OFFICIAL PROCEEDINGS

MARSHALL COUNTY BOARD OF COMMISSIONERS

October 19, 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 Gary Kiesow, Sharon Bring, Kenneth Borowicz, LeRoy Vonasek, Curtis Carlson, Auditor-Treasurer Scott Peters, and Recording Secretary Domita Taus.

The October 19, 2010 meeting agenda was approved with additions. M/S/C – Carlson, Vonasek

The Board approved the October 5, 2010 meeting minutes with corrections. M/S/C– Vonasek, Kiesow

The Board discussed a mold complaint as the Public Health Board regarding property in Argyle.

The following Commissioner/Committee Reports were shared:

Commissioner Meeting/Report

Borowicz JD 11/21, MarKit, KaMaR

Bring MarKit

Carlson JD 11, Downstream Flood Protection meeting, KaMaR, Northwest Mental Health

Kiesow JD 11/21

Vonasek Land of the Dancing Sky

Social Services Director Jennifer Anderson addressed the Board and received acceptance and approval on the following items:

General Business

The Board accepted the Quarterly ITV Report. M/S/C – Bring, Kiesow

The Dental Services Report was accepted. M/S/C – Carlson, Bring

Personnel

The Board approved Outside Employment for Welfare Fraud Specialist Marc Cardinal.

M/S/C – Bring, Vonasek

Policy

Approval was given to the E-Mail/Texting Privacy Policy. M/S/C – Carlson, Kiesow

The Customized Living Update was accepted by the Board. M/S/C – Kiesow, Bring

Licensing and Contracts

The Board accepted the Redesign Update. M/S/C – Kiesow, Bring

Approval was given to the MNCare Contract. M/S/C – Carlson, Vonasek

Director’s Administrative Report

The Quarterly Budget Report was accepted by Board. M/S/C – Vonasek, Bring

Authorizations

The Board approved Case Activity, Bills, and Director Actions. M/S/C – Vonasek Kiesow

Highway Engineer Lon Aune met with the Board.

Mr. Aune discussed setting a hearing date for CD #41. The Board approved to set the date for the CD #41 Public Hearing at 11:00 a.m. on Thursday, November 4, 2010. M/S/C-Kiesow, Vonasek

Mr. Aune discussed the purchasing of a backhoe from MarKit Landfill, but he is currently waiting to be sure it is the right size for the County needs.

Engineer Aune received approval on a cleaning request for County Ditch #22. M/S/C-Vonasek, Carlson

RESOLUTION 10-19-01

BE IT RESOLVED that the County Auditor be authorized to issue warrants for the following right of way easements along County State Aid Highway No. 30, for the purpose of reconstructing said road. (State Aid Project 45-630-10).

PARCEL NO. NAME & ADDRESS PAYMENT

6 & 7 Bennie and Lilly Hanson $4,327.20

18236 360th Street NW

Newfolden, MN 56738

M/S/C- Bring, Carlson

Mr. Aune reported that the department heads support the Benefit Committee on the proposed early retirement plan and questioned the Meal Reimbursement Policy.

Mr. Aune discussed a cleaning and repair request for CD #7 in Section 3 of Fork Township, and indicated that MnDOT will be involved with this repair. The Highway Department will move forward with cleaning the north side of the ditch this fall and look more into cleaning the south side next year. Also present for this discussion were Mark Anderson, Jim Kowalski, and John Kowalski.

A ditch cleaning request for CD #23 in Section 33 in Excel Township was approved. M/S/C- Kiesow, Bring

Extension Agent Van Swanson provided a program update to the Board. Mr. Swanson discussed the State Fair, 4-H Awards Banquet, and 2011 county fair judging.

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

Water Plan/Zoning Coordinator Jan Kaspari addressed the Board to discuss septic issues, the County septic ordinance, wind tower information, and completed her annual review.

Mike Carroll, DNR, addressed the Board to discuss the procedures of DNR Surveying. County Highway Engineer Lon Aune was present for this discussion.

The Board approved deleting the language regarding severance for elected officials from the policy manual. M/S/C - Bring, Kiesow

Mr. Peters discussed gravel tax distribution and a Hawkes Peat Mining request to purchase or lease County and State land with the Board.

RESOLUTION 10-19-02 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:

September 24, 2010 $8315.45

October 1, 2010 $106,540.51

October 8, 2010 $286,272.64

October 15, 2010 $15,842.34

Total $416,970.94

Commissioner bills: $215,119.56

M/S/C – Vonasek, Carlson

RESOLUTION 10-19-03 Per Diems

PER DIEMS

Kenneth Borowicz $360.00

Sharon Bring $120.00

Curtis Carlson $120.00

Gary Kiesow $120.00

Totals $720.00

M/S/C - Bring, Kiesow

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

1.  Tri-Valley Board Consideration

2.  Tax Collection Report

3.  Election Update

4.  2011 Salary Chart

5.  2011 Proposed Levy Survey

6.  2011 Ditch Levy Consideration

7.  5-yr Financial Report

8.  Ellerth Wind Farm letter of support

9.  DNR Trail Meeting notice

10.  Middle River Fire Dept. correspondence

11.  Thank you letter from Argyle HOPE Program

12.  AMC District Meeting notice

13.  Energy Meeting

14.  Information regarding Township meetings, MN Legislative information and an Attorney General opinion regarding fees for open meeting violations.

15.  Project concerns listed by Larry Eftefield

16.  Early Childhood Reading program funding information

17.  Minnesota Counties Levy/Payroll Survey

18.  Biomass magazine information on renewable fuels

19.  Cost Allocation Report

20.  Demo Bid from Spruce Valley Corporation

21.  Acceptance Notice of Small Cities Development Grant for house impacted by floods.

The Board appointed Dave Jameson to the Tri-Valley Board. M/S/C - Bring, Vonasek

The Board approved to accept the bid from the Spruce Valley Corporation for the flood buy-out houses in the amount of $46,830. M/S/C- Carlson, Vonasek

The Board approved to send a letter of support to the Living at Home Program. M/S/C- Bring, Vonasek

The chair adjourned the meeting at 4:00 p.m.

OFFICIAL PROCEEDINGS

MARSHALL COUNTY BOARD OF COMMISSIONERS

October 5, 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, Auditor-Treasurer Scott Peters, and Recording Secretary Domita Taus.

Judy Bernat addressed the Board to discuss National Domestic Violence Awareness Month and presented the following Proclamation for Board signature:

PROCLAMATION

WHEREAS, domestic violence is one of the most prevalent violent crimes in America, and remains one of the most under-reported crimes in our Nation today; and

WHEREAS, domestic violence victimization has devastating physical, psychological, emotional, social, and financial effects on victims; and

WHEREAS, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community and throughout the United States and,

WHEREAS, women are not the only targets; young children and the elderly are also are counted among the victims, and sadly, emotional scars are often permanent; and

WHEREAS, because of the far-reaching negative consequences of domestic violence on individual, community and public safety, domestic violence is EVERYBODY’S BUSINESS; and

WHEREAS, American has joined together annually since 1987 to commemorate October as “National Domestic Violence Awareness Month’ and 2010 marks the 24th anniversary of this special observance; and

NOW THEREFORE BE IT:

RESOLVED, that the MARSHALL COUNTY BOARD OF COMMISSIONERS proclaims October 2010 as DOMESTIC VIOLENCE AWARENSS MONTH in Marshall County, and honors domestic violence victims and those who serve them during this month and throughout the year; and be it further

RESOLVED, that we urge all citizens to observe this month by becoming aware of the tragedy of domestic violence and that ending violence in the home is “Everybody’s Business”.

Signed this 5th day of October, 2010 M/S/C- Bring, Kiesow

The October 5, 2010 meeting agenda was approved with additions. M/S/C – Kiesow, Bring

The Board approved the September 21, 2010 meeting minutes with corrections. M/S/C – Bring, Kiesow

The following Commissioner/Committee Reports were shared:

Commissioner Meeting/Report

Borowicz Employee Benefit Committee Meeting

Bring SHIP Meeting, Marshall County Council on Aging, MRCC

Kiesow Joint Powers Natural Resource Committee, Northwest Regional Development, Red Lake Watershed

Auditor Peters reported on the following:

1.  Ditch Report Financials through September

2.  Cooling System quotes

3.  Roof Repair Quote Consideration

4.  RSVP Funding Request

5.  Minnesota Heartland Tourism meeting

6.  Election Update

The Board approved the Johnson Controls quote to replace compressor system for the jail for $11,060.00. M/S/C - Bring, Kiesow

The Board approved a quote from Hjelle Roofing to replace the courthouse roof in the amount of $37,960.00. M/S/C - Bring, Kiesow

Public Health Nurse Gail Larson addressed the Board to provide a Public Health Update. Various topics discussed were flu shots, SHIP, Public Health Preparedness, and Environmental Health.

County Engineer Lon Aune addressed the Board.

Mr. Aune presented a ditch cleaning request for 2.5 miles of County Ditch #42. Mr. Aune’s recommendation to re-lay the culvert and do some cleaning on the system was met with Board approval. M/S/C - Bring, Kiesow

Mr. Aune received approval to provide ditch cleaning on some of the laterals of County Ditch #32. M/S/C - Kiesow, Bring

Mr. Aune provided an update on a land condemnation.

The Board approved to send the following resolution of support to Kittson County in regard to their appeal to the court against the DNR. M/S/C - Kiesow, Bring

WHEREAS, Marshall County Board of Commissioners vote in support of Kittson County’s Petition for review with the Minnesota Supreme Court requesting the Supreme Court review a recent decision of the Minnesota Court of Appeals regarding roads established along lateral ditches number 12, 13 and 14 of State Ditch Number 72 in Peatland Township.

WHEREAS, the appeal involves issues relating to the authority of the State Drainage Commission and the district courts to establish public roads along judicial ditches in the State; and

WHEREAS, the Department of Natural Resources has gone so far as to actually remove county signs from roadways established by previous County Road Orders and those signs are being replaced with DNR signs which prohibit or restrict certain vehicle traffic.

WHEARAS, the County signs warn members of the traveling public about maintenance limitations and so the signs are safety signs. This raises safety issues and concerns as well as concerns about continuing use and access of long establish roadways.

WHEREAS, Marshall County also has public roads that were established through the same or similar proceedings and therefore has an interest in the Kittson County appeal.

NOW, THEREFORE, BE IT RESOLVED, that the Marshall County Board of Commissioners support the Kittson County Petition to the Minnesota Supreme Court.

The Board approved to change the County dental plan to the A.T. Group. M/S/C – Bring, Kiesow

Employee Benefits Committee members Lon Aune and Tammy Johnson received Board approval to extend the voluntary time off program for another year. M/S/C – Bring, Kiesow A proposed draft of a voluntary retirement plan was also reviewed.

Mr. Aune and Ms. Johnson presented an early retirement plan to the Board for review. The Board is going to have the County Attorney review this plan and provide his opinion.

The Board reviewed the County Severance Policy.

The meeting adjourned at 12:00 p.m. M/S/C – Kiesow, Bring

____________

CHAIRPERSON,

MARSHALL COUNTY BOARD OF COMMISSIONERS

ATTEST: ______

MARSHALL COUNTY AUDITOR-TREASURER