Minutes November 24, 2015

 Wabasha County Board of Commissioners

Meeting of November 24, 2015 

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, November 24, 2015 at 9:00 a.m.

The meeting was called to order by Board Chairman Wobbe.

The following Commissioners were present: Goihl, Hall, Key, Springer, Wobbe

SPRINGER - KEY

Motion to approve the agenda.

Adopted Unanimously

Public Forum Comments: Elected Officials' Salaries

SPRINGER - HALL

Motion to approve the consent agenda including the following:

Minutes: November 17, 2015

Claims

Meal Vouchers

Resolution No.: 2015-270

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 2016 Furnish and Apply Traffic Paint CP 79-16-8210, Furnish and Apply Chloride CP 079-16-8220, and Crushed Rock CP 79-16-8200.

Resolution No.: 2015-271

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Wabasha County enter into Mn/DOT Agreement No. 1001864 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 No. 4 as a detour route during the contract construction to be performed upon, along and adjacent to Trunk Highway No. 42 from 0.27 miles south of County State Aid Highway No. 25 to 0.17 miles south of County State Aid highway No. 25 under State Project No. 7901-47 (T.H. 42=042).

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

Presentation by Anna Volfova from the Academic Exchange Program.

SPRINGER - GOIHL

Resolution No.: 2015-272

Whereas, the County Board approves Cost of Living Adjustments (COLA) for non-union employees, and

Whereas, a 2.5% increase was included in the 2016 budget and is the same that is being received by union employees, and

Now therefore be it resolved by the Wabasha County Board of Commissioners that the Non-Union pay grid be adjusted by a 2.5% COLA effective January 1, 2016.

Be it further resolved by the Wabasha County Board of Commissioners that:

• Highway seasonal workers' rate of pay will not be adjusted by the COLA increase and will be addressed by future resolution.

• Bailiffs will receive the same COLA increase as other non-union positions (position is not on the non-union grid)

• Any non-union employee being paid above the final step of their pay grid will receive only the amount equal to their final step.

• Part time dispatchers, deputy sheriffs and jailers will be paid at 50 cents below the starting wage of the union contract wage schedule as approved by Board resolution on December 17th, 2002

• Wages for Non-Union Court Services employees will be determined by the 3rd Judicial District Judge for Wabasha County

• The salaries and wages of non-union employees in the elected officials (ie: county attorney, county auditor/treasurer, county recorder, and county sheriff) offices are not included in this resolution. Those wages and salaries will be determined when the Board sets the budgets for those offices in December of 2015.

Adopted Unanimously

GOIHL - KEY

Resolution No.: 2015-273

Whereas, Minnesota Statutes 375.055 provides for the establishment of compensation for services rendered by County Commissioners in Minnesota; and

Whereas, Minnesota Statutes 375.055 provides that a change in County Commissioner's salary or per diems shall not be effective until January 1st of the next year; and

Whereas, Minnesota Statutes 375.055 provides that a change in County Commissioner's salary or per diems shall not change except in accordance with Minnesota Statutes 375.055; and

Now, Therefore, Be It Resolved that for the year of 2016 the salary and per diems for the Wabasha County Board of Commissioners be established at:

$17, 324.68 Annual Salary (plus $500 for the Board Chair)

$45.00 if less than 4 hours Per Diem Payments

$90.00 if over 4 hours

Be It Further Resolved, that publication of this action and resolution be printed in the official newspaper of the County as part of the proceedings of the meetings of the County Board, and in one other newspaper of the County, in a different municipality than the official newspaper.

Adopted Unanimously

GOIHL - SPRINGER

Resolution No: 2015-274

Whereas, Karrie Kelly is the Wabasha County Attorney, whose 2015 salary is $90,000; and

Whereas, the County Board has the duty and responsibility to set the salary of the County Attorney by resolution on an annual basis after consideration of responsibilities and duties of the office, and the county attorney's experience, qualifications, and performance;

Now, Therefore, the Wabasha County Board of Commissioners makes the following information part of the record:

1. The County Attorney has provided information regarding her salary proposal, her duties and responsibilities, experience, salary comparison data from certain counties, workload data for her office, comparison data of cases from 2014 and 2015, weighted case load statistics for certain counties and other information. All of the information provided by the County Attorney has been reviewed and considered by the Board and is part of the record in this matter, with the exception of legal advice or opinion(s) of the County Attorney regarding the salary-setting process.

2. The County Board has reviewed and considered the statutory duties of the County Attorney, a summary of those duties from the Minnesota County Attorneys Association, and met with Ms. Kelly on November 17, 2015 to review those duties and ask her about the primary functions of her office of prosecuting most gross misdemeanors and all felonies that occur in the county, and her role in handling cases involving juveniles, both child protection and delinquency matters. Ms. Kelly elaborated on the role of her office in child support enforcement, chemical and mental health commitments, guardianship/conservatorship cases, reviewing contracts and assisting with legal questions from the board and other county departments.

3. The County Board considered information regarding the case load, revenue and duties associated with the contracts with the Cities of Plainview and Lake City and the impact on the County Attorney and her office and asked her questions about those issues.

4. The Board considered that funds from law enforcement contracts with cities have been used to offset the salary and budget expenses of the Sheriff's office.

5. The County Board considered salary comparison data provided by County Administrator Michael Plante.

6. The County Board considered potential changes to child protection laws that may be enacted in 2016 and rules that may be adopted which may impact the workload in the County Attorney's office in the future.

7. The County Board considered various trainings and initiatives provided by the County Attorney's office, as described by Ms. Kelly and in her materials.

8. The Board considered Ms. Kelly's overall performance in office, including her success rate and the success rate of her office, initiatives and work with other departments and agencies.

9. Ms. Kelly has 25 years of experience as a prosecutor, 10 years in Iowa prosecuting felonies, 14 ½ years as an Assistant Wabasha County Attorney and one year as the Wabasha County Attorney. During the meeting on November 17, Ms. Kelly outlined the additional duties and responsibilities she has taken on since becoming an elected official, including contact with all of the other department heads, increased volume of e-mails, personnel and policy related issues and supervision of staff.

10. The County Board is aware of the advice and guidance that the County Attorney's office provides to it and the particular advice provided to it by Ms. Kelly.

11. The County Board considered Minnesota County Attorneys' Association 2015 Salary Survey.

12. In reviewing the salary comparisons, the County Board considered the county population, tax capacity, and years of experience both as a prosecutor and as county attorney of the comparators into account.

13. The County Board offered Ms. Kelly the opportunity to provide information in writing, and met with her to discuss all of the information from all sources, respond to its question and provide any additional information she wanted the Board to consider. The Board considered her responses to its questions and all other information available to it.

14. All of the data contained in the binder provided by Mr. Plante are incorporated into the record and have been reviewed and considered by the Board.

15. The County Board considered that Ms. Kelly has made a salary request of a 10% increase for 2016, which, if granted, would increase her salary from $90,000 to $99,000.

Now, Therefore based upon review and consideration of the duties and responsibilities of the position of Wabasha County Attorney; her experience, qualifications, and performance; the materials gathered and considered by the Board; and the discussions with the County Attorney, the Wabasha County Board of Commissioners resolves as follows:

1. The Wabasha County Attorney's salary for 2016 shall be increased from $90,000 to $92,000.00.

2. The Finance Office is authorized and directed to make the changes to the County Attorney's salary, effective January 1, 2016, consistent with his standard operating procedures for Wabasha County.

Nay: Key

Adopted

Commissioner Key made a motion to set the Auditor-Treasurer salary at $74,000. Motion failed for a lack of a second.

GOIHL - HALL

Resolution No.: 2015-275

Whereas, Denise Anderson is the Wabasha County Auditor/Treasurer, whose 2015 salary is $69,297.40; and

Whereas, the County Board has the duty and responsibility to set the salary of the County Auditor/Treasurer by resolution on an annual basis after consideration of responsibilities and duties of the office, and the County Auditor/Treasurer's experience, qualifications, and performance;

Now, Therefore, the Wabasha County Board of Commissioners makes following information part of the record:

1. County Auditor/Treasurer has provided information regarding the duties and responsibilities of her position and her office, her accomplishments for the past year, and an overview of her experience. All of the information provided by the County Auditor/Treasurer has been reviewed and considered by the Board and is part of the record in this matter.

2. The County Board has reviewed and considered the statutory duties of the County Auditor/Treasurer and the summary of duties, and met with Ms. Anderson on November 17, 2015 to review those duties and ask her about the primary functions of her office, which she stated are listed in statute. Ms. Anderson described her role as department head for the Auditor/Treasurer's Office which has four employees, Department Head for County Extension office which has one employee and for GIS which consists of one employee. She also highlighted some of the activities she and her office engaged in over the past year, such as attending certain meetings, filling in as clerk and administrator on certain occasions and developing procedures.

3. The County Board considered the information regarding the salaries of sixteen (16) other Auditor/Treasurers provided by Ms. Anderson. The Board considered that Ms. Anderson selected the comparator counties for the 2014 survey without the duties and responsibilities of those auditor/treasurers being reviewed. The Board has considered the information regarding Ms. Anderson's comparator counties provided by Mr. Plante which outlines the differences in the duties and responsibilities of the offices. The Board has also considered the comparison data provided by Mr. Plante.

4. The Board considered the performance of Ms. Anderson and her office, how she and her office interact with the Board and other Departments and the services that she and her office provide to the public. .

5. Ms. Anderson has worked in the Auditor/Treasurer's office for 20 years. She began as a payroll clerk in November 1995. Ms. Anderson became an Account Deputy Auditor in 1998, Chief Deputy in 1999 and Chief Deputy Supervisor in 2002. Ms. Anderson's first term began in January 2011.

6. Ms. Anderson stated at the Board meeting held on November 17, 2015 that there were no educational requirements for her position. She has obtained several certifications appropriate and helpful to her office, including a certification that she can manually calculate taxes.

7. The County Board offered Ms. Anderson the opportunity to provide information in writing, and met with

her to discuss all of the information from all sources, respond to its question and provide any additional

information she wanted the Board to consider. The Board considered her responses to its questions and all other information available to it.

8. All of the data contained in the binder provided by Mr. Plante are incorporated into the record and have

been reviewed and considered by the Board.

9. The Board did not consider granting Ms. Anderson a "step" or a "COLA" as might be suggested by the document submitted by Ms. Anderson outlining projected end of the year 2016 salaries for unelected employees. Those employees have different duties and responsibilities than the Auditor/Treasurer and the statute applicable to setting Ms. Anderson's salary does not apply to them.

10. The County Board considered that Ms. Anderson has made a request for a salary increase for 2016.

Now, Therefore, based upon review and consideration of the duties and responsibilities of the position of Wabasha County Auditor/Treasurer; her experience, qualifications, and performance; the materials gathered and considered by the Board; and the discussions with the County Auditor/Treasurer, the Wabasha County Board of Commissioners resolves as follows:

1. The Wabasha County Auditor/Treasurer's salary for 2016 shall be increased from $69,297.40 to $71,100.00.

2. The Finance Office is authorized and directed to make the changes to the County Auditor/Treasurer's salary, effective January 1, 2016, consistent with his standard operating procedures for Wabasha County.

Nay: Key

Adopted

GOIHL - SPRINGER

Resolution No.: 2015-276

Whereas, Jeffrey Aitkin is the Wabasha County Recorder, whose 2015 salary is $68,636; and

Whereas, the County Board has the duty and responsibility to set the salary of the County Recorder by resolution on an annual basis after consideration of responsibilities and duties of the office, and the county Recorder's experience, qualifications, and performance;

Now, Therefore, the Wabasha County Board of Commissioners makes following information part of the record:

1. The County Board has reviewed and considered the statutory duties of the County Recorder and the summary of duties, and met with Mr. Aitken on November 17, 2015 to discuss his office and duties. Mr. Aitken stated that the statutes reflected the duties of his office, which primarily consist of being chief custodian of land records. He is currently the Local Registrar and Title Examiner. Mr. Aitken stated that all requests by phone to the Recorder's Office are taken care of by the staff including title companies. His office has three employees. The Deputy Recorder takes care of all the end of the month finances and the two clerks do day to day business.

2. Mr. Aitken stated that the workload of the office had fallen several years ago but had rebounded and was close to the same level as 2006. He described work performed by his office in processing licenses and stated that he did not anticipate any changes for 2016.

3. Mr. Aitken provided a copy of a previously submitted summary of his experience and certifications. During the November 17, 2015 meeting, Mr. Aitken stated that that there were no educational requirements for his positon. He has obtained several certifications appropriate and helpful to his office. Mr. Aitken is serving his 6th term in office.

4. The County Board considered the comparison salary data provided by Michael Plante. Mr. Aitken did not provide any comparison data.

5. The Board considered the performance of Mr. Aitken, and how many of the duties and responsibilities of the office Mr. Aitken stated he has delegated to his staff. Mr. Aitken has not conducted any performance evaluations for any of his staff. .

6. Mr. Aitken asked that his salary be based upon a 40 hour workweek instead of a 37.5 hour workweek. The Board sets an annual salary for the Recorder, which is paid on a periodic basis. The Recorder does not have an hourly wage. Elected officials determine their own schedules.

7. The County Board offered Mr. Aitken the opportunity to provide information in writing, and met with him to discuss all of the information from all sources, respond to its question and provide any additional information he wanted the Board to consider. The Board considered his responses to its questions and all other information available to it.

8. All of the data contained in the binder provided by Mr. Plante are incorporated into the record and have

been reviewed and considered by the Board.

9. The County Board considered that Mr. Aitken has made a request for a salary increase of $1715.90 for 2016 in addition to the change in calculation from 37.5 to 40 hours. .

Now, Therefore, based upon review and consideration of the duties and responsibilities of the position of Wabasha County Recorder; his experience, qualifications, and performance; the materials gathered and considered by the Board; and the discussions with the County Recorder, the Wabasha County Board of Commissioners resolves as follows:

1. The Wabasha County Recorder's salary for 2016 shall be increased from $68,636 to $69,700.00.

2. The Finance Office is authorized and directed to make the changes to the County Recorder's salary, effective January 1, 2016, consistent with his standard operating procedures for Wabasha County.

Adopted Unanimously

GOIHL - KEY

Resolution No.: 2015-277

Whereas, Rodney Bartsh is the Wabasha County Sheriff, whose 2015 salary is $90,903.64; and

Whereas, the County Board has the duty and responsibility to set the salary of the County Sheriff by resolution on an annual basis after consideration of responsibilities and duties of the office, and the county Sheriff's experience, qualifications, and performance;

Now, Therefore, the Wabasha County Board of Commissioners makes following information part of the record:

1. The County Board has reviewed and considered the statutory duties of the County Sheriff and met with Sheriff Bartsh on November 17, 2015 to discuss his office and duties. In addition to the statutory duties, the Sheriff's office provides law enforcement services for the Cities of Elgin and Mazeppa.

2. Sheriff Bartsh has responsibility for approximately 60 employees in his office. His employees include deputies, jailers, dispatchers, clerks and administrative assistants.

3. Sheriff Bartsh is the most senior Sheriff in SE Minnesota, with 25 years experience in law enforcement. He is in his 4th term as Sheriff.

4. Sheriff Bartsh has associates degree in law enforcement and has a P.O.S.T. license, which is required to work as a peace officer.

5. The County Board considered the comparison salary data provided by Michael Plante. Sheriff Bartsh did not provide any comparison data.

6. The Board considered the performance of Sheriff Bartsh and his office, including how they have interacted with other departments.

7. The County Board offered Sheriff Bartsh the opportunity to provide information in writing, and met with him to discuss all of the information from all sources, respond to its question and provide any additional information he wanted the Board to consider. The Board considered his responses to its questions and all other information available to it.

8. All of the data contained in the binder provided by Mr. Plante are incorporated into the record and have

been reviewed and considered by the Board.

9. The County Board considered that Sheriff Bartsh has made a request for a salary increase of $2272.59 for 2016.

Now, Therefore, based upon review and consideration of the duties and responsibilities of the position of Wabasha County Sheriff; his experience, qualifications, and performance; the materials gathered and considered by the Board; and the discussions with the County Sheriff, the Wabasha County Board of Commissioners resolves as follows:

1. The Wabasha County Sheriff's salary for 2016 shall be increased from $90,903.64 to $93, 200.00.

2. The Finance Office is authorized and directed to make the changes to the County Sheriff's salary, effective January 1, 2016, consistent with his standard operating procedures for Wabasha County.

Adopted Unanimously

KEY - HALL

Resolution No.: 2015-278

Whereas, Wabasha County has identified needs for the County's Transportation System through its adopted 2016-2025 Road and Bridge Improvement Plan (Exhibit 1); and

Whereas, the County recognizes that State and other available funding to fully finance the listed projects in Exhibit 1 will be inadequate; and

Whereas; the 2013 Minnesota State Legislature provided the County with a transportation sales tax option to enable the County to raise revenues to address transportation needs; and

Whereas; the 2013 Minnesota State Legislature enabled counties the ability to adopt the local sales tax for transportation purposes by resolution after holding a public hearing; and

Whereas; the County has held a public hearing to discuss the implementation of the local transportation sales tax on October 27, 2015.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners hereby adopt, authorizes, and imposes a 0.5 percent transportation sales tax as provided under Minnesota Statute 297A.993 commencing on April 1, 2016 or the earliest financial quarter practical to be implemented by the State of Minnesota Department of Revenue; and

Be it Further Resolved that the proceeds of the transportation sales tax are dedicated to payment of the cost of any and all transportation projects within Exhibit 1.

Be it Further Resolved that the Wabasha County Board of Commissioners hereby requests the County Auditor/Treasurer to certify the imposition of the transportation sales tax to the State of Minnesota Department of Revenue for administration and collection of the tax on or before December 21, 2015.

Be it Further Resolved that the transportation sales tax will terminate within ten (10) years of today's date, or earlier if the revenues raised are sufficient to finance all of the projects identified in Exhibit 1, unless further action is taken by the County Board.

Adopted Unanimously

HALL - KEY

Motion to close the open meeting and open the Pending Union Grievance closed session.

Resolution No.: 2015-279

Whereas, M.S. §13.05, Subd. 3(b) permits closing a County Board meeting if such closure is permitted by attorney-client privilege;

Whereas, the County Board desires to consult with its attorney regarding a union matter that is pending;

Whereas, it is not possible to fully discuss strategy and the options available to the County in a public meeting; and,

Whereas, without such a meeting the County will have to make decisions without full benefit of consultation with counsel, and is concerned that, without full consultation, 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; and,

Whereas, County strategy may be impaired if every discussion is available for the benefit of the opposing parties; and

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

Now Therefore be it Resolved by the Wabasha County Board of Commissioners, a closed meeting of the County Board addressing the above-referenced concerns will be held with the County's counsel. No subject matter other than the foregoing shall be discussed at said meeting.

Adopted Unanimously

KEY - HALL

Motion to close the Union Grievance closed session and open regular Board meeting.

Adopted Unanimously

Commissioners reported on meetings they attended.

HALL - KEY

Motion to adjourn.

Adopted Unanimously

Agenda for this meeting

Video 1 of 3 (Direct)

Video 2 of 3 (Direct)

Video 3 of 3 (Direct)

 

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