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Minutes February 22, 2011
 Wabasha County Board of Commissioners
Meeting of February 22, 2011
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, February 22, 2011 at 11:00 a.m. The meeting was called to order by Board Chairman Norman. The following Commissioners were present: Norman, Hall, Roschen, Wobbe, Harms
HALL - HARMS
Motion to approve the agenda.
Adopted Unanimously
Commissioners reported on meetings they attended. Administrator’s Update: Township meeting tonight in Millville at 7:30 p.m. Jail meeting at Goodhue County Law Enforcement Center, 9:30 a.m. February 25 Asbestos abatement $4,250 – K&J $19K, approval at March 1 meeting Judy Ohly spoke at the Public Forum in regard to the Lake Zumbro Improvement District
ROSCHEN – HALL
Motion to approve the consent agenda including the following: Claims Meal Vouchers SSIS Claims Minutes: February 15, 2011
Adopted Unanimously
WOBBE - ROSCHEN
Resolution No.: 2011-037
Whereas, Wabasha County must enter into a grant agreement with the State of Minnesota Division of Homeland Security and Emergency Management and the Minnesota Department of Natural Resources for the complete buyout, property elevation , and house only buyout program; and
Whereas, the State of Minnesota Division of Homeland Security and Emergency Management and the Minnesota Department of Natural Resources requires the County to set policies for the program; and
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that they adopt the attached Wabasha County Voluntary Acquisition Program Plan for the complete buyout, property elevation, and house only buyout program.
Adopted Unanimously
HALL - HARMS
Resolution No.: 2011 - 038
Whereas, this Grant is made between the State of Minnesota, acting by and through its Commissioner of Natural Resources (hereinafter the "State") and Wabasha County, Minnesota, 625 Jefferson Avenue, Wabasha, Minnesota 55981 (hereinafter the "Grantee").
Whereas, the State is authorized by Laws of Minnesota, 2010, Second Special Session, Chapter 1, Article 1, Section 9, Subdivision 4, to provide flood response and recovery grants to local units of government for removal of flood debris from public waters resulting from the floods of September 2010; and
Whereas, the Grantee has submitted an application to the State for an In-stream Debris Removal grant; and
Whereas, the State has determined that the Grantee should receive In-stream Debris Removal assistance; and
Whereas, the Grantee represents that it is duly qualified and willing to perform the services set forth herein.
Now Therefore, it is agreed between the State and the Grantee as follows: Accepting the Flood Hazard Mitigation Grant agreement Resolution: Between the Minnesota Department of Natural Resources and Wabasha County for in-stream debris removal in the amount of $40,000.00.
Adopted Unanimously
HARMS - WOBBE
Resolution No.: 2011-039
Whereas, it is the policy of the legislature that residents of the state be protected from the injurious effects of noxious weeds on public health, the environment, public roads, crops, livestock, and other property. Minnesota Statutes, Sections 18.76 to 18.91 contain procedures for controlling and eradicating noxious weeds on all lands within the state.
Whereas, the County Board shall either appoint at least one county agricultural inspector to carry out the duties specified under section 18.81, subdivisions 1a and 1b, or a county-designated employee to carry out the duties specified under section 18.81, subdivision 1a.
Now therefore, be it resolved that the Wabasha County Board designates Tracy Pooler as the Wabasha County (Agricultural Inspector), to carry out the duties of Minnesota Statues 18 as designated under law.
Adopted Unanimously
ROSCHEN – HALL
Resolution No.: 2011-040
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 SP 088-070-025, Minn. Proj. HSIP 8811(149).
Adopted Unanimously
HARMS - HALL
Resolution No.: 2011-041
Be it resolved by the Wabasha County Board of Commissioners that Wabasha County enter into the attached “Utility Relocation Agreement and Contract for Quitclaim Deed or Conveyance of Rights in Land” with Dairyland Power Cooperative.
It is further resolved by the Wabasha County Board of Commissioners that the County Board of Commissioners Chair and the County Engineer is authorized to execute the Agreement and any amendments to the Agreement.
Adopted Unanimously
HALL - HARMS
Resolution No.: 2011-042
Whereas, the Wabasha County Highway Department proposes to acquire land along the existing right of way of County State Aid Highway 4 for the purpose of reconstructing this road under S.P. 079-604-044; and
Whereas, S.P. 079-604-044 is necessary in order to improve this segment of County State Aid Highway 4 to meet Minnesota State Aid standards and provide for public health, welfare, safety and convenience; and
Whereas, the lands necessary to be acquired for S.P. 079-604-044 are described in Wabasha County Highway Right of Way Plat No. 40.
Now therefore be it resolved that the Wabasha County Board of Commissioners hereby accepts Wabasha County Highway Right of Way Plat No. 40.
Be it further resolved, that the Wabasha County Board of Commissioners hereby authorizes the County Highway Engineer to proceed to acquire the necessary lands as described in Wabasha County Highway Right of Way Plat No. 40 in accordance with applicable laws and statutes.
Adopted Unanimously
ROSCHEN - HALL
Resolution No: 2011-043
Contract #B52803
Whereas, the Wabasha County Sheriff’s Office has been authorized to participate in the 2011 State Boat and Water Safety Grant; and,
Whereas, the Sheriff’s Office has received the 2011 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 2011 Minnesota Department of Natural Resources State Boat and Water Safety 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 2011 Minnesota Department of Natural Resources State Boat and Water Safety Grant is hereby approved and authorizes it’s signing by the County Administrator and Chairman of the County Board.
Adopted Unanimously
HARMS - HALL
Resolution No.: 2011-044
Whereas, Public Health has a 2000 Ford Taurus, inventory #010242, which has 169,000 miles, required 1,800 Dollars in repairs in 2009-2010, and has not been running since Nov 2010, and
Whereas, the County Board made the decision in 2010 to not pursue any further repairs of the vehicle
Now Therefore be it Resolved, by the Wabasha County Board of Commissioners that: the 2000 Ford Taurus, inventory number 010242 be disposed of by selling it on e-bay to the highest bidder.
Adopted Unanimously
HALL - HARMS
Resolution No.: 2011-045
Whereas, the Wabasha County Veterans Service Director applied for State MN Department of Affairs Grants.
Whereas, the grant contracts have been received and the State of MN has awarded Wabasha County with $15,750.00 over two years.
Whereas Wabasha County agrees to enter into the Grant Contract with the MNDVA to conduct the Veteran Service Enhancement Projects, Transportation grant, Collaboration grant and outreach grant.
Whereas the grant must be used to enhance the operations of the County Veteran Service Office under Minn. Statutes Section 197.608 Subd. 4(a), and should not be used to supplant or replace other funding.
Whereas the Wabasha County Veteran Service Director Lisa Jaeger is authorized to execute the grant contract on behalf of the county.
Whereas, it is required that Wabasha County officially accept the grants and execute the State of MN DVA contracts.
Whereas this contract will be executed also by the Wabasha County Board Chair Merle Norman who certifies to be the custodian of the minutes of all proceedings held by Wabasha County.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners hereby approves.
Adopted Unanimously
HALL -
Resolution No.: 2011-046
Whereas, a group of property owners within the proposed lake improvement district on Lake Zumbro have submitted a petition to the Wabasha County Board which conforms to the requirements set forth in Minnesota Statutes Section 103B.521, Subd. 1 and Minnesota Rule 6115.0970, Subp. 1; and
Whereas, the citizen’s group which submitted the petition has provided a certified copy of the petition to the Commissioner of the Minnesota Department of Natural Resources and to the Minnesota Pollution Control Agency as required by Minnesota Rule 6115.0970, Subp. 2A; and
Whereas, on November 30, 2010, the Wabasha County Auditor verified the authenticity of the signatures on the petition; using the same original criteria, certified that 106 property owners on behalf of a possible 291 property owners in the Wabasha County portion of the proposed LID or 36% had signed the initial LID creation petition and notified the Wabasha County Board as required by Minnesota Statutes Section 103B.521, Subd. 2; and
Whereas, on November 9, 2010 the Director of Olmsted County Property Records and Licensing originally verified the authenticity of the signatures on the petition, certified that 193 property owners on behalf of a possible 294 property owners or 66% had signed the initial LID creation petition and notified the Olmsted County Board as required by Minnesota Statutes Section 103B.521, Subd. 2; and Whereas, this initially meant that considering all of the parcels within the proposed LID in both counties, 299 property owners on behalf of a possible 585 property owners had signed the petition or 51% which was a majority of all property owners as required by Minnesota Statutes Section 103B.521, Subd. 1(b); and
Whereas, Wabasha County has, at least 21 days prior, provided notice of a public hearing on the petition to the DNR and the MPCA, all owners and residents within the proposed District, local and regional units of government, special purpose districts, development commissions, and corporations and utilities owning property within the proposed District and published notice of the public hearing in two successive issues of the Wabasha County Herald which is widely circulated in the proposed District and posted notice of the public hearing in public buildings and leading commercial establishments in or near the proposed District as required by Minnesota Rule 6115.0970, Subp. 3; and
Whereas, the Wabasha County Board made the petition available for public viewing by concerned citizens at the Wabasha County Auditor/Treasurer’s Office as required by Minnesota Rule 6115.0970, Subp. 4; and
Whereas, the Wabasha County Board approved the petition requesting the creation of the Lake Zumbro Improvement District (LID) on November 30, 2010. However, Wabasha County has subsequently determined that there may be some inaccuracies in the signatures that were verified. These inaccuracies could lead to an amount of signatures that would be less than the required %50 by statute. In light of this, on January 25, 2011, the Wabasha Count Board issued an order staying the establishment of the LID until a complete investigation can be conducted of the accepted petition signatures. The stay shall be lifted on February 28, 2011, should the required number of signatures for the petition to establish the creation of the Lake Zumbro Improvement district exceed the statutory requirement.
Whereas, the Wabasha County Auditor/Treasurer and the Wabasha County Attorney’s Office have reviewed and verified the authenticity of the signatures on the petition; using the same original criteria, certified that 100 property owners on behalf of a possible 288 property owners in the Wabasha County portion of the proposed LID or 34.7% had signed the initial LID creation petition and notified the Wabasha County Board as required by Minnesota Statutes Section 103B.521, Subd. 2; and
Whereas, on November 9, 2010 the Director of Olmsted County Property Records and Licensing originally verified the authenticity of the signatures on the petition, certified that 193 property owners on behalf of a possible 294 property owners or 66% had signed the initial LID creation petition and notified the Olmsted County Board as required by Minnesota Statutes Section 103B.521, Subd. 2; and
Whereas, that considering all of the parcels within the proposed LID in both counties, 293 property owners on behalf of a possible 582 property owners had signed the petition or 50.34% which was a majority of all property owners as required by Minnesota Statutes Section 103B.521, Subd. 1(b); and
Now, therefore be it resolved, that the Wabasha County Board issues the following findings of fact to stay the creation of the Lake Zumbro Improvement District: Wabasha County finds that a sufficient number of individuals have signed the petition to establish the Lake Zumbro Improvement District ; This stay that was issued on January 25, 2011, shall be lifted and the Lake Zumbro Improvement District shall be established as of March 1, 2011; Those individuals who wish to have a referendum petition verified by the Wabasha County Auditor/Treasurer’s Office would need to do so by February 28, 2011, by 3:00 p.m.
Died for Lack of Second
HARMS - ROSCHEN
Motion to recess to Township meeting at 7:30 p.m.
Adopted Unanimously
 

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