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Minutes October 3, 2017

 Wabasha County Board of Commissioners

Meeting of October 3, 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, October 3, 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

WOBBE-SPRINGER

Motion to approve the agenda after moving Item “E” to first on the agenda under action and discussion.  Addition of “Item I – Elected Official Salary Discussion”

Adopted Unanimously

Staff Updates:

Anniversaries:

  • Wanda Lee, Public Health - 30 Years of Service

  • Greg Mason, Highway - 15 Years of Service

  • Janet Schmidt, Public Health - 10 Years of Service

Administrator Updates:

SPRINGER-HALL

Motion to approve the consent agenda including the following:

Minutes: September 26, 2017

Claims

Meal Vouchers

Per Diems

Resolution No.: 2017-188

Resolution to Restructure Jail Personnel

Whereas, the number of jail inmates housed in Wabasha County has steadily decreased over the past few years,

Whereas, Wabasha County Sheriff met with the Personnel Committee on September 5, 2017 to discuss the possibility of restructuring the personnel in the county jail,

Whereas, the Wabasha County Sheriff met with the Department of Corrections to review a plan to restructure the personnel in the county jail,

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

the Wabasha County Board Chair and the Wabasha County Administrator have the ability to restructure the jail personnel to reflect the vision of the Wabasha County Sheriff’s Office. This would include, but is not limited to, the ability to enter into separation agreements, making appointment decisions, and wage determinations for positions within the Sheriff’s Department and Jail.

 Resolution No.:  2017-189

Whereas, the calendar year 2016 Flexible Spending Plan has a positive balance in the amount of $17.23; and

Whereas, the General Revenue fund absorbs all overages, shortages and administrative costs for the Flexible Spending Plans,

Therefore, be it resolved, that the Wabasha County Board of Commissioners hereby approves the overage to be credited to the General Revenue Fund for the calendar year 2016 Flexible Spending Plan.

Resolution No.: 2017-190

Whereas, The US Census Bureau’s 2020 Census Local Update of Census Addresses Operation (LUCA) is the only opportunity offered to tribal, state, and local governments to review and comment on the U.S. Census Bureau's residential address list for their jurisdiction prior to the 2020 Census; and

Whereas, The Census Bureau relies on a complete and accurate address list to reach every living quarters and associated population for inclusion in the census; and

Whereas, The Census Address List Improvement Act of 1994 (Public Law 103-430) authorizes the LUCA; and

Whereas, Wabasha County’s Participation in LUCA, along with assistance from Township and City Officials, will help to provide the most accurate comprehensive list of residential addresses for Wabasha County.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that Wabasha County formally accepts the US Census Bureau LUCA invitation and that Shawn R. Gertken, Wabasha County GIS Coordinator, is authorized to act as LUCA Liaison to the US Census Bureau on behalf of Wabasha County; that he will ensure that the address data provided is as accurate as possible by coordinating with local cities and townships and by utilizing data from the E-911 rural address database.

Be it further resolved that Cheryl Key, Wabasha County Board Chair, is authorized to sign the LUCA invitation on behalf of the Wabasha County Board of Commissioners and Wabasha County.

Resolution No.:  2017-191

Whereas, SAP 079-030-007 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 Asphalt Surface Technologies Corporation for completion of SAP 079-030-007 in the amount of $45,410.99.

Adopted Unanimously

Presentation: Wabasha County Libraries Annual Presentation

SPRINGER-GOIHL

Resolution No.: 2017-192

Approving Wabasha County’s application for funding from the Voting Equipment Grant.

Whereas, Minnesota counties are responsible for administering elections, which includes the purchase and maintenance of supplies and election equipment, including accessible voting equipment; and

Whereas, Minnesota last updated much of its voting equipment between 2002 and 2006 meaning that the equipment is rapidly approaching the end of its 10 to 15 year lifespan; and

Whereas, it’s essential for precincts to have functioning voting equipment so that voters are able to cast their ballot on equipment that is secure, accessible, accurate, and reliable; and

Whereas, Minnesota’s 90th Legislature authorized $7 million for the Voting Equipment Grant Account to assist counties, cities, towns, and school districts with the purchase of voting equipment; and

Whereas, to receive funding from the Voting Equipment Grant Account, counties must submit an application to the Minnesota Secretary of State before December 15, 2017; now, therefore,

Be It Resolved, Wabasha County approves its application for funding from the Voting Equipment Grant; and

Be It Further Resolved, the County certifies that any funds awarded from the Voting Equipment Grant will be used only to purchase assistive voting technology, an electronic roster system, an electronic voting system, any individual component of an electronic voting system, or any other equipment or technology approved by the Secretary of State.

Adopted Unanimously

SPRINGER-HALL

Resolution No: 2017-193

Resolution Authorizing

Off-Highway Vehicle Safety Enforcement Grant

(SWIFT Contract #131567; PO Number 3000122183)


Whereas, the Wabasha County Sheriff’s Office is requesting to participate in the 2018-2019 Fiscal year Off-Highway Vehicle Enforcement Grant Program; and

Whereas, the Sheriff’s Office has received the 2018-2019 contract which needs to be approved and signed by the Sheriff, County Auditor or County Administrator and County Board Chairperson; and

Whereas, the Sheriff requests the approval and signing of the 2018-2019 Off-Highway Vehicle Safety Enforcement Grant by the County Administrator and Chairman of the County Board.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the 2018-2019 Off-Highway Vehicle Enforcement Grant is hereby approved and authorizes it’s signing by the County Administrator and Chairman of the County Board.

Adopted Unanimously

Finance: 2016 Audit Presentation

GOIHL-HALL

Resolution Number: 2017-195

Hagedorn Conditional Use Permit

Whereas, Mike Hagedorn submitted an application for a Conditional Use Permit to allow for the construction of a bridge in a general floodplain on parcel 16.00118.00 located in Section 20, Township 110 North, Range 12 West, Town of West Albany; and

Whereas, The Wabasha County Planning Commission conducted a public hearing on September 25, 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 one condition.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Mike Hagedorn with the condition as follows:

1.       The project shall be completed as presented.

Adopted Unanimously

GOIHL-HALL

Resolution Number: 2017-196

Martin Conditional Use Permit

Whereas, Michael Martin presented an application for a Conditional Use Permit to allow for the placement of fill in a general floodplain on parcel 01.00303.00 and parcel 01.00309.00 located in Section 30, Township 110 North, Range 14 West, Town of Chester; and

Whereas, The Wabasha County Planning Commission conducted a public hearing on September 25, 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 one condition.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Michael Martin with the condition as follows:

1.       The project shall be completed as presented.

Adopted Unanimously

GOIHL-HALL To Open The Public Hearing

GOIHL-HALL To Close The Public Hearing

GOIHL-WOBBE

 

Resolution No. 2017-194

 

Resolution Approving The 5-Year Capital Improvement Plan And Authorizing The Issuance And Sale Of General Obligation Capital Improvement Plan Bonds

Be It Resolved by the Board of County Commissioners (the “Board”) of Wabasha County, Minnesota (the “County”), as follows:

SECTION 1.  CAPITAL IMPROVEMENT PLAN.  The County has published notice of its intent to hold a hearing on the adoption of its Five-Year Capital Improvement Plan (the “Plan”) and the issuance of capital improvement plan bonds under Minnesota Statutes, Section 373.40 at least fourteen (14) but not more than twenty-eight (28) days prior to the date hereof, pursuant to and in accordance with Minnesota Statutes, Section 373.40 (the “Act”).  The Board held a public hearing on the date hereof on (i) adoption of the Plan and (ii) the issuance of bonds for the purpose of financing various capital improvements identified in the Plan, including the acquisition of the Wabasha County Criminal Justice Center located at 848 17th Street East in the City of Wabasha, Minnesota.

In preparing the Plan, the Board has considered for each project and for the overall Plan:

(1)           the condition of the County’s existing infrastructure, including the projected need for repair or replacement;

(2)           the likely demand for the improvement;

(3)           the estimated cost of the improvement;

(4)           the available public resources;

(5)           the level of overlapping debt in the County;

(6)           the relative benefits and costs of alternative uses of the funds;

(7)           operating costs of the proposed improvements; and

(8)           alternatives for providing services more efficiently through shared facilities with other counties or local government units; and,

The Wabasha County Board of Commissioners hereby adopts the Plan for the purposes described above, contingent upon the satisfaction of the conditions described in the Act.

SECTION 2.  BOND PURPOSE.  It is hereby determined to be in the best interests of the County to issue its General Obligation Capital Improvement Plan Bonds, Series 2017A, in the approximate aggregate principal amount of $4,100,000 pursuant to Minnesota Statutes, Section 373.40, as amended, for the purposes described above.

SECTION 2.  TERMS OF PROPOSAL.  Springsted Incorporated, municipal advisor to the County, has presented to this Board a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the County Administrator.  Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof.  Springsted Incorporated is hereby authorized to solicit proposals for the Bonds on behalf of the County in accordance with the provisions of the Terms of Proposal.

SECTION 3.  SALE MEETING.  This Board shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the County.

TERMS OF PROPOSAL

$4,015,000*

 

wabasha county, minnesota

 

general obligation capital improvement plan bonds, series 2017a

(BOOK ENTRY ONLY)

Proposals for the above-referenced obligations (the “Bonds”) will be received by Wabasha County, Minnesota (the “County”) on Monday, November 6, 2017 (the “Sale Date”) until 1:00 P.M., Central Time at the offices of Springsted Incorporated (“Springsted”), 380 Jackson Street, Suite 300, Saint Paul, Minnesota, 55101, after which time proposals will be opened and tabulated.  Consideration for award of the Bonds will be by the County Board at 9:00 A.M., Central Time, of the following day, Tuesday, November 7, 2017.

SUBMISSION OF PROPOSALS

Springsted will assume no liability for the inability of a bidder to reach Springsted prior to the time of sale specified above.  All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the County to purchase the Bonds regardless of the manner in which the proposal is submitted.

(a)  Sealed Bidding.  Proposals may be submitted in a sealed envelope or by fax (651) 223?3046 to Springsted.  Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale.  The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223?3000 or fax (651) 223?3046 for inclusion in the submitted proposal. 

 

OR

(b)  Electronic Bidding.  Notice is hereby given that electronic proposals will be received via PARITY®.  For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all proposals submitted to PARITY®Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal.  Neither the County, its agents, nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the County, its agents, nor PARITY® shall be responsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®.  The County is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the County.

If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control.  Further information about PARITY®, including any fee charged, may be obtained from:

PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018

Customer Support:  (212) 849-5000

DETAILS OF THE Bonds

The Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2018.  Interest will be computed on the basis of a 360-day year of twelve 30-day months.

The Bonds will mature February 1 in the years and amounts* as follows:

2019 $420,000
2020 $430,000
2021 $440,000
2022 $445,000
2023 $440,000
2024 $450,000
2025 $455,000
2026 $465,000
2027 $470,000

The County reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity or maturities in multiples of $5,000.  In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the original proposal.  Gross spread for this purpose is the differential between the price paid to the County for the new issue and the prices at which the proposal indicates the securities will be initially offered to the investing public.

Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds.  All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above.  In order to designate term bonds, the proposal must specify “Years of Term Maturities” in the spaces provided on the proposal form.

BOOK ENTRY SYSTEM

The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public.  The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”), New York, New York, which will act as securities depository for the Bonds.  Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants.  Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds.  Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners.  The lowest bidder (the “Purchaser”), as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. 

REGISTRAR

The County will name the registrar which shall be subject to applicable regulations of the Securities and Exchange Commission.  The County will pay for the services of the registrar.

OPTIONAL REDEMPTION

The Bonds will not be subject to redemption in advance of their respective stated maturity dates.

SECURITY AND PURPOSE

The Bonds will be general obligations of the County for which the County will pledge its full faith and credit and power to levy direct general ad valorem taxes.  The proceeds will be used to acquire certain facilities currently leased to the County by Wells Fargo Bank, National Association, Minneapolis, Minnesota.  In order to accomplish this, the County will redeem the February 1, 2019 through February 1, 2028 maturities of its Certificates of Participation, Series 2008B, dated June 1, 2008 (the “Series 2008B Certificates”). Concurrently, the County will contribute additional funds to be used for the defeasance of the February 1, 2018 debt service payment of the Series 2008B Certificates.

BIDDING PARAMETERS

Proposals shall be for not less than $3,986,895 plus accrued interest, if any, on the total principal amount of the Bonds.  No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting of the County scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made.  Rates shall be in integral multiples of 1/100 or 1/8 of 1%.  The initial price to the public as stated on the proposal for each maturity must be 98.0% or greater.  Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity.  No conditional proposals will be accepted.

ESTABLISHMENT OF ISSUE PRICE PRIOR TO CLOSING

 

In order to establish the issue price of the Bonds for federal income tax purposes, the County requires bidders to agree to the following, and by submitting a bid, each bidder agrees to the following. 

If a proposal is submitted by a potential underwriter, the bidder confirms that (i) the underwriters have offered or reasonably expect to offer the Bonds to the public on or before the date of the award at the offering price (the “initial offering price”) for each maturity as set forth in the proposal and (ii) the bidder, if it is the Purchaser, shall require any agreement among underwriters, selling group agreement, retail distribution agreement or other agreement relating to the initial sale of the Bonds to the public to which it is a party to include provisions requiring compliance by all parties to such agreements with the provisions contained herein.  For purposes hereof, Bonds with a separate CUSIP number constitute a separate “maturity,” and the public does not include underwriters (including members of a selling group or retail distribution group) or persons related to underwriters.

If the winning bidder intends to act as an underwriter, the County shall advise the winning bidder at or prior to the time of award whether the competitive sale rule applies.

If the County advises the Purchaser that the requirements for a competitive sale have been satisfied and that the competitive sale rule applies, the Purchaser will be required to deliver to the County prior to closing a certification, substantially in the form attached hereto as Exhibit A, as to the reasonably expected initial offering price as of the award date.

If the County advises the Purchaser that the requirements for a competitive sale have not been satisfied, the Purchaser shall (1) advise the County as soon as practicable after the award whether the underwriters have sold at least 10% of each maturity of the Bonds to the public at the initial offering price, and, if not, the maturities with respect that is not the case (the “Undersold Maturities”); (2) from time to time, and upon request of the County, inform the County in writing of the amounts, times and prices of sales of Bonds that are Undersold Maturities and whether such sales were to the public until, with respect to a maturity, at least 10% of that maturity has been sold to the public at a single price, or, if earlier, the date on which all Bonds of such Undersold Maturity have been sold to the Public; and (3) at or prior to closing, deliver to the County a certification substantially in the form attached hereto as Exhibit B.

Any action to be taken or documentation to be received by the County pursuant hereto may be taken or received on behalf of the County by Springsted.

The Bonds will be not be subject to the “hold-the-offering-price” rule.  Any proposal submitted pursuant to the Terms of Proposal shall be considered a firm offer for the purchase of the Bonds, and proposals submitted will not be subject to cancellation or withdrawal.

GOOD FAITH DEPOSIT

To have its proposal considered for award, the Purchaser is required to submit a good faith deposit to the County in the amount of $40,150 (the “Deposit”) no later than 3:00 P.M., Central Time on the Sale Date.  The Deposit may be delivered as described herein in the form of either (i) a certified or cashier’s check payable to the County; or (ii) a wire transfer.  The Purchaser shall be solely responsible for the timely delivery of its Deposit whether by check or wire transfer.  Neither the County nor Springsted have any liability for delays in the receipt of the Deposit.  If the Deposit is not received by the specified time, the County may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder.

Certified or Cashier’s Check.  A Deposit made by certified or cashier’s check will be considered timely delivered to the County if it is made payable to the County and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101 by the time specified above. 

Wire Transfer.  A Deposit made by wire will be considered timely delivered to the County upon submission of a federal wire reference number by the specified time.  Wire transfer instructions will be available from Springsted following the receipt and tabulation of proposals.  The successful bidder must send an e?mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies.

Once an award has been made, the Deposit received from the the Purchaser will be retained by the County and no interest will accrue to the Purchaser.  The amount of the Deposit will be deducted at settlement from the purchase price.  In the event the Purchaser fails to comply with the accepted proposal, said amount will be retained by the County.

AWARD

The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the County.  The County's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling.

The County will reserve the right to:  (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the County determines to have failed to comply with the terms herein.

CUSIP NUMBERS

If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds.  The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser.

SETTLEMENT

on or about December 7, 2017, the Bonds will be delivered without cost to the Purchaser through DTC in New York, New York.  Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate.  On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the County or its designee not later than 12:00 Noon, Central Time.  Unless compliance with the terms of payment for the Bonds has been made impossible by action of the County, or its agents, the Purchaser shall be liable to the County for any loss suffered by the County by reason of the Purchaser's non-compliance with said terms for payment.

CONTINUING DISCLOSURE

In accordance with SEC Rule 15c2-12(b)(5), the County will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events.  A description of this undertaking is set forth in the Official Statement.  The Purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds.

OFFICIAL STATEMENT

The County has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Bonds, and said Preliminary Official Statement will serve as a near-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.  For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the County, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223?3000.

A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts, and interest rates of the Bonds, together with any other information required by law.  By awarding the Bonds to the Purchaser, the County agrees that, no more than seven business days after the date of such award, it shall provide without cost to the Purchaser up to 25 copies of the Final Official Statement.  The County designates the Purchaser as its agent for purposes of distributing copies of the Final Official Statement to each syndicate member, if applicable.  The Purchaser agrees that if its proposal is accepted by the County, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with its syndicate members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member.

Adopted Unanimously

Elected Official Salary Discussion; Consensus Given to County Administrator

SPRINGER-HALL

Motion to adjourn

Adopted Unanimously

Agenda for this meeting

Video 1 of 1 (Direct)

 

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