FARIBAULT COUNTY

BOARD OF COMMISSIONERS

OFFICIAL PROCEEDINGS

DECEMBER 18, 2007

The Faribault County Board of Commissioners met pursuant to the recess of November 6, 2007 at the Courthouse in the City of Blue Earth at 9:00 a.m. on December 18, 2007. The following members were present: Butch Erichsrud, Bill Groskreutz, Tom Loveall, Barb Steier, and Tom Warmka, Commissioners. County Auditor John Thompson and County Attorney Brian Roverud were also present.

The meeting was called to order by Chairman Warmka.

The pledge of allegiance was recited.

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Loveall/Groskreutz motion carried unanimously to approve the synopsis and official proceedings of the December 4, 2007 regular meeting.

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Groskreutz/Steier motion carried unanimously to approve agenda of December 18, 2007.

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The calendar was updated. No member of the public appeared to make comment.

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Committee reports were given. Steier reported on Minnesota Valley Action Council; Steier and Loveall reported on personnel; Groskreutz reported on South Central Workforce and Community Health Meeting in St Peter; Loveall and Groskreutz reported on Transit; and Warmka reported on Rural Energy board, Tim Walz meeting in Wells, and the Association of Minnesota Counties board.

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Recognition was given to the following employees for length of service: Gary Hill of Public Works, Alice LaMont of the Auditor’s office, and Kathy Thompson of the Driver’s License Bureau for 25 years of service; George Murphy of Public Works, Nancy Huff of the Recorder’s office, and Dave Frank of the Treasurer’s office for 20 years of service; and Kurt Pearson of Public Works and Clara Vereide of the Central Services office for 15 years of service.

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Treasurer Dave Frank met regarding office business.

Steier/Groskreutz motion carried unanimously to approve an SSTS loan of $11,360 to Joan Abraham, Sandra Abraham, Kathryn Kraft, and Diane Tvedten on Parcel No. 07.011.0500 in Elmore Township.

An update on county investments was presented.

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Zoning Administrator Bruce Blakesley met regarding office business. An official feedlot notification hearing was held for the John Eilertson feedlot application.

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Public Works Director John McDonald met regarding office business.

Loveall/Steier motion carried unanimously to approve Resolution 07-RB9-42 an agreement for the installation and maintenance of railroad crossing at the intersection of 170th Street (CSAH 10). Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

BE IT RESOLVED, that the County of Faribault enter into an agreement with the Iowa, Chicago, and Eastern Railroad, Inc. and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals/gates at the intersection of 170th Street (CSAH 10) with the tracks of the Iowa, Chicago, and Eastern Railroad, Inc. in Huntley, Faribault County, Minnesota and appointing the Commissioner of Transportation agent for the County to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36. The County’s share of the cost shall be 10 percent of the total signal costs.

Steier/Loveall motion carried unanimously to approve Resolution 07-RB10-43 for final payment to Fairway Construction for gravel crushing on CP 05-60-10 in the amount of $15,219.18. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

WHEREAS, CP 05-60-10 has in all things been completed, and the County Board being fully advised in the premises,

NOW THEN, BE IT RESOLVED that we do hereby accept said completed project for and in behalf of the County of Faribault and authorize final payment of $15,219.18 to Fairway Construction.

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Groskreutz/Loveall motion carried unanimously to approve Resolution 07-CB-44 setting the 2008 budget at $17,782,325 in revenues and $18,569,390 in expenditures. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

WHEREAS, The Faribault County Board of Commissioners has considered the financial needs of Faribault County,

BE IT THEREFORE RESOLVED that the budget of Faribault County for 2008 will be set at $17,782,325 in revenues and $18,569,390 in expenditures.

BE IT FURTHER RESOLVED that a copy of said budget be kept on file in the Office of the County Auditor for public inspection.

Loveall/Groskreutz motion carried unanimously to approve Resolution 07-CB-45 setting the 2008 levy of $7,953,506 before Program Aid adjustments and $7,230,268 after Program Aid reductions for taxes payable in 2008. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

WHEREAS, the Faribault County Board of Commissioners has passed a proposed budget for 2008,

BE IT THEREFORE RESOLVED that Faribault County hereby approves a proposed levy of $7,953,506 before Program Aid adjustments and $7,230,268 after Program Aid reductions for taxes payable in 2008.

BE IT FURTHER RESOLVED that the levy be appropriated to the proper funds as follows:

General Fund 4,324,406

Public Works Fund 1,130,000

Humans Services Fund 1,580,000

Library Fund 187,100

Debt Service 732,000

BE IT FURTHER RESOLVED that the program aid of $723,238 as certified by the Minnesota Department of Revenue be subtracted from the General Fund when calculating the spread levy.

BE IT FURTHER RESOLVED that a certified copy of said levy will be on file with the County Auditor of Faribault County.

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Mike Kearns of CAM Inc updated the board on the opening of bids for the Law Enforcement Center (LEC). Kearns requested that the construction manager be given some extra time. Awarding of the bids was delayed until January 8, 2008. The board will consider LEC bids at that time.

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Citizen committee appointments for terms ending December 31, 2007 were considered. Action was delayed until the first meeting in January 2008.

Loveall/Steier motion carried unanimously to appoint Tim Hynes of Winnebago to a three year term ending December 31, 2010 on the Library Board as District 4 representative.

Groskreutz/Loveall motion carried unanimously to accept Kyle McArthur’s resignation from his term ending December 31, 2009 on the Housing and Redevelopment Agency board.

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Steier/Loveall motion carried unanimously to approve the solid waste/recycling license renewals of B&B Sanitation, Frantum Sanitation, LJP Enterprises, Inc., Mason City Recycling Center, City of Minnesota Lake, Thompson Sanitation Inc., and Waste Management.

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Groskreutz/Loveall motion carried unanimously to approve request from J. Franzen to attend a one day grading & basic recertification in Mankato; S. Cory to attend a one day ACS tax new year training session in New Ulm; and J. McDonald to attend a 4-day county engineers conference in Brainerd.

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The operation of the aerator in Rice Lake near Wells was discussed. Liability issues with the aerator were discussed. The cost is increasing and the Wells Sportsman Club no longer wishes to pay the bill. No action was taken.

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Groskreutz/Loveall motion carried unanimously to approve Resolution 07-CB-46 regarding drainage assessments for payable 2009 taxes. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

Whereas, The Faribault County Board of Commissioners has determined drainage assessments for repair of ditches thru September 30, 2007 and

Whereas, repairs have been on systems from October through December 18, 2007

Be it Resolved that the following assessments be placed on said drainage systems with the amount due and payable on the 2009 tax rolls. The board reserves the right to adjust these assessments for repairs made in 2008,

Be it further resolved that no interest be accrued until December 1, 2008.

JD 4 / $ 2,100
JD 6F & Imp / $ 3,260
JD 7M&F / $ 5,000
JD 11 / $ 2,350
JD 12 M&F / $ 5,600
JD 13F & BrA / $ 30,500
JD 22 / $ 1,350
JD 26 / $ 1,700
JCD 201 M&F / $ 9,500
JCD 204 M&F / $ 10,115
JCD 301 / $ 421,000
CD 7 / $ 2,500
CD 7 Imp / $ 2,500
CD 21 & Imp / $ 6,285
CD 23 / $ 600
CD 23 Imp / $ 600
CD 25 / $ 775
CD 26 / $ 350
CD 30 / $ 2,700
CD 34 / $ 3,340
CD 39 / $ 800
CD 42 / $ 880
CD 44 / $ 3,750
CD 46 / $ 300
CD 60 / $ 3,670
CD 65 / $ 4,300
CD 70 / $ 900
CD 77 / $ 420
CD 80 / $ 13,150
CD 86 / $ 250
$ 538,445

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Loveall/Groskreutz motion carried unanimously to approve Resolution 07-CB-47 amending the 2007 budget. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

Whereas, certain projects conducted by the Faribault County Board of Commissioners were not included in the certified 2007 budget and

Whereas, the Office of the State Auditor recommends that budgets be amended to reflect significant changes in Faribault County spending

Be it Resolved that the following be added to the certified 2007 budget and be classified as amended budget revenues and/or expenditures

Law Enforcement Project - $10,000,000 added in bond proceeds and $10,000,000 in capital expenditures

Huntley Sewer Project - $732,000 in state grants, $732,000 in federal grants and $112,050 in deferred special assessments and $1,576,050 in capital costs.

Be it further resolved that the County Auditor title these changes as “Amended 2007” Budget and keep a copy on file in that office.

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Groskreutz/Steier motion carried unanimously to approve Resolution 07-CB-48 authorizing the auditor to pay bills at 2007 year end. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

Be it Resolved that the Faribault County Board of Commissioners hereby authorizes the County Auditor to pay bills submitted by December 26, 2007 before the end of the current year. The Auditor shall present a list of bills paid to the board before the first meeting in 2008.

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Steier/Loveall motion carried unanimously to approve Resolution 07-CB-49 to advance funds to ditch accounts. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

Be it Resolved that the Faribault County Board of Commissioners hereby authorizes the Auditor to make advances to ditch accounts with negative balances as of December 31, 2007 as recommended by the Auditor.

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Loveall/Steier motion carried unanimously to approve change order #2 for the Contract with Gaub, Inc for the Huntley Sewer Project to show a reduction of $37,910.94 for a final contract amount of $1,348,985.

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Steier/Loveall motion carried unanimously to approve Resolution 07-CB-50 setting the salary for the Board of Commissioners at $17,238.66, per diems at $80 per day, and the mileage as set by the Internal Revenue Service. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

WHEREAS, Chapter 301 of Session Laws 1975 provides for a method of determining county commissioner's compensation, per diem and expense allowance; and,

WHEREAS, The resolution establishing the salary, schedule of per diem payments and expense allowances must be adopted by the County Board of Commissioners prior to January 1 of each year to become effective on January 1 of the next following year; and,

WHEREAS, The County Board of Commissioners of Faribault County, after due deliberation and consideration, has determined the annual salary, schedule of per diem payments and expense allowance that will be effective January 1, 2008, and thereafter until changed by resolution of the said Board in a manner as provided by law.

NOW, THEREFORE, BE IT RESOLVED, By the County Board of Commissioners of Faribault County as follows:

1. That the annual salary of each County Commissioner of Faribault County shall be the sum of $17,238.66 beginning January 1, 2008, payable in not less than bi-weekly increments, less deductions as authorized or required by law, and shall be paid to such Commissioner during the interval as he or she is qualified to hold office.

2. That each individual County Commissioner shall be paid a per diem of $80 per day, after making application therefore, who, by proper designation for authorization has served on any board, committee or commission of county government, including committees of the Board, or for the performance of services when required by law for any of the following work, service or activity:

Human Services Board and/or Committee

Representative on the Council on Aging

County Extension Committee

South Central Private Industry Council (PIC) Joint Powers Board

County Fair Board

County Weed-Crop Inspection

County Commissioner's Highway Committee

County Representative MnDOT Advisory Committee

County Representative Minnesota Transportation Alliance

County Commissioners as Road, Drainage Inspectors or Fence Viewers

County Land Classification and Appraisal Committee

Forfeited Tax Sale Proceedings, including Appraisals

Planning and Zoning Commission

County Building, Building Maintenance and Equipment Committee