July 7, 2008 – 5:00 p.m.
Supervisors Loewen, Wicker & Unterberger met at Clerk Harff’s home to receive a conference call from Lawyer Tiede on the township speaker phone concerning the upcoming hearing at the City of Rockville.
The board was trying to decide if they need representation at the hearing or if a letter would be enough so the township doesn’t spend too much of the township money on lawyer’s fees.
Mr Tiede explained you could go the cheaper route, send a letter and let things fall the way it may or you could spend a lot of money on experts and planners. Wicker was concerned that the judge will not get all the proper information, just what the City has and that is disputed as far as their figures go. Wicker does feel since the City has all the legal people on staff they probably have the upper edge. Wicker also stated that capital improvements never have been in the Cities figures. Wicker was wondering what the city might present. Lawyer Tiede said that he could send a letter for evidence and who might testify. That is a legal process to get information to help guide the township in its decision but that might not come back for a month or so.
Loewen thought that would be a good idea but did not think it was necessary for the lawyer to come and tour the area with the judge that should be done with one of the supervisors. Loewen did think that it important to have legal counsel at the hearing. Loewen was concerned that the judge will not know that lengths the township when through to meet the requirements set forth and the city just would not mediate with the township. Tiede explained that settlement discussion is not admissible.
Harry Burns is representing the petitioners and he has a set amount of money to work with so Tiede was sure that he was not going to be calling the experts for testimony. Unterberger wanted to know if Burns could represent the township also. Tiede did say that the township could put their money towards planners and then have petitioners lawyer, Burns, do the legal questioning. Then the township would not pay for Tiede to come up for the hearing. But he did say that Mr Burns could not represent the township.
Loewen was not in favor of paying for a planner, it was not the townships fight but it was important to protect the township in any decision the judge might make. Loewen did feel the township will be paying for a third of the judges cost. All supervisors felt that Tiede should send a letter requesting evidence the city is presenting.
The decision was first invite their Lawyer Burns to the meeting but the cost would be on the Township, then it was decided to invite Mike Loesch, Gene Merten and Jim Pflepsen into the meeting to see what they are doing. Wicker said he would call them to see if they would come in to our July meeting.
Supervisors Loewen/Unterberger made a motion to adjourn. Motion carried. Meeting adjourned at 5:35 p.m.
Terre Harff, Clerk