Wright County Board Minutes
JUNE 5, 2007
The Wright County Board met in regular session at 9:00 A.M. with Heeter, Sawatzke, Mattson, Russek and Eichelberg present.
Heeter moved to approve the 5-22-07 County Board minutes, seconded by Eichelberg, carried 5-0.
Petitions were accepted to the Agenda as follows: Hwy. Engineer Item #5, “Washington Fly In” (Norman); Item For Consid. #6, “West Parking Lot Change Order” (Norman). Eichelberg 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:
1. Performance Appraisals: C. Davis, B. Jans, J. Wright, Hwy.; C. Day, B. Gabrelcik, Recorder; J. Baker, D. Scherber, Sheriff.
2. O/T Report, Period Ending 5-18-07.
3. Refer Roof Inspections To Building Committee.
4. Claim, KKE Architects, $209,704.03 (Service For April, 2007).
1. Authorize Jenny Paripovich, Victim Witness Coordinator, To Attend 2007 National Center For Victims Of Crime Conference, June 18-20, 2007, Washington D.C. With Funding From The Victim Witness Fund.
1. Annual On Sale Beer License Renewal For “Whispering Pines Golf Course LLC” (Corinna Twp.)
1. Approve Agreement #07-51 With Howard Lake For Improvements To CSAH 6.
E. IT DEPARTMENT
1. Refer To 6-13-07 Technology Committee Meeting:
A. LEC Voice/Data Design.
B. Schedule Meeting For Radio Proposals (7-25-07).
C. 2008 Technology Budget Guidelines.
Gloria Gooler, Adm./Confidential Secretary, presented the Auditor’s Agenda items as the County Auditor was attending the MN Counties Computer Consortium. Gooler was in contact with the Minnesota Alcohol & Gambling Enforcement Agency last week and learned that the new owners of “Up The Creek Grill & Bar” (Silver Creek Township) wanted to open 6-04-07. The normal liquor license period would run from 7-01-07 to 6-30-08. Yesterday, Gooler received a faxed copy of the prorated license for the period of 6-04-07 to 6-30-07, signed by the Director of the Alcohol & Gambling Enforcement Agency. The license fee has been paid by the new owners. The Sheriff and Attorney are aware of this issue being presented for Board approval today. Heeter moved to approve the pro-rated license for “Up The Creek Grill & Bar”, seconded by Mattson, carried 5-0.
The claims listing was discussed. Mattson referenced a claim on Page 10 to Hance Utility Services Inc. ($34.39). Mattson was in contact with the Sheriff Department and learned that this was for a case of marking paint. On a motion by Mattson, second by Sawatzke, all voted to approve the claims as listed in the abstract, subject to audit.
Brian Asleson, Chief Deputy Attorney, brought forth an offer from Mn/DOT to acquire a parcel owned by the County and relates to the Highway 12 bridge project in Delano. The parcel (PID #107-025-004010) is located on the south side of Highway 12 between the Holiday Gas Station and the Crow River. The majority of the parcel is covered by a permanent highway easement, and the State wishes to acquire the remainder (appx. 4,900 feet). The land is located in the flood plain. Mn/DOT provided an offer of $9,900 along with a Quit Claim Deed. An appraisal was also provided from an external appraiser. Asleson had not reviewed this but suggested having the Assessor’s Office do so. Sawatzke referenced the sale of County land recently in Buffalo for less than $1/foot. He supported the offer today at just over $2/foot. In addition, there have been times in the past where the State has owned a small parcel and given it to the County. Russek noted that the lot was not buildable. Sawatzke moved to authorize signatures on the Offer To Sell and the Quit Claim Deed, seconded by Mattson. Richard Norman, County Coordinator, noted that the signatory pages reflect the Auditor/Treasurer as the Clerk to the County Board. Asleson will obtain corrected copies from Mn/DOT reflecting the County Coordinator. The motion carried 5-0.
A Committee Of The Whole Meeting was held on 5-22-07. At today’s County Board Meeting, Norman stated that with Board approval of the draft Water Management Plan, there will be a number of days for State review and comment prior to the Plan coming back to the Board for final approval. Sawatzke moved to approve the minutes, seconded by Eichelberg. Mattson asked whether approval of the Plan would include approval of costs as well. Sawatzke responded that the greatest amount of discussion at Committee occurred on funding. As indicated by SWCD staff, if funding is not received or grants are not obtained, the County will not be held responsible. If something is listed in the Plan, that does not mean it is becomes funded. That would be approved at a later date. The motion to approve the minutes carried unanimously:
Comprehensive Local Water Plan. Jacobs role as Water Planner is to strive for Wright County waters and resources to meet State standards. The County Board provides direction on how aggressively and actively this is accomplished through the Water Management Plan, funding, and overall planning. Jacobs provided a brief overview of the drafts of the Local Water Management Plan and Implementation Schedule of the Plan objectives (attached). Jacobs highlighted sections of the Implementation Schedule which include the four goals of Ground Water Quality, Surface Water Issues, Development Pressure, and Agricultural Land Uses. With regard to Surface Water Issues, Jacobs explained that the State started focusing on non-point pollution due to the Clean Water Act of 1972. Non-point pollution is the core of most water quality issues. State allocations to the Clean Water Legacy Act could be utilized. Priority 3, Development Pressure, reflects the goals of the Plan which are extremely aggressive. Mattson questioned the availability of grant funding. Jacobs said the likelihood of obtaining funding has increased over time. Proposed legislation would earmark $14 million in State funding for the next fiscal year (Clean Water Funding). Disbursements of funding would be spread throughout the State. Some funding would be tied to whether specific plans are completed (such as the Water Management Plan) and TMDL (Total Maximum Daily Load) schedules. The likelihood of bringing in new or matching funds to the County is better than it ever has been. Discussion moved to County responsibility if funding through the MPCA or BWSR is not obtained. Wozney explained that the Plan shows a level of commitment by the County. The Plan would direct the County with measurable goals in an effort to deal with water quality and quantity issues. If the County were unable to accomplish various goals, it would be unlikely that the State would take action. Wozney felt it was a good faith effort. The level of commitment positions the County to receive grant funding. The Plan strikes a balance between urban growth and keeping the rural character. By passing the Plan, it may allow the requirement for developers to fund prevention. Wozney’s opinion was that the County was perhaps wise not to make a large investment to date in this effort, but he felt it was now time. Jacobs said the SWCD made presentations at the NE Quadrant Meetings on the topic of environmental issues and the impacts of land use on the environment and resources. Tied to the Plan is the adoption of an Ordinance in 2007. The Ordinance would contain more stringent controls not included in the Plan. Item 6, Development Pressure, in the draft Plan reflects, “Implement a review process for all land alteration projects which fall under the County Erosion and Storm Water Ordinance” at a cost of $259,200. Those controls would be given to another staff person. The MPCA has a pilot program which provides funding through the Clean Water Act to hire a staff person. Saxton clarified that there are many costs that are not passed along to developers. Funding assistance for projects could be completed through taxes or through taxes specific to areas where projects would be completed. Mattson asked whether assistance would be provided to groups that form to address lake quality issues. Saxton said the SWCD would assist with getting the group established. Public support behind the effort is beneficial. Saxton suggested review of Shoreland Regulations but said they are extremely hard to enforce. They are working with wetland enforcement but he felt laws may need to be stricter. They have worked with lake associations on water testing which has produced alarming data. Jacobs said out of 35 lakes, 23 lakes don’t meet current water quality standards. The impairment list in 2008 is expected to reflect 19-20 Wright County lakes. Saxton said the SWCD staff has been trying to increase their expertise, allowing them to become better players and informants to the Board. Mattson questioned whether data was taken on Lakes Charlotte and Martha prior to their sewer system project. Saxton said past data is sketchy and gathering data is time intensive. They are working toward automatic monitoring stations. There is some data on those specific lakes, but one of the factors in that situation had to do with flooding. Saxton felt it may be 10-20 years before that data will be available. Many lakes are not meeting State standards, but may have at some time. Impacts include urban development and farming. Ag has become more intensive with some serious effects. There are also wetlands that were drained in the past that are now protected. Saxton said the Plan sets an aggressive stage to move in the right direction, and he personally felt it was past time. Jacobs grew up in Southern Minnesota and recreated on a Lake in Albert Lea with water clarity of 4”-5”. He did not feel residents in the Northwestern part of Wright County would find that acceptable. If the County continues to develop and efforts remain status quo, the water quality will ultimately deteriorate. By putting resources into this effort, the County will be able to tie into funding at the State level and through other entities. Through Statute, the State has provided the County the ability to place levies on specific watersheds to perform studies of the watersheds. Those studies are required to obtain State funding. Norman inquired whether any of the priorities or action items of the Water Management Plan were discussed as part of the NE Corridor Comprehensive Study. Jacobs said the focus of those presentations were on new development or intensive use of land negatively impacting surface waters, specifically connecting water bodies. Jacobs said an example would include County ditches which were not established for urban drainage. Erosion has been a larger component than expected. Sawatzke supported the Plan but was concerned with funding. He referenced page 1 of the Implementation Schedule, Objective B5, “Adopt a county policy encouraging the use of municipal sewage facilities” at a cost of $800.00. Jacobs said this expense ties to meeting attendance and researching existing policy. They would like the Plan to reflect that growth should be kept in or next to cities. Discussion followed on the County’s planning requirements. Saxton said the issue of development location was discussed intensely at the NE Quadrant Meetings. The Plan would indicate that development would be within cities where services are provided or in transition areas which will be included in cities in the near future. It would be the County Board’s decision on how strongly this is pushed. Saxton attended a Planning Meeting recently where many people supported development. Saxton said this would not be good for resources, although there must be a balance between preservation and allowing an individual their right for more intense use of land. Wozney said developing TMDL’s will position the County well in competition for funding. BWSR is looking at Clean Water Legacy funding for more long-term funding sources. If funding was granted once, they would attempt to provide a long-term funding commitment level. Maggie Leach, PCA Specialist, Brainerd Office, said they are working with the SWCD on lake data and TMDL’s. The preliminary assessment for the 2008 list of Wright County lakes doesn’t look very good. Leach supported the numbers previously cited by Jacobs. Lakes Ann and Locke are currently on the list for nutrients. Other lakes are on the list for mercury impairment. They are addressing those with nutrient problems and it appears an additional 18 lakes will be added to the list. The public draft will be out in October/November and will be forwarded to the MPCA thereafter for approval. Leach said the MPCA has funding available. They hope that counties will make a commitment to work with the State on TMDL studies. Nothing will change if action is not taken based on what the studies reflect. Diagnostics would be completed through the Clean Water Partnership Program and the County would have the opportunity to continue from there. Leach said it is time to decide how to deal with the TMDL studies and get water back to State standards. Sawatzke inquired about tax incentives, erosion control, or disincentives for restoring shoreland areas. The response was that this is being done in Wisconsin. Sawatzke said another option would be to offer tax abatements. This may set precedence for other requests. He felt some type of State program would be advantageous for incentives/disincentives. Mike Ziska, SWCD Supervisor, said many residents clear cut their shorelines. The mindset needs to be changed toward a more natural shoreline. Sawatzke inquired whether the SWCD Board had officially endorsed the draft Plan. Russek said the WMTF had. Jacobs said the Plan was presented to the SWCD Board but no official action had been taken. Recommendation: Approve the draft Water Management Plan. (End of Committee Of The Whole Minutes)
Tara Martin, Adolfson & Peterson Construction, presented the cost estimates for the Jail/LEC Project Bid Package #2, 95% CD Estimate Review: DD Estimate CD Estimate
Bid Category; 3-13-07; 6-05-07
3A Cast-in-place Concrete; $1,880,303; $1,974,318
3B Precast; $3,371,700; $3,510,384
5A Structural Steel; $577,228; $536,062
5B Structural Steel Installation; $236,380; $206,371
11A Detention Equipment; $7,999,999; $7,289,999
Totals: $14,065,610; $13,517,134
Plus Construction Contingency 3%; $421,968; $405,514
Totals: $14,487,578; $13,922,648
Martin strongly suggested keeping the contingency at 3% for the entire project as the mechanicals are not complete. She recommended advertising for bids. Sawatzke inquired as to the definition of “95% CD Estimate.” Martin explained that this means the construction documents provided by the Architect and Engineer are 90-95% complete to when the construction documents are printed. Sawatzke inquired about bid categories and whether they can be bid separately or together. Martin said, for example, 3A and 3B can be bid separately as well as 5A and 5B. In order for the contractor to provide a combined bid, they must submit bids for 5A and 5B. Norman asked whether A&P takes into account in the bid process the bidder’s ability to produce materials in a timely manner. Martin said the specifications reflect a construction schedule with expected deadlines. Bids are based on that schedule. Once bids are opened, they are qualified and those types of questions are asked. If work cannot be completed in a timely manner, they look at a different bidder. Russek asked whether late production carries a penalty. Martin said each contractor pushes the other and extends charges to them if work is delayed. Contractors will be notified if they are delaying work. Bids are scheduled to be let on 6-14-07 with an anticipated bid opening of 7-17-07 at 2:00 P.M. in the Wright County Board Room. It was the consensus of the Board that the bids should be opened as part of the Board Meeting. Sawatzke asked how many contractors were bidding detention equipment (precast concrete cells). Martin indicated there are five firms that have shown interest. Sawatzke asked whether A&P looks for cost saving measures when A&P is provided material from KKE to set up bid specifications. Bill Blotske, A&P Estimator, said this has been done. A lot of the precast work was done through preliminary pricing. The exterior that KKE had suggested was at $35/sq. ft. and that was reduced. From a concrete standpoint, they reviewed how precast cells would be supported. Originally there were three separate walls and A&P did not feel this was needed. They reviewed this as an over design with KKE. The concrete foundation cannot be designed until the final building design has been completed by the architect and engineers. They will work closely on this to realize a cost savings. Russek suggested that A&P provide a briefing to the County on cost saving measures that have been to the County’s advantage. Eichelberg moved to approve proceeding with Bid Package #2, seconded by Sawatzke. The motion includes establishing a bid date of 7-17-07 at 2:00 P.M. The motion carried 5-0.
Mark Nolan, Safety Director, said the first two Agenda items he is presenting should be corrected to read: “MCIT 2006 Automobile Adjustment, $38,455 Credit” and “MCIT Premium Adjustment, $5,000 Deductible, $29,868 Credit.” With regard to the MCIT Premium Adjustment, the invoice reflects a change in deductibles from $1,000 to $5,000. The credit of $29,868 reflects only the rebate as of May 1st. For the period of January 1st through April 30th, coverage of $1,000 was required. Nolan referenced the 2006 Automobile Adjustment of $38,455 for 2006. In the fall of 2005, Nolan started an internal audit of all County equipment and automobiles. The credit relates to equipment/vehicles added or deleted in 2006 as well as the value of those items. If a claim arises, the cash value will be paid. A reappraisal of the County’s Compost Facility was completed by Maximus, an independent appraiser used by MCIT. The value of the Facility changed from $31,678,315 to a cold storage rate of $5,650,700. MCIT has been provided the final reports and Nolan expects a credit of $30,000-$40,000 if the new valuations are used. The County needs to make a decision on whether to take the final reports and proceed with the $5,000 deductible and new values versus appealing to the MCIT Board for liability coverage only. This will be brought forth at a future date. Mattson questioned whether Nolan keeps certificates of insurance on file. Nolan said he did not keep individual files. If a contractor needs to obtain a certificate, they are available within one day. Mattson said in past years while serving on the Fair Board, MCIT explained that these certificates should be on file. Nolan stated that those certificates (i.e., Fair Board, Volunteer Drivers) stay with those groups. Certificates of insurance are retained for vendors who work on County buildings.
Nolan recently attended the 2006 Governor’s Safety Awards Conference hosted by the MN Safety Council (May 9-11, 2007). At the Governor’s Safety Awards Banquet, Wright County was one of 53 entities and one of 3 counties in the State to receive the 2006 Governor’s Occupational Safety and Health Award. An independent panel makes a determination for awards based on the number of employees working for the County, hours worked, and injury information compared to other counties and State industries and the Nation.
Wayne Fingalson, Highway Engineer, requested approval of appraisal rates for right-of-way acquisition on CSAH 12 for a signal and turnlane project at the intersection with TH 55 (SAP 86-612-19). Fingalson said the project was scaled back considerably and felt County costs would be less than $2,000. Eichelberg moved to approve the appraisal rates, seconded by Mattson, carried 5-0.
At Fingalson’s recommendation, Heeter moved to adopt Resolution #07-30 for final acceptance for the 2007 Culvert Project, Contract #0703, with Keith Wurm Construction and to authorize final payment of $3,145.20. The motion was seconded by Eichelberg and carried 5-0 on a roll call vote.
At Fingalson’s recommendation, Eichelberg moved to adopt Resolution #07-31 for final acceptance for the Wright County Satellite Shop Maintenance Facility, located in Otsego, Contract #0610, with Kue Contractors, Inc. and to authorize final payment of $21,241.00. The motion was seconded by Mattson. In response to Russek, Fingalson stated that warranties are typically one year. The motion carried 5-0 on a roll call vote.
At Fingalson’s recommendation, Heeter moved to adopt Resolution #07-32 for final acceptance for the 2007 Crushing and Stockpiling Work, Contract #0704, with B. McNamara, Inc. and to authorize final and only payment of $35,700.00. The motion was seconded by Eichelberg and carried 5-0 on a roll call vote.
Discussion led to the Washington Fly In. Fingalson said this was discussed by the Board a few weeks ago and a lot has transpired since then. He requested representation for the TH 55 Corridor Coalition at the Fly In due to the two projects in Buffalo. Without the passage of the Technical Corrections Bill, the traffic signal at the TH 55/CR 134 intersection will not happen (near Menards). The other project at TH 12/CSAH 12 is somewhat in jeopardy. However, application was recently made for a Transportation Community and Systems Preservation Grant which, if approved, will take care of the financial situation on that project. If the Board approves attendance by Fingalson at the Fly In, he would meet with representatives from the Federal Highway Administration as early as tomorrow. It may be hard for them to turn down the TH 55/CSAH 12 project if it were discussed personally with them. This intersection has a very high crash rate. He felt it was appropriate to meet with Senator Amy Klobuchar, since she is on the Senate Committee dealing with the Technical Corrections Bill. Fingalson previously did not request attendance at the Fly In due to the costs involved. However, he learned last Friday that he can obtain a flight at a cost of $217 round trip. He would be able to lodge with another person. He estimated the total cost at around $1000, including the Transportation Alliance Fee. Fingalson felt Wright County needed to remain proactive so they are in line with others that are trying to obtain funding. Representative Jim Oberstar will be attending the Fly In. Fingalson and Russek attended the Fly In last year. Without that attendance, Fingalson did not feel the TH 55 Corridor Coalition project would have been eligible for the Technical Corrections Bill. He felt it would be advantageous to have a Commissioner attend the Fly In this year as well.
Russek asked whether Hennepin County was sending representatives to the Fly In. Fingalson responded that only the lobbyist would be attending. The lobbyist has invited Fingalson to join the meetings they have scheduled with Senator Klobuchar and others. Heeter was unsure if this would be the best strategy as Hennepin County’s 610 project may take precedence. Fingalson said it would at least provide an opportunity to meet, but he could attempt to arrange a separate meeting. Eichelberg felt there was no question that the County has benefited from attendance at the Fly In. In this case, the cost is less than anticipated so he would support the request. The trip would provide the opportunity to meet with Senator Klobuchar. He did not feel it would be long before the Chair of the Transportation Committee is not from Minnesota.
Sawatzke said that procedurally, it has been a long standing policy of the Board not to petition onto the Agenda controversial items or items of expenditure. This request has both. He asked why this item was added to the Agenda on Tuesday morning when Fingalson had been aware of the Fly In for months. Sawatzke said there are all the reasons in the world to send someone out there, but the policy is not to add items of controversy or expenditure to the Agenda.
Fingalson apologized. He previously did not think he would be able to attend due to a family conflict. Until last Friday, he did not feel that he would be able to obtain a flight so reasonably. In addition, he learned at the District Transportation Meeting held last Friday that the County will not be able to advance encumber additional funding due to the crisis situation Mn/DOT is in. If Federal funding could be obtained, the County would not have to utilize State Aid funding. Fingalson spoke with the State Aid Engineer last week and found out they will not be able to borrow funding from the CSAH 6 project. Although the expenditure of $1000 would not guarantee anything, he felt attendance would increase the chance for project funding. He said Representative Oberstar would not be the Chair of the Transportation Committee after this year. Improvements to TH 55/CR 134 will not happen until next year, if at all. Although there are different funding sources for the project, it will not occur without the $1 million from the Technical Corrections Bill. He felt the County needs to compete with other agencies for funding.
Heeter referenced past discussion by the Board on the Fly In. The Board did not vote against attendance but rather decided not to take action. Heeter is a member of the TH 55 Corridor Coalition. At the time the Fly In was discussed, Heeter said she stated there was nothing large that the group was dealing with. However, she failed to remember the $6 million potential appropriation. Although she did not like that the request was petitioned onto the Agenda, she saw the opportunity with the savings that would be realized. Normally, this is a very expensive trip. She felt the largest value would be to get the Technical Corrections Bill moving so the two projects could move ahead. Fingalson said that last year, the Senate didn’t do their job on getting the Technical Corrections Bill passed. That is why they need to make contact with Senator Klobuchar and others this year. Eichelberg moved to authorize Fingalson to attend the Washington Fly In, seconded by Heeter. Russek said the frustrating part was that he and Fingalson attended the Fly In last year and thought they had taken care of things to get the Bill passed. Nothing was gained in the end, so he would not vote for attendance this year. Eichelberg felt the County should continue to work on this as the Bill is still on the table. Fingalson said that due to their attendance and actions at the Fly In last year, Wright County’s project was the only one included in the Bill that was not in Representative Oberstar’s District. He felt their attendance contributed to this major accomplishment. Sawatzke felt attendance at the Fly In was not required to contact Senator Klobuchar. Fingalson said that the County would be missing a great opportunity and would fall back in competition with relation to other projects. The County needed to get as much funding as possible due to what the Legislature is not doing for the County. The motion failed 3-2 with Sawatzke, Mattson and Russek casting the nay votes.
An Owner’s Committee Meeting was held on 5-22-07. At today’s County Board Meeting, the following change was made to the minutes: Page 4, last paragraph, the recommendation should read, “The County will hire Intereum to take an inventory of the Sheriff’s Department cubicle/office furniture that is to be re-used and design the new space. Purchase the Herman Miller product from Intereum and then send out for bids the installation (old and new) and the cleaning of the office panels portion of the project. Torfin will verify with KKE their role in the design/scope of the office furniture and equipment. Chairs, conference room furnishings, etc. will be quoted separately. Installation will be bid separately.” Board consensus was that the proposal with Intereum should be referred to the next County Board Meeting. The proposal should agree to design layout, equipment, and the $2,000 figure. Norman stated that funding will be through Professional Services. Heeter moved to approve the minutes with the amended recommendation, seconded by Sawatzke, carried 5-0:
DISCUSS FURNITURE/EQUIPMENT NEEDS.
Commissioner Heeter was elected Chair of the Owner’s Committee. Harry Larson, Marco Business Products of St. Cloud, stated that his company became a Steelcase dealer in 1977. Steelcase is a global company that specializes in free standing private office furniture. Larson focused on a specific Steelcase line called Avenir which carries a flexible line of storage, upper storage, and vertical panel systems. The product can be used in an open floor plan and in private offices. The County is not limited to fabrics and finishes: paint, imperforated options, and wood venire. This product has been used in a lot of jail centers around the St. Cloud area; Douglas, Crow Wing, Meeker, McLeod, Stearns and Sherburne Counties. Steelcase has a very broad line of products that work exclusively with smart room technology, conference rooms, video training and meeting rooms. Larson offered to take the Committee on a tour of law enforcement buildings to showcase the Steelcase product. Larson also encouraged the Committee to call the above listed counties for references. Larson stated that Marco can provide 3 full time and one part time design staff who will work with KKE Architects. Marco has the ability to put the architectural drawings into CAD and email the plans back to KKE. Marco is able to provide plans in a 2D and 3D layout. Heeter asked Larson how Marco charges for their design services. Larson stated that Marco works out the design fees with the architect. Larson clarified that Marco will not charge the County until a discussion of pricing occurs. Larson stated that Marco has State and Federal contracts. They are also on the Association of Minnesota Counties contract. Larson stated the pricing is predetermined per contract. Sawatzke asked if Steelcase is compatible with the County’s current office furniture system. Sawatzke expressed his concern that the County will need a product that is flexible enough that it can be added to the HermanMiller office stations that the County has on hand. Larson stated that the Avenir panels won’t connect to the HermanMiller panels, however they can work aesthetically. Sawatzke questioned whether Marco is able to install/sell product lines outside of the Steelcase brand. Larson stated yes. Hayes stated that the County has Avenir systems in the Courts area. Bret Brooks, Brooks Office Materials, stated that he has a used inventory of HermanMiller. Brooks sells used as-is and remanufactured office furniture. Brooks stated that he will be acquiring an inventory of 150 work stations (80 stations of HermanMiller Eco Systems for private office) from an office in Minneapolis. The Committee would be able to walk the Minneapolis project and pick out the stations that will work for the new Jail/LEC. All of the stations have a height of 67”. Brooks stated that the County would benefit in acquiring used as it would be half the cost of new work stations. Brooks stated that the only downfall is that the County would have to store the stations. Brooks stated that his company also sells new seating, cubicles, and conference room applications. Sawatzke asked how old the Minneapolis office inventory was. Brooks stated that he thought the 150 stations were bought in phases since 1999. Brooks stated that the County would be able to change the fabric colors as it is not difficult to update the furniture. Brooks also stated that his company can perform a light cleaning of the used stations. Brooks stated that he would recommend that the County purchase new chairs for each station, and guaranteed a warranty on the chairs. Brooks would not offer a warranty for used furniture. Brooks reassured the Committee that the main difference between brand new and used is mainly cosmetic. Brooks stated that his company can offer a full design staff and installation crew. Sawatzke asked if Brooks would be interested in moving the County’s old work stations. Brooks stated yes. Milo Jordette, Sales Rep for Brooks, stated that he has worked with Steelcase for generations and has found that the electrical won’t interface. Dan Judd and Bret Abbott of Intereum introduced themselves by stating that they are Wright County’s current furniture provider and have serviced the County for approximately 17 years. The Sheriffs office currently has 19 private offices and 33 cubicles of HermanMiller Action Office 2 product that is between 4-10 years old. HermanMiller is a Fortune 500 Company whose products have lasted the test of time in refurbishing and resale value. Their office systems are easy to reconfigure and have a history of non-obsolescence. Throughout the generations, the electrical has been upgraded and electrical adapters are available when linking old to new. HermanMiller provides a 12 year warranty and is URL listed for electrical. Intereum offers professional design services and is a turn-key dealership whose focus is HermanMiller, however has a preferred vendor relationship for non-HermanMiller products. Intereum has a U of M/State of Minnesota Contract AG6265. Intereum’s largest customer is government and stated that they can provide county references. Judd stated that Wright County’s current used inventory is worth approximately $130,000.00 new (approx $2,500 per station). This product is still being produced in the same finishes and is the original “panel system”. All of the existing product can be re-implemented into the new design to provide a cost savings to the County. The existing product’s fabric can be cleaned if needed (for an additional cost of $10-12/panel). Existing panels can also be recovered if need be. All of this product can be torn down in the existing site and moved to the new facility and re-installed according to a new design. Sawatzke asked for clarification on whether State contract pricing is for product only or if it included installation. Judd stated that the State contract pricing is for product only. Installation, design, tear-down and moving of the used furniture is extra. Sawatzke asked what the installation cost would be per workstation. Abbott stated approximately $200. Judd clarified that the price goes down if there are multiple workstations as the installation process goes a little quicker. Abbot stated that tear down of the old and re-installation at the new site would total approximately $400/each. Judd explained that most office furniture systems can each take 5-7 hours for installation. Hoffman expressed concern for the employee downtime during the tear down and set up at the new Jail/LEC. Judd stated that the County will need to purchase new workstations to supplement the old product. The new stations would be set up in the new facility prior to the old being brought over. This would allow for the Sheriffs Department to phase some of its staff into the new building. Judd stated that Intereum can put together 50-60 stations over a weekend. Intereum has 30 installers on staff. Judd stated that a total of 89-90 stations would be needed, approximately 49 new stations. Hoffman stated that KKE has the design fee included in the architect’s scope and asked Abbott if they would bill KKE or the County for their design. Abbott stated that he would have to review the Architect’s scope. Jordette asked when the bid documents would be prepared. Hayes stated that the County hasn’t decided whether it is going to bid this portion of the project out or buy off the State contract. Hayes clarified that if the County plans to purchase used, and the cost is over $50,000 it will have to go out for bid. Hayes stated that the bigger concern will be furnishing the report writing room, dictation room, three small conference rooms, jail administration, etc. Larson stated that to buy existing, there is a lot to analyze: the cost of moving/storing the furniture, staff downtime, telephone lines, reconfiguring the computers, etc. There are often hidden costs and risks involved in buying used. Torfin asked about moving existing office furniture/panels. Judd stated that the offices take less time to set up, moving would be the same, however the tear-down is a longer process as they are attached to the wall and are more complex. Hoffman expressed concern on how to fit existing office furniture systems into newer, larger offices. Judd explained that most office systems can be used in modular open plan settings. The panels intermix. Work surfaces can be expanded when moving from existing to newer, larger offices. Discussion took place on attempting to re-use storage racks and high-density movable storage systems. Sawatzke expressed that he was not in favor of moving the storage units. Brooks asked the Committee if an inventory of the existing furniture is available. Heeter stated that she assumed that an inventory had not been itemized and recorded. Hayes stated that the Sheriffs Department has an inventory of what they have, however there is not an inventory of what is down in storage. Brooks proposed that the County trade in their existing system and purchase a complete and matching used office furniture set for the new facility. Brooks further proposed that he would do the design for free if he was provided a set of plans and was told what the County’s needs would entail. Hayes asked if Brooks would be willing to store the used inventory until the County needed it. Brookes stated yes at a standard storage rate. Abbott reminded the Committee that the design is one of the most critical elements of a project. A good design is crucial for a good employee environment. Larson stated that design is an expense and in one way, shape or form, the customer is going to pay for the service. The design fee is miniscule in comparison to the product and installation costs. Larson stated that if it is the bottom dollar driving the Committee’s decision, he recommended buying used. Hayes stated that the critical concern for the Jail/LEC is determining the footprint of the new space and maximum use of the existing products. Heeter expressed that she had thought the intent for today’s Owner’s Committee Meeting was to be informed of furniture space requirements. It has not been determined what the County needs at the new site. Sawatzke asked Abbott if Intereum is willing to sell strictly the product, allowing the County to find an alternate installer. Sawatzke noted that he feels that Intereum has an advantage because they have a State Contract and have been the provider for the County for the past 17 years. Sawatzke expressed that he wants to give other contractors a chance to be competitive with their pricing. Abbott stated that he would recommend having the install portion of the contract go out for bids. Sawatzke stated that he would be in favor of having the County hire Intereum to take an inventory of the Sheriffs Department cubicle/office furniture that is to be re-used, have the office panels cleaned, and then hire Intereum to design the new space, purchase the HermanMiller product from Intereum and then send out for bids the installation (old and new) portion of the project. Heeter thanked the vendors for their presentations and input. Hayes stated that KKE should be brought into this discussion to clarify their design scope. Hoffman stated that he spoke with Randy Lindemann and Cliff Buikema of KKE to determine what was included in their design fee. They were 80% confident that the office modular furniture design was included. Norman noted that Gary Torfin is listed as the primary contact for Wright County and should be contacting KKE and A&P on the issues that need to be resolved. Miller stated that he is in favor of re-using the furniture on hand in the Sheriff’s Department, however is not in favor of buying re-manufactured or used. Sawatzke expressed that he agreed with Miller by stating that he doesn’t think that the County would save very much money by used/re-manufactured. Norman informed the Committee that the tear-down and moving of the old furniture systems will need to be coordinated with the IT Department. Norman inquired how the move would be coordinated. Hayes reminded the Committee that every phone will need to be re-programmed and the computers will need to be reconfigured. Hoffman proposed that the Committee compose two different packages for pricing:
Package A would consist of inventorying the HermanMiller modular office units and cubicles that the County wants moved to the Jail/LEC. A design for the new space will need to be obtained from the architect or contractor. Bids will consist of obtaining the new office systems, moving the used equipment and set-up at the new site. Sawatzke stated that he thought Intereum would charge approximately $2,000 for the design.
Package B would consist of solid work stations, equipment for the squad room, conference rooms, report taking rooms, the dictations room, high density storage units, and any non-modular equipment from the State Contact. A design will need to be obtained for these areas. Sawatzke asked that Torfin verify with KKE that they are including this design within their scope of services.
Torfin stated that he feels that if the County decides to go ahead with Intereum for design and purchasing of the new products, then Intereum should be responsible for the entire package. Torfin stated that his concern was who would be responsible for missing connective pieces, etc. Sawatzke’s concern is that if Intereum is given the entire package then Intereum would not have any reason to be competitive. Heeter stated that she has a problem with paying a contractor a design fee when they are providing us their product. Sawatzke stated that he agreed with Heeter. RECOMMENDATION: The County will hire Intereum to take an inventory of the Sheriff’s Department cubicle/office furniture that is to be re-used and design the new space. Purchase the Herman Miller product from Intereum and then send out for bids the installation (old and new) and the cleaning of the office panels portion of the project. Torfin will verify with KKE their role in the design/scope of the office furniture and equipment. Chairs, conference room furnishings, etc. will be quoted separately. Installation will be bid separately. (End of Owner’s Committee Minutes)
A Personnel Committee Meeting was held on 5-23-07. At today’s County Board Meeting, Eichelberg moved to approve the minutes and recommendations, seconded by Mattson. Norman stated that the contract does require a resolution, which will be addressed later in today’s meeting under Items For Consideration #3. The motion to approve the minutes carried unanimously:
REQUEST TO BACKFILL DETECTIVE POSITION DUE TO AN OFFICE OF JUSTICE PROGRAM GRANT.
Miller stated that an Office of Justice Program Grant is a 15 month, $95,250 grant allowing for Detective Tony Endreson to work for the State of Minnesota Financial Crimes Task Force. Miller stated that Endreson has already worked with the MN Department of Public Safety as an auto theft officer. This Grant would provide the Sheriff’s Department with full reimbursement of Endreson’s expenses allowing him to investigate financial thefts in the State, as well as locally. Eichelberg asked if the Grant was a “one-time” grant. Miller explained that it is a one time grant for Wright County as it is funding Endreson’s position during the 15 month period. The funding is based on Endreson’s salary. Sawatzke asked if Miller is requesting to assign a Deputy Sheriff to a Detective position and backfilling that position with an officer. Miller stated yes. Sawatzke asked if once the 15 month period is completed if the backfill person would then be designated as a Patrol Deputy. Norman clarified that the two positions are within the same job classification. Miller stated that they may do that or, if necessary, the additional position to backfill the Deputy could be put off. Miller stated that realistically, a lay-off won’t occur. Hagerty stated the County has benefited from this Program as Endreson’s training has been funded by the MN Department of Public Safety and he is considered an expert on financial crimes/auto theft. He has more than doubled the arrests made last year for Public Safety. Hagerty stated that he met with Hennepin County Deputy Sheriff Omondt who assured him that Wright County would not lose Endreson’s services. Endreson would be responsible for Wright County as well as the southern half of Minnesota. Sawatzke stated that the Department may already be backfilling Endreson’s position with overtime hours from other staff. Miller stated that this Grant does include overtime and vehicle expense to help cover the expenses of backfilling Endreson’s position. Miller reassured the Committee that this was a well written grant which is why the Department has decided to participate in the Program. Norman asked if the reimbursement will occur after the 15 month time period. Miller stated that the reimbursement is ongoing. Miller proposed that Endreson present a brief outline to the Board of his auto-theft investigative work. Hagerty stated that he will bring the original contract to the Administration Office for Russek’s signature. RECOMMENDATION: The Committee recommends backfilling a detective position due to an Office of Justice Program Grant and signing the Grant Contract. (End of Personnel Minutes)
A Ways & Means Committee Meeting was held on 5-23-07. Discussion at today’s County Board Meeting is reflected in italics:
Jake Braking Sign Issue.
Fingalson said at a prior Transportation Committee Of The Whole Meeting, a decision was made to order three “No Jake Braking” signs for CR 37. Since that time, it has been discovered that “Jake Brake” is a brand name and can no longer be used on traffic signs due to patent infringement. A memo was subsequently sent to the County Board outlining options and associated costs (see attached). Lengthy discussion followed on sign language, sign size, lettering size, and posting requirements. Costs reflected do not include labor and truck expenses. Sawatzke felt the language, “Vehicle Noise Laws Enforced”, may be too broad and may prompt other types of requests. The Committee supported the language, “Unmuffled Engine Braking Prohibited.” Cordell explained that a 36” x 42” sign would require two posts with the sign bottom position at 5’ level from the edge of the roadway. To place multiple signs together would require three posts in order for the signs to meet the bottom height requirements. Asleson said the sign should not reflect that brakes should not be used. The noise problem relates to poorly maintained exhaust systems. Language in Statute 609 indicates the exhaust system is not to emit a sharp or cracking sound. This is enforceable through ticketing. Sawatzke said the goal is not to have to enforce but rather to eliminate the problem. Cordell said the handout information reflects that noise problems come from faulty muffler systems. Exhaust system maintenance is supposed to be up to date in order to use the braking system. Young said the Landfill will hand out braking material to drivers and will contact the Landfill to see if they would be willing to participate in the cost of the signs. Recommendation: Authorize three signs which will read, “Unmuffled Engine Braking Prohibited” at a cost of $432.09 plus labor and truck fees. The sign will be sized 36” x 42” with 5” lettering.
At today’s County Board Meeting, Mattson moved to approve the recommendation of the Committee for the Jake Braking Sign Issue, seconded by Sawatzke. Fingalson made the follow correction to the Jake Braking Sign Issue portion of the minutes: Page 1, paragraph 2, 5th sentence should read, “Cordell explained that a 36 x 42 sign would require two posts with the sign bottom positioned at 5’ level from the edge of the roadway.” The motion to approve the first recommendation carried unanimously.
Selling Of Property In St. Michael.
This issue was referred from the last Ways & Means Committee Meeting. The Committee had requested proposals from Alliance Real Estate Auctions, Lampi Auctioneers, Inc., and Buffalo Realty and Auction Services. Correspondence was received from Buffalo Realty and Auction Services reflecting that they would like to “announce” the property for a time as a regular MLS Listing prior to it being auctioned. Alliance and Lampi submitted letters offering auctioneering services with documentation on fees and requirements. Lampi was in contact with the City of St. Michael and confirmed that the property is zoned business/office park. The property cannot be used for retail but a restaurant may be a possibility. Potential buyers would be encouraged to work with the City to make sure their concept would work. Minerals on the property could be mined and the grade could be brought to street level. Lampi felt that the property was not advertised correctly previously when the County tried to sell it. Their firm would expose the property to the market and any interested buyers. They would offer the property with no contingencies but would require a 4-week marketing campaign. Lampi did not support a minimum bid but would proceed in this fashion if that is the desire of the County. Berens (Alliance) felt the highest and best use of the property was for a restaurant. He felt the City should be approached regarding zoning. He did not feel they could necessarily bring in a buyer in a three-week campaign. Interested buyers would want to know what could be done with the property. Although the material on the site could be mined, he felt a restaurant owner may favor a higher location. Anyone that was interested in the property to date knew the County had tried to sell it and that there may be a minimum bid. He supported a minimum bid, but offering it with contingencies. Norman felt it would be advantageous for the City to deal with the zoning issue prior to the auction so potential buyers knew what the land could be utilized for. Berens felt this may be accomplished through correspondence from the County Board to the City of St. Michael indicating the City should aggressively look at any proposal for the highest and best use for the location. Berens stated the property is in an excellent, visible location with the new bridge crossing the River. It is a growing, dynamic community. In response to Lampi, Fingalson indicated that the County would require about 0.57 acres of the site for road easements. Further discussion occurred on setting a minimum bid price. Lampi indicated that he works with interested parties and gives them a general idea of what the property is worth. Berens reiterated his support of a minimum bid with contingency, but said he would work either way as well. Sawatzke referenced recent Board action where the County sold excess Mn/DOT right-of-way property in the City of Buffalo. Two bids were received and the Board elected to sell the land for less than Sawatzke felt it may be worth. Lampi said the problem with minimum bids is that they rule out prospective buyers. Sawatzke felt it was better to state the minimum bid in an effort to avoid wasting people’s time. Berens referenced the land value and felt it was worth the $600,000 minimum suggested. That would equate to $5/sq. ft. or just over $200,000/acre. He said people will expend $8-$10/sq. ft. for the right location. Selling features would include demographics, traffic count, etc. It was the consensus that the City needed to be approached on zoning and allowed uses for the property. Discussion led to selection of auctioneer services. Each firm provided their credentials. It was clarified that both firms would fund the advertisements from the sale of the property. With Alliance, the County would be reimbursed for advertising costs if the property sold. With Lampi, the County would be billed for advertising costs if the property was not sold. Recommendation: The Committee recommends selling the property by auction with either Lampi or Alliance. The recommendation includes directing Fingalson to contact the City of St. Michael on zoning options.
At today’s County Board, Mattson said an email was received from St. Michael listing what the parcel can be used for. Mattson moved to approve the minutes including the second recommendation, seconded by Sawatzke. Fingalson made the following corrections to the second item, Page 1, 2nd to last paragraph, 2nd sentence, change to “Buffalo Realty”; and page 2, 3rd paragraph, last sentence, change to “0.57 acres.” The motion carried 5-0 to approve the minutes.
Due to their experience, Mattson moved to recommend the hire of Lampi Auctioneers Inc. for sale of the property in St. Michael. The motion would include designating Mattson and Russek as County contacts. The motion was seconded by Sawatzke. Sawatzke noted that three firms submitted proposals for auctioneer services. Representatives from Lampi and Alliance did attend the Committee Meeting. The third firm was aware of the Committee Meeting but was not in attendance. The two listed from the recommendation have, from what we believe, far more experience in the auction field. The reasons those firms were recommended was because of their experience and because they appeared at the Committee meeting. He felt both Lampi and Alliance were very capable. The one advantage that Lampi has is that they are physically located within the County. Although the other firm is located outside of the County, most of their employees live in Wright County. Sawatzke referenced the proposals which reflect that both have an 8% buyer’s premium which would be charged to the County. The Lampi proposal reflects 2% being returned to the County from this premium. Sawatzke questioned whether this would be done with or without a broker. Fingalson was unsure. Sawatzke said the 2% return was not offered by Alliance which makes the Lampi proposal better for the County. Sawatzke clarified that the second to the motion is with the understanding that the County will receive a 2% return as reflected in the proposal. The motion carried 5-0.
Senator Amy Koch’s office has requested a tour of possible bonding sites with the County Board. These sites would include the Jail/LEC site, the Park Project in Monticello, and flood mitigation in the City of Rockford. Senator Koch’s Office is requesting that several possible dates be submitted. They would like Wright County to arrange transportation for the tour. Sawatzke moved to respond to Senator Koch’s Office with the following dates: July 9th (morning); July 11th (afternoon); and July 12th (afternoon). The motion was seconded by Mattson and carried 5-0. The Administration Office will contact Senator Koch’s Office.
A draft resolution was prepared authorizing the execution of a Grant Agreement for the Financial Crimes Task Force Project. This was discussed and recommended by the Personnel Committee at their 5-23-07 Meeting. Those minutes were approved by the County Board earlier in today’s meeting. Heeter moved to adopt Resolution #07-33, seconded by Eichelberg, carried 5-0 on a roll call vote.
Correspondence was received from NACO regarding voting credentials for the 2007 Annual Conference which is being held July 13-17, 2007 in Richmond, VA. Sawatzke moved to authorize AMC to carry Wright County’s voting credentials, seconded by Heeter, carried unanimously.
On a motion by Heeter, second by Mattson, all voted to cancel the 7-03-07 County Board Meeting due to the occurrence of five Tuesday’s in July.
Norman presented a change order for the West Parking Lot Project. Sidewalk replacements are required (260’). The City indicates it is the County’s responsibility to replace the sidewalks. Two proposals were received: Knife River, $6,675.90 and Ernst General Construction, $7,020.00. Eichelberg moved to accept the change order and to proceed with Knife River, seconded by Mattson, carried 5-0.
Heeter referenced the Owner’s Committee Meeting scheduled for 1:30 P.M. today. She requested that future Owner’s Committee Meetings be scheduled at 1:00 P.M.
Advanced Graphix Inc.. $676.28
Allina Hospitals & Clinics 446.00
Allina Med. Laboratories 316.90
American Instit. Supply 176.77
Ameripride Linen and Apparel 380.01
Ancom Technical Center 381.51
Annandale Rock Products 1,405.47
City Annandale 450.00
APEC Industrial Sales & Serv. 321.10
Apollo Glass Company 427.93
Aramark Correc. Services 10,300.10
Arch Wireless 542.91
Aspen Mills 581.49
B & D Plumbing & Htg. 250.00
Badger Truck Refrigeration 127.00
Barnes Distribution 563.19
Black Box Resale Services 960.00
Bogart Pederson & Assoc. 630.00
Bound Tree Medical LLC 382.97
Boyer Truck Parts 526.29
City Buffalo 927.50
Building Fasteners 2,576.68
Business Ware Solutions 274.35
Campbell Abstract 230.00
Carver Co. - Financial Serv. 2,147.42
Catco Parts Service 229.87
Center Point Energy 2,668.38
Climate Air 4,791.20
City Cokato 350.00
Comm. of Transportation 893.56
CPS Technology Solutions 262.00
Crow 95 Properties Inc. 463,900.00
E. Central Reg. Juvenile 4,632.00
Laura Eicher 30,000.00
Elk River Ford 23,310.50
Emergency Physicians PA 312.00
Joyce Farrell 2,000.00
First State Tire Recycling 746.54
Gateway Companies Inc. 5,597.09
Gateway Safety Products Inc. 469.45
GCS Service Inc. 583.83
General Pallet Inc. 284.50
Gopher State One Call 142.10
Granite Pest Control Serv. 143.58
H & R Const. Co. 16,723.00
Hardings Towing Inc. 133.13
HDR Inc. 1,692.55
Denny Hecker’s Monti. Ford 178.32
Hickmans Service Inc. 162.41
Hillyard Floor Care Supply 1,271.72
International Code Council 466.50
Interstate All Battery Ctr. 186.65
Tracy Janikula 123.23
Keystone Interpreting Serv. 350.00
Greg Kramber 112.52
Kue Contractors Inc. 21,241.00
Lab Safety Supply Inc. 174.50
LaPlant Demo Inc. 1,607.79
Michael Laurent 264.25
Lavonne Lehmberg 242.50
Leuer Munsterteiger Prop. 82,500.00
Loberg Electric 876.00
M-R Sign Company 6,080.98
Maple Lake Lumber Co. 289.52
Marco Inc. 6,130.36
Martin Marietta Aggregates 1,142.02
Mattson Well Company 335.00
McLeod Co. Treasurer 2,302.61
B. McNamara Inc. 38,020.50
Menards - Buffalo 395.35
The Metro Group Inc. 4,580.35
Mid-America Business Sys. 2,090.33
Midway Iron & Metal Co. Inc. 598.48
Mitchell 1 727.30
MN Counties Comp. Co-op. 175.00
MN Supreme Court 654.00
Mobile Vision 332.63
Morries Buffalo Ford Merc 2,764.03
Nat’l Assn. of Cty. Engineers 850.00
Nextel Communications 2,215.00
N Metro Landscaping Inc. 1,080.98
Office Depot 3,267.53
Photo 1 115.21
PMI Computer Supplies 376.76
Prosource One 2,791.81
Anthony Rasmuson 107.18
Reed Business Info. 356.80
Retrofit Recycling Inc. 1,961.83
Rhodes Lock & Glass 255.00
RS Eden 786.15
Jack Russek 227.46
James Russell 125.00
Russells Sec. Resource Inc. 195.00
Pat Sawatzke 214.94
Scenic Signs 183.40
Shell Fleet Plus 561.51
Sherwin Williams 283.11
Software House Int’l 247.08
Springsted Inc. 1,350.00
St. Cloud Med. Group PA 279.58
St. Joseph Equipment-Mpls 223.70
State of MN-Office Enterprise 965.00
Sweeney Brothers 1,032.31
Tech Depot 1,977.76
Tires Plus 248.84
Total Printing 528.56
Traffic Marking Serv. 101,569.84
Traffic Technologies LLC 623.03
Keith Triplett 189.00
Truck Bodies & Equip Int’l 130.63
Truk-Mate Toppers Inc. 754.02
United Locating Services 120.00
Univ. of MN Law Sc 390.00
Verizon Wireless 1,302.37
Voss Lighting 800.35
Walker’s Body & Glass Repair 667.91
Walmart Store 01-1577 479.06
Weather Watch Inc. 1,920.00
Wright Henn. Co-op Elec. 137.44
Wright Lumber & Millwork 246.27
Keith Wurm Construction 3,145.20
Xcel Energy 994.95
Zarnoth Brush Works Inc. 543.15
Ziegler Cat 3,322.80
52 Payments less than $100 2,275.55
Final total $906,943.96
The meeting adjourned at 10:47 A.M
Published in the Herald Journal July 2, 2007.