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Wright County Board Minutes

SEPTEMBER 17, 2002

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

Eichelberg moved to approve the minutes of 9-10-02, seconded by Mattson, carried 5-0.

On the Consent Agenda Item #F. Sheriff was corrected to read Item #G. Sheriff as there were two Item #F's listed. Petitions were accepted to the Agenda as follows: Consent Agenda Item #H1 under Highway, "Approval of 2002 Maintenance Agreements Between Wright County and Ten Cities" (Russek); Consent Agenda Item #H2, "Add Official Highway Map to the 9/24/02 Transportation Committee of the Whole Meeting Agenda" (Russek); Item #5 Under Doug Gruber, Auditor/Treasurer, "Co. Ditch 35 Update" (Gruber). Sawatzke moved to approve the Agenda as amended, seconded by Mattson, carried unanimously.

Jude noted that Item #G1 contained a misspelling of Marilyn Miller's name on the supplemental material from the Sheriff's Department regarding her retirement, and stated that she has been a tremendous employee at Wright County. On a motion by Jude, second by Mattson, all voted to approve the Consent Agenda as amended:

A. ADMINISTRATION

1. Performance Appraisals: A. Gilbertson, Ct. Admin.; J. Gutknecht, Rec.; B. LeeMiller, S. Leinonen, K. Olson, M. Passig, Sher.

2. Claim, Frank Madden, $680.77.

B. ASSESSOR

1. Approve Abatement PIN# 101 060 000050, The City of Albertville. (City of Albertville).

C. ATTORNEY

1. Accept Resignation, Mary Doppenberg, Legal Secretary, Eff., 10/2/02.

2. Approve Luann Winterhalter, Legal Secretary, From 5/5ths Time to 4/5ths Time, Eff., 11/1/02.

3. Authorize Replacement For Luann Winterhalter, Legal Secretary, 5/5ths Time.

D. AUDITOR/TREASURER

1. Approve Tobacco License For "Pattern Stations," (City of Otsego).

2. Claim, Wright-Hennepin Electric, $468.78 (Fund 61 - Sewer).

E. PLANNING & ZONING

1. Reinstate Michael Woodford To assistant Building Inspector Position, Eff., 9/18/02 at Same Status As Termination Date 8/23/02.

F. RECORDER

1. Approve Hire, LaRae Fischer, Office Assistant, Eff., 9/30/02, Step 1.

G. SHERIFF

1. Acknowledge Retirement, Marilyn Miller, Cook Supervisor, Eff., 11/1/02.

H. HIGHWAY

1. Approval Of 2002 Maintenance Agreements Between Wright County And Ten Cities.

2. Add Official Highway Map To The 9/24/02 Transportation Committee Of The Whole Meeting Agenda.

Doug Gruber, Auditor/Treasurer presented a listing of 28 tax forfeiture parcels and requested a date/time be set to review the properties. Gruber stated those reviewing the properties would be Greg Kramber, Assessor, Commissioners Jude and Mattson, and himself. Mattson moved to review the properties on Wednesday, October 2, 2002 at 9:00 A.M., seconded by Jude. Carried 5-0.

Gruber requested the Reimbursement Resolution be rescheduled for the 9-24-02 County Board Meeting.

Gruber provided an update on Jt. Ditch 15. He stated Kerry Saxton, SWCD, Mattson, two individuals from FEMA, and he walked Ditch 15 last Thursday where three washouts have occurred East of Co. Rd. 1 in Stockholm. The washouts are very large and the 24 inch tubes appear to have been washed away. Mr. Goforth, FEMA, proposes cleaning out 50 feet before the first washout to 100 feet past the last washout (approximately 1500 feet) after crops are harvested. Gruber stated he would be meeting with Mr. Goforth again next week and will keep the Board informed. It was noted that property owners were assessed three years ago when the 24 inch tubes were installed and repair costs could be as high as $50,000. A proposal will be presented at a Special Legislative Session on Thursday for the State to pick up matching funds rather than local funds.

Gruber presented two quotes to clean out approximately 400 feet of Co. Ditch 38 in Montrose from Clamenta Avenue to where the tile ends. This area was reviewed last Thursday with Saxton, SWCD, and the Duske brothers who own property along this area, and again Monday, September 16th, by Gruber, Mattson, J. L. Schmitz & Sons, and Fyle Excavating. Schmitz & Sons submitted a quote of $1,850.00 and Fyle Excavating's quote was $675.00. Mattson made a motion to accept Fyle's quote of $675, seconded by Sawatzke. Gruber stated he would contact Fyle today and request that he notify Mattson as to when the clean out would be done. Russek suggested that if that did not take care of the problem to have Fyle check further down the ditch rather than pay to have equipment moved back out at a later date. Jude requested Gruber get a cost per hour from Fyle and use his judgment in having the cleanout done. Motion carried 5-0.

Gruber stated he had received a call from Al Weege in Maple Lake regarding mud slides down the bank of the railroad tracks along Co. Ditch 35 about 200 feet East of 109, and that he and Mattson viewed the area with Mr. Weege Friday afternoon. The railroad bank is very steep in this area and repair work is being done by the railroad. Mr. Weege's concern is documenting the work being done and that the railroad be responsible for any necessary cleaning out the ditch rather than property owners being held responsible. Jude mentioned he walked the area on Saturday and intends to have Saxton, SCWD, take a look at what the railroad plans are to reestablish the banks and prevent erosion. This was provided as an informational item.

Gruber presented the claims listing for approval. Mattson questioned whether there is a regular maintenance schedule for the Jail in regard to a claim on page 16 to Mitchell Painting. It was clarified that the bid to Mitchell Painting was let about a month ago. On a motion by Mattson, second by Jude, all voted to approve the claims as listed in he abstract, subject to audit.

The Budget Of The Whole Meeting of 9-4-02, 2:30 P.M. was reconvened on 9-9-02. On a motion by Eichelberg, second by Jude, all voted to approve the minutes as presented:

2002 Budget. Gruber stated that the payable 2003 overall levy limit is $22,320,193. This means that the budgets are over the limit by $29,323.00. Both Gruber and Norman stated that we should concentrate on looking at revenue sources. Swing stated that the earlier decision to drop $28,026 from the Human Services budget that was earmarked for WordPerfect site licenses would jeopardize the implementation schedule. Therefore, he is requesting that this amount be reinstated in the Human Services budget. Sawatzke said that the $13,950 allocation increase for State Child & Teen Checkup could be used to help make up the difference. Mleziva said that the pool costs associated with Targeted Case Management, Mental Health, could be modified to bring in $22,500 in additional revenue on an annualized basis. It was the consensus that we should try to maximize intergovernmental revenues. The Committee decided to hold another meeting in October after the September Revenue/Expenditure Guideline is distributed.

A Budget Committee Of The Whole meeting was held on 9-10-92. On a motion by Sawatzke, second by Eichelberg, all voted to approve the minutes as presented:

2001 Audit Exit Conference.

Rick Pietrick, Office of the State Auditor, stated that once again we will have an unqualified audit. He reviewed the draft audit and made the following comments:

Solid Waste Facility Enterprise Fund. He is recommending that the last sentence be changed to read: "The retained earnings could remain at a deficit until the debt is paid".

Summary of Changes in General Fixed Assets. He stated that a new capitalization schedule has been implemented. He commended staff for their efforts and said this will help with the GASB 34 implementation.

Statement A1 and A2. The Fund Balance compared to tax revenues and expenditures is at a good comfort level.

Statement A3. Revised pages were handed out. After discussion, he said he would analyze why the Historical Society and SWCD allocations do not equal the budgeted amounts.

Combined Balance Sheet, Human Services. A revised page was distributed adjusting the figures for cash flow and undesignated fund balances.

He then reviewed the Management and Compliance Section summarizing the finding as follows:

- Reportable conditions in internal controls were found not to be material weaknesses.

- The Auditor's Report on Compliance for the major Federal award program expresses an unqualified opinion.

- It is recommended that the County Board review the fixed asset policies and procedures and the means for enforcing them.

- Based on review of case files for Foster Care-Title IV-E, it was noted that 11 of 26 selected case files did not contain evidence that a redetermination of an individual's eligibility status was conducted. This is not regarded as a material weakness. Six month eligibility redeterminations are being conducted, they just were not properly documented in some of the case files.

- It is recommended that the County Board take steps to have the capital asset system interfaced with the general ledger.

- It is strongly recommended that the County Board provide the necessary directives to department managers that would allow for the recording of all detailed financial transactions in a consolidated general ledger.

- GASB 34 will be effective for Wright County for fiscal year ending December 31, 2003.

Norman reported Don Mleziva, Human Services Director, presented a report on the Health Insurance Portability & Accountability Act (HIPAA) Compliance requirement at Monday's Human Services Board Meeting. Congress passed HIPAA in 1996 in an effort to reform health care. The legislation was meant to streamline industry inefficiencies, reduce paperwork, make it possible for workers to switch jobs even if they or a family member have pre-existing conditions, and to detect and prosecute fraud. Norman stated compliance can be broken into an assessment phase involving the assembling of a work team, appointing a HIPAA coordinator and privacy officers; and the implementation phase consisting of filing for an extension of the deadline, and developing the plan to achieve compliance. Norman recommended the work team consist of Don Mleziva, Human Services Director; Carol Schefers, Public Health Director; Genell Reese, Civil Defense Director; Bill Swing, IT Director; Tom Kelly, County Attorney; Gary Miller, Sheriff; Mike MacMillan, Court Services Director; and Dick Norman, County Coordinator. Norman also recommended that he be appointed HIPAA Coordinator and that Mleziva, Miller, and Brian Asleson, Chief Deputy Attorney serve as HIPPA data privacy officers. Sawatzke moved to appoint Norman as HIPAA Coordinator; Mleziva, Schefers, Reese, Swing, Kelly, Miller, MacMillan, and Norman to the work team; Miller, Mleziva, and Asleson to serve as HIPPA data privacy officers; and to file for an extension of the deadline for EDI implementation by October 15, 2002. Seconded by Mattson, carried 5-0.

The meeting was recessed at 9:40 A.M. and reconvened at 11:00 A.M. for the Tobacco Appeal Hearing.

Brian Asleson, Chief Deputy Attorney, distributed a copy of the Tobacco Compliance Check form citing H&H Sport Shop, Maple Lake, for a violation on June 11, 2002. Asleson explained this was the third violation within a 24 month period of time and that the tobacco ordinance calls for the clerk selling the tobacco to be fined $75, the establishment fined $250, and for license suspension of not less than 7 days. Jody Churchill, owner of H&H Sport Shop stated she felt it should be viewed as the second offense rather than the third as procedures have been revised since the first check and requested the suspension be waived as it would have serious financial impact on her business. One of the major concerns expressed at a meeting last spring was the time delay between the date of the violation and notification. Churchill stated that she did not receive notice of the first violation until about a week before the second violation notice was received and others had the same problem in the Maple Lake area. Jude stated he felt the date was accurate that notices were mailed from the Auditor/sTreasurer's Office and cannot account for the delay in mail being delivered. Eichelberg moved to waive the 7 day suspension, second by Jude. Mattson didn't feel the policy should be waived once established and to change each time someone came in with an appeal. Jude stated he was willing to support a waiver of this suspension because of what he referred to as gray areas with delay in mail and procedural changes. Churchill felt the reason for having an appeal process was to allow an establishment to be able to explain their situation. Russek stated that regardless of the procedure the fact is that H&H Sport Shop was caught three times selling tobacco to minors. In response to a question by Sawatzke, Asleson stated that one other establishment had received a third violation and did have their license suspended for 7 days. Sawatzke stated to waive the license suspension for H&H Sport Shop would be inconsistent and unfair to the other establishment whose license was suspended. He felt the appeal process was for questioning whether the compliance check was improperly done, which clearly was not the case since H&H Sport Shop admits the violations did occur. Asleson stated there were questions last spring about resetting the clock on violations prior to the ordinance and procedures changes, but in searching minutes did not find any action taken to do so, and therefore, the record shows this as being H&H Sport Shop's third violation. He also stated the motion should include affirmation that the violation was being upheld and the prior violations remain on the books and any future violations in the case of H&H Sport Shop would be multiple violations. Eichelberg amended his motion to include acknowledgment that this was the third violation, the fines would be imposed, and the suspension pertained only to waiver of the 7 day license suspension in this particular violation, seconded by Jude. Churchill stated she did not feel Mattson should vote on the motion due to possible conflict of interest because his son used to work for her. Russek stated that according to an opinion given by the previous County Attorney, a commissioner had an obligation to vote on a motion unless there was a financial conflict of interest. Motion failed 3-2 with Mattson, Sawatzke, and Russek voting against the motion.

Sawatzke moved to uphold the tobacco compliance violation order noting this was the third violation for H&H Sport Shop within a 24 month period of time, with a $75 fine for the clerk, and a $250 fine and 7 day license suspension to be imposed upon the establishment, seconded by Mattson. Jude stated that for the record he felt it was a unique circumstance because those in the Maple Lake area say they didn't receive notification according to the date mailed from the Auditor/Treasurer's Office, and is willing to try to work with businesses. Motion carried 3-2 with Eichelberg and Jude voting against the motion. Churchill stated that she will appeal the Board's decision in court. Asleson stated the Attorney's Office will follow up with the official written notification to H&H Sport Shop. Sawatzke questioned the timeframe in which Churchill can take her appeal to court and requested Asleson communicate with Churchill regarding her rights. Asleson stated the ordinance states the appeal goes to district court and would communicate with Churchill regarding the procedures to be followed.

Bills Approved

Advantage Water Conditioning 275.13

All-Data, Inc. 195.52

Allina Health Systems 300.00

AME Group 510.14

American Institutional Supply 328.41

AMI Imaging Systems, Inc. 1250.00

Ancom Technical Center 1122.94

Annandale Advocate 155.00

B&B Products, Inc. 1145.18

B&D Plumbing & Heating 2169.55

BLM Technologies, Inc. 483.70

Bowman Distribution 353.26

Buff'N'Glo, Inc. 135.00

Burdas Towing 165.35

Careertrack 417.00

Catco Parts Service 725.13

Centra Sota Lake Region LLC 44,292.80

Central Hydraulics 346.23

Cintas Corp. No. 470 273.78

Climate Air 680.00

Cokato Equipment, Inc. 596.40

Commissioner of Transportation 2031.65

Coon Rapids City 395.00

CPS Technology Solutions 170.00

Data 911 Systems 10,409.40

Delano Municipal Utilities 300.00

Desmarais, Randal 111.52

DLT Solutions 1222.94

E-Z Flush 387.28

Election Systems & Software, In 5304.89

Emery's Tree Service, Inc. 372.75

Engel, Dale 246.84

Enterprise Dispatch 171.00

Finken's Water Centers 443.57

G&K Services 1179.50

Glunz, Raymond 100.00

W Grainger, Inc. 512.28

Greenside Up 354.39

Greenview, Inc. 11,275.95

Hanson, Chris 109.48

Herald Journal Publishing, Inc. 279.64

Hillyard Floor Care Supply 3565.34

Holiday Inn - Duluth 153.68

Jans, Brian 100.00

Kramber, Greg 246.50

LaPlant Demo, Inc. 998.46

Lund Industries, Inc. 864.80

Marco Business Products 1722.48

Martin-McAllisters Consulting 700.00

McDowall Company 940.00

Micro Warehouse 101.44

Mid-Minnesota Hot Mix, Inc. 25,504.61

Midland Corporate Benefits, Svc 747.50

Minnesota CLE 260.00

Minnesota Supreme Court 200.00

Mitchell Painting, Inc. 12,650.00

MN Counties Computer Co-op 3215.02

MN Government Finance Officers 255.00

Monticello Ford Mercury, Inc. 4324.23

Office Depot 1248.98

Oryans Conoco 110.00

Pats 66 144.00

Performance Office Papers 147.77

Photo I 843.52

PMI Computer Supplies 279.92

Praska, Tom 283.90

Qwest 6241.04

Rasmuson, Anthony 255.34

Record Preservation, Inc. 428.18

Reds Auto Electric 301.02

Russek, Jack 135.66

Ryan Motors, Inc. 3470.44

Servicemaster of St. Cloud, Inc. 5112.00

St. Cloud Times 310.66

State of Minnesota ITD 266.19

State Supply Co. 338.71

Streichers 1042.48

Synchro-Start Products, Inc. 170.79

Thomas Mfg. Co., Inc. 222.00

United Rentals-HT Branch 229 12,082.07

Weber, Daniel 112.20

Wessman Oil Co. 134.78

Wright County Highway Dept. 25,395.78

Wright County Human Services 222.00

Wright-Hennepin Electric 4411.37

Xcel Energy 168.74

49 payments less than $100 2259.55

Fnal Total $213,986.75

The meeting was adjourned at 11:36 A.M.


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