REDWOOD COUNTY, MINNESOTA SEPTEMBER 4, 2012

Transcription

1 REDWOOD COUNTY, MINNESOTA SEPTEMBER 4, 2012 The Board of County Commissioners met in regular session at 8:30 a.m. in the Commissioners Room in the Government Center, Redwood Falls, Minnesota. Present for all or portions of the meeting were Commissioners Lon Walling, Priscilla Klabunde, Al Kokesch, and John Schueller, and Sharon Hollatz; Administrator Vicki Knobloch; County Attorney Steven Collins; Auditor/Treasurer Jean Price; Ditch Viewers Duane Bendixen, William Moldestad, & James Wiedemann; Tobacco Health Educator Ann Christensen; Southwest Health & Human Services Director Chris Sorenson; American Lung Association Representative Erin Simmons; Public Health Director Genie Simon; Start Noticing Coordinator Susan Vileta; Land Use & Zoning Supervisor Nick Brozek; Highway Engineer Willy Rabenberg Chair Walling called the meeting to order asking for the Pledge of Allegiance to the Flag. On motion by Hollatz, second by Kokesch, the Board voted unanimously to approve the revised agenda. Chair Walling asked the Board members to identify any areas for which they had a Conflict of Interest. There were none. CONSENT AGENDA On motion by Schueller, second by Klabunde the Board voted unanimously to approve the following: o August 21, 2012 Board Minutes o Payment of bills as follows: Revenue Fund $ 74, Building Fund $ 0.00 Ditch Maintenance Fund $ 17, Solid Waste Fund $ 6, CLOSED SESSION-PERSONNEL At 8:34 a.m., on motion by Hollatz, second by Schueller, the Board voted unanimously to enter into closed session for the purpose of discussing personnel. Present were Knobloch, Commissioners Walling, Klabunde, Kokesch, Schueller, and Hollatz. Closed session ended at 8:38 a.m. On motion by Kokesch, second by Hollatz the Board voted unanimously to terminate Human Services Support Enforcement Aide Debra Zilka based on a Notice of Termination, effective August 30, PRELIMINARY TAX LEVY Price and Knobloch presented the 2013 Preliminary Tax Levy for approval. Schueller motioned and Hollatz seconded to increase the 2013 levy and one-half (1/2) percent increase over 2012 with Kokesch, Walling and Klabunde voting nay. The motion failed. On motion by Kokesch, second by Klabunde in a four to one vote with Schueller voting nay, the Board voted to set the Redwood County 2013 Preliminary Certified Tax Levy at $10,873,627 ($10,779,189 without Regional Library), with the adjusted tax levy for 2012 being set at $10,584,934 ($10,490,496 without Regional Library), after deducting County Aid and Public

2 Page 2 of 5 REDWOOD COUNTY, MINNESOTA SEPTEMBER 4, 2012 Employees Retirement Association Aid, representing a 0% increase from the 2012 Certified Levy. The County Aid decreased by $116,303 from Price and Knobloch requested setting the Truth in Taxation Hearing. On motion by Kokesch, second by Klabunde, the Board voted unanimously to set the hearing for Thursday, November 29, 2012 at 6:00 p.m. RECESS The Board recessed at 9:00 a.m., and entered into Drainage Authority. PUBLIC HEARING COUNTY DITCH #47 REDETERMINATION OF BENEFITS On motion by Schueller, second by Hollatz the Board voted unanimously to enter into Drainage Authority at 9:03 a.m. with Walling as Chair. Knobloch presented the Affidavit of Publication. On motion by Schueller, second by Kokesch, the Board voted unanimously to approve the Viewer s Report for County Ditch #47 Redetermination of Benefits. On motion by Klabunde, second by Hollatz, the Board voted unanimously to draw up the order and authorize the Board Chair and Auditor/Treasurer s signature. Chair Walling closed the Public Hearing at 9:15 a.m. RECONVENED The Board reconvened in regular session. ADMINISTRATOR On motion by Schueller, second by Kokesch, the Board voted unanimously to approve the Snowmobile Maintenance Grant Agreement with the Department of Natural Resources in the amount of $93, Personnel Items On motion by Kokesch, second by Klabunde, the Board voted unanimously to accept the resignation of full-time Payroll/Benefits Clerk Deb Jansen, effective September 14, ENVIRONMENTAL Brozek presented an update of the August 27, 2012 Redwood County Planning Commission. A Land Use/Zoning Permit Application # by Dalton Anderson, the father of Steven Anderson to build a pole building shop on an existing cement slab to replace a building that was destroyed in a storm on the following described property, situated in the County of Redwood, State of Minnesota, to wit: TR IN SW ¼ of NW ¼ COM AT N OF SW COR of NW ¼, TH N 500, E 435.7, S 500, W TO POB, 5A., Sec. 21, T-113-N, R-36-W, Delhi Township. The Site is located in an A Agricultural District; A Conditional Use Permit, #10-12 by Steven Anderson to operate his farm machinery and vehicle repair business in the aforementioned shop located on the above described real estate. On motion by Hollatz, second by Klabunde, the Board voted unanimously to approve CUP #10-12 of Steven Anderson with fourteen (14) conditions as set forth by the Planning Commission. PUBLIC HEARING DITCH LEVIES At 10:00 a.m., the Board entered into a Public Hearing for the 2013 Ditch Maintenance Levies. The Affidavit of Publication was presented. Price presented the Ditch Maintenance Levies. On motion by Hollatz, second by Schueller, the Board voted to set the levies as presented. Chair Walling closed the Public Hearing at 10:01 a.m.

3 Page 3 of 5 REDWOOD COUNTY, MINNESOTA SEPTEMBER 4, 2012 PUBLIC HEARING REDWOOD COUNTY SMOKE-FREE LICENSED DAYCARE & FOSTER CARE PROVIDER ORDINANCE At 10:31 a.m., the Board entered into a Public Hearing for the Redwood County Smoke-Free Licensed Daycare & Foster Care Provider Ordinance. On motion by Kokesch, second by Klabunde, and in a roll call vote with Hollatz, Schueller, Klabunde, Walling, and Kokesch voting aye, the following Resolution and Ordinance was adopted: REDWOOD COUNTY SMOKE FREE LICENSED DAYCARE AND FOSTER CARE PROVIDERS A RESOLUTION OF THE REDWOOD COUNTY BOARD OF COMMISSIONERS WHEREAS, the public was given notice required by Minnesota law of the subject, time, and place of today's meeting, at which the attached Redwood County Smoke-free Licensed Daycare and Foster Care Providers identified as Exhibit A was discussed publicly; and WHEREAS, adequate public notice of the Redwood County Smoke-free Licensed Daycare and Foster Care Providers Ordinance meeting was specifically given by general publication in the Redwood Gazette; and WHEREAS, the Redwood County Board of Commissioners met in regular session this fourth day of September, 2012, wherein it has been deliberated and agreed that Exhibit A should be enacted, within the jurisdiction of Redwood County, Minnesota; and THEREFORE, LET IT BE RESOLVED, that the County of Redwood, Minnesota, hereby passes this resolution enacting Exhibit A within Redwood County; and LET IT BE FURTHER RESOLVED that Exhibit A shall become effective November 1, County of Redwood Redwood Falls, Minnesota Ordinance for: Licensed Day Care and Foster Care Providers ORDINANCE SUMMARY Section 1: Purpose, Applicability and Authority Section 2: Definitions Section 3: Rules Section 4: Enforcement Section 1: PURPOSE, APPLICABILITY AND AUTHORITY 1.1 Purpose (1) Protect the public health, welfare and safety by better ensuring the ability of Redwood County residents, specifically children, to breathe safe and uncontaminated air; (2) Affirm that the right to breathe smoke-free air has priority over the desire to smoke; and (3) Protect vulnerable populations, specifically children, from secondhand tobacco smoke as it is a known cause of: Sudden Infant Death Syndrome, potentially fatal respiratory tract infections, such as bronchitis and pneumonia, respiratory symptoms, including cough, phlegm, wheezing, and breathlessness, frequent and severe asthma attacks, and middle ear infections, which are often related to hearing problems. (4) Reduce the negative effects of secondhand tobacco smoke exposure because when children are exposed they are more likely to be at risk for type 2 diabetes and to experience heart disease, stroke, and lung cancer in their lifetimes. They tend to experience more learning and behavioral problems than children in nonsmoking households and are more likely to become smokers in adolescence or adulthood. 1.2 Applicability This ordinance applies to all day care and foster care providers licensed in Redwood County, Minnesota.

4 Page 4 of 5 REDWOOD COUNTY, MINNESOTA SEPTEMBER 4, Authority Through December 31, 2012 Redwood County Human Services (RCHS) will inspect and license regulated establishments and enforce the applicable laws according to Minnesota Statutes 145A. Southwest Health and Human Services (SWHHS) will assume these responsibilities beginning January 1, Ordinance Administration Redwood County Human Services will administer this ordinance through December 31, Southwest Health and Human Services will administer this ordinance beginning January 1, The ordinance will be administered through educating prospective providers with written materials to be included in informational packets and through further education in-person or otherwise about this smoke-free ordinance. This is not a day care or foster care licensing issue. This is a child placement preference and disclosure ordinance adopted by Redwood County. Section 2: DEFINITIONS 2.1 County means the county of Redwood. 2.2 Indoor area as defined under the Freedom to Breathe Act of 2007, is the space between a floor and a ceiling that is bounded by walls, doorways, or windows, covering more than 50 percent of the perimeter of the area. Temporary physical barriers, such as retractable dividers or garage doors, are considered walls, but not certain window screens. 2.3 Person/Provider means those individuals or agencies licensed to provide day care or foster care for children. 2.4 Smoking means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e-cigarette that creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. Section 3: RULES ADOPTED 3.1 Redwood County recognizes the documented hazards and negative health effects of secondhand tobacco smoke exposure and is effective November 1, 2012, prohibiting tobacco smoking in indoor areas of licensed foster care and daycares and any vehicle used to transport foster care and day care children. Day care or foster care providers may smoke outdoors away from the children in their care, but not in their presence. In addition, licensed providers will keep their grounds free of tobacco product litter, including cigarette butts. Section 4: ENFORCEMENT 4.1 If it is determined anyone is smoking in an indoor area of a licensed day care or foster care home or in a vehicle used to transport day care or foster care children, through a complaint or inspection, Redwood County Human Services prior to January 1, 2013 and Southwest Health and Human Services after January 1, 2013, will make a home visit to review this ordinance with the provider and provide education/educational materials. Upon the provider s refusal to comply with the ordinance or a second complaint or failed inspection, RCHS/SWHHS will send a written notice of this ordinance violation to the licensed provider. The provider must post this notice by their license for two years from the date of the notice. If the provider is still noncompliant, if RCHS/SWHHS receives a third complaint or if a licensed day care, foster home or vehicle fails inspection a third time: Foster care - no further placements will be made until the home and/or vehicle meet the smoke-free requirements. Day care RCHS/SWHHS will send a letter to the parents of the children under the provider s care explaining the provider is in violation of this ordinance. Each violation will be reviewed individually by RCHS/SWHHS. 4.2 Freedom to Breathe Act Under the Freedom to Breathe Act of 2007, smoking is not allowed anywhere within the indoor areas of a Minnesota licensed day care center, family home day care or group family day care provider home during hours of operation. Therefore, smoking in a licensed day care home during business hours violates the Freedom to Breathe Act, and may be punishable by fines or other penalties as detailed in Minn. Stat.

5 Page 5 of 5 REDWOOD COUNTY, MINNESOTA SEPTEMBER 4, , sub. 2. Smoking in a licensed day care home outside of business hours will be handled as outlined in section 4.1 of this ordinance. Chair Walling closed the Public Hearing at 10:43 a.m. ROAD & BRIDGE On motion by Klabunde, second by Schueller, the Board voted unanimously to approve payment of Road and Bridge bills in the amount of $144, On motion by Schueller, second by Kokesch the Board voted unanimously to advertise and set bid letting date for SAP ; New Avon Twp. Bridge for October 11, 2012 at 3:00 p.m. On motion by Schueller, second by Hollatz, the Board voted unanimously to advertise and set bid letting date for SAP ; Willow Lake Twp. Bridge for October 11, 2012 at 3:00 p.m. On motion by Schueller, second by Hollatz, the Board voted unanimously to advertise and set bid letting date for SAP , CSAH 6, and SAP , CSAH 106, Lamberton for October 11, 2012 at 3:00 p.m. Bridge #89859 Grant Agreement and Letter of Agreement was tabled to the September 18, 2012 meeting. Rabenberg updated the Board on the Springdale Water Retention Project. COMMISSIONERS The commissioners reported on meetings they attended: Schueller o City Council-LEC Project o BWSR Tour o River Board Hollatz o ATV Klabunde o Southern Prairie Community Care o Western Mental Health o Western Community Transit Walling o City Council-LEC Project Kokesch o Parks & Trails Grant o ATV ADJOURN There being no further business, Chair Walling declared the meeting adjourned at 11:36 a.m. Attest: Vicki Knobloch County Administrator Lon Walling, Chair Board of County Commissioners