Wright County Board Minutes

WRIGHT COUNTY BOARD MINUTES
DECEMBER 22, 2009
The Wright County Board met in regular session at 9:00 a.m. with Sawatzke, Thelen, Mattson, Russek, and Eichelberg present.
On a motion by Russek, second by Thelen, all voted to approve the minutes of 12-15-09 as presented.
The following items were petitioned onto the Agenda: Aud.Treas. Item #3, “Ditch 34 Update” (Russek). On a motion by Eichelberg, seconded by Thelen, all voted to approve the Agenda as amended.
The Consent Agenda was discussed. On a motion by Eichelberg, second by Russek, all voted to approve the Consent Agenda as presented.
ADMINISTRATION
1. Performance Appraisals: A. Pitzl, B. Schlimme, Atty.; C. Badeaux, Aud./Treas.; B. Biros, R. Hill, Bldg. Mnt.; C. Barnaal, Crt. Svs.; S. Albrecht, M. Barthel, S. Berg, J. Carpenter, T. Doerr, S. Doyle, T. Endreson, M. Even, R. Ferguson, G. Findley, M. Flemming, A. Fournier, H. Gillham, J. Hinton, M. Hoberg, T. Hoffman, S. Halonen, G. Howell, L. Husom, K. Joerg, B. Johnson, T. Klaers, T. Korbel, B. Kothman, M. Lauer, E. Leander, M. Lindquist, K. Lipelt, J. Lutgens, R. Murray, D. Nystuen, K. Olson, A. Pribyl, M. Rhodes, L. Salls, D. Scherber, S. Sims, M. Steffer, C. Strand, A. Sturm, M. Sturm, J. Tester, P. Thinesen, T. Wachter, J. Winkelman, R. Wirkkula, Sher./Corr.
AUDITOR/TREASURER
1. 2010 Tobacco License Renewals: Albertville Pitstop, Casey’s General Store #2412, Coborn’s, Coburn’s Liquor, Geez Sports Bar & Grill, Heidi’s Market, Little Duke’s, Westside Liquor (Albertville City); Holiday Stationstore #254, Coborn’s, Coborn’s Liquor, Little Duke’s (Clearwater City); Casey’s General Store #1647, Lake Region Coop, Neisen Liquors of Cokato (Cokato City); CVS Pharmacy #5311, Coborn’s, Holiday Stationstore #214 (Delano City); Lake Region Coop (Maple Lake Township); Cruiser’s Gas & Goods, Holiday Stationstore #196, Holiday Stationstore #344, Monti Smoke Shop, Snyder Drug Store #5032 (Monticello City); Casey’s General Store #1881 (Montrose City); Holiday Stationstore #378, Riverview Liquorette (Otsego City); Casey’s General Store #2156 (Rockford City); South Haven Municipal Liquor, South Haven Sport LLC (South Haven City); Cash Wise Liquor, Corner Bar, Ditto’s Bar, Holiday Stationstore #394 (St Michael City).
Gloria Gooler, Administrative Confidential Secretary, stated that she is filling in for Bob Hiivala, County Auditor/Treasurer. She stated that two newspapers submitted bids to become the Official County Newspaper for 2010: Herald Journal and Dassel-Cokato Enterprise Dispatch. Herald Journal came in with the lowest bid at one cent per column inch for legal postings. Russek made a motion to approve the Herald Journal as the Official Newspaper for 2010. Mattson seconded the motion and the motion carried unanimously.
Russek stated that there was an Informational Meeting regarding Ditch 34 on 12-16-09 at the City of Delano. There were approximately 30 persons in attendance. The meeting provided information regarding the City’s plans. The conclusion is that any action on the ditch, including a Public Hearing, would be delayed until spring, 2010. Russek stated that they heard from a lot of citizens. The citizens agreed that the ditch needs to be repaired, although they misunderstood and thought they had to pay for the repairs. The City has agreed to pay for some of the costs.
Gooler submitted the claims listing for approval. Mattson inquired about the Cub Pharmacy claims that appear each month (Page 14, $7,903.17). He stated that he is concerned that the dollar amount continues to grow substantially. Gary Torfin, Jail Administrator, stated that the inmate pharmacy costs can run up to $8,000/month depending on who is in the jail and what their medications needs are. Torfin commented that they are working on receiving a generic formulary from the Department of Corrections.
On a motion by Russek, second by Thelen, all voted to approve the claims as listed in the abstract, subject to audit.
Brian Asleson, Chief Deputy Attorney, stated that as part of the preparation of the Right-Of-Way (ROW) Plat for the upcoming CSAH 12 project, staff has had discussions with the City of Buffalo to clean up title discrepancies in the area near the channel between Buffalo and Mink Lakes. Staff is proposing an exchange of quit claim deeds which would involve the County deeding to the City the area including the lift station and public access on the south shore of Buffalo Lake. In return, the City would deed the County the necessary ROW for CSAH 12. He stated that he is seeking authorization for signatures on a Quit Claim Deed to the City of Buffalo regarding the CSAH 12 Project. He stated that according to the Beacon GIS Map System, this property is owned by the City of Buffalo. However, there was some type of County ownership at some point. He stated that from a parks standpoint, Marc Mattice informed him that there is no desire to own this property. Mattson asked if the owner across from the property has been notified. Asleson stated that he is not familiar with the status of property owner notifications. Mattson stated that it was his understanding that if there were any utilities that interfere with the rebuilding of the road, the City would be responsible for those costs. Asleson stated that Mark Johnson, Engineering Assistant, is working with the City. The City will have to move their force main for the sanitary sewer. This will be cleared up for the project. Thelen moved to authorize signatures on a Quit Claim Deed to the City of Buffalo regarding the CSAH 12 Project, seconded by Eichelberg. Mattson asked if there is anything else that would interfere with the ROW. Sawatzke stated that the County is keeping the ROW in this portion. Asleson stated that no money would be exchanged. The City Council met last night to approve the Quit Claim Deed back to the County for the necessary ROW for 45’ on either side of the center line. Mattson asked what the City is financially responsible for. Johnson stated that he was not familiar with the financing of the project. He stated that the force main will have to be relocated which the City will be paying for. The County will have to acquire additional ROW which the City would also have to purchase. Asleson stated that he is assuming that there is a cooperative agreement regarding this issue. The motion carried unanimous.
Gary Torfin, Jail Administrator, stated that he is seeking authorization to allow Climate Air, Inc. to install a modulating controller to allow for modulation of the ground water return valves. He stated that a representative from the factory came out to the Jail/LEC to confirm that the heat pumps have been tripping out. The representative recommended a fix and Climate Air has provided a price quote of $3,418.73. He stated that these problems began last summer. Eichelberg asked how this expense would be funded. Torfin responded that this expense would dramatically affect his budget line item. Sawatzke asked if there were funds available in the Site Improvement line item. Richard Norman, County Coordinator, stated yes. Russek asked if this would be considered a change order. Torfin stated yes, however the project has been closed. Sawatzke stated that this would be a warranty issue if the pump had broke. Torfin explained that this is an enhancement to effectively control the heating and cooling. It should be considered a change order. Sawatzke stated that the Jail/LEC is a very large building and has a very complex mechanical system. He asked Torfin if he would agree that everything is operating fairly well. Torfin stated that with the current Maintenance staff, the facility has virtually no issues. On a motion by Russek, seconded by Eichelberg, all voted to authorize Climate Air to proceed with modifying the ground source heat pumps for $3,418.73. The motion carried 5-0. This will be funded out of Budget 100, Site Improvement line item.
Marc Mattice, Parks Administrator, stated that in the Commissioners Board packets, they would find a draft of an organization letter for the Greater Minnesota Regional Parks and Trails Association. The letter is to formally grant himself, as the Parks Administrator, to represent Wright County and become a member of the Greater Minnesota Regional Parks and Trails Association. He stated that the group has informally met over the past couple of years to discuss trends. Now, with the recent Legacy Amendment for Greater Minnesota Regional Parks and Trails funding, the necessity to formalize this organization is important. Eichelberg asked if Mattice foresees whether the organization would require annual dues. Mattice stated that no dues would be necessary during the first year. The first year would focus on organizing, and creating the bylaws. He stated that he would anticipate annual dues in the future. This would be something that he would have to fit into his budget. Mattice stated that the group would consist of staff members; however, it may have to explore the idea of lobbyists at the State Capital. Thelen made a motion to authorize the Parks Administrator to represent Wright County and become a member of the Greater Minnesota Regional Parks and Trails Association. Eichelberg seconded the motion. The motion carried unanimous.
Mattice asked the County Board to authorize two park maintenance employees to attend the 2010 Cross Country Ski Trail Grooming and Maintenance Training/Conference in Michigan. The Conference is out of state. Minnesota does not offer a clinic regarding this subject matter. The registration fee is $100/person. The staff members would take a Parks vehicle and would stay one night in a hotel. The personnel policy states that only Department Heads can attend conferences out of state. This conference would provide information on grooming fundamentals and processes. He feels that it is important to send the staff members who actually groom and care for the County’s ski trails. Sawatzke asked if Mattice thought this could be done under $500. Mattice stated yes. The staff members would be taking a Parks vehicle so there would not be any mileage reimbursement. This would be paid for under the Parks Staff Training line item. Eichelberg moved to authorize two park maintenance employees to attend the 2010 Cross Country Ski Trail Grooming and Maintenance Training/Conference. He stated that if Wright County is going to have ski trails, they should be cared for correctly. Thelen seconded the motion. Mattson stated that he hopes that the staff members will not return from the Conference requesting new equipment and machinery. All voted to approved the motion. Mattice asked if the County Board would like the staff to report on their findings. Sawatzke stated yes as he believes this is a requirement of the Personnel Policy.
Mattice announced that the 2010 winter grant cycle is here. He stated that there are two grants to fund the acquisition of the Bertram Chain of Lakes Regional Park. He is seeking authorization to apply for the grants. One grant is the Legacy Parks Funds Statewide Grant Program for Regional Parks; the other is the Non-Metro Regional Park Grant. Both are administered through the DNR. He stated that the Legacy Grant is due to the passing of the Legacy Amendment and is funded by 3/8th of the one percent increase on sales tax, and the Non-Metro Grant is funded by lottery dollars and/or Federal funds from off-shore oil drilling. The Legacy grant has a maximum award of $500,000, and the Non-Metro grant is a variable amount. Once given authorization to apply for the grants, a Public Hearing is required. Both grants have a deadline of 3-31-10 and are matching grants. If awarded, the County would have two years to use the funds. Eichelberg asked whether the County would have the right to forego the grants if it is unable to fund the match amount. Mattice stated yes. Russek asked if Park Dedication Fees could be used toward the matching portion of the grants. Mattice stated that the Park Dedication Fees collected by the City of Monticello could be used toward the matching portion. Russek asked if the grants could be used toward any other park in Wright County. Mattice stated that the grants are project specific. Sawatzke reminded the County Board that the matching portion would be split between the City of Monticello and the County. Thelen made a motion to authorize Mattice to apply for the grants to fund acquisition of the Bertram Chain of Lakes Regional Park. The motion was seconded by Eichelberg. Russek stated that it should be clarified that the County Board could deny the grant funds if the County is unable to fund the match. The motion carried 5-0.
Eichelberg presented the 12-16-09 Personnel Committee minutes and recommendations:
1. POSITION OPENINGS.
A. Deputy Sheriff.
Hagerty stated the Sheriffs Department is authorized for 144 positions. Currently, there are 136 employees on the payroll. The Department promised that they would leave five of the 144 positions vacant. He stated that they are seeking authorization to fill three positions. One Deputy left for a position in Brooklyn Park, and two were terminated. He stated that the Department has not hired anybody since 7-23-09 and their relief factor is down. Norman reminded the Committee that the arbitrator has not made a decision regarding the grievance filed on behalf of one of the terminated Deputies. The other terminated Deputy has recently filed a grievance. Sawatzke asked if the Deputies are on a paid status. Norman stated no. Once the Deputies are terminated, they are no longer on payroll. RECOMMENDATION: Authorize hiring process for three Deputy positions. (End of 12-16-09 Personnel Committee Minutes.)
At today’s County Board Meeting, on a motion by Eichelberg, second by Thelen, all voted to approve the recommendations made by the Personnel Committee. Mattson asked how long it would be before the three new Deputies would be on the County payroll. Norman stated that there is an active list of applicants. The three new Deputies will be on the County’s payroll soon. Sawatzke clarified that the Sheriffs Department was down eight employees, and after bringing on three employees, the Department would still be down five employees (139 of 144 authorized employees). Russek stated that the County has to maintain its City contracts. He stated that he would imagine that the Department would like to bring on the three employees prior to the spring and summer seasons. Motion carried 5-0.
Mattson presented the 12-16-09 Ways & Means Committee minutes and recommendations:
1. Proposed Dangerous Dog Ordinance.
Asleson distributed his updated draft of the Dangerous Dog Ordinance (see attached). He stated that the struck through text references changes made or text removed and the underlined proposes new language to be used. The following items were discussed regarding the Ordinance: Section 6-A: Asleson stated the changes were made based off a request from the Sheriff’s Office. Once changes are adopted, notification will be sent out to the cities and towns located within Wright County. Section 6-D: Asleson stated that the changes were made to follow suit with the definition of “unprovoked”. He continued that potentially dangerous dog is included with unprovoked, as stated in Section 6-J. Asleson stated that he feels the language needs to be consistent. Mattson pointed out that in 4-D, the phase “without provocation” should be changed to “when provoked”. Section 6-M: Asleson stated that it was assumed 14 years of age and under would be an unprovoked attack. The age needed to be defined and as a result it was determined that younger children are capable of provoking a dog to attack. Mattson questioned if under the age of 14 years old should remain. Asleson stated that the most important part is that “unprovoked” remains in this section. Section 8; Subsection 2: Asleson stated that the number of days to register a dangerous dog was changed to be consistent with Section 13. Section 11; Subsection 2: Asleson stated that this allows orders to be made by Animal Control or Hearing Officers. Sterilization language was added to item 6 to allow flexibility; however, this does not have to be used in each case. Asleson questioned if Crossroads Animal Shelter was in agreement with the change. Schwichtenberg commented that she was under the impression that Crossroads Animal Shelter would not be making these decisions and that their role would be that of a consultant. Miller stated the changes will allow time for the owner to appeal. Asleson stated that cities will be notified what the County is doing and some cities that designate their own Animal Control Authority may be different. Section 13; Subsection 4: Asleson stated this will provide the County with ammunition in regard to owners who have been charged twice in a row. Section 14; Subsection 1: Asleson stated the language was changed to reflect a dog that has inflicted great bodily harm, multiple bites, or death may be destroyed; however, not until the owner is given the opportunity for a hearing. Section 16: Asleson stated that this section was taken directly from state law. It prohibits ownership of a dog by people who have been convicted. This includes spouses or significant others from owning dogs if living in the same household as the offender. Norman questioned that if the Committee recommends the revised Ordinance to the County Board, is a public hearing required. Asleson stated that a public hearing would not have to be held but the issue would have to be put on a future Agenda to receive public comment. He continued that the County would have to publish notice of intent to adopt the Ordinance in the public newspaper as well as notifying other parties. Miller stated the Quarterly Township Officers Meeting will be held on 01-07-10 and the Dangerous Dog Ordinance can be included on the Agenda. Asleson stated that this Ordinance would be County-wide unless cities come forth with their own Animal Control Authority. Asleson stated that once the Dangerous Dog Ordinance is adopted a notice will go out to all cities. Miller questioned the effective date of the Ordinance. Asleson stated that statue states that it takes affect when it is published. It would be in the County’s interest to set an effective date. Miller stated that 03-01-10 would provide enough time to get notices out to contracted cities. Recommendations: The Dangerous Dog Ordinance will be presented at the 1-19-10 County Board Meeting for public comment and approval. (End of 12-16-09 Ways & Means Committee Minutes.)
At today’s County Board Meeting, Mattson corrected the spelling of his name under “Section 6-D”. On a motion by Mattson, second by Russek, voted to approve the correction and recommendations made by the Ways & Means Committee. Asleson did not have any updates relating to this topic. The motion carried 5-0.
Sawatzke announced that the MN State Aggregate Mining Conference will take place on 2-18-10 in St. Cloud. Mattson moved to authorize attendance to the MN State Aggregate Mining Conference, seconded by Russek. The County Board discussed that the registration fee is $75 for the Conference, and an additional $35 to attend the Planning & Zoning Workshop on 2-19-10. The Conference would be open to the Commissioners and P&Z staff to attend. Sawatzke clarified that the motion would cover attendance for either or both days. A late registration fee applies after 2-01-10. The motion carried 5-0.
Norman stated that the IRS set the Mileage Reimbursement Rate for 2010 at $.50/mile. This is down from $.55 for 2009. The Budget Committee Of The Whole met on 8-06-09 and recommended that rate to be set at $.50/mile and not to exceed the IRS reimbursement rate. Thelen moved to approve setting the Mileage Reimbursement Rate for 2010 at $.50/mile, seconded by Eichelberg. The motion carried 5-0.
Bills Approved
AECOM USA Inc.. $553.50
Allina Hospitals & Clinic 370.00
Allina Medical Laboratories 850.90
Ameripride Linen and Apparel 390.22
Anoka County Corrections 2,009.70
APEC Industrial Sales & Service 296.81
Auto Glass Center Inc. 508.92
Paul Baertschi 130.00
Bob Barker Co. 586.71
Lawrence Bauman 367.65
Black Box Resale Services 364.00
Boyer Truck Parts 830.53
Braun Intertec Corporation 3,524.86
Buff N Glo Inc. 133.00
Buffalo Chamber of Commerce 230.00
BV Construction Inc. 1,400.00
CDW Government Inc. 11,214.63
Center Point Energy 10,017.90
Centra Sota Lake Region LLC 13,166.11
Central Hydraulics Inc. 135.34
Chief Supply 292.94
Clearwater River Watershed 1,004.20
Climate Air 26,276.00
Comm. of Transportation 11,923. 65
Cub Pharmacy 7,903.17
Deatons Mailing Systems Inc. 138.94
Delano Rental Inc. 841.11
Dell Marketing LP 2,622.65
Design Electrical Contractors 10,139.68
Carter Diers 419.10
Dustcoating Inc. 1,683.28
E Central Regional Juvenile 140,000.00
Elmer Eichelberg 235.88
EPA Audio Visual Inc. 142.50
Erickson Engineering Company 6,900.00
Fastenal Company 618.79
Dennis Fehn Gravel & Exc 432,711.68
Foot and Ankle Specialist 117.94
General Office Products Co. 632.17
Goodpointe Technology 2,250.00
Granite Electronics 44,374.32
Karen Guinn 158.95
Hewlett Packard 6,065.15
Darrell Hicks 1,750.00
Hillyard Inc. - Minneapolis 9,891.82
Holen Aluminum Products Inc. 4,146.75
Indentix Incorporated 231.88
Indelco Plastics Corp 1,286.52
Integrated Fire & Security 10,301.12
Interstate Battery Systems 491.26
Jamar Technologies Inc. 3,026.00
Jerrys Towing & Repair 133.59
Steven Jobe 113.20
Junction Towing & Auto Repair 125.04
Nancy Kopff 353.35
LaPlant Demo Inc. 507.04
Law Enforcement Technology 5,000.00
Lawson Products Inc. 615.18
Carol Lostetter 100.00
M-R Sign Company Inc. 34,320.06
Brian Malinski 160.80
Menards - Buffalo 221.46
Midwest Safety Counselors 279.09
Millers Sewage Treatment Solu 500.00
MN Asphalt Pavement Assoc. 110.00
MN Assc. of Asphalt Paving Tech 150.00
MN Assn of Assessing Officers 100.00
MN Counties Ins. Trust 5,000.00
Monticello Auto Body Inc. 236.17
Morries Parts & Service Group 1,431.55
Kurtis Mortenson 125.00
Nena GIS Workshop 100.00
New Horizons Comp. Learning 4,000.00
Richard Norman 165.76
North American Salt Co. 33,046.56
Northwest Eye Clinic 196.00
Office Depot 3,408.44
Corey Paulson 124.99
Pleasant Lake Imp. Assn 700.00
PMI Computer Supplies 665.95
Public Safety Equipment Co. 1,995.00
Qwest 8,005.21
Regents of the University of M 26,454.16
Royal Tire Inc. 7,113.80
RS Eden 6,299.75
Ryan Chevrolet 170.53
Pat Sawatzke 365.85
Robert Schermann 462.80
Donald Schmidt 198.15
SHI International Corp. 201.99
Software House International 531.17
Sprint 4,280.07
T & M Towing and Snow Plow 101.53
TDS Telecom 656.16
TKDA 1,440.89
Towmaster 153.95
Traffic Control Corporation 9,608.07
Trans Languages LLC 353.90
Trefoil Cultural & Environment 7,800.00
Trimin Government Solutions 9,000.00
Truck Utilities Inc. 6,854.96
Uniforms Unlimited 925.17
University of Minnesota 327.05
Verizon Wireless 722.06
H Wagner 375.90
Woodland Township 1,177.40
Wright Co. Highway Dept. 37,148.43
Wright Hennepin Coop Elec 3,304.79
Wright Hennepin Electric 138.67
39 Payments less than $100 3,375.04
Final total $1,007,190.01
The meeting adjourned at 9:52 A.M
Published in the Herald Journal Jan. 18, 2010.


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