PROCEEDINGS OF THE MARTIN COUNTY BOARD OF COMMISSIONERS TUESDAY, FEBRUARY 7, 9:00 A.M.

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1 PROCEEDINGS OF THE MARTIN COUNTY BOARD OF COMMISSIONERS TUESDAY, FEBRUARY 7, 9:00 A.M. The meeting was called to order at 9:00 a.m. by Vice Chairman Dan Schmidtke. Commissioners present were Steve Pierce, Steve Donnelly and Jack Potter. Commissioner Boler was absent. Also present were Scott Higgins, County Coordinator, James Forshee, County Auditor/Treasurer, Terry Viesselman, County Attorney, Kevin Peyman, County Engineer, Steve McDonald, MIS Director, Rod Halvorsen, KSUM/KFMC Radio, Bill Cahalan, Sentinel Newspaper, Julie Walters, Administrative Assistant, members of staff and public. Motion by Commissioner Potter, seconded by Commissioner Pierce, to approve the agenda with two (2) additions: (1) Approve Minutes of the January 30, 2006 Special Joint Meeting with City of Fairmont; and (2) Consider Approval of Tobacco License Application for AJ s Bottle Shop of Welcome, MN. Motion by Commissioner Donnelly, seconded by Commissioner Potter, Be It Resolved that the Martin County Board of Commissioners, hereby approve the minutes of the January 17, 2006 regular Board of Commissioners Meeting. Carried unanimously. Motion by Commissioner Donnelly, seconded by Commissioner Potter, Be It Resolved that the Martin County Board of Commissioners, hereby approve the minutes of the January 30, 2006 special Joint Meeting with City of Fairmont. Carried unanimously. Terry Viesselman, County Attorney, was present and stated he was asked to review the Nazca contracts 90 day opt out clause. Viesselman stated the Sublicense Agreement states that Martin County can opt out of the Agreement under the same procedure set out in the Master Agreement between Minnesota Counties Computer Cooperative (MCCC) and Nazca Solutions, referencing paragraph 10.6 which states MCCC reserves the right to terminate this Agreement immediately if the Software provided herein becomes illegal or contrary to any applicable law, rule or regulation and shall have the right to terminate this Agreement for any reason upon ninety (90) days prior written notice to Nazca. In the event MCCC elects to terminate this Agreement for convenience, Sublicensee will assume all of the rights and obligations of MCCC arising from this Agreement, except that Nazca may elect to terminate any obligations it may have to Sublicensees following MCCC s termination for convenience. Viesselman noted that while Martin County can get out of our Sublicense Agreement for any reason upon 90 days notice, it does depend on where we are in the Agreement. If the county owes any obligations up until the point of termination, the county is still responsible for those obligations. Viesselman continued that it is his understanding that Martin County doesn t owe anything at this point. 1

2 Steve McDonald, MIS Director, was present and stated that MCCC has been billed by Nazca for the full amount and MCCC in turn billed Martin County. However, per the Master Agreement, it was to be a 20/20/20/40 payment schedule, with the first 20% of the total due when Nazca, MCCC and the Sublicensee sign the Approved Sublicense Agreement; the second 20% of the total is due when the design phase of the project is complete; the third 20% of the total is due when the development phase of the project is complete; and the remaining 40% is due when final implementation of the project is complete. McDonald stated the bill was sent back to MCCC as it was not correct. It was during this process that the letter from MCCC went out to Nazca stating that MCCC ceased all payments until Nazca meets its contractual obligations and stipulations stated in that letter. McDonald noted that during a recent conference call with MCCC, Nazca has not produced a viable software package yet in Carver and Wright Counties per the cure letter sent by MCCC. Discussion ensued regarding options of waiting until the cure date of February 28, 2006 given to Nazca by MCCC, or to opt out of the Agreement now. After discussion, Consensus of Martin County Board of Commissioners is to wait to see if Nazca is able to deliver and install a viable commercial version of the Property Management Portal software by the cure date given to them by Minnesota Counties Computer Cooperative (MCCC) of February 28, 2006, and the Board will discuss again during the March 7, 2006 regular Board of Commissioners Meeting. Scott Higgins, County Coordinator, introduced Rick Goodeman representing the Southwest Minnesota Housing Partnership (SWMHP) HOME Rental Rehabilitation Program. Goodeman stated his organization has been administering the program since 1994 in twelve counties in southwestern Minnesota. The HOME Program funds the rehabilitation of rental properties with zero percent deferred for forgivable loans through the Minnesota Housing Finance Agency. The HOME Program requires that the Owners of these rental properties comply with rent and income restrictions for a five-year period after the rehabilitation is completed, therefore providing lower income residents with an affordable housing option. The SWMHP would like to become the Local Administrator for Martin County. Goodeman noted there is no county cost involved and that all administrative fees are provided and paid for by the State of Minnesota. Motion by Commissioner Pierce, seconded by Commissioner Donnelly, R-#17/ 06 R E S O L U T I O N AUTHORIZING PARTICIPATION IN THE HOME RENTAL REHABILITATION PROGRAM 2

3 WHEREAS, the County of Martin desires to participate in the Minnesota Housing Finance Agency, HOME Rental Rehabilitation Program, and administer it in accordance with all applicable State and Federal regulations; and WHEREAS, in order to participate in the program it is necessary for the County of Martin to file an application signed by the Southwest Minnesota Housing Partnership, Executive Director with the Minnesota Housing Finance Agency; and WHEREAS, the need for Martin County Board approval concerning the submission of Application for Administrative Authority; and NOW THEREFORE, be it resolved by the Board of Commissioners of Martin County that the Southwest Minnesota Housing Partnership, Executive director is authorized to: 1. File an Application for Administrative Authority with the Minnesota Housing Finance Agency for participation in the HOME Rental Rehabilitation Program; and 2. Administer through the Southwest Minnesota Housing Partnership program funds awarded by the Minnesota Housing Finance Agency for the rehabilitation of rental property in the County of Martin. Duly passed and adopted this 7 th day of February, ATTEST: Scott Higgins, County Coordinator BOARD OF COMMISSIONERS MARTIN COUNTY Dan Schmidtke, Vice Chair Roll Call AYES: Commissioners Potter, Schmidtke, Donnelly and Pierce. NAYS: None. Duly passed and adopted this 7 th day of February, Higgins reviewed the City of Ceylon s reimbursement request for demolition of two buildings within Ceylon, one of which was a city owned building and the adjacent building a tax forfeited property. Ceylon was billed $101,846 by a contractor for the demolition of a former downtown grocery store and for another building adjacent to the rear of the store which was held by the county after it was forfeited through non-payment of property taxes. Discussion ensued that Ceylon did not have permission to tear down the tax forfeited property, which the county administers and that Ceylon did not submit its funding request until after the work was done. Higgins stated that during the January 17, 2006 Board of Commissioners Meeting no action was taken and as result the request 3

4 was denied and is now being presented for reconsideration at today s Board of Commissioners meeting. Commissioner Schmidtke, who represents Ceylon residents, stated he has taken a lot of time and effort to gather information pertaining to the demolished buildings including a dollar amount for demolition of what would have been the county building. Schmidtke continued that the building is not a county owned building by choice, but because someone didn t pay their taxes it came back to the county. Schmidtke stated that a comment had been made that the county had been contacted about that building. James Forshee, County Auditor/Treasurer, was contacted prior to the building being torn down asking if the county wanted the building taken down at the same time the other building was torn down, at a cost of approximately $30,000. At that time, Forshee said the county did not have any funds to pay for the project and to leave the county building alone. The mayor and council of Ceylon felt the building needed to come down and so it was demolished at the same time as the city owned building. Schmidtke noted he has had numerous phone calls and has talked with many people in the city of Ceylon and Martin County regarding this project. John Gibeau, former Ceylon Mayor, and council member Jackie Jahnke representing the city stated that while they agree this entire demolition process was handled poorly, if the buildings had remained intact it would have been a community hazard. Schmidtke stated the county used to have a fund that helped cities pay for demolition of such buildings. It involved money raised from the sale of tax forfeited land. However, under state law, the county had to distribute the funds to each of the cities their respective share of the tax forfeited funds. Schmidtke further stated that there are no forfeited land sale funds to provide to Ceylon. After discussion, Motion by Commissioner Pierce, seconded by Commissioner Potter, Be It Resolved that the Martin County Board of Commissioners, after careful review and consideration of the request to provide financial assistance to the City of Ceylon for the demolition of buildings, including a tax forfeited property, already demolished by the City, without first providing the County with a request for financial assistance for aforementioned building demolitions, hereby denies the City of Ceylon building demolition expense request for tax forfeited property. Carried unanimously. Higgins stated that Tobacco License Applications from the Trimont Liquor Store Trimont, MN and AJ s Bottle Shop Welcome, MN have been received and that the required fees and criteria for tobacco license have been met. Motion by Commissioner Pierce, seconded by Commissioner Potter, R-#14/ 06 RESOLUTION ISSUANCE OF TOBACCO LICENSE FOR

5 WHEREAS, the County of Martin, MN (County) has established a Tobacco Ordinance (Ordinance) relating to the sale, possession, and use of tobacco in Martin County and to reduce the illegal sale, possession, and use of such items to and by minors, along with compliance with Minnesota Statutes and Rules; and, WHEREAS, applications for a tobacco license to sell tobacco shall be made through the County and its required forms as established by the Ordinance; and, WHEREAS, the Martin County Board of Commissioners (Board) may either approve or deny the license, or delay it for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Board approves the application, the County Coordinator shall issue the license. If the application is denied, notice of the denial shall be given to the applicant along with notice of the applicants right to appeal the Board s decision; and, WHEREAS, all licenses shall be valid under the Ordinance for one calendar year from the date of issuance; and, NOW THEREFORE BE IT RESOLVED, that the Martin County Board of Commissioners, hereby approve and authorize tobacco license for the following Retail Establishments, and valid for the year 2006, License Approved for: Trimont Liquor Store Trimont, MN Upon this motion made by Commissioner Pierce, seconded by Commissioner Potter, was duly made and passed this 7 th day of February, ATTEST: Scott Higgins, County Coordinator BOARD OF COMMISSIONERS MARTIN COUNTY, MN Dan Schmidtke, Vice Chair Roll Call AYES: Commissioners Donnelly, Schmidtke, Potter and Pierce. NAYS: None. Duly passed and adopted this 7 th day of February, Motion by Commissioner Potter, seconded by Commissioner Donnelly, 5

6 R-#18/ 06 RESOLUTION ISSUANCE OF TOBACCO LICENSE FOR 2006 WHEREAS, the County of Martin, MN (County) has established a Tobacco Ordinance (Ordinance) relating to the sale, possession, and use of tobacco in Martin County and to reduce the illegal sale, possession, and use of such items to and by minors, along with compliance with Minnesota Statutes and Rules; and, WHEREAS, applications for a tobacco license to sell tobacco shall be made through the County and its required forms as established by the Ordinance; and, WHEREAS, the Martin County Board of Commissioners (Board) may either approve or deny the license, or delay it for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Board approves the application, the County Coordinator shall issue the license. If the application is denied, notice of the denial shall be given to the applicant along with notice of the applicants right to appeal the Board s decision; and, WHEREAS, all licenses shall be valid under the Ordinance for one calendar year from the date of issuance; and, NOW THEREFORE BE IT RESOLVED, that the Martin County Board of Commissioners, hereby approve and authorize tobacco license for the following Retail Establishments, and valid for the year 2006, License Approved for: AJ s Bottle Shop Welcome, MN Upon this motion made by Commissioner Potter, seconded by Commissioner Donnelly, was duly made and passed this 7 th day of February, ATTEST: Scott Higgins, County Coordinator BOARD OF COMMISSIONERS MARTIN COUNTY, MN Dan Schmidtke, Vice Chair 6

7 Roll Call AYES: Commissioners Pierce, Schmidtke, Donnelly and Potter. NAYS: None. Duly passed and adopted this 7 th day of February, Higgins continued that David Mosely, d/b/a D & D s Redneck Place in Imogene, MN has applied for a Non-Intoxicating Malt Liquor License On-Sale and Off-Sale. His current license will expire on March 15, If approved, the license will be effective March 16, 2006 through March 15, Motion by Commissioner Donnelly, seconded by Commissioner Potter, Be It Resolved that the Martin County Board of Commissioners, hereby approve Non-Intoxicating Malt Liquor License On-Sale and Off-Sale for David Mosely, d/b/a D & D s Redneck Place Imogene, MN effective March 16, 2006 through March 15, Carried unanimously. Kevin Peyman, County Engineer, was present to review bids received and request approval to purchase a 2006 Motor Grader. Peyman noted the county has a 1987 Caterpillar 140G with approximately 17,000 hours for use as a trade in for replacement unit. Peyman stated the Highway Department looks at a variety of factors when bidding equipment in order to get the best value for the money. Peyman noted the difference between the Caterpillar rental return and the John Deere new motor grader is approximately $4,800. Peyman met with the Highway Department Equipment Committee and reviewed bids received, paying close attention to fuel economy, service, and trade value differences. Peyman recommended purchase of used 2006 Caterpillar motor grader John Deere 770 D Motor Grader (New) $169, From RDO Equipment Co. (N. Mankato) $- 42, (trade) $127, tax 2006 Caterpillar 140H Motor Grader (New) $205, From Ziegler Cat (Minneapolis) $-60, (trade) $128,600 + tax 2006 Caterpillar 140H Motor Grader (Rental Return) $188, From Ziegler Cat (Minneapolis) 2006 model with less than $-60, (trade) 400 hours $128, tax Comparisons: Caterpillar John Deere Fuel Capacity 105 gal. 106 gal. Height Weight 32,357 lbs. 32,670 lbs. Length Horse Power Top Speed 27.4 mph 26.0 mph Warranty 7500 hrs/60 month 7000 hrs/60 month Fuel use/hour 4.7 gal/hr* 6.5 gal/hr* 7

8 *Both fuel use/hour numbers are manufacturer ratings for medium usage. Our operators found in actual use that the John Deere used approximately 1.6 gal/hr additional fuel. A representative from RDO Implement of Mankato (and bidder) was present and discussed the qualities of the John Deere 770D Motor Grader. After discussion, Motion by CommissionerPierce, seconded by Commissioner Potter, Be It Resolved that the Martin County Board of Commissioners, after careful consideration and review of the bids for the Motor Grader between CAT and John Deere models, hereby approve the purchase of a used 2006 Motor Grader from Ziegler Cat of Minneapolis, MN in the amount of $188,600 less $60,000 for trade in of Unit #29 for total purchase price of $128,600 plus applicable taxes. Carried unanimously. Peyman next presented proposed improvements to a half-mile of 140 th Street, near Welcome, for the proposed VeraSun ethanol production plant. VeraSun has a February 17, 2006 deadline to decide whether it will buy property east of Welcome for an ethanol plant. The site in Rolling Green Township is along County Road 26, and would likely be annexed by Welcome. If VeraSun decides to build an ethanol plant, a half mile of 140 th Street along Highway 26 would be changed from a township road to a county road. Peyman noted that as part of the county s economic development efforts, the county is committed to converting the half mile of township road into a concrete county road. The road would connect the plant property to Highway 26. Plans also include construction of a right turn lane and a bypass lane on Highway 26 to accommodate semi-trailer trucks that would be turning into the plant site. Estimated cost of the project is $510,000 which does not include engineering and surveying expenses and stated there is no state funding for the proposed road improvements for the proposed economic development project. Paul Hein, rural Welcome resident, was present to voice his concern regarding the proposed by-pass lane and the potential effect it may have on his driveway. Peyman stated the county will address his concerns and that this initial design was completed prior to any survey being done and will be taken into consideration. After discussion, Motion by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved that the Martin County Board of Commissioners, hereby approve and authorize Kevin Peyman, County Engineer, to proceed with preliminary survey and upgrade design work of approximately ½ mile of 140 th Street (township road), right turn lane and a bypass lane on Highway 26, and overlay of CR #26 located near the City of Welcome. Carried unanimously. Jerry Voyles, SWCD Director, was present and gave a brief office update. Voyles presented the application for the Board of Water and Soil Resources Natural Resources Block Grant for CY2006. Monies from this grant will provide funding for the implementation of its comprehensive local water plans in the amount of $18,033; the administration of the wetland conservation act in the amount of $10,000; administration of the DNR shore land program in the amount of $3,445; MPCA ISTS program in the 8

9 amount of $1,500; and MPCA feedlot permit program in the amount of $57,116 for a total grant amount of $90,094. After discussion, Motion by Commissioner Pierce, seconded by Commissioner Potter, R-#15/ 06 RESOLUTION BOARD OF WATER AND SOIL RESOURCES NATURAL RESOURCES BLOCK GRANT FOR CY2006: WHEREAS, Martin County has a State approved comprehensive local water plan, which has been locally adopted pursuant to Minnesota Statutes Chapter 103B; and WHEREAS, Martin County may assess a levy under its general levy authority to match such grants by BWSR pursuant to Minnesota Statutes 103B.335; NOW, THEREFORE BE IT RESOLVED, that the Martin County Board of Commissioners approves of Martin County entering into a Grant Agreement with the State of Minnesota to receive state funds for the implementation of its comprehensive local water plans in the amount of $18,033; the administration of the wetland conservation act in the amount of $10,000; administration of the DNR shoreland program in the amount of $3,445; MPCA ISTS program in the amount of $1,500; and MPCA feedlot permit program in the amount of $57,116; total grant amount of $90,094 under the terms of the Grant Agreement and all statutory requirements; and THAT THE Martin County Board of Commissioners authorizes the expenditure of cash and in-kind contributions to match the Natural Resources Block Grant as specified in Laws of Minnesota and the Grant Agreement. BE IT FURTHER RESOLVED THAT, the Chairperson of the Martin County Board of Commissioners and the County Auditor or County Coordinator is authorized to execute the Grant Agreement together with all related documents. Motion was made by Commissioner Pierce, seconded by Commissioner Potter and was duly passed and adopted this 7 th day of February, ATTEST: Scott Higgins, County Coordinator BOARD OF COMMISSIONERS MARTIN COUNTY, MN Dan Schmidtke, Vice Chair 9

10 Roll Call AYES: Commissioners Donnelly, Schmidtke, Potter and Pierce. NAYS: None. Duly passed and adopted this 7 th day of February, Voyles next presented a resolution of support for an application by the University of Minnesota to continue the Elm Creek water monitoring and states that Martin County will be committed to provide $5,000 of in-kind resources to the project for technical assistance and community liaison efforts. Motion by Commissioner Potter, seconded by Commissioner Donnelly, R-#19/ 06 RESOLUTION OF SUPPORT BY MARTIN COUNTY WHEREAS, Martin County has been a leader in water quality improvement activities; and WHEREAS, Martin County has worked with multiple partners including the University of Minnesota; and WHEREAS, Martin County has been working collaboratively with the University of Minnesota on this project involving the monitoring of the water quality on Elm Creek; and WHEREAS, this effort meets the goals and objectives of the Martin County Comprehensive Local Water Plan. NOW THEREFORE BE IT RESOLVED, that the Martin County Board of Commissioners supports the Section 319 Application titled Assessing Potential of Watershed and Stream Channel Modifications on Suspended Sediment, Turbidity and Nutrients in the Blue Earth River Basin being submitted by the University of Minnesota. BE IT FURTHER RESOLVED, that Martin County is committed to provide $5,000 of in-kind resources, each year, to the project for technical assistance and community liaison efforts. WHEREUPON the above resolution was adopted at a regular meeting of the Martin County Board of Commissioners this 7 th day of February, BOARD OF COMMISSIONERS MARTIN COUNTY, MN Dan Schmidtke, Vice Chairman 10

11 ATTEST: Scott Higgins, County Coordinator Roll Call AYES: Commissioners Pierce, Potter, Schmidtke and Donnelly. NAYS: None. Duly passed and adopted this 7 th day of February, The Board recessed at 10:27 a.m. The Board reconvened at 10:35 a.m. Deb Mosloski, Drainage Specialist, was present to request hearing dates be set for: (1) partial abandonment of JD #26 Branch C, pursuant to MN Statutes 103E.805; (2) partial abandonment of a portion of JD #26 within the municipal boundaries of the City of Fairmont, pursuant to MN Statutes 103E.182; and (3) proposal for CD #2 for use as a drainage system outlet. Motion by Commissiner Pierce, seconded by Commissioner Donnelly, Be It Resolved that the Martin County Board of Commissioners acting as the Martin County Drainage Authority, hereby approve setting a public hearing date for Tuesday, March 7, 2006 for the partial abandonment of JD #26 Branch C at 10:00 a.m.; and, for the partial abandonment of a portion of JD #26 within the municipal boundaries of the City of Fairmont at 10:05 a.m., to be held in the Martin County Courthouse, First Floor Commissioners Meeting Room. Carried unanimously. Motion by Commissioner Potter, seconded by Commissioner Pierce, Be It Resolved that the Martin County Board of Commissioners acting as the Martin County Drainage Authority, hereby approve setting a public hearing date for Tuesday, March 7, 2006 at 5:30 p.m., for authorization to use CD #2 as a drainage system outlet, to be held in the Martin County Courthouse, First Floor Commissioners Meeting Room. Carried unanimously. Sergeant Matt Klages presented Sheriff Brad Gerhardt s Office Update. James Hallstrom, County Assessor, presented specified dates that the County Board of Appeal and Equalization may convene; noting that the earliest date is Monday, June 12, Motion by Commissioner Pierce, seconded by Commissioner Potter, Be It Resolved that the Martin County Board of Commissioners, hereby approve and set meeting date of Monday, June 12, 2006 at 9:00 a.m. for County Board of Appeal and Equalization to be held in the Martin County Courthouse, 201 Lake Avenue, Fairmont, MN, First Floor Commissioners Meeting Room. Carried unanimously. Hallstrom continued with request to approve the job description and authorize recruitment for the new position of the Deputy Assessor/Senior Appraiser, noting the position will be primarily responsible for general supervision of the County Assessors Office in the absence of the County Assessor. Hallstrom stressed the Assessors Office is 11

12 not adding a position. The position was included in the County s classification/compensation Structure in the year 2000 in anticipation of establishing this position in the future. Scott Higgins, County Coordinator, stated this will be a supervisory position and will be a non-union position. The County Compensation Committee (CAC) has reviewed and discussed this request with Mr. Hallstrom and is recommending approval. Motion by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved that the Martin County Board of Commissioners, after careful review and consideration, hereby approves the Deputy Assessor/Senior Appraiser job description as presented and authorize recruitment to fill position for the Martin County Assessor s Office. Carried unanimously. Hallstrom briefly discussed JOBZ regarding the proposed VeraSun ethanol production plant. With nothing further to report, Schmidtke thanked Hallstrom. Higgins presented the farm lease agreement between the County of Martin and Tim Maschoff, of Rutland Township, for property in Martin County described as: A tract of land in Government Lot 7 of Section 6, Township 103 North, Range 30 West, containing 10.8 acres of which Maschoff agrees to plow and put in crops not less than 10.8 acres each year during the continuance of this lease. Current lease agreement expires February 28 th, The proposed new full lease term is one (1) year from and after the 1 st day of March, 2006 and ending the 28 th day of February, Included in the lease agreement, the leasee, Maschoff, agrees to pay as rent for the above premises, for and during the full term of the lease, the sum of $100/acre or $1,080 payable on or before March 1, Motion by Commissioner Pierce, seconded by Commissioner Potter, Be It Resolved that the Martin County Board of Commissioners, hereby approve and authorize Board Vice Chair to sign Farm Lease Agreement between Martin County and Tim Maschoff, with the new full lease term of one (1) year from and after the 1 st day of March, 2006 and ending the 28 th day of February, Carried unanimously. Higgins let it be known for the record that he had received a phone call from an individual that is interested in purchasing the aforementioned 10.8 acres of land. Higgins stated that Minnesota Statutes 6.79 allows local governments to submit to the State Auditor proposed reforms to state mandates. The proposed Mandates will be listed on the State Auditor s website, along with name of the local government submitting the proposal. Higgins continued that the Association of Minnesota Counties (AMC) has submitted various mandates that AMC supports for waiver or reform. Higgins stated that the proposed resolution encompasses all of the mandates as listed in the attachments. 12

13 Motion by Commissioner Pierce, seconded by Commissioner Donnelly, (to include Truth in Taxation on list of mandates) R-#16/ 06 Martin County Board of Commissioners A Resolution Proposing State Mandate Reform WHEREAS, Minnesota Statutes 6.79 allows local governments to submit to the State Auditor proposed reforms to state mandates, and WHEREAS, mandate proposals will be listed on the State Auditor s website, along with name of the local government submitting the proposal, and WHEREAS, the Martin County Board of Commissioners supports the concept of mandate reform and urges the Minnesota Legislature to give serious consideration to all proposals made by Counties, Townships and Cities. NOW, THERFORE BE IT RESOLVED, the Martin County Board of Commissioners hereby adopts the following mandate proposals and directs the County Coordinator to submit the listing the State Auditor: (Attach list of mandates) ATTEST: Scott Higgins, County Coordinator BOARD OF COMMISSIONERS MARTIN COUNTY Dan Schmidtke, Vice Chair Roll Call AYES: Commissioners Potter, Schmidtke, Donnelly and Pierce. NAYS: None. Duly passed and adopted this 7 th day of February, Higgins presented and reviewed and extensive amount of information regarding the ridership and revenue/expenditures for the Martin County Express Expanded Service implemented last March and also noted and thanked Julie Walters for her hard work in putting the information together. This expansion of service hours is still being conducted on a trial basis. As of the end of December, 2005 the total cost of the expanded service is $15, ($20/hour). The fares collected were only $5,311; thus, the service is operating at a deficit. Initially the expanded weekend service from March June 2005 operated until 2:00 a.m. (Friday s and Saturday s). In June the Board took action to reduce service hours to 1:00 a.m. The current hours of expanded operation are Friday, 13

14 6:00 p.m. 1:00 a.m. and Saturday, 2:00 p.m. 1:00 a.m. Higgins continued and reviewed the line graph comparisons of the weekend expanded service hours (Friday and Saturday evenings) along with passenger counts and pick up times, noting Friday evenings the highest passenger count peaks between the 10:00 p.m.-11:00 p.m. hour and then drops off dramatically. Saturday s chart differs in that you continue service in the afternoon from 2:00 p.m. until 1:00 a.m. with the highest passenger count peak at the 5:00 p.m. hour with a dramatic drop off of passengers after 10:00 p.m. and a notable spike during the midnight hour. Higgins stated that after review of the expanded service hours information, options to consider are continue to operate system as is, modify the service hours, or discontinue the service. After discussion, Motion by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved that the Martin County Board of Commissioners, hereby approve decreasing the Martin County Express Extended Weekend Hours from 1:00am to 12:00 am on Friday s and Saturday s; and, to authorize fare increase from $2.25 per ride to $5.00 per ride from 10:00 p.m. until 12:00 midnight, effective February 17, 2006; and to review the expanded service again in April, which will complete one full year of the expanded service. Carried unanimously. Higgins noted in a letter received from Three Rivers RC&D to allow members to appoint alternates to the RC&D Council. Higgins stated that Commissioner Boler is Martin County s Three Rivers RC&D Council Director and wanted the Board to be aware of the option to appoint an alternate. After further discussion, Motion by Commissioner Pierce, seconded by Commissioner Donnelly, Be It Resolved that the Martin County Board of Commissioners, hereby appoint Commissioner Jack Potter as Three Rivers RC&D Council Alternate. Carried unanimously. Higgins reviewed letter received from Mower County in regard to their termination notice from the Rural Minnesota Energy Board. Other information reviewed was letter received from the Southern Minnesota Initiative Foundation; and the cost estimates from TSP Engineers and Architects for the Steam Heat Conversion Project (Courthouse, LEC, and Library); and 2005 Revenues and Expenditures Budget Report. Higgins stated that the majority of the funds are within budget and thanked the efforts of the Dept Directors in staying within their budgets. The Board gave their reports and reviewed their calendars of previous and upcoming meetings and activities. Motion by Commissioner Pierce, seconded by Commissioner Potter, Be It Resolved that the Martin County Board of Commissioners move into a closed session per MN Statutes 13D.03 at 11:30 a.m. to discuss Union negotiation strategies. Carried unanimously. Meeting in closed session at 11:30 a.m. 14

15 Those present were Commissioners Pierce, Donnelly, Schmidtke, Potter, and Scott Higgins, County Coordinator. Motion by Commissioner Pierce, seconded by Commissioner Donnelly, to go back into open session. Carried unanimously. Meeting returned to open session at 11:42 a.m. No action taken pertaining to the closed session. With no further business to wit, Motion by Commissioner Pierce, seconded by Commissioner Donnelly, to adjourn the meeting. Carried unanimously. Meeting adjourned at 11:43 a.m. ATTEST: Scott Higgins, County Coordinator BOARD OF COMMISSIONERS MARTIN COUNTY, MN Dan Schmidtke, Vice Chair 15