McLEOD COUNTY BOARD OF COMMISSIONERS MEETING MINUTES October 7, 2014

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1 McLEOD COUNTY BOARD OF COMMISSIONERS MEETING MINUTES October 7, 2014 CALL TO ORDER The regular meeting of the McLeod County Board of Commissioners was called to order at 9:00 a.m. by Chair Paul Wright in the County Board Room. Commissioners Terlinden, Nies, Shimanski, and Christensen were present. Administrator Patrick Melvin, Administrative Assistant, Donna Rickeman County Auditor-Treasurer Cindy Schultz and County Attorney Michael Junge were also present. PLEDGE OF ALLEGIANCE At the request of the Board Chair, all present recited the Pledge of Allegiance. CONSIDERATION OF AGENDA ITEMS A) Add under Administration item B; Discussion on a possible veteran s memorial located on the Courthouse property. B) Add under Administration item C; Consider approval of Commercial Lease Agreement between Duane Michael Haefner and McLeod County Solid Waste Management. Nies/Shimanski motion carried unanimously to approve the agenda as revised. CONSENT AGENDA A) September 26, 2014 Auditor's Warrants. B) Approve Conditional Use Permit as requested by Paul Trana to construct an accessory structure on a 40 acre parcel without a residence and greater than 660' from his residence for storage of farming equipment. The property is described as 40 acres of the NW ¼, SE ¼, Section 16 Hutchinson Township. The Board of Hutchinson Township unanimously recommended approval at their regular meeting on September 11, The McLeod County Planning Advisory Commission unanimously recommended approval at their regular meeting on September 24, C) Approve Conditional Use Permit as requested by Jeremy Bleil to construct an accessory structure to be greater than 2,400 square feet (48 x56 ) on a parcel 10 acres or less. The property is described as 6.95 acres of the SE ¼, SW ¼, Section 15 Lynn Township. The Board of Lynn Township unanimously recommended approval at their regular meeting on September October 7, 2014 County Board Meeting 1

2 9, The McLeod County Planning Advisory Commission unanimously recommended approval at their regular meeting on September 24, Nies/Shimanski motion carried unanimously to approve the consent agenda. PAYMENT OF BILLS COMMISSIONER WARRANT LIST General Revenue Fund $233, Road & Bridge Fund $79, Solid Waste Fund $31, Capital Projects Fund $146, Shimanski/Christensen motion carried unanimously to approve payment of bills totaling $491, from the aforementioned funds. AUDITOR-TREASURER Auditor-Treasurer Cindy Schultz A) Cindy Schultz requested approval of Election Systems & Software, LLC (ES&S) Omaha, NE Hardware Maintenance and Software Maintenance and Support Services Agreement. Initial maintenance term July 1, 2015 through June 30, 2019 at a cost of $52, McLeod County is currently in a hardware, software, and support service agreement with ES&S. This new agreement changes the number of M100 Precinct Scanners that will be covered under the McLeod County agreement from 16 to 24 to include all townships. Shimanski/Terlinden motion carried unanimously to approve the Election Systems & Software, LLC (ES&S) Omaha, NE Hardware Maintenance and Software Maintenance and Support Services Agreement. Initial maintenance term July 1, 2015 through June 30, 2019 at a cost of $52, B) Cindy Schultz requested approval to continue providing hardware maintenance and software maintenance and support services with Elections Systems & Software at no cost to the cities or townships in McLeod County. Nies/Terlinden motion carried unanimously to approve the continuation of providing hardware maintenance and software maintenance and support services with Elections Systems & Software at no cost to the cities or townships in McLeod County. C) Cindy Schultz requested approval to set the Public Hearing on County Ditch #20 and County Ditch #22 Redetermination of Benefits for December 4, 2014 at 9:00 A.M. October 7, 2014 County Board Meeting 2

3 McLeod County is required to set a public hearing within 30 days of receipt of the viewers report filed in my office on September 16, The hearing must be within 25 to 50 days after the date is set. At the hearing the ditch authority will approve the redetermination of benefits. Property owners will be invited to the meeting. Shimanski/Christensen motion carried unanimously to set the Public Hearing on County Ditch #20 and County Ditch #22 Redetermination of Benefits for December 4, 2014 at 9:00 A.M. Shimanski/Christensen motion carried unanimously to change the Public Hearing on County Ditch #20 and County Ditch #22 Redetermination of Benefits to November 20, 2014 at 9:00 A.M. ENVIRONMENTAL SERVICES Environmentalist Roger Berggren A) Roger Berggren led discussion on options for ditch repair inspections for Federal Emergency Management Agency (FEMA) dollars which was tabled at the September 30, 2014 Board Meeting. After checking further with the Soil & Water Conservation District (SWCD), it was determined that they would not have staff available to help with ditch repair inspections. After further discussion the Board directed Roger to notify the public in the following ways: have s sent out to residents through SWCD and Extension, put notice in newspaper and on the county website. If residents find any areas on county ditches that were damaged from the spring rains they are to contact Environmental Services. Federal Emergency Management Agency (FEMA) is requiring that McLeod County identify all County Ditch damage by November 22, 2014, to be eligible for repair reimbursement from the government. Repair funds will be 75% from FEMA and 25% from Minnesota. The incident period that may qualify for these repair funds is June 11, 2014 through July 11, Once an area is identified then pictures, GPS points and map locations need to be acquired and available for FEMA. Any areas that are not identified before November 22, 2014 will not be eligible for repair funds from the government agencies. NEW EPA REGULATIONS Commissioner Kermit Terlinden A) Kermit Terlinden requested adoption of Resolution 14-CB-21 Opposition to New EPA Regulations. October 7, 2014 County Board Meeting 3

4 On April 21 the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly released a new proposed rule Definition of Waters of the U.S. Under the Clean Water Act that would amend the definition of waters of the U.S. and expand the range of waters that fall under federal jurisdiction. Counties could feel a major impact as more waters become federally protected and subject to new rules or standards. The proposed rule would impact county-owned and maintained roadside ditches, flood control channels, drainage conveyances, storm water systems, green infrastructure construction and maintenance. Terlinden/Nies motion carried unanimously to adopt Resolution 14-CB-21 Opposition to New EPA Regulations. PUBLIC HEARING Ditch Assessment A) Cindy Schultz presented recommendations to the County Board for setting the 2015 ditch assessment amounts. Some modifications were made with Commissioners input during the meeting. McLeod County Board of Commissioners hereby orders the County Auditor-Treasurer to place an assessment on the following drainage systems for the said amount of years beginning for taxes payable in 2015 pursuant to Minnesota Statutes. NO DITCH NAME ASSESSMENT PAY 2015 NO. OF YEARS. 624 CD #11 $5, CD #12A $2, CD #16 Red $15, CD #26 $2, CD #27 $3, CD #29 $5, CD #33 $3, JD #5 SMc $ JD #17 McS $3, JD #19 SMc $5, JD #24 SMcR $15,000 1 Wright/Christensen motion carried unanimously to approve of the County Auditor-Treasurer to place an assessment on the aforementioned drainage systems. Cindy Schultz recommended implementing a 1% interest rate on the ditch levy assessments. Wright/Nies motion carried unanimously to implement a 1% interest rate on the ditch levy assessments. October 7, 2014 County Board Meeting 4

5 PUBLIC HEARING County Tobacco and County Smoke-Free Workplace Ordinance A) Jean Johnson from Public Health presented information to support the change in the County Tobacco and County Smoke-Free Workplace Ordinance. Both ordinances would include e-cigarettes (tobacco related devises, and similar products). This will include the County Smoke-Free Workplace Ordinance and the County Tobacco Ordinance related to the sale, possession and use of tobacco products in the County and to reduce the illegal sale, possession, and use of such items to and by minors. Electronic cigarettes (e-cigarettes), also known as electronic nicotine delivery systems, are battery-powered devices that allow users to inhale vaporized liquid (e-juice), which may contain nicotine and other potentially harmful chemicals. E-cigarettes are not regulated by the FDA, and there is no body of evidence proving that e-cigarettes are safer than smoking or that their vapors are safe to inhale. It cannot be assumed e-cigarettes are safe to use. E-cigarette use among middle and high school students is rapidly increasing; the number of students who use e-cigarettes more than doubled from 2011 to E-cigarettes appeal to young people. E-cigarettes are available for purchase online. E-cigarettes are available in flavors such as gummy bear and cotton candy; flavored tobacco products appeal to youth. E-cigarettes are often cheaper to buy than conventional cigarettes. Children are also at risk for nicotine poisoning from e-cigarettes. E-cigarettes and e-juice are available in kid-friendly flavors, and without child-resistant containers or warning labels. Nicotine affects the body immediately; in high doses it may be extremely toxic or even fatal.3 There is risk for severe illness and death if e-juice containing nicotine is swallowed or absorbed through the skin. Shimanski/Wright motion carried unanimously to table until the November 18, 2014 Board Meeting to allow for a 30 day public comment period for proposed changes to both the County Tobacco and County Smoke-Free Workplace Ordinance. COUNTY ADMINISTRATION October 7, 2014 County Board Meeting 5

6 A) Pat Melvin requested re-appointment of John Brunkhorst as Highway Engineer effective October 7, 2014 through May 31, Nies/Terlinden motion carried unanimously to re-appointment of John Brunkhorst as Highway Engineer effective October 7, 2014 through May 31, B) Kermit Terlinden led discussion on a possible veteran s memorial located on the Courthouse property. Kermit will have the team bring presentation forward to look at concept and ideas at a future board meeting. C) Paul Wright requested approval of Commercial Lease Agreement between Duane Michael Haefner and McLeod County Solid Waste Management beginning October 1 st, 2014 through September 31 st, Total cost of leasing the American Energy Systems Inc. building is $64,921 with payments made quarterly. This would be for 13,500 square feet of leased space to process some of its recyclable materials during the Materials Recovery Facility (MRF) expansion project. If the county does not lease space for part of its recycling operation, it will need to ship the material it collects to Dem Con in Shakopee which will result in a loss of revenue from selling the product. In addition, the county will need to temporarily lay off at least some of its workers, most of whom are challenged individuals who work for West Central Industries. Nies/Wright Terlinden motion carried unanimously to approve a of Commercial Lease Agreement between Duane Michael Haefner and McLeod County Solid Waste Management beginning October 1 st, 2014 through September 31 st, 2015 for a total cost of $64,921. Terlinden/Christensen motion carried unanimously to change the November 18 th Board Meeting from 9:00 A.M. to 1:00 P.M. to allow the Commissioners to attend a Board of Appeal & Equalization training session. Shimanski/Terlinden motion carried unanimously to recess at 10:48 a.m. until 9:00 a.m. October 21, 2014 in the County Boardroom. ATTEST: Paul Wright, Board Chair Patrick Melvin, County Administrator October 7, 2014 County Board Meeting 6