OFFICIAL PROCEEDINGS
MARSHALL COUNTY BOARD OF COMMISSIONERS
March 17, 2009 9:00 A.M.
Marshall County Boardroom
The Pledge of Allegiance was given.
Chairman Vonasek 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.
The March 17, 2009 meeting agenda was approved with additions. M/S/C – Bring, Borowicz
The Board approved the March 3, 2009 meeting minutes with corrections. M/S/C – Carlson, Kiesow
Gary Durand, Emergency Manager, addressed the Board to discuss the potential flooding in Marshall County and along the Red River. Mr. Durand received Board approval on the following state of emergency resolution.
RESOLUTION 03-17-01
WHEREAS, the potential spring flooding is predicted to impact the population of Marshall County and its cities; and
WHEREAS, the potential spring flood event can cause a significant amount of public property damage; and
WHEREAS, the Marshall County Department of Emergency Management requests the Marshall County board of Commissioners to declare Marshall County in a STATE OF EMERGENCY for the possible spring flood event, 2009
NOW THEREFORE BE IT RESOLVED, that the Marshall County Board of Commissioners declares Marshall County in a State of Emergency for possible conditions that may result from the spring flood event of March 17, 2009 and on-going.
Adopted by the Marshall County Board of Commissioners this 17th day of March, 2009. M/S/C- Carlson, Bring
Marc Blomquist, Regional Probation Supervisor, met with the Board to introduce himself and discuss aspects of the probation services in the county. Mr. Blomquist presented a report outlining County probation services and costs to the Board. Probation Officer Tiffany Rivard was also present for this discussion.
Social Services Director Jennifer Anderson addressed the Board and received acceptance and approval in the following areas:
General
The Board approved the Volunteer Recognition Appreciation. M/S/C – Carlson, Bring
Personnel
The Board approved a Leave of Absence for Katie Benson, Social Worker, effective approximately 4/10/09-7/6/09. M/S/C – Kiesow, Borowicz
Policy
The Supplemental Nutrition Assistance Program (SNAP) Update was accepted by the Board. M/S/C – Carlson, Bring
The Board approved the Enterprise Architecture Update. M/S/C – Borowicz, Bring
The NorthStar Care Update was accepted by the Board. M/S/C – Kiesow, Carlson
Board approval was given to the Human Services Authority Act Update and the following resolution opposing the Human Services Authority Act.
RESOLUTION 03-17-02
WHEREAS, Proposed legislative language entitled the “Human Services Authority Act” has been reviewed and discussed; and
WHEREAS, the Governor’s proposal is motivated by an expressed desire to create greater accountability for human services between counties and the state; and
WHEREAS, Marshall County agrees with this desired goal however, we do not agree that an arbitrary “bigger is better” approach will achieve this goal; and
WHEREAS, Marshall County is fearful that this legislation, in its current form, will have unintended consequences of undermining successful regional and multi-county collaborations already in place; and
WHEREAS, Marshall County has concerns around no fiscal note that identifies state wide cost savings or the potential risk of increased cost and additional burden to local tax payers; and
WHEREAS, Marshall County believes that creating an additional layer of “regional governance” will result in increased social service costs; and
WHEREAS, Marshall County is concerned that the proposed “Human Services Authority Act” fails to affirm and acknowledge that County Boards are the duly elected human service authority, representing all county residents and taxpayers, and are responsible to make local human services policy and budget decisions, and set the overall direction of human services administration, including its structure; and
NOW THEREFORE BE IT RESOLVED, The Marshall County Board opposes the “Human Services Authority Act” and respectfully request that the state alongside counties be allowed to explore voluntary and cohesive human service delivery options that are client-focused, outcome based, adequately funded, and administratively simplified as defined by the local units of government that are uniquely positioned to understand the needs of local residents.
RESOLVED FURTHER, A copy of this resolution shall be sent to local Legislators (Senator LeRoy Stumpf, Representative Dave Olin, Representative Bernie Lieder), the Association of Minnesota Counties (AMC), and Minnesota Association of County Social Service Administrators (MACSSA). M/S/C – Bring, Carlson
Director’s Administrative Report
The Board accepted the ITV Use Report. M/S/C – Kiesow, Borowicz
Authorizations
Case Activity, Bills, and Director Actions received Board approval. M/S/C – Carlson, Borwicz
Highway Engineer Lon Aune addressed the Board on the following;
1. Annual Striping project.
2. Equipment purchases status
3. Review of Fuel Quotes
a. Tesoro – East Grand Forks…$1.72/gallon
b. Marshall County Cooperative – Warren …16 cents over cooperative cost
4. 5 Year Road and Bridge Plan Meeting date set for Thursday, April 16th, at 5:30 at the Newfolden Community Center.
5. Ongoing operations report
6. Review of Gravel Crushing Quotes
7. Work Schedule discussion
8. Summer help discussion
The Board approved to accept the three quotes from Schenkey Inc, M&M (Gary Harstad), and M&J for gravel crushing. M/S/C- Borowicz, Kiesow
RESOLUTION 03-17-03
WHEREAS, the Marshall County Highway Department proposes to reconstruct and improve a portion of County State Aid Highway No.15, known as S.P. 45-615-02; located between the South County Line and Trunk Highway No. 1, from a point at or near the Southeast Corner of the Northeast Quarter of Section Eleven (11), T.154N., R.48W. to a point on the North Line of Section Two (2), T.154N., R.48W.; said point being 216.4’ westerly of the Northeast Corner thereof.
WHEREAS, the improvement consists of bridge replacement and bridge approach construction on said roadway as herein determined necessary to provide for the safety of the traveling public, and
WHEREAS, in addition to the existing highway easement, certain lands in fee are required to provide for said reconstruction, and
WHEREAS, pursuant to Minnesota Statutes, the Marshall County Highway Department will prepare a right of way plan. The plan will be on file at the Engineer’s Office at 447 S. Main, Warren, MN 56762 and made part hereof, and which lands will be more particularly described therein as follows:
PARCEL NO. NAME
1 & 2 Harry Howard
21747 340th Ave. NW
Warren, MN 56762
3 Edward & Renee Rosendahl John & Diane Rehder
405 S. McKinley 15504 350th Ave. NW
Warren MN 56762 Warren MN 56762
NOW THEREFORE BE IT RESOLVED, that the County Board of Commissioners hereby authorize the County Highway Engineer to proceed to acquire the permanent and temporary highway easements over said lands in accordance with Minnesota Statutes,
BE IT FURTHER RESOLVED, that those land described herein, which cannot be acquired by direct negotiation, shall be acquired by eminent domain and the County hereby requests the County Attorney to file the necessary petition therefore and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the County or Court. M/S/C – Carlson, Bring
RESOLUTION 03-17-04
WHEREAS, the Marshall County Highway Department proposes to reconstruct and improve a portion of County State Aid Highway No.54, known as S.A.P. 45-654-17; beginning Five (5) miles North of the City of Grygla and ending One (1) mile North of C.S.A.H. No. 6,
WHEREAS, the improvement consists of widening and reconstruction of said roadway as herein determined necessary to provide for the safety of the traveling public, and
WHEREAS, in addition to the existing highway easement, certain lands in fee are required to provide for said reconstruction, and
WHEREAS, pursuant to Minnesota Statutes, the Marshall County Highway Department will prepare a right of way plan. The plan will be on file at the Engineer’s Office at 447 S. Main, Warren, MN 56762 and made part hereof, and which lands will be more particularly described therein as follows:
PARCEL NO. NAME
1 & 2 Baylen & Janice Hagen
38896 Beach Street
Warroad, MN 56763
3 Darwin Hagen
73250 Morel Rd. NW
Grygla, MN 56727
4 Owen & Ardeene Hagen
P.O. Box 155
Grygla MN 56727
Rocky & Diane Hagen
36453 400th Ave. NE
Grygla MN 56727
5 & 6 Emmet & Rose McDonagh
37145 400th Ave. NE
Grygla, MN 56727
Randall & Janelle McMillin
38847 380th St. NE
Grygla, MN 56727
7,8,9,10 Ronald & Linda Englestad
39024 380th St. NE
Grygla, MN 56727
11 Craig & Linda Morgan
27948 330th St. SW
Crookston, MN 56716
NOW THEREFORE BE IT RESOLVED, that the County Board of Commissioners hereby authorize the County Highway Engineer to proceed to acquire the permanent and temporary highway easements over said lands in accordance with Minnesota Statutes,
BE IT FURTHER RESOLVED, that those land described herein, which cannot be acquired by direct negotiation, shall be acquired by eminent domain and the County hereby requests the County Attorney to file the necessary petition therefore and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the County or Court. M/S/C- Kiesow, Borowciz
The Board closed the regular meeting and opened the Ditch Authority meeting. M/S/C- Carlson, Kiesow
The Board reviewed and approved a request for a crossing and culvert on Branch 2 of Ditch 83 in Section 8 of Whiteford Township; there will be no cost to the county for this request. M/S/C – Kiesow, Borowicz
The Board closed the Ditch Authority meeting and reopened the regular meeting. M/S/C – Bring, Borowicz
County Assessor Russ Steer addressed the Board to discuss opting out of the Aggregate Tax. The Board approved the following resolution.
RESOLUTION 03-17-05
Consideration Of “Aggregate Resource Preservation Property Tax Law” County Termination Option.
WHEREAS, the Marshall County Board of Commissioners recognizes the importance of maintaining aggregate resources for the general economy of the county; and
WHEREAS, the County Board recognizes that property taxes are an important consideration as the viability of the aggregate industries located in the county; and
WHEREAS, the State of Minnesota has an ad valorem property tax system based on the full market value of the real estate or personal property; and
WHEREAS, the provisions of Minn. State § 273.1115, Aggregate Resource Preservation Property Tax Law, grants special and unique treatment to owners of land containing aggregate deposits, in comparison with other property in the county, therefore shifting the tax burden on these properties to other taxpayers; and
WHEREAS, the provisions on Minn. Stat § 273.1115, Aggregate Resource Preservation Property Tax Law, allow a county to terminate application of this law; and
WHEREAS, a county may reauthorize application of this law by a resolution of the County Board revoking the termination; and
WHEREAS, the County Board is required to hold a public hearing as part of the process to terminate application of this law; and
WHEREAS, said public hearing has been scheduled for July 7, 2009.
NOW, THEREFORE, BE IT RESOLVED, That the Marshall County Board of Commissioners hereby elects to begin the process of terminating participation in the Aggregate Resource Preservation Property Tax Law in Marshall County. M/S/C – Carlson, Bring
Mr. Steer updated the Board on Assessor certification and the upcoming Board of Revues.
Sheriff John Novacek reviewed squad car quotes for two cars from Dahlstrom Motors. The Board accepted the quote from Dahlstrom Motors for a total of $41,198.00 for the two vehicles and approved Sheriff Novacek to move forward with said purchase. M/S/C – Carlson, Bring
Sheriff Novacek discussed the concerns of the Oslo residents with the potential flood situation this spring.
The Board recessed for lunch at 12:00 p.m. and reconvened at 1:00 p.m.
Howard Person, County Feedlot Officer, discussed the upcoming public meeting for comments regarding Excel Dairy and presented a proposed letter of comment to the MPCA regarding the Excel Dairy permit. Mr. Person and the Board discussed several options for adjustments. The Board approved to have Mr. Person send the letter on behalf of the County. M/S/C – Bring, Kiesow
RESOLUTION 02-17-06 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:
February 20, 2009 $62,580.03
February 20, 2009 $39,503.70
February 27, 2009 $710,965.23
March 6, 2009 $54,684.58
March 13, 2009 $48,989.75
Total $910, 723.29
Commissioner bills: $122,305.56
M/S/C – Kiesow, Borowicz
Water Plan Coordinator Jan Kaspari discussed a grant she had recently received for her department. The Board authorized the Chairman to sign the grant. M/S/C-Carlson, Kiesow
RESOLUTION 03-17-07 –Per Diems
Sharon Bring $60.00
Kenneth Borowicz $60.00
Curtis Carlson $120.00
Gary Kiesow $240.00
LeRoy Vonasek $300.00
Darlene Bates $60.00
Totals $840.00
M/S/C- Carlson, Borowicz
Auditor-Treasurer Scott Peters shared the following in his report:
1. Polk County Watershed Appointment information
2. 5 year financial/Expenditure Report
3. Open Forum procedure discussion
4. NW Minnesota Foundation grant update
5. Consider sale of tax-forfeited property in Stephen and in Strandquist. The Board will offer these properties for sale at this summer’s tax-forfeited land auction.
6. Court Administrator retirement notice
7. State Budget discussion
The following Commissioner/Committee Reports were shared:
Commissioner Meeting/Report
Borowicz Annual Township Meeting, KaMaR
Bring MarKit, Annual Township Meeting, Marsh Grove Twp, MN Board of Aging Operations Meeting
Carlson KaMaR, MarKit, Watershed, Mental Health Center, Annual Township Meeting
Kiesow Excel Twp, Annual Township Meeting, JD13 & 18 Public Hearing, Thief Lake Elk Depravation
Vonasek Annual Township Meeting, MarKit
The meeting adjourned the meeting at 2:50 p.m. M/S/C – Kiesow, Bring
OFFICIAL PROCEEDINGS
MARSHALL COUNTY BOARD OF COMMISSIONERS
March 3, 2009 9:00 A.M.
Marshall County Boardroom
Commissioner Vonasek called the meeting to order with the following present: Commissioners Sharon Bring, Gary Kiesow, Curtis Carlson, LeRoy Vonasek, Auditor-Treasurer Scott Peters and Recording Secretary Domita Taus.