November 12, 2009
UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS
LYON COUNTY BOARD OF COMMISSIONERS LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN
October 6, 2009
9:00 a.m. - Meeting called to order by Chairman Stensrud. Members present: Fenske, Ritter, Nelson, Stensrud Goodenow, County Administrator Stomberg, County Attorney Maes, Auditor/ Treasurer VanOverbeke.
Ritter moved, seconded by Nelson to approve the agenda. All voted in favor.
Fenske Per Diems $340.00 Expenses $26.95
Nelson Per Diems $330.00 Expenses $283.80
Ritter Per Diems $290.00 Expenses $61.60
Goodenow Per Diems $350.00 Expenses --------
Stensrud Per Diems $200.00 Expenses $75.90
Approve Minutes from September 15, 2009
Approve Commissioner Warrants 117947-118066 in the amount of $499,425.14 dated 10/7/09.
Approve Auditor Warrants 117857-117880 in the amount of $147,959.11 dated 9/17/09, 117896 -117913 in the amount of $140,311.45 dated 9/24/09, 117914 in the amount of $1,210.00 dated 9/25/09, and 117927-117946 in the amount of $231,485.24 dated 10/1/09.
Approve Per Diems & Expenses
Sale of wetland credits
Nelson moved, seconded by Ritter to approve the consent agenda. All voted in favor.
Fenske moved, seconded by Goodenow to approve an agreement with Lois Novosad to handle rentals at the fairgrounds. All voted in favor.
Goodenow moved, seconded by Ritter to approve the 2010 sheriff fee schedule. Goodenow - He talked about changing the contracts? Will they have to be renegotiated? Stomberg - I think this is in anticipation of it. Goodenow - Rather than doing a flat fee doing an hourly instead? Stomberg - The municipality can decide that. All voted in favor.
Goodenow moved, seconded by Fenske to put a back lighted sign on the main street entrance and letters on the sixth street entrance and to evaluate the cost of letters on the back entrance. Ritter - What is the total dollar cost? Goodenow - One can come out of the jail and the other out of capital improvement funds. Stensrud -It is a $9,000 savings. Goodenow - And you are going to get an extra sign? Splett -Is anything coming out of the jail money? Goodenow - The one we tore down.
Voting in favor: Goodenow, Nelson, Fenske, Stensrud
Motion carried 4 to 1.
Nelson moved, seconded by Goodenow to approve a quote from the Lyon County Highway Department of $2.70/cy to deliver daily cover from the Demolition Landfill to the Sanitary Landfill. Ritter - It looked pretty fishy to me. I think when you are going to do it this way you need to do it with sealed bids. I had two of the contractors call me. I know you were asked to do it last year. Henriksen - That is the reason I brought it forward here. I did not provide it to the highway department. I didn't realize it would be this close. Goodenow - What was last years? Henriksen - $2.80. Kanwar - Thomasson and I put this together. I have 10 years experience and he has 30. Stensrud - I think from now on you have to have it as a bid and invite them to come in. Ritter - My personal opinion is I am going to move it to Tolk graveling because they are the lowest private bidder. Stensrud- We have a motion on the floor. Goodenow - We have wanted to use our highway department if we could. If you know you want your county highway department to do it we shouldn't go out for bids. Kanwar - We aren't making any money from it. Fenske - What does our Attorney think? Maes - I think I like the suggestion of moving ahead. If you want to remove your own entity you can do that. The purpose is to go with the lowest but that doesn't mean you can't remove yourself. Kanwar - We were asked before to be part of the bidding. There was nothing shared. Ritter - I am not saying that it was. It was not received well by myself or the public. Fenske - You are always looking for ways to save money. Ritter - It should have been bid not quoted. Kanwar - We should get a policy.
Voting in Favor: Nelson, Goodenow, Stensrud, Fenske
Motion carried 4 to 1.
Fenske moved, seconded by Ritter to enter into a subordination agreement with Wells Fargo Home Mortgage on a note and septic system lien owned by Lyon County for a septic system replacement loan granted to John and Crystal Yearous in the amount of $6,314.00. All voted in favor.
Nelson moved, to leave our agreement as it was as operating costs and not include maintenance. Stensrud called three times for a second. Motion failed for lack of a second.
Goodenow moved, seconded by Ritter that Lyon County would be willing to participate in funding the bonding to complete the library contingent upon that when the old building is sold 1/3 will go to the county to pay off the outstanding obligation on the bond. Nelson - Are you first in line or last? I want to protect all the money. I would rather give it to them out of reserves. Stomberg - We would not be on the bond. Nelson - You should have some security. Why doesn't Marshall bite the bullet? I will guarantee you that Tracy will be here and Minneota if this is the route you are going. Stomberg -So it is 1/3 of the remaining bond payment? On the dollars that we are coming on from the community endowment funds, those are on interest? We would be looking at a payment schedule no fluctuation from that? Martig - Yes. Fenske - The reason it is so hard to vote yes for this. I don't hear a lot of support. I don't think it was publically demonstrated for and a need for it. Another thing I continually get hammered on is the location is why did the library board refuse to look at another site? Goodenow - The site at the middle school was never allowed. When we were deciding the location it was not available for us. As a county commissioner I wouldn't let them consider it because it wasn't visible. I pushed to have it out on 23. The only reason they want it from Main Street is they think it will draw in more people. If you look at where your patrons are. Fenske - I represent the east side of Marshall and they want it downtown. Goodenow - In the end being next to the middle school and in line to the YMCA. Stensrud - I have heard very little public support. My opinion I heard $100,000 and then I heard $120,000. The cost is $7.87 every time you go in and out of the door. Ritter - It costs you that to go to the basketball game. Fenske - It has been very difficult to come to a decision on this. Goodenow - Part of that is the project has lasted this long. Nelson - Where is the capital coming from? Stomberg- It will be built into the annual budget. Goodenow - It will be similar to the law enforcement center.
Voting in Favor: Ritter, Fenske, Goodenow
Opposed: Stensrud, Nelson
Motion carried 3 to 2.
Ritter moved, seconded by Fenske to send Lyon County Ordinance Article 21 (WECS) to Planning and Zoning to take a look at it. All voted in favor.
Fenske moved, seconded by Ritter to approve final payment to R & G Construction in the total amount of $4,912.28 for SP42-599-135. All voted in favor.
Ritter moved, seconded by Goodenow to approve and authorize the Chair to sign MNDOT Cooperative Agreement 95280. All voted in favor.
Goodenow moved, seconded by Nelson to approve and authorize the Chair to sign MNDOT Cooperative Agreement Number 95349 including the correction on page 3. Fenske - I think on page three there is an error where it says 3.5 miles I think it is 5 miles. I think they did catch it when they figured it out. All voted in favor.
Goodenow moved, seconded by Nelson to approve and authorize the Chair to sign cooperative agreement 95350-R to build an acceleration lane on TH 23. All voted in favor.
Goodenow moved, seconded by Ritter to pay fourth quarter appropriations to Public Health, Lyon County Historical Society, Soil and Water, and RCRCA. All voted in favor.
Goodenow moved, seconded by Ritter to pay the library the next three months at the 2008 rate. All voted in favor.
Goodenow moved, seconded by Ritter to pay $1,000 to the Southwest Arts and Humanities. All voted in favor.
Fenske moved, seconded by Ritter to approve cancelled checks for Human Services. All voted in favor
Ritter moved, seconded by Nelson to approve cancelled checks for Lyon County. All voted in favor.
Reviewed Meeting Schedule
Ritter moved, seconded by Goodenow to adjourn. All voted in favor.
Rodney Stensrud, Chairman
Attest: Loren Stomberg
Lyon County Administrator