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Minutes October 6, 2009
Wabasha County Board of Commissioners
Meeting of October 6, 2009
The Board of County Commissioners of Wabasha County, Minnesota, convened in Regular Session at the Wabasha County Services Building, in the City of Wabasha, Minnesota on Tuesday, October 6, 2009 at 9:00 a.m. The meeting was called to order by Board Chairman Windhorst. The following Commissioners were present: Windhorst, Dwelle, Riester, Norman and Hall.
RIESTER - HALL
Motion to approve the agenda.
Adopted Unanimously
Commissioners reported on meetings they had attended. Administrator’s Update: Set Highway Shop Tour CJC Open House Tuesday, October 13, 3:00-8:00 p.m. (conducted or wander?) No response to cropland lease advertisement AMC annual meeting, December 7-9
Mr. Keller came to the Board with concerns about the condition County Road 82.
Recessed for Regional Rail Authority Meeting at 9:23 a.m.
Reconvened at 9:40 a.m.
DWELLE – RIESTER
Motion to approve the consent agenda including the following: Claims Meal Vouchers SSIS Claims Minutes: September 22, 2009
Adopted Unanimously
David Kane from Kane & Johnson came before the Board with a presentation on how to bring the courthouse/annex up to ADA compliance. Option 1 was interior elevator with vestibule and an alternate; Option 2 is the ramp with unisex bathroom on the first level. Option 1, 12,000 ft becomes accessible; Option 2 only 6,000 sq feet becomes accessible. The alternate is to have the elevator stop in the basement. There was a motion made by Commissioner Riester and seconded by Commissioner Dwelle to get bids for Option 1 with alternate. That motion failed. Commissioners Windhorst, Hall & Norman voted nay.
DWELLE - RIESTER
Resolution No.: 2009-180
Whereas, Wabasha County is attempting to consolidate services to provide ease of access to our citizens, and;
Whereas, the Wabasha County Courthouse has not met ADA Standards since their inception in 1992, and;
Whereas, offices within the Courthouse and Annex will be vacated due to the completion of the new Criminal Justice Center, and; Whereas, it is planned to vacate the Public Health Building and move those services to the second floor of the Services Building and sell the Public Health Building. Thus, eliminating the need to maintain this building, and;
Whereas, it is necessary to undertake certain renovations to the Courthouse and Annex in order to better serve our citizens, and; Whereas, with the closing of the old Jail and Sheriff’s Office and the Public Health Building the County will be eliminating two existing facilities, and;
Whereas, in order to facilitate the movement of Public Health to the Services Building the existing offices on the second floor of the Services Building must be moved to the vacated areas of the Courthouse/Annex, and;
Whereas, an architectural firm has been engaged to provide alternative plans for renovation and to make the building ADA compliant and these plans have been presented to the Board.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Board approve bidding of the project to include several alternatives; 1) a ramp to the first level of the old Courthouse with an ADA restroom on that level, 2) an internal elevator from ground level to the first and second levels of the old Courthouse with an ADA restroom on the first level, and an alternate bid for an elevator that accesses the basement level, and an additional ADA restroom on the second level.
Nay: Norman, Hall
Adopted
NORMAN - DWELLE
Resolution No.: 2009-181
Whereas, Wabasha County is dedicated to being responsive to the needs and values of the citizens of Wabasha County, and;
Whereas, Wabasha County has limited resources to provide for the needs and values of the citizens of Wabasha County, and;
Whereas, it is in the best interest of the citizens of Wabasha County that all costs, including culvert materials and aggregate surfacing, of new or changed accesses and driveways shall be the responsibility of the landowner.
Be it resolved by the Wabasha County Board of Commissioners that all costs of new or changed accesses and driveways requested by the landowner shall be the responsibility of the landowner.
Adopted Unanimously
DWELLE - HALL
Resolution No.: 2009-182
Whereas, Wabasha County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge No. 79545, and
Whereas, the Commissioner of Transportation has given notice that funding for this bridge is available, and
Whereas, the amount of the grant has been determined to be $341,495 by reason of the lowest responsible bid.
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 for the bridge but not required.
Adopted Unanimously
NORMAN - HALL
Resolution No.: 2009-183
Whereas, Wabasha County has reviewed the pertinent data on bridges requiring replacement, rehabilitation, or removal; and
Whereas, Wabasha County has identified those bridges that are high priority and has previously established a list of those bridges that require replacement, rehabilitation, or removal; and
Whereas, the following additional bridges have been since identified as also requiring replacement, rehabilitation, or removal.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the following deficient bridges are high priority and Wabasha County intends to replace, rehabilitate, or remove these bridges as necessary when funds are available,
Old Bridge Number Jurisdiction Road Name Total Project Cost Federal Funds Township or State Bridge Funds Local or State Aid Funds Proposed Construction Year
L8984 Oakwood Twp 592nd Street 370,000 350,000 20,000 2012
L1005 County CSAH 6 500,000 300,000 200,000 2014
<10’ County CSAH 28 245,000 220,000 25,000 2014
<10’ County CSAH 4 245,000 220,000 25,000 2014
<10’ County CSAH 25 210,000 180,000 30,000 2014
L8984 Oakwood Twp 592nd Street 370,000 350,000 20,000 2012 Be it further resolved that Wabasha County does hereby request authorization to replace, rehabilitate, or remove such bridges; and
Be it further resolved that Wabasha County does hereby request financial assistance with eligible approach grading and engineering costs on township bridges, as provided by law.
Adopted Unanimously
RIESTER - NORMAN
Resolution No.: 2009-184
Whereas, Wabasha County is dedicated to the maintenance and construction of a safe and efficient county road system while being responsive to the needs and values of the citizens of Wabasha County, and;
Whereas, the primary focus of the Road and Bridge Improvement Plan is to direct the limited funds available to the highest priority needs of the County road system.
Be it resolved by the Wabasha County Board of Commissioners that the attached Wabasha County Highway Department 2010 – 2019 Road and Bridge Improvement Plan is hereby approved.
Adopted Unanimously
There was a motion made by Commissioner Norman to deny Resolution 2009-185 until the road issue has been resolved. Motion failed for lack of a second.
RIESTER - DWELLE
Resolution No.: 2009-185
Whereas, the Planning Commission held a public hearing on September 28, 2009 and reviewed the Conditional Use Permit Application by RANDY D & CHANTEL D ROUHOFF, 37088 COUNTY RD 3, LAKE CITY MN 55041. The request is for a Conditional Use Permit to allow Expansion of a Recreational Campground business as regulated under Article 20, Sec. 1 Subd. 7, Article 11, Sect. 3, Subd. 3, Article 13, & Article 14 regarding the expansion of a grand fathered business in the shore land district as addressed in the Wabasha County Zoning Ordinance. The conditional use involves the following property: Parcel # 09.00278.00 & 09.00292.00 & 09.00292.03 N1/2SE1/4 & S1/2NE1/4 west of River, Sec 27, T109N R14W (Mazeppa)
Whereas, the Planning Commission approved the request 4-1 and recommends approval from the County Board with the following conditions: None
Now therefore be it Resolved that the Wabasha County Board of Commissioners approves the Conditional Use request with listed conditions. N
ay: Norman
Adopted
It was suggested that the Zoning Administrator keep pursing a plan to upgrade the road.
DWELLE - RIESTER
Resolution No.: 2009-186
Whereas, the Planning Commission held a public hearing on September 28, 2009 and reviewed the Conditional Use Permit Application by Nature Energies, 2720 Superior Drive NW, Suite 103, Rochester MN 55901, submitted by Phil Schouweiler, to construct a temporary meteorological tower for wind analysis on the Bernard Murphy property located at: Parcel #R11.00201.03 SE1/4 of Section 26, T111N, R13W (Mt. Pleasant Township)
Whereas, the Planning Commission approved the request 5-0 and recommends approval from the County Board with the following conditions. A bond to be secured in the amount of $10,000.00 to address the removal of the tower in the event of non-removal in 2 years. Now therefore be it Resolved that the Wabasha County Board of Commissioners approves the Conditional Use request with listed conditions.
Nay: Windhorst, Hall
Adopted
DWELLE - HALL
Resolution No.: 2009-187
Whereas, the Planning Commission held a public hearing on September 28, 2009 and reviewed the Conditional Use Permit Application by JEFF GRANER, 62988 161ST AVENUE, KELLOG MN 55945, for the expansion of an existing business of a bulk liquid propane storage tank facility and activities associated with truck distribution of product as regulated under Article 9, Sect. 3, Subd. 17 of the Wabasha County Zoning Ordinance. The conditional use involves the property located at: PART OF LOT 1 (CVW) Parcel # 05.00352.00 Sec 34 T110N R10W (Greenfield) & GOVT LOTS 2, 3 & EX ELY 200' OF WLY 1326.99' OF NLY 383', GOVT LOT 5 (CVW) Parcel # 05.00370.00 Sec 35 T110N R10W (Greenfield)
Whereas, the Planning Commission approved the request 5-0 and recommends approval from the County Board with the following conditions: None.
Now therefore be it Resolved that the Wabasha County Board of Commissioners approves the Conditional Use request with listed conditions.
Abstained: Riester
Adopted
DWELLE – HALL
Resolution No.: 2009-188
Whereas, the Wabasha County Veteran Affairs Officer recommends Wabasha County apply for the 2010 Office Enhancement Grants. Whereas, there is a State of Minnesota Department of Veteran Affairs has been awarded $750,000 in grant money to be used by County Veteran Service Offices that must be distributed amongst eighty- seven (87) county service offices.
Whereas, the grants need to be applied for by October 16, 2009. Whereas, there will be five grants applied for totaling approximately $47,000.00 over a two year period of time.
Whereas, the grants will be used to enhance the County Veteran Affairs Office. Whereas, the State of Minnesota Department of Veteran Affairs will be making the decision on grants on November 25, 2008.
Whereas, the grants, if approved, will be given to Wabasha County for the service office sometime after January of 2009.
Whereas, according to County policy there must be board approval to allow the service officer to apply for and accept the State of Minnesota CVSO Grants.
Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that the Veteran Service Officer has the authority to apply for and accept the State of Minnesota CVSO grant money described above.
Adopted Unanimously
WELLE – NORMAN
Resolution No.: 2009-189
Whereas, the Wabasha County (hereinafter, “County”) and Minnesota AFSCME Council 65, Local 3541 Social Services Unit (hereinafter, “Union”) are parties to a Collective Bargaining Agreement; and
Whereas, the cost of healthcare is rising every year; and
Whereas, the cost of post retirement healthcare can prevent some Employees from retiring when they desire; and
Whereas, the Minnesota State Retirement System offers a program, authorized by MN Statute 352.98, which allows Employees to transfer their severance payments into a tax-free Health Care Savings Plan for use at a later date; and
Whereas, this Plan saves both the Employee and the Employer money;
Now, Therefore, Be It Resolved That the Union and the County Agree that upon separation with the County, all Employee’s Unused Sick Leave, as referred to in Article XX shall be transferred into a Tax-Free, Employer Sponsored Healthcare Savings Plan which is administered by the Minnesota State Retirement System.
Adopted Unanimously
DWELLE – RIESTER
Resolution No: 2009-190
Whereas, the position of PSAP Supervisor has been offered to Blaine Hentz and he has accepted the position; and
Whereas, the Wabasha County Sheriff’s Office is requesting authorization to set the pay step at Step 6 ($50,890.03/annually) effective October 6, 2009.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: The Wabasha County Sheriff’s Office is hereby authorized to set the pay step for the PSAP Supervisor position at Step 6 ($50,890.03/annually) effective October 6, 2009.
Adopted Unanimously
RIESTER - DWELLE
Resolution No.: 2009-191
Whereas, a cost allocation plan is necessary to recover indirect costs expended on behalf of programs of the US Department of Health & Humans Services, and
Whereas, the County has contracted with GMG, Inc to prepare the required cost allocation plan, and
Whereas, plan year 2008 was the final year of the agreement with GMG, Inc for cost plan services.
Now Therefore, be it resolved, that the Wabasha County Board of Commissioners hereby approves extending the agreement for an additional three (3) years at a fixed annual amount of $4,750 for each plan year.
Adopted Unanimously
RIESTER - DWELLE
Resolution No.: 2009-177
Whereas, Wabasha County has a County Attorney and two Assistant Attorneys and one of those Assistant Attorneys has tendered their resignation and;
Whereas, the workload in the County Attorney’s Office requires the replacement of the Assistant Attorney.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the position of Assistant County Attorney be advertised to fill the vacancy.
Nay: Norman
Adopted
RIESTER - DWELLE
Resolution No.: 2009-192
Whereas, Assistant County Attorney Lisa Bayley has resigned to work in her own law practice, and;
Whereas, Lisa has been working on numerous ongoing projects for the County, such as the Solid Waste Haulers Contract, Planning & Zoning, SHIP Grant, Personnel Policy and Joint Powers Agreements, and;
Whereas, it is beneficial for the County to enter into a short-term contract with Lisa to ensure continuity until such time as a replacement attorney can be hired and brought up to speed on these issues.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners authorizes the County Administrator to enter into a contract with Lisa Bayley at the rate of $175 an hour with anticipated hours not to exceed 4-8 hours per week for the duration of the contract. All hours of services to be approved by the County Administrator.
Adopted Unanimously
Assistant County Attorney Lisa Bayley would like to place a temporary limit on the number of new solid waste hauler licenses that the county allows. Olmsted County has done the same thing. The reason is, if one of the solid waste haulers on the contract decides to walk away the contract is no longer valid.
RIESTER - HALL
Motion to recess to the Criminal Justice Center Tour on October 13th.
Adopted Unanimously
 

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