Minutes February 12, 2013

Wabasha County Board of Commissioners

Meeting of February 12, 2013

 

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 12, 2013 at 9:00 a.m.

 

The meeting was called to order by Board Chairman Hall.

 

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

 

SPRINGER - HALL

Motion to approve the agenda after removing Item Q (termination allowance for Bridget Hoffman).

Nay: Harms, Roschen

Adopted

SPRINGER – WOBBE

Motion to approve the agenda after moving Item J (school speed zone study) under Item D (approve CREST agreement).

Adopted Unanimously

 

Public Forum Comments: County Road 30 project near the W-K school.

 

SPRINGER - HARMS

Motion to approve the consent agenda including the following:

Claims

Meal Vouchers

SSIS Claims

Minutes: January 22, 2013; Special Board Meeting February 5, 2013.

Abstain: Roschen

Adopted Unanimously

SPRINGER - WOBBE

Resolution No.: 2013-030

Whereas, Minnesota Statutes 244.19subdivision 6 outlines a process for state reimbursement to participating counties of 50% of the previous year's expenditure for their probation officer salaries, and

Whereas, 27 County Probation Officer counties and 28 Department of Corrections Contract counties participate in this process, and

Whereas, appropriations from the state have steadily decreased from 50% in 1996 to an all-time low of 31% in FY 2012, and

Whereas, the 55 counties participating in this process have been forced to absorb the $2,963,000 deficit in the FY 2012 reimbursement funding for their probation officers, and

Whereas, the 2013 legislative session will be establishing the FY 14 and FY15 appropriation for probation officer salary reimbursement for these 55 counties, and

Whereas, the Minnesota Association of County Probation Officers has been working with the Department of Corrections and legislative staff to ensure that an accurate FY 14 and FY 15 appropriation amount is determined, and

Now, Therefore, Be It Resolved, that the Wabasha County Board of Commissioners strongly requests the 2013Minnesota Legislature to appropriate sufficient funds to reimburse the 55participating counties for the full 50% of the cost of their probation officer salaries.

Adopted Unanimously

WOBBE - HARMS

Resolution No: 2013-031

Whereas, the Wabasha County Board of Commissioners has approved an appropriation in the amount of $6,000.00 in the 2013 Budget to be paid to the Southeast Minnesota Narcotics & Gang Task Force, and,

Whereas, the Southeast Minnesota Narcotics & Gang Task Force is requesting this amount be paid to the organization.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, the Wabasha County Board of Commissioners authorizes the payment of $6,000.00 to the Southeast Minnesota Narcotics & Gang Task Force.

Adopted Unanimously

ROSCHEN - HARMS

Resolution No.: 2013-032

Whereas, Wabasha County has entered into agreements with the American Federation of State, County and Municipal Employees, Council 65, Local 3542 Courthouse Unit and Local 3541, Social Services Unit regarding conditions of employment with Wabasha County, and;

Whereas, the County agreed on December 11th, 2012 to amend the Employee Recognition Policy to purchase Chamber bucks in lieu of savings bonds, and;

Whereas, the Memorandum of Understanding replaces the current language in the each of the respective bargaining unit contacts relating to the Employee Recognition program to match the amendment to the County Employee Recognition Policy (Number 408).

Now, therefore be it resolved, the Wabasha County Board of Commissioners adopts the recommended Memorandum of Understanding outlining the Employee Recognition Program.

Adopted Unanimously

SPRINGER - HARMS

Resolution No.: 2013-033

Whereas, the Wabasha County Human Services Board has previously approved the participation by Wabasha County in the Collaboration, Rules, Education/Prevention, Service Delivery and Technology Initiative (CREST); and

Whereas, the cooperative agreement is a partnership with Dodge County, Fillmore County, Goodhue County, Houston County, Mower County, Olmsted County, Steele County, Waseca County, and Winona County; and

Whereas, the Wabasha County Human Services Board has previously acted upon an annual addendum to the original CREST agreement; and

Whereas, acceptance of this State grant will allow a distribution of approximately $145,400 to provide an array of mental health support services to residents of Wabasha County, as these services are no longer available through St. Peter Regional Treatment Center; and

Whereas, the Director of Social Services has recommended acceptance of the grant funds and continued participation in the CREST initiative;

Now therefore be it resolved by the Wabasha County Board of Commissioners, to approve the continuation of Wabasha County in the CREST initiative and acceptance of up to $145,389.26 in State funds to provide an array of mental health support services to residents of Wabasha County.

Adopted Unanimously

SPRINGER - HALL

Resolution No.: 2013-034

Whereas, the Wabasha County Board of Commissioners has determined, with the recommendation of the Government Study Committee and Springsted Inc., that the County Administrator form of governance found under Minnesota Statute 375A.06 is the most appropriate form of government for the County; and

Whereas, the goal of Wabasha County whenever it looks to hire an employee is to find the most qualified person for the position based on job related factors; and

Whereas, the Wabasha County Board has determined that it is necessary to create a committee to help find and recommend to the Board a qualified candidate(s) to become the County's next County Administrator; and

Now, Therefore, Be it Resolved that the Wabasha Board of Commissioners hereby appoints Commissioners Hall and Springer to head a seven (7) member committee to determine the appropriate process the County will utilize to hire an interim County Administrator. Those responsibilities will include, but are not limited to, recruiting, interviewing, and recommending to the County Board a suitable candidate for interim County Administrator; and

Be it Further Resolved, that the committee members will be selected by the two appointed commissioners but shall include at least two (2) department heads, one (1) member of the Wabasha County Government Study Commission, and two (2) other members that the commissioners' deem appropriate.

Nay: Harms, Roschen

Adopted

SPRINGER - HARMS

Resolution No.: 2013-035

Be it resolved by the Wabasha County Board of Commissioners that Wabasha County enter into Mn/DOT Agreement No. 02659 with the State of Minnesota, Department of Transportation for the following purposes:

To provide for payment by the State to the County for the use and maintenance of County State Aid Highway Nos. 25 and 2 as a detour route during the bituminous mill and overlay construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 247 from the junction of TH 63 to the junction of TH 42 under State Project No. 5512-08 (T.H. 247=247).

It is further resolved by the Wabasha County Board of Commissioners that the Wabasha County Engineer is authorized to execute the Agreement and any amendments to the Agreement.

Adopted Unanimously

SPRINGER – HARMS

Resolution No.: 2013-036

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 2013 Furnish and Apply Traffic Paint Project – C.P. 79-13-8080.

Adopted Unanimously

HARMS – WOBBE

Resolution No.: 2013-037

Be it resolved by the Wabasha County Board of Commissioners that Wabasha County enter into the attached "Cooperative Agreement between the City of Wabasha and Wabasha County" for the proposed construction project on Wabasha County Highway 30 and authorizes the Chairman of the Board and Clerk of the Board to execute the attached Agreement.

Adopted Unanimously

WOBBE - HARMS

Resolution No.: 2013-038

Whereas, Wabasha County is the owner of a Flood Control Easement granted to the County on April 6, 1972, filed February 20, 1974, in Book 157 of Deeds, page 135, in and for Wabasha County, and

Whereas, Wabasha County is acting on the request of James H. Dittrich, the current owner of record, to release and discharge to James H. Dittrich the following property covered by this Flood Control Easement:

That part of the South Half of the Northwest Quarter of the Northwest Quarter of Section 27, Township 110 North, Range 10 West, Wabasha County, Minnesota, lying westerly and southwesterly of the westerly right of way line of State Trunk Highway No. 61.

without prejudice to Wabasha County's rights in and to any other lands described within the above Flood Control Easement, and

Whereas, no costs of recording the documents shall be paid by Wabasha County.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that Wabasha County does hereby quitclaim and release unto James H. Dittrich, the current owner of record, any and all rights or interest it may have in the above described property pursuant to the aforementioned Flood Control Easement; however, the Wabasha County shall reserve all rights in its easement to the balance of the property described in Book 157 of Deeds, page 135 with the exception of the above described property and previously released property.

Be it further resolved that the Chairman of the Board and Clerk of the Board are hereby authorized to execute the Partial Release of Easement for this quitclaim and release.

Adopted Unanimously

HARMS - WOBBE

Resolution No.: 2013-039

Whereas, the Wabash Kellogg School Board has requested the establishment of a school speed zone on County Highway 30, and

Whereas, the establishment of a school speed zone shall be based upon an engineering and traffic study as prescribed by the Commissioner of Transportation.

Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby requests the Minnesota Department of Transportation to provide the necessary investigation and assistance to Wabasha County to establish an appropriate school speed zone, if any, on the following location: CSAH 30 – from approximately Dylan Drive to Binner Way

Adopted Unanimously

SPRINGER - HARMS

Resolution No.: 2013-040

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 S.A.P. 079-630-015.

Adopted Unanimously

ROSCHEN - SPRINGER

Resolution No.: 2013-041

Whereas, Project SAP 079-605-013 – Bridge 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 $26,198.58 for Project SAP 079-605-013.

Adopted Unanimously

SPRINGER - HARMS

Resolution No.: 2013-042

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 Furnish and Apply Chloride Solution Project – CP 79-13-8060.

Nay: Roschen

Adopted

SPRINGER - HALL

Resolution No.: 2013-043

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 2013 Supply and Haul of Crushed Rock Project – CP 79-13-8070.

Adopted Unanimously

SPRINGER - HARMS

Resolution No.: 2013-044

Whereas, Wabasha County uses a computerized system for managing property valuations and property tax records, and;

Whereas, the software currently in use is maintained by Xerox State & Local Solutions, Inc, by contract with the Xerox Tax and CAMA user groups of MCCC, a joint powers body of which Wabasha County is a party, and;

Whereas, the Tax and CAMA user groups have evaluated many different options for future tax and CAMA systems, and have determined that a new LRMS offering from Xerox best meets the needs of the member counties for the future, and;

Whereas, the County Auditor/Treasurer, the County Assessor, and the IT Director concur with the decision made by the MCCC user groups, and;

Whereas, MCC has concluded negotiations with Xerox and the contract has been signed by the chairs of both user groups, the chair of the MCCC Executive Board and the Executive Director of MCCC, and;

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Board Chair be authorized to ratify the proposed new contract, selecting both the Property Tax and CAMA items; that the County Auditor/Treasurer be authorized to pay $75,000 to MCCC to cover initial costs; and that the Finance Director make provisions in the 2014 and 2015 budgets for the remainder of the projected costs.

Adopted Unanimously

HARMS - ROSCHEN

Resolution No.: 2013-045

Whereas, the Wabasha County Board of Commissioners currently appoints members to the Southeastern Minnesota Association of Regional Trails Committee; and

Whereas, Andru Peters of Lake City, MN, has expressed a desire to be named the County's SMART Committee Alternate; and

Whereas, the Wabasha County Board has determined that it would be beneficial to appoint Mr. Peters to this position; and

Whereas, it is agreed that if appointed Mr. Peters would not receive any per diems or mileage; and

Now Therefore Be It Resolved, that Andru Peters is appointed as Wabasha County's Alternate designee to the SMART Board.

Adopted Unanimously

Resolution No.: 2013-046

Whereas, the Board of Commissioners exercised its statutory powers to create the position of County Coordinator pursuant to Minnesota Statute 375.48 in May of 2012; and

Whereas, on August 14, 2012, the Wabasha County Board of Commissioners appointed Bridget Hoffman to serve as the County Coordinator in accordance to Minnesota Statute 375.48 with a one (1) year probationary period; and

Whereas, the Board of Commissioners followed the recommendations of the Wabasha County Government Study Committee and Springsted Consulting by adopting the County Administrator form of government at its regular meeting on January 22, 2013; and

Whereas, The Wabasha County Board terminated the position of County Coordinator on January 22, 2013, thereby terminating the employment of Bridget Hoffman on said date; and

Whereas, Minnesota Statute 375.48 provides that a County Board may pay a termination allowance to an outgoing County Coordinator;

Now, Therefore, Be It Resolved, that the outgoing County Coordinator, Bridget Hoffman, shall receive a termination allowance of _______________________________________________________.

Removed from the Agenda

 

Discussion: Public Forum Policy and Sand Mining Ordinances

 

Presentation: Springsted Final Report given by Dave Unmacht

 

SPRINGER - WOBBE

Resolution 2013-047

This Agreement is entered into this 12th day of February, 2013, by and between Olmsted County, Minnesota and Wabasha County, Minnesota, each political subdivisions of the State of Minnesota.

Whereas, the parties hereto each border upon a body of water commonly known as "Lake Zumbro". Lake Zumbro is not located wholly within the boundaries of either Olmsted or Wabasha Counties. However, Lake Zumbro is located wholly within the combined, contiguous boundaries of the said Counties together; and

Whereas, the parties feel that Lake Zumbro is a major asset to each of the counties. The parties also believe that Lake Zumbro should be protected through the establishment of ordinances and collective actions designed to foster the lake's survival into the future; and

Whereas, with the population growth in the two counties, the parties foresee increasing demands upon the usage of Lake Zumbro by residents and visitors. Unless activities upon the lake are regulated, the counties believe that the lake may be irrevocably damaged through overuse, pollution, and poor planning; and

Whereas, sediment deposited into Lake Zumbro from the Zumbro River and its tributaries damages the lake and limits its use for recreation and power production; and

Whereas, each of the parties has authority under Minn. Stat. §86B.205 to adopt water surface use ordinances; and under Minn. Stat. §103G.245 to dredge the lake with authorization from the Minnesota Department of Natural Resources and each of the parties has authority to work with parks and open space with the assistance of the Minnesota Department of Natural Resources;

Whereas, Minn. Stat. §471.59 authorizes two or more governmental units by agreement of their governing bodies jointly and cooperatively to exercise any power common to the contracting parties; and

Whereas, the parties hereto previously entered into a Joint Powers Agreement which was later terminated and now desire to enter into a Joint Powers Agreement once again so as to foster the regulation and preservation of Lake Zumbro as is allowed by law.

Now, Therefore, it is hereby agreed by and between the parties as follows:

ARTICLE I

The parties hereto will work together to develop, adopt, and enforce ordinances regulating the use of Lake Zumbro. Said ordinances shall contain provisions which are uniform so as to allow for the most efficient regulation of the lake.

ARTICLE II

The parties hereto will work together in restoring Lake Zumbro through programs to fund and oversee the removal of deposited sediments through dredging. Said work will include, but is not limited to, the administration of grant and loan contracts with local, state, and federal agencies, the purchase of engineering and construction services, and the purchase of land or easements for construction access and dredge materials management.

ARTICLE III

Pursuant to Minn. Stat. §86B.205, Subd. 4, the parties shall submit any proposed surface use ordinance to the Commissioner of Natural Resources for review. Said review shall be completed and approved by the Commissioner before any ordinances shall take effect.

ARTICLE IV

The parties hereby reestablish a Olmsted – Wabasha Lake Zumbro Joint Powers Board to have authority in the following areas:

a. To develop and recommend for adoption by the respective counties ordinances regulating the use of Lake Zumbro; and,

b. To administer local, state, and federal grants and loans to fund lake dredging; and

c. To purchase engineering and construction services for lake dredging; and

d. To purchase land and easements for construction access and dredge materials management; and

e. To recommend for adoption the form of permits and required fees to be paid for organized activities to be held on Lake Zumbro; and,

f. To receive applications for permits to conduct organized activities on Lake Zumbro and to hold public hearings thereon; and,

g. To grant permits and conduct organized activities on Lake Zumbro and set conditions and establish regulations governing the conduct of said activities; and,

h. To receive from applicants all fees required hereunder.

ARTICLE V

The Board shall consist of four members, two shall be appointed by each county. A member of the Board shall be a resident of the county making the appointment. The term of each Board member shall be 2 years from the date of appointment. A Board member shall serve on the Board until a successor is appointed and qualified, or until earlier death, resignation, disability or removal, with cause, by a majority vote of the county making the appointment.

ARTICLE VI

The Board shall meet regularly at such times and places as the Board shall designate by resolution. Special meetings may be held at any time upon the written demand of any two Board members. Notice of a special meeting shall be sent to each other member at least seven (7) days prior to the meeting (or upon such other notice as the Board, by resolution, provides). Notice of special meetings shall indicate the time, date, place and purpose of the meeting as well as the names of the Board members requesting the meeting.

At its first meeting the Board shall elect a Chair, Vice-chair, and Secretary-Treasurer. Officers shall serve until January 1, of the next calendar year, or until their respective successors are selected and qualified. The Secretary shall take and maintain minutes of all meetings and provide copies of same to the respective counties within ten (10) days after each meeting held by the Board. The Board shall exercise all powers and authority through the affirmative vote of a majority of its members, if a quorum is present. The Board shall serve without compensation, except that each Board member may be reimbursed for actual out-of-pocket expenses incurred in connection with the performance of official duties.

ARTICLE VII

The Olmsted-Wabasha Lake Zumbro Joint Powers Board shall be considered a separate and distinct public entity to which the Member Counties have transferred all responsibility and control for actions taken pursuant to this Agreement. This Board is a "municipal organization" for purposes of Minnesota Statutes Section 466.01, Subdivision 1, separate and distinct from its Member Counties. To the full extent permitted by law, actions by the Member Counties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Member Counties that they shall be deemed a "single governmental unit" for purposes of liability, as set forth in Minnesota Statutes Section 471.59, Subdivision 1a(b).

The Olmsted-Wabasha Lake Zumbro Joint Powers Board shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to the protections of Minnesota Statutes Chapter 466. Nothing in this Agreement shall be construed to waive the protections given by Chapter 466 of Minnesota Statutes. The statutory limits of liability provided for by that statute are not waived, and may not be added together, aggregated, or "stacked" for purposes of increasing the overall limits of liability of the Olmsted-Wabasha Lake Zumbro Joint Powers Board.

The Olmsted-Wabasha Lake Zumbro Joint Powers Board shall fully defend, indemnify, and hold harmless the Member Counties against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board and/or employees and/or agents of the Board. This Agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota Statutes Section 466.04.

The undertaking and obligations of the contracting Counties set forth in this Agreement, and in any other agreements between them, or between them and the Olmsted-Wabasha Lake Zumbro Joint Powers Board are for the exclusive benefit of the Board and of its Member Counties. No third party is intended to be benefitted by such agreements, nor can any person or entity which is not a party to this Joint Powers Agreement seek to obtain a benefit under any such agreement, undertaking or obligation.

ARTICLE VIII

The counties may, upon one hundred eighty (180) days written notice, terminate their participation in the Agreement.

ARTICLE IX

This Agreement shall have an effective date as of the ratification of this Agreement by both parties. This Agreement shall be of force and effect until replaced, superseded, repealed, or voided by the parties hereto.

Nay: Harms, Roschen

Adopted

SPRINGER - HARMS

Resolution No.: 2013-048

Whereas, Wabasha County has participated in the original development and continuing operations of South Country Health Alliance (SCHA); and

Whereas, the Member Counties of SCHA formed a Joint Powers Board and developed a Joint Powers Agreement for the operation of SCHA; and

Whereas, the Joint Powers Board of SCHA has recently completed a review of the Joint Powers Agreement and is recommending acceptance of proposed changes to the Joint Powers Agreement; and

Whereas, it is the recommendation of Wabasha County's representative on the Joint Powers Board, Commissioner David Harms, to approve the proposed changes;

Now therefore be it resolved by the Wabasha County Board of Commissioners to hereby accept the recommendation of Commissioner Harms and approve the proposed changes to the Joint Powers Agreement. It is understood that two-thirds of the Member Counties will need to approve the changes before the Joint Powers Board officially adopts this draft agreement as the official Joint Powers Agreement.

Adopted Unanimously

 

Commissioners reported on meetings they attended.

 

ROSCHEN – HARMS

Motion to recess to Township Officers meeting February 19, 2013.

Adopted Unanimously

Agenda for this meeting

Video 1 of 1 (Direct)

 

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