Minutes September 1, 2009
Wabasha County Board of Commissioners
Meeting of September 1, 2009
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, September 1, 2009 at 9:00 a.m. The meeting was called to order by Board Chairman Windhorst. The following Commissioners were present: Windhorst, Dwelle, Riester, Norman and Hall.
RIESTER - HALL
Motion to approve the agenda with addition of item to approve boat-purchase grant.
Adopted Unanimously
Commissioners reported on meetings they had attended. Administrator’s Update: Hazardous Waste Collection Schedule There was no public comment during the public forum.
Regional Rail Authority meeting was cancelled.
HALL – DWELLE
Motion to approve the consent agenda including the following: Claims Meal Vouchers SSIS Claims Minutes: August 18, 2009 and August 25, 2009
Adopted Unanimously
RIESTER- DWELLE
Resolution No: 2009-158 (CFMS Contract No. B32790)
Whereas, the Wabasha County Sheriff’s Office is requesting to participate in the 2010 Fiscal year Off-Highway Vehicle Enforcement Grant Program; and
Whereas, the Sheriff’s Office has received the 2010-2011 contract which needs to be approved and signed by the Sheriff, County Auditor or County Administrator and County Board Chairperson; and
Whereas, the Sheriff requests the approval and signing of the 2010-2011 Off-Highway Vehicle Enforcement Grant by the County Administrator and Chairman of the County Board.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the 2010-2011 Off-Highway Vehicle Enforcement Grant is hereby approved and authorizes it’s signing by the County Administrator and Chairman of the County Board.
Adopted Unanimously
DWELLE - NORMAN
Resolution No.: 2009-159
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, 2010, 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, 2010 and ending on December 31, 2010, 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:
1. 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 Price Funding to Support 4-H $64,900 4-H Program Coordinator working exclusively in Wabasha County Nutrition Ed $22,380* .30 FTE Nutrition Education Asst. exclusively in Wabasha County Program (*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.)
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 three (3) 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. 8. 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 Ave.,Wabasha MN 55981 If to University: University of Minnesota, Minnesota Extension, Attn: COO, 246 Coffey Hall, 1420 Eckles Ave., St. Paul, MN 55108; FAX 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
9. 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.
10. 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.
11. 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.
12. 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
DWELLE – NORMAN
Resolution No.: 2009-160
Whereas, a parcel of land described as the North 60 feet of Lot 1 Block 7 in the city of Elgin has forfeited for non-payment of property taxes, and
Whereas, the city of Elgin has submitted a request for the conveyance of this tax-forfeited parcel for an authorized public use pursuant to M.S. 282.01, subd.1a.
Now therefore be it resolved by the Wabasha County Board of Commissioners hereby approves the city of Elgin’s request for the conveyance of PIN 19.00052.00, North 60 feet of Lot 1 Block 7 in Elgin City, be approved for public use pursuant to M.S. 282.01, subd. 1a and that such use be for a city park or a city parking lot.
Adopted Unanimously
NORMAN - HALL
Resolution No.: 2009-161
Whereas, a parcel of land described as Out Lot C Bayview Highlands Subdivision in Zumbro Township has forfeited for non-payment of property taxes, and
Whereas, the County Auditor/Treasurer has determined that the best use of this land is to sell it to the adjoining property owners as a private sale, and
Whereas, the covenant for said Subdivision states clearly that Out Lot C must first to be offered for sale to the adjoining property owners, and
Whereas, Zumbro Township has approved the private sale to adjoining property owners, and
Whereas, the County Board of Commissioners has appraised and classified said parcel pursuant to M.S. 282.01 making it eligible for sale. Now therefore be it resolved by the Wabasha County Board of Commissioners hereby approves the basic sale price of $400.00 for Out Lot C Bayview Highlands Subdivision
Adopted Unanimously
DWELLE - HALL
Resolution Number: 2009-162
Whereas, the Wabasha County Courthouse has not been in compliance with ADA standards since their inception in 1992, and;
Whereas, it is necessary for Wabasha County to continue to utilize the Courthouse office space to serve the needs of our citizens, and; Whereas, Wabasha County needs to bring those areas utilized to provide services to our citizens into compliance with Federal ADA standards for the well-being of our citizens and employees, and;
Whereas, the Wabasha County Board of Commissioners has authorized the County Administrator to seek proposals from architectural firms for an ADA compliance/feasibility study on how to best utilize existing space and meet Federal ADA requirements, and;
Whereas, proposals have been received from Kane & Johnson and KKE architectural firms, and;
Whereas, Kane & Johnson provided pricing that is about 1/3 that of KKE for the same services.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Board approve Kane & Johnson to perform the ADA Compliance and Feasibility study at their stated rate of $3,800 plus reimbursable expenses*.
*Reimbursables are not to exceed $500.
Adopted Unanimously
Resolution No.: 2009-163
Whereas, Wabasha County has been providing office space for MN Department of Corrections Probation Officers in the basement of the Courthouse, and;
Whereas, the MN DOC is leasing office space from other counties, and;
Whereas, the MN DOC is willing to lease space in our new Criminal Justice Center and the space was planned for their use.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Board approve a lease with the MN DOC for office and common space at a rate of $24,222.84 for a period of five years.
Will be brought to September 15 Board Meeting for approval
DWELLE - NORMAN
Resolution No: 2009-165 CFDA #97.012
Whereas, the Wabasha County Sheriff’s Office has been authorized to participate in the 2009 Federal Boating Safety Sub Grant; and Whereas, the 2009 Minnesota Department of Natural Resources Federal Boating Safety Sub Grant was approved on June 2, 2009 by resolution no. 2009-117.
Whereas, this grant expires September 14, 2009 and all requirements (Exhibit A) must be met on or before this date in order to receive reimbursement (no exceptions!).
Whereas, the Sheriff requests approval for the Auditor’s Office to cut an Auditor’s Warrant in the amount of $43,248.45 regarding invoice #68101 payable to American Marine Holdings, LLC on Friday, September 4, 2009.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the Auditor’s Office is hereby authorized to cut an Auditor’s Warrant in the amount of $43,248.45 payable to American Marine Holdings, LLC on Friday, September 4, 2009.
Adopted Unanimously
DWELLE - HALL
The Board recessed to tour the Criminal Justice Center.
Adopted Unanimously
 

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