Wright County Board Minutes

NOVEMBER 10, 2015
The Wright County Board met in regular session at 9:00 A.M. with Husom, Sawatzke, Potter, Daleiden and Borrell present.
Daleiden moved to approve the 11-03-15 County Board Minutes. The motion was seconded by Borrell and carried 5-0.
Husom moved to approve the Agenda, seconded by Daleiden. The motion carried 5-0.
Borrell requested that Item B of the Consent Agenda be pulled for discussion (relating to proposed fee changes for the Auditor’s Office). On a motion by Borrell, second by Daleiden, all voted to approve the remainder of the Consent Agenda:
1. Refer Rolling Files for Court Administration to Building Committee
1. Approve Claims as Listed in the Abstract, Subject to Audit, for a Total of $ 1,506,799.87 with 167 Vendors and 256 Transactions.
1. Position Replacement A. Office Technician I
1. Request Board approval of the 2016/2017 MN DNR Snowmobile Safety Enforcement Grant
(End of Consent Agenda)
Refer to Fee Schedule Public Hearing the following addition to the Auditor/Treasurer Fee Schedule:
Addition to the Fee Schedule for the Auditor/Treasurer Department:
Current Proposed
Data File Requests N/A; $.03 per record
per file; $50.00 minimum
Borrell asked whether the proposed fee is consistent with what is being charged in the Information Technology Department. Bob Hiivala, Auditor/Treasurer, stated that the fee is applicable for data processing runs. Hiivala was directed to find out whether the fee is consistent with what is currently being charged. Borrell moved to approve Consent Item B, seconded by Daleiden, carried unanimously.
Employee Introduction: Jodie Karston, IT Technical Support Specialist
Karston was welcomed.
Request Board approval of a Joint Powers Agreement between Wright County and District Court to allow for Change of Name applicants criminal history checks to be done by the Sheriff’s Office
Daleiden moved to approve the Joint Powers Agreement, seconded by Husom, carried 5-0.
Approve reimbursement for out-of-state conference for those costs only associated for conference registration and accommodations during conference
A Planning & Zoning staff member attended the 2015 Onsite Wastewater Mega-Conference in Virginia and has requested reimbursement for the cost of the conference and accommodations totaling $307. The employee is covering the cost of travel as they planned to make the trip anyway. Borrell moved to approve reimbursements. The motion was seconded by Sawatzke and carried 5-0.
Adopt Resolution Authorizing Mike MacMillan To Execute The Master Subscriber Agreement For Minnesota Court Data Services For Governmental Agencies
The Agreement will provide Court Services remote access to data and documents in the Court’s database. Daleiden moved to adopt Resolution #15-67, seconded by Borrell, carried 5-0 on a roll call vote.
11-03-15 Committee Of The Whole Minutes
Husom moved to approve the 11-03-15 Committee Of The Whole minutes and recommendations, seconded by Daleiden, carried 5-0. Daleiden stated that the Building Committee will meet on 11-12-15 at 1:00 P.M. to discuss the development of an RFP for Courts. The Committee Of The Whole Minutes follow:
Scope of the Next Phase of the Courts Study
Judge McPherson provided copies of MN § 484.77 Facilities, to those present, which addresses the County’s responsibilities regarding facilities for court purposes. She went on to state that the study done by NCSC (National Center for State Courts) identified that the current court space is approximately 1⁄2 of the space that it should be based on today’s needs. The Courts met with the CIP Committee and it was recommended that funds ($40,000) be allocated for a feasibility study. Today’s meeting is for the Bench and the Board to come to an agreement on the scope of the Feasibility Study.
McPherson stated that the Bench will not take a position on where the Courts facility is located, as that should be the County’s decision.
After discussion, it was a consensus of the group that the long term solution will be for a new Courts facility to be located on the Jail/LEC. The group also concurred that the feasibility report should look at short term and long term needs and the costs to meet those needs. The Committee discussed the timeliness of funding for a new facility to minimize impact to taxpayers.
General discussion ensued regarding the immediate needs of the courts; court room sizes as they are overcrowded, IT needs for E-Court, clerk space, handicap accessibility, and security issues with shared hallways. It was determined there is a need to identify the costs to remodel the existing facility to suit the needs of the courts in the 5-10 year interim period. An RFP should be developed for an architect to assist with this process.
Utilize Pine, Washington and Sherburne counties as resources for information.
Create a subcommittee to consist of the County’s Building Committee (Commissioner Daleiden, Commissioner Potter, and Lee Kelly) along with Judge McPherson, Judge Tenney, and Tschumper. The committee is tasked with identifying the deficiencies and needs of the Courts; creating an RFP and identifying an associated timeline for the process.
The RFP will go the County Board for final approval.
(End of 11-03-15 Committee Of The Whole Minutes)
10-08-15 Owners Committee Of The Whole Minutes
Sawatzke moved to approve the minutes, seconded by Daleiden, carried 5-0. The Owners Committee Of The Whole Minutes follow:
1. Introductions
Introductions were made and Ken Francois was invited to give a summary of the Highway Department new building project.
2. Project update
Francois distributed what he referred to as a “four-month rolling schedule [Attachment 2],” which was an overview of activities that have been completed, are in process, and are on schedule for the upcoming two months. Tidying up has begun in preparation for the winter months, and installation of precast paneling has begun and should be completed in another two weeks or so. The roof should be on by mid-December, which will help keep energy costs down. They have been busy getting permanent power and gas permits pulled and getting the wires and transformer set. Chris Larkin, the on-site project manager for Kraus-Anderson, said that the City of Buffalo and Joe Steffel have been good to work with, and he expressed his appreciation for their time and cooperation during this operation.
The below-grade plumbing has been installed wherever the plumber can access the area, and he has been very helpful in moving around to different areas in order to not interrupt the operations of the wall installations. Masonry is being installed, starting with the structural walls. There will be burnished block in the office by the break rooms and in the back hall, with a measurement of three-and-a-half feet (3.5’) from the floor to the window ledge.
Looking ahead, precast walls and floor planks should be completed soon, with steel roof joists and deck completed by the end of the year. The overhead garage doors should be installed by mid-December, which will help with the heat in the building and will help save on the time and expense that a temporary poly barrier would cost. There was some discussion about the window panels that are proposed for the overhead doors in the fleet area. The overhead doors with three rows of windows come standard in a gray color but do not come with a guarantee that they meet the 20/SF wind rating that comes with other colors and a different supplier. They could go with another color and supplier with the wind rating, but then an upgrade would be necessary to change the color, and this would add about $9,000 to the project costs. Sawatzke asked whether having only one row of windows mattered since there would be indoor lighting, and Francois said that the extra windows bring in a lot of natural light which helps with the overall environment. One row is about two feet high versus three rows which are about six feet high. Hawkins expressed his preference for the three rows, and Francois added that Anoka went with full window doors on both the header and the base, and they have not failed, even though they were installed before the new specs came out. The current Wright County shop has only one row of windows. Cordell added that he felt more glass provides a better environment in which to work, and light will come into the building from both the east and the west. Potter said that he felt that fewer windows cause shadows that create a hardship in working areas. Francois said that the higher spec for overhead door wind rating is relatively new in the industry, and solid doors or those with one row of windows do meet the spec, and these most likely will also. He is confident that they will meet the spec, but because the requirement has recently changed, they have not been tested. Hawkins asked if the company would be willing to write a letter guaranteeing the strength, and Francois said that the company has told him that they feel confident but can’t stamp the approval without the actual test. He said that ideally, the decision should be made within a week or so. Sawatzke said that if Francois is comfortable with the doors, he’s okay with that decision. Lind said that this company has good products and does lots of overhead doors and has its own engineers. He’ll see if a letter of endorsement can be obtained. Sawatzke said that he doesn’t necessarily believe that stamped is better, as these door haven’t failed yet. In theory, three is weaker than one and five or six are weaker than three. Anoka has had their doors for five years, which present even more challenges because they have more window panels, but they haven’t had any problems with them. Lind said that he would try to follow up with a letter to the door company. Sawatzke said that since this is not a building code issue, he is fine with the recommendation. If the architects are fine with it, so is he. Lind said that he thinks they are safe, and the company has been in business for years. The consensus was to go with the overhead three panel door, which might even provide some energy savings due to the extra light that will come through the windows.
Looking ahead, work is being done to get the electric transformer hooked up so that permanent power will be available soon, along with gas service. The line has been run, but they still need the final connection on site that goes to the meter. They are working with the gas company to get this done in time for cold weather. Work will be done below grade, and the plumbing/mechanical will get roughed-in in the next couple months, with floor slab being poured in January. Work will be starting soon with the non-structural masonry walls in the office area and the breakrooms, and utility activity has been ramping down on the site work, with most of the utilities already installed. Haul roads on site will be maintained, and class 5 has been put down in prep for winter and spring access to keep things stable.
Several pictures of the construction progress were shown, and when asked about concerns for ground settling at the site, Larkin said that he didn’t think there would be a problem because the soils are good and not clay. Compaction tests all showed that this would not be a concern. Some trees at the Historical Society had to be moved and replanted, and Meyer said that he is taking steps to see that they are watered and well tended.
There is not much of an update to present regarding the budget. Numbers are still well under budget, which is good news for everyone. There are still a handful of items yet to bid out, and miscellaneous metals will get out in the next bid package. They will be getting competitive quotes for joint sealant and gates in the spring and are estimating $25,000 for the monument sign.
Hawkins said that they are working off the state contract for vehicle lifts, as well as hose reels, compressors, and a fluid system. He is hoping to purchase through the state vendor list, which will enable Wright County to get the vendor it wants. Brian Asleson, Wright County Chief Deputy Attorney, is checking that process to see what is allowed (for the lube system). They are still working with the original budget for parts, racking and storage, welding equipment, and a work bench, with no change orders at this time. A handful of changes are under review, and they will be working with the contractor to see if they are legitimate costs. The Owners Committee will need to approve any change orders over $5,000, and Hawkins has permission to approve anything up to that amount (if time sensitive). Anything over $5,000 will be brought to members of the committee for their review. Sawatzke said that all change orders should be presented to the Board, and Hawkins said that they would be once they are in writing. Sawatzke added that Hawkins was given authority to sign for items less than $5,000 in order not to hold up construction, but the Board would still like to see them. Francois said that there is currently a change order in the amount of approximately $8,000 to run the gas line to the generator, but they will first talk to the engineer to see if this is a reasonable price. This is a legitimate item, but there was a mistake by the mechanical engineer in not including this in the specs. Sawatzke commented that if the price was not reasonable, someone else could be hired to run this item. Potter said that when the amounts and items are coordinated, they can be presented to both Sawatzke and himself. He gave credit to Larkin and the design team in identifying this early on so that changes could be made before more expense is incurred.
Sawatzke said that he would like funds to be available from the bonding in order to do other things in the current building. Francois said that they should be in good shape to accomplish additional items. Hawkins asked if the design fees for the additional alternate had been approved (for HCM memo request dated 8/12/15), and Sawatzke said that he thought it was clear that the original fee was the final fee. Lind said that the additional fee was required for Alternate 1, because all the design work had been completed before Alternate 1 was bid, and they needed to backtrack with both the structural and mechanical redesign. Sawatzke said that he was of the impression that the number they talked about was the number and would not change. Hawkins said that this was in regard to the length of the project, not the scope. With alternate bids, there would be some additional design fees, and they are $11,708 for this portion of the redesign. Sawatzke asked if that was for the architectural and engineering fees (civil, structural, and mechanical) but no additional for construction management. Francois said that the 12-month time period should still be adequate and the construction management fees should remain set. Sawatzke said that they can’t charge more for taking longer, and Hawkins said that he thought additional redesign fees were valid. Sawatzke insisted that they had already agreed to the original amount. Francois explained that they could have taken one of two routes, to charge ahead of time for a fully designed building for an alternate even if it was not used, or to charge for redesign fees only if the alternate were accepted. Choosing the second method would save the County money if bids came in high and the County decided not to move ahead with an alternate. There was some discussion about the estimated bids and the percentage of construction management fees, and Lind said that the extra hours they submitted were based on the actual extra time that was spent on the redesign, which included a lot of extra work. The first document was done for the first phase, and then work was done after that for the extra vehicle storage area, which changed the scope of the project in both the size and dynamics. Sawatzke said that he understood that the fees wouldn’t change, and Lind said that the original plans were not detailed for Alternate 1. He feels that these charges are justified because the work was additional and was only required after Alternate 1 was accepted. Hawkins said that the original scope of work from the architects didn’t include preparing a separate set of plans and specs for an alternate bid, which was decided later. Hawkins said that this expense is over $5,000, so approval from the Board is needed, and Sawatzke said that he would not support it. He said that this had been a big decision and there had been previous discussion. He said that the architects could bring this to the Board if they want, and they might get three votes on it. There was further discussion about whether architectural fees for the alternate were to have been part of the original fee. Lind said that the original costs could have included the extra design fees for the alternate, but the first design was completed without the additional design fees. Potter said that this could be brought to the Board so that the other members would be aware of what was being discussed. Kelly added that perhaps the minutes of that meeting and subsequent meetings would clarify their understanding.
Francois asked if there were any questions on the schedule and what they were seeing at the site. Potter said that he applauded the communication between the different teams and said that everyone seems to be well informed. The contractors have been good to work with. Larkin commented that he tries to see that issues get addressed right away, and Hawkins said that he was impressed with the weekly meetings, and things seem to be organized. Sawatzke asked if the Owner’s Committee was going to meet on a regular basis, and Francois asked if a monthly update would be appropriate. Sawatzke indicated that he thought that this would be a good idea and asked that some dates be suggested so that they could be set up ahead of time. Hawkins agreed and asked if there were a preference for an Owners Committee or an Owners Committee of the Whole, and Sawatzke indicated that the former would be acceptable. He would prefer a monthly meeting. If additional change orders come up, extra meetings could be held. Sawatzke suggested that an emergency meeting could be held before a weekly County Board meeting if change orders over $5,000 arise and need immediate attention. Sawatzke suggested that a series of dates for regular meetings be presented to Kelly, and Francois could pick a certain week of each month. The first Thursday of the month at 10:30 a.m. was agreed upon. Larkin expressed his appreciation to the architects, the engineers, and the county staff for their responsiveness and cooperation. It has been a good relationship all the way around. Sawatzke said that despite the difference in opinion over the additional architectural fees, he likes the way the project is going.
Future meetings of the Owners Committee will be held at the present PWB rather than the construction trailer, and Larkin offered to give periodic tours to present the progress.
Hawkins asked about approving a change order without a Board meeting, if time sensitive, and indicated his willingness to call and discuss with Owners Committee members. Sawatzke said that he wants to document the change orders, requests and approvals, and that he would like them to be tracked. Francois said that this is his job and he is tracking them.
It was agreed that the first Thursday of the month would be scheduled for Owners Committee meetings, and they can be canceled if they are not deemed necessary. If certain issues need more immediate attention, a meeting can be set up before the next regularly scheduled one.
(End of 10-08-15 Owners Committee Of The Whole Minutes)
11-03-15 Personnel Committee Of The Whole Minutes
Daleiden moved to approve the 11-03-15 Personnel Committee Of The Whole Minutes and recommendations, seconded by Husom. Considerable discussion followed on the proposed Auditor/Treasurer salary (proposal of a 4% increase in 2016 to $122,480). Sawatzke commended the elected officials for their job performance. However, he thought the proposed Auditor/Treasurer’s salary was high compared to the salaries of Auditor/Treasurers of neighboring historical comparison counties (Benton, Carver, McLeod, Meeker, Sherburne, and Stearns). He also felt Wright County would have an internal pay equity anomaly in that we would be the only one of our comparison counties that pays our Auditor/Treasurer more than our Highway Engineer, Administrator/Coordinator and/or Human Services Director. This despite the fact that these non-elected positions all have larger department budgets than the Auditor/Treasurer and have at least as many or substantially more employees to supervise.
Daleiden said that although the Auditor/Treasurer’s budget may be lower than that of the other three positions in Wright County, the position is responsible for auditing the County’s budget as a whole.
Sawatzke said he is not challenging the efforts of the Auditor/Treasurer. Potter said the Auditor/Treasurer position is elected where the appointed positions have set salary scales. Borrell thought Sawatzke made valid points but said the proposed percentage increase is the same as the Sheriff and Attorney. The motion to approve the Personnel Committee Of The Whole Minutes carried 4-1 with Sawatzke casting the nay vote.
The 11-03-15 Personnel Committee Minutes follow:
Lee Kelly, County Coordinator, said the Board must meet annually to set the salaries for elected officials per Statutes 388.18 and 387.20. He stated the Board should take into consideration duties, experience, qualifications, and performance when setting salaries and should not make decisions relative to salary or budget that are arbitrary or capricious. L. Kelly referred to a document that included salary data for comparable elected official positions from six adjacent counties in 2015 (see attached).
A. Bob Hiivala, Auditor/Treasurer
Hiivala presented a survey by the Metropolitan Inter-County Association (MICA) of comparable positions in other counties. His wages are below the average listed for 2015. He asked for a 4.75 percent increase to bring him to a wage comparable to his peers of $123,364.
There was discussion regarding whether the counties in the MICA study were comparable to Wright County. The consensus was that Hiivala does a good job. Further discussion ensued regarding the percentage amount of increase that would be equitable.
Recommendation: Authorize an increase of four percent in total compensation for the Auditor/Treasurer in the amount of $122,480 for 2016.
B. Tom Kelly, County Attorney
T. Kelly distributed a handout entitled, “Sec. 388.18 County Attorney Compensation” (see attached). He said he spent more than 100 hours after business hours in the last year working on two grand jury cases. He has 32 years of experience, and feels that he should earn wages comparable to other County Attorneys in adjacent areas who have less experience and earn more. T. Kelly requested a four percent increase.
Husom commended him for his hard work on behalf of the County.
Recommendation: Authorize an increase of four percent in total compensation for the County Attorney in the amount of $137,493 for 2016.
11-03-15 Personnel Committee Of The Whole Minutes
C. Joe Hagerty, Sheriff
After discussion, the Committee agreed to a four percent increase. Sawatzke complimented Hagerty on his hard work.
Recommendation: Authorize an increase of four percent in total compensation for the Sheriff in the amount of $124,038 for 2016.
(End of 11-03-15 Personnel Committee Of The Whole Minutes)
Daleiden moved to authorize attendance, seconded by Husom, carried 5-0. The meeting will be held at the Wright Hennepin Cooperative Office in Rockford.
Sawatzke moved to approve the Policy which allows for closing the County offices at 12:00 P.M. on Christmas Eve. Employees are allowed to work or take the afternoon off using vacation, floating holiday, compensatory time or time without pay. Flexible scheduling is not an option that can be used for time off on Christmas Eve. The motion was seconded by Husom and carried 5-0.
Sawatzke moved to establish that the Agendas of the two meetings include claims, time sensitive items, and consent agenda items. Any items beyond that will be at the discretion of the County Coordinator. The motion was seconded by Husom and carried 5-0.
Husom moved to schedule the meeting as recommended, seconded by Daleiden, carried 5-0.
1. Buffalo Safe Schools. Husom attended a meeting on 11-04-15. The Bounce Back Project has 2,784 participants (52%-Buffalo, 11%-Monticello, remainder-other communities). Of that, 17% are students. The success of the wRight Choice Program was discussed. Last year, there were 252 students in the program with 98% completion. It is viewed as a great program to teach better behaviors and skills.
2. Bertram Chain of Lakes Meeting. Sawatzke attended a meeting on 11-06-15. Phase 2 of the Natural Playground is being planned. Bertram is being viewed as a potential location for a future Triathlon.
3. MN Transportation Alliance Annual Meeting. Potter attended a meeting last week in Cannon Falls where an update was provided on Federal transportation funding. More information was provided at a township meeting last evening. Other topics of discussion included the potential funding for I-94 and TH 55 associated with the State surplus, metro bus, light rail, and the Transportation Advocate Award presented to John Stahl.
4. Cokato Lake Campgrounds. Borrell said the SWCD is completing a project to the south of the Campground to address flooding and erosion issues. Approximately ten retention structures have been constructed to hold water on the property longer.
5. Borrell voiced concern with the handling of a matter by the SWCD. In involves a small wetland (appx. 5,000 sq. ft.) on a property in Potter’s District. The constituent conveyed to Borrell that the SWCD contacted and involved the Army Corp of Engineers. The constituent also indicated that they personally incurred extra Attorney costs because of the tardiness of the SWCD to the meeting. Borrell said the County Board has the statutory authority to enforce wetland laws, which has been delegated to the SWCD. Discussion followed on the EPA and Army Corp as it relates to the Waters of the U.S. Thirteen states filed lawsuits against this effort and an injunction followed. A judge would like to make this ruling nationwide.
Bills Approved
3 D Specialties Inc $29,039.00
AGC Networks Inc 18,066.37
All State Communications Inc 6,867.00
American Probation & Parole 300.00
AMI Imaging Systems Inc 2,075.00
Annandale Rock Products 887.83
Anoka County Fiscal Services 717.00
APEC Industrial Sales & Services 805.59
Aramark Services Inc 15,221.66
Astech 958,376.20
Black Box Resale Services 1,742.00
Bob Barker Company Inc 715.00
Bob Kilian Electric Co 400.00
Bonk Masonry Inc/Gary 1,500.00
Boyer Truck Parts 126.13
Brock White Co LLC 1,332.00
Buffalo/City of 78,290.88
Busch/Ryan 210.50
CDW Government Inc 3,486.35
Cedar Lake Conservation Club 472.25
Centra Sota Coop - Buffalo 3,818.80
Chamberlain Oil Co 1,619.01
Chatham Township 973.00
Clearwater/City of 1,225.90
Climate Air 2,011.79
CNH Ind. Capital Productivity Plus 437.43
Compass Minerals America Inc 1,938.43
Core Professional Services 800.00
Cottens Inc 1,923.74
Creative Forms & Concepts 1,141.68
Crop Production Services Inc 536.02
Culligan of Buffalo 100.00
Dell Marketing LP 1,462.39
Deringer/Sean 160.49
Design Elect. Inc-Cold Spring 3,762.85
Evident Crime Scene Products 157.25
Exceptional Outdoor Services 494.00
Experian 1,290.00
Fastenal Company 235.35
Gabriel/Cathleen 200.00
Glunz Construction Septic Service 130.00
Grainger 292.61
Green Interiors 450.00
Greenview Inc 6,012.19
Hillyard Inc - Minneapolis 1,791.11
Holiday 12,951.66
Holiday Companies 562.50
Howard Lake/City of 957.80
IDC Automatic 251.50
Ingleside Engineering & Constr. 15,288.00
Justice Benefits Inc 2,579.72
Keeprs Inc 1,741.99
L3 Communications Inc 3,401.00
Laplant Demo Inc 550.83
Liman Post & Beam 81,750.00
Loberg Electric 1,156.07
Lynn Peavey Company 755.40
Maple Lake Lumber Company 111.76
Maple Lake Township 804.80
Maple Lake/City of 890.40
Marco 106.49
Marco Inc 1,311.55
Menards - Buffalo 100.56
Mend Correctional Care LLC 21,829.33
Mid-Minnesota Hot Mix Inc 2,531.20
Miller/Nathan 309.50
MN Dept. of Labor & Industry 1,076.00
MN Sheriffs Association 150.00
Morries Parts & Service Group 1,673.76
MSC Industrial Supply Co 674.33
Northern Safety Technology 1,695.68
Office Depot 1,021.74
Omann Brothers Inc 2,500.26
Potter/Michael J 345.50
Powerplan OIB 1,818.81
Ramacciotti/Frank 200.00
RCM Specialties Inc 1,824.00
Reds Cafe 150.00
Rockford Township 945.00
Royal Tire Inc 1,254.00
RTVision Inc 7,369.00
Running’s Supply Inc 166.87
Russell Security Resource Inc 950.05
Sherwin Williams Co 272.00
SHI International Corp 4,995.00
South Haven/City of 402.40
Southside Township 748.20
Sprint 2,988.12
St Michael/City of 6,758.80
Streichers 5,792.50
Suburban Tire Wholesale Inc 1,014.40
TAPCO 3,180.00
Thrifty White Pharmacy 1,516.68
Traffic Marking Service Inc 64,129.81
Trueman Welters Inc. 1,519.36
Vang/Kelly 250.00
Victor Township 552.40
Walmart Community RFCS LLC 889.13
Waste Management of WI-MN 1,147.46
Waste ManagementTC West 587.18
Waverly/City of 810.20
Webb/Janelle 175.43
Wm Mueller and Sons Inc 174.58
Woodford/Michael 103.00
Wright County Highway Dept 201.15
Xcel Energy 475.74
Zixcorp 595.00
Zuercher Technologies LLC 78,573.10
30 Payments less than $100 1,596.37
Final total $1,506,799.87
The meeting adjourned at 10:28 a.m.
Published in the Herald Journal Nov. 30, 2015.