PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS

MURRAY COUNTY GOVERNMENT CENTER – SLAYTON, MINNESOTA

AUGUST 21, 2007 – 9:30 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 Gerald Magnus, and passed to approve the agenda as modified. 

It was moved by Kevin Vickerman, seconded by John Giese, and passed to approve the minutes of the August 14, 2007 meeting. 

A motion was duly made by William J. Sauer, seconded by John Giese, and carried that all claims as presented were approved for payment.  The Chairman was authorized to sign the Audit List dated 8/21/07 with fund totals as follows and warrants numbered 112257 through 112362: 

County Revenue Fund                                       74,817.74

County Road & Bridge Fund                             16,418.54

Sunrise Terrace                                                      791.44

Hospital                                                        1,027,441.07

           Total                                                              1,119,468.79 

John Giese gave an update on the fairgrounds grandstand project. 

 It was moved by Gerald Magnus, seconded by Kevin Vickerman and passed to set a special meeting for August 28, 2007 at 2:30 p.m. for the purpose of continuing August business. 

Commissioners William J. Sauer and Robert Moline reported that they will be attending the Association of Minnesota Counties Fall Policy Meetings on September 13-14, 2007 in St. Cloud.

The Board reviewed a letter of resignation from Terri Prins, Murray County Dispatcher. It was moved by Gerald Magnus, seconded by William J. Sauer, and passed to accept the resignation, with regret, of Terri Prins, Murray County Dispatcher effective August 31, 2007.

 OPEN FORUM / PUBLIC COMMENT·   

     There were no residents present for Open Forum / Public Comment Heidi Winter presented an application from Jannette Engels for a County Credit Card and asked that it be considered for approval. It was moved by William J. Sauer, seconded by Kevin Vickerman, and passed to authorize a county issued credit card for Jannette Engels in accordance with Murray County Personnel Policy Number 210.

 Heidi Winter presented an amended joint powers agreement for the Red Rock Rural Water System 2005-06 Expansion.  The original agreement was signed on 8/16/06 for the expansion project.  The first amendment, made by resolution on 6/13/06, added $760,000 to the original USDA loan amount to accommodate increased project costs resulting from Hurricane Katrina. 

 This second proposed amendment adds $867,000 to the USDA loan amount due to construction of a loop around the city of Windom.  Paul Malone has reviewed the proposed resolution and joint powers agreement. Commissioner Kevin Vickerman offered the following resolution and moved for its adoption: 

RESOLUTION NO. 2007-08-21-01

A Resolution Pertaining to Second Amended Joint Powers Agreement

Red Rock Rural Water System 2005-06 Expansion Bonding

 NOW, THEREFORE, BE IT RESOLVED, That the Murray County Board of Commissioners hereby approves the Second Amended Joint Powers Agreement among the Counties of Cottonwood, Jackson, Watonwan, Murray, Martin, Brown, Lyon and Redwood and directing the Chairman to execute the Joint Powers Agreement relative to the Red Rock Rural Water System expansion, and authorizing Murray County to issue the necessary interim financing bonds and long-term financing bonds to fund said system expansion and to have said Second Amended Joint Powers Agreement govern the repayment of said bonds; said Second Amended Joint Powers Agreement being executed with the understanding that the Counties of Cottonwood, Jackson, Watonwan, Murray, Martin, Brown, Lyon and Redwood would all be parties to this Agreement. The foregoing resolution was duly seconded by Commissioner John Giese and thereupon being put to a vote all members of the Board voted for its adoption. 

Wally Gregory and Keith Rossow met with the Board for the semi-monthly highway report.

The Board moved to the parking lot to see the new Murray County snow plow. 

Rossow presented a resolution for consideration and adoption.  The resolution is to request a cooperative agreement and funding from MN DOT for the reconstruction of TH 267 in Iona.

RESOLUTION NO. 2007-08-21-02

A Resolution to Request a Cooperative Agreement and Funding

From the Minnesota Department of Transportation

For the Reconstruction of TH 267 in Iona, MN

WHEREAS, Murray County is developing road plans to reconstruct County State Aid Highway 4 (CSAH 4) in Iona, MN for the year 2008; and

WHEREAS, Murray County intends on reconstructing the sub-grade, replacing the base & surface, placing storm sewer, curb and gutter, and sidewalks; and

WHEREAS, The reconstruction of the north 800 feet to 1000 feet of Trunk Highway 267 (TH 267) is necessary to achieve desired street profile grades and cross-section for the surface and curb flow lines for the storm sewer within Iona, MN; and

WHEREAS, The Minnesota Department of Transportation has identified TH 267 as a future Trunk Highway Turn Back project which would require reconstruction at that time; and

WHEREAS, It would be advantageous for the Minnesota Department of Transportation to fund and reconstruct this portion of TH 267 during the reconstruction of CSAH 4 in Iona, MN for the year 2008; and

WHEREAS, Murray County proposes to perform the survey, design and construction inspection for the TH 267 portion of the project, subject to a Cooperative Agreement with the Minnesota Department of Transportation; and

WHEREAS, Murray County wishes to pursue the development of a Cooperative Agreement with the Minnesota Department of Transportation relating to said road construction improvements.

NOW, THEREFORE, BE IT RESOLVED  That the Minnesota Department of Transportation develop a Cooperative Agreement and set aside the necessary funds for the reconstruction of TH 267 in Iona, MN for the year 2008.

Board Chair Robert Moline recessed the regular meeting at 10:59 a.m. to open the Public Hearing on the expansion of the Shetek Area Water and Sewer District. 

The Board Chair called the Public Hearing on the expansion of the Shetek Area Water and Sewer District to include sections 16, 22 and 27 of Shetek Township to order at 11:00 a.m.

Also present were Ronald Robbins, Troy Wehking, Harold Halfmann, Dick Kelley, Dale Rhykus, Dave Rykhus, Jon Hoyme, Harold Liverserge, Jean Christoffels and Chris Hansen. 

Ronald Robbins was the first to speak and questioned why the district was expanded to include these sections when there is little potential for development.  He stated that much of the area does not have power or serviceable roads. 

County Attorney Paul Malone expressed concern that the system will not run without electricity and asked if there was a plan to bring power to this area.  Commissioner Vickerman stated that a group has been working with Excel Energy for several years on this issue and hope that this expansion, if approved, will give them the leverage they need to bring power to this area. 

Dick Kelley, Dale Rhykus and Dave Rhykus questioned why the east half of section 16 was included since it was strictly agricultural land.  They asked if the Board would consider excluding it in the proposed expansion.  Upon review, Paul Malone stated that there would be no legal implications in excluding the east half of section 16 if the Board would so choose. 

The Chairman called for any other public comment to be made. 

Chairman Robert Moline adjourned the Public Hearing at 11:20 a.m.

The Chairman reconvened the regular meeting at 11:20 a.m.

RESOLUTION NO. 2007-08-21-03

A Resolution Regarding an Order Waiving Approval of Certain Actions by

The Shetek Area Water and Sewer District

WHEREAS, Murray County has established a Shetek Area Water and Sewer District pursuant to M.S.A. 116A; and

WHEREAS, The Murray County District Court, Judge David C. Christensen presiding, on the 18th of May, 1998, upon the petition of Paul M. Malone, County Attorney, and pursuant to M.S.A. 116A.O1, Subd. 1a, issued an Order that the Shetek Area Water and Sewer District be granted municipal authority; and

WHEREAS, The Murray County Commissioners now desire to waive a requirement that the Board approve various actions by the Shetek Area Water and Sewer District as authorized by M.S.A. 116A.24, Subd 2., as set forth within this Order.

IT IS NOW, THEREFORE, ORDERED

1. That the Murray County Board of Commissioners waive any requirement that the Murray County Board of Commissioners approve various actions by the Shetek Area Water and Sewer District as expanded to include the west half of section 16, section 22, and section 27 T108 R40W of Lake Shetek Township, County of Murray, State of Minnesota, when the district is engaged in establishing, constructing, operating, maintaining a water and sewer system, including the following activities:

a)         Employ on such terms as it deems advisable, persons or firms performing engineering, legal or other services of a professional nature; require any employee to obtain and file with it an individual bond or fidelity insurance policy; and procure insurance in such amounts as it deems necessary against liability of the board or its officers and employees or both, for personal injury or death and property damage or destruction, with the force and effect stated in chapter 466, and against risks of damage to or destruction of any of its facilities, equipment, or other property as it deems necessary.

b)         Construct or maintain its systems or facilities in, along, on, under, over, or through public streets, bridges, viaducts, and other public rights-of-way without first obtaining a franchise from any local government unit having jurisdiction over them; but such facilities shall be constructed and maintained in accordance with the ordinances and resolutions of any such government unit relating to construction, installation, and maintenance of similar facilities in such public properties and shall not obstruct the public use of such rights-of-way.

c)         Enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes.

d)         Have the power to adopt rules and regulations relating to the establishment of water or sewer rentals or user fees as may be deemed advisable and the operation of any system operated by it, and may provide penalties for the violation thereof not exceeding the maximum which may be specified for a misdemeanor. Any rule or regulation prescribing a penalty for violation shall be published at least once in a newspaper having general circulation in the area.

e)         Act under the provisions of section 471.59, or any other appropriate law providing for joint or cooperative action between government units.

f)          Acquire by purchase, lease, condemnation, gift, or grant, any real or personal property including positive and negative easements and water and air rights, and it may construct, enlarge, improve, replace, repair, maintain and operate any system determined to be necessary or convenient for the collection and disposal of sewage or collection, treatment, and distribution of water in its jurisdiction. Any local government unit and the commissioners of transportation and natural resources are authorized to convey to or permit the use of any such facilities owned or controlled by it by the board or commission, subject to the rights of the holders of any bonds issued with respect thereto, with or without compensation, without an election or approval by any other government agency. The board or commission may hold such property for its purposes, and may lease any such property so far as not needed for its purposes, upon such terms and in such manner as it shall deem advisable. Unless otherwise provided, the right to acquire lands and property rights by condemnation shall be exercised in accordance with sections 117.011 to 117.232, and shall apply to any property or interest therein owned by any local government unit; provided, that no such property devoted to an actual public use at the time, or held to be devoted to such use within a reasonable time, shall be so acquired unless a court of competent jurisdiction shall determine that the use proposed by the commission is paramount to such use. Except in case of property in actual public use, the board or commission may take possession of any property for which condemnation proceedings have been commenced at any time after the issuance of a court order appointing commissioners for its condemnation.

g)         Contract with the United States or any agency thereof, any state or agency thereof, or any local government unit or governmental agency or subdivision, for the joint use of any facility owned by the board or such entity, for the operation by such entity of any system or facility of the board, or for the performance on the board’s behalf of any service, on such terms as may be agreed upon by the contracting parties.

h)         Exercise any other powers granted to the board or boards or court under section 116A.01, subdivision 2, relating to the establishment of a water or sewer or water and sewer system, except as follows:

i)          The Murray County Board of Commissioners hereby expressly reserves the authority to issue bonds and any requirement that the County Board approve any bond issuance.

ii)         The Murray County Board of Commissioners does hereby reserve authority to levy special assessments within the district.

i)          Retain the services of a certified public accountant for the purposes of providing an annual audited operating statement and balance sheet and other financial reports. The reports must be prepared in accordance with general accounting principles and must be filed within six months after the close of the fiscal year in the office of each county auditor within the district and with the office of the state auditor. The reports may be prepared by the state auditor instead of a certified public accountant if the commission so requests.

 The foregoing resolution was duly seconded by Commissioner Gerald Magnus and thereupon being put to a vote all members of the Board voted for its adoption.

 Heidi Winter reported that Murray County has been approached by the Southwest Minnesota Housing Partnership to be the fiscal host for a multi-county housing grant application through USDA.  The program, called Healthy Homes, provides money to qualified households for mold, lead based paint and other indoor environmental pollutants. 

The Board granted permission to proceed. 

The Commissioners gave their committee reports.

 John Giese reported on Health Alliance – July 30, Building Committee – July 31, Stark Rule Change – August 1, Fairgrounds Advisory Committee – August 2, DEED Community Development Meeting – August 3, Building Committee – August 6, RSVP and Human Services Building Pre-Construction Meeting – August 9, Building Committee (Grandstand) – August 10, Area Agency on Aging and Murray County Health Alliance – August 20.

 Gerald Magnus reported on DEED Community Development Meeting – August 3, Building Committee and Ditch Inspection – August 8, AMC Leadership Conference – August 14-17.

 Robert Moline reported on Personnel – July 26, Personnel July 30, Extension Committee – July 31, Hospital Mutual Aid – August 1, Area II – August 2, Public Health and Personnel – August 6, Human Services Building Pre-Construction Meeting – August 9.

 William J. Sauer reported on SAWSC - July 27, Extension Committee – July 31, Hospital Mutual Aid – August 1, Fulda Dam and SAWSC – August 2, Human Services Building Pre-Construction Meeting – August 9, Personnel and SAWSC – August 13, Personnel – August 20. 

Kevin Vickerman reported on Personnel - July 26, Personnel - July 30, AMC Futures Project Meeting – August 2-3, Personnel – August 6, Building Committee (Grandstand) – August 9, AMC Leadership Conference – August 14-17, August 20 – Personnel, SAWSC and RCRCA – August 20.

 It was moved by Gerald Magnus, seconded by Kevin Vickerman, and passed to approve the Commissioner Vouchers. 

The meeting adjourned at 12:00 p.m.

ATTEST:  ___________________________________      _________________________________

                          Murray County Auditor-Treasurer                            Chairman of the Board