October 11, 2017
OFFICIAL PROCEEDINGS
PENNINGTON COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 8TH, 2017,
10:00 A.M.
Pursuant to adjournment, the Pennington County Board of Commissioners met in the Pennington County Board Room in Thief River Falls, MN, on Tuesday, August 8th, 2017 at 10:00 A.M.  Members present: Donald Jensen, Neil Peterson, Cody Hempel, and Bruce Lawrence.  Members absent: Darryl Tveitbakk.
The meeting was called to order by Chairman Hempel and the Pledge of Allegiance was recited.
Tammy Frohlich, Director of the Retired and Senior Volunteer Program, gave a report on the program.  Pennington County has 45 volunteers that have contributed 2,928 hours at a value of $ 68,983.  Tammy described the programs that are run through RSVP such as Wellness Way, Groceries to Go, Handyman and Stay Active and Independent for Life (SAIL).  RSVP is requesting a $ 1,000 appropriation in 2018 which is the same amount that has been requested in previous years.
County Engineer, Mike Flaagan, made a request to change the bid opening date for the replacement of a bridge along CSAH #17 from August 22nd at 10:00 A.M. to August 30th, 2017 at 10:00 A.M. to allow for proper notice for the bids.  Motioned by Commissioner Peterson, seconded by Commissioner Jensen to change the date that the bids will be accepted for the CSAH #17 bridge replacement project to August 30th, 2017 at 10:00 A.M.  Motion carried.
The County Highway Committee reported that they are working on an Equipment Use Policy that will be presented for consideration at a future meeting.
Motioned by Commissioner Jensen, seconded by Commissioner Peterson that the following interim policy be approved.  Motion carried.
INTERIM POLICY
PERSONAL USE OF PENNINGTON COUNTY HIGHWAY DEPARTMENT EQUIPMENT/SHOPS
No personal use of Pennington County Highway Department equipment and/or shops will be allowed without approval of the County Highway Committee.  All requests will go through the County Engineer and will be forwarded to the County Highway Committee for consideration.
Mike Flaagan then gave a construction update.  Shouldering should start next week while the start date of the CSAH #17 bridge replacement could be in September.
The following resolution was introduced by Commissioner Jensen, seconded by Commissioner Lawrence and upon vote was unanimously carried.
COUNTY VETERANS SERVICE OFFICE OPERATIONAL ENHANCEMENT GRANT PROGRAM
BE IT RESOLVED by Pennington County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program:  County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s Veterans; to assist in the reintegration of combat Veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the County Veterans Service Office, as specified in Minnesota Laws 2017, Chapter 4, Article1, Section 38, Subdivision 2. This Grant should not be used to supplant or replace other funding.
BE IT FURTHER RESOLVED by the Pennington County Board that Stephen Stone – County VSO, and Cody Hempel – Chairman, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.
WHEREUPON the above resolution was adopted at a regular meeting of the Pennington County Board this 8th day of August, 2017.
Human Service Director, Ken Yutrzenka and Fiscal Officer, Scott Sommers met with the County Board to review their 2018 budget request.  The deficient listed in the submitted budget would fund two new staff positions and reclassification of another.  The Board took the budget under advisement.
Lee Meier Executive Director of the Northwest Minnesota Multi-County Housing & Redevelopment Authority, Kermit Genereux, HRA Board Chair and Heather Harbott, Financial Manager, met with the County Board to give an update of activities the HRA is involved with in the County.  The HRA has levied a portion of the taxable market value since 2008 with a goal to use the levy funds to add leverage when applying to various funding sources that may benefit the County and cover development costs associated with the HRA operations.  They also gave a brief overview of the HRA programs operated in the region.  The HRA will be pursuing a five-year extension of the current HRA Levy Legislation which sunsets with the levy in 2018 payable in 2019.  Motioned by Commissioner Jensen, seconded by Commissioner Lawrence to submit a letter of support for a five-year extension of the HRA levy authority.  Motion carried.
Peter Nelson, SWCD, presented a Fiscal Year 2017 State of Minnesota Board of Water and Soil Resources MPCA SSTS Upgrade Program Grant Agreement.  The grant agreement would provide $ 8,681 for upgrading failing septic systems.  Motioned by Commissioner Jensen, seconded by Commissioner Peterson to approve MPCA SSTS Upgrade Program Grant Agreement as presented.  Motion unanimously carried.
The County Board then discussed the 4-H Extension position in Pennington County.  Van Swanson has stated he has plans to retire at the end of the year.  The County Extension Committee recommends we request an 80% FTE 4-H Coordinator be hired by the University of Minnesota for Pennington County.  Another option is to continue sharing with Marshall County.  After considerable discussion, Commissioner Jensen motioned, seconded by Commissioner Peterson to support a 75% FTE 4-H Coordinator hired by the University of Minnesota for Pennington County.  Motion carried.
Motioned by Commissioner Peterson, seconded by Commissioner Lawrence to approve the Board minutes of July 25th, 2017 as written.  Motion carried.
Motioned by Commissioner Jensen, seconded by Commissioner Peterson, to approve the Human Services warrants totaling $ 88,264.81 and also the following Commissioner warrants.  Motion carried.
WARRANTS
County Revenue    $ 917,726.42
Road & Bridge    $    31,718.61
Solid Waste Facility    $      1,631.25
Taxes & Penalty    $    10,393.00
Per diems and meal reimbursements in the amount of $ 1,112.90 were also approved.
Dean Philipp met with the County Board to express his concerns on personal use of County Highway equipment.  He felt that due to liability, no private use should be permitted.  He then discussed the Buffer Strip Law asking about alternative practices that are available.  He stated he was not having buffer strips on his property.  He then asked how a rental home that was destroyed by a fire and then rebuilt with used materials could be valued higher than it was before the fire.  He also stated if we are so short on housing, why did it take six months to rent this house.  Dean Philipp then discussed a drainage issue in Section 10 and 11 of Smiley Township.  He asked that a meeting be held with the Red Lake Watershed District and Pennington County to discuss this issue.
Pete Filippi, Contegrity Group, Justice Center Project Manager gave a report on progress on the project.  No significant changes to the budget were made.  The masonry crew is working on metal studs.  C.L. Linfoot is working on venting. Roof joists are being put up over the jail area.  Pete Filippi will be putting together a new schedule this week.  He will also work on submitting a sales tax refund from the state.
BKV will be sending a proposal to go through the process to see what furniture, fixtures and equipment are needed and to bid for these items.  BKV will also see what can be reused in the facility.
Motioned by Commissioner Peterson, seconded by Commissioner Jensen to adjourn to 5:00 P.M. Tuesday, August 22nd, 2017.  Motion carried.
ATTEST:
Kenneth Olson, Auditor-Treasurer
Pennington County            Cody Hempel, Chairman        Board of Commissioners
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PENNINGTON COUNTY’S
WARRANTS FOR PUBLICATION
Warrants approved on August 8, 2017 for payment on August 11, 2017.
Vendor    Amount
A. J. SPANJERS
COMPANY, INC.    $ 9,500.00
BKV GROUP INC    $ 10,515.33
C.L. LINFOOT
COMPANY    $ 220,780.00
CONTEGRITY GROUP
INCORPORATED    $ 29,937.43
DAVIDSON
CONSTRUCTION    $ 99,275.00
FARMERS UNION OIL    $ 2,083.66
HEATER RENTAL
SERVICES    $ 3,282.80
JOHNSON-NELSON
MASONRY    $ 213,322.50
KNIFE RIVER MATERIALS    $ 2,600.00
LES’S SANITATION
SERVICE    $ 2,039.40
MARSHALL COUNTY
AUDITOR’S OFFICE    $ 23,226.50
MASTERS PLUMBING,
HEATING & COOLING    $ 112,271.00
NORTHERN SALT
INCORPORATED    $ 27,833.40
NORTHERN
TECHNOLOGIES INC.    $ 4,132.50
PAULY JAIL BUILDING CO.,
INC.    $ 63,459.24
PENNINGTON COUNTY
SOIL & WATER    $ 59,569.00
REGENTS OF THE
UNIVERSITY OF MN    $ 11,313.51
RT VISION, INC.    $ 4,259.05
SATHER LAW LTD    $ 2,106.04
SUMMIT FOOD SERVICE
MANAGEMENT    $ 3,096.41
SUNDBY CLEANING, LLC    $ 3,100.00
TRI-COUNTY COMMUNITY
CORRECTIONS    $ 5,704.49
UNIVERSITY OF NORTH
DAKOTA    $ 4,094.00
WIEBOLT ELECTRIC, INC.    $ 24,458.65
61 Payments less than
$ 2,000    $ 19,509.37
Final Total:    $ 961,469.28
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OFFICIAL PROCEEDINGS
PENNINGTON COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 22ND, 2017,
5:00 P.M.
Pursuant to adjournment, the Pennington County Board of Commissioners met in the Pennington County Board Room in Thief River Falls, MN, on Tuesday, August 22nd, 2017 at 5:00 P.M.  Members present: Donald Jensen, Cody Hempel, Bruce Lawrence and Neil Peterson.  Members absent: Darryl Tveitbakk.
The meeting was called to order by Chairman Hempel and the Pledge of Allegiance was recited.
County Auditor-Treasurer, Ken Olson, presented the consent agenda recommendations from the August 15th, 2017 Human Service Committee meeting.  Motioned by Commissioner Jensen, seconded by Commissioner Peterson, the following recommendations of the Pennington County Human Service Committee for August 15th, 2017 are hereby adopted.  Motion carried.
SECTION A
I. To approve the July 18th, 2017 Human Service Committee meeting minutes, as posted.
II. To approve the agency’s personnel actions.
SECTION B
I. To approve payment of the agency’s bills.
Representatives from the Pennington County Soil and Water Conservation District:  Bryan Malone, Barb Molskness, Peter Nelson and Grant Nelson met with the County Board to go over the 2018 budget request.  The SWCD budget is requesting a $ 104,000 appropriation from Pennington County.  The County Board took the budget request under advisement.
County Engineer Mike Flaagan and Highway Accountant Lori Marquis discussed the 2018 Highway Department budget.  No levy increase was requested.  County Engineer Mike Flaagan made a request that a meeting on Joint Ditch #31 be set up.  The County Board set the date of September 18th, 2017 at 8:00 A.M. as the date and time for a Joint Ditch #31 meeting at the Pennington County Courthouse Board Room.
A Highway Committee meeting will be held at 8:00 A.M. on August 30th, 2017.
The following resolution was introduced by Commissioner Peterson, seconded by Commissioner Jensen and upon vote was unanimously carried.
RESOLUTION
WHEREAS, Pennington County is proposing a new bridge crossing over the Red Lake River along the corridor connecting County State Aid Highway (CSAH) 16 with CSAH 8 on Mark Boulevard.  This project was placed on the County’s Five Year Plan in 2016 and has received heightened priority by the current expansion of Digi-Key Electronics; and
WHEREAS, the new crossing will increase efficiency to the Trunk Highway 59 Alternate Truck Bypass, increase mobility to over 5,000 employees in the Southwest portion of Thief River Falls, increase accessibility to the Challenger Elementary School and provide a more efficient access to industries within Thief River Falls to and from the Thief River Falls Airport.  This connection also provides a more direct route for patients and ambulance traffic to the recently constructed Sanford Health Systems 25-bed critical access hospital and clinic medical facility/ and
WHEREAS, the Minnesota Department of Transportation is soliciting applications for funding through the Minnesota Highway Freight Program.
THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Pennington County approve of this application and commitment of the match funding identified in the application.
The following resolution was introduced by Commissioner Jensen, seconded by Commissioner Peterson and upon vote was unanimously carried.
RESOLUTION
BE IT RESOLVED, that Pennington County act as the legal sponsor for project(s) contained in the Transportation Economic Development Infrastructure (TEDI) Program Application to be submitted on September 15, 2017 and that Pennington County Engineer and Pennington County Auditor are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of Pennington County.
BE IT FURTHER RESOLVED, that Pennington County has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure matching funds, adequate construction, operation, maintenance and replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED, that Pennington County has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED, that upon approval of its application by the state, Pennington County, may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that it will comply with all applicable laws and regulations as stated in all contract agreements.
BE IT FURTHER RESOLVED, that Pennington County has committed $ 4,500,000 towards the local match requirement.
BE IT FURTHER RESOLVED, that Pennington County confirms that all funding necessary for the project is secured and Pennington County will provide funds to complete the project.
BE IT FURTHER RESOLVED, that Pennington County will repay the grant if milestones are not realized by the completion date identified in the Application.
Pennington County certifies that it will comply with all applicable laws, regulations, and rules of the Application.
BE IT FURTHER RESOLVED, that the sources and uses, private investors, equity, and other financing commitments represented in the attached document are accurate.
NOW, THEREFORE BE IT RESOLVED, that the Pennington County Engineer and the Pennington County Auditor, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant.
The following resolution was introduced by Commissioner Peterson, seconded by Commissioner Lawrence and upon vote was unanimously carried.
RESOLUTION
WHEREAS, the Pennington County Highway Department purposes to reconstruct County State Aid Highway No. 15 from the junction of CSAH 3 to Trunk Highway #1 for approximately 7 miles near Thief River Falls, Minnesota, which project, is numbered SAP 57-615-001 (hereinafter “Project”); and,
WHEREAS, the Project work consists of grading, base, bituminous surfacing, and drainage on said County State Aid Highway No. 15 to provide for the safety of traveling public; and,
WHEREAS, in addition to the existing easements, certain land and interest therein are required to construct the Project; and,
WHEREAS, the land and interests therein which are needed to construct the Project are described in Exhibit “A”, which is attached hereto; and,
WHEREAS, the Pennington County Board of Commissioners desires to begin construction of the Project in the summer of 2018; and,
WHEREAS, to begin construction of the Project in the Summer 2018, the County will require an easement for additional Right of Way prior to the filing of an award by the court appointed commissioners pursuant to the provisions of Minn. Stat. § 117.042:
NOW, THEREFORE, BE IT RESOLVED, that the Pennington County Board of Commissioners hereby authorizes the County Highway Engineer to proceed to acquire new Right of Way Easements in accordance with Minnesota Statues.
BE IT FURTHER RESOLVED, that the Pennington County Board of Commissioners hereby authorizes the acquisition of the new Right of Way Easements that cannot be successfully acquired through negotiation by eminent domain and to take title and possession thereto prior to the filing of an award by the court-appointed commissioners, pursuant to Minn. Stat. § 117.012 and 117.042.
BE IT FURTHER RESOLVED, that the Pennington County Board of Commissioners hereby requests that the Pennington County Attorney file the necessary petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the County or the court.

See Box A

The following resolution was introduced by Commissioner Peterson, seconded by Commissioner Lawrence and upon vote was unanimously carried.
RESOLUTION
WHEREAS, the Pennington County Highway Department purposes to reconstruct County State Aid Highway No. 8 from the junction of TH #32 to CSAH 17 for approximately 1 mile near Thief River Falls, Minnesota, which project, is numbered SAP 57-608-008 (hereinafter “Project”); and,
WHEREAS, the Project work consists of grading, base, bituminous surfacing, and drainage on said County State Aid Highway No. 8 to provide for the safety of traveling public; and,
WHEREAS, in addition to the existing easements, certain land and interest therein are required to construct the Project; and,
WHEREAS, the land and interests therein which are needed to construct the Project are described in Exhibit “A”, which is attached hereto; and,
WHEREAS, the Pennington County Board of Commissioners desires to begin construction of the Project in the summer of 2019; and,
WHEREAS, to begin construction of the Project in the Summer 2019, the County will require an easement for additional Right of Way prior to the filing of an award by the court appointed commissioners pursuant to the provisions of Minn. Stat. § 117.042:
NOW, THEREFORE, BE IT RESOLVED, that the Pennington County Board of Commissioners hereby authorizes the County Highway Engineer to proceed to acquire new Right of Way Easements in accordance with Minnesota Statutes.
BE IT FURTHER RESOLVED, that the Pennington County Board of Commissioners hereby authorizes the acquisition of the new Right of Way Easements that cannot be successfully acquired through negotiation by eminent domain and to take title and possession thereto prior to the filing of an award by the court-appointed commissioners, pursuant to Minn. Stat. § 117.012 and 117.042.
BE IT FURTHER RESOLVED, that the Pennington County Board of Commissioners hereby requests that the Pennington County Attorney file the necessary petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the County or the court.

See Box B

County Sheriff Ray Kuznia, Jail Administrator Susan Halverson, Office Manager Misty Manderud and Dispatch Supervisor Grant Nelson met with the County Board to review the 2018 budget.
The Sheriff then reviewed a proposal from Zuecher Technologies for installation of a 911 GIS Mapping System known as the Insight Mapping Solution.  Total price for the software, installation and training is $ 17,675 which would be paid with the 911 grant funds.  Yearly maintenance starts the second year and is currently $ 975 annually for the software and $ 4,500 annually for the GIS.
Motioned by Commissioner Lawrence, seconded by Commissioner Jensen to approve the Zuecher Technologies agreement for the Insight Mapping Solution.  Motion carried.
Motioned by Commissioner Lawrence, seconded by Commissioner Jensen to approve Amendment Number Six to the Food Service Management Agreement between Pennington County and A‘Viands, LLC.  Motion carried.
The County Board then reviewed a letter supporting Sjoberg’s Cable TV’s application for a Border-to-Border Broadband Development Grant to expand broadband service to our community.  Motioned by Commissioner Lawrence, seconded by Commissioner Jensen to send a letter of support of Sjoberg’s Cable TV’s application for Border-to-Border Broadband Development Grant.  Motion unanimously carried.
The County Board then reviewed a letter that Marshall County had submitted to oppose the Draft Nitrogen Fertilizer Rule.  Motioned by Commissioner Jensen, seconded by Commissioner Peterson to write a resolution/letter in opposition to the Draft Nitrogen Fertilizer Rule with input from the Pennington County SWCD.  Motion carried.  Letter to be sent to the Minnesota Department of Agriculture by August 25th, 2017.
Motioned by Commissioner Jensen, seconded by Commissioner Lawrence to continue overtime in the Motor Vehicle Department until September 12th, 2017.  Motion carried.
It was noted that the Solid Waste Committee is holding a meeting at 9:00 A.M. on August 31st, 2017 in the Pennington County Courthouse.
The County Board reviewed an email from Van Swanson announcing his retirement effective December 31st, 2017.
Motioned by Commissioner Jensen, seconded by Commissioner Peterson to approve the Sand Creek Phase II Climate Assessment Process.  Motion carried.
The County Board then reviewed the BKV Group proposal to provide furniture, fixture and equipment design services for the Pennington County Justice Center.  Motioned by Commissioner Jensen, seconded by Commissioner Peterson to approve FF&E Design Services from BKV Group.  Motion carried.
Motioned by Commissioner Peterson, seconded by Commissioner Jensen to approve the minutes of the August 8th, 2017 meeting as written.  Motion carried.
Motioned by Commissioner Jensen, seconded by Commissioner Lawrence to approve payment of the Human Services warrants totaling $ 112,846.94, the July, 2017 Auditor and Manual warrants totaling $ 1,667,761.02, and also the following Commissioner warrants.  Motion carried.
WARRANTS
County Revenue    $   69,828.78
Road & Bridge    $ 137,005.49
Per diems and meal reimbursements in the amount of $ 427.53 were also approved.
Motioned by Commissioner Jensen, seconded by Commissioner Lawrence, to adjourn to 10:00 A.M. Tuesday, September 12th, 2017.  Motion carried.
ATTEST:
Kenneth Olson, Auditor-Treasurer
Pennington County
Cody Hempel, Chairman
Board of Commissioners
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PENNINGTON COUNTY’S
WARRANTS FOR PUBLICATION
Warrants approved on August 22, 2017 for payment on August 25, 2017.
Vendor    Amount
BERT’S TRUCK
EQUIPMENT INC    $ 96,954.00
FARMERS UNION OIL    $ 15,607.58
HEFTY SEED COMPANY    $ 7,967.91
INSIGHT TECHNOLOGIES    $ 5,298.00
LARSON/STEVE    $ 2,040.00
LEE PLUMBING &
HEATING    $ 3,567.38
MEND CORRECTIONAL
CARE, PLLC    $ 5,992.33
MINNESOTA STATE
TREASURER    $ 4,539.00
PENNINGTON COUNTY
SOIL & WATER    $ 15,000.00
SUMMIT FOOD SERVICE
MANAGEMENT LLC    $ 9,345.82
THRIFTY WHITE
PHARMACY    $ 3,003.54
TRI-COUNTY COMMUNITY
CORRECTIONS    $ 9,972.46
TRUE NORTH STEEL    $ 12,553.74
40 Payments less than
$ 2,000    $ 14,992.51
Final Total:    $ 206,834.27

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