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Minutes May 19, 2015

Wabasha County Board of Commissioners

Meeting of May 19, 2015

 

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, May 19, 2015 at 9:00 a.m.

 

The meeting was called to order by Board Chairman Wobbe.

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

 

GOIHL - SPRINGER

Motion to approve the agenda.

Adopted Unanimously

 

Public Forum Comments: Lake Improvement District

 

SPRINGER - KEY

Motion to approve the consent agenda including the following:

Claims

Minutes: May 5, 2015 regular meeting and social host ordinance public hearing; amended 02/24/15 minutes

Meal Vouchers

Per Diems

Resolution No.: 2015-099

Whereas, on January 27, 2015 the County Board authorized the budgeted hire of the above referenced position; and

Whereas, Since that time human resources has sought feedback from county staff to update and revise the existing job description for the position. Based on the feedback that was received an updated job description was drafted; and

Whereas, The job description was reviewed by an outside consultant who recommends that the position be placed on the appropriate non-union salary scale (Pay Grade 3)

Now Therefore Be It Resolved, by the Wabasha County Board of Commissioners that the Administrative Specialist position be classified as a non-union position and be placed on Pay Grade 3 of the non-union salary grid.

Adopted Unanimously

 

Presentation by Brenda Krueger from Springsted, Inc. regarding Bond Refinancing.

Presentation by Loren Benz, Wabasha County Assessor, on property valuations.

 

GOIHL - KEY

Resolution No. 2015-100

Be It Ordained by the Board Chairman and Commissioners of the County of Wabasha, Wabasha County, Minnesota, as follows:

Section 1. That the Wabasha County Code shall be amended by adding a new Chapter 1, as follows:

CHAPTER 1

Definitions

SECTION:

Subdivision 1. Definitions. The following terms, as used in this section, shall have the meanings stated:

a. Alcohol. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.

b. Alcoholic beverage. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

c. Event or gathering. "Event or gathering" means any group of three or more persons who have assembled or gathered together for a social occasion or other activity.

d. Host. "Host" means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.

e. Parent. "Parent" means any person having legal custody of a juvenile as natural, adoptive, or step-parent; as legal guardian; or as a person to whom legal custody has been given by order of the court.

f. Person. "Person" means any individual, partnership, co-partnership, corporation, or any association of one or more individuals.

g. Residence or Premises. "Residence" or "premises" means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.

h. Underage person. "Underage person" is any individual under twenty-one (21) years of age.

 

Section 2. That the Wabasha County Code shall be amended by adding a new Chapter 2, as follows:

CHAPTER 2

Prohibited Acts

SECTION:

Subd. 2. Prohibited acts. It is unlawful for any person(s) to host an event or gathering at any residence or premises, or any other private or public property, where alcohol or alcoholic beverages are present, when the person knows or reasonably should know that an underage person will or does (1) consume any alcohol or alcoholic beverage; or (2) possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).

Subd. 3. A person is criminally responsible for violating this section if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.

 

Section 3. That the Wabasha County Code shall be amended by adding a new Chapter 3, as follows:

CHAPTER 3

Exceptions

SECTION:

Subd. 4. Exceptions.

a. This section does not apply to conduct solely between an underage person and his or her parents while present in the parent's household.

b. This section does not apply to legally protected religious observances.

c. This section does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are subject to Minn. Stat. § 340A.503, Subd. 1(a)(1).

d. This section does not apply to underage persons who are lawfully in possession of alcohol or alcoholic beverages during the course and scope of their employment.

 

Section 4. That the Wabasha County Code shall be amended by adding a new Chapter 4, as follows:

CHAPTER 4

Enforcement

SECTION:

Subd. 5. Enforcement. This section is enforceable by any certified peace officer.

Subd. 6. Severability. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality shall not affect the validity of the remaining portions of this law, which shall continue in full force and effect.

 

Section 5. That the Wabasha County Code shall be amended by adding a new Chapter 5, as follows:

CHAPTER 5

Penalty

SECTION:

Subd. 7. Penalty. Violation of this section is a misdemeanor.

This ordinance shall take effect upon its passage and publication.

Adopted Unanimously

SPRINGER - KEY

Resolution No: 2015-101

Contract #91971

Whereas, the Wabasha County Sheriff's Office has been authorized to participate in the 2015 Federal Supplemental Boating Safety Patrol Grant; and

Whereas, the Sheriff's Office has received the 2015 contract which needs to be approved and signed by the Sheriff, County Auditor (or equivalent) and County Board Chairperson; and

Whereas, the Sheriff requests the approval and signing of the 2015 Minnesota Department of Natural Resources Federal Supplemental Boating Safety Patrol Grant by the County Auditor (or equivalent) and Chairperson of the County Board.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the 2015 Minnesota Department of Natural Resources Federal Supplemental Boating Safety Patrol Grant is hereby approved and authorizes it's signing by the Sheriff, County Auditor, and County Board Chairperson.

Adopted Unanimously

SPRINGER - HALL

Resolution No.: 2015-102

Whereas, On April 28, 2015 the Wabasha County Board of Commissioners received an update regarding the County's Clean Water Plan from the Wabasha Soil and Water Conservation District (SWCD); and

Whereas, the SWCD would like to hold a public hearing with the Wabasha County Board of Commissioners to receive public comments on the proposed plan; and

Now Therefore Be It Resolved, that the Wabasha County Board of Commissioners sets the Public Hearing for the proposed Clean Water Plan for June 2, 2015 at 9:15am.

Adopted Unanimously

KEY - SPRINGER

Resolution No.: 2015-103

Whereas, the following applicant wishes to have its "1 to 4 Day Temporary On-Sale Liquor License" approved: Mazeppa Area Jaycees, 63633 298th Ave, Millville, West Albany Township, and

Whereas, the liquor license will be in effect for July 18, 2015.

Now therefore be it Resolved by the Wabasha County Board of Commissioners hereby approves the "1 to 4 Day Temporary On Sale Liquor Licenses" to the Club listed above, subject to the approval of the State of Minnesota Liquor Control Commissioner.

Adopted Unanimously

SPRINGER – KEY

Resolution No: 2015-104

Whereas, the following applicants wish to have their County On Sale and Off 3.2 Beer Licenses approved:

On Sale

Dale Preble Mazeppa Area Jaycees West Albany Township
Steven Schwen Oak Center General Store Gillford Township

On & Off Sale

Roy Eggenberger Roy's Tavern West Albany Township

 

Whereas, the applications have been approved by the County Attorney and County Sheriff and have paid the required license fee. Term of license is from July 1, 2015 to June 30, 2016.

Now therefore be it resolved by the Wabasha County Board of Commissioners hereby approves the renewal of 3.2 Beer License to the individuals listed above, subject to the approval of the State of Minnesota.

Adopted Unanimously

SPRINGER – GOIHL

Resolution No.: 2015-105

Whereas, the following applicant wishes to have their Minnesota Lawful Gambling – Premise Permit Application approved: Millville Valley Legion Post # 579 in Zumbro Township, 60146 Hwy 63, Zumbro Falls, at Zumbro Falls Golf Club, and

Whereas, the application is good for two years.

Now therefore be it Resolved by the Wabasha County Board of Commissioners hereby approves the Minnesota Lawful Gambling - Premises Permit Application for the Millville Valley Legion Post # 579 in Zumbro Township, subject to the approval of the State of Minnesota Gambling Control Board.

Adopted Unanimously

SPRINGER - GOIHL

Resolution No.: 2015-106

Whereas, Chippewa Concrete Services Inc. is the lowest responsible bidder for SP 079-625-015, SP 079-070-007, and SP 079-602-039 Minn. Proj. STPM – HSIP 7915(194).

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that Wabasha County hereby accepts the bid of Chippewa Concrete Services Inc. for SP 079-625-015, SP 079-070-007, and SP 079-602-039 Minn. Proj. STPM – HSIP 7915(194) in the amount of $4,616,166.42 and that the Chair of the County Board and the County Administrator are hereby authorized to execute a Contract with Chippewa Concrete Services Inc. for this work.

Adopted Unanimously

GOIHL - KEY

Resolution No.: 2015-107

Whereas, the County of Wabasha is planning to implement County State Aid Highway projects in 2015 which will require State Aid funds in excess of those available in its State Aid Regular Construction Account and for construction project SP 079-602-039 which has been programmed in the STIP for the fiscal year 2017, and

Whereas, said County is prepared to proceed with the construction of said projects through the use of an advance from the County State Aid Construction Fund to supplement the available funds in their State Aid Regular Construction Account, and

Whereas, the advance is based on the following available balances and estimated expenditures:

Regular Account Balance available as of date 5/7/2015 $1,008,044

Estimated disbursements:

Project SP 079-625-015 (Reg)

$1,250,000

Project SP 079-602-039 (Reg)

$1,300,000

Project SP 079-070-007 (Reg)

$30,000

Project SAP 079-628-001 (Reg)

$150,000

Project SAP 079-628-002 (Reg)

$100,000

 

Total Estimated Disbursements

$2,830,000

Total Requested Advance Amount (Reg)

$1,821,956

 

Whereas, repayment of the funds so advanced will be made in accordance with the provisions of Minn. Stat. 162.08, Subd. 5 & 7 and Minn. Rules, Chapter 8820, or from Federal funds in the programmed project year, and

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

the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved County State Aid Highway projects of the County of Wabasha in an amount up to $1,821,956 in accordance with Minnesota Rules 8820.1500, Subp. 9 and hereby authorize repayments from subsequent accruals to the Regular Construction Account of said County from future year allocations until fully repaid.

Adopted Unanimously

SPRINGER – HALL

Resolution No.: 2015-108

Exhibit E for Grant Agreement to State Transportation Fund

Local Road Improvement Program

SP 079-625-015

Whereas, Wabasha County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement and

Whereas, the Commissioner of Transportation has given notice that funding for this project is available; and

Whereas, the amount of the grant has been determined to be $500,000;

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that Wabasha County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, subdivision 5, clause (3), and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated but not required. The Chair of the County Board and County Administrator are hereby authorized to execute the grant agreement with the Commissioner of Transportation.

Adopted Unanimously

SPRINGER – GOIHL

Resolution No.: 2015-109

Whereas, Minnesota Statute 163.07 states that each county appoint and employ a county highway engineer, and

Whereas, Minnesota Statute 163.07 states that all reappointments shall be for a term of four years and made in the May of the year in which the term expires, and

Whereas, County Highway Engineer Dietrich Flesch's current term of appointment expires in May 2015.

Now Therefore Be It Resolved that the Wabasha County Board of Commissioners hereby reappoints County Highway Engineer Dietrich Flesch to a four year term from May 2015 to May 2019.

Be it Further Resolved that the Engineer be placed on Pay Grade 13, Step 9, representing a salary of $98,423.

Adopted Unanimously

SPRINGER – HALL

Resolution No.: 2015-110

Whereas, Wabasha County now files criminal charges through an e-Charging system;

Whereas, the Office of State Court Administration has expanded this system by creating an Internet-based access to court documents, e-filing and communication with local court administration for the efficient filing of documents and pleadings.

Whereas, eventually the Wabasha County Attorney's Office will be required to submit filings through this online system.

Whereas, in order to access this system, the County Attorney's Office must sign the Master Subscriber Agreement for Minnesota Court Data Services.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners hereby authorizes the Wabasha County Attorney to enter into the Master Subscriber Agreement for Minnesota Court Data Services.

Adopted Unanimously

GOIHL - KEY

Resolution No. 2015-111

Whereas, since early 2010 the Wabasha and Olmsted County Boards have worked together in a collaborative manner to develop and support the Lake Zumbro Improvement District; and

Whereas, during that time frame a number of meetings have been held regarding the scope of the project, the schedule of the proposed project, and how the project would be funded; and

Whereas, through meetings with Wabasha and Olmsted County officials, a non-binding joint County funding contributions have been reached which includes the following provisions:

1. Wabasha County would agree to contribute $100,000 towards the LID project.

2. Olmsted County would agree to contribute $300,000 towards the LID project.

3. Those payments would be spread out over a period of years

4. Olmsted County would agree to be the fiscal agent for the project

Whereas; it is understood that, if passed, this resolution would not be legally but would be a statement of intent that the Wabasha County Board agrees with the general provisions outlined above; and

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners accepts the general provisions outlined above and authorizes the County Administrator and the County Attorney to engage in additional discussions with Olmsted County to finalize a contract for making a joint contribution towards the Lake Zumbro Improvement District. It is understood that should an agreement not be able to be reached between Wabasha and Olmsted County and successfully be adopted by both boards at a future date, that this resolution is null and void.

Nay: Wobbe

Adopted

 

Commissioners reported on meetings they attended.

 

HALL - GOIHL

Motion to adjourn.

Adopted Unanimously

Agenda for this meeting

Video 1 of 2 (Direct)

Video 2 of 2 (Direct)

 

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