Minutes October 1, 2013

Wabasha County Board of Commissioners

Meeting of October 1, 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, October 1, 2013 at 9:00 a.m.

 

The meeting was called to order by Board Chairman Hall.

 

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

 

SPRINGER - WOBBE

Motion to approve the agenda.

Adopted Unanimously

 

Public Forum Comments: Jennifer George, Rep. Steve Drazkowski

 

SPRINGER - HARMS

Motion to approve the consent agenda including the following:

Claims

Meal Vouchers

Per Diems

SSIS Claims

Minutes: September 24, 2013

Donation of $250 from Chad Setter and Gina Paulsen to the Youth Link Mentorship Program.

Abstain: Roschen

Adopted Unanimously

WOBBE – HARMS

Resolution No.: 2013-180

Be it resolved by the Wabasha County Board of Commissioners that Wabasha County enter into the attached Right of Way Encroachment Agreement between the County and Owners of Record, Dallas V. Moe and Trina R. Refsland and authorizes the County Board Chair to execute the Agreement.

Adopted Unanimously

SPRINGER - HALL

Resolution No.: 2013-193

Be it resolved by the Wabasha County Board of Commissioners that Wabasha County enter into Mn/DOT Agreement No. 04561 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 4 as a detour route during the contract construction to be performed upon, along and adjacent to Trunk Highway No. 60 from 0.114 miles west of County State Aid Highway 20 to 0.009 miles west of County State Aid Highway 20 under State Project No. 7903-45 (T.H. 60=073).

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 – WOBBE

Resolution No.: 2013-194

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

SAP 079-605-014

SAP 079-604-050

SAP 079-610-013

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

ROSCHEN - WOBBE

Resolution No.: 2013-195

Whereas, Wabasha County Public Health is in need of Certified Public Health Nurses, and;

Whereas, Public Health has not been able to hire a certified Public Health Nurse over the past 8 years, even though there have been openings, and;

Whereas, Jodi Johnson is going back to school so she can become a certified PHN, and;

Whereas, in the past Jodi has worked 40 hrs/wk and now needs to reduce to 37.5-40 hrs/wk to complete her schooling, and;

Whereas, the policy manual states that full time employment is 37.5 hrs/wk,

Now Therefore be it Resolved, by the Wabasha County Board of Commissioners that; Jodi Johnson, RN be allowed to work 37.5-40 hrs/wk and maintain full time status while she is completing her education to become a Certified Public Health Nurse.

Adopted Unanimously

HARMS – HALL

Resolution No.: 2013-196

Whereas, MDH has offered Wabasha County a State Health Improvement Planning Grant (SHIP), and;

Whereas, this grant will cover the cost of a Full Time SHIP coordinator to plan for and write a SHIP implementation grant, and;

Whereas, no County tax levy dollars will be required to support this grant,

Now Therefore be it Resolved, by the Wabasha County Board of Commissioners that; Wabasha County Public Health accepts the SHIP planning grant and proceed with developing an implementation grant.

Adopted Unanimously

ROSCHEN - SPRINGER

Resolution No.: 2013-197

Whereas, Wabasha County Public Health has received a State Health Improvement Program grant, and;

Whereas, the grant requires a full time Coordinator, and;

Whereas, There currently is no job description for a SHIP Coordinator; and

Whereas, Public Health currently does not having the staff available to fill this role

Now Therefore be it Resolved, by the Wabasha County Board of Commissioners that; the Board accept the SHIP Coordinator job description as presented and authorize the Public Health Director to hire a full time SHIP coordinator on the pay scale recommended by the pay equity committee, now higher than step 3 dependant on experience. This is a grant-funded position and if grant funding is not continued, or lost, the position will be eliminated.

Adopted Unanimously

ROSCHEN – HARMS

Remove Nos. 2, 3, 4, 7, 9 from Res. 2013-198.

Nay: Hall, Springer, Wobbe

Motion Failed

ROSCHEN –

Motion to send back to Planning Commission.

Failed for Lack of a Second

ROSCHEN – HALL

Motion to remove Nos. 2, 3, 4, 7 from Res. 2013-198.

Nay: Springer, Wobbe

Adopted

Resolution No.: 2013-198 (revised)

Whereas, Josh Kellner has applied for a Conditional Use Permit to operate an automotive repair shop on his property located in the NW ¼ NW ¼, Section 11, Township 109 North, Range 13 West (Parcel R07.00083.03); and

Whereas, The Wabasha County Planning Commission conducted a public hearing on August 19, 2013 to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter and with a vote of 5-0 recommends to the Wabasha County Commissioners the request be approved with the following conditions:

1. Customer vehicles shall be stored in an area described as follows: The point of beginning being the northeast corner of the workshop, thence north 150 feet, thence easterly 85 feet more or less to the tree line on the property, thence south 150 feet, thence westerly to the point of beginning.

2. There shall be no unloading of materials or vehicles on the County right-of-way.

3. The business shall be limited to 20 licensed customer vehicles on the property.

4. Three signs a minimum of 32 sq. ft. in area shall be erected on the property to indicate the location of the business. One sign shall be placed on the northerly property line off of the right-of-way, a second sign shall be placed on the southerly property line off of the right-of-way, and the third sign shall be placed on the workshop facing the road.

5. This conditional use permit shall be valid for only one year from the date approved by the Wabasha County Board of Commissioners

6. Signs shall be installed on the business driveway located 15 feet from the edge of the road and shall read as follows: No parking between this sign and the edge of the road.

7. All signs shall be erected and excess vehicles shall be removed within 30 days from the date this permit is approved by the County Board.

8. The business shall comply with all applicable MPCA regulations.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Josh Kellner with the conditions as recommended by the Planning Commission.

Adopted

ROSCHEN -

Resolution No.: 2013-199

Whereas, Gerald and Ruth Klein have requested to rezone parcel R08.00152.06 and parcel R08.00152.00 located in Section 25, Township 111 North, Range 12 West from the Agricultural Protection District (A-1) to the Agriculture/Urban Fringe District (A-2); and

Whereas, The Wabasha County Planning Commission conducted a public hearing on September 16, 2013 to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter after the public hearing and with a vote of 5-0 recommends to the Wabasha County Commissioners the request be approved.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the rezone request from Gerald and Ruth Klein to rezone parcel R08.00152.06 and parcel R08.00152.00 located in Section 25, Township 111 North, Range 12 West from the Agricultural Protection District (A-1) to the Agriculture/Urban Fringe District (A-2)

Failed for Lack of Second

SPRINGER - HARMS

Resolution No.: 2013-200

Whereas, Matt Kundert of Whip Communications has applied for a Conditional Use Permit to construct a 195' cellular tower on parcel R16.00231.00 located in Section 29, Township 110 North, Range 12 West; and

Whereas, The Wabasha County Planning Commission conducted a public hearing on September 16, 2013 to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter after the public hearing and with a vote of 5-0 recommends to the Wabasha County Commissioners the request be approved with the following condition:

1. The owner of the tower shall maintain funds necessary for the removal of the tower.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Whip Communications with the conditions as recommended by the Planning Commission.

Adopted Unanimously

WOBBE - SPRINGER

Resolution No.: 2013-201

Whereas, the Wabasha County Department of Social Services has the responsibility to administer public assistance (cash/medical) programs to individuals as part of duties delegated to counties under Minnesota Statute 402; and

Whereas, Director Smith and Supervisor McNally have shared information with the Human Services Board on the impact on the daily workload of the current Income Maintenance Unit with the implementation of the Affordable Care Act, known as MNsure in the State of Minnesota; and

Whereas, the State anticipates a 30-50% increase the caseload and time necessary for training and implementation of MNsure; and

Whereas, the implementation of MNsure will be phased in during 2014, with a gradual decrease of implementation activity by the end of December 2015; and

Whereas, the Federal Government has acknowledged the increase workload during the implementation period, by increasing the Federal Financial Participation (FFP) rate for these activities from 50% to 75%; and

Whereas, the increased Federal Financial Participation rate for the entire IMU is anticipated to save Wabasha County approximately $120,000 during 2014; and

Whereas, the Director of Social Services and Supervisor recommend creating an additional Eligibility Worker position within the Department of Social Services to handle to projected workload;

Now therefore be it resolved the Wabasha County Board of Commissioners hereby approves the creation of an additional Eligibility Worker position and filling the position. It is understood that the anticipated net expense of this position will be less than $12,000 (salary less 75% FFP). Further, the need to maintain this staffing level will be reviewed with each/any change in personnel due to retirement, resignation, or change in funding. Continuation of this position will be reviewed in December, 2014.

Adopted Unanimously

WOBBE - HARMS

Resolution No.: 2013-202

Whereas, Minn. Stat. 375A.46 subd. 4 allows the County Board to assign duties to the County Administrator,

Whereas, the Wabasha County Board of Commissioners wishes to have the County Administrator serve as clerk of the County Board thereby releasing the County Auditor from the responsibility of performing such duties;

Therefore Be It Resolved that the Wabasha County Administrator shall serve as the clerk of the County Board starting October 15, 2013.

Adopted Unanimously

WOBBE - SPRINGER

Resolution No.: 2013-203

Whereas, Wabasha County as required by Minnesota Statute 471.6161 requested proposals for a Basic Group Dental Insurance Plan for County employees, and

Whereas, the aggregate value of benefits provided to employees covered by a collective bargaining agreement cannot be reduced unless agreed to by the bargaining units, and

Whereas, the current provider (Delta Dental of Minnesota) provided a proposal that makes no changes to the current plan and therefore meets Minnesota Statute requirements.

Now Therefore Be it Resolved, the Wabasha County Board of Commissioners approves continuing with the current provider (Delta Dental of Minnesota), at the present level of coverage.

Adopted Unanimously

HARMS - WOBBE

Resolution No.: 2013-204

Whereas, Minn. Stat. §13D.01 subd. 1(a) permits closing a County Board meeting for the purposes of discussing labor negotiation strategy;

Whereas, the County Board desires to consult with its attorney regarding the best course of action to take during the upcoming labor negotiations.

Whereas, the County Attorney has advised the Board that it is not possible to fully discuss strategy and the options available to the County in a public meeting that may be attended by the opposing party

Whereas, without such a meeting the County will have to make decisions without the full benefit of consultation with counsel, and is concerned that in such a situation, it could make poor or uninformed decisions, exposing the County and its taxpayers to liabilities and costs that could be avoided by fully informed decision making available only in a closed session with counsel.

Whereas, certain phases of the negotiation strategy may be impaired if every discussion is available for the benefit of opposing parties;

Whereas, the County Board wishes to meet with its attorney to discuss the pros and cons, and strategy regarding the labor negotiations, and finds that such a discussion cannot be had in public session.

Whereas, based upon the foregoing the Board finds there is an absolute need for confidentiality of this matter.

Now, Therefore, Be It Resolved, a special closed meeting of the County Board addressing the labor negotiation strategy will be held with the County Attorney. No subject matter other than the foregoing shall be discussed at said meeting.

Adopted Unanimously

ROSCHEN – HARMS

Motion to re-open regular Board meeting.

Adopted Unanimously

HARMS - ROSCHEN

Resolution No.: 2013-205

Whereas, Minn. Stat. §13D.05 subd. 3(b) permits closing a County Board meeting if such closure is permitted by the attorney-client privilege;

Whereas, the County Board desires to consult with its attorney regarding the litigation/threat of litigation.

Whereas, the County Attorney has advised the Board that it is not possible to fully discuss strategy and the options available to the County in a public meeting that may be attended by the plaintiff/party threatening litigation.

Whereas, without such a meeting the County will have to make decisions without the full benefit of consultation with counsel, and is concerned that in such a situation, it could make poor or uninformed decisions, exposing the County and its taxpayers to liabilities and costs that could be avoided by fully informed decision making available only in a closed session with counsel.

Whereas, in the closed session, the only subject to be discussed is the potential claim made against the County.

Whereas, certain phases of the litigation strategy may be impaired if every discussion is available for the benefit of opposing parties;

Whereas, the County Board wishes to meet with its attorney to discuss the pros and cons, and strategy regarding a response to the litigation, and finds that such a discussion cannot be had in public session.

Whereas, based upon the foregoing the Board finds there is an absolute need for confidentiality of this matter.

Now, Therefore, Be It Resolved, a special closed meeting of the County Board addressing the threatened litigation made against the County will be held with the County Attorney. No subject matter other than the foregoing shall be discussed at said meeting.

Adopted Unanimously

WOBBE – ROSCHEN

Motion to re-open regular Board meeting.

Adopted Unanimously

SPRINGER - ROSCHEN

Resolution No.: 2013-206

Whereas, the City of Wabasha is interested in leasing space in the County's Criminal Justice Center to house the Wabasha Police Department; and

Whereas, the Wabasha County Board of Commissioners believes that entering into such an agreement would be beneficial to the County citizens as well as the City of Wabasha; and

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the contract attached as Exhibit 1 be entered into and executed by the County. All terms and conditions of the attached contract will be adopted by reference of this resolution.

Adopted Unanimously

 

Commissioners reported on meetings they attended.

 

ROSCHEN - HARMS

Motion to adjourn.

Adopted Unanimously

 

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