Rock County Commissioners meet March 7 
Herreid Board Room          9:00 A.M.
Rock County Courthouse March 7, 2023
The meeting was called to order by Chair Thompson with Commissioners Overgaard, Williamson, Burger and Reisch present. Also in attendance were County Attorney Jeff Haubrich and Deputy Administrator Susan Skattum and Mavis Fodness.
The Pledge of Allegiance was recited by those in attendance.
Motion by Burger, seconded by Reisch, to approve the March 07, 2023,
County Board agenda, declared carried on a voice vote.
Motion by Williamson, seconded by Overgaard, to approve the minutes
of February 21, 2023, declared carried on a voice vote.
Motion by Overgaard, seconded by Reisch, to approve the consent
agenda, declared carried on a voice vote.
1. (3) contracts with D & G Drinking Water Solutions for rental units at the location
of the Courthouse, Highway Department and Sheriff’s Office at $56/month/unit.
The Administrator presented a legislative update stating that currently a $1.9 billion bonding bill has passed in the House, but pending in the Senate.
The Administrator indicated that he had spoken with Representative Schomacker and he stated that the Rural Water/Water Tower project was not included in the proposed bonding bill, however, there may be a chance of the
development of a third bonding bill before the legislative deadline.  
Ashley Kurtz, Auditor/Treasurer, introduced new employee Meegan Gyberg,
Administrative Assistant in the License Center.  
The Auditor/Treasurer presented the claims; after review, motion by Overgaard, seconded by Reisch, to approve the claims as presented, declared carried on a voice vote.  A complete listing of the claims is available upon request at the Auditor/Treasurer's office. 
MARCH 7, 2023 CLAIMS OVER $2,000
A & B BUSINESS INC $3,327.48 
BMO FINANCIAL GROUP               2,833.46 
FLEET SERVICES DIVISION-ADMINFMR               7,158.28 
MN COUNTY ATTORNEYS ASSN               2,919.00 
NOBLES COUNTY AUDITOR-TREASURER   4,380.00 
STAPLES ENTERPRISES               2,223.19 
WAUSAU EQUIPMENT COMPANY INC               2,746.76 
WIDSETH SMITH NOLTING & ASSOC INC               8,542.00 
55 PAYMENTS LESS THAN $2,000           22,740.30 
     TOTAL                 $56,870.47 
The County Board was in receipt of the Fund Balance report; motion by Williamson,
seconded by Burger, to approve, declared carried on a voice vote.
The County Board was in receipt of a Notice from the Department of Revenue
notifying Rock County of the amount of tax revenue generated from wind
production from Y2022; Rock County wind energy revenue from Y2022
is $936,102.74, an increase of 21.9% from Y2021.
Rachel Jacobs, Land Records Office Director informed the County Board of
a software contract renewal for recording documents; software Avid is a Fidlar Technologies product. Contract costs are based on a per document basis, and covers land recording, indexing, and Torrens Certificate Management; contract renewal is includes Replication Software License Agreement. Both renewal costs will be paid from the Land Records Office Technology fund. Motion by Burger,
seconded by Overgaard to authorize the Land Records Office Director to execute
the 5-year contract renewal, declared carried on a voice vote.
The County Board also congratulated the Land Records Office Director
on the completion of her SAMA licensure, effective January 10, 2023.
The County Board was in receipt of an update regarding mental health services that are currently under contract with the Southwestern Mental Health organization; the cost for (5) contracts) appears to be less dollars on the “ala carte” basis than what was proposed as being a member of the Southwestern Mental Health association. The “ala carte” basis is a temporary solution while Southwest Health & Human Services continues to pursue a more permanent solution.
There was a brief discussion regarding a site visit to the Nature Energy facility in St. Paul and discussed their intent to come to Rock County.  
The Administrator presented the following activity update: continue to monitor legislative issues and their impact, met with DDA to initiate the project overview of a job description and market study review, monitoring the status of potential economic development projects, working on timeline of vacating the Human Services building for HVAC project; Deputy Administrator stated that the office has conducted (5) new employee orientations over the course of 2-weeks.  
Commissioner Reisch stated that he attended the following
meetings/events: no meetings.
Commissioner Williamson stated that he attended the following meetings/
events: Testified at State Capitol in favor of the Rural Water Tower project
and met with Nature Energy representative.
Commissioner Overgaard stated that he attended the following meetings/events:  Testified at State Capitol in favor of the Rural Water Tower project and met with Nature Energy representative, Rose Dell Township where they also indicated that they are in favor of mail ballots, and City of Hardwick for potential economic development project(s). 
Commissioner Burger stated that he attended the following meetings/events:  Southwest Health & Human Services, Opioid Committee, zoom meeting with Senator Weber, and local meeting referencing Nature Made economic development project.
Commissioner Thompson stated that she attended the following
meetings/events: Testified at State Capitol in favor of the Rural Water Tower
project and met with Nature Energy representative
With no further business to come before the County Board, the
meeting was declared adjourned by order of the Chair.
(04-20)

Fred Keller (left) and Bill Cagley perform original folk songs about Minnesota’s early history to audience members at the Rock County Library Wednesday afternoon, April 12. The duo, called “Skally Line,” are part of Deep North Programs, which combines music and historical storytelling in a variety of educational options. The Luverne stop was Skally Line’s 13th on the tour of Plum Creek libraries. Their tour is sponsored by the Minnesota Arts and Cultural Heritage Fund.

Beaver Creek community volunteers and HBCS (Helping Build Communities Stronger) filled 2,000 plastic eggs with candy for an Easter egg hunt Saturday afternoon. The elementary school gymnasium floor was strewn with multi-colored eggs and wrapped candy with the centerline dividing children into ages 0-6 on one side and 6 and older on the other. As egg hunters scrambled to fill their baskets, a costumed Easter bunny strolled among them, posing for photographs when asked.

Most trees and shrubs will need to be replaced after excessive bark loss due to hungry deer and rabbits over the winter. However, U of M Extension educator Gary Wyatt (above, in front holding a damaged tree branch) of Mankato suggests a “wait and see” attitude when it comes to replacing woody perennial plants. Wyatt led a seminar Wednesday afternoon, April 12, at the Rock County Courthouse commissioners’ room with a tour of actual damage at the food forest on North Blue Mound Avenue. He said this past winter’s heavy snow cover prompted many animals to seek trees as food, the worst he has seen in his many decades working in forestry. He suggested waiting before removing the weedy plants to see if only the surface bark layer was damaged and not the underlying nutrient-carrying layer, which may mean the plant can recover. The seminar was sponsored by the Rock County Master Gardeners and the Rock County Soil and Water Conservation District.

Hills-Beaver Creek Elementary students spent Friday afternoon walking a combined eight miles to raise nearly $6,000 for the school’s parent-teacher organization.
Kindergarten through fifth-grade students walked outside during their physical education class times.
Teacher Darin DeBoer said each class walked as a group for the same amount of time.
Classes and their distances were:
•1.2 miles kindergartners.
•1 mile first-graders.
•1.3 miles second-graders.
•1.87 miles third-graders.
•1.4 miles fourth-graders.
•1.3 miles fifth-graders.
Temperatures were in the upper 50s with occasional rain showers.
DeBoer said first-graders were interrupted by a downpour that lasted a few minutes. They sheltered in a Beaver Creek resident’s garage.
Brianna Leuthold, treasurer of PTO, conducts the annual walk-a-thon fundraiser.
She said donations help to sponsor activities such as Puppy Relays, fall festival, year-end celebration, I Love to Read Month and others.

A Beaver Creek horticulturalist is hoping to establish an orchard and cidery at the Springbrooke events facility and golf course.
Sean McFarland applied for a conditional use permit requesting an ag classification for the property so he can grow apples for cider and wine under a Minnesota Farm Winery License.
The application was submitted April 3 by Springbrooke owner Rick Gourley.
McFarland would lease the property — including the restaurant, bar, event center and part of the golf course — from Gourley to operate his agritourism business.
Beaver Creek City Council members heard McFarland’s proposal at their Wednesday, April 12, meeting.
“Successful wineries operate all around the region,” he told council members. “However, no true cideries operate within 200-plus miles of Sioux Falls.”
“True” cider is made from pure pressed cider-specific apples and has no added sugar or flavors.
“Beaver Creek has the opportunity to offer a winery and pumpkin- and apple-picking experience where none exists in the immediate area,” McFarland said.
The cider presses would be in the current Springbrooke building or in a newly constructed building nearby.
A tasting room would be in the lower-level existing bar, and McFarland would use Gourley’s existing liquor license, pending his own background checks and other paperwork clearing.
Apple trees would be planted in tight rows in and around the golf course “adding to the beauty and increasing the golf course’s playability by creating obstacles and hazards,” McFarland wrote in the permit application.
There would be roughly 1,000 trees that would take up about 2 to 3 acres of the 52-acre property. Pumpkin patches would grow among them.
“The community will benefit from a business that welcomes and attracts all people of all ages, interests and incomes,” he said. “Local businesses will benefit from increased visitors to our city.”
 
Blackshire Farms
McFarland and his wife, Marcella, have operated Blackshire Farms since 2016 west of Beaver Creek near the intersection of County Road 4 and 70th Avenue.
The farm has a pick-your-own pumpkin patch, honeybees, heirloom raspberry patches, rhubarb and strawberry beds, asparagus and personal produce gardens.
The Blackshire orchards include 2,000 heirloom cider apple trees that are maturing on schedule for a half crop this year and a full crop next year, when they plan to start pressing for cider.
“I have a vision for a cidery, and we’ve been working toward this for 10 years,” McFarland said.
When Springbrooke became available for rent, he said it was an opportunity worth exploring for his own business and to benefit the community.
“Increased visitors may increase demand for vacant lots in city limits,” McFarland said.
“The city government will benefit from increased tax revenue. The building itself will benefit from increased revenue that will ensure upkeep and renovations through the years.”
 
Farm winery license requires farming in town
Farm wineries are given a special status in Minnesota’s liquor laws to encourage and support the fledgling farm winery industry.
He said a farm winery license would allow him to harvest apples and sell the fruit and cider, but statute requires licensees to operate on land zoned or permitted for ag use.
In order to have a farm winery at Springbrooke, the property would need to be zoned or permitted for agriculture use. It’s currently zoned residential and industrial, and Beaver Creek’s ordinance doesn’t allow zoning for agricultural purposes.
For council members to accommodate McFarland’s request, they’d have to change the city ordinance — a costly and time-consuming measure that would require public notices and public hearings. (Gourley has offered to share those costs.)
At that point, the council could act on McFarland’s request for a conditional use permit, which also requires public notice and comment.
Conditions would include, among other things, no commercial livestock and no industrial farming activities except those directly relating to production of cider and wine.
Part of the property near the pumphouse and maintenance shed is already zoned industrial and could possibly allow for McFarland’s retail pumpkin growing and selling.
However, the Springbrooke building and golf course are zoned residential, and a farm winery license would require rezoning it for ag use.
 
Council denies request
McFarland’s proposal is backed by a detailed business plan and was advised by Flaherty and Hood municipal attorney Alyssa Harrington, who specializes in ordinances and permitting.
He shared her contact information with the council.
Council members listened with interest to the proposal, and among other questions they wanted to know if the golf course would remain a golf course.
“Out of respect for the people building homes there, it would be fair for it to remain a golf course,” council member Al Harnack said.
McFarland assured them he had no intention of changing the golf course, which Gourley intends to redevelop after 15 years of being closed.
Mayor Josh Teune said he’d discussed McFarland’s proposal with Beaver Creek’s city attorney Jennifer Reinke of Eisma and Eisma, who advised the city to deny the request for now.
“I think for now we have to follow our attorney’s advice and deny the permit,” Teune said. “That doesn’t mean we can’t revisit it.”
Harnack suggested tabling the request until the council had more information, but Teune said there wasn’t time for that.
The April 2 conditional use application request would automatically go into effect as submitted if it’s not acted on within 60 days.
Because the ordinance and permit process would take nearly two months, the council opted to deny the request for now.
“It doesn’t hurt my feelings not having it approved tonight,” McFarland said at the meeting.
“So long as we can talk about it again in a future context. … I’m a squeaky wheel; you’ll be hearing from me.”

A little more than half of the Hills-Beaver Creek School District voters approved both bond referendum questions in a special election April 11.
Question No. 1, to build a new elementary school in Beaver Creek, passed with 53 percent approval. Vote totals were 345 “yes” and 311 “no.”
Question No. 2, to improve the Hugo Goehle gymnasium site in Hills, passed with 56 percent approval. Vote totals were 367 “yes” and 285 “no.”
Overall, 54 percent of the district’s registered voters cast ballots April 11.
The approved $29.975 million referendum means a new $26.5 million elementary school will be built in Beaver Creek and $3.475 million will be spent to expand the parking lot at the current secondary school, demolish the former high school in Hills, and improve the Hugo Goehle gymnasium site currently attached to the former school.
School board members canvassed the tabulated results by the Rock County Auditor’s Office vote during their regular meeting Monday night.
Members commented on the historically low turnout numbers.
Superintendent Todd Holthaus pointed out 237 fewer people voted in last week’s special election than in the 2009 special election to build the new secondary school.
Despite the low numbers, board members said they appreciated the positive vote and what the building projects will mean for the district.
“Now the work begins,” said Chairman Arlyn Gehrke. “With a positive outcome to both referendum questions, we can be more future-focused in our long-term building maintenance plans instead of piecemealing necessary upgrades together if the referendum was unsuccessful.
“We thank the H-BC district voters in supporting our long-term plans.”
Due to receiving a favorable review from the State Department of Education for the proposed referendum, the two questions needed a simple voter approval to pass.
Before the polls opened at 7 a.m., there were 1,186 registered voters in the H-BC district which includes the cities of Hills, Beaver Creek and Steen and all or portions of Martin, Clinton, Beaver Creek and Springwater townships.
A total of 657 ballots were cast on the day of the special election, including 29 voters who registered at the election site. Also included were 30 voters casting absentee votes.
Residents had two polling places in which to cast ballots until the 8 p.m. deadline.
Results were different between the two precincts.
Vote totals for Question No. 1 indicated 216 voted “yes” in the first precinct (Hills, Steen, Clinton and Martin townships) with 190 voting “no.”
In the second precinct (Beaver Creek, Springwater and Beaver Creek townships) results were 108 “yes” and 112 “no.”
Question No. 2 had 238 “yes” votes and 164 “no” votes in the first precinct. Second precinct votes had 109 “yes” votes and 111 “no” votes.
 
Elementary to open for 2025-26 school year
If construction goes as planned, the new H-BC Elementary School will be complete for the start of the 2025-26 school year.
Construction is expected to start in spring 2024.
Preston Euerle with R.A. Morton of St. Cloud is the construction manager.
He said the next couple of months will have the architects, AST&R out of Sioux Falls, preparing plans for the bid process, estimated to take place in October or November.
Demolition of the former high school is expected to be completed next summer.
The current elementary school in Beaver Creek is also slated for demolition once the new school is finished.
According to information presented at Monday’s school board meeting, bonds for the $29.975 million project will also be sold at two separate sales. The first sale will take place this spring or summer, with the second sale set for the first of the year.

Hardwick City Council is considering enforcement of its public nuisance ordinance after a resident submitted a written complaint.
City clerk Tammy Johnson read the letter at the council’s April 11 meeting.
“There are many people in town with dogs,” wrote Cindy Moerke. “Most of them pick up their pets’ poo, but there are some who do not.”
She said pets often leave excrement on lawns of residents who do not have pets.
“This summer could be bad if this continues,” she said.
Dog excrement is not the only nuisance council members have observed, and they’re considering possible enforcement in the community of 186 residents.
“And not just dogs. Cat poo. I see cigarette butts all over town. Garbage blowing around,” Mayor Tom Haas said.
The council adopted its current nuisance ordinance in 2016, primarily due to the accumulation of materials piled against garages and outside homes.
The ordinance defines public nuisance as intentional acts that affect the health, morals and decency, peace and safety of city residents.
The city can enforce compliance and misdemeanor charges.
Council members took no action on Moerke’s letter at their meeting.
 
Pet excrement poses
no health hazards
Environmental health manager Jason Kloss said Monday that natural deposits by pets on lawns generally pose no health hazard.
“Animal feces on lawns typically does not meet the definition of a public health nuisance, unless the accumulation is particularly excessive,” he said.
“It’s just negligence by the pet owner. It’s not fun to see.”
Hardwick is not the only community experiencing pet excrement on lawns after cold weather begins to abate.
“In winter it is difficult to manage the routine cleanup,” he said. “In the springtime, responsible pet owners will clean up their pets’ messes.”
In larger cities, where there are more personnel to enforce nuisance ordinances, pet owners are required to submit DNA samples. Excrement found and traced to the pet leads to fines to the owner.
Kloss said many smaller communities cannot afford such enforcement measures.
These towns rely on the cleaning up after one’s pet as being a “good neighbor.”
“Go by the ‘Tall Grass Rule,’” he said. “If there’s tall grass, especially along the township road, where pets can do their business, no one cares. If it’s on a manicured lawn, it’s not acceptable and pick it up.”