Minutes August 20, 2013

Wabasha County Board of Commissioners

Meeting of August 20, 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, August 20, 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

 

HARMS – ROSCHEN

Motion to move Items I, J, L to top of the agenda.

Nay: Hall, Wobbe, Springer

Failed

SPRINGER - WOBBE

Motion to approve the agenda after removing Items I and J.

Nay: Harms, Roschen

Adopted

WOBBE – SPRINGER

Motion to remove distracting signs from public audience in the Board room.

Nay: Harms, Roschen

Adopted

ROSCHEN – HARMS

Motion was made to recess for 5 minutes.

 

SPRINGER - HARMS

Motion to approve the consent agenda including the following:

Claims

Meal Vouchers

Per Diems

SSIS Claims

Minutes: August 6, 2013

Donations of $50 from American Legion Auxiliary-McCahill Post 110; and $50 from American Legion Post 50 to the Youth Link Mentorship Program. Donation of $500 from Spring Creek Motocross to offset expenses for deputy services at motocross.

Adopted Unanimously

 

The Administrator Hiring Committee provided a schedule for meeting and interviewing candidates August 23-24 for the position of county administrator.

 

SPRINGER - HARMS

Resolution No. 2013-138

Whereas, a 2003 GMC Safari Van used by Wabasha County Substance Abuse Court is involved in a collision with a deer; and,

Whereas, insurance proceeds from the resulting claim are $2,311; and,

Whereas, the Wabasha County Substance Abuse Court team is requesting that this vehicle be sold on eBay; and,

Whereas, The Wabasha County Substance Abuse is requesting that the proceeds from the sale of this vehicle, along with the insurance proceeds, be deposited into the Wabasha County Substance Abuse Court budget for use in future compliance testing; and,

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that: the Wabasha County Substance Abuse Court team is authorized and directed to sell the 2003 GMC Safari van, VIN: IGKEL19XX3B514051 on eBay as noted above.

Be it further resolved by the Wabasha County Board of Commissioners that: funds from the sale, along with the above-noted insurance proceeds, be deposited into the Wabasha County Substance Abuse Court budget for use in future compliance testing.

Adopted Unanimously

 

Discussion of Lake City Shop – Highway Advisory Committee will work with the City of Lake City.

 

SPRINGER – HALL

Resolution No: 2013-157

(CFMS Contract No. 66333)

Whereas, the Wabasha County Sheriff's Office is requesting to participate in the 2014 Fiscal year Off-Highway Vehicle Enforcement Grant Program; and

Whereas, the Sheriff's Office has received the 2014-2015 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 2014-2015 Off-Highway Vehicle Enforcement Grant by the County Auditor and Chairman of the County Board.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the 2014-2015 Off-Highway Vehicle Enforcement Grant is hereby approved and authorizes it's signing by the County Auditor and Chairman of the County Board.

Adopted Unanimously

 

There was a discussion to move the Wabasha Police Department to the Wabasha County Sheriff's Office. It was the consensus of the Board to start the process.

 

ROSCHEN – WOBBE

Resolution No.: 2013-158

Whereas, Article 16, Section 5 of the Wabasha County Zoning Ordinances establishes a Board of Adjustment vested with the authority as provided by Chapter 394.21 through 394.37 of the Minnesota Statues; and

Whereas, The Wabasha County Planning Commission consists of seven (7) members as per the Wabasha County Zoning Ordinance; and

Whereas, The Wabasha County Board of Commissioners appoints the members of the Board of Adjustment; and

Whereas, Ron Meinke has resigned from the Board of Adjustment and a replacement has been found who is willing to fill the remainder of him term;

Therefore Be Resolved, The Wabasha County Board of Commissioners appoints Tom Gosse to the Wabasha County Board of Adjustment to serve a term that expires on December 31, 2014.

Adopted Unanimously

ROSCHEN - WOBBE

Resolution No.: 2013-159

Whereas, Project CP 79-13-8070 – Supply and Haul of Crushed Rock 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 Roberson Lime & Rock in the amount of $3225.06.

Adopted Unanimously

HARMS – WOBBE

Resolution No.: 2013-160

Whereas, Project CP 79-13-8060 – Furnish and Apply Chloride 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 Envirotech Services Inc. in the amount of $4563.17.

Adopted Unanimously

Resolution No.: 2013-161

Whereas, Wabasha County and the Wabasha County Sheriff's Office is engaged in statutorily unauthorized activities by conducting the Safe Driving Class; and

Whereas, Wabasha County and the Wabasha County Sheriff's Office caused illegal disbursements or misappropriations of public funds collected under the unauthorized Safe Driving Class program; and

Whereas, the adoption of the Safe Driving Class program and the issuance of tickets to alleged violators that do not conform to the provisions under Minnesota Statute chapter 169 is a failure of the County to fulfill its obligation to uphold Minnesota law and constitutes an intentional continuing violation of state law; and

Whereas, each Wabasha County Commissioner has taken a sworn oath of office to faithfully and impartially discharge the duties of the office to which they have been elected; and

Whereas, each Wabasha County Commissioner will be willfully malfeasant if they were to support the continuance of the Safe Driving Class program; and

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners acknowledges the Safe Driving program constitutes a continuing violation of State law and hereby moves to immediately cease the present operation of the program in Wabasha County; and

Be it Finally Resolved, the Wabasha County Board directs County staff to work in collaboration and cooperation with the Minnesota State Auditor's office to design a legal administrative citation program that complies Minnesota Statute 169.999 and the rest of Chapter 169.

Removed from the Agenda

Resolution No.: 2013-162

Whereas, it is in the interest of the taxpayers of Wabasha County that Wabasha County implement policies and procedures that minimize their liability exposure; and

Whereas, the Wabasha County Board of Commissioners has a fiduciary responsibility to enact such policies; and

Whereas, Wabasha County shares risk with other counties as a member of the joint powers entity [MCIT]; and

Whereas, Wabasha County values fiscal responsibility and pro-actively seeks methods to reduce operational costs of county government; and

Whereas, MCIT has alerted their member counties to the increasing DPPA claims and lawsuits; and

Whereas, MCIT has offered risk management measures for their member counties;

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners directs each department head to review policies and procedures relative to maintaining, accessing, obtaining or disseminating not public data and update them as needed; and

Be it Further Resolved, the Wabasha County Board directs department heads and supervisors to train their employees on these policies and procedures including the potential implications to employees for violations; and

Be it Further Resolved, employees shall sign acknowledgments that they have attended the training and that they will only use not public data for legal government purposes; and

Be it Further Resolved, department heads shall review which employees in their departments have access to sensitive data and ensure that only those people who require access have it; and

Be it Further Resolved, the Wabasha County Board directs all county law enforcement employees to take the web-based course "Ethical Use of Computers and Databases" through the PATROL [Police Accredited Training Online] resource; and

Be it Further Resolved, any employee identified to have violated the Driver's Privacy Protection Act shall be immediately suspended and if upon investigation found guilty of violating it, shall be terminated; and

Be it Further Resolved, any elected official identified to have violated the Driver's Privacy Protection Act shall be immediately investigated by the Wabasha County Attorney's office or outside agency if appropriate; and

Be it Further Resolved, if any elected official is found guilty of violating the Driver's Privacy Protection Act, the Wabasha County Attorney shall immediately bring appropriate charges against said official; and

Be it Finally Resolved, any individual legal fees accrued by county staff or elected officials as a result of their violation of the Driver's Privacy Protection Act shall not be paid by Wabasha County.

Removed from the Agenda

SPRINGER – HALL

Resolution No. 2013-163

Whereas, the Olmsted County Board and the Wabasha County Board therefore wish to initiate the establishment of a Lake Improvement District on Lake Zumbro which is located in both Olmsted County and Wabasha County pursuant to Minn. Stat. Section 103B.515 and Minn. Stat Section 103B.525; and

Now, Therefore PURSUANT TO THE REQUIREMENTS SET FORTH IN MINN. STAT 103B.515, SUBD. 1 AND MINN. RULE 6115.0970, SUBP. 1, THE OLMSTED COUNTY BOARD AND WABASHA COUNTY BOARD RESOLVE AS FOLLOWS:

1. Map Showing Boundaries of the Lake Zumbro Improvement District. The map shall show the number and location of permanent homes and seasonal dwellings in the district. The scale of the map, and basic geographical information, such as range, township, and section numbers, shall be clearly indicated on the map. - The boundaries of the District shall be as set forth on the map of the District which is attached hereto as Exhibit A and the district boundary follows natural hydrologic boundaries to the extent practical.

2. Statement of Lake Problems and Objectives- It is believed by the Olmsted County Board and the Wabasha County Board that the infiltration of silt into Lake Zumbro since the creation of the lake in 1919 has impaired the water quality of the lake, adversely affected the plant and animal species that live in and around the lake, made the depth of the lake much shallower in many places which has adversely affected its utility for many recreational uses, and has impaired the efficiency of use of the water flowing through the dam for hydroelectric power generation by Rochester Public Utilities, which has created the need to dredge the lake to remedy these concerns. The State of Minnesota is requiring that property owners who live on the Lake provide a share of the funding which will be needed to dredge the lake. Creation of a Lake Improvement District is needed to provide a mechanism to collect funds through assessments on the adjoining property owners which can be contributed toward the cost of the dredging project; and,

3. The Proposed Type Or Types Of Water And Related Land Resource Management Programs To Be Undertaken By The Proposed District. This Shall Include A Detailed Statement Of Intended Studies, Management Programs, Remedial Actions, And Construction Projects -

A preliminary engineering plan has been completed for restoring Lake Zumbro. Restoration objectives include: restoring aquatic habitat, improving water quality, increasing public access, expanding recreational opportunities for boating, fishing, and swimming, and enhancing renewable hydropower production. Dredging is proposed to remove approximately 30 years of accumulated sediment from a 180-acre lake area. A link to the plan is included below.

http://www.co.olmsted.mn.us/environmentalresources/waterresourcemanagement/Documents/Prelim%20Eng%20Report_7-23-11_submittedNov2011.pdf

4. A Statement Of The Means By Which The Programs Will Be Financed –

The exact manner by which the dredging program will be financed remains to be determined, but some type of an assessment against improved properties located within the Lake Improvement District is contemplated. Details on this financing will be finalized following input from the public and from the LID Board.

5. The Number Of Directors Proposed For The District. – The proposed LID Board will have nine (9) members; seven (7) members will be residential and business property owners who are located within the LID, the other 2 members will be an Olmsted County Commissioner and a Wabasha County Commissioner who will serve as ex officio non-voting members of the Board.

6. Copies Of Local Ordinances Which Regulate Use Of The Lake Or Any Public Access. – A copy of a local ordinance which regulates the surface use of the lake is attached as Exhibit B

7. Any Information Indicating The Degree Of Local Interest And Commitment To Future Management –

The multiple local units of government and organizations that are working to restore Lake Zumbro all will have a role in its future management and protection. These include Olmsted and Wabasha Counties, Rochester Public Utilities, Lake Zumbro Improvement Association, and Lake Zumbro Forever, Inc.

8. The Identification Of Any Lands And Waters Which May Be Adversely Affected By The Implementation Of District Purposes, And A Preliminary Assessment Of These Adverse Effects –

No waters will be adversely affected by the implementation of the District purposes, but there will be short term impacts to crop production on lands which receive dredge spoils.

9. A Statement Outlining The Adequacy And Ownership Of Public Accesses, Including Public Lands And Beaches-

There are also two public boat ramps, one at the Ponderosa Campground near the northern end of the lake, and one off of Olmsted County Road 12 at Sandy Point; however following a flood in September of 2010, the latter ramp is no longer useable due to major sediment deposition. There is also a fee-to-launch boat ramp next to Fisherman's Inn Restaurant on the western shore of the lake. The City of Rochester/Rochester Public Utilities owns the lakebed beneath the lake. There are currently no public beaches on Lake Zumbro.

10. An Estimate Of The Total Equalized Valuation Of The Property Within The District – $87,420,600.00

11. Any Other Information Demonstrating Accordance With The Criteria And Standards For Establishment As Contained In Part 6115.0960 –

Local need for district: The scale of the district's proposed purposes exceed the capabilities of the Lake Zumbro Improvement Association, and Lake Zumbro Forever, Inc. The project area extends across two counties and the district will provide impacted parties in both counties a role in assessing costs and guiding project implementation.

Appropriateness of the proposed boundaries: The proposed boundaries include all properties bounding the lake that will be able to utilize the lake for recreational purposes. The scale of the watershed draining to the lake precludes inclusion of the entire drainage basin in the district. The proposed district encompasses all of the areas where restoration work will be done

Appropriateness of proposed purposes: Lake Zumbro's shallow bays and headwater area have many of characteristics of degraded shallow lake habitat, and are subject to mixing from wind, surface use, and carp, resulting in near-constant turbid water. The proposed restoration project is based on the best available science and engineering relative to resource and habitat enhancement, restoration, and protection.

There are no other lakes of this type anywhere near Rochester and the City continues to be one of the fastest growing in the state. As energy prices continue to increase, a restored Lake Zumbro will help the state meet its conservation plan goal of providing outdoor recreation opportunities while limiting the need to travel great distances.

Technical feasibility of proposed plans and programs: A preliminary engineering plan has been completed that illustrates the technical feasibility of the restoration plan.

Adequacy of proposed means of financing: Financial commitments for the project purpose include $3 million in bonding funds from the State of Minnesota and a commitment to providing one-third of local matching fund by the Rochester Public Utilities. Additionally, the Lake Zumbro Improvement Association established a 501c3 organization for the purpose of supporting the district proposed purposes.

Adequacy of procedures for planning, decision-making, and public involvement: Membership on the district board and board procedures will assure that diverse interests are considered in decision making and that the best overall interests of fairness and public health, safety, and welfare.

Public access: Public access will be maintained where it currently exists and access will be restored in areas where it has been or is being lost.

Adequacy of long-range monitoring of environmental effects of district programs: The district purposes will result in multiple environmental benefits. There has been significant environmental monitoring in the lake and in the up and down stream reaches of the Zumbro River and that information will provide baseline data for assessments that will be completed during and following restoration.

Coordination with other special purpose districts: There are two special districts whose jurisdiction includes Lake Zumbro – the Olmsted County Soil and Water Conservation District and the Wabasha County Soil and Water Conservation District. These districts do not have the capacity or the interest in implementing the purposes of the proposed district.

12. Designate The County Officer Or Agency That Will Be Responsible For Supervising The Programs –

Olmsted County Environmental Resources Department

13. Set A Date For A Hearing On The Resolution – The public hearing on the resolution shall be set for October 8, 2013 at 11:30 a.m. at the Ponderosa Bar and Grill, 40240 County Road 90, Mazeppa, Minnesota.

The effective date of this resolution of intent to enact the Lake Zumbro Improvement District shall be September 1, 2013.

I CERTIFY THAT the above resolution and order was adopted by the Olmsted County Board of Commissioners on August __, 2013.

Dated: August ____, 2013

OLMSTED COUNTY BOARD OF COMMISSIONERS

By:___________________________

Jim Bier, Chairperson

ATTEST:

_______________________________

Richard G. Devlin, Clerk-Administrator

Nay: Harms, Roschen

Adopted

 

The full Board will meet with Olmsted County October 8 at 11:30 a.m. at the Ponderosa in Mazeppa.

 

SPRINGER - ROSCHEN

Resolution No.: 2013-164

Be It and It Is Hereby Ordained and Resolved, By the Wabasha County Board of Commissioners, County of Wabasha, State of Minnesota, under authority provided in Minn. Stat. § 169.045, that: An Ordinance regulating the use and operation of four-wheel all-terrain vehicles on portions of designated roadways under the County's jurisdiction be and hereby is established as follows:

SECTION I.

PURPOSE

Minnesota Statutes §169.045 and §84.92 through §84.928 generally regulate the use of all terrain vehicles within the right of way for trunk highways, county state aid highways, and county roads.(A copy of these regulations can be found on the County's website or on the Minnesota Revisor of Statute's website.) Consistent with these statutes, and to provide for the health, safety and welfare of its citizens, the Wabasha County Board of Commissioners hereby ordains the following provisions to allow the use of Class I ATVs on County State Aid Highways and County Aid Roads within Wabasha County.

SECTION II.

DEFINITIONS

The following definitions apply to this Ordinance:

A. ATV or all-terrain vehicles shall be defined by Minnesota Statutes § 84.92.

B. County means the County of Wabasha, Minnesota.

C. County State Aid Highway (CSAH) means all roads designated in Wabasha as County State Aid Highways.

D. County Aid Roads (CAR) means all roads designated as County roads.

E. Class I ATV means an ATV that has a total dry weight of less than 900 pounds.

F. Roadway means the extreme right-hand side of the road right-of-way.

G. Right of Way shall be as defined by Minnesota Statutes § 84.92

SECTION III.

PERMITTED OPERATION OF CLASS I ALL-TERRAIN VEHICLES ON ROADS IN WABASHA COUNTY

In accordance with this ordinance and Minnesota Statute § 169.045, it shall be permissible to operate a Class I ATV on the following road right-of-ways in Wabasha County by permit:

All gravel surfaced CSAH right-of ways and CAR right-of-ways and all paved CSAH and CAR right of ways.

1. Persons operating ATVs on any of the roadways listed in section III must operate the ATV on the extreme right hand side of the road and make left turns across the road only if it is safe to do so under prevailing conditions.

2. Except as otherwise provided in this Ordinance, all operation of ATVs shall comply with Minnesota Statutes § 84.92 through § 84.928 and § 169.045, as well as any other Federal, State or local law, rule or regulation. A copy of these regulations can be found on the County's website or on the Minnesota Revisor of Statute's website.

3. Persons operating ATVs may only do so from 30 minutes before sunrise to 30 minutes after sunset. ATVs may not be operated in inclement weather or when visibility is impaired.

SECTION IV.

REQUIREMENTS FOR A PERMIT PER MINNESOTA STATUTE § 169.045

1. Application shall be made in a form supplied by the County and shall contain the information listed below. All permits shall be issued by the Wabasha County Sheriff's Office or other appropriate agency.

2. All ATV owners must provide proof of liability insurance at all times when operating on a roadway and a certificate of insurance must be submitted at the time of the permit application.

3. The permit shall be issued for a three calendar years (January 1st through December 31st) and is to be renewed thereafter.

6. If you choose not to ride the roadways listed in Section III of this ordinance, you do not need a permit.

7. ATV permits from other jurisdictions will be honored in Wabasha County as long as they are filed with the County.

8. After these permitting requirements have been met your DNR ATV registration will serve as your County permit.

SECTION IV.

PENALTY

A violation of this ordinance is a petty misdemeanor subject to a penalty not to exceed $300.00.

Section V

SEVERABILITY

The provisions of this ordinance are severable. Should any section, paragraph, sentence or close of this regulation be declared invalid for any reason, the remainder of said regulation shall not be affected and the remainder of the ordinance shall remain in full force.

EFFECTIVE DATE

This regulation shall be in full force and effect upon publication and adoption pursuant to law.

Be It Further Resolved, that the Wabasha County Auditor/Treasurer's Office is directed to have notice published in the official newspaper of the county as required by law.

Adopted Unanimously

SPRINGER - WOBBE

Motion to recess.

Adopted Unanimously

HARMS – SPRINGER

Motion to Re-open Board meeting.

Adopted Unanimously

 

Mower County gave a presentation/discussion in regard to the potential merger of Wabasha County Public Health and Social Services.

Commissioners reported on meetings they attended.

 

SPRINGER – HARMS

Motion to recess to Special Meeting Friday, August 23, 2013 at the Courthouse in Wabasha.

Adopted Unanimously

Agenda for this meeting

Video 1 of 1 (Direct)

 

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