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Wright County Board Minutes

May 18, 2004

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

Russek moved to approve the minutes of 5-11-04, seconded by Eichelberg, carried 5-0.

Petitions were accepted to the Agenda as follows: Aud./Treas. Item #2, “Update, Ditch 13” (Hiivala); Item For Consid. #7, “AMC Meeting Update” (Mattson). Russek moved to approve the Agenda as amended, seconded by Heeter, carried 5-0.

On a motion by Heeter, second by Mattson, all voted to approve the Consent Agenda:

A. ADMINISTRATION

1. Performance Appraisals: B. Asleson, T. Frazier, T. Zins, Atty.; L. Anderson, Bldg. Maint.; R. Klocke, Hwy.; B. Wall, IT.

2. O/T Report, Period Ending 5-07-04.

B. COURT ADMINISTRATION

1. Acknowledge Hire, Carolyn E. Provis, Court Clerk, Eff. 5-19-04 (Class D, Step 3).

C. HIGHWAY

1. Approval Of 2004 Maintenance Agreements Between Wright County & Ten Cities.

2. Approve Cooperative Funding Agreement No. 04-50 With St. Michael For Improvements To Intersection Of TH 241/CSAH 35 & CSAH 19.

3. Award Contract #0404 To Buffalo Bituminous, Inc. For The CSAH 35 Project (SAP 86-635-30), $1,172,325.95.

D. PLANNING & ZONING

1. Accept The Findings & Recommendations Of The Planning Commission For The Following Rezonings:

A. Roger & Elizabeth Jarvis (Maple Lake Twp.). Approve Request To Rezone From AG & S-2 To A/R & S-2.

B. Robert Lange (Southside Twp.). Approve Request To Rezone From AG To R-2a.

E. SHERIFF

1. Acknowledge Appointment, Ross Pool, Deputy Sheriff, Eff. 5-20-04 (Grade 5).

2. Acknowledge Appointment, Robert Mossman, Deputy Sheriff, Eff. 6-1-04 (Grade 5).

3. Acknowledge Appointment, Dale Flom, Deputy Sheriff, Eff. 5-20-04 (Grade 5).

4. Acknowledge Appointment, Kenneth Kangas, Deputy Sheriff, Eff. 5-20-04 (Grade 3).

The claims listing was reviewed. Mattson referenced a claim on page 6, Buffalo Hospital ($2602.80). It was clarified that a staff person was receiving therapy and the costs will follow through to the prisoner who had caused the injury. On a motion by Mattson, second by Russek, all voted to approve the claims as listed in the abstract, subject to audit.

An update was provided on Ditch 13. On 5-13-04, Hiivala and Eichelberg met with Mr. Rhodes who thought water was being obstructed by beaver dams. The Rhodes and Elletson properties were walked and no beaver dam blockage was found. The water did not appear to be flowing on the Gutknecht property (south side of road) and there were quite high water levels. The Surveyor was consulted to obtain an aerial photo reflecting benefitted property owners. Eichelberg moved to direct Kerry Saxton, SWCD, to review the area to determine where the ditch should be and if it would be cost effective to perform repairs. Saxton is to provide a report back to the Board. The motion was seconded by Russek and carried 5-0.

Greg Kramber, Assessor, requested approval of appraisal work for the Monticello Kmart by Dahlen, Dwyer & Foley, Inc. Kmart has filed tax court petitions for the 2000-2003 assessments for the Monticello facility. Kramber recommended hiring Dwight Dahlen for professional real estate appraisal services. Kmart has filed petitions nationwide and Dahlen is providing services for many cases in Minnesota. Proposals from two other firms came in higher. The fees for a “Limited Restricted Appraisal” are $4000. If the case went to trial, the County would accrue an additional expense of $4500 for a “Complete Self-Contained Appraisal” plus $200/hr. for trial preparation and court testimony. The reason for the four-year period of tax court petitions is because Kmart had filed for bankruptcy. That process is now complete. Kmart has paid their taxes on the property. With any form of litigation if the taxes aren’t paid in full, the right to a formal appeal is lost. Brian Asleson, Chief Deputy Attorney, stated that ten counties in Minnesota are in the same position. He supported the recommendation to hire Dahlen. A tentative December trial date has been set. Russek moved to hire Dahlen, Dwyer & Foley, Inc. as recommended. The motion was seconded by Eichelberg and carried 4-0 (Mattson absent).

Bill Swing, Information Technology Director, stated that Police Chief Mitch Weinzetl, City of Buffalo, brought forth a Criminal Justice Systems Integration Grant. The grant proposal would tie together electronically the County and the Cities of Annandale, Buffalo and Howard Lake. Those entities would be on a common automated system. The County Departments of Court Services, Attorney, Court Administration, Information Technology and the Sheriff endorse the concept. The grant details need to be worked out. The total grant request is approximately $62,000 and requires matching funds from the County of just under $15,000. Discussion on matching fund sources will be discussed during the budget process. The request is for endorsement of the grant concept. The grant requires a break down of in-kind labor and the cash match. Swing and Heeter commended Chief Weinzetl for his work on this project. Heeter supported this to streamline the services of criminal justice. Swing said the idea is to coordinate with the State effort to be better able to deliver the data and satisfy the Crimnet requirements. The City of Buffalo will apply for the grant and asked for endorsement of the concept of the County Board. If an award is made, the grant would be discussed further. The Cities involved would also have resource participation. Heeter moved to support the grant application for the Criminal Justice Systems Integration Grant to partner with the Cities of Howard Lake, Annandale and Buffalo. The motion was seconded by Russek and carried 5-0.

Tom Salkowski, Planning & Zoning Administrator, requested that the Board accept the recommendations of the Planning Commission to approve a Zoning Ordinance Amendment changing the Bed & Breakfast definition, as proposed by Catherine Rose. The Planning Commission held a Public hearing on the issue on 4-29-04. The goal of the Ordinance is to prohibit mini-resorts but provide flexibility. Rose owns 50-60 acres and has one guest house in an isolated area. She also has Bed & Breakfast units in her home and has been licensed by the State of Minnesota. Russek moved to adopt Ordinance #04-02 supporting the Planning Commission’s recommendation for the Zoning Ordinance Amendment, Bed & Breakfast, proposed by Catherine Rose. The motion was seconded by Mattson and carried 5-0.

Amendment to the Wright County

Zoning Ordinance

Section 302 Definitions (this is the existing definition)

(9) Bed and Breakfast - A single-family dwelling with furnished bedrooms provided to guests, at which meals may be served to guests by the permanent residents, which is kept, used or advertised as, or held out to the public to be, a place where sleeping accommodations are supplied for pay to guests for transient occupancy as defined in Minn. Stat. 327.70, Subd. 5, but in no case shall continuous occupancy exceed 30 days. There shall be offered for guests no more than four bedroom units per single family dwelling, accommodating not more than two adult persons per unit.

Add the following to the end of the definition:

“One guest house, as defined in Section 712, located on the same property, may be used as one of the permitted four units for an approved Bed and Breakfast provided that the residence on the property does include at least one unit.”

(End of Ordinance Amendment)

At 9:30 A.M., the Board Meeting recessed and the Public Hearing was held for the Ditch 38 Lien Apportionment for George Brummer. Asleson said Brummer owns a couple of parcels bisected by the railroad to the west of the Montrose City limits. There is no concern with the ditch assessments for the two larger parcels. There is a small section of land (.17 acres) with ditch assessments of $796.49. Review of the entire ditch file has not been completed. However, Asleson found a 1973 ditch assessment listing which reflects that the tax parcel identification number assigned to this .17 acres is the same as that for the mobile home park. Some rerouting of the ditch and a formal change to the mobile home park assessments may have occurred. At this time, the mobile home park parcel had no assessments attached to it. The Surveyor provided an overlay of aerial photos with the ditch maps. This reflected that the mobile home park was a benefitted area. Asleson will attempt to determine whether any action was taken. He noted that the approximate one-acre parcel to the west of Brummer had an assessment for $45.79 for ditch work. The parcel on the east side of Brummer did not have any ditch assessments. The main reason for the Public Hearing was to hear from parties. Asleson will present a recommendation in the future. No public comment was received. The Public Hearing closed at 9:35 A.M. and the Board Meeting reconvened. Mattson moved to authorize Asleson, Wittstock and Hiivala to come forward with a recommendation. The motion was seconded by Russek and carried 5-0.

A Civil Defense Committee meeting was held on 5-11-04. Mattson moved to approve the minutes, seconded by Heeter, carried 5-0:

Homeland Security Grant Program. At the last meeting, the Committee recommendation was to proceed with applying for the 2004 State Homeland and Security Grant. Grant funding would be utilized to hire a contract person to perform planning activities including application, exercising, oversight and coordination of grant programs. Since the last Committee Meeting, it was learned that the grant funding would be for $50,000 per year (2004 & 2005). As funding for 2004 may not be received until sometime in the Fall, expenditures will be allowed through November 2005. At today’s Committee meeting, Reese explained that documentation for the grant application had not been completed. As a separate grant application for the 800 MHz System upgrade was not approved, Bill Swing had approached her with regard to possibly obtaining funding as part of the Homeland Security Grant Program. The grant funding applied for was awarded to the City of Robbinsdale. Norman said the County should be cautious on proceeding with the implementation of the 800 MHz upgrade. There is currently a bill in the Legislature to fund 50% of the implementation for either the SE corner of Minnesota or Wright/Sherburne/Stearns/Benton Counties. Reese explained that the future of civil defense is uncertain as to whether it will be under the direction of Homeland Security or the Governor. Heeter felt if a full-time consultant were hired, the position would more than fund itself through grant opportunities that the County may now be missing. The position would be responsible for management and coordination of grants as well as performing drills, exercises and training. Swing explained that the cost will be approximately $500,000 to upgrade the ENFORS System. That figure does not include the hardware. Up front planning is needed. The proposal from Vegamast is split into two parts. The first, at an approximate cost of $36,000, would be to advise Wright County on the 800 MHz system. The second, at an approximate cost of $20,000, would be for the integration to the 800 MHz system. The costs would be for a consultant for planning purposes only. As the County is discussing potentially moving Dispatch if a new Jail facility is built, Norman suggested coordinating the upgrade to the 800 MHz system to avoid duplication of cost. The current radio system’s life is projected at approximately two years. The importance of long range planning was stressed. Potential funding sources for the upgrade were discussed including bonding and use of E911 funds. Recommendation: The Committee consensus was to recess the meeting to 5-18-04 at 8:00 A.M. Reese and Swing will proceed with drafting the application for the 2004 State Homeland and Security Grant. The funding would be used to hire consultant(s) services to perform activities as outlined in the grant documentation. Activities selected should be broad enough to allow the use of funding for grant planning/exercising or for the 800 MHz system. (End of Civil Defense Minutes)

Richard Norman, County Coordinator, reviewed the Ways & Means Committee Minutes from 4-28-04, 5-04-04, and 5-10-04. On a motion by Mattson, second by Russek, all voted to approve the three sets of minutes as presented:

04-28-04 WAYS & MEANS MINUTES:

Host Fee Agreement. A draft copy of a Host Community Fee Agreement prepared by Onyx was distributed for review (attached). Discussion followed on what benefits there would be for the County beyond the surcharge which we can collect by State Statute. It was clarified the Agreement applied only to construction and demolition materials and not industrial waste. Sawatzke felt the Agreement does not provide any additional money beyond what the County can collect with the surcharge; and contains a number of concessions which would be restrictive to the County. Peters confirmed the host fee would provide the equivalent dollar amount that would be allowed by a surcharge. He stated it is his understanding the County is interested in entering into a host agreement because it would allow more flexibility in use of the fees. Discussion followed on a number of points in the Agreement. In response to questions from Sawatzke, Peters stated Onyx would not include industrial waste in the Host Agreement, and that the considerations or benefits listed for Onyx were for working with the County to obtain more flexibility in use of the fees. Chris Basgall stated it is a first draft and that Onyx is interested in working with the County. Since the County did not have an opportunity to review the draft in detail prior to the meeting, Norman suggested the County review the draft and provide a written response on the various articles of the Agreement. Sawatzke expressed concern in delaying the ability to collect the surcharge in the event a host agreement is not entered into and requested Asleson begin the process to implement a surcharge simultaneously. He requested this be placed on the 5-4-04 County Board Agenda. Basgall and Peters left the meeting for the Committee to use the remainder of the meeting time to review the draft. At 11:30 A.M. the meeting was recessed to 1:00 P.M., Tuesday, May 4, 2004 to continue discussion and revision of the draft host agreement. (End of 4-28-04 Ways & Means Minutes)

05-04-04 WAYS & MEANS MINUTES:

Host Fee Agreement. The April 28, 2004 meeting was reconvened at 1:00 P.M. Revisions were proposed to the draft Host Agreement. (A full copy of the minutes outlining these revisions are on file in the Wright County Administration Office). At the 5-18-04 County Board Meeting, Norman highlighted several of the changes including:

• 1.7 was changed to add INDUSTRIAL WASTE definition.

• Change 1.7 CUBIC YARD to 1.8 CUBIC YARD and change weight to 450 pounds, and add cubic yard of Industrial Waste at 1,000 pounds.

• #3 Change rate from $0.375 to $0.50. Add Industrial Waste at the rate of $1.00 per cubic yard.

(End of 5-04-04 Ways & Means Minutes)

05-10-04 WAYS & MEANS MINUTES:

Host Fee Agreement. The May 4, 2004 meeting was reconvened at 3:00 P.M. Asleson distributed revised copies of the draft Agreement which incorporated the proposed changes discussed at the 5-04-04 meeting. He then reviewed each section of the Agreement with the Committee. Asleson provided the following definition of “Industrial solid waste” from Minnesota Rule 7035.0300:

Sub;. 24. Industrial solid waste. “Industrial solid waste” means all solid waste generated from an industrial or manufacturing process and solid waste generated from nonmanufacturing activities such as service and commercial establishments. Industrial solid waste does not include office materials, restaurant and food preparation waste, discarded machinery, demolition debris, municipal solid waste combustor ash, or household refuse.

No additional changes were made to the Agreement. Asleson stated Basgall, Onyx FCR Landfill, had contacted him on 5-07-04 regarding the status of a response from the County on the draft Agreement. Recommendation: It was the consensus of the Committee for Asleson to e-mail a copy of the revised Host Fee Agreement with the changes the County would like to make to the Agreement to Chris Basgall on 5-11-04 for their review, and to request possible meeting dates with Onyx representatives to further discuss the proposed Host Fee Agreement. (End of 5-10-04 Ways & Means Minutes).

Sheriff Gary Miller provided information on a Department of Justice COPS in Schools 2004 Grant which would be used to hire a school resource officer for Delano Schools. There are currently school resource officers in Monticello, St. Michael, Cokato, Annandale and Buffalo. The officer in Rockford is provided through Hennepin County. The grant would provide up to $125,000 in federal grant funding and would require a match between the School and County over the three-year period. Miller estimated this match to be approximately $8200, including salary and benefits, for each of the three years. If the County chose to participate in the grant, it would require the hiring of an additional deputy. This will be discussed during the upcoming budget sessions. The deadline for the grant application needed to be met so application was made. The deputy would work in the school 9 months and as a deputy for 3 months. The grant will reflect that the deputy will be used to supplement the force on the street. Heeter felt the presence of the officer in schools is important. In addition to enforcement, they build relationships and mentor students. Russek said the Delano Safe Schools group supports this request. Russek moved to approve application for the Department of Justice COPS in Schools 2004 Grant, seconded by Heeter, carried 5-0.

Chris Basgall, Onyx FCR Landfill, and representatives from Gopher Resources Corp., RMT Inc., and MPCA were present to provide an update on the Gopher Resource slag issue. John Tapper, Gopher Resources, provided an overview of their company and said Gopher Resources processes for recycling lead acid batteries and other lead materials which come to their facility. Slag has the consistency of iron and is low in lead content. The material was non detect for six years. In December, 2003, a test performed reflected samples exceeded the level 4 hazard. The MPCA, Dakota County and Onyx Landfill were notified. Tests performed on return loads from Gopher reflected that one passed and one failed. It was determined that the slag in the material delivered was hazardous. The processing conditions changed in October, 2003 when Gopher Resources started processing material with Johnson Controls, Milwaukee Wisconsin. There was less sodium in the material so it was more leachable. Tapper said they are still shipping material to a hazardous site even though it is not considered hazardous at this point. From the period of October, 2003 to January 5, 2004, the estimated amount of slag was between 10,000-17,000 tons. It is located in five areas of the landfill. The estimated quantities for removal are between 470 to 900 truckloads.

Bernd Rehm, RMT, said their company is headquartered in Madison,Wisconsin and has been in business since 1977. Fifteen years ago, they received the first patent for treatment of lead bearing materials. Since that time, fourteen patents have been awarded and other are pending. They have experience with treatment and removal in an environmentally friendly way. Material is added to the slag so it doesn’t leach. As lead leaches, it comes in contact with their material and forms a new material which is insoluble. To date, RMT has treated 25 sites in Minnesota for lead. Of those sites, 20 had material treated and placed in a landfill. The other treatments were considered acceptable and the material remained on site. On a broader scale, the technology has been applied in 31 states with over 400,000 tons of material successfully treated. In 11 of the states, the material was allowed to remain after treatment. Rehm outlined the four options to be considered specific to the slag material in the Onyx Landfill:

1) No action. He did not feel this was an option which was acceptable in this case.

2) Excavate waste, load it in trucks and haul it to Wisconsin. The material would be treated and disposed of in Wisconsin in accordance with Wisconsin rules. It is estimated that 470-900 trucks of material would leave the facility over a period of weeks to months, dependent upon how fast the material is excavated. Issues involved would be loading the material, dust control, and moving the material from one landfill to another. In the interim, the material would be treated at another landfill and rendered non-leachable.

3) Treat the material at the current location within the landfill. The material would be excavated and treated using standard construction equipment. Once it was treated and passed testing, the material would be loaded in trucks and transported to a local landfill. This option would provide less travel than hauling the material to Wisconsin. The end result would be treated material moved to another landfill.

4) Treat the material in place at the landfill. The material would be treated in the ground as it rests or after it is excavated into piles. Testing would be performed to make sure leaching requirements were met. In addition, one test excavation would be performed. As waste does not remain segregated when it is placed into a landfill, extra chemical would be added to treat anything in the surrounding areas. The end result is treated material in the landfill and the material would not be removed.

Sawatzke felt it may be hard to test the material if it is not excavated. Rehm stated that the material would be dug up, treated, tested and placed back into the ground. The current order from the MPCA is to remove the material from the landfill. Mattson said he has not been a supporter of the landfill and the amount of people who were present for discussion today bothered him. He felt the problem must be very serious for the property owners in Wright County. He questioned the difference between Wisconsin and Minnesota law. Rehm said there is not a difference in law but the landfill identified in Wisconsin has a permit to treat material before it is disposed. That option is not currently in place at the Onyx FCR Landfill. Mattson questioned the proximity of the landfill in Wisconsin to surrounding lakes. Rehm said that there are a number of lakes around Menomonie but not as many as here. He felt it was a similar setting with lakes, surface water and landfill designs.

Sawatzke directed a question to Gary Eddy and Katie Koelfgen from the MPCA. He inquired whether an additional letter had been sent to Onyx FCR Landfill since the one indicating the slag material needed to be removed. He said the information the Board was being presented today was new to them. Koelfgen responded that when the initial letter was drafted, a decision needed to be made on whether to excavate or not. Taken into account were the type of material, location in the landfill, and the waste surrounding it. The letter was sent to have the material excavated. The initial cost estimate was $330,000-$543,000 to remove the material. As this figure did not include the extra waste material excavated along with it, the new estimated cost is $1.6-$3.2 million. Gopher Resource came back with a proposal to treat the material on site. To obtain a closer cost estimate, a test excavation was performed on Area C. This area consists of cover material, slag and demolition. RMT and their subcontractor tested the site. Time estimates were one-half of a day. Five trucks were weighed and the process took one full day and was continued the next day. Asbestos material was then found in Area C so the process did not continue. Koelfgen said Area C contains slag from October only. Gopher Resources informed them that they accepted material from Johnson Controls in October. There is a 30-day lag period to produce slag and so it is believed that the hazardous material was delivered after October 30th. New cost estimates were asked for based on the test sites and projected at $1.2 million for complete excavation. This does not include costs for test excavation or consultants fees.

Koelfgen provided an overview of the waste areas containing slag. Areas A & D are above grade and are in stockpiles with soil over them. Area E is within the current road bed and contains rock and soil with slag underneath. Area B is the largest area and appears to contain cover material, slag, and demolition below that. They did test to determine whether the slag was within the demolition material and there is no indication of that. The position of the MPCA is that with the exception of Area C, all material should be excavated. Area C may not contain hazardous material. Due to the presence of asbestos, a test will be completed. Koelfgen said that they are open for proposals as to what to do next, whether to ship the material off site out of state or to entertain proposals for on-site treatment and disposing on site as non-hazardous material. If this were allowed, a stipulation agreement would be drawn between the MPCA and the two companies involved. The agreement would outline standards with penalties attached if not followed. Sawatzke asked Koelfgen if it was fair to say it was a mess out there and Koelfgen responded that it was. Koelfgen said that sampling was done in accordance with the landfill permit. The landfill was unaware the process had changed by Gopher Resource. Gopher had signed off in the summer that the process had not changed. The process then changed and the right steps were not taken. When a process is changed, new sampling would have to transpire. Sawatzke questioned whether any fines had been assessed. Koelfgen said a Notice of Violation had been issued to Onyx FCR Landfill. That enforcement hasn’t been completed. She said the MPCA and Gopher Resources are in the process of a stipulation agreement negotiation.

Russek referenced the past court case between Wright County and Onyx Landfill. His concern during that time was whether Onyx could guarantee what was being delivered to the landfill. He felt this showed that they did not know. Koelfgen said meetings were held to discuss the issue, including one attended by the MPCA Commissioner. Koelfgen said that the stipulation agreement would be with Gopher Resources. If material is allowed to be treated on site and shipped elsewhere, Onyx Landfill would be a part of the stipulation agreement. Included in the agreement would be conditions to hold them to the standards for on site treatment and enforcement methods. Koelfgen said the reason the MPCA Commissioner was involved in the meeting was because Gopher Resources sent a letter to the Commissioner requesting that the MPCA consider all possibilities rather than just excavation. This triggers her to want to be briefed on the issue in order to form a response.

Norman inquired what weight the MPCA would place on any position taken by the County Board. Koelfgen responded they want to consider Wright County’s position and that is why the suggestion was made to discuss this with the County Board.

Sawatzke said the County Board would not take action today as they only just learned of the situation. Koelfgen said they will await response from Gopher Resources to see what they want to do with the material.

Gary Eddy, MPCA Supervisor of the Metro Region, said one of the considerations is the economic hardship on Gopher Resources. Initially, MPCA wanted excavation of the material. After the letter to the MPCA Commissioner explaining the economic hardship, they felt they must review the situation and balance it with the environmental concerns. If the material could be excavated, treated and moved to a landfill, it will save Gopher Resources money. Eddy said Gopher Resources does an environmentally beneficial thing by recycling batteries and wanted them to stay in business. The MPCA is currently in negotiations with Onyx and Gopher. As part of the process, they may request Gopher’s economic records to determine their economic situation. The MPCA wants to work with Wright County. County Board approval of the action is not required but the MPCA would like to know the Board’s position on the issue. Sawatzke said he appreciates the MPCA’s interest in Gopher Resources and he did not want to criticize what can legally be done. He was more concerned with the things that were not done within the law. Regarding economics of the company and how it impacts them, he questioned the value of clean water in the area and whether that was more important than the economics of Gopher Resources. Eddy said it would be hard to place a value on this but it will be taken into account when the decision is made. They will balance the decision with economics but lean to the environmental side of things. Russek referenced groundwater contamination and the catastrophe which would result if a city could not use their water. He felt that would be worse than losing a company. Mattson said that with regard to economics, businesses must cover losses. He was concerned with the impact on health.

Koelfgen reiterated that the MPCA’s position was to excavate all but Area C. It is yet to be determined whether Area C will be treated on site or excavated. More testing will be performed on this area to determine if it is hazardous material.

Chuck Davis, Wright County Environmental Health Officer, asked the MPCA if they were familiar with the slag process and whether there were leaching concerns 10-12 years into the future. Eddy responded that those types of issues are being deferred to their hazardous waste staff who are working with Gopher Resources on the waste treatment. He said Dan Carr, Engineer, was working on this and confident that the treatment process will work. The longevity of the process is unknown. Tests render the material non-hazardous. He said it hopefully will remain non-hazardous in the landfill. Sawatzke asked if any material processed would end up at another location. Eddy responded that this was the case except with Area C. Everything excavated from the other areas would be treated on site, rendered non-hazardous, and shipped to a landfill. Eichelberg questioned whether treatment of the material on site would have any affect on the landfill. Eddy did not think it would. The process would have to be submitted by RMT and approved by the MPCA. A stipulation agreement would also need to be negotiated as there is not a permit to treat the material at this location. Russek pointed out that the County recently passed the Zero Phosphorus Ordinance for lawn fertilizer and now phosphorus would be used to treat contamination in the landfill.

Rehm commented on the long term stability of the process. He said there is a multiple extraction procedure designed to simulate 10,000 years of exposure to rainfall. They subjected their materials to this procedure and to date, success was demonstrated controlling the leaching for a 10,000 year period. The process involves a mixture of phosphorus and magnesium oxide to treat the slag material. He said it would be unusual to exceed 10% by weight of these materials. The phosphorus combines with lead and other materials in the landfill to create minerals. Rehm said there would not be free or soluble phosphorus in the landfill.

Jeff Young, resident who lives one mile east of the Onyx Landfill, questioned whether Onyx would continue to do business with Gopher Resources. He was concerned with the groundwater and mentioned the problems with surface water on the Bryant property just east of the landfill.

Basgall referenced the comment made about the amount of people present for today’s discussion. He said that when the problem first occurred, he came in to inform the Board. The intent is to continue working on this to correct the situation. They were present today to explain the options available. He said the County’s opinion is important and that they will do whatever the MPCA indicates. Sawatzke thanked those present for their attendance at today’s meeting and expressed appreciation to the MPCA for taking the issue seriously. He said the County was not prepared today to state a position.

On a motion by Russek, second by Heeter, all voted to authorize attendance at the Administration & Enforcement of the Wetlands in Minnesota Seminar, being held on 5-20-04 in St. Cloud.

On a motion by Mattson, second by Heeter, all voted to authorize attendance at the Wes Min RC&D 40th Anniversary Celebration , seconded by Heeter, carried 5-0.

An update was provided on the Homeland Security Grant Program. A Civil Defense Committee Meeting was held today to discuss the grant application. If received, the grant would be for $50,000 and could be spent through November, 2005. The Committee will recommend to expend $20,000 for 800MHz radio system preliminary work and $30,000 to contract for services for Homeland Security issues, emergency management, training, exercising and managing grant opportunities. The minutes from that meeting will be presented for approval at the next County Board Meeting. The grant application will be brought forth at that meeting as well. Heeter moved to lay the grant application over to the 5-25-04 Board Meeting, seconded by Mattson, carried 5-0.

A draft resolution was presented for approval for Lighting Agreement #86379-R with Mn/DOT. The agreement identifies responsibilities, cost participation, etc. for the lighting construction at three different locations: TH 55 at a new connection with CSAH 14, TH 12 at CSAH 14; and TH 24 at CSAH 39. The total County cost is $14,580.00. The project requires a 50/50 match between the County and State. Eichelberg moved to adopt Resolution #04-29, seconded by Russek, carried 5-0 on a roll call vote.

Correspondence was received from the Mayor’s Association inviting the Board to participate in a County/City Forum at the Golf Course on 6-22-04 at 11:30 A.M. Russek moved to authorize attendance recognizing a quorum of members may be there. The motion was seconded by Heeter and carried 5-0.

Mattson provided an update on the AMC District V Meeting in St. Cloud on 5-17-04. Mattson was selected as an alternate for the AMC Extension Committee. Heeter said there was discussion on meth issues in rural Minnesota. A Community Forum will be held at the Buffalo City Hall on 5-25-04 at 7:00 P.M. An ordinance relating to meth cleanup will be brought forth to the Board in the near future.

Bills Approved

Brian Abrahamson $240.75

American Bio Medica Corp. 442.50

AMI Imaging Sys. Inc. 2,400.00

Larry Anderson 116.00

Annandale Rock Products 2,309.00

Aramark Correctional Serv. 14,691.19

Arctic Glacier Inc. 159.12

Armstrong Medical Ind. I 1,964.84

Kirk Asplin Oil Co. Inc. 129.33

B & D Plumbing & Heating 284.00

BLM Technologies Inc. 211.94

Boyer Trucks Rogers 131,532.00

Brock White Co LLC 2,130.00

Buffalo Bucks 100.00

Buffalo Hospital 8,566.28

Buffalo Hosp.-Otpt Commerci 2,834.50

Careertrack 149.00

Center Point Energy 577.81

Central Lakes College 1,800.00

Climate Air 9,915.50

Clinnet Solutions LLC 190.00

City Cokato 582.85

Commissioner of Transp. 1,311.37

The Copy Shop 563.78

Country Chevrolet 640.60

Crescent Elec. Supply Co. 14,412.65

Cretex Concrete Prod. North 551.07

Ernst General Constr. Inc. 618.00

Tom Feddema 270.75

Franz Reprographics 160.86

GCS Service Inc. 265.79

General Pallet Inc. 424.00

Grafix Shoppe 619.00

Guidance Software 1,905.25

Hillyard Floor Care Supply 331.64

Identix Incorporated 3,608.00

Int’l Public Management 595.00

Interpretations 246.75

ISS 1,933.75

Tammy Klimmek 192.75

Kramers Hardware 108.02

Laplant Demo Inc. 1,018.14

Law Enforcement Tech. Gro. 4,440.65

Loffler Companies Inc. 2,800.00

Sheri Lumley 175.00

M-R Sign Company Inc. 5,058.11

Marco Business Products 2,151.30

Midland Corp. Benefits SVC 747.50

MN County Attorneys Ass’n 105.00

MN Hwy. Safety/Research 1,030.00

MN Sheriffs Association 220.57

MN State Auditor 2,528.89

MN Transportation Alliance 400.00

Mobile Vision 237.98

Monticello Comm. Ed. 1,500.00

Morris Excavating Inc. 630.00

Nat’l Public Safety Info Bu 129.00

Neil’s Floor Covering 5,351.00

Office Depot 1,178.65

OSI Environmental Inc. 645.00

Photo I 810.91

QWest 7,693.43

Ray Allen Mfg. Co. Inc. 149.90

Ryan Motors Inc. 527.10

SBC Paging 763.67

SKC Communication Prod. 376.64

Software House Int’l In 921.25

Southside Township 607.40

City St. Michael 4,147.40

State MN-Info Tech. Div-R HA 411.50

Total Printing 2,230.27

Truck Utilities Mfg. Co. 359.50

Viking Coca Cola Bottling Co. 197.06

Shawna Vollbrecht 125.00

James Weinberger 337.13

West Group Payment Center 1,622.04

Western Container Co. 1,327.53

Westside Equipment 161.00

Wright Co. Human Serv. 4,000.00

Wright Hennepin Electric 3,621.96

Wright Lumber & Millwork Inc. 238.83

34 payments less than $100 $1,524.95

Final total $272,586.90

The meeting adjourned at 10:55 A.M.


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