Official Proceedings of the Nobles County Board - 6/8/2010 - The Globe | News, weather, sports from Worthington, Minnesota

By Daily Globe News

June 25, 2010 at 11:00 PM

OFFICIAL PROCEEDINGS OF THE COUNTY BOARD OF NOBLES COUNTY, MINNESOTA

The County Board of Nobles County met in regular session this 8th day of June, 2010, in the Board of Commissioners Room, at the Nobles County Government Center, Worthington, Minnesota. The following Commissioners were in attendance: David Benson, Diane Thier, Vern Leistico, Gene Foth and Marvin Zylstra.

The Pledge of Allegiance to the flag was recited.

On a motion by Vern Leistico seconded by Gene Foth, it was duly passed to approve the agenda.

On a motion by Diane Thier and seconded by David Benson, it was duly passed to approve the Official Proceedings of the May 25th, 2010 County Board meeting.

Robin Weis & Joanne Bartosh, RSVP, presented the Board with information and an update on the Retired & Senior Volunteer Program.

Holli Arp, Regional Extension Director, presented the Board with information and a recommendation in the area of the memorandum of agreement.

On a motion by Gene Foth and seconded by Marvin Zylstra, it was duly passed to authorize the Chairperson to sign, on behalf of Nobles County, a three year (2011-2013) memorandum of agreement with the University of Minnesota to provide extension programs. A copy of the agreement was before the Board and is made a part of this resolution by reference.

Dan Anderson, Emergency Management Director, presented the Board with information and a recommendation in the area of the 2010 Emergency Management Performance Grant.

On a motion by David Benson and seconded by Diane Thier, it was duly passed to authorize the Chairperson and Deputy County Administrator to sign, on behalf of Nobles County, the 2010 Emergency Management Performance Grant in the amount of $21,316.00. A copy of the grant agreement was before the Board and is made a part of this resolution by reference.

Steve Schnieder, Public Works Director, presented the Board with information and recommendations in the area of Public Works.

On a motion by Diane Thier and seconded by Vern Leistico, it was duly passed to approve Conditional Use Permit #06-2010 to Ken Wolf, Adrian, MN for a the construction of a 41' x 132' total confinement barn and a compost structure to be located in the NW ¼ of SE ¼ of Section 35, Township 102, Range 43 (Westside Township) as recommended by the Nobles County Planning Advisory Commission.

On a motion by Gene Foth and seconded by David Benson, it was duly passed to adopt the following resolution:

BE IT RESOLVED by the County Board of Commissioners of Nobles County, Minnesota (the "Sponsor"), as follows:

Section 1. Authorization and Findings.

1.01. The Sponsor, a political subdivision of the State of Minnesota is authorized and empowered by the provisions of Minnesota Statutes, Sections 103F.701 to 103F.761, as amended (the "Act"), to borrow money from the Minnesota Pollution Control Agency (the "MPCA") for the purpose of funding a revolving loan program under the Minnesota Clean Water Partnership, as provided in the Act. The Sponsor proposes to enter into a financing agreement (the "MPCA Agreement") with the MPCA pursuant to which the Sponsor shall borrow money from the MPCA (the "MPCA Loan") from time to time and lend the proceeds thereof to persons entitled to receive such loans under the MPCA Agreement ("Eligible Participants"), or may agree that loans to the Eligible Participants will be made by local lending institutions ("Eligible Lenders"), such loans to be documented by loan agreements between the Sponsor and each Eligible Participant or Eligible Lender (the "Project Loan Agreements"), in furtherance of the "Project Work Plan" as provided in the MPCA Agreement. The Sponsor may at any time determine to make project loans directly to Eligible Participants, rather than through Eligible Lenders, and in such case the references herein to Eligible Lenders and Project Loan Agreements shall be deemed to refer to Eligible Participants and the loan agreements between the Sponsor and the Eligible Participant.

1.02. The Sponsor is authorized to borrow money and issue its general obligation note (the "Note") to the MPCA under the Act, in evidence of the MPCA Loan. Under the Act, no election is required to authorize the issuance of the Note, and the Note shall not constitute an indebtedness of the Sponsor within the meaning of any constitutional or statutory provisions or limitations. The Chairperson and County Administrator are hereby authorized to approve the final terms of the Note, and their execution and delivery of the Note shall evidence such approval. The terms of the Note, as so executed and delivered, shall be deemed to be incorporated herein by reference.

1.03. The Sponsor intends to make loans in amounts which will require the Sponsor to issue the Note in an aggregate principal amount not exceeding $400,000, but recognizes that the MPCA Agreement referred to in Section 1.02 hereof permits the Sponsor to draw up to $150,000 on the Note at this time. The remaining $250,000 (or so much thereof as may be required) principal amount of the Note may be drawn only when the Sponsor and the MPCA have executed a new or amended MPCA Agreement permitting additional amounts to be drawn on the Note.

1.04. The execution and delivery of the MPCA Agreement, the form of which is attached hereto as Exhibit A, is, in all respects, hereby authorized, approved and confirmed, and the Chairperson and County Administrator are hereby authorized and directed to execute and deliver the MPCA Agreement in the form and content attached hereto as Exhibit A, with such changes as the Sponsor's Attorney deems appropriate and approves, for and on behalf of the Sponsor. The Chairperson and County Administrator are hereby further authorized and directed to implement and perform the covenants and obligations of the Sponsor as set forth in or required by the MPCA Agreement.

1.05. The execution and delivery of the Project Loan Agreements and the pledging of the loan payments thereunder for the security of the Note and the interest thereon shall be, and they are, in all respects, hereby authorized, approved and confirmed, and the Chairperson and County Administrator are hereby authorized and directed to execute and deliver, from time to time, the Project Loan Agreements in such form and content as the County Attorney deems appropriate and approves, for and on behalf of the Sponsor. The Chairperson and County Administrator are hereby authorized to approve the final terms of each Project Loan Agreement, and their execution and delivery of such Project Loan Agreement shall evidence such approval.

1.06. Capitalized terms used but not defined herein shall have the meanings given thereto in the MPCA Agreement.

Section 2. The Note.

2.01. The Sponsor has determined that it is necessary and expedient that the Sponsor issue at this time a Note to be designated "General Obligation Note (MPCA) (Rock River Replacement SSTS Loan Program/Nobles County), Series 2010" (the "Note") to provide moneys to lend to Eligible Participants or Eligible Lenders through the Project Loan Agreements from time to time as the Sponsor shall determine. Pursuant to the Project Loan Agreements, Eligible Participants are required to use the proceeds of the Loan for costs of projects permitted under the MPCA Agreement, and the Eligible Lenders are obligated to use the proceeds of the Lender Loans to make loans to Eligible Participants, as defined in the Project Loan Agreements. The Note shall be substantially in the form attached hereto as Exhibit B; the aggregate principal amount of the Note shall not exceed $400,000; provided that only $150,000 may be drawn under the Note until authorized by a new or amended MPCA Agreement. The principal balance of the Note from time to time shall be an amount equal to the aggregate of all MPCA Loan advances theretofore made under the MPCA Agreement, less the amount of any principal repayments or redemptions theretofore made under Sections 2.02 or 2.03 hereof. If the full amount of the MPCA Loan has not been advanced under the MPCA Agreement by June 15, 2013, or such later date as may be provided in a new or amended MPCA Agreement, the MPCA shall, under the provisions of the MPCA Agreement, reduce the principal amount of the MPCA Loan to an amount equal to the total loan amount then and theretofore advanced, and shall prepare and provide to the Sponsor revised Repayment Schedules for the MPCA Loan. Upon such action by the MPCA, the aggregate principal amount of the Note shall be limited to the principal amount of the corresponding MPCA Loan, and the revised Repayment Schedules shall be deemed to have replaced and superseded the payment schedule of the Note set forth in Section 2.02(c).

2.02. (a) The Note shall bear a date of original issue as of the date of its execution and delivery to the MPCA.

(b) The Note shall bear interest from its date of original issue at an interest rate of 2% per annum, unless any payment provided for in paragraph (c) below is not paid when due, in which case the principal balance of the Note shall bear interest at the rate of 4% per annum, commencing on the day following the date on which such payment was due and continuing until the date on which payment in full thereof is actually received by the MPCA.

(c) The principal balance of the Note, plus the interest which has accrued on the Note at an interest rate of 2% per annum shall be payable in semiannual installments of $8,644.79 each, payable on June 15 and December 15 in each year, commencing June 15, 2013 (the "Note Payment Dates"). If the Sponsor satisfies the conditions specified in Sections 1.03 and 2.01, and draws amounts in excess of $150,000 on the MPCA Loan, the schedule and amounts of the semi-annual installments shall be amended as provided in the new or amended MPCA Agreement. Interest, if any, which has accrued on the Note at a rate in excess of 2% per annum shall be payable on each Note Payment Date in addition to the regularly scheduled payment of principal and interest on the Note.

2.03. The principal balance of the Note is subject to redemption and prior payment at the option of the Sponsor on any date, upon not less than thirty (30) days written notice to the MPCA, in whole or in part in such amounts as the Sponsor may determine at a redemption price equal to the principal amount being redeemed, together with any accrued interest to the redemption date. If less than all of the principal balance is to be redeemed and prepaid, the Sponsor may elect, in the notice of redemption, to reduce the amount of or eliminate specified semiannual payments; if the Sponsor does not specify otherwise, any partial prepayment will be applied to reduce the amount of the semiannual payments in inverse order of their due dates. Partial redemptions and prepayments shall be made in increments of $1,000 principal amounts and in minimum amounts of $1,000.

Section 3. Granting Clauses. The Sponsor, in order to secure the payment of the principal of and interest (if any) on the Note and the performance and observance of each and all of the covenants and conditions herein and therein contained, and for and in consideration of the premises and of the purchase and acceptance of the Note by the MPCA, and for other good and valuable considerations, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, assign, transfer, convey, warrant, pledge and set over, unto the MPCA and to its successors a lien on, security interest in and pledge of the interests of the Sponsor in all Project Loan Agreements hereafter entered into between the Sponsor and Eligible Participants or Eligible Lenders in connection with Loans authorized hereby, and all payments of principal, premium (if any) and interest thereon, and all proceeds thereof. If the Sponsor shall well and truly pay or cause to be paid the principal of the Note and the interest, if any, due or to become due thereon, at the times and in the manner mentioned in this Resolution and the Note, or shall provide for the payment thereof by depositing with the MPCA sums sufficient to pay the entire amount due or to become due thereon, and shall well and truly keep, perform and observe all the covenants and conditions pursuant to the terms of the MPCA Agreement and this Resolution, to be kept, performed and observed by it and shall pay to the MPCA all sums of money due or to become due to it in accordance with the terms and provisions hereof; then upon such final payment the lien, security interest and other rights hereby granted shall cease, determine and be void.

Section 4. Application of Note Proceeds and Other Moneys; Loan Fund; and Loans.

4.01. The proceeds of the Note shall be equal to, and deemed to be received by the Sponsor at the same time as, the advances of the corresponding MPCA Loan under the corresponding MPCA Agreement. Such proceeds shall be deposited, as received, in the Loan Fund, which is hereby established as a separate bookkeeping account on the books of the Sponsor. Once each month, the Sponsor will determine the amount necessary to fund Loans to Eligible Participants or Eligible Lenders based on Project Loan Agreements entered into subsequent to the last request by the Sponsor for an MPCA Loan advance under the MPCA Agreement, and shall submit a request, in accordance with the MPCA Agreement, for an MPCA Loan advance in the amount necessary to fund such Loans.

4.02. Amounts on deposit in the Loan Fund shall be used to make Loans to Eligible Participants or Eligible Lenders in accordance with Project Loan Agreements, or to pay the principal and interest on the Note. No amounts in the Loan Fund which are required to be disbursed to an Eligible Participant or Eligible Lender under a Project Loan Agreement may be used to pay principal or interest on the Note.

Each Loan shall be made in accordance with the terms of a Project Loan Agreement and the MPCA Agreement. The interest rate and repayment terms of the Loans shall be determined by the Sponsor in accordance with the MPCA Agreement and applicable rules of the MPCA. The proceeds of each Loan must be expended for eligible costs under the Program (including any applicable federal law) and the MPCA Agreement.

Amounts on deposit in the Loan Fund shall be disbursed by the Sponsor pursuant to Participant or Lender Request. The Sponsor shall have no obligation to see to the proper application of the proceeds of the Loans.

Section 5. Funds and Accounts.

5.01. There are hereby established the following Funds and Accounts:

(a) Loan Fund, as described in Section 4.02 hereof; and

(b) Note Fund, as described in Section 5.02 hereof.

The Sponsor may also establish by resolution or otherwise within each Fund one or more separate Accounts or Subaccounts relating to a particular Loan or for other purposes.

5.02. Upon receipt of a payment of principal or interest on a Loan, the Sponsor shall deposit such principal and interest in the Note Fund. On or prior to each Note Payment Date, the Sponsor shall withdraw from the Note Fund and pay to the holder of the Note amounts sufficient to pay the principal and interest (if any) on the Note due on such Note Payment Date, including any principal of the Note which has been called for prior redemption.

5.03. For the prompt and full payment of the principal of and interest, if any, on the Note as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Sponsor shall be and are hereby irrevocably pledged. It is, however, presently estimated that the revenues appropriated pursuant to Section 5.02 hereof will provide sums not less than 5% in excess of principal and interest on the Note when due, and therefore no tax levy is presently required.

Section 6. Particular Covenants of the Sponsor. The Sponsor covenants and agrees, so long as the Note shall be Outstanding and subject to the limitations on its obligations herein set forth, that:

(a) It will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution and in the Note; and will promptly pay the principal of and interest, if any, on the Note on the dates, at the places and in the manner prescribed in the Note.

(b) All Loans to Eligible Participants or Eligible Lenders with the proceeds of the Note or from other funds in the Loan Fund shall be evidenced by Project Loan Agreements. The principal of and interest on the Loans shall be due and mature at the times and in the amounts and bear interest at the rates sufficient, with other available funds hereunder, to provide for payments, when due, of principal of and interest on the Note issued hereunder. The Sponsor shall diligently enforce, and take all reasonable steps, actions and proceedings necessary for the enforcement of, all terms, covenants and conditions of all Loans and all Project Loan Agreements with Eligible Participants or Eligible Lenders relating thereto.

(c) The Sponsor shall keep proper books of record and account in which complete and correct entries shall be made of its transactions relating to all Loans and payments and all Funds and Accounts and subaccounts established by this Resolution, which shall at all reasonable times be subject to inspection by the MPCA or their representatives duly authorized in writing.

(d) The Sponsor shall annually, on or before February 1 in each year, prepare and place on file a copy of an annual report for the preceding twelve-month period ended as of the preceding December 31, setting forth in reasonable detail:

(i) a schedule of Loans, Loan payments and the status of the Funds and Accounts established by this Resolution; and

(ii) a schedule of remaining payments and the principal balance of the Note outstanding at the end of such year, together with a statement of the amounts paid, redeemed and advanced during such year.

The report shall also include statements as to a description of the nature of any defaults with respect to any of the Loans.

(e) The Sponsor shall not cause or permit any funds received under the Project Loan Agreements or held in any of the Funds or Accounts established hereunder to be applied in a manner which is in violation of any provisions of the Clean Water Act.

(f) The Sponsor will faithfully keep and observe all the terms, provisions and covenants contained in the MPCA Agreement, this Resolution and the Project Loan Agreements.

Section 7. Certification of Proceedings.

7.01. The County Administrator is hereby authorized and directed to file a certified copy of this resolution in the records of the Sponsor, together with such additional information as required, and to file a certified copy of this resolution with the County Auditor/Treasurer of the County in which the Sponsor is located and obtain from the County Auditor/Treasurer a certificate that the Note has been duly entered upon the County Auditor/Treasurer's bond register.

7.02. The officers of the Sponsor are hereby authorized and directed to prepare and furnish to the MPCA and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the Sponsor relating to the Note and to the financial condition and affairs of the Sponsor, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Note as they appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Sponsor to the facts recited herein.

On a motion by Marvin Zylstra and seconded by Diane Thier, it was duly passed to adopt the following resolution:

WHEREAS, Nobles County has established a policy for the closing of county highways for parades and special events; and,

WHEREAS, Jim Naumann, as representative of the City of Brewster, has submitted, on their behalf, an application for a parade permit.

NOW THEREFORE, BE IT RESOLVED, that the parade permit application dated May 20th, 2010 for the City of Brewster is hereby granted.

On a motion by David Benson and seconded by Diane Thier, it was duly passed to schedule a public meeting for July 6th at 9:00 a.m. to receive input from benefitted property owners on the proposed clean out of County Ditch 2 located in Ransom Township.

On a motion by Diane Thier and seconded by Vern Leistico, it was duly passed to deny the request for a special farm products over weight permit.

In Favor: Diane Thier, Vern Leistico, Marvin Zylstra, David Benson

Opposed: Gene Foth

On a motion by David Benson and seconded by Gene Foth, it was duly passed that sealed proposals will be received by the Board of Commissioners of Nobles County, Minnesota, at the office of the County Administrator, Nobles County Government Center, 315 Tenth Street, P.O. Box 757, Worthington, MN 56187, until 1:30 p.m., July 15, 2010, for the following work:

S.A.P. 53-601-16 located between CSAH 36 and Brewster, being approximately 2.657 miles in length.

S.A.P. 53-602-03 located between CSAH Sec. 35-T101N-R41W (Nobles County Minnesota) and Sec. 8-T100N-R41 W (Osceola County Iowa), being approximately 0.076 miles in length.

S.A.P. 53-602-05 located between CR 65 and CSAH 37 being approximately 2.338 miles in length.

S.A.P. 53-619-22 located within Sec. 5-T104N-R43W being approximately 0.076 miles in length.

S.A.P. 53-627-08 located in Rushmore, MN from County Road 73 (Thompson Ave./ First Ave.) to CSAH 27 (Thompson Ave. / Fourth Ave.) being approximately 0.24 miles in length.

S.A.P. 53-598-10 located between Section 6 and 7-T104N-R41W being approximately 0.185 miles in length

SAP 53-598-11 located between Sec.10-T103N-R42W and Sec. 15-T103N-R42W being approximately 0.076 miles in length

SAP 53-599-183 located between Sec. 26-T104N-R40W and Sec. 27-T104N-R40W being approximately 0.095 miles in length

CP 6503 located between CSAH 13 and CSAH 2 being approximately 2.709 miles in length

CP 7301 located in Rushmore, between South Avenue and CSAH 27 being approximately 0.163 mile in length

Major Quantities are: Plant Mix Bituminous 24,565 tons, Precast Concrete Box Culvert 732 Lin. Ft., Precast End Sections 24 Each., Common Borrow 8,349 C.Y., Concrete Curb and Gutter (B624) 2694 Lin. Ft., Concrete Flatwork 1765 S.Y. and Sod 2075 S.Y.

Sharon Balster, Auditor-Treasurer, presented the Board with information and recommendations in the areas of county canvassing board, election boards and local option disaster abatements and credits.

On a motion by Gene Foth and seconded by David Benson, it was duly passed to appoint Commissioners Leistico and Thier to the County Canvassing Board for the 2010 Primary and General Elections.

On a motion by Gene Foth and seconded by David Benson, it was duly passed to adopt the following resolution:

WHEREAS, Minnesota Statutes 203B.121 authorizes that the governing body of any county must authorize an absentee ballot board by resolution to process regular absentee ballots; and

WHEREAS, the absentee ballot board shall take possession of all return envelopes delivered to them in accordance with section 203B.08 during the 46 days before the election for processing and must examine all return envelopes in the manner provided in M.S. 203B.121; and

WHEREAS, the absentee ballot board must consist of a sufficient number of election judges trained in the handling of absentee ballots and appointed as provided in Minnesota Statutes Sections 204B.19 to 204B.22. The board may include staff trained as election judges; and

WHEREAS, this Board will consist of Nobles County Auditor-Treasurer's Office staff, appointed and certified election judges; and

NOW, THEREFORE, BE IT RESOLVED, by the Nobles County Board that an Absentee Ballot Board with the authority granted by Minnesota Statutes 203B.121 be and hereby is established for all elections.

On a motion by David Benson and seconded by Marvin Zylstra, it was duly passed to adopt the following resolution:

WHEREAS, Federal law provides an absentee voting process for absentee voters who are in the military, and United States citizens who are temporarily or permanently outside of the U.S. known as the UOCAVA (Uniformed Overseas Citizens Absent Voting Act).

WHEREAS, Minnesota Statutes authorizes the formation of a UOCAVA Absentee Ballot Board by resolution to immediately process UOCAVA absentee ballots; and

WHEREAS, the UOCAVA absentee ballot board must receive all return envelopes during the 46 days before the election for processing and must examine all return envelopes in the manner provided in M.S. 203B.24; and

WHEREAS, the UOCAVA absentee ballot board must consist of a sufficient number of election judges trained in the handling of UOCAVA absentee ballots and appointed as provided in Minnesota Statutes Sections 204B.19 to 204B.22. The board may consist of staff trained and certified as election judges;

WHEREAS, this Board will consist of Nobles County Auditor-Treasurer's Office staff, appointed and certified election judges; and

NOW, THEREFORE, BE IT RESOLVED by the Nobles County Board that an UOCAVA Absentee Ballot Board be and hereby is established for all elections.

On a motion by Vern Leistico and seconded by David Benson, it was duly passed to adopt the following resolution:

WHEREAS, Minnesota Statutes 204B.45 provides authorization and procedures for conducting an election by mail. A mail ballot board must be appointed by resolution to process mail ballots; and

WHEREAS, the mail ballot board shall take possession of all return envelopes during the 46 days before the election for processing and must examine all return envelopes in the manner provided in Minnesota Statutes 204B.45 and Rules 8210.3000; and

WHEREAS, the mail ballot board must consist of a sufficient number of election judges trained in the handling of mail ballots and appointed as provided in Minnesota Statutes Sections 204B.19 to 204B.22. The board may include staff trained as election judges; and

WHEREAS, this Board will consist of Nobles County Auditor-Treasurer's Office staff, appointed and certified election judges; and

NOW, THEREFORE, BE IT RESOLVED by the Nobles County Board that a Mail Ballot Board with the authority granted by Minnesota Statutes 204B.45 be and hereby is established for all elections.

On a motion by David Benson and seconded by Gene Foth, it was duly passed to approve the applications for local option disaster abatements as follows:

Taxpayer.........Parcel #........2009.......2010

Daniel Braun.....17-0057-500......$46.00.....$48.00

David Reeves.....31-0481-000.....$134.00....$134.00

On a motion by Gene Foth and seconded by David Benson, it was duly passed to adopt the following resolution:

WHEREAS, it is the duty of the Board of Commissioners to appoint citizens to various Boards, Committees and Commissions of Nobles County.

BE IT THEREFORE RESOLVED, to appoint the following persons, for the term specified on Boards, Committees and Commissions as listed:

Library Board

(3 year term expiring June 30, 2013)

Maggie Kraemer, Worthington (District 5)

Anita Hallum, Adrian (At Large)

On a motion by Diane Thier and seconded by Vern Leistico, it was duly passed to authorize payment of $11,687.50 to the Nobles County Fair Association as the second half of their 2010 appropriation. Funding is included in the approved 2010 budget.

On a motion by Diane Thier and seconded by David Benson, it was duly passed to approve county department and board travel expenses for May 21st, 2010. A summarized copy of the expenses was before the Board and is made a part of this resolution by reference.

Committee and Board reports were received from the following:

District III-Commissioner Benson reported on the Minnesota Department of Health - Blueprint for Change and Community Wind South meetings.

District IV-Commissioner Foth reported on the Southwestern Minnesota Opportunity Council (SMOC) Community Concerns Committee, Nobles Soil & Water and Okabena Ocheda Watershed meetings.

District II-Commissioner Thier reported on the Planning & Zoning meeting.

District V-Commissioner Leistico reported on the Resource Conservation & Development Commission meeting.

District I-Commissioner Zylstra reported on the Family Services, Brewster City Council and EMPAC meetings.

On a motion by David Benson and seconded by Diane Thier, it was duly passed to approve the following claims for payment:

Auditor's Warrants:

May 21, 2010..........................$5,615.17

May 24, 2010......................$1,639,500.00

May 25, 2010..........................$1,265.04

May 28, 2010.........................$26,995.69

Commissioners' Warrants:

General Fund.........................$87,477.58

Public Works Fund....................$48,979.69