May 17, 2011
UNOFFICIAL MINUTES- SUBJECT TO CORRECTIONS
LYON COUNTY BOARD OF COMMISSIONERS
LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN
April 19, 2011
9:00 a.m. Meeting was called to order by Chairman Fenske. Members present: Fenske, Ritter, Goodenow, Anderson, Stensrud, County Administrator Stomberg, Attorney Maes, County Auditor/Treasurer Van Overbeke.
Ritter moved, seconded by Stensrud to approve the agenda. All voted in favor.
Identify any Conflict of Interest
No conflict of interest identified.
Per Diems Expenses
1. Approve Minutes April 5, 2011
2. Approve Commissioner Warrants 124516-124622 in the amount of $160,161.43 dated 4/20/11.
3. Approve Auditor Warrants 124424-124471 in the amount of $126,131.67 dated 4/7/11 and 124484-124510 in the amount of $240,266.62 dated 4/14/11.
4. Approve Per Diems & Expenses
5. Authorize Advertising for Bids : Aggregate Processing
6. Authorize Advertising for Bids : Bituminous Materials
7. Authorize Advertising for Bids : Bituminous Patching materials
Ritter moved, seconded by Anderson to approve the consent agenda. All voted in favor.
Anderson moved, seconded by Ritter to approve and authorize the Chair to sign a contract with Sentence to Service. All voted in favor.
Stensrud moved, seconded by Ritter to approve the resolution and authorize the Chair to sign a resolution appointing Bill Ufkin and Mitch Kling to Lincoln Pipestone Rural Water System Board. Anderson Are these approved on a rotating basis from Lyon County? Ufkin is a Minneota name but what about Kling? Fenske Their Board brings them.
Voting in Favor: Anderson Stensrud Ritter Fenske
Motion carried 4 to 1.
Anderson moved, seconded by Goodenow to approve and authorize the Chair to sign a resolution declaring May mental health awareness month. All voted in favor.
Stensrud moved, seconded by Ritter to approve and authorize the Chair to sign a resolution requesting Lyon County be included in the State of Minnesota request for a Presidential Disaster Declaration for expenses incurred by Lyon County under the Public Assistance Program. All voted in favor.
Goodenow moved, seconded by Ritter to approve abatement of a portion of the taxes payable in 2011 for Turkey Valley Farms. All voted in favor.
10:15 Meeting Recessed
10:30 Meeting Called Back to Order
Goodenow moved, seconded by Anderson to set the appliance recycling fee from $0 to $15 depending on the cost. All voted in favor.
Stensrud moved, seconded by Goodenow to establish the fees for E-Waste Collection day at Public Works on Wednesday May 18, 2011. All voted in favor.
Goodenow moved, seconded by Anderson to approve and authorize the Chair to sign an agreement with MNDOT and the City of Cottonwood. All voted in favor.
10:38 a.m. Commissioner Stensrud left the meeting.
Anderson moved, seconded by Ritter to accept the low bid of $2,139,943.61 from McLaughlin & Schulz, Inc for SAP 42-603-24, SAP 42-603-25, SAP 42-607-25, SAP 42-615-14. All voted in favor.
Goodenow moved, seconded by Ritter to accept the annual report for the Highway Department. All voted in favor.
10:41 a.m. Commissioner Stensrud returned to the meeting.
Goodenow moved, seconded by Ritter to approve the Public Work's Director's recommendations for the public works department.
Voting in Favor:Ritter Goodenow Fenske
Opposed: Anderson Stensrud
Motion carried 3 to 2.
11:30 a.m. Public Hearing for West Twin Lake Park
Biren Today we are asking the board to consider a water surface use ordinance for West Twin Lake. In 2007 the park board has been discussing purchasing this land. We purchased this land to develop. One of the items is a water quality.
In summary this Ordinance is enacted for the purpose to control and regulate the use of all waters during open water conditions of West Twin Lake located within Lyon County. The intent of the ordinance is to regulate the operation of watercraft by not allowing the use of gasoline powered motors for mobility. Electric motors are a permissible motor for mobility. Any person who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor. The ordinance shall be effective May 14, 2011.
12:11 p.m. Public Hearing Closed
Goodenow moved, seconded by Anderson to approve the water surface use ordinance for West Twin Lake; Shelburne Township. Maes This one was used in part from another county and when I read through this my thought was the ordinance covered things that were already given by law but it is good to include that. Also, I think this may have come in part of off an amended one not an initial one. When you adopt the ordinance in the first part third line it talks about Commissioners on today's date and to be effective on May 14. In the exception, I didn't know if you wanted to include authorize law enforcement personnel, emergency responders and government resource management personnel acting in the course of their duties just two words.
Finally I don't know about originally passed maybe this ordinance is adopted by the board on this date and effective May 14. Fenske Would you add these changes? Goodenow Yes. Anderson I would like to see to that we can tweek this and I would like someone to come back. I would like to revisit this in February. Maybe look at the no wake. Ritter Once it is in place I think it is going to be hard to change anything. Goodenow It is more difficult to allow it to start and then don't do it. Anderson If we start out then we can always go the other way. Ritter If you don't have an updated ramp. Anderson If the fishing is good there people will find a way to get a boat on that lake. Ritter I think it is premature to do it before it is decided on what the rest of the development is going to be. Stensrud If you can limit it to one or two boats but how do you monitor that. Goodenow That is an interesting idea. Ritter If Section Line Lake it sounds like that would be an option. All voted in favor.
Goodenow moved, seconded by Fenske to approve hiring summer help for Public Works Projects. Anderson Because of child labor laws they have to be 16 for parks and on the highway side they have to be 18. Kanwar For highway it has been 18. All voted in favor.
Anderson moved, seconded by Ritter to put the Cottonwood property on the May 31 auction. All voted in favor.
Goodenow moved, seconded by Ritter to approve and authorize the Chair to sign a Plum Creek Library Joint Powers Agreement. All voted in favor.
Stensrud moved, seconded by Goodenow to approve employee participation in a free health screening. All voted in favor.
Goodenow moved, seconded by Stensrud to approve using tobacco funds to pay for AED/CPR training for employees. All voted in favor.
Fenske set a strategic planning meeting for 9:00 a.m. on May 10.
1:20 p.m. Ritter moved, seconded by Goodenow to adjourn. All voted in favor.
Robert Fenske, Chairman
Attest: Loren Stomberg
Lyon County Administrator