(1) The Board of Commissioners, in and for the ... - Scott County

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BOARD OF COMMISSIONERS
COUNTY OF SCOTT
NOVEMBER 29, 2011
(1) The Board of Commissioners, in and for the County of Scott, Minnesota, met in the
Courthouse Board Room in the City of Shakopee, Minnesota, and convened at 9:00 a.m., with
the following members present: Commissioner Wolf, presiding, Commissioner Wagner,
Commissioner Menden, Commissioner Marschall, and Commissioner Ulrich.
(2) County Staff Present:
A. Gary Shelton, County Administrator
B. Pat Ciliberto, County Attorney
C. Chris Weldon, Emergency Management Director
D. Jeanne Kubes, Administrative Assistant
E. Colleen Herzog, Case Aide
F. Peg Case, Social Work Case Manager
G. Tracy Cervenka, Deputy Clerk to the Board
H. Lisa Kohner, Public Affairs Coordinator
I. Jack Kemme, Employee Relations Director
J. Tim Walsh, Health and Human Services Director
K. Rhett Rettinger, Social Work Case Manager
L. Bev Wagner, Tax Specialist
M. Paula Stephens, Child Support Officer
N. Marion Schmidt, Office Assistant
O. Jane Wiley, Community Coordinator
P. Jennifer Deschaine, Health and Public Services Director
Q. Mark Themig, Parks Program Manager
R. Lezlie Vermillion, Deputy County Administrator
S. Jennifer Schultz, Procurement Manager
T. Jen Schwarz, Budget and Planning Analyst
U. Riki Anderson, Accountant
V. Patti Stockton, Accounting Technician
W. Jenn Beuch-Bohlsen, Accounting Technician
X. Terri Quernemoen, Accounting Technician
Y. Matt Giesen, Accounting Technician
Z. Dave Lovik, Collections Officer
AA. John Glisczinski, Accounting Supervisor
AB. Jean Pumper, Project Coordinator
AC. Pam Selvig, Social Services Director
AD. Lisa Burkhartzmeyer, Child Support/Fraud Supervisor
AE. Jean Keogh, Child Support Officer
AF. Barb Hobday, Administrative Specialist
AG. Debra Brazil, Deputy Clerk to the Board
(3) Guests Present:
A. Angie Zajac, Shamrock Development
B. Kent Anglin, Emergency Management Volunteer
C. Bill Rudnicki, Shakopee Mdewakanton Sioux Community Tribal Administrator

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November 29, 2011
(4) Minutes:
On a motion by Commissioner Marschall, seconded by Commissioner Ulrich, the Minutes
of November 8, 2011 were approved unanimously as amended.
(5) Recognition of Interested Citizens:
Emergency Management Director Chris Weldon introduced Kent Anglin who has been
volunteering in the Emergency Management Office.
(6) Consent Agenda:
A. Commissioner Ulrich moved, seconded by Commissioner Marschall to approve an
Amendment to the Twin Cities Public Health and Environmental Health Mutual Aid Agreement
to extend the present Agreement to December 31, 2012. The motion carried unanimously.
B. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-220; Approving Grant Application to Minnesota Homeland Security
Emergency Management for an Urban Area Security Initiative Grant. A copy of the resolution is
available in the office of the County Administrator and is made a part of this record by
reference. The motion carried unanimously.
C. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-221; Approving Grant Application and Acceptance of Grant From
Minnesota Homeland Security Emergency Management for an Emergency Management
Performance Grant in the amount of $61,130. A copy of the resolution is available in the office
of the County Administrator and is made a part of this record by reference. The motion carried
unanimously.
D. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-222; Approving Application and Award Scott Watershed Management
Organization Cost Share Funds to John Weis for a Prescribed Burn in the Amount of $332. A
copy of the resolution is available in the office of the County Administrator and is made a part of
this record by reference. The motion carried unanimously.
E. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-223; Approving Contract Amendment and Award Scott Watershed
Management Organization Cost Share Funds to Scott Anderson in the Amount of $450. A copy
of the resolution is available in the office of the County Administrator and is made a part of this
record by reference. The motion carried unanimously.
F. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-224; Approving Application and Award Scott Watershed Management
Organization Cost Share Funds to Renee Christianson for Native Grass Plantings in the
Amount of $12,613. A copy of the resolution is available in the office of the County
Administrator and is made a part of this record by reference. The motion carried unanimously.

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November 29, 2011
G. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-229; Authorizing Final Payment for the Porter and Picha Creek Stream
Reconstruction Project in the Townships of Louisville and Cedar Lake to Rachel Contracting in
the Amount of $24,813.45. A copy of the resolution is available in the office of the County
Administrator and is made a part of this record by reference. The motion carried unanimously.
H. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-231; Approving Grant Agreement and Receive Funding for the Acquisition
of the Union Pacific Rail Line – Chaska Spur, and Transfer Funding to the Scott County
Regional Rail Authority for the Acquisition. A copy of the resolution is available in the office of
the County Administrator and is made a part of this record by reference. The motion carried
unanimously.
I. Commissioner Ulrich moved, seconded by Commissioner Marschall to approve
acceptance of a grant from the Minnesota Department of Commerce, Division of Energy
Resource, for conducting self-assessments of energy code enforcement. The motion carried
unanimously.
J. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-225; Authorizing Entering Into Agreement No. 99970 With the Minnesota
Department of Transportation (MnDOT) for MnDOT to act as Scott County’s Agent for any
Federal Aid Funds. A copy of the resolution is available in the office of the County
Administrator and is made a part of this record by reference. The motion carried unanimously.
K. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-227; Authorizing Entering Into a County Turnback Account in Lieu of
Payment Agreement With the Minnesota Department of Transportation. A copy of the
resolution is available in the office of the County Administrator and is made a part of this record
by reference. The motion carried unanimously.
L. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-228; Authorizing Entering Into a Grant Agreement for $310,000 Between
Scott County SmartLink Transit and the Metropolitan Council. A copy of the resolution is
available in the office of the County Administrator and is made a part of this record by
reference. The motion carried unanimously.
M. Commissioner Ulrich moved, seconded by Commissioner Marschall to approve
appraisal reports’ estimate of just compensation by a market value appraisal for new
right-of-way reconstruction of County Highway 69 from 115 th Street to Atwood Street in the City
of Shakopee. A copy of the resolution is available in the office of the County Administrator and
is made a part of this record by reference. The motion carried unanimously.
N. Commissioner Ulrich moved, seconded by Commissioner Marschall to approve the
Premises Permit Application and waive any applicable waiting period for German Days Inc. for
the sale of pull-tabs, tipboards and paddlewheel at Eagle Ridge Restaurant at Valley View Golf
Course in Belle Plaine Township. The motion carried unanimously.

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November 29, 2011
O. Commissioner Ulrich moved, seconded by Commissioner Marschall to approve the
Application for a Charitable Gambling Permit for Our Lady of the Prairie for an event to be held
at Eagle Ridge Restaurant at Valley View Golf Course in Belle Plaine Township on February 18,
2012. The motion carried unanimously.
P. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-234; Honoring Thomas Lein Upon Receiving the Eagle Scout Award. A
copy of the resolution is available in the office of the County Administrator and is made a part of
this record by reference. The motion carried unanimously.
Q. Commissioner Ulrich moved, seconded by Commissioner Marschall to approve the
appointment of Patricia Mohn of Commissioner District 2, representing the Sand Creek
Watershed, to the Scott Watershed Management Organization Planning Commission for a term
effective November 29, 2011 through December 31, 2014. The motion carried unanimously.
R. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-219; Approving the Respectful Workplace Policy, Replacing the
Harassment in the Workplace Policy, and Rescinding Resolution No. 2006-014. A copy of the
resolution is available in the office of the County Administrator and is made a part of this record
by reference. The motion carried unanimously.
S. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-232; Amending the Food and Beverage or Meal Reimbursement Policy
and Rescinding Resolution No. 2011-194. A copy of the resolution is available in the office of
the County Administrator and is made a part of this record by reference. The motion carried
unanimously.
T. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-233; Terminating the Elected Officials Out-of-State Travel Policy and
Rescinding Resolution No. 2009-001. A copy of the resolution is available in the office of the
County Administrator and is made a part of this record by reference. The motion carried
unanimously.
U. On the recommendation of the County Administrator, Commissioner Ulrich moved,
seconded by Commissioner Marschall, to approve the payroll processing of personnel actions
indicated below and certified by the Employee Relations Director and the Appointing Authority
to be in compliance with provisions of Minnesota Statutes 375.56 - 375.71 and the Scott County
Merit Personnel System:
1, Separation of employment for Jeanne Kubes, FT Administrative Assistant, Health and
Human Services Division, effective 11/30/11.
2. Separation of employment for Tanya Neisen, Intermittent (15% FTE) Unclassified DT&H
Substitute, Health and Human Services Division, effective 08/10/11.
3. Separation of employment for Eric Holmboe, FT Temporary Unclassified Program Delivery
Seasonal, Community Services Division, effective 12/02/11.
4. FT Probationary employment for Beth Mahoney, Social Work Supervisor, Health and
Human Services Division, effective 11/28/11.
5. FT Probationary employment for Jeannine Briol, Professional Engineer, Community
Services Division, effective 11/14/11.
6. FT Probationary employment for Jon Schelkoph, Professional Engineer, Community
Services Division, effective 12/12/11.

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November 29, 2011
7. FT Temporary employment for Stephen Kane, Unclassified Facility Probation Officer,
Health and Human Services Division, effective 11/23/11.
8. Intermittent (10% FTE) employment for Ilya Tereshko, Unclassified Corrections Officer,
Sheriff’s Office, effective 11/04/11.
9. Intermittent (10% FTE) employment for Jonathan Stalboerger, Unclassified Corrections
Officer, Sheriff’s Office, effective 11/14/11.
10. Intermittent (10% FTE) employment for Adam Boser, Unclassified Corrections Officer,
Sheriff’s Office, effective 12/05/11.
11. Intermittent (10% FTE) employment for James Kline, Unclassified Driving Simulator
Operator, Community Services Division, effective 10/01/11.
12. The recognition of the following individuals as volunteers which will enable them to be
covered for liability insurance purposes in accordance with the insurance contracts
currently in force with Scott County:
Additions
Kathleen Burkland
David Phillips
Deletions
Motion carried unanimously.
V, On the recommendation of the Louisville Town Board and the Planning Advisory
Commission, Commissioner Ulrich moved, seconded by Commissioner Marschall to approve
the request of Joseph A. Jones for an Interim Use Permit (#163-I-7) to use a mobile home as a
residence for a family member assisting in the care of an infirmed parent in Section 22 of
Louisville Township. This action is in accordance with Chapters 2 and 30 of the Scott County
Ordinance No. 3 and is based on the six criteria listed on the Interim Use Permit. The motion
carried unanimously.
W. Commissioner Ulrich moved, seconded by Commissioner Marschall to approve the
request by Shamrock Development, Inc. to repurchase a parcel of tax-forfeited land (PID
254360520, Lot 13, Block 5, The Wilds Ridge) located in the City of Prior Lake. The motion
carried unanimously.
X. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-230; Ratifying the CAMA USA Maintenance and Support Agreement
Between ACS Enterprise Solutions, Inc. and Minnesota Counties Computer Cooperative. A
copy of the resolution is available in the office of the County Administrator and is made a part of
this record by reference. The motion carried unanimously.
Y. Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt
Resolution No. 2011-235; Approving the Reimbursement Resolution Regarding 2012 Capital
Improvement Bonds. A copy of the resolution is available in the office of the County
Administrator and is made a part of this record by reference. The motion carried unanimously.
(7) Provide a Supportive Organizational Culture Which Enhances the County Mission:
Chair Wolf presented Administrative Assistant Jeanne Kubes with a certificate in honor of
her upcoming retirement from her employment with Scott County.
Chair Wolf recessed the meeting at 9:23 a.m. for a reception honoring Ms. Kubes and
reconvened at 9:40 a.m.

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November 29, 2011
(8) Create Safe, Healthy, and Livable Communities:
County Attorney Pat Ciliberto provided information regarding three applications for land
trust status by the Shakopee Mdewakanton Sioux Community (SMSC). Mr. Ciliberto stated that
the Bureau of Indian Affairs (BIA) formally initiated the 30-day review and comment period on
October 31, 2011 for the former Shutrop and Stemmer parcels and November 3, 2011 for the
“Wazupi” garden parcels and that the affected governmental jurisdictions have been asked to
provide input within that timeframe. Mr. Ciliberto also provided information on the Supreme
Court case Carcieri vs. Salazar which was decided on February 24, 2009, and the possible
affects this ruling could have on these applications.
County Administrator Gary Shelton stated that at this point the Board has three options: to
provide comments regarding the applications; ask for an extension to provide comments; or
provide no comments. Mr. Shelton added that this is the first step in the fee to trust application.
Discussion followed regarding the need to clarify how the Carcieri vs. Salazar ruling would
affect these applications, the desire to continue the positive working relationship that currently
exists with the SMSC, and the County’s hope of meetings with the SMSC Tribal leadership.
SMSC Tribal Administrator Bill Rudnicki provided a brief history of the SMSC Tribe, past
land acquisitions, and the ordinance that governs their land acquisitions. Mr. Rudnicki also
noted the property taxes that the SMSC pays annually and the agreements it has with the City
of Prior Lake and Scott County. In addition, Mr. Rudnicki mentioned how the SMSC has
contributed in County and City projects.
Commissioner Marschall moved, seconded by Commissioner Menden to submit comments
to the Bureau of Indian Affairs consistent with the draft presented to the Board. The motion
carried unanimously.
(9) Committee Reports and Commissioner Updates:
A. Commissioners Menden and Wolf attended the Veterans’ recognition luncheon on
November 8.
B. All Commissioners attended the 2012 Board planning workshop on November 15.
C. Commissioners Menden and Wolf attended the County Road 8 Study Open House on
November 15.
D. Commissioner Menden met with Mr. Shelton on November 16.
E. Commissioner Menden attended a Minnesota River Basin Board meeting on
November 21.
F. Commissioner Marschall attended a Metropolitan Library Service Agency (MELSA)
Board of Trustees meeting and MELSA Personnel Committee meeting on November 9.
G. Commissioner Marschall attended an International Union of Operating Engineers
(IUOE) 49ers Labor Management Committee meeting on November 10.
H. Commissioner Marschall attended a Scott County Association for Leadership and
Efficiency (SCALE) Service Delivery Committee meeting on December 14.
I. Commissioner Marschall met with St. Francis Regional Medical Center personnel on
November 14 to receive a donation to the Meth Task Force.

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November 29, 2011
J. Commissioner Marschall attended a Prior Lake-Spring Lake Watershed District Board
of Managers meeting on December 15.
K. Commissioner Marschall attended a Community Corrections Advisory Board meeting
on November 17.
L. Commissioner Marschall attended a Scott County Library Board meeting on November
17.
M. Commissioners Marschall and Ulrich attended a SCALE meeting on November 18.
N. Commissioner Marschall attended a Beyond the Yellow Ribbon Military Symposium on
November 19.
O. Commissioner Marschall attended a Scott County Human Services Resource Council
meeting on November 21.
P. Commissioner Marschall gave a presentation on County government at Jackson
Elementary School in Shakopee on November 22.
Q. Commissioner Marschall attended an Eagle Scout Ceremony for Thomas Lein on
November 26.
R. Commissioners Ulrich and Wolf attended an IRC Corridor meeting at the State Capitol
on November 9.
S. Commissioner Ulrich attended a Minnesota Inter-County Association (MICA) Board of
Directors meeting on November 9.
T. Commissioner Ulrich attended a Families and Individuals Sharing Hope (FISH)
meeting on November 10.
U. Commissioner Ulrich attended a Trunk Highway 169 Corridor Coalition meeting on
November 10.
V. Commissioner Ulrich attended a transit discussion with local government officials on
November 14.
W. Commissioner Ulrich met with Representative Michael Beard on November 16.
X. Commissioner Ulrich participated in FISH interviews on November 1.
Y. Commissioner Ulrich attended a Metropolitan Council Transit Review Board meeting
on November 23
Z. Commissioner Ulrich led church services at the Scott County Jail on November 27.
AA. Commissioner Wolf attended a Metropolitan Emergency Services Board meeting on
November 9.
AB. Commissioner Wolf attended an I35W Solutions Alliance meeting on November 10.
AC. Commissioner Wolf met with Representative Kelby Woodard on November 10.
AD. Commissioner Wolf attended a Spring Lake Town Board meeting on November 10.
AE. Commissioner Wolf attended a Scott County Extension Committee meeting on
November 16.
AF. Commissioner Wolf attended a Dakota-Scott Workforce Investment Board meeting on
November 18.
AG. Commissioner Wolf met with a constituent on November 18.
(10) County Administrator Update:
The calendar of upcoming events was distributed.

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November 29, 2011
On a motion by Commissioner Marschall, seconded by Commissioner Ulrich, the meeting
adjourned at 10:30 a.m.
Thomas J. Wolf
Chair
Gary L. Shelton
County Administrator
Clerk of the Board
Debra K. Brazil
Deputy Clerk to the Board