Minutes September 6, 2016

 Wabasha County Board of Commissioners

Meeting of September 6, 2016


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, September 6, 2016 at 9:00 a.m.

The meeting was called to order by Board Chairman Hall.

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

KEY-WOBBE

Motion to approve the agenda

Adopted Unanimously

Staff Update – Denise Anderson – Parcel Value appointment

Public Comment – Andru Peters, Thank you to Wabasha County

SPRINGER-WOBBE

Motion to approve the consent agenda including the following:

Minutes: August 23, 2016

Claims

Meal Vouchers

Per Diems

Donations: Accept donations of $500 from Kellogg Fire Department and $500 from an Anonymous donor to be used toward the purchase of a new K-9

Resolution No.: 2016-201

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that,

the Wabasha County Board of Commissioners hereby approves the Bailiff job description on August 16th 2016 and this resolutions confirms that decree.

Resolution No.: 2016-202

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that,

the Wabasha County Board of Commissioners hereby approves the Employment Processing Policy Number:  102 on July 26th, 2016 and this resolutions confirms that decree.

Resolution Number 2016-203

Resolution Authorizing Disposal of a 2008 Lifepak 500 Automatic Electronic Defibrillator (AED) and authorization to purchase (4) Zoll AED Plus units

Whereas, a 2008 Lifepak 500 Automatic Electronic Defibrillator, fixed asset #010812; serial #32557700, is defective and is considered a surplus; and,

Whereas, the Wabasha County Sheriff’s Office is requesting that this unit be traded in toward the purchase of a new unit.

Whereas, the Wabasha County Sheriff’s Office is requesting to purchase (4) Zoll AED Plus units from vendor Lifeline in which the credit from the disposed unit above would be used toward the purchase of these new units; and,

Whereas, $5,000 of this purchase will be paid for with capital funds as approved in the 2016 budget and the remaining balance will be paid from the Sheriff’s Office line item budget (01-201).

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the Sheriff’s Office is authorized to trade in the above-named AED unit to be used toward the purchase of a new unit.

Now Therefore be it Further Resolved by the Wabasha County Board of Commissioners that: the Sheriff’s Office is authorized to purchase (4) Zoll AED Plus units from vendor Lifeline in which $5,000 will be paid from capital funds and the remaining balance will be paid from the Sheriff’s Office line items.

Adopted Unanimously

A/T: Public Hearing Gambling Ordinance

WOBBE-KEY

Resolution No.: 2016-204

Whereas, the County Board of Commissioners of the County of Wabasha, State of Minnesota, desires to offer for sale to the public, parcel of land that has forfeited to the State of Minnesota for non-payment of property taxes as listed on attached Tax Forfeited Land List 2015c; 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 2016.

Adopted Unanimously

SPRINGER-GOIHL

Resolution No.: 2016-205

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

Whereas, the Wabasha County Board of Commissioners desires to sell the parcel 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 2016 be classified as non-conservation land; that the basic sale price of each parcel on the Tax Forfeited Land List 2016 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., Tuesday, October 11, 2016 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.

Now Be it Ruther Resolved, that the Wabasha County Auditor/Treasurer will have an Open House on Monday, October 10, 2016, 9 am – 10 am at the property address of 327 Walnut St NE, Mazeppa for interested buyers to view the inside of the property.

Adopted Unanimously

Highway: Public Meeting ADA Transition Plan

SPRINGER-KEY

Resolution No.: 2016-206

Whereas, Wabasha County must comply with the Americans with Disabilities Act (ADA) Act as it specifically applies to public service agencies including the requirement of the development of a Transition Plan including facilities within public rights of way.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, the attached “Wabasha County Highway Department Americans with Disabilities Act Transition Plan” is hereby approved.

Adopted Unanimously

Highway: Public Meeting County Highway 3

SPRINGER-WOBBE

Resolution No.: 2016-207

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Wabasha County enter into Mn/DOT Agreement No. 1026186 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. 1 as a detour route during the contract construction to be performed upon, along and adjacent to Trunk Highway No. 52 from 1.90 miles south of County State Aid Highway No. 24 (Cannon Falls) to 0.89 miles north of County State Aid Highway No. 14 (Rochester) under State Project No. 2506-75 (T.H. 52=020).

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.: 2016-208

Whereas, the Wabasha County Board of Commissioners resolved to adopt the “Wabasha County Sidewalk Ordinance” on April 8, 1992 and May 19, 1992, and

Whereas, the required publication of enactment was either not performed or not filed as required with the enacted Ordinance.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that, all previous resolutions adopted by the Wabasha County Board of Commissioners regarding enactment of the “Wabasha County Sidewalk Ordinance” are hereby rescinded.  

Adopted Unanimously

SPRINGER-GOIHL

Resolution No.: 2016-209

Maintenance Agreements with Cities for 2017 (Option A)

Whereas, Wabasha County is obligated to maintain County State Aid Highways within cities throughout the County, and

Whereas, it is more expedient for the citizens of the listed cities to have those cities perform the maintenance activities of snow and ice control and removal, and sweeping and removal of debris. 

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, the County of Wabasha enter into the attached agreements for the maintenance activities described above with the City of Elgin, Kellogg, Mazeppa, Millville, Plainview and Wabasha, and authorizes the Chair of the Board and County Administrator to execute the Agreements.  The table below is a summary of the mileages and payment amounts of the agreements. 

City Road Termini

Snow/Ice

Removal Method

Length (Miles)

Annual

Payment Rate ($/Mile)

Amount
Elgin CSAH 50 (Main Street) Center Ave - TH 42 Plowing/Hauling .21 5478 1150.38
4th Ave SW - Center Ave Plowing .29 2191 635.39
Kellogg CSAH 18 (Belvidere St) TH 61 - Watopa St Plowing .33 2191 723.03
CSAH 18 (Belvidere/Dodge St) Watopa St - Austin Ave Plowing/Hauling .20 5478 1095.60
CSAH 18 (Dodge St)

Austin Ave - CR 84

Plowing .25 2191 547.75
Mazeppa CSAH 1 (1st Street) Th 60 - Chestnut St Hauling only .37 3287 1216.19
CSAH 54 (Chestnut St) 1st St - TH 60 Plowing .70 2191 1533.70
Millville CSAH 55 (Division St) Bridge St - Bench St Plowing/Hauling .14 5478 766.92
Plainview CSAH 56 (3rd St SW) TH 42 - 2nd Ave SW Plowing .32 2191 701.12
CSAH 56 (3rd ST SW) 2nd AVe SW - Broadway Plowing/Hauling .14 5478 766.92
CSAH 57 (9th and 10 St SW) TH 42 - W Broadway Plowing .49 2191 1073.59
Wabasha CSAH 58 (2nd St) Hiawatha Dr - Pembroke Ave Plowing .45 2191 985.95
CSAH 58 (Main and Bridge St) Pembroke Ave - Grant Blve Plowing/Hauling .43 5478 2355.54
CSAH 59 (Grant Blvd) Bridge St - TH 61 Plowing 1.54 2191 3374.14
CSAH 64 (Gambia) Hiawatha Dr - Grant Blvd Plowing .37 2191 810.67
CSAH 65 (Pembroke) Grant Blvd - Main St Plowing/Hauling .23 5478 1259.94
6.46 Total= $18,996.83

Adopted Unanimously

SPRINGER-KEY

Resolution No.: 2016-210

Whereas, each county in the state is required to have a county assessor who is appointed by the county board of commissioners based on his or her knowledge and training in the field of property assessment and taxation; and

Whereas, Minnesota Statute 273.061 declares that the term of office for a County Assessor shall begin on January 1 and a completed appointment form must be completed and returned to the Department of Revenue before January 1, 2017 for the position to be reappointed and approved by the Commissioner of Revenue; and

Whereas, on May 26, 2015 Penny Schmit was appointed to fill the term of the prior Wabasha County Assessor.  The term is scheduled to end on December 31, 2016;

Whereas; Pursuant to Minnesota Statutes if a county does not intend to reappoint an assessor it must provide 90 days notice.  If no action is taken the assessor is considered to automatically be reappointed; and

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that they appoint Penny Schmit to a four (4) year term that will begin on January 1, 2017.

Be it Further Resolved that the position is converted to a 40 hour per week position and that any paperwork that needs to be submitted to a State agency is completed by Ms. Schmit in a timely manner.

Adopted Unanimously

GOIHL-WOBBE

Resolution No.:  2016-211

Resolution to Certify the 2017 Southeastern Minnesota Multi-County Housing Redevelopment    Proposed Property Tax Levy

Whereas, the Southeastern Minnesota Multi-County Housing and Redevelopment Authority was created by action of the Boards of Commissioners of Dodge, Goodhue, Wabasha and Winona Counties pursuant to Minnesota Statutes, Section 469.004; and

Whereas, Minnesota Statute Section 469.033, subs. 6, permits the Authority to levy and collect a special benefits tax not to exceed 0.0185 percent of taxable market value; and

Whereas, the Wabasha County Board of Commissioners has considered the Authority’s request to approve a special benefit tax to be levied upon all taxable market value of taxable property within the Authority’s area of operation within Wabasha County.

Now, Therefore, be it Resolved by the Wabasha County Board of Commissioners instructs the County Auditor-Treasurer to certify a 2017 proposed special benefit property tax levy in the amount of $59,320 for Southeastern Minnesota Multi-County Housing Redevelopment to the Minnesota Department of Revenue.

Adopted Unanimously

GOIHL-KEY

Resolution No.: 2016-212

Resolution approving the 2017 Southeastern Minnesota Multi-County Housing Redevelopment Special Benefit Tax Levy – City of Wabasha Housing Development

Whereas, The Wabasha County Board of Commissioners approved a Special Benefit Tax agreement dated July 1, 2005 with Southeastern Minnesota Multi-County Housing and Redevelopment Authority for the purpose of paying, in part the debt service on the  Authority’s Tax Increment Revenue notes, Series 2005; and

Whereas, pursuant to this agreement,  the Wabasha County Board of Commissioners does hereby certify the proposed special benefit property tax levy in the amount of $50,000.00 for the Southeastern Minnesota Multi-County Housing Redevelopment Authority, a Special Taxing district.

Now, Therefore, be it Resolved by the Wabasha County Board of Commissioners instructs the County Auditor-Treasurer to certify the above 2017 proposed special benefit property tax levy for Southeastern Minnesota Multi-County Housing Redevelopment Authority to the Minnesota Department of Revenue.

Adopted Unanimously

GOIHL-HALL

Resolution Number: 2016-213

Zahbulls Holsteins, LLC Conditional Use Permit

Whereas, Zahbulls Holsteins, LLC submitted a Conditional Use Permit for a new feedlot on parcel R14.00192.00 located in Section 27, Township 108 North, Range 11 West, Town of Plainview; and

Whereas, The Wabasha County Planning Commission conducted a public hearing on August 22, 2016  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 Board of Commissioners that the request be approved with four conditions.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Zahbulls Holsteins, LLC with the conditions as follows:

1.       The number of animal units on the respective parcel shall be limited to 875.

2.       The owners shall maintain compliance with the MPCA regulations that pertain to feedlots.

3.       The construction of any new building or manure storage structure shall adhere to the setback requirements established in the Wabasha County Feedlot Ordinance or the Wabasha County Zoning Ordinance unless a variance is granted for any setback established in either ordinance.

Passed 3-2

GOIHL-KEY

Resolution No: 2016-214

Resolution Authorizing AIS Server and Voice Processor Module Voice Logging Equipment Transfer of Ownership to the Southeastern Minnesota Regional Emergency Communications Board

Whereas, on July 7, 2015, Resolution #2015-140 was passed in which the Southeastern Minnesota Regional Emergency Communication Board Joint Powers Agreement and Joint Voice Logging Equipment Committee Memorandum of Understanding was approved by the County Board. 

Whereas, Wabasha County, as Joint Owner, requests the transfer of title to and possession of the Archiving Information Server (AIS Server); Model: HPSW4600; Serial No. V2UA9400D34 and Voice Processor Module (AIS VPM); Model: B1933A; Serial No. 443CKT1177 voice logging equipment to the Southeast Minnesota Regional Emergency Communications Board, Recipient as indicated in the attached Voicelogging Equipment Transfer of Ownership Verification form. 

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: Wabasha County, as Joint Owner, on behalf of its Sheriff’s Office, is authorized to transfer title to and possession of the Archiving Information Server (AIS Server) and Voice Processor Module (AIS VPM) voice logging equipment to the Southeast Minnesota Regional Emergency Communications Board.

Be it further Resolved by the Wabasha County Board of Commissioners that: the Sheriff is authorized to sign the Voicelogging Equipment Transfer of Ownership Verification form. 

Passed 4-0 Springer Absent

KEY-GOIHL

Resolution No: 2016-215

Resolution to accept and sign a second amendment to the agreement for the provision

of Inmate Health Services with Advanced Correctional Healthcare

Whereas, Resolution #2010-101 was originally approved on May 18, 2010 in which a contract was approved and signed between the Wabasha County Sheriff’s Office and Advanced Correctional Healthcare services for the Jail; and,

Whereas, the Wabasha County Sheriff’s Office is requesting authorization to accept and sign a second amendment to the agreement for the provision of Inmate Health Services with Advanced Correctional Healthcare for the Jail; and

Whereas, this amendment to the agreement needs to be approved and signed by the Sheriff and County Administrator;

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the Wabasha County Sheriff’s Office is authorized to accept the second amendment to the agreement for the provision of Inmate Health Services with Advanced Correctional Healthcare and authorizes it’s signing by the Sheriff and County Administrator.

Passed 4-0 Springer Absent

WOBBE-GOIHL

Resolution No. 2016-216

Resolution Approving State Of Minnesota Joint Power Agreement And Court Data Services Subscriber Amendment To Cjdn Subscriber Agreement With The County Of Wabasha On Behalf Of Its County Attorney And Sheriff – Swift Contract #111369

Whereas, the County of Wabasha on behalf of its County Attorney and Sheriff desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the County is eligible.  The Joint Powers Agreement further provide the County with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the County to pay the costs for the network connection.

Now, Therefore, Be It Resolved by the County Board of Wabasha, Minnesota as follows:

1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of Wabasha on behalf of its County Attorney and Sheriff are hereby approved.  Copies of the Joint Powers Agreement and Court Data Services Subscriber Amendment to CJDN Subscriber Agreement are attached to this Resolution and made a part of it.  Both agreements are assigned as SWIFT Contract #111369.  The Court Data Services Subscriber Amendment to CJDN Subscriber Agreement is an amendment to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies that was originally approved by Resolution #2015-233, by the Wabasha County Board of Commissioners, on October 6, 2015. 

2. That the PSAP/TAC Supervisor, Blaine John Hentz, or his or her successor, is designated the Authorized Representative for the Sheriff.  The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State.

To assist the Authorized Representative with the administration of the agreement, PSAP/TAC Supervisor Blaine John Hentz is appointed as the Authorized Representative’s designee.

3. That the Wabasha County Attorney, Karen Sierp Kelly, or his or her successor, is designated the Authorized Representative for the County Attorney.  The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State.

To assist the Authorized Representative with the administration of the agreement, Wabasha County Attorney Karen Sierp Kelly is appointed as the Authorized Representative’s designee.

4.  That Richard Harold Hall, the Chair of the County of Wabasha, and Michael Pasquinel Plante, the Wabasha County Board Administrator, are authorized to sign the State of Minnesota Joint Powers Agreement and Court Data Services Subscriber Amendment to CJDN Subscriber Agreement.

Passed 4-0 Springer Absent

WOBBE-KEY

Motion to Recess to AMC Fall Policy Conference Alexandria, MN 56308 September 14-16

Passed 4-0 Springer Absent

Agenda for this meeting

Video 1 of 1 (Direct)

 

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