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Minutes May 6, 2008
Wabasha County Board of Commissioners
Meeting of May 6, 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, May 6, 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. Absent: Windhorst
McNALLAN – SPRINGER
Motion to approve the agenda.
Adopted Unanimously
Commissioners did not report on meetings attended. Public forum: Tine Thevinin expressed concern with roadside weed spraying and wants the county to reconsider. Recess for Regional Rail Authority meeting: 9:07 a.m. Reconvened: 9:20 a.m.
SPRINGER - DWELLE
Motion to approve the consent agenda including the following: Claims Meal Vouchers SSIS Claims Minutes: April 22 and April 29, 2008 Utility Permits: 990 and 991 Approval to hire Penny Schmit as Certified Appraiser in Assessor’s Office (Grade 10, Step 1) Advertise to fill vacant Administrative Assistant position in Veteran Service Office Accept $1,000 donation from Home & Hearth Technologies in Lake City to the Restorative Justice Program Consent agenda item, “Advertise for Administrative Assistant in Veteran Service Office,” was moved to Action/Discussion Item asking for “Approval to Create a New Assistant VSO Position.” Consent Agenda Item
Whereas, the Assessor’s Office will have a vacancy in the position of Certified Appraiser, and
Whereas, incumbent Sandra Kubly resigned effective May 21, 2008 and the position was advertised internally. Penny Schmit was chosen as the successful candidate. She will start June 2, 2008 at Grade 10, Step 1 of the Union Pay Grid. Now Therefore
Be it Resolved by the Wabasha County Board of Commissioners that the Assessor’s Office hire Penny Schmit to the position of Certified Appraiser at the above pay grid.
Adopted Unanimously
SPRINGER - DWELLE
Resolution No.: 2008-110
Whereas, the Zumbrowatha Trails of Wabasha County request that Wabasha County be their local sponsoring unit of government for pass-through of MN DNR snowmobile trail system funding, Now therefore
Be it Resolved by the Wabasha County Board of Commissioners that: Wabasha County act as the sponsor for an application for funding to the State of Minnesota Department of Natural Resources for development of maintenance of snowmobile trails managed by the clubs of Zumbrowatha Trails-Wabasha County for the 2008-2009 snow season, Be it further resolved: that upon approval of its application by the state, that Wabasha County may enter into an agreement with the State of Minnesota for the above referenced project and that it will act as the pass-thru for funds to the clubs as outlined in the Assistance Program manual, Be it further Resolved: that the County Auditor and/or Deputy Auditor is hereby authorized to serve as the fiscal agent for the above referenced project, Be it further resolved: that Marvin Howatt is appointed to be a County Trail coordinator to work with the county clubs and assist the county in administering this program.
Adopted Unanimously
McNALLAN - SPRINGER
Resolution No.: 2008-111
Whereas the State of Minnesota DNR along with Wabasha County has approved the Zumbrowatha Trails Association of Wabasha County’s request for the County to act as the sponsoring unit of government for pass-through of funds to the snowmobile clubs for the 2008-2009 snow year as outlined in the Assistance Program Manual. Therefore,
Be it resolved that the Wabasha County Commissioners enter into a County-Club contract with each of the five snowmobile clubs within the Zumbrowatha Trails Association to administer their club’s portion of the trail system for the 2008-2009 snow year according to the regulations outlined in the attached contract. The five snowmobile clubs consist of the Zumbro Valley, Wabasha Driftskippers, Cliff & Coulee Climbers, Elba Snowbirds and the Four Seasons.
Adopted Unanimously
McNALLAN - SPRINGER
Resolution No.: 2008-112
Whereas, the Wabasha County Highway Department has sought proposals and received one for herbicide application contract services; and
Whereas, the proposal from Barth Construction, Inc. was the lowest proposal received per unit price. Now Therefore
Be it Resolved that the Wabasha County Board of Commissioners hereby authorizes the County Engineer to purchase herbicide application contract services from Barth Construction, Inc.
Adopted Unanimously
SPRINGER - DWELLE
Resolution No.: 2008-103
Whereas, Wabasha County has advertised and taken applications for a vacant Highway Maintenance Worker Position. Now Therefore
Be it Resolved that the Wabasha County Board of Commissioners hereby authorizes the County Highway Engineer to hire Robert Wodele as a Highway Maintenance Worker. Nay: McNallan
Adopted Unanimously
SPRINGER - DWELLE
Resolution No.: 2008-113
Whereas, The request for bids for Project S.A.P. 079-659-007 needs to be published. Now Therefore
Be it Resolved by the Wabasha County Board of Commissioners that the Wabasha County Highway Engineer be authorized to advertise for bids for Project S.A.P. 079-659-007 – Bituminous Reclamation, Bituminous Surfacing, and Concrete Curb and Gutter on CSAH 59, beginning at the Junction of TH 61 and CSAH 59, ending at the Junction of TH 60 and CSAH 59.
Adopted Unanimously
DWELLE - McNALLAN
Resolution No.: 2008-114
Whereas, the Wabasha County Board has, by resolution, authorized the County Engineer to acquire the necessary lands along the existing right of way of CSAH 7 for the purpose of reconstructing the highway under S.A.P. 79-607-19; and
Whereas, S.A.P. 79-607-19 is necessary in order to improve this segment of CSAH 7 to meet Minnesota State Aid standards and provide for public health, welfare, safety and convenience; and
Whereas, Wabasha County has been unable to successfully negotiate the acquisition of the following necessary lands from the owners listed:
Owner: Theodore L. Mehrkens and Shelia L. Mehrkens Parcel (5) of Wabasha County Highway Right of Way Plat No. 36 more specifically described in Exhibit “A” attached hereto.
Owner: Denis M. Post and Molly Madlyn Rose Post Parcel (8) of Wabasha County Highway Right of Way Plat No. 36 more specifically described in Exhibit “B” attached hereto.
Whereas, Wabasha County has the authority to acquire the necessary lands for this project by eminent domain. Now Therefore
Be it Resolved by the Wabasha County Board of Commissioners that the County Attorney is hereby authorized to commence eminent domain proceedings for the acquisition of said lands. Nay: Springer
Adopted Unanimously
McNALLAN - SPRINGER
Resolution 2008-115
Whereas, Wabasha County and AFSCME Local 3533 have been engaged in Union negotiations for the calendar years of 2008, 2009, 2010, and
Whereas, through mediated settlement discussions, the parties have come to an agreement as to the labor contract between Wabasha County and AFSCME Local 3533, Now, Therefore,
Be it resolved that the Wabasha County Board of Commissioners hereby authorizes the following changes and additions to the prior contract between the parties which expired on December 31, 2007.
Article VI Union Security The Employer agrees to make one payroll deduction per pay period from the pay of those Employees who wish to participate in a voluntary payment plan to a single political action committee. Such authorization must be executed by the Employee and may be revoked by the Employee at any time by giving written notice to both the Employer and the Union.
Article X Discipline All disciplinary actions shall be documented in written form. All disciplinary actions shall become part of an Employee’s personnel file and shall be read and acknowledged by signature of the Employee. Employees and the union shall receive a copy of such disciplinary actions.
Article XXV Wages/Allowances The Mechanic position shall be transferred from Grade 8 to Grade 10.
Clothing/Shoe allowance $275.00 per year per employee. A lump sum payment will be made at the beginning of the year to each employee, with the provision that it is to be used for work clothing. Union members will not be required to present receipts or affidavits regarding the purchases and will be dealt with on an honor system.
There shall be two additional steps added to the present wage scale that will be identified as Step 11 and Step 12, and there will be a 3% increase from existing Step 10 to new Step 11, and from new Step 11 to new Step 12. Each Employee in the collective bargaining unit shall receive an annual cost of living increase as follows: January 1, 2008, 2.75%; January 1, 2009, 2.75%; January 1, 2010, 2.75%.
Article XXIX Promoted or Transferred Employees The Employer shall require a promoted or transferred Employee to serve a trial work period not to exceed ninety (90) calendar days. The Employer may return the Employee to his/her former position during the trial work period if he/she is not able to carry out the duties of the position to which he/she has been promoted or transferred. The Employee may also choose to return to his/her former position during the first thirty (30) calendar days in the position to which he/she had been promoted or transferred. The aforementioned Employee is NOT an “at will” Employee and is entitled to all right and privileges by this labor Agreement.
Adopted Unanimously
SPRINGER – DWELLE
Resolution 2008-116
Whereas, the Wabasha County (hereinafter referred to as the “County”), has secured funding under Title I of the Housing and Community Development Act of 1974 through the Minnesota Department of Trade and Economic Development’s (hereinafter referred to as “DEED”), Small Cities Development Program (SCDP); and
Whereas, the County has entered into a contract with DEED for the Project entitled Wabasha County Comprehensive Project, Grant Number CDAP-07-0088-O-FY08, dated May 1, 2008, through until such date the program shall close; and
Whereas, the County does not currently have staff capability to perform all the requirements necessary for the delivery of the 2008 Wabasha County Small Cities Development Program Project; and
Whereas, the Southeastern Minnesota Multi-County Housing and Redevelopment Authority (hereafter referred to as the “HRA”) has the ability to perform all of the activities required under the contract entitled Wabasha County Comprehensive Project, Grant Number CDAP-07-0088-O-FY08, dated May 1, 2008 through until such date the program shall close. Now therefore
Be it resolved, that the Wabasha County Board of Commissioners hereby agrees to enter into an Administrative Contract with the HRA, effective on May 6th, 2008.
Adopted Unanimously
SPRINGER - DWELLE
Resolution 2008-117
Be It Resolved that the Wabasha County Board does hereby adopt a Civil Rights Policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations.
Adopted Unanimously
DWELLE - SPRINGER
Resolution 2008-118
The County of Wabasha will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income housing in connection with an activity assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606 and 24 CFR, Part 42.
All replacement housing will be provided within three (3) years of the commencement of the demolition or conversion. Before entering into a contract committing the County of Wabasha to provide funds for an activity that will directly result in such demolition or conversion, the County of Wabasha, will make public and submit to the Minnesota Department of Employment and Economic Development the following information in writing:
• A description of the proposed assisted activity;
• The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activities; ? A time schedule for the commencement and completion of the demolition or conversions;
• The location on a map and number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units. If such data are not available at the time of the general submission, the County of Wabasha will identify the general location on an area map and the approximate number of dwelling units by size and provide information identifying the specific location and number of dwelling units by size shall be submitted and disclosed to the public as soon as possible;
• The source of funding and a time schedule for the provision of replacement dwelling units;
• The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least ten (10) years from the date of initial occupancy.
• Information demonstrating that any proposed replacement of dwelling units with smaller units (e.g. a 2-bedroom unit with two 1-bedroom units) is consistent with the housing needs of low and moderate-income households in the jurisdiction. The County of Wabasha may request the Minnesota Department of Employment and Economic Development to recommend that the U.S. Department of Housing and Urban Development approve an exception to required replacement housing if there is an adequate local supply of low/moderate income dwelling units in standard condition. Exceptions will be reviewed on a case-by-case basis as described in 24 CFR 570.488©(1)(B).
The County of Wabasha will provide relocation assistance, as described in Section 570.488©(2), to any lower-income person displaced by the demolition of any dwelling unit or the conversion of a low/moderate-income dwelling unit to another use in connection with an assisted activity. Consistent with the goals and objectives of activities assisted under the Act, the County of Wabasha, will take the following steps to minimize the displacement of persons from their homes:
• Only homes determined suitable for rehabilitation will be assisted.
• The County will utilize services from the Southeastern Minnesota Multi-County HRA in evaluating and completing housing rehabilitation projects.
Definitions for the purposes of this plan are as follows:
A low/moderate-income dwelling unit is a unit with a market rent, including utility costs, that do not exceed the applicable fair market rent for existing housing and moderate rehabilitation, as established under the Section 8 existing housing program.
A vacant occupiable dwelling unit is a vacant unit that is in standard condition; or in substandard but suitable for rehabilitation condition; or in a dilapidated condition and occupied less than three months from the date of the grantee agreement.
An occupiable dwelling unit is a unit that is in standard condition or has been raised to a standard condition from a substandard condition, suitable for rehabilitation.
A standard condition dwelling unit is a unit which meets HUD Section 8 Housing Quality Standards (HQS) with no major defects in the structure and only minor maintenance is required. Such a dwelling will have the following characteristics: reliable roofs, sound foundations; adequate and stable floors, walls and ceilings; surfaces and woodwork that are not seriously damaged nor have paint deterioration; sound windows and doors; adequate heating, plumbing and electrical systems; adequate insulation; and adequate water and sewer systems, and not overcrowded (defined as more than one person per room).
A substandard condition dwelling unit, is a unit if it does not meet HUD Section 8 Housing Quality Standards (HQS) which includes lacking the following: complete plumbing, complete kitchen facilities, efficient and environmentally sound sewage removal and water supply, and heating source. In addition, the dwelling may be overcrowded (defined as more than one person per room).
A substandard but suitable for rehabilitation condition dwelling unit at a minimum, is a dwelling unit that does not meet Housing Quality Standards (HQS) with some of the same features as a “substandard condition” dwelling unit. This unit is likely to have deferred maintenance and may have some structural damage such as a leaking roof, deteriorated interior surfaces, and inadequate insulation. A “substandard but suitable” dwelling unit, however, has basic infrastructure (including systems for clean water and adequate waste disposal) that allows for economically and physically feasible improvements and upon completion of rehabilitation meets the definition of a “standard” dwelling unit.
Be It Resolved by the Wabasha County Board of Commissioners that they hereby adopt the Residential Anti-displacement and Relocation Assistance Plan for the County of Wabasha.
Adopted Unanimously
There was a motion by Commissioner Springer to approve a Drug Free Work Place, Rehabilitation Standards, Rehabilitation Policy and Procedures, Fair Housing Plan, Program Income Plan and the HUD 2880. The motion was seconded by Commissioner Dwelle.
Adopted Unanimously.
Zoning Administrator Floyd Riester spoke about a request from Camp Victory to add a second story onto an existing bathhouse. Mr. Riester stated that the staff has no concerns about the second story being built. Commissioner Springer made the motion to approve the second story to the bathhouse and Commissioner Dwelle seconded it. The rest of the requests from Camp Victory will be brought before the board at a later date and have not been approved.
McNALLAN - DWELLE
Resolution No.: 2008-119
Whereas, Wabasha County has applied for and received grant funding in the amount of $107,828 to aid in the cost of creating a multi-jurisdictional, All-Hazard mitigation plan, and
Whereas, said mitigation plan would be beneficial to the county in reducing overall risks to population and structures in cities and rural areas within the county, and Now, Therefore,
Be it Resolved that the County of Wabasha, Minnesota, enter into an Agreement with the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management for the Hazard Mitigation Grant Program.
Adopted Unanimously
SPRINGER – McNALLAN
Resolution No.: 2008-120
Whereas, the Wabasha County Veteran Service Officer recommends approval to create a new Assistant Veteran Service Officer position.
Whereas the pay scale for this position would be $15.20 –$19.89 per hour based on the 2007 pay scale. Now therefore
Be it resolved by the Wabasha County Board of Commissioners hereby approves. Former Consent Agenda Item
Whereas, the Wabasha County Veteran’s Service Office will have a vacancy in the full-time position of Administrative Assistant effective June 2, 2008,
Whereas, the County Administrator recommends the advertising the vacancy in order to solicit applications to fill the position, Now Therefore
Be it Resolved by the Wabasha County Board of Commissioners that the Wabasha County Administrator and Veteran’s Service Officer are authorized to advertise the vacant position of Administrative Assistant.
Adopted Unanimously
SPRINGER - DWELLE
Resolution No.: 2008-121
Whereas, the County Board is required to identify certain positions and/or individuals to perform certain depository functions for the County, and
Whereas, the following resolutions will be become effective May 6, 2008. Therefore
Be it resolved by the Wabasha County Board of Commissioners that the following appointments and actions are hereby directed and approved: That the Wabasha County Board of Commissioners hereby grants to Debbie Koenig, Wabasha County Finance Director, the authority to designate depositories of Wabasha County funds, pursuant to Minnesota Statute 118A.02 subd. 1. That the Wabasha County Board of Commissioners hereby authorizes and directs Jerry Leisen, Auditor-Treasurer, or Debbie Koenig, Finance Director to act on behalf of Wabasha County as indicated below: ? Open or close any deposit account. (i.e. checking, savings, certificates of deposit) ? Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit. That the Wabasha County Board of Commissioners hereby authorizes Jerry Leisen, Auditor-Treasurer and/or the Board Chairperson be named as authorized signers on negotiable instruments of Wabasha County, provided as necessary all Countersignatures are present.
Adopted Unanimously
Recessed: 10:53 a.m. Reconvened: 11:02 a.m.
McNALLAN – DWELLE
Resolution No.: 2008-122
I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law.
Be It Resolved by the Board of County Commissioners (the Board) of Wabasha County, Minnesota (the County), as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the County to issue its General Obligation Jail Bonds, Series 2008A, in the aggregate principal amount of $2,285,000, subject to adjustment in accordance with the Terms of Proposal (the Bonds), to finance a portion of the cost of constructing a new jail and law enforcement facility within the County (the Project), pursuant to Minnesota Statutes, Section 641.23 and Chapter 475. Section 2. Terms of Proposal. Springsted Incorporated, financial advisor to the County, has presented to this Board a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the County Administrator. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisor, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit proposals for the Bonds on behalf of the County. Section 3. Sale Meeting. This Board shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the County. Section 4. County Credit Enhancement Program; Application; Fee; Agreement. The Chairperson and the County Administrator are hereby authorized to submit, on behalf of the County, an Application to the Minnesota Public Facilities Authority (the Authority) County Credit Enhancement Program (the Program) along with a nonrefundable application fee in the amount of $250 and to enter into an Agreement with the Authority, all in accordance with and as required by Minnesota Statutes, Section 446A.86 (the Act). The County covenants that it will comply with and be bound by the provisions of the Act. The Chairperson and the County Administrator are authorized to execute any and all applicable forms prescribed by the Authority with respect to the Program.
Adopted Unanimously
DWELLE – McNALLAN
Resolution No.: 2008-123
I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law.
Be It Resolved by the Board of County Commissioners (the Board) of Wabasha County, Minnesota (the County), as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the County to enter into a lease-purchase financing transaction and authorize the issuance of Certificates of Participation, Series 2008B, in the aggregate principal amount of $7,715,000, subject to adjustment in accordance with the Terms of Proposal, (the Certificates), to finance the construction of the courts portion of the county jail and law enforcement facility, pursuant to Minnesota Statutes, Section 465.71. Section 2. Terms of proposal. Springsted Incorporated, financial advisor to the County, has presented to this Board a form of Terms of Proposal for the Certificates which is attached hereto and hereby approved and shall be placed on file by the County Administrator. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Certificates and of the sale thereof. Springsted Incorporated, as independent financial advisor, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit proposals for the Certificates on behalf of the County. Section 3. Sale meeting. This Board shall meet at the time and place shown in the Terms of Proposal for the purpose of considering sealed proposals for the purchase of the Certificates and of taking such action thereon as may be in the best interests of the County.
Adopted Unanimously
Administrator Dave Johnson spoke about free labor for the County provided by Work Force Development. This retired person will work under the maintenance staff and will work 20 hours per week. Attorney Bayley suggested that we get something in writing from Work Force development showing the county has no liability while this person works at the county. Commissioner McNallan made the motion and Commissioner Dwelle seconded to approve this free labor.
DWELLE - SPRINGER
Resolution Number: 2008-124
Whereas, The Board Chair has authorization to sign Contracts with construction contractors to construct the Wabasha County Criminal Justice Center as approved in Resolution 2008-094 And
Whereas, The terms of the contracts reflect in full the requirements as set forth in the request for proposed and resulting bids, And
Whereas, These contracts will be signed when sent by Construction Analysis & Management, Inc and first approved by the county attorney for form. Now Therefore
Be it Resolved by the Wabasha County Board of Commissioners that they authorize the Board Chair to sign Contracts with Construction Contractors for the Criminal Justice Center.
Adopted Unanimously
Resolution 2008-125 was tabled to May 27 meeting agenda. Resolution Number: 2008-125
Whereas, the Personnel Policy Manual Committee has met and developed a personnel policy manual with input from department heads and staff; and
Whereas, the Board of Commissioners has reviewed these policies, given input and finds them appropriate and necessary; Now Therefore
Be it Resolved by the Wabasha County Board of Commissioners that: The Wabasha County Comprehensive Policies and Procedures Manual is hereby adopted as the official policy for employees of Wabasha County. The 51st Annual County Day was held during the regular board meeting. The Commissioners and the Administrator explained their jobs to the kids and the kids asked questions of the Commissioners. There will be a special meeting May 29, 9:30 a.m. for Bond Sale Approval
DWELLE - SPRINGER
Motion to adjourn.
Adopted Unanimously
 

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