Official Proceedings s3

OFFICIAL PROCEEDINGS MARSHALL COUNTY BOARD OF COMMISSIONERS April 15, 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.

The April 15, 2008 meeting agenda was approved with additions. M/S/C – Borowicz, Bring

The Board approved the minutes of the April 1, 2008 regular meeting with corrections. M/S/C – Bring, Vonasek

Karl Frigaard from Northwest Community Action addressed the Board to discuss their involvement in Marshall County projects including; a revolving loan pool, a health care shortage program for future medical services, plans for a professional building and green home, and grant approval for a Group Home in Warren. Mr. Frigaard expressed the need for continued County funding for Northwest Community Action in 2009.

Ron Leverington, Dwight Anderson, and Mike St. Germain from the Marshall County Agricultural Association addressed the Board. Discussed revised plans and requested funding for a new bathroom at the fairgrounds. The Board appropriated $30,000.00 to the Marshall County Agricultural Association to assist in the cost of building the new bathroom facility. M/S/C - Borowicz, Bring

Highway Engineer Lon Aune addressed the Board.

Minnesota Department of Transportation District 2 State Representative Lou Tasa provided the Board with an update on the 2008 proposed state construction program.

Mr. Aune requested and received authorization to advertise for a full-time Engineering Technician. M/S/C - Vonasek, Bring

Mr. Aune received approval on the following resolutions:

RESOLUTION 04-15-01 WHEREAS, the following quotes were received for the purchase of one (1) 14' Flex Wing Rotary Cutter with trade-in:

Evergreen Implement...... $ 6,350.00 Evergreen Implement...... $ 7,750.00 Anderson Power and Equipment...... $10,650.00 Anderson Power and Equipment...... $11,715.00

AND WHEREAS, the quote from Evergreen Implement for $6,350.00 has been determined to be the best quote.

NOW THEREFORE, be it resolved that the quote of Evergreen Implement be accepted for furnishing one (1) Land Pride (14') RC5014 Flex Wing Mower be accepted and the County Highway Engineer be authorized to purchase one (1) Land Pride (14') RC5014 Flex Wing Mower for $6,350.00. M/S/C- Borowicz, Kiesow

RESOLUTION 04-15-02

BE IT RESOLVED, that Marshall County does accept all bids for equipment rental as listed: RJ Hoffman, Inc. Robert Dufault Nelson Bros. Excavation Vernon L. Wander D.R. Blawat Construction, Inc. K & K Trucking, Inc. Glenn R. Anderson Construction Beito Repair Wright Construction Holter Repair & Trucking TS Holte Contracting Glenn Nelson Excavating David G. Larson Construction Dunrud Gravel Joe Mutnansky Ralph McKeever Construction Olson Construction TRF, Inc. Taggart Excavating & Septic Reese Rental Art Laudal & Son, Inc. R.J. Zavoral & Sons, Inc. Moe Construction & Gravel Hedeen Construction, LLC Lunke Construction, Inc. Garry Gravel Northern Paving, Inc. Gowan Construction, Inc. Triple D Construction & Leasing, Inc. Higher Ground Holthusen Construction, Inc. Lian Construction Quam Excavating M/S/C – Kiesow, Bring

Water Plan Coordinator Jan Kaspari addressed the Board to discuss issues regarding the River Ridge Estates Subdivision by Florian. Ms. Kaspari stated that the Preliminary Plat for River Ridge Estates Public Hearing was cancelled. Ms. Kaspari requested and received approval to reset the Public Hearing for May 20th, 2008 at 1:30 p.m. M/S/C- Bring, Kiesow

Ms. Kaspari reported that TCI Renewables from Montreal, Quebec are currently conducting wind tests and are planning to build wind towers in Marshall County upon completion of the test phase. Ms. Kaspari will invite a representative from TCI Renewables to give a presentation to the Board at the May 6, 2008 Board Meeting at 10:00 a.m.

Ms. Kaspari updated the Board on a flyover survey for mineral exploration performed by Kennecott Exploration Company.

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

Social Service Director Jennifer Anderson addressed the Board.

Approval to hold the Marshall County Volunteer Appreciation was granted. M/S/C- Vonasek, Borowicz

The Board approved Outside Employment for Social Worker Amy Delap. M/S/C – Vonasek, Bring

The Integrated Service Networks Update was approved. M/S/C – Kiesow, Bring

Board approval was given to the Northwest 8 County Developmental Disabilities Waiver Alliance Policy Agreement. M/S/C – Bring, Vonasek

Ms. Anderson received Board approval on the Arrears Management & Strategies To Help Low Income Families (SHLIF) Policies and Procedures. M/S/C – Kiesow, Borowicz

Approval was given for the Information Privacy & Security Agreement. M/S/C – Bring, Vonasek

The Board accepted the Occupational Development Center Report. M/S/C – Borowicz, Kiesow

Acceptance was given to the Sex Offender Cost Report. M/S/C – Vonasek, Borowicz

The Quarterly Budget Report was accepted. M/S/C – Kiesow, Bring

A Legislative Update was accepted. M/S/C – Borowicz, Vonasek

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

RESOLUTION 04-15-03 Per Diems/Meals The following Per Diems and Meals were approved: Kenneth Borowicz $300.00 Sharon Bring $120.00 $37.64 Curtis Carlson $180.00 $30.69 Gary Kiesow $180.00 $15.42 Leroy Vonasek $60.00 $7.45 Darlene Bates $60.00 Jim Duckstad $14.88 Jan Kaspari $6.41 Beverly Lydeen $8.47 Don Matz $20.52 Russell Steer $82.10 Totals $900.00 $223.58 M/S/C – Kiesow, Vonasek

RESOLUTION 04-15-04 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 21, 2008 $43,739.42 March 21, 2008 $500.00 March 28, 2008 $13,382.40 April 4, 2008 $21,960.04 April 4, 2008 $4,236.47 April 11, 2008 $39,936.34

Total $123,754.67

Commissioner bills: $130,804.65 M/S/C – Vonasek, Borowicz

Nick Drees, MST Watershed Administrator addressed the Board to update the progress of Agassiz Valley funding and to discuss new lawsuits filed by current watershed board members against the watershed administrator, other board members, a watershed employee, and Rough Rider Investigations. Those present for this discussion included MST Board Managers Arlyn Stroble, Alvin Nybladh, and Loren Zutz, County Attorney Mike Williams, Wally Deidrich, and Dean Danielski. Mr. Drees stated that he is open for suggestions on how to proceed with this issue.

Auditor’s Office employees Chad Thompson and Joel Praska met with the Board to discuss various economic development issues and options. Mr. Thompson provided an update to the Board concerning various entities being researched regarding clean energy options as well as grant options.

RESOLUTION 04-15-05 MPCA Grant WHEREAS, Marshall County has applied for a grant from the Minnesota Pollution Control Agency (MPCA); and

WHEREAS, Marshall County is committed to implementing the proposed project as described in the grant application, if MPCA funding is received; and

WHEREAS, MPCA requires that Marshall County enter into a grant agreement with MPCA that identifies the terms and conditions of the funding award:

BE IT RESOLVED THAT the Board of Commissioners of Marshall County hereby agrees to enter into a grant agreement and sign a grant agreement with the MPCA to carry out the project specified therein and to comply with all the terms, conditions, and matching provisions of the grant agreement and authorizes and directs the Auditor/Treasurer to sign the grant agreement on its behalf. M/S/C- Bring, Kiesow

Dave Clark, City of Stephen Council member, addressed the Board regarding dilapidated and tax delinquent personal property buildings along railroad property relating to safety and health issues and options on how to deal with this issue. The Board directed Scott Peters and Kenneth Borowicz to look at the properties in question and to bring their findings back to the County Public Health Board for action. M/S/C – Kiesow, Borowicz Auditor-Treasurer Scott Peters provided the following items for his report: 1. HRA First-time Homebuyers funding update 2. Investment Report 3. 1st Quarter 2008 expenditures vs. budget 4. Tax-Forfeited parcel update 5. A Subordination Agreement for Gale and Jolene Wittman was approved. M/S/C – Vonasek, Bring

The following Commissioner/Committee Reports were shared: Commissioner Meeting/Report Kiesow Valley Homemaker Awards Banquet, Water Resource Advisory Committee, MRCC, Legislative Budgeting, AMC Legislative Bring MRCC, Extension, Marshall County Council on Aging, AMC Legislative Vonasek Land of the Dancing Sky, Tri-Valley, MarKit Borowicz Water Resource Advisory Committee, KaMaR, AMC Carlson Markit, KaMaR, Northwest Mental Health,

Adjournment was approved at 4:00 p.m. M/S/C –

OFFICIAL PROCEEDINGS MARSHALL COUNTY BOARD OF COMMISSIONERS April 1, 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.

County Attorney Mike Williams addressed the Board during open forum to discuss various letters received by the County Board regarding watershed open meeting laws and questions on manager actions. Mr. Williams indicated that the letter concerning the open meeting law concerns should not be addressed by the County Board, but are of the nature that the County Attorney would examine for any possible violations. Mr. Williams has not given any legal opinion on this letter. On the letter regarding asking the County Board for action to ask specific questions to managers on other perceived improper actions, Mr. Williams indicated that it is not up to the County Board to micro-manage watershed board managers actions and that the County Board’s function is to appoint managers. Middle Snake Tamarac Watershed Administrator Nick Drees and MST Board Managers Loren Zutz and Eldon Elseth were present for this discussion.

Middle Snake Tamarac Administrator Nick Drees discussed with the Board the PL566 Assessment that was on the 2008 Tax Statements, calls received on JD13, Agassiz Valley project update, cost of a State Auditor Review from requests from one individual, and a letter to the editor from two managers that may be sent to the local newspapers regarding watershed issues.

Marshall County Sheriff John Novacek addressed the Board and received approval for an extended leave request for Dispatch-Jailer Brian Fanfulik. M/S/C- Bring, Borowicz Mr. Novacek also received approval to allow Revenue Department employees to donate sick time to Mr. Fanfulik. M/S/C- Vonasek, Bring

Gail Larson, County Public Health Nurse, addressed the Board to present a bimonthly update. Ms. Larson wanted to thank the Marshall County Highway Department for all the work done on the county roads this winter. Ms. Larson discussed and updated the Board on the following responsibilities of the Public Health Department:  Assure an adequate local public health infrastructure  Promote Healthy Communities and Healthy Behaviors  Prevent the spread of infectious diseases  Protect against environmental health hazards  Prepare for and respond to disasters and assist communities in recovery  Assure the quality and accessibility of health services

Marshall County Fair Board members Ron Leverington and Dwight Anderson addressed the Board on restroom facility needs at the fairgrounds. A review of a new bathroom plan and other options for bathroom updates were discussed along with funding strategies. Mr. Leverington stated that they would welcome funds from the county. The Board indicated that they support this project, but would like to see more specifics on a cost breakdown so the Board could better discuss how they may possibly proceed with this matter.

Marshall County Recorder Beverly Lydeen addressed the Board to provide the Board with an update on the purchase of a scanner for her department with funds from the Recorder’s Equipment Compliance fund. Ms. Lydeen discussed the upcoming training for her office staff, strategies for back scanning of County documents, and the Minnesota Official Marriage Indexing System.

The Board approved the April 1, 2008 Agenda. M/S/C – Kiesow, Bring

The Board approved the minutes of the March 18, 2008 regular Board meeting with corrections. M/S/C – Borowicz, Kiesow

Marshall County Highway Engineer Lon Aune addressed the Board.

Mr. Aune discussed the 3-5 Year Road Plan with the Board and received approval on the following resolutions:

RESOLUTION 04-01-01 WHEREAS, the adopted Action Plan for the State of Minnesota states that all counties shall adopt a 3-5 Year Road & Bridge Construction Program, and

WHEREAS, it appears to the County Board of the County of Marshall that the plan attached hereto correctly depict the proposed 5-Year Road & Bridge Construction Program for Marshall County.

NOW THEREFORE BE IT RESOLVED by the County Board of the County of Marshall that the plan attached hereto is hereby approved and accepted as the proposed 5-Year Road Construction Program for Marshall County for the years from 2008 through 2012. M/S/C- Vonasek, Borowicz

RESOLUTION 04-01-02 MARSHALL COUNTY STATE AID HIGHWAY FUNDS ADVANCE RESOLUTION

WHEREAS, the County of Marshall is planning to implement County State Aid Street Project(s) in 2008 which will require State Aid funds in excess of those available in its State Aid Regular/Municipal Construction Account, and

WHEREAS, said County is prepared to proceed with the construction of said project(s) through the use of an advance from the County State Aid Construction Fund to supplement the available funds in their State Aid Regular/Municipal Construction Account, and

WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of date 12/31/07 $ 136,655.00 Less estimated disbursements: Project # 45-602-20 $ 1,830,000.00 Project # 45-643-01 $ 420,000.00 Project # 45-634-10 $ 180,000.00 Project # $ Bond Principle (if any) $ Project Finals (overruns-if any) $ Other $ Total Estimated Disbursements $ Advance Amount (amount in excess of acct. balance) $ 400,000.00

WHEREAS, Marshall County’s allotment for 2008 was only $1,069,659.00 due to advancement to cover the total project costs for SP 45-654-15.

WHEREAS, all Federal Funds for project SP 45-654-15 will be received in 2008 and 2009.

WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.08, Subd. 5 & 7 and Minnesota Rules, Chapter 8820, and

WHEREAS, the County acknowledges advance funds are released on a first-come-first-serve basis and this resolution does not guarantee the availability of funds.

NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved County State Aid Highway Project(s) of the County of Marshall in an amount up to $400,000.00 in accordance with Minnesota Rules 8820.1500, Subp. 9. I hereby authorize repayments from subsequent accruals to the Regular/Municipal Construction Account of said County in accordance with the schedule herein indicated: (initial one)

X Repayment from entire future year allocations until fully repaid. Repayment in equal annual installments Repayment from future year allocations in amounts listed below until fully repaid (maximum 3 year repayment). $ CY $ CY $ CY M/S/C- Bring, Kiesow

RESOLUTION 04-01-03 BE IT RESOLVED, that the County Auditor be authorized to call for bids for:

SAP 45-634-10 – Aggregate Base, Bituminous Surface & Aggregate Shouldering Warren, MN – between TH 1 and CSAH 3

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 – Vonasek, Bring

RESOLUTION 04-01-04 BE IT RESOLVED, that the County Auditor be authorized to call for bids for:

The Construction of a New Marshall County Highway Department Shop – Stephen, MN

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- Borowicz, Vonasek

Mr. Aune discussed upcoming events and meeting and the impacts to State Aid caused by the Transportation Bill

RESOLUTION 04-01-05 AUTHORIZATION FOR ACQUISITION FOR HIGHWAY PURPOSES WHEREAS, the Marshall County Highway Department proposes to reconstruct and improve a portion of County Road No. 117, known as CP 117:08; located between TH59 and TH32, from a point at or near the Southwest Corner Section Twelve (12), T155N, R44W; to the jct. of Trunk Highway No. 32 and County Road No. 117 in the Southwest Quarter (SW¼) of Section Nine (9), T155N, R43W.

WHEREAS, the improvement consists of widening, reconstructing and realigning 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 reconstruction, and

WHEREAS, pursuant to Minnesota Statutes, the Marshall County Highway Department has prepared 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 thereof, and which lands will be more particularly described therein as follows:

PARCEL NO. NAME 1 Rudolph & Mary Lou Gunderson 2 & 4 Lance & Karlyn Moen 3 Mark Laidley & Melissa Carlson 5 Irvin & Margie Jarsaw 6 Great Lakes Gas Transmission Co. 7 Ronald & Sharon Davidson 8 Joseph Ottensen 9 Minnerath Investment LLC 10 Mark & Jodie Reierson 11 Clifford & Jeanette Reierson 12 Ray Martell 13 DNR-State Swp. 14 Vernon & Peggy Reierson 15 Hillyer Farms Inc.

NOW THEREFORE BE IT RESOLVED, that the County Board of Commissioners hereby authorize 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 lands as 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- Bring, Kiesow

RESOLUTION 04-01-06 WHEREAS, the following quotes were received for the purchase of one (1) Rubber Tire Roller: Swanston Equipment Companies (used)...$11,000.00 Swanston Equipment Companies (new)....$13,500.00 RDO Equipment Company (new)...... $16,110.00

AND WHEREAS, the quote of Swanston Equipment Companies for one (1) used rubber tire roller for $11,000.00 has been determined to be the best quote.

NOW THEREFORE, be it resolved that the quote of Swanston Equipment Companies be accepted for furnishing one (1) Used Rubber Tire Roller and the County Highway Engineer be authorized to purchase one (1) Used Rubber Tire Roller from Swanston Equipment Companies for $11,000.00. M/S/C – Kiesow, Vonasek

County Extension Educator Howard Person addressed the Board to provide an update on the TB Bovine. Mr. Person also discussed a proposal to come to a meeting in Pennington County to discuss the rules and regulations criteria of wind towers.

The Board recessed the meeting for lunch at 12:00 p.m., attended the presentation by County Speaker Dave Horsager from 1:00 p.m. to 2:30 p.m. and reconvened at 2:40 p.m.

The Board approved donating $500.00 to the Argyle American Legion to help in the cost of the ‘Traveling Vietnam Wall’ during the City of Argyle’s 125th Anniversary. M/S/C- Bring, Borowicz

Auditor-Treasurer Peters provided the following items in the Auditor’s Report: 1. FFT update-discuss repurchase opinion letter from Attorney Williams. 2. RRVDA Honor Banquet invitation. 3. Judicial funding cuts 4. Ditch report through March 5. Wind-Hydrogen-Geothermal Renewable discussion 6. Tax Rate handout 7. Newsletter discussion 8. Comments on the Enbridge Pipeline expansion line depth

Chairman Carlson provided correspondence from the following: 1. Representative Dave Olin expressing agreement to increase Elk Damage Funding. 2. The Department of Economic Development on notice of approval on a Small Business Grant for 8 acquisitions and clearances for $315,464 in 5 Western Marshall County Townships. 3. The Board commended the Social Services Department on receiving a letter from the Minnesota Department of Human Services for perfect performance in meeting DHS financial reporting requirements. M/S/C – Bring, Kiesow 4. The Board received an invitation to an East Grand Forks Community Foundation dinner.

Board members reported on the following meetings: Commissioner Reports/Meetings Bring MRCC, Emergency Preparedness, Aviation Program, 5-Year Road Plan Borowicz Social Services Director’s Meeting, Employee Benefits Committee, 5-Year Road Plan Carlson Social Service Directors Info Meeting, 5-Year Road Plan, Fair Board Meeting, Kiesow Regional Radio Board, Joint Powers Board, TB Meetings, Employee Benefits Committee, 5-Year Road Plan Vonasek 5-Year Road Plan

The Board adjourned at 4:10 p.m. M/S/C- Vonasek, Kiesow