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Minutes October 21, 2008
Wabasha County Board of Commissioners
Meeting of October 21, 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, October 21, 2008 at 9:00 a.m. The meeting was called to order by Board Chairman Riester. The following Commissioners were present: Windhorst, Dwelle, McNallan, Riester and Springer.
SPRINGER - WINDHORST
Motion to approve the agenda.
Adopted Unanimously
Commissioners reported on meetings they had attended. Comments during the public forum: Glenn & Gary Becklund in regard to the Millville Bridge.
SPRINGER - DWELLE
Motion to approve the consent agenda including the following: Claims Meal Vouchers SSIS Claims Minutes: October 7, 2008 Accept Donations: $1000 from Lake City Medical Center; $300 from Jim Nordstrom for Substance Abuse Court
Adopted Unanimously
SRINGER - DWELLE
Resolution No.: 2008-221
Be it resolved by the Wabasha County Board of Commissioners that Wabasha County enter into the attached FirstLab Service Agreement and Amendment and authorizes the County Administrator to execute the Agreement and Amendment. Nay: Windhorst
Adopted
DWELLE - SPRINGER
Resolution No.: 2008-222
Whereas, Project S.P. 079-030-003 CHSP 07(033) – Supply of Bituminous Mixture for paving of shoulders on CSAH Nos. 2, 4, 8, and 26 in Wabasha County - with any and/or all Supplemental Agreements, Change Orders or Work Orders, has been completed.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Wabasha County Auditor/Treasurer be authorized to issue a warrant for final payment to Rochester Sand and Gravel, Division of Mathy Construction Company, in the amount of $6,788.91.
Adopted Unanimously
SPRINGER - McNALLAN
Resolution 2008-223
Whereas, the County required land for the reconstruction of County Highway 7.
Whereas, it was necessary to engage in condemnation proceedings.
Whereas, the court appointed commissioners awarded amounts greater than the County’s initial offer.
Therefore be it resolved that the Board of Commissioners approve payment in the amounts of $18,600 to Dennis and Molly Posts and $11,112 to Theodore and Sheila Mehrkens.
Adopted Unanimously
Resolution 2008-224 dropped from the agenda.
Resolution 2008-224
Whereas, the Wabasha County Veteran Service Officer recommends: The County approves the Veterans Affairs Office begin collecting donations of travel pay from Wabasha County Veterans.
Whereas currently the office does not charge veterans to use the county veterans transportation program.
Whereas the office has been asked to bring in revenue to the county by charging veterans to use the transportation program.
Whereas this is one of the best solutions to bringing in revenue, and still providing transportation to our veterans at no cost.
Whereas there are many counties throughout the State of Minnesota that are currently doing this.
Now therefore be it resolved by the Wabasha County Board of Commissioners hereby approves.
Dropped
SPRINGER - McNALLAN
Resolution No.: 2008-225
Whereas, the Wabasha County Veteran Affairs Officer recommends Wabasha County apply for the 2009 Office Enhancement Grants.
Whereas, there is a State of Minnesota Department of Veteran Affairs has been awarded money to be used by County Veteran Service Offices in the amount of amount of $1.45 million dollars that must be distributed amongst eighty- three (83) county service offices.
Whereas, the grants need to be applied for by the end of October 2008.
Whereas, there will be five grants applied for totaling approximately $35,000.00
Whereas, the grants will be used to enhance the County Veteran Affairs Office.
Whereas, the State of Minnesota Department of Veteran Affairs will be making the decision on grants on November 14, 2008.
Whereas, the grants, if approved, will be given to Wabasha County for the service office sometime after January of 2009.
Whereas, according to County policy there must be board approval to allow the service officer to apply for and accept the State of Minnesota CVSO Grants.
Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that the Veteran Service Officer has the authority to apply for and accept the State of Minnesota CVSO grant money described above.
Adopted Unanimously
SPRINGER - McNALLAN
Resolution Number: 2008-229
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, after signing the Canine Transfer Agreement, Wabasha County K-9 Kutter shall be transferred to his handler, Deputy Jason Lorensen.
Adopted Unanimously
Canine Transfer Agreement I, K-9 Deputy Jason Lorenson, in consideration of receipt, at no cost to me, of a dog, German Shepherd, known as Kutter, Black/Tan, 12-13 years old, agree that:
1. I will provide the dog a good home, and the Wabasha County Sheriff’s Office will transfer full ownership of the dog to me;
2. I understand that this dog is a potentially dangerous animal, capable of causing considerable injury to persons and other animals;
3. I personally assume all risks in the connection with the dog, and I release Wabasha County and Wabasha County Sheriff’s Office, their commissioners, agents, deputies, and all employees from any liability for any harm, injury, damage, or liability which may befall me in connection with the ownership, possession, custody or control of the dog, whether caused by their/its negligence or otherwise;
4. Neither the County of Wabasha, Wabasha County Sheriff’s Office, their commissioners, agents, deputies, or employees may be held liable in any way for any injury to any person, animal or property proximately caused by this dog after it is transferred to me;
5. I agree to indemnify, defend, and hold harmless, the County of Wabasha, Wabasha County Sheriff’s Office, their commissioners, agents, deputies, or employees for any and all claims, settlements, liabilities, judgments, loss or damage they or any of them may incur as a result of any damage or injury to person(s), animal(s), or property proximately caused by this dog or in any way related to ownership, possession, custody, control, act or failure to act of this dog. As used herein, “defend” includes payment of all costs, including attorneys’ fees, associated with the defense of the claim or action, whether or not the claim or suit is successful and whether the claim or suit is rightfully or wrongfully brought;
6. I covenant not to bring or maintain any suit or action at the law or in equity against the County of Wabasha, Wabasha County Sheriff’s Office, their commissioners, agents, deputies, or employees by reason of any claim which may arise relating to this dog;
7. The foregoing release, covenant not to sue, indemnity and defense agreement apply to any and all claims by or against me, any member of my family, my estate, heirs, successors or assigns, arising out of my/their ownership, possession, custody, control, or any act or failure to act of this dog;
8. My/our obligations under this agreement shall continue until the death of the dog or until the last claim, lawsuit, or judgment is finally resolved or satisfied, whichever is later, and shall not cease upon transfer of ownership of this dog; I am of lawful age and legally competent to sign this agreement. I understand that these terms are contractual and not mere recital, and I have signed this document as my own free act;
9. I have read and understand the contents of this agreement. No representatives have been made to me by Wabasha County, Wabasha County Sheriff’s Office, their commissioner’s, agents, deputies, or employees regarding this matter except as set out in this agreement. This document contains the entire agreement between parties to this transaction.
10. This agreement shall take effect on the date of transfer as set forth; October 21, 2008.
WINDHORST - SPRINGER
Resolution No: 2008-226
Whereas, Wabasha County commits to the Bullberry Insight Dispatch Mapping Program,
Whereas, Wabasha County commits to provide a mapping program for 911 Public Safety, dispatch and emergency services (Fire/Ambulance/Law) within Wabasha County.
Whereas, Wabasha County commits to providing hardware, software, installation, and training to implement countywide mapping program.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: Wabasha County commits to the Bullberry Insight Dispatch & Mobile Mapping Software, training, installation, and related hardware for Countywide Public Safety system. Total cost including 2year maintenance is $39,258.00.
Adopted Unanimously
SPRINGER - DWELLE
Resolution No: 2008-227
Whereas, the Wabasha County Sheriff’s Office is requesting to add a reinstatement fee of $250 for mortgage foreclosure proceedings effective immediately; and
Whereas, Effective August 1, 2008, Minnesota Statute 580.30, Subd. 2, was amended in which the Sheriff’s Office is now responsible to handle mortgage foreclosure reinstatements. Therefore, it is necessary to add a reinstatement fee for such service.
Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby: approves the Wabasha County Sheriff’s Office to add a reinstatement fee for mortgage foreclosure proceedings to the fee schedule effective immediately.
Adopted Unanimously
WINDHORST – McNALLAN
Closed session: 10:30 a.m.
Adopted Unanimously
Teamsters Union Contract Discussion Consensus: When Christmas Eve Day falls on a Monday through Thursday, it shall be a paid holiday.
Unanimous
SPRINGER - McNALLAN
Return to Open session: 10:40 a.m.
Adopted Unanimously
SPRINGER - WINDHORST
Resolution No: 2008-228
Whereas, the Minnesota Department of Human Services, through its Managed Care Development and Purchasing Division (the State), has received Proposals from qualified managed care organizations (MCOs) to provide prepaid health care and home and community-based services to eligible Medical Assistance recipients (including Minnesota Senior Care Plus-MSC+), General Assistance Medical Care (GAMC), and MinnesotaCare populations in Brown, Cass, Crow Wing, Dodge, Freeborn, Goodhue, Kanabec, Morrison, Sibley, Steele, Todd, Wabasha, Wadena and Waseca counties; and
Whereas, citizens may review the entire Request for Proposal on the Department of Human Services public website: http://www.dhs.state.mn.us/main/id_000102, and
Whereas, a review team has been selected for Wabasha County in accordance with U.S. Code, title 42, sections 1396a(a)(4) and 1396u-2(d)(3), and Minnesota Statutes, section 256B.0914, and
Whereas, the results of the MCO reviews have been presented to the Wabasha County Board of Commissioners; and
Whereas, South Country Health Alliance continues operation as a viable managed care organization, serving the needs of Wabasha County residents; and
Whereas, the Wabasha County Board of Commissioners is in full support of the discussion points put forward to the Commissioner Cal Ludeman, Department of Human Services, on September 22, 2008 by Mr. Brian Nazi, Chief Executive Office of South Country Health Alliance, in which a request for an appeal of the reprocurement process has been submitted;
Now, Therefore be it Resolved, the Wabasha County Board of Commissioners has considered the recommendation(s) of the local review team and supports the following in regard to selection of a managed care organization(s) for eligible citizens of Wabasha County:
1. The Wabasha County Board of Commissioners understands the Directors of Social Services and Public Health Services have been prohibited from providing meaningful input on the recommendations put forward.
2. The Wabasha County Board of Commissioners are prohibited from having any meaningful review or input to the reprocurement process put forward by the Department of Human Services.
3. Wabasha County has received no formal notification that South Country Health Alliance has been determined to be at financial risk of failing financial solvency.
4. South Country Health Alliance remains the preferred managed care organization to serve Wabasha County.
5. South Country Health Alliance should be the sole MCO operating in Wabasha County. The current designation of Wabasha County as a Metropolitan Statistical Area (MSA) does not add a benefit to the provision of health care to our citizens.
6. Accepts the recommendation of the local review team to rate UCare as the 2nd MCO option to serve Wabasha County and Medica as the 3rd MCO option to serve Wabasha County.
Adopted Unanimously
DWELLE - SPRINGER
Resolution 2008-198
Whereas, the Board of Commissioners of Wabasha County has authority to adopt an ordinance regulating the surface use of waters within its boundaries, pursuant to Minnesota Statute 86B.201 and 86B.205, and,
Whereas, the said Board of Commissioners determines that it is in the best interest of the citizens of Wabasha County to adopt such an ordinance to promote the health, safety, and welfare of its citizens, Now Therefore, after public hearing duly notices, the Board of Commissioners of Wabasha County, Minnesota, does ordain:
Section 1: Purpose, Intent And Application: As authorized by Minnesota Statutes 86B.201, 86B.205, and Minnesota Rules 5110.300-6100.3800 as now in effect and as hereafter amended, the Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Lake Zumbro in Wabasha County, Minnesota said bodies of water being partially located within the boundaries of Wabasha County, to promote its fullest use and enjoyment by the public in general and the citizens of Wabasha County in particular; to insure safety for persons and property in connections with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety, and welfare of the citizens of Wabasha County, Minnesota.
Section 2: Surface Zoning Of Lake Zumbro By Restricting Speeds During Certain Surface Water Levels:
a. Upon the surface water level obtaining 921.0 feet or above, the entire water surface shall become a slow, no wake zone, and no surface craft shall travel at such a speed as to create a wake.
b. Upon the surface water level dropping to 919.7 feet or below, slow, no wake zone, shall expire.
c. The surface water level measurements shall be read at the dam site located on the north end of the lake and as recorded at Rochester Public Utilities lake level monitor computer at Rochester Public Utilities Operation Center, or such other place as the Rochester Public Utilities monitor shall, from time to time, be located. Surface water measurements shall be posted on the Rochester Public Utility website and the wake zone status shall be posted on the Olmsted County Sheriff’s Department website.
Section 3: Enforcement: The enforcement of this Ordinance shall be the primary responsibility of the Olmsted County Sheriff’s Department as per the inter-county agreement between Wabasha and Olmsted Counties. Other licenses peace officers including Conservation Officers of the Department of Natural Resources of the State of Minnesota are also authorized to enforce this ordinance.
Section 4: Exemptions: All authorized Resource Management Emergency and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions.
Section 5: Notification: It shall be the responsibility of Olmsted County to provide for adequate notification of the public which shall include placement of a sign at each public watercraft launching facility outlining essential elements of the ordinance.
Section 6: Penalties: Any person who shall violate any of the provisions of this Ordinance shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or such other maximum amount as the laws relating to maximum penalties for petty misdemeanors shall from time to time permit.
Section 7: Effective Date: This Ordinance shall be in effect from and after the date of its passage.
Adopted Unanimously
SPRINGER - McNALLAN
Motion to recess to District Meeting.
Adopted Unanimously
 

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