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Minutes November 18, 2008
Wabasha County Board of Commissioners
Meeting of November 18, 2008
The Board of County Commissioners of Wabasha County, Minnesota, convened in Regular Session at the Wabasha County Services Building, in the City of Wabasha, Minnesota on Tuesday, November 18, 2008 at 9:00 a.m. The meeting was called to order by Board Chairman Riester. The following Commissioners were present: Dwelle, McNallan, Riester and Springer. Commissioner Windhorst was absent.
DWELLE - McNALLAN
Motion to approve the agenda.
Adopted Unanimously
Commissioners reported on meetings they had attended. Patrick Schaefers introduced himself to the Board. He is the new District Conservationist.
McNALLAN – SPRINGER
Motion to approve the consent agenda including the following: Claims Meal Vouchers SSIS Claims Minutes: November 4, 2008 Accept Donations to the Substance Abuse Program: $20 from Traci Green; $50 from Immanuel Lutheran Senior Citizens; $250 from the VFW Auxiliary; $100 from the Rotary Club of Wabasha.
Adopted Unanimously
SPRINGER - DWELLE
Resolution No.: 2008-237
Whereas, Wabasha County is part of Southeastern Minnesota Region 1 Emergency Management. Region 1 applies for Homeland Security and Emergency Management grants as a region. Olmsted County serves as the fiscal agent for Region 1. Whereas, Olmsted County requires Wabasha County and all parties in Region 1 to each sign a Letter of Agreement that enables each Emergency Manager to receive the equipment purchased, ensures that the equipment is maintained with the party receiving it, and holds Olmsted County harmless from liability. Now, Therefore, Be It Resolved that the Wabasha County Board of Commissioners approves and executes the Letter of Agreement with Olmsted County.
Adopted Unanimously
SPRINGER - McNALLAN
Resolution No.: 2008-238
Whereas, Wabasha County has an approved Comprehensive Local Water Plan with the State of Minnesota; and Whereas, Wabasha County has submitted a 2009 work plan and budget that was approved by the Board of Soil and Water Resources (BWSR); and Whereas, Wabasha County has received a Natural Resources Block Grant NRBG grant agreement from the BWSR. Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that the county signs the NRBG Grant Agreement.
Adopted Unanimously
SPRINGER - DWELLE
Resolution No.: 2008-239
Whereas, the Wabasha County Fee schedule has been reviewed by department heads; and Whereas, the updated 2009 fee schedule has been attached;
Now therefore be it resolved, by the Wabasha County Board of Commissioners that the 2009 Wabasha County Fees Schedule as presented has been approved.
Adopted Unanimously
Resolution 2008-240 tabled to next Board meeting. Resolution 2008-240 Consideration of changing all remaining non-bargaining unit positions from 37.5 to 40 hours per week and adopting a pay grid system based upon comparative worth points.
Whereas, the Wabasha County Board of Commissioners recognizes the importance of providing effective services to the residents of Wabasha County; and
Whereas, the County presently has some non-bargaining unit positions that work 37.5 hours per week and others that work 40 hours per week; and
Whereas, on 10/7/2003 the Board approved adoption of the current Wabasha County Comparable Worth Job Points without adopting a corresponding pay grid system; and
Whereas, in the past, it is recognized that pay grids have not been established systematically; and
Whereas, it is recognized that some existing pay grids have not kept pace with comparable counties, while others have surpassed the majority of comparable counties.
Now, Therefore, Be It Resolved, that the Wabasha County Board of Commissioners hereby approves changing all remaining non-bargaining positions from 37.5 hours per week to 40 hours per week, and approves adoption of the proposed pay grid system based upon comparative worth points.
Tabled
DWELLE - SPRINGER
Resolution Number: 2008-241
Whereas, Minnesota Statute 273.061 declares that the terms of office as county assessor shall begin on January 1 of every fourth year after 1973.
Whereas, January 1, 2009 will begin a new term of office for county assessors statewide,
Whereas, Minnesota Statute also requires the Commissioner of Revenue to approve the appointment and the reappointment of all county assessors,
Whereas, the completed appointment form must be completed and returned to the Department of Revenue before January 1, 2009 in order for a county assessor re-appointee to be approved by the Commissioner of Revenue and meet the requirements stated in law.
Now Therefore be it Resolved that the Wabasha County Board of Commissioners reappoints Loren Benz as assessor for Wabasha County for a four (4) year term commencing January 1, 2009.
Adopted Unanimously
SPRINGER – DWELLE
Resolution 2008-242
This Agreement (“Agreement”) between the County of Wabasha Minnesota (“County”) and the Regents of the University of Minnesota on behalf of its Extension unit, 240 Coffey Hall, St. Paul, Minnesota, 55108 (“University”) is effective January 1, 2009 and supersedes and replaces any and all current or existing agreements relating to Extension and its programs that may exist between the County and University.
The term of this Agreement shall be one (1) year, beginning on January 1, 2009 and ending on December 31, 2009 unless earlier terminated as provided in paragraphs 7 and 8.
Whereas, Minn. Stat. §38.34 authorizes a Board of County Commissioners to incur expenses and spend money for County Extension work; and Whereas, the money set aside and appropriated by the County Board in the County Extension Fund may be paid out by orders of the University’s Director of Extension, or the Director’s designee, as identified in Minn. Stat. §38.36, Subd. 3; and
Whereas, Minn. Stat. §38.37 provides that Extension educators must be employed according to University personnel procedures and must be University employees; and Whereas, it is the intention of the County and University that the University shall provide Extension services on behalf of the County in exchange for considerations as detailed herein.
Now Therefore, in consideration of the mutual undertaking and agreements contained within this Agreement, the County and University hereby agree as follows:
In accordance with Minn. Stat. §38.37 County desires to augment University’s state-wide Extension programs. The programs that the County will augment are detailed below.

Program Funding to Support

4-H                                             $64,900               4-H Program Coordinator working exclusively in Wabasha County

Nutrition Education Program      $22,380*          30 FTE Nutrition Education Assistant Exclusively in Wabasha County

(*NEA position price is the position value covered by federal funding that is supported by County, University, and agency cost match – 1 FTE = $74,600.)

University will be responsible for providing the following: salary & fringe benefits for the positions, enhanced programming from regional extension educator staff, program supervision, travel (mileage, meals, and lodging), in-service training within program area, payroll, and accounting services.
The County agrees to provide local support in the form of office space, telephone, computer, network connections for email and other communications, software, support staff and other general office supplies. The University will recommend technology needs and other office standards. Nevertheless, the level of availability and type of such support will be determined by the County.
University will bill the County on a quarterly basis and the County will submit payment within thirty (30) days of receipt of the bill. The total annual amount to be paid by the County shall be paid in four (4) equal quarterly payments.
As vacancies occur, and if the County and University agree to continue to support the desired program and position, University will hire new personnel with involvement and concurrence of the County Extension Committee. The County will not be billed for a position during the time that position is vacant.
The University will complete an annual performance evaluation of each University Extension employee working in the County and supporting the programs identified in paragraph 1. The County Extension Committee will have the option to provide input to University on such evaluation. The University in accordance with University personnel guidelines will determine salary adjustment of each University Extension employee.
Annually, the County Extension Committee, in coordination with University, will be responsible for approving the County Extension educational programming and services, as provided for in Minn. Stat. §38.34. The parties acknowledge that County extension educational programming includes University’s Nutrition Education Program educational programming.
Nothing in this Agreement precludes the County or University at any time during the term of this Agreement from requesting a modification of the County Extension program, including an adjustment of the number of University Extension personnel working in the County. The County or University will provide a minimum of six (6) months notice if either party desires a change in programs that results in a decrease in the staffing or funding level, and both parties agree to enter into good faith discussions to address such request.
If University or the County in good faith determines that funding is no longer available to support the programs or positions providing services locally, either party may terminate this Agreement. Termination of the Agreement in its entirety requires a minimum of ninety (90) days prior notice. Notice shall be dated and provided in writing to the parties listed below as the contacts for this Agreement. If to County: Chair, County Board of Commissioners, Wabasha County, 625 Jefferson Avenue, Wabasha, MN 55981 If to University: University of Minnesota, Minnesota Extension, Attn: Chief Operating Officer, 246 Coffey Hall, 1420 Eckles Avenue, St. Paul, MN 55108. Facsimile No.: 612-625-6227. E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Each party agrees that it will be responsible for its own actions and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party or the results thereof. The County’s liability is governed by the provisions of Minn. Stat. Chap. 466 and other applicable laws. The University’s liability is governed by the provisions of the Minnesota Tort Claims Act, Minn. Stat. §3.736 and other applicable law.
Pursuant to Minn. Stat. §16C.05, Subd. 5, the University agrees that County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of relating to this Agreement. University agrees to maintain these records in accordance with applicable law.
All data collected, created, received, maintained, or disseminated for any purposes by the activities of University because of this Agreement is governed be the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal Regulations on data privacy.
The University is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, sexual orientation or other classifications protected by state or federal law. In adhering to this policy, the University abides by the Minnesota Human Rights Act, Minnesota Statute Ch. 363; by the Federal Civil Rights Act, 42 U.S.C. 2000e; by the requirements of Title IX of the Education Amendments of 1972; by Sections 503 and 504 of the Rehabilitation Act of 1973; by the Americans With Disabilities Act of 1990; by Executive Order 11246, as amended; by 38 U.S.C. 2012, the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended; and by other applicable statutes and regulations relating to equality of opportunity.
Adopted Unanimously
SPRINGER – McNALLAN
Resolution 2008-243
Whereas Restorative Justice Week offers to the people of Wabasha County information about the Wabasha County Restorative Justice Council which is a leader in the county, state, and the nation, using Youth Link Mentorship and the Community Justice Conferences and Circles process to respond constructively to breaches in relationships, both civil and criminal and to address the needs of our youth;
Whereas: Restorative Justice upholds the belief that human conflict and harm can be more effectively addressed through healing and reparation rather than punishment; Whereas: Restorative Justice seeks to renew community involvement and responsibility as a mechanism for the healing of victims, and the reintegration of offenders back into the community;
Whereas: These initiatives involve collaboration and partnership with the schools, law enforcement, churches and social service agencies of the community;
Whereas: Restorative Justice Week is an educational and inspirational initiative celebrated in communities across this state and nation; Now, Therefore, the Wabasha County Board of Commissioners does hereby proclaim the week of November 16– 22, 2008 as Restorative Justice Week.
Adopted Unanimously
McNALLAN - DWELLE
Resolution 2008-244
Whereas, the Wabasha County Board of Commissioners recognizes the importance of reducing the costs of the Criminal Justice Center; and Whereas, as much of the County’s furniture as possible from existing offices will be re-used in the Criminal Justice Center; and Whereas, there is the possibility of purchasing high-quality used office furniture at a greatly reduced cost from several providers; Now, Therefore Be It Resolved, that the Wabasha County Board of Commissioners hereby approves County Administrator David Johnson to purchase as much used furniture as possible for the Wabasha County Criminal Justice Center.
Adopted Unanimously
McNALLAN - SPRINGER
Motion to adjourn.
Adopted Unanimously
 

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