Wright County Board Minutes

JULY 8, 2008
The Wright County Board met in regular session at 9:00 A.M. with Heeter, Sawatzke, Mattson, Russek and Eichelberg present.
On a motion by Russek, second by Heeter, all voted to approve the 7-01-08 minutes as presented.
Petitions were accepted to the Agenda as follows: Aud./Treas. Item #2, “Ditch 31” (Russek); Item For Consid. #4, “Letter of Support-Functional Industries” (Heeter); Item For Consid. #5, “Appointment To The Board Of Adjustment” (Sawatzke); Item For Consid. #6, “Set Transportation Committee Of The Whole Meeting” (Norman). Heeter moved to approve the Agenda as amended, seconded by Russek, carried 5-0.
On a motion by Mattson, second by Russek, all voted to approve the Consent Agenda:
1. Performance Appraisals: M. Barthel, A. Fashant, M. Lindquist, W. Locke, C. Mazer, R. Mossman, B. Schaap, Sher./Corr.
1. Claim, KKE Architects, $21,620.77 (Prof. Service for May, 2008: Jail/LEC Project).
2. Results Of Auction.
1. Seasonal On 3.2 Malt Liquor License Renewal For “Clearwater Lions Club” (Clearwater Twp.)
2. Tobacco License Renewals: Clearwater Travel Plaza (City of Clearwater) And Clark Gas Station (City Of Montrose).
Russek provided an update on Ditch 31. He recently reviewed a plugged culvert on Ditch 31 with Swanson Brothers. It was determined that there was a beaver dam in the middle of the culvert. Russek had Dean Terning complete the clean out. This was provided as an informational item.
Bob Hiivala, Auditor/Treasurer, presented the claims listing for approval. Mattson referenced a claim on Page 11, Norix Group Inc. ($2,003.90) out of the Sheriff/Corrections budget. He questioned whether the purchase had been approved by the Building Committee and where the items will be placed. Hiivala said the claim has a purchase order attached. There is not an explanation of placement of the table and 12 chairs but he assumed it was part of the Sheriff/Corrections budget. Mattson questioned the concept of purchasing furniture this close to the move of staff to the new Jail/LEC site. On a motion by Mattson, second by Sawatzke, all voted to approve the claims as listed in the abstract, subject to audit.
Tom Salkowski, Planning & Zoning Administrator, recommended adoption of a resolution relating to Corinna Township and Planning & Zoning issues. Most recently, the County thought it had been successful in proceeding with negotiations with Corinna Township. However, a couple of weeks ago a letter was sent to the County and townships by Corinna Township indicating they were breaking off the negotiations. Salkowski said the County has been informed that Corinna Township does not want to partner with the County anymore. The draft resolution formalizes what staff and counsel had recommended in February prior to negotiations. That stipulates the County would continue to do permitting in shoreland areas and the County will not dispute whether the Township can do planning and zoning in other areas. He said that contrary to the correspondence sent by Corinna Township, the County does not intend to do double permitting. He was unsure why their letter reflects this. Heeter moved to adopt Resolution #08-24, seconded by Russek, carried 5-0 on a roll call vote.
An Owner’s Committee Meeting was held on 7-01-08. At today’s County Board Meeting, Sawatzke referenced Item IIIA, Tower Inspection, and indicated that this is to assure the towers can support the additional antennas. Mattson said that Mn/DOT is constructing a new tower between Buffalo and Montrose. He understood the County will be able to place an antenna on that tower at no cost. Sawatzke was unsure whether the County will have to pay for the antenna. Sawatzke moved to approve the minutes and recommendations, seconded by Russek, carried 5-0:
A&P was not present to provide a project update.
KKE was not present to provide a project update.
A. TOWER INSPECTION. Swing stated that the towers located at the Public Works and Government Center buildings need to be inspected. He presented a quote from Tim’s Tower, dated 3-24-08, to inspect the towers for $4,750.00. Swing requested approval to proceed with the inspections. Swing added comment that the inspections are timely. There is a high level of confidence that the towers are adequate. If otherwise, there will be an additional cost to reinforce the towers. Sawatzke asked Swing if he sought other estimates. Swing stated that Tim’s Tower is the only vendor GeoComm works with. Hayes stated that Tim’s Tower has done all of the County’s tower work. Howell added that Tim’s Tower built the towers. RECOMMENDATION: Proceed with inspections of the Public Works and Government Center towers for a total of $4,750.00.
B. MICROWAVE AND CONNECTIVITY. Swing stated that he is deferring this item as they are waiting for proposals. This is not a time sensitive item at this time. Russek stated that Commissioner Mattson expressed concern at today’s County Board Meeting regarding the weeds at the site. Hoffman stated that he spoke with Rick Streich, A&P, who stated that the budgeted landscaping will only cover the area close in proximity to the building. Streich informed Hoffman that he spoke with the Parks Department who relayed that they do not have large enough equipment to mow the weeds located on site. The Committee discussed options for controlling the noxious weeds, and consensus was to invite Marc Mattice, Parks Administrator, to the 7-08-08 Owner’s Committee Meeting to discuss appropriate options using County resources. Hoffman stated that in an effort to control the dust level, calcium chlorite was installed this past week on the narrow road around the building, as well as two other narrow passes. (End of Owner’s Committee Minutes)
Wayne Fingalson, Highway Engineer, requested the Board schedule a Transportation Committee Of The Whole (TCOTW) Meeting to discuss two proposals viewed on the 7-02-08 Road Tour. The Agenda will include: 1) Request From City Of Rockford For Changes To CSAH 32; and 2) Request From Franklin Township RE: Farmington & Brighton Avenues. On a motion by Sawatzke, second by Russek, all voted to schedule a TCOTW Meeting for 7-29-08 at 2:30 P.M., Public Works Building.
Russek moved to adopt Resolution #08-25, Resolution of Final Acceptance for the 2007 County Road Overlays, Contract #0701, with Knife River and authorize the final payment of $5,055.25. The motion was seconded by Heeter and carried 5-0 on a roll call vote.
On a motion by Heeter, second by Sawatzke, all voted to adopt Resolution #08-26, Charitable Gambling Application Form LG214, Let’s Go Fishing, Rasset Bar & Grill, 4942 CR 35, Maple Lake MN 55358 (Chatham Twp.).
Heeter said Functional Industries has requested a letter of support for a grant they are writing for transportation. Heeter moved to authorize signature of the Board Chair on the letter of support, seconded by Sawatzke, carried 5-0.
Sawatzke said that because of the recent passing of a Board of Adjustment member, a vacancy has been created. He moved to appoint Nancy Kopff, Monticello Township, to fill out the remainder of the term. The motion was seconded by Russek and carried unanimously.
Brian Asleson, Chief Deputy Attorney, presented a draft contract with Cathleen Gabriel for legal services for child protection. The issue was discussed at the last County Board Meeting. One paragraph has been added to the draft in Section 5, Independent Contractor Status, at the request of LaVonn Nordeen, Court Administrator, “Attorney’s provision of services under this contract shall not prevent attorney from accepting court appointments to provide legal counsel in matters outside the scope of this contract. However, in the event of any conflict of interest presented by such representation by Attorney, provision of services under this contract shall take precedence.” The language is being included so the contract does not prevent the court from appointing Gabriel for guardianship and other types of child protection services where the parents have representation. Asleson said Gabriel supported the concept of the language addition to the contract. She has not seen the actual language change. Sawatzke asked for clarification, questioning if Gabriel was to represent another entity that it would not count against the County’s hours. Asleson confirmed that would be outside the scope of the 20 hours/week for the County. Asleson said discussion on the issue should still occur at the 7-09-08 Ways & Means Committee Meeting to discuss future options. Mattson questioned whether the costs for the program should be funded from the Court Services Professional Line Item. Richard Norman, County Coordinator, previously spoke with the County Attorney on where expenses should be charged to. Prior to the Public Defender’s Office providing the service, the cost was charged to the Court Administration budget, Court Appointed Counsel. Norman stated that is where the expense will be reflected for the 2008 and 2009 budgets. Sawatzke said that due to the fact that State Statute requires the County to provide this service and there is no choice, he moved to authorize the County Board Chair and County Coordinator to sign the contract with Gabriel. The motion was seconded by Mattson. Mattson previously sent an email to Mulder, AMC, regarding this issue. He asked Norman whether he had received a response from Mulder, and Norman replied he has not heard anything. Asleson stated that Section 13 of the contract, Renewal, indicates that either party is to notify the other at least 30 days prior to the end of the year whether there is interest in renewal. Mattson did not have a problem with the contract, only with the way the State is handling the situation. Russek said Mulder is probably not responding as AMC is working on addressing this issue. Mattson said AMC are lobbyists for the County and should be moving forward. The motion carried 5-0.
Joe Hagerty, Chief Deputy Sheriff, requested approval of the City of St. Paul’s Republican National Convention Joint Powers Agreement with Wright County in order to facilitate reimbursement for law enforcement services provided by the Wright County Sheriff’s Office. If approved, the Sheriff’s Office intends to send approximately 20 deputies to assist from September 1-4, 2008. In order to receive reimbursement for time and travel, the Joint Powers Agreement must be signed. The Agreement has been reviewed by the League of MN Cities. Hagerty contacted other Chief Deputy Sheriffs in the Metro Area and some have elected not to participate. The deadline for signing the Agreement was 6-30-08 but Wright County was not prepared to enter into the Agreement at that time. Russek questioned whether overtime hours will be involved. Hagerty explained that the additional hours will be overtime hours but will work in well with the current schedule. They will only send as many staff as they can without having to backfill. They will not short staff to assist. All staff assisting with the Convention will be paid at an overtime rate, similar to the Safe & Sober Grant. Deputies will be paid by the County and the County will submit an invoice to St. Paul requesting reimbursement. Hagerty said $50 million has been appropriated from public safety funds. He anticipated that Deputies will be involved in site security and riding on delegate buses. He did not envision they would be involved with protestor patrol. Norman questioned whether deputies would be compensated at 2.5 times the hourly rate of pay for September 1st (Labor Day). Hagerty will seek clarification. Norman referenced correspondence from MCIT on their analysis of the Joint Powers Agreement. It is unclear whether all of their comments and concerns can be addressed in the Agreement but they are making clear what they feel are the areas of exposure. In response to a question by Sawatzke, Norman stated that if a deputy is hurt and placed on workers’ compensation, the County will be responsible for the costs. Brian Asleson, Chief Deputy Attorney, said the main areas of exposure are workers’ compensation and property damage (vehicles). For those types of exposure, the County would be responsible but MCIT would cover after a deductible. Another exposure area could be lawsuits for excessive force for violation of civil rights. If an officer would go outside the boundaries of what is appropriate and it is seen as a violation of law in dealing with a protestor, MCIT would defend the officer but the damages would not be covered by MCIT. MCIT’s concern is that in political types of gatherings, it is more probable someone may claim excessive force was used against them. MCIT is exploring purchasing reinsurance for covering these types of claims. Asleson did not have a problem with the Joint Powers Agreement or the reimbursement provisions. Mattson asked whether the City of St. Paul is self insured. Asleson was unsure but said there is reference to their purchasing additional coverage for this event. Sawatzke referenced Page 5, suggesting that the City will reimburse the County if they are reimbursed, otherwise they will not. Asleson said the written language limits St. Paul’s responsibility depending on Federal reimbursement. They are putting language in to protect themselves. Asleson said his understanding is that the Joint Powers Agreement is needed prior to funding being secured. Wright County will be required to enter into the Joint Powers Agreement if they supply patrol and want to be reimbursed. Sheriff Gary Miller said there are two ways in which the County can supply support. The first is under the Mutual Aid Statute where assistance is provided to another agency when requested and reimbursement is not involved. The second is through a Joint Powers Agreement which does provide for reimbursement. Although the language in the Agreement may not provide for full reimbursement, the first option does not provide reimbursement at all. To provide law enforcement support to the Republican National Convention, the City of St. Paul will require about 3000 officers and they only have about 500. Sheriff Miller viewed this as a State-wide responsibility. The City has reached out to law enforcement organizations within an hour’s drive as hotel space is not available due to the 20,000 people coming to the event. Officers from the metro area will provide the first line of response. Wright County Deputies will provide security for the event site and perimeter and on transport vehicles. If an inadequate number of officers are supplied, the City will put out a call for help. The safety of all attending needs to be assured. In response to Norman, Hagerty explained that Deputies will be reimbursed for travel and training at the overtime rate. He was unsure whether they will work a 10 or 12 hour shift. Only veteran deputies are eligible. Mattson referenced Page 11 of the Agreement relating to cancellation of insurance and asked whether the County will be notified if the City cancels their insurance. Asleson explained that the language indicates they must provide 10 days notice if any change in coverage takes place. He did not feel this was an issue as it is only a 3-4 day event so notice will be provided prior to the event taking place. Sawatzke asked whether any private security companies were involved. Hagerty was unsure. Heeter said in the spirit of cooperation, she felt it was the correct thing to do to cooperate with the City of St. Paul for this event. Heeter moved to approve the Joint Powers Agreement with the City of St. Paul, seconded by Russek. Russek felt the Agreement would provide for reimbursement versus St. Paul calling for assistance if they are short of officers. Sawatzke agreed that Wright County should assist with the event. He was concerned with the Agreement language. He felt that St. Paul knew what would be required to host the event and they
7-08-08 Wright County Board Minutes Page 4 of 4
should factor in the additional staff. The City stands to benefit from the event. He did not feel that if a private security company provided service, they would provide staff and find out later what they would be paid. He was unsure whether the County should be treated any differently. Sawatzke said he would vote in support of the motion. However, as the event draws closer and it is apparent there will not be reimbursement dollars available, he felt it should be evaluated whether Deputies will be sent. He was not sure whether the Republican Party should be responsible for the cost but he did not feel it was the responsibility of the Wright County taxpayers. The motion carried 5-0. Hagerty will provide the Administration Office with a copy of the invoice that will be submitted to the City of St. Paul for reimbursement.
Norman announced the County Board will not meet on 7-15-08.
The Owner’s Committee will meet at 1:00 P.M. today.
Bills Approved
Allina Hospitals & Clinics $5,873.93
American Messaging 522.51
Ameripride Linen and Apparel 262.39
Ancom Communications Inc. 276.37
Ancom Technical Center 1,151.30
Anoka Co. Juvenile Center 2,958.00
Apec Industrial Sales & Service 444.11
Assn. of MN. Emergency Mngrs. 250.00
Auto Glass Center Inc. 277.85
George Bakeberg 947.25
Lawrence Bauman 653.63
Beaudry Propane Inc. 2,134.89
Blaine Lock & Safe Inc. 162.50
Bonestroo 357.14
Boyer Truck Parts 330.99
BP Amoco 3,397.48
Breezy Point Resort Inc. 1,234.90
Bristows Kawasaki & Polaris 268.10
Buff ‘N’ Glo Inc. 137.34
Buffalo Hospital 11,279.59
City Buffalo 45,764.29
Bureau of Crim. Apprehension 225.00
Ryan Busch 530.76
Catco Parts Service 723.75
Center Point Energy 142.55
Centra Sota Lake Region LLC 3,635.74
Chamberlain Oil Co. 1,634.44
David Clemence 127.46
Climate Air 267.20
CMI Inc. 170.99
CNH Capital 202.44
Concept Seating Inc. 1,580.00
Continental Safety Equipment 974.48
Pam Dahlman 102.77
Dental Care Assoc. of Buffalo 1,009.00
Diversified Product Development 293.32
Ralph Douglas 667.26
E. Central Regional Juvenile 17,512.00
Embarq 227.51
Embarq Minnesota Inc. 3,305.00
Emergency Physicians PA 498.75
Debbie Ernst 106.05
Excel Systems LLC 955.00
Tom Feddema 300.98
Maria Felger Ramos LLC 210.30
Greg Findley 267.50
Frontier Precision Inc. 36,219.50
Gateway Companies Inc. 2,702.89
Todd Gau 311.08
Geocomm Inc. 4,000.00
Gloria Gooler 119.84
H & R Const. Co. 10,784.40
Hardings Towing Inc. 106.50
Hay Group 448.00
Helena Chemical Company 2,544.02
Highway Technologies Inc. 1,057.55
Hillyard Floor Care Supply 3,338.86
Neal Huemoeller 317.65
Interstate Automotive 356.77
J & N Tactical LLC 212.36
Robert James Co. Inc. 139.18
Jerrys Towing & Repair 205.55
Steven Jobe 120.00
Kaplan Professional Schools 1,692.00
Knife River 5,055.25
Randy Kramer Excavating 5,935.12
Kustom Signals Inc. 155.97
LaPlant Demo Inc. 556.31
M & M Express 232.18
Maple Lake Lumber Company 334.21
Marco 115.29
Richard Mattson 138.87
Menards - Buffalo 205.52
Merrick & Company 133,419.28
Meteorlogix 8,496.92
Mid-Minnesota Hot Mix Inc. 41,011.31
MN Assn. of Assessment Pers 350.00
MN Copy Systems 231.13
Moon Motorsports 149.03
Morries Parts & Service Group 5,947.54
Mpls. Clinic of Neurology 281.74
MTI Distributing Inc. 106.17
Mumford Sanitation 129.87
Museum Products 195.00
Nextel Communications 150.84
Norix Group Inc. 2,003.90
Office Depot 4,420.28
Philips Medical Systems HSG 623.24
Qwest 455.74
Reed Business Information 376.74
Rhodes Lock & Glass 246.45
Rigid Hitch Incorporated 415.07
Royal Tire Inc. 1,218.41
RS Eden 11,608.75
Russells Security Resource Inc. 170.00
Ryan Chevrolet 109.17
Seton Identification Products 581.15
Sherburne Co. Sheriff 15,070.00
Sherwin Williams 945.19
Software House International Inc 853.44
Claire Solien 144.00
Specialty Turf & Ag 1,607.09
Sprint 4,377.32
State of MN-Office Enterprise 172.31
Sweeney Brothers 350.18
Tech Depot 2,861.32
Total Printing 347.19
Truck Bodies & Equip Int’l Inc. 189.02
Uniforms Unlimited 204.48
United Rentals North America 218.14
Verizon Wireless 288.67
Janelle Webb 193.08
Wright Co. Highway Dept. 55,694.06
Wright Co. Journal Press 293.11
Wright Hennepin Co-op Elec. Assn 151.64
Xcel Energy 545.18
Zack’s Inc. 1,375.24
34 Payments less than $100 1,491.47
Final total $491,829.54
The meeting adjourned at 9:55 A.M
Published in the Herald Journal Aug. 4, 2008.