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Minutes February 18, 2014

Wabasha County Board of Commissioners

Meeting of February 18, 2014

 

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 18, 2014 at 9:00 a.m.

 

The meeting was called to order by Board Chairman Springer.

The following Commissioners were present:  Springer, Wobbe, Hall, Harms.  Absent:  Roschen

 

HARMS - HALL

Motion to approve the agenda after moving Items AA and BB to top of agenda.

Adopted Unanimously

WOBBE - HALL

Motion to approve the consent agenda including the following:

Claims

Meal Vouchers

Per Diems

SSIS Claims

Minutes:  February 4, 2014

Donation of $150 in the name of Barb Packer to the Substance Abuse Court to honor her son Jamie who was a graduate of the program.

Adopted Unanimously

HALL – SPRINGER

Resolution No.:  2014-077

Whereas, a vacancy was created in the County Attorney's Office due to Michael Plante being appointed Interim County Administrator; and

Whereas, on January 14, 2014 the County Board authorized the advertising and hiring of a replacement Assistant Wabasha County Attorney; and

Now Therefore be it Resolved by the Wabasha County Board of Commissioners approves the hiring of Elena Rozwadowski as an Assistant Wabasha County Attorney, at a salary of $60,810.05 which represents Step 1of the appropriate pay grid; and

Adopted Unanimously

SPRINGER - HALL

Resolution No. 2014-078

Whereas, the Employment Agreement entered into by the County and Mr. Plante calls for him to assume the duties and responsibilities commencing on April 1, 2014, or when the County hires a replacement Assistant County Attorney, whichever occurs first; and

Whereas, the County Board has now hired a replacement Assistant County Attorney to fill the position; and

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Mr. Plante assume the role of Interim County Administrator on the mutually agreed upon date of  March 4, 2014.

Adopted Unanimously

WOBBE - HARMS

Resolution No.: 2014-053

Whereas,  Wabasha County has entered into a Service Agreement with La Crosse County for delivery of solid waste from Wabasha County to the French Island waste to energy facility operated by Excel Energy in La Crosse, WI; and

Whereas, The County has been delegated the authority to enter into a delivery contract with the solid waste haulers in order to assure a supply of solid waste to a solid waste disposal facility that meets the County's environmental policy and other County objectives; and

Whereas, AMG Alliance of Red Wing wishes to be a solid waste hauler in Wabasha County and has submitted a signed Waste Delivery Contract which requires the approval of the Wabasha County Board of Commissioners;

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Waste Delivery Contract for AMG Alliance.

Adopted Unanimously

 

The Board set the date of June 17, 2014 for the Board of Appeal and Equalization meeting.  The regular Board meeting will held June 17 starting at 3:00 p.m.  The Board of Appeal and Equalization will follow at 5:30 p.m.  The assessor will present the Minutes from the Board of A & E at the June 24 Board meeting.

 

WOBBE - HARMS

Resolution No.: 2014-054

Whereas, the Wabasha County Extension Committee has nominated Bev Hall to serve as a member of the Extension Committee for a period of three (3) years, and

Whereas, the Wabasha County Extension Committee has reappointed Cindy Stamschror to serve another three-year term,

Now, Therefore Be It Resolved that the Wabasha County Board of Commissioners appoint Bev Hall to the Wabasha County Extension Committee, and reappoint Cindy Stamschror to another three-year term on the committee.

Adopted Unanimously

Resolution No.: 2014-055

Whereas, Wabasha County uses VMware software for managing server virtualization;

Whereas, the County IT Department has decided that it is time to expand beyond our initial licensed VMware capacity and has selected appropriate licensing options;

Now therefore be it Resolved by the Wabasha County Board of Commissioners that the IT Director is hereby authorized to purchase VMware Licenses, up to $17,000 total;

Tabled to the February 25 Board Meeting

WOBBE - HALL

Resolution No.: 2014-056

Whereas, Wabasha County implements many network servers in a virtual configuration on a small number of physical hosts;

Whereas, growth in county usage and upcoming projects require that the county expand capacity in the virtual hosting system;

Whereas, the IT Director has solicited quotes from two vendors for new systems to expand capacity, and has selected the best option;

Now therefore be it Resolved by the Wabasha County Board of Commissioners that the IT Director is hereby authorized to purchase a new server and components, up to $9,000 total;

Adopted Unanimously

HALL - SPRINGER

Resolution No.: 2014-057

Whereas, Wabasha County uses Microsoft Windows Server software for many services;

Whereas, licensing is required for each physical server, and CALs are required for each user;

Now therefore be it Resolved by the Wabasha County Board of Commissioners that the IT Director is hereby authorized to purchase Microsoft Server licenses and appropriate CALs, up to $12,000 total;

Adopted Unanimously

HALL - SPRINGER

Resolution No.: 2014-058

Whereas, Wabasha County uses detached SAN storage for virtual servers;

Whereas, the county's SAN and disk systems will need to be upgraded in the next few years;

Whereas, the IT Department desires to provide these capabilities at the lowest possible cost and has developed a plan to evaluate an experimental system using low cost components;

Now therefore be it Resolved by the Wabasha County Board of Commissioners that the IT Director is hereby authorized to purchase the components to build a SAN disk storage array, up to $7,000 total;

Further, be it resolved that the IT Department is to test the system and determine its suitability;

Further, be it resolved that the IT Director will return to the board at a future meeting to report on the results of the project.

Adopted Unanimously

WOBBE - HALL

Resolution No.: 2014-059

Whereas, Wabasha County uses detached SAN storage for virtual servers;

Whereas, the county's SAN and disk systems will need to be upgraded in the next few years;

Whereas, the IT Department has included the SAN switch replacement in the capital improvement plan;

Now therefore be it Resolved by the Wabasha County Board of Commissioners that the IT Director is hereby authorized to purchase new SAN switches and necessary equipment up to $25,000 total.

Adopted Unanimously

SPRINGER – HALL

Resolution No.: 2014-060

Whereas, Wabasha County uses leased fiber optic circuits for communication between buildings, and provides capacity on those circuits to 3rd Judicial District;

Whereas, the County IT Department has identified an opportunity to reduce costs while improving utilization of those leased circuits by using CWDM to multiplex multiple communications onto a single physical circuit;

Whereas, IT staff for 3rd Judicial District have reviewed the upgrade plan and agree with the County's plan;

Now therefore be it Resolved by the Wabasha County Board of Commissioners that the IT Director is hereby authorized to purchase CWDM equipment, and other equipment  necessary to the project, up to $16,000 total;

Adopted Unanimously

WOBBE - SPRINGER

Resolution No. 2014-061

Whereas, a 2004 Dodge Intrepid vehicle (#59) with over 140,000 miles is considered a surplus; and,

Whereas, this vehicle has been replaced with a 2014 Dodge Durango (squad #11); and,

Whereas, the Wabasha County Sheriff's Office is requesting that this vehicle be sold on Ebay; and,

Whereas, the Wabasha County Sheriff's Office is requesting that the proceeds from the sale of this vehicle be deposited to the Squad Replacement fund.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the Sheriff is authorized and directed to sell the 2004 Dodge Intrepid (#59) bearing VIN #2B3HD46V84H628084 on Ebay as noted above.

Be it Further Resolved by the Wabasha County Board of Commissioners that: funds from the sale be deposited to the Squad Replacement fund as noted above.

Adopted Unanimously

WOBBE - HALL

Resolution No. 2014-062

Whereas, a 2007 Dodge Charger vehicle (#89) with over 211,000 miles is considered a surplus; and,

Whereas, the Wabasha County Sheriff's Office is requesting that this vehicle be sold on Ebay; and,

Whereas, the Wabasha County Sheriff's Office is requesting that the proceeds from the sale of this vehicle be deposited to the Squad Replacement fund.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the Sheriff is authorized and directed to sell the 2007 Dodge Charger (#89) bearing VIN #2B3KA43G17H770947 on Ebay as noted above.

Be it Further Resolved by the Wabasha County Board of Commissioners that: funds from the sale be deposited to the Squad Replacement fund as noted above.

Adopted Unanimously

HARMS - HALL

Resolution No.:  2014-063

Whereas, AAA Striping Service Co. had the lowest bid for Project  C.P. 79-14-8110 – Furnish and Apply Traffic Paint to Roads in Wabasha County.

Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby accepts the bid of AAA Striping Service Co. for Project C.P. 79-14-8110 – Furnish and Apply Traffic Paint to Roads in Wabasha County - in the amount of $49,644 and that the Chairman of the County Board and the Clerk of the Board are hereby authorized to execute a Contract with AAA Striping Service Co. for this work.

Adopted Unanimously

SPRINGER – WOBBE

Resolution No.:  2014-064

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 grading, base and resurfacing of Wabasha County Highway 90 under SAP 079-596-009 and 079-600-012.

Adopted Unanimously

WOBBE - SPRINGER

Resolution No.:  2014-065

Whereas, it is necessary to publish the advertisements for bids for the following project:

SAP 079-598-025

SAP 079-598-026

SAP 079-611-031

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 the above referenced projects.

Adopted Unanimously

HALL - SPRINGER

Resolution No.:  2014-066

Now therefore be it resolved by the Wabasha County Board of Commissioners that the Wabasha County Highway Department be authorized to advertise for bids for SP 079-070-006.

Adopted Unanimously

SPRINGER – WOBBE

Resolution No.:  2014-067

Whereas, Envirotech Services Inc. is the lowest responsible bidder for C.P. 079-14-8090.

Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby accepts the bid of Envirotech Services Inc. for Project C.P. 079-14-8090 in the amount of $106,691.12 and that the Chairman of the County Board and the Clerk of the Board are hereby authorized to execute a Contract with Envirotech Services Inc. for this work

Adopted Unanimously

WOBBE - HALL

Resolution No.:  2014-068

Whereas, Roberson Lime and Rock Inc. is the lowest responsible bidder for C.P. 79-14-8100.

Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby accepts the bid of Roberson Lime and Rock Inc. for C.P. 79-14-8100 – Aggregate Surfacing - in the amount of $58,684 and that the Chairman of the County Board and the Clerk of the Board are hereby authorized to execute a Contract with Roberson Lime and Rock Inc. for this work.

Adopted Unanimously

WOBBE - HALL

Resolution No.:  2014-069

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Wabasha County Highway Department be authorized to purchase one Protech 12' Snow Pusher from Titan Machinery in an amount of $3800.

Adopted Unanimously

HARMS - HALL

Resolution No.:  2014-070

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 resurfacing of Wabasha County State Aid Highway 9 under SAP 079-609-011.

Adopted Unanimously

SPRINGER - HARMS

Resolution No.:  2014-071

Whereas, Wabasha County supports efforts for a new state-wide comprehensive transportation funding package to address Minnesota's transportation needs, and

Whereas, Wabasha County agrees that transportation investments provide benefits beyond infrastructure, but also creates jobs, builds economic competitiveness, and improves the quality of life for all Minnesotans by enabling agencies throughout the State to properly maintain and improve transportation assets, and

Whereas, Wabasha County affirms that to be effective, the new state-wide transportation funding package must be:

Comprehensive including funding for roads, highways, transit, bicycle and pedestrian facilities throughout Minnesota

Balanced across transportation modes and between Greater Minnesota and the Twin Cities Metropolitan Area, serving all Minnesotans equitably

Sustainable including long term solutions that will grow with the economy to meet the State's growing transportation needs

Dedicated to transportation

Now therefore be it resolved by the Wabasha County Board of Commissioners that the Wabasha County supports a new state-wide transportation funding package as described in this resolution and in the Move MN campaign.

Adopted Unanimously

SPRINGER – WOBBE

Resolution No.:  2014-072

Whereas, the Wabasha County Highway Department proposes to acquire land along the existing right of way of County Aid Highway 70 for the purpose of replacing Bridge L1072; and

Whereas, replacing Bridge L1072 is necessary in order to improve this segment of County Aid Highway 70 to provide for public health, welfare, safety and convenience; and

Whereas, the lands necessary to be acquired for the replacement of Bridge L1072 are described as follows:

That part of the Southeast Quarter of Section 20, Township 109 North, Range 13 West, Wabasha County, Minnesota, described as follows:

Commencing at the North Quarter corner of said Section 20; thence on a bearing of S0º24'34"E, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the North/South Quarter line of said Section 20, a distance of 4442.65 feet; thence N89º35'26"E, a distance of 1263.21 feet to the point of beginning of the land to be described: thence S10º02'57"E, a distance of 50.00 feet; thence N79º57'03"E, a distance of 125.00 feet; thence N10º02'57"W, a distance of 50.00 feet; thence S79º57'03"W, a distance of 125.00 feet; to the point of beginning.

Said parcel contains 0.14 acres, more or less, of which approximately 0.10 acres is existing right of way previously acquired by written instrument or by prescription and approximately 0.04 acres is new highway right of way.

That part of the Southeast Quarter of Section 20, Township 109 North, Range 13 West, Wabasha County, Minnesota, described as follows:

Commencing at the North Quarter corner of said Section 20; thence on a bearing of S0º24'34"E, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the North/South Quarter line of said Section 20, a distance of 4442.65 feet; thence N89º35'26"E, a distance of 1263.21 feet to the point of beginning of the land to be described: thence N10º02'57"W, a distance of 70.00 feet; thence N79º57'03"E, a distance of 125.00 feet; thence S10º02'57"E, a distance of 70.00 feet; thence S79º57'03"W, a distance of 125.00 feet; to the point of beginning.

Said parcel contains 0.20 acres, more or less, of which approximately 0.09 acres is existing right of way previously acquired by written instrument or by prescription and approximately 0.11 acres is new highway right of way.

Now therefore be it resolved that the Wabasha County Board of Commissioners that the Wabasha County Board of Commissioners hereby authorizes the County Highway Engineer to proceed to acquire the necessary lands as described above in accordance with applicable laws and statutes.

Adopted Unanimously

WOBBE - SPRINGER

Resolution No.:  2014-073

Whereas, Project S.A.P. 079-598-024 – Bridge 79552 and Bridge Approaches 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 that the Wabasha County Auditor/Treasurer be authorized to issue a warrant for final payment to Minnowa Construction Inc. in the amount of $32,242.63.

Adopted Unanimously

SPRINGER - HARMS

Resolution No.:  2014-074

Whereas, the Wabasha County Highway Department proposes to acquire land along the existing right of way of County State Aid Highway 11 for the purpose of the proposed construction under S.A.P. 079-611-031; and

Whereas, S.A.P. 079-611-031 is necessary in order to improve this segment of County State Aid Highway 11 to provide for public health, welfare, safety and convenience; and

Whereas, the lands necessary to be acquired for S.A.P. 079-611-031 are described in Wabasha County Highway Right of Way Plat No. 45 and 46.

Now therefore be it resolved that the Wabasha County Board of Commissioners hereby accepts Wabasha County Highway Right of Way Plat No. 45 and 46, designating the definite location of the right of way.

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. 45 and 46 in accordance with applicable laws and statutes.

Adopted Unanimously

HALL - WOBBE

Resolution No.:  2014-075

Now therefore be it resolved by the Wabasha County Board of Commissioners that Wabasha County hereby approves the State of Minnesota Joint Powers Agreement and that the Chair of the Wabasha County Board of Commissioners and Clerk to the Board are hereby authorized to execute the State of Minnesota Joint Powers Agreement on behalf of Wabasha County.

Be it further resolved that Wabasha County's Authorized Representative as will be stated on this Agreement is Dietrich Flesch.

Adopted Unanimously

 

Information was presented to the Board in regard to the county wheelage tax.  A public meeting will be held on Tuesday, March 4, at 7:00 p.m. at the American Legion in Millville to discuss and listen to public comments on a wheelage tax in Wabasha County

 

WOBBE - HARMS

Resolution No.:  2014-076

Whereas, a portion of Wabasha County Road 76 is shown and described on the attached Certificate of Survey as Parcel B; and

Whereas, Wabasha County does not require the above described Parcel B for highway purposes.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that Wabasha County does hereby vacate, quitclaim and release any and all rights or interest it may have in the above described property described as Parcel B to the following current abutting owner of record:

Parcel 05.00746.00 John C. and Karla J. Jans

And hereby authorizes the Chair of the Board and Clerk to the Board to execute a Quit Claim Deed for this action.

Be it further resolved by Wabasha County Board of Commissioners that this action to vacate does not affect in any manner any other existing easements on the above described property or the continued maintenance or improvement of any utility.

Be it further resolved by the Wabasha County Commissioners that the Wabasha County Auditor shall cause personal service of the resolution to be made upon each occupant of land through which the vacated portions passed and shall also post notice of the resolution for at least ten days. A copy of the resolution together with proof of service and affidavit of posting shall be filed in the County Auditor's office.

Adopted Unanimously

HARMS - SPRINGER

Resolution No.: 2014-038

Whereas, the Wabasha County District Court has issued a decision declaring the Wabasha County Safe Driving Class operated by the Wabasha County Sheriff's Department as not legally authorized under Minnesota law;

Whereas, the Wabasha County District Court declared that the Wabasha County and the Sheriff's Department are permanently enjoined from conducting all activities related to the Safe Driving Class;

Whereas, there exists within the control of the Wabasha County Auditor-Treasurer certain account or accounts in which moneys have been deposited from individuals or entities relating to the Safe Driving Class and is designated as account number 01-201-210-xxxx-xxxx;

Whereas, account number 01-201-210-xxxx-xxxx is also used and has been used as a resource and as a means to transfer funds to pay for expenditures for the Wabasha County Sheriff's Department and possibly other payments or for payments to other entities or organizations;

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners permanently and immediately terminates the Wabasha Safe Class Driving as presently constituted as violative of state law;

Be It Resolved, that the Wabasha County Sheriff's Department shall immediately cease expending any moneys that would require a disbursement from account 01-201-210-xxxx-xxxx. And, if there are any outstanding Safe Driving Class debts, all expenses, regardless of amount, shall immediately be identified, including the date of the incurred expense and made available to the County Auditor- Treasurer and to each member of the Board for the Board's consideration and action;

Be It Further Resolved, that the Wabasha County Board of Commissioners directs the County Auditor-Treasurer to immediately cease payments of any kind from account number 01-201-210-xxxx-xxxx unless a specific resolution of this Board, or by order of a court, releases any amount for the payment of any debt of any size;

Be It Further Resolved, that the Wabasha County Board directs all County staff to immediately discontinue any further revenue collection for the Safe Driving Class program;

Be It Further Resolved, that the Wabasha County Auditor-Treasurer is to determine whether the moneys in account 01-201-210-xxxx-xxxx can be transferred to an interest-bearing escrow account until such time this Board or by order of a court, determines the just disbursement of those moneys. The Auditor-Treasure shall report back to each Board member with a recommendation concerning a transfer to an interest bearing account by March 4, 2014 for the Board's consideration;

Be It Further Resolved, that the Wabasha County Auditor-Treasurer shall provide a full accounting of the income and each expenditure from January 1, 2013 to the present and shall provide that detailed report to each Board member by March 4, 2014 for the Board's consideration;

Be It Further Resolved, that the Wabasha County Attorney shall provide to each Board member for the Board's consideration by March 4, 2014 a detailed report or memorandum that will identify and present options available to the Board regarding the moneys presently in account 01-201-210-xxxx-xxxx, including but not limited to the liability of the County regarding the unauthorized Safe Driving Class program and provide the Board with written recommendations to properly disburse those moneys including the possibility of reimbursement to past class participants. If the County Attorney's Office refuses to do what the Board has commanded or believes it cannot perform its duties, the Board shall be authorized to seek outside counsel to guide the Board and obligate the County for the payment of all expenses for the hired outside counsel;

Be It Finally Resolved, the Wabasha County Sheriff's Department and the County Attorney's Office shall provide the Board of Commissioners with a plan or plans for a legally constituted Safe Driving Class program for the Board's consideration or action by April 1, 2014. If the Sheriff or the County Attorney decides that the County should not pursue a legally constituted Safe Driving Class program they must inform the Board in writing accordingly and the reasons for not doing so.

Yea: Harms

Nay:  Hall, Springer, Wobbe

Failed

 

An update from the Department Heads meeting was given in regard to the Springsted Compensation Study.

The Board took a break until 1:00 p.m. when there was a discussion with staff regarding the Community and Home Based Supervisor position.

Commissioners reported on meetings they attended.

 

HARMS – HALL

Motion to recess to the Township Officers meeting to be held February 18 at 7:30 p.m. in Millville.

Adopted Unanimously

Agenda for this meeting

Video 1 of 2 (Direct)

Video 2 of 2 (Direct)

 

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