Wright County Board Minutes

WRIGHT COUNTY BOARD MINUTES AUGUST 30, 2011
The Wright County Board met in regular session at 9:00 A.M. with Sawatzke, Mattson, Russek, Thelen, and Eichelberg present.
On a motion by Thelen, second by Eichelberg, all voted to approve the 8-16-11 County Board Minutes.
Petitions to the Agenda were discussed. Brian Asleson, Chief Deputy Attorney, requested a Closed Session with the County Board to provide an update on the Hutchinson Health Care vs. Wright County Case. On a motion by Eichelberg, second by Thelen, all voted to approve the Agenda with the addition.
On a motion by Eichelberg, second by Sawatzke, all voted to approve the Consent Agenda:
A. ADMINISTRATION
1. Performance Appraisals: G. Gooler, L. Pulvermacher, Aud./Treas.; B. Hatfield, Bldg. Care & Maint.; L. Diederich, Ct. Svcs.; R. Erickson, Hwy.; T. Janikula, P&Z; K. Day, Recorder, A. Chaney, S. Doyle, R. Hillukka, N. Larson, M. Silbernagel, C. Stine, C. Torkelson, Sher./Corr.
2. O/T Report, Period Ending 8-05-11 & 8-19-11.
3. Claim, Madden, Galanter, Hansen, $10,117.17.
4. Approve/Authorize Signatures On Settlement Agreement, Hagerty v. Wright County; Authorize Claim Payment.
B. HIGHWAY
1.Approve 9-12-11 Transportation Committee Of The Whole Agenda:
A. Vacant Highway Maintenance Position.
B. Status Of Former Chouinard Property.
C. Sign Maintenance Policy.
D. Status Of Funding Task Force With City Of Buffalo For TH 25/TH 55 Connection.
C. SWCD
1. Authorize Signatures On The FY 2011 State Of Minnesota Board Of Water & Soil Resources MPCA 2010 County Feedlot Performance Grant Agreement, $2,589.
D. SHERIFF
1. Authorize Signatures Of The Board Chair, County Coordinator, & Sheriff On The 2011 Supplemental Federal Boating Safety Grant Agreement.
Bob Hiivala, Auditor/Treasurer, presented the 6-13-11 Wright County Board of Equalization minutes for approval. On a motion by Thelen, second by Eichelberg, all voted to approve the minutes as presented.
Brian Asleson, Chief Deputy Attorney, presented a draft resolution relating to the discharge rate control standards in County Ditch 34 for the City of Delano. The County Board previously received a request from the City requesting the Board look at the outlet fee which would be charged. A letter from Phil Kern, Delano City Administrator, followed requesting that other landowners wanting to outlet into Ditch 34 follow the same rate control. Asleson said this was not dealt with in the Order for the City. Asleson said the draft reflects that any other landowners that request to outlet into Ditch 34 would follow the same conditions. This includes that the storm water discharge rate from any development be controlled so that it is at pre-settlement levels for a 2-year, 10-year and 100-year storm; and that any deviations allowing storm water discharge at a rate greater than specified above shall be made only after the drainage authority has made specific findings justifying said deviation. Asleson said the draft resolution was sent to the City but no comment was received. Asleson said with the condition of the Ditch, it probably would be a good idea to be consistent on how applicants’ requests are addressed. Sawatzke said the draft makes sense. However, one concern could be with an area zoned agriculture and used for farming. If the person farming decided to put up greenhouses, could it be questioned whether this is urban development vs. agricultural development. Asleson said he feels that type of situation would be covered under the second condition outlined in the draft resolution. Specific findings would need to be made relating to the nature of the proposed use. Asleson stated that applicants proposing to hook up storm water pipes into the Ditch or from holding ponds into the Ditch will have to follow the same process as the City. Mattson asked whether the City has the option to control the Ditch. Asleson said the City could elect to take over all or part of Ditch 34 but the County Board must approve. Mattson moved to adopt Resolution #11-40, seconded by Sawatzke, carried 5-0 on a roll call vote:
RESOLUTION 11-40
WHEREAS By Amended Findings and Order approved on July 19, 2011, the City of Delano (City) was granted approval to outlet storm water into County Ditch 34 from an industrial park development located in the East Half of Section 3 and the Northeast Quarter of Section 10 of Franklin Township; and
WHEREAS As a condition of that approval, the City is required to limit the storm water discharge rate from that development so that it is at pre-settlement levels for a 2 year, 10 year and 100 year storm; and
WHEREAS The City has included such pre-settlement rate control in its design plans and petitions concerning the County Ditch 34 watershed since at least 2006; and
WHEREAS Such a pre-settlement rate control requirement will result in some restrictions on development and increased storm water ponding needs; and
WHEREAS The City has requested that the County impose the same rate control standards on future applications and requests having to do with the discharge of storm water into County Ditch 34; and
WHEREAS Imposing the same rate control standards on future development should have the effects of reducing negative impacts of flooding along County Ditch 34 and extending the effective life of the aging agricultural drainage system;
NOW, THEREFORE, BE IT RESOLVED, That the Wright County Board of Commissioners, as drainage authority for County Ditch 34, adopts the following policy:
1) That any future applications, petitions or other requests having to do with the discharge of storm water into County Ditch 34 shall be approved only upon the condition that the storm water discharge rate from any development be controlled so that it is at pre-settlement levels for a 2 year, 10 year and 100 year storm.
2) That any deviations allowing storm water discharge at a rate greater than that specified above shall be made only after the drainage authority has made specific findings justifying said deviation.
(End of Resolution #11-40)
Thelen and Mattson recently met with the applicants for the appointment to the Clearwater River Watershed District (CRWD) Board. Thelen made a motion to appoint Dave Wagner to the CRWD Board, seconded by Mattson. Mattson said Wagner indicated that he will appoint Marv Brunsell, the other applicant, to a sub-committee of the CRWD. Mattson said that it is important not to lose the years of experience that Brunsell has with the CRWD. The motion carried unanimously.
Hiivala requested the Board schedule a Committee Of The Whole Meeting for the Audit Exit Conference. Larson Allen has completed the audit of the 2010 financial statements. On a motion by Mattson, second by Eichelberg, all voted to schedule a Committee Of The Whole Meeting for 9-13-11 at 10:30 A.M.
On a motion by Mattson, second by Thelen, all voted to approve the claims as listed in the abstract, subject to audit.
Greg Kryzer, Assistant County Attorney, requested the Board adopt an Amendment to the Wright County Temporary Emergency Slow No Wake Ordinance amending the No Wake Zone on Sugar Lake. The Amendment was drafted as Thelen received a request by the Sugar Lake Association for a reduction from the entire No Wake Zone to 300’ from the existing shoreline. The proposed language accomplishes that. Thelen moved to adopt Ordinance Amendment #11-03, amending the Wright County Temporary Emergency No Wake Ordinance adopted on 7-26-11. Russek questioned whether a Public Hearing is required. Kryzer stated that a public hearing does not need to be held. Section 375.51 of State Statutes indicates that a public hearing is required when official controls are enacted under Section 394.22, which deals with zoning issues. The DNR requests a public hearing for slow no-wake ordinances when they are permanent ordinances. Kryzer said a public hearing is not required because this is a temporary, emergency ordinance. The motion was seconded by Mattson. Thelen stated the Lake Association held a meeting, which she did not attend. The majority in attendance wanted to make the change for the duration of the Temporary Ordinance. The lake level is still slightly over a foot over the 6” ordinary high water mark. The Temporary Slow No Wake Ordinance is down to four lakes because of water levels decreasing. Sheriff Joe Hagerty said he was with the Recreation Enforcement Unit last week. Three lakes are still high including Sugar, Clearwater, and Sylvia. Sugar Lake is the lowest of the three. Clearwater Lake lies both in Wright and Stearns Counties, so there has been an issue of enforcement and placing restrictions. Sheriff Hagerty hopes there will be a buy-in from Stearns County for a long-term ordinance. The public is still being educated and they are seeing a lot of self compliance on lakes. He anticipates quite a bit of lake activity with the upcoming holiday weekend. Thelen stated the Wright County website now reflects the Ordinance and the current lake levels. There are lake monitors who will update this information as readings are taken every few days. This will help the public and law enforcement. Hagerty said citations need to be based on accurate information. This has been a learning experience for all involved. The County does not have a lot of experience with no wake zones, with the exception of Beebe Lake. Kryzer provided the lake level for Sugar Lake. The most recent posting by the DNR was on 8-05-11 and reflects 20.52” above the ordinary high water mark. The most recent posting on the Wright County website reflects 12.96” over the ordinary high water mark.
Public comment was taken. Don Berry has lived on Sugar Lake for 8 years. He stated there is very little damage around the Lake. The only damage that may be present is where residents decided not to riprap the shoreline. Berry is against a no wake ordinance but could support 300’ from the shoreline. He was unsure whether Sugar Lake needs that restriction. He said the Lake Association does not represent the opinions of all who live on the Lake. Because of the Temporary No Wake Ordinance, there has not been boat traffic. He questioned what economic impact this has had on retail stores (gas and grocery).
Ron Elsner, Chair of the Sugar Lake Association Board, said 6 of the 18 members of the Lake Association were present today to support the request made in writing to Thelen a week ago. They support the 300’ offset from the shoreline as opposed to the no wake zone. Elsner felt this was a good move due to the dropping of the lake levels. He felt it was timely as well due to the holiday weekend. As the County moves forward toward a permanent no wake ordinance, Elsner said the Sugar Lake Association would like to participate in those discussions. He supported having a well-defined ordinance in place in case of future problems with high water.
Thelen stated that when the permanent no wake ordinance is addressed, there will be time and opportunity for public hearings and for lake associations to poll members and provide input. Kryzer said a timeline is being drafted for all parties to participate. Information will be presented once finalized. Thelen extended thanks to the lake associations for their involvement on the Temporary Ordinance, and to Kryzer and the Sheriff’s Office for their assistance. The motion carried 5-0. Ordinance Amendment #11-03 follows:
ORDINANCE AMENDMENT #11-03 TEMPORARY EMERGENCY SLOW NO WAKE ORDINANCE AMENDMENT
The Wright County Temporary Emergency No Wake Ordinance adopted on July 26, 2011 is hereby amended as follows:
Section 4.00 – Surface Zoning of Waters and Restrictions on Speed.
Subd. 13 Sugar Lake
An emergency Slow No Wake zone on Sugar Lake is hereby enacted. No person shall operate a watercraft at a speed greater than a slow-no wake within 300 feet of the existing shoreline on Sugar Lake.
This restriction shall be promptly removed when high water levels have subsided and have remained below an elevation of six inches above the Ordinary High Water Mark One for three (3) consecutive days. The water level for Sugar Lake shall be as determined by the Department of Natural Resources Lake Level Minnesota Monitoring Program Gauge.
Enacting Clause:
This amendment is effective from and after the date of its passage. Adopted by the Wright County Board of Commissioners this 30th day of August, 2011.
(End of Ordinance Amendment #11-03)
Marc Mattice, Parks Administrator, said Wright County and Freedom Farms entered into a Lease Agreement in April, 2011, allowing use of the Lake Ida School House by Freedom Farms for its day retreat center. Recently, Freedom Farms attended Planning Commission and Board of Adjustment meetings to work on plans for the renovation of the School House. Part of the discussion included allowing use of the School House by 4-H Programs. The Planning Commission questioned the use as it is not part of the Lease Agreement. Mattice said a possible amendment to the Lease is being researched which would allow use by 4-H and other non-profit groups. Mattice consulted with Asleson on the Amendment as well. Freedom Farms checked and their insurance will provide coverage for the other groups. Mattice asked for Board consensus on staff moving forward with amending the Lease Agreement to include other non-profit groups and for Freedom Farms to schedule these groups. He clarified the other non-profit groups would include those that operate in Wright County. Mattson moved to move forward with the process of allowing Freedom Farms to schedule other non-profit groups in the Lake Ida School House noting that they will carry insurance coverage for this use. The motion was seconded by Eichelberg and carried 5-0. Mattice said they will work with Asleson to amend the Lease Agreement. When they are ready to move forward, the Amendment will be brought back to the County Board for signatures.
A Personnel Committee Meeting was held on 8-17-11. At today’s County Board Meeting, Thelen moved to approve the minutes. She referenced the Civilian Corrections Officer position and noted that the recommendation to fill the position is pending receiving information on the Jail inmate population and required staffing levels. Richard Norman, County Coordinator, said he did not have the opportunity to look at the Budget Committee Of The Whole Meeting tape where discussion on this subject occurred. The motion to approve the minutes was seconded by Sawatzke. Pat O’Malley, Jail Administrator, provided information on inmate population and staffing. Inmate population has averaged over 110 since budget sessions. The current population is 116. Since the Committee Meeting, two more Civilian Correction Officer resignations have been received bringing them to 5 positions short. The Jail has adequate female staffing, with 9 female employees to cover all of the shifts. They are required to have 1 female on duty at all times. Thelen asked whether the Jail will be at the staffing level required for 110 inmates if the Corrections Officer position is filled. O’Malley said the DOC approved the staffing level when the Jail was built. They have since worked with the DOC to manage inmates in a different way with less staff. However, now that the inmate population is increasing, areas they were utilizing are no longer available and so inmates will be required to be moved to other areas, which will require a change in staffing. O’Malley stated 2 resignations were received since the 8-17-11 Committee Meeting and another employee will retire in January. O’Malley outlined the eligibility list process used to hire Correction Officers. The process involves passing the interview and a number of tests (background, psychological, and physical). Each step eliminates the number of people who qualify for this position. O’Malley said that for every person hired, about 6 candidates are removed from the eligibility list. Sawatzke asked whether the reason the Sheriff’s Office was not represented at the meeting related to the distribution list. O’Malley responded no, that they understood that they did not need to attend meetings for backfills of current authorized positions. Sawatzke said the problem is that the Personnel Office works for the County Board and the County Board is following that process. He said Personnel can’t fill positions until this process has been followed. Sawatzke said the replacements will come up on the Committee Agenda and it will be easier if a department representative is there to explain it to the Committee. Sawatzke said it would be nice if O’Malley would attend the Committee Meetings. O’Malley said this should not be a problem. Sawatzke said he knows Sheriff Hagerty is a great communicator and has done a great job of providing information through press releases, etc. Sawatzke said it would be helpful if someone could be available to attend the meetings. Sheriff Hagerty said communication is key. Over the past eight months, there have been struggles with communication. He wants to be part of the solution and will be requesting a meeting with his peers to discuss that. He feels he has some ideas that will mitigate all of the concerns. Sheriff Hagerty said O’Malley did not attend the Personnel Committee Meeting as he told him not to. He said this is all part of what they have been going through for the past eight months. Sheriff Hagerty said he feels he has a solution that will work to the benefit of both parties with a better understanding. Mattson said he will be voting no on all of this because there is a Budget Committee Of The Whole Meeting scheduled at 10:30 A.M. He said this is the first year he can recall that they have hired and replaced people and yet departments are coming in saying they have no new hires for the coming year. Mattson has concern with the positions coming forth at budget time. Sawatzke stated these are not new positions. Mattson stated the 2012 budget may look so bad that it could include layoffs. He favored waiting until the budget is set prior to replacing positions. He favored reducing some other type of request (i.e., equipment etc.). He is concerned due to the extra cuts from the State. Thelen said the Public Health Nurse and the Senior Office Support Specialist in Human Services generate income for the County. It is important to have these positions in place. The Corrections Officer is needed to serve the population. Mattson said when Human Services reserves are going down, that doesn’t mean they are balancing out. Sawatzke said the Public Health Nurse position is a profit center. The Office Support Specialist position is largely reimbursed at 66% and beyond. Thelen said the position also frees up time for the other income generating positions. Sawatzke referenced the two Corrections Officer resignations. O’Malley said they occurred after the last Personnel Committee Meeting. Sawatzke asked whether the request to replace those positions will be presented at the next Committee Meeting. O’Malley said he assumed this would be the case. The motion to approve the minutes carried 4-1 with Mattson casting the nay vote:
I. POSITION OPENINGS.
A. Civilian Corrections Officer.
The request is to replace a Civilian Corrections Officer position that will be vacant due to a retirement. Norman stated that another Corrections Officer resigned this week. Petersen said the process for hiring this position includes a periodic process where candidates are tested, a background check is performed, and a psychological and physical exam is conducted. A register of eligible candidates is used to fill positions. Petersen felt the last process was completed earlier this year.
The Committee had questions relating to required Jail staffing levels, inmate population trends, and the number of female employees needed as Corrections Officers. The Corrections Department did not have a representative at the Committee Meeting to address these questions.
Recommendation: Prior to the next Board Meeting, information needs to be provided in relation to the Jail inmate population and required staffing levels. The recommendation is to approve filling the Civilian Corrections Officer position pending receiving this information. Representatives from the Corrections/Sheriff Department should be present at future Committee Meetings when position replacements are requested.
B. Public Health Nurse.
Nesseth distributed a handout (attached) describing the request to hire a Public Health Nurse. The request includes filling the .9 position with 1 FTE replacement. The position works with the Nurse-Family Partnership Program which provides the home visiting program for high-risk first-time mothers. The position is fully funded. They billed for over $200,000 this past fiscal year and received about $130,000.
Including this vacancy, Public Health has 1.2 positions unfilled. Norman referenced a memo he sent to the County Board previously encouraging the Board to eliminate part-time positions when the opportunity arises.
Recommendation: Authorize replacement with 1 FTE position.
C. Senior Office Support Specialist, Human Services.
A handout was distributed (attached) outlining a request to fill the position. The position provides support to the Child Support Officers so they can focus more on the incentive earning part of their jobs. The Office Support Specialist also carries a caseload. The position receives 66% of the total cost of the salary and benefits from the Federal government and additional funding from the State government. Effective 1-01-12, there will be some incentive cuts to the Child Support Officer positions but not the Office Support Specialist positions. A 2% fee will be charged to non-welfare clients. A formula will be distributed to counties. It is expected this will make up for the loss of the incentive funding.
Recommendation: Authorize replacement.
(End of 8-17-11 Personnel Committee Minutes)
A Ways & Means Committee Meeting was held on 8-17-11. At today’s County Board Meeting, the following correction was made to the minutes: Page 3, 2nd to last paragraph, Item 2, change from “GIS” to “GPS” (Norman). Sawatzke said they have been unable to obtain the historical details but the Committee wants to know from an elevation standpoint whether anything will change if the pipe is replaced. He said it is hard to obtain elevations due to the vegetation growth. Russek has been to the site and the tile was working at that time. The area is very flat and he was unsure whether pipe replacement will improve the situation. Sawatzke said the Committee wants to find out whether there is water flowing from Chelgren Lake to the wetland. If the water does not flow due to elevations, increasing the pipe will not help with Terning’s situation. He added that Kerry Saxton, SWCD, is not convinced that the pipe is the only contributing factor. The soils and vegetation that exist could be more of a problem than the pipe. The Committee plans to meet again in the future. Sawatzke moved to approve the minutes and recommendation, seconded by Mattson, carried 5-0:
I. Discussion RE: Drainage Tile Issue, Collinwood Park & Adjacent Drainage System.
The meeting was reconvened from 7-27-11.
Pooler stated that documents were searched in the Recorder’s Office. There are no easements of note for the tile lines, ditches, or the road. The easements found relate to utilities, an easement road on a deed, and public access and highway purposes for the State. The State has public rights to a portion of the road but not all of it. Sawatzke questioned land ownership where the road is located. Pooler felt it was probably general right of way. He did not review all deeds of private ownership. The legal description for the road only covers to a specific point to the east. The road has not changed. Mattice said a land split occurred in 1968 and the aerial photos show cabins prior to that time. One building permit was pulled in 1969. Other than that, there are no permits of record.
The Committee reviewed various aerial photographs of the area. Allen said the photos from 1979-2000 did not have good clarity or resolution. The photographs reflect that the road and some cabins were present in 1970. Pooler said the road has been in existence since 1940, most likely prior to the cabins. Sawatzke asked about the natural creek. Allen stated the photographs reflect a creek to some degree. In the 1950’s, some ditching occurred but there wasn’t necessarily a ditch all the way through. The ditches ran east and west. Mattice said the Collinwood Park property was purchased by the County from 1971-1976 (southern most portion in 1976). The road and cabins were present prior to that time. Mattice said they looked at aerial photos to try to determine whether the ditch was removed over time. Allen referenced a series of ditches in the 1963 photograph of the wetland. The photograph from 1940 does reflect low water levels and a physically different land layout. The road existed in the 1940’s. It was agreed that the photographs don’t reflect a timeline of when and how the natural creek flowed.
The Committee reviewed photographs from a recent site visit by Saxton and Allen. Due to the high water levels, it was hard to find the bottom of the ditch. They tried to establish the natural ground elevation. They are unsure whether the information obtained reflects the natural land elevation or if there is fill. The pipe is quite a bit below what they have determined as the natural ground elevation. The road is just above that. Terning said the existing pipe drains slowly and is in poor shape. By the time the pipe takes water, he is flooded. He did not feel the pipe was large enough. Allen stated there would be a lot of maintenance involved with fixing the existing pipe but it is allowed. There may be concern with increasing the size of the pipe as it is below the natural ground elevation. Terning referenced a swell in the grass. Allen said the pipe may have been installed at that elevation possibly 40 years ago. Saxton said the water elevations do not vary much and so water may remain in the pipe almost all the way back to the inlet. Given this, the pipe will not function very well. Terning said in the 1940’s, his land was dry. The water is very high now and draining slowly. The tiles that run from his property to Chelgren Lake were placed in 1967 and used to work properly. He felt something occurred and now the tiles do not drain properly. During the years they were not working, Terning dug a ditch which helped to drain his property. Later, he removed trees from the property and tried to farm the land.
Mattson asked for a comparison of the drainage for an open ditch to a pipe installed 3’ below the surface level. Saxton said generally an open ditch carries more water. The ditch has been like this for 40 years and as far as they know, nothing has changed. Allen said one thing that is allowed in wetlands is the maintenance of existing drainage systems that do not drain well or that have been in existence for 25 years. Terning said the Corp of Engineers and the DNR were on site about 10 years ago. During that visit, they discussed with Terning the swell or rise in dirt that controls the water level. Saxton asked if there is any documentation from that meeting. Terning said he does not have anything. Terning said there were pictures taken of the area including the dam on the north end. Allen felt a records search through the DNR could be completed. Mattice asked whether the swell was put in by the DNR. Terning felt it was natural.
Mattice said there were two issues to address. The outlet on Collinwood Park property crosses private property. The question is whether this repair can be done. It would require SWCD Board approval. The County Board’s major concern is whether to cost share if the SWCD Board approves replacement or improvement of the existing pipe.
Saxton said replacement of the existing pipe is not a problem. That can be permitted right away and would improve the situation for landowners as the tile is failing and sinking. He did not feel it would improve drainage. Terning said when he and Mattson were previously at the site, there was a lot of head pressure at the pipe. Sawatzke asked if the pipe size could be enlarged if the elevation is raised. Allen said this could potentially be done. Allen said that the elevations in this area are subtle. There is a potential to place another pipe in to get rid of the difference between the natural ground elevation and the elevation of the road. This difference may be a few tenths of an inch. She was unsure whether it is worth the benefit and cost. There is also a question whether this would be allowable under wetland rules. Saxton said it could not be installed without cover. The pipe may have to be moved to a higher elevation and cut into the wetland. Sawatzke asked whether they were able to determine who originally paid for the pipe. Mattice said they were unable to determine this and do not feel they will be able to. Terning felt it was the owner of the property at that time, Don Knott, and that he was the one that filled the ditch. Mattson asked whether Terning would acquire the right of way required to complete the work (if approved). Terning said he had permission from property owners 10 years ago.
Mattson thought the only way the County Board could be involved is if the repair has something to do with the Park property. Sawatzke said there would have to be a legal reason to expend dollars, as County funds can’t be used for private good. Asleson said that as conveyed at the last meeting, the County’s involvement would depend on who initially put the pipe in. If this happened prior to the County acquiring the land, the County may have some reason to restore it to what it was at one point. It would depend on who did the original tiling or ditching and that may be an unknown. Mattice felt that the tile line was put in prior to the County purchasing the Park. Mattice felt landowners may be receptive to pipe replacement. Terning offered to supply the labor. Mattice said the SWCD would have to approve the work.
Saxton said it appears the ditch filled in when the tile was placed. The remainder seems to be in natural condition. Terning said he would like to find the original depth of the ditch and use a large enough pipe so his land drains. Saxton felt part of the problem is the high water. If the Lake level decreases, he felt drainage would occur. The lake level of Chelgren Lake is 2.7 feet above the Ordinary High Water Mark of Collinwood Lake. Water is moving through the systems slowly. This is being seen throughout the County. They are seeing areas in farm fields where water has been standing for months. He said the ditching in the wetland did not seem that it had ever intersected Chelgren Lake. Saxton suggested investigating the swell or high spot, to find the difference in the water level compared to the Lake. This would be a DNR issue.
The Committee discussed how to proceed. Mattice suggested that the Technical Evaluation Panel should review the request. They would give their recommendation to the SWCD. Mattice said the process is the same as with a County ditch. The landowner where the tile runs is responsible for the materials. Sawatzke asked whether a landowner could be directed to pay for a repair. Asleson did not feel this can happen as it involves a private tile line. Mattice said that it would be hard to approach landowners without more information and cost. The materials are estimated at $4,000 but that does not include shipping. Mattson asked whether the County could contribute to the repair. Asleson stated it would depend on the history of who owned the land prior to the County and whether they were involved in ditching, tiling, or restoring to avoid damage to an adjacent landowner’s property. Mattice said this is an unknown. Asleson stated for that reason, it would not be a large problem for the County to contribute. Terning said he would not be interested in repair unless the pipe can be placed at the bottom of the wetland to drain to Collinwood. Mattice said that decision would be made by the Technical Evaluation Panel. The consensus was to proceed as follows:
1. The DNR should be consulted to see if any records exist for this area.
2. Elevations of Chelgren Lake, Collinwood Lake, and the wetland should be taken by the Survey Department (using GPS).
Once the elevations are taken, it will be determined whether the Technical Evaluation Panel should be involved or the DNR.
Sawatzke asked Saxton for his prediction. Saxton stated that he feels the tile system is marginally working. It works when it is dry but not in wet conditions. He thought there could be some restriction near the wetland.
Recommendation: Proceed as outlined. The water elevations should be taken in the near future while the water levels are high. The ground elevations can be taken in the fall. A meeting will be scheduled in the future when more information has been obtained.
(End of 8-17-11 Ways & Means Committee Minutes)
On a motion by Sawatzke, second by Thelen, all voted to schedule a Personnel Committee Of The Whole Meeting on 9-20-11 at 10:30 A.M. to discuss the Human Resources Director position.
Information was received from NACo outlining a resolution sponsored by U.S. Senator Frank Lautenberg of New Jersey. The information requests passage of a resolution on the local level calling for a National Moment of Remembrance to stop and remember those lost in the September 11th attacks. The Moment of Remembrance will take place for one full minute on 9-11-11 at 12:00 P.M. Central Time. Cities and towns, firehouses, churches and other institutions across the country are called upon to sound sirens and ring bells during that minute. The sirens and bells will be a signal for each person to stop and remember the people lost and demonstrate the perseverance the American people have shown since that fateful day. Sawatzke asked whether the Sheriff’s Department will sound the civil defense sirens that day. Sheriff Hagerty said he will check with staff on this. Mattson said the churches in the Buffalo area are meeting on this as well. Sawatzke moved to adopt Resolution #11-41 supporting the National Moment of Remembrance at 12:00 P.M. on 9-11-11. The motion was seconded by Eichelberg and carried 5-0 on a roll call vote.
The meeting recessed at 9:53 A.M. to go into Closed Session as requested by Asleson. The purpose of the Closed Session is to provide an update to the County Board on the court case involving Hutchinson Health Care vs. Wright County. The County Board meeting reconvened at 10:08 A.M.
Bills Approved
ACS Government Info. $9,084.38
Advanced Graphix Inc. 740.89
All State Communications In 411.00
Allina OCC Med 285.00
AMEM 260.00
Ameripride Services 674.49
Ancom Communications Inc. 2,840.52
Annandale Rock Products 472.90
Anoka County Corrections 11,656.00
Anoka County Sheriff 9,134.52
APEC Industrial Sales & Serv 2,873.10
Apollo Glass Company 239.83
Aramark Services Inc. 6,490.30
Association of MN Counties 260.00
Automatic Garage Door & Fir 704.98
B & B Products - Rigs and Squ 659.78
Bachman Printing 261.73
Black Moore Magnussen LTD 100.00
Bottiger/Shawna 150.00
BP Amoco 2,196.20
Brock White Co. LLC 6,016.21
BTR of Minnesota 289.95
Buffalo Clinic 140.07
Buffalo Fire Department 15,519.31
Buffalo Hospital 8,628.17
Buffalo Lake LLC 1,329.00
Buffalo/City of 15,519.31
Cenex Fleetcard 769.64
Center Point Energy 1,790.12
Centra Sota Cooperative -E 32,902.20
Central MN Mental Health C 1,332.00
CenturyLink 1,100.11
Climate Air 6,249.57
Commissioner of Transport 3,517.05
Corinna Township 1,330.65
Croteau Plumbing 774.50
Dell Marketing LP 143.15
Denn/Franklin E. 344.00
Dynamic Recycling 2,576.09
Edens Group 350.00
Engel/Dale L. 400.00
Ernst/Debbie 251.50
Experian 1,583.14
Farm-Rite Equipment Inc. 174.93
Fastenal Company 200.96
Feder Prairie Seed 9,239.72
Firstlab 119.85
Globalstar USA 115.98
Gould Towing 159.78
Grainger 223.36
Granite City Cash Register 529.03
Granite Electronics 798.94
H&R Const. Co. 7,897.00
Hardings Towing Inc. 213.75
Highway Technologies Inc. 1,245.10
Hillyard Inc. - Minneapolis 7,428.89
Howard/Jolanta 500.00
Indentix Incorporated 465.44
Independent Testing Techn 3,750.00
Integrated Fire & Security 1,841.97
Interstate Battery Systems 373.84
J & J Marine Inc. 417.82
Jacobs/Jeffrey W 3,290.62
Jerrys Towing & Repair 154.97
John Deere Financial 495.90
Kelly/Lee 446.13
Kramber/Greg 175.00
L3 Communications Inc. 2,709.00
Lab Safety Supply Inc 170.64
LaPlant Demo Inc. 1,524.45
Lostetter/Carol H. 400.00
Marco 12,750.00
Marco, Inc. 3,740.97
Marties Farm Service 193.52
Menards - Buffalo 373.02
Midwest Protection Agency 1,480.74
Midwest Safety Counselors 147.78
Mies Outland Inc. 311.85
Minnesota Conway Fire & Sal 277.50
MN Chemical Company 1,257.78
MN Copy Systems 164.06
MN Counties Computer Coop 1,243.43
MN Dare Officers Association 760.00
MN Lawyer Newspaper 249.00
MN Recreation & Park Ass’n 285.00
Monticello Times Inc. 178.90
Montrose/City of 556.85
Morries Parts & Service Group 1,645.52
North American Salt Co. 102,772.26
North Central Truck Equip. 331.85
Office Depot 3,144.25
Olsen Companies 239.86
Peterson’s Towing & Recov 167.26
PMI Computer Supplies 588.00
PTS of America LLC 1,014.30
Purick/Ryan 100.00
Ramacciotti/Frank 200.00
Rasmuson/Anthony 175.00
Reds Auto Electric 153.31
Reid and Associates/John E. 595.00
Rengel Printing Co. 637.54
Retrofit Companies Inc. 633.98
Richards/Thomas W. 400.00
Rinke-Noonan 535.50
Rockford Fire Department 5,134.43
Ron Michaels Consulting 12,144.00
Royal Tire Inc. 10,001.98
RS Eden 1,465.03
Russell Securitiy Resource 2,689.97
Ryan Chevrolet 638.40
Safelite Fulfillment Iinc. 180.89
Sawatzke/Pat 308.50
Schneider Corporation 4,215.00
SHI International Corp 564.30
Silver Creek Township 1,247.75
Specialty Turf & Ag 532.77
Sprint 9,967.71
St. Croix Solutions 7,343.16
St. Michael/City of 8,017.48
Stephens/Bill 145.23
Stepp Mfg. Company Inc. 287.58
Streichers 140.98
The Sign Man of MN Inc. 453.47
Towmaster 341.51
Traffic Control Corporation 1,573.20
Traffic Marking Service Inc. 33,713.53
Transcend United Technolo 9,646.38
Trillium Development Inc. 895.00
Trophies Plus Inc. 192.38
Trueman Welters Inc. 41,213.14
Uniforms Unlimited 499.64
Upper Midwest Community P 250.00
US Internet 325.00
US Mail Supply Inc. 2,502.82
Verizon Wireless 815.48
Voss Lighting 960.63
Wadena County Sheriff 540.00
Walmart Community GEMB 259.12
Walmart Store 01-1577 832.59
Wright County Highway Dep 61,467.71
Wright Hennepin Coop Electric 4,883.65
Wright Hennepin Electric 2,855.98
Xcel Energy 800.63
Xiotech 24,954.04
40 Payments less than $100 1,951.08
Final total $591,620.60
The meeting adjourned at 10:08 A.M
Published in the Herald Journal Sept. 19, 2011.


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