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Minutes March 20, 2012

Wabasha County Board of Commissioners

Meeting of March 20, 2012

 

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, March 20, 2012 at 3:00 p.m.

 

The meeting was called to order by Board Chairman Harms.

 

The following Commissioners were present: Hall, Wobbe, Harms, Roschen, Norman,

 

WOBBE - ROSCHEN

Motion to approve the agenda.

Adopted Unanimously

Public Forum Comments: County government

 

WOBBE - HALL

Motion to approve the consent agenda including the following:

Claims

Meal Vouchers

SSIS Claims

Minutes: March 6, 2012

Donation of $200 received from Carrie & Brian Boelke to the Substance Abuse Court in recognition of Judge Terrance M. Walters; donation of $100 received from Beverly Poncelet to the Youth Link Mentorship Program.

Abstain: Roschen

Adopted

County Days will be held May 8, 2012.

 

NORMAN - ROSCHEN

Resolution No.: 2012-051 (Revised)

Whereas, Richard Bremer (29393 714th Street, Lake City, MN) has applied for a Conditional Use Permit to operate a rock quarry on property located in the SW ¼, Section 16, Township 111 North, Range 12 West, Town of Lake; and

Whereas, The Wabasha County Planning Commission has conducted a public hearing on the request on November 28, 2011 and on February 27, 2012; and

Whereas, the Planning Commission approved the request with a vote of 5-0 and recommends approval from the County Board with conditions; and

Whereas, the Wabasha County Planning and Zoning Administrator in cooperation with Mr. Bremer's consultant who is a MN Licensed Professional Geologist have expanded the conditions of the Planning Commission for purposes of clarification and are as follows:

1. Applicant shall have a complete reclamation plan approved by the Wabasha County Soil and Water Conservation District. Reclamation of the quarry face may include a high wall design with six foot wide terraces for every thirty feet of vertical rock. The reclamation plan for the quarry shall be designed by a Minnesota Licensed Professional Geologist and Minnesota Licensed Professional Engineer.

2. Prior to any new mining, the applicant shall submit a grading plan to Wabasha County Environmental Services signed by a Minnesota Licensed Geologist and a Minnesota Licensed Professional Engineer. Any changes to the proposed plans in the future shall require submittal of a revised grading plan prepared and signed by a Licensed Professional Engineer.

3. Reclamation plan provisions for vegetation to be used for site stabilization and erosion control of the quarry shall be approved by a Registered Licensed Landscape Architect.

4. An easement shall be obtained prior to any erosion control structure being constructed on property not owned by the landowner of the quarry.

5. The lowest elevation of the quarry floor shall be 980 ft. (AMSL). No mining of silica sand shall be conducted on the property.

6. General hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday excluding state and/or federal holidays. Maintenance of equipment will not be limited to these hours. Also, all equipment used in the general operation of the pit will be permitted to have engines started at 6:30 a.m. to warm up so as to allow for full operation at 7:00 a.m.

7. Hours for drilling of blasting holes and overburden stripping shall be limited to 8:00 a.m. to 5:30 p.m. Monday through Friday excluding state and/or federal holidays.

8. Hours for crushing shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday excluding state and/or federal holidays. The engine that provides power to the crusher will be permitted to start at 6:30 a.m. to warm up so as to allow for full operation starting at 7:00 a.m.

9. Hours for blasting shall be limited to 10:00 a.m. to 4:00 p.m. Monday through Friday excluding state and/or federal holidays.

10. Blasting shall adhere to U.S. Bureau of Reclamation-Recommendation RI8507 regarding ground vibration on adjacent properties and shall limit air overpressure to 133 decibels.

11. Notice shall be provided at least twenty-four (24) hours in advance to residents within 1500 feet of the quarry for all blasting.

12. Notice of blasting signs shall be placed on the day of blasting at the entrance to the pit off of the public road and at all field driveway entrances to the parcel where blasting will occur.

13. Seismographs shall be placed on the Weber property, the Brinkman Property, and at one location on a public road in the Windcliff Subdivision to record ground vibration due to blasting activity in the quarry. If a landowner wishes to prohibit the placement of a seismograph on their property, the seismograph will be placed on land owned by the quarry nearest to the respective landowner's home.

14. Blasting logs and all seismograph records shall be sent to the Wabasha County Planning and Zoning Department within fifteen (15) days of any blast.

15. Bonding for reclamation shall be set at $25,000 initially and proof of annual renewal shall be delivered to the Wabasha County Planning and Zoning Department by December 31st for the following year. Bonding requirements will be reviewed every five (5) years until quarry is reclaimed according to the reclamation plan.

16. Screening of the pit shall utilize evergreen species recommended by a Minnesota Licensed Landscape Architect unless otherwise specified and shall include three phases as follows:

• Ten evergreen trees (minimum 6 foot tall) will be planted on the south side of the quarry in a double row with 25 foot spacing to help screen the area stripped of overburden in 2011 from the Brinkman residence .

• A double row of white pine seedlings will be planted every 10 feet in 2012 for a total distance of 840 feet along the proposed south side of the quarry.

• As new stripping creates the berm around the perimeter of the pit, evergreen trees will be planted every 10 feet at the top of the berm and the toe of the berm

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit application submitted by Richard Bremer to operate a rock quarry with the conditions listed above and to apply to parcel 08.00074.00, 08.00085.00, 08.00072.03, 08.00085.03 and parcel 08.00077.03.

Nay: Wobbe

Adopted

 

Commissioners Harms and Roschen were appointed to the Joint Planning Board as primary members.

 

NORMAN - HALL

Resolution No.: 2012-052

Whereas, Charles F. Cliff (65624 340th Ave., Lake City, MN) has submitted an application to rezone property described as parcel 07.00022.00 located in the N ½ N ¼, Section 4, Township 109 North, Range 13 West, Town of Hyde Park, from the A-1 district to the A-2 district ; and

Whereas, The Wabasha County Planning Commission has conducted a public hearing on the request on February 27, 2012; and

Whereas, the Planning Commission on a 5-0 vote wishes to forward the application to the Wabasha County Commissioners for consideration with a recommendation of approval.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the request submitted by Charles F. Cliff to rezone the property as described above to the A-2 zoning district.

Adopted Unanimously

ROSCHEN – WOBBE

Resolution No.: 2012-053

Whereas, South Country Health Alliance (SCHA) and Wabasha County have previously agreed to the terms of the 2010 Delegation Agreement; and

Whereas, SCHA wishes to make changes in the rates for care coordination, the Connector position, and ownership disclosure information; and

Whereas, SCHA wishes to make Wabasha County aware of changes in responsibility for delegated services; and

Whereas, the Directors of Public Health Services and Social Services recommend the delegation agreement be approved;

Now therefore be it resolved by the Wabasha County Board of Commissioners hereby authorizes the Directors of Public Health and Social Services to sign the 2012 delegation agreement amendment on behalf of the County.

Adopted Unanimously

ROSCHEN - NORMAN

Resolution No.: 2012-054

Whereas, With the change in the Wabasha County Government structure as of January 1, 2012, some Wabasha County employees do not have a direct supervisor to report to; and

Whereas, on a day to day basis staff need to know the supervisory lines of authority;

Now Therefore be it Resolved, by the Wabasha County Board of Commissioners that: temporary assignment of supervisor authority be delegated as follows and be effective as of today. This authority will remain in place until such time as the Board makes other decisions about the supervision of these employees:

• All department heads will report directly to the County Board

• Deb Koenig will supervise the following employees; Laura Kreofsky, Anne Meurer, Ed Graner, John Graupner, Gerald Marking

• Denise Anderson will supervise Connie Vaplon and Shawn Gertken

• Kyle Jarvis will act as department head and supervise Paul Tuchtenhagen

Adopted Unanimously

HALL - NORMAN

Resolution No.: 2012-055

Be it resolved by the Wabasha County Board of Commissioners acting as the Wabasha County Regional Rail Authority that Wabasha County enter into the attached Great River Ridge State Trail Cooperative Agreement Wabasha County Regional Rail Authority Maintenance and Operation and authorizes the Chairman of the Board and Clerk of the Board to execute the Agreement.

Adopted Unanimously

ROSCHEN - HALL

Resolution No.: 2012-056

Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby authorizes Wabasha County Highway Department to advertise for applicants for three - 2012 Part-Time Temporary Summer Employment Positions.

Adopted Unanimously

ROSCHEN – NORMAN

Resolution No.: 2012-060

The County is offering an early retirement incentive for employees and officers who are currently eligible for a full or reduced pension through PERA or would be eligible for the current County retiree health insurance program following retirement. In addition to any other continued paid insurance benefits provided by union contracts or County Policy Manual. This is a one-time offer and available to employees from all Departments

All participants in the Early Retirement Incentive Program will receive:

• Severance pay equal to 75% of unused sick leave and 100% of unused vacation accumulated as of the last day of employment. Sick leave and vacation severance will be paid out as a lump sum cash payment upon separation from employment at the employee's current hourly rate of pay as of the date of separation, less appropriate payroll deductions and subject to all withholding taxes. The lump sum payment from the employees' accrued sick time will be deposited with the Minnesota State Retirement System Health Savings Plan as required by any collective bargaining agreement or in conformity with County Policy.

• Employees will receive two (2) years of County contribution to any health or medical plan offered by the County, not to exceed $681.50 per month. Any plan selected over the County's contribution limit may be elected with the retiree responsible for reimbursing Wabasha County the cost difference between the plans. Under no circumstances shall payment be made to an employee who selects a plan with a lower County contribution limit nor will the County be required to make any contribution to any Health Savings Accounts that an employee may maintain. The County may, at its discretion, change insurance carriers and/or change or modify the level of benefits during this period. If an eligible participating employee receives health insurance coverage at no cost through another employer, the County health/medical insurance coverage shall be secondary.

Whereas, Wabasha County is supportive of employees preparing themselves for retirement; and,

Whereas, Wabasha County continues to explore options and initiatives to address ongoing fiscal challenges; and

Whereas, the Wabasha County Board of Commissioners recognizes that it may be to the County's benefit to offer an Early Retirement Incentive Program (ERIP) to employees who meet certain eligibility requirements whether to adjust workforce levels, enable workforce planning, facilitate reorganization initiatives, or to realize budgetary savings in reduction of salary expenses; and

Whereas, ERIP will only be offered for a limited period of time to all eligible employees;

Now Therefore, Be It Resolved, by the Wabasha County Board of Commissioners, in and for the County of Wabasha, Minnesota, that the Wabasha County Early Retirement Incentive Program is duly adopted; and

Be It Further Resolved, that all employees will be provided with the program description, the Participation Agreement and General Release Form (Waiver), and advise them to consult with an attorney and financial planner regarding the impact of the plan on their specific situation.

Nay: Wobbe, Hall

Adopted

NORMAN - HARMS

Resolution No: 2012-057

Whereas, the Wabasha County Board recognizes certain necessary expenses are incurred while performing the official duties connected with the office of county commissioner; and

Whereas, Wabasha County has an already established precedent regarding the reimbursement of legal fees for elected officials; and

Whereas, Chief Justice Lorie Gildea of the Minnesota Supreme Court has ruled the recall petition brought against Commissioner Deb Roschen failed to allege specific facts and did not constitute malfeasance; and

Whereas, Chief Justice Lorie Gildea ordered the petition for removal from office be dismissed; and

Whereas, Commissioner Deb Roschen has incurred legal fees as a result of this inconsequential petition for removal; and

Whereas, the Wabasha County Board has determined any and all personal legal fees resulting from this recall process should be reimbursed to Commissioner Deb Roschen;

Now therefore be it resolved, that the Wabasha County Board of Commissioners hereby authorizes the full reimbursement of all Commissioner Deb Roschen's legal fees resulting from the recall effort, said amount being $630.44.

Nay: Hall, Wobbe

Yea: Harms, Norman

Abstain: Roschen

 

Motion was made by Norman with no second. Harms stepped down as Chair, and Wobbe as Vice Chair asked for a second. Harms seconded.

Motion Failed

 

ROSCHEN - NORMAN

Resolution No: 2012-058

Whereas, the Wabasha County Board has adopted a Mission, Vision and Values Statement for Wabasha County government to be fiscally responsible; and

Whereas, the Wabasha County Board has been actively seeking means to reduce county government spending to live within the means of our constituents; and

Whereas, the abolition of the payment of health care benefits (cafeteria plan) for elected County Commissioners will provide significant reductions in contribution costs for the county, potentially saving in excess of $89,000 per year; and

Whereas, the Wabasha County Comprehensive Policy Manual (Policy 300-2) states, Seasonal, temporary and intermittent employees, and regular part-time employees who work less than thirty (30) hours per week do not qualify for the Cafeteria Plan; and

Whereas, the Wabasha County Board recognizes their duty to be leaders amongst the management team and the importance of establishing the expectation and direction of county government; and

Whereas, the cost of employee benefits continues to increase and there is a financial need for employees to share in the costs of said benefits; and

Whereas, the elected position of county commissioner is to be one of a public servant;

Now therefore be it resolved, that the Wabasha County Board of Commissioners are no longer eligible for the county funded cafeteria plans; and

Be it further resolved, the Wabasha County Board of Commissioners recognizes the importance of healthcare availability to these elected positions and hereby consents the County Commissioners the ability to purchase into the Wabasha County insurance plan(s) at their own expense. Be it further resolved, this policy will become effective on January 1, 2013.

Nay: Wobbe, Hall

Adopted

WOBBE - HALL

Resolution No.: 2012-059

Whereas, the Wabasha County Attorney's Office has provided prosecution services to the City of Plainview from April 2008 to present.

Whereas, the City of Plainview wishes to extend the contract for one year starting April 2012.

Whereas, the County Board of Commissioners, with the recommendation of the County Attorney that said contract be extended at a cost to the City of Plainview of $1600 per month.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the chairman of the County Board and its Acting Board Clerk sign said contract upon receipt from the City of Plainview.

Adopted Unanimously

 

Commissioners reported on meetings they attended

 

ROSCHEN - HALL

Motion to recess to Wabasha County Government Study Commission meeting March 22.

Adopted Unanimously

Agenda for this meeting

 

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