| Commissioner's Meeting Minutes |
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PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS
MURRAY COUNTY GOVERNMENT CENTER - SLAYTON, MINNESOTA MARCH 18, 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 Steve Johnson, seconded by Lyle Onken and passed to approve the agenda as modified. It was moved by Lyle Onken, seconded by Alfred Gertsema and passed to approve the minutes of the March 11, 2003 meeting with several corrections and additions. It was moved by Alfred Gertsema, seconded by William J. Sauer and passed to approve the minutes of the February 25, 2003 special meeting. A motion was duly made by Steve Johnson, seconded by William J. Sauer, and carried that all claims as presented were approved for payment with one correction to Robbie Kidman. The Chairman was authorized to sign the Audit List dated March 18, 2003 with fund totals as follows and warrants numbered 91974 through 92060:
It was moved by Steve Johnson, seconded by William J. Sauer and passed to grant the following liquor licenses: 3.2 Malt Liquor "Off Sale" License No. 8 to Sharon Johnson dba Easy Street Inc. 3.2 Malt Liquor "On and Off Sale" License No. 5 to Peter H. Bloemendaal dba Pete's Corner. 3.2 Malt Liquor "On and Off Sale" License No. 6 to Rolling Hills Golf Club, Inc. 3.2 Malt Liquor "On and Off Sale" License No. 4 to Michael Ruppert dba Ruppert Oil Co. 3.2 Malt Liquor "On and Off Sale" License No. 2 to Lee Leysen dba Breezy Point. Liquor and Sunday Only Liquor "On Sale" License No. 3 to Rolling Hills Golf Club, Inc. It was moved by Steve Johnson, seconded by William J. Sauer, with all members of the Board voting their approval, to accept the following report from the Personnel Committee and to authorize the recommended pay adjustments: Personnel Committee Report The Personnel Committee has reviewed the evaluations of these employees and recommends the following pay adjustments according to the Murray County Compensation Policies:
It was moved by Steve Johnson, seconded by William J. Sauer and passed to hire Linette Tellinghuisen and Heath Landsman as Sheriff's Deputies, effective April 1, 2003, with both placed on the pay scale at start at $13.71 an hour. It was moved by Alfred Gertsema, seconded by William J. Sauer and passed to authorize Jon Bloemendaal and Chris Hansen to attend Minnesota Environmental Crimes Awareness training on April 28-29, 2003 in Mankato, MN, with facilitator providing lodging. Commissioner Alfred Gertsema offered the following resolution and moved for its adoption:
RESOLUTION NO. 2003-03-18-01
A Resolution to Include Eighteen Shetek Area Water and Sewer District Properties in the
Anticipated 2003 Extension of the Red Rock Rural Water System WHEREAS, On November 18, 1997, the Murray County Board of Commissioners, on authority granted to them by Minnesota Statutes § 116A.02 subdivision 4, did create and establish a combined water and sewer district to be known as the Shetek Area Water and Sewer District, and by resolution established the Shetek Area Water and Sewer Commission with the rights and powers under M.S. § 116A.24; and WHEREAS, Murray County Board of Commissioners by resolution issued an order waiving Board approval of certain actions under M.S. §116A.24 subdivision 2, said resolution approved by Court Order dated September 14, 1998; and WHEREAS, Red Rock Rural Water System, a multi-county water system under M.S. §116A.01, et seq, has received petitions for inclusion into their system by certain owners located within the Shetek Area Water and Sewer District; and WHEREAS, In order for Red Rock Rural Water System to obtain legal authority and jurisdiction to serve said petitioners, it is necessary for the Shetek Area Water and Sewer District Commission and Murray County Board of Commissioners to consent to the inclusion of those users and their real property in the Red Rock Rural Water Systems. NOW THEREFORE BE IT RESOLVED, That the Murray County Board of Commissioners hereby consent to the inclusion of those 18 property owners and their property in the anticipated extension of Red Rock Rural Water System into the Shetek Area Water and Sewer District; those users and properties more specifically identified on Exhibit "A" attached hereto and incorporated by reference. Said consent is hereby contingent upon a similar consent being given by the Shetek Area Water and Sewer District Commission. 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. Mark and Suzanne Seleskie, Key Largo Bar and Grill (Key Largo) and Jerome Barstad and Reuben Madson met with the Board. (They were on the Agenda for the March 11, 2003 meeting but appeared at this time instead. The Chairman agreed to add them to the Agenda at this time). They requested that the penalty for a failed alcohol compliance check be rescinded because the County dismissed the case against the bartender. They also feel the penalty amount and the probationary period imposed by the Board by Resolution No. 2002-09-10-02 were excessive. August 8, 2002 was the second time Key Largo had violated its liquor license. Paul Malone indicated that the first offense was June 16, 1999. According to Murray County's new liquor license policy any violation not within two years would result in a $500 penalty as a first offense. If the Board would decide to apply the new policy to the August 8, 2002 violation it would make for a reduction in penalty of $1,500 from the original $2,000 penalty. Their plea to have the entire penalty removed is so that their names can be cleared. They made allegations of a conspiracy against Key Largo by former Sheriff Dick Kottom. Paul Malone responded that if something illegal was done it should be brought out. Reuben Madson addressed the Board and indicated he had recently befriended the Seleskie's. A motion was made and seconded to reduce the $2,000 penalty to $500 but was retracted prior to a vote being taken when Mark Seleskie indicated he would use the $1,500 refund to fund a lawsuit that he would bring against Murray County. No action was taken. Randy Groves and Keith Rossow were present to give the semi-monthly Highway Department report. Eight Contractor representatives were also present for the SAP 51-640-02 bid opening at 10:30 A.M. The bids were opened and read as follows:
Bids were taken back to the Highway Department by Keith Rossow for tabulation. Randy presented Minnesota Department of Transportation Agency Agreement No. 84146 and a proposed resolution to the Board for adoption. Commissioner William J. Sauer offered the following resolution and moved for its adoption: RESOLUTION NO. 2003-03-18-02 A Resolution for Agency Agreement Between Department of Transportation and Murray County for Federal Participation in Construction BE IT RESOLVED, The Chairman and the Auditor are hereby authorized and directed for and on behalf of the County to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 84146", a copy of which said agreement was before the County Board and which is made a part hereof by reference. The foregoing resolution was duly seconded by Commissioner Steve Johnson and thereupon being put to a vote all members of the Board voted for its adoption. It was moved by William J. Sauer, seconded by Lyle Onken and passed to authorize the Auditor/Treasurer and Chairman to sign Agency Agreement No. 84146 between the Minnesota Department of Transportation and Murray County. A call was taken from Accounting Technician Lisa Saner from the Highway Department who indicated that all of the bid amounts were correct. It was moved by William J. Sauer, seconded by Alfred Gertsema, and passed to award a contract to Rupp Construction Co., Inc. on the SAP 51-640-02 for $347,864.50 Reuben Madson returned to the meeting having spoken with Mark Seleskie about his earlier remarks to the Board. He convinced Mark that he should approach the Board to make amends and ask the Board to again consider taking action to reduce the penalty as discussed earlier. The Board agreed to hear him again on the matter. Paul Malone reported that the contractor's insurance company denies any liability in regard to the Sunrise Terrace roof problems. The contractor has gone out of business since putting on the roof in 1997. No action was taken. Caryl Busman met with the Board for an annual update on the Historical Museum and distributed information on two projects that are in the planning stages. The first is a Township History project and the second is to compile an inventory of all items in the Historical Museum into a computer database. Both projects necessitate the purchase of a new computer, which is budgeted for 2003. It was moved by Alfred Gertsema, seconded by Lyle Onken and passed to allow the purchase of a new computer for the Historical Museum not to exceed $2,000. Caryl requested approval to purchase a security system for the Museum premises to include four working cameras, a few "dummy" cameras and a monitor, all to be installed by volunteers. It was moved by Alfred Gertsema, seconded by Lyle Onken and passed to authorize the purchase of a security system for the Historical Museum not to exceed $1,000. Caryl requested permission to have Darcy Schuur construct a new smaller sign for the front of the Museum with the cost to be paid from the publicity budget. It was moved by Steve Johnson, seconded by Lyle Onken and passed to authorize Darcy Schuur to build a new smaller sign for the front of the Murray County Historical Museum. The Chairman granted time on the Agenda to Jim Reinert to give an update on painting the horse stalls. He indicated volunteers are being contacted to help with the job and that the Parks Department has purchased a new paint sprayer. Jim requested the purchase of three defibrillators at a total cost of $6,960 to use up remaining funds from a grant that requires a 25% cash match. A telephone call was taken at this time from Mark Seleskie who was put on speakerphone. He apologized for his earlier remarks and wanted to retract his comments about a lawsuit. He asked that the Board again consider reducing the penalty to $500 and making it a first offense. Paul Malone indicated that he erred earlier when he stated the date of the first offense being June 16, 1999. The correct date was May 26, 2001 making the August 8, 2002 offense within two years. Mark acknowledged the May 26, 2001 date as correct and indicated he would not pursue a lawsuit against the county if the penalty is reduced as previously discussed. Commissioner Lyle Onken offered the following resolution and moved for its adoption:
RESOLUTION NO. 2003-03-18-03
A Resolution Reducing the Penalty for a Liquor License Violation by Key Largo Bar and Grill on August 8, 2002 WHEREAS, Murray County set a policy for penalty for liquor license violations on March 11, 2003, and WHEREAS, Key Largo Bar and Grill twice violated its liquor license on May 26, 2001 and August 8, 2002, and WHEREAS, The penalty imposed in each of the liquor license violations by Key Largo exceeded the amounts in the new Policy. NOW THEREFORE BE IT RESOLVED, That penalty for the August 8, 2002 liquor license violation by Key Largo Bar and Grill be reduced from $2,000 to $500. BE IT FURTHER RESOLVED, That the August 8, 2002 liquor license violation be considered a first offense and that penalty for any future violations by Key Largo be imposed following Murray County policy. The foregoing resolution was duly seconded by Commissioner Steve Johnson and thereupon being put to a vote all members of the Board voted for its adoption. The Board returned to its discussion with Jim Reinert. It was moved by Steve Johnson, seconded by William J. Sauer and passed to approve the purchase of three defibrillators at a cost of $6,940, utilizing grant funds and an approximate $1800 cash match to be paid from budgeted funds. The Board recessed for lunch at 11:36 A.M. to allow the Personnel Committee to meet. The Chairman reconvened the meeting at 2:49 P.M., following the Hospital Board meeting. Alfred Gertsema was absent. It was moved by William J. Sauer, seconded by Steve Johnson and passed to approve payment of $19,200 to Spomer Motors, Inc. for a 2003 Chevrolet Impala for the Sheriff's Department. Alfred Gertsema returned to the meeting at this time. The Commissioners gave their committee reports. Kevin Anderson reported on Planning & Zoning Workshop - February 20, County Ditch 34 & Personnel - February 25, Day at the Capitol - February 26, Shetek CWP - February 27, Energy Task Force - February 28, Personnel - March 10, Drainage Authority & Annual Township Meetings - March 11. Alfred Gertsema reported on RSVP & Water Plan - February 23, County Ditch 34 - February 25, Drainage Authority - March 11, Human Services - March 12, Special Meeting w/Public Health - March 17. Steve Johnson reported on Planning & Zoning Workshop & Water Plan - February 20, Planning & Zoning - February 21, RCRCA & Planning & Zoning - February 24, County Ditch 34 & Personnel - February 25, Day at the Capitol - February 26, Shetek CWP - February 27, Personnel & Planning & Zoning- March 10, Drainage Authority & Annual Township Meetings - March 11, Insurance Committee - March 14, Special Board Meeting w/Public Health & RCRCA Annual Meeting - March 17, Personnel - March 18. Lyle Onken reported on Planning & Zoning Workshop & Water Plan - February 20, County Ditch 34 0 February 25, Day at the Capitol - February 26, New Commissioner Training & Mining Meeting - March 6, Mining Meeting - March 7, Moulton Township - March 10, Drainage Authority & Annual Township Meetings - March 11, Restorative Justice - March 11. William J. Sauer reported on Heron Lake CWP - February 18, Planning & Zoning Workshop & Water Plan - February 20, SMOC - February 24, County Ditch 34 - February 25, Day at the Capitol - February 26, Des Moines River CWP & Shetek CWP - February 27, Park Board - March 4, Drainage Authority & Annual Township Meetings - March 11, RCRCA Annual Meeting & Special Board Meeting w/Public Health - March 17. It was moved by Alfred Gertsema, seconded by Steve Johnson, and passed to approve the vouchers. The meeting adjourned at 3:12 P.M. |
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