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Wright County Board Minutes

APRIL 23, 2002

The Wright County Board met in regular session at 9:00 A.M. with Mattson, Eichelberg, Sawatzke, Jude, and Russek present.

The minutes of 4-16-02 were discussed. Corrections included: Page 3, 1st paragraph, 7th sentence, should read, "The first option offered $1000/month with Veit's estimated value of $10,000 for the waste acceptance service"; and Page 3, 3rd paragraph, 6th sentence, should read, "Sawatzke questioned how Veit's proposal to accept Wright County yard waste could be worth $10,000/year but when NRG Processing Solutions included the same service in their bid, it was not worth anything." Russek referenced page 4 where Jude had entered into the record a portion of a decision by Judge Tunheim on a court appeal which the County lost in the Superior Landfill case. Russek explained that at the time, he did not respond as the information was petitioned on to the Agenda and the Board had not had time to read Jude's handout prior to the meeting. Russek did not feel the information belonged in the minutes and would vote against approval of the minutes if the language remained. Jude responded that other issues are added to the Agenda. He felt that the information reflected the decision of the lost appeal by Judge Tunheim which cited comments made by Mattson, Sawatzke and former Commissioner Rose. Sawatzke was concerned with establishing a precedent of entering information into the minutes. He felt the document could be referenced in the minutes but that it should just be filed with the documentation from the meeting. Jude moved to approve the minutes as presented including the two corrections made by Sawatzke, seconded by Eichelberg. After further discussion, Sawatzke moved to amend the motion for approval of the minutes to include eliminating the language on page 4 which Jude requested to be a part of the minutes. Instead the entire 17-page court document from which the language was taken will be included with the Board meeting packet. The amendment was seconded by Mattson. Russek said he would vote against the motion as he didn't feel any part of this issue should have been discussed. The amendment to the motion carried 3-2 with Russek and Jude casting the nay votes. The motion to approve the minutes as amended to include the entire 17-page document carried 3-2 with Russek and Jude casting the nay votes.

Petitions were accepted to the Agenda as follows: Amend Consent Agenda Item A1 to include a performance evaluation for "Jacqueline O'Dowd, Sheriff" (Norman); Item For Consid #2, "Resolution, Charitable Gambling Application, Monticello Knights Of Columbus" (Norman); Item For Consid. #3, "Changes To 4-24-02 Committee Meetings Agenda" (Norman). Eichelberg moved to approve the Agenda as amended, seconded by Sawatzke, carried 5-0.

On a motion by Mattson, second by Eichelberg, all voted to approve the Consent Agenda as amended:

A. ADMINISTRATION

1. Performance Appraisals: V. Hawkins, R. Klocke, Hwy.; M. Woodord, P&Z; M. Kaczmarek, J. O'Dowd, Sher.

2. O/T Report, Period Ending 4-12-02.

B. ASSESSOR

1. Accept Resignation, Heather E. Adair, Assessment Assistant, Eff. 5-10-02 & Authorize Replacement.

2. Approve Abatement, PIN #110-500-061104, Pribyl Properties, L.L.C. (City of Maple Lake).

C. AUDITOR/TREASURER

1. Claim, McCombs, Frank, Roos - Professional Services February, $1,861.80 (Fund 61 - Sewer).

D. SHERIFF

1. Accept Resignation, Jason Falconer, Deputy, Eff. 4-18-02 & Authorize Replacement.

Doug Gruber, Auditor/Treasurer, requested Board approval of a Wright County Soil & Water fee for well certification on tax forfeit properties at $25.00/parcel. Sawatzke moved to approve the fee, seconded by Jude, carried 5-0.

The claims listing was reviewed. Gruber made a correction to page 3, Elections, for a claim to the MN Department of Health. The signature copy will be corrected to reflect the MN Secretary Of State as the vendor. On a motion by Eichelberg, second by Mattson, all voted to approve the claims as listed in the abstract, subject to audit.

Brian Asleson, Chief Deputy Attorney, brought forth discussion on a request by Karen Wilson to repurchase tax forfeit parcel #118-033-002140 (City of Otsego). The Board was advised of the situation in 2001 and Wilson had presented a down payment toward the repurchase at that time. Conditions of the repurchase are being addressed with the City. The recommended action would be to split the delinquent tax amount into ten equal payments. Wilson would be required to pay all special assessments, 1/10 of the back taxes, and keep the current taxes up to date. As outlined in correspondence from the County Attorney to Wilson dated 4-18-02, Wilson was directed to complete clean up by 6-1-02. Today, Wilson indicated her willingness to clean up the property and meet the conditions set forth. Asleson said that this issue will be presented back to the Board for approval. Mattson moved to approve the request, seconded by Sawatzke, carried 5-0. Jude informed Wilson that if the conditions were not met by 6-1-02, she should not make another request to the Board.

Asleson presented a draft resolution to impose an Aggregate Material Tax. A Public Hearing was held on 4-9-02. In regard to the question of whether the tax could be applied to individual contractors, the Dept. of Revenue has determined that small operators are not exempt from the tax. The tax applies collectively across the County. Letters will be sent by the Auditor's Office prior to July 1st informing contractors of the tax. The tax would apply to any contract bid after 7-1-02 and any material moved from a gravel site after 1-1-03. Bid specifications could include language in this regard. Eichelberg moved to adopt Resolution #02-25, seconded by Sawatzke. Mattson stated that he went along with studying the tax but would not support it due to the impact on small haulers. Russek said he did not want to negatively affect small haulers either but if Wright County does not collect the tax, the County the gravel is exported to can collect the tax. Asleson was directed to make changes to the draft, which are included in the language below. The motion carried 4-1 with Mattson casting the nay vote.

RESOLUTION 02-25

WHEREAS Minnesota Statutes, Section 298.75 gives counties the authority to levy an aggregate material tax; and

WHEREAS The Wright County Board of Commissioners realizes that aggregate minerals are a valuable, but finite, natural resource in Wright County; and

WHEREAS Nearly every county immediately adjacent to Wright County already collects an aggregate material tax; and

WHEREAS Tax revenue for that aggregate material currently extracted from Wright County may be collected by those adjacent counties if the aggregate material is imported into those counties; and

WHEREAS The revenue from the aggregate material tax is, by statute, used primarily for the maintenance, construction and reconstruction of roads, highways and bridges; and

WHEREAS A public hearing was held on April 9, 2002 regarding the proposed imposition of such a tax;

NOW, THEREFORE, BE IT RESOLVED THAT THE WRIGHT COUNTY BOARD OF COMMISSIONERS HEREBY:

1) Imposes an aggregate material production tax of ten cents per ton or seven cents per cubic yard on every operator or importer of aggregate material, as authorized by Minnesota Statutes, Section 298.75.

2) Imposes the above tax effective January 1, 2003 for aggregate material extracted after that date or sold and transported from the extraction site after that date.

3) Exempts from the above tax those aggregate materials extracted or imported as part of a project or contract bid before July 1, 2002.

4) Intends that thirty percent of the revenues from the above tax will be paid to those towns and cities from which the aggregate material is extracted, in proportion to the amounts extracted and taxed.

The Board discussed the draft Tattooing and Body Piercing Ordinance. Asleson said the State does not regulate these activities. Larger cities where this practice has been more prevalent have licensed and regulated the practice for a number of years. Cities who do not want to regulate this activity and have their own Ordinance could be included under the County's authority and licensing. Asleson said there are some Ordinance language changes yet to be made. Mary Nigg, Public Health, provided a brief overview of why it is necessary to implement this Ordinance. Their mission statement is to prevent disease and improve the health of citizens. As body art is becoming more prevalent, their involvement would assure that there is effective administration of the program by the business operators. They would require that clients receive information on disease transmission, potential health risks, and that the establishment demonstrates a knowledge and practice of procedures, sanitation, hygiene, and after care requirements. Mary Nesseth, Public Health, said they would investigate business procedures including handling of sterile materials, technique, preparation of skin, and disposal of materials. OSHA requires that all employees are offered Hepatitis B vaccinations. Public Health will review the business plan for infection control and the entire operation to make sure it is following the Ordinance. The annual license fee is projected to be between $100-$200 with the intent that what is collected will cover Public Health costs.

Changes to the Ordinance were discussed. The Ordinance will include information relative to the County having statutory authority to adopt the Ordinance. Page 5 of the Ordinance, Section 5, states, in part, that no tattoo or permanent cosmetic application shall be applied to any person under eighteen (18) years of age, regardless of parental consent. Persons under the age of eighteen (18) years of age may receive body piercing provided that the body piercing is performed in the presence of the person's parent or guardian. State Law requires parental consent. Relating to land use permits, the Ordinance will be made more generic than the draft indicating that any necessary land permits must be obtained from the County. On a motion by Jude, second by Sawatzke, all voted to refer the Ordinance to the 5-7-02 County Board meeting for approval.

At 10:10 A.M., Russek closed the process for acceptance of proposals for dangerous dog services.

Brad Wozney, SWCD, said at the quarterly meeting of the WMTF, an annual review of the bylaws was completed. The WMTF recommended proposed changes as presented under the Appointment and Meetings sections. Jude moved to accept the recommended changes, seconded by Eichelberg, carried 5-0.

The Board discussed the Request For Proposals (RFP's) for dangerous dog services. Correspondence was received on 4-16-02 from the Humane Society of Wright County stating that they would not be submitting a proposal for dangerous dog services. The letter indicates that the County will no longer require space from the Humane Society to house dangerous dogs as of 7-1-02. Richard Norman, County Coordinator, opened and read the RFP from the Crossroads Animal Shelter outlining the services they would provide and costs associated with these services. Norman stated that the County has paid $1,500 in 2002 to both the Humane Society and Crossroads Animal Shelter. Sawatzke moved to lay this issue over for one week for review, seconded by Jude, carried 5-0. The Crossroads Animal Shelter proposal will be copied to the County Attorney and Sheriff for review and feedback, including a request for the projected number of animals the Sheriff would have to transport with this proposal.

Jude moved to appoint Scott Vandenheuvel to the SWTF, seconded by Sawatzke, carried 5-0. Vandenheuvel will replace P.J. Hanson whose term has expired. This appointment is from Russek's district and represents the industry category on the Task Force.

Sawatzke moved to adopt Resolution #02-26 approving a Charitable Gambling Application for the Monticello Knights Of Columbus. The premises application is for the Monticello Driving Range & Golf. The motion was seconded by Eichelberg and carried 5-0 on a roll call vote.

Norman referenced the Committee Meetings Agenda for 4-24-02. The 9:00 A.M. Labor/Management Health Insurance Committee meeting will be cancelled as the Medica representative is not available. The meeting will be rescheduled at a future date. A Ways & Means Committee Meeting is scheduled for 10:00 A.M. As part of that meeting, bids will be opened for the Seasonal Requirements. Norman requested that the bids be acknowledged as part of the meeting. The Highway Engineer, Purchasing Agent and anyone else in attendance for that issue could then move to another location to open the bids. While this is taking place, the Committee will proceed with the Bauerly Pit Operation discussion. Eichelberg moved to approve the changes relating to the Committee Meetings on 4-24-02, seconded by Sawatzke, carried 5-0.

Bills Approved

Allina Health Systems 255.26

Ancom Technical Center 159.10

Anoka County Juvenile Center 339.00

Bob Barker Co. 783.50

Best, Inc. 8,487.03

Bowman Distribution 663.80

Buff'n'Glo, Inc. 293.85

Buffalo Drug 1,265.47

Bull Hn Information Systems 239.63

Careertrack 149.00

Catholic Charities 15,260.01

Chatham Township 802.60

Climate Air 1,978.04

City Cokato 958.60

Computer System Products, Inc. 794.02

Corinna Township 988.20

Cps Technology Solutions 579.27

Dales 66 191.71

Decorative Designs, Inc. 175.53

Department Of Public Safety 120.00

Duininck Bros., Inc. 147,302.63

Exxon Mobil 193.01

Franklin Township 2,607.40

H&H Sport Shop 120.00

Hanover City 1,214.50

Hickory Tech 124.36

Hillyard Floor Care Supply 1,793.75

Howard Lake City 858.00

Karels Towing 106.50

Kinderprint Co., Inc. 167.53

G.D. Laplant Sanitation, Inc. 476.60

Maple Lake City 1,374.70

Marco Business Products 862.01

Mccombs Frank Roos Associates 1,861.80

Meeker County Sheriff 10,882.54

Middleville Township 1,251.70

MN Assn Of Cty Probation Ofcrs 440.00

MN Assn Of Women Police 125.00

MN Counties Computer Co-Op 161.63

MN Counties Ins Trust 2,645.00

MN County Recorders Assoc 125.00

MN Highway Safety & Research 392.00

MN Sheriffs Association 378.08

MN State Auditor 1,230.50

Monticello Township 2,318.80

North Star Towing, Inc. 149.10

Office Depot 3,029.47

On Site Monitoring 13,652.00

Performance Office Papers 167.12

Photo I 558.69

Pitney Bowes 160.55

Qwest 1,212.61

Record Preservation, Inc. 192.55

Reichs Foster Home 336.00

Rockford Township 2,551.30

Rowekamp Associates, Inc. 6,405.98

Sheriffs Youth Program Of MN 2,475.00

Software House Internatonal In 2,845.68

Southside Township 535.20

Specialty Seeds, Inc. 324.00

Sprint-Local Telecom Division 158.63

St. Cloud Fire Equipment, Inc. 710.93

St. Michael City 3,100.60

Star Tribune 897.60

State Of MN 223.14

State Of MN Intertech Group 731.35

State Supply Co. 124.96

Strategic Technologies Ireland 7,607.00

Total Printing 343.87

Uniforms Unlimited 2,349.59

Vibes Technologies, Inc. 173.08

James Weinberger 231.54

West Publishing Company 449.74

Worth Drapery & Blinds 168.70

Wright Cty Ag Society 200.00

Wright Hennepin Electric 430.62

Zack's, Inc. 807.27

Zep Manufacturing Company 202.11

38 Payments Less Than $100 1,716.96

Final Total $268,719.60

The meeting adjourned at 10:26 A.M.


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