Special Meeting of the Board of County Commissioners

REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS Lac qui Parle County, Minnesota March 15, 2016

The Board met in the Board Room of the County Courthouse in the City of Madis on on Tuesday, March 15, 2016, at 1:00 p.m. with Commissioners Marihart, Patzer, Carlson, Overlander, and Brehmer present. Also in attendance were County Attorney Rick Stulz, County Auditor-Treasurer-Coordinator Jake Sieg, and Adam Conroy of the Madison Western Guard. The Pledge of Allegiance was recited. Chairman Patzer requested amendments to the agenda. Several changes were proposed, and a motion was made by Commissioner Brehmer and seconded to approv e the agenda as amended. Upon vote, all voted in favor. Following a review of the warrants, a motion was made by Commissioner Overlander and seconded to approve the monthly Commissioner’s Warrant register for March 15, 2016. Upon vote, all voted in favor, with Commissioner Marihart abstaining from approval for a warrant for Marihart Surveying. The Auditor’s Warrant registers for March 1 and March 8, 2016, were reviewed. The Board reviewed draft meeting minutes for March 15, 2016. Several amendm ents to the drafts were suggested. A motion was made by Commissioner Overlander a nd seconded to approve the draft minutes with the suggested amendments. Upon vote, all voted in favor. County Engineer Sam Muntean presented a summary of quotes received for the purchase of a 2016 4X4 SUV for use by the County Engineer and the Highway Department. Quotes were as follows: Erickson Chevrolet, Dawson – 2016 Chevy Tahoe $38,900 Lee Motors, Dawson – 2016 Ford Expedition $40,018 Following discussion, a motion was made by Commissioner Brehmer and seconded to approve the quote from Erickson Chevrolet as presented. Upon vote, all voted in favor. Mr. Muntean shared plans for the bid acceptance process for the haying of the triangle north of Madison. The Board indicated support for the plan; no action was taken. Mr. Muntean informed the Board that joint bids for 2016 bituminous materials for Lac qui Parle and Chippewa counties were opened at Chippewa County. The engineer’s estimate for the bids was $347,400.00. One bid was received from Flint Hills resources for a total cost of $351,629.60. There being no other bids received, Mr. Muntean recommended approval of the bid from Flint Hills Resources. A motion was made by Commissioner Brehmer and seconded to approve the low bid from Flint Hills resources as recommended by Mr. Muntean. Upon vote, all voted in favor. Mr. Muntean presented for approval a right of way plat for CSAH 37 construction prepared by Marihart Surveying. Following discussion, a motion was made by Commissioner Overlander and seconded to approve the plat as presented. Upon vote, Commissioners Overlander, Patzer, Carlson, and Brehmer voted in favor. Commissioner Marihart abstained from voting due to conflict of interest. Motion carried. Mr. Muntean updated the Board on various projects and other activities of the Highway Department. Mr. Sieg presented for approval a summary of December 31, 2015 year end fund balances for the County. Mr. Sieg explained the calculations used to determine the figures, and requested Board approval of the committed fund balance amounts as follows: Revenue Fund - Solid Waste Assessment $324,540.00 Road & Bridge Fund Capital Equipment $403,018.00 Buildings and Grounds $114,540.00 Family Services Fund – Out of Home Placements $300,000.00 A motion was made by Commissioner Carlson and seconded to approve the 2015 year-end committed fund balances as presented. Upon vote, all voted in favor. Mr. Sieg requested approval of an interfund transfer of $8,000 from the Revenue Fund to the Highway Fund. Mr. Sieg explained that the transfer reflected the estimated trade value of the Highway Department’s 2008 Chevy Tahoe donated recently by the County Board to the Lac qui Parle SWCD. A motion was made by Commissioner Carlson and seconded to approve the interfund transfer as presented. Upon vote, all voted in favor. Mr. Sieg presented for approval a renewal 3.2 liquor license application from Rosen Express. A motion was made by Commissioner Brehmer and seconded to approve the application as presented, contingent upon approval by the County Sheriff and County Attorney. Mr. Sieg presented for approval a resolution and joint powers agreement (JPA) for the Area II River Basin Projects. Commissioner Marihart explained that Area II was previously organized as a corporation, but the governing board had determined that re- organization as a JPA would be advantageous to all parties involved. Following discussion, a motion was made by Commissioner Carlson and seconded to approve the following resolution authorizing the creation of the JPA. Upon vote, all voted in favor. Resolution Supporting Dissolution of Area II Minnesota River Basin Projects, Inc. (“Area II, Inc.”), Approving Assignments of Rights, and Approving Amendment of the Joint and Cooperative Agreement

Background Information WHEREAS, Lac qui Parle County is a governmental unit and signatory to the Joint and Cooperative Agreement for the Continuing Operation of Area II Minnesota River Basin Projects, Inc. (“Area II, Inc.”), as last signed in December 2015; and WHEREAS, the Joint and Cooperative Agreement was entered into under Minn. Stat. § 471.59, which authorizes two or more governmental units to jointly or cooperatively exercise any power common to the contracting parties or any similar powers and to create a Joint Powers Entity under Minnesota law; and WHEREAS, the intent of the Joint and Cooperative Agreement is to maintain an organization which will carry on a program of floodwater retention and retardation measures, both structural and nonstructural, in the drainage area outletting into the south side of the Minnesota River between the cities of Ortonville and Mankato, Minnesota; and WHEREAS, the organization referenced by the Joint and Cooperative Agreement is Area II, Inc., a Minnesota Nonprofit Corporation in good standing; and WHEREAS, when the Area II Executive Director sought to procure insurance coverage for Area II, Inc. from the Minnesota Counties Intergovernmental Trust (“MCIT”), she obtained a premium quotation that was significantly less than the premiums Area II, Inc. is currently paying for insurance coverage; and WHEREAS, MCIT communicated to the Area II Executive Director that it cannot provide Area II, Inc. with insurance coverage if Area II continues to operate and exist as both a Minnesota Nonprofit Corporation and a Joint Powers Entity; and WHEREAS, MCIT has communicated that it would insure Area II as a Joint Powers Entity if the Nonprofit Corporation is dissolved; and WHEREAS, on February 4, 2016, the Board of Directors of Area II, Inc. approved voluntary dissolution of Area II, Inc. as a Minnesota Nonprofit Corporation; and WHEREAS, Area II would continue to exist as a Joint Powers Entity and carry on the intent of the Joint and Cooperative Agreement upon the voluntarily dissolution of Area II, Inc.; and WHEREAS, the voluntary dissolution of Area II, Inc. benefits the public because it will save the member counties money in the form of less-costly insurance coverage from MCIT; and WHEREAS, the Area II, Inc. Articles of Incorporation and Bylaws, and the Joint and Cooperative Agreement, all require that upon dissolution all property of Area II, Inc. “shall be sold and the proceeds thereof together with the monies on hand shall be distributed to the respective governing bodies of the [member counties] in proportion to the proceeding annual ad valorem tax levy …” WHEREAS, pursuant to that requirement, Area II, Inc. intends to execute a Bill of Sale for sale of the property to Area II as a Joint Powers Entity for a nominal sum ($1.00) on condition that each member county passes a resolution assigning its rights to the sale proceeds to Area II as a Joint Powers Entity, and assigning its rights to the monies on hand to Area II as a Joint Powers Entity; and WHEREAS, upon dissolution of Area II, Inc., it is necessary to amend the Joint and Cooperative Agreement, in the manner consistent with Exhibit 1 to this Resolution, with the amendment to take effect on the date that Articles of Dissolution of Area II Minnesota River Basin Projects, Inc. are filed with the Minnesota Secretary of State. BE IT NOW RESOLVED, that the Lac qui Parle County Board of Commissioners hereby supports the dissolution of Area II Minnesota River Basin Projects, Inc. as a Minnesota Nonprofit Corporation and the continued maintenance and operation of Area II Minnesota River Basin Projects as a Joint Powers Entity; and BE IT NOW FURTHER RESOLVED, that the Lac qui Parle County Board of Commissioners hereby assigns any and all rights that the county has from the sale of Area II, Inc. property to Area II Minnesota River Basin Projects as a Joint Powers Entity; and BE IT FURTHER RESOLVED, that the Lac qui Parle County Board of Commissioners hereby assigns any and all rights that the county has to Area II, Inc.’s monies on hand at the time of dissolution to Area II as a Joint Powers Entity; and BE IT FURTHER RESOLVED, that the Lac qui Parle County Board of Commissioners hereby approves the Joint and Cooperative Agreement as amended, and as attached to Exhibit 1 to this Resolution, to take effect on the date that the Articles of Dissolution of Area II Minnesota River Basin Projects, Inc. are filed with the Minnesota Secretary of State. A motion was made by Commissioner Carlson and seconded to approve the JPA document as presented, and to authorize Commissioner Marihart as official signer for the Area II JPA on behalf of Lac qui Parle County. Upon vote, all voted in favor. Courthouse Building Committee Members Josh Beninga, Kenny Fernholz, Jake Sieg, Terry Overlander, and Graylen Carlson discussed preliminary findings regarding possible options for the improvement of the north entrance of the courthouse building. Following extended discussion, action was tabled. On behalf of the Interim Sheriff Committee, Mr. Sieg informed the Board that Deputy Sheriff Kevin Monson had agreed to carry out the department head and statutory duties of office of the County Sheriff, following Sheriff Rick Halvorson’s retirement on March 31, 2016. Such duties would include acting as an authorized signer for documents such as permit applications, grant agreements, contracts, and bank accounts. Mr. Sieg requested Board action to authorize Mr. Monson to carry out these duties, under the direction of the Interim Sheriff Committee, until an Interim Sheriff is appointed by the County Board of Commissioners. As compensation for taking on the extra duties, Mr. Monson would receive a special overtime rate of $45 per hour with a weekly maximum of 15 hours. Following discussion, a motion was made by Commissioner Carlson and seconded to approve the temporary authorization for Deputy Sheriff Kevin Monson to carry out the duties of the office of the County Sheriff, effective at 12:01 a.m. on April 1, 2016, and ending upon appointment of an Interim Sheriff or revocation by the County Board of Commissioners. Upon vote, all voted in favor. Mr. Stulz requested approval of a renewal application of the 3.2 liquor license for Dawson Golf Course. A motion was made by Commissioner Overlander and seconded to approve the application as presented, contingent upon approval by the County Sheriff and County Attorney. Upon vote, all voted in favor. County Recorder/GIS Committee Chair Josh Amland updated the Board on efforts to secure additional section corner data in the City of Madison. Mr. Amland updated the Board on GIS improvements made during the year. Costs exceeded budget by $15,890, so Mr. Amland requested Board approval to take the overage dollars from the Recorder’s Compliance Fund per previous agreement with the Board. A motion was made by Commissioner Marihart and seconded to take $15,890 from the Compliance Fund for 2015 GIS expenditures over budget, per Mr. Amland. Upon vote, all voted in favor. Mr. Amland shared plans for future replacement of IT equipment in the Recorder’s Office. Mr. Sieg updated the Board on the status of other items presently affecting Count y operations. Several commissioners shared updates regarding the various committee on which they are assigned to represent the County. Commissioner Carlson excused himself from the meeting. At approximately 3:45 pm, the meeting of the County Extension Committee (CEC) was convened concurrently with the County Board meeting. Present at this time were CEC layperson Kent Goplen and Jeff Johnson. Extension staff present were Gloria Kerkaert, Autumn Hilden, Kathy Schwantes, Mary Ann Anderson, Pauline Van Norden, and Peter Ekadu. A motion was made by Commissioner Patzer and seconded to approve the minutes from the November 17, 2015 CEC meeting. Upon vote, all voted in favor. The CEC was re-organized for the 2016 meeting year. Jeff Johnson was nominated as CEC Chair. A motion was made by Commissioner Patzer and seconded to cast a unanimous ballot for Mr. Johnson. Upon vote, all voted in favor. Kent Goplen was nominated as CEC Vice-chair. A motion was made by Commissioner Overlander and seconded to cast a unanimous ballot for Mr. Goplen. Upon vote, all voted in favor. Ms. Hilden presented a budget update. Ms. Anderson and Ms. Kerkaert presented program reports. A motion was made by Commissioner Patzer and seconded to designate the Rob Goerger family as the 2016 Farm Family of the Year. Upon vote, all voted in favor. Ms. Schwantes presented a regional update. Ms. Van Nurden presented an overview of the Agribusiness Management program. Mr. Ekadu presented an overview of the Snap-Ed program. Following is a summarized listing of warrants paid by fund: ROAD & BRIDGE FUND CITY OF BELLINGHAM 3,520.00 CITY OF DAWSON 8,120.00 CITY OF MADISON 2,668.00 LAC QUI PARLE COOP OIL 5,078.16 MARIHART SURVEYING P.A., INC. 6,446.30 WIDSETH SMITH NOLTING & ASSOCIATES 2,237.00 33 PAYMENTS LESS THAN $2,000 11,530.76

TOTAL ROAD & BRIDGE FUND 39,600.22

There being no other business, the meeting was adjourned at approximately 5:15 p.m.

______Todd Patzer, Chairperson ATTEST:

______Jacob Sieg, Auditor-Treasurer-Coordinator