Wright County Board Minutes

WRIGHT COUNTY BOARD MINUTES
DECEMBER 28, 2010
The Wright County Board met in regular session at 9:00 a.m. with Sawatzke, Thelen, Mattson, Russek, and Eichelberg present.
Russek moved to approve the minutes of the 12-21-10 Wright County Board Meeting as presented, seconded by Eichelberg. Mattson stated that he would like to add an additional comment to the discussion that took place during the 12-14-10 Transportation Committee Of The Whole Meeting minutes. He would like to state that he is not in favor of rumble strips along County Road 12. He stated that the road was built close to the homes along that road. It is his opinion that placing rumble strips along County Road 12 would be disruptive to the homeowners who live within close proximity of the road. The motion carried 5-0.
Bob Hiivala, County Auditor/Treasurer, petitioned a claim under his Agenda Item to the East Central Regional Juvenile Center (ECRJC) for unused beds. The claim is to be paid out of the 2010 budget. On a motion by Thelen, seconded by Russek, all voted to approve the Agenda as amended.
On a motion by Eichelberg, second by Thelen, all voted to approve the Consent Agenda as presented:
A. ADMINISTRATION
1. E. Kloss, Assr.; K. Horsch, Aud./Treas.; R. Hill, Bldg.Mnt.; J. Klein, Ext.; P. Forare, Hwy.; B. Munsterteiger, I.T.; T. Johnson, P&Z; R. Barfknecht, J. Benn, J. Brown, S. Halonen, L. Husom, B. Kothman, K. Kremer, T. Wachter, P. Walker, Sher./Corr.
B. AUDITOR/TREASURER
1. 2011 Tobacco License Renewals for: Albertville Pitstop, Casey’s General Store #2412, Coborn’s, Coborn’s Liquor, Croix Convenience, Little Duke’s (City of Albertville); Clearwater Travel Plaza (General Store), Clearwater Travel Plaza (Fuel Center), Coborn’s, Coborn’s Liquor, Holiday Stationstore #254, Little Duke’s (City of Clearwater ); Iron Horse Grill & Saloon, The Marketplace (City of Cokato); Coborn’s, CVS Pharmacy, Dave’s Town Club, Flippin’ Bill’s, Holiday Stationstore #4073 (City of Delano); The Original Tom Thumb (City of Hanover); H&H Sport Shop, Madigan’s Pub & Grill (City of Maple Lake); Kwik Trip #345, Monti Smoke Shop, Monticello Liquor, Walgreen’s #13904, WalMart SuperCenter #3624 (City of Monticello); Clark Gas Station (City of Montrose); Cash Wise Liquor, Hi 101 Liquor (City of St. Michael).
C. SWCD
1. Authorize Signatures On FY 2011 Natural Resources Block Grant Agreement.
Hiivala stated that he received two bids for the award of Wright County’s 2011 Official Newspaper. He opened bids from Herald Journal and Delano Herald Journal at the 12-21-10 County Board Meeting. He would recommend awarding the title of Official County Newspaper for 2011 to the Herald Journal. Their cost per column inch for legals is $0.92. Last year, the County published approximately 10,000 column inches. On a motion by Russek, second by Thelen, all voted to approve awarding Herald Journal as the County’s Official Newspaper in 2011.
Hiivala stated that he was approached this morning by Mike MacMillan, Court Services Director, who requested that a claim for $30,000 to the East Central Regional Juvenile Center (ECRJC) be paid out of the 2010 budget. The bill is for unused beds at the Juvenile Center. Court Services budgeted $265,400 for juvenile detention, and spent $202,152.09. They will come in under budget in 2010. Thelen moved to approve payment of the claim to ECRJC for $30,000 to be paid out of the 2010 budget, seconded by Eichelberg. Russek stated that this claim would have to be paid either this year or in 2011. Hiivala agreed with Russek. Sawatzke stated that the County is near the end of a 15-year arrangement with other member counties: Anoka, Benton, Chisago, Kanabec, Isanti, Mille Lacs, Pine, Sherburne, and Washington. The members are currently negotiating a new arrangement for a five-year time period. Wright County will negotiate for a fewer number of beds than the current guaranteed six bed allotment at the Juvenile Center. The use of the contracted youth beds didn’t materialize as Court Services predicted. The County will always have a guaranteed bed at the ECRJC, with the option of utilizing more beds, if available. Mattson asked whether there would be a penalty to the County for dropping its number of contracted beds. Sawatzke stated no, because it would be a newly negotiated contract. Anoka, Pine, and Mille Lacs Counties were the only counties that met or exceeded their contracted bed amounts. The other counties underutilized their contracted bed amounts. The motion carried 5-0.
Hiivala submitted the claims listing for approval. The claims’ listing was discussed. Russek noted an error on page 7 regarding an employee’s mileage claim. He also noted that the claims listing calls for the payment of two claims (Hardrives & Fehn) from the Highway Department that are listed under today’s Items For Consideration. The items have resolutions attached to their approval of final payment. Russek moved to approve the claims as listed in the abstract, contingent on approval of the resolutions, and subject to audit. Hiivala corrected the mileage error on the abstract to reimburse the employee for 70 miles ($35). Mattson identified a difference in two employee’s membership dues to the MN County Engineers Association. Hiivala, upon review of the claims, stated that Wayne Fingalson’s dues for member status are $240. Virgil Hawkins’ dues are based on an associate status at a rate of $160. There is a difference in price based on membership status. Eichelberg seconded the motion. The motion passed unanimously.
Thelen stated that she would like to revisit the Joint Powers Agreement with Corinna Township. She read the following statement:
“This item is a follow-up to the meeting held on December 14th, when the County Board unanimously approved the Joint Powers Agreement (JPA) between Corinna Township and Wright County subject to minor revisions by the County and Township attorneys. As you know, at last week’s Board meeting, the Board approved the JPA without an indemnification for Corinna Township, recommended by its legal counsel. That evening, at the Township Meeting, Corinna’s Board voted not to adopt the JPA as passed by the County Board and instead approved a counter proposal with the double indemnification included.
“Today, I am bringing the JPA back to the Board for your reconsideration. I urge your approval of the amended version with the double indemnification found in your packets. To make the case for approving the JPA from Corinna Township, I would ask the Board to consider additional information on the issue of double indemnification from the County Attorney’s Office as well as from Mark Nolan, our County Risk Management Officer, who contacted the Minnesota County Intergovernmental Trust (MCIT) for their opinion.
“As you know, at the meeting last week, Greg Kryzer, the Assistant County Attorney, stated, among other things, that he did not think it necessary to include indemnification of Corinna Township in the JPA. Yesterday, December 27th, in an email sent to the County Board, he stated that after further discussion, it was the opinion of the Wright County Attorney’s Office, that the risk posed by double indemnification is minimal and should not prevent passage of the JPA. I am encouraged by this new development. Also, the information Mark Nolan received from MCIT, which he will share with us this morning, favors passage with double indemnification.
“Before we hear from Mr. Nolan and others I would like to speak briefly in support of its passage – as a member of this Board and the negotiating committee and also as someone who has been working to find a solution to the impasse between the County and the Township since taking office. There are the obvious tangible benefits to the JPA, which the Board is already aware of, such as the appointment of Wright County building and septic officials by Corinna Township, keeping 100% of the revenue collected from their services in the County (75% to the County Zoning office and 25% to the Township) establishing the terms for data sharing and also setting forth how timely input from the County on variances and shoreland zoning issues will be effectuated, among other things. The JPA also provides an excellent framework for ongoing collaboration, negotiation, study, evaluation and future agreements for more permanent solutions to planning and zoning in Corinna Township in the best interests of Wright County citizens. Through cultivating an ongoing relationship based on sound principles and best practices, the JPA is an opportunity to move forward for the effective management of some of the most beautiful resources in Wright County. Passing the JPA capitalizes on the strengths of our mutual benefit and best intentions, to establish a sustainable legacy of cooperation for future generations.
“Your ‘yes’ vote will make this historic opportunity possible and recognize the efforts of the people who participated in the drafting of the JPA. To close my comments, I would like to recognize those individuals. Thanks to Mr. Salkowski, Planning and Zoning Administrator, for his leadership. As he said himself, it’s a testament to perseverance that we got this far. In an era where government is often faulted for its failures, it is important to recognize the expertise and achievement of the people who toil for years in its public service. Also, thanks to Charlotte Quiggle, Chair of the Corinna Township Planning Board, who volunteered countless hours. Her unremunerated commitment to the people and resources of Corinna Township, and consequently the County, is astounding. Also thanks to Ben Oleson, Corinna Township Planning Administrator, whose reasoned approach was instrumental in helping establish common ground for this agreement. Finally, thank you to the Boards of Corinna Township and Wright County for your direction and understanding that this JPA is in the best interest of our citizens.
“Before I make a motion to pass the JPA, I’d like to provide the opportunity for Mark Nolan to inform the Board on what he learned from his contact with MCIT on the topic of double indemnification. Also, while Mr. Salkowski spoke in support of the JPA at the December 14th Board meeting, he is here today if you would like to hear from him again. And then, I would like to provide the opportunity to the representatives of Corinna Township to speak to the issue.
“With that, Mr. Chair, would you recognize Mr. Nolan and have him approach the podium to address the board? Ms. Quiggle or Mr. Oleson, would you like to speak to the issue and if so, Mr. Chair would you recognize them?”
Mark Nolan, Safety Director, stated that he was approached by Richard Norman, County Coordinator, and Thelen to look specifically into the topic of double indemnification. Nolan stated that he spoke with the County’s representatives from MCIT. He stated that according to the JPA, the County’s employees, acting as inspectors, would be covered by workers compensation in their scope of duties. The double indemnification is typical language to have in an agreement and is not deemed out of the ordinary. It was the opinion of MCIT that the final decision is up to the County Board. However, they do not feel that the use of a double indemnification should stop the agreement from being approved. MCIT did recommend the County consult with its County Attorney’s Office. He stated that he has also spoken with Greg Kryzer, Assistant County Attorney, and Brian Asleson, Chief Deputy Attorney. Both attorneys are present to answer additional questions the County Board may have today. Russek stated that Nolan provided good information.
Thelen asked if Charlotte Quiggle, Corinna Township Board, would like to read the letter from the Corinna Township Board of Supervisors that was included in today’s County Board Agenda packet. Quiggle approached the podium and read the letter which asks the Wright County Board to reconsider its vote of 12-21-10 and agree to indemnify the Township in the language of the JPA. Thelen moved to approve the Joint Powers Agreement as amended to include an indemnification for Corinna Township (Section 12). Eichelberg seconded the motion by stating that a lot of research went into the clarification of the double indemnification language. The motion carried 5-0.
Sawatzke made a motion to adopt Resolution #10-51, Resolution of final acceptance for the 2010 Overlays, Contract #1001, with Hardrives, Inc. of Rogers, Minnesota, and authorize final payment of $223,475.85. The motion was seconded by Russek, and on a roll call vote was carried unanimously.
Eichelberg made a motion to adopt Resolution #10-52, Resolution of final acceptance for the CSAH 19 Reconstruction Project, Contract #0803, with Fehn Gravel & Excavating, Inc., of Albertville, Minnesota, and authorize final payment of $33,122.37. The motion was seconded by Russek, and on a roll call vote was carried unanimously.
Bills Approved
Albertville Body Shop Inc.. $7,214.83
All State Communications In 2,315.60
Allina Hospitals & Clinics 17,109.86
Allina Medical Laboratories 427.70
Ameripride Services 817.63
AMI Imaging Systems Iinc. 900.00
Aramark Services Inc. 6,448.72
Baertschi/Paul 130.00
Bakeberg/George 156.00
Barker Co/Bob 793.71
Bauman/Lawrence R. 425.50
Beaudry Propane Inc. 2,846.51
Benchmark Computer Learn 12,000.00
Bender & Company Inc/Matti 262.85
Bergee Industries 6,888.09
Blaalid/Angela 135.00
BP Amoco 2,150.95
Bray/Herb 125.00
Buffalo/City of 960.00
CDW Government Inc. 2,037.59
Center Point Energy 1,986.02
Centra Sota Lake Region LLC 55,903.46
Central MN Mental Health 200.00
Chamberlain Oil Co. 2,090.30
Climate Air 4,785.54
Commissioner of Transport 12,662.64
Cottens Inc. 3,937.36
Cragg Co/H M 8,409.49
Cub Pharmacy 3,103.03
Dell Marketing LP 3,114.77
Design Electrical Contract 464.92
Determan/Karen 171.50
Diamond Mowers Inc 24,603.19
Douglas/Ralph D. 657.00
E Central Regional Juvenile 30,000.00
Eichelberg/Elmer 166.00
Election Systems & Software 1,640.00
Fehn Gravel & Excavating 33,122.37
Firstlab 195.00
Fred Pryor Seminars Inc. 357.00
Frontier Precision Inc. 23,281.80
General Office Products Co. 2,192.67
Gholson/Janet 188.00
Grainger 563.66
H & L Mesabi 3,309.28
Hagen/Deborah 135.00
Hardrives Inc. 223,475.85
Hertzog/Amy 130.00
Hillyard Inc. - Minneapolis 5,360.29
Hoernemann/William 135.00
Huemoeller/Neal 140.00
International Assn. of Asses 350.00
Interstate Battery Systems 129.00
Jahnke/Chris 122.50
Keeprs Inc. 1,307.89
Kimberlys Brokerage Inc. 1,207.08
Kittock/Marlene 135.00
Kjolhaug Environmental Se 1,110.00
Kris Engineering Inc. 1,232.80
Lakedale Telephone Co-Wind 227.91
Larson Allen LLP 2,450.00
Lawson Products Inc. 483.74
Lockridge Grindahl Nauen 1,500.00
M & M Express Sales 1,500.28
Macmillan/Michael 667.00
Marco 10,404.75
Marco Inc. 1,639.46
Mattson/Richard 327.68
Menards - Buffalo 164.91
Midwest Machinery Co. 2,799.06
MN Chemical Company 804.77
MN Counties Computer Coop 150.00
MN County Engineers Assoc 400.00
MN Dept of Health 200.00
MN Onsite Wastewater Assn 295.00
MN Safety Council 1,603.13
MN Society of Prof Surveyors 392.00
MN Weights and Measures 230.00
Morries Parts & Service Group 1,185.48
Munson/Margaret 145.94
North American Salt Co. 75,260.08
Office Depot 3,345.94
Performance Kennels Inc. 171.79
PMI Computer Supplies 484.40
Powerplan OIB 2,055.14
Qwest 120.70
RDO Equipment Co. 4,390.58
Redwood Biotech Inc 181.90
Republican Party of Minnesot 1,500.00
Royal Tire Inc. 4,452.41
RS Eden 1,009.35
Ryan Chevrolet 353.36
Safelite Fulfillment Services 260.76
Scharber & Sons Inc 410.67
Schliesing/Sherry 1,538.50
Schmiginsky/Douglas 125.00
SHI International Corp 8,593.49
Sprint 12,086.34
Stamp Fulfillment Services 255.60
State of MN-Office Enterpri 261.25
Thelen/Rose 1,022.00
Total Printing 964.87
Towmaster 2,093.68
Trueman Welters Inc. 3,812.77
Unlimited Electric Inc. 5,450.00
Verizon Wireless 931.75
Walmart Store 01-1577 585.87
Watchguard Electronic Ho 383.50
Waverly/City of 328.33
Weber/Gordon 280.00
Winter Equipment Co. Inc. 4,578.58
Wright County Highway Dept. 54,341.70
Wright Hennepin Coop Elec 8,851.73
Wright Hennepiin Electric 644.55
Xcel Energy 2,941.08
Zep Sales & Services 472.64
Zumbro Valley Forestry 6,000.00
39 Payments less than $100 2,057.70
Final total $756,390.07
The meeting adjourned at 9:27 A.M
Published in the Herald Journal Jan. 24, 2011.


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