OFFICIAL PROCEEDINGS

MARSHALL COUNTY BOARD OF COMMISSIONERS

April 20, 2010 9:00 A.M.

Marshall County Boardroom

The Pledge of Allegiance was given.

Chairman Borowicz called the meeting to order with the following present: Commissioners Sharon Bring, Gary Kiesow, Kenneth Borowicz, LeRoy Vonasek, Curtis Carlson, Auditor-Treasurer Scott Peters, and Recording Secretary Domita Taus.

County Sheriff John Novacek addressed the Board and received approval and signature on two contracts for the Radio Board between Marshall County and the State of Minnesota for the Operation of Subscriber Radios on the Allied Radio Matrix for Emergency Response (ARMER) System and for the Marshall County Limited Interoperability Participation Plan. M/S/C-Bring, Kiesow

The April 6, 2010 meeting agenda was approved with additions. M/S/C – Carlson, Vonasek

The Board approved the April 6, 2010 meeting minutes with corrections. M/S/C – Kiesow, Carlson

Quin County Administrator Rachel Greene addressed the Board and received approval for a Joint Powers Agreement Amendment. Ms. Greene stated that the amendment has been drawn up to provide for an alternate for the Quin County Board members. M/S/C – Bring, Kiesow The Board of Commissioners had chosen Sharon Bring for alternate during their January meeting.

Social Service Director Jennifer Anderson addressed the Board and received acceptance and approval on the following items.

General Business

Volunteer Recognition was approved. M/S/C – Kiesow, Vonasek

Acceptance was given to the Quarterly ITV Report. M/S/C – Vonasek, Carlson

Personnel

The Director Vacation Use Report was approved. M/S/C – Carlson, Bring

Policy

Acceptance was given to the “Redesign” Update. M/S/C – Kiesow, Bring

The Mental Health Services Update was accepted. M/S/C – Carlson, Vonasek

Director’s Administrative Report

The Board accepted the Legislative Update. M/S/C – Bring, Carlson

Approval was given to the Quarterly Budget Report. M/S/C – Vonasek, Kiesow

The Regional Efforts Report was approved. M/S/C – Carlson, Vonasek

Authorizations

Case Activity, Bills, and Director Actions received Board approval. M/S/C – Vonasek, Bring

Highway Engineer Lon Aune addressed the Board.

Mr. Aune discussed the recent 5-Year Road and Bridge Plan for 2010.

Red River Basin Commission Director Janeen Stenso addressed the Board to discuss flooding issues. Ms. Stenso discussed long-term flood solutions for the basin, current flood issues, and recent notification of an agricultural enhancement proposal grant that provided some funding relief for the basin. Ms. Stenso also discussed upcoming Red River Basin and Joint Power meetings and presented a plaque to the Marshall County Board in recognition of support of the Red River Basin Commission activities.

The Board recessed for lunch at 12:05 and reconvened at 1:00 p.m.

Lon Aune, Chair of the Employee Benefits Committee, addressed the Board to discuss 2010 benefits consideration. Mr. Aune discussed a recent employee survey of employees to rate what benefits they would most like to see pursued. Employee Benefit Committee members Tammy Johnson and Bev Lydeen were also present for this discussion.

Auditor-Treasurer Peters provided the following items for his report:

1.  Tax Rate sheet

2.  Tax update

3.  DNR survey resolution

4.  Budget resolution

5.  Audit update

RESOLUTION 04-20-01 Payment of Bills

BE IT RESOLVED, that after review of the following bills, authorization for payment of the same in the following total amounts, are hereby approved, with a detailed listing kept on file at the Auditor’s office.

Auditor bills:

March 19, 2010 $192,291.82

March 26, 2010 $64,782.45

April 2, 2010 $19,579.60

April 9, 2010 $7574.79

April 9, 2010 $129,612.66

April 16, 2010 $90,106.78

Total $503,948.10

Commissioner bills: $232,238.32

M/S/C – Vonasek, Carlson

RESOLUTION 04-20-02 Per Diems

PER DIEMS

Kenneth Borowicz $240.00

Sharon Bring $300.00

Curtis Carlson $120.00

Gary Kiesow $240.00

LeRoy Vonasek $120.00

Darlene Bates $120.00

Totals $1140.00

M/S/C – Kiesow, Bring

RESOLUTION 04-20-03 2010 Budget and Levy

WHEREAS, Department Administrators within the County Government of Marshall County have presented proposed budgets to the County Board for 2010, and

WHEREAS, said proposed budgets have been reviewed by the County Board and amended to a final budget amount for the following funds:

Revenue $5,121,526

Road & Bridge $8,988,664

Social Services $3,408,510

TOTAL $17,518,700

This provides for a Tax Levy for taxes to be collected in 2010 in the amount of $4,662,972.

NOW THEREFORE BE IT RESOLVED, that the budget for 2010 is hereby approved for the tax levy amounts as follows:

Revenue Fund $3,353,250

Road & Bridge Fund $900,000

Social Services Fund $1,315,789

Special – CPA $158,483

TOTAL $5,727,522

Less State Paid Aids $1,064,550

NET LEVY $4,662,972

M/S/C- Carlson, Bring

RESOLUTION 04-20-04 DNR

WHEREAS, the Minnesota Department of Natural Resources, acting under legislative directive, has engaged in re-surveying state owned land; and

WHEREAS, adjoining private landowners are being notified that property boundaries are being changed as a result; and

WHEREAS, many of the existing boundaries have been in place for more than a century; and

WHEREAS, boundary changes impact roads and affect private property access; and

WHEREAS, adjoining private land owners feel this action is unjust; and

WHEREAS, the expense incurred by the state for this project is unnecessary and the cost of litigating possible property line disputes avoidable and unreasonably burdensome to private landowners and Minnesota taxpayers, and

WHEREAS, the cost and prospective harm of this project far outweigh its value.

NOW THEREFORE BE IT RESOLVED that Marshall County opposes the current surveying of state lands and resulting boundary alterations and respectfully requests the legislature rescind all authority to continue this project immediately. M/S/C- Kiesow, Carlson

The following Commissioner/Committee Reports were shared:

Commissioner Meeting/Report

Borowicz 5-Year Road & Bridge Plan, Marshall County Extension, KaMaR, MarKit, JD #11 & #21

Bring Area Agency on Aging, Marshall County Council on Aging, MRCC, Marshall County Extension, Northwest Community Action, MarKit, 5-Year RoadPlan

Carlson MarKit, MarKit Annual Meeting, Northwest Mental Health

Kiesow JD #11 and JD #21, Northwest Community Action, 5-Year Road & Bridge Plan

Vonasek Area Agency on Aging, Tri-Valley

Commissioner Carlson discussed a report from Larry Eftefeld regarding the value of his home, upgrades that have been made, and the request to build a basement under his house.

The Board motioned to direct Water plan Administrator Jan Kaspari to work with Larry Eftefeld in a positive way to give assistance with his flood plain project. M/S/C- Vonasek, Bring

The Board authorized the Park Board to interview and hire the assistant office manager position for the Marshall County Park. M/S/C- Vonasek, Carlson

The meeting adjourned at 2:35 p.m. M/S/C – Vonasek, Carlson

OFFICIAL PROCEEDINGS

MARSHALL COUNTY BOARD OF COMMISSIONERS

April 6, 2010 9:00 A.M.

Marshall County Boardroom

The Pledge of Allegiance was given.

Chairman Borowicz called the meeting to order with the following present: Commissioners Sharon Bring, Curtis Carlson, Gary Kiesow, Kenneth Borowicz, Auditor-Treasurer Scott Peters, and Recording Secretary Domita Taus.

The April 6, 2010 meeting agenda was approved with additions. M/S/C – Carlson, Kiesow

County Sheriff John Novacek addressed the Board and received approval for a sick-time donation between the Law Enforcement Department and the Social Service Department. M/S/C – Bring, Carlson

Sheriff Novacek also informed the Board he will be interviewing for a deputy position to replace a newly opened position.

Auditor-Treasurer Peters presented a request for funds from the Rural Life Outreach and the Grygla-Gatzke Food Shelf. No action was taken.

The Board approved the March 16, 2010 meeting minutes with corrections. M/S/C – Carlson, Bring

Commissioner Vonasek joined the meeting at 9:30 am.

Public Health Director Gail Larson addressed the Board to provide a bimonthly update. Ms. Larson introduced Public Health Nurse Frances Tougas who provided a presentation on the Statewide Health Improvement Program (SHIP). SHIP is a program intended to reduce obesity and tobacco use in Minnesota with $47 million appropriated for the program for fiscal years 2010 and 2011. Ms. Tougas also discussed other parts of her job including inmate health, personal health care assessments, and home health checks.

Irene Wynne of Wynne Consulting addressed the Board to discuss an appeal consideration on a Flood Buyout property. Ms. Wynne informed the Board that a resident who is involved in a flood buyout was not satisfied with the original appraisal of their house and had another one completed which was higher. Ms. Wynne is requesting direction on how to resolve this issue and is questioning if a review of the appraisals by a third party would be a good idea. Ms. Wynne received approval to get a review of both appraisals by a third party. M/S/C- Bring, Kiesow

Auditor-Treasurer Scott Peters provided the following items for his report:

·  Warren Sno-cat Club update

·  Tax Statement information

·  Thank you from Northwest MN Foundation

RESOLUTION 04-06-01

RESOLUTION AUTHORIZING SPONSORSHIP OF

SNOWMOBILE/CROSS COUNTRY SKI TRAILS OPERATED BY

BE IT RESOLVED that the Marshall County Board of Commissioners will act as legal sponsor for an application for funding to the State of Minnesota Department of Natural Resources for maintenance of snowmobile/ski trails managed by the Warren Snocat Club

BE IT FURTHER RESOLVED that upon approval of its application by the state, the Marshall County Board of Commissioners may enter into an agreement with the State of Minnesota for the above referenced project and that with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED THAT Marshall County is hereby authorized to serve as the fiscal agent for the above referenced project.

BE IT FURTHER RESOLVED THAT this sponsorship will be in effect and continue until rescinded.

ADOPTED BY MARSHALL COUNTY ON April 6, 2010 M/S/C- Vonasek, Bring

County Highway Engineer Lon Aune addressed the Board.

RESOLUTION 04-06-02

BE IT RESOLVED, that the County Auditor be authorized to call for bids for:

SAP 45-643-02 – Bituminous Surfacing

SAP 45-604-24 – Bituminous Overlay

SAP 45-610-13 – Bituminous Overlay

SAP 45-608-08 – Bituminous Overlay

SAP 45-090-04 – Bike Path

BE IT FURTHER RESOLVED, that the County Auditor be authorized to set the time and date for receiving bids to comply with existing publication laws. M/S/C- Carlson, Bring

RESOLUTION 04-06-03

BE IT RESOLVED, that Marshall County does accept all bids for equipment rental as listed:

Robert Dufault Excavation Davidson Const. & Ready Mix, Inc.

Nelson Bros. Excavation Vernon L. Wander

D.R. Blawat Construction, Inc. K & K Trucking, Inc.

Thygeson Construction, Inc. Beito Repair

Holter Repair & Trucking Olson Construction

Glenn Nelson Excavating Schenkey, Inc.

David G. Larson Construction Dunrud Gravel

Joe Mutnansky Ralph McKeever Construction

Olson Construction TRF, Inc. Taggart Excavating & Septic

Moses Valley Road Maintenance Art Laudal & Son, Inc.

R.J. Zavoral & Sons, Inc. Subsurface, Inc.

Hedeen Construction, LLC Lunke Construction, Inc.

Garry Gravel J & S Gravel

Gowan Construction, Inc. Triple D Construction & Leasing, Inc.

Higher Ground Holthusen Construction, Inc.

Quam Excavating Wright Construction, Inc.

M/S/C- Kiesow, Carlson

Mr. Aune provided a flood update and discussed beaver dams on JD #19.

Van Swanson and Howard Person addressed the Board to provide an Extension update. Mr. Person discussed current and upcoming projects including biomass research, soybean plots, wind tower research, feed lot assessment, and the status of the Excel Dairy issue. Mr. Swanson discussed the projects in which he has been involved in including Project Day, Building Leadership Project, Share the Fun, Livestock Quality Ethics Training, YELLO, hiring of 4-H fair judges, and camp counselor training.

Auditor-Treasurer Scott Peters continued his report with the following item:

·  Interest/Penalty abatement request from Todd Nedberg

The Board denied a request from Todd Nedberg regarding a request for an interest and penalty abatement. M/S/C- Bring, Kiesow

The Board recessed for lunch at 12:00 p.m. and reconvened at 1:00 p.m.

The Board closed the regular meeting to attend a Conditional Use Permit Public Hearing for Leland and Joel Anderson. Chairman Borowicz opened the meeting and Water Plan Coordinator/Zoning Administrator Jan Kaspari managed the meeting. Ms. Kaspari provided a description of the applications and zoning issues involved. Leland Anderson presented supporting documents and testimony to demonstrate compliance with the zoning ordinance and Joel Anderson did the same. Present for this hearing were Joel Anderson, Ransel Anderson, Leland Anderson and Nick Drees.

IT IS HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF MARSHALL COUNTY,

MINNESOTA AS FOLLOWS:

WHEREAS, Leland Anderson has requested a conditional use permit upon the hereinafter described real property situated in Marshall County, Minnesota:

Parcel #41-0268-000

SE4, NE4, NE4 of Section seven (7) in Township 154N, Range 49W

WHEREAS, THE Board of Commissioners does hereby make and approve the Zoning Administrator’s Report dated April 6, 2010 including all attachments, which report is on file in the Marshall County Water and Land Office.

The Board of Commissioners does further resolve and grants to LeLand Anderson Conditional Use Permit FP10-01 for the above described parcel of real property, subject to all conditions as required by said permit.

A copy of the conditional use permit shall be filed and recorded in the Office of the Marshall County Recorder and tracked against said parcels of real property. M/S/C – Carlson, Vonasek

IT IS HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF MARSHALL COUNTY,

MINNESOTA AS FOLLOWS:

WHEREAS, Leland Anderson has requested a conditional use permit upon the hereinafter described real property situated in Marshall County, Minnesota:

Parcel #41-0270-000

N2, S2, NE of Section seven (7) in Township 154N, Range 49W

WHEREAS, THE Board of Commissioners does hereby make and approve the Zoning Administrator’s Report dated April 6, 2010 including all attachments, which report is on file in the Marshall County Water and Land Office.

The Board of Commissioners does further resolve and grants to Joel Anderson Conditional Use Permit FP10-02 for the above described parcel of real property, subject to all conditions as required by said permit.

A copy of the conditional use permit shall be filed and recorded in the Office of the Marshall County Recorder and tracked against said parcels of real property. M/S/C – Carlson, Kiesow

The Board closed the Public Hearing and reopened the regular meeting. M/S/C – Kiesow, Bring

Ms. Kaspri received signature on a grant for Subsurface Sewage Treatment Systems in the amount of $9,931.00 for her department.

Auditor-Treasurer Scott Peters continued his report with the following items: