Minutes January 28, 2014

Wabasha County Board of Commissioners

Meeting of January 28, 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 28, 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 - HALL

Motion to approve the agenda after moving Commissioner Reports and Board Concerns ahead of the Closed Session.

Adopted Unanimously

SPRINGER – HALL

Motion to approve the consent agenda including the following:

Claims

Meal Vouchers

Per Diems

SSIS Claims

Minutes:  January 21, 2014

Adopted Unanimously

SPRINGER - HARMS

Resolution No.: 2014-039

Whereas, on October 21, 2013 the Wabasha County Auditor's Office received a written complaint pursuant to Minnesota Statute 163.16 which was signed by more than five land owners within Lake Township; and

Whereas, the written complaint was deemed valid in form and required the Wabasha County Board of Commissioners to hold a hearing on said issue and proper note was provided to all parties and the County; and

Whereas, the written complaint alleges that town road T-613 has not been opened and constructed or is not properly maintained, and because of such neglect is not reasonably passable; and

Whereas, a hearing on the issue was held on December 17, 2013 where testimony from the complainants, the Township, and other relevant parties was provided; and

Whereas, the Wabasha County Board of Commissioners left the record open for the submission of additional documents until January 17, 2013 to supplement the record; and

Whereas, Minnesota Case Law has instructed that a town board should take the following into consideration when making its decision: the cost of maintenance, the number of dwellings abutting the roadways, the condition of the road, and the degree of hardship suffered by the landowners because of the alleged failure to open or maintain the roads; and

Now Therefore Be It Resolved, that the Wabasha County Board of Commissioners make the following findings:

The Cost of Maintenance

1. The information that was presented by Lake Townships shows the following expenditures:

a. 10/24/13 - Blade Roads, 300th Avenue, 720th St, Handshaw Coulee, Route 66, 690th St., 302nd Ave, Miller Creek Court - $675.00

b. 5/11/13 – Blade Roads, Handshaw Coulee, 712th St., 720th St, 714th St, 400th Ave, 302nd Ave, 310th Ave, 690th St - $810.00

c. 7/31/13 – Brushing, 720th St, Wholers Hill - $1,080.00

d. 9/4/13 – Spread Rock, 302nd Ave, 720th St – 225.00

e. 10/8/13 – Blade Roads, 310th Ave, Route 66, 720th St, 300th Ave 714th St, 275th Ave - $855.00

f. 9/5/13 – Payment for 36 yards of crushed rock being spread on "Haneca's Road"

g. Other bills were submitted by the Township but the township road referenced was not specifically identified.

2. Testimony was provided by John Brinkman that the township has made a fair number of improvements to the road and that it receives the same level of service as other roads in the township.

3. Mr. Brinkman testified that the road has been a major expense for the township and that additional modifications would be costly to the Township

Number of Dwellings Abutting the Roadway

1. Testimony presented by David Balow indicate that there are two properties serviced by the road

2. Mr. Balow stated that the majority of the road's use is by one landowner

3. Testimony from Mr. Brinkman indicated that the road services two residences, with one residence utilizing the road the most

The Condition of the Road

1. Testimony presented by David Balow stating that he does not believe that the township has not properly maintained the road, specifically that there is a fence that is located within the right of way and that there are grading and drainage issues

2. In the Exhibit submitted by Mr. Balow he indicates that the road has not properly been brush cut, plowed, and that there are drainage and tree issues along the road.

3. Testimony from Mr. Brinkman that he believes that the township has made a fair number of improvements to the road.

4. Mr. Brinkman also testified that that the township has classified the road as a minimum maintenance road and that that the road receives the same level of service as other roads in the township

5. Testimony from County Engineer Dietrich Flesch was that when he observed and traveled the road it was his opinion that the surface was appropriate for vehicle travel based on the classification of the road

6. Flesch also testified that addition brush work might need to be done in the future but that in his opinion the road was passable.

The Degree of Hardship Suffered By the Adjoining Landowners

1. Testimony was presented that there are two residences on the road, with one of the residences utilizing the road the majority of the time

2. Testimony was presented that the township portion of the road was for the first .5 miles and that the remainder of the road was a private in nature

3. Testimony was presented by Mr. Balow that due to the lack of maintenance that it has caused travel difficulties on the road

Other Factors Considered

1. All documents and exhibits provided to the County by the January 17, 2014 deadline.

2. Individual Commissioner examination of the road in question

Be It Further Resolved, that based on the findings of fact that the Wabasha County Board rejects the complaint and does not find Lake Township in violation of M.S. 163.16 in regard to impassable roads.

Nay:  Wobbe, Hall

Adopted

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.

Died for Lack of Motion

WOBBE - HALL

Resolution No. 2014-040

Whereas, the MN Department of Human Services (DHS) is interested in entering into an agreement with Wabasha County for the purpose of having a permanent reception center site at the Wabasha-Kellogg School to be used for possible decontamination efforts in the event an incident occurs at the Prairie Island Nuclear Power Plant in Red Wing, MN; and

Whereas, the Agreement provides that DHS will provide training to the responders, HSEM will provide funding for training and equipment for the responders, and Wabasha County will administer the funding and aid the city in responding once it is notified that an incident has occurred at the Prairie Island Nuclear Power Plant and the City will provide the place for a reception center and the responders to staff it.

Now, Therefore, Be It Resolved that the Wabasha County Board of Commissioners approves and executes the Letter of Agreement with the Minnesota Department of Human Services.

Adopted Unanimously

SPRINGER - WOBBE

Resolution No.:  2014-041

Whereas, the Wabasha County Highway Department proposes to acquire land along the existing right of way of County Aid Highway 90 for the purpose of improving this road under S.A.P. 079-596-009; and

Whereas, S.A.P. 079-596-009 is necessary in order to improve this segment of County State Highway 90 to provide for public health, welfare, safety and convenience; and

Whereas, the lands necessary to be acquired for S.A.P. 079-596-009 are described as follows:

1.That part of Lot 3, Block 1 of VIK'S SUBDIVISION, Wabasha County, Minnesota, described as follows:

Commencing at the Northwest corner of said Lot 3; thence on a bearing of S89º23'05"E, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the north line of said Lot 3, a distance of 100.59 feet to the point of  beginning of the land to be described; thence S0º36'55"W, a distance of 17.00 feet; thence S89º23'05"E, a distance of 50.00 feet; thence N0º36'55"E, a distance of 17.00 feet to the north line of said Lot 3; thence N89º23'05"W, along the north line of said Lot 3, a distance of 50.00 feet to the point of beginning.

Said parcel contains 0.02 acres, more or less.

2. That part of Lot 1, Block 1 of VIK'S SUBDIVISION, Wabasha County, Minnesota, described as follows:

Commencing at the Northwest corner of said Lot 1; thence on a bearing of S89º23'05"E, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the north line of said Lot 1, a distance of 32.60 feet to the point of  beginning of the land to be described; thence S0º36'55"W, a distance of 12.00 feet; thence S89º23'05"E, a distance of 75.00 feet; thence N0º36'55"E, a distance of 12.00 feet to the north line of said Lot 1; thence N89º23'05"W, along the north line of said Lot 1, a distance of 75.00 feet to the point of beginning.

Said parcel contains 0.02 acres, more or less.

3. That part of the Northeast Quarter of Section 33, Township 109 North, Range 14 West, Wabasha County, Minnesota, described as follows:

Beginning at the Northeast corner of said Section 33; thence on a bearing of N89º37'17"W, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the north line of the Northeast Quarter of said Section 33, a distance of 1266.15 feet; thence S0º35'23"E, a distance of 80.01 feet; thence S89º37'17"E, a distance of 298.52 feet; thence N80º56'48"E, a distance of 152.56 feet; thence S89º37'17"E, a distance of 349.50 feet; thence N00º34'56"E, a distance of 22.00 feet; thence S89º37'17"E, a distance of 467.16 feet to the east line of the Northeast Quarter of said Section 33; thence N01º17'12"W, along said east line, a distance of 33.02 feet the point of beginning.

Said parcel contains 1.58 acres, more or less, of which approximately 0.96 acres is existing right of way previously acquired by written instrument or by prescription and approximately 0.62 acres is new highway right of way.

4. That part of the Southeast Quarter of Section 28, Township 109 North, Range 14 West, Wabasha County, Minnesota, described as follows:

Beginning at the Southeast corner of said Section 28; thence on a bearing of N89º37'17"W, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the south line of the Southeast Quarter of said Section 28, a distance of 1266.14 feet; thence N0º38'46"W, a distance of 100.02 feet; thence S89º37'17"E, a distance of 351.66 feet; thence S64º32'02"E, a distance of 82.55 feet; thence S89º37'17"E, a distance of 275.00 feet; thence S67º54'47"E, a distance of 54.07 feet; thence S89º37'17"E, a distance of 515.79 feet to the east line of the Southeast Quarter of said Section 28; thence S00º15'03"E, along said east line, a distance of 45.00 feet to the point of beginning.

Said parcel contains 2.05 acres, more or less, of which approximately 0.97 acres is existing right of way previously acquired by written instrument or by prescription and approximately 1.08 acres is new highway right of way.

5. That part of the Southwest Quarter of Section 27, Township 109 North, Range 14 West, Wabasha County, Minnesota, described as follows:

Beginning at the Southwest corner of said Section 27; thence on a bearing of S89º23'05"E, oriented with the Wabasha County Coordinate System, NAD83, 1996 adjustment (HARN), along the south line of the Southwest Quarter of said Section 27, a distance of 2342.26 feet to the West line of the East 300.00 feet of the Southwest Quarter of said Section 27; thence N00º13'39"W, along said West line, a distance of 33.00 feet; thence N89º23'05"W, a distance of 208.08 feet; thence N85º03'50"W, a distance of 225.64 feet; thence N89º23'05"W, a distance of 50.00 feet; thence S79º18'19"W, a distance 25.50 feet; thence N89º23'05"W, a distance of 975.00 feet; thence N67º35'00"W, a distance of 53.85 feet; thence N89º23'05"W, a distance of 50.00 feet; thence S68º48'50"W, a distance of 53.85 feet; thence N89º23'05"W, a distance of 575.00 feet; thence N67º35'00"W, a distance of 53.85 feet; thence N89º23'05"W, a distance of 25.00 feet; thence S68º48'50"W, a distance of 53.85 feet; thence N89º23'05"W, a distance of 9.37 feet to the west line of the Southwest Quarter of said Section 27;  thence S00º15'03"E, along said west line, a distance of 45.00 feet to the point of beginning.

Except the following described property:

That part of the Southwest Quarter of Section 27, Township 109 North, Range 14 West, Wabasha County, Minnesota, described as follows:

Commencing at the southeast corner of said Southwest Quarter; thence on an assumed bearing of West, along the south line of said Southwest Quarter, a distance of 333.44 feet to the point of beginning of the land to be described; thence on a bearing of North, a distance of 63.00 feet; thence on a bearing of West, a distance of 30.00 feet; thence on a bearing of South, a distance of 63.00 feet to the south line of said Southwest Quarter; thence on a bearing of East, a distance of 30.00 feet to the point of beginning.

Said parcel contains 2.41 acres, more or less, of which approximately 1.75 acres is existing right of way previously acquired by written instrument or by prescription and approximately 0.66 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

 

Discussion on Wheelage, Sales and Excise Tax.

 

WOBBE - HALL

Resolution No. 2014-042

Whereas, over the past two years Commissioner Roschen has lodged complaints against Wabasha County Attorney's Office employees; and

Whereas, to this date each of those complaints were reviewed by the appropriate agency and were dismissed; and

Whereas, on January 21, 2014, the Wabasha County Attorney's Office received another notification that an ethics complaint had been filed by Commissioner Roschen against the County Attorney's Office; and

Whereas, Pursuant to past precedent, and based on the Interim County Administrator Contract, the County is obligated to provide representation for professional liability claims that are filed against Mr. Plante

Now Therefore Be it Resolved by the Wabasha County Board that County enter into the retainer agreement (Exhibit 1) with Ruvelson & Kautzer, Ltd. to represent Mr. Plante as it relates to the above referenced ethics complaint.

Nay:  Harms

Abstain:  Roschen

Adopted

 

Commissioners reported on meetings they attended.

Board Concerns

 

HALL – SPRINGER

Motion to close the regular Board meeting.

Adopted Unanimously

WOBBE – HALL

Motion to open Labor Negotiations closed session.

Resolution No.: 2014-043

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 closed meeting of the County Board addressing the labor negotiation strategy will be held with the County Attorney and other County staff. No subject matter other than the foregoing shall be discussed at said meeting.

Adopted Unanimously

WOBBE – HALL

Motion to close the Labor Negotiations closed session.

Adopted Unanimously

HARMS – HALL

Motion to re-open the regular Board meeting.

 

WOBBE - HALL

Motion to adjourn.

Adopted Unanimously

Agenda for this meeting

Video 1 of 2 (Direct)

Video 2 of 2 (Direct)

 

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