board of county commissioners november 3, 2015 9:00 am

A dynamic, world-class County delivering excellence every day

Providing the foundation of a vibrant community BOARD OF COUNTY COMMISSIONERS

November 3, 2015 – 9:00 AM

Generated 10/29/2015 10:58 AM

8:00 AM COMMITTEE MEETINGS

ADMINISTRATIVE COMMITTEE - ADMIN CONFERENCE ROOM

ENVIRONMENTAL RESOURCES/PUBLIC WORKS COMMITTEE -

CONFERENCE ROOM 2A & 2B

HUMAN SERVICES COMMITTEE - CONFERENCE ROOM 1

PUBLIC COMMENT - Council/Board Chambers

VOLUNTEER INTERVIEW

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. CONSENT AGENDA

a. Minutes – October 20, 2015 meeting

b. Personnel Status Changes

c. Resolution: Agreement with Minnesota Energy Resources Corporation (MERC)

d. Right of Way Plat: 55th Street / CSAH 33 Project

e. Agreement: Natural Resources Block Grant

f. Forfeited Property: Revocable License to Gain Access

g. Donation: Rochester Commercial Banks Association

h. Agreement: Planning Administrative Services

REGULAR AGENDA

4. DISCUSSION/DECISION ITEMS

a. 2016-2017 Law Enforcement Contracts with Cities and Townships

b. Resolution: Sheriff's Office ARMER Radio System Upgrade 7.19

c. Resolution: Increased Channel Capacity for ARMER radio system in Olmsted County

5. INFORMATIONAL ITEMS

a. Report: Environmental Resources Managing for Results

b. Report: Public Works Annual Managing For Results

6. BOARD/COMMITTEE REPORTS

7. ADJOURN

8. 10:00 AM COMMITTEE OF THE WHOLE

a. Body Worn Cameras (BWC) Presentation

9. 10:45 AM ROAD TOUR

a. Road Tour

Board of County Commissioners Minutes for October 20, 2015

Generated 10/27/2015 11:21 AM

Proceedings of the Olmsted County Board of Commissioners held on October 20, 2015 at 3:00 PM in the Council/Board Chambers of the Government Center. The Olmsted County Board of Commissioners met on the above date, with the following Commissioners present: Podulke, Wilson, Flynn, Bier, Kiscaden, and Ohly.

CALL TO ORDER Chairman Paul Wilson called the meeting to order at 3:21 PM.

CONSENT AGENDA Motion: [Unanimous]

AYES: Podulke, Wilson, Flynn, Bier, Kiscaden, Ohly

ABSENT: Brown

Approved the minutes of the October 6, 2015 meeting.

Approved personnel status changes as follows: REGULAR APPOINTMENT Jenna Campbell 10/05/2015 Planning $24.03 (Planner) Kristi Gross 10/05/2015 Planning $27.47 (Planner) Brianna Montgomery 10/19/2015 Public Health $33.28 (Public Health Nurse) Angela White 10/19/2015 Public Works $22.51 (Soil Conservation Technician) PROVISIONAL WITHOUT BENEFITS Lyle Taylor 10/05/2015 Public Works $10.00 (Seasonal Transportation through 01/05/2016) RECLASSIFICATION Mary Smith 09/24/2015 Community Services $19.80 (Eligibility Specialist Trainee to Eligibility Specialist) EXCEPTIONAL PERFORMANCE PAY Jodi Wentland 09/27/2015 Community Services N/C (Associate Director of Community Services) SALARY ADJUSTMENT Valeri Graser 08/24/2015 Community Services $28.00 (Social Worker) DECREASE IN HOURS Mathias Weinmann 09/30/2015 Corrections N/C (Juvenile Corrections Officer- 1.00 FTE to 0.05 FTE) RESIGNATION

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Regular Meeting Tuesday, October 20, 2015 3:00 PM

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James Moe 10/07/2015 Environmental Resources (Auxiliary Operator) Amy Runkle 10/09/2015 Sheriff (Detention Deputy) Jacob Schmidt 10/29/2015 Sheriff (Detention Deputy) EXPIRED PROVISIONAL Jackie Rohe 09/30/2015 Public Health (Licensed Practical Nurse) Elizabeth Meinen 10/28/2015 Public Health (Nutrition Specialist) RETIREMENT Thomas Mickelson 10/09/2015 Public Works (Senior Operator)

Approved change order number 1 in the amount of $39,215 for the Olmsted Waste-to-Energy Facility Turbine Generator #1 Major Overhaul, contract #15-108S with Elliott Group, and re-authorized project manager’s change order authority to $10,000.

Rejected all bids for the Cascade Creek Rehabilitation project, contract #15-129S, due to the bids being higher than the grant funding received for the project. The scope of the project will be re-evaluated and the project will be re-bid at a later date.

Approved the 2016 Nursing Services Fee Schedule listed below: PHN Contracting Rate $76.00 per hour Alternate Care PHN $19.00 per 15 units Sr NP Contract Rate $72.00 per hour RN Contracting Rate $70.00 per hour Standard LPN Contracting Rate $45.00 per hour Interpreter Contracting Rate $50.00 per hour Lab Coordinator $54.00 per hour Medical Assistant $43.00 per hour Skilled Nursing $152.00 per hour Interpreter Visits $18.75 per 15 units PCA Assessments $267.82 per visit Child & Teen Checkup $304.00 per checkup Public Health Nursing Clinic $76.00 per visit TB Skin Test $15.00 per test TB Case Management $76.00 per visit TB Direct Observation Therapy $35.84 per visit Immunizations $20.00 + vaccine Immigrant Immunization Assessment $50.00 per assessment Laboratory Test $-.- per test Pregnancy Test $9.00 per test The fees/rates above are subject to reimbursement rates established by State, UCare, Blues and Medica.

Approved a Purchase of Service Agreement with Recovery is Happening and the National Alliance on Mental Illness in the amount of $40,000.00 for the term of September 21, 2015

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through June 30, 2016 and $10,000.00 for the term of July 1, 2016 through June 30, 2017 to help fund the Recovery Community Center.

Approved a rental agreement between ATTIC Correctional Services, Inc. and Dodge-Fillmore-Olmsted (DFO) Community Corrections for Transitional Living Program Services from December 1, 2015 to November 30, 2016. ATTIC shall pay DFO $1,600.00 per month for rental of space and furnishings at Many Rivers to accommodate four Temporary Living Program beds and office space for an agent and case manager. Rental payment shall not exceed $19,000.00 for the 1-year term of the agreement.

Approved the 2015 Federal Boat Patrol Equipment grant totaling $20,265 to be spent and invoiced to the State of Minnesota by December 31, 2015, and approved Resolution No. 15-83, reading as follows:

Resolution No. 15-83 WHEREAS, Olmsted County is being awarded a grant for time frame of September 1,

2015 through December 31, 2015; and; WHEREAS, the Board Chair and Sheriff’s Office representatives, Sheriff Kevin

Torgerson and Regional Programs Manager Judy Indrelie are hereby authorized to execute and sign such Grant agreements, amendments and documents as are necessary to implement these projects on behalf of Olmsted County,

NOW, THEREFORE, BE IT RESOLVED, that Olmsted County enter into a Grant

Agreement with the State of Minnesota through its Commissioner of Natural Resources, effective 09/01/15 thru 12/31/15 or until grant is fully executed.

Dated at Rochester, Minnesota this 20th day of October, 2015.

Approved acceptance of a grant award totaling $152,658 from the National Highway Traffic Safety Administration (NHTSA) for the second year of a four year program to employ an officer to provide DWI enforcement from October 1, 2015 to September 30, 2016.

Approved acceptance of a grant award totaling $12,000 from the Minnesota Department of Homeland Security and Emergency Management for Radiological Emergency Preparedness to attend workshops and develop an ingestion plan for Olmsted County during the years 2016 and 2017, and approved Resolution No. 15-84, reading as follows:

Resolution No. 15-84 WHEREAS, that Olmsted County enter into a Grant Agreement with the State of Minnesota through its Dept of Public Safety, Homeland Security and Emergency Management Division, effective 7/01/2015 through 06/30/2017.

NOW, THEREFORE, BE IT RESOLVED, the County Board Chair, Administrator, Sheriff or Judy Indrelie, Regional Programs Manager are hereby authorized to execute and sign such Grant Agreements and amendments as are necessary to implement this project on behalf of Olmsted County.

Dated at Rochester, Minnesota this 20th day of October, 2015.

Approved an agreement between the University of Minnesota and Olmsted County for the 4-H Program Coordinator. The three year agreement amount is listed as follows: 2016 Price 2017 Price 2018 Price 4-H Program Coordinator (1 Full-Time Position) $68,881 $70,431 $72,192

Approved the first amendment to the Amended Medical Examiner Services Agreement, which includes an agreement extension to December 31, 2020, and an increase in the charge for services listed below:

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Year Per Capita Amount Increase 2015 $239,883 2016 $1.74 259,074 $19,191 2017 1.89 282,390 23,317 2018 2.08 310,629 28,239 2019 2.30 343,245 32,616 2020 2.55 381,002 37,757 2021 2.85 424,818 43,815 2022 3.19 475,796 50,978

Approved 2016 Environmental Health fees.

DISCUSSION/DECISION ITEMS

Kiscaden moved; Ohly seconded, to approve change order number 7 in the amount of $47,492.03 for the Government Center Expansion and Weapons Screening project with Kraus Anderson, and re-authorize project manager’s change order authority to $50,000.00. Motion: [Unanimous]


ABSENT: Brown

Podulke moved; Ohly seconded, to approve the Purchase of Service Agreement between Center City Housing Corporation and Olmsted County Community Services (OCCS) for OCCS to provide two FTE case managers at Gage East Apartments, with an agreement term of June 1, 2016 through July 31, 2017. Motion: [Unanimous]


ABSENT: Brown

Ohly moved; Podulke seconded, to approve Resolution No. 15-85, reading as follows: Resolution No. 15-85

OLMSTED COUNTY RESOLUTION FOR FLOOD HAZARD MITIGATION GRANT ASSISTANCE BE IT RESOLVED that Olmsted County, hereinafter referred to as the “Applicant” act as legal

sponsor for the project contained in the Flood Damage Reduction Grant Assistance Program Application to be submitted on October 20, 2015 and that Richard Devlin, Clerk/Administrator is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the Applicant.

BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, administrative, and managerial capability to ensure adequate acquisition, maintenance and protection of the proposed project.

BE IT FURTHER RESOLVED that the Applicant has the financial capability to provide any required matching funds.

BE IT FURTHER RESOLVED that the source of Applicant’s matching funds shall not include other State funds. BE IT FURTHER RESOLVED that the source of Applicant’s matching funds shall be

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Rochester Public Utilities $1,166,667 Lake Zumbro Improvement District $1,617,000 Olmsted County $ 216,333

BE IT FURTHER RESOLVED that the Applicant hereby pledges to complete the project or phase if it exceeds the total funding provided by the Department of Natural Resources and any required local match.

BE IT FURTHER RESOLVED that the Applicant has not incurred any costs, and has not entered into any written agreements to purchase property proposed by this project.

BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

BE IT FURTHER RESOLVED that upon approval of its application by the state, the Applicant may enter into an agreement with the State of Minnesota for the above- references project, and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement.

NOW, THEREFORE BE IT RESOLVED that Richard Devlin, Clerk/Administrator is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Dated at Rochester, Minnesota this 20th day of October, 2015. Motion: [5 to 1]

AYES: Podulke, Wilson, Flynn, Kiscaden, Ohly

NAYS: Bier

ABSENT: Brown

Bier moved; Kiscaden seconded, to approve Resolution No. 15-86, reading as follows: Resolution No. 15-86

RESOLUTION AUTHORIZING THE RETURN OF OLMSTED COUNTY’S 2010 ALLOCATION OF QUALIFIED ENERGY CONSERVATION BONDS TO THE STATE FOR USE BY THE

METROPOLITAN AIRPORTS COMMISSION

WHEREAS, on February 17, 2009, the President of the United States signed into law the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 Stat. 115 2009 ("ARRA"); and,

WHEREAS, ARRA authorizes state and local governments to issue Qualified Energy Conservation Bonds ("QECBs"); and,

WHEREAS, the County has not been able to contact the developer that requested the allocation through the County in 2010 and the capacity has not been used since it was received in 2010; and,

WHEREAS, the Metropolitan Airports Commission, Minneapolis, Minnesota (the “MAC”), is

seeking an allocation of QECBs from Minnesota Management & Budget (the “MMB”) a department

of the State of Minnesota in order to fund an eligible project; and,

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WHEREAS, the County currently has no use for the allocation and would cooperate with

the MAC by returning the allocation to the MMB and recommending that it can, in the MMB’s

discretion, be reallocated to the MAC:

BE IT RESOLVED THAT, the Chair of the Olmsted County Board of Commissioners is authorized to sign the necessary documents and authorize the return of the County’s QECB allocation to the MMB to finance qualified projects in the State; and, The Olmsted County Board expresses its desire that the MMB reallocate at least a portion of the County's QECB allocation of $6,000,000 to the MAC which is located within the boundaries of the State, subject however, to the following conditions:

1. That an agreement be entered into between Olmsted County and the MAC with the following terms:

a. That the MAC will indemnify and hold the County harmless against any .and all claims, lawsuits or judgments arising from any allocation herein made to the MAC, and will do so with respect to any bonds or other obligations issued with respect to such allocation; and

b. That the MAC will reimburse the County for all reasonable and necessary outside legal and other related expenses incurred by the County with respect to this Resolution and any QECB allocation to the MAC; and

c. The “Notice of Waiver of Qualified Energy Conservation Bond Allocation” as provided by the MMB, attached as Exhibit A, will be completed and returned to the MMB upon passage of this Resolution and execution of the agreement between Olmsted County and the MAC; and

2. If the above conditions are met the “Notice of Issue of Qualified Energy Conservation

Bond Allocation” as provided by the MMB will be completed and submitted to the MMB by

the MAC upon issuance of the associated financing.

3. If the above conditions are met and the necessary forms are filed with the State, the return of the QECB allocation to the MMB by Olmsted County is irrevocable once bonds or other obligations are issued that utilize the allocation.

Dated at Rochester, Minnesota this 20th day of October, 2015. Motion: [Unanimous]


ABSENT: Brown

INFORMATIONAL ITEMS

Ken Levos, Olmsted County Extension Committee Chair, presented the Extension Office's annual Managing for Results report.

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VOLUNTEER APPOINTMENTS

Bier moved; Ohly seconded, to appoint Michelle Rossman to the Olmsted County Extension Committee, James Russell to the Olmsted County Vital Aging Commission, Nora Dooley to the Olmsted County Human Rights Commission, and Ashton Schatz to the Legal Assistance of Olmsted County Board of Directors.

Motion: [Unanimous]


ABSENT: Brown

BOARD/COMMITTEE REPORTS Board/Committee reports were presented.

ADJOURN

Podulke moved; Bier seconded, to adjourn the meeting at 4:14 PM until November 3, 2015 at 9:00 AM.

Motion: [Unanimous]


ABSENT: Brown

______________________________________ Paul Wilson, County Board Chair

______________________________________ Richard Devlin, County Administrator

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OLMSTED COUNTY, MINNESOTA

Request For County Board Action

Updated: 10/26/2015 10:07 AM

AGENDA DATE: November 3, 2015

REQUEST BY: Sarah Welper, Human Resources

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Personnel Status Changes.

THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community

___ Plan for the Future

___ Assure Effective, Accessible and Responsive Services

___ Assure a Safe and Healthy Community

___ Be Good Stewards of Our Environment

Run the Business


___ Pursue Operational Excellence

___ Communicate the Value We Provide

Manage the Resources


___ Exercise Sound Fiscal Management

Develop the Employees


_X_ Recruit and Retain Excellent and Diverse Staff

___ Encourage Learning and Growth

___ Cultivate Well-Trained and Responsive Leadership

BACKGROUND: Personnel changes that have been received and processed since the previous board meeting.

COUNTY BOARD ACTION REQUESTED: Approve personnel status changes as follows: REGULAR APPOINTMENT Michelle Jacobson 11/02/2015 Sheriff $18.40 (Civil Division Specialist) Joseph Martini 11/02/2015 Environmental Resources $17.68 (Hazardous Waste Technician) Owen Murphy 11/02/2015 Community Services $24.52 (Social Worker) Crescent Novak 11/02/2015 Community Services $26.50 (Social Worker) Cynthia Purrier 11/16/2015 Community Services $24.52 (Social Worker) REGULAR TO PROVISIONAL David Friese 10/21/2015 Corrections N/C (Juvenile Corrections Officer- 1.00 FTE to 0.05 FTE On-Call) EXTENDED PROVISIONAL APPOINTMENT Jason Schrooten 08/01/2015 Public Works N/C (Seasonal through 01/31/2016)

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Action Item (ID # 1789) Meeting of November 3, 2015

Updated: 10/26/2015 10:07 AM

Scott French 10/08/2015 Public Works N/C (Seasonal through 10/31/2015) Nicholas Franko 10/31/2015 Public Works N/C (Seasonal through 04/30/2016) Nathan Green 10/31/2015 Environmental Resources N/C (Intern through 11/30/2015) RECLASSIFICATION Cathy Burns 10/19/2015 Community Services $40.04 (Social Worker to Senior Social Worker) Carrie Harney 10/19/2015 Community Services $27.07 (Technology Training Coordinator to Senior Technology Training Coordinator) Craig Hilmer 10/19/2015 Community Services $37.94 (Program Evaluator to Senior Program Evaluator) CLASSIFICATION CHANGE Steven Tupper 10/05/2015 Environmental Resources $20.73 (Equipment Operator to Recycling Materials Handler) SALARY ADJUSTMENT William Holmen 10/05/2015 Environmental Resources $28.20 (Systems Operator 2) Jose Leon Valencia 10/19/2015 Environmental Resources $30.62 (Systems Operator 2) Tyler Troska 10/19/2015 Environmental Resources $26.25 (Systems Operator 2) RESIGNATION Eric Bishop 10/30/2015 Sheriff (Deputy Sheriff) Reviewed with additional material provided: ____ Approved ____ County Administrator

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Updated: 10/28/2015 9:20 AM


REQUEST BY: Dale Prestegard, Public Works Kaye Bieniek, Public Works

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Olmsted County is the lead agency for the design and construction of the CSAH 16/TH 63 Airport Interchange, SAP 055-616-011, which began construction in July 2015. An agreement with Minnesota Energy Resources Corporation, MERC, for utility relocation on the project requires action. THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community

_X_ Plan for the Future

_X_ Assure Effective, Accessible and Responsive Services



Run the Business






_X_ Exercise Sound Fiscal Management



___ Recruit and Retain Excellent and Diverse Staff



BACKGROUND: The County will perform grading, concrete & bituminous paving, lighting, and Bridge No. 55040 construction and other associated work upon, along and adjacent to Trunk Highway No. 63 from 2,050 feet south of County State Aid Highway (CSAH) 16 to 1,237 feet north of CSAH 16 according to County-prepared plans, specifications and special provisions designated as SAP 055-616-011/SP 5509-80. Minnesota Energy Resources Corporation (MERC) owns and operates a Gas Pipeline and related equipment on private property where the Utility Owner has property rights of a utility easement from the fee landowner on an existing utility easement recorded on January 16, 1968 as document 30705. The existing easement is adjacent to the southeast ramp, on land that the County does not currently own, but will acquire in fee title to facilitate the project. The County has determined that the project will require MERC to remove its current facilities, release its current easement rights, and locate new facilities within newly acquired property. Minnesota State Statute 161.46 Subd, 3, provides for a lump sum payment for the reimbursement of costs to a utility required to relocate their facilities when located within a private easement or on private lands. MERC has requested such reimbursement. MERC will execute a Minnesota Release of Easement whereby releasing all of their right, title and interest in the existing Easement. Olmsted County will execute the Minnesota Utility Easement granting MERC, it’s successors and assigns, the perpetual right, permission, authority, privilege and easement, to construct, install, lay, operate, maintain, inspect, patrol, repair, renew, replace, remove or change equipment.

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Resolution (ID # 1626) Meeting of November 3, 2015

Updated: 10/28/2015 9:20 AM

Olmsted County will be responsible for the recording of the documents and provide copies to MERC.

COUNTY BOARD ACTION REQUESTED: Approve Agreement 2015616011 and a Resolution between Olmsted County and MERC for the reimbursement of costs related to utility relocation, execute the Utility Easement to MERC, and approve the Minnesota Release of Easement. Reviewed with additional material provided: ____ Approved ____ County Administrator

…

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Updated: 10/28/2015 9:20 AM

RESOLUTION No. 15-

WHEREAS, the County will perform grading, concrete & bituminous paving, lighting, and

Bridge No. 55040 construction and other associated construction upon, along and adjacent to

Trunk Highway No. 63 from 2,050 feet south of County State Aid Highway (CSAH) 16 to 1,237

feet north of CSAH 16 according to County-prepared plans, specifications and special

provisions designated as SAP 055-616-011/SP 5509-80; and

WHEREAS, Minnesota Energy Resources Corporation, MERC, owns and operates a

gas pipeline on private property by an existing utility easement. County Project SAP 055-616-

011/5509-80 will require the removal and relocation of the existing gas pipeline; and

WHEREAS, Olmsted County and MERC each wish to memorialize their responsibilities

in Agreement 2015616011 for this work. MERC will execute a Minnesota Release of Easement,

whereby extinguishing all right and title in the existing easement. Olmsted County will execute a

new utility easement, whereby granting MERC the right to relocate their gas pipeline to the new

easement location; and

WHEREAS, pursuant to Minnesota State Statute 161.46 Subd, 3, a utility is entitled to

the reimbursement of costs required to relocate their facilities when located within a private

easement or on private lands; and

NOW, THEREFORE, BE IT RESOLVED that Olmsted County enter into Agreement No.

2015616011 with MERC for a lump sum payment for the relocation of utilities.

BE IT FURTHER RESOLVED that Olmsted County will approve the Release of

Minnesota Easement executed by MERC. Execute a Minnesota Utility Easement granting

MERC, it’s successors and assigns, the perpetual right , permission, authority, privilege and

easement, to construct, install, lay, operate, maintain, inspect, patrol, repair, renew, replace,

remove or change equipment. The Olmsted County Board Chairperson and Administrator/Clerk

are authorized to execute said Utility Easement, Agreement No. 2015616011 and any

Amendments to the Agreement.

Dated at Rochester, Minnesota this 3rd day of November, 2015

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Updated: 10/28/2015 9:20 AM

OLMSTED COUNTY BOARD OF COMMISSIONERS

Paul Wilson, Chairperson ATTEST: _______________________________________ Richard G. Devlin, Clerk/Administrator

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Updated: 10/27/2015 10:14 AM


REQUEST BY: Joel Thoreson, Public Works Kaye Bieniek, Public Works

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Resolution for the Amended Right of Way Plat No. 202. THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community



_X_ Assure a Safe and Healthy Community


Run the Business












BACKGROUND: This plat describes the proposed right of way of Olmsted CSAH 33. The amended plat is

needed to modify the right of way being acquired for the extension and construction of the

project designated as SAP 55-622-050.

COUNTY BOARD ACTION REQUESTED: Approve the following Resolution for Right of Way Plat No. 202.

Reviewed with additional material provided: ____ Approved ____ County Administrator

…

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Updated: 10/27/2015 10:14 AM

RESOLUTION No. 15-

WHEREAS, the County of Olmsted plans to construct and extend 55th Street NW near the intersection with Olmsted County Road No. 124 and Olmsted County State Aid Highway No. 33; and

WHEREAS, the project numbered S.A.P. 55-622-050, will require additional right of way

easement in order to improve the road and is necessary to provide for public health, welfare, safety and convenience; and;

WHEREAS, the necessary right of way easement for the project is described in

Amended Right of Way Plat No. 202; constructed in accordance with Minn. Stat. 160.085, Subd. 3.

NOW, THEREFORE, BE IT RESOLVED, that the County of Olmsted approves and

accepts Amended Olmsted County Right of Way Plats No. 202 as designating the location of Olmsted County State Aid Highway No. 33 and the required right of way easement areas.

Dated at Rochester, Minnesota this 3rd day of November, 2015


Paul Wilson, Chairperson ATTEST: Richard G. Devlin, Clerk/Administrator

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Updated: 10/27/2015 3:15 PM B


REQUEST BY: Terry Lee, Environmental Resources

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Minnesota Board of Water and Soil Resources Natural Resources Block Grant Agreement.





_X_ Be Good Stewards of Our Environment

Run the Business












BACKGROUND: The Natural Resources Block Grant funds will be used to fund ongoing water programs in Environmental Resources, Planning, and the Soil and Water Conservation District (SWCD). Funding is used for water planning as well as wetland, shoreland, and Soil System Treatment System program administration. These grant funds are typically included in the annual departmental budgets adopted by the County Board. The grant will provide $64,886 in funding to the County during FY2016 and will require that the County and SWCD provide a cash and in-kind match. The grant period ends December 31, 2018.

COUNTY BOARD ACTION REQUESTED: Staff request County Board authorize the Clerk/Administrator to sign the proposed Natural Resources Block Grant Agreement between Olmsted County and the Minnesota Board of Water and Soil Resources (BWSR). Reviewed with additional material provided: ____ Approved ____ County Administrator

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FY 2016 & 2017 STATE OF MINNESOTA

BOARD OF WATER and SOIL RESOURCES

NATURAL RESOURCES BLOCK GRANT AGREEMENT

Vendor: 0000197337 VN#:

PO#: 3000006239 Date Paid:

Amount Account

Code

Fund

Code

Financial Department

ID

Appropriation

Code FY Appropriation Description

$8,094 441302 1000 R9P32LWP R9PNRB5 2016 Local Water Management

$25,103 441302 1000 R9P32WCA R9PNRB5 2016 Wetland Conservation Act

$3,213 441302 1000 R9P32SLD R9PNRB5 2016 DNR Shoreland

$18,600 441302 2001 R9P32SST R9PNRS3 2016 MPCA SSTS

$4,876 441302 2001 R9P32SST R9PNRS3 2016 MPCS SSTS Upgrade

$5,000 441302 2001 R9P32SST R9PNRS3 2016 MPCA SSTS Incentive

For BWSR Use Only

This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board)

and

Olmsted County, Treasury/Finance Department Rochester Minnesota 55904.

This grant is for the following Grant Programs :

P16-3573 2016 - Local Water Management - NRBG (Olmsted County) $8,094

P16-3551 2016 - Wetland Conservation Act - NRBG (Olmsted County) $25,103

P16-2530 2016 - Shoreland-NRBG (Olmsted County) $3,213

P16-9079 2016 - Septic Treatment Systems - NRBG (Olmsted County) $18,600

P16-0664 2016 - Septic Treatment Systems Upgrade - NRBG (Olmsted County) $4,876

P16-8364 2016 - Septic Treatment Systems Incentive - NRBG (Olmsted County) $5,000

Total Grant Awarded: $64,886

Recitals 1. The Laws of Minnesota for 2015, 1st Special Session, in Chapter 4, Article 3, Section 4, appropriated LWM, WCA, and DNR

Shoreland FY 2016 Natural Resources Block Grant (NRBG) funds to BWSR. 2. The MPCA transferred to BWSR funds for their 2016 SSTS Programs to be allocated with the FY 2016 NRBG; 3. Minnesota Statutes 103B.101, subd. 9 (1), and 103B.3369, subd. 5 authorize the Board to award grants. 4. The Grantee has met the criteria established by statute, the Board, the DNR, and the MPCA and is eligible to receive NRBG grant

funds. 5. The Grantee has agreed to appropriate the required local match. 6. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the

satisfaction of the State. 7. As a condition of the grant, Grantee agrees to minimize administration costs.

Authorized Representative The State's Authorized Representative is Wayne Zellmer, BWSR Grants Coordinator, 520 Lafayette Road North, Saint Paul, MN 55155, 651-297-7361, or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement.

The Grantee’s Authorized Representative is Terry Lee, Water Resources Manger 2122 Campus Dr SE, Suite 200 Rochester, MN 55904 (507) 328-6723

If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State.

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Grant Agreement 1 Term of Grant Agreement

1.1 Effective date: The date the State obtains all required signatures under Minnesota Statute 16B.98, Subd.5, whichever is later. The Grantee must not begin FY 2016 work under this Grant Agreement until this agreement is fully executed and the Grantee has been notified by the State’s Authorized Representative to begin the work. The Grantee must not begin work under FY 2017 grants until Grantee has received Notice of Payment from BWSR.

1.2 The Grantee and BWSR signatures below signify approval to the terms of this Agreement for FY 2016 and the yet to be determined FY 2017 Natural Resources Block Grants.

1.3 Expiration date: December 31, 2018, or until all obligations have been satisfactorily fulfilled, whichever comes first. 1.4 Survival of Terms: The following clauses survive the expiration or cancellation of this grant contract: 7. Liability; 8. State

Audits; 9. Government Data Practices; 11. Governing Law, Jurisdiction, and Venue; 15. Intellectual Property Rights. 2 Grantee’s Duties

The Grantee is responsible for the specific duties for the NRBG, as follows: 2.1 Match: The Grantee’s participation in the NRBG is conditioned upon Grantee expenditures to match the NRBG as required

by the Board. 2.2 Reporting: All data and information provided in a Grantee’s report shall be considered public.

2.2.1 The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board.

2.2.2 The Grantee must display on its website the previous calendar year’s detailed information on the expenditure of grant funds and measurable outcomes as a result of the expenditure of funds according to the format specified by the Board, by March 15 of each year.

2.2.3 The Grantee will submit a final progress report to the Board by February 1, 2019. Information provided must conform to the requirements and formats set by the Board.

2.2.4 A late or incomplete annual progress or final report will result in the withholding of any future NRBG allocations. 2.3 Compliance: The Grantee will comply with Minnesota Statutes Section 103B.3361 through 103B.3369 (LWP), Minnesota

Rules Chapter 8420 (WCA); Minnesota Statutes Section 103F.201 and Minnesota Rules Chapter 6120 (Shoreland) and have a DNR approved shoreland ordinance; Minnesota Rules Chapter 7082.0040 through 7082.0700 (SSTS); and amendments thereto, for Comprehensive Water Planning, Wetland Conservation Act, Shoreland Management, and Subsurface Sewage Treatment Systems.

2.4 Wetland Conservation Act Funds Transfer: As required by the Board, the Grantee's participation in the NRBG is conditioned upon a transfer of funds to the Soil and Water Conservation District (SWCD) for Wetland Conservation Act activities, or such greater amount as agreed upon by the county and SWCD. This transfer must occur within 120 days of receipt of NRBG funds by the Grantee. This amount is listed on the BWSR website.

3 Time

The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence.

4 Terms of Payment 4.1 Payment of the FY 2016 grant amount will be made in one installment promptly after execution of the Grant Agreement. 4.2 Payment of FY 2017 allocations for the above-stated grant programs will also be made under authority of this Grant

Agreement promptly after July 1, 2017. 4.3 Any grant funds remaining unspent after the end of the expiration date stated above will be returned to the Board within

one month of that date. 4.4 The Board must consult with the state agency responsible for administering the grant program before granting an

amendment to the Grant Agreement, or a component thereof. 4.5 The obligation of the State under this Grant Agreement will not exceed the amount stated above for each grant

program. 4.6 This grant is an advance payment. Advance payments allow the Grantee to have adequate operating capital for start-up

costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future.

5 Conditions of Payment All services provided by the Grantee under this Grant Agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law.

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The Minnesota Department of Administration’s Office of Grants Management Policy on Grant Closeout Evaluation (Policy 08-13), requires the Board to consider a grant applicant’s past performance before awarding subsequent grants to them. The Board must consider a grant applicant’s performance on prior grants before making a new grant award of over $5,000. The Board may withhold payment on this and grants from other programs if the Grantee is not in compliance with all Board reporting requirements. Grantees have the flexibility of determining the amount of grant and required match of these three Programs, to allocate to each of their programs locally. This is to provide needed spending flexibility for yearly fluctuations in workload and program activity in counties and SWCDs.

6 Assignment, Amendments, and Waiver

6.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office.

6.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Agreement, or their successors in office.

6.3 Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it.

7 Liability

The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement.

8 State Audits

Under Minnesota Statutes 16B.98, subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1 The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of

government and contractors relevant to the NRBG, and match and grant expenditures, may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant and match funds.

8.2 The Grantee or designated local unit of government implementing this Grant Agreement will provide for an audit that meets the standards of the Office of State Auditor. The audit must cover the duration of the Agreement Period and be performed within one year after the end of the Agreement Period or when routinely audited, whichever occurs first. Copies of the audit report must be provided to the Board if requested.

9 Government Data Practices

The Grantee and State must comply with the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minnesota Statute 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State.

10 Workers’ Compensation The Grantee certifies that it is in compliance with Minnesota Statute 176.181, subd. 2, pertaining to workers’ compensation

insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.

11 Governing Law, Jurisdiction, and Venue

Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in

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Ramsey County, Minnesota. 12 Termination

The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.

13 Data Disclosure

Under Minnesota Statute 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.

14 Prevailing Wage It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which state prevailing wage laws apply (Minnesota Statute 177.42 – 177.44). All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality.

15 Intellectual Property Rights

The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents.

IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby for FY 2016 and FY 2017 Natural Resources Block Grants. Approved:

Olmsted County Board of Water and Soil Resources

BY: Richard Devlin

BY:

TITLE:

(print)

_____________________________________

(signature)

Clerk/Administrator

TITLE:

DATED:

DATED:

Attachment: FY 2017 Addendum – Notice of Payment (To be provided after July 1, 2016.)

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Updated: 10/27/2015 8:48 AM


REQUEST BY: Heather Bestler, Property Records & Licensing

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Forfeited property revocable license.






Run the Business












BACKGROUND: The county forfeited a residential property located in the City of Chatfield (724 Margaret St.) in May 2015. Wayne Halvorson, an adjacent landowner to the property (2136 Margaret St. NE), has asked the county for permission to access the forfeited property. Mr. Halvorson would like to gain access to timber, and subsequently remove the timber, located on his property by crossing the forfeited property.

COUNTY BOARD ACTION REQUESTED: Approve the revocable license allowing Mr. Halvorson to gain access to the forfeited property. Reviewed with additional material provided: ____ Approved ____ County Administrator

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HALVORSON

FORFEITED

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REVOCABLE LICENSE THIS AGREEMENT is made and entered into between the County of Olmsted, hereinafter called the "County" acting on behalf of the State of Minnesota, and Wayne Halvorson, hereinafter called the "Licensee". WHEREAS, the County is currently responsible for maintaining tax forfeited land on behalf of the State of Minnesota located at 724 Margaret St. NE Chatfield, MN which was formerly owned by Mike and Allison O’Byrne; WHEREAS, this land is legally described as Lot, Block 1, Termar Fourth Addition to the City of Chatfield as shown on Exhibit A and has a Tax ID No. of 51.31.12.055011; and, WHEREAS, the Licensee wishes to be able to cross the State’s property in order to access his adjoining property and remove timber located on it; and, WHEREAS, the County is willing to allow Licensee to subject to the terms and conditions of this revocable license; and, NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows: 1. The County on behalf of the State of Minnesota hereby grants to Licensee and his

authorized agents a revocable license to enter upon the subject property for the purpose of crossing it in order to remove timber on his adjoining property to the nearest adjacent public right of way. Licensee's rights to enter are limited to those portions of the subject property which are reasonably necessary for this purpose and Licensee shall remain not less than 10 feet from any improvements on the subject property in the course of timber removal in order to minimize the potential for property damage.

2. The Licensee is responsible for any damage arising from the activity of the Licensee

or his authorized agents on said lands in the exercise of the rights granted by this license, and shall promptly repair such damages, or in lieu thereof and at the option of the County, shall make an appropriate settlement with the County. Licensee shall promptly return the land to the condition it was in prior to any work being conducted thereon.

3. Any and all claims that arise on behalf of the Licensee, its employees or agents, as

a consequence of any act or omission on the part of the Licensee, its employees or agents, shall in no way be the obligation or responsibility of the County or the State of Minnesota. Licensee shall fully indemnify, hold harmless and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the County, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of Licensee's activities on the subject property.

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4. In order to protect itself and to protect the County under the indemnity provisions set

forth above, Licensee shall, at its expense, procure and maintain policies of insurance covering the work and facility contemplated by this Agreement. The insurance policies shall name the County and the State of Minnesota as additional insureds. Such policies shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Licensee. The insurance policies shall include general liability coverage as well as automotive insurance coverage if motor vehicles will be used in connection with the removal of timber, and workers compensation coverage if Licensee will be employing workers who will be on the subject property in connection with the timber removal. The policies must be approved by the County.

5. Licensee shall execute any document required by the County Attorney's Office prior

to delivery of the permit 6. This license is not assignable and terminates if Licensee no longer owns the adjacent

property containing the timber. 7. The County may revoke or modify this License upon 10 days written notice to

Licensee. It shall terminate on May 31, 2016 if it has not been terminated previously in accordance with this section.

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Dated: ____________, 2015

OLMSTED COUNTY BOARD OF COMMISSIONERS By:___________________________

Paul Wilson, Chairperson

ATTEST:

_______________________________ Richard G. Devlin, Clerk-Administrator

STATE OF MINNESOTA) ) ss COUNTY OF OLMSTED )

The foregoing instrument was acknowledged before me this ____ day of _____________,

2015, by Paul Wilson and Richard Devlin, the County Board Chair and County Clerk-Administrator,

respectively, of Olmsted County, a political subdivision of the State of Minnesota on behalf of the

County. ___________________________________ Notary Public

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Dated at Rochester, Minnesota this ______ day of ______________, 2015. ____________________________ Wayne Halvorson STATE OF MINNESOTA ) ) ss COUNTY OF OLMSTED )

The foregoing instrument was acknowledged before me this ___ day of ___________, 2015,

by Wayne Halvorson, for and on his own behalf.

___________________________________ Notary Public

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Updated: 10/26/2015 9:55 AM


REQUEST BY: Kevin Torgerson, Sheriff's Office

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Donation from the Rochester Commercial Banks Association to the Drug Abuse Resistance Education (DARE) program.






Run the Business












BACKGROUND: Donation of $100 to the DARE program from the Rochester Commercial Banks Association

COUNTY BOARD ACTION REQUESTED: Accept donation of $100 from the Rochester Commercial Banks Association for the DARE program Reviewed with additional material provided: ____ Approved ____ County Administrator

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Updated: 10/27/2015 8:52 AM A


REQUEST BY: Mitzi Baker, Rochester-Olmsted Planning Department

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Edits to the Planning Adminstrative Services Agreement and authorization of execution.






Run the Business












BACKGROUND: The Planning Administrative Services Agreement is the joint powers agreement between Olmsted County and the City of Rochester for the Rochester-Olmsted Planning Department. Modifications to the agreement were approved by the Planning Administrative Services Committee (PASC) Joint Powers Board in early 2014, primarily to reflect structural changes related to the decision to move the Housing and Redevelopment Authority (HRA) function to Community Services.

COUNTY BOARD ACTION REQUESTED: Approve the proposed edits to the Planning Administrative Services Agreement, and authorize execution. Reviewed with additional material provided: ____ Approved ____ County Administrator

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PLANNING ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF ROCHESTER AND COUNTY OF OLMSTED

THIS AGREEMENT made and entered into this day of , by and between the CITY OF ROCHESTER, hereinafter referred to as the "City" and the COUNTY OF OLMSTED, hereinafter referred to as the "County".

Witnesseth:

Whereas, the City and County have authority within their respective jurisdictions to plan for and regulate the use and physical development of property by public and private interests, and

Whereas, the City and County have exercised such authority and intend to continue to do so by the preparation and periodic revision of development plans and by the enactment and enforcement of ordinances, rules and regulations implementing such plans, and

Whereas, prior to January 1, 1975, there had been organized in the City and County separate administrative departments responsible for providing planning services to the respective governmental units, and

Whereas, the City and County determined that separate planning departments result in unnecessary duplication of staff and tended to impede administrative cooperation in the preparation and administration of development plans, and

Whereas, the City and County entered into an agreement on December 16, 1974, to eliminate such duplication of staff and to encourage administrative cooperation in planning matters by organizing one department under the County to serve as the planning staff for both the City and County; and

Whereas, the Consolidated Planning Department created by the Planning Administrative Services Agreement entered into on December 16, 1974, has functioned as intended, creating a geographically integrated planning system that has coordinated the development of plans and plan implementation measures between the City and the County; and

Whereas, the department created under that agreement is now involved in a broad range of planning and planning-related activities, necessitating a clarification of the role of the said department through a revision of the original agreement forming the department;

Now, therefore, it is mutually agreed by and between the parties hereto as follows: 1. This agreement is entered into under the authority of Minnesota Statutes 471.59, as amended. 2. The County agrees to maintain a department to be known as the Rochester-Olmsted Planning Department (hereinafter referred to as "the Department"). 3. The Department shall be under the general direction of a committee to be known as the Planning Administrative Services Committee (PASC). The PASC shall be composed of six members selected as follows:

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Two members to be selected by the Olmsted County Board of Commissioners from among

its members, one member whose district is primarily within the City of Rochester and one member whose district is primarily outside the City of Rochester.

Two members to be selected by the Common Council of the City of Rochester from among

its members. One member to be selected by the city councils of all cities in Olmsted County other than

the City of Rochester from among their members. One member to be selected by the town boards in Olmsted County from among their

members. The members of the PASC shall serve for such period of time as the respective appointing authorities determine. Upon resignation of a member or upon his ceasing to be a member of the governmental unit from which he was selected, the respective appointing authority shall fill the vacancy from among its members as herein above prescribed. The appointing authority may appoint one alternate per member to serve in the absence of its regular members. Four members of the PASC shall constitute a quorum for transacting business and each member shall have one vote. 4. The PASC shall have the following duties and responsibilities: (i) Provide general direction to the Department through the director of planning. (ii) Recommend an annual levy for operation of the Department to the County Board

of Commissioners. (iii) Approve annual budgets for the Department, subject to levy approval by the

County Board of Commissioners. (iv) Recommend to the County Board of Commissioners the appointment of a

planning director for the Department, who shall be appointed by the Board of Commissioners with the consent of the City Common Council.

(v) Approve the annual work program of the Department. (vi) Recommend to the County Board of Commissioners on grant agreements and

contracts involving the Department when grant agreements and contracts are proposed that may modify the approved annual work program.

(vii) Such additional duties and responsibilities as the City Common Council and

County Board of Commissioners shall mutually agree in writing to assign to the PASC.

5. Under the general direction of the PASC and within the limitations of the approved levy, the County agrees to provide to the City all materials, supplies, tools, equipment and administrative services as the PASC may deem necessary in fulfillment of the functions identified below:

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(i) To assist the City and its agencies in the development, preparation and revision of plans, ordinances, rules and regulations pertaining to the use and physical development of property by public and private interests within the jurisdiction of the City;

(ii) To serve the needs of the City Common Council, Planning and Zoning

Commission, Zoning Board of Appeals, and such other agencies, committees, and task forces of the City which may from time to time have responsibilities in the matter of planning and regulating the use and physical development of property;

(iii) In conjunction with the City Attorney's office, to administer and enforce all laws,

ordinances, rules, and regulations within the jurisdiction of the City pertaining to the use and physical development of property;

(iv) To carry out such other functions as are included in the development and

effectuation of a comprehensive municipal plan, as defined by Minnesota Statutes 462.351 et seq.;

(v) To assist the City in carrying out activities related to physical development

planning, including but not limited to administration of the community development block grant program, coordination of requests for annexation, preparation of annual rural/urban service districts, assistance with redistricting, development and maintenance of geographic information systems, and assistance with the physical planning activities of other City agencies and departments; and

6. Under the general direction of the PASC and subject to limitations imposed by the approved levy, the County agrees to provide all materials, supplies, tools, equipment, and administrative services as the PASC may deem necessary in fulfillment of the functions identified below: (i) To assist the County and its agencies in the development, preparation and

revision of plans, ordinances, rules and regulations pertaining to the use and physical development of property by public and private interests within the jurisdiction of the County;

(ii) To serve the needs of the County Board of Commissioners, Planning Advisory

Commission, Zoning Board of Adjustment, and such other agencies, committees, and task forces of the County which may from time to time have responsibilities in the matter of planning and regulating the use and physical development of property;

(iii) To administer and enforce all laws, ordinances, rules, and regulations within the

jurisdiction of the County pertaining to the use and physical development of property, including the enforcement of building codes as defined by Minnesota Statutes Section 16B and of health regulations related to septic systems and well construction in accordance with delegation agreements between Olmsted County and the Minnesota Department of Health;

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(iv) To carry out such other functions as are included in the development and effectuation of a comprehensive plan, as defined by Minnesota Statutes (394.21 et seq.);

(v) To assist the County in carrying out activities related to physical development

planning, survey research, demographic data analysis, statistical analysis, development and maintenance of geographic information systems, and natural resource analysis, including but not limited to assistance with redistricting and assistance with the planning activities of other County agencies and departments;

(vi) (vi) With or without compensation as determined by the PASC, to assist other cities

and townships within Olmsted County with comprehensive planning and the development of plan effectuation measures as defined in Minnesota Statutes 394.32 and 394.33 if approved by the PASC as part of the work program and budget, and, on the basis of contracts or cooperative agreements, to carry out the administration of building codes and zoning ordinances on a fee basis; and

(vii) With or without compensation as determined by the PASC, to assist other regional

entities, such as watershed joint powers boards or economic development entities, with planning and related activities if approved by the PASC as part of the work program and budget.

7. The Department shall be headed by a planning director appointed by the County Board of Commissioners with the consent of the City Common Council. The planning director and staff shall for all purposes be deemed employees of the County and not the City, subject, however, to the terms of this agreement. 8. The Department shall serve without additional compensation as the City Planning Department and shall perform such duties as may from time to time be assigned the City Planning Department by the City, subject to general work program approval by the PASC. The director of the Department shall serve without additional compensation as the City Zoning Administrator and the City Planning Director and shall perform such duties as may from time to time be assigned these offices by the City, subject to work program approval by the PASC and the approved levy of the County. 9. Any violation of law concerning planning and zoning matters occurring within the City while this agreement is in force shall be prosecuted by the City Attorney and all fines and forfeitures received or collected by reason of such prosecution shall be paid to the City to the extent provided by law. 10. Any fees or charges to be collected by the Planning Department under ordinances of the City shall be collected by the Department and shall be dedicated to and used by the County in financing the staff and services to be provided the City under this agreement. The County shall maintain such accounting records as may be necessary to show by type of fee or charge the amounts collected by reason of City ordinances. 11. Any allegation of misconduct on the part of an employee of the Planning Department while engaged in matters pertaining to the City shall be handled in the same way as if the employee were an employee of the City, except insofar as federal or state law pertaining to employment and

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employer obligations requires the involvement of the Olmsted County Attorney’s office. Other legal services relating to the Planning Department or the PASC not addressed in section 9, above, will be provided by the County Attorney. 12. This agreement shall take effect on (month, date, year), and shall automatically be renewed on January 1 of each year thereafter, except as provided in paragraph 13, below. 13. Either party may terminate this agreement without cause, upon written notice to the other party. Said written notice must be provided prior to June 30 and shall not take effect until December 31 of the year in which the notice is provided. 14. It is expressly understood that the purpose of this agreement is to provide the City and its planning agencies with administrative services concerning planning matters. Accordingly, notwithstanding anything herein to the contrary, the City does not by this agreement relinquish, delegate, or in any manner affect its jurisdiction and authority or that of any of its agencies now or hereinafter created concerning planning matters. 15. It is the understanding of the City and County that the provisions of Minnesota Statutes, 15.51 to 15.57 (Interchange of Government Employees) do not apply to agreements such as this between political subdivisions and the City and County agree that said provisions are not to be applied to this agreement.

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IN WITNESS WHEREOF, the City of Rochester and County of Olmsted have caused this agreement to be executed as of the day and year first above written.

CITY OF ROCHESTER By _________________________________________ Its Mayor Attest: ____________________________________ Its City Clerk (Seal of the City of Rochester, Minnesota)

COUNTY OF OLMSTED By _________________________________________ Chairman of the County Board Attest: ____________________________________ Clerk-Administrator (Seal of the County of Olmsted, Minnesota) Approved as to form and execution: ________________________________________ City Attorney ________________________________________ County Attorney

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RESOLUTION

BE IT RESOLVED by the Common Council of the City of Rochester that this agreement between the City and County of Olmsted relating to the Rochester - Olmsted Planning Department, a copy of which is attached hereto as Exhibit A, is hereby approved and the Mayor and City Clerk are authorized and directed to sign the agreement on behalf of the City of Rochester. Passed and adopted by the Common Council of the City of Rochester, Minnesota, this day of , . _____________________________________________ President of Said Common Council Attest:____________________________

City Clerk Approved this day of ,. _____________________________________________ Mayor of said City (Seal of the City of Rochester, Minnesota)

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PLANNING ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF ROCHESTER AND COUNTY OF OLMSTED

THIS AGREEMENT made and entered into this day of , by and between the CITY OF ROCHESTER, hereinafter referred to as the "City" and the COUNTY OF OLMSTED, hereinafter referred to as the "County".

Witnesseth:

Whereas, the City and County have authority within their respective jurisdictions to plan for and regulate the use and physical development of property by public and private interests, and

Whereas, the City and County have exercised such authority and intend to continue to do so by the preparation and periodic revision of development plans and by the enactment and enforcement of ordinances, rules and regulations implementing such plans, and

Whereas, prior to January 1, 1975, there had been organized in the City and County separate administrative departments responsible for providing planning services to the respective governmental units, and

Whereas, the City and County determined that separate planning departments result in unnecessary duplication of staff and tended to impede administrative cooperation in the preparation and administration of development plans, and

Whereas, the City and County entered into an agreement on December 16, 1974, to eliminate such duplication of staff and to encourage administrative cooperation in planning matters by organizing one department under the County to serve as the planning staff for both the City and County; and

Whereas, the Consolidated Planning Department created by the Planning Administrative Services Agreement entered into on December 16, 1974, has functioned as intended, creating a geographically integrated planning system that has coordinated the development of plans and plan implementation measures between the City and the County; and

Whereas, the department created under that agreement is now involved in a broad range of planning and planning-related activities, necessitating a clarification of the role of the said department through a revision of the original agreement forming the department;

Now, therefore, it is mutually agreed by and between the parties hereto as follows: 1. This agreement is entered into under the authority of Minnesota Statutes 471.59, as amended. 2. The County agrees to maintain a department to be known as the Rochester-Olmsted Planning Department (hereinafter referred to as "the Department"). 3. The Department shall be under the general direction of a committee to be known as the Planning Administrative Services Committee (PASC). The PASC shall be composed of six members selected as follows:

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Two members to be selected by the Olmsted County Board of Commissioners from among

its members, one member whose district is primarily within the City of Rochester and one member whose district is primarily outside the City of Rochester.

Two members to be selected by the Common Council of the City of Rochester from among

its members. One member to be selected by the city councils of all cities in Olmsted County other than

the City of Rochester from among their members. One member to be selected by the town boards in Olmsted County from among their

members. The members of the PASC shall serve for such period of time as the respective appointing authorities determine. Upon resignation of a member or upon his ceasing to be a member of the governmental unit from which he was selected, the respective appointing authority shall fill the vacancy from among its members as herein above prescribed. The appointing authority may appoint one alternate per member to serve in the absence of its regular members. Four members of the PASC shall constitute a quorum for transacting business and each member shall have one vote. 4. The PASC shall have the following duties and responsibilities: (i) Provide general direction to the Department through the director of planning. (ii) Recommend an annual levy for operation of the Department to the County Board

of Commissioners. (iii) Approve annual budgets for the Department, subject to levy approval by the

County Board of Commissioners. (iv) Recommend to the County Board of Commissioners the appointment of a

planning director for the Department, who shall be appointed by the Board of Commissioners with the consent of the City Common Council.

(v) Approve the annual work program of the Department. (vi) Recommend to the County Board of Commissioners on grant agreements and

contracts involving the Department when grant agreements and contracts are proposed that may modify the approved annual work program.

(vii) Such additional duties and responsibilities as the City Common Council and

County Board of Commissioners shall mutually agree in writing to assign to the PASC.

5. Under the general direction of the PASC and within the limitations of the approved levy, the County agrees to provide to the City all materials, supplies, tools, equipment and administrative services as the PASC may deem necessary in fulfillment of the functions identified below:

Formatted: No underline

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(i) To assist the City and its agencies in the development, preparation and revision of plans, ordinances, rules and regulations pertaining to the use and physical development of property by public and private interests within the jurisdiction of the City;

(ii) To serve the needs of the City Common Council, Planning and Zoning

Commission, Zoning Board of Appeals, and such other agencies, committees, and task forces of the City which may from time to time have responsibilities in the matter of planning and regulating the use and physical development of property;

(iii) In conjunction with the City Attorney's office, to administer and enforce all laws,

ordinances, rules, and regulations within the jurisdiction of the City pertaining to the use and physical development of property;


effectuation of a comprehensive municipal plan, as defined by Minnesota Statutes 462.351 et seq.;

(v) To assist the City in carrying out activities related to physical development

planning, including but not limited to administration of the community development block grant program, coordination of requests for annexation, preparation of annual rural/urban service districts, assistance with redistricting, development and maintenance of geographic information systems, and assistance with the physical planning activities of other City agencies and departments; and

(vi) To coordinate the activities of the Housing and Redevelopment Authority of

Rochester (HRAR), and on a contract basis with the HRAR, to carry out operational responsibilities related to HRAR housing programs.

6. Under the general direction of the PASC and subject to limitations imposed by the approved levy, the County agrees to provide all materials, supplies, tools, equipment, and administrative services as the PASC may deem necessary in fulfillment of the functions identified below: (i) To assist the County and its agencies in the development, preparation and

revision of plans, ordinances, rules and regulations pertaining to the use and physical development of property by public and private interests within the jurisdiction of the County;

(ii) To serve the needs of the County Board of Commissioners, Planning Advisory

Commission, Zoning Board of Adjustment, and such other agencies, committees, and task forces of the County which may from time to time have responsibilities in the matter of planning and regulating the use and physical development of property;

(iii) To administer and enforce all laws, ordinances, rules, and regulations within the

jurisdiction of the County pertaining to the use and physical development of property, including the enforcement of building codes as defined by Minnesota Statutes Section 16B and of health regulations related to septic systems and well

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construction in accordance with delegation agreements between Olmsted County and the Minnesota Department of Health;


effectuation of a comprehensive plan, as defined by Minnesota Statutes (394.21 et seq.);

(v) To assist the County in carrying out activities related to physical development

planning, survey research, demographic data analysis, statistical analysis, development and maintenance of geographic information systems, and natural resource analysis, including but not limited to assistance with redistricting and assistance with the planning activities of other County agencies and departments; and

(vi) To coordinate any housing activities of the Olmsted County Housing and

Redevelopment Authority (OCHRA), and on a contract basis with the OCHRA, to carry out operational responsibilities related to OCHRA housing programs.

(vii) With or without compensation as determined by the PASC, toTo assist other cities

and townships within Olmsted County with comprehensive planning and the development of plan effectuation measures as defined in Minnesota Statutes 394.32 and 394.33 without compensation if approved by the PASC as part of the work program and budget, and, on the basis of contracts or cooperative agreements, to carry out the administration of building codes and zoning ordinances on a fee basis. ; and

(vii) With or without compensation as determined by the PASC, to assist other regional

entities, such as watershed joint powers boards or economic development entities, with planning and related activities if approved by the PASC as part of the work program and budget.

7. The Department shall be headed by a planning director appointed by the County Board of Commissioners with the consent of the City Common Council. The planning director and staff shall for all purposes be deemed employees of the County and not the City, subject, however, to the terms of this agreement. 8. The Department shall serve without additional compensation as the City Planning Department and shall perform such duties as may from time to time be assigned the City Planning Department by the City, subject to general work program approval by the PASC. The director of the Department shall serve without additional compensation as the City Zoning Administrator and the City Planning Director and shall perform such duties as may from time to time be assigned these offices by the City, subject to work program approval by the PASC and the approved levy of the County. 9. Any violation of law concerning planning and zoning matters occurring within the City while this agreement is in force shall be prosecuted by the City Attorney and all fines and forfeitures received or collected by reason of such prosecution shall be paid to the City to the extent provided by law.

Formatted: Indent: Left: 0", Hanging: 1.17"

Formatted: Indent: Left: 0", Hanging: 1.17"

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10. Any fees or charges to be collected by the City Planning Department under ordinances of the City shall be collected by the Department and shall be dedicated to and used by the County in financing the staff and services to be provided the City under this agreement. The County shall maintain such accounting records as may be necessary to show by type of fee or charge the amounts collected by reason of City ordinances. 11. Any allegation of misconduct on the part of an employee of the Planning Department while engaged in matters pertaining to the City shall be handled in the same way as if the employee were an employee of the City, except insofar as federal or state law pertaining to employment and employer obligations requires the involvement of the Olmsted County Attorney’s office. Other legal services relating to the Planning Department or the PASC not addressed in section 9, above, will be provided by the County Attorney. 1112. This agreement shall take effect on (month, date, year), and shall automatically be renewed on January 1 of each year thereafter, except as provided in paragraph 1213, below. 13.2. Either party may terminate this agreement without cause, upon written notice to the other party. Said written notice must be provided prior to June 30 and shall not take effect until December 31 of the year in which the notice is provided. 143. It is expressly understood that the purpose of this agreement is to provide the City and its planning agencies with administrative services concerning planning matters. Accordingly, notwithstanding anything herein to the contrary, the City does not by this agreement relinquish, delegate, or in any manner affect its jurisdiction and authority or that of any of its agencies now or hereinafter created concerning planning matters. 154. It is the understanding of the City and County that the provisions of Minnesota Statutes, 15.51 to 15.57 (Interchange of Government Employees) do not apply to agreements such as this between political subdivisions and the City and County agree that said provisions are not to be applied to this agreement.

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IN WITNESS WHEREOF, the City of Rochester and County of Olmsted have caused this agreement to be executed as of the day and year first above written.

CITY OF ROCHESTER By _________________________________________ Its Mayor Attest: ____________________________________ Its City Clerk (Seal of the City of Rochester, Minnesota)

COUNTY OF OLMSTED By _________________________________________ Chairman of the County Board Attest: ____________________________________ Clerk-Administrator (Seal of the County of Olmsted, Minnesota) Approved as to form and execution: ________________________________________ City Attorney ________________________________________ County Attorney

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RESOLUTION

BE IT RESOLVED by the Common Council of the City of Rochester that this agreement between the City and County of Olmsted relating to the Rochester - Olmsted Planning Department, a copy of which is attached hereto as Exhibit A, is hereby approved and the Mayor and City Clerk are authorized and directed to sign the agreement on behalf of the City of Rochester. Passed and adopted by the Common Council of the City of Rochester, Minnesota, this day of , . _____________________________________________ President of Said Common Council Attest:____________________________

City Clerk Approved this day of ,. _____________________________________________ Mayor of said City (Seal of the City of Rochester, Minnesota)

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Updated: 10/27/2015 10:15 AM A


REQUEST BY: Kevin Torgerson, Sheriff's Office

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: 2016-2017 Law Enforcement Contracts with Cities and Townships.






Run the Business












BACKGROUND: Law enforcement contracts with Cities and Townships.

COUNTY BOARD ACTION REQUESTED: Approve the 2016-17 Law Enforcement Contracts. Contracts provide for 3% increase each year for each contract community/township. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Updated: 10/28/2015 9:56 AM


REQUEST BY: Judy Indrelie, Sheriff's Office STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Enter into contract with the State of Minnesota to upgrade the Olmsted County/City of Rochester current Allied Radio Matrix Emergency Response (ARMER) Radio system and provide contingency funds for Olmsted County’s portion of the project. THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community





Run the Business


_X_ Pursue Operational Excellence










BACKGROUND: On October 20th, the Sheriff provided the County Board with information related to the needed upgrade of the radio system utilized by staff working within Olmsted County as well as emergency responders throughout the County. By upgrading the current system, Olmsted County will then be consistent and on the same IP internet protocol with the rest of the state to ensure interoperability for public safety within our county, region and state. The total cost to Olmsted County and the City of Rochester is $623,303 with a payback of $124,606 annually over 5 years. That cost split between Olmsted County and the City of Rochester is $62,303 to each entity. This annual cost will cover the upgrade and the maintenance fees for 5 years. Currently Olmsted County and the City share in annual maintenance costs of about $24,000 paid to the State. For the next 5 years, starting in 2016, Olmsted County will annually pay $124,606 and be reimbursed by the City for $62,303. The $24,000 annual State maintenance costs will no longer be paid.

COUNTY BOARD ACTION REQUESTED: Request approval of a Resolution and to enter into a contract with the State of MN for a 5 year pay back totaling $623,030 for the upgrade of the ARMER system. Cost will be split 50/50 with the City of Rochester by increasing our maintenance budget through contingency funds each year from 2016 through 2020 by $101,000 and increasing our offsetting revenue from the City of Rochester by $50,500. Reviewed with additional material provided: ____ Approved ____ County Administrator

…

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Updated: 10/28/2015 9:56 AM

RESOLUTION No. 15-

WHEREAS, Olmsted County, in conjunction with the City of Rochester will upgrade their

shared Allied Radio Matrix Emergency Response (ARMER) radio system starting January 1,

2016 through December 31, 2020; and;

WHEREAS, the Board Chair and Sheriff’s Office representatives, Sheriff Kevin

Torgerson and Regional Programs Manager Judy Indrelie are hereby authorized to execute and

sign such agreements, amendments and documents as are necessary to implement this

upgrade on behalf of Olmsted County,

NOW, THEREFORE, BE IT RESOLVED, that Olmsted County enter into a Project

Agreement with the State of Minnesota through the Department of Public Safety, effective

01/01/2016 thru 12/31/2020 or until project is completed.

Dated at Rochester, Minnesota this 3rd day of November, 2015.


__________________________________________ Paul Wilson, Chairperson ATTEST: _________________________________________ Richard G. Devlin, Clerk/Administrator

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ITFM AtMINNESOTA DEPARTMENT OF PUBLIC SAFETY

Alcoholand GamblingEnforcement

Bureau ofCriminal

Apprehension

Driverand Vehicle

Services

EmergencyCommunication

Networks

HomelandSecurity andEmergency

Management

MinnesotaState Patrol

Office ofCommunications

Office ofJustice Programs

Office ofTraffic Safety

State FireMarshal

Emergency Communication Networks445 Minnesota Street • Suite 137 • Saint Paul, Minnesota 55101-5137Phone: 651.201.7547 • Fax: 651.296.2665 • TTY: 651.282.6555www.ecn.state.mn.us

DATE:

TO:

FROM:

SUBJECT:

September 1, 2015

Kevin Torgerson, Sheriff

Olmsted County Sheriffs Office

101 Fourth Street SE

Rochester, MN 55904

Cari Gerlicher, SECB Finance Chair

7.19 Upgrade Motorola's New Proposal SUA2Plus

Dear Sheriff Torgerson,

The State Emergency Communication Board (SECB) conducted a strategic planning

session last fall and it was determined that the statewide radio system—ARMER, is a

substantial investment that for the foreseeable future should be kept up to date and

upgraded on a regular basis. As such, it was decided to request of the legislature the

spending authority to pay for the states' portion of the 7.19 hardware costs to upgrade

as well as a 50% matching grant for the local entities costs to upgrade. This legislative

budget initiative was approved and the SECB was moving forward to set up the grants

and renew the contract with Motorola for a five year software upgrade package that

includes 7.15 and 7.19.

Recently Motorola has proposed an offer they are referring to as SUA2Plus to the SECB

that substantially reduces the cost to both the state and the local entities if we enter

into a five year agreement. This is approximately a 20% decrease for software upgrades

(which benefits everyone in the state), the 7.19 hardware, and the technical services of

Motorola to perform this migration for local entities.

This offer is conditional upon:

1) MNDOT entering into a contract with Motorola for the state and the local portion of

the hardware costs of 7.19 and SUA2 software upgrade.

2) MNDOT enter into a five year contract by December 31, 2015.

3) MNDOT will be required to charge local entities back for the hardware and the

software once a year over five years.

This offer will require that all affected 7.19 entities be able and willing to move forward

with this proposal. This is a serious consideration for those affected agencies that had

EQUAL OPPORTUNITY EMPLOYER

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planned to request and upgrade in the later years of the next five years as now they will

have to submit a yearly payment over the next five years.

The following tables summarize your agencies costs for the currently planned upgrade

path and the new proposed SUA2+. A spreadsheet is also enclosed which shows the

costs for all effected agencies.

Current Upgrade Path

Calendar Year: 2016 2017 2018 2019 2020 2021ARMER System Upgrades 7.15 7.17 7.19

Olmsted County SUAII $23,880 $23,880 $23,880 $23,880 $23,880

Olmsted County 7.19Equipment and install (After50% DECN Equipment Match)

$657,927

Olmsted County 5 year total under current plan : $ 777,330

ProDosed SUA2+

Calendar Year: 2016 2017 2018 2019 2020ARMER System Upgrades 7.15 7.17 7.19

Olmsted County SUA2+ $124,606 $124,606 $124,606 $124,606 $124,606

(7.19 hardware and installincluded in SUA2+)

Olmsted County 5 year total under Proposed SUA2+ : $ 623,030

The SECB is requesting that we hear from each local agency affected on this list no later

than November 15, 2015 and identify if you are willing to enter into a contract with

MNDOT to pay the amount to MNDOT listed in the above table for SUA2+ each year for

five years. Each agency will have the freedom to work with Motorola and MNDOT to

update the hardware sometime within the next five years at your convenience. Please

respond in writing to Jackie Mines, Director ECN, ([email protected]) at your

earliest convenience.

Regards,

Cari Gerlicher, Chair

SECB Finance Committee

Cc: Judy Indrelie, Olmsted County

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Updated: 10/28/2015 9:26 AM


REQUEST BY: Judy Indrelie, Sheriff's Office STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Increase channel capacity to the Olmsted County Allied Radio Matrix Emergency Response (ARMER) radio system by contracting with Motorola Solutions for equipment and installation in the amount of $187,906. In addition, accepting grant funds for a portion of this cost through the Regional Emergency Communications Board and the State of Minnesota, Division of Emergency Communications Network in the amount of $85,251. THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community





Run the Business












BACKGROUND: On October 20th, the Olmsted County Sheriff’s Office presented to the County Board at the Committee of the Whole on the need to increase capacity in the ARMER radio system for communications within and throughout Olmsted County by adding an additional channel to each tower site(5). Motorola Solutions has proposed a cost of $187,906 which will be split evenly between Olmsted County and the City of Rochester. We have secured $85K in grant funds from the Dept of Public Safety, Division of Emergency Communications to offset a portion of the cost leaving each of the parties with $51,328 in cost.

COUNTY BOARD ACTION REQUESTED: Request approval of a Resolution and to enter into a contract with Motorola Solutions for $187,906, accept our portion of the grant funding from the MN Dept of Public Safety, Division of Emergency Communications in the amount of $85,251, with a 50% match of the remaining cost by the City of Rochester, leaving funding from contingency funds in the amount of $51,328. Reviewed with additional material provided: ____ Approved ____ County Administrator

…

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Updated: 10/28/2015 9:26 AM

RESOLUTION No. 15-

WHEREAS, Olmsted County, in conjunction with the City of Rochester will increase the

radio capacity by adding an additional channel to their shared Allied Radio Matrix Emergency

Response (ARMER) radio system starting January 1, 2016 with completion by June 30, 2016;

and;

WHEREAS, the Board Chair and Sheriff’s Office representatives, Sheriff Kevin

Torgerson and Regional Programs Manager Judy Indrelie are hereby authorized to execute and

sign such agreements, amendments and documents as are necessary to implement this

upgrade on behalf of Olmsted County,

NOW, THEREFORE, BE IT RESOLVED, that Olmsted County enter into a Project

Agreement with Motorola Solutions, effective 01/01/2016 thru 06/30/2016.

Dated at Rochester, Minnesota this 3rd day of November, 2015.


Paul Wilson, Chairperson ATTEST: Richard G. Devlin, Clerk/Administrator

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Informational Item

Updated: 10/27/2015 8:44 AM


REQUEST BY: John Helmers, Environmental Resources John Helmers, Environmental Resources

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Environmental Resources M4R report.






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_X_ Communicate the Value We Provide







_X_ Encourage Learning and Growth

_X_ Cultivate Well-Trained and Responsive Leadership

BACKGROUND: The Environmental Resources Department will present their Managing for Results (M4R) report to the County Board. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Informational Item

Updated: 10/26/2015 9:57 AM


REQUEST BY: Michael Sheehan, Public Works Michael Sheehan, Public Works

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Public Works Annual M4R report.






Run the Business



_X_ Communicate the Value We Provide







_X_ Encourage Learning and Growth

_X_ Cultivate Well-Trained and Responsive Leadership

BACKGROUND: The Public Works Department will present their Managing for Results report (M4R) to the County Board. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Committee of the Whole

Updated: 10/27/2015 3:12 PM


REQUEST BY: Judy Indrelie, Sheriff's Office

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Body Worn Camera (BWC) presentation and discussion.






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BACKGROUND: The Olmsted County Sheriff's Office would like to present information to the County Board on what is currently trending with body cameras for law enforcement and the direction the Olmsted County Sheriff's Office is taking. Also included in the discussion and interaction is what is happening with other law enforcement agencies and the current legislation issues. Reviewed with additional material provided: ____ Approved ____ County Administrator

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1

Body Worn Cameras

Captain Scott C. Behrns #1652

Olmsted County Sheriff’s Office

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Introduction

The Olmsted County Sheriff’s Office Senior Command for Law Enforcement Services is

presenting to you a budget proposal for Body Worn Cameras known as BWC’s. This is for the

fiscal year 2016 thru 2020. In order to ease the financial burden placed upon the taxpayers of

Olmsted County, we have chosen a 5 year plan with a reputable, national vendor, Taser

International. The purpose of this written budget proposal is to inform you, the best we can, as to

why we feel the purchase of BWC’s is necessary and needed.

History

The Olmsted County Sheriff’s Office has long held that video showing the interactions of law

enforcement with the public is extremely beneficial. This is evidenced through our investment in

our mobile video recorders that are currently placed in almost all of our marked squad cars. The

benefits of video include capturing a crime or violation as they occur, documenting statements

made by suspects, victims, and witnesses, in addition to providing increased documentation that

result in the reduction of citizen complaints against deputies. We have also learned the enhanced

benefits of evidence collection through the video documentation of crimes scenes by our

Investigations Division. Video along with the captured audio does not lie, but nor does it tell the

entire story.

Recent national events have pushed the issue of law enforcement BWC’s to the forefront of

modern day policing. Events in Missouri, South Carolina, and Maryland have changed the nature

of policing and reduced the public’s trust in law enforcement. While the Olmsted County Sheriff’s

Office feels our relationship with the public is very strong; we also feel the need to increase that

trust. Having our personnel wearing BWC’s showing how we interact with our citizens is a step to

enhancing our current level of trust.

Vendor Selection

As of the writing of this proposal, the market is flooded with vendors selling BWC’s making the

choice difficult to reduce. However, when purchasing a BWC we must strongly consider the end

user of the video, the criminal justice system. The Sheriff’s Office needed a vendor that has a

strong reputation, affordable pricing with flexibility in payments options, as well as a strong

infrastructure that is secure and navigable. The aforementioned criteria limited our selection

process to the two largest national vendors for BWC’s: Taser International and Vievu. When

considering the end user, namely the Olmsted County Attorney’s Office we selected Taser

International as our vendor.

Taser International provides high quality BWC’s but they also provide a very strong infrastructure

for use in criminal prosecutions as well as civil liability issues. That infrastructure is known as

Evidence.com.

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Evidence.com provides a Cloud platform to save all video/audio recorded from the BWC’s. The

Cloud format reduces cost and time from our ITS Department as it is fully supported by Taser

International. Evidence.com allows the Olmsted County Attorney’s Office to access the needed

video/audio for criminal and civil proceedings in a web based format. Simply stated, when a video

needs to be played in a court proceeding, the attorney in the court room can log into

Evidence.com and play the saved recording for the Judge and jury.

In consulting with the Rochester Police Department, we have learned that Taser International will

most likely be their vendor for BWC’s. The Rochester Police Department will also be investing in

Evidence.com making it one platform to use for the Olmsted County Attorney’s Office and the

City of Rochester’s Attorney’s Office. By using one vendor for both law enforcement agencies in

Olmsted County we are streamlining our video/audio recordings, their retention periods, and

making the use of the video/audio recordings much easier to use in court proceedings.

Known Costs of BWC’s

Taser International currently has 5 contract options available for the purchase of BWC’s. They

range in price, over a 5 year period, from $148,000 to $469,000. The Sheriff’s Office selected

Option 5 which is a Tiered Program with Warranty Options. The total cost of the BWC’s, over a

5 year period, is $219,393.29. Option 5 allows the Sheriff’s Office flexibility in payments over the

5 year contract life time. Year 1 is the most expensive as it includes the purchase of the BWC’s

and their required download equipment at $84,330.15. The remaining 4 years of the contract are a

static price of $33,682.50 which covers license fees and additional video/audio storage options.

Please see the included price quote from Taser International. Please keep in mind these contract

prices are valid until December 31st

, 2015.

Unknown Costs of BWC’s

While we have known fixed costs of BWC’s, there are still unknown costs to implementation and

use for Olmsted County. Those unknown costs lie in the potential requests for video/audio from

the public. If/when we begin using BWC’s; we may run into data requests for the video/audio.

However the number of requests will be difficult to gauge. In order to be compliant with the

current Minnesota Government Data Practices Act (MGDPA Chapter 13), we will need to review,

redact, or limit what can be released. This will take time from staff that we simply do not have.

Therefore, the Sheriff’s Office is asking that you be prepared for a request for a 1.0 FTE to handle

public requests for BWC video/audio. For the FY 2016, we believe we can manage the requests

through current staff supplemented by our current Records Division staff which is shared with the

Rochester Police Department. At this time this is a wait and see venture, but one that we wanted

to enlighten you on sooner rather than later.

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To be adequately prepared and plan ahead, if we are in need of a staff person to handle public

requests for we would be asking for a 1.0 FTE with the new classification of Mobile Video

Recorder Administrator (MVR Administrator). The MVR Administrator would be responsible

for handling all public data requests as they relate to video and audio. This would also include our

current mobile video recorders that are currently installed in our squad cars. The MVR

Administrator would be certified and trained in the use, administration, inventory/tracking, and

maintenance of the BWC system. As an example, the Rochester Police Department is requesting

one additional Records staff in 2016 and another in 2017 to handle the anticipated increase for

public requests related to BWC’s. In using the pay scale provided by the Rochester Police

Department, as an example, the per year cost for an MVR Administrator is approximately

$82,330.00 (please see the attached document created by the Olmsted County Finance

Department).

Privacy Issues

We cannot discuss the idea of implementing a BWC program without discussing the issue of the

public’s privacy when they are captured on video/audio in a difficult situation. In 2015 the

Minnesota Legislature failed to address the issues of BWC for law enforcement during their

regular session. This should not be a reason for us not to move forward on this issue. The current

draft policy of the Sheriff’s Office allows our deputies discretion when to stop the BWC. While

we understand the importance of capturing everything our deputies do, we simply cannot record

every interaction with the public. People in compromising positions where there is no criminal

activity afoot, should not be recorded. We must and will train our staff to recognize these

situations and allow them the flexibility to turn off the BWC.

We must also be ready to stand firm on the public’s right to privacy. Not all persons that make

requests for BWC footage should be allowed to access or retain it. This presents a myriad of

additional issues that will need to be discussed in depth with the Olmsted County Attorney’s

Office. The Sheriff’s Office feels that requests for BWC footage should be diligently reviewed, fit

under current Minnesota statute, and not present a privacy issue for those that have been recorded.

Conclusion

The use of BWC’s by law enforcement is not a passing trend nor should it be considered the cure

all for current issues that are present in the community. The media, public, and federal

government are the driving forces behind the use of BWC’s. While we understand the financial

investment being made by Olmsted County in the use of BWC’s, we feel that the time is now to

act. The Olmsted County Sheriff’s Office must continue to enhance our relationship with our

citizens. The purchase and use of BWC’s will allow the public to see what actually transpires in

our contacts with the public. We also aspire to do the best we can and we feel this is the

appropriate time to show the public what we do on a daily basis.

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Hardware/Software/Services Price Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount

AXON Flex Full Solution Kit 1,113.55$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ AXON Flex Kit 599.00$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

AXON Flex 2-Year Extended Warranty 299.95$ na - na - na - na 0 -$ - naAXON Flex TAP (Per Camera/Year) 276.00$ na - na - na 0 -$ - na - na

Multi-Mount Kit 199.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Oakley Flak Jacket Kit 149.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Low Rider Headband M/L 54.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Low Rider Headband S/M 49.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Ball Cap Mount 29.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Collar Mount/Ratchet 29.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Oakley Clip 19.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Epaulette Mount 19.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Ballistic Vest Mount 19.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Helmet Mount/Shoei/HJC 19.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Holster, Belt Clips 29.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Holster, Alligator Clip 29.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Holster, Uniform Clip 29.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

AXON Body Full Solution Kit 649.95$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ AXON Body 399.00$ 75 -$ 75 14,925.00$ 75 14,925.00$ 75 21,425.00$ 75 21,425.00$ 75 21,425.00$

AXON Body 2-Year Extended Warranty 199.95$ N/A - N/A - N/A - N/A 75 14,996.25$ - N/AAXON Body TAP (Per Camera/Year) 204.00$ N/A - N/A - N/A 75 15,300.00$ - N/A - N/A

iPod/Android Device 199.00$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ Evidence.com Dock per Bay 249.00$ 72 17,928.00$ 72 17,928.00$ 72 17,928.00$ 72 17,928.00$ 72 17,928.00$ 72 17,928.00$

Dock 6-Bay 2-Year Extended Warranty 499.95$ N/A - N/A - N/A - N/A 12 5,999.40$ - N/ADock 1-Bay 2-Year Extended Warranty 129.90$ N/A - N/A - N/A - N/A 12 1,558.80$ - N/A

Dock TAP (Per Camera/Year) 36.00$ 72 Included 72 432.00$ 72 2,592.00$ 72 2,592.00$ - N/A - N/AOfficer Safety License (1 Year) 1,188.00$ 75 89,100.00$ - N/A - N/A N/A - N/A - N/A

Unlimited License (1 Year) 948.00$ N/A 75 71,100.00$ - N/A - N/A - N/A - N/AUltimate License (1 Year) 660.00$ N/A - N/A 75 49,500.00$ - N/A - N/A - N/A

Professional License (1 Year) 468.00$ -$ 0 -$ 0 -$ 10 4,680.00$ 10 4,680.00$ 10 4,680.00$ Standard License (1 Year) 300.00$ -$ 0 -$ 0 -$ -$ 0 -$ 0 -$

Basic License (1 Year) 180.00$ -$ 0 -$ 0 -$ 65 11,700.00$ 65 11,700.00$ 65 11,700.00$ RMS Integration License (User/Year) 240.00$ -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$

Storage per GB (1 Year) 1.50$ -$ 0 -$ 1750 2,625.00$ 2775 4,162.50$ 2775 4,162.50$ 2775 4,162.50$ Professional Services (Per Day) 2,000.00$ 3 6,000.00$ 3 6,000.00$ 3 6,000.00$ 3 6,000.00$ 3 6,000.00$ 3 6,000.00$

Sworn to Safety Discount (Full Deployment) -$ -$ N/A N/A N/A N/A

Year 1 113,028.00$ Year 1 110,385.00$ Year 1 93,570.00$ Year 1 83,787.50$ Year 1 88,449.95$ Year 1 65,895.50$





Total 469,428.00$ Total 396,513.00$ Total 312,438.00$ Total 237,525.50$ Total 170,619.95$ Total 148,065.50$

20 GB/Licnense Non-Axon storage 20 GB/Licnense Non-Axon storage

Camera Warranty for length of contract

Camera Hardware**

All Pro-level Access to E.com Optional:Docking Station & Warranties Optional:Docking Station & Warranties Optional:Docking Station & Warranties

CEWs, Holsters, Batteries & Warranties All Pro-level Access to E.com

*Dock Upgrade at 2.5/5 included w/optional

purchase

Variable Storage based on Usage Variable Storage based on Usage

Optional: Dock Upgrade (TAP) Optional: Dock Upgrade (TAP) Variable Storage based on Usage Optional: Docking Stations

Unlimited Axon Device Storage Unlimited Axon Device Storage All Pro-level Access to E.com Tiered Licences Optional:Docking Station & Warranties

Tiered Licences

Camera TAP Upgrade at 2.5 & 5yrs Camera TAP Upgrade at 2.5 & 5yrs Camera TAP Upgrade at 2.5 & 5yrs Camera TAP Upgrade at 2.5 & 5yrs Tiered Licences Variable Storage based on Usage **All quotes are based on the agency making the purchase of

the actual cameras and associated licenses.

Camera Warranty for length of contract Camera Warranty for length of contract Camera Warranty for length of contract

Optional*:Docking Station & Warranties Optional: Dock Upgrade (TAP)

AXON/Evidence.com Side by Side Comparisson

Camera Hardware** Camera Hardware** Camera Hardware**

Sworn to Safety Discount is only available to Agencies

purchasing for full deployment and is only applicable to OSP

or Unlimited Plans.

Option 6

Tiered

Option 1

Officer Safety Program

Option 2

Unlimited Program

Option 3

Ultimate Program

Option 4

Tiered Program W/ TAP

Option 5

Tiered Program w/Warranty

Camera Hardware** Camera Hardware**

Extended 2yr Warranties (3 years total)

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Updated: 10/20/2015 2:50 PM


REQUEST BY: Michael Sheehan, Public Works Kaye Bieniek, Public Works

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: County Road Tour






Run the Business












BACKGROUND: Staff will review proposed construction and maintenance projects in Olmsted County with the County Board. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Olmsted County Road Tour

November 3, 2015 10:30 a.m.

Agenda

1. Graham Park Park & Ride Fence Removal

2. History Center

3. CSAH 16/TH 63 Airport Interchange

4. CSAH 16/20 Sealcoat

5. CR 111 Mastic

6. RICWS Project @ CSAH 19 & TH 52

7. CSAH 23 Reclaim/Overlay

8. Eyota Shop (Lunch)

9. TH14/42 Roundabout

10. CSAH 9/TH 42 Intersection

11. CSAH 9 from CSAH 22 to CR 119

12. CR 124 Haverhill Township (48th St NE)

13. 55th Street Extension and CSAH 33 Reconstruction

14. 125th St Corridor (future CSAH 5) Pine Island School

15. CSAH 3 Reclaim/Overlay

16. CSAH 4 Reconstruction K:\PW\Highway\ENGINDOC\ROAD-TOUR\Road Tour November 2015.docx

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