PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS

MURRAY COUNTY GOVERNMENT CENTER – SLAYTON, MINNESOTA

FEBRUARY 5, 2002 – 9:00 A.M.

Pursuant to notice, the Murray County Board of Commissioners convened with the following members present:  Commissioners Alfred Gertsema, Steve Johnson, Gaylen Jensen, Kevin Anderson and William J. Sauer.  Also present Gary D. Spaeth, Auditor/Treasurer, Robert Klingle, Administrative Assistant 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.

County Revenue Fund                                     $27,649.58      

County Road & Bridge Fund                           $62,888.21

County Building Fund                                              35.00

County Parks Fund                                                 366.55

End-O-Line Park Fund                                           252.72

Tri-County Recycling Fund                                  1,372.61

County Ditch Fund                                              1,510.67

Sunrise Terrace                                                   5,460.75

            Total                                                               $99,536.09

Jim Reinert met with the Board for a monthly safety report.  He also requested two overnight stays. 

RESOLUTION NO. 2002-02-12-01

A Resolution for the Establishment and Maintenance

of a County Animal Feedlot Program

WHEREAS, The Minnesota Pollution Control Agency has established an animal feedlot program designed to assist animal feedlot operators in efficient and environmentally sound management of animal wastes; and

WHEREAS, The Minnesota Pollution Control Agency’s program provides for county involvement in the processing of animal feedlot permit applications and administration of the animal feedlot program in accordance with Minn. Stat. 116.07 subd. 7 (2001) and Minn. Rules ch. 7020.1600 (October 23, 2000); and as specified in the attached county delegation agreement;

NOW THEREFORE, BE IT RESOLVED By the Murray County Board of Commissioners that the County of Murray assumes certain responsibilities for the administration of the animal feedlot program and processing of animal feedlot permit applications in accordance with Minn. Stat. 116.07, subd. 7 (1992), and Minn. Rules ch. 7020.1600 (October 23, 2000); and the attached delegation agreement that describes the administration of the county feedlot program as specified in Minn. Rules ch. 7020.1600, subpart 3;

BE IT FURTHER RESOLVED, That the County appoints Jon Bloemendaal as the County Feedlot Pollution Control Officer and that the County Feedlot Pollution Control Officer will:

(a)    Administer animal feedlots and manure storage areas registration programs according to Minn. Rules ch. 7020.0350;

(b)    Locate and register all animal feedlots and manure storage areas that remain unregistered by January 1, 2002;

(c)    Distribute permit application and registration forms to owners required to make application for a permit.  Permit application forms must contain the information required in Minn. Rules ch. 7020.0505, subpart 3;

(d)    Review permit applications and issue construction short-form and interim permits in accordance with Minn. Rules ch. 7020.0535, and in the approved delegation agreement;

(e)    Inspect all animal feedlots and manure storage areas in accordance with the approved delegation agreement;

(f)      Review and process complaints;

(g)    Provide assistance to owners in completing permit applications;

(h)    Maintain a record of all correspondence and material relating to permit applications, inspections, and complaints;

(i)      Maintain a record of all notifications received from livestock production facility operators claiming the hydrogen sulfide ambient air quality standard exemption including the days the exemption was claimed and the cumulative days used as provided in Minn. Stat. 116.0713, items (2)(b) and (2)(c).

(j)      Submit an annual report to the commissioner by April 1 of each year, in a format requested by the commissioner, that includes the following:

(1)    all newly acquired and updated registration information required under Minn. Rules ch. 7020.0350

(2)    inspection summary information from the previous year:

(3)    permitting summary information from the previous year including information regarding permits for facilities with less than 1000 animal units that are CAFOs under the 40 C.F.R. part 122, Appendix B(b);

(4)    complaint and complaint response summary information from the previous year;

(5)    outreach and education summary information from the previous year; and

(6)    summary of the progress toward achieving the goals identified in the approved delegation agreement and, if applicable, proposed adjustments to the goals or plans to meet the goals in the approved delegation agreement;

(k)    Complete the required county feedlot pollution control officer training necessary to perform the duties described under this part assigned to the county feedlot pollution control officer; and

(l)      Forward to the commissioner all permit applications, inspection reports and all other applicable documents for the facilities identified in Minn. Rules ch. 7020.1600, supb. 4, item B.

BE IT FURTHER RESOLVED, That the County of Murray agrees to notify the Minnesota Pollution Control Agency in writing of any changes in the program as outlined herein and attached hereto;

BE IT FINALLY RESOLVED, That the County of Murray respectfully submits this resolution and the attached delegation agreement to the Minnesota Pollution Control Agency and respectfully requests that the Minnesota Pollution Control Agency approve the County’s participation in the animal feedlot program.

It was moved by Alfred Gertsema, seconded by Steve Johnson, and passed to authorize overnight stays for Jon Bloemendaal to attend a Solid Waste Conference on February 26-27, 2002 in Bloomington and a County Feedlot Association Meeting on March 26-28, 2002 in St. Cloud.

Bloemendaal updated the Board on discussions with LeRoy Scotting of Scotting Sanitation.  When Jon asked Scotting if he is hauling Murray County garbage to an Iowa landfill, he responded that he was.  Paul Malone was contacted and put on speakerphone for advice about denying a license because Scotting is not hauling Murray County garbage to the Cottonwood County Landfill.  The Board also discussed switching from Scotting Sanitation for picking up Courthouse and Recycling Center Garbage.  Murray County has a solid waste plan, which makes cities financially liable for their own garbage.  Paul will send a letter to city councils making them aware of their liability under Murray County’s solid waste plan.  Terry Wolf, with L & L Sanitation was present during the discussion.

Gary Spaeth presented for approval an abatement that was approved by the Slayton City Council at its  January 22, 2002 meeting canceling $762.52 of special assessments for delinquent water, sewer and garbage bills.

The Board discussed a proposed RSVP Joint Powers agreement for fiscal years 2002-2006.

Randy Groves met with the Board for the semi-monthly report of the Highway Department.  A MnDOT Agreement for use of CSAH 21 as a detour route for a Trunk Hwy 14 project was discussed.  There will be a $15,541 payment to the County for allowing the State to use it.  Randy will continue to talk with MnDOT to further negotiate the payment amount.

Randy requested approval to purchase a twin axle truck, and box and snowplow equipment for the truck, off the State Bid.  Randy estimated that if the County’s 1993 International single axle truck is traded in we should be allowed $18,000-$20,000, and up to $30,000 if the box is painted.  The bid prices for a truck were presented as follows:

Randy requested authorization to purchase two new computers.  He presented quotes from Gateway and Dell  and is still waiting on one from Davis Typewriter, Inc.  

Randy next requested authority to solicit bids for a new ¾ ton pickup.  His intentions are to replace the1989 green Ford pickup with 200,000 miles on it.  He is also looking at the State Bid to make this purchase.  He will come back in two weeks with bids for Board action.

Randy discussed a situation with a contractor for a gravel stockpile.  Riddell Construction has the contract but the gravel does not meet specifications.  Paul Malone and Randy will meet with company representatives to find out what their intentions are, as the completion date is for this spring.  They will report back to the Board later. 

Commissioner Sauer asked Randy for the survey crew to be out at the outlet of County Ditch No. 30 in Section 24 of Belfast Township to take elevation shots at 9:00 A.M. on Wednesday, February 6, 2002.  He will contact Roy Peterson with the DNR and Belfast Township officials to meet there at that time.

Louise Gervais and Tessa Holinka met with the Board concerning a visitor’s center at End-O-Line Railroad Park.  Gervais distributed some information from Ken Surprenant concerning changes made to the blueprints.  He indicated that it is possible for the Board to rescind its motion of October 9, 2001 rejecting the bids and to award the project at this time if the low bidder is willing to hold his price and complete the work in the specified time.  Louise presented a check that she received today from Maxine Pierson for $2,000 as a contribution to the project.  She also informed the Board that she has applied for two electric co-op grants for $1,000.00 each.  Both are coming to visit the Park in March to consider the requests.  Don Erickson from the Lake Wilson Historical Society was recommended to Louise by Kevin Anderson to help contact other organizations that have grants available for such projects.  If the facility is built Louise mentioned that extended hours would be considered at the Park to accommodate visitors.

RESOLUTION NO. 2002-02-05-02

A Resolution Awarding the Contract

for a Visitor Center at End-O-Line Park

WHEREAS, Murray County advertised for bids for construction of a gift shop (Visitor Center) with Plans and Specifications prepared and donated to Murray County by Ken Surprenant, I & S Engineers and Architects, Inc., and

WHEREAS, Two bids were opened at the September 11, 2001 meeting of the Board, and

WHEREAS, Both bids were rejected on a motion by the Board at its October 9, 2001 meeting, and

WHEREAS, Modifications to the Plans as bid have been proposed by Architect Ken Surprenant to allow for eliminating a restroom and changing the floor plan for the Visitor Center.

NOW THEREFORE BE IT RESOLVED, That the motion from the October 9, 2001 meeting to reject all bids for construction of a gift shop be rescinded.

BE IT FURTHER RESOLVED, That a contract be awarded to the low bidder, Joe Schreier Construction, for $69,990.00

BE IT FURTHER RESOLVED, That changes to the Plans and Specifications to eliminate the restroom and to change the floor plan be made by Change Order after the contract is in place.

Louise commented that money left over from the Grist Mill project would go to the Visitor Center.

Jon Bloemendaal met with the Board again regarding licensure of solid waste haulers.  Terry Wolf was still present.   Jon or Paul Malone will send a conditional letter to LeRoy Scotting stating that if he continues to haul Murray County’s garbage to Iowa Murray County will be forced to discontinue its association with him to haul its garbage.  Jon indicated that he has the signed 2002 license applications in his office awaiting Board action.  The item will be placed on the February 12, 2002 agenda for the Board to take action on issuing the licenses.

The Chairman recessed the meeting for lunch at 12:06 p.m.

The Chairman reconvened the meeting at 1:05 p.m.

Barb Lewis met with the Board regarding several personnel issues.  She distributed a Blue Cross/Blue Shield Claims Report for 4^th Quarter 2001.   The Murray County loss ratio for January 1 – December 31, 2001 is 120.68%.  With the Murray County Health Insurance Premium increase of 21.8% we received for the year 2002 we will still have a projected loss ratio of 98.88%.  If Murray County’s 1^st and 2^nd Quarter Reports for 2002 do not show a lower Loss Ratio, the County may very well see another 20% increase in Health Insurance Premiums.  Murray County utilization, inflation and increased use of drugs will drive the projected increases in Health Insurance Premiums.

There was discussion regarding some type of defensive driver course for Murray County Employees.  Mark Nolan, with MCIT can give a 2½-hour refresher course free of charge.  The Board would like to explore finding someone locally that can teach an 8 or 4 hour course so that employees could use it for discounts on personal auto insurance.  Barb will report back to the Board later.

Barb presented two recommendations from the Personnel Committee to make changes to the Personnel Policy Handbook.  The first recommendation is Policy Number:  204 - Smoking Policyâ€� Dispatcher’s Room in the Law Enforcement Building:  Only the On-duty Dispatcher may smoke when alone in this room.  This exception is made because the Dispatcher may not leave the work area for breaks.  The second change is to Policy Number:  715 – Leave Benefits – Personal Leaveâ€� where it is recommended that Policy Number 715 be deleted and be made part of Policy Number 709 and 710 – Holidays & Personal Leave and Holidays & Personal Leave (Hospital).

Barb presented a handout entitled Murray County Job Classification Statusâ€� as recommended by the Personnel Committee.  This handout classified all Job Classifications as Exempt or Non-Exempt, Safety Sensitive, Mandatory driving Employee or eligible for Safety Glasses.

Barb also distributed a sample employment status form that will be completed by each employee and returned to be kept on file in each employee’s personnel file.

Barb explained two options being considered by the Personnel Committee for converting the current monthly payroll to a positive payroll.  She presented a salary vs. hourly wage comparison sheet.  The bi-weekly option would require additional staff to carry the extra workload.  A decision is necessary by March 1, 2002 with implementation to be made effective on September 1, 2002.  The item will be placed on the February 19, 2002 meeting agenda for a decision.

One more piece of information that Barb presented was information on a post retirement health plan offered by PERA and a seminar that is being sponsored by AMC.  It was suggested by the Board that Barb and one other person from the Insurance Committee attend this seminar. 

Jim Johnson met with the Board regarding a resolution that Rock County has adopted requesting legislative authority to make the County Recorder an appointed position.  There was discussion of sick leave and vacation days if the same thing were to be done here.  The Personnel Committee will check further into the matter and bring a recommendation back to the Board at the February 19, 2002 meeting or earlier, as a resolution needs to be submitted to a Legislative Committee by February 28, 2002 in order for it to be considered this Legislative Session.  Filing for the elected position of Murray County Recorder begins July 2, 2002. 

RESOLUTION NO. 2002-02-05-03

A Resolution Requesting Legislative Zoning Authority

WHEREAS, The legislature has granted counties the authority to enact official controls regulating zoning and land subdivision matters.  This authority is primarily set forth in Chapter 394.  The legislature has also granted this authority to cities and townships.  This authority is primarily set forth in Chapter 462.  Due in large part to piecemeal amendments, some of the powers granted to cities and townships in Chapter 462 were not granted to counties in Chapter 394.  While both of these chapters should be inspected and perhaps recodified and/or combined, Murray County specifically requests the legislature to grant to counties the following:

1.      The power to require that a reasonable portion of any new subdivision be dedicated to the public for public use as a park, recreational facility, playground, trail or open space or to be preserved for conservation purposes.

2.      The power to require that, in those cases where the dedication in paragraph 1 would not serve the public interest, to require an equivalent amount in cash from the applicant that could be used solely for acquisition or maintenance of those items listed in paragraph 1.  Both of the powers requested in paragraphs 1 and 2 are expressly granted to cities and townships in Minnesota Statute § 462.358 subd. 2b.

NOW THEREFORE BE IT RESOLVED, That the Murray County Board of Commissioners requests the above legislative changes be submitted to the legislature for immediate consideration.

RESOLUTION NO. 2002-02-05-04

A Resolution Requesting Legislative Zoning Authority

WHEREAS, The legislature has granted counties the authority to enact official controls regulating zoning and land subdivision matters.  This authority is primarily set forth in Chapter 394.  The legislature has also granted this authority to cities and townships.  This authority is primarily set forth in Chapter 462.  Due in large part to piecemeal amendments, some of the powers granted to cities and townships in Chapter 462 were not granted to counties in Chapter 394.  While both of these chapters should be inspected and perhaps recodified and/or combined, Murray County specifically requests the legislature to grant to counties the following power:

The power to grant landowners interim use permits’ that would permit certain conditional uses of land until a specific date, occurrence of a particular event, or until zoning regulations no longer permit it.  This power is expressly granted to cities and townships in Minnesota Statute § 462.3597 subd. 2.

NOW THEREFORE BE IT RESOLVED, That the Murray County Board of Commissioners request the above legislative change be submitted to the legislature for immediate consideration.

The Board requested that Department Head reports again be given at the first and third meetings of the Month.  Gary and Bob will set up a schedule for these reports to be given and to have them also highlighted again in the newspaper and the newsletter Murray County Connectionsâ€�.

RESOLUTION NO. 2002-02-05-05

A Resolution Encouraging Legislators to Support and

 Pass Production Tax Legislation for Wind Power

WHEREAS, The eleven county Rural Minnesota Energy Task Force with member counties of Cottonwood, Jackson, Lincoln, Lyon, Mower, Murray, Nobles, Pipestone, Redwood, Renville, and Rock was formed to address various energy issues that affect counties, and

WHEREAS, These rural Minnesota counties have substantial developments of energy principally wind generation, and

WHEREAS, Other alternative methods are being considered and feasibility studies are being done, and

WHEREAS, The Rural Minnesota Energy Task Force is currently active in pursuing introduction of legislation for the taxation of wind generated electricity by means of a production tax based on three (3) categories of development production capacity:

§         The full rate would apply to facilities with a capacity of 12 megawatts or greater;

§         30% of the rate would apply to facilities with a capacity of 2 to 12 megawatts;

§         10% of the rate would apply to facilities with a capacity of 250 kv to 2 megawatts.

§         Exemption for facilities with a capacity below 250 kv., and

WHEREAS, Wind generation of electricity commercially is in its infancy, and there is a need for our senate and house legislators to give support to the production tax legislation when introduced, regardless of political party affiliation.

NOW THEREFORE BE IT RESOLVED, That Murray County encourages its legislators to support and pass production tax legislation.

The Board took time to review upcoming meetings.  Bob Klingle will be meeting with a legislative committee concerning funding of the Casey Jones Trail on February 7, 2002.   Murray County Day at the Capitolâ€� will be held February 25, 2002 and letters will be sent to townships, cities and other organizations encouraging them to send someone to represent them.

Klingle presented the Board with a Memorandum of Understandingâ€� regarding the Tri-County Recycling Center.  This item will be on the agenda for the February 12, 2002 meeting and will be explained further at that time, as it relates to new contracts for Tri-County Recycling.

The meeting adjourned at 2:37 P.M.