of a phase one plan to switch to surface water now we see this as an a good alternative and if just uh bear with me and we're not part of the lawsuit I want to be neither of us are but yeah any way uh let me just are either of you members of the homeowners association or the res theoretically being homeowners we are but we were not part of that at all at all we were never asked to be part of it we were asked never attended any meetings don't actually you're part of you're part of two you're both you are you are on both the um uh complainant side and the respondent side because as members not on the plaintiff side at all because we're not we're not to me other than your members you're members of the homeowners association you know I think you know at some other time we can talk through how that was formed and who was involved in it because not all homeowners were engaged in participating even asked to I was never asked I was never asked and never attended anything and never gave any money I'll ask I'll ask the town attorney also let me B in I'll ask the town attorney to feel free to jump in if we touch on or start talking about any sensitive issues regarding the lawsuit so they're not yet you haven't but all right I'm sorry go ahead but there's something has there's something has to be pointed out this this plan that uh is being proposed is not part of the settlement agreement and actually would not in any way satisfy any of the obligations of the defendants under the settlement agreement they're actually has to be a separate plan proposed separate study proposed dealing with the conversion to surface water augmentation has nothing to do with that yeah the only reference if I may the only reference in the settlement agreement to augmentation is the fact that the associ the interveners and the pl plaintiff's interveners reserve the right to petition the legislature for augmentation augmentation has is not in fact is actually opposed by the DNR the town and the City City took no position on that whatsoever but in terms of the DNR they oppose they still oppose augmentation so just so we're clear augmentation will not satisfy any of the obligations of the defendants and the defendant interveners under the settlement agreement let me whole separate set of activities exactly let me make a comment for what I have understood uh from uh one of the members of uh of the organization that was a plaintiff and I don't know the this name but I'll just relay the information that I received that dick Allen who's the lead co-consul for the Whitebear Lake uh restoration Association in the lawsuit with the DNR has said to the Whitebear Press newspaper that obtaining funding for augmentation could result in a permanent end to the lawsuit uh he's a very smart and thoughtful individual who would not say anything to that degree if he didn't believe this was the case that they the plaintiffs would uh remove themselves from this uh lawsuit if the funds are available and the construction would proceed forward and my response to that would be I don't disagree the plaintiffs and the plaintiff interveners always have the right to dismiss their lwuit at any time they wish however under the ter under the framework of the settlement agreement augmentation does not satisfy the obligations of the DNR or the other defendant interveners which would be the township or the city there are still both the uh the defendants especially the DNR is required to propose to the legislature a a request for funding of the plan to switch from drain from Wells to surface water yep in fact they referred to as 1 a and 2B in the settlement agreement and that is required as uh and funding uh would be done in the 2016 legislative session and there's a milestone of August I don't know if it's August 16th in the settlement agreement that uh plaintiffs have to have that in place to move it forward we're moving off into the just say we're starting to stray a field here from basic request the request is to support the Fiscal Agent uh the white bir Lake Conservation District being the Fiscal Agent and wondered if you have any other questions uh one way or the other uh uh according to that request I have one other question what other communities have you met with and and where are they at with this same process well we are doing the same thing with the the city uh one of and uh we've met with uh Bill Walsh one of the city councilmen we're meeting in another week with uh Joe Emerson from the city and someone else is meeting with the uh the uh uh new city manager of White Bear Lake they're doing they've met with Delwood they've had they're having a meeting with Matt Dean and others with u midi probably uh uh later this week or early next week so all those things are are being done at the present time so we're the we're the first Contact are you're the first Contact because of the the the meeting today okay and uh Bob I'm glad that you uh sent that email to me because you know we would not have been able to uh meet prior to the February 16th meeting and get your approval uh any other quick questions uh just just one um Mike have you seen this SE report on I've read it in detail okay uh is this what's going to be submitted for the bonding amount uh I would say that uh I would doubt that figure would be submitted in the bonding Bill there are other uh uh quotes being prepared at their present time uh and there's a there's a lot of Silence in this report uh as I said there's there's no reference to the experience in snail Lake as well as in uh gilfield and Lake what the costs actually were to operate and to maintain and uh the cost as you know from snail Lake uh was $60,000 a year for two years and they've shut it down after two years because the lake filled up so uh it's remark as a as a former engineer I'm uh amazed that uh engineering firms and two others that reviewed it did not uh include uh actual examples that of what we're trying to accomplish as case studies in this engineering report where I was going with this is if there were contingencies if if that's not accurate enough if it's overruns or well what are they going represent F going to come from representative Dean at uh 3 weeks ago at the white be Lake uh government Affairs whitee Lake chamber uh of Commerce government Affairs committee meeting said well is this going to be a Chevrolet or a Cadillac uh uh quote and he said uh uh it'll be more like a Bentley or a Lamborghini and obviously 55 million it's it's a Bentley or Lamborghini uh quote so we're we're going through it but let me just uh reiterate it's going to be 100% funded by the state uh and and or it won't happen won't happen yeah okay well what what all we can do tonight Mike and Tom is is receive a report and your request uh we really can't take action on it uh but we can receive it and and receive it for consider a continuing consideration on the part of the the board instead yeah now uh what does that mean in relation to February 16th cons we have a pretty tight schedule pardon it means we have a pretty tight schedule but uh it's going to be a tight schedule no matter what if you're still visiting with three or four more communities uh uh and the elephant with is snout Under the Tent that is getting at are we talking about a $60 million project or a $20 million project project or or what and and uh there's a lot of moving Parts yes that have been described in in other meetings and presentations and it's hard to get our arms around all of them so at this stage I wish there was a nice clean easy answer but I don't I don't think there is today okay but at least at least we can receive the report and I'll ask for a motion to do that and uh that'll that'll put it on our table for fut for continuing consideration discussions okay Mr chair if I may you understand that that's all they can do is receive the report they can't adopt any resolutions tonight that would have to be a future meeting yeah I would do it if it was me but I no you unfortunately you can't you can't so with that I'll ask is there a resolution to that effectes resolution motion I'm sorry is the board inclined to make a motion to that effect John I'll move to receive there second and I'll second it motions made and second it to receive the report those in favor please say I I I I thank you gentlemen okay if there's no other open time just I have something for open time unless just gentleman sitting in the back has something at the last second I guess you have it all right I happen to see something in the Whitebear press looking back it's called mataska Memories for the week of January 24th 1991 when Bill malinin Whitebear Township Clerk Treasurer resigned late last year to accept a position as a city manager of a sunny California Community Town planner Economic Development coordinator Bill short also became the active clerk treasur after juggling both jobs for several months the town board has given him given him took him up on his offer to become the permanent Clerk treasur and planner and instead of hiring another planner hire someone to handle the community financial and Public Safety duties oh how time has flying 25 years you're into paper Bill what a memory you wear a lot of hats things have changed changed I was around then you had darker ha them too L miles blond all right if there's no other open time issues is there a motion to receive agenda materials and supplements so moved is there a second second those in favor please say I I any opposed is there a motion to adjourn move second I'll second we are adjourned