On the agenda: Benton County minutes — Data Center (Aug 4)

BENTON COUNTY BOARD OF COMMISSIONERS
SPECIAL MEETING MINUTES
FOLEY CITY HALL, 251 4TH AVE N, FOLEY, MN 56329
AUGUST 4, 2026
The Benton County Board of Commissioners met in special session on August 4, 2026, at Foley City Hall
located at 251 4th Ave N, Foley, MN 56329. Call to order by Chair Steve Heinen was at 9:00 AM followed
by the Pledge of Allegiance to the flag. A roll call showed Commissioners Ed Popp, Steve Heinen, Scott
Johnson, and Jared Gapinski present. Chair Heinen shared that Commissioner Pam Benoit would be
arriving later during the meeting. Commissioner Pam Benoit arrived at 9:04 AM.
During Open Forum, Mike Deppa of 12831 85th Ave NE, Foley, expressed dissatisfaction, claiming he was
not contacted by County staff regarding his Ditch Assessment since a Ditch Authority Meeting last May.
Deppa contacted Popp regarding this matter and does not feel he should need to file an appeal for his
assessment and does not want to incur any more costs to remove his property from the Ditch
Assessment. Deppa requested the County Board to help resolve the issue. Johnson confirmed Deppa’s
phone number and would share this information with our Ditch Inspector.
Motion by Popp and seconded by Gapinski to approve Consent Agenda items 1 - 8: 1) approve the
Regular Board Meeting Minutes of July 7, 2026 as written and authorize the Chair to sign; 2) approve the
Committee of the Whole Meeting Minutes of July 20, 2026 as written and authorize the Chair to sign; 3)
approve the agreements for Legal Representation in CHIPS and TPR cases and authorize the Chair to
sign; 4) approve the Joint Powers Agreement with the State of Minnesota and authorize the Chair to
sign; 5) approve the final plat entitled “The Cove 11th Addition” submitted by Nitrus LLC and authorize
the Chair to sign; 6) approve a contract renewal with Routeware for web and mobile services pertaining
to waste collection and authorize the Chair to sign; 7) approve the Special Road Use Permit for
Annunciation Church Parade and authorize the Chair to sign; 8) accept the donation from Hasso Briese
American Legion for PAL program and authorize the Chair to sign. Motion carried unanimously.
Next, representatives from the Minnesota Inter-County Association (MICA) provided a Legislative
update. Executive Director Nathan Jesson provided an update on state budget and finance;
Transportation Liaison Amber Backhaus provided an update on budget and policy issues regarding roads
and bridges; Health and Human Services Liaison Nancy Silesky provided an update on budget and policy
issues pertaining to Human Services and Department of Health; and Environment Legislative Liaison
John Paul Yates provided an update on environmental issues. This item was for informational purposes
only.
Next, Auditor-Treasurer Christine Scherbing requested County Board consideration of the resolution for
DMV. Minnesota Deputy Registrar Association (MDRA) is seeking support from counties and cities as
they approach the legislature during the next session, requesting that the State of MN/Department of
Vehicle Services share revenue with all deputy registrar offices. Motion by Popp and seconded by
Johnson to adopt the resolution for DMV requesting that the State of MN/Department of Vehicle
Services (DMV) share revenue with all deputy registrar offices. Motion carried unanimously.

Next, Scherbing requested County Board consideration of a secure tax forfeiture property. The property,
formerly owned by Katherine Campina, became subject to tax forfeiture following Campina’s passing.
No known heirs have been identified, and the residence has since been occupied by unauthorized
individuals. The City of Sauk Rapids has determined the property to be a public nuisance. Pursuant to a
court order obtained by the City, the redemption period was shortened to five weeks. The property is
scheduled to forfeit on August 1, 2026, with the Auditor’s Certificate of Forfeiture to be recorded on
August 3, 2026. Following recording, a 28-day notice will be provided to any individuals with abandoned
personal property at the site as required. Scherbing requested County Board approval to authorize staff
to secure the residence and remove items identified by the City of Sauk Rapids as constituting a public
nuisance. Motion by Gapinski and seconded by Benoit to approve securing the home and removing
items deemed to be a nuisance. Motion carried unanimously.
Next, Community Health Services Administrator/Public Health Director Jaclyn Litfin requested County
Board consideration of the Opioids Expenditure Resolution. On March 21, 2023, the Benton County
Board approved the Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA) which
serves as the governing document over the permissible uses of opioid settlement funds. As discussed at
the Committee of the Whole Meeting on July 20, 2026, Benton County Public Health (BCPH) requests
approval of opioid settlement funding commitments, including an updated resolution authorizing the
expenditure of opioid settlement funds to address the needs of criminal justice involved individuals. The
proposed resolution would support the continuation of the existing co-responder position through 2030,
with a total commitment not to exceed $600,000 between 2026 and 2030. The estimated cost for the
Co-Responder position in 2026 is $81,595 (the program started June 1, 2026), $144,920 in 2027, and
annual estimation thereafter (considering annual adjustments and mileage) of $150,000 per year
through 2030. Additionally, BCPH requests authorization to commit up to $150,000 in opioid settlement
funding for distribution through a Request for Proposal (RFP) process, round one. Funding would be
awarded to eligible applicants implementing opioid abatement strategies consistent with the Minnesota
Opioids MOA. Motion by Heinen and seconded by Gapinski to approve the updated resolution
authorizing the commitment and expenditure of opioid settlement funding for the continuation of the
co-responder position as outlined within the proposed budget, with funding not to exceed $600,000
between 2026 and 2030, and authorize the commitment of up to $150,000 in opioid settlement funding
for distribution through an RFP process to support eligible opioid abatement activities consistent with
the Minnesota Opioids MOA. Motion carried unanimously.
The County Board recessed the Special Board Meeting at 9:48 AM to conduct a Special Community
Health Board Meeting.
The County Board reconvened the Special Board Meeting at 9:57 AM.
Next, Board members reported on recent meeting they attended on behalf of Benton County.
Under “Comments by Commissioners” Benoit shared that she received an email and a couple of phone
calls from constituents who had concerns regarding an intersection on 35th Avenue NE near Wapicada
Golf Course, where there have been several “near misses”. Also, an individual felt the signs were not

correctly placed and requested the Highway Department to look at the signs to ensure they are in
compliance. Benoit suggested the possibility of adding rumble strips, or making the intersection a 4-way
stop to raise awareness and to alert drivers of the stop sign approaching.
Motion by Popp and seconded by Gapinski to set future Committee of the Whole Meetings: Thursday,
August 13, 2026 RSVP Volunteer Recognition Luncheon Event, Sauk Rapids Government Center, 250
Summit Ave N, Sauk Rapids, MN 56379, 11:30 AM; Wednesday, August 19, 2026 Data Center Discussion
location changed to the Clearing, 195 River Ave S, Sauk Rapids, MN 56379, 10:00 AM; Thursday, August
20, 2026 RSVP Volunteer Recognition Luncheon Event, Whitney Senior Center, 1527 Northway Dr, St.
Cloud, MN 56303, 4:00 PM; Monday, August 31, 2026, Budget Work Session, Benton County
Boardroom, Foley, 8:30 AM; Tuesday, September 15, 2026 Employee Years of Service Awards, Benton
County Sheriff’s Office Situation Room, Foley, 7:00 AM; Highway Department 7752 Highway 25 NE,
Foley, 7:30 AM; Benton County Human Services 3rd Floor Conference Room, Foley, 8:00 AM; Benton
County Boardroom, Foley, 8:30 AM; Wednesday, September 16, 2026 through Friday, September 18,
2026 Association of Minnesota Counties Fall Policy Conference at the Stanford Center, 1111 Event
Center Dr NE, Bemidji, MN 55601, 8:00 AM. Motion carried unanimously.

The Special Board Meeting Adjourned at 10:27 AM.

ATTEST:

Montgomery Headley
Benton County Administrator

Steven J. Heinen, Board Chair
Benton County Board of Commissioners