Rock County Courthouse 9:00AMLaw Library December 29, 2003Special MeetingChair Boyenga called the meeting to order with all Commissioners present.Don Klosterbuer, County Attorney, led a discussion regarding the acknowledgement of receipt of notice from the City of Luverne of the termination of the Dispatch Agreement; the County Board took no action. The County Attorney presented and led discussion on Resolution No. 48-03; motion Hoime, seconded by Jarchow, to adopt Resolution No. 48-03, declared carried on a unanimous vote. RESOLUTION TO TERMINATE JOINT POWERS AGREEMENT FOR ROCK COUNTY SWIMMING POOLWHEREAS, Since September 2, 1975 the City of Luverne and the County of Rock have jointly operated a swimming pool and fitness facility known as the "Rock County Community Pool and Fitness Center" (hereinafter "Pool"), and, WHEREAS, The most recent joint powers agreement dated November 20, 1990, sets forth their respective obligations regarding the operation and funding of the Pool, and,WHEREAS, The City of Luverne has requested a review of this joint powers agreement and other joint powers agreements or contracts between the City of Luverne and the County of Rock, including a Joint Powers Agreement for Dispatching Services and Rental Agreement dated November 16, 1993, and, WHEREAS, At a joint meeting of the City and County held on December 1, 2003 the County agreed to review all joint powers agreements or contracts with the City, and, WHEREAS, The County believes that the various agreements and contracts between the City and County are best examined as a collective package so as to better understand and appreciate the net effect on the budgets of the City and the County and that approaching the negotiations on a piecemeal basis increases the likelihood of producing less desirable results and threatens the delivery of services, and, WHEREAS, The County is prepared to commence good faith discussions and negotiations regarding said agreements or contracts, and, WHEREAS, Prior to commencing any negotiations, the City of Luverne has notified the County that it has terminated the Joint Powers Agreement for Dispatching Services and Rental Agreement effective December 31, 2004, and, WHEREAS, The County believes that dispatch/record keeping services are a vital and essential service and must be continued to be provided even without funding contribution from the City of Luverne, and, WHEREAS, The unilateral decision by the City to terminate the Joint Powers Agreement for Dispatching Services and Rental Agreement originally enacted on May 5, 1969, will potentially result in lost revenue to the County of at least $150,000 for fiscal year 2005, and, WHEREAS, The County does not have other revenue sources to replace such lost revenue other than to increase the tax levy, if permitted by the State, and,WHEREAS, The County does not know if the State of Minnesota will impose levy limits or if the amount of assistance to local governments will be reduced for 2005, and, WHEREAS, The County must take reasonable and prudent steps to preserve its options to reduce spending for 2005 in the event the City makes an insufficient payment toward the cost of dispatch/record keeping services, and, WHEREAS, The County can reduce its expenditures and preserve funds to apply to the cost of providing dispatch/record keeping services by terminating its funding of the Pool, and, WHEREAS, Paragraph 11 of the November 20, 1993 Agreement provides for a one year notice to terminate the Agreement.NOW THEREFORE, BE IT RESOLVED BY THE COUNTY OF ROCK, as follows:1. The County believes that the services provided to its citizens by the Rock County Community Swimming Pool and Fitness Center are valuable and significantly contribute to the health and well being of its citizens and improve the over all quality of life within Rock County, including the City of Luverne. 2. The County is required to provide certain 911 services and believes that county dispatch/record keeping services are essential as they directly relate to providing assistance in emergency situations affecting life and property and that said services must be maintained and provided, even if it means reducing or eliminating other valuable services, including the Pool. 3. The County has no choice but to take precautionary and protective action to try and preserve sufficient funds from its finite revenues for 2005 to provide all essential services. The unilateral decision by the City to terminate the Joint Powers Agreement for Dispatch Services and Rental Agreement prior to even commencing negotiations with the County to reconsider said Agreement effectively eliminates a revenue source for the County.4. That in order to preserve sufficient options for the County to provide the maximum number of essential and desired services in 2005 and to meet the required notice period, it is necessary to give notice, and the County does hereby give such Notice to the City of Luverne to terminate the Joint Powers Agreement for Rock County Swimming Pool dated November 20, 1993, effective as of December 31, 2004. 5. The County Administrator is directed to cause a certified copy of this resolution to be served on the City by delivering a copy to the Mayor and the City Administrator. ADOPTED BY THE ROCK COUNTY BOARD OF COMMISSIONERS THIS 29TH DAY OF DECEMBER, 2003 AT A SPECIAL MEETING DULY CALLED AND HELD AT LUVERNE, MINNESOTA.The County Board also directed the Administrator to forward a copy of Resolution No. 48-03 to all members of the City Council and City Attorney. The County Board discussed the Assessing Agreement with the City of Luverne and acknowledged their counter proposal. On a motion by Wildung, seconded by Bakken, the County Board directed that a request be made to the Luverne City Council to form a committee consisting of the City Administrator, County Administrator, (2) County Commissioners, (2) City Council members to negotiate the assessing agreement, declared carried on a voice vote. The County Board Chair directed that commissioners from the Budget Committee, Boyenga and Jarchow, be designated to serve on that negotiating committee. Gloria Rolfs, Auditor/Treasurer, presented GASB 34 (Governmental Accounting Standards Board #34) policies to be adopted. Contents include Capital Asset Policy and Depreciation Schedule. Motion by Jarchow, seconded by Wildung, to approve the policies as presented with an effective of 01/01/04, declared carried on a voice vote. With no further business to come before the County Board, the meeting was declared adjourned. Ron Boyenga, Chairman of the BoardATTEST:Kyle J. Oldre, Clerk to the Board(1-8)
