OFFICIAL PROCEEDINGS

MARSHALL COUNTY BOARD OF COMMISSIONERS

May 20, 2008 9:00 A.M.

Marshall County Boardroom

The Pledge of Allegiance was given.

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

Duane Nielson, former Western Marshall County Veteran Service Officer, was presented a plaque of appreciation for his years of dedicated service to the veterans of Marshall County.

The May 20, 2008 meeting agenda was approved with additions. M/S/C – Bring, Borowiwz

The Board approved the minutes of the May 6, 2008 regular meeting with corrections. M/S/C – Borowicz, Vonasek

Mike Johnson, the new curator for the Marshall County Historical Society, addressed the Board to request assistance from the County for a new building project at the museum. Mr. Johnson informed the Board of the fund raisers and financial resources that are being utilized by the Society. Mr. Johnson reported on operations of the Historical Society and reviewed building plans with the Board.

The Board approved an allocation of $2,000.00 from Commissioner appropriations to offset fundraiser mailing costs incurred by the Society and to also provide necessary fill for the new building, contingent on the Highway Department’s schedule. M/S/C – Bring, Borowicz

Social Services Director Jennifer Anderson addressed the Board.

The Board accepted the Volunteer Recognition Report. M/S/C – Bring, Kiesow

The Board approved Interactive TV – Meeting Room Priority Access for Social Services. M/S/C – Borowicz, Bring

Board approval was given to the Prepaid Medical Assistance Program (PMAP) Health Plan Reprocurement. M/S/C – Kiesow, Bring

Case Management Transfer “Pre-PIN” Development was approved. M/S/C – Vonasek, Borowicz

The Tamarac Contract Addendum received approval by the Board. M/S/C – Borowicz, Bring

The School Based Mental Health Grant was accepted by the Board. M/S/C – Bring, Kiesow

The Board accepted the Legislative Update by Ms. Anderson. M/S/C – Borowicz, Kiesow

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

County Attorney Mike Williams and County Sheriff John Novacek addressed the Board to provide an update on the findings of the odor issue with Excel Dairy.

Assistant Highway Engineer Rodney Teigen met with the Board.

The Board discussed the request for fill of the Historical Society for the new building with Mr. Teigen.

Mr. Teigen provided project updates on the following: CSAH #34 paving, CSAH #2 paving, shop in Stephen, bridge on CSAH #17, CSAH #43, and CD #44.

Marshall County Technology Committee representatives Jeff Radeke and Leanne Novacek addressed the Board to discuss the technology needs of the County. The Committee has determined that an increased emphasis on planning, coordinating, and managing the county technology systems is an essential need for the County. The Committee recommends utilizing Invisimax with future technology management and are requesting authorization to have Invisimax perform a system needs assessment for the County. Technology Committee members Jim Duckstad, Bev Lydeen, Amy Swanson, JoAnn Kerian and Invisimax representatives Phil Hebert and Josh Benson were also present for this discussion.

The Board approved to allow Invisimax to perform a system needs assessment for the County. M/S/C – Borowicz, Bring

The following Commissioner/Committee Reports were shared:

Commissioner Meeting/Report

Bring Technology Committee, Regional Extension Family Resource and Development, MarKit

Vonasek MarKit, Tri-Valley

Borowicz KaMaR

Carlson MarKit, KaMaR, NW Mental Health

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

Kathy Murphy, Minnesota State Retirement System, provided the Board with a presentation on the benefits of the Health Care Savings Plan the County currently utilizes. Also present for this discussion were JoAnn Kerian, Dave Clark, Rodney Teigen, Bev Lydeen, Tammy Johnson, Jennifer Anderson, and Darlene Bates.

The Board recessed the meeting to open the River Ridge Estates Public Hearing. M/S/C – Bring, Vonasek

Chairman Carlson called the public hearing to order at 1:30 p.m.

Auditor-Treasurer Scott Peters facilitated the public hearing. An explanation of the hearing process, review of the proposed plat, review of conditions that need to be met, and public comments on the project were items covered in the hearing.

The Board closed the River Ridge Estates Public Hearing. M/S/C – Kiesow, Bring

The Board opened the regular meeting. M/S/C- Kiesow, Bring

Jeff Brouse, Excel Township resident, addressed the Board to discuss Excel Dairy odor concerns. All persons in attendance commented on the odor issue, where they live in relation to the dairy, and the public nuisances they are experiencing relating to this matter. Excel Dairy CEO Rick Millner responded that the dairy has a plan to alleviate the odor and will be implementing this plan before the end of June. Attorney Williams asked the complainants to document specifics as to how the odor affects them daily to assist him in being able to follow enforcement aspects of the County Feedlot Ordinance. Those present for this discussion included County Attorney Mike Williams, Sheriff John Novacek, Chief Deputy Randy Olson, County Extension Agent Howard Person, Kay Olson, Randy Staveness, John Timm, Chad Bottem, Mona Loe, Lucas Mauch, Duane Rux, Rachel Fredrickson, and Paul Kezar. Excel Dairy Manager Richard Millner was not able to attend but was accessible by a phone conference call during this discussion.

Sheriff John Novacek addressed the Board to provide an update on the Radio Board including overview and budget.

Kevin Olson, Mid Valley Geo-Thermal, provided the Board with information on costs, benefits, payback, and longevity of geothermal systems. Mr. Olson described what a geothermal system is, how it works, and why it is cost effective and energy efficient. Auditor’s Office employee Chad Thompson was present for this discussion.

RESOLUTION 05-20-01 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:

April 18, 2008 $35,238.25

April 25, 2008 $252,455.18

May 2, 2008 $45,067.74

May 9, 2008 $72,235.00

May 16, 2008 $27,094.84

Total $432,091.01

Commissioner bills:

May 20, 2008 $140,138.09 M/S/C – Borowicz, Vonasek

RESOLUTION 05-20-02 Per Diems/Meals

The following Per Diems and Meals were approved:

Kenneth Borowicz $480.00

Curtis Carlson $120.00 $21.97

Gary Kiesow $360.00 $26.17

Leroy Vonasek $120.00 $8.94

Darlene Bates $60.00 $23.43

Domita Taus $25.00

Chad Thompson $25.00

Totals $1,140.00 $130.51

M/S/C – Kiesow, Vonasek

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

1.  5-year Financial Report

2.  Geothermal Bid Resolution consideration

3.  Park Board Applicant consideration

4.  Wage/Benefit Cost impacts for 2009

5.  Letter of Thanks from Karen Myszkowski

6.  Abatement for Earl McGregor

7.  Thief Lake Snowmobile Trails resolutions

8.  Economic Development –Resolution consideration for NW MN Foundation Grant

9.  Minnkota reply to invitation letter

10.  Public Health Board action update

11.  Consider letter from Attorney to Mike Carroll of DNR on Con Con Rule status

12.  Mobile Home Abatement update

13.  Forfeited Tax Update

14.  Ditch 11, Branch 172 update

15.  Correspondence from Jim Stengrim regarding watershed correspondence to the

County

The Board appointed Beth Rominski to the Marshall County Park Board to fill a vacant position. M/S/C- Borowicz, Bring

The Board approved an abatement for Earl McGregor on a parcel due to errors in valuation. M/S/C- Bring, Kiesow

RESOLUTION 05-20-03

The Board, approved by adoption of its consent agenda the motion for a grant-in-aid permit for the segment of snowmobile trail within Marshall County that connects trail segments of Marshall County with existing trail on Thief Lake WMA in Marshall County. Said trail agreement is intended to run from 04-01-2007 to 03-31-2012. M/S/C – Kiesow, Bring

RESOLUTION 05-20-04

The Board, approved by adoption of its consent agenda the motion for a grant-in-aid permit for the segment of snowmobile trail within Marshall County that connects trail segments of Marshall County with existing trail on Thief Lake and Grygla WMAs in Marshall County. Said trail agreement is intended to run from 04-01-2007 to 03-31-2012. M/S/C – Kiesow, Bring

The Board approved to send a letter to the Board of Water and Soil Resources requesting a review and assessment of the Middle Snake Tamarac Rivers Watershed District through BWSR’s Performance Review and Assistance Program. M/S/C- Kiesow, Vonasek

The Board agreed to consider action on the River Ridge Estates Public Hearing at the June 3, 2008 Board meeting.

Adjournment was approved at 4:15 p.m. M/S/C – Kiesow, Vonasek

OFFICIAL PROCEEDINGS MARSHALL COUNTY

BOARD OF COMMISSIONERS

**UNAPPROVED**

May 6, 2008 9:00 A.M.

Marshall County Boardroom

The Pledge of Allegiance was given.

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

OPEN FORUM:

Gary Donarski addressed the Board to discuss issues regarding the repurchase of a tax-forfeited property located in the City of Warren and to voice his interest in the purchasing of the property. The Board will discuss this issue later in the meeting and provide Mr. Donarski a response to his request.

Jeff Brouse addressed the Board to discuss odor issues regarding Excel Dairy. Various letters and documents were presented to the Board for review. Mr. Brouse requested Marshall County Commissioners to direct the County Attorney to issue a citation or some other form of penalty to Excel Dairy due to the long term odor issue and to establish a new feedlot ordinance. The Board will discuss this issue later in the day as a Public Health Board. Also present for this discussion were Extension Agent Howard Person, Solid Waste Manager Don Matz, Brian Voeks, Richard Kostrzewski, John Timm, Kay Olson, Nick Drees, Wally Diedrich, and Ken Fredrikson.

Brian Voecks addressed the Board to discuss a neighbor who has odor, garbage and animal issues in their yard in New Solum Township in Rosewood. Auditor Peters indicated that his office had received the same complaint from another person last week. The Board will discuss this issue further as a Public Health Board later in the meeting.

The Board approved the May 6, 2008 agenda with additions. M/S/C – Kiesow, Vonasek

The Board approved the minutes of the April 15, 2008 regular meeting with corrections. M/S/C – Borowicz, Vonasek

Maria Neuhold from TCI Renewables in Montreal, Quebec, Canada provided a Wind Generation Presentation to the Board. TCI Renewables is a company that focuses on the identification, development and consenting of wind farm projects. Ms. Neuhold discussed the progression of setting up a wind turbine, including site prospecting, initial site assessment, development, and financial assessment. Ms. Neuhold stated that the process is quite lengthy possibly 5 years or more. Also present for this discussion were Auditor employee Chad Thompson, Pennington County Commissioner Daryl Tveitbakke , Ron Nelson, Cliff Nelson and Wally Deidrich.

Marshall County Highway Engineer Lon Aune addressed the Board.

Mr. Aune opened bids for the following projects with various contractors in attendance:

SAP 45-602-20

Central Specialties $1, 830,642.16

Knife River Materials $1,489,468.73

Minn-Dak Asphalt $1,472, 328.90

SAP 45-634-10

Minn-Dak Asphalt $412,379.17

Central Specialties $619,095.80

Knife River Materials $435,222.09

Stephen Shop

Waage Post frame, Inc $149,900.00

Matthew Ellerbush $168,921.44

Mitch Borowicz $176,816.36

Philip Klopp Construction $151,716.45

RAM Building Systems $164,000.00

Mr. Aune will review the bids and request approval for contracts later in the meeting.

RESOLUTION 05-06-01 Approval of bid-SAP 45-621-04

BE IT RESOLVED, that pursuant to advertisement for bids for SAP 45-621-04, CSAH #21, Bituminous Surfacing the following bids were received:

Knife River Materials $255,626.70

Davidson Construction, Inc $266,479.30

Strata Concrete $327,255.60

Central Specialties, Inc $317,753.20

Anderson Brothers $339,829.91

NOW THEREFORE BE IT RESOLVED that the bid of Knife River Materials in the amount of $255,626.70 be accepted. M/S/C- Vonasek, Bring

The Board approved to trade county property located in Stephen with the city and to accept another neighboring property for the new County Shop. M/S/C- Bring, Vonasek

RESOLUTION 05-06-02

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

Davidson Construction, Inc.

M/S/C – Kiesow, Borowicz

RESOLUTION 05-06-03

BE IT RESOLVED, that pursuant to advertisement for bids for SAP 45-602-20, CSAH #2, Bituminous Sure and Aggregate Shouldering the following bids were received:

Minn-Dak Asphalt $1,472, 328.90

Knife River Materials $1,489,468.73

Central Specialties $1, 830,642.16

NOW THEREFORE BE IT RESOLVED that the bid of Minn-Dak Asphalt, Inc. in the amount of $1,472,329.01 be accepted. M/S/C-Bring, Kiesow

RESOLUTION 06-06-04

BE IT RESOLVED, that pursuant to advertisement for bids for SAP 45-634-10, CSAH #34, Aggregate Base, Bituminous Sure and Aggregate Shouldering the following bids were received:

Minn Dak Asphalt $412,379.17

Knife River Materials $435,222.09

Central Specialties $619,095.80

NOW THEREFORE BE IT RESOLVED that the bid of Minn-Dak Asphalt, Inc. in the amount of $412,379.17 be accepted. M/S/C-Borowicz, Vonasek

RESOLUTION 05-06-05

BE IT RESOLVED, that pursuant to advertisement for bids for Stephen Highway Shop the following bids were received:

Waage Post Frame $149,900.00

Philip Klopp Construction $151,716.45

RAM Building Systems $164,000.00

Ellerbush Builders $168,921.44

Borowicz Construction $176,816.36

NOW THEREFORE BE IT RESOLVED that the bid of Waage Post Frame, Inc. in the amount of $149,900.00 be accepted. M/S/C - Bring, Kiesow

The Board closed the regular meeting and opened the Ditch Authority Meeting. M/S/C - Vonasek, Bring

Mr. Aune received approval for ditch cleaning and replacement of a culvert on County Ditch 33. M/S/C - Kiesow, Bring

The Board closed the Ditch Authority Meeting and reopened the regular meeting. M/C/S - Borowicz, Bring

Red Lake Watershed Administrator Myron Jesme and Watershed Board Manager Arnold Stanley provided the Red Lake Watershed Annual Report for 2007, stating that the district had a good year in 2007.

Auditor-Treasurer Peters provided the following items in the Auditor’s Report:

1.  County-City-School meeting update with WAO and the city of Warren

2.  Resolution approval for Warren Snocat Trails was given

3.  Advertising for a Park Board vacancy was approved. M/S/C – Bring,