AUGUST 22, 2017 BOARD MINUTES

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1 AUGUST 22, 2017 BOARD MINUTES Pursuant to motion of adjournment the Polk County Board of Commissioners met in regular session at 8:00 o clock a.m., in the Commissioners Room, Government Center, Crookston, MN. Members present: Commissioner Gerald Jacobson, Commissioner Warren Strandell, Commissioner Gary Willhite, Commissioner Joan Lee and Commissioner Don Diedrich and Charles S. Whiting, County Administrator, Clerk of the Board. Others present: Michelle Cote, Deputy Clerk of the Board. AGENDA A motion was made by Commissioner Lee seconded by Commissioner Jacobson and adopted by unanimous vote of the Board to approve the agenda. CONSENT AGENDA A motion was made by Commissioner Strandell seconded by Commissioner Jacobson and adopted by unanimous vote of the Board to approve the consent agenda: 1. Approve payment to Nardini Fire Equipment Company, Inc., Fargo, ND in the amount of $ for fire equipment for the Facilities Management Department. 2. Approve payment to Fleetmatics USA LLC, Pittsburgh, PA in the amount of $ for a vehicle tracking system for the Sheriff s Office. 3. Approve for payment Lost Warrant No in the amount of $ in the name of Doreen Narlock dated April 21, Approve payment Minnesota Deputy Registrar s Association (MDRA), Coon Rapids, MN in the amount of $30.00 for 2017 MDRA annual meeting registration for Wanda Marshall, License Center. COUNTY BOARD MEMBERS ISSUE FORUM 1. Commissioner Jacobson brought forth that he attended the NRSC/Sandhill Watershed meeting in McIntosh focusing on water quality. He also attended the BSWR/DNR meeting in Winger regarding the Vesledahl property. He also attended the Union Lake Sarah Improvement District annual meeting. Also brought forth was discussion regarding the continued concern about the proposed Dollar General Store in Fertile and an off sale liquor license. 2. Commissioner Strandell brought forth that he participated in his first Building Committee meeting for the Environmental Services project. Also brought forth was discussion regarding the Bjella building and the remodeling for Polk County Social Services. 3. Commissioner Willhite brought forth that he did not attend any county meetings. 4. Commissioner Lee brought forth that she attended the Household Hazardous Waste meeting in Thief River Falls where fees and budgets were the focus. Also attended was the East Polk County Soil and Water Conservation District meeting where county funding was the focus. She also attended the Polk County Extension Committee meeting. In addition she attended the BSWR/DNR meeting in Winger regarding the Vesledahl property. Page 1

2 5. Commissioner Diedrich brought forth that he attended the Law Library meeting. He also brought forth that he attended the quarterly Extension meeting. The retirement open house for Deb Zak is scheduled for September 19, 2017 from 2:00 p.m. 4:00 p.m. JUDICIAL DITCH NO. 72 JOINT BOARD MEETING JUDICIAL DITCH NO. 72 JOINT BOARD MEETING FOR JUDICIAL DITCH NO. 72 The meeting of the Joint Board for Joint County Dich No. 72 was held on at 8:30 a.m., in the Board Room of the Polk County Government Center in Crookston, Minnesota. Members Present: Polk County Commissioners Jerry Jacobson, Joan Lee, and Don Diedrich, Red Lake Watershed System Board Member Les Torgerson, Myron Jesme, Red Lake Watershed and Michelle Cote, Polk County Director of Property Records, and Jody Beauchane, Polk County Highway Agricultural and Ditch Inspector. 1. Call to Order Polk County Commissioner Don Diedrich as Chair of the Judicial Ditch No 72 Joint Board for 2017 called the meeting to order in the Board Room of the Polk County Government Center in Crookston, Minnesota. 2. Approval July 31, 2017 Minutes A motion was made by Polk County Commissioner Lee seconded by Polk County Commissioner Jacobson and adopted by unanimous vote of the Judicial Joint Board to approve the July 31, 2017 minutes Judicial Ditch No 72 Joint Board for 2017 with corrections as noticed. 3. Approval of Viewers for Redetermination of Benefits The quotes from viewers Jerry Bennett and H2Over Viewers were reviewed. A motion was made by Polk County Commissioner Jacobson seconded by Red Lake Watershed District Member Les Torgerson and adopted by unanimous vote of the Judicial Joint board to appoint, Jerry Bennett, Roger Beiswenger, and Rob Wagner as the viewers for the Redetermination of Judicial Ditch No Adjournment A motion was made by Polk County Commissioner Lee seconded by Red Lake Watershed District Member Les Torgerson and adopted by unanimous vote of the Board to adjourn the Informational Meeting for Judicial Ditch No. 72 at 8:42 a.m. PROPERTY RECORDS Michelle Cote, Property Records Director came before the Board with matters pertaining to her department: 1. Property Lease Parcel Discussion was held with the Board regarding the property lease between Polk County (Landlord) and Orlando M. Sannes (Tennant). A motion was made by Commissioner Willhite seconded by Commissioner Lee and adopted by unanimous vote of the Board to approve the Property Lease Agreement for Parcel No authorizing the Polk County Administrator and the Board Chair to sign said lease. (Lease on file in the Administrator s Office) 2. Classify and Appraise Forfeited Properties Page 2

3 A Tax-Forfeited Lands in the County of Polk to be classified as Non-Conservation and Assessed for Sale handout list was presented to the Board. A motion was made by Commissioner Lee seconded by Commissioner Strandell and adopted by unanimous vote of the Board to classify the below list of forfeit parcels as Non-Conservation: Tax-Forfeited Lands In The County of Polk Appraised And To Be Offered For Sale Classified as Non-Conservation Sec. Twp. Assessments Basic Or Or Before Sale Subdivision Lot Block Range Forfeiture Price Fosston City $ - The East Half (E ½) of Lot Nineteen (19) and All of Lots Twenty (20) and Twenty-one (21), Block One (1), Stadsvold and Lohn s Addition to Fosston A motion was made by Commissioner seconded by Commissioner and adopted by unanimous vote of the Board to approve viewing and setting of basic sale prices as shown below: Tax-Forfeited Lands In The County of Polk To Be Classified as Non-Conservation And Assessed For Sale Sec. Twp. Assessments Basic Or Or Before Sale Subdivision Lot Block Range Forfeiture Price ANGUS $12, Lots Eleven (11), Twelve (12), Thirteen (13), and Fourteen (14), Block Eight (8), Townsite of Angus, Polk County, Minnesota. TABOR $ Commencing at a point on the NE corner of the NW1/4 NW1/4 of Section 17, Township 153, Range 48 thence running 16 feet West, thence 12 rods South, thence 16 feet East, thence 12 rods North to place of beginning, and commencing at a point 16 feet West of the NE corner of the NW Quarter of the NW Quarter (NW1/4 NW1/4) of Section 17, Township 153 Page 3

4 North of Range 48 West of the Fifth Principal Meridian, thence due South a distance of 12 rods, thence at right angles West a distance of 50 feet, thence at right angles due North a distance of 12 rods to the North line of said Section, thence at right angles a distance of 50 feet East along said section line to the point of beginning $11, A tract of land One Hundred Twenty (120) feet East and West by Two Hundred feet (200) North and South in the Northwest corner of the Northeast Quarter of the Northwest Quarter (NE1/4 NW1/4) of Section Seventeen (17), Township One Hundred Fifty-three (153), North of Range Forty-Eight (48) West of the Fifth Principal Meridian, described as follows: commencing at the Northwest corner of said NE1/4 NW1/4 of Section 17; thence running East from said point of commencement a distance of 120 feet; thence running South a distance of 200 feet; thence running West a distance of 120 feet; thence running North a distance of 200 feet to the point of beginning. CITY OF BELTRAMI $2, $300 That part of the Northwest Quarter of the Northwest Quarter (NW1/4NW1/4) of Section Twenty-one (21), Township One Hundred Forty-seven (147) North of Range Forty-six (46) West of the Fifth Principal Meridian, described as follows, to-wit: Commencing at a point 33 feet South and 590 feet East of the corner common to Sections 16, 17, 20 and 21 in Twp. 147 N. of R. 46 W.; which is the point of beginning of the tract herein described; running thence South a distance of 150 feet; thence at right angles East a distance of about feet to the West side of DeKalb Avenue of First Addition to Beltrami: thence at right angles North and along the West side of said DeKalb Avenue a distance of 150 feet to a point 33 feet South of the section line between Sections 16 and 21, in said town and range; thence West parallel with and 33 feet distant from said section line feet to the place of commencement. Sec. Twp. Assessments Basic Page 4

5 Or Or Before Sale Subdivision Lot Block Range Forfeiture Price CITY OF CROOKSTON $1, Lot Two (2), Block Five (5), L. Fletcher s Addition to Crookston $3, The Westerly Seventy-five (75) feet of Lot Twelve (12), Block Eight (8), Cromb & Sletten s Subdivision of Outlots in Hurlbuts Addition to the City of Crookston $2, The North 25 feet of Lot Four (4), Block Five (5), Clements Third Addition to Crookston $2, Lots Fifteen (15) and Sixteen (16), of Block Twenty-two (22), Jerome s Addition to Crookston. CITY OF EAST GRAND FORKS $33, Lot Twelve (12), Block One (1), Peabody s 1st Addition to the City of East Grand Forks. CITY OF FOSSTON $ Lots Thirteen (13), Fourteen (14), and Fifteen (15), Block One (1), Stadsvold and Lohn s Addition to Fosston Except that part of said Lot 15, Block 1 Lying Southerly and Easterly of a line described as follows: Beginning at the Northeast corner of said Lot 15, Block 1: thence Southwesterly deflecting to the West 1 47 from the common line between Lot 15 and 16, said Block 1, a distance of feet; thence Southwesterly, deflecting to the right a distance of feet to the intersection with the Southerly line of said Lot 15, Block 1 at a point feet Northwesterly of the Southeast corner of said Lot 15, Block 1 and said line there terminating. CITY OF MCINTOSH U $6, Outlot U, Auditor s Plat of Outlots, City of McIntosh $1, Lots Sixteen (16), Seventeen (17) and Eighteen (18), Block Five (5), North McIntosh. Page 5

6 SHERIFF 1. Sheriff Monthly Reports The July 2017 Sheriff Report was presented as a part of the board packet. (Report on file in the Administrator s Office) JOINT PUBLIC HEARINGS 1. Open Hearings A motion was made by Commissioner Willhite seconded by Commissioner Lee and adopted by unanimous vote of the Board to open the two Public Hearings at 9:00 a.m., for the Land Use/Zoning Ordinance Amendments along with the Local Water Plan Update. 2. Review of Amendments to Polk County Land Use/Zoning Ordinance presented by Josh Holte, Polk County Planning and Zoning Administrator Consideration to adopt the Land Use/Zoning Ordinance Amendments was discussed with the Board. 3. Public Comments No comments were received from persons in attendance. 4. Review of Polk County Comprehensive Local Water Plan Update presented by Nicole Bernd, West Polk SWCD District Manager and Lisa Newton East Polk SWCD District Manager. Consideration to adopt the Polk County Comprehensive Local Water Plan Update was discussed with the Board. 5. Public Comments Gene Tiedeman, Landowner and Board member of Red Lake Watershed District provided a comment regarding the Buffer Strip Law. 6. Close Hearings A motion was made by Commissioner Lee seconded by Commissioner Willhite and adopted by unanimous vote of the Board to close the Public Hearings at 9:25 a.m. POLK COUNTY SOIL & WATER CONSERVATION DISTRICTS Nicole Bernd, West Polk SWCD District Manager, along with Board Member Elliot Solheim and Lisa Newton, East Polk County SWCD District Manager, along with Board Member Ken Pederson came before the Board with matters pertaining to the West and East Polk Soil and Water Conservations Districts: 1. Update to Polk County Comprehensive Local Water Plan A motion was made by Commissioner Lee seconded by Commissioner Strandell and adopted by unanimous vote of the Board to approve the Polk County Comprehensive Local Water Plan as presented to the Board East and West SWCDs Budget Requests Board Members and others were introduced. Discussion was held with the Board along with handouts regarding the 2018 East and West Polk Soil & Water Conservation Districts budget requests. An increase of 20% is being requested for the 2018 fiscal year. (Handouts on file in the Administrator s Office). Page 6

7 PLANNING AND ZONING Josh Holte, Assistant Environmental Services Administrator came before the Board with matters pertaining to Planning and Zoning: 1. Resolution ( ) Amending the Polk County Land Use/Zoning Ordinance Resolution ( ) Amending the Polk County Land/Use Zoning Ordinance was offered by Commissioner Jacobson seconded by Commissioner Strandell the foregoing resolution and it was declared adopted upon the following vote: YEAS: Jacobson, Lee, Diedrich, Willhite and Strandell. NAYS: None. (See Complete Resolution ( ) on file in the Administrator s Office) 2. Award of Septic Loans: a. Gloria Benedick Badger Township A motion was made by Commissioner Lee seconded by Commissioner Willhite and adopted by unanimous vote of the Board to award a Low Income Septic Fix- Up Funding to Gloria J. Benedick to upgrade her failing septic system and to award the bid to Ryan s Backhoe Service, McIntosh, MN who was the low bidder in the amount of $10, and will be installing the septic system. b. Jay Dietel Knute Township A motion was made by Commissioner Lee seconded by Commissioner Jacobson and adopted by unanimous vote of the Board to award a Low Income Septic Fix- Up Funding to Jay Orville Dietel to upgrade his failing septic system and to award the bid to Ryan s Backhoe Service, McIntosh, MN who was the low bidder in the amount of $6, and will be installing the septic system. c. Raymond & Sarah Szmergalski Crookston Township A motion was made by Commissioner Willhite seconded by Commissioner Strandell and adopted by unanimous vote of the Board to award a Low Income Septic Fix-Up Funding to Raymond E. and Sarah S. Szmergalski to upgrade their failing septic system and to award the bid to Dan Bertils, Crookston, MN who was the low bidder in the amount of $10, and will be installing the septic system. d. Patricia Payla Tabor Township A motion was made by Commissioner Strandell seconded by Commissioner Jacobson and adopted by unanimous vote of the Board to award a Low Income Septic Fix-Up Funding to Patricia Payla to upgrade her failing septic system and to award the bid to Tony Filipi, Warren, MN who was the low bidder in the amount of $8, and will be installing the septic system. SOCIAL SERVICES Kent Johnson, Social Services Director came before the Board with matters pertaining to his department: 1. Case Aide Replacement Request A motion was made by Commissioner Jacobson seconded by Commissioner Strandell and adopted by unanimous vote of the Board to approve refilling the Case Aide position and any internal subsequent position vacancies occurring as a result of this action. 2. Eligibility Worker Replacement Request A motion was made by Commissioner Willhite seconded by Commissioner Lee and adopted by unanimous vote of the Board to approve refilling the Eligibility Worker Page 7

8 position and any internal subsequent position vacancies occurring as a result of this action. TRI-VALLEY TRANSPORTATION Cynthia Pic, Tri-Valley Transportation Programs Director came before the Board with matters pertaining to Tri-Valley: 1. Report and Appropriation Request Discussion along with a verbal report was given to the Board regarding the 2018 appropriation request. Funds of $7, are being requested for the Transportation Program for The request was taken under advisement. PUBLIC HEARING LOCAL OPTION SALES TAX FOR TRANSPORTATION 1. Open Hearing A motion was made by Commissioner Willhite seconded by Commissioner Jacobson and adopted by unanimous vote of the Board to open the Public Hearing at 11:00 a.m., for the Local Option Sales Tax for Transportation 2. Review of Local Option Sales Tax for Transportation Consideration to adopt the Local Option Sales Tax for Transportation. 3. Public Comments Evan Fonder, Nords Pharmacy, Fosston, MN posed the question as to the reasoning of discontinuing the Wheelage Tax. Commissioner Jacobson responded he felt the Wheelage Tax was disproportionate to those that could least afford it. It was Mr. Fonder s opinion that the sales tax as a business owner puts the cost on them. He is opposed to the sales tax. Leah Palubicki, Palubicki s Grocery Store, Fosston, MN spoke of the cost of reprogramming the POS systems utilized. She indicated the special programming is $10, which include hard programming costs and labor. Robert Prudhomme, Bob s Lawn Care, Crookston, MN agreed with the previous comments. He would not be opposed to a Wheelage Tax increase as Wheelage Tax is collected by the state rather than small businesses. David Burgraff, Fosston, MN commented regarding the Wheelage Tax that a $500 vehicle causes the same amount of wear and tear on a road as a $50,000 vehicle. He feels sales tax at 6.875% is already high enough. Leah Palubicki, Palubicki Grocery Store, Fosston, MN commented that before them is a group of small business owners and pointed out what they will cost this group by the implementation of this unfair burden. Casey Holland Fosston, MN questioned as to whether this option is to come before the constituents as a ballot question. Robert Prudhomme, Bob s Lawn Care, Crookston, MN asked that the Polk County Commissioners seek out and talk to additional business owners in the county as to the impact of the sales tax implementation. David Burgraff, Fosston, MN spoke to the impact of the sales tax of a person who is purchasing a cell phone at the average cost of $800 to $1000 which could lead them to purchase in a different county. Page 8

9 Robert Prudhomme, Bob s Lawn Care, Crookston, MN referenced the map showing counties who are either Wheelage, Sales Tax or both. He indicated there are more green counties representing Wheelage Tax referencing it must be working. He would like to see them keep it. He feels the sales tax will only snowball and the Wheelage Tax doesn t put small businesses at risk of going out of business. David Burgraff, Fosston MN spoke to issue of those small businesses that collect the tax are not compensated for collecting it. Evan Fonder, Nord s Pharmacy, Fosston, MN asked the question regarding Wheelage Tax and the ability to expand which and type of vehicles is it taxed. He asks that even if it means a year without a Wheelage Tax and projects that they do not implement the sales tax and reinstate the Wheelage Tax at $20.00 for Close Hearing A motion was made by Commissioner Willhite seconded by Commissioner Jacobson and adopted by unanimous vote of the Board to close the Public Hearing at 11:45 a.m. NWMN HOUSING AND REDEVELOPMENT AUTHORITY Lee Meier, HRA Executive Director and Mark Finstad, HRA Board Member of the NWMN Housing and Redevelopment Authority came before the Board with matters pertaining to the NWMN Housing and Redevelopment Authority: 1. Housing and Redevelopment Authority 2017 Levy & Program Review An update was given to the Board along with handouts regarding the NWMN Housing and Redevelopment Authority. (Handouts on file in the Administrator s Office). A motion was made by Commissioner Jacobson, seconded by Commissioner Willhite and adopted by unanimous vote of the Board to authorize the County Administrator to write a letter of support from the County Board for 2018 Legislation that would extend levy options for an additional 5 years. ENVIRONMENTAL SERVICES Jon Steiner, Environmental Services Director came before the Board with matters pertaining to his department: 1. Titus MRF Services Integration Contract Phase II Discussion was held with the Board and the Titus MRF Services Integration Contract Phase II was presented. A motion was made by Commissioner Lee seconded by Commissioner Strandell and adopted by unanimous vote of the Board to approve the Titus MRF Services/Installer/Integrator Contract for Phase I & II of the Regional Solid Waste Expansion Project, upon execution of the MPCA CAP Grant Contract and the Polk County Attorney reviewal/approval. Total Installer/Integrator Services Contract value for both projects combined will total $8,494, (Contract on file in the Administrator s Office) 2. Solid Waste Project Updates a. Update of Phase I Projects Polk and Beltrami County An update was given to the Board regarding the Phase I Projects with Polk and Beltrami County. b. Update of Phase II Funding An update was given to the Board regarding the Phase II Funding. Page 9

10 c. Update of Upcoming Activities, Purchases and Next Steps An update was given to the Board regarding the upcoming activities, purchases and the next steps to be taken. REVISED AGENDA A motion was made by Commissioner Lee seconded by Commissioner Willhite and adopted by unanimous vote of the Board to approve the revised agenda adding 1(d) under the Administrator. ADMINISTRATION Chuck Whiting, Polk County Administrator came before the Board with matters pertaining to his department: Budget Status a. Personnel Positions Discussion was held with the Board regarding personnel positions within Polk County. b. Appropriation Requests Discussion regarding the 2018 appropriation requests along with handouts were presented to the Board. (Handouts on file in the Administrator s Office) c. Review of Preliminary Levy Options Discussion was held with the Board regarding the 2018 preliminary levy options. d. Acceptance of Funds A motion was made by Commissioner Lee seconded by Commissioner Strandell and adopted by unanimous vote to accept $10.00 in anonymously donated funds to the Sheriff s Public Safety Budget. 2. Performance Review Closed Session (Pursuant to MN Statutes 13D.05, Subd. 3(a)) Evaluate the Performance of Individual Subject to the Board s Authority, County Administrator Chuck Whiting a. Action to Convene in Closed Session A motion was made by Commissioner Lee seconded by Commissioner Willhite and adopted by unanimous vote of the Board to move into closed session at 2:36 p.m. b. Reconvene Into Open Session A motion was made by Commissioner Lee seconded by Commissioner Willhite and adopted by unanimous vote of the Board to reconvene into regular session at 3:06 p.m. c. Report Conclusion of Closed Session Evaluation Discussion was brought forth regarding the evaluation of Administrator Chuck Whiting. It was reported that the evaluation was positive with no major corrective action is required. COUNTY BOARD WORK SESSION 1. Board Actions Process Discussion was held with the Board regarding the Board decision making process and how agenda items are requested. Page 10

11 2. Pipeline 2017 State Orders Discussion was held with the Board and a handout was presented regarding the 2017 State Ordered Estimated Market Values for the North Dakota Pipeline LLC. (Handout on file in the Administrator s Office) 3. LEC Conference Room Discussion was held with the Board regarding the potential uses for the LEC Conference Room. 4. Government Center Office Space Discussion was held with the Board regarding Government Center Office Space possibilities. 5. Succession Planning Discussion was held with the Board regarding Succession Planning for the Administrator and other Polk County Department Heads. 6. Polk County Extension Options Discussion was held with the Board regarding the staffing levels of Polk County Extension. With no further business the Board adjourned to reconvene at 8:00 o clock a.m., September 5, ATTEST: Don Diedrich, Chairman Charles S. Whiting, Polk County Administrator Clerk of the Board Page 11