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Minutes April 4, 2017

 Wabasha County Board of Commissioners

Meeting of April 4, 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, April 4, 2017 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:
•    Abbey Riedel, Social Services, 5 years
•    Erik Rollie, Sheriff’s Department, 5 years
•    Heidi Young, Social Services, 5 years

Public Forum Comments:


WOBBE-SPRINGER

Motion to approve the consent agenda including the following:
Minutes: March  28, 2017
Claims
Meal Vouchers
Per Diems

Resolution No: 2017-068

Appoint Extension Committee Member – Eric Klein

Whereas, Wabasha County delivers Extension programming throughout the County. One of the goals of the statewide Extension program is to create a stronger Minnesota through education and research.; and

Whereas, To oversee the goals of the programming and the performance of the Coordinator, the County has established an Extension Committee. The County Extension Committee consists of nine members, including two members of the County Board, the County Auditor and six county residents.; and

Whereas, Currently there is a vacancy on the committee.  An appointment is being sought to fill that vacancy.  The applications were received to fill the vacancy.  The term of the appointment will be for three years.; and

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners appoints Eric Klein to the Wabasha County Extension Committee for a three year term which would expire on December 31, 2019.
Resolution No.:  2017-069

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Wabasha County Highway Engineer be authorized to advertise for bids for the Furnish and Delivery of Diesel Fuel.

Resolution No: 2017-077

County Board of Commissioners - June Meeting Dates

WHEREAS, In June the County will hold its Board of Appeal and Equalization hearing.  Because of the timelines involved in Minnesota Statute it is necessary to reschedule one of the Board meetings, unless a special meeting is called, to meet those statutory requirements; and

WHEREAS, It is being proposed that the County meet on the following June dates:

June 13 – Board meeting to start at 4:30pm and the Board of Review to start at 5:30pm
June 20 – 9:00am
June 27 – 9:00am; and

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners will meet on June 13, June 20, and June 27, 2017 in the Wabasha County Board of Commissioner’s Room (625 Jefferson Avenue, Wabasha, MN 55981) at the above referenced times.

Adopted Unanimously

Presentation: South County Health Alliance

GOIHL-SPRINGER

Resolution No: 2017-070

Honeywell Maintenance Contract – Old Courthouse / Annex

Whereas, Wabasha County utilizes Honeywell Building Solutions to provide a number a number of maintenance services to the county’s old courthouse / annex building and the criminal justice center; and

Whereas, With the retrofit for the old courthouse / annex completed it is not envisioned that the building would require the same level of service that is currently being provided.  The proposed changes in coverage relate to Honeywell no longer providing air filter services as well as not providing preferred temperature control services. ; and

Now Therefore Be It Resolved By The Wabasha County Board Of Commissioners authorizes its County Administrator to enter into the new agreement with Honeywell Building Solutions to provide ongoing services for the county’s old courthouse / annex building.

Adopted Unanimously

WOBBE-GOIHL

Resolution No.: 2017-071

Whereas, the County Board of Commissioners of the County of Wabasha, State of Minnesota, desires to offer for sale to the public, parcel of land that has forfeited to the State of Minnesota for non-payment of property taxes as listed on attached Tax Forfeited Land List 2015c; and

Whereas, the County Board of Commissioners must determine the appraised value of the forfeited property to be sold.  The sale price cannot be less than the appraised value.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners hereby approves the appraised value on the Tax Forfeited Land List 2015c.

Adopted Unanimously

GOIHL-WOBBE

Resolution No.: 2017-072

Whereas, a parcel of land has forfeited to the State of Minnesota for non-payment of taxes; and

Whereas, the Wabasha County Board of Commissioners desires to sell the parcel at a public auction.
 
Be it Resolved by the Wabasha County Board of Commissioners that: the parcel of tax forfeited land listed on Tax Forfeited Land List 2015c be classified as non-conservation land; that the basic sale price of each parcel on the Tax Forfeited Land List 2015c be approved and authorization for a public sale be granted; pursuant to M.S. 282.01; that the sale will be held at 9:00 a.m., Tuesday, May 9, 2017 by the Wabasha County Auditor/Treasurer in the Commissioner’s Room of the Wabasha County Courthouse, for not less than the basic sale price; and that the sale be cash/money order/check only;  that the County Auditor/Treasurer  is hereby directed to publish a notice of sale as provided by law.

Be it Further Resolved that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Wabasha County Board of Commissioners.

Adopted Unanimously

GOIHL-HALL

Resolution Number: 2017-073

Anderson Acres Plat

Whereas, Richard Massey submitted a plat application on behalf of Frank Anderson to plat parcels 01.00218.00 and parcel 01.00226.00 located in Section 24 and Section 25, Township 110 North, Range 14 West, Town of Chester; and
Whereas, The Wabasha County Planning Commission conducted a public hearing on March 27, 2017  to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter and with a vote of 5-0 recommends to the Wabasha County Commissioners the preliminary and final plat be approved with the one condition as follows.
1.    A deed restriction shall be recorded for Lot 2 and Lot 4 that prohibits any new dwellings.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Anderson Acres Plat with the one condition.

Adopted Unanimously

GOIHL-HALL

Resolution Number: 2017-074

Evers Conditional Use Permit

Whereas, Mark and Janet Evers presented an application for a Conditional Use Permit to allow for the placement of fill in a general floodplain on parcel 16.00323.00 located in Section 36, Township 110 North, Range 12 West, Town of West Albany; and
Whereas, The Wabasha County Planning Commission conducted a public hearing on March 27, 2017  to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter after the public hearing and with a vote of 5-0 recommends to the Wabasha County Board of Commissioners that the request be approved with two conditions.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Mark and Janet Evers with the conditions as follows:

1.    The project shall be completed as presented and there shall be no more than 300 cubic yards of fill placed on the property to complete the parking area. 
2.    Any additional fill being placed on the property or the movement of existing soil on the property which is located in a mapped floodplain shall require the issuance of another CUP to determine any impact on the regional flood elevation or to determine whether or not it will cause an obstruction to flow.

Adopted Unanimously

GOIHL-HALL

Resolution Number: 2017-075

Innovative Power Systems Conditional Use Permit

Whereas, Innovative Power Systems applied for a Conditional Use Permit to allow for the construction and operation of a community solar garden on parcel 11.00174.00 located in Section 23, Township 111 North, Range 13 West, Town of Mount Pleasant; and
Whereas, The Wabasha County Planning Commission conducted a public hearing on March 27, 2017  to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter after the public hearing and with a vote of 5-0 recommends to the Wabasha County Board of Commissioners that the request be approved with ten conditions.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for SolarStone Partners with the conditions as follows:

1.    The project shall be undertaken only in accordance with the plans and specifications as submitted in the application or as outlined in these conditions.

2.    The County may enter onto the premises at reasonable times and in a reasonable manner to ensure the permit holder is in compliance with the conditions and all other applicable ordinances.

3.    The applicant shall post a bond or issue an irrevocable letter of credit in the amount of $25,000 per megawatt to cover the costs of decommissioning and site restoration upon project termination.  Upon expiration/revocation of this permit or voluntary termination of the project, the permittee shall dismantle and remove from the site all solar panels, mounted steel posts and beams, inverters, transformers, overhead and underground cables, buildings and foundations, and roads.

4.    Except for designated roadways, the project area shall be re-vegetated as a low-growing, pollinator friendly native prairie.  The vegetation in the project area shall be maintained to promote the pollinator friendly native prairie and to limit any noxious weeds or other undesirable plants such as any cool season grasses.  A seed mix and maintenance plan shall be approved by the Zoning Department prior to the start of any construction. 

5.     Construction shall be limited to daytime working hours.

6.    Testing for stray voltage that is a result of the project shall be conducted by a third-party consultant at the start of operation and shall be completed annually for three years.  After that point, it shall be completed once every three years.  The results from such testing shall be submitted to the Wabasha County Zoning Department within 30 days of testing.  The costs for such testing shall be paid for by the developer.

7.    The solar modules shall be limited to a fixed-tilt system.

8.    All structures shall meet the necessary setback requirements.

9.    Evergreens shall be installed directly adjacent to the project on the east side to provide screening of the project and shall also be installed between the project and the dwelling located at 70074 340th Ave. on the west side.

10.    A grassed filter strip that is 10’ shall be installed and maintained north of the driveway and shall continue for a distance of 200’ from the center of 340th Ave.

Adopted Unanimously

HALL / GOIHL TO GO INTO THE CLOSED SESSION

Resolution No.: 2017-076

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.  An evidentiary hearing is scheduled for April 7, 2017 regarding the Auditor / Treasurer appeal.

Whereas, since that time the County has retained the law firm of Ratwik, Roszak, and Maloney to defend the County in that litigation.

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 appeals will be held with the Board’s counsel, Ann Goering. No subject matter other than the foregoing shall be discussed at said meeting.

Adopted Unanimously

SPRINGER-GOIHL
Motion to Recess to Auditor Treasurer Salary appeal being held at the Wabasha County Criminal Justice Center located at 848 17th Street E, Wabasha, MN. 55981 on April 7, 2017. Immediately before, during and immediately following the April 7, 2017 evidentiary hearing held in district court, the Board will meet and/or confer in closed session with its attorney pursuant to Minnesota Statutes 13D.05 subdivision 3 (b) regarding legal positions, strategy and advice regarding the pending litigation.  This will last from 8:00am to 5:30pm.

Adopted Unanimously


Agenda for this meeting

Video 1 of 3 (Direct)

Video 2 of 3 (Direct)

Video 3 of 3 (Direct)

 

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