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PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS
MURRAY COUNTY GOVERNMENT CENTER – SLAYTON, MINNESOTA
July 14, 2009 – 8:00 a.m.
Pursuant to notice, the Murray County Board of Commissioners convened with the following members present: Commissioners John Giese, Gerald Magnus, Robert Moline, William J. Sauer and Kevin Vickerman. Also present Heidi Winter, Auditor-Treasurer 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 William J. Sauer, seconded by John Giese and passed to approve the agenda as modified. It was moved by Robert Moline, seconded by John Giese and passed to approve the minutes of the July 7, 2009 meeting.
The individual Commissioners reported on their ditch inspections.
A motion was made by Robert Moline, seconded by William J. Sauer, with all members of the Board voting their approval to accept the report of the Ditch Committee of the County and Judicial Ditches lying within the County of Murray on those petitions for repair that have been inspected for determining what repairs, if any, are necessary, the extent and nature of such repairs, an estimated costs of such repairs or a list of bills presented for payment that will enable said ditches to answer their purposes and to pay all bills contained within the report.
The following bills were contained within the report:
CONTRACTOR AMOUNT INSPECTOR
Gass Trenching
Judicial Ditch No. 26 3,077.90 W Sauer
TOTAL for Gass Trenching 3,077.90
Johnson Ditching
Judicial Ditch No. 14 1,838.43 G Magnus
County Ditch No. 21 8,334.45 R Moline
Judicial Ditch No. 14 1,510.00 R Moline
TOTAL for Johnson Ditching 11,682.88
TOTAL for Contractor Bills 14,760.78
Commissioner Moline reported on three residents who had minor crop damage from the Aerial Ditch Spraying done by Teryjon Aviation. He has met with the landowners for an onsite inspection, bringing a recommendation that the County reimburse for damages.
It was moved by Robert Moline, seconded by Kevin Vickerman and passed to approve payments for damages resulting from 2009 aerial ditch overspray as follows:
Kevin Wynia (Section 31-Murray Township) $400.00 (CD 27)
Donald Carlson (Section 31 – Murray Township) $150.00 (CD 27)
Ronald Dahl (Section 36 - Shetek Township) $150.00 (CD 29)
TOTAL $700.00
The Board reviewed the Teryjon Aviation Invoice.
It was moved by William J. Sauer, seconded by Kevin Vickerman and passed to pay the 2009 Aerial Ditch Spraying as follows:
List Ditches Here…
Ditch Number Acres Cost
County Ditch 4 9 $301.92
County Ditch 6 8 $268.37
County Ditch 7 24 $805.12
County Ditch 19 15 $503.20
County Ditch 20 72 $2,415.37
County Ditch 21 5 $167.73
County Ditch 22 17 $570.30
County Ditch 26 13 $436.11
County Ditch 27 10 $335.47
County Ditch 29 29 $972.86
County Ditch 30 6 $201.28
County Ditch 34 25 $838.67
County Ditch 37 4 $134.19
County Ditch 40 3 $100.64
County Ditch 41 15 $503.20
County Ditch 45 3 $100.64
County Ditch 52 5 $167.73
County Ditch 54 2 $67.09
County Ditch 63 5 $167.73
County Ditch 75 5 $167.73
County Ditch 81 4 $134.19
County Ditch 82 4 $134.19
County Ditch 89 2 $67.09
County Ditch 43M 6 $201.28
County Ditch 76A 17 $570.30
Judicial Ditch 2 12 $402.56
Judicial Ditch 3 5 $167.73
Judicial Ditch 10 16 $536.75
Judicial Ditch 12 5 $167.73
Judicial Ditch 13 15 $503.20
Judicial Ditch 14 82 $2,750.84
Judicial Ditch 15 5 $167.73
Judicial Ditch 16 3 $100.64
Judicial Ditch 19 23 $771.58
Judicial Ditch 20 4 $134.19
Judicial Ditch 27 3 $100.64
Judicial Ditch 38 5 $167.73
Judicial Ditch 20A 26 $872.22
Judicial Ditch 20A-IMPR 8 $268.37
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TOTAL 520.00 $17,444.31
Less Hold Back for Damages $700.00
Total $16,744.31 Continuing the discussion on the aerial ditch spraying, Commissioner Moline asked about the possibility of switching to fall spraying which could mitigate the possibility of crop damages. The Board, by consensus felt that it was better to stay with the late spring/early summer schedule to ensure the efficacy of the spray and to keep the weeds from seeding out. No Board action was taken. A report was given that the cement tile, currently stock piled at the landfill was sold for $400 with the purchaser hauling the tiles away and cleaning up any debris that is left. Heidi Winter reported the current value of the tile recorded in the system is $4,549.18 and asked the Board to consider a motion to allocate the loss of $4,149.18 proportionately against the ditches based on original ditch benefits. It was moved by John Giese, seconded by Kevin Vickerman and passed to allocate $4,149.18 as a loss on the sale of stock piled cement tile, proportionately against all County and Judicial Ditches, based on original ditch benefits. Commissioner Giese reported that there was an article written by Jim Robinson in the Outdoor News that shed a negative light on the Murray County ATV/Golf Cart Ordinance. The Board will have Mr. Robinson come and visit with the Board at a future meeting. No Board action was taken.
Heidi Winter presented a joint powers agreement between the State of Minnesota and Murray County which would allow the Secretary of State to hold materials from the General Election Senate Recount for the statutorily required 22 month period. This entails one challenged ballot from the Murray County Recount. She requested the Board approve the agreement and authorize her to sign the it on behalf of the County. It was moved by William J. Sauer, seconded by John Giese and passed to authorize Heidi E. Winter, Murray County Auditor-Treasurer, to sign a Joint Powers Agreement between Murray County and the State of Minnesota, allowing the Secretary of State to hold one challenged ballot from the November 4, 2009 U.S. Senate Recount for the statutorily required 22 month period.
The Board, acting as the Ditch Authority, discussed a request to make a determination on what size of culvert they would require for a private ditch crossing in Section 12 of Shetek Township. Landowner LaVonne Youngs is making the request through Attorney Kurt Deter. Commissioner Vickerman reported that there are 2 – 12’ culverts on either side of where the proposed crossing would be installed. The Board, by consensus, agreed that the crossing would have to handle the capacity of 2 – 12’ round culverts, further requiring that the plans be approved by them prior to installation. Ralph Knapp, Murray County Economic Development Authority President, reported that they made an offer for a loan to Shetek Township of up to $15,000 for 5 years at 3% to assist with replacing the Bloody Run Bridge at the height of 10’. Jim Reinert, on behalf of Shetek Township declined the original offer, countering with a request that the County loan them the $15,000 at the above stated rate and term but assist with 50% of the debt service payments. Public Comments from Eldon Lober (verbal) and Jeff Salmon (written) were given in support of the Shetek Township counter offer. Chair Magnus stated that he feels the EDA has made an adequate offer and that the County should not participate. It was moved by Kevin Vickerman and seconded by Robert Moline to authorize a disbursement from the Murray County Economic Development Authority Revolving Loan Fund to Shetek Township for up to $15,000 at 3% for 5 years (annual payments) further moving that Murray County would share in 50% of the debt service payments.
The Board Chair called for a roll call vote as follows: Kevin Vickerman – yes; Robert Moline – yes; William J. Sauer – no; John Giese – yes; Gerald Magnus – no. The motion passed.
Katie Meyer gave the personnel report: It was moved by Robert Moline, seconded by John Giese and passed to hire Eric Wieneke in the temporary position of Summer Parks Maintenance Worker in the Parks Department at the pay scale of 82 on the former pay system, effective 7/15/09. Commissioners Giese and Magnus reported on a July 10, 2009 meeting relating to the Teepeotah Areation. They met with Jeff and Chris Salmon, Josh Muecke and Chuck Obeler of the DNR to discuss options to fix the current system also discussing pricing of a bubbler system. Mr. Obeler indicated that the current system should be working properly and is puzzled as to why the lines keep surfacing. Don Gass who did the line boring in the Spring of 2008 indicated that the lines were bored down six (6) and out 200 feet and also feels that the lines should stay down. The County would need to hire a diver to fix the current lines. If the County switched to a bubbler system they would need six (6) bubblers costing approximately $1,000 for the equipment plus $200 for wiring - per unit. The County would also need an additional electrical service which would require another easement. The cost of a new system could be eligible for matching funds through the DNR. After lengthy discussion, the Board felt it would be prudent to protect the investment already made in the current system. It was moved by John Giese, seconded by William J. Sauer and passed to hire a professional diver and purchase the necessary weights and equipment to secure the Teepeotah Aeration lines to keep them from resurfacing, setting a deadline of August 20, 2009 to finish the project. Commissioner Moline voted nay. OPEN FORUM/ PUBLIC COMMENT:
· No residents were present.
Jean Christoffels and Holly Brisk presented Conditional Use Permit No. 1232 for Knife River Construction/Doug Rupp. This permit is to place an asphalt plant, stockpiling and hauling operations for the Hwy #30 project and various projects in the local area of Section 20 of Des Moines River Township. The Board received the minutes from the July 6, 2009 public hearing on this permit, which included the findings of the Planning Commission.
It was moved by Robert Moline, seconded by William J. Sauer and passed to approve Conditional Use Permit No. 1232 to Knife River Construction/Doug Rupp to place an asphalt plant, stockpiling and hauling operations for the Hwy #30 project and various projects in the local area of Section 20 of Des Moines River Township, based on the recommendation of the Planning Commission. It was moved by William J. Sauer, seconded by Kevin Vickerman and passed to approve an overnight stay for Jean Christoffels to attend the 2009 MACPZA Annual conference at Sugar Lake Lodge, Grand Rapids, MN on October 7-9, 2009.
Chair Magnus gave an update on the Regionalization of Dispatch and Public Safety Records, reporting that a committee has been set up with neighboring counties through a grant from the Department of Corrections. The Committee is Chaired by Rock County Administrator Kyle Oldre and Vice Chaired by Murray County Sheriff Telkamp. If a regional center would be established Murray County would not be eligible because it lacks the high speed technology infrastructure that would be required to support such a center. He further reported that regionalization would not result in a significant savings to the counties. Attorney Malone commented that the current dispatch and public safety records system is working well and expressed concerns with regionalization. No Board action was taken.
The Board discussed a request from the Shetek Area Water and Sewer Commission to transfer $326,000 from County Revenue into the Shetek Area Water and Sewer District Operations Fund. The transfer is for the land acquisition costs relating to the sewer ponds.
It was moved by William J. Sauer and seconded by John Giese to deny a request from the Shetek Area Water and Sewer Commission to transfer $326,000 from County Revenue into the Shetek Area Water and Sewer District Operations Fund to reimburse for land acquisition costs relating to the sewer ponds. The Board Chair called for a roll call vote as follows: William J. Sauer – yes; John Giese – yes; Kevin Vickerman – yes; Robert Moline – no; Gerald Magnus – yes. The motion passed.
The Board discussed a request from Leeds Township to share in the cost of a bridge inspection for a Township Bridge spanning a county ditch in Leeds Township. The Board approved a Bridge Load Rating Analysis Agreement on May 5, 2009 that stated Leeds Township would be responsible for all of the cost of the inspection. The Board, by consensus declined the request.
It was moved by William J. Sauer, seconded by Robert Moline and passed to set a bid letting for SAP 51-630-19 (a Bridge Replacement Project) for Tuesday August 18, 2009 at 10:30 a.m. in the Murray County Commissioners Room.
The Board discussed the 2010 Budgeting Process and Timeline.
It was moved by William J. Sauer, seconded by Robert Moline and passed to request that Department Heads hold budgets at a 0% increase 2010, with modifications to be made for Health Insurance Increases which will be available in August.
Commissioner Giese made it a point that the Board will be the first to start with the 0% increases and that the employees will not have to absorb all of it.
It was moved by Kevin Vickerman, seconded by Robert Moline and passed to set a special meeting for July 28, 2009 at 10:00 a.m. for the purpose of reviewing the Murray County Employee Policies.
Jim Reinert presented for consideration a Statement of Interest in participating in a county-wide all-hazard mitigation planning project. He reported that the County is well represented with a diverse cross section of department heads who will attend the meetings.
It was moved by William J. Sauer, seconded by Kevin Vickerman and passed to participate in the county-wide all-hazard mitigation planning project and to authorize the Board Chair to sign an agreement. TThe Commissioners gave their committee reports for June 28 –July 11, 2009. Kevin Vickerman reported that he did not have a Committee Report due to his vacation schedule. Robert Moline reported on Second Harvest Truck Volunteer (No Per Diem Claimed) – June 30, Public Health (No Per Diem Claimed) – July 6, Commissioner Meeting – July 7, District VIII Land Use and Extension – July 8, Wellness Committee, Southwest Regional Development Annual Meeting and Soil & Water Board – July 9, Murray County Draft Horse Show/Days of ’87 (No Per Diem Claimed) – July 11. John Giese reported on a Lift Station Inspection (No Per Diem Claimed) – June 29, Second Harvest Truck Volunteer (No Per Diem Claimed) - June 30, Aeration Inspection (No Per Diem Claimed) – July 1, Area II (No Per Diem Claimed) – July 2, Commissioner Meeting – July 7, Personnel Committee, Southwest Regional Development Annual Meeting and Teepeotah Aeration Meeting – July 9, Minnesota Hospital Association Annual Meeting – July 10 and 11. Gerald Magnus reported on Personnel – June 29, EDA (No Per Diem Claimed) – July 1, SAWS and Planning Commission – July 6, Commissioner Meeting – July 7, Personnel Committee and Teepeotah Aeration Meeting – July 9, Minnesota Hospital Association Annual Meeting – July 10 and 11. William J. Sauer reported on SAWS – July 6, Commissioner Meeting – July 7 and Extension Committee – July 8. It was moved by Robert Moline, seconded by William J. Sauer, and passed to approve the Commissioner Vouchers for June 28-July 11, 2009. Kent Shea presented a listing of the mileage on the motor pool vehicles. He reported that the repairs have been minimal and the mileage shows they are well utilized. It was suggested that when the Board looks at a new vehicle for the pool, they consider purchasing a fuel efficient car. No Board action was taken. A contingency representing the Murray County Relay for Life met with the Board and presented for consideration a declaration for “Paint the County Purple Days”. Commissioner William J. Sauer offered the following resolution and moved for its adoption:
RESOLUTION NO. 2009-07-14-01
A RESOLUTION DECLARING “PAINT THE COUNTY PURPLE DAYS”.
WHEREAS, Relay For Life is the signature activity of the American Cancer Society and celebrates
cancer survivors (anyone who has ever been diagnosed with cancer) and caregivers, and remembers
those lost to the disease; and empowers individuals and communities to fight back against cancer; and
WHEREAS, There are an estimated 10.5 million Americans with a history of cancer alive today; and
WHEREAS, This year alone, more than 1.5 million new cases of cancer will be diagnosed in the United States; and
WHEREAS, Money raised during the American Cancer Society Relay For Life of Murray County helps fund life saving research, education, advocacy and patient services; and
WHEREAS, Relay For Life helps fund more than $100 million in cancer research each year; of which there are currently 10 grants totaling more than $4 million dollars in Minnesota; and
NOW THEREFORE, Be it resolved that the Board of the Murray County Commissioners, of the great State of Minnesota, do hereby proclaim July 14 – August 8, 2009 as “Paint the County Purple Days”, and encourage all Murray County residents to join with the volunteers of the American Cancer Society to support this special occasion by decorating their homes and businesses with the purple.
BE IT FURTHER RESOLVED, That we further encourage government officials, businesses, communities, health care professionals, educators, and the people of Murray County to support the efforts of the American Cancer Society and reaffirm the strong and ongoing campaign against cancer.
The foregoing resolution was duly seconded by Commissioner Robert Moline, and thereupon being put to a vote all members of the Board voted for its adoption.
There being no further business the meeting adjourned at 12:13 p.m.
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