PROCEEDINGS OF THE BOARD OF HOUSTON COUNTY COMMISSIONERS
Date: Tuesday, July 14, 2020 9:30 a.m.
Place: Commissioners Room, Courthouse, Caledonia, MN
*Virtual Meeting Held due to Peacetime Emergency Declaration in response to COVID-19 Pandemic.
Members Present via Computer: Eric Johnson, Teresa Walter, Jack Miller, Robert Burns, and Greg Myhre
Call to order.
Presiding: Chairman Johnson
Call to order. Pledge of Allegiance.
Miller moved, Walter seconded, unanimously carried to approve the agenda.
Walter moved, Burns seconded, unanimously carried to approve the Minutes from the July 23 Board Meeting.
Burns moved, Walter seconded, unanimously carried to approve the Minutes from the July 30 Special Board Meeting.
Walter moved, Myhre seconded, unanimously carried to approve the Minutes from the July 7 Work Group Session.
Public Comment: Mr. Dennis Yeiter addressed the board with concerns over ongoing discussions related to the lottery system for assignment of seasonal camping spaces at Wildcat Park. He suggested that 2022 should be the year for the next lottery based on the past lottery schedule and addressed concern for the necessity of the lottery if there are open seasonal sites available.
PH&HS provided an update on the COVID-19 pandemic and state-wide trends. Houston County added three cases over the weekend. Cases continue to trend slowly upwards as the age range continues to trend lower.
Walter moved, Burns seconded, unanimously carried to approve the Consent Agenda, which consisted of the following items:
1)Approve payment of the License Center and Human Services disbursements and the following claims
County Revenue Fund $221,668.05
Road & Bridge Fund $19,618.97
Total $241,287.02
2)Approve application for Exempt Permit (gambling license) for Sheldon Valley Sportsman’s Association with no waiting period.
3)Affirm the following personnel actions:
1.Auditor/Treasurer
1.Hire Dylan Felten as a casual/temporary employee (67 Day) at a wage of $13.68/hr.
2.Hire Eliana Babinski as a casual/temporary employee (67 Day) at a wage of $13/68/hr.
3.Change the hourly wage of Nikki Konkel, a casual/temporary employee (67 Day) Tech. Clerk I, to B21, step 1 effective retroactively to July 1, 2020.
2.Facilities/Building Maintenance
1.Hire Noah Stigeler as a casual/temporary (67 Day) Assistant Custodian A11-2, Step 2.
3.Sheriff’s Office
1.Change the employment status of Emily Johnson, Jailer/Dispatcher, from probationary to regular effective July 25, 2020.
Burns moved, Myhre seconded, unanimously carried to enter a closed session pursuant to MS Statute 13D.05, Sub. 3(b) to discuss matters protected by attorney-client privilege related to the Mound Prairie Township v. Houston County et al lawsuit.
The closed session began at 9:57 am, with Commissioners Johnson, Miller, Walter, Burns and Myhre, Administrator Babinski, HR-Director Arrick-Krueger, County Attorney Jandt, Attorney Kuboushek, Engineer Pogodzinski, and Deputy Engineer Conway present.
At 10:20 am, Myhre moved, Miller seconded, unanimously carried to end the closed session and return to the regular meeting session. The board was presented with information from Attorney Kuboushek and discussed ongoing litigation. No action was requested.
ACTION ITEMS
Johnson moved, Burns seconded, unanimously carried to accept the low bid offer for SAP 028-599-095 from VanGundy Excavating LLC, in the amount of $278,002.00 for a bridge replacement on Gates Coulee Road in Money Creek Township.
Burns moved, Walter seconded, unanimously carried to approve Resolution 20-34 Final Acceptance of Contract #301, Generation X Construction LLC. Contract #301 completes SAP 028-599-078 at a total cost of $84,180.00.
FINAL ACCEPTANCE OF CONTRACT #293
GENERATION X CONSTRUCTION LLC
WHERAS, Contract No. 293 has in all things been completed, and the County Board being fully advised in the premises;
THEREFORE, BE IT RESOLVED, the Houston County Board of Commissioners, accepts said completed project for and on behalf of the Houston County DOT and authorize final payment.
Walter moved, Burns seconded, unanimously carried to approve Resolution 20-35 Final Acceptance of Contract #293, Minnowa Construction. Contract #293 completes SAP 028-599-096 at a total cost of $209,005.25.
FINAL ACCEPTANCE OF CONTRACT #293
MINNOWA CONSTRUCTION
WHERAS, Contract No. 293 has in all things been completed, and the County Board being fully advised in the premises;
THEREFORE, BE IT RESOLVED, the Houston County Board of Commissioners, accepts said completed project for and on behalf of the Houston County DOT and authorize final payment.
Walter moved, Myhre seconded, unanimously carried to approve Resolution 20-36 County Federal Project Advance for project SAP 028-606-024.
County Federal Project Advance
WHEREAS, the County of Houston is planning to construct SP 028-606-024 in the year 2020, which has been programmed by the ATP in the STIP or work plan for the year 2021, and
WHEREAS, said County is prepared to proceed with the construction of said project through the use of an advance from the County State Aid Construction Fund to supplement the available funds in their State Aid Regular/Municipal Construction Account, and
WHEREAS, repayment of the funds so advanced will be made from Federal funds no later than the year in which the ATP has programmed the project.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners, Houston County, Minnesota, that the of Transportation be and is hereby requested to approve this advance for financing SP 028-606-024 to the County of Houston in an amount up to $1,680,000 in accordance with Minnesota Rules Minnesota Rules 8820.1500, Subp. 9, and to authorize repayments from their state aid account or from local funds within a requested and approved repayment schedule should said project fail to receive Federal funds for any reason.
Walter moved, Burns seconded, unanimously carried to approve the quote from Subsurface, Inc. in the amount of $47,000 to complete rehabilitation of two culverts on CSAH 6 and CSAH 8.
Miller moved, Myhre seconded, unanimously carried to approve a Conditional Use Permit for Shannon Fritcher, Winnebago Township, to build a cabin in an Ag District, with the condition the permittee shall comply will all federal, state and local laws and regulations.
Johnson moved, Burns seconded, unanimously carried to approve the Minnesota Wetland Conservation Act application for Grace Nelson, Caledonia Township.
Burns moved, Walter seconded, unanimously carried to approve Resolution 20-37 Election CARES Act Grant Application.
AUTHORIZATION TO ACCEPT CARES ACT GRANT FUNDING
FOR ELECTION SUPPORT
WHEREAS, the Office of the Minnesota Secretary of State is currently soliciting grant applications from counties for grants pursuant to Laws 2020, Chapter 77, section 4 and the Federal CARES Act to provide for additional efforts to make the election process safe, sanitary and effective during this period of the COVID-19 Pandemic; and
WHEREAS, grants will be provided to each county pursuant to a formula set forth in Section H of the grant application provided by the Office of the Secretary of State; and
WHEREAS, the funds provided by the Office of the Secretary of State are provided for the purpose of the uses set forth in the federal CARES Act and as further restricted by Laws 2020, chapter 77, section 4, subdivision 4; and
WHEREAS, those purposes are primarily for the protection of persons involved with the election process including voters, as well as certain other purchases set forth in law; and
WHEREAS, the county will work with the municipalities within the county to determine a fair, equitable, and mutually agreeable allocation of the funds within the County and between municipalities, and if an agreement cannot be reached, the funds will be distributed pursuant to the OSS identified default allocation formula as determined by the Secretary and provided in Section E of the grant application; and
WHEREAS, the grant application is to be completed by the staff of the Auditor and other staff responsible for the administration of elections in this county; and
WHEREAS, the grant application must be completed, certified by a county official, typically the chief county election official, returned to the Office of the Secretary of State and a grant agreement executed prior to the receipt of the funds to which the county is entitled pursuant to Sections E and F of the grant application; and
WHEREAS, Laws 2020, Chapter 77, section 4 requires a 20% match for the grant, with a 25% match for electronic roster purchases; and
WHEREAS, the grant agreement will reflect the grant application for each county; and
WHEREAS, additional assistance may be forthcoming later in this election cycle from state and federal funds, particularly those funds appropriated for these purposes by the Legislature; and
WHEREAS, there are continuing needs throughout the election cycle for both COVID-19 and election security efforts and concomitant costs;
THEREFORE, BE IT RESOLVED that the Houston County Board of Commissioners approves the grant application in the form presented to this board and to be submitted to the Office of the Secretary of State; and
BE IT FURTHER RESOLVED, that the Board hereby appropriates the required match amount as indicated in the application for the purposes set forth in the grant application; and
BE IT FURTHER RESOLVED that the chief elections officer of the County and staff are directed to submit this approved grant application at the earliest opportunity; and
BE IT FURTHER RESOLVED, that when the grant agreement is provided to the chief elections officer of the county, that person is delegated the authority to execute that agreement and return it to the Office of the Secretary of State without further approval by this Board; and
BE IT FINALLY RESOLVED, that the chief elections officer of the county is hereby authorized to apply for any additional funds made available by the state for the defrayment of costs of efforts to combat COVID-19 in the election process and for the enhancement of election security, and to execute any grant agreements required to access those funds from this date until the general election on November 3, 2020.
The Board considered expanding the Wheelage Tax from $10 per vehicle to $20 per vehicle. This originated with discussions of funding Highway department projects and offsetting funds to support the construction of the Highway department facility, as well as address the expected reduction in state aid for road maintenance and construction. After discussion, the board chose to table the proposal.
Burns moved, Miller seconded, unanimously carried to approve Resolution 20-39 CARES Act funding.
CARES Act Funding
WHEREAS, the Federal CARES Act provided funds to state and local governments to assist with costs related to COVID-19, with the County, cities and townships within the counties each receiving individual allocations from the state, and;
WHEREAS, on July 3, 2020, Houston County received $2,262,920 from the state Coronavirus Relief Fund (CRF as federal CFDA 21.019), and;
WHEREAS, local funds from the CRF may be used for medical expenses, public health expenses, payroll expenses, compliance with public health measures, and economic support provided the expenses meet federal guidance as a necessary expenditure related to the COVID-19 public health emergency, are not accounted for in the current budget, and will be expended by December 1, 2020, and;
WHEREAS, unexpended local funds provided to the cities and townships of Houston County will be transferred to Houston County by November 15, 2020 and county funds unallocated by December 1, 2020 must be returned to the state by December 10, 2020;
THEREFORE, BE IT RESOLVED, by Houston County Board of Commissioners that the Board directs the County Administrator and Finance Committee to review the federal and state guidance and ensure Houston County and sub-recipients comply with all conditions of the CARES Act when allocating and tracking use of the CRF funds, and;
BE IT FURTHER RESOLVED, the Board directs the County Administrator and Economic Development Agency Committee to develop and implement a program to provide economic support grants to local businesses and authorizes the Economic Development Agency Committee to make grant award recommendations to the Board for final approval, and;
BE IT FURTHER RESOLVED, the Board directs an initial allocation of $1,130,000 for the economic support grant program and authorizes the Finance Committee to allocate additional funds for economic assistance once County-specific expenses have been fully funded, and;
BE IT FURTHER RESOLVED, the Board directs the County Administrator to coordinate with the cities and towns of Houston County to synchronize efforts of all local government use of the CARES Act funds for maximum benefit to the residents of Houston County, to include establishment of a consolidated economic support program, and;
BE IT FURTHER RESOLVED, the Board authorizes the Finance Committee to review and recommend allocations of the remaining CRF funds to the board for final approval to cover reasonable and allowed expenses incurred by Houston County.
Miller moved, Burns seconded, unanimously carried to approve property tax abatements for ten property owners. The abatements included correcting homestead assignments, Veteran’s exclusions, and an error related to a property split calculation.
Miller moved, Burns seconded, unanimously carried to approve a motion stating: “Subsequent to the Board of Commissioners’ March 18, 2020 Declaration of Local Emergency due to the COVID-19 pandemic, the Board hereby authorizes overtime payments for exempt employees. The need for overtime is dictated by influences outside the County Board and employees control and must be a direct result of the County’s COVID-19 response. All COVID-19 related overtime must be documented and requires supervisor approval. COVID-19 response emergency overtime will be paid as straight time and calculated based on the employee’s equivalent hourly rate for all hours worked in excess of eighty (80) hours in a two week payroll period. This declaration is retroactive to March 18, 2020.”
Burns moved, Myhre seconded, unanimously carried to enter a closed session pursuant to MS Statute 13D.05, Sub. 1(b) to discuss strategy for labor negotiation, including negotiation strategies or developments or discussion and review of labor negotiation proposals, conducted pursuant to MS Statutes 197A.01 to 179A.25.
The closed session began at 11:55 am, with Commissioners Johnson, Miller, Walter, Burns and Myhre, Administrator Babinski, HR-Director Arrick-Krueger, and Finance Director Lapham present.
At 12:07 am, Miller moved, Burns seconded, unanimously carried to end the closed session and return to the regular meeting session. The board an initial discussion in advance of labor negotiations. No action was requested.
DISCUSSION ITEMS
Walter shared news from the Extension Committee Meeting; specifically that the Extension office has committed to 0% budget increase for 2021. She also discussed the negotiations with SELCO for library funding, and questioned the ability to use CARES Act funding to support the Fair Board due to the fair cancellation.
Public comment: None
Burns moved, Myhre seconded, unanimously carried to recess the board meeting at 12:16 and reconvene at 1:00pm in the County Justice Center Emergency Operations Center room for appointments with three companies under consideration for the Construction Manager contract for the Highway Department facility project.
The board reconvened at 1:05pm in the County Justice Center Emergency Operations Center room, with Commissioners Johnson, Burns, and Myhre present as well as Engineer Pogodzinski and Administrator Babinski. Commissioners Miller and Walter continued to participate via zoom. The Board received presentations from Fowler and Hammer, Market and Johnson, and Wieser Brothers. Each presentation and question answer session lasted approximately 45 minutes. The board did not discuss or take further action between or after the completion of the presentations.
There being no further business and the time being 3:50 p.m., motion was made by Burns, seconded by Myhre, unanimously carried to adjourn the meeting. The next advertised meeting being a Board Workgroup Session on Tuesday, July 21, 2020.
BOARD OF COUNTY COMMISSIONERS
HOUSTON COUNTY, MINNESOTA
By: Eric Johnson, Chairperson
Attest: Jeffrey Babinski, County Administrator
THE ABOVE PROCEEDINGS OF THE HOUSTON COUNTY BOARD OF COM-MISSIONERS IS ONLY A SUMMARY. THE FULL TEXT IS AVAILABLE FOR PUBLIC INSPECTION AT THE HOUSTON COUNTY ADMINISTRATOR’S OFFICE AS WELL AS ON THE HOUSTON COUNTY WEBSITE LOCATED AT THE FOLLOWING WEB ADDRESS: http://www.co.houston.mn.us/
Publish 31