Minutes January 21, 2014

Wabasha County Board of Commissioners

Meeting of January 21, 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, January 21, 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, Roschen

 

SPRINGER - WOBBE

Motion to approve the agenda after removing Item R.

Nay:  Harms, Roschen

Adopted

HALL - SPRINGER

Motion to approve the consent agenda including the following:

Claims

Meal Vouchers

Per Diems

SSIS Claims

Minutes: January 7, 2014; Special Board Meeting January 14, 2014

Donation of $548.82 from Greenfield Township Combined Drive to the Public Health Special Needs Fund.

Adopted Unanimously

ROSCHEN – HALL

Motion to open the Public Hearing in regard to Individual Septic Treatment Systems Ordinance Update.

Adopted Unanimously

HARMS – WOBBE

Motion to close the Public hearing.

Adopted Unanimously

WOBBE – HALL

Motion to re-open regular Board meeting.

Adopted Unanimously

ROSCHEN – HALL

Resolution No: 2014-023

Resolution Approving Payment to the Southeast Minnesota Narcotics & Gang Task Force and authorization for an Auditor's Warrant

Whereas, the Wabasha County Board of Commissioners has approved an appropriation in the amount of $6,000.00 in the 2014 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.

Whereas, the Sheriff also requests approval for the Auditor's Office to cut an Auditor's Warrant not to exceed the invoice amount of $6,000.00.

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.

Be it further Resolved by the Wabasha County Board of Commissioners that, the Auditor's Office is hereby authorized to cut an Auditor's Warrant not to exceed the invoice amount of $6,000.00 to the respective vendor.

Adopted Unanimously

SPRINGER - WOBBE

Resolution No.:  2014-024

Whereas, the Wabasha County Highway Department finds it beneficial to purchase one 2014 International Tandem Truck and snow removal equipment, and

Whereas, with the purchase of one 2014 International Tandem Truck and snow removal equipment, Unit 993 – Ford Tandem Truck and associated snow removal equipment is considered excess.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Wabasha County Highway Department be authorized to purchase one 2014 International Tandem Truck from Astleford International Trucks and Snow Removal Equipment from Universal Truck Equipment Inc., and hereby authorizes the County Auditor/Treasurer to issue warrants for applicable sales tax and license fees of the truck.

Be it further resolved that the Wabasha County Board of Commissioners hereby declares Unit 993 – Ford Tandem Truck and associated snow removal equipment as Excess Equipment and authorizes the County Engineer to dispose as a trade-in allowance.

Adopted Unanimously

ROSCHEN - HARMS

Resolution No.:  2014-025

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.

(or other County Board alternative)

Adopted Unanimously

SPRINGER - HALL

Resolution No.:  2014-026

Whereas, the Wabasha County Highway Department proposes to acquire land along the existing right of way of County Aid Highway 68 for the purpose of improving this road under S.A.P. 079-598-025; and

Whereas, S.A.P. 079-598-025 is necessary in order to improve this segment of County State Highway 68 to provide for public health, welfare, safety and convenience; and

Whereas, the lands necessary to be acquired for S.A.P. 079-598-025 are described as follows:

That part of the Northeast Quarter of Section 36, Township 110 North, Range 14 West, Wabasha County, Minnesota, described as follows:

Commencing at the East Quarter corner of said Section 36; thence on a bearing of N89º57'35"W, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the south line of the Northeast Quarter of said Section 36, a distance of 1070.61 feet; thence N 0º02'25 E, a distance of 652.75 to the northeasterly right of way line of State Highway No. 60, being the point of beginning of the land to be described: thence N39º18'27"E, a distance of 190.76 feet; thence northeasterly, along a tangential curve concave to the northwest, having a radius of 570.00 feet and a central angle of 11º34'36", an arc distance of 115.17 feet; thence N 27º43'51"E, tangent to the last described curve, a distance of 476.66 feet; thence northeasterly, along a tangential curve concave to the southeast, having a radius of 1200.00 feet and a central angel of 29º14'33", an arc distance of 612.46 feet; thence N56º58'24"E, tangent to the last described curve, a distance of 217.08 feet; thence N33º01'36"W, a distance of 40.00 feet; thence S56º58'24"W, a distance of 217.08 feet; thence southwesterly, along a tangential curve concave to the southeast, having a radius of 1240.00 feet and a central angle of 29º14'33", an arc distance of 632.87 feet; thence S27º43'51"W, tangent to the last described curve, a distance of 458.18 feet; thence N62º16'10"W, a distance of 35.00 feet; thence S27º43'51"W, a distance of 18.49 feet; thence southwesterly, along a tangential curve concave to the northwest, having a radius of 495.00 feet and central angle of 11º34'36", an arc distance of 100.02 feet; thence S39º18'27"W,  a distance of 181.48 feet to the northeasterly right of way line of State Highway No. 60; thence southeasterly, along said northeasterly right of way line, to the point of beginning.

Said parcel contains 1.73 acres more or less of which approximately 1.37 acres is existing right of way previously acquired by written instrument or by prescription and approximately 0.36 acres is new highway right of way.

AND

That part of the Northeast Quarter of Section 36, Township 110 North, Range 14 West, Wabasha County, Minnesota, described as follows:

Commencing at the East Quarter corner of said Section 36; thence on a bearing of N89º57'35"W, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the south line of the Northeast Quarter of said Section 36, a distance of 1070.61 feet; thence N 0º02'25 E, a distance of 652.75 to the northeasterly right of way line of State Highway No. 60, being the point of beginning of the land to be described: thence N39º18'27"E, a distance of 190.76 feet; thence northeasterly, along a tangential curve concave to the northwest, having a radius of 570.00 feet and a central angle of 11º34'36", an arc distance of 115.17 feet; thence N 27º43'51"E, tangent to the last described curve, a distance of 476.66 feet; thence northeasterly, along a tangential curve concave to the southeast, having a radius of 1200.00 feet and a central angel of 29º14'33", an arc distance of 612.46 feet; thence N56º58'24"E, tangent to the last described curve, a distance of 217.08 feet; thence S33º01'36"E, a distance of 40.00 feet; thence S56º58'24"W, a distance of 217.08 feet; thence southwesterly, along a tangential curve concave to the southeast, having a radius of 1160.00 feet and a central angle of 29º14'33", an arc distance of 592.04 feet; thence S27º43'51"W, tangent to the last described curve, a distance of 408.18 feet; thence S62º16'10"E, a distance of 35.00 feet; thence S27º43"51"W, a distance of 68.49 feet; thence southwesterly, along a tangential curve concave to the northwest, having a radius of 645.00 feet and central angle of 11º34'36", an arc distance of 130.32 feet; thence S39º18'27"W, tangent to the last described curve, a distance of 205.44 feet to the northeasterly right of way line of State Highway No. 60; thence northwesterly, along said northeasterly right of way line, to the point of beginning.

Said parcel contains 1.80 acres more or less of which approximately 1.08 acres is existing right of way previously acquired by written instrument or by prescription and approximately 0.72 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

SPRINGER – HARMS

Resolution No.:  2014-027

Whereas, the Wabasha County Highway Department proposes to acquire land along the existing right of way of County Aid Highway 69 for the purpose of the proposed construction under S.A.P. 079-598-026; and

Whereas, S.A.P. 079-598-026 is necessary in order to improve this segment of County Aid Highway 69 to provide for public health, welfare, safety and convenience; and

Whereas, the lands necessary to be acquired for S.A.P. 079-598-026 are described in Wabasha County Highway Right of Way Plat No. 44.

Now therefore be it resolved that the Wabasha County Board of Commissioners hereby accepts Wabasha County Highway Right of Way Plat No. 44, 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. 44 in accordance with applicable laws and statutes.

Adopted Unanimously

HALL - ROSCHEN

Resolution No.:  2014-028

Whereas, Wabasha County has applied to the Commissioner of Transportation for a grant for 2010 Local Road and Bridge Disaster Relief on County State Aid Highway 4 under S.A.P. 079-604-050, and

Whereas, the Commissioner of Transportation has given notice that funding for this Project is available, and

Whereas, the amount of the 2010 Local Road and Bridge Disaster Relief (LRBDR) grant for construction has been determined to be $154,834 by reason of the lowest responsible bid, and

Whereas, the amount of the 2010 Local Road and Bridge Disaster Relief (LRBDR) grant for engineering has been determined to be $10,000, and

Whereas, the State of Minnesota requires the attached Grant Agreement No. 04518 and Declaration for S.A.P. 079-604-050 be executed by Wabasha County in order to receive the necessary funds for this Project.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Wabasha County does hereby agree to the terms and conditions of the grant and 2010 Local Road and Bridge Disaster Relief Grant Agreement, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for this project but not required.  Grant Agreement information is on filed at the County Highway Department.

Be it further resolved that the Chair of the Wabasha County Board of Commissioners and Clerk to the Board are hereby authorized to execute the 2010 Local Road and Bridge Disaster Relief Grant Agreement and Declaration on behalf of Wabasha County.

Adopted Unanimously

WOBBE - HALL

Resolution No.:  2014-029

Whereas, Wabasha County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge 79554 on County State Aid Highway 5 under S.A.P. 079-605-014, and

Whereas, the Commissioner of Transportation has given notice that funding for this Project is available, and

Whereas, the amount of the grant has been determined to be $351,322.50 by reason of the lowest responsible bid, and

Whereas, the State of Minnesota requires the attached Local Bridge Replacement Program Grant Agreement and Declaration for S.A.P. 079-605-014 be executed by Wabasha County in order to receive the necessary funds for this Project.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Wabasha County does hereby agree to the terms and conditions of the grant and Local Bridge Replacement Program Grant Agreement consistent with Minnesota Statutes; 174.50, subdivision 5, clause (3), and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for this bridge but not required.  Grant Agreement information is on file at the County Highway Department.

Be it further resolved that the Chair of the Wabasha County Board of Commissioners and Clerk to the Board are hereby authorized to execute the Local Bridge Replacement Program Grant Agreement and Declaration on behalf of Wabasha County.

Adopted Unanimously

WOBBE - HARMS

Resolution No.:  2014-030

Whereas, Wabasha County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge 79J62 on County State Aid Highway 10 under S.A.P. 079-610-013, and

Whereas, Wabasha County has applied to the Commissioner of Transportation for a grant for 2010 Local Road and Bridge Disaster Relief on County State Aid Highway 10 under S.A.P. 079-610-013, and

Whereas, the Commissioner of Transportation has given notice that funding for this Project is available, and

Whereas, the amount of the Local Bridge Replacement Program (LBRP) grant has been determined to be $336,183.00 by reason of the lowest responsible bid, and

Whereas, the amount of the 2010 Local Road and Bridge Disaster Relief (LRBDR) grant for construction has been determined to be $376,922.36 by reason of the lowest responsible bid, and

Whereas, the amount of the 2010 Local Road and Bridge Disaster Relief (LRBDR) grant for engineering has been determined to be $39,286, and

Whereas, the State of Minnesota requires the attached Grant Agreement No. 04520 and Declaration for S.A.P. 079-610-013 be executed by Wabasha County in order to receive the necessary funds for this Project.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Wabasha County does hereby agree to the terms and conditions of the grant and Local Bridge Replacement Program and 2010 Local Road and Bridge Disaster Relief Grant Agreement consistent with Minnesota Statutes; 174.50, subdivision 5, clause (3), and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for this project but not required.  Grant Agreement information will be on file at the County Highway Department.

Be it further resolved that the Chair of the Wabasha County Board of Commissioners and Clerk to the Board are hereby authorized to execute the Local Bridge Replacement Program and 2010 Local Road and Bridge Disaster Relief Grant Agreement and Declaration on behalf of Wabasha County.

Adopted Unanimously

SPRINGER - WOBBE

Resolution No.:  2014-031

Whereas, the Federal Highway Administration (FHWA) requires that states agree to operate and maintain facilities constructed with federal transportation funds for the useful life of the improvement and not change the use of right of way or property ownership acquired without prior approval from the FHWA; and

Whereas, Transportation Alternatives projects receive federal funding; and

Whereas, the Federal Highway Administration (FHWA) requires project sponsors to make available sufficient funds to cover the estimated local share of costs plus any additional project costs in the event the project exceeds the estimated total cost of the project; and

Whereas, the Minnesota Department of Transportation (Mn/DOT) has determined that for projects implemented with alternative funds, these above requirements should be applied to the project sponsor; and

Whereas, Wabasha County is the project sponsor for the transportation alternative project identified as City of Wabasha Trail and Wabasha CSAH 30 Shoulder Improvement Project.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Wabasha County act as sponsoring agency for the transportation alternative project identified as City of Wabasha Trail and Wabasha CSAH 30 Shoulder Improvement Project and has reviewed and approved the project as proposed. Sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of all applicable laws, rules and regulations.

Be it further resolved that Wabasha County will make available sufficient funds to cover the estimated local share of costs plus any additional project costs in the event that the project exceeds the estimated total cost of the project as reflected in the project application.

Be it further resolved that Wabasha County hereby agrees to assume full responsibility for the operation and maintenance of property and facilities related to the aforementioned Transportation Alternatives project, for the useful life of the improvements and will not change the use of right of way or ownership of property within the project without prior approval from the FHWA.

Be it further resolved that Wabasha County has received assurance that the Agency receiving the facility will retain responsibility for maintenance.

Be it further resolved that the Wabasha County Engineer is hereby authorized to act as agent on behalf of Wabasha County.

Nay:  Roschen

Adopted

SPRINGER - ROSCHEN

Resolution No.:  2014-032

Whereas, the Federal Highway Administration (FHWA) requires that states agree to operate and maintain facilities constructed with federal transportation funds for the useful life of the improvement and not change the use of right of way or property ownership acquired without prior approval from the FHWA; and

Whereas, Transportation Alternatives projects receive federal funding; and

Whereas, the Federal Highway Administration (FHWA) requires project sponsors to make available sufficient funds to cover the estimated local share of costs plus any additional project costs in the event the project exceeds the estimated total cost of the project; and

Whereas, the Minnesota Department of Transportation (Mn/DOT) has determined that for projects implemented with alternative funds, these above requirements should be applied to the project sponsor; and

Whereas, Wabasha County is the project sponsor for the transportation alternative project identified as Wabasha County Sidewalk Improvement Project.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Wabasha County act as sponsoring agency for the transportation alternative project identified as Wabasha County Sidewalk Improvement Project and has reviewed and approved the project as proposed. Sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of all applicable laws, rules and regulations.

Be it further resolved that Wabasha County will make available sufficient funds to cover the estimated local share of costs plus any additional project costs in the event that the project exceeds the estimated total cost of the project as reflected in the project application.

Be it further resolved that Wabasha County hereby agrees to assume full responsibility for the operation and maintenance of property and facilities related to the aforementioned Transportation Alternatives project, for the useful life of the improvements and will not change the use of right of way or ownership of property within the project without prior approval from the FHWA.

Be it further resolved that Wabasha County has received assurance that the Agency receiving the facility will retain responsibility for maintenance.

Be it further resolved that the Wabasha County Engineer is hereby authorized to act as agent on behalf of Wabasha County.

Adopted Unanimously

Resolution No.: 2014-033

Whereas, the Region One – Southeast Minnesota Homeland Security and Emergency Management Organization Joint Powers Board (JPB) recognizes that, in this current economy, there is a need for counties to have the ability to meet and train with others without actually traveling to alternate locations; and

Whereas, the JPB applied for grant funds for each county in the region to purchase a portable video conferencing system; and

Whereas, grant funds have previously paid the cost of maintenance fees, however, no grant funds are available at this time.  In anticipation of this, Emergency Management has budgeted this cost for 2014.

Now, Therefore, be it resolved that Wabasha County approves payment of the maintenance fees for the video conferencing system in the amount of $1,877.46.

Tabled to January 28 Board meeting

ROSCHEN – HARMS

Resolution No.:  2014-034

Whereas, the following applicant wish to have their Club On Sale Retail Liquor License approved:

Theilman Sportsman Club                West Albany Township

Whereas, the application have been approved by the County Attorney and County Sheriff.  Wabasha County Auditor/Treasurer has received certificate of insurance and the appropriate license fee.

Now therefore be it Resolved by the Wabasha County Board of Commissioners hereby approves the Club On Sale Retail Liquor License, subject to the approval of the State of Minnesota Liquor Control Commissioner.

Adopted Unanimously

HARMS – WOBBE

Resolution No:  2014-035

Whereas, the County Board of Commissioners of the County of Wabasha, State of Minnesota, desires to offer for sale to the public, parcels of land that has forfeited to the State of Minnesota for non-payment of property taxes and listed on attached Tax Forfeited Land List 2013a; and

Whereas, the County Board of Commissioners must determine the appraised value of the forfeited property to be sold.  The sale price cannot be less than the appraised value.

Now, therefore be it resolved by the Wabasha County Board of Commissioners hereby approves the appraised value on the Tax Forfeited Land List 2013a.

Adopted Unanimously

WOBBE – HALL

Resolution No:  2014-036

Whereas,  a parcel of land have forfeited to the State of Minnesota for non-payment of taxes; and

Whereas, the Wabasha County Board of Commissioners desires to sell these parcels at a public auction.

Be it Resolved by the Wabasha County Board of Commissioners that: the parcel of tax forfeited land listed on Tax Forfeited Land List 2013a be classified as non-conservation land; that the basic sale price of each parcel on the Tax Forfeited Land List 2013a be approved and authorization for a public sale be granted; pursuant to M.S. 282.01; that the sale will be held at 9:00 a.m., Thursday, February 27, 2014 by the Wabasha County Auditor/Treasurer in the Commissioner's Room of the Wabasha County Courthouse, for not less than the basic sale price; and that the sale be cash/money order/check only;  that the County Auditor/Treasurer  is hereby directed to publish a notice of sale as provided by law.

Be it Further Resolved, that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Wabasha County Board of Commissioners.

Adopted Unanimously

HALL - WOBBE

Resolution No.: 2014-037

Whereas, the Intercity Passenger Rail Forum (Forum) was created by the Minnesota Department of Transportation (MnDOT) to engage stakeholders in the creation and implementation of the Comprehensive Statewide Freight and Passenger Rail Plan (State Rail Plan); and

Whereas, the Forum's role is to recommend the coordination and implementation of passenger rail projects, and passenger rail policy issues through a consensus process, to the Commissioner of Transportation; and

Whereas, in 2010 , MnDOT commissioned a study to address the outstanding governance and funding issues identified in the State Rail Plan to implement and operate a passenger rail system in Minnesota titled the Minnesota DOT Implementation Plan for Governance and Financing of Minnesota's State Rail Program (Governance and Funding Study); and

Whereas, the Governance and funding Study included a recommendation for the gradual relocation of railroad property taxes paid to the state to a state railroad fund; and

Whereas, the 2009 Minnesota Legislature provided $26 million in bond funding to "Implement capital improvements and betterments for intercity passenger rail projects as identified in the Statewide Freight and Passenger Rail Plan under Minnesota Statutes, section 174.03, subdivision 1b, which are determined to be eligible for USDOT funding;" and

Whereas, the 2009 G.O bond funds allocation is essentially committed to projects, and additional G.O. bonding will be necessary to continue to develop the passenger rail system as identified in the plan; and

Whereas, in consultation with passenger rail project partners, a unified request for $27 million in G.O. bonds to the 2014 State Legislature for intercity passenger rail projects as identified in the State Rail Plan is recommended; and

Whereas, Minnesota Statues 16B.335 for bond-financed projects, it states that recipients must present the program and cost estimates for all elements necessary to complete the project to the Chair of the Senate Finance Committee and the Chair of the House Ways and Means committee before preparing the final plans for construction, and projects must prepare a pre-design package to the Commissioner of the Department of Administration for review and recommendation; and

Whereas, numerous transportation related projects are exempt from these requirements except for freight, commuter and passenger rail projects; and

Whereas, requiring passenger rail projects to be subject to additional review requirements is inconsistent with other exempted projects and consumes time and resources necessary to deliver the projects; and

Whereas, Governor Dayton has stated that the administration's focus for the 2014 session will be to develop and pass a better-government agenda making government simpler, better, faster and more effective, and exempting rail projects from MS 16B.335 requirements is consistent with the administration's objective.

Now, Therefore Be It Resolved, that the Intercity Passenger Rail Forum recommends to the Commissioner of Transportation, and the Dayton Administration that the following legislative policy and funding requests identified in Attachment A, (Passenger Rail Office – 2014 State Legislative Proposals) be included in the Department's legislative initiatives for the 2014 State Legislative session: the $27 million passenger rail general obligation bonding request, the gradual reallocation of railroad property tax to a state railroad fund, and passenger rail project's design review requirement exemption.

Adopted Unanimously

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 February 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 February 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 February 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 February 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.

Removed from the Agenda

 

Discussion was held in regard to the Springsted Classification and Compensation Study.

 

Commissioners reported on meetings they attended.

 

WOBBE - HALL

Motion to recess to a public meeting to be held Wednesday, January 22, at the Ponderosa Bar & Grill, Mazeppa, 7:00 p.m. to discuss road construction planned for Co Rd 90.

Adopted Unanimously

Video 1 of 1 (Direct)

 

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