We the PEOPLE

Letter to the Editor;

During the week of December 14 the good citizens of Lent Township got to witness and experience the BEST and the WORST of Representative Government.

Monday, December 14 saw over 200 citizens of Lent Township and nearly 100 citizens of nearby communities gather at the Lent Town Hall for a Special Town Meeting. The meeting was called by a petition signed by 132 Township electors, who wanted their first REAL opportunity to hear, discuss and vote on the proposed 726 megawatt Sunrise River Energy Station. That Meeting was moderated by a citizen selected by the electors attending and was conducted in a courteous and professional manner. All sides of the issue were presented and discussed. At the close of the meeting 80% of the electors voting (163 souls) said NO to the Town Board signing and approving a Development Agreement that would allow Sunrise River Energy, LLC a 90% reduction in their personal property taxes for the proposed power plant. The meeting seemed a triumph for “grass roots government”.

The very next night, December 15, the 3-wise men serving on the Lent Town Board met to vote on the fate and well-being of the good citizens of Lent Township. Two pre-prepared resolutions were presented to the Board by their special attorney, whose fees were being paid by LS Power/Sunrise River Energy, LLC, whether or not the Town Board approved the Development Agreement. The draft resolution approving the Agreement was lengthy and convoluted. It declared that the good citizens of Lent Township had been given 2 separate and adequate opportunities to publicly hear and discuss their concerns. The first was held on July 22 at a meeting totally under the control of the special attorney whose fees were being paid by LS Power/Sunrise River Energy, LLC. The second was conducted on October 19 at a meeting hosted by the Chisago County Board of Commissioners. The hundreds of citizens from Lent Township and greater Chisago County that attended those meetings surely came away with a different understanding of “adequate opportunity” than the special attorney for the Township.

The resolution seeking approval of the Development Agreement went on to state that the Special Town Meeting called by the petition of 132 electors of Lent Township was unnecessary and illegal… since they had already been given adequate opportunity to hear, discuss and voice their concerns and desires. Following a motion by Supervisor Lyle Johnson and a second by Supervisor Mike Olson, the resolution to adopt and approve a Development Agreement and a Host Agreement was passed by a 3 to 0 vote by the Board.

Following the Board’s action, Supervisor Lyle Johnson then offered a motion to individually charge the person who delivered the petition signed by 132 electors of Lent Township to call a Special Town Meeting a total of $742.85 to cover the Township’s expenses and fees for allowing an unnecessary and illegal meeting to be held in the Town Hall. Supervisor Mike Olson quickly seconded the motion. However, Chairman Gene Olson wisely suggested that the Board should discuss this matter further at a later date. It remains to be seen if that messenger will be charged for delivering the message.

There is ONE paramount question that needs to be asked and answered… Is this the kind of government the good citizens of Lent Township deserve and expect? Do “We the People” give just 3 elected representatives the sole authority, discretion and power to decide our collective fate? That’s exactly what the Township’s special attorney alleges in his printed “opinion” to the Board… and remember, his fees were being paid by LS Power/Sunrise River Energy, LLC, whether or not the Town Board approved the Development Agreement.

The good citizens of Lent Township will have THREE opportunities to answer this question in the next 3-years: Tuesday, March 9, 2010; Tuesday, March 8, 2011; and Tuesday, March 13, 2012. These are the dates for the next 3 annual Township elections and Town Meetings. Will “We the People” choose to keep these 3 individuals or will we choose 3 new individuals with more consideration, courage, vision and wisdom? This time, the choice will be ours… NOT THEIRS.

David Milles
A proud citizen of Lent Township for over 35-years

LS POWER’S PROPOSED SUNRISE RIVER ENERGY STATION INFORMATION

Guest Commentary by Concerned Citizens of Chisago County

There has been a lot of misinformation going around about the proposed LS Power Sunrise power plant. The information included here is factual and can be verified. This information is provided by concerned citizens of Chisago County who are opposed to the building of this power plant.

LS Power, a large private investment firm with principal offices in New Jersey, is taking steps to develop a 780 megawatt mixed fuel electric generating plant in Chisago County, Lent Township. The plant, which would be the fourth largest in the state, would use both natural gas and fuel oil. It will include one, and more likely two, emissions stacks in the range of 200’ high as well as large storage tank(s) for backup fuel oil. Fuel oil would likely be used during the winter months and other times of the year due to limited capacity of natural gas supply lines. As well, there are market fluctuations that make fuel oil the more profitable choice.

To gain perspective on what this plant would look like, see the photo of LS Power’s 837MW power plant in Batesville, MS. This plant is located in a heavy industrial park - there are no homes, schools, county or state park lands, anywhere adjacent to the area. The site of the proposed Lent plant is clearly a rural, residential/agricultural area – not an industrial park. The proposed plant would be located on a 40-acre parcel behind the old mink farm, next to the Chisago Co Electrical Substation on County Road (CR) 14, between CR 15 and CR 18, in Lent Township.

WHY YOU SHOULD BE CONCERNED

1. The plant would drastically change the rural character of Chisago County. Most residents of Chisago County place great value on its rural character. Chisago County’s Comprehensive Plan reflects this: “County residents have consistently expressed a desire for preservation of natural resources, rural character, cultural and historic resources, wildlife habitats and general open space.” The Plan states that the County will “prevent incompatible land use in agricultural areas”. The plant is also incompatible with the Lent Township Comprehensive Plan. Lent’s overall vision is to “apply sustainability principles and active citizen participation to preserve its individuality and natural resources, and to remain a rural community.” Lent Township’s plan strives to “protect and preserve the quality and quantity of water resources within and flowing through the Township.” A power plant in this location is clearly incompatible with both plans! The plant would significantly affect the rural quality of the landscape for miles in every direction. The night sky would be impacted by security lighting. Noise will be an issue, at a minimum, for some of the residents within a considerable distance of the proposed site. Supplying fuel oil would require a steady stream of tanker trucks on now lightly traveled rural roads. It would not be an unreasonable stretch to anticipate a scenario which would have the plant operating at peak capacity on fuel oil. In this event it would take more than 100 tanker trucks per day – traveling either through Stacy business district (CR19/Hwy 30/61) and/or downtown North Branch (Hwy 95 and CR14), passing by most of the public schools in North Branch. The use of fuel oil is certain to have impacts in this regard, as well as others such as noise and stack emissions. While the plant will require relatively minor new power lines to interconnect with the overall grid, the presence of this plant will serve as a major piece for the justification of implementing the construction of any-and-all of three already proposed large capacity transmission lines. The county would be further impacted by wastewater and gas pipeline corridors that would be required to serve the project. Power plants belong in industrial settings, not in the middle of rural landscapes.

2. It will consume enormous amounts of water. LS Power says that the plant will need up to 5 million gallons per day (MGD) of water to cool the plant when operating at peak capacity, an amount equal to all other water uses/day in Chisago County. “Typical requirements” would be 3.5 MGD. A fraction of this water would come from Chisago Lakes Joint Sewer District treatment plant (1.1 MGD) and possibly from the North Branch Waste Water Treatment Plant (another 0.4 MGD). The remaining water needs would come from groundwater. LS Power will be applying to withdraw an average of 2 MGD of groundwater, four times more than North Branch now uses. Moreover, this groundwater would be withdrawn from the high-quality Mt. Simon-Hinckley aquifer. Minnesota State law now protects the Mt. Simon Hinckley aquifer in the Metro counties for drinking and domestic use ONLY. This legal protection which prohibits industrial use does not include Chisago County. The proposed plant site lies over some of the most vulnerable sandy soils in the area. The Chisago County Comprehensive plan “Figure 3” actual shows the site in question as being in an area of “high to very high sensitivity” to aquifer pollution (pages 2-16). North Branch has recently begun drawing city drinking water from the Mt. Simon-Hinckley aquifer.

3. The plant would in reality have little positive economic impact for residents of Chisago County. It would, of course, generate enormous profits for LS Power, which is based in New Jersey. However, it would have little positive impact in Chisago County over the long run. LS Power claims that the plant would have “up to” 25 high-paying jobs, but admits that the most skilled operators would be hired from outside the county. For perspective, 25 jobs would be less than 0.2% of total employment in the county (based on the 2002 U.S. Economic Census). Payments to the County, Lent Township, and the North Branch School District in lieu of personal property tax would be $600,000 per year (with no inflationary increases). In addition, Rep. Kalin and Sen. Olseen introduced legislation (which passed) on behalf of LS Power this spring. This will, in effect, reduce LS Power’s tax bill from $9 million/year to only $900,000 per year. Combined, this adds up to less than 2% of the combined expenditures of local units of government within the County (the County itself, cities, and townships). However, the plant will decrease local property values (hence property taxes) for current residences and prevent future residential development. It would consume groundwater that could be used for other purposes, and shorten the lifespan of roads due to additional truck traffic. It might even reduce Chisago County’s $49 million/year (in 2006) tourism industry.

4. Wastewater from the plant could pollute the Sunrise River. The Sunrise River, less than a mile from the proposed plant, is a unique and valued resource to citizens of the County. Kost Dam Park is one of the most widely used and enjoyed parks in the county (swimming, fishing, paddling). The Sunrise River flows into the St. Croix National Wild and Scenic Waterway. The National Park Service recently expressed its concerns in a letter to the Public Utilities Commission (July 28, 2009) regarding the impacts of the proposed plant to the Sunrise River as a major tributary to the St. Croix. The Sunrise River is also legally “impaired” for phosphorus. The proposed power plant would discharge wastewater from its cooling towers to the treatment plant outfall at Blomquist Creek which flows into the Sunrise River. LS power now acknowledges that the wastewater will contain descalers (phosphates) and biocides (such as copper, chlorine). The power plant will require a state permit that would theoretically require LS Power to meet all water quality requirements, but experience has shown that meeting these requirements can be difficult.

CAN IT BE STOPPED BY LOCAL ACTION? YES!

Under a provision in Minnesota’s 2009 Omnibus Bill, both Lent Township and Chisago County must pass development agreements by a 2/3 majority before the plant can be built. Either entity could simply not approve any development agreement, preventing the plant from being built. Either entity could add restrictions to the development agreement (like requiring a full-scale Environmental Impact Statement to be done). The County, Lent Township, and LS Power are working on the development agreement NOW and could vote on it as early as late September.

Here are two things you can do:

1. Become informed. Read the local papers – there have been many informative letters and columns about the plant. Watch the North Branch and Chisago City papers for notice of public meetings about the plant. Go to Lent Township or Chisago Co. Commissioners meetings to get information, ask questions, share your knowledge, and make your opposition known in a simple, less than 3-minute, statement. County Commission meetings will be held on Sept. 16, Oct. 7 and 21, 6:30 pm, at the Chisago County Government Center, Center City. Sign in at 6:30 to speak at 7:00 during Citizen’s Forum. Lent Township Board meetings are open to the public and will be held on Sept. 15, Oct. 20, 7:00 pm, at the Lent Town Hall, on CR 18. A special workshop is planned for Oct. 19 at the Lent Town Hall.

For meeting schedule information and to download the Comprehensive Land Use Plans, go
to: http://www.co.chisago.mn.us http://www.lenttownship.com/

2. Contact your elected officials! Meet them in person, call them, or email them. A short email or phone call simply stating your opposition is easy to do and very important. If they don’t hear from you, they probably assume that you either support the plant or you don’t care. Here are the addresses and contact information for Lent Township Supervisors and Chisago County Commissioners who will be voting on this issue.


LENT TOWNSHIP OFFICE AND SUPERVISORS:

Office: Stacy, MN 651-462-3009
Lyle Johnson lylejohn@frontiernet.net 651-462-1358
Gene Olson (chair) clerk@lenttownship.net (address to Gene Olson) 651-587-3507
Mike Olson mike@mikesauto.net 651-248-0975


CHISAGO COUNTY OFFICE AND COMMISSIONERS:

Office: Center City, MN 651-257- 1300

District 1. Lora Walker lorawalker@hotmail.com (w)651-213-8831 (p) 651-462-2268

District 2. Rick Greene rgreene@co.chisago.mn.us
randijgreene@yahoo.com (w) 651-213-8832 (p) 651-583-2513

District 3. George McMahon geomcmahon@aol.com (w) 651-213-8833 (p) 612-964-6450

District 4 (chair). Ben Montzka montzka@aol.com bjmontz@co.chisago.mn.us(w) 651-213-8834 (p) 651-4624200

District 5. Mike Robinson mdrobin@co.chisago.mn.us mdrobin@wdemail.com (w) 651-213-8835 (p) 320-358-3223


CITY COUNCIL MEETINGS:

City councils are working on developmental agreements also, regarding the use of wastewater for cooling the proposed plant. They need to hear from residents as well. Attend the City Council meetings of North Branch, Chisago City, Lindstrom, Center City, Shafer, and Wyoming.

What’s REALLY going on with Xcel Energy and the LS Power Project?

Guest Commentary by David Milles

Several "comments" on the Post Review’s article reporting about the July 22 Lent Township information meeting for the proposed LS Power plant have clearly labeled me as an opponent to this project. These comments were placed by Lent Town Supervisor Mike Olson and an anonymous party called "Really". The problem with these two observations is that I have never declared a position either supporting or opposing this project. As with other citizens of our community, I have MANY unanswered questions and I made an honest attempt at the July 22 meeting to raise those questions and offer constructive comments.

Mr. Olson made it clear in his posted "comment" that he and other officials know more about this project than anyone on the "outside". That leads me to ask why he and the other Lent Supervisors sat like the 3 deaf, dumb and blind monkeys at the July 22 public information meeting which they convened? The only public official that had the courage to address the group about the project was State Senator Olseen. Our local County Commissioner also showed up, but remained silent at the back of the room.

I would like to take this opportunity to share what I know about the evolution of this "project" and why I am seriously skeptical about the actions and motives of Xcel Energy and our elected officials. The involvement and enlightenment of the general public have clearly been side-stepped by both of these entities.

While I was serving on the Lent Town Board in the fall of 2007, the Township was approached by Mr. Rick Robinson from Indeck Energy, Inc. out of Rockford, Illinois (you can see their website at http://www.indeckenergy.com/index.php). Indeck was preparing a project proposal in response to a Request for Proposals (RFP) for a 160 Megawatt, natural gas powered, "peaker" plant issued on September 11, 2007 by Xcel Energy (doing business as NSP). Mr. Robinson told us that Xcel had a need for up to 40 such plants scattered around Minnesota to keep up with "peak" energy demands during summer cooling and winter heating seasons. He also told us that the Kost substation and 2 interstate natural gas pipelines located in the northeast corner of the Township were the "sweetest" spot in the State for such a facility. In fact, Mr. Robinson told me that even if Indeck didn’t win the bid, SOMEONE would definitely build the peaker plant at that location.

Indeck Energy was extremely forthcoming with the Township and prepared a detailed presentation that they offered to a joint meeting of the Town Board and Planning Commission on November 14, 2007. Mr. Robinson told us that it was Indeck’s operating philosophy to work from the "bottom-up" when dealing with local government and intended to deal with Lent Township BEFORE approaching any higher units of Government. I still have the PowerPoint presentation from that meeting and would be happy to provide copies to any interested party. Mr. Robinson told the Town Board that he expected to find out if they won the bid on NSP’s request by early 2008. He also told us that Indeck Energy had approached several landowners in the vicinity of the Kost substation to acquire options on a possible construction site. That was the last we heard from Indeck Energy.

Early in 2008, I started hearing from concerned Township residents that Xcel was literally "scalping" all of the vegetation off of a portion of the Kost substation property adjoining County Road 14. They told me that Xcel personnel informed them that the land clearing was to allow additional "cropping" of the land. However, this was the exact location that Indeck Energy had identified in their proposal for building a peaker plant on existing Xcel property.

In early February 2008, I called Mr. Robinson to find out what happened with their bid and ask if they knew why Xcel was already clearing the land. He said that Indeck had heard nothing from Xcel since submitting their proposal and had no idea why the substation land was being cleared. He also told me it was common practice for some power companies to put out Requests for Proposals and then decide to proceed with a project "on their own" (i.e. get free engineering and planning out of their RFP and then do the project themselves).

My next action was to contact Xcel Energy directly. After being bounced around by their switchboard operator for over a half-hour, I was eventually connected with one of their Company "environmental lobbyists". I fully identified myself and explained what I knew about their RFP, Indeck Energy and the proposed Lent Township site, and asked for additional information and the name and phone number of a knowledgeable Xcel contact person. The lobbyist got very nervous and said he had never heard about any of this, but would get me a "contact". After keeping me on HOLD for another half-hour, he told me he couldn’t release any information but would have someone that was handling the matter "get back to me".

I heard NOTHING from Xcel for over 2-weeks. Then, one afternoon, I got a phone call from the Xcel district maintenance manager out of Forest Lake. He said he had received an e-mail chain that started with an Xcel Vice President and ended up on his PC. The "chain" directed him to call me and see if he could answer my questions. After I explained what my questions were and why I had called Xcel, he became VERY apologetic and basically told me I had been given the classic Xcel "bum’s rush". He was very concerned about what I told him and said he would do whatever he could to get me to the right person at Xcel. Within the hour, he called back and told me he couldn’t find out anything about a peaker plant in Lent Township, but was told that the reason the vegetation was removed from the Kost substation site was that Chisago County had "ordered" Xcel to do it to control Oak Wilt on the property.

So, I called the Chisago County Office of Environmental Services to confirm that they had "ordered" the removal of the trees. They told me they had NOT ordered or suggested any vegetation removal for that site. Now I was getting angry, so I called Rick Robinson at Indeck Energy one more time. I asked him if he would send me a hardcopy of the NSP Request for Proposals that they had responded to. He said that would be no problem and I received it in the Mail within 2-days. I still have that document and would be happy to provide copies to any interested party.

The RFP I received from Indeck Energy clearly identified Mr. Rick Peterson, a Resource Analyst for Xcel, as the manager and contact person for this project. It even had his direct phone number and e-mail address. Great, now I could finally talk to The Man with the Plan.
Except, when I called Mr. Peterson I got a VERY nervous and less than candid reception. He did acknowledge that an RFP had been "put out" and that several proposals had been submitted. However, he said that the entire project had been put on HOLD and that he wasn’t sure exactly how it would proceed. He assured me that "some kind of facility" would eventually be placed on the site and that the time-frame for final planning was circa 2011. That was ALL he either could or would tell me. That was the last contact I had with anyone from either Indeck Energy or Xcel Energy.

I subsequently resigned from the Lent Town Board in early May 2008 over a totally unrelated matter. Shortly after that, I was recruited to return to work for the DNR Division of Waters for a special project. While at the DNR, I had an opportunity to visit with an old colleague that had ascended to a senior management position with a large environmental and engineering consulting firm. When I told my friend about the peaker plant story, he got a very large grin on his face and said he "knew all about it". He also either couldn’t or wouldn’t give me any details about what he knew (I think his Company had business connections with Xcel), but he did tell me that the project was most definitely NOT on hold and was, in fact, moving ahead. Since I was no longer active in Township affairs, I didn’t pursue the matter any farther.

The next time I heard anything about a power plant in Lent Township, it was from a few short news stories in the Post Review in early 2009. From that point on, I only know what little information has been provided to the general public from subsequent "news" stories. If Lent Township officials or Chisago County officials knew anymore, they certainly never communicated it to the "public"... nor did our enlightened State Senator or State Representative.

As far as my personal opinion of this project, here’s how I REALLY feel:
First off, something just doesn’t SMELL right about the way in which this project has been proceeding. I have worked as a State geologist/hydrologist on MANY sensitive and controversial environmental issues in Minnesota since 1969. I have never seen a situation with so much deliberate obfuscation and lack of public involvement. During my years of government service I worked with the environmental staff at the former NSP many times. They were always forthright and honest. The present incarnation of NSP as Xcel Energy does not strike me as operating with that same level of public awareness, commitment and involvement.

Second, I have absolutely no doubt that we will eventually have a major power generation facility at the "sweet spot" in Lent Township. The BIG question is how much we, as the voters and residents of Chisago County and Lent Township, will really have to say about it. One of the Ten Commandments of Government that I learned and saw first-hand at the DNR is that... "the BIG people do what they want and the LITTLE people do what they’re told". NSP/Xcel has been in the power generating business for 100-years and knows exactly what it’s doing. You don’t need to have Gypsy blood to read these tea leaves. Somewhere there is a senior Xcel Vice President chomping on a cigar over the big Monopoly board. He’s already put 4 houses and a hotel on Boardwalk and has a get-out-of-jail-free card from the Legislature. Indeck Energy and LS Power are simply shills for Xcel Energy’s long-range plans for the Kost substation site.

Finally, there should be no doubt in anyone’s mind that our elected officials have been worshipping at the feet of the BIG money interests that promise to take us all to the land of milk and honey. Why haven’t they been asking the hard questions and soliciting the information their constituents are asking for? Any one of them could request, or even demand, that LS Power and Xcel Energy directly provide them with the answers and information the citizens want. It doesn’t matter whether the County or Township has any "legal" authority to approve or disapprove of this project... they have the "moral" authority to advise and inform their constituents! Why has it taken a small group of concerned citizens (the Friends of the Sunrise River) to do all the heavy lifting on this matter? As far as I can tell, they are the ONLY entity trying to seriously gather information and inform the public. Our elected representatives need to lead from the front of the room, not the sidelines. Perhaps the real question for us all to consider the next time we step into the ballet booth is: Is this the Government we deserve?

Now, let the "comments" commence.

Dave Milles
Lent Township Resident

FLT Clerk Files for Bankruptcy

Fish Lake Township (FLT) Clerk Andrea Nekowitsch has filed for Chapter 7 Bankruptcy protection on 7/1/09 (U.S. Bankruptcy Court case #09-34537). At a time when Clerk Nekowitsch is named as a defendant in a lawsuit against Fish Lake Township, perhaps she can avoid scrutiny and criminal prosecution by using a strategy similar to that previously used by FLT road maintenance worker Gary Guse, Jr. When Gary Guse’s wife Crystal was under criminal investigation and subsequently charged with check forgery (see 1/28/08 story titled, “Fish Lake Township the next mark?”), Gary filed for Chapter 7 Bankruptcy protection on 5/22/08 (U.S. Bankruptcy Court case #08-32478). Criminal actions were not pursued against Gary Guse, Jr. in connection with the $12,535 check forgery scheme.

Although Andrea Nekowitsch has served as the hired clerk of Fish Lake Township for many years, is her personal integrity and accountability above reproach? Apparently Supervisors Carter and Cupit think so. They both voted recently to approve and provide Nekowitsch with a township debit card, carte blanche for check-less purchases and cash withdrawal opportunities. Could this alarming situation be a recipe for disaster?

FLT Response to Lawsuit?

The Fish Lake town board has released its carefully crafted “official statement” in response to Tim O’Keefe’s lawsuit. Posted on the Fish Lake Township (FLT) web site at www.FishLakeTownship.com, the statement reads as follows;


FISH LAKE TOWNSHIP INVOVLED IN FRIVOLOUS LAWSUIT

Former supervisor Timothy O’Keefe has initiated a lawsuit against Fish Lake Township, two current supervisors and the town clerk. O’Keefe has alleged a number of violations of state law, that have absolutely no basis in fact or law. Indeed, the Chisago County Attorney’s Office has found no basis to investigate the matter further. Nonetheless, O’Keefe seems inclined to waste the taxpayers’ money on pursuing frivolous claims.

For instance, O’Keefe alleges the Township improperly approved payment of a fire contract in 2006, despite the fact he voted to approve its payment and was present for the discussion of it as a supervisor. In short, O’Keefe fails to provide any facts to support his spurious claims. The Township and its officials look forward to being vindicated in this litigation and will be seeking their attorney’s fees and costs against O’Keefe for having to respond to these claims.

The Township and its officials are represented by Bloomington attorney Paul D. Reuvers from the firm of Iverson Reuvers, LLC. Reuvers has advised all Township officials to defer comment to him at 952-548-7205.

Fireworks Fly in Fish Lake Township

Fish Lake Township (FLT) is the subject of a lawsuit filed on June 18th by former FLT Supervisor and Plaintiff Timothy O’Keefe (Chisago County District Court file #13-CV-09-737). Current FLT Supervisors Robert Carter and Robert Cupit, and Clerk Andrea Nekowitsch are named individually as Defendants. While the lawsuit does not name the third township supervisor, Diane Larkin, she is implicated in the legal action as part of Fish Lake Township collectively.

The precedent-setting, landmark case filed on behalf of Fish Lake Township taxpayers is based upon Minnesota Criminal Statutes including §609.43 regarding misconduct of public officers as well as Minnesota Open Meeting Law. It charges Defendants Carter, Cupit, Nekowitsch, and Fish Lake Township with three causes of action; Count I: Misconduct of Public Officer; Count II: Violation of Minnesota’s Open Meeting Law; Count III: Abuse of Process. The lawsuit seeks removal of Defendants Carter and Cupit from the Fish Lake Town board and Defendant Nekowitsch from the hired clerk position.

In the lawsuit, Plaintiff O’Keefe describes criminal acts he witnessed and encountered while serving as an elected official on the Fish Lake Town board. Pursuant to Minnesota State Statutes, Plaintiff O’Keefe believes that he is obligated to report and remedy the routine official misconduct that occurred in Fish Lake Township. According to the lawsuit, Defendants Carter, Cupit and Nekowitsch "engaged in intentional actions to restrict the Plaintiff’s access to Township records and documents" and "failed to include the Plaintiff on communications that were necessary to governance of the Township." The lawsuit further states that Defendants Carter, Cupit and Nekowitsch "regularly engaged in business outside of open public meetings and in the absence of the Plaintiff" and that "duly noted Township meetings were merely a ‘show’ for voting on Township issues that had previously been decided outside of a public meeting. Despite being excluded from discussions regarding Township matters and limited access to Township records, the Plaintiff uncovered documentation and information that Township funds were misappropriated" by Defendants Carter, Cupit and Nekowitsch. The lawsuit states that the actions of Defendants Carter, Cupit and Nekowitsch "represent a consistent pattern of intentionally failing or refusing to perform mandatory, nondiscretionary and ministerial duties of their office in a manner required by law." The lawsuit further states that the actions of Defendants Carter, Cupit and Nekowitsch represent "a pattern of knowingly and intentionally acting in excess of their legal authority" and "consist of a pattern of intentionally and unlawfully interfering with the rights of the plaintiff as a fellow board member."

As fireworks fly this 4th of July, what does the future hold for Fish Lake Township government?


The Fish Lake Karpa is committed to keeping its readers informed of this news story as more information becomes available.

FLT Politics as Usual?

Inside sources report a lawsuit recently filed against Fish Lake Township names Supervisors Robert Carter and Robert Cupit and Clerk Andrea Nekowitsch, individually and collectively, as defendants. The complaint alleges numerous wrongdoings including misappropriation of township funds.

What revealing evidence could possibly expose "politics as usual" in Fish Lake Township?


The Fish Lake Karpa is working to provide its readers with the complete story.

Supervisor Carter Refuses to Respond

Fish Lake Township Supervisor Robert “Bob” Carter has refused to respond despite repeated attempts by the Fish Lake Karpa to obtain his input and comments on the following questions:

1.) Can you provide more details regarding the alleged criminal complaint against you (i.e. Chisago County case #09004652)?

2.) Have you been in contact with the Chisago County Sheriff’s department and/or the County Attorney’s office regarding the alleged criminal complaint against you?

3.) If any of the criminal allegations have merit, and you are charged with a crime, how will you respond?

4.) Have you retained an attorney at this time?

5.) Can Fish Lake Township taxpayers expect to pay for your attorney and defense?

6.) What prompted your recent resignation from the Fish Lake Township Board Chair position?

7.) Under your leadership, the Fish Lake Township official web site was recently reconstructed. Why were all official meeting minutes prior to 2008 cleansed from the web site?

8.) Do you have any further comments you would like to provide?


Supervisor Carter prides himself as a “great communicator,” and in his own words has stated, “E-mail and web sites are incredible tools for communicating and involving people.” As a public official, he is also held to a higher standard of public trust and personal integrity.

Why won’t Supervisor Carter answer the Karpa’s questions and provide an explanation to the public?

FLT Deprived of Honest Government?

Inside sources have confirmed an ongoing investigation by the Chisago County Sheriff’s Department into criminal allegations made against Fish Lake Township (FLT) Supervisor Robert D. Carter. Criminal case #09004652 is apparently centered on Supervisor Carter’s "ultra vires acts" of routinely exceeding his elected authority as a public official. The complaint may implicate township employees as well.

According to the Minnesota Association of Townships 2008 Manual on Town Government, § 5-6 Exceeding Powers; "……knowingly exercising a power the board does not have or knowingly exceeding a power it does have is criminal and will likely be treated harshly. Any knowing abuse of power is punishable as a gross misdemeanor. Insurance policies towns and their officers would normally rely upon to provide a defense to suits do not provide coverage for criminal acts. Officers found to have violated a criminal law may not have their defense costs or any fines reimbursed by the town or its insurance companies. When officers or boards act without or beyond their authority, it is called ultra vires. Courts strictly apply the ultra vires doctrine against local governments in order to protect the public. An act found to be ultra vires is considered to be without legal force or effect."

One example of a Minnesota State Statute that pertains to township officials and employees is §609.43, "MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE" which states;
"A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both:
(1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or
(2) in the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or
(3) under pretense or color of official authority intentionally and unlawfully injures another in the other's person, property, or rights; or
(4) in the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect."

Will Chisago County Commissioners Lora Walker, Rick Greene, and/or Ben Montzka attempt to obstruct the legal process of this criminal investigation because of their close, personal relationships with FLT Supervisor Carter?


The Fish Lake Karpa is committed to keeping its readers apprised of this developing news story.

Two Versions of the Truth?

The Fish Lake Township official web site recently re-emerged after major reconstruction. Conspicuously missing from www.fishlaketownship.com are any official meetings minutes dated prior to 2008. In addition, the following “disclaimer” has now been posted on the web site;

“Every attempt is made to ensure the information on this site is accurate and current. Official hard copies of government policies, minutes and resolutions are available at the town hall and take precedence over the material found on this site. Please contact the township if you should discover any inaccuracies.”

Not provided is the current township “procedure” to obtain “official hard copies of government policies, minutes and resolutions.” Interested persons must first complete a written request form which is reviewed by the town board. The town board, currently comprised of Supervisors Carter, Cupit and Larkin, will review the request and determine whether or not the township will provide the requested information. If the township decides to withhold the information, the requestor’s only other alternative is to sue under Minnesota State Statutes, Chapter 13, “Government Data Practices.”

Why would Fish Lake Township suddenly be concerned about open public access to township information and documentation?

When Bad Men Combine……

Diane Larkin made her first debut to public office in March 2003 when she was elected as a Fish Lake Township supervisor on a stealth campaign. In a township where apathy was the political norm, no one came forth to declare their candidacy for the Fish Lake town board position in 2003. Larkin cleverly waged a behind-the-scenes write-in campaign and easily became the first woman elected to the Fish Lake town board.

After serving three years in office, Supervisor Larkin became known as a woman who stirred controversy, angered and mislead township residents, and made unethical, arbitrary and capricious decisions. Larkin was most notorious for being the first local area resident to develop a portion of her farmland into two small residential lots, then working hand-in-hand with a developer to subdivide 80 acres of adjoining property into what is now called “Prairie Fields.” The developer rewarded Supervisor Larkin by providing a paved access road to connect to her residential lots. As a result of her controversial actions and decisions, Supervisor Larkin was the target of the first formal written complaint ever served upon Fish Lake Township. Soon after, Supervisor Bob Cupit resigned his town board position. Supervisor/Board Chair Larkin quickly replaced Cupit by appointing her long-time friend and political ally Bob Carter to complete Cupit’s remaining 3 month term until the next election. By 2006, a backlash of public outrage unseated incumbent Larkin in an unprecedented election loss to newcomer Tim O’Keefe.

By 2009 township election time, apathy and ignorance once again reigned in Fish Lake Township. Larkin narrowly defeated incumbent O’Keefe 41 to 34, garnering the lowest voter turnout in recent years. In a township of approximately 1723 residents and 1200 registered voters, Larkin was re-elected on March 10th by 0.03% of the voters. After simmering on the side-lines for three years, Diane Larkin has returned to re-join forces with Supervisor/Board Chair Bob Carter.

On this St. Patrick’s Day, perhaps a famous quote by Irish political philosopher Edmund Burke best describes the tumultuous future of Fish Lake Township;

“When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.” Edmund Burke 1770

Cooperation & Collaboration or Calamity?

November 2008 elections concluded with the turnover of two of three Chisago county commissioners. Lora Walker replaced District 1 Commissioner Lynn Schultz and George McMahon replaced District 3 Commissioner Bob Gustafson. District 5 Commissioner Mike Robinson was re-elected to serve a third term. District 2 Commissioner Rick Greene and District 4 Commissioner Ben Montzka will be up for re-election in November 2010.

District 1, 3 and 5 county commissioners were sworn in immediately preceding their first board meeting on 1/6/09. With a new county board comes a change in dynamics and business relationships. Voters have great expectations of a county board faced with major cutbacks in Local Government Aid, dwindling tax revenues and a recession likened by some to the Great Depression.

Will the newly seated Chisago county board set aside personal biases and power struggles? Will they make a fresh start and focus on public service, overcoming challenges and achieving positive results?

Will the newly seated Chisago county board cooperate and collaborate in unity to ensure that all Chisago county residents are fairly represented and equally served?

New Horizons?

Fish Lake Township Supervisor Bob Carter suffered another defeat on 1/6/09 when the newly seated Chisago County board voted unanimously to re-appoint Craig Mold to another 3-year term effective 1/16/09 as the District 5 representative to the Chisago County planning commission. This is the second time that Carter has unsuccessfully applied for a county planning commission appointment.

Carter has previously applied for a county appointment to the East Central Regional Library (ECRL) board as well. He lost his bid for the at-large position when the prior Chisago County board voted on 12/26/07 to re-appoint Verna Hoppe for another 3-year term effective 1/1/08. Carter’s application for an ECRL board seat was preceded by his “strategic” letter to the editor published on 12/20/07 in the “The Chisago County Press” newspaper titled, “Robinson didn’t support library.”

After three failed attempts to transcend from township to county government, would it be prudent for Carter to explore new horizons?