January 21, 2010
UNOFFICIAL MINUTES- SUBJECT TO CORRECTIONS
LYON COUNTY BOARD OF COMMISSIONERS
LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN
December 15, 2009
9:00-Meeting was called to order by Chairman Stensrud. Members present: Stensrud, Fenske, Ritter, and Nelson, County Attorney Maes, County Auditor/ Treasurer Van Overbeke, and County Administrator Stomberg. Absent: Goodenow
Nelson moved, seconded by Fenske to approve the agenda. All voted in favor.
Fenske Per Diems $230.00 Expenses $195.80
Ritter Per Diems $90.00
Nelson Per Diems $100.00 Expenses $ 76.45
Stensrud Per Diems $270.00 Expenses $191.40
1.Approve Minutes from December 1, 2009
2.Approve Commissioner Warrants 118772-118860 in the amount of $151,043.01 dated 12/16/09.
3.Approve Auditor Warrants 118695- 118712 in the amount of $106,881.70 dated 12/3/09, 118713 in the amount of $6,416.78 dated 12/4/09, 118726 -118755 in the amount of $81,747.20 dated 12/10/09, and 118756 -118771 in the amount of $271,843.65 dated 12/14/09.
4.Approve Per Diems and Expenses
5.Approve Saratoga Archery Club Liquor License Renewal for ON/Off Sale
6.Approve PSIC Subscriber Equipment Grant Expenditure
Motion by Ritter, seconded by Fenske to approve the consent agenda. All voted in favor.
Motion by Fenske, seconded by Ritter to authorize the Chairman to sign a resolution setting the 2010 Regular Meeting dates. All voted in favor.
Motion by Nelson, seconded by Fenske to accept the ARMER Participation Plan Consulting Services Contract with GeoComm. All voted in favor.
Motion by Nelson, seconded by Fenske to accept the bid of $145,201.67 from Olson & Johnson to purchase a 2011 International 7600 Henderson Tandem Diesel Truck and to obtain facts on the extended warranty. Voting in favor: Nelson, Fenske and Stensrud, Opposed:
Goodenow. Motion carried 3-1.
Motion by Nelson, seconded by Fenske to hire Douglas Andries as a Heavy Equipment Operator at the starting wage of $17.00 per hour to begin on December 21, 2009.
Voting in favor Nelson, Fenske and Stensrud, Opposed- Ritter. Absent : Goodenow. Motion carried 3-1.
9:25 a.m. Commissioner Goodenow arrived
Motion by Goodenow, seconded by Nelson to approve the funding of $10,000 appropriation to the Small Business Development Center for 2009. All voted in favor.
Chairman Stensrud appointed Tim Buysse to a three year term on the Yellow Medicine Watershed District Board beginning on January 1, 2010.
9:30 a.m. Chairman Stensrud opened the meeting for the Public Hearing for the Approval of the 5-year Capital Improvement Plan
Kanwar-The Road and Bridge Department has developed a new five year capital improvement plan. They have prioritized projects based upon transportation system needs and to enhance safety. Projects were selected based upon staff recommendations, public feedback and budget constraints. They have received no negative feed back.
Tony Esping-on behalf of the City of Minneota-asked if the County could clarify how much money it was planning to contribute to Minneotas upcoming street reconstruction project on TH 68 on Jefferson Street. Esping- We would like to know where Minneota is on the list. Suhail-The engineers first estimate was $125,000. Six months later it was $250,000 and now it is up to $450,000. I would make a recommendation that in 2010 we cap it at no more than $200,000. We do want to help but do not want to be forced to give up some of our projects to do it. Esping-That is wonderful and we appreciate it. We just wanted to ensure that we are all on the same page. The project will hopefully move forward in 2010 since we have Minnesota Pollution Control Agency requirements to meet. Suhail-The bid guaranties only to $200,000 in 2010 but we could spill over to 2011, if necessary. Minneota can count on up to $200,000 as we do not want to compromise on the specs. This will be coming out of Municipal Funds.
9:39 a.m. Motion by Nelson, seconded by Fenske to Close the Public Meeting. All in favor.
Motion by Nelson, seconded by Fenske to accept and approve the Five Year State Aid Road and Bridge Capital Improvement Plan. All voted in favor.
Motion by Fenske, seconded by Nelson to cancel the following checks:
Check #114091 dated 11/5/08 in the amount of $68.72
Check #115626 dated 03/05/09 in the amount of $99.00
Check #116212 dated 04/30/09 in the amount of $.98
Check #117097 dated 07/09/09 in the amount of $350.00
All voted in favor.
Motion by Goodenow, seconded by Nelson to amend the 2009 budget to include $4,181.939 which was spent out of reserves. All voted in favor.
Motion by Goodenow, seconded by Ritter to approve the Designated Banks for Lyon County Investments for the year 2010. All voted in favor.
Motion by Fenske, seconded by Nelson to authorize the Auditor/Treasurer to transfer funds between Drainage Systems for the year of 2010. All voted in favor.
Motion by Ritter, seconded by Goodenow to authorize the Auditor/ Treasurer to issue Auditor Warrants during the year of 2010 for incidental expenses, expenses incurred for postage, post office box rental, express, freight, telephone, telegraph, water, lights, other utilities, election expense, payroll activity, court ordered payments, monthly support & maintenance, registrations, dues, bailiffs, credit cards, expenses that would receive a discount if paid by a certain date, Schwans Sales, misc. taxes, and reimbursement to employees for hotel expense at the discretion of the Department Manager. All voted in favor.
Motion by Goodenow, seconded by Ritter to approve the Resolution issuing a loan from the General Revenue Fund to the Sinking Ditch VII in the amount of $41,000 with an interest rate of 4%. All voted in favor
Motion by Goodenow, seconded by Ritter to approve the Accounting Policy and Procedure Manual. All voted in favor.
10:17-Meeting Called Back to Order
10:30-Motion by Goodenow, seconded by Ritter to open the Public Hearing for the Approval of the Lyon County Zoning Ordinance Revisions to Article 24- Subsurface Sewage Treatment Systems. All voted in favor.
John Biren - A Public Hearing was held on November 10, 2009, on the Ordinance revisions. I have had some phone calls from individuals who have put in septic systems and what the ordinance means to them as far as liability. I have informed them that the County is liable for the design and inspection. The Installers are liable for the correct installation and the Home-owner is liable for the maintenance. If they have installed the system according to code and maintain it, it should be OK with the new rules.
Biren-7080 Chapter Rules state that the Ordinance should be adopted by 2010. This ordinance is a little different the State model. The Minnesota Pollution Control Agency has suggested a few changes.
Nelson- If a property is sold, are we required to check it out if it has open pipes. Biren- Unless it is an imminent threat to public health or safety, we are not actively looking for this, but if it is a bedroom addition, work on a system or a transfer, we need to check it at that time. Fenske- When a property is sold, do they have to meet the requirements before the transfer? Biren- yes and no. The Seller must disclose it to the buyer what they are getting. It is the buyers responsibility to put it in order within 12 months. You can transfer without that. Biren- I try to cross reference with the list from the assessors office annually or more often and send out letters. Disclosure is State Law. If you do not update and are not in compliance, it is our law.
Stensrud-How many systems are updated in the County? Biren- Approximately 80%. Nelson- What if a property is transferred by auction? Biren- It will updated by mutual agreement. At a minimum the Auctioneer follows the law of discloser. VanOverbeke- We put transfers on the GIS shared folder. If this is acceptable to you to get the information, stop by our office.
Biren- I am asking for a motion to accept the revisions and approve the ordinance and publication could include a summary incorporated into the minutes of the County Board. Maes suggested minor language changes to the Type IV and Type V System definitions.
A public hearing for the adoption of Article 24 Subsurface Sewage Treatment Systems (SSTS) was held. The purpose of Article 24 is to establish minimum requirements for regulation of SSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the County to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances. A complete copy of Article 24 can be found a www.lyonco.org, or a copy is available at the Planning and Zoning Office located in the Public Works Building at 504 Fairgrounds Rd Marshall MN. Phone 507-532-8207.
A summary of Article 24. Subsurface Sewage Treatment Systems (SSTS)
The purpose of Article 24 is to establish minimum requirements for regulation of SSTS for the treatment and dispersal of sewage within the applicable jurisdiction of Lyon County to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances. A complete copy of Article 24 can be found a www.lyonco.org or a copy can be made available at the Planning and Zoning Office located in the Public Works Building at 504 Fairgrounds Rd Marshall MN. Phone 507-532-8207.
The content found in the Article 24 was developed from a model ordinance provided by the State of Minnesotas Pollution Control Agency. Additional language specific to Lyon County was developed with consultation from Minnesota Pollution Control Agency Staff. Input from the Lyon County Water Plan Task Force was gathered and all local SSTS professionals were invited to participate with the development of Article 24. The following are a list of Sections found within Article 24.
Section 24.1 Purpose, Intent, Authority, and Effective Date
Motion by Fenske, seconded by Goodenow to approve the Ordinance revision and renumbering portions of Article 24 relating to Subsurface Sewage Treatment Systems effective on February 1, 2010. All in favor.
10:52 a.m. Motion by Fenske, seconded by Nelson to come out of the Public Hearing. All voted in favor.
Motion by Nelson, seconded by Ritter to remove the amount of 2010 Appropriation to the SW MN Initiative Foundation. All voted in favor.
Motion by Goodenow, seconded by Fenske to increase the amount of appropriations to the Historical Society to $26,200. All voted in favor.
Motion by Goodenow, seconded by Fenske to amend the amount of the 2010 appropriations to the Historical Society to $25,200. All voted in favor.
Motion by Nelson, seconded by Goodenow to set the 2010 Appropriation for the Ag Society at $13,700. All voted in favor.
Motion by Nelson, seconded by Fenske to set the 2010 appropriate for the Soil & Water Conservation District at $87,500. All voted in favor.
Motion by Goodenow, seconded by Ritter to accept the 2010 appropriations as amended. All voted in favor.
Motion by Goodenow, seconded by Ritter to set the levy at a 0% increase at $12,164,341. All voted in favor.
Motion by Goodenow, seconded by Ritter to allocate the remaining library savings to the Building and Improvement Fund in the Capital Improvement Fund in the proposed 2010 budget. All voted in favor.
Motion by Goodenow, seconded by Nelson to adopt the 2010 budget as amended. All voted in favor.
11:21 a.m. Motion by Goodenow, seconded by Fenske to close the meeting for Employee Reviews. All voted in favor.
11:40 a.m. Motion by Ritter, seconded by Goodenow to go out of closed meeting. All voted in favor.
Motion by Goodenow, seconded by Fenske to approve the 2010 elected officials salaries as follows:
2008 Actual $75,000.00
2009 Actual $75,000.00
2010 Actual $78,790.00
Pay Scale Low $62,573.76
Pay Scale High $87,606.75
2008 Actual $75,310.90
2009 Actual $75,310.90
2010 Actual $78,250.00
Pay Scale Low $57,173.10
Pay Scale High $80,043.51
2008 Actual $67,486.25
2009 Actual $67,486.25
2010 Actual $69,214.00
Pay Scale Low $69,214.10
Pay Scale High $49,429.13
2008 Actual $90,300.00
2009 Actual $90,300.00
2010 Actual $93,940.00
Pay Scale Low $74,238.82
Pay Scale High $103,968.80
2008 Actual $16,964.00
2009 Actual $16,964.00
2010 Actual $17,500.00
Pay Scale Low -------------
Pay Scale High -------------
Voting In Favor: Goodenow, Fenske, Stensrud, and Nelson. Opposed: Ritter. Motion carried 4-1
Stomberg -We need to set the Commissioners Salary and per diems for 2010. Stomberg handed out information on what other county commissioners are paid throughout the state.
Motion by Fenske, seconded by Goodenow to set the 2010 Annual Salary for the Lyon County Board Commissioners at $17,500 a year. In Favor: Fenske, Goodenow, and Stensrud Opposed: Ritter and Nelson. Motion carried 3-2.
Motion by Goodenow, seconded by Nelson to continue reimbursing the Lyon County Board Chairman an additional $200 per month. All voted in favor.
Motion by Fenske, seconded by Nelson to keep the 2010 Per Diems the same as the previous year. All voted in favor.
11:45 a.m. Commissioner Goodenow left the meeting.
Motion by Ritter, seconded by Nelson to adjourn until January 5, 2010. All voted in favor. Meeting was adjourned at 12:35 p.m.
Rodney Stensrud, Chairman
Attest: Loren Stomberg
Lyon County Administrator