Wright County Board Minutes

NOVEMBER 25, 1997

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

Motion to approve the minutes of 11-18-97 was made by Rose, seconded by Russek, carried 5-0.

Petitions were accepted to the Agenda as follows: Item For Consid. #3, "Refer Economic Development Rebate Issue to the Ways & Means Committee" (Jude); Item For Consid. #4, "Resolution Authorizing Execution Of Sub-Grant Agreement For Federal Flood Emergency Assistance" (Norman). On a motion by Jude, second by Russek, all voted to approve the Agenda as amended.

Richard Norman, County Coordinator, requested that the Performance Appraisals of Scott MacDonald and Daniel Wines be added to the Consent Agenda. Russek referred to the 1997 Maintenance Agreements which are being approved as part of the Consent Agenda today (ltem D1). He requested that the Delano contract be approved contingent upon the outcome of the Highway Engineer's meeting with them today. Wyman Nelson, County Attorney, referenced ltem B1, "Approve Grant Application For Emergency Funds from the Department of Public Safety in the amount of $2,350 for the Victim/Witness Program." He commented that funds have been applied for to be used for emergency services primarily in domestic assault cases. He said no matching County funds would be involved, but is a much needed fund for small expenditures. On a motion by Rose, second by Russek, all voted to approve the Consent Agenda as follows, with the addition of approval of the Delano Contract contingent upon the Highway Engineer reaching agreement with them today:

A. ADMINISTRATION

1. Performance Appraisals: D. Ducommun, C. Webb, F. Borell, Highway; C. Schulz, P&Z- J. Robasse, J. Sandstrom, Sher./Corr.; S. MacDonald, D. Wines (Bldg. Care & Maint.).

2. Schedule Employee Recognition Ceremony for 2/3/98 at 10:00 A.M. in conjunction with the County Board Meeting.

3. Auth. Signatures On City Contracts, 1998/1999, Albertville, Maple Lake, South Haven, Rockford, St. Michael, Monticello, Hanover, Clearwater, Otsego and Delano.

4. Auth. Signatures On City Contract, 1998, Delano.

5. Claim, Dahlgren Shardlow & Uban, $2,583.79, Consultant Services 9/27/97-11/1/97.

6. Schedule Building Committee Of The Whole Meeting, 12/9/97 @ 10:30 A.M.

7. Cancel County Board Meeting of 12/2/97 (AMC Conference).

8. Approve Non-Union Compensation Plan For 1998.

9. Approve Mobile Home Request, William & Sophie DeBoer, Ord. 85-2, As Amended.

10. Distribute Budget Committee Of The Whole Minutes for review and approval at the 12-9-97 County Board Meeting.

11. Approve Charitable Gambling Application, Buffalo Ducks Unlimited (Monticello Twp.) & Waive 30 Day Review Period.

12. Claim, Briggs & Morgan, $3,377.19.

B. ATTORNEY

1. Approve Grant Application for Emergency Funds from the Department of Public Safety in the amount of $2,350, for the Victim/Witness Program.

C. AUDITOR/TREASURER

1. Approve Bond and Claim for Chief Deputy Aud./Treas. Robert Hiivala, $50.00.

D. HIGHWAY

1. Approval of 1997 Maintenance Agreements between Wright County and seven cities.

2. Refer Issue of "Mechanic Hire" to Negotiations Committee.

3. Approve Partial Payment #4 ($268,533.34) to Buffalo Bituminous for Contract 9706.

E. SHERIFF

1. Acknowledge Appointment, Brian Johnson, Deputy Sheriff, Eff. 12-1-97.

The Ways & Means Committee minutes of 11-19-97 were discussed involving the Harry Larson Park North Lake Access. In addition to corrections outlined in a memorandum from Norman, the following corrections were made: Page 3, 3rd to last paragraph, 2nd sentence should read "The bottom line is loaded or uncased guns are not allowed on Park property for any reason"; Page 4, 1st paragraph, 2nd sentence to read "He noted there might be a split vote on the Board, ...". The options presented by the Committee are as follows:

1. Leave the access as is and allow people to use it.

2. Tear out and restore the access to where it was before the improvements were made. The reason behind this option is that the improvements were done in direct conflict with the 1989 Board decision.

3. Tear out and restore the access to where it was before the improvements were made, then provide access down the meadow.

4. Put up posts to prohibit anyone from driving down.

A fifth option was added at today's meeting:

5. Leave the access as is and put a swing gate up. The access would only be open 4-5 weeks of the year, during hunting season.

Jude referenced page 3, last paragraph, "Sawatzke again noted the 1989 Board decision and suggested that if department heads are making their own decisions, there is no need for the Board." He said this is the crux of the issue. Jude and Russek felt that following Option 5 was not worth the funds which would be expended. Rose said the DNR is against placing posts due to the dangers associated with snowmobiling. Russek moved to follow Option 1, seconded by Rose, carried 5-0. Russek moved to approve the minutes with the corrections that were noted, seconded by Jude. Jude inquired whether the Board should discuss hunting activities in other County Parks. Response was that any discussion would take place at a different time. Motion carried 5-0.

As part of the approval of the Consent Agenda today, the Board approved to refer the issue of the Mechanic Hire to the Negotiations Committee. Norman requested that Item For Consid. #5 be added to the Agenda, "Set Negotiations Committee Meeting."

Referred from the last County Board meeting, the Board discussed a claim to Midwest Forensic Pathology ($495.00). Since that time, information has been obtained from the County Coroner and Sheriff Hozempa supporting the fee charged for training above what is outlined in the contract for service. Rose moved to pay the claim, noting that the fee per person will be reduced from $55 to $45, seconded by Jude. Discussion followed on use of conference rooms in the Government Center. Norman explained that conference rooms may be used by non-profit civic organizations at no cost. Some Counties do have a fee for use of space. Motion carried 5-0.

At the request of Darla Groshens, Auditor/Treasurer, Rose moved to set a Deferred Compensation Committee meeting for 12-9-97 at 8:30 A.M. Motion carried 5-0 on a second by Sawatzke.

Kerry Saxton provided a written report for repair of eroded areas on Ditch 15. Saxton was present at the County Board meeting today. Fyles Excavating has been awarded the bid to repair the ditch. Saxton indicated that Fyles will install 24" culverts as side inlet pipes. Outlined in detail on the report, Saxton offered two options for repair:

1. Allow the contractor to install the work as scheduled. Saxton felt this would offer reasonably good protection. Costs incurred would have to be totally paid by the County and assessed to the ditch and benefited properties of record.

2. Request the SWCD to survey the area and complete a plan to require ten year storm protection. Downsizing of the pipe would be an option. This would provide the County good assurance that the installation will function. The County could request cost share assistance cutting the cost to assessed landowners, if allowed. Due to time constraints, the project would wait until the spring of 1998 for installation.

After discussion, Russek moved to have Fyles Excavating proceed with the work this fall if possible. Any questions would be referred to Kerry Saxton. Motion carried 5-0 on a second by Rose.

On a motion by Rose, second by Russek, all voted to approve the claims as listed in the abstract, subject to audit.

Bob Berneck of the Big Swan Lake Association addressed the Board with a request to adopt a resolution for their application to the MPCA for a Clean Water Partnership Grant and/or Loan. Roger Ranthum of the MPCA was also present to answer questions the Board had regarding the Clean Water Partnership Program. Berneck explained that those currently involved with the project include the Meeker County SWCD, the DNR and members of the Lake Association. Berneck said that the water quality has diminished over the past years due to fluctuations in water levels and run off from area land. A letter of support has been submitted by Bill Stephens of the Wright County Planning & Zoning Office. Russek said the WMTF did not offer an opinion on the issue due to their not having a quorum at the last meeting. Ranthum said the resolution states that Wright County would be part of the project, but no funds would be required from Wright County. The grant does not state that any cash contribution would come from Wright County, but Ranthum asked that in the future the SWCD perform land use assessments. He stated that no landowner would be forced to do anything, that the project is educational and points out the best interests for water quality. Monetary incentives are built into the project to implement measures to improve water quality. Rose and Sawatzke noted that the resolution states that "Meeker County and Wright County would be responsible for the total project costs with the assistance from any contributing sponsors as detailed in Part Vl of the application." Ranthum responded that the resolution states "that the submittal of all application does not obligate the Wright County Board of Commissioners to accept a Grant and/or Loan if so offered." Sawatzke said he did not want the project to fail or rise dependent upon County funds. Ranthum stated that in the 10 years he has been with the project, a County has never been asked for funding. Stephens said he had Brian Asleson, Assistant county Attorney, review the resolutions. His comment was that signing the resolution does not obligate right County. Stephens felt signing the resolutions would allow application to be made and would give the County an opportunity to review the project more thoroughly. Meeker County has passed a resolution of support. Rose moved to adopt Resolution #97-63 in support of the Big Swan Lake Association's application to the MPCA for a Clean Water Partnership Grant and/or Loan due to the fact that the Attorney's Office has said the County can decide to withdraw and that no financial assistance is being requested, only moral support and assistance from the SWCD. Ranthum stated that the County will have access to the MPCA Engineers during the project, as well as the Joint Powers Engineers (St. Cloud). Jude seconded the motion, stating that Wright County has no intent of obligating any funds. Sawatzke offered a friendly amendment to remove from the 3rd paragraph of the resolution "and Wright County". The resolution would then state that "Meeker County would be responsible for the total project costs with the assistance from any contributing sponsors as detailed in Part V of the application." This would make Wright County's intent clear. The motion and the second accepted the amendment, carried 5-0 on a roll call vote.

Resolution reads as follows:

CLEAN WATER PARTNERSHIP RESOLUTION lDENTIFYING PROJECT REPRESENTATlVE AND AUTHORIZlNG A PROJECT IMPLEMENTATlON FINANCIAL ASSISTANCE

APPLICATION

BE IT RESOLVED by the Wright County Board of Commissioners, that it hereby designates Paul Virnig, Meeker County Coordinator, as the Project Representative for the Big Swan Lake Restoration Project proposed Clean Water Partnership Phase lI Implementation Project.

The Project Representative shall have the authority to represent Wright County in all matters relating to this grant that do not specifically require action by the Wright County Board of Commissioners.

BE IT FURTHER RESOLVED by the Wright County Board of Commissioners, that the Project Representative designated above is hereby authorized to submit to the MPCA a Clean Water Partnership Phase II Project Implementation Financial Assistance Application for the Big Swan Lake Restoration Project.

BE IT FURTHER RESOLVED by the Wright County Board of Commissioners, that the total project cost of the Big Swan Lake Restoration Project is expected to be $120,000. Meeker County would be responsible for the total project costs with the assistance from any contributing sponsors as detailed in Part Vl of the application. The Wright County Board of Commissioners is aware of and supports the loan requested in this application. The Wright County Board of Commissioners recognizes these loans must be secured with a general obligation promissory note.

A grant, if awarded, could provide up to 50% of the total project costs. A loan could cover all or part of the total project costs and could be used to match all or part of the Grant.

BE IT FURTHER RESOLVED by the Wright County Board of Commissioners, that the submittal of an application does not obligate the Wright County Board of Commissioners to accept a Grant and/or Loan if so offered.

* * *

A similar request was made by the Lake Francis Area Recreation & Conservation Club. Ray Ward was present. Jude moved to adopt Resolution #97-64 in support of the Lake Francis Area Recreation and Conservation Club's application to the MPCA for a Clean Water Partnership Grant and/or Loan, to include removing "and Wright County" from the 3rd paragraph of the resolution, changing the sentence to read, "Meeker County would be responsible for the total project costs with the assistance from any contributing sponsors as detailed in Part V of the application." Motion was seconded by Russek and carried 5-0 on a roll call vote.

Resolution reads as follows:

CLEAN WATER PARTNERSHIP RESOLUTION IDENTIFYING PROJECT REPRESENTATIVE AND AUTHORIZING A RESOURCE INVESTIGATION GRANT APPLICATION

BE lT RESOLVED by the Wright County Board of Commissioners, that it hereby designates Paul Virnig, Meeker County Coordinator, as the Project Representative for the Lake Francis Diagnostic Study proposed Clean Water Partnership Phase 1 Resource Investigation Grant.

The Project Representative shall have the authority to represent Wright County in all matters relating to this grant that do not specifically require action by the Wright County Board of Commissioners.

BE IT FURTHER RESOLVED by the Wright County Board of Commissioners, that the Project Representative designated above is hereby authorized to submit to the MPCA a Clean Water Partnership Phase I Resource Investigation Grant Application for the Lake Francis Diagnostic Study.

BE IT FURTHER RESOLVED by the Wright County Board of Commissioner, that the total project cost of the Lake Francis Diagnostic Study is expected to be $80,000. Meeker County would be responsible for the total project costs with the assistance from any contributing sponsors as detailed in Part V of the application.

A Grant, if awarded, could provide up to 50% of the total project costs.

BE IT FURTHER RESOLVED by the Wright County Board of Commissioners, that the submittal of application does not obligate the Wright County Board of Commissioners to accept a Grant if offered.

* * *

At 10:10 A.M., Mattson closed the regular Board meeting and convened the Public Hearing to discuss th Solid Waste Management Service Charge for 1998. In 1997, the total fees collected ($42/parcel) were slightly lower than needed to cover the bond payments. At the Compost Finance Committee meeting, the Committee members felt that with the increase in units in 1998 and the debt fee projected to rise approximately $20,000, the $42/parcel fee should cover debt payments. Wyman Nelson, County Attorney, suggested changing the designation of the service charge from a Solid Waste Management Service Charge to a Solid Waste Debt Service Charge due to the questioning of the sales tax application. There was no public comment on the issue. The public hearing was closed at 10:15 A.M. and the regular meeting was reconvened. Russek moved to adopt Resolution 97-65 setting the Solid Waste Debt Service Charge at $42/parcel for A, B, and C (as listed on the Resolution), seconded by Rose. Discussion followed on whether the appeal process should be included within the Resolution. Nelson stated that it does not need to be, as the process exists and is available for anyone to exercise. Motion carried 5-0 on a roll call vote. John Sundman asked whether the State was trying to charge a tax on the Solid Waste Management Fee from past years and if the County would still be liable for that. Nelson indicated that there is a moratorium on any action which attempts to enforce collection, and that this was not a settled issue by the State Department of Taxation. He said the issue may disappear but it may become an issue in the future. Nelson stated that potential liability is uncertain.

Resolution reads as follows:

WHEREAS, Wright County has solid waste management authority under Minnesota Statutes Chapter 400; and

WHEREAS, The Wright County Board of Commissioners has adopted a Solid Waste Debt Service Charge Ordinance pursuant to the Provisions of Minnesota Statutes Section 400.08; and

WHEREAS, The Wright County Solid Waste Debt Service Charge Ordinance specifies that the County Board shall establish Resolution;

NOW. THEREFORE. BE lT RESOLVED:

1. That the Wright County Board of Commissioners hereby imposes a Solid Waste Debt Service Charge for 1998 upon real and personal property located in Wright County as follows:

A. All real property parcels containing structures, except those containing apartment buildings with four or more units; $42.00

B. Real property parcels containing apartment buildings with four or more units; $42.00

C. Manufactured homes and other structures taxed as personal property parcels; $42.00, and

2. That the Wright County Board of Commissioners intends this Resolution be effective immediately with the Solid Waste Debt Service Charge to be collected through the 1998 property tax statements issued by the County.

Russek left the Board meeting at 10:20 A.M.

A Building Committee Of The Whole meeting was held on 11-18-97. A summary of the minutes follows:

Architect Update-Pamida Building: The architect updated the Committee on plans. They are now in the second phase-design development. Jude said a system is needed to keep the architects informed of exactly where the Board is in the approval of any plans. Approval is needed from all five Commissioners. Committee recommendation is to have Buetow & Associates continue with current plans.

Human Services Staff Locations: Discussion involved Human Services staff relocation. Also discussed was the intent to bring together the financial system of Human Services, Highway and Auditor. Recommendation is to have those three departments work together to draft a plan to present to the Board no later than 4-1-98. The plan should include the pros and cons of consolidating the accounting functions and a timeline to complete the project.

Spreadsheet Development: A spreadsheet will be developed to track expenses of the project.

Architect Update-Public Works Building: Several items were discussed, including the need for a sprinkler system. Recommendation: On the West side of the building, eliminate the ground level windows and replace the top two with clear windows.

Construction Manager: Discussion included the need to hire a construction manager or owner's representative with the salary to be over and above the cost of the project. An ad will be placed in local newspapers with response being reviewed at the next meeting.

The 12-2-97 meeting is canceled, and the Committee will meet again on 12-9-97. Sawatzke moved to approve the minutes, seconded by Rose, carried unanimously.

A Compost Finance Committee meeting was held on 11-19-97. A summary of the minutes follows:

Request from MPCA RE: Lindala Landfill: The MPCA requested $150,000 from the County to help pay for closure of Lindala Landfill. That was the approximate amount that Lindala Landfill paid to Wright County in the 1980's in user fees. Sawatzke estimated that over the years approximately $3 million has been received and over 90% of the money has been spent on the solid waste activities, including the Compost Facility, which was built in accordance with a State ordinance regarding Solid Waste Management. The County is now $14 million in debt and County residents pay $42/year for principal and interest on the facility. Sawatzke noted that the State estimates cleanup of Lindala Landfill at approximately $4 million, and thought local officials should be concerned with costs to close a landfill. Lindala feels the County should refund the $50,000 toward the costs he has expended in capping the landfill. The Committee determined that Asleson should draft a letter to be presented to the County Board stating the reasons behind the decision not to provide funds to the State for cleanup of the landfill.

Financial Report: The cash balance for October was $233,128.40. The estimated cash balance for 11-30-97 on the Compost Finance Report is ($56,907.58). Recommendation: The $215,111.35 from the $2.00 portion of the $2.20 surcharge be transferred to the Compost Fund Account to permit all money paid via the Compost Facility to be paid back.

New Legislation: There is no new legislation.

MPCA: Nothing new to report.

Progress Update: None to report.

At today's meeting, Rose moved to accept the minutes and recommendations, seconded by Jude, carried unanimously.

Jude moved to refer the issue of Economic Development Rebates to the Ways & Means Committee for review.

Jude moved to adopt Resolution #97-66 authorizing the execution of a Sub-grant Agreement for Federal Flood Emergency Assistance as submitted by the Highway Engineer. The snow emergency resolution was adopted on 4-8-97, but application for federal flood emergency assistance requires a separate resolution. Sawatzke seconded the motion, carried 4-0 on a roll call vote.

On a motion by Jude, second by Rose, all voted to schedule a Negotiations Committee meeting for 12-9-97 at 3:00 p.m. Norman said this meeting will be contingent upon the Union Business Agent being available. The Agenda will include the "Mechanic Hire" issue.

Rose announced that a Crow River Watershed meeting will be held by the PCA on 1-12-97 in the Wright County Government Center.

Bills Approved

Advanced Graphic Systems Inc 114.91

Ancom Communications Inc 923.58

AT&T 6406.53

Becklund Home Health Care 686.00

Buffalo Bituminous 268533.34

Central MN Mental Health Ctr 300.00

Comp USA Inc 288.43

Decorative Designs inc 167.18

Franklin Denn 269.14

John Dziuk 899.10

Gateway 2000 2479.32

Holiday 1416.47

International Personnel Mgmt 598.00

Marco Business Products 552.20

Masys Corporation 19041.63

Roger Millner 394.40

Norstan 510.89

Olson & Sons Electric 141.50

Photo I 685.19

Genell Reese 117.18

Retrofit Recycling Inc 150.00

Sharp Electronics 218.29

Sign City 133.13

Southside Township 387.55

Sprint Local Telecommunication 158.14

Star Tribune 126.36

Stockholm Township 731.05

Total Printing 324.56

US West Communications 998.53

Wright County Public Health 1712.00

Airtouch Cellular 598.92

Arrowwood Radison Resort 153.36

Beaudry Oil Co 2041.39

Buff 'N' Glo Inc 176.00

Catholic Charities 8035.22

Cokato Township 371.92

Computer Parts & Services Inc 103.12

City Delano 3448.20

Department of PUblic Safety 120.00

G & K Services 235.93

Healthspan Transportation 300.00

Institute for Forensic Psych 650.00

Lakedale Telephone Company 250.32

Marco Business Products, Inc 623.02

The Metro Group Inc 523.98

Napa Auto Parts 102.72

Office Depot 1447.47

Performance Computer Forms 1228.48

Red Line Health Care 243.66

Renu International Corporation 387.20

Roche Diagnostic Systems 500.00

Shoplifters Alternatives 992.41

SKC Communication Products 224.40

Special Operations Training As 290.00

St Cloud Stamp & Sign 120.09

State of MN-General Fund 106.52

Superior FCR Landfill Inc 246.55

University of Minnesota 660.00

Wright County Highway Dept. 15925.09

31 payments less than $100 1,466.74

Final Total $351,037.31

The meeting adjourned at 10.38 A.M.

Dick Mattson, Chairperson

ATTEST:

Richard W. Norman

County Coordinator


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