OFFICIAL PROCEEDINGS MARSHALL COUNTY BOARD OF COMMISSIONERS *UNAPPROVED* January 20, 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, and Auditor-Treasurer Scott Peters. The January 20, 2009 meeting agenda was approved with additions. M/S/C – Carlson, Bring The Board approved the January 6, 2009 meeting minutes with corrections. M/S/C – Borowicz, Kiesow ‘Thank You’ letters from the Marshall County Mounted Posse, Warren Volunteer Ambulance and the family of Maxine Penas were shared. The following meal and per diem resolution was approved. RESOLUTION 01-20-01 – Meals and Per Diems Sharon Bring Kenneth Borowicz Curtis Carlson Gary Kiesow Leroy Vonasek Darlene Bates David Clark Russell Steer $300.00 $120.00 $240.00 $300.00 $120.00 $120.00 Totals $1200.00 $13.29 $29.45 $7.72 $53.35 $23.67 $127.48 M/S/C – Bring, Borowicz Social Services Director Jennifer Anderson addressed the Board and received acceptance and approval in the following areas: General The Christmas Project Report was approved, commending all persons involved for their efforts and accomplishments. M/S/C – Carlson, Bring Personnel The Board approved the following personnel items. 1) Resignation: a) Norma Hvidsten, Volunteer Services Coordinator, effective 5/29/09, thanking her for many years of dedicated service to the County b) Refill Volunteer Services Coordinator position, as warranted 2) Leave of Absence – Amber Buzick, Social Worker, effective approximately 2/5/09 – 5/3/09 3) Social Worker Training Plan Successfully completed – Katie Edgar, Social Worker, Original Appointment Probationary, effective 12/15/08 4) Professional Organization Memberships – as warranted M/S/C – Borowicz, Kiesow Policy The Food Support Performance Bonus was approved. M/S/C – Kiesow, Bring Licensing and Contracts The Board approved Contracts with Senior Companion and Valley Housekeeping, Marshall County Group Homes, Warren ODC Habilitation and Training Center, and Thief River Falls Merit Care. M/S/C – Carlson, Bring Director’s Administrative Report The Quarterly Budget Report was approved. M/S/C – Borowicz, Kiesow Authorizations Case Activity, Bills, and Director Actions received Board approval. M/S/C – Kiesow, Bring Assistant Highway Engineer Rodney Teigen met with the Board and received approval on the following resolutions. RESOLUTION 01-20-02 WHEREAS, the Marshall County Highway Department proposes to reconstruct and improve a portion of County State Aid Highway No.10, known as SP 45-610-12; located between CSAH No. 4 and CSAH No. 5, from a point at or near the Southeast Corner of Section Seven (7), T156N, R49W to a point at or near the Northeast Corner of Section Five (5), T157N, R49W. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 & 25 14 15 & 27 16 17 18 19 20 21 22 23 24 NAME Mr. & Mrs. Robert Chwialkowski et al. Mr. & Mrs. John Widner Mr. & Mrs. John Holter et al. McFarland Corner Farm, a Partnership Inez Johnson et al. Mrs. Frances Crummy et al. Mrs. Frances Crummy et al. Mr. & Mrs. Steven McGlynn Jay H. Johnson et al. Esther Thibodo et al. Charles Halvorson Mr. & Mrs. Leif Aakre Mr. & Mrs. David Haugen et al. Mr. & Mrs. Leland Enge et al Gregory Carlson et al. Mr. & Mrs. Donald Nelson et al. Mr. & Mrs. Richard Gajeski Mr. & Mrs. Kenneth Kuznia et al. Douglas Thibodo et al. James Teske et al. Thomas Bates Kent C. Peterson & Mr. & Mrs. Mark P. Anderson Lois L. Peterson et al. Lois L. Peterson et al. 26 28 29 30 31 32 33 34 35 36 37 Hazel Sundby Mr. & Mrs. John Roehrs et al. Jeanne Durand Karen Sabine Ruble Mr. & Mrs. Gerald Ammundgaard Wallace LaBine Mary LaBine Mr. & Mrs. Mark Stoltman Mr. & Mrs. Gayle Stoltman Preston Stoltman Mr. & Mrs. Terry Beaudry 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 – Borowicz, Carlson RESOLUTION 01-20-03 WHEREAS, the Marshall County Highway Department proposes to reconstruct and improve a portion of County State Aid Highway No. 4, known as SP 45-604-23; located between Trunk Highway No. 220 and CSAH No. 10, from a point at or near the Southwest Corner of Section Nine (9), T156N, R50W to a point at or near the Southeast Corner of Section Seven (7), T156N, R49W. 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. 1 2 3,7,19 4 5 & 20 6 8 9 10 11 12 13 & 15 14 16 17 18 21 & 22 NAME Mr. & Mrs. Ronald Osowski Mr. & Mrs. Marvin Swanson et al. Mr. & Mrs. Kenneth Malm Mr. & Mrs. Curtis Carlson Mr & Mrs. Dwight Flaten Mr. & Mrs. Wayne Malm Mr. & Mrs. Authur Hebert et al. Mr. & Mrs. Robert Chwialkowski et al. Mr. & Mrs. John Widner Mr. & Mrs. Lawrence LaBine Mr. John Dibrito Mr. & Mrs. Gene Cronkhite McFarland Corner Farm, a Partnership Mrs. Judith Swanson Flaten et al. Ms. Debra Sauakojus Mr. & Mrs. Terry Beaudry Cary Osowski 23 24 Mr. & Mrs. John Holter Mrs. Ivadelle Haugen et al. 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 – Bring, Borowicz Commissioner Carlson abstained from voting on Resolution 01-20-03. Mr. Teigen provided a progress report on upcoming projects and activities at the highway department. County Park Manager Al Kuck met with the Board, reviewed the 2009 park budget, and discussed various management aspects of the park. The Board recessed for lunch at 12:00 p.m. and reconvened at 1:00 p.m. Emergency Manager/Ag Inspector Gary Durand met with the Board to review the 2009 budgets for these departments. Water Plan Coordinator Jan Kaspari reviewed a position statement on oversight for Parks and Trails. The Board approved to support the coalition to provide oversight for the Greater Minnesota Regional Parks and Trails. M/S/C – Bring, Carlson Ms. Kaspari shared a Heritage Amendment, Clean Water Project List, provided an update on water grants in her department, and reviewed landowner fee schedule revisions with the Board. The Board approved the fee revisions as recommended. M/S/C – Carlson, Kiesow RESOLUTION 01-20-04 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: December 16, 2008 December 19, 2008 December 31, 2008 January 9, 2009 January 16, 2009 January 16, 2009 $26,848.80 $187,572.05 $158,758.96 $133,977.03 $177,555.63 $43,858.69 Total $728,571.16 Commissioner bills: $466,028.68 M/S/C – Kiesow, Bring Auditor-Treasurer Scott Peters shared the following in his report: 1. Two Lost Warrant Resolutions received Board approval 2. ‘Thank You’ correspondence from Holt and Newfolden LSS Nutrition Program 3. Emails from Rick Holmes regarding access in Section 6 Spruce Valley Township. The Board agreed to follow the advice from Attorney Williams to not allow a permanent easement across the County property as requested, but would allow Mr. Holmes access across the County property as long as it is owned by the County, and would welcome Mr. Holmes to meet directly with the Board to discuss this further before a final motion would be considered by the Board. 4. Correspondence from Arnold Stanley indicating that he is resigning from the Red Lake Watershed Board due to health reasons. 5. The Board reviewed correspondence from the Citizens for Farmland Preservation regarding alleged open meeting law violations of the Red River Watershed Management Board. 6. The Board reviewed correspondence from a concerned citizen group encouraging the Board to pass a resolution regarding alleged open meeting violations of the Red River Watershed Management Board. The Board took no action on this correspondence due to the RRWMB not being under Marshall County jurisdiction and due to no signatures on the request. 7. The Board reviewed correspondence dated 1/16/09 from Jim Stengrim in response to reaction from the County Board on 1/6/09 to an earlier letter dated 1/5/09 from Mr. Stengrim concerning maintenance of JD 25-1. The Board also reviewed correspondence from Elden Elseth and Loren Zutz relating to the same, correspondence in response to the same from County Attorney Mike Williams and MST Watershed Attorney Jeff Hane. The Board agreed to follow the position stated in a 1/19/09 letter from Attorney Williams regarding this matter to not assume jurisdiction over JD 25. RESOLUTION 01-20-05 – Lost Warrant BE IT RESOLVED, Marshall County officials are directed to cancel a lost warrant #188425 dated October 24, 2008 issued to LPHA, in the amount of $80.00. The Board also approved to waive the furnishing of a bond and authorizes said office to reissue a new warrant in the above amount using a new warrant number. M/S/C – Carlson, Borowicz RESOLUTION 01-20-06 – Lost Warrant BE IT RESOLVED, Marshall County officials are directed to cancel a lost warrant #188471 dated October 24, 2008 issued to Yellowbook USA, in the amount of $718.20. The Board also approved to waive the furnishing of a bond and authorizes said office to reissue a new warrant in the above amount using a new warrant number. M/S/C – Borowicz, Kiesow The Board approved the following resolution for annual Con Con disbursements. RESOLUTION 01-20-07 – Con Con Disbursements WHEREAS, Minnesota Statute 84A.51, Subd. 4 allows for 30% of the funds received by a County from the State Consolidated Account from State lands in a County’s Consolidated Conservation Area to be apportioned to a County Development Fund, which is created and expenditures from which are directed by the County Board for the rehabilitation and development of the portion of the County within the conservation area, and WHEREAS, Marshall County accepts applications for disbursement of these funds anytime between January 1st through December 31st of a fiscal year and reviews all applications annually in January of the following year by a County established Con Con committee, and WHEREAS, the Con Con committee reviews and makes funding recommendations to the County Board for consideration at the second regular meeting of the County Board, THEREFORE BE IT RESOLVED, that the following appropriations from the County Development Con Con Fund are hereby approved by the Marshall County Board: Grygla Fire Grygla City MB SWCD Area Ag Info. Center Goodridge Fire Equipment Senior Center Maintenance 2009 Operating Funds 2009 Operating Funds Equipment $5,000 $3,000 $10,000 $1,500 $5,000 Brian Olson Arena MarBel Homes Maintenance Expenses Housing Rehab $1,000 $10,000 Expenditures approved and paid out in 2008 include: MB SWCD Roseau County M/S/C – Kiesow, Bring 2008 Operating Funds Bovine TB Program $5,000 $2,100 The following Commissioner/Committee Reports were shared: Commissioner Meeting/Report Borowicz KaMaR, Quin Bring MarKit, Marshall County Council on Aging Carlson NW Mental Health, KaMaR, MarKit Kiesow Regional Radio Board The meeting adjourned the meeting at 4:07 p.m. M/S/C – Carlson, Kiesow OFFICIAL PROCEEDINGS MARSHALL COUNTY BOARD OF COMMISSIONERS January 6, 2009 9:00 A.M. Marshall County Boardroom *UNNAPPROVED* Auditor- Treasurer Scott Peters called the meeting to order with Commissioners Sharon Bring, Gary Kiesow, Curtis Carlson, Kenneth Borowicz, LeRoy Vonasek, and AuditorTreasurer Scott Peters present. Dave Jameson and Nate Sustad were also present. Court Administrator Jan Johnston administered the oath of office for newly elected Commissioners Sharon Bring and Curtis Carlson. Auditor-Treasurer Peters called for nominations for Chairperson for 2009. The Board nominated and approved LeRoy Vonasek as Board Chair. M/S/C – Carlson, Bring Commissioner Vonasek presided over the meeting and called for nominations for 2009 Vice Chairperson. The Board nominated and approved Commissioner Borowicz as 2009 Vice Chairperson. M/S/C – Kiesow, Carlson The Board approved the January 6, 2009 meeting agenda with additions. M/S/C – Bring, Borowicz The minutes from the meetings of December 16, 2008, recessed meeting of December 23, 2008, and recessed meeting of January 5, 2009 were approved with corrections. M/S/C – Carlson, Bring Bids for County Paper for 2009 were opened as follows: Stephen Messenger 1st Publication $.17½ per line 2nd Publication $.35 per line Warren Sheaf declined to bid $.38 per line The Board awarded the 1st publication to the Stephen Messenger and the 2nd publication to the Warren Sheaf. M/S/C – Carlson, Kiesow The Board reviewed a MRCC priority list for 2009. The Board approved to set County Board meetings on the 1st and 3rd Tuesday of each month at 9:00 a.m. M/S/C – Carlson, Bring The Board approved to set the 2009 mileage rate at the IRS recommended rate (currently at $.55 per mile) and meal rates at $25 per day only for overnight travel. M/S/C – Borowicz, Bring RESOLUTION 01-06-01 – Depository Resolution BE IT RESOLVED, that the following will be listed as depositories for Marshall County in 2009. American Federal Savings and Loan – Warren American State Bank – Grygla United Valley Bank – Argyle Border State Bank – Middle River Bremer Bank – Warren Marshall County State Bank – Newfolden Community Bank of the Red River Valley – Warren/Oslo Citizens State Bank Midwest – Stephen Magic Fund – Ambec Wachovia Bank A.G.Edwards Wells Fargo M/S/C – Kiesow, Carlson The 2009 Beaver Bounty was approved to be set at $40 each with prior Commissioner approval. M/S/C – Bring, Kiesow The Board set the 2009 Gopher Bounty at $.37½ per gopher with a limit of $1500 total County expenditures. M/S/C – Carlson, Borowicz The Board reviewed and approved the 2009 County Committee appointment listing on file with the Auditor and posted on the bulletin board and web site. M/S/C – Carlson, Bring County Engineer Lon Aune met with the Board. The Board approved the following final payment resolution. RESOLUTION # 01-06-02 WHEREAS, the Engineer in charge has filed his final certificate setting forth that the Contractor on SP 45-617-12 has complete the contract in accordance with plans and specifications and the total cost of said job was $696,997.35 and the balance due the Contractor is $34,849.88. NOW THEREFORE, BE IT RESOLVED that said certificate be and the same is hereby approved and the County Auditor is hereby authorized to issue a warrant on the Road & Bridge Fund in the amount of $34,849.88 to Korby Contracting Co., Inc. M/S/C – Carlson, Bring Mr. Aune informed the Board that Marshall County was awarded a grant for modernizing ditch records. Mr. Aune reported that the highway department has applied for stimulus funds for a bridge project on County Road 15. The Board reviewed correspondence from Jim Stengrim regarding a request to the County to petition the court to take back authority of repair and maintenance of JD 25-1 with Engineer Aune and County Attorney Mike Williams. The Board declined to take action on Mr. Stengrim’s request upon advice from County Attorney Williams and Engineer Aune and encouraged the Watershed District and Mr. Stengrim to work cooperatively to find a resolve on this issue. M/S/C – Kiesow, Vonasek Auditor Treasurer Peters presented the following in his report: 1. The Board authorized Wynne Consulting to readvertise for bids requesting appraisal services for flood buyout properties. M/S/C – Carlson, Bring 2. The Board approved ditch borrowing for 2008 year end negative balances from the General Revenue Fund. M/S/C – Borowicz, Carlson 3. Thank You from the Middle River/Thief Lake Living at Home Block Nurse Program. 4. Five Year Financial Report 5. December and Year End Ditch Report 6. The Board denied a contract for Grant Preparation Services from Wynne Consulting at this time due to budget constraints. M/S/C – Borowicz, Bring 7. The Board completed annual Data Practices/HIPAA training. Commissioner Borowicz provided correspondence from Enbridge regarding payment for crop damages from their recent line expansion project. The Board approved to have Auditor Peters to draft a letter listing concerns by the County on the late settlements to farmers for crop damages by Enbridge. The following Commissioner/Committee Reports were shared: Commissioner Meeting/Report Borowicz Benefit Committee, Quin County Bring MarKit, Legislator meeting Carlson MarKit, Building Committee Kiesow Legislator meeting, Benefit Committee Vonasek Tri Valley, MarKit, Pembina Trails, Building Committee The Board approved the following actions relating to budget concerns effective immediately: 1. Hiring freeze for all open positions. 2. Share correspondence with neighboring Counties and other governmental agencies to share employment positions. 3. Direct frugality by all departments for spending until more information is available on state funding shortfalls. 4. Limit travel to only most needed circumstances as determined by department heads. 5. All equipment purchases must have prior approval of the Board. 6. No meal reimbursements except for overnight travel. The Board meeting adjourned at 12:25 p.m. M/S/C – Carlson, Bring __________________________________________________ CHAIRPERSON, MARSHALL COUNTY BOARD OF COMMISSIONERS ATTEST: ___________________________________________________ MARSHALL COUNTY AUDITOR-TREASURER