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Minutes February 7, 2017

 Wabasha County Board of Commissioners

Meeting of February 7, 2017


The Board of County Commissioners of Wabasha County, Minnesota, convened in Regular Session at the Wabasha County Courthouse, in the City of Wabasha, Minnesota on Tuesday, February 7, 2016 at 9:00 a.m.

The meeting was called to order by Board Chairperson Key.

The following Commissioners were present:  Goihl, Hall, Key, Springer, Wobbe

SPRINGER-HALL

Motion to approve the agenda

Adopted Unanimously

Staff Updates

Administrator Updates:

Anniversaries:

•    Jean Grabau, Child Support Officer 10 years

•    Todd Baab, Dispatcher 10 years

•    Judy Charpentier, Eligibility Worker 5 years

Public Forum Comments:

GOIHL-HALL

Motion to approve the consent agenda including the following:

Minutes: January 24, 2017

Claims

Meal Vouchers

Per Diems

Resolution No.: 2017-023

Whereas, SAP 079-601-029, SAP 079-607-023, and CP 079-086-006 with any and/or all Supplemental Agreements, Change Orders or Work Orders, has been completed. 

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, the Wabasha County Auditor/Treasurer be authorized to issue a warrant for final payment to PCi Roads LLC.  for completion of Projects SAP 079-601-029, SAP 079-607-023, and CP 079-086-006 in the amount of $32,240.73.

Resolution No.:  2017-024

Whereas, SAP 079-615-007, SAP 079-615-008 and SP 079-070-008 with any and/or all Supplemental Agreements, Change Orders or Work Orders, has been completed. 

Now Therefore be it Resolved by the Wabasha County Board of Commissioners the Wabasha County Auditor/Treasurer be authorized to issue a warrant for final payment to Rochester Sand and Gravel – Division of Mathy Construction Company for completion of SAP 079-615-007, SAP 079-615-008 and SP 079-070-008 in the amount of $106,498.88.

Resolution No.:  2017-025

Whereas, SAP 079-599-077 with any and/or all Supplemental Agreements, Change Orders or Work Orders, has been completed. 

Now Therefore be it Resolved by the Wabasha County Board of Commissioners the Wabasha County Auditor/Treasurer be authorized to issue a warrant for final payment to Bennett & Sons Sand & Gravel Company for completion of SAP 079-599-077 in the amount of $16,213.94.

Resolution No.:  2017-026

Whereas, CP 79-16-8230 and CP 79-16-8250 with any and/or all Supplemental Agreements, Change Orders or Work Orders, have been completed. 

Now Therefore be it Resolved by the Wabasha County Board of Commissioners the Wabasha County Auditor/Treasurer be authorized to issue a warrant for final payment to Fahrner Asphalt Sealers LLC for completion of CP 79-16-8230 in the amount of $42,926.96, and CP 79-16-8250 in the amount of $6,438.01.

Resolution No: 2017-027

Resolution Approving Payment to the South East MN Violent Crime Enforcement Team and authorization for an Auditor’s Warrant

Whereas, the Wabasha County Board of Commissioners has approved an appropriation in the amount of $7,000.00 in the 2017 Budget to be paid to the South East MN Violent Crime Enforcement Team, and,

Whereas, the South East MN Violent Crime Enforcement Team is requesting this amount be paid to the organization.

Whereas, the Sheriff also requests approval for the Auditor’s Office to cut an Auditor’s Warrant not to exceed the invoice amount of $7,000.00.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, the Wabasha County Board of Commissioners authorizes the payment of $7,000.00 to the South East MN Violent Crime Enforcement Team.

Be it further Resolved by the Wabasha County Board of Commissioners that, the Auditor’s Office is hereby authorized to cut an Auditor’s Warrant not to exceed the invoice amount of $7,000.00 to the respective vendor.

Resolution No: 2017-028

Resolution to increase kitchen and laundry inmate worker wages

Whereas, the Wabasha County Sheriff’s Office is requesting to increase kitchen and laundry inmate worker wages from $1/day to $2/day. 

Whereas, The 2017 Jail budget is able to handle the increase without requesting additional funding.

Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby: approves to increase kitchen and laundry inmate worker wages from $1/day to $2/day. 

Adopted Unanimously

WOBBE-SPRINGER

Resolution No.: 2017-029

A resolution authorizing entry into a Joint Powers Agreement in the form of a Declaration of Trust establishing an entity known as "Minnesota Association of Governments Investing for Counties" and authorizing participation in certain investment programs in connection therewith:

Whereas, Minnesota Statutes Section 471.59 (the Joint Powers Act) provides among other things that governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties; and

Whereas, the MAGIC Fund was formed in October 1990 pursuant to the Joint Powers Act by the adoption of a joint powers agreement in the form of a Declaration of Trust by a group of Minnesota Counties acting as the Initial Participants thereof; and

Whereas, the Declaration of Trust, as amended, has been presented to this board; and

Whereas, the Declaration of Trust authorizes municipalities of the State of Minnesota to adopt and enter into the Declaration of Trust and become Participants of the MAGIC Fund; and

Whereas, this board deems it to be advisable for this county* to adopt and enter into the Declaration of Trust and become a Participant of the MAGIC Fund for the purpose of the joint investment of this county's monies with those of other counties so as to enhance the investment earnings accruing to each; and

Whereas, this board deems it to be advisable for this county to make use from time to time, in the discretion of the officials of the county identified in Section 2 of the following Resolution, of the Fixed-Rate Investment Program available to Participants of the MAGIC Fund.

Now, therefore, be it resolved as follows:

Section 1. This county shall join with other counties in accordance with the Joint Powers Act by becoming a Participant of the MAGIC Fund and adopting and entering into the Declaration of Trust, which is adopted by reference herein with the same effect as if it had been set out verbatim in this resolution, and a copy of the Declaration of Trust shall be filed in the minutes of the meeting at which this Resolution was adopted. The treasurer of this county is hereby authorized to take such actions and execute any and all such documents as they may deem necessary and appropriate to effectuate the entry of this county into the Declaration of Trust and the adoption thereof by this county.

Section 2. This county is hereby authorized to invest its available monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers and officials of the county and their respective successors in office each hereby are designated as "Authorized Officials" with full powers and authority to effectuate the investment and withdrawal of monies of this county from time to time in accordance with the Declaration of Trust and pursuant to the Fixed-Rate Investment Service available to Participants of the MAGIC Fund:

List the name(s) and title(s) of the officer(s) and official(s) who will be authorized to invest and withdraw county monies in and from the MAGIC Fund and pursuant to the Fixed-Rate Investment Service. You may have any number of Authorized Officials; attach an additional list if necessary. (This section should be the same as section 6 of the Master Account Application, “Authorized Personnel”)

Debbie Koenig    Finance Director           

Print Name    Position                          Signature

Denise Anderson    Auditor/Treasurer

Print Name    Position                          Signature

Print Name    Position                          Signature

Print Name    Position                          Signature

The treasurer shall advise the MAGIC Fund of any changes in Authorized Officials.

Section 3. The Trustees of the MAGIC Fund are hereby designated as having official custody of this county's monies, which are invested in accordance with the Declaration of Trust.

Section 4. State banks, national banks, and thrift institutions located either within or without the State of Minnesota which qualify as depositories under Minnesota law and are included on a list approved and maintained for such purpose by the Investment Advisor of the MAGIC Fund are hereby designated as depositories of this county pursuant to Minnesota Statutes Section 118.005 and monies of this county may be deposited therein, from time to time in the discretion of the Authorized Officials, pursuant to the Fixed-Rate Investment Service available to Participants of the MAGIC Fund.

Adopted Unanimously

WOBBE-SPRINGER

Resolution No.: 2017-030

Whereas, the following applicant wish to have their County On Sale, Sunday and Brew Pub Off Sale Liquor License approved:

Kent & Karla Schedlbauer               K & K Brewing Inc                   Pepin Township   

                        DBA: Reads Landing Brewing Co       

Whereas, the application has been approved by the County Attorney and County Sheriff. Wabasha County Auditor/Treasurer has received certificate of insurance and the appropriate license fee.  The liquor license will run from March 1, 2017 to July 31, 2017.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that,

They hereby approve the new County On Sale, Sunday and Brew Pub Off Sale Liquor License to the individual listed above, subject to the approval of the State of Minnesota Liquor Control Commissioner.

Adopted Unanimously

SPRINGER-GOIHL

Resolution No.:  2017-031

Whereas, the Wabasha County Highway Department finds it beneficial to purchase one 2018 Western Star 4700 Tandem Truck and snow removal equipment, and

Whereas, with the purchase of one Tandem Truck and snow removal equipment, Unit 013 – Sterling Tandem Truck and snow removal equipment is considered excess.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Wabasha County Highway Department be authorized to purchase one 2018 Western Star Tandem Truck from Boyer Ford Trucks, Inc. and Snow Removal Equipment from Universal Truck Equipment, and hereby authorizes the County Auditor/Treasurer to issue warrants for applicable sales tax and license fees of the truck.

Be it further resolved that the Wabasha County Board of Commissioners hereby declares Unit 013 – Sterling Tandem Truck and associated snow removal equipment as Excess Equipment and authorizes the County Engineer to dispose as a trade-in allowance or as otherwise equivalent or greater sale to a government agency.

Adopted Unanimously

HALL-SPRINGER

Resolution Number: 2017-032

Amendments to Article 13 of the Wabasha County Zoning Ordinance.

Whereas, Wabasha County has adopted a Comprehensive Zoning Ordinance as provided by Chapter 394 Minn. Stats.; and

Whereas, the Wabasha County Planning Commission has reviewed Article 13 of the Wabasha County Zoning Ordinance and drafted revisions to the language contained within; and

Whereas, the Planning Commission conducted a public hearing for the proposed revisions on January 23, 2017 and afterwards voted 3-0 that the revisions be forwarded to the Wabasha County Board of Commissioners with a recommendation that the revisions be approved by the County Board. 

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners has received and reviewed the recommendations of the Wabasha County Planning Commission; and

Be It Further Resolved, the Wabasha County Board of Commissioners adopts Chapters 13 as attached to respectively replace Article 13 of the Wabasha County Zoning Ordinance.

Adopted Unanimously

HALL-WOBBE to close the public meeting and to go into the closed session

Resolution No.: 2017-033

A Resolution Setting Forth Findings

In Support of a Closed Meeting – Pending Litigation – Salary Appeal of the County Auditor / Treasurer and County Attorney

Whereas, The Wabasha County Board is statutorily required to annually set the salary of the Wabasha County Attorney, Auditor-Treasurer, Recorder and Sheriff.  That process was completed on November 22, 2016 for 2017. 

Whereas, On December 1, 2016 the County was notified via e-filing that the County Auditor-Treasurer and County Attorney were appealing those determinations.

Whereas, since that time the County has retained the law firm of Ratwik, Roszak, and Maloney to defend the County in those litigation proceedings.  Court hearings have been held for each of those matters.

Whereas, Minn. Stat. §13D.05 subd. 3(b) permits closing a meeting if such closure is permitted by the attorney-client privilege;

Whereas, the County Board desires to consult with its attorney regarding a the referenced litigation;

Whereas, it is not possible to fully discuss strategy and the options available to the county in a public meeting;

Whereas, certain phases of the litigation strategy may be impaired if every discussion is available for the benefit of opposing parties;

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that,

a closed meeting of the Wabasha County Board addressing the above referenced concerns will be held with the Board’s counsel, Ann Goering. No subject matter other than the foregoing shall be discussed at said meeting.

WOBBE-SPRINGER to closed the closed session and return to open meeting

Adopted Unanimously

GOIHL-KEY

Motion to Recess to Township Officers Meeting in Millville, Minnesota and AMC Legislative Conference in St. Paul, Minnesota (11 East Kellogg Boulevard) from February 15 to February 17.

Adopted Unanimously

Agenda for this meeting

Video 1 of 2 (Direct)

Video 2 of 2 (Direct)

 

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