PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS
MURRAY COUNTY GOVERNMENT CENTER – SLAYTON, MINNESOTA
JULY 22, 2008 – 9:00 a.m.

Pursuant to notice, the Murray County Board of Commissioners convened in special session with the following members present:  Commissioners John Giese, Gerald Magnus, Robert Moline, William J. Sauer and Kevin Vickerman.  Also present Heidi Winter, Auditor-Treasurer.
 
The meeting opened at 9:00 a.m. with the flag pledge. 

Amy Hoglin presented a Debt Subordination Agreement to AgStar Financial on behalf of Monogram Meat Snacks in Chandler.

It was moved by Gerald Magnus, seconded by John Giese, and passed to sign a Debt Subordination Agreement with AgStar Financial in the amount of $400,000 and $150,000 for a loan dated May 15, 2007 with Monogram Meat Snacks in Chandler. 

Mike Bambrick met with the Board as follow up from the July 15, 2008 meeting to discuss the aeration lines off of the Jeff Salmon property, 239 Tepeeotah Lane.   Bambrick does not recommend cutting the lines until they have a contract in place for boring the lines and having a diver in place to hook the lines back up.  He asked the Board for direction. 

It was moved by John Giese, seconded by Robert Moline, and passed to direct Mike Bambrick to obtain independent quotes for boring aeration lines (out a minimum of 300 feet) for the Teepeotah Aeration Project (at 239 Teepeotah Lane) while obtaining necessary DNR permitting to complete the project. 

Jim Reinert met with the board to request two purchases, presenting quotes as follows: 

 Data Recorder (from MacTek, Inc) $20,775.00 (paid from 01-283-283-6650)

 Computer (from Hewlett Packard) $982.00 (paid from 01-105-6490)

It was moved by William J. Sauer, seconded by Gerald Magnus, and passed to authorize an expenditure of $20,775.00 for the purchase of a data recorder from MacTek, Inc. to be paid from the 911-grant funds (01-283-283-6650) with the condition that it be demonstrated to the Board once it is up and running.

It was moved by Robert Moline, seconded by Gerald Magnus, and passed to authorize an expenditure of $982.00 for the purchase of a lap top computer from Hewlett Packard to be paid from the Ag-Zoning Budget (01-105-6490).

Reinert also alerted the Board that he will be upgrading the law library computer with the expenditure being paid by the State Court System. 

Reinert discussed with the Board that a handicap accessible ramp needs to be installed at the Dinehart-Holt House.   Chris Hansen reported that he estimates that materials would be approximately $6,000 with labor being $6,000. 

It was moved by Gerald Magnus, seconded by Robert Moline, and passed to direct Reinert and Hansen to obtain plans, a materials list and labor quotes to install a handicap accessible ramp at the Dinehart-Holt House, working with the Building Committee on the project. 

Commissioner William J. Sauer reported that a meeting on the draw down of the Fulda Lake will be held on July 29, 208 at 7:00 p.m. at the Fulda City Hall.  No Board action was taken. 

The Board discussed two recommendations from the Shetek Area Water and Sewer District to consider passing a resolution

Commissioner William J. Sauer offered the following resolution and moved for its adoption:

RESOLUTION NO. 2008-07-22-01
RESOLUTION ORDERING PREPARATION
OF SUPPLEMENTAL ASSESSMENT ROLL
LAKE SHETEK 2006 SANITARY SEWER IMPROVEMENT PROJECT

WHEREAS, on September 6, 2005, the Murray County Board Commissioners ordered the Lake Shetek 2006 Sanitary Sewer Improvement Project (the “Project”) be made as proposed in the Facility Plan and Feasibility Study, and subsequent Amendments to the Facility Plan and Feasibility Study prepared by Bolton & Menk, Inc.; and

WHEREAS, the Murray County Board of Commissioners has previously determined that a portion of the cost of the Project will be specially assessed against every assessable lot, piece or parcel of land within the District; and

WHEREAS, on April 8, 2006, and pursuant to Minn. Stat. § 429.061, a public hearing was held regarding the assessment for the properties benefited by the Project and following that hearing, the proposed assessment was adopted; and

WHEREAS, subsequent to the adoption of the assessment, the Murray County Board of Commissioners were notified by Bolton & Menk, Inc., the engineering consultants for the Project, and by Pettipiece & Associates, LLC, the financial consultant for the Project, that the original assessment contained inaccuracies and that certain adjustments are required to certain parcels benefited by the Project; and

WHEREAS, the Murray County Board of Commissioners has determined that the assessment roll shall be corrected pursuant to the supplemental assessment procedures provided for in Minn. Stat. § 429.071.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
 1. The Murray County Board of Commissioners hereby ratifies its previous determination that a portion of the cost of the Project will be specially assessed against every assessable lot, piece or parcel of land within the District, and that the County will not pay any of the cost of the Project.

 2. The County Auditor / Treasurer, with the assistance of and in conjunction with the Project’s engineers and financial consultants, namely Bolton & Menk, Inc. and Pettipiece and Associates, LLC, respectively, be and are hereby directed to prepare a proposed Supplemental Assessment Roll for the Project and to calculate the proper adjustment, if any, to be made to the amount specially assessed against every assessable lot, piece or parcel of land within the District, without regard to the cash valuation thereof, all in accordance with the provisions of Minn. Statute § 429.071, and shall present the same at the regular meeting of the Murray County  Board of Commissioners on August 5, 2008, or at such earlier date as the Supplemental Assessment Roll shall be completed for consideration by the Murray County Board of Commissioners.

 3.   Upon acceptance thereof, the proposed Supplemental Assessment Roll shall be filed with the County Auditor / Treasurer and shall be open to public inspection.

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.

Commissioner Robert Moline offered the following resolution and moved for its adoption:

RESOLUTION NO 2008-07-22-02
RESOLUTION CALLING FOR HEARING
ON SUPPLEMENTAL ASSESSMENT
LAKE SHETEK 2006 SANITARY SEWER IMPROVEMENT PROJECT

WHEREAS, the Murray County Board of Commissioners has received the proposed supplemental assessment roll for the Lake Shetek 2006 Sanitary Sewer Improvement Project,   prepared by its engineers, Bolton & Menk, Inc., and its financial consultants, Pettipiece and Associates, LLC; and

WHEREAS, the Murray County Board of Commissioners deems it necessary and desirable to schedule a public hearing to hear all written or oral objections to the proposed supplemental assessment roll, and to schedule a public hearing on the proposed supplemental assessment roll for Friday, August 29, 2008, at the Shetek Lutheran Ministries Activity Center, 14 Keeley Island Drive, Slayton MN 56172, at 7:00 p.m., or as soon thereafter as the public may be heard.

NOW, THEREFORE, BE IT RESOLVED:
 1. A public hearing on the proposed supplemental assessment roll for the Lake Shetek 2006 Sanitary Sewer Improvement Project will be held on Friday, August 29, 2008, at the Shetek Lutheran Ministries Activity Center, 14 Keeley Island Drive, Slayton MN 56172, at 7:00 p.m., or as soon thereafter as the public may be heard, as set forth in the Notice of Public Hearing attached hereto as Exhibit A.
2. The Notice of Public Hearing upon the proposed supplemental assessment roll for Lake Shetek 2006 Sanitary Sewer Improvement Project shall be in substantially the form contained in the Notice of Public Hearing attached hereto as Exhibit A, the terms of which are specifically adopted by these resolutions and incorporated into these resolutions by reference.
 3. The County Auditor / Treasurer is hereby authorized and directed to cause notice of said hearing to be given in at least one publication in the official newspaper.  Said publication shall be made at least two (2) weeks prior to the date of the hearing.  Not less than two (2) weeks prior to the hearing, the County Auditor / Treasurer shall mail notice of the hearing to each owner of each parcel of land within the area proposed to be assessed as described in the notice.  For purpose of giving such mailed notice, owners shall be those shown to be such on the records of the County Auditor / Treasurer or, if the tax statements in the County are mailed by the County Auditor/Treasurer, on the records of the County Auditor/Treasurer, and the Secretary of the Shetek Area Water and Sewer Commission shall ascertain such ownership by all practicable means, and give mailed notice to all such owners. 
  
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.

Robert Moline requested that the fee for the golf cart ordinance be placed on the August 5, 2008 agenda. 

The Board discussed the concession stand/restroom facility.  They directed Heidi Winter to contact Steve Robinson to see what it would cost to switch to individual urinals rather than the urinal trough. 

Commissioner Gerald Magnus suggested having an Open House for the new Human Services Building.  Dates were discussed.  Heidi Winter will check with Human Services on suggested dates for an open house. 

The Board discussed having Paul Malone draft an agreement between the Salmons and Murray County for the work that needs to be done on the aeration project.  The agreement will be drafted once the exact location of the lines is established. 

The Board discussed the July 21, 2008 joint SAWS meeting. 

Paul Malone will be looking into the statutes that require a written agreement for utilities to be placed in the right of way. 

Adjourn at 12:00 p.m.