WRIGHT COUNTY BOARD MINUTES
NOVEMBER 18, 2014
The Wright County Board met in regular session at 9:00 A.M. with Husom, Sawatzke, Daleiden, Potter and Borrell present.
Borrell moved to approve the 11-04-14 County Board Minutes as presented. The motion was seconded by Sawatzke and carried 5-0.
Daleiden moved to approve the Agenda as presented, seconded by Potter, carried 5-0.
On a motion by Potter, second by Daleiden, all voted to approve the Consent Agenda:
1. Position Replacement:
A. Fill Crew Supervisor Position Due To Retirement Effective 11-28-14.
B. HUMAN SERVICES
1. Position Replacements:
A. Case Aide.
B. Social Worker.
1. Position Replacements:
A. Three Deputies.
D. SHERIFF / CORRECTIONS
1. Position Replacement:
A. Corrections Officer.
On a motion by Borrell, second by Sawatzke, all voted to approve the 10-29-14 Owners Committee Meeting #1 Minutes.
Bob Hiivala, Auditor/Treasurer, requested the Tax Forfeit Committee convene. The purpose will be to set the minimum bid price for land in the City of Montrose. Daleiden moved to set a Tax Forfeit Committee Meeting for 11-25-14 at 8:15 A.M. The motion was seconded by Potter and carried 5-0.
The claims listing was presented for approval. Daleiden asked about payments to Livestream. Lee Kelly, County Coordinator, said that monthly payments will be made for the remainder of 2014. One payment will be made in January, 2015 for the 2015 Contract. On a motion by Daleiden, second by Potter, all voted to approve the claims as listed in the abstract, subject to audit, for a total of $568,921.58 with 290 vendors and 445 transactions.
Virgil Hawkins, Highway Engineer, requested approval of a Construction Management Services Contract for the new Public Works Building. Four proposals were received and reviewed by a selection team:
ICS, Inc. $515,000
Wenck Construction $548,000
The recommendation is to proceed with Kraus-Anderson for a total of $528,000 and to approve the Contract once it has been filled out and reviewed by the County Attorney’s Office. The Contract being reviewed at today’s meeting is a draft AIA document. Sawatzke said when the Jail/LEC was constructed, not-to-exceed figures were established so as not to motivate the architect and construction management firm to supply a low bid and then compensate through change orders. The County was successful with this goal and the project remained within the original bid.
Hawkins said they took that direction with the Public Works Building as well. Kraus-Anderson is at a not-to-exceed cost of $528,000 with an estimate of 4,383 hours. The selection team felt that Kraus-Anderson had included more hours than the low quote. Hawkins said the actual cost could be less than the $528,000. The maximum would be $528,000 even if more hours were incurred than 4,383. Potter made a motion to approve the Contract with Kraus-Anderson for the new Public Works Building at a cost not to exceed $528,000. The motion was seconded by Sawatzke. Sawatzke did not expect there to be many change orders on this type of facility. Daleiden asked for clarification on whether the County has an out clause in case it is decided not to proceed with the facility. Hawkins said there is language included in this Contract and also in the Architect’s Contract in case the County decides not to proceed. The motion carried 5-0.
Sawatzke referenced the preliminary costs (project costs, etc.) for the Public Works Building that were presented a few months ago. He inquired as to how much was set aside for construction management services. Hawkins said this was approximately $500,000. There is also a construction management fee by percentage that is based on a $13.1 million contract or estimate for construction. If the construction costs end up being $11 million, which it is trending toward, then Kraus-Anderson’s fee will go down about $26,000. Hawkins said all the construction management firms had different percentages. Sawatzke said if the fee is higher, then the cost could go up. He questioned how that works with the not-to-exceed figure of $528,000. Hawkins said Kraus-Anderson had hours assigned and 1% on the $13.1 million cost. Sawatzke said that leads back to his concern about motivating architects and construction managers to have things cost more because of the percentage they receive. He asked whether Kraus-Anderson’s fee will be $528,000 if the costs come in higher than expected. Hawkins said that would be the case except for the 1% in construction costs. Sawatzke said then the not-to-exceed figure of $528,000 is not accurate. Hawkins said it is based on the $13.1 million construction cost. If construction costs are at $11 million, the cost will actually be less than $528,000. Sawatzke asked if the construction manager could potentially get more than $528,000 through change orders. Hawkins replied that could occur through 1% of the construction cost over $13.1 million. Sawatzke said he is trying to remove the motivation for the project to cost more.
Sawatzke said his interpretation of the motion is that the cost is not to exceed $528,000. If there is something in the Contract that allows the cost to be higher, he thought that Hawkins needed to come back to the Board for approval. The Contract may need to be changed to reflect that under no circumstances is the cost to exceed $528,000. Hawkins said that is what it will say based on a $13.1 million contract. He asked whether Sawatzke was fine with that figure for an $11 million contract. Sawatzke said he was fine with that because at least the construction manager is not motivated for change orders. However, Sawatzke said they were told there will be a reduced cap if fewer hours are needed and the cost doesn’t rise to that amount. Hawkins said the quote was submitted based on not knowing what the construction amount would be and knowing there could be a reduction in the size of the vehicle storage building. Hawkins said the not-to-exceed figure was something that was put in so the County wouldn’t be paying extra even if the cost is less.
Sawatzke said based on the last Owners Committee meeting, it appears there will be a reduction in the size of the vehicle storage area. By taking out 12,000 sq. ft. at $130/ft., that reduces the project by $1.5 to $2 million. Hawkins said that is correct and will enable the County to save about $26,000 in fees. Sawatzke said the not-to-exceed figure of $528,000 needs to be in the Contract. If the building costs $1.5-$2 million less, it is all the more likely that they will not reach that figure. Sawatzke said he is trying to take away the motivation to bring the costs up so the firm receives a percentage of that. He said the architect’s fee would be even higher.
Hawkins presented a resolution which would approve advancing State Aid Highway Funds for the 2015 construction program up to $815,510. The resolution is required by MnDOT. Potter moved to adopt Resolution #14-70, seconded by Daleiden. Daleiden said last year the County did not use all of its State Aid funding. Hawkins said that is correct. Last year, the Hwy. 75 project received $1.2 million in federal funding so the County was fortunate to save that much in State Aid. The motion carried 5-0 on a roll call vote.
Tim Dahl, Risk Manager, asked the Board to repeal and replace Policy 702, Drug and Alcohol Use, effective 1-01-15. The current Policy was adopted in 2004. The proposed Policy will update language to meet current State standards. In the proposed Policy, Wright County will have the ability to conduct non-commercial drivers random drug/alcohol testing. Borrell asked who sets the standards. Dahl said this is by State Statute. The current Policy incorporates most of Statute but not all of it. The draft Policy encompasses the entire State Statute. Borrell asked whether State Statute requires random drug testing. Dahl responded that it does not but provides the employer the option. Sawatzke said the draft Policy would go beyond what the State requires but not beyond what the State allows. Borrell viewed the language in the draft as in addition to what State Law requires. Dahl said this is correct; random drug testing is not legally required. Daleiden said that is correct for non-commercial drivers. Commercial drivers are already subject to testing. Borrell said the County’s snowplow drivers already submit to random testing.
Borrell referred to the process the Board follows on discussing topics at the Committee level and said this type of change should have been referred to the Personnel Committee. It is a change to a Policy that will affect employees. He thought more discussion should be held at the Committee level when changing a Policy. Sawatzke said the change is being driven to a great extent at the request of the Sheriff, based on situations that have occurred in Sheriff’s Offices in other counties. Due to their roles on the Negotiation Committee, Sawatzke and Husom were aware of staff working on this Policy. Tammy Bigelow, Human Resources Director, said the next regularly scheduled Personnel Committee Meeting is in mid December. It is their hope to have the revised Policy to the bargaining units soon so they can review the language changes. Husom asked if this revision will apply County wide, allowing all employees to be subject to random testing by an outside vendor. Bigelow said that is correct. She clarified the reasonable suspicion part of the Policy is subject to all employees. For the random drug testing, they are looking at safety sensitive positions which would be a smaller group. Reasonable suspicion is already in the current Policy.
Borrell supported having the change to the Policy referred to the Personnel Committee. He did not feel it should be presented to the Board at the last minute. He said the current Policy has worked since 2004 and it will work another year. Sawatzke said he is for the proposal and there is good reason for it. However, he understands Borrell’s argument that the process should provide an opportunity to ask questions and have dialogue. Sawatzke said that he and Husom were aware staff was working on changes to the Policy, but today is the first time he has reviewed the language. Bigelow thought the direction she was given was to bring the Policy directly to the Board, but she agreed it could be sent to Committee.
Borrell made a motion to set a Personnel Committee Meeting for 11-21-14 at 11:00 A.M. for the purpose of reviewing the changes to Policy 702, Drug and Alcohol Use. The motion was seconded by Daleiden. Borrell would like the Committee to discuss the costs associated with implementation. Drug testing will have to be budgeted. He would also like discussion on how often random tests will be conducted. Those things are not in the Policy and should be addressed. Daleiden supported inclusion of the Commissioners in the Policy. Sawatzke said Sheriff Hagerty has agreed that he and his management staff should be included in the safety sensitive pool. This will provide for a fair system that does not target any specific group. Husom agreed with Borrell that the Policy does not address the specifics on the extent of testing. The motion carried 5-0.
Cheryl Sloneker and Steve Erickson of the U.S. Fish & Wildlife Service requested approval of three U.S. Fish and Wildlife flowage easements. The U.S. Fish & Wildlife Service recently secured flowage easement agreements from Lorren and Jeanne Glessing, Justin and Angela Gabbert, and David F. and Maureen Larkin Hoover, all of Howard Lake. The project is in partnership with Ducks Unlimited and will allow the installation of a subsurface pipeline on the Glessing property and a water control structure on the U.S. Fish & Wildlife Service’s adjacent Victor Waterfowl Production Area (WPA). The flowage easements will improve waterfowl production and give the U.S. Fish & Wildlife the capability to manage water levels on the WPA. The easements will also grant rights to the U.S. Fish & Wildlife Service to maintain the functionality of the pipeline.
Sloneker said part of the reason this is being requested is to control flooding on the Glessing property. The pipeline would start at the WPA and move south to the Glessing property. It will also draw down the water on the Gabbert and Hoover properties to the south. She said the three landowners are in agreement with this action.
Borrell asked whether the proposed pipeline referred to is a drain tile. Erickson said there is an existing 12” cement tile that was installed decades ago coming out of the basin which basically follows the same route of the proposed pipeline. The cement tile has failed for the most part. A new 12” PVC pipeline is proposed. Borrell questioned whether the land falls under wetland protection. Erickson said a DNR permit will be required for this project.
Erickson said the primary purpose of the project is to improve the water quality of the 50-acre wetland basin. Flooding problems on the Glessing property will be a side benefit. The water is highly degraded and there are carp, bullheads, and rough fish in it. Working with Ducks Unlimited under their Shallow Lakes Initiative, the purpose is to draw down the water temporarily to kill off the carp, allow bottom sediments to solidify, and allow aquatic vegetation to grow to hold the sediments. Other projects completed with Ducks Unlimited have been extremely positive and realized dramatic improvements. Erickson anticipates the same with this project.
In response to Borrell, Erickson said the water will drain directly into Ditch 10. Borrell questioned whether the DNR will be required to pay an assessment to Ditch 10 to for this drainage. Erickson said the water currently drains that way. Borrell asked whether the land is on the current assessment rolls. Erickson said the private land is but the federal land probably is not. Sawatzke said without a total redetermination, the County Board can’t take action to place this on the assessment rolls. Borrell said ditch law allows for some type of fee to be assessed if water is being added to a Ditch and the property is not on the assessment rolls. Potter asked whether the 12” tile is functioning. Erickson responded it is to some extent, but it is functioning poorly. That is why the Glessings have some flooding issues. Potter asked how long it has been since the tile has been worked on. He has heard of a 25-year rule and questioned how that would apply. Erickson said he is not familiar with a 25-year rule.
Kerry Saxton, SWCD, said the intent is not to change this from a wetland. The water level will be dropped, the sediment will solidify, and they will re-flood the basin after vegetation regrowth. The intent is not to change the character. It is a temporary situation. Borrell asked what time of year the drainage would occur. If it is in the spring, there is already flooding in Lake Ann and beyond. Erickson said this work is typically done in the winter months. It will be coordinated with the County/County Ditch Inspector and the Township. Draw downs are coordinated so as to not produce adverse effects. Borrell said working on this during the winter months would be fine if Ditch 10 is flowing. However, if it doesn’t flow into and out of Lake Ann, then it will raise the water level for the spring. It could add to any flooding that may be occurring at that time. Borrell asked if there is any way they could complete the draw down during a dry summer period (possibly August). He asked whether letting a 10” to 12” tile flow into Ditch 10 would allow the water to flow through Lake Ann and into 12-Mile Creek. Borrell thought it would be frozen solid. Saxton said the water would probably flow underneath to some degree. The water that is drained will probably only raise Lake Ann by inches if they drain the entire area. Saxton said this can be a controlled draw down so it can be stopped if necessary. Erickson said it will be a controlled draw down, and they are looking at construction in the summer of 2015 (possibly July). If conditions are such, they could do the draw down immediately. They will coordinate timing with County staff. Borrell said they need to be sensitive to the needs of Lake Ann.
Saxton said they would like to complete some testing on the water to determine if there is a high soluble phosphorus problem. This may be an ideal area to add a sand iron filter at the outlet structure. If the project is not completed until next summer, water samples may be obtained in the spring. Borrell asked whether that is something the DNR can comply with if that is what is recommended by the SWCD. Erickson answered yes. Borrell asked if this action will improve the water quality long term. Sloneker said it will.
Daleiden moved to approve the U.S. Fish & Wildlife Easements as requested by the U.S. Fish & Wildlife Service involving properties owned by Lorren and Jeanne Glessing, Justin and Angela Gabbert, and David F. and Maureen Larkin Hoover, all of Howard Lake. The motion was seconded by Potter. Daleiden and Potter amended the motion to include the US Fish & Wildlife Service working with the SWCD and the Ditch Inspector to come up with ways to improve the quality of the water leaving the basin. If it is high in phosphorus, a sand iron filter should be added. The motion carried 5-0.
Advisory Committee/Advisory Board Updates
1. AMC District V Meeting in Mille Lacs County. The meeting was attended by Kelly, Potter, and Sawatzke on 11-13-14. Discussion involved new policy concepts that may be in next year’s platform. Priorities were identified including transportation and issues relative to personnel.
2. Transportation Alliance Annual Meeting. Potter attended the Annual Meeting last week in Minneapolis. Discussion was based on transportation moving forward. Additional funding is needed which may be a challenge. Potter said that the Chamber of Commerce in 2008 was demanding 15% efficiencies in MnDOT. The Chamber now understands that the 15% is not attainable. He said this is a step in the positive direction.
3. GRRL. Sawatzke will attend a GRRL Meeting on 11-18-14. The focus will be to define the process for selection of a new Director. Sawatzke said his term on the GRRL will expire through term limits at the end of 2014. The GRRL meets on the third Tuesday of the month (7-8 times/year) at 7:00 P.M. in St. Cloud.
4. Extension Committee. Potter said Scott Peterson will term out at the end of 2014 and described him as a thorough and involved member. Sawatzke spoke highly of Peterson’s service on the Bertram Chain of Lakes Advisory Task Force. At the Extension Meeting, Commissioner Borrell posed a challenge to the Extension Office to set a goal of retaining more 4-H members longer than one year.
Albertville Body Shop Inc 2,921.35
Ameripride Services 710.39
AMI Imaging Systems Inc 950.00
ANCOM Technical Center 132.50
Annandale Advocate Inc 200.00
Annandale Rock Products 1,121.21
Aramark Services Inc 8,973.91
Bestfriends Veterinary Clinic 835.26
Black Moore Magnussen LTD 100.00
Bolton & Menk Inc 1,125.50
Bonk Masonry Inc/Gary 1,500.00
Braun Intertec Corporation 1,610.19
Brock White Co LLC 5,808.79
Buff N Glo Inc 135.33
Buff. Companion Animal Clinic 300.00
Buffalo Hospital 114.70
Buffalo/City of 65,576.76
CDW Government Inc 767.70
Center Point Energy 3,288.03
Centra Sota Coop. - Buffalo 27,893.26
Central MN Mental Health 595.17
Climate Air 16,015.98
Cokato Township 375.20
Comm. of Transportation 1,647.57
Computer Intelligence Assoc. 231.39
Corporate Payment Systems 1,096.86
Cottens Inc 1,047.07
Culligan of Buffalo 200.00
Dell Marketing LP 1,182.69
Diamond Mowers Inc 173.39
Doubletree/Hilton Hotel Roch. 953.68
Emerg. Comm. Network LLC 4,310.00
Expert Auto. & Towing Inc 280.00
Fastenal Company 105.84
Garage Door Store 264.00
Genes Service 319.64
Glunz Construction Septic Serv 130.00
Gopher State One Call 265.65
Grand View Lodge 1,196.65
Granite Electronics 199.00
Green Interiors 450.00
Greenview Inc 5,033.06
Greystone Construction Co 44,327.00
Hassan Sand and Gravel 320.00
Hazelden RW2 125.00
Hennepin County Treasurer 1,800.00
Hillyard Inc - Minneapolis 2,660.79
Independent Emerg. Serv. LLC 954.22
Integrated Fire & Security 9,128.65
Karels Towing 470.00
King Com Cable Networking 1,985.00
Klatt True Value Electric 104.40
Klein Heating and Cooling 117.00
Knife River Corp. - N. Central 364.13
LaPlant Demo Inc 2,097.78
Lawson Products Inc 533.96
Maple Lake Township 919.60
Marco Inc 3,452.06
Martin Marietta Materials 312.95
Martin-McAllisters Consulting 450.00
Mattson Well Company 595.00
Menards - Buffalo 962.72
Mend Correctional Care LLC 18,133.33
Meritide Inc 700.00
Metro Group Inc/The 1,374.00
Mid-Minnesota Hot Mix Inc 11,439.09
Midwest Machinery Co 1,213.77
MN Bureau of Crim. Appre. 130.00
MN Dept. of Labor & Industry 1,656.58
MN Native Landscapes 2,600.00
MNn Secretary of State 120.00
Montrose/City of 1,369.40
Morries Parts & Service Group 177.21
Mountain Stream Sports 182.03
NADA Appraisal Guides 196.00
Northern Green Expo 525.00
Office Depot 6,790.67
Omann Brothers Inc 3,208.53
Pakor Inc 246.81
Performance Kennels Inc 103.20
Powerplan OIB 1,944.27
Precision Prints of Wright Co 295.00
RCM Specialties Inc 1,889.68
Regents of the Univ. of MN 2,505.00
Rons Appraisal Service 2,392.59
Royal Tire Inc 1,611.53
RTVision Inc 6,619.00
Safelite Fulfillment Inc 227.97
Seachange Printing/Marketing 931.93
SHI International Corp 716.00
Silver Creek Township 2,345.80
Steve O Septic 300.00
Stevens Drilling & Environ. 675.00
Tactical Solutions 2,613.00
Tiburon Inc 87,150.00
Tires Plus 479.96
Traffic Control Corporation 25,779.00
Truenorth Steel 9,273.60
Truthought LLC 17,844.00
United Parcel Service 119.92
University of MN/CCE Reg. 245.00
Verizon Wireless 10,265.31
Waste Management WI-MN 2,227.38
Waste Management-TC West 422.05
Waverly/City of 441.60
West Payment Center 1,063.90
Wm Mueller and Sons Inc 172.26
Wright County Surveyor 701.75
Wright Hennepin Electric 299.40
50 Payments less than $100 2,310.33
Final total $568,921.58
The meeting adjourned at 9:54 A.M
Published in the Herald Journal Dec. 8, 2014.