WRIGHT COUNTY BOARD MINUTES
APRIL 5, 2011
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 Thelen, seconded by Eichelberg, all voted to approve the minutes of 3-22-11 as presented.
The following items were petitioned onto the Agenda: Items for Consid. #2 “CROW Meeting” (Russek); Items for Consid. #3 “AMC Meeting with Extension and Highway” (Mattson); Items for Consid. #4 “University of Minnesota Center of Transportation Studies GO Advisory Group” (Mattson). On a motion by Thelen, seconded by Eichelberg, all voted to approve the Agenda as amended.
The Consent Agenda was discussed. On a motion by Eichelberg, seconded by Thelen, all voted to approve the Consent Agenda as presented:
1. Performance Appraisals: J. Bresin, Assr.; E. Liberato, Atty.; C. Pearson, Aud./Treas.; K. Johnson, Hwy.; K. Hayes, I.T.; S. Deckert, C. Mueller, P&Z; B. Baynes, V. Horn, R. Cowley, R. DeBlois, J. Domino, J. Scheierl, M. Williamson, Sher./Corr.
2. O/T Report, Period Ending 3-18-11.
3. Claim, Madden Galanter Hansen, LLP.; $3,400.02. (For Services, February, 2011).
4. Approve Placement Of The Technical Applications Specialist Position In Class “B” On The Salary Schedule, Teamsters Local No. 320, Courthouse Unit.
1. Approve Abatement, PID#206-000-061106 (Corinna Township).
1. Approve Signatures On Stipulation For Dismissal Of Claims With Prejudice And Order, Alama V. Wright County, Et. Al. (CV-10-6941).
1. Approve Tobacco License Renewal For Monticello Country Club (Monticello City).
1. Award CSAH 40 Bridge Replacement Project To Redstone Construction, $708,330.21.
2. Set Bid Opening Date for 2011 Reclaim/Overlay, Contract 1102; 5-10-11 At 9:30 A.M.
Bob Hiivala, Auditor/Treasurer, stated that he has a request for a large group assembly permit, submitted by Jay Waalen, for an event at the YMCA Grounds in Monticello. Hiivala stated that this application process is in line with the Large Assemblies Ordinance the Wright County Board adopted in 1996. A $500 permit fee has been collected. An additional $1,500 for rental of the County’s property will be collected after the event. Hiivala commented that there are certain things the County is waiving to allow the function to happen. Mattson asked whether all of the insurance requirements have been met. Brian Asleson, Assistant County Attorney stated that as part of the application process a copy of the insurance certificate from American Motorcycle Association, Inc. (Certificate Holders: Norseman MC) has been attached to the application. He stated that a list of additional insureds has also been attached to the certificate of insurance. He stated that one of the waived requirements is for a bond. There is no need for a bond if the insurance is in place. He stated that the normal terms of the Ordinance requirements would be to clean the premises afterwards. This remains in effect with this application. Mattson asked whether other vendors participating in this event are required to submit a certificate of insurance. Asleson stated that the Ordinance calls for food vendors to be properly licensed. Sawatzke stated that this event has been held for a number of years. The race runs over onto Wright County property. The Bertram Chain of Lakes Advisory Group felt it was important to bring the event in compliance with the Ordinance. The YMCA, County, and City of Monticello receive some of the revenue from this event. The event has always run smoothly and that is why some of the permit and application requirements have been waived.
Eichelberg moved to approve the request for the large group assembly permit for the Norsemen MC event. The motion was seconded by Thelen. Sawatzke stated that the $500 permit fee was collected. The County and City’s share of the rent to use the facilities for this event is $2,000. In the past, this type of rental fee would stay with the park to pay for future repairs and maintenance of that specific park. Sawatzke stated that the Bertram Chain of Lakes Advisory Group is asking if this could be done for this event. Asleson stated that the County Board could designate where the application fee should be applied. Asleson noted that the approval letter will list the conditions that would be waived. The reason for some of the waived conditions is because several of the requirements do not apply to this event. He cited some examples of the waived requirements (i.e. traffic control, fencing, public phone access). Eichelberg asked Asleson whether the motion should include approval of the permit and the designation of the fee. Asleson responded that the two largest concerns in regard to the approval of the application is the requirement of a sanitation vendor and insurance coverage. Asleson stated that as long as the County has that information, the permit fee dollar amount and what to do with the funds can be voted on separately. The motion carried 5-0 to approve the large group assembly permit.
Mattice stated that Wright County is managing any donated funds, except for the Family Fun Day event, in a County Park Fund under Bertram Chain of Lakes. Sawatzke stated that he would like to propose designating the $500 permit application fee into that account. The remaining $1,500 is due after the race and concessions. Sawatzke asked what the concept is of the Bertram Park Fund. Mattice stated that there is a bridge on the County park property that needs repair. The fund can also be used for maintenance items. However, all maintenance items come before the County Board prior to any expenditure being made. Mattson asked whether there is a damage deposit on top of the permit fee. Mattice stated that the Norsemen MC organization repairs and restores the trails they use. There is a technical resources group through the Bertram Chain of Lakes Advisory Group that inspects the property after the race is done. The inspection is signed off on. If necessary, the County could mitigate any damages after the inspection has been signed off. Sawatzke moved to approve transferring the $500 permit fee to the Bertram Chain of Lakes fund, seconded by Thelen. The motion carried 5-0.
Hiivala stated that he is seeking approval of a combination On/Off Sale Liquor License for the “Hitching Post on the Lake”, formerly “Lake Center Bar & Grill” in Corinna Township. He stated that this item was placed on the agenda because the establishment is operated by new owners. On a motion by Thelen, seconded by Sawatzke, all voted to approve the On/Off Sale Liquor License for the “Hitching Post on the Lake.”
Hiivala presented a revised septic loan resolution. He noted that the fourth paragraph of the previous resolution included language that authorized the County Coordinator to execute loan disbursement requests. Hiivala requested that the Board rescind Resolution #11-15 and adopt a new resolution which includes the corrected language authorizing the Auditor/Treasurer as the executor of loan disbursements. Eichelberg moved to rescind Resolution #11-15 and adopt Resolution #11-18, seconded by Sawatzke. The motion carried 5-0 on a roll call vote.
Hiivala provided a County Ditch 34 update. He stated that a meeting took place on 4-01-11 at the Wright County Soil and Water District Office for the purpose of meeting with Ron Ringquist, a ditch viewer. He and Kerry Saxton, Phil Kern, Brian Asleson, Heather Libby were in attendance. The purpose of the meeting was to discuss the guidelines for establishing an appropriate outlet fee for the City of Delano’s Industrial Park into County Ditch 34. Hiivala noted that he took minutes of the meeting and distributed them as part of the County Board Meeting packet. An official letter will be prepared for the County Board regarding the basis of setting an appropriate outlet fee. Asleson stated that the County Board previously approved setting a public hearing for 4-19-11. The County Attorney’s Office was waiting for the official petition from the City of Delano. There is some question regarding whether the petition was furnished in time to be published in the County newspaper. Now, the group would prefer to delay the public hearing date to May and conduct it on a Monday evening. By delaying the public hearing, there would be adequate time to publish the public hearing notice. Russek stated that he would prefer to conduct the public hearing during a normal County Board Meeting. Conducting a public meeting in the evening requires calling staff back to open up the building and take minutes of the meeting. Sawatkze moved to authorize setting a public hearing for County Ditch 34 on 5-10-11 at 10 a.m. Eichelberg seconded the motion. Mattson asked that the notice include verbiage inviting the public to write a letter of concern if they are unable to attend the public hearing. Asleson stated that the public hearing notice always includes verbiage stating that written comments should be submitted to the County; in this case, to the County Auditor/Treasurer. The motion carried unanimous.
Hiivala submitted the claims listing for approval. Sawatzke noted a claim on page 18 for Gries & Lenhardt PLLP, $2,000. The claim is for professional services under the Sheriff’s Department. Sawatzke stated that he questions whether the taxpayers are supposed to be paying for this expense. Shortly after receiving a letter from Gries & Lenhardt, he called Hagerty to discuss the matter. He stated that it was his understanding that Hagerty would be paying for this service. Hagerty stated that this is the only bill that the County Board will see unless further representation is necessary. Hagerty stated that he personally questions requiring County taxpayers to pay for the other attorney’s opinion that kept him from filling his command staff. Sawatzke stated that he thought $2,000 was expensive for a letter. Sawatzke stated that he hated bringing this discussion up however, he had not been aware of this claim prior to today’s meeting. Eichelberg asked whether the $2,000 claim was a flat sum or if it was based on an hourly fee. Hagerty stated that there was a substantial deduct on it to bring it down to $2,000. Eichelberg moved to defer payment of the claim until the County Board receives further information regarding whether the Auditor thinks the County should be charged a flat rate or an hourly fee. Sawatzke stated that he’d like more information regarding whether the taxpayers have a legal requirement to pay for the Sheriff’s legal representation. Hagerty asked whether the County Board is asking for clarification from the attorney or him. Eichelberg asked whether Hiivala could verify with the State Auditor regarding the legal representation fee. Sawatzke stated that he remembers the County Board had skirmishes with elected Department Heads. The Department Heads were responsible for the payment of their hired council. Tom Kelly, County Attorney, stated that Sawatzke is correct in his statement. However, those cases were to benefit the personal salary of the person at hand. Hagerty’s situation is different as it wasn’t to improve or personally benefit him. The conflict was in regard to his Department’s command structure. Hagerty stated that if he had been appealing his personal salary, then he would be responsible for the cost of legal representation. Sawatzke stated that this was not his understanding when he and Hagerty discussed this matter via the telephone. Hagerty stated that he was prepared to pay for legal representation so that he could operate his Department. Thelen seconded the motion to look further into the claim. Thelen stated that the County Board has paid for other legal fees for obtaining advice from the Coordinator’s office. Thelen stated that she agrees with Sawatzke and Eichelberg that the County Board needs more input. Sawatzke stated that he has a problem if Department Heads hire other legal council to build a case against the County Board. Thelen stated that she does not disagree with Sawatzke’s statement; she just does not understand the parameters. The motion passed 5-0.
Mattson stated that he has a question regarding a claim on page 17, Allina Hospitals & Clinic, $920, for electrodes and batteries. He asked whether there are other vendors that these types of battery purchases could be made. Hiivala asked if Mattson is questioning whether the County should pay the claim or is requesting this be something to look at in the future. Hiivala stated that Craig Hayes, Purchasing Agent, must have been involved in this purchase as he signed the purchase order. He stated that he assumes that the County’s policy states that the County should find best price. Mattson stated that he’d like to see comparison bidding. Sawatzke stated that this claim must be for a specialized item. Hiivala noted that the claim indicates the batteries are AED’s electronics from Phillips FRX. Hagerty stated that the AED’s require lithium batteries and are very expensive. Hiivala stated that the Auditor/Treasurer’s Office will follow up with Hayes and ensure that he is finding the best price.
Russek stated that he has a question regarding a claim on page 18, Commissioner of Transportation, $24,387.16, for 800MHz support. He asked whether this is an annual or a monthly fee. It was noted that the Highway Department had a similar claim for 800 MHz support. Hiivala stated that the invoice is for the 2011 calendar year. On a motion by Eichelberg, seconded by Sawatzke, all voted to approve the claims with the exception of the claim from Gries & Lenhardt, PLLP,as listed in the abstract, subject to audit. Mattson commented that the dollar amounts and the number of claims are going out of sight. He stated that he is concerned that the private sector continues to tighten its belt; however government is not controlling its spending. The motion carried 5-0.
Kelly thanked the County Board for the time they invested in regard to appointing Amy M. Busse as the new Assistant Wright County Attorney. He introduced Busse and gave a brief history of Busse’s educational and work experience.
Joe Jacobs, Water Resource Specialist, stated that he would like to set a public hearing to review the five year amendment for the County’s Water Management Plan. The presentation at the public hearing will discuss what the Wright County Soil & Water Conservation has found regarding water quality and its changes in processes. He proposed a 4-19-11 public hearing. Sawatzke questioned whether this would allow for an appropriate time for the publishing of the public hearing notice. Asleson stated that in this case, only a one week published notice is required. On a motion by Sawatzke, seconded by Thelen, all voted to authorize setting a public hearing on 4-19-11 at 9:45 a.m. Jacobs stated that the County Board could anticipate a 30 minute presentation, and additional time to answer questions from the County Board and public.
On a motion by Eichelberg, seconded by Sawatzke, roll call vote carried 5-0 to adopt Resolution #11-19 for Final Acceptance for the CSAH 36 Flood Control Project, Contract #09-08, with Fehn Gravel and Excavating, Inc. of Albertville, Minnesota and authorize final payment of $28,717.55.
Russek stated that he has a conflict and won’t be able to attend the 4-7-11 Crow River Organization of Water (CROW) Meeting. He asked whether Mattson, as his backup, would be able to attend the meeting. Mattson stated that he would be in Baxter and unable to attend the meeting. Russek stated that he would contact Diane Sander, CROW Project Manager, to let her know of his absence.
Mattson stated that he attended the AMC Conference last week. He provided a brief update.
Mattson also attended the University Of Minnesota Center Of Transportation Studies GO Advisory Group on 4-04-11 at the St. Cloud Civic Center. The meeting agenda included discussions regarding economic competitiveness and energy issues.
Ace Auto Upholstery. $230.00
Allina Hospitals & Clinic 977.44
Allina Hospitals & Clinics 17,559.25
Allina Hospitals & Clinics Sp 2,132.83
Allina Medical Transportation 1,500.00
American Solutions for Bus 1,789.77
American Traffic Safety Assoc. 360.00
Ameripride Services 674.74
Anoka County Sheriff 10,051.82
Aramark Services Inc. 18,948.50
B & B Products - Rigs and Sq 10,292.80
Barnes Distribution 615.99
Bauman/Lawrence R. 288.00
Beaudry Propane Inc. 3,984.57
Berg Bag Company 1,719.39
Bogart Pederson & Assoc In 195.00
Boyer Truck Parts 518.46
BP Amoco 1,304.39
Breezy Point Resort Inc. 445.76
Brock White Co. LLC 31,830.11
Bryan Rock Products 273.07
Burdas Towing 219.91
Cenex Fleetcard 370.38
Center Point Energy 4,342.89
Centra Sota Lake Region LLC 66,843.86
Chamberlain Oil Co. 3,308.15
Citrix Systems Inc. 2,789.46
Climate Air 4,769.09
Collins Brothers Towing 116.49
Commissioner of Transport 32,603.15
Consolidated Container Co 1,946.61
Culligan of Buffalo 200.00
Design Electrical Contract 2,477.30
Elk River Municipal Utilities 108.80
Emergency Physicians Prof 507.00
Engelke Machine Inc. 176.25
Federal Signal Corporation 699.05
Fehn Gravel & Excavating/De 28,717.55
Forest Mushrooms Inc. 1,650.00
Granite City Cash Register 183.84
Hardings Towing Inc. 133.59
Hillyard Inc. - Minneapolis 5,351.28
ICMA-Distribution Center 215.00
Impact Proven Solutions 25,008.19
Interstate All Battery Cent 170.57
Interstate Battery Systems 174.10
Keeprs Inc. 132.72
LaPlant Demo Inc. 1,076.74
Lostetter/Carol H. 100.00
Lund Industries Inc. 289.90
Maple Lake Lumber Company 109.32
Marco Inc. 5,451.00
Marietta Aggregates/Mart 4,021.07
McLeod County Auditor-Trea 491.01
Menards - Buffalo 477.95
Mid-America Business Systems 194.48
Midwest Protection Agency 2,879.99
Minnegasco/Centerpoint En 2,703.61
MN Alcohol Traffic Safety 780.00
MN Counties Intergovernment 2,500.00
MN County Attorneys Assoc 100.00
MN Department of Revenue 485.00
MN HTCIA 560.00
MN Monitoring Inc. 1,227.25
MN Spring & Suspension 365.51
Monticello Auto Body Inc. 149.62
Morries Parts & Service Group 1,023.24
Multi Health Systems Inc. 268.40
North Suburban Towing Inc 414.67
Northeast Wisconsin Tech 350.00
Northern Safety Technology 209.44
Office Depot 3,337.64
Peavey Companpy/Lynn 198.00
Performance Kennels Inc. 176.90
Precision Prints of Wright Co 265.05
Public Agency Training Coun 295.00
Ramada Plaza Suites Fargo 653.40
Rigid Hitch Incorporated 126.04
Royal Tire Inc 3,724.32
RS Eden 4,642.05
RTVision Inc. 3,886.69
Schmidt/Donald M. 263.50
Schneider Foundation/Barb 420.00
SHI International Corp 318.49
Smith Publishers/M Lee 347.00
St. Cloud H ospital 228.17
Sturges/James K. 125.00
Total Printing 585.14
Trophies Plus LLC 111.81
Twin City Labor Mngmt Coun 310.00
Uniforms Unlimited 1,008.56
Unlimited Electric Inc. 1,463.46
US Internet 325.00
Vance Brothers Inc. 502.31
Victory Corps 289.54
Walmart Store 01-1577 340.54
West Payment Center 835.80
Wright County Auditor/Treas 2,224.03
Wright County Highway Dept 1,140.28
Wright Hennepin Coop Elec. 193.00
Wright Hennepin Electric 987.00
Xcel Energy 1,970.28
Zack’s Inc. 102.08
55 Payments less than $100 $2,716.03
Final total $398,417.09
The meeting adjourned at 9:44 A.M
Published in the Herald Journal May 2, 2011.