PROCEEDINGS OF
THE MARTIN
TUESDAY, MARCH
18, 2003
@ 9:00 A.M.
The
meeting was called to order at 9:00 A.M. by Chairman Gerald Boler.
Those
present were Commissioners Steve Donnelly, Steve Pierce, Jack Potter and Dan
Schmidtke. Also present were Terry
Viesselman, County Attorney, Jim Forshee, Auditor/Treasurer, Scott Higgins,
County Coordinator, Kevin Peyman, County Engineer, Christine Rupp, Sentinel,
Rod Halverson, KSUM/KFMC Radio, and members of the Public.
Motion
by Commissioner Pierce, seconded by Commissioner Donnelly that the Agenda with
the following additions: (1) Agreement with Minnesota Department of
Transportation and Martin County Highway Department (2) Leave of Absence
Request (3) Resignation of Jail Administrator (4) Consider Filling Vacancy of
Account Technician I Position in Recorders Office. (5) Consider
Non-intoxicating Malt Liquor License for Cozy Inn, Imogene, MN. is hereby
approved. Carried unanimously.
Motion
by Commissioner Donnelly, seconded by Commissioner Schmidtke that the minutes
for the February 18, 2003 and March 4, 2003 regular meeting of the Martin
County Board of Commissioners are hereby approved. Carried unanimously.
Judy
Beckman, Red Cross Representative, was on hand to present a proclamation for
March 2003 as Red Cross Month.
WHEREAS, Throughout our history,
Americans have been committed to helping the suffering, the disadvantaged and
those in need of help. The American Red
Cross represents the compassion of our Nation in action. During American Red Cross Month, we honor
this remarkable organization and recognize its proud heritage of service.
WHEREAS, Since 1917, the Martin
County Chapter of the American Red Cross has upheld its mission: to provide
relief to victims of disasters while helping people prevent, prepare for and
respond to emergencies. The volunteers
in the Chapter offer emergency services to the men and women of Martin County
in the Armed Forces; provide services to victims of disaster such as single
family fires and other emergencies; and train citizens of the county in
lifesaving skills, such as first aid, CPR, defibrillator use and water safety.
More
than 1,940 volunteer blood donors have given the gift of life, through the
Martin County Red Cross in the past year.
During
these times of great consequence, the mission of the Red Cross is more critical
than ever. As our Nation confronts new
challenges, the American Red Cross and its partners are working with the
Federal Government and the emergency planning community to help keep America
safe. Through its Together We Prepare
campaign, the Red Cross is a vital partner with the department of Homeland
Security in empowering individuals and families to protect themselves and be
prepared for the unexpected.
WHEREAS, Countless people across our country turn to the American Red
Cross every day for blood and blood products, disaster assistance and vital
community services. We are grateful for
this essential and inspiring organization and we celebrate its legacy of help,
hop and healing for those in need.
THEREFORE, The Martin County Board of
Commissioners, of Fairmont, MN, Martin County, does hereby proclaim March 2003 as American Red Cross Month. As we celebrate this month, we call upon all
citizens to become partners in preparedness with the Martin County Red Cross
and become active participants in advancing the noble mission of the American
Red Cross.
IN WITNESS WHEREOF, motion by Commissioner
Pierce, seconded by Commissioner Schmidtke, unanimously carried said
proclamation this 18th day of March, 2003.
___________________________ __________________________
Coordinator
All
voting in favor. Motion carried.
Discussion
ensued concerning the resignation of the Fox Lake Improvement District (FLID)
Board of Directors. Terry Viesselman informed the Board that it is the
Commissioners responsibility to call a meeting of the Fox Lake Improvement
District in order to appoint or elect new members to the FLID Board of
Directors in the wake of the current members all resigning from the Board.
Viesselman
informed the Board of a mortgage foreclosure for Shawn and Sandra Gillis
property and the request to have the Individual Sewage Treatment System Loan
(ISTS) forgiven. The loan amount assessed to the property is approximately
$5,131.20. Viesselman asked if the
Board would wish to either keep the assessment on the property or forgive the
ISTS loan. Viesselman further stated that it is his understanding that the
Title Company is withholding funds in approximately the same amount as the ISTS
loan outstanding on the property. After further discussion,
Motion
by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved, that
the Martin County Board of Commissioners direct the County Attorney to send a
letter to deny the request to forgive the Individual Sewage Treatment System
loan assessment for Shawn and Sandra Gillis due to foreclosure, in the amount
of approximately $5,131.20. Carried
unanimously.
A
video was viewed by the Board regarding the State Budget Deficit and the
potential impact on the county budget.
Higgins stated that the next step would be to engage with Department
Directors in discussions on prioritizing county services cost savings ideas,
and consideration of other potential budget cuts and what effects it will have
on the county budget for 2003 and 2004.
Higgins further stated that once a draft plan is developed, the County
Board would need to review and take action. Higgins stated that at the present
time, Department Directors have been asked to watch their budget closely and
limit travel, major equipment purchases, projects, and overtime.
There
was much discussion regarding the State Budget Deficit impact on the County
Budget.
Kevin
Peyman, County Engineer, presented a State of Minnesota Agency Agreement
resolution between the Minnesota Department of Transportation and Martin County
for approval.
H-#1/03
R E S O L U T I O N
BE IT RESOLVED, That pursuant to Minnesota Statute Sec. 161.36, the Commissioner
of Transportation be appointed as Agent of the County of Martin to accept as
its agent, federal aid funds which may be made available for eligible
transportation related projects.
FURTHER BE IT RESOLVED, That the Chairman and the
County Coordinator 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. 84141, a copy of which said agreement was
before the County Board and which is made a part hereof by reference.
Upon
motion by Commissioner Donnelly, seconded by Commissioner Potter, and carried
said resolution was duly passed and adopted this 18th day of March
2003.
BOARD OF COMMISSIONERS
MARTIN COUNTY, MINNESOTA
________________________________
Gerald
Boler, Chairman
ATTEST:______________________________
Scott
Higgins, County Coordinator
AYES: Commissioners Boler, Pierce, Donnelly,
Potter and Schmidtke
NAYES:
0 Passed and approved this 18th day of March 2003.
Peyman
asked if there were any questions concerning the Highway Department bills.
Commissioner
Pierce inquired of the expenditure to the Iowa Prison Industries for road signs
and whether or not the Minnesota Department of Corrections provided such road
signs for the county to purchase.
Peyman
responded that prison systems in Minnesota do not make these types of signs.
Jane
Hennagir, Minnesota Counties Insurance Trust Account Representative was on hand
to provide a 2003 Member report.
After
the presentation, the Board thanked Hennagir for her report.
Duane
Petrowiak, Martin County Soil and Conservation District (SWCD) Board of
Director, was on hand to give an agency update. Petrowiak stated his public appreciation for Steve Donnelly in
working on getting the Greater Blue Earth River Initiative agreement signed by
all parties involved. Petrowiak further
complimented Commissioner Potter for his attendance to the monthly meetings of
the Soil and Water Conservation District (SWCD) Board meetings.
Petrowiak
stated that the SWCD is working to put compost around the trees that it plants.
The SWCD is willing to assist the County in establishing grass buffer strips
along county drainage ditches. Petrowiak
further stated that the SWCD is interested in using and helping with the use of
the compost from the Prarieland Compost Facility in Truman and would like to
discuss the possibility of the seeding portion of highway road projects.
The
Board thanked Petrowiak for the update.
Higgins
presented the resignation of Mary Tindell from the Recorders Office effective
April 4, 2003.
Motion
by Commissioner Donnelly, seconded by Commissioner Potter, Be It Resolved, that
the Martin County Board of Commissioners hereby accepts the resignation of Mary
Tindell effective April 4, 2003 from the Recorders Office with regrets. Carried unanimously.
Kay
Wrucke, County Recorder, was on hand to request the filling of the vacancy for
Account Technician I. Wrucke stated
that the position is 90% of what the Recorders Office does. The volume of real estate contracts are up
because of properties being transferred due to the low interest rates. This position generates revenue for the
Department and without this position, the county could not complete its
statutory requirements regarding the filing and recording of these documents.
Commissioner
Pierce inquired if the Department is moving toward automation and ridding of
itself of the manual labor involved in maintaining the tract books.
Wrucke
responded that the Office would eventually eliminate the manual entry of data
in the tract books by the end of this year.
Commissioner
Pierce further inquired if approval for a half-time position would suffice as a
way to further the elimination of hand written entry and move to automation of
this function.
Wrucke
responded that with the addition of automation and computers it does not
necessarily save on the number of employees needed.
Donnelly
inquired if the position could be split between the Auditors Office and the
Recorders Office.
Wrucke
responded that the job is too demanding to go half time and that it is a
revenue producing position. After further discussion,
Motion
was made by Commissioner Donnelly, seconded by Commissioner Pierce, Be It
Resolved, that the Martin County Board of Commissioners at the request of Kay
Wrucke, County Recorder, approves the filling of the vacancy of Account Tech I
Position and to direct the Personnel Committee to determine the starting salary
for the position.
AYES: Commissioner Boler, Pierce, Donnelly and
Potter NAYES: Commissioner Schmidtke.
Motion carried
Becky
Schlorf VonHoldt was on hand to request approval of the resolution to Support
State Funding for Comprehensive Local Water Management.
R-#19/03
SUPPORT STATE FUNDING FOR
COMPREHENSIVE LOCAL WATER MANAGEMENT:
WHEREAS, Comprehensive Local water
Management is considered a successful and efficient means of coordinating water
resource management activities at the county level to insure safe drinking
water, flood protection, and safe swimming, boating, and fishing, and,
WHEREAS, Comprehensive Local water
management enables local citizens to provide guidance in setting local water
resource management priorities, and
WHEREAS, Comprehensive Local Water
management provides a mechanism for the integration of local and state program
goals for water resource management, and
WHEREAS, the Minnesota Board of
water and Soil Resources has proposed the elimination of the Comprehensive
Local Water management program for the 2004-2005 biennium,
THEREFORE, BE IT RESOLVED that the Martin County
Board does hereby appeal to lawmakers of the State of Minnesota to provide the
necessary funding and statutory authority in 2004-2005 to allow continuation of
the Comprehensive Local Water Management program.
Motion
was made by Commissioner Potter, seconded by Commissioner Pierce and
unanimously carried this 18th day of March 2003.
BOARD OF COMMISSIONERS
MARTIN COUNTY, MN
____________________________
Gerald Boler, Chairman
ATTEST:_______________________________
Scott Higgins, County Coordinator
AYES:
Commissioners Boler, Schmidtke, Pierce, Potter and Donnelly.
NAYES:
0 Adopted and approved this 18th
day of March 2003.
Schlorf
VonHoldt requested approval for the Cleanwater Partnership Program (CWP) Loan
Resolution.
Motion
by Commissioner Donnelly, seconded by Commissioner Schmidtke,
MN POLLUTION CONTROL AGENCY CLEAN WATER PARTNERSHIP, AUTHORIZING THE COUNTY TO BORROW MONEY FROM THE MN POLLUTION CONTROL AGENCY AND TO LEND MONEY TO ELIGIBLE PARTICIPANTS AND ELIGIBLE LENDERS TO FUND PROJECTS FOR THE CONTROL AND ABATEMENT OF WATER POLLUTION:
BE IT RESOLVED, by the County Board of
Commissioners of Martin County, Minnesota (the Sponsor), as follows:
Section
1. Authorization and Findings
1.01
The
Sponsor, a political subdivision of the State of Minnesota is authorized and
Empowered by the provisions of Minnesota Statutes, Section 103F.701 to
103F.761, as amended (the Act), to
borrow money from the Minnesota Pollution Control Agency the MPCA) for the
purpose of funding a revolving loan program under the Minnesota Clean water
Partnership, as provided in the Act.
The Sponsor proposes to enter into a financing agreement (the MPCA
Agreement) with the MPCA pursuant to which the Sponsor shall borrow money from
the MPCA (the MPCA Loan) from time to time and lend the proceeds thereof to
persons entitled to receive such loans under the MPCA Agreement (Eligible
Participants) or may agree that loans to the Eligible Participants will be
made by local lending institutions (Eligible Lenders), such loans to be
documented by loan agreement between the Sponsor and each Eligible Participant
or Eligible Lender (the Project Loan
Agreements), in furtherance of the Project Work Plan as provided in the MPCA
Agreement. The Sponsor may at any time
determine to make project loans directly to Eligible Participants, rather than
through Eligible Lenders, and in such case the references herein to Eligible
Lenders and Project Loan Agreements shall be deemed to refer to Eligible
Participants and the loan agreements between the Sponsor and Eligible
Participant.
1.02
The
Sponsor is authorized to borrow money and issue its general obligation note
(the Note) to the MPCA under the Act, in evidence of the MPCA Loan. Under the Act, no election is required to
authorize the issuance of the Note, and the Note shall not constitute an
indebtedness of the Sponsor within the meaning of any constitutional or
statutory provisions or limitations.
The Chairman and County Coordinator are hereby authorized to approve the
final terms of the Note, and their execution and delivery of the Note shall
evidence such approval. The terms of
the Note, as so executed and delivered, shall be deemed to be incorporated
herein by reference.
1.03
The
Sponsor intends to make loans in amounts which will require the Sponsor to issue
the Note in an aggregate principal amount not exceeding $353,000 but recognizes
that the MPCA Agreement referred to in Section 1.02 hereof permits the Sponsor
to draw up to $117,580 on the Note at this time. The remaining $235,420 principal amount of the Note may be drawn
only when the Sponsor and the MPCA have executed a new or amended MPCA
Agreement permitting additional amounts to be drawn on the Note.
1.04
The
execution and delivery of the MPCA Agreement, the form of which is attached
hereto as Exhibit A, is in all respects, hereby authorize, approved and
confirmed, and the Chairman and County Coordinator are hereby authorized and
directed to execute and deliver MPCA Agreement in the form and content attached
hereto as Exhibit A., with such changes as the Sponsors Attorney deem
appropriate and approves, for and on behalf of the Sponsor. The Chairman and County Coordinator are
hereby further authorized and directed to implement and perform the covenants
and obligations of the Sponsor as set forth in or required by the MPCA
Agreement.
1.05
The
execution and delivery of the Project Loan Agreements and the pledging of the
loan payments thereunder for the security of the Note and the interest thereon
shall be, and they are, in all respects, hereby authorized, approved and
confirmed, and the Chairman and County Coordinator are hereby authorized and
directed to execute and deliver, from time to time, the project Loan Agreements
in such form and content as the County Attorney deems appropriate and approves,
for and on behalf of the Sponsor. The
Chairman and County Coordinator are hereby authorized to approve the final
terms of each Project Loan Agreement, and their execution and delivery of such
Project Loan Agreement shall evidence such approval.
1.06
Capitalized
terms used but not defined herein shall have the meanings given thereto in the
MPCA Agreement.
SECTION
2. The
Note.
2.01 The Sponsor has determined
that it is necessary and expedient that the Sponsor issue at this time a Note
to be designated General Obligation Note (MPCA) (Blue Earth River watershed
Project-Lily & Center Creeks), Series 2003 (the Note) to provide moneys
to lend to Eligible Participants or Eligible Lenders through the Project Loan
Agreements from time to time as the Sponsor shall determine. Pursuant to the Project Loan Agreements,
Eligible Participants are required to use the proceeds of the Loan for costs of
projects permitted under the MPCA Agreement, and the Eligible Lenders are
obligated to use the proceeds of the Lender loans to make loans to Eligible
Participants, as defined in the project Loan Agreements. The Note shall be substantially in the form
attached hereto as Exhibit B; the aggregate principal amount of the Note shall
not exceed $353,000; provided that only $117,580 may be drawn under the Note
until authorized by a new or amended MPCA Agreement. The principal balance of the Note from time to time shall be an
amount equal to the aggregate of all MPCA Loan advances theretofore made under
the MPCA Agreement, less the amount of any principal repayments or redemptions
theretofore made under Sections 2.02 or 2.03 hereof. If the full amount of the MPCA Loan has not been advanced under
the MPCA Agreement by December 15, 2005, or such later date as may be provided
in a new or amended MPCA Agreement, the MPCA shall, under the provisions of the
MPCA Agreement, reduce the principal amount of the MPCA Loan to an amount equal
to the total loan amount then and theretofore advanced, and shall prepare and
provide to the Sponsor revised repayment schedules for the MPCA Loan. Upon such action by the MPCA, the aggregate
principal amount of the Note shall be limited to the principal amount of the
corresponding MPCA Loan, and the revised repayment schedules shall be deemed to
have replaced and superseded the payment schedule of the Note set forth in
Section 2.02(c).
2.02 (a) The Note shall bear a date of original issue as of the date
of its execution and delivery to the MPCA.
(b) The Note shall bear interest
from its date of original issue at an interest rate of 2% per annum, unless any
payment provided for in paragraph (c) below is not paid when due, in which case
the principal balance of the Note shall bear interest at the rate of 4% per
annum, commencing on the day following the date on which such payment was due
and continuing until the date on which payment in full thereof is actually
received by the MPCA.
( c) The principal balance of the
Note, plus the interest which has accrued on the Note at an interest rate of 2%
per annum shall be payable in semiannual installments of $6,515.73 each,
payable on June 15 and December 15 in each year, commencing December 15, 2005
(the Note Payment Dates). If the Sponsor satisfies the conditions specified
in Sections 1.03 and 2.01, and draws amounts in excess of $117,580 on the MPCA
Loan, the schedule and amounts of the semi-annual installments shall be amended
as provided in the new or amended MPCA Agreement. Interest, if any, which has accrued on the Note at a rate in
excess of 2% per annum, shall be payable on each Note Payment Date in addition
to the regularly scheduled payment of principal and interest on the Note.
2.03 The principal balance of the
Note is subject to redemption and prior payment at the option of the Sponsor on
any date, upon not less than 30 days written notice to the MPCA, in whole or in
part in such amounts as the Sponsor may determine at a redemption price equal
to the principal amount being redeemed, together with any accrued interest to
the redemption date. If less than all
of the principal balance is to be redeemed and prepaid, the Sponsor may elect,
in the notice of redemption, to reduce the amount of or eliminate specified
semiannual payments; if the Sponsor does not specify otherwise, any partial
prepayment will be applied to reduce the amount of the semiannual payments in
inverse order of their due dates.
Partial redemptions and prepayments shall be made in increments of
$1,000 principal amounts and in minimum amounts of $1,000.
Section
3. Granting Clauses. The
sponsor, in order to secure the payment of the principal of and interest (if
any) on the Note and the performance and observance of each and all of the
covenants and conditions herein and therein contained, and for and in
consideration of the premises and of the purchase and acceptance of the Note by
the MPCA, and for other good and valuable considerations, the receipt whereof
is hereby acknowledged, by these presents does hereby grant, bargain, sell,
assign, transfer, convey, warrant, pledge and set over, unto the MPCA and to
its successors a lien on, security interest in and pledge of the interest of
the Sponsor in all Project Loan Agreements hereafter entered into between the
Sponsor and Eligible Participants or Eligible Lenders in connection with Loans
authorized hereby, and all payments of principal, premium (if any) and interest
thereon, and all proceeds thereof. If
the Sponsor shall well and truly pay or cause to be paid the principal of the
Note and the interest if any due or to become due thereon, at the times and in
the manner mentioned in this Resolution and the Note, or shall provide for the
payment thereof by depositing with the MPCA sums sufficient to pay the entire
amount due or to become due thereon, and shall well and truly keep, perform and
observe all the covenants and conditions pursuant to the terms of the MPCA
Agreement and this Resolution, to be kept, performed and observed by it and
shall pay to the MPCA all sums of money due or to become due to it in
accordance with the terms and provisions hereof; then upon such final payment
the lien, security interest and other rights hereby granted shall cease,
determine and be void.
Section
4. Application of Note Proceeds and
Other Moneys: Loan Fund; and Loans.
4.01
The
proceeds of the Note shall be equal to, and demand to be received by the
Sponsor at the same time as, the advances of the corresponding MPCA Loan under
the corresponding MPCA Agreement. Such
proceeds shall be deposited, as received, in the Loan Fund, which is hereby
established as a separate bookkeeping account on the books of the Sponsor. Once each month, the Sponsor will determine
the amount necessary to fund Loans to Eligible Participants or Eligible Lenders
based on Project Loan Agreements entered into subsequent to the last request by
the Sponsor for an MPCA Loan advance under the MPCA Agreement, and shall submit
a request, in accordance with the MPCA Agreement, for an MPCA Loan advance in
the amount necessary to fund such Loans.
4.02
Amounts
on deposit in the Loan Fund shall be used to make Loans to Eligible
Participants or Eligible Lenders in accordance with Project Loan Agreements, or
to pay the principal and interest on the Note.
No amounts in the Loan Fund which are required to be disbursed to an
Eligible Participant or Eligible Lender under a Project Loan Agreement may be
used to pay principal or interest on the Note.
Each Loan shall be made in
accordance with the terms of a Project Loan Agreement and the MPCA
Agreement. The interest rate and
repayment terms of the Loans shall be determined by the Sponsor in accordance
with the MPCA Agreement and applicable rules of the MPCA. The proceeds of each Loan must be expended
for eligible costs under the Program (including any applicable federal law) and
the MPCA Agreement.
Amounts on deposit in the Loan Fund shall be
disbursed by the Sponsor pursuant to Participant or Lender Request. The Sponsor shall have no obligation to see
to the proper application of the proceeds of the Loans.
Section 5. Funds and Accounts.
5.01 There are hereby established the following Funds and Accounts:
(a)
Loan
Fund, as described in Section 4.02 hereof; and
(b)
Note
Fund, as described in Section 5.02 hereof
The
Sponsor may also establish by resolution or otherwise within each Fund one or
more separate Accounts or Sub-accounts relating to a particular Loan or for
other purposes.
5.02
Upon
receipt of a payment of principal or interest on a Loan, the Sponsor shall
deposit such principal and interest in the Note Fund. On or prior to each Note Payment Date, the Sponsor shall withdraw
from the Note Fund and pay to the holder of the Note amounts sufficient to pay
the principal and interest (if any) on the Note due on such Note Payment Date,
including any principal of the Note which has been called for prior redemption.
5.03
For
the prompt and full payment of the principal of and interest, if any on the
Note as such payments respectively become due, the full faith, credit and
unlimited taxing powers of the Sponsor shall be and are hereby irrevocably
pledge. It is, however, presently
estimated that the revenues appropriated pursuant to Section 5.02 hereof will
provide sums not less than 5% in excess of principal and interest on the Note
when due, and therefore no tax levy is presently required.
Section 6. Particular
Covenants of the Sponsor. The
sponsor covenants and agrees, so long as the Note shall be Outstanding and
subject to the limitations on its obligations herein set forth, that:
(a)
It
will faithfully perform at all times any and all covenants, undertakings,
stipulations and provisions contained in this Resolution and in the Note; and
will promptly pay the principal of and interest, if any, on the Note on the
dates, at the places and in the manner prescribed in the Note.
(b)
All
Loans to Eligible Participants or Eligible Lenders with the proceeds of the Note
or from other funds in the Loan Fund shall be evidenced by Project Loan
Agreements. The principal of and
interest on the
Loans
shall be due and mature at the times and in the amounts and bear interest at
the rates sufficient, with other available funds hereunder, to provide for
payments, when due, of principal of and interest on the Note issued
hereunder. The Sponsor shall diligently
enforce, and take all reasonable steps, actions and proceedings necessary for
the enforcement of, all terms, covenants and conditions of all Loans and all
Project Loan Agreements with Eligible Participants or Eligible Lenders relating
thereto.
The Sponsor shall keep proper books of record and
account in which complete and correct entries shall be made of its transactions
relating to all Loans and payments and all Funds and Accounts and subaccounts
established by this Resolution, which shall at all reasonable times be subject
to inspection by the MPCA or their representatives duly authorized in writing.
The Sponsor shall annually, on or before February 1
in each year, prepare and place on file a copy of an annual report for the
preceding twelve-month period ended as of the preceding December 31, setting
forth in reasonable detail:
(i)
a
schedule of Loans, Loan payments and the status of the Funds and Accounts
established by this Resolution and
(ii)
a
schedule of remaining payments and the principal balance of the
Note outstanding at the end of such year, together
with a statement of the
Amount paid, redeemed and advanced during such year.
The
report shall also include statements as to a description of the nature of any
defaults with respect to any of the Loans.
(e) The Sponsor shall not cause or
permit any funds received under the Project Loan Agreements or held in any of
the Funds or accounts established hereunder to be applied in a manner which is
in violation of any provisions of the Clean Water Act.
(f) The Sponsor will faithfully keep
and observe all the terms, provisions and covenants contained in the MPCA
Agreement, this Resolution and Project Loan Agreements.
Section 7. Certification of Proceedings.
7.01 The County Coordinator is hereby authorized and directed to file a certified copy of this resolution in the records of the Sponsor, together with such additional information as required, and to file a certified copy of this resolution with the County Auditor of the County in which the Sponsor is located and obtain from the County Auditor a certificate that the Note has been duly entered upon the County Auditors bond register.
7.02 The officers of the Sponsor are hereby
authorized and directed to prepare and furnish to the MPCA and to Dorsey &
Whitney LLP, Bond counsel, certified copies of all proceedings and records of
the Sponsor relating to the Note and to the financial condition and affairs of
the Sponsor, and such other affidavits, certificates and information as may be
required to show the facts relating to the legality and marketability of the
Note as they appear from the books and records under their custody and control
or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations
of the Sponsor to the facts recited herein.
Said resolution was duly made and adopted this March 18, 2003.
____________________________
Gerald Boler, Chairman of the
Martin County Board
ATTEST:_____________________________
AYES:
Commissioners Boler, Donnelly, Potter, Schmidtke, and Pierce
NAYS:
0 Passed and approved this 18th
day of March 2003
Schlorf
VonHoldt stated that there is a Water
Resource Management Day at the Capitol, Thursday, March 20, 2003 and invited
the Board to attend.
The
Board recessed at 10:59 A.M.
The
Board reconvened at 11:05 A.M.
The
Board considered the 2003 Non-intoxicating Malt Liquor Licenses, on/off sale,
for Rose Lake Golf Club Incorporated, and Non-intoxicating Malt Liquor
Licenses, on/off sale, for Fox Lake Golf Club Incorporated, Cozy Inn of
Imogene, MN, and the State Line Store, rural Fairmont.
Higgins
stated that the County Attorney has reviewed all liquor licenses.
Motion
by Commissioner Pierce, seconded by Commissioner Donnelly, To approve the 2003
Non-Intoxicating Malt Liquor Licenses, on and off sale and Sunday on sale, for
Rose Lake Golf Club Incorporated, Fairmont, MN; Linda Huffman, Manager, on/off
sale to Janice Dale, d/b/a State Line Store, on/off sale to Fox Lake Golf
Club Incorporated, Sherburn, MN Jeff Ross, Manager; to Ursala Loper d/b/a the
Cozy Inn, of Imogene, MN is hereby approved. Carried unanimously
Higgins
requested approval for the hiring of Lori Pomerenke as the 4-H Coordinator for
the Martin County Extension Office effective March 24, 2003 at an hourly rate
of $12.26 per hour and not eligible for full time benefits, and will accrue
vacation and sick leave on a prorated basis.
Higgins stated that this is a part time position of approximately 20
hours per week average.
Motion
by Commissioner Schmidtke, seconded by Commissioner Potter, Be It Resolved, by
the recommendation of the Martin County Extension Committee to hire Lori
Pomerenke as Martin County 4-H Program Coordinator for the Extension Office at
$12.26 per hour, effective March 24, 2003.
The position is not eligible for full time benefits, and is eligible for
pro-rated vacation and sick time accrual.
Carried unanimously.
Higgins
presented a resolution for the County Boat and Water Safety Agreement.
R-#18/=03
RESOLUTION
AUTHORIZING
EXECUTION OF ANNUAL COUNTY BOAT AND WATER SAFETY AGREEMENT:
BE IT RESOLVED
THAT Martin
County enter into a grant agreement with the Minnesota Department of Natural
Resources for the program entitled County Boat and Water Safety for FY 2003.
BE IT FURTHER
RESOLVED
that Sheriff Brad Gerhardt and Chairman, Commissioner Gerald Boler are hereby
authorized to execute and sign such grant agreement on behalf of Martin County.
Motion
made by Commissioner Pierce, seconded by Commissioner Donnelly,
and was duly adopted this the 18th day of March 2003.
BOARD OF
COMMISSIONERS
MARTIN COUNTY,
MN
_____________________________
Gerald Boler,
Chair
ATTEST:____________________________
Scott Higgins, County Coordinator
AYES: Commissioner Boler, Schmidtke, Pierce,
Potter and Pierce
NAYES:
0 Passed and approved this 18th
day of March 2003.
Higgins
presented the Firm Service Level Adjustment (Energy Management Program) for the
Martin County Law Enforcement Center.
Higgins
stated that this is an agreement to that provides energy rebates from the City
of Fairmont for the use of our electric generators during peak times of high
energy use for the months of June, July, August and September. Higgins stated that this is an annual agreement
with the City of Fairmont and recommended approval.
Motion
by Commissioner Donnelly, seconded by Commissioner Schmidtke to approve and
authorize the Chair to Sign the Firm Service Level Adjustment (Energy
Management Program) between Martin County and the City of Fairmont. Carried unanimously.
Higgins
presented the Tentative Agreement with the Highway Supervisors Association for
2003-2004 and recommended approval.
Motion
by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved,
that
the Martin County Board of Commissioners hereby approves and authorizes the
Chair to sign the Highway Supervisors Association Agreement for 2003-2004 as
presented. Carried unanimously.
Higgins
introduced the Memorandum of Understanding between the County of Martin and
Martin County Soil and Water Conservation District (SWCD), and the Greater Blue
Earth River Watershed.
Commissioner
Donnelly stated that many of the counties and Soil and Water Conservation
Districts in the greater Blue Earth River Watershed have signed the Memorandum
of Understanding (MOU). Donnelly further stated that the purpose MOU is to
serve as a framework in the formation of the newly proposed alliance of the
counties and the SWCDs within the Greater Blue Earth River Basin for the purpose
of Watershed Based Natural Resources Management. Donnelly stated that the MOU
is effective April 4, 2003 and that all parties to the MOU are to sign. The allocation requested from Martin County
for the start up cost of the reorganization is $2,000. After discussion,
Motion
by Commissioner Donnelly, seconded by Commissioner Potter, to approve and
authorize the Chair to sign the Memorandum of Understanding between the
Counties and Soil and Water Conservation Districts in the greater Blue Earth
River Watershed for purpose of Watershed Based Natural Resources Management
effective April 4, 2003 with the allocation to come from the Countys General
Fund in the amount of $2,000 as part of the start-up costs for the proposed
organization. Carried unanimously.
Higgins
presented a request from Theresa Carlson, for an extended leave of
absence.
Motion
by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved that
upon the recommendation of the County Coordinator, that the request from Theresa
Carlson for extended unpaid leave of absence, effective March 2, 2003 until
April 26, 2003 is hereby approved.
Carried unanimously.
Higgins
presented the resignation letter of Dave Worden as Jail Administrator. Worden
will continue to work as a Correction Officer for the Sheriffs Department.
Motion
by Commissioner Donnelly, seconded by Commissioner Pierce, Be It Resolved that
the Martin County Board of Commissioners hereby approve and accepts the
resignation of Dave Worden as Jail Administrator for the Sheriffs Department
and will continue to perform duties as a Correction Officer for the Sheriffs
Department. Carried unanimously.
The
Board reviewed the Sheriffs update report and other agency reports.
Commissioner
Pierce inquired about the Department of Justice and State of Minnesota Grant
for Terrorism Response, stating his concern for dollars being spent for
additional cost to the county and additional expenditures for equipment that
may not be needed.
Jim
Forshee, Auditor/Treasurer, reviewed the Department of Justice, State of
Minnesota Grant for Terrorism Response for the Board.
The
Board reviewed the claims for March.
Motion
by Commissioner Pierce, seconded by Commissioner Potter to approve the bills as
presented for payment March 18, 2003.
Revenue
Fund- Warrants to be paid,
Totaled $192,887.92
Park
& Recreation Fund- $ 227.76
Enhanced
9-1-1 Fund- $ 360.00
Law
Library Fund- $ 98.25
Martin
County Transit Fund $ 27,028.65
Build
CIP Fund- $ 85.20
Bank
Building Fund- $ 3,257.11
Debt
Service Fund- $ 373.75
Recreation
& Safety Fund $ 2,175.89
Taxes
and Penalties Fund $ 236.61
Ind.
Sewage Treatment Sys Loan $ 8,750.00
GRAND
TOTAL $235,481.14
Road
& Bridge Fund-Warrants to be paid- Totaled $32,223.33
The
Board reviewed their calendars and reports of previous and upcoming weeks
activities.
The
meeting was continued at the Martin County Historical Society. A presentation
was made on the expansion of the Martin County Historical Society and tour
given of the progress in the renovation of the Red Rock Community Center.
With
no further business to wit, the meeting adjourned at 1:25pm.
The
next meeting of the Martin County Board of Commissioners will be April 1, 2003
at 9:00 a.m. in the Commissioners meeting room.
BOARD OF COMMISSIONERS
MARTIN COUNTY, MN
___________________________
Gerald Boler, Chair
ATTEST:___________________________
Scott Higgins, County Coordinator