Wright County Board Minutes

FEBRUARY 9, 1999

The Wright County Board met in regular session at 9:00 A.M. with Mattson, Eichelberg, Sawatzke and Russek present. Commissioner Jude was absent.

A correction was made to the minutes of 2-02-99: page 2, 2nd paragraph, 1st sentence should read, "Russek moved to authorize attendance at the "Growth Knows No Boundaries" Seminar on 2-17-99 at the Earl Brown Center." Motion was made by Russek to approve the minutes as corrected, seconded by Eichelberg, carried unanimously.

Petitions were accepted to the Agenda as follows: Consent Agenda Item A5, "Accept Resignation, Clinette Pomerleau, Calendar Coordinator, Ct. Admin., Eff. 2-19-99 & Auth. Replacement of Position" (Norman); Aud./Treas. Item #2, "Establish Petty Cash Fund, Registrar Dept." (Gruber). Item For Consid. #6, "County Ditch #20" was moved to Aud./Treas. Item #3 (Russek). Tom Kelly, County Attorney, requested that a Closed Session of the County Board be held immediately following today's County Board meeting to discuss pending litigation. Mattson moved to approve the Agenda as amended, seconded by Russek, carried 4-0.

On a motion by Mattson, second by Eichelberg, all voted to approve the Consent Agenda as amended:

A. ADMINISTRATION

1. Performance Appraisals: R. Miller, Hwy.; A. Gilmer, MIS; M. Rhodes, Sheriff.

2. Refer Personnel Representative Staffing To The Personnel Committee.

3. O/T Report, Period Ending 1-22-99.

4. Refer Discussion RE: Aggregate Material Tax To Ways and Means Committee.

5. Accept Resignation, Clinette Pomerleau, Calendar Coordinator, Ct. Admin., Eff. 2-19-99 & Auth. Replacement of Position.

B. AUDITOR/TREASURER

1. Approve Tobacco License, Holiday Stationstore, City of Monticello.

2. Claim, Citi-Cargo & Storage, (Fund 34 PWB), $90.53.

3. Claim, Facility Systems Inc., (Fund 34 HSC), $336.00.

C. COURT SERVICES

1. Authorize Signature, Contract With Caritas Family Services For Custody Study Services With Wright County, $79,965.00.

Doug Gruber, Aud./Treas., said the cash register in the License Center requires replacement. The issue was researched with the MIS Department and the recommendation is to purchase two new cash registers, eliminating the necessity of cash drawers. At Gruber's request, Russek moved to adopt Resolution #99-08 authorizing the License Center to add an additional cash register to better serve the public and to increase the change fund for the License Center from $350.00 to $700.00 to accommodate general daily business transactions. The motion was seconded by Mattson and carried 4-0 on a roll call vote.

Due to Commissioner Jude's absence, Russek moved to lay the County Ditch #20 item over to the next County Board meeting. Motion carried 4-0 on a second by Eichelberg.

The claims listing was reviewed. Gruber referenced the claim on page 3 to MN Transportation Alliance ($150.00) and said that it incorrectly reflects Dept. 055 (Assessor) and will be changed to Dept. 005 (County Board). Mattson referenced claims to the City of Buffalo, page 5 ($23,913.99) and page 15 ($768.13). Norman responded that the claim on page 5 includes utilities for the Courthouse, Annex, Jail and Human Services Center, and the claim on page 15 is for utilities for the Public Works site. Mattson questioned a claim to the City of Buffalo on page 14 ($4,581.20) for manhole adjustments made on CSAH 12. He felt that the Wright County Highway Department could complete this work. Fingalson will be contacted in this regard. Russek referenced claims on page 7, Jones Intercable ($1,000.00) and page 9, Wright Hennepin Electric ($1,500.00) and whether the charges were annual fees. Norman responded that he felt they were. Russek moved to approve the claims as listed in the abstract, subject to audit. Motion carried 4-0 on a second by Mattson.

Bill Weldele met with the Board regarding the Pelican Lake Public Access. Weldele thought there should be no parking on CSAH 15. It was clarified that no parking signs have been installed in the vicinity of the landing. Weldele felt placing additional signs would be a waste of taxpayer funds and suggested that fill be placed in the landing area for parking. Sawatzke clarified that it is legal for people to park in areas that are not signed. In response to the suggestion of placing fill in the landing area, Russek said that laws imposed by WACA are hard to overcome. Don Schmidt, Buffalo Township Supervisor, said there were two issues at hand, one being parking and the other the high water problem in Pelican Lake. He felt that at some point the County should provide some input or leadership in this regard. Mattson referenced the DNR purchase of additional land for parking at Twin Lakes in French Lake Township. Schmidt responded that he sits on the Board of Adjustment and that there was much opposition due to the feeling there may be increased boat traffic. Schmidt felt the purchase was positive as it removed the vehicles from the road. The County Board minutes of 7-28-98 and 8-11-98 were referenced. Weldele had met with the Board on these two occasions with the same complaint registered today. The minutes reflect that the area was reviewed by the County Highway Engineer who felt the County had done all they could by placing no parking signs along the road. The 8-11-98 minutes reflect that Rose was to have Bruce Thielen, DNR, contact Weldele regarding the possible purchase of land for additional parking. Weldele said Thielen had been in contact with him but that he and others will not sell any land to the DNR for parking until the water level of Pelican Lake is lowered. Russek responded that the County does not have any statutory authority over the lowering of the lake level as there are no County Ditches which run into the lake. A new ditch cannot be created due to WACA law. Mattson moved to have this area included as part of the Spring road tour to discuss potential ways to remedy the situation. Motion carried 4-0 on a second by Russek.

Brian Asleson, Assistant County Attorney, referenced correspondence mailed to the Board Chair in regard to Civil Trespass Citations and the Administrative Law Judge's (ALJ) recommendations. In 1997, the State Legislature passed a law which allowed conservation officers to site individuals trespassing on private property (civil citations) which imposes a $50 penalty. Under the law, those cited have the opportunity to request an appeal. The cases are heard by an Administrative Law Judge who makes a recommendation to the final decision making body. In the cases being reviewed today, the County Board is that body as the citations were written by Wright County Deputy Sheriffs and include appeals by the cited parties. Mattson questioned the reasoning behind the County Board being involved. Asleson responded that there are instances where elected or appointed boards serve in this capacity, similar to the MPCA Citizens Board.

The first citation reviewed was that served upon Jeffrey Dennis Timm and Jayme Christopher Timm. The Deputy Sheriff issued citations on 10-18-98 for trespassing on the Richard Parris land while riding ATV vehicles. The ALJ's recommendation is for the County Board to uphold Deputy Lang's determination that the Appellants were trespassing in violation of MN Statutes 97B.001 and that the Civil Penalty be imposed in accordance with MN Statutes 97B.002, subd. 2 (1). At today's meeting, Jeffrey Timm spoke on behalf of himself and Jayme Timm. He explained that they were riding ATVs on the adjoining property. As they were unfamiliar with the area, they followed the trail and ended up on the Parris property by mistake. Timm indicated there were no signs posted at the point of entry. He referenced the ALJ hearing minutes which state that Parris was repairing signs and fences the date of the occurrence. Timm felt that possibly Parris had not made the repairs to the area where they entered the property. Russek responded that the minutes of the hearing reflect that the property was posted as per MN Statutes. Timm pointed out that the Deputy who issued the citation responded to a complaint by Parris and did not verify whether the area was posted.

Denny Timm, father of Jeffrey and Jayme Timm, relayed his efforts to teach his sons to responsibly ride ATVs. He said that Jeffrey and Jayme spoke with Parris on 10-18-98 and informed him that they did not know they were trespassing. Asleson clarified that the Deputy did not witness the act and the citation was written based upon what the landowner said. State Statute says that one sign must be posted and that persons may not enter the land without first obtaining permission. Asleson said it is possible that the Timms entered the land where it was not posted and that the ALJ does not address that. Mattson stated he would go with the request of the Timm family to dismiss the citation due to the information the Timms provided today and also due to the fact that the Deputy did not review whether the site was posted at the point of entry. Sawatzke said that the County Board is taking the word of the Deputy Sheriff that the site was properly posted. Sawatzke felt Bauerlys (property owners adjoining Parris property) had the responsibility to inform guests of what the boundaries were on their property. Sawatzke also referenced past problems Parris has had with postings being removed and broken fences. Timm said the hearing minutes reflect that signs have been taken down previously at this location. Russek stated he supported the ALJ's recommendation as he felt the Timms should have been aware of the boundaries of the properties. Eichelberg stated that he would vote in favor of the ALJ's recommendation as he did not want to set precedence. Russek moved to uphold the ALJ's recommendation to uphold Deputy Sheriff Daniel Lang's determination that the Appellants were Trespassing in Violation of MN Statutes 97B.001, and further that the Civil Penalty be imposed in accordance with MN Statutes 97B.002, subd. 2 (1). Eichelberg seconded the motion and it carried 3-1 with Mattson casting the nay vote.

Asleson said the other matter before the County Board was the matter involving the Appeal of the Trespass Citation issued to Anthony Cyril Lemire and Eric James Schrom for a trespass citation issued by a Wright County Deputy on 10-2-98 on the property of Larry Sohns. The ALJ minutes reflect that Lemire and Schrom had entered the property to obtain permission to hunt the next day, not knowing that the property was abandoned. The ALJ found that the property was not posted. Eichelberg moved to uphold the ALJ's recommendation to find that the Appellants were not Trespassing in Violation of MN Statutes 97B.001, and further recommended that the Civil Trespass Citations issued to each of the Appellants be dismissed. Motion carried 4-0 on a second by Russek.

Diane Bublitz, Executive Director, Central MN Jobs & Training Services (CMJTS), presented the Annual Report. The report, in calendar format, highlighted those people who utilized services through CMJTS, whose mission is "To assist the unemployed, underemployed and youth to obtain employment through career training." Bublitz highlighted the various programs including S-MFIP (Statewide MN Family Investment Program), One-Stop Workforce Centers, Dislocated Worker, Older Worker, Summer Youth, Adult, Youth, IIM Supplemental Funds, Non-Traditional Worker, Youthbuild/AmeriCorps, and STRIDE/MFIP Pilot/McKnight. During Program year 1997, each dollar spent on the JTPA Title IIA Program resulted in $4.08 being returned in the form of income taxes on wages earned by program participants and reduction in welfare costs because recipients found jobs. There is an eleven-county service area with one commissioner from each county serving on the Joint Powers Board. The Board of Directors is appointed by the Joint Powers Board. Changes may occur in the service delivery areas sometime between July 1999 and July 2000 due to the replacement of the Job Training Partnership Act with the Workforce Investment Act. CMJTS received 60.82% of its funding from state-funded sources. The federal Job Training Partnership Act provides 38.75% of its funding with the remainder being from the McKnight Foundations grants for welfare-to-work programs. Bublitz was thanked for the informative report and commended on the success of the programs.

Marc Mattice, Parks Administrator, requested approval of a DNR grant application which would assist in the development of environmental education programs and fund a part-time naturalist at Ney Park. Application deadline is 3-31-99. The total project cost is $30,000, with Wright County's share being a $15,000 cash match over a two-year period (Year 2000 budget). Mattice explained that enrollment for educational programs has increased, and the funds would help purchase supplies for programs and fund the part-time staff. Sawatzke stated that when the Ney Park project was started, different organizations (including schools) were surveyed and the County was assured that assistance would be received in the areas of staffing and education. He voiced concern with hiring an individual as a County employee for a two-year period. He felt programs could be implemented without another employee. Norman stated that the employee would be a County employee under the grant program. Once the grant expires, the County Board would then need to determine whether to retain or drop the program. Mattson moved to adopt Resolution #99-09 authorizing the Parks Administrator to sign the agreements and receive state monies as part of the application process with the understanding that the position may cease at the end of the two-year period, seconded by Eichelberg. Sawatzke said he would vote against the request as he was not in favor of hiring a person with the possibility that in two years the position may not be available. In addition, usually government positions are not eliminated. Motion carried 3-1 on a roll call vote with Sawatzke casting the nay vote.

Mattice requested approval of the application for a DNR grant application for Phase II of a three-phase project at Montissippi Park. The application is for a total cost of $100,000 to construct a picnic shelter, play structure and parking/road improvements. The County share would be a $50,000 cash match over two years. Application deadline is 3-31-99. A public hearing is required as part of the application process. Mattson moved to adopt Resolution #99-10 for Phase II of the Montissippi Park Grant Application, seconded by Eichelberg, carried 4-0 on a roll call vote. On a motion by Russek, second by Eichelberg, all voted to set the public hearing on this issue for 3-16-99 at 9:30 A.M.

On a motion by Russek, second by Mattson, all voted to authorize attendance at the Quad County Summit Meeting on 2-26-99 at 9:30 A.M., Sherburne County Government Center, Elk River.

Mattson moved to adopt Resolution #99-11 approving the Charitable Gambling Application as submitted by the Corcoran Lions Club (Monticello Twp.). Russek seconded the motion and it carried 4-0 on a roll call vote.

On a motion by Russek, second by Mattson, all voted to cancel the March 9, 1999 County Board meeting due to the occurrence of five Tuesdays in March.

A Building Committee Of The Whole meeting was held on 2-2-99. A summary of the minutes follows.

A Project Update was provided. The contractor and architect are discussing whether the aluminum entrance frames (PW) meet code. After the PW building is cleaned in the spring, the mortar and block will be tested before the sealant is applied. The Committee will review the ceramic tile (PW) to decide whether it should be replaced or whether to obtain a credit from the contractor. The ice buildup (PW) will be monitored and reviewed in the Spring. Hayes will obtain price quotes for cooling the voice/data room (HSC) and any roof penetrations will be done by the roof contractor in order to continue the roof warranty. The architect will not approve any additional payments until all punch list items are completed. The County's option to hire others to complete outstanding items and charge back to the contractor was discussed along with the notification requirements to the contractor. The consensus was for Norman and Kelly to send a letter to KUE as soon as possible with information provided by the architect and owners representative. The Public Works sign will be installed. A summary of project expenditures was provided and is being kept current. A reimbursement transfer will be performed as approved by the Board. The variable frequency drive for the air handler unit is incorrect and will be replaced in the next couple of months. The owners representative gave the status of various outstanding items and items which will need to be held until Spring. Reference was made to a letter from KUE listing items that would not be completed until a later date. The owners representative will provide a list of items that need to be followed up on that are not included in the contract. Public Works will be closed on February 10th & 11th to move to the Public Works Building.

A voice/data update was provided. The connection is in place between PW and the Courthouse. Expenditures are anticipated at $303,000 which is well below the projected figure of $310,000. The Committee then toured the PW Building.

At today's meeting, Russek moved to approve the minutes, seconded by Eichelberg, carried 4-0.

Mattson moved to approve the hire of Conrad Webb as Highway Maintenance Crew Supervisor, effective 2-22-99 at the 3rd Step. Motion carried 4-0.

Bills Approved

A-1 Marine 138.18

Airtouch Cellular Bellevue 1401.14

Apec Corporation 408.32

Bob Barker Co 302.81

Brock White Co LLC 13456.79

City Buffalo 29263.32

Communication Sales & Leasing 310.87

Delano Municipal Utilities 134.01

John Dziuk 391.50

Enterprise & Dispatch 105.00

Tom Feddema 133.30

Greenview Inc 172.00

Jones Intercable Inc 1000.00

Legend Technical Services Inc 1511.80

Marco Business Products 793.86

Minnegasco 626.62

MN Counties Computer Co-op 1450.00

MN Transportation Alliance 150.00

Dennis Moeller 321.20

Margaret Munson 194.37

Northern States Power Co 110.11

Pagenet 481.28

Performance Office Papers 808.21

Romtec Inc 329.44

Scharber & Sons Inc 5255.78

Sirchie 471.39

St Cloud State University 596.00

Tab Products Co 510.09

Trueman Welters, Inc. 4949.02

West Publishing Co. 223.12

Wright County Highway Dept 1017.61

Wright Hennepin Electric 1730.91

Robert Zrust 1470.14

The Achievement Center 2952.26

American Institutional Supply 148.11

Automatic Garage Door Co 4763.00

Best Disposal Services 239.39

Buffalo Hospital 233.25

Cellular 2000 of St Cloud 445.67

Computer System Products Inc 191.25

Franklin Denn 537.60

Emergitek Inc 1895.99

Enviro Electric Inc 175.00

Glock, Inc 3736.39

International Wolf Center 125.00

Kustom Signals Inc 216.70

Loffler Business Systems Inc 860.56

Mid-America Business Systems 582.00

Mitchell Repair Information Co 803.04

MN Division of Emergency Mgmt 100.00

Mobil Oil Corporation 151.12

Morris Excavating Inc 300.00

North Central Blue Bird 1297.65

Office Depot 1591.47

Lynn Peavey Company 367.50

Phillips Petroleum Co 204.33

Jack Russek 142.60

Schumachers Incorporated 191.18

Sprint 148.30

Sweeney Brothers Tractor Inc 250.00

Total Printing 1688.87

Carol Vander Kooi 4428.07

Winsted Publishing Inc 152.76

Wright County Journal Press 250.80

WSB & Associates Inc 606.50

41 payments less than $100 2,086.43

Final Total $102,080.98

The meeting adjourned at 10:20 A.M. The Board went into Closed Session as requested by the County Attorney.

Patrick Sawatzke, Chairperson

ATTEST: Richard Norman, County Coordinator


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