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PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS
MURRAY COUNTY GOVERNMENT CENTER SLAYTON, MINNESOTA APRIL 15, 2003 9:00 A.M. Pursuant to notice, the Murray County Board of Commissioners convened with the following members present: Commissioners Alfred Gertsema, Steve Johnson, Lyle Onken, Kevin Anderson and William J. Sauer. Also present Gary D. Spaeth, Auditor/Treasurer, Robert Klingle, Administrative Assistant to the Board and Paul Malone, County Attorney. The meeting opened by reciting the Pledge of Allegiance to the Flag. The Chairman asked if there were any additions to the agenda. Several items were added. It was moved by Alfred Gertsema, seconded by Lyle Onken and passed to approve the agenda as modified. It was moved by William Sauer, seconded by Lyle Onken and passed to approve the minutes of the April 8, 2003 meeting with one correction. A motion was duly made by Alfred Gertsema, seconded by Steve Johnson, and carried that all claims as presented were approved for payment. The Chairman was authorized to sign the Audit List dated April 2, 2003 with fund totals as follows and warrants numbered 92139 through 92196:
William Sauer presented a letter dated March 19, 2003, from the Minnesota Department of Natural Resources informing Murray County that the State is in the process of establishing an aerator permit fee of $250 per aeration permit of which Murray County has eleven. Commissioner William J. Sauer offered the following resolution and moved for its adoption:
RESOLUTION NO. 2003-04-15-01
A Resolution Opposing Legislation to Establish a $250 State Fee for Winter Aeration Permits Issued by the Minnesota Department of Natural Resources WHEREAS, The Minnesota Department of Natural Resources plans to introduce a bill to the Minnesota Legislature to establish a $250 fee for issuing winter aeration permits, and WHEREAS, Aerators operated in Murray County's eleven aerated lakes were donated by various non profit organizations and have been maintained and operated for many years by Murray County through its Parks Department, and WHEREAS, Thin Ice signs are built, installed and maintained by Murray County for the areas of open water created by the aerators, helping to ensure public safety, and WHEREAS, The involvement of Murray County in overseeing all of the aerators operated in Murray County's lakes has relieved much of the need for the Minnesota Department of Natural Resources to provide public safety for Murray County's aerators. NOW THEREFORE BE IT RESOLVED, That Murray County opposes the attempt by the Minnesota Department of Natural Resources to have a $250 State fee established for issuing winter aeration permits. The foregoing resolution was duly seconded by Commissioner Alfred Gertsema and thereupon being put to a vote all members of the Board voted for its adoption. It was moved by Steve Johnson, seconded by Lyle Onken and passed to authorize the Board as a committee of the whole to attend a meeting at Southwest State University on April 21, 2003 with Governor Pawlenty. Kevin Anderson informed the Board that 4-H will be using the horse arena at the fairgrounds on July 20 with a rain date of July 26, 2003. Gary will coordinate with Mike Bambrick and Ken Onken who will keep a schedule for using fairground buildings. Jan Voit, Administrator for the Heron Lake Watershed District met with the Board and presented the 2002 Annual Financial Report and gave an update of the projects of the District. She thanked the Board for participating in the District's projects. William Sauer brought a need for help for the parks department and informed the Board that two individuals are applying for SMOC positions and one other individual is being contacted to work temporarily. Gary Spaeth, Alfred Gertsema and Lyle Onken presented a building committee report regarding rental and deposit amounts for fairground buildings that would include restrooms. The deposit amounts would be returned if cleanup is satisfactory. It was moved by Lyle Onken, seconded by Alfred Gertsema and passed to set a $150 deposit and rent for use of fairgrounds buildings (Non profit organizations are exempt from rent) as follows:
The Building Committee agreement from November 2002 with the Slayton Women of Today for the Country Autumn Boutique will be honored, with the agreement to be reviewed following the 2003 event. Howard Konkol and Gary Brinks from the Murray Soil and Water Conservation District (SWCD) met with the Board regarding RC&D projects and presented two lists of the top four projects as selected by the County Board and the SWCD Supervisors. Each of the nine counties in the Coteau Prairies RC&D can present two projects for consideration by the RC&D Council in appropriating initial funding of $30,000. The selection process in Murray County will include an application followed by approval from both the County Board and SWCD Supervisors. From the two lists presented the following two projects will be forwarded on to the RC&D Council: Daycare Development EMT/Ambulance Equipment Howard will speak to Wonder World Preschool and Daycare and Holly Wren Wicklander, who was present as a reporter, will talk to Ambulance Director Jim Gertsema about the funds being available and about completing an application. Gary Spaeth and Howard Konkol will keep project applications available in their respective offices. The Board then discussed the repair petition to impound water on Judicial Ditch 17. Paul Malone cited Minnesota Statutes 103E.227 and 103E.701, Subd. 6 and indicated he would talk to Scot Leddy before preparing a petition for the Commissioners to initiate the process. Commissioner Alfred Gertsema offered the following resolution and moved for its adoption:
RESOLUTION NO. 2003-04-15-02
A Resolution to Initiate a Petition to Impound Waters on Judicial Ditch No. 17 WHEREAS, The Murray Soil and Water Conservation District has petitioned to impound water on Judicial Ditch 17 in Lake Elsie under Minnesota Statute 103E.701 Subd. 6, and WHEREAS, The opinion of the Murray County Attorney is that the impounding of drainage system water in this case needs a more formal petition following Minnesota Statute 103E.227, and WHEREAS, An Engineer at the Southwest Prairie Group 9 Joint Powers Organization has designed a project for impounding water and the project already appears to have public support. NOW THEREFORE BE IT RESOLVED, That the Murray County Board of Commissioners, acting as the Drainage Authority for Judicial Ditch 17, authorizes the County Attorney to prepare a petition for signatures to impound water according to Minnesota Statute 103E.227. BE IT FURTHER RESOLVED, That a public hearing be set for May 13, 2003, at 10:00 a.m. as set forth in Minnesota Statute 103E.227 Subd. 3(b) The foregoing resolution was duly seconded by Commissioner William J. Sauer and thereupon being put to a vote all members of the Board voted for its adoption. Randy Groves met with the Board and requested signatures for the construction contract with Rupp Construction for SAP 51-640-02. It was moved by Steve Johnson, seconded by William Sauer and passed to authorize the Chairman to sign the contract with Rupp Construction on SAP 51-640-02. Randy distributed to the Board a reminder regarding farming within road rights-of-way that he has prepared for the radio. It was moved by Steve Johnson, seconded by William Sauer and passed to set the bid letting date for SAP 51-617-06, SAP 51-617-07 and SAP 51-145-05 for May 20, 2003 at 10:30 a.m. Randy reported that the Minnesota Department of Transportation has cut bridge funding with several projects to be delayed until next year as a result. Karen Onken presented information from a Public Hearing held on April 9, 2003 on an application for rezoning a parcel of land 450' x 350' in the NW ¼ Sec. 2 Mason Township along CSAH 13 from Agricultural to General Business. Karen referenced a public comment from Pete Bloemendaal that a frontage road be required and a letter dated April 7, 2003 received from Randy Groves who was present. Karen presented the recommendation from the Planning Commission to approve the rezoning request with no conditions. Karen distributed an excerpt from the Murray County Comprehensive Land Use Plan under Transportation regarding access to CSAH 13, which the Planning Commission chose not to address in its recommendation. The Board discussed limiting the rezoning request area to one access. It was moved by Steve Johnson, seconded by Alfred Gertsema and passed to accept the recommendation of the Planning Commission to rezone a parcel of land 450' x 350' in the NW ¼ Sec. 2 Mason Township from Agricultural to General Business. William Sauer and Lyle Onken voted nay. The issue of access to CSAH 13 will be left to the County Engineer and the landowner to work out. It was moved by Lyle Onken, seconded by Alfred Gertsema and passed to initiate a rezoning of all of Section 9 Slayton Township, except that part lying within the Slayton City Limits, to change the east 590' thereof from Industrial to Residential and remaining portions from Industrial to either Agricultural or Shoreland Management District and to waive the $400 Rezoning permit fee. It was moved by William Sauer, seconded by Steve Johnson and passed to approve the following liquor licenses: County Combination Liquor License On and Off Sale License No. 1 to Jessica Mitchell dba Corral Supper Club County Liquor Sunday Only On Sale License No. 1A to Jessica Mitchell dba Corral Supper Club County Combination Liquor License On and Off Sale License No. 2 to Suzanne W. Seleskie dba Valhalla Ballroom dba Key Largo Bar & Grill County Liquor Sunday Only On Sale License No. 2A to Suzanne W. Seleskie dba Valhalla Ballroom dba Key Largo Bar & Grill County Combination Liquor License On Sale No. 4 to Shetek Steakhouse, Inc. dba Valhalla Steakhouse, Inc. County Liquor Sunday Only On Sale License No. 4A to Shetek Steakhouse, Inc. dba Valhalla Steakhouse, Inc. It was moved by Alfred Gertsema, seconded by Lyle Onken and passed to authorize the Chairman to sign a Subordination Agreement with Dean R. and Judith E. Salmon. Commissioner Alfred Gertsema offered the following resolution and moved for its adoption:
RESOLUTION NO. 2003-04-15-03
A Resolution to Establish a Trading Account with US Bancorp Piper Jaffray, Inc. RESOLVED, That the County (Corporation) is hereby authorized and directed to establish and maintain one account, and to engage in any of the transactions hereinafter described, with or through, US Bancorp Piper Jaffray, Inc. through an Account or otherwise. US Bancorp Piper Jaffray, Inc. is authorized to act as principal or agent in such transactions; RESOLVED, That the Corporation is hereby authorized and empowered to purchase, hold, exercise, convert, tender, redeem, exchange, transfer, assign, sell, enter into, write, issue, terminate, amend and otherwise deal and trade, singly or in combination, in the following: · Debt Securities: any and all forms of bonds, debentures or notes of any coupon (including zero coupon) or maturity, limited to, obligations issued or guaranteed by the United States Government or any of its agencies or instrumentalities, Government Sponsored Enterprises (limited to Fannie Mae, Freddie Mac, the Federal Farm Credit Banks Funding Corporation, the Federal Home Loan Banks and Sallie Mae); · Money Market Instruments, Bank Notes and Bank Loans: money market instruments, limited to, bankers acceptances, certificates of deposit and commercial paper, deposit notes and other bank notes and corporate, commercial or sovereign loans or obligations. Authorized Officer RESOLVED, That each of the officers or agents of the Corporation listed below is hereby individually authorized for and on behalf of the Corporation (1) to give to and receive from US Bancorp Piper Jaffray, Inc. oral or written instructions, confirmations, notices or demands with respect to any Account or transaction; (2) to have complete authority at all times to bind the Corporation to enter into and perform any transaction or agreement, amendment or modification thereof, relating to any Account or transaction involving the Corporation; (3) to pay in cash or by check or draft drawn upon the funds of the corporation any sums required to be paid in connection with any Account or transaction; (4) to order the transfer or delivery of any securities, funds or other property to such officer or agent or to any other person; (5) to order the transfer of record, funds or other property to any name and to accept delivery of any securities, funds or other property; (6) to direct the sale or exercise of any rights with respect to any securities or other property; (7) to sign for and on behalf of the Corporation all agreements, confirmations, releases, assignments, powers of attorney or other documents in connection with any Account or transaction; (8) to agree to any terms or conditions affecting any Account or transaction; (9) to endorse any securities or other property in order to pass title thereto (or to any interest therein); (10) to direct US Bancorp Piper Jaffray, Inc. to surrender any securities or other property for the purpose of effecting any exchange or conversion thereof or otherwise; (11) to appoint any other person or persons to do any and all things which such officer or agent is hereby empowered to do; and (12) generally, to take all such action as such officer or agent may deem necessary or desirable to implement or facilitate the trading activities authorized in the preceding Resolution. Name of Officer Title Gary D. Spaeth Murray County Auditor/Treasurer Effectiveness of Resolutions RESOLVED, That the foregoing Resolutions shall apply to all transactions and agreements between the Corporation and US Bancorp Piper Jaffray, Inc., even if such transactions and agreements were entered into by the Corporation and US Bancorp Piper Jaffray, Inc. prior to the adoption of such Resolutions (which prior transactions and agreements with US Bancorp Piper Jaffray, Inc. are hereby ratified in all respects), shall supersede any prior resolutions dealing with the subject matter covered herein and shall remain in full force and effect in all respects until the close of business on the day after US Bancorp Piper Jaffray, Inc. receives written notice of the modification or revocation thereof at its offices located at 800 Nicollet Mall, Suite 800, Minneapolis, MN 55402-7020 The foregoing resolution was duly seconded by Commissioner Lyle Onken and thereupon being put to a vote all members of the Board voted for its adoption. Commissioner Steve Johnson offered the following resolution and moved for its adoption:
RESOLUTION NO. 2003-04-15-04
A Resolution Supporting Our Armed Forces in the Conflict With Iraq WHEREAS, The President of the United States has ordered military action in Iraq; and, WHEREAS, More than 250,000 men and women of the United States Armed Forces are now stationed in the Middle East; and, WHEREAS, Members of the Minnesota National Guard and Reserve units assigned in Minnesota have been deployed in the Middle East in support of active duty military units; and, WHEREAS, The citizens of Minnesota have great pride in the men and women of the United States Armed Forces and support them in their efforts; and, WHEREAS, The citizens of Murray County deeply appreciate the great personal sacrifices being made by our military personnel in the Persian Gulf and by their families and loved ones back home; NOW, THEREFORE, BE IT RESOLVED, That the Murray County Board of Commissioners unequivocally supports the men and women of our Armed Forces who are carrying out their missions with professional excellence, dedicated patriotism, and exemplary bravery; and BE IT FURTHER RESOLVED, That the Board of Commissioners urges local government agencies, religious institutions, employers, schools, charitable organizations, and all our citizens to do all that is humanly possible to assist the families and loved ones of our Armed Forces member with all necessary and available support. The foregoing resolution was duly seconded by Commissioner Lyle Onken and thereupon being put to a vote all members of the Board voted for its adoption. It was moved by Alfred Gertsema, seconded by Lyle Onken and passed authorizing an overnight stay for William J. Sauer and Gary D. Spaeth to attend an MACA Technical Workday on April 24, 2003 at Sheraton Four Points-Midway in St. Paul, MN. Commissioner Steve Johnson offered the following resolution and moved for its adoption:
RESOLUTION NO. 2003-04-15-05
A Resolution Opposing Passage of Legislation Instituting a Reverse Referendum on Tax Levy Increases WHEREAS, Article 5, Section 1, Subd. 9 of H.F. 751 as introduced in the 2003 session of the Minnesota Legislature calls for creation of law which would implement a reverse referendum procedure on tax levy increases; and, WHEREAS, This reverse referendum requirement could lead to the eventual dismantling of local government services to citizens and to diminishing the quality of life of Minnesotans; and, WHEREAS, Said legislation flies in the face of the principles of representative democracy, dating back to the days of Thomas Jefferson and James Madison; and, WHEREAS, The citizens of Minnesota already have an enhanced role through electing local officials to become knowledgeable and to make informed decisions on behalf of their constituents, and through extensive citizen involvement on a daily basis; and WHEREAS, Such a proposal breaks with long-standing historical legislative policy allowing for local control and local accountability, two of the most appropriate constraints on property taxes; and, WHEREAS, The duly elected commissioners of the respective 87 Minnesota counties annually construct and prudently adopt an annual budget which results in property tax levies suited to the needs of the county; and WHEREAS, Ample opportunities to influence the annual property tax levy are granted to citizens through public meetings of budget committees or the full board of commissioners as well as the annual Truth in Taxation process; and, WHEREAS, Such a referendum would create an expensive unfounded mandate of a special election which tend to have mediocre voter turnouts and, as a result, the outcome of the vote can be a poor representation of the will of the majority; and, WHEREAS, County commissioners stand before their constituents with a willingness to accept full responsibility for property tax increases that are justified, fiscally prudent, and serve the best long-term interests of the community even if short-term political considerations might dictate otherwise; and, WHEREAS, Other than raising fees, county governments in Minnesota have only the property tax levy available to meet the inflationary and population-driven demands of the mandated and essential services delivered to citizens; and, WHEREAS, Implementation of a local reverse referendum on property tax decisions could seriously jeopardize and cloud bond ratings and the ability to adequately fund debt service on existing debt; and, WHEREAS, The necessary increases in the tax levy do not, in and of themselves, raise property taxes, which are affected by numerous other factors including class rate reductions, limited market value, programmatic aids, and property tax relief determined by the state legislature: NOW, THEREFORE, BE IT RESOLVED, That the Murray County Board of Commissioners hereby opposes passage of legislation, which would impose a reverse referendum on tax levy increases. BE IT FURTHER RESOLVED, That copies of this resolution be forwarded to Governor Tim Pawlenty; Senate Majority Leader John Hottinger; Speaker of the House Representative Steve Sviggum; Senator Larry Pogemiller, Chair of the Senate Committee on Taxes; Representative Ron Abrams, Chair of the House Taxes Committee; local state legislators; and the Association of Minnesota Counties (AMC). The foregoing resolution was duly seconded by Commissioner William Sauer and thereupon being put to a vote all members of the Board voted for its adoption. It was moved by Steve Johnson, seconded by Lyle Onken and passed to authorize the Chairman to sign the 2003 Agreement with the Murray County Racing Association for use of the Fairgrounds, including the Association being responsible for cleanup after each race. Commissioner Steve Johnson offered the following resolution and moved for its adoption:
RESOLUTION NO. 2003-04-15-06
A Resolution Authorizing Execution of the 2003 Boat and Water Safety Agreement WHEREAS, Murray County has participated in a Boat and Water Safety Program for many years; and WHEREAS, Murray County has found a need for an active and continued Boat and Water Safety Program; and, WHEREAS, The State of Minnesota, Department of Natural Resources has submitted the Annual County Boat and Water Safety Agreement for the term of January 1, 2003 through December 31, 2003, with a grant payment of $4,351.00; and WHEREAS, This Agreement is acceptable and considered beneficial for the continual operation of a Boat and Water Safety Program: NOW, THEREFORE, BE IT RESOLVED, That the Murray County Sheriff, the Murray County Chairman of the Board of Commissioners, and the Murray County Auditor/Treasurer be authorized to sign this said Annual Boat and Water Safety Agreement and submit it to the State of Minnesota, Department of Natural Resources for processing. The foregoing resolution was duly seconded by Commissioner Lyle Onken and thereupon being put to a vote all members of the Board voted for its adoption. Jim Reinert met with the Board to address a conversation the Board had with Rick Morrow from IES at the April 8, 2003, meeting. Jim reviewed his understanding of why Murray County has not switched to an ALI database 911 system. He stated that since the County has an enhanced 911 system in place, based on an LLI database that we were waiting for full phase II cellular phone capabilities to become available before improving our existing system. He further stated that, in his opinion, the County should proceed slowly to take advantage of technological advances with a tentative construction time of 2005. The Board urged that a Public Service Announcement be made on what the current capabilities of Murray County's E911 system are so as to keep the public more informed on limitations of using cellular phones in an emergency. It was pointed out that a call to 507-836-6168, instead of dialing 911 when using a cellular phone would give the any caller a direct line to the Murray County Sheriff's office versus the 911 call being routed possibly to another county first. The Board recessed at 12:21 P.M. for lunch. Vice-Chairman Steve Johnson reconvened the meeting at 3:16 P.M. following the Hospital Board meeting. Kevin Anderson was not present. The Board discussed funding for a food service and garages building project, which was also discussed at the Hospital Board meeting. The Board needs to consider appropriating $450,000 of designated County Revenue Fund Reserves toward construction, which would be a county owned facility and run as an enterprise fund through the Sunrise Terrace Fund. The Board requested more information on ownership of the property due to the Slayton Economic Development Authority's involvement in the Sunrise Terrace Building and on plans for repayment of the $450,000. The Commissioners gave their committee reports. Kevin Anderson reported on Extension March 21, AMC Legislative March 25-27, Board Retreat March 28, Energy Task Force March 31, Extension and Personnel April 1, Ditch Viewers Training April 7, Drainage Authority and Personnel April 8, Beaver Creek CWP April 14. Alfred Gertsema reported on RSVP March 20, Landfill Task Force March 25, Board Retreat March 28, Solid Waste March 31, Planning Commission April 9, Shetek Medical Services April 10, RSVP and Buildings & Grounds April 11. Alfred Gertsema left the meeting at this time. Steve Johnson reported on Planning Commission March 24, AMC Legislative March 25-27, Board Retreat and RC&D March 28, Personnel and Planning Commission April 1, Ditch Viewers Training April 7, Drainage Authority and Personnel April 8, Drainage Conference April 9, Beaver Creek CWP April 14. Lyle Onken reported on AMC Legislative March 25-27, Board Retreat March 28, Extension April 1, Ditch Viewers Training April 7, Drainage Authority April 8, Drainage Conference April 9, Shetek Medical Services April 10, Buildings & Grounds April 11. William J. Sauer reported on Plum Creek Library March 18, Heron Lake Watershed District March 19, SMOC March 24, Landfill Task Force March 25, AMC Legislative March 25-27, Board Retreat March 28, Park Board April 2, Drainage Authority April 8, Drainage Conference April 9, Seven Mile Lake Park April 10, Des Moines River CWP April 11. It was moved by Lyle Onken, seconded by William Sauer and passed to approve the Commissioner Vouchers. The meeting adjourned at 4:07 P.M.
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Commissioner's Meeting Minutes
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