Minutes November 27, 2012

Wabasha County Board of Commissioners

Meeting of November 27, 2012


The Board of County Commissioners of Wabasha County, Minnesota, convened in Regular Session at the Wabasha County Courthouse, in the City of Wabasha, Minnesota on Tuesday, November 27, 2012 at 2:00 p.m.


The meeting was called to order by Board Chairman Harms.


The following Commissioners were present: Hall, Wobbe, Harms, Roschen, Norman,



Motion to approve the agenda.

Adopted Unanimously


Motion to approve the consent agenda including the following:


Meal Vouchers

SSIS Claims

Minutes: November 13, 2012

Donation of $150 from the American Legion Auxiliary, Unit of Louis McCahill Post No.110, to Youth Link

Mentorship Program. Donation of $100 from Kellogg American Legion Auxiliary for Veterans Service transportation program.

Adopted Unanimously


Resolution No.: 2012-225

This Agreement ("Agreement") between the County of Wabasha Minnesota ("County") and the Regents of the University of Minnesota on behalf of its Extension unit, 240 Coffey Hall, St. Paul, Minnesota, 55108 ("University") is effective January 1, 2013, and supersedes and replaces any and all current or existing agreements relating to Extension and its programs that may exist between the County and University.

The term of this Agreement shall be three (3) years, beginning on January 1, 2013 and ending on December 31, 2015, unless earlier terminated as provided in paragraphs 7 and 8.

Whereas, Minn. Stat. §38.34 authorizes a Board of County Commissioners to incur expenses and spend money for County Extension work; and

Whereas, the money set aside and appropriated by the County Board in the County Extension Fund may be paid out by orders of the University's Director of Extension, or the Director's designee, as identified in Minn. Stat. §38.36, Subd. 3; and

Whereas, Minn. Stat. §38.37 provides that Extension educators must be employed according to University personnel procedures and must be University employees; and

Whereas, it is the intention of the County and University that the University shall provide Extension services on behalf of the County in exchange for considerations as detailed herein.

Now Therefore, in consideration of the mutual undertaking and agreements contained within this Agreement, the County and University hereby agree as follows:

1. In accordance with Minn. Stat. §38.37 County desires to augment University's state-wide Extension programs. The programs that the County will augment are detailed in Table A below.

Table A

Program FTE 2013 Price FTE 2014 Price FTE 2015 Price
4-H Program Coordinator 1.00 $65,550 1.00 $66,530 1.00 $67,530
Total 1.00 $65,550 1.00 $66,530 1.00 $67,530

* For multiple Educators, list program area of responsibility:

County recognizes that University costs for supporting these positions may increase from year to year. The costs payable for these positions are reviewed by the Association of Minnesota Counties' ("AMC") Extension Committee and University's Extension central administration, at which time the parties will agree on an appropriate inflation factor for the coming year(s). Unless County and University otherwise agree, the inflation factor will be as agreed to by AMC and University.

2. University will be responsible for providing the following: salary & fringe benefits for the positions, enhanced programming from regional extension educator staff, program supervision, travel (mileage, meals, and lodging), in-service training within program area, payroll, and accounting services.

The County agrees to provide local support in the form of office space, telephone, computer, network connections for email and other communications, software, support staff and other general office supplies. The University will recommend technology needs and other office standards. Nevertheless, the level of availability and type of such support will be determined by the County.

3. University will bill the County on a quarterly basis and the County will submit payment within thirty (30) days of receipt of the bill. The total annual amount to be paid by the County shall be paid in four (4) equal quarterly payments.

4. As vacancies occur, and if the County and University agree to continue to support the desired program and position, University will hire new personnel with involvement and concurrence of the County Extension Committee. The County will not be billed for a position during the time that position is vacant.

5. The University will complete an annual performance evaluation of each University Extension employee working in the County and supporting the programs identified in paragraph 1. The County Extension Committee will have the option to provide input to University on such evaluation. The University in accordance with University personnel guidelines will determine salary adjustment of each University Extension employee.

6. Annually, the County Extension Committee, in coordination with University, will be responsible for approving the County Extension educational programming and services, as provided for in Minn. Stat. §38.34. The parties acknowledge that County extension educational programming includes University's Nutrition Education Program educational programming.

7. Nothing in this Agreement precludes the County or University at any time during the term of this Agreement from requesting a modification of the County Extension program, including an adjustment of the number of University Extension personnel working in the County. The County or University will provide a minimum of three (3) months notice if either party desires a change in programs that results in a decrease in the staffing or funding level, and both parties agree to enter into good faith discussions to address such request.

8. If University or the County in good faith determines that funding is no longer available to support the programs or positions providing services locally, either party may terminate this Agreement. Termination of the Agreement in its entirety requires a minimum of ninety (90) days prior notice. Notice shall be dated and provided in writing to the parties listed below as the contacts for this Agreement.

If to County: Chair, County Board of Commissioners, Wabasha County, 625 Jefferson Avenue, Wabasha, MN 55981

If to University: University of Minnesota, Minnesota Extension, Attn: Chief Operating Officer, 246 Coffey Hall, 1420 Eckles Avenue, St. Paul, MN 55108, Facsimile No.: 612-625-6227, E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

9. Each party agrees that it will be responsible for its own actions and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party or the results thereof. The County's liability is governed by the provisions of Minn. Stat. Chap. 466 and other applicable laws. The University's liability is governed by the provisions of the Minnesota Tort Claims Act, Minn. Stat. §3.736 and other applicable law.

10. Pursuant to Minn. Stat. §16C.05, Subd. 5, the University agrees that County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of relating to this Agreement. University agrees to maintain these records in accordance with applicable law.

11. All data collected, created, received, maintained, or disseminated for any purposes by the activities of University because of this Agreement is governed be the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal Regulations on data privacy.

12. The University is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, sexual orientation or other classifications protected by state or federal law. In adhering to this policy, the University abides by the Minnesota Human Rights Act, Minnesota Statute Ch. 363; by the Federal Civil Rights Act, 42 U.S.C. 2000e; by the requirements of Title IX of the Education Amendments of 1972; by Sections 503 and 504 of the Rehabilitation Act of 1973; by the Americans With Disabilities Act of 1990; by Executive Order 11246, as amended; by 38 U.S.C. 2012, the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended; and by other applicable statutes and regulations relating to equality of opportunity.

Adopted Unanimously


Resolution No.: 2012-226

Whereas, Charles Mayhew owns a dwelling in the Town of Minneiska and the driveway for the dwelling is on land owned by his neighbor; and

Whereas, Mr. Mayhew wishes to purchase a portion of his neighbor's property so as to own the land on which his driveway is located; and

Whereas, Mr. Mayhew has elected to create a new plat so as to combine the land he wishes to purchase with his existing property.

Now, Therefore Be It Resolved, the Wabasha County Board of Commissioners approves this combination by way of the Mayhew Landing Plat.

Adopted Unanimously


Resolution No.: 2012-227

Whereas, the Wabasha County Highway Department uses the AutoCAD software system to assist in highway design;

Whereas, the Highway Department has previously been operating on a reduced number of licenses for AutoCAD while learning the software, but can now properly utilize a license for each user;

Whereas, the IT Director recommends the purchase of this license;

Now therefore be it resolved by the Wabasha County Board of Commissioners hereby authorizes the IT Director to purchase an additional AutoCAD Civil3D network license for $7643.59 plus tax and to add the annual service and support subscription for that license to the existing contract.

Adopted Unanimously


Resolution No.: 2012-229

Whereas, Wabasha County has advertised for sale by sealed bid parcels of land described as follows:

That part of Section 22, Township 109 North, Range 14 West shown as:

Parcels A and B of Wabasha County Right of Way Plat No. 41 – approx. 3.9 acres

Parcel C of Wabasha County Right of Way Plat No. 41 – approx. 7.4 acres

Parcel D of Wabasha County Right of Way Plat No. 41 – approx. 1.3 acres

On file and of record in the office of the County Recorder in and for Wabasha County, Minnesota, and;

Whereas, sealed bids were received and opened for these parcels.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the following bids be accepted and the parcels sold for the stated bid price:


Bidder: State of Minnesota, Department of Natural Resources

Bid Amount: $10,000

Parcels A, B and D


Bidder: Dennis Whitaker

Bid Amount: $8228

Parcel C


Be it further resolved by the Wabasha County Board of Commissioners that the Wabasha County Engineer is hereby authorized to administer the sale of the above properties, and

Be it further resolved by the Wabasha County Board of Commissioners that the Wabasha County Board Chair and County Coordinator are authorized to execute the necessary conveyance documents for the sale of the above properties to the bidder for the bid amount listed.

Adopted Unanimously


Resolution No.: 2012-230

Whereas, Wabasha County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge 79552 on County Highway 84 under S.A.P. 079-598-024, and

Whereas, the Commissioner of Transportation has given notice that funding for this Project is available, and

Whereas, the amount of the grant has been determined to be $552,380 by reason of the lowest responsible bid, and

Whereas, the State of Minnesota requires the attached Local Bridge Replacement Program Grant Agreement #02015 and Declaration for S.A.P. 079-598-024 be executed by Wabasha County in order to receive the necessary funds for this Project.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that Wabasha County does hereby agree to the terms and conditions of the grant and Local Bridge Replacement Program Grant Agreement consistent with Minnesota Statutes; 174.50, subdivision 5, clause (3), and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for this bridge but not required.

Be it further resolved that the Chairman of the Wabasha County Board of Commissioners and County Coordinator are hereby authorized to execute the attached Local Bridge Replacement Program Grant Agreement and Declaration on behalf of Wabasha County.

Adopted Unanimously


Resolution No.: 2012-231

Whereas, Minnowa Construction Inc. is the lowest responsible bidder for S.A.P. 079-598-024.

Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby accepts the bid of and awards a Contract to Minnowa Construction Inc. for S.A.P. 079-598-024 – Bridge 79552 and Approaches – in the amount of $657,413.50 and that the Chairman of the County Board and the County Coordinator are hereby authorized to execute a Contract with Minnowa Construction Inc. for this work.

Adopted Unanimously


Resolution No.: 2012-232

Whereas, the State of Minnesota is in need of a Radiological Emergency Preparedness Reception Center south of the City of Red Wing in the event an incident causing evacuation of residents of Red Wing occurs at the Prairie Island Nuclear Power Plant in Red Wing, MN; and

Whereas, the MN Department of Human Services have selected, and FEMA has approved, the Wabasha-Kellogg School as the place that would suit the needs of a Reception Center; and

Whereas, the State of Minnesota Radiological Emergency Preparedness Program, through the MN Department of Human Services (DHS), is interested in entering into a grant agreement with Wabasha County for the purpose of creating and funding a Reception Center at the Wabasha-Kellogg School to be used for registration and possible decontamination efforts; and

Now, Therefore, Be It Resolved that the Wabasha County Board of Commissioners approves and signs four originals of the FY 2012-2013 Radiological Emergency Preparedness Grant Agreement with the State of Minnesota.

Adopted Unanimously


Commissioners reported on meetings they attended.



Motion to recess to Truth in Taxation meeting at 5:19 p.m. (Harms relinquished Chair to Second in Command; Wobbe called for the votes. Adopted Unanimously. Harms resumed Chair.)

Reconvened at 6:00 p.m. for Truth in Taxation Public Hearing



Motion to close Public Hearing at 6:29 p.m.

Adopted Unanimously


Motion to close Truth in Taxation meeting at 6:32 p.m.

Adopted Unanimously


Opened Board meeting at 6:37 p.m.



Motion to close Board meeting at 7:32 p.m.

Adopted Unanimously


Motion to recess to AMC meeting in St. Cloud, December 3-4.

Adopted Unanimously

Agenda for this meeting


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