PROCEEDINGS OF THE MARTIN COUNTY

BOARD OF COMMISSIONERS

TUESDAY, DECEMBER 16, 2003

@ 9:00 A.M.

 

The meeting was called to order by Chairman, Gerald Boler at 9:00 a.m. Those present were Commissioners Steve Pierce, Steve Donnelly, Jack Potter, and Dan Schmidtke. Also present were Jim Forshee, Auditor/Treasurer, Kevin Peyman, County Engineer, Scott Higgins, County Coordinator, Rod Halverson, KSUM/KFMC Radio, and Christine Rupp, Sentinel.

 

Motion was made by Commissioner Schmidtke, seconded by Commissioner Potter that the Agenda with the following additions (1) Approve and Authorize the Chair to sign the 2004 Agreement with Mn/DOT for Operation of the Martin County Express bus transit system (2) Consider Resolution to Re-designate County Representative for Lily and Center Creek Blue Earth River Watershed Project (CWP) (3) Consider approval of the Trimont Liquor Store Tobacco License for 2004, is hereby approved. Carried unanimously.

 

Motion by Commissioner Schmidtke, seconded by Commissioner Pierce that the minutes of the November 18, 2003 Board of Commissioners meeting and the Special meeting of November 24, 2003 minutes are hereby approved with corrections. Carried unanimously.

 

Kevin Peyman, County Engineer, informed the Board that the City will conduct a hearing in January for improvement of Industrial Street and that the approximate assessment for Martin County portion is $20,000 and inquired if the Board was objecting to that improvement. After discussion, Peyman stated that he would not make an official stand on it and not attend the Council meeting.

 

Peyman requested approval for a step increase for Gregg Rabbe, Highway Superintendent, from Grade 16, Step 1 ($20.60/hour), to Grade 16, Step 2 ($21.19/hour).

 

Motion by Commissioner Potter, seconded by Commissioner Pierce, Be It Resolved, that the Martin County Board of Commissioners, upon the recommendation of the County Engineer, to approve a step increase upon completion of a satisfactory evaluation for Gregg Rabbe from Grade 16, Step 1 $20.60/hour, to Grade 16, Step 2 $21.19/hour, per the 2003 Highway Supervisors Association Contract is hereby approved, effective December 1, 2003. Carried unanimously.

 

Kay Wrucke, County Recorder, thanked the Board for support of the Minnesota Counties Recorders Association Resolution for an increase in various fees and the support the Board gave at the Association of Minnesota Counties Annual Conference.

 

Julie Grunewald, Martin County Probation Agent, was on hand to request approval for the Youth Intervention Prevention Program Grant awarded by the Department of Economic Security for the year 2004 for continued operation of the Martin County Program. Grunewald stated that due to the State budget situation the funding for such programs were reduced by twenty-eight percent (28%). Grunewald informed the Board that the County Program will receive $26,000 general dollars from the Department of Economic Security and will receive a supplemental grant from the Department of Public Safety for $17,531.33. Grunewald further stated that the Program should be in good shape for CY2004 with receiving supplemental grant.

 

Motion by Commissioner Donnelly, seconded by Commissioner Schmidtke,

 

R-#60/03

 

R E S O L U T I O N

 

BE IT RESOLVED, that Martin County Probation Department will enter into a cooperative agreement with the Office of Justice Programs in the Minnesota department of Public safety.

Julie Grunewald is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of Martin county Probation Department.

 

I certify that the above resolution was adopted by the Board of Commissioners of Martin County on December 16, 2003.

 

_________________________

Gerald Boler, Chair

 

 

ATTEST:______________________________

Scott Higgins

 

Those voting AYE: Commissioners Boler, Schmidtke, Donnelly, Potter and Pierce. NAYS: None.

 

Passed and approved this 16th day of December 2003.

 

Commissioner Boler inquired if there was a required county cash match for the grants awarded.

 

Grunewald responded that the grant from Department of Economic Security there is a required match and that the county provides this through in-kind (i.e. office space, supplies) and that there is not a required cash match for the supplemental grant.

 

The Employee Recognition was held for the following employees:

 

FIVE YEARS

Joyce Schultz

Kris Naab

Jeffrey Hall

Steve McDonald

Susan Palmer

Debra Eversman

Kathy Peterson

Rebecca Bentele

Chad Petschke

Dan Whiteman

Susan Spencer

 

Jean Vath

 

 

 

TEN YEARS FIFTEEN YEARS

Laura Walker

Elaine Christ

Jeffrey Krumwiede

 

Greta Olson

 

Judith Sinn

 

 

 

TWENTY YEARS TWENTY-FIVE YEARS

Scott Jones

Steve McMurtry

 

Jim Cox

 

 

 

The Board congratulated each employee for their years of service to the county.

 

Sheriff Gerhardt stated that he had met with representatives from TRW regarding handling of commissary and booking cash and other materials for the jail. Gerhardt stated that TRW fees would be twenty-five percent of the Commissary.

 

Gerhardt stated he would request Board approval at the next Board meeting.

 

Gerhardt informed the Board that he has received a contract proposal from Nobles County for housing of inmates at the Nobles County correctional facility. The proposed cost per inmate per day is $52.50/day and the proposal does not require a minimum number of inmates. Gerhardt stated that signing of this contract would not interfere with the Kossuth County agreement. Gerhardt recommended approval at the $52.50/per day.

 

Commissioner Donnelly inquired of the proposed charge per mile for transportation of prisoners.

 

Gerhardt responded that the Sheriffs Office does not plan to use transportation services from Nobles County. Gerhart stated that the county is getting a good deal on this contract. After further discussion,

 

Motion by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved, that the Martin County Board of Commissioners authorize and approve the Sheriff to negotiate and sign a contract with Nobles County to house inmates at a cost not to exceed $52.50/per day with no minimum requirement of inmates, effective upon singing of contract. Carried unanimously.

 

Gerhardt informed the Board that he has received figures on the upgrade for the Shared Records Computer Consortium. Gerhardt stated that the amount of required capital improvements for the System is $23,500.

 

Gerhardt also informed the Board that the upgrade for sound and video in the jail are close to being completed. Gerhardt further stated that the Global Position System (GPS) for the EHM program is moving forward and will keep the Board updated on this project.

 

Gerhardt informed the Board that the Department would publish a Wanted List of those who have warrants out for arrest on the local public access channel. The objective is not only finding these individuals, but to get help from the local community in tracking these individuals.

 

Commissioner Pierce inquired of the data privacy issues.

 

Gerhardt responded that he has checked with the County Attorney on the data privacy issue and that the County is good to go on this matter.

 

With no further report, the Board thanked Sheriff Gerhardt for the update.

 

Higgins recommended approval of Tobacco Licenses for 2004 for the following businesses,

Johns Store, Trimont, MN; Knights Lounge, Ormsby, MN, Cenex Convenience Stores of Welcome and Trimont and Trimont Liquor Store of Trimont, MN

 

Motion by Commissioner Pierce, seconded by Commissioner Potter, Be It Resolved by the Martin County Board of Commissioners that the following businesses made application for Tobacco License and have met the requirements of the Martin County Tobacco Ordinance and hereby approve the Tobacco Licenses for 2004 for the following businesses: Johns Store, Trimont, MN, Knights Lounge Ormsby, MN, Cenex Convenience Stores, Welcome, & Trimont, MN, and Trimont Liquor Store Trimont, MN. Carried unanimously.

 

James Forshee, Auditor/Treasurer, presented four quotes received from accounting firms to conduct year-end December 31, 2003 audit. Forshee stated that as part of the request for proposals each firm was asked to provide quotes for the next three-years, but that the county would have the option to enter agreement year to year. Quotes received were: Roessler Nuss and Co Fairmont, MN, Abdo, Abdo, Eick & Meyers Mankato, MN, Virchow Krause & Co. Minneapolis, MN, and Larson, Allen, Weisharir & Co, Austin, MN. After discussion,

 

Motion by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved, that the Martin County Board of Commissioners have requested and received quotes for the annual audit for year-end December 31, 2003. The following quotes were received as follows for a three-year audit period:

 

 

 

 

 

 

Roessler Nuss and Co. Fairmont, MN 2003 $27,275

2004        $25,675

2005        $26,445

 

Abdo,Abdo, Eick & Meyers Mankato, MN 2003 $37,640

2004        $33,735

2005        $35,095

 

Virchow Krause & Co. Minneapolis, MN 2003 $35,860

2004        $37,650

2005        $39,530

 

Larson, Allen, Weisharir & Co Austin, MN 2003 $37,175

2004        $34,625

2005        $35,500

 

and upon recommendation of the County Auditor/Treasurer, hereby approve and award the quote received from Roessler Nuss and Company, Fairmont, MN per the specifications of the request for proposals, to conduct year end audits for a three year period beginning year-ended December 31, 2003 in the amount of $27,275; year ended December 31, 2004, for $25,675; the year-ended December 31, 2005, for $26,445. Carried unanimously.

 

Billeye Rabbe, Regional Extension Educator, requested approval for Waste Hauler and Recycling Licenses for LJP Enterprises, St.Peter, MN , and a Waste Hauler License for the City of Fairmont, Fairmont, MN. Rabbe stated that the two applicants have met the requirements for the License.

 

Motion by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved, that the Martin County Board of Commissioners, hereby approve the Waste Hauler and Recycling License for LJP Enterprise, St.Peter, and to approve a Waste Haulers License for the City of Fairmont, Fairmont, MN for the year 2004, and that the permit applications have met the necessary requirements. Carried unanimously.

 

Chairman Boler opened the Public Hearing at 10:00 a.m. for the consideration of the proposed Cleanup of Clandestine Drug Lab Sites Ordinance.

 

Those present were Sheriff Brad Gerhardt, Agent Ginger Peterson, Deputy Chad Petschke, Carmen Reckard, Faribault/Martin County Human Services Public Health Director, Tim Langer, Faribault/Martin Human Services Sanitarian.

 

Sheriff Gerhardt and Agent Peterson reviewed the proposed Ordinance for the public.

 

After the presentation, Chairman Boler asked for Public input. There was none.

 

The Public portion of the Hearing was declared closed by Chairman Boler.

 

Commissioner Pierce stated his concern for landlords and landowners that were not present at the Public Hearing and the potential effect the proposed ordinance may have on landowner and landlords.

 

Gerhardt stated that it expected that there will be training sessions for landlords and other interested parties on the effect the ordinance will have on them and sample lease language will be provided that will make tenants responsible for cleanup cost of drug labs (i.e. meth labs).

 

Commissioner Donnelly suggested that ads be run in the local newspaper to inform the public of the proposed ordinance. After further discussion,

 

Motion was made by Commissioner Pierce, seconded by Commissioner Schmidtke, Be It Resolved, that the Martin County Board of Commissioners for further consideration of the proposed Cleanup of Clandestine Drug Lab Sites Ordinance, hereby continue the Hearing to the regular Board of Commissioners meeting on January 20, 2004 at 10:00 a.m. Carried unanimously.

 

The Board recessed at 10:48 a.m.

 

The Board reconvened at 10:58 a.m.

 

R-#58/03

 

ESTABLISHING THE FUND EXPENDITURES AND REVENUES FOR THE YEAR 2004:

 

WHEREAS, the Martin County Board of Commissioners duly considered fund Expenditures and revenues for the year 2004.

 

NOW THEREFORE, BE IT RESOLVED, that the Martin County Board of Commissioners do hereby order and determine that fund expenditures and revenues for the year 2004 be as follows:

 

Expenditures Revenues

 

Revenue Fund: $ ,766,898 $1,688,083

Boat/Snowmobile $ 11,916 $ 5,958

Parks & Recreation $ 62,500 $ 20,000

Road & Bridge $5,136,255 $3,771,344

E-911 Fund $ 47,000 $ 47,000

Solid Waste $ 253,822 $ 280,364

Library $ 516,478 $ 15,000

Law Library $ 12,180 $ 39,600

Human Services $1,792,528 $ -0-

Building CIP Fund $ 43,781 $ -0-

Human Services Bldg $ 111,000 $ 145,000

Debt Service $ 191,961 $ -0-

Prairieland Debt Service $ 349,843 $ 349,843

Forfeited Land $ 5,000 $ 5,000

ISTS Loan $ 102,000 $ 162,000

Martin County Express $ 647,243 $ 655,313

Ditch Repairs $ 420,000 $ 420,000

Martin County Area Redevelop -0- 17,000

TOTAL $15,470,405 $ 7,621,505

 

BE IT FINALLY RESOLVED, that the copies of this resolution be filed with the Martin County Auditor/Treasurer and all other Departments responsible for the administration of the approved budgets named above, and

 

Upon motion by Commissioner Pierce, seconded by Commissioner Donnelly and carried, said resolution was duly passed and adopted this 16th day of December 2003.

 

BOARD OF COMMISSIONERS

MARTIN COUNTY, MN

 

_______________________________

Gerald Boler, Chair

 

 

ATTEST:________________________________

Scott Higgins, County Coordinator

 

Roll Call AYES: Commissioners Schmidtke, Donnelly, Boler, Potter and Pierce NAYS: None. Passed and approved this 16th day of December 2003.

 

 

 

R-#59/03

 

 

R E S O L U T I O N

 

ESTABLISHING THE TAX

LEVY FOR YEAR 2003 COLLECTIBLE IN 2004:

 

WHEREAS, the Martin County Board of Commissioners duly considered budgets to determine the tax levy to be collected in 2004.

 

NOW THEREFORE, BE IT RESOLVED, that the Martin County Board of Commissioners do hereby order and determine that taxes to be levied in the year 2003 and collectible in the year 2004 be as follows to-wit:

Net Levy

Revenue Fund $3,600,897

Boat/Snowmobile $ 5, 958

Park & Recreation $ 37,960

Road & Bridge Fund $1,265,025

E911 Fund -0-

Solid Waste Management Fund -0-

Library Fund $ 465,156

Human Service Fund $1,656,320

Building CIP Fund $ 30,161

Debt Service Fund $ 191,961

$7,253,438

BE IT FINALLY RESOLVED, that copies of this resolution be filed with the Martin County Auditor/Treasurer, and

 

Upon Motion made by Commissioner Pierce, seconded by Commissioner Potter and unanimously carried, said resolution was duly passed and adopted this 16th day of December 2003.

 

BOARD OF COMMISSIONERS

MARTIN COUNTY, MN

 

_____________________________

Gerald Boler, Chairman

 

 

ATTEST:___________________________

Scott Higgins, County Coordinator

 

Roll Call vote: Commissioners Schmidtke, Donnelly, Potter, Pierce, and Boler NAYS: None. Passed and approved this 16th day of December 2003

 

Higgins stated that request for Sealed bids were advertised for designation of the Official County Legal Newspaper for 2004. One bid was received from the Sentinel. The Bid was opened and reviewed. Higgins suggested that the bid would be reviewed and that the designation of the Official County Legal Newspaper will be done during the Boards first meeting in January.

 

Higgins presented the Transit Agreement between the Minnesota Department of Transportation (MNDOT) and Martin County for bus transit services for CY2004 for operation of Martin County Express. Higgins further stated that MNDOT has reinstated operations cost to 2003 levels and that this was an increase of $3,200 from the original grant request.

 

Motion by Commissioner Pierce, seconded by Commissioner Schmidtke, Be It Resolved, that the Martin County Board of Commissioners hereby approve and authorize the Chair to sign the Agreement #85738 between the Minnesota Department of Transportation Office of Transit and Martin County for operation of the Martin County Express for 2004 in the amount of $324,970. Carried unanimously.

 

Motion by Commissioner Schmidtke, seconded by Commissioner Donnelly,

 

R-#46/03

 

R E S O L U T I O N

 

REDESIGNATE PROJECT REPRESENTATIVE FOR LILY & CENTER CREEKS-BLUE EARTH RIVER WATERSHED PROJECT:

 

BE IT RESOLVED by the County of Martin that the County has entered into a Grant Agreement with the Minnesota Pollution Control Agency (MPCA) to conduct the following Project:

 

Lily & Center Creeks-Blue Earth River Watershed Project-Clean Water Partnership Project

 

BE IT FURTHER RESOLVED, by the County of Martin that Martin Soil and Water Conservation District serve as Project Representative and represent the County in all matters which, according to the conditions of the aforementioned project Agreement, that do not specifically require action by the County, and to conduct the project according to the final work plan for the Project and as referenced in the Agreement, and that expenditures of project monies are to be expended as established in the agreement and/or work plan, and any changes to the Agreement and/or work plan must be authorized by the County, effective 12-16-03.

 

BE IT FURTHER RESOLVED, that all prior designations of the authorized project representatives and other county personnel, with the exception of the Board Chair, authorized to acting on behalf of by Martin County for the Lily and Center Creeks-Blue Earth River Watershed project Clean Water Partnership is hereby rescinded.

 

WHEREUPON the above resolution was adopted at a regular meeting of the Commissioners this 16th day of December 2003.

 

 

________________________________ 12-16-03

Gerald Boler, Chairman Date

 

STATE OF MINNESOTA

 

Martin County

 

I, Scott Higgins, do hereby certify that I am the custodian of the minutes of all proceedings had and held by the County Commissioners of said Martin County, that I have compared the above resolution with the original passed and adopted by the County Commissioners of said County at a regular meeting thereof held on the 16th day of December 2003 that the above constitutes a true and correct copy thereof, that the same has not been amended or rescinded and is in full force and effect.

 

IN WITNESS WHEREOF, I have hereunto placed my hand and signature this 16th day of December and have hereunto affixed the seal of the County.

 

 

____________________________

Scott Higgins, County Coordinator

Those voting AYE: Commissioners Boler, Pierce, Donnelly, and Schmidtke.

NAYS: None, Passed and approved this 16th day of December 2003.

 

Motion by Commissioner Pierce, seconded by Commissioner Schmidtke, Be It Resolved, that the Martin County Board of Commissioners hereby approves the payment of the bills as presented for December 16, 2003. Carried unanimously.

 

 

Revenue Fund- Warrants to be paid 12-16-03 Totaled $198,795.69

Park & Recreation Fund- Totaled $ 1,026.14

Enhanced 911 Fund- Totaled $ 360.95

Solid Waste Management Fd Totaled $ 235.12

Law library Fund Totaled $ 316.45

Martin County Transit Fund Totaled $26, 542.96

Building CIP Fund Totaled $35, 350.74

Bank Building Fund Totaled $ 2,384.32

Forfeited Tax Fund Totaled $ 1,367.25

Ind. Sewage Treatment SYS. Loan Totaled $ 5,672.00

GRAND TOTAL 272,051.62

 

DITCH FUND- Warrants to be paid 12-16-03 Totaled $119,740.35

Road & Bridge Fund- Totaled $ 39,479.81

 

 

Motion by Commissioner Schmidtke, seconded by Commissioner Potter, to authorize and approve a second bill paying cycle for December 2003 and to authorize the Auditor/Treasurer to issue Auditors warrants for payment of bills included in the second cycle for the month. Carried unanimously.

 

The Board reviewed their reports and calendars of previous and upcoming meetings and activities.

 

Motion by Commissioner Pierce, seconded by Commissioner Donnelly, Be it Resolved, that the Martin County Board of Commissioners will go into closed session per MN Statute 13D.05 Subv. 3 for review of employee performance evaluations for 2003. Carried unanimously.

 

The meeting was closed at 11:34 a.m.

 

Those present were Commissioner Gerald Boler, Steve Pierce, Steve Donnelly, Jack Potter, Dan Schmidtke, and Scott Higgins, County Coordinator.

 

Motion by Commissioner Schmidtke, seconded by Commissioner Potter, Be It Resolved, that the Martin County Board of Commissioners, go back into open session. Commissioner Pierce left the meeting.

 

The meeting opened at 12:59 P.M.

 

Motion by Commissioner Schmidtke, seconded by Commissioner Potter, Be It Resolved, that the Martin County Board of Commissioners hereby approve the non-union step increases per the County Compensation Plan and that the non-union employees be notified by the County Coordinator of their increases for 2004. Carried unanimously.

 

Motion by Commissioner Schmidtke, seconded by Commissioner Donnelly, Be It Resolved, that the Martin County Board of Commissioners hereby approve the step increases for the Courthouse Union per the County Compensation Plan and Union Contract and that the Courthouse Union employees will be notified accordingly by the County Coordinator. Carried unanimously.

 

Motion by Commissioner Potter, seconded by Commissioner Donnelly, Be It Resolved, that the Martin County Board of Commissioners after conducting performance evaluation for the County Coordinator hereby approve a merit increase per the County Compensation Plan. Carried unanimously.

 

With no further business to wit, the next Board meeting will be January 6, 2003 at 9:00 a.m.

 

Motion by Commissioner Potter, seconded by Commissioner Donnelly to adjourn. The meeting adjourned at 1:01 p.m.

 

BOARD OF COMMISSIONERS

MARTIN COUNTY, MN

 

______________________________

Gerald Boler, Chairman

 

 

ATTEST:_______________________________

County Coordinator, Scott Higgins