Wright County Board Minutes

FEBRUARY 17, 1998

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

Motion to approve the minutes of 2-10-98 was made by Russek, seconded by Mattson, carried 4-0.

Petitions were accepted to the Agenda as follows: Consent Agenda Item D2, "Approve Partial Payment #3 ($8,008.02) to Midwest Contracting for Contract 9710 (Culvert Job in St. Michael)" (Jude); ltem For Consid. #4, "Update on meetings held with Superior Landfill and PCA" (Nelson); ltem For Consid. #5, "Resolution, Road Restrictions" (Jude); ltem For Consid. #6, "Teamsters Request" (Jude). On a motion by Sawatzke, second by Russek, all voted to approve the Agenda as amended.

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

A. ADMINlSTRATlON

1. Performance Appraisals: L. Schroeder, R. Westphal, Extension.

2. Claim, Frank Madden, $893.20.

B. ASSESSOR

1. Accept Resignation, Dawn Frost, Lead Clerk, Eff. 2-20-98 & Auth. Replacement.

C. AUDlTOR/TREASURER

1. Claim, Otto & Associates, $497.50.

2. Claim, Buetow & Associates, $42,594.30.

3. Claim, Legend Technical Services, $2,671.20.

D. HlGHWAY

1. Approve Partial Payment #5 ($110,795.07) to Duininck Bros. for Contract 9707.

2. Approve Partial Payment #3 ($8,008.02) to Midwest Contracting for Contract 9710 (Culvert Job in St. Michael.)

E. SHERIFF

1. Accept Resignation, Karen Davis, Communications Officer, Eff. 3-1-98 & Auth. Replacement.

2. Acknowledge Appointment of Lisa Goenner, Deputy Sheriff, Eff. 2-18-98.

3. Refer to Building Committee the issue of noxious/dangerous fumes entering the make-up air intake for the air handling unit in the Jail.

F. SURVEYOR

1. Distribute Annual Report & Lay Over One Week For Questions.

Darla Groshens, Auditor/Treasurer, presented the claims listing for approval. On a motion by Russek, second by Mattson, all voted to approve the claims as listed in the abstract, subject to audit.

On a motion by Mattson, second by Sawatzke, roll call vote was unanimous to adopt Resolution #98-06 approving a Charitable Gambling Application as submitted by the Corcoran Lions Club (Monticello Township).

Mattson moved to adopt Resolution #98-07 regarding funding for the Victor Township Bridge Replacement Project, seconded by Russek, carried 4-0.

Resolution reads as follows:

WHEREAS, the County of Wright has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for the replacement of County Bridge No. 86J02 over County Ditch No. 10, and;

WHEREAS, the amount of the grant has been determined to be $5,620.00 by reason of the lowest responsible bid;

NOW, THEREFORE, BE lT RESOLVED that the County of Wright does hereby affirm that any cost of the bridge in excess of the grant will be appropriated from the funds available to the County of Wright, and that any grant monies appropriated for the bridge but not required, based on the final estimate, shall be returned to the Minnesota State Transportation Funds.

A Labor/Management Loss Control Committee meeting was held on 2-11-98. The Committee could not convene due to a lack of a quorum.

An MIS Steering Committee meeting was held on 2-10-98:

Update

Public Safety Information System. A final acceptance meeting is scheduled with consultant Vegemast Engineering for February 26th. There are outstanding tasks still to be completed relating to the Jail's booking imaging system, mobile digital terminals, printing, and state communication function. During the project team meeting held on 1/30/98, team members expressed satisfaction in the work completed and anticipated final acceptance once noted items were completed.

Property Tax. Critical tasks are moving ahead, i.e. tax statement, delinquent processing, escrows, special assessments. Coordination of the several tasks has been difficult but progress is being made.

Voice/Data Cost Plans and Cost Summary for Human Services Center and Public Works. Voice/data features and the construction time line for the new Human Services and Public Works Buildings were discussed. Cost totals and voice/data project summary will be presented to the Building Committee this afternoon (2/10/98).

County Web Site. Swing distributed a design of the Wright County home page. lmmediate objectives are to establish the base structure of the site with the ability to upload board minutes, agendas, and job postings. The Sheriff Department will be the first department to expand its web pages. Limited descriptions of other departments will be posted initially with the opportunity for them to expand on their pages over time. Jim Elmquist, Special Project Coordinator will be involved in ongoing review and control of the site. Bridget Falbo, editor of the County's newsletter, is serving as the content developer . Active Logic, lnc. is serving as the web site designer .

lnternet Policy. A draft lnternet policy was reviewed. After some changes, the following policy statement was recommended for approval.

Use of the lnternet during working hours shall be related to work responsibilities and shall not be used for casual surfing . Usage shall be restricted to web sites that are work related. Restricted sites shall include but not be limited to adult entertainment, sexually explicit material, web sites promoting violence or terrorism, illegal use of controlled substances and intolerance of other people/races/religions, etc. Use of the lnternet for personal use must be kept to a minimum. Furthermore, such usage shall occur only during the employee's personal time. The County reserves the right to monitor Internet usage.

Fee for Digital Mapping Data. As an item of information, Swing reported that a fee for digital parcel maps was needed to address the request for this information by the public. $450 per megabyte of data, an average of fees set by Anoka, Dakota, and Stearns Counties, is being considered. The GlS Committee will be reviewing the fee and a disclaimer to be signed by each buyer. A recommendation will be brought back to the MlS Steering Committee for approval. At today's meeting, Russek moved to approve the minutes, seconded by Sawatzke. lt was clarified that approval of the minutes will include approval of the lnternet Policy. Motion carried 4-0.

A Negotiations Committee meeting was held on 2-11-98:

Essential Supervisor Bargaining Unit, Chief Deputy Exclusion. Norman stated that a Memorandum Of Agreement has been submitted by Teamsters Local No. 320, Sheriff's Essential Supervisory Unit. The Memo requests that the Chief Deputy position be excluded from the bargaining unit. Lindell is currently making $55,585. He would become eligible for the "After 10-Year Step" on 6-12-01. Norman said the job description evaluation of this position totaled 2,941 points. This is a similar point total to Surveyor, Assessor, and Parks Administrator. Therefore, Norman recommends that this position be placed in Class B, Non-Union Salary Schedule, at $56,305. Lindell will be eligible to move to the next step on 6-12-98 at a salary of $58,275. After further discussion it was decided to give Lindell the same uniform allowance as the Sheriff. The collective bargaining agreement has a provision for rest of the non-union employees. At today's meeting, Sawatzke moved to authorize signatures on the Memorandum Of Agreement, seconded by Mattson, carried 4-0.

A Ways & Means Committee meeting was held on 2-11-98:

Water Testing, Lindala Landfill. A request was received from Marg Soeffker and Roy McChesney to spend $6,400 to conduct additional well testing. McChesney would select the sites and the Department of Health would do the testing. Davis stated that the well tests conducted in 1997 did not indicate any problems. Braun Intertec and the Department of Helath also conducted testing for the PCA. Recommendation: Write to Soeffker asking for written documentation that would justify further testing be conducted.

Smoke Free Policy Implementation Strategy. Norman stated that he only received one response from the request for volunteers to serve on the Task Force. Backes and Young stated they would be willing to serve on the Committee. lt was also felt that Tom Salkowski should be on the Committee since he is the President of the Leadership Team this year. It was the consensus of the Committee that a table be set up at tomorrow's Benefits Fair seeking additional volunteers.

Tobacco Access Ordinance. The draft ordinance was summarized by Asleson. Fees were discussed. It was decided that Asleson will contact other counties to find out what they are charging. Asleson stated that a notice to retailers has to be distributed at least 30 days prior to implementation. Asleson will agenda a request setting a date for Ordinance review. He will send notices to cities and townships.

Legislative Protocol. Recommendation: Adopt the Protocols drafted by Norman. Make them effective the date of Board action.

Dress Code Policy. The responses from department heads were reviewed. After discussion it was the consensus that the last sentence of the existing Dress Code Policy be dropped. lt states, "This policy does not prohibit a department from having a designated casual dress day." Norman will send to department heads examples of dress that will be considered unacceptable.

At today's meeting, Russek moved to accept the minutes and the recommendations, seconded by Mattson, carried 5-0.

Brian Asleson, Assistant County Attorney, requested that the County Board set a date to consider the proposed Tobacco Ordinance as recommended by the Ways & Means Committee. The Ordinance is necessary due to changes in State Law made by the 1997 Legislature. Counties are required to license tobacco retailers in those cities and townships where the entity has opted not to do its own licensing. By statute, tobacco retailers must be given 30 days notice of the meeting. Asleson had anticipated having the draft Ordinance available for review at today's meeting. As it was not ready, he distributed and outlined the basics of the proposed County Ordinance:

1. Licenses tobacco retailers in cities and towns which choose not to do their own licensing.

2. Unannounced compliance checks at least once per year at each licensed retailer.

3. Bans the self service sale of single packs of cigarettes and smokeless tobacco.

4. Allows multi-pack self service sales until such time as banned by federal regulations. Bans tobacco vending machines, except in establishments where minors are not allowed to enter at any time. Establishes minimum administrative penalties for licensees and retail clerks.

Licensees*

1st violation $75

2nd violation w/in 24 months $200

3rd violation w/in 24 months $250 and license suspension for at least 7 days.

Clerks*

Any violation $50

*These individuals have the opportunity for a hearing before the penalty takes effect. Hearings to be held by Ways and Means Committee of County Board.

7. Minors violating the Ordinance are assessed an administrative fine of $50. This fine can be waived if the minor pays for and attends a tobacco education or cessation class.

8. Ordinance preserves the opportunity for criminal prosecution as well.

9. License fee to be set by resolution of the County Board. This fee can be designed to cover costs of administration and enforcement of the Ordinance.

The first six items are the minimum requirements of State Law. For items 3-6, the County has the authority to be stricter than State requirements. The Ways & Means recommendation was to meet State minimum requirements. Asleson said he needs to further research license fees and addresses of retailers. Responding to a question by Mattson, Asleson stated that minors are allowed to be part of compliance checks under State Law. He thought that an adult could also be charged with an offense if purchasing for a minor. Mattson again stated his position that he is not in favor of the Ordinance and that it will just be another area in which Government is telling people what to do. He said that retailers already have strict guidelines to follow. Sawatzke responded that although he somewhat agreed with Mattson, the County is required to adopt the Ordinance and felt they should make it the best Ordinance possible. Discussion followed on whether the Ways & Means Committee should be designated to administer the hearing process. Wyman Nelson, County Attorney, did not feel the hearings should be before the County Board and that a staff person could be designated to administer this task. This will be discussed again when the Ordinance is presented to the Board for approval. On a motion by Sawatzke, second by Russek, all voted to establish a hearing for 3-31-98 at 9:30 A.M. to consider the proposed Ordinance.

Wyman Nelson said the Planning & Zoning Board held a public hearing approximately one month ago to take testimony on the Land Use Moratorium. At that meeting, the Planning & Zoning Board extended for a two week period the time in which written comment could be received. The comment period expired on 2-5-98. Subsequently, a meeting was held between Wright County staff and Superior Landfill regarding operating standards. No real conclusions were reached due to the number of people in attendance and the issues not being refined. A meeting was also held with the MPCA regarding their actions keeping the Moratorium in mind. Nelson will attend the MPCA Citizens Council meeting on February 22nd and 23rd to update them on the status of the issue.

Nelson said one concern Superior Landfill had was they felt there was inadequate opportunity to review operating standards with Wright County staff before final adoption or recommendation by the Planning Commission on the Ordinance. Last week, Planning & Zoning staff met with the Rod McGilvrey and Senior Officers of Superior Landfill. They discussed in detail concerns Superior Landfill had on specific performance standards that may exist in the Ordinance. Nelson understood that Planning & Zoning staff will make recommendations to the Planning & Zoning Board on certain items. The major issue Superior Landfill has is the size of the footprint on the ultimate rezoning of the ag zone. No recommendation will be made by staff. Nelson understood that Tom Salkowski, Planning & Zoning Administrator, will be incorporating changes into the Ordinance which were agreed upon last week. He also understood that the Planning & Zoning Board Agenda of 2-19-98 will include potentially adopting the Ordinance. Nelson said that to the extent possible, there has been good communication with Superior Landfill. He said reference has been made to the amount of communication with them during the last year, which he said has been substantial. Nelson said depending on the recommendation of the Planning & Zoning Board, the County Board will have the opportunity to review both the minutes and the transcript of the testimony at the Planning & Zoning Hearing.

Due to the warm weather, the Highway Engineer submitted a resolution which would place seasonal load restrictions on County highways. Russek moved to adopt Resolution #98-08, seconded by Sawatzke, carried 4-0 on a roll call vote. lt is anticipated that these load restrictions will become effective 2-23-98.

The Minnesota Teamsters Unit, Civilian Communications Officers, submitted a request to allow their employee dental plan to be included as part of the Flex Benefit Program, allowing premiums to be taken as pretax dollars. The administrator of the program indicated that this was allowable, so Norman recommended that the request be approved. He said the Teamsters Unit took the initiative to seek out the plan, and payments are made by employees through the County's payroll system. Sawatzke moved to approve the request, seconded by Russek, carried 4-0.

Bills Approved

Advanced Graphic Systems Inc 439.47

City Albertville 1315.75

Annandale Advocate 102.50

AT&T 484.24

Beaudry Propane Inc 1160.34

Broll Fertilizer 1000.00

Buffalo Clinic 808.00

Bureau of Criminal Apprehsn 350.00

Centra Sota Coop 1000.00

Civic Research Institute Inc 129.95

D&D Distributing Inc 141.56

Kurt Dvorak 233.94

Emergitek Corporation 225.00

Flickers TV & Appliance 383.39

General Rental of Buffalo 122.03

Harkers 623.71

Holiday 1063.65

JLM Telecommunications 112.60

LaPlant Demo Inc 250.10

Loberg Plumbing & Heating Co. 5552.90

Masys Corporation 2181.96

Minncomm Paging 889.70

Minnesota Chemical Company 173.48

MN Assn of Cty Administrators 250.00

MN Pollution Control Agency 145.00

Office Depot 1461.62

Pace Publications 198.00

PWRS-Michael McGann 400.00

Sentry Fire Protection 188.85

Smith Micro Technologies Inc 479.46

Straughan Hardware Co Inc 186.19

Thermo Dyne Inc 1890.00

Total Printing 486.71

USI Inc 107.71

Winsted Publishing Inc 659.93

Airtouch Cellular 1227.98

American Institutional Supply 380.60

Appert Foods 2186.93

ATOM 125.00

Brinkmans Inc 238.21

Buff 'N' Glo Inc 176.00

Buffalo Junction Towing 161.88

Catholic Charities 5386.14

Central Rivers Coop 1000.00

Comp USA Inc 710.00

Duininck Bros Inc 110795.07

Emed Company Inc 112.20

Fingerprint Equipment Labs Inc 120.99

G & K Services 1111.41

Gregorys Foods INc 206.35

Dr Henk 122.00

Institute for Forensic Psychol 325.00

Lake Region Coop Oil 1041.41

Loaf & Ladle 119.59

Marco Business Products 2842.59

Richard Mattson 149.11

Minnegasco 13203.95

Minnesota CLE 370.00

MN Counties Computer Co-op 6864.24

City Monticello 9058.00

Opticolor Film & Photo 1023.28

Photo I 627.22

Jack Russek 276.66

Silver Creek Township 775.45

St Cloud Hospital 1432.26

Sysco Food Services of MN 938.29

Time Maintenance 842.00

US West Communications 5423.34

Warning Lites 220.52

58 payments less than $100 3,496.38

Final Total $198,287.79

The meeting adjourned at 9:48 A.M.

Ken Jude, Vice Chairperson

ATTEST: Richard W. Norman , County Coordinator


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