Wright County Board Minutes

WRIGHT COUNTY BOARD MINUTES
NOVEMBER 14, 2017
The Wright County Board met in regular session at 9:00 A.M. with Husom, Vetsch, Daleiden, Potter and Borrell present.
11-07-17 COUNTY BOARD MINUTES
Husom moved to approve the minutes, seconded by Daleiden. The motion carried 5-0.
AGENDA
Petitions were accepted to the Agenda as follows: Consent Item E2, “Schedule Closed Session For Presentation By Outside Attorney Firm On Joining Litigation Against Opioid Distributors” (Asleson). Vetsch moved to approve the Agenda as amended. Daleiden seconded the motion and it carried 5-0.
CONSENT AGENDA
Daleiden requested removal of Consent Item D1 for discussion, “Set The 12-26-17 County Board Meeting To Be A ‘Claims Only’ Meeting.” Daleiden moved to approve the remainder of the Consent Agenda, seconded by Vetsch. The motion carried 5-0:
A. ADMINISTRATION
1. Approve Memorandum Of Agreement (MOA) Between AFSCME Council 65 & Wright County RE: Compensation For Social Workers Assigned To Weekly On-Call Responsibilities
B. ADMINISTRATION
1. Approve Memorandum Of Agreement With AFSCME (Human Services) Council 65 For The County Contributions For The 2018 Health Insurance Plans
C. ADMINISTRATION
1. Schedule Fees For Service Public Hearing For 12-12-17 @ 9:30 A.M.
E. AUDITOR/TREASURER
1. Acknowledge Warrants Issued Between November 1, 2017 And November 6, 2017.
2. Approve Renewal Of 2018 Tobacco Licenses For (See List In Background/Justification):
A. City Of Clearwater: Holiday Stationstores, Inc. DBA Holiday Stationstore #254;
B. City Of Cokato: DG Retail LLC DBA Dollar General Store #10460;
C. City Of Delano: Holiday Stationstores, Inc. DBA Holiday Stationstore #214;
D. City Of Maple Lake: DHT, LLC; DG Retail LLC DBA Dollar General Store #15392;
E. City Of Monticello: Holiday Stationstores, Inc. DBA Holiday Stationstore #196; Holiday Stationstores Inc. DBA Holiday Stationstore #344; Monticello Smoke Shop, Inc. DBA Monti Smoke Shop;
F: City Of Montrose: DG Retail LLC DBA Dollar General #16105;
G: City Of Otsego: Holiday/Otsego LLC DBA Holiday Stationstore #378;
H: City Of Rockford: DG Retail LLC DBA Dollar General Store #18158;
I: City Of South Haven: South Haven Sports LLC;
J. City Of St. Michael: Holiday Stationstores, Inc. DBA Holiday Stationstore #394.
Discussion followed on Consent Item D, Administration, “Set The 12-26-17 County Board Meeting To Be A ‘Claims Only’ Meeting.” Daleiden inquired whether the meeting could be cancelled and approve the claims at the first meeting in January. The claims approval is a formality as the claims have already been paid. Lee Kelly, County Coordinator, said that making the meeting a “claims only” meeting is done to avoid placing controversial items on the last meeting of the year. He added that the meeting will need to be held as the Auditor/Treasurer will be opening bids for the official newspaper that day. Daleiden moved to approve Consent Item D, seconded by Vetsch. The motion carried 5-0.
TIMED AGENDA ITEMS
GREG PICKARD, VETERAN SERVICES OFFICER
Accept $2500 donation from Disabled American Veterans (DAV) Chapter 37
Pickard said the DAV Chapter 37 provides donations to other counties annually. This donation is being expanded to include Wright County because of the services being provided in the southeast corner of the County. The funds can be used with no restrictions but examples could include appointment transportation costs, food baskets, clothing, or other types of support to help a veteran or their family. Potter moved to accept the $2500 donation from DAV Chapter 37, seconded by Husom. The Board requested a letter of appreciation be sent. The motion carried 5-0.
BOB HIIVALA, AUDITOR/TREASURER
Approve A Transfer From The General Fund To The Capital Projects Fund In The Amount Of $1,900,000
Hiivala presented a request for a transfer from the General Fund to the Capital Projects Fund in the amount of $1,900,000, as discussed during the budget process. The transfer will be allocated to the Capital Projects Fund as follows: $950,000 to CIP Technology Fund (34-150) and $950,000 to CIP/Stabilization Fund (34-150) for Facility and Park Projects. Daleiden moved to approve the transfer, seconded by Vetsch. The motion carried 5-0.
Approve Repurchase Resolution For PID # 215-035-000153 (Rockford Township)
Brian Asleson, Chief Deputy Attorney, said the repurchase involves 1/100ths interest on a lake access lot located on the southeast side of Lake Charlotte, as part of Lot 15 in the Oak Ridge View Subdivision. The former property owner will re-purchase and re-deed it to the new property owner. The $294.34 in fees have been deposited with the Auditor/Treasurer.
Potter moved to adopt Resolution #17-54 approving the repurchase of 1/100’ths interest in Lot 15, Oak Ridge View, PID #215-035-000153 (Rockford Township) by Dale C. and Kimberly A. Muhonen. Approval includes the caveat that the Auditor’s Office review to see whether all property owners with interest in Lot 15 can have that interest tied to their main parcel. The motion was seconded by Daleiden and carried 5-0 on a roll call vote.
Approve Contract Addendum With OpenGov For Dashboards
The modified addendum allows Wright County to move forward with the Dashboard module and hold off on the addendum to automatic interfacing. This will allow the Technology Committee additional time to vet that option. Hiivala explained this is a two-year contract that would need to be fulfilled; there is not an option to terminate prior to two years.
Vetsch moved to approve the Contract Addendum with OpenGov for Dashboards. The motion was seconded by Husom and carried 5-0. Hiivala will sign the Contract Addendum on behalf of the County, The funding source is Professional Services.
Approve Transfer Of Tobacco License For DHT, LLC (Formerly Roger’s BP-Amoco) In The City Of Maple Lake
On a motion by Vetsch, second by Daleiden, all voted to approve the transfer of the license.
Approve October Revenue/Expenditure Budget Report
Hiivala provided a handout reflecting the revenues and expenditures from budget to actual. Outside of revenues such as boarding of prisoners, there is nothing to call attention to. Daleiden questioned figures reflected on pages 55 and 57 of the Report for Road & Bridge. Hiivala will research and provide a response. Daleiden moved to approve the October Revenue/Expenditure Report and directed Hiivala to make sure the Report is correct prior to it being posted on the County’s website. The motion was seconded by Husom and carried 5-0.
Approve Contract With Paymentus For Credit Card Acceptance
Hiivala said Paymentus has been selected as the provider for credit card acceptance for the County. He requested approval of the five-year Contract. Vetsch questioned whether action should be taken prior to the 11-15-17 Committee Of The Whole Meeting (COTW) where this is being discussed. Hiivala said the Board tasked him with vetting the proper credit card company. The COTW Meeting will be to discuss the policy. A flat 2.35% per transaction fee will apply. Purchases under $42 will incur a $1 fee. Hiivala will work with Paymentus on reducing the number of transactions required for high dollar payments. Daleiden noted that the Contract is for five years followed by auto renewal in three-year increments. A request to opt out must be in writing and six months prior to Contract expiration.
Daleiden moved to approve the Contract with Paymentus for credit card acceptance. The motion was seconded by Vetsch and carried 5-0. Hiivala was authorized to sign the Contract once the terms are acceptable.
VIRGIL HAWKINS, HIGHWAY ENGINEER
Adopt a Resolution for Annandale LRIP (Local Road Improvement Project)
Hawkins said the State has designated $25 million in funding for local road projects for counties, cities under 5,000 population, and townships with a county sponsor.
If received, funding will be used to make improvements to the City of Annandale side streets in conjunction with MnDOT’s TH24 Project in 2019. Hawkins understands that applications totaling $105 million have been submitted thus far for the $25 million available.
Daleiden moved to adopt Resolution #17-55 in support of the Annandale LRIP application. The motion was seconded by Potter and carried 5-0 on a roll call vote.
Adopt a Resolution for CSAH 18 LRIP
If received, funding will be applied to the CSAH 18 Improvement Project in 2018. Application has been made for the minimum $750,000 allowed.
Potter moved to adopt Resolution #17-56 in support of the CSAH 18 LRIP application. The motion was seconded by Husom and carried 5-0 on a roll call vote.
Adopt a Resolution for Clearwater/Silver Creek Township LRIP
If received, funding will be used to make improvements to the joint township road, 150th St. NW. The joint application is requesting approximately $500,000.
Vetsch moved to adopt Resolution #17-57 in support of the Clearwater/Silver Creek Township LRIP application. The motion was seconded by Potter and carried 5-0 on a roll call vote.
Approve CSAH 38 Right of Way Plat
Construction of CSAH 38 from O’Dean Ave. NE to 0.3 miles west of TH 101 is scheduled for the 2018 construction season. Right-of-Way acquisition is required. On a motion by Husom, second by Potter, all voted to approve the CSAH 38 Right-of-Way Plat.
Approve MnDOT Agreement for Fed Fund Exchange
The Agreement, for exchange of Federal Funds for State Aid Funds, is a streamlining initiative by MnDOT that provides greater efficiencies for administering federal funds. The Agreement allows Wright County to receive an additional $602,442 of Federal funds from Benton County for the CSAH 38 Federal Project (SP 086-638-006) in exchange for $602,442 of State Aid Regular funds from Wright County to Benton County.
Daleiden moved to adopt Resolution #17-58 approving Agency Agreement No. 1029593 with MnDOT for exchange of Federal funds for State Aid funds between Wright and Benton Counties. The motion was seconded by Potter and carried 5-0 on a roll call vote.
Approve MnDOT Agreement Clearwater Signal
The Agreement is for payment of Wright County’s share of the new traffic signal at the intersection of TH 24 and CSAH 75 in Clearwater.
Daleiden moved to adopt Resolution #17-59 approving Agreement No. 1029572 with MnDOT for the new signal at TH 24 & CSAH 75 in Clearwater SP 7108 – 24 (TH 24=240). The motion was seconded by Potter and carried 5-0 on a roll call vote.
PROPOSED AMENDMENTS TO THE WRIGHT COUNTY TOBACCO ORDINANCE - CHAPTER 110 OF THE WRIGHT COUNTY CODE
Brian Asleson, Chief Deputy Attorney, presented proposed amendments to the Wright County Tobacco Ordinance. A 30-day notice to licensed tobacco retailers was required per Statute.
The amendments to Chapter 110 of the Wright County Code, approved at this meeting, are mainly procedural in nature. The ordinance now allows for seasonal licenses, along with prorated license fees. Also, a grace period for renewals was eliminated, and violation of state or federal laws regulating tobacco was added as a ground for suspension or revocation of a license.
Husom moved to adopt Ordinance Amendment 17-3 approving amendments to the Wright County Tobacco Ordinance, Chapter 110 of the Wright County Code, as presented. The motion was seconded by Daleiden and carried 5-0.
BRIAN ASLESON, CHIEF DEPUTY ATTORNEY
Consider Establishing A Maple Lake Improvement District
The County Board held a Public Hearing on 10-23-17 to hear testimony on whether to create a Maple Lake Improvement District. At the close of the Public Hearing, the Board laid the matter over to this meeting. Asleson presented a Draft Order for establishment of the Maple Lake LID.
Asleson said the draft incorporates statute requirements. One of these includes the County Board naming the first Board of Directors for the LID. Those named will serve until the first annual meeting which will be held in July or August of 2018. The County Board also gives certain powers to the LID. Asleson said he incorporated into the Order the same powers that the County Board has given in the past to already established LID’s.
Daleiden asked whether those who serve on the LID Board can also serve on the Lake Association Board. Asleson is unaware of any restriction by law preventing serving on both. He referenced comments made at the 10-23-17 Public Hearing by Tom Larson, a member of the Lake Charlotte LID, indicating they have found it better to have separate members for each. Daleiden asked whether the LID must be approved by the DNR. Asleson stated there is no final approval by the State. Notice is sent to the Commissioner of Natural Resources, the MPCA, and the Secretary of State. Vetsch questioned the process for applicants to the LID Board. Asleson said statute does not address this. With the Lake Somers LID, which was the most recent, the County Board adopted the slate of directors willing to serve. By adopting the proposed Order for the Maple Lake LID, the County Board would be appointing those listed as the initial directors, effective 1-01-18. A period of 30 days must be given prior to that time to allow for a reverse referendum. Husom stated that when the LID holds their first annual meeting, an election will be held for Board members. Asleson said statute reflects the first LID meeting should be held in July or August. The LID can then elect to set a different date at their annual meeting or at any subsequent meeting. Vetsch wanted the record to reflect that those appointed will serve 9 months and then an election will be held for the LID Board members. He referenced Article 6, Item C of the Order which reflects financing of the District by service charge. If an ad valorem tax is desired, that would be a different process. Asleson said he learned the desire is to divide the budget up equally amongst members. If an ad valorem tax is requested, that would require future action.
Vetsch moved to adopt Resolution #17-60, adopting the Order establishing a Maple Lake Improvement District. The motion was seconded by Daleiden and carried 5-0 on a roll call vote.
SCHEDULE CLOSED SESSION FOR PRESENTATION BY OUTSIDE ATTORNEY FIRM ON JOINING LITIGATION AGAINST OPIOID DISTRIBUTORS
Asleson stated he and County Attorney Tom Kelly participated in a conference call with fifteen other county attorney offices on this topic. The conference call was organized by the County Attorney’s Organization. Prior to that, they had been contacted by and had dialogue with law firms, trying to determine whether this is something Wright County should participate in. Cases are being filed individually; they are not class action suits but are similar. There is a motion hearing on the east coast at the end of November to determine whether to make a multi-district litigation. This means even though filing would be in different states in Federal court, the filings would be combined for a hearing with 1-2 judges possibly elsewhere.
Asleson said the proposals received thus far have been on contingent litigation (the County would not have to expend dollars and would not pay legal fees unless damages are recovered). The upfront costs for airfare for attorneys for depositions, attorney’s fees, etc. would be taken from costs of recovery. Asleson and T. Kelly are suggesting a presentation by a local attorney firm that has been associated with other firms nationwide.
Borrell voiced concern and thought the idea should be dismissed. Asleson said the County would not be obligated in any way. Both he and T. Kelly have thought about the impact on the County which at this point is an unknown. He referenced programs in child protection, where children have been placed in foster care because of parents using opioids. There have been deaths associated with opioid use but he does not have the data from the Medical Examiner.
Asleson stated the intent would be to explore this further and allow for the presentation to the County Board. Borrell does not feel this is needed and it would set precedence. He made a comparison to an alcohol manufacturer being responsible for the use of the product. Daleiden and Husom conveyed this should be explored.
Vetsch made a motion to schedule a Committee Of The Whole, Closed Session, on 11-28-17 at 10:30 A.M. to discuss possible litigation for opioids. The motion was seconded by Daleiden. Borrell said he will not support the motion. Asleson stated that he and Kelly have some of the same questions Borrell has. At this point, more information is needed and that is why they are suggesting the presentation. The motion carried 4-1 with Borrell casting the nay vote.
ITEMS FOR CONSIDERATION
DESIGNATE VOTING DELEGATE & ALTERNATE, MCIT ANNUAL MEETING, 12-04-17 @ 4:00 P.M.
Kelly said the MCIT Annual Meeting is held during the AMC Conference in December. In past years, the Board has delegated Kelly as the voting delegate and Potter as the alternate.
Daleiden moved to designate Kelly as voting delegate and Potter as alternate for the MCIT Annual Meeting. The motion was seconded by Husom and carried 5-0.
RIVER RIDER IRS NOTIFICATION
Kelly stated Wright County received notice from Sherburne County that River Rider’s IRS forms for quarterly taxes were submitted incorrectly for the 3rd quarter of 2014, resulting in an underpayment of taxes. Sherburne County determined that $19,173.30 is owed by River Rider and has made payment to the IRS. Since the dissolution agreement split of the assets and liabilities was 2/3 Wright County and 1/3 Sherburne County, Sherburne County has requested reimbursement of $12,769.42 (2/3 of the total). There may be additional penalties and interest due the IRS.
Potter moved to reimburse Sherburne County in the amount of $12,769.42 to be paid from Budget 100, seconded by Husom. Borrell referenced the funds Wright County held from the dissolution of River Rider to cover such things, which was recently given to WCAT (Wright County Area Transit). He suggested requesting some of those funds back. Vetsch suggested lowering the $100,000 earmarked in 2018 for WCAT by this amount. He believes WCAT would support this due to unforeseen circumstances. Potter and Vetsch plan to attend the next WCAT meeting and will explain the situation at that time. A recommendation will then be brought back to the County Board on how to proceed. The motion carried 5-0.
ADVISORY COMMITTEE / ADVISORY BOARD UPDATES
1. Potter participated in the following meetings: Union Negotiations, Transportation Alliance Annual Meeting, I-94 Listening Session, and Greater MSP Annual Meeting.
2. Wright County Adult Drug Court Program. Husom commended the Program which celebrated their 1-year anniversary on 11-03-17. Fifteen Wright County residents were served. It is a cost-effective program as those residents are not continually coming back through the system. Drug Court is held on Thursday afternoons at 1:30 P.M. in Courtroom 1.
3. SWCD. Borrell attended a meeting on 11-13-17. A tour will be scheduled (possibly in June) to look at the various projects.
4. Open Gov. Daleiden attended a session on 11-09-17 with other County staff to learn more about what Open Gov has to offer.
5. Parks Board. Daleiden attended a meeting on 11-13-17. He encouraged people to look at the Parks website which includes a number of various winter activities to participate in.
6. Central MN Mental Health. Vetsch said the last finance committee meeting was held on 10-30-17 where the budget was approved for 2018. There will be a meet and greet session with new Board members on 11-27-17. The transition is being made to more private citizen representation on the Board. Additional interviews are being held for open positions on the Board. Daleiden requested that Kelly confirm that funds for Central MN Mental Health are not included in the draft 2018 budget.
The meeting adjourned at 10:16 A.M.
Published in the Herald Journal Dec. 1, 2017.