Wright County Board Minutes

BOARD OF WRIGHT COUNTY COMMISSIONERS
MARCH 19, 2019
DATE APPROVED: MARCH 26, 2019
The Wright County Board met in regular session at 9:00 A.M. with Husom, Vetsch, Potter, Daleiden and Borrell present.
COUNTY BOARD MINUTES 3-05-19
Daleiden moved to approve the 3-05-19 Wright County Board minutes. The motion was seconded by Potter and carried 5-0.
AGENDA
Daleiden moved to approve the Agenda. The motion was seconded by Husom and carried 5-0.
CONSENT AGENDA
Daleiden moved to approve the Consent Agenda. The motion was seconded by Husom and carried 5-0:
A. ADMINISTRATION
1. Schedule Boy/Girl County Day For April 16, 2019
B. ADMINISTRATION
1. Approve Charitable Gambling Application Form LG220, Church Of St. Mary Of Czestochowa, Gambling Location-1867 95th St SE, Date Of Event-7-21-19 (Franklin Twp.)
C. ADMINISTRATION
1. Repeal The Wright County Transportation Employee Drug And Alcohol Policy And Replace With The Wright County DOT Drug and Alcohol Testing Policy For Commercial Motor Vehicle Drivers, Effective April 1, 2019
D. ADMINISTRATION
1. Authorize Signatures on Justice Center Category 25 Entrance Screening Equipment Contract
E. ADMINISTRATION
1. Refer To Technology Committee:
A. Enterprise Resource Planning (ERP) Update
B. Office 365 Status Update
C. IT Project Portfolio Update
D. OpenGov Contracts
F. AUDITOR/TREASURER
1. Acknowledge Warrants Issued Between February 27, 2019 And March 12, 2019
2. Approve Renewal Of 2019 Tobacco License for: Fox Hollow Golf Club (City of St. Michael)
G. COUNTY BOARD
1. Authorize County Board Members To Meet With Senator Bruce Anderson & DNR Commissioner Sarah Strommen On March 21, 2019 at 3:00 P.M., St. Paul
H. HEALTH & HUMAN SERVICES
1. Position Replacement
A. Social Services Supervisor - Licensing & Resource
B. Collection Officer - Fiscal
I. HIGHWAY
1. Approve Schedule To Receive Bids For 150th Street NW Reconstruction Project (Clearwater and Silver Creek Townships) On Friday, April 19, 2019 at 11:00 A.M. Local Road Improvement Project (LRIP); SAP 086-592-001
J. PARKS & RECREATION
1. Approve Request To Fill The Parks and Natural Resource Technician Position Vacated Through An Internal Promotion.
K. PARKS AND RECREATION
1. Acknowledge Submittal Of The Wright County Parks and Recreation 2018 Annual Report
L. PLANNING & ZONING
1. Accept And Sign 2018 County Feedlot Officer Annual Report
M. PLANNING & ZONING
1. Accept The Findings And Recommendation Of The Planning Commission For The Following Rezoning:
A. JOHN HOLTHAUS & DONOVAN LIND - (Buffalo Twp.) - Planning Commission
Unanimously Recommend Approval Of Rezoning Approximately 33 Acres From AG General Agricultural To A/R Agricultural-Residential
N. SHERIFF
1. Refer To The Personnel Committee:
A. School Resource Officer Staffing Level
B. Sheriff’s Wellness Program Initiative
TIMED AGENDA ITEMS
VIRGIL HAWKINS, HIGHWAY ENGINEER
Approve Cooperative Agreement Between Wright County And The Townships Of Clearwater and Silver Creek for the 150th Street NW Project (SAP 086-592-001)
Hawkins said this project received Local Road Improvement Project (LRIP) grant funding from the State in the amount of $750,000 with Wright County as a project sponsor. Wright County will provide fiscal administration of the project on behalf of the Townships. Potter moved to approve the Cooperative Agreement Between Wright County and the Townships of Clearwater and Silver Creek for the 150th Street NW Project (SAP 086-592-001). The motion was seconded by Daleiden and carried 5-0.
Approve Cooperative Construction Agreement for the Associated Local Improvements to CSAH 19 as part of MnDOT’s I-94 Project (from Albertville to Saint Michael)
Hawkins said this agreement outlines the construction cost and maintenance responsibilities of the local share of the I-94 improvements that will be constructed from Albertville to St. Michael. The Agreement estimates that the County cost share will be $1,300,094.00. The local County share for this project will be funded with the Local Option Sales Tax Revenue.
Potter moved to adopt Resolution #19-28. The motion was seconded by Daleiden. The Resolution carried 5-0 on a roll call vote.
MARC MATTICE, PARKS & RECREATION
Award Contracts And Authorize The Parks and Recreation Director To Develop A Contract For Project #780-332-19 Which Includes The Full Depth Reclamation, Paving, And Truncated Dome Installation For Trails At Montissippi County Park
Mattice said bids were received on 2-20-19 and reviewed at the 3-05-19 County Board Meeting. The low base bid was received from Omann Contracting in the amount of $188,355.35. The Mid-Minnesota Hot Mix bid was $192,318.20. The low bid including the alternates was received from Mid-Minnesota Hot Mix in the amount of $205,530.20. Omann Contracting bid $209,349.35 including the alternates.
The County Board requested that Mattice re-bid the alternate for concrete work to potentially realize a cost savings. Mattice said the cost to hire a contractor directly through the County for this work would total $10,284. He said the County Board has several options:
1) Move forward with the low base bid from Omann Contracting at $188,355.35 and use a separate contractor for the alternate work at a savings of $6,890.85; or
2) Proceed with Mid-Minnesota Hot Mix, who submitted the low bid for the overall project including the alternates at $205,530.20.
Mattice said if he managed the project there would be increased staff time involved for completing site preparation at an estimated cost of $2,500, with a total savings of $4,390.85. The project has a State funding portion of $87,500.
Potter moved to award the base bid to Omann Contracting in the amount of $188,355.35 and authorize the Parks and Recreation Director to develop a contract for Project #780-332-19 for the full depth reclamation, paving, and truncated dome installation for trails at Montissippi County Park and authorize the Parks and Recreation Director to work with a separate contractor for the alternate work. The motion was seconded by Borrell, and the motion carried 5-0.
BOB HIIVALA, AUDITOR/TREASURER
Approve Minutes from County Ditch #14 Public Hearing On February 26, 2019; Approve Minutes From County Ditch #29 Public Hearing On March 5, 2019; Approve Minutes From County Ditch #10 COTW On March 5, 2019
3-5-19 Ditch Committee Of The Whole Public Hearing Minutes for County Ditch 29
The following changes were made to the 3-5-19 Ditch Committee Of The Whole Public Hearing Minutes for CD 29:
• Page 3, Item 5, Other Evidence, sub-item a), lines 1 to 3 should read, “The Drainage Authority is assuming that Grover Avenue NW was the township road Mr. Workman referred to due to the fact all the landowners that signed the petition were in this area.”
• Page 3, Item 5, Other Evidence, sub-item c) should read, “Matt Detjen, Ditch Coordinator went back and looked where Mr. Schlicht’s property was located in 1986. Detjen found the parcel is currently owned by Ann Millbernd which again correlates with that portion of the ditch system, south of Grover Avenue NW, that they petitioned for partial abandonment.”
• Page 4, Item 7, Landowner comments, Jerry Tollefson, line 1 should, “The reason I am here today is if there was a partial abandonment, why am I still being assessed for administrative and maintenance fees yearly?”
Daleiden moved to approve the 3-5-19 Ditch Committee Of The Whole Public Hearing Minutes for County Ditch 29 with the above changes. The motion was seconded by Husom and carried 5-0. The Ditch Committee minutes follow:
Meeting was called to order by Vetsch at 10:30 AM.
1. Public Hearing regarding 1986 partial abandonment of CD 29
Matt Detjen gave an overview of the purpose for this hearing:
A partial abandonment took place in 1986 and our records still indicate the original ditch alignment. So, although as the Drainage Authority you will not be voting on anything today, the Drainage Authority will be acknowledging where the sections are located, that were abandoned and need to be updated in the County ditch records.
2. Brief description of Drainage Law
The County does not own the drainage systems. The systems are administered and maintained by the County. The County has easements to maintain the ditch and any repairs are assessed and then paid by the list of benefitted landowners. The list of benefitted landowners has not been updated since 1916 when the system was established.
The Drainage Authority is following MN. Statue 103E. At the time this system was established the Statue was 106B, so some processes might have changed regarding partial abandonment of a system.
3. Partial Abandonment Hearing in 1986
(a) On July 24th, 1986 a petition for partial abandonment was filed
(b) The petition does not include a legal description of tracts of land affected, but instead references Exhibit “A”.
(c) The Petition was signed by 20 landowners (there was only 20 parcels listed in the original viewers report)
(d) The minutes show the partial abandonment was approved, and that a redetermination of benefits should be ordered. The redetermination process was never completed.
4. Evidence in the Board Minutes from August 19, 1986
(a) “Roger Workman spoke in favor of a partial abandonment of a portion of the ditch system from the township road southerly. He said this portion of the ditch has been blocked and unserviceable for at least 15 years. One hundred percent of the landowners have signed a petition to have this portion closed, as it will not affect the other part of the ditch, and water is flowing in the opposite direction.”
(b) “On a motion by Engstrom, seconded by Schillewaert, all voted to approve the partial abandonment of County Ditch #29 per the Petition as presented by Roger Workman, Clearwater, MN., based upon evidence that there was no benefit to the subject properties and further evidence that any drainage flow had changed its course.”
5. Other Evidence
(a) The Drainage Authority is assuming that Grover Avenue NW was the township road Mr. Workman referred to, due to the fact all the landowners that signed the petition were in this area. This is also indicated on Exhibit “A” by the small red line they drew on the map.
(b) A letter was written and submitted at board dated June 19, 1986 by Mr. Paul Freed which reads as follows:
“This portion of the ditch intersects at a point located under a property currently owned by Jim Schlicht and heads south and affects several property owners”
(c) Matt Detjen, Ditch Coordinator went back and looked where Mr. Schlicht’s property was located in 1986. Detjen found the parcel is currently owned by Ann Millerbernd which again correlates with that portion of the ditch system, south of Grover Avenue NW, that they petitioned for partial abandonment.
6. Drainage Authority’s position as it stands today
The Drainage Authority can only maintain the portion of the ditch that is a legal part of the ditch system. Based upon the evidence presented today, from historical records, a large portion of the ditch was abandoned. Essentially everything southwest of Grover Ave. NW was part of the petition for abandonment.
Hiivala added that essentially the drainage authority will need to execute what the 1986 ruling was regarding the partial abandonment and remove those properties from the benefitted roles list. So, as the Auditor’s Office allocates additional expenses on the system, those landowners will not be included on the assessments.
7. Landowner comments
Karen Durant; 1577 Forsythe Ave NW, Clearwater MN 55320
Durant stated she has 2 parcels, one being on Fish Lake and another at 5870 157th St. NW. The system clearly flows to the lake. Durant has also been part of the lake association for some time, and added that the lake is an impaired water. The way the water flows is not a benefit to an impaired lake.
If this system was abandoned, where indicated, water clearly runs quite heavily to the lake, so has that been truly cut off from the system. It seems like that is a lot of water that is running through there. There are sink holes and areas where the system has collapsed in. Durant added that it is her understanding that there was a landowner that was part of the DNR and medicated the ditch some to create somewhat of a true wetland. If the Ditch Authority is going to abandon that area, how is it going to impact the water flow and the other landowners? Durant wanted to see proof that the water is not flowing from the lake.
Kryzer wanted to clarify the purpose of the hearing. It is simply to resolve what the ambiguity is for the partial abandonment of CD 29. County Ditch 29 was abandoned to some extent in 1986 and the historic records are patchy. The Drainage Authority needs to focus on what is before us, which is to clarify this ambiguity. The Drainage Authority does not have the authority to undo the partial abandonment. The determined area will no longer be part of the system and therefore no longer maintained.
Jerry Tollefson; 5598 150th St. NW, Clearwater, MN 55320
The reason I am here today is if there was a partial abandonment, why am I still be assessed for administrative and maintenance fees yearly?
Borrell stated if south of Grover Ave. NW is abandoned, according to the 1986 records, then that section would be removed from the benefitted roles. If a redetermination is ordered at some point, the way the rules are now, the whole watershed is viewed and assigned benefits according to which way the water flows into that system. So, you could possibly at some point be considered a benefitted landowner again.
8. Partial abandonment based off evidence
(a) CD 29 was abandoned from the southern side of Grover Ave. NW heading south, removing branches 2,3, and 4 as well as the large portion of the main trunk.
(b) Only Branch #1 and the outlet portion of the main truck are the remaining legal portions of CD 29.
(c) Wright County can only maintain the legal portions of the ditch under MN. Statue 103E.
9. Redetermining Benefits explanation
Detjen: Whenever the county board determines that the original benefits no longer reflect reasonable present-day land value or that the benefited areas have changed, the board may appoint three viewers to redetermine benefits. The viewers are accredited and disinterested messengers. By using acres, soil types, location, lidar and other factors, they determine how much each parcel benefits from the drainage system. Informational Meetings and a Public Hearing will be conducted, where the landowners can ask questions, make comments, or protest the results of the viewers’ report.
10. Staff’s Recommendation
(a) Recognize the abandonment south of Grover Ave. NW
(b) Get a quote from H2O Viewers for a redetermination on CD 29
Meeting was adjourned.
County Drainage Authority Minutes Submitted by: Janice Edmonson, Drainage Administrator
(End of 3-5-19 Ditch Committee Of The Whole Minutes Re CD 29)
2-26-19 Ditch Committee Of The Whole Public Hearing Minutes for County Ditch 14:
Daleiden moved to approve the 2-26-19 Ditch Committee Of The Whole Public Hearing Minutes for County Ditch 14. The motion was seconded by Husom, with the following changes:
• Page 2, Item 4, Vetsch opened the meeting for Public Comments, the spelling of the speaker’s name should read, “Steve Stein; 1551 10th St. SE, Buffalo MN 55313.”
• Page 3, Item 4, Response to the Petition for Abandonment under consideration, sub-item b), lines 5-9 should read, “A few years ago, the City of Buffalo did grading to improve drainage around the airport, Menards, and Trueman-Welters. All that water flows into Mary Lake. That system northeast of Mary Lake is very clean, and that water runs unrestricted into Mary Lake.”
• Page 3, Item 4, Response to the Petition for Abandonment under consideration, sub-item c), lines 2-3 should read, “So, this system definitely serves a useful purpose.”
The motion was seconded by Husom, and the motion carried 5-0. The 2-26-19 Ditch Committee minutes follow:
Meeting was called to order by Vetsch at 10:30 AM.
1. Public Hearing regarding the Petition submitted to abandon County Ditch 14
Matt Detjen gave an overview of County Ditch 14:
County Ditch 14 is in Rockford Township, it is roughly 3,100 feet in length. The County does not have great records on this ditch system. All we have is an old Platt map to refer to and the GIS layer, which may not be one hundred percent accurate. If we were to move forward, we would have to order a re-establishment of records. The system was established in 1911 and there has never been a redetermination completed.
2. Brief description of Drainage Law
The County does not own the drainage systems. The systems are administered and maintained by the County. Drainage law was created in 1976 and has changed a lot, so we are trying to appease environmental issues that were not even around when the system was established in 1911. The ditches were established for agricultural purposes. These are not soil and water systems and they were not designed to handle the inflex of water in giant rain events. They were created to drain some low land areas to make them more productive for farming.
The Drainage Authority shall maintain the systems. All fees and costs incurred from the proceedings related to the repair of a drainage system, including inspections, engineering, viewing and publications are cost of the repair and must assessed to the benefited landowners.
3. Petition for Abandoning Drainage System
The Drainage Authority is following Minnesota Statute 103E.811 Subd. 5
Abandonment hearing:
(a) At the hearing, the drainage authority or court shall examine the petition and determine whether it is sufficient and shall hear all interested parties.
(b) If a property owner assessed benefits for the drainage system appears and makes a written objection to the abandonment of the drainage system, the drainage authority or court shall appoint three disinterested persons as viewers to examine the property and report to the drainage authority or court. The hearing must be adjourned to make the examination and report. A date must be set to reconvene. The viewers, if appointed, shall proceed to examine the property of the objecting owner and report as soon as possible to the drainage authority or court with the description and situation of the property and whether the drainage system drains or otherwise affect the property.
(c) When the hearing is reconvened, the drainage authority or court shall consider the viewers’ report and all evidence offered, and:
(1) If the drainage authority determines that the drainage system serves any useful purpose to any property or the general public, the petition for abandonment must be denied; or
(2) If the drainage authority determines that the drainage system does not serve any useful purpose to any affected property and is not of public benefit and utility, the drainage authority or court shall make findings and shall, by order, abandon the drainage system.
4. Vetsch opened the meeting for Public Comments
Steve Stein; 1551 10th St SE, Buffalo MN 55313
Carol and I own about 8 1⁄2 acres south of Mary Lake and we border the marsh and County Ditch 14 for about a quarter of a mile. Our property is located on a split parcel that was originally a benefited landowner, owned currently by Greg and Diane Olson. We strongly disagree with the Petition for Abandonment of County Ditch 14. We feel it is essential for the County to continue maintenance of the system to protect adjacent properties from flooding.
Response to the Petition for Abandonment under consideration:
(a) Mr. Stein and his wife believe that County Ditch 14 is a substantial public benefit and utility. It is essential to agriculture properties in that drainage basin. When you look at Wright County plat maps from 1902, it clearly shows there is a stream running out of Mary Lake. It runs to the south for about 2 1⁄2 miles and eventually flows north to the Crow River. The maps also show that Mary Lake was a much smaller lake in those days, about a 1⁄2 mile lake difference smaller then it is now. Gilberts have 40 acres under water and that is with the ditch system. When that land was purchased years ago, that land was pasture. Over the last 150 years that has changed.
(b) County Ditch 14 is part of a large agriculture drainage system. There is about 9 square miles of agriculture land, northeast of Mary Lake that drains into the lake. County Ditch 17 drains into a stream system that flows into Mary Lake. An engineering study was done by the City of Buffalo, showing that about 5,700 acres flows into Mary Lake and is part of the watershed. A few years ago, the City of Buffalo did grading to improve drainage around the airport, Menards, and Trueman Welter’s. All that water flows into Mary Lake. That system northeast of Mary Lake is very clean, and that water runs unrestricted into Mary Lake.
(c) There is about 450 acres of agriculture land on the southeast and southwest corners of Mary Lake that flow into County Ditch 14. So, this system definitely serves a useful purpose.
(d) In the petition it states that if the ditch system was improved, it would drain the lake. That is not a true statement. What sets the level of Mary Lake is a culvert under 10th Street. Mr. Stein added that he had a survey company come out and measure that.
Andy Burgdorf; 1812 State Hwy 25 SE, Buffalo MN 55313
Essentially the ditch system has already been abandoned, in that it has not been maintained and is not working. That is why the lake has been expanding and is evidence that the system is not working. The benefitted landowners are not petitioning that the system be dammed up, we know that it would be a stream as it is currently functioning, which could be under the jurisdiction of the DNR, which is State funds. If it is DNR, because the lake is DNR and the stream to the south is DNR then Wright County is kind of stuck in that they would need to get permission from the DNR, which would add additional permitting costs. Burgdorf added that he had spoken with Wright County Soil and Water and they have no interest in the system. Burgdorf had gone to the United States Department of Agriculture (USDA), which have no interest in the system. Lastly, Burgdorf just wanted to mention again the enormous unfairness of the current list of benefited landowners.
Potter moved to approve hiring viewers to examine the property and report to the drainage authority. The motion was seconded by Daleiden.
Ted Vanderpan; Senior Pastor representing Zion Lutheran Church as benefited landowners
Mr. Vanderpan stated that he would like clarification on the process. If this petition were to be retracted and there was a redetermination of benefits ordered, would all of those who benefit from the redetermination be assessed the cost?
The commissioners all reassured Mr. Vanderpan that if a redetermination were to be ordered, the new list of benefited landowners would be assessed the cost of the redetermination and any future repairs or re-establishment of records.
Mr. Burgdorf stated that there were enough benefited landowners present who have agreed to retract the petition, with the understanding that a petition for abandonment can be brought back later if so desired.
5. Recommendation from Legal Staff
Kryzer recommended to resend the motion to hire viewers and adjourn this matter to a later date. Once we get it in writing from the benefitted landowners to resend the petition we can adopt a resolution resending the petition for abandonment. Next, we need a motion to adjourn this meeting and table the discussion until a further date.
Once we adopt the resolution, at that point and time, it is my guess, that the County Auditor will come forward to the board with an estimate from H2O Viewers to determine what the actual costs would be to redetermine the benefits on this system. We are also going to have to establish a process of re-establishing the records with Houston Engineering. This process will probably take a least a year to complete and cost anywhere from $10-$30 grand to do that. After that process and the public hearing is complete for the re-establishment of records, then the viewers would complete the process of a re-determination. So, you are probably looking at August of 2020 before the re-determination process can happen. No repairs would be able to be completed until approximately 2021 or 2022.
Potter moved to resend his motion to hire viewers to examine the property and report to the drainage authority. The motion was seconded by Daleiden.
Potter moved to close the Public Hearing. The motion was seconded by Daleiden and carried 5-0.
County Drainage Authority Minutes Submitted by: Janice Edmonson, Drainage Administrator
(End 2-26-19 Ditch Committee Of The Whole Minutes Re CD 14)
3-5-19 Ditch Committee Of The Whole Minutes for County Ditch 10:
Borrell moved to approve the 3-5-19 Ditch Committee Of The Whole Minutes for County Ditch 10. The motion was seconded by Daleiden and carried 5-0. The minutes follow:
Meeting was called to order by Vetsch at 1:00 PM.
1. Mark Origer, Civil Engineer from ISG, presented proposed options for improvement to County Ditch 10
Three different options of the proposed model were run with slight variations. Each model has the legal cleaning of the entire system with no work between CSAH 5 and Grass Lake. Hess and Sieg Lateral was also cleaned to the reestablished of records depth and width. The year on the end of the model represents which storm event was modeled. For example, 2-year storm event is equivalent to 2.79 inches, 10-year = 4.15 inches and 25-year = 5.15 inches of rainfall over 24 hours.
The Brose Pond storage is kind of right in the middle of the system and that is the one we are going to talk about today. It does have a significant benefit to the system, from a drainage perspective.
2. Description of the model
The model that ISG put together is a professional model, so it models the soils, rain fall, run-off, open channel, and ponds. The 10-year frequency is the model ISG will show on the PowerPoint presentation today, so that is just over a four-inch rainfall.
The model simulates existing conditions based on 2017 and 2018 topographic survey. Culverts were modeled as they were surveyed with many culverts having backfill and being high or low compared to the legal grade. The maintained level of Lake Ann was set at 986.87 which is the ordinary high-water elevation and Lake Emma was set at 986.32. This was verified from the topographic survey.
The model compares the existing conditions to the legal conditions, which is cleaning all channels determined in the reestablishment of records. This included lowering culverts to the legal grade. The channel between Lake Ann and Emma was left as existing conditions.
3. Proposed options
(Hempel-Brose) – 10-acre storage pond with the inlet at the downstream end of Hempel Lateral open ditch and outlets into the mainline open ditch just upstream of the intersection of the Hempel-Mainline.
Channel between Lake Ann and Lake Emma will be cleaned to an elevation of 984.92 ft. and a bottom width of 20 ft. This elevation remains the same as the existing low point of the channel.
No work proposed on the outlet channel of Grass Lake.
4. Other Discussion
Borrell stated that he had recently spoken with Mr. Brose and his questionable items regarding the completion of the project are:
1. The compensation for the land
2. Would he still be required to pay taxes on the property?
Mr. Brose doesn’t want to get a lump sum payment and then must continue to pay property taxes on it. Kryzer’s recommendation would be to have the County own that property, which then would eliminate Brose from having to pay taxes on the land. Origer added that the other way he has seen it done is just like the buffer acquisition and the physical ditch footprint itself. Where the drainage authority would have the easement around the whole thing but then it gets reassessed for a $300 per acre tax benefit.
Grass Lake:
Borrell asked about putting a structure in on Grass Lake, to lower it one foot, but then allow it to bounce up to two feet. Origer explained that the flow to Grass Lake, after you clean out the down stream areas, there is so much more water. You could have zero outflow from Grass Lake and you are still going to have the increased downstream because the difference between existing conditions and cleaning the ditch system is so significant. Borrell felt something needs to be done with Grass Lake, as it is not an exporter of the phosphorous and it is not a clean lake. Origer added that hydraulically the amount of water coming from Grass Lake does not add up to what is downstream, and it impacts the main line differently.
5. Recommendation from staff
Move forward with the Hempel-Brose 10-acre storage pond.
Meeting was adjourned.
County Drainage Authority Minutes Submitted by: Janice Edmonson, Drainage Administrator
(End of 3-5-19 Ditch Committee Of The Whole Minutes For CD 10)
Approve The Resolution Finding And Order Correcting Drainage System Records And Confirming Partial Abandonment For Wright County Ditch #29
Hiivala said the resolution would reaffirm where County Ditch #29 ends. Daleiden moved to approve Resolution #19-29. The motion was seconded by Husom and carried 5-0 on a roll call vote.
Approve The Findings Of Fact And Order Regarding Redetermination Of Benefits For County Ditch #29; Approve The Viewing Professional Services Contract With H2Over Viewers, LLC For Redetermination Of Benefit And Grass Strip Acquisition On County Ditch #29 At An Estimated Cost of $4,000.00
Daleiden moved to approve the findings of fact and order regarding redetermination of benefits for County Ditch 29. The motion was seconded by Borrell, and the motion carried 5-0. Detjen clarified that the $4,000.00 cost is just for redetermination of benefits.
Reschedule Public Hearing For The Redetermination Of Benefits On County Ditch #10 From April 2, 2019 At 10:30 a.m. to April 2, 2019 at 1:30 p.m
Husom moved to reschedule the public hearing as requested. The motion was seconded by Borrell and carried 5-0.
Schedule Public Hearing On County Ditch #10 For The Engineer’s Report On The Storage Treatment Pond, Also Known As The “Brose Holding Pond”
Detjen said the purpose of the public hearing is to inform landowners of the engineer’s report regarding the storage treatment pond on County Ditch 10. Daleiden moved to schedule the public hearing on 4-10-19 at 1:30 P.M. The motion was seconded by Potter and carried 5-0.
Approve February Revenue/Expenditure Budget Report
Potter moved to approve the February Revenue/Expenditure Budget Report. The motion was seconded by Daleiden and carried 5-0.
Authorize The Private Sale Of Tax Forfeited Properties On Friday, April 19, 2019 At 1:00 p.m.; Approve Conditions For Sale
Hiivala said his staff has reviewed these landlocked tax forfeit parcels that are earmarked for private sale only. A list of the parcels and any conditions is included in the meeting packet. Brian Asleson, Chief Deputy County Attorney said the County can either hold a public auction or a private sale. When there is a private sale, the adjoining landowners are notified. There is a minimum bid price for each parcel. Written and sealed bids are turned into the Auditor / Treasurer’s Office.
Daleiden moved to authorize the private sale of tax forfeited properties on Friday, 4-19-19 at 1:00 P.M. and approve conditions for the sale. The motion was seconded by Potter and carried 5-0.
Approve Resolution Requesting The State Of Minnesota Convey Tax Forfeit Parcel 118-038-000011 To Wright County
Hiivala said this parcel would benefit the County Highway Department. Asleson said this parcel is just a block or two west of CSAH 39 and 42 in Otsego. The City vacated it some years ago.
Daleiden moved to adopt Resolution 19-30. The motion was seconded by Potter and carried 5-0 on a roll call vote.
ITEMS FOR CONSIDERATION
3-13-19 FINANCE/CIP COMMITTEE MINUTES
Daleiden said some funds budgeted in 2018 must be carried forward to 2019 since the expenditures did not occur for reasons outside of the control of the affected Departments.
Daleiden moved to approve the 3-13-19 Finance/CIP Committee Minutes and recommendations, including scheduling a Finance/CIP Committee meeting on 4-10-19 to review draft financial policies. The motion was seconded by Husom and carried 5-0. The Committee minutes follow:
I. CIP Amendments
Sue Vergin, Assistant County Administrator, said there are a few modifications that requires shifting dollars to review. She distributed two spreadsheets:
• Wright County Capital Improvement Plan (CIP) 2019-2023; and
• Wright County Capital Improvement Funding Plan 2019 – 2023 (see attachments).
Vergin said the first amendment is related to the Information Technology (IT) Department to adjust for Office 365 licensing upgrades. They needed an additional $119,369 to upgrade the licensing. This amendment would reallocate dollars within their budget and not increase it.
Vergin said the only other amendment is with the Parks Department, which involves carrying over projects that weren’t completed in the year budgeted. This amendment is neither shifting budgetary allotments nor adding any new projects.
Vergin said that she and Lindsey Meyer, Assistant Finance Director, have been working on finance policies for four months. They now have them in draft form. After Bob Hiivala, Auditor/Treasurer, and Lee Kelly, County Administrator, review it, the draft Finance Policy will be reviewed at another Finance / CIP Committee meeting.
Meyer handed out a two-page document titled, “Budget Amendment Form 2018 and Budget Amendment Form 2019” (attached). She said an all-encompassing policy is needed.
Vergin said another column was added to the CIP spreadsheet to provide costs incurred to date. The goal is for the Finance / CIP Committee to meet more than once or twice a year.
II. Budget Carry Forwards
Meyer said circumstances can occur that a Department cannot control, such as an expense budgeted in 2018 that was not received in that year but will be delivered in 2019. Meyer said the request is to increase the 2019 budget by the exact amounts not spent in 2018 to accommodate these transactions. For example, the Sheriff’s Office ordered automated external defibrillators (AEDs) to be delivered last December, which have yet to arrive. Mattice said the Parks Department is waiting for a grant award for grading the Bertram Regional Park campground. Kelly said it is important that the carry forward items were budgeted, and the County paid for a service or product that was never delivered in 2018. He did not want the budget carry forward process to be used in cases where a Department Head underbudgeted.
Meyer said the Budget Amendment Forms for 2018 and 2019 include items the Auditor / Treasurer’s Office, Vergin, Kelly, Hiivala, felt justified to move from the 2018 to the 2019 budget. In conjunction with this process, Meyer said Vergin, Hiivala, Kelly and she have drafted proposed rules regarding situations that qualify for a budget carryover. Budget carry forward requests would be identified annually. The rules would reside under the “Operating Budget Policy” of the Finance Policy book and must be met for requests to be considered. The proposed rules are:
1) The reason for the carry forward request must have been budgeted in the previous year;
2) The amount requested must not exceed the available budget of the line item;
3) The amount must have been committed to by December 1, either by purchase order or contract;
4) Circumstances beyond the Department’s control must exist;
5) All carry forward requests must be approved by the County Board.
Vergin said the goal is to get revisions of the draft Finance Policy to the Commissioners by 3-29-19.
Recommendations:
Approve the following at the 3-19-19 County Board Meeting:
A) CIP Amendments
1) Shift Technology funds to allow an upgrade for Office 365 security licensing.
2) Identify the carryover of funds for Collinwood and Otsego Parks projects that have not yet been completed.
B) Approve Budget Carryovers per the described proposed rules.
C) Schedule a Finance CIP Committee meeting for 4-10-19 to review Draft Finance Policies.
Minutes submitted by Deb Schreiner, Administrative Specialist.
(End of 3-13-18 Finance/CIP Committee Minutes)
3-13-19 PERSONNEL / EMPLOYEE RELATIONS COMMITTEE MINUTES
Husom said Health & Human Services requested a temporary extension of part-time staffing hours for a Social Worker from 20 to 32 hours per week through 5-17-19.
Husom moved to approve the 3-1-19 Personnel / Employee Relations Committee Minutes and recommendations. The motion was seconded by Borrell and carried 5-0. The Committee minutes follow:
I. REQUEST FROM HEALTH & HUMAN SERVICES (HHS)TO TEMPORARILY EXTEND PART-TIME STAFFING HOURS FOR SOCIAL WORKER VANBEUSEKOM FROM 20 TO 32 HOURS PER WEEK THROUGH MAY 17, 2019
Social Services Manager, Michelle Miller explained that HHS came to the committee on July 25, 2018 requesting to increase work hours for two (2) part-time employees from 20 to 32 hours per week through March 30, 2019. The Board approved this request on July 31, 2018. Miller explained that only one (1) part-time employee decided to increase their work hours from 20 to 32 hours per week, beginning in September 2018. Miller is requesting to continue the increase in work hours through May 17, 2019. This will allow for the continuation of staff training and to assist in bridging the gap with the school resource placements.
Commissioner Christine Husom asked which grades are the school resource being used for? Miller responded mostly in the middle and high schools.
Commissioner Mark Daleiden asked if it would affect the HHS budget. Assistant Human Resources Director, Lori Pawelk commented that there has been quite a bit of turnover in this department with vacant positions taking some time to fill. This has resulted in some savings in personnel costs. However, we are currently fully staffed at the social worker positions.
Commissioners Husom and Daleiden agreed that approving the extension of the part-time hours would be positive.
RECOMMENDATION: APPROVE TO TEMPORARILY EXTEND PART-TIME STAFFING WORK HOURS FROM 20 TO 32 FOR A SOCIAL WORKER THROUGH MAY 17, 2019.
Respectfully Submitted,
Kathleen Brannan-Merritt
Administrative Specialist
(End of 3-13-19 Personnel / Employee Relations Committee Minutes)
2-27-19 TECHNOLOGY COMMITTEE MINUTES
Vetsch reviewed the minutes. Regarding the Enterprise Resource Planning (ERP) item, Vetsch said the Committee will be selecting a vendor by late May or June. Kelly said he would be coming to the County Board with additional information to review prior to that time. Kelly said the Committee felt it important to outline the rationale behind their recommendations before seeking County Board approval of the vendor, and then they would begin negotiations. Vetsch said there was discussion regarding implementation. Time commitments range from 12 to 24 months or longer.
Daleiden moved to approve the 2-27-19 Technology Committee Minutes and recommendations. The motion was seconded by Potter and carried 5-0. Husom invited the public to go over the list of Information Technology (IT) highlights of accomplishments in 2018. She commended the IT team. The Committee minutes follow:
I. Enterprise Resource Planning (ERP) Update
ERP was presented by Lee Kelly, County Administrator. ERP Vendor Demonstrations were presented during the weeks of February 11th and 18th, SAP, Oracle, and Tyler were the vendors chosen to present. Staff members present were shown the full capability of each vendor’s ERP, showcasing a lot of potential for the County. The commonality of the ERP’s were efficiencies in budgeting and financial management. The next steps are planned technical discussions with each vendor. No vendor was eliminated yet as the scoring was relatively close. Commissioner Vetsch questioned the pricing for plugin applications. Response was that each vendor has differences in implementation which has created price point differentiation. Scoring is also being evaluated based on support and reference checks with local government agencies. It was also discussed how each vendor has a slightly different view on implementation. All vendors stated the time commitment will be within a 12 to 24 month time span for completion of the core functions. One has an implementation style of the Big Bang, with a switchover happening all at once, this would minimize duplicate entries, but staff must be fully prepared for the change. The two others have more of a gradual change over, which staff were concerned with duplicate entries in multiple systems. Kelly also stated that any switch over as well as general ERP project work will have to be considered in regard to other business processes and projects, such as budgeting season and building moves (Justice Center). Each vendor also indicated that the design and testing of the ERP applications will require considerable involvement of our County Staff. Commissioner Daleiden questioned if our County Staff are available and are ready for ERP? Kelly responded that already throughout the project a lot of staff time has been devoted to ERP, even outside of IT, Administration and several County Department Finance teams have committed many hours to the project. Their commitment will be needed throughout the process of design, testing, and implementation of ERP. He also noted that they will need to do their regular jobs as well, that we can’t just pull staff and dedicate them to the ERP project. The ERP Core team will be analyzing the scores and technical responses to present an ERP Vendor recommendation to the Board.
RECOMMENDATION: Informational Only. Still on track to discuss ERP with Board by end of April.
II. Office 365 Status Update
Cheri Nelson, IT Manager, directed that the Office 365 project is presently working on a proof of concept of Microsoft EMS, Enterprise Mobility & Security, and Intune. This process involved a security review which has led to implementation of several security features. The next step is working on MFA, Multi-Factor Authentication, testing and development. MFA provides additional sign-in security measures to get access to the County network. MFA is utilized when a staff member accesses our network when out in the “world”, such as working with clients, at a conference, etc. Todd Hoffman, Sheriff’s Office, questioned the usage of other MFA products within the County. The response was that the uses are still being researched, but that VPN, Virtual Private Networks are also being looked at for the long term. The O365 project will continue to focus on EMS, InTune, and MFA.
RECOMMENDATION: Informational only.
III. IT PROJECT PORTFOLIO UPDATE
Britta Holland, IT staff, presented the 2018 Information Technology Year in Review. See attached document for presentation. Members present were very interested in the Impact slide showing both Citizen and County Staff project highlights.
RECOMMENDATION: Informational Only. Commissioner Vetsch requested to provide County Communications Specialist Julie Fasching with the presentation.
IV. CIO Survey Results
Pat Spaude, IT Manager, presented the Infotech Information Technology Survey results. The survey was distributed to County leadership in all departments requesting feedback on their thoughts of how the IT department is doing meeting satisfaction levels, technology needs, providing services, etc. See attached presentation for more details. Spaude noted that there was a 49% completion rate, a higher rate was desired, but the survey still provides valuable data to allow IT to create a strategy to assist departments in meeting their own objectives. Discussion brought up that the survey wasn’t anonymous so perhaps some staff members did not provide a full disclosure of what their thoughts were, or why some didn’t respond in general. It was also asked how questions were categorized and what items fall under various core services, as well as what comments were received. The survey provided a lot of information but questions of its validity as a survey were brought up. IT will be using the survey results to meet with departments to review satisfaction and needs.
RECOMMENDATION: Informational Only.
Respectfully submitted, Jennifer Rasset
(End of 2-27-19 Technology Committee Minutes)
3-12-19 COUNTY BOARD WORKSHOP MINUTES
Kelly said the topic was Commissioner Web Pages and Social Media. Julie Fasching, Communication Specialist, gave a presentation on what other county elected officials are doing on social media and web pages. A draft Commissioners and Social Media Best Practices document was written. Discussion was productive and resulted in a general direction in which to proceed. Kelly said there will be more on this topic in the future.
Daleiden moved to approve the 3-12-19 County Board Workshop minutes. The motion was seconded by Borrell and carried 5-0. The next workshop will be scheduled on 4-09-19 at 10:00 A.M. Daleiden said he will not be able to attend. The Workshop minutes follow:
I. Commissioner Web Pages and Social Media
Fasching presented information on communication through web pages and social media, and a “Commissioners and Social Media Best Practices” draft (attached). Discussion included use and management of the various forms of social media and data retention.
(End of 3-12-19 County Board Workshop Minutes)
ACCEPT DONATIONS BY RESOLUTION
1. Mellisa Abrahamson $1,000.00 for Memorial Bench
Borrell moved to adopt Resolution 19-31 Accepting a donation from Mellisa Abrahamson in the amount of $1,000.00 to be set aside in the Robert Ney Regional Park Fund for the purpose of purchasing and installing a memorial bench. The motion was seconded by Daleiden and the Resolution carried 5-0 on a roll call vote.
2. Melanie Leckey $100.00
Borrell moved to adopt Resolution 19-32 accepting a donation from Melanie Leckey in the amount of $100.00 to be set aside in the Robert Ney Regional Park Fund for maintenance and improvements to the equine trails at Robert Ney Regional Park. The motion was seconded by Husom, and the Resolution carried 5-0.
ADVISORY COMMITTEE / ADVISORY BOARD UPDATES
1. Parks Advisory Board: Daleiden referenced the Parks and Recreation Annual Report under Consent items in this County Board meeting packet. They surveyed ash trees for Emerald Ash Borer infestation in immediate use areas of the parks. There are approximately 14 trees that are infested that will be taken down. Different trees will be planted. The Parks Advisory Board will plan how this issue will be addressed over the next ten years.
2. Mental Health Advisory Council: Daleiden said the Council discussed the shortage of beds, especially for youth. The Central Minnesota Health Center is working with Wright, Sherburne, Stearns and Benton Counties to fund fifteen beds through a State program that was approved last year.
3. MNLARS: Daleiden said that new vehicle titles are issued immediately at the DMV to replace a lost one versus waiting six or eight weeks for a replacement.
4. Crow River Organization Of Water (CROW): Borrell said the director of the organization is resigning. They wish her well. With the implementation of the One Watershed One Plan, the CROW will be having a special meeting to consider the future of the organization and whether to replace the director position.
5. Health & Human Services: Borrell said he and Husom attended a meeting there last Thursday and heard a presentation from Safe Families For Children. It is a private organization to help families get them back on their feet, so they don’t have to use the system by using resources in the community. However, they do utilize resources from Health and Human Services. More information is available at https://safe-families.org. Husom said it keeps children out of the foster care system. Anoka County is already involved.
6. Turn Steering Committee: The process evaluation form was discussed at the last meeting. They also saw a film on how addiction affects people. Husom said it is a great program that mentors people to help them succeed.
7. Public Works Labor Management: Husom said there is no salt in the State. They purchased an ice slicer to cut it in two and spread it further.
8. Safe Communities of Wright County: Husom said their director of eighteen years has resigned. They will be looking for a new person to take that position.
9. Statewide Distracted Driving Enforcement / Statewide Seatbelt Enforcement: Husom said April is Distracted Driving Enforcement Month, and May is Seatbelt Enforcement month.
10. AIS Advisory Committee: Husom said they met and have a punch list of items to address.
11. Vetsch said he testified before State lawmakers last Tuesday regarding Senate File 1708 which is a bill regarding State-assessed properties and finding governments harmless. On Wednesday, Vetsch came back to testify on Senate File 1901 regarding the process by which the Department of Revenue uses regarding administrative reviews and State-assessed property and trying to get their timeline to mesh more with that of the County and local governments.
Vetsch said both committees went well. There is more to come.
12. Greg Kryzer, Assistant County Attorney: Krzyer provided updates on a couple of bills that are currently before the State Legislature, that, if passed, could have a significant impact on the County budget. House File 1971 and Senate File 2155 that would eliminate civil forfeitures. The bills take away any cost sharing that law enforcement and the Attorneys Office would receive out of those forfeiture funds.
The County Board recessed at 10:17 A.M. and reconvened at 10:30 A.M.
PUBLIC HEARING REGARDING ORDINANCE AMENDMENT 1902, WRIGHT COUNTY WATER SURFACE USE ORDINANCE
Kryzer gave a brief overview of the Ordinance. He said the County Attorney’s Office represents the County Board. It does not establish County policy. The Attorney’s Office does not take a position for or against the Ordinance. The duty of the Wright County Attorney’s Office is to draft the proposed Ordinance Amendment and to assist in facilitating a discussion. He referenced Ordinance Amendment Number 19-2, including additions 2A, 2B, and 2C.
Kryzer reviewed:
• The lakes to be included the Amended Ordinance (Bass, Cedar, East and west Lake Sylvia, Granite, Lake John, Moose, Maple, Sugar, and Pleasant Lake);
• The criteria for the Self Inspection Exemption;
• Amendment 19-2A and how it relates to family or household members;
• Amendment 19-2B regarding permitting up to four pieces of water-related equipment;
• Amendment 19-2C allowing lake service providers to register through the exemption program.
Kryzer said in the event the Commissioner of the Minnesota Department of Natural Resources does not approve this program by 4-15-19, the Ordinance is automatically repealed.
Heidi Wolf, Invasive Species Unit Supervisor, Minnesota Department of Natural Resources (DNR), said the Ordinance is not related to approval of the Wright Regional Inspection Program (WRIP). The Ordinance is not enforced by DNR watercraft inspectors or enforcement officers. The Ordinance is separate. The State Statute is where authority is delegated to the County. That enables the County to implement the program. The Ordinance was added because the County was seeking to add a penalty. There is currently no penalty in the State Statute.
Vetsch opened the Public Hearing.
Kevin Farnum, Koronis Lake Association:
Farnum manages all Aquatic Invasive Species (AIS) activities such as Starry Stonewort. Farnum said Starry Stonewort infestation of Lake Koronis is unbearable in shallow areas and prevents people from using the lake. It continues to spread and is a high priority. The lake association spent $90,000 in 2016 to manage just 11 acres of the lake. In 2017 they spent $70,000 to repeat the treatment. In 2018 the lake association treated 200+ acres and spent $270,000. In 2019 they are looking at managing 118 acres at an estimated cost of $180,000. That does not count the inspection programs they implemented which last year cost $83,000 for the whole watershed. The association is struggling with finances. He encouraged the County Board to utilize the full potential of the Ordinance with more lakes and to continue enforcement.
Jeff Stabnow:
Stabnow is from Ottertail County and is on the Ottertail County Task Force for AIS. He previously lived in Annandale, Lake Tahoe, and Missoula. Tahoe has mandatory inspections, others have managed inspections. He said the County is making good progress with the least inconvenience to traveling boaters. The Ottertail County Task Force is watching the County’s progress and is considering similar steps.
Blaine Barkley, Greater Lake Sylvia Association:
Barkley distributed a list of Minnesota lakes with invasive species infestation. He said there are 18 public parks that are either on lakes or rivers, and none of those parks have any protection from AIS. There are 50 lakes in Wright County with AIS. There is a new AIS called Flowering Rush in Maple and Granite Lakes. Barkley’s handout also showed a color map illustrating AIS in the County in 1993 and another in 2015. AIS had spread to the entire County by then. Barkley said the County has more AIS than any other lake in Minnesota by lake surface area.
Mary Wetter:
Wetter is on the Wright Soil and Water Conservation District Board. She lives in Rockford Township. She noticed that the County Board authorized attendance at a meeting with Senator Bruce Anderson and DNR Commissioner Sarah Strommen. She asked about the purpose of that meeting. Potter said the meeting is to let her know what is going on here and get her explanation of DNR rules and statutes, and how the State and County can work through this to achieve clean lakes.
Mark Johnson:
Johnson owns property on Sugar Lake. He supports the County’s efforts. He said this is a real problem that needs to be addressed. He asked how the personal certification would work. Vetsch replied that they hope to have classes starting 4-20-19 if the DNR approves the program by 4-15-19. The cost has not been determined yet. He estimated $20-$40 for the class. There was discussion regarding potential placement of certification decals.
Mike Raiche, Maple Lake Property Owners Association:
Raiche said he and others were present in support of this program. They urge the County Board to work with the WRIP program to manage AIS. The Maple Lake Property Owners Association is not trying to block lake access. He thanked the County Board for their leadership on this issue.
Dave Boie:
Boie is a resident of Pleasant Lake and on the Pleasant Lake Improvement Association board. He said the program is not perfect, and that neither the County nor the DNR have the money to combat AIS totally. Lake associations and fishing communities are stretched to the max. Cost efficiency is key. He has looked at other programs, and they don’t stack up to the cost efficiency of WRIP.
Peter Pesheck:
He and his wife own property on Granite Lake and he has volunteered with WRIP since 2017. Pesheck is a retired scientist and focuses on understanding the spread of AIS and enhancing decontamination methods. He said the County needs this program as well as support from the DNR. The program is imperfect. It must be a two-way street. Users need to know how the program works. The Granite Lake Association has voted to become a part of WRIP. He urged the County to implement AIS risk reduction in steps. People need to take this personally.
Chris Hector, President, WRIP Coalition:
Hector expressed gratitude for the work done in the last six months with the County Board and the AIS Advisory Group. He believes the group has good science and technology and the County has an opportunity to share something which can help combat AIS. County support for the Ordinance Amendment for another year allows WRIP to do things they couldn’t do last year. A few innovations have already been accomplished to make the program better. He urged the County Board to approve this amendment and move the program forward.
Doug Flatz, Member, Moose Lake resident, and member of WRIP:
Flatz said WRIP has a long-range impact. It is a learning project to reduce the odds that AIS will spread. The regional inspection process needs to be improved.
Connie Crane, Bass Lake Association:
Crane said the lake association is very interested in joining WRIP. Prevention is far more cost effective than treating invasive species. She encouraged the County Board to enlarge the program.
Karen Lohn, Cedar Lake Conservation Club:
She thanked the County Board and the WRIP Coalition for listening and responding to the AIS issue. She said Cedar Lake is on board and committed for the long-term, including financially.
Joe Schneider, MN Coalition Of Lake Association:
Schneider said he is thrilled the County Board is going to meet with the DNR Commissioner. He is extremely concerned about the self-inspection aspect of the Ordinance. That has been the DNR’s practice, and it is not effective. He is also very concerned about the amendment that allows a disconnect between the person who does the training and the water craft. There are family members who can launch the watercraft. Vetsch said family members must go to the self-certification class as well. Schneider also expressed concern that the Ordinance is null and void if the DNR does not approve the 2019 program by 4-15-19. He urged the County Board to have a back-up plan in the event the program is not approved.
Alicia O’Hare, Wright Soil and Water Conservation District:
O’Hare clarified that if the DNR doesn’t approve the program by 4-15-19, the WRIP cannot operate inspections at all, not even on the initial three lakes. The previous approval was only for 2018. Some things are being put into place so that there would be some at-the-ramp inspections in the event the DNR does not approve the program by 4-15-19. WRIP would have to modify their contract to employ inspectors.
Scott Radtke, Sugar Lake:
Radtke applauded the effort of the County to move forward with WRIP. One of the challenges he sees is that the nine lakes involved all have AIS. The program requires boaters to be inspected before they enter the lakes, but not when they leave. He hoped this practice changes to an exit versus an entrance inspection program to avoid the spread of infestation.
Potter said the goal is to keep the introduction of Starry Stonewort out of the lakes. Ultimately, they would like to implement exit inspections as well.
Brandon Deo, Maple Lake:
Deo said washing boats before they enter the lake doesn’t do much. The construction on Highway 55 will be a major inconvenience this summer for those who live in Maple Lake and have to take the side roads to Annandale and back.
Chuck Gardner, Lake Ida Association and Lake Monitoring Person:
Gardner agrees with exit inspections. Severely infected lakes with Starry Stonewort should be the focus on inspection strategy. He commends the Board for adopting nine new lakes. H asked how future lakes could join WRIP.
O’Hare said they are currently considering lakes within a fifteen-minute drive time including all ramps in that radius which could be part of an Annandale inspection station. Potentially there are 30 ramps and 27 lakes. The financial contribution would be relative to load.
Chris Hector:
Any lake can become an associate member for $25. It gets associations entrance to discussions and support with other lakes who have gone through the process, as well as working with the community. Hopefully one of the objectives this year is to look at smaller footprints and how to administer another regional inspection station.
Russ Fortner, President, Lake Sylvia Association:
Fortner said the Association is behind this Amendment and the WRIP. He saw Lake Koronis. If a child were to fall into those weeds, they would drown. The program must be promoted. He is not in favor of everything. Something is better than nothing.
Mike Moore, Montrose:
Moore has a degree in biology and environmental science. He urged the County Board to look at Environmental DNA testing of all the lakes that have a public access to acquire a baseline of what has been there and what could reoccur. Nutrient load and possible climate changes could trigger new growth or regrowth of these species.
Potter moved to close the Public Hearing at 12:00 P.M. The motion was seconded by Daleiden and carried 5-0.
Husom moved to adopt Ordinance Amendment 19-2, Including Amendments 2A, 2B, and 2C. The motion was seconded by Potter. The Ordinance follows:
ORDINANCE AMENDMENT NUMBER 19-2
THE COUNTY BOARD OF WRIGHT COUNTY HEREBY ORDAINS:
AMENDMENTS TO THE WRIGHT COUNTY RESTATED AND REVISED CODE
Article I – Water Surface Use, Chapter 131
Sec. 1
Section 131.07 is amended as follows:
§ 131.07 – INSPECTIONS FOR AQUATIC INVASIVE SPECIES
(A) Purpose and Intent. The County of Wright finds that the uncontrolled spread of aquatic invasive species (“AIS”) poses an imminent and irrevocable threat to the water resources, property values, enjoyment and habitability of the community. Pursuant to M.S. Chapter 84D, the County of Wright has adopted mandatory inspection of AIS as a reasonable measure to contain the spread of AIS within the County.
(B) Mandatory inspection. for East and West Lake Sylvia, Lake John, and Pleasant Lake. All water-related equipment is required to be inspected for prohibited aquatic invasive species as defined in Minn. Rules Part 6216.0250 prior to entering East and West Lake Sylvia (86028900, 86027900)., Lake John (86028800), Bass (86023400), Cedar (86022700), East and West Lake Sylvia (86028900, 86027900), Granite (86021700), Lake John (86028800), Moose (86027100), Maple (86013401 and 86013403), Sugar (86023300), and Pleasant Lake (86025101).
(C) Self Inspection Exemption. A person launching water related equipment shall be exempt from the requirements contained in paragraph (B) provided they meet the following criteria:
(1) The person launching the water related equipment has successfully completed an education course and test approved by the Wright Soil and Water Conservation District for the personal inspection of aquatic invasive species.
(2) The person is certified by the Wright Soil and Water Conservation District as meeting the education requirements for self-inspection.
(3) The person launching the water related equipment is the registered owner or a family or household members, as defined in Minn. Stat. § 518B.01 subd. 2, of the registered owner of the water related equipment.
(4) The water related equipment is registered with the Wright Soil and Water Conservation District and display a decal issued by the Wright Soil and Water Conservation District. A person is permitted to register up to four pieces of water related equipment with the Wright Soil and Water Conservation District.
(5) A certificate issued by the Wright Soil and Water Conservation District is fully displayed on the front dash board of any parked vehicle which was used to launch the water related equipment.
(6) Upon request the person must provide proof of successful completion of the educational course to a licensed peace officer, special deputy, or certified level one AIS inspector.
(7) The person must complete a thorough inspection of the water related equipment prior to launching and immediately upon removal of the water related equipment from a regulated public body of water.
(8) The water related equipment must be free of all prohibited aquatic invasive species.
(9) The employees of a Minnesota Department of Natural Resources permitted Lake Service Provider shall be exempt from the requirements of paragraph (B) provided the employee has complied with all of the training requirements of this section and completes a thorough inspection of the registered water related equipment prior to launching and immediately upon removal of the water related equipment from a regulated public body of water and the water related equipment is free from all prohibited aquatic invasive species. For purposes of this section, a permitted Lake Service Provider is only allowed to register four pieces of water related equipment with the Wright Soil and Water Conservation District.
A certification issued by the Wright Soil and Water Conservation District shall be void upon a person being found in violation of the above criteria. The regulations herein do not exempt a person from the requirements of Minnesota law as they pertain to prohibited aquatic invasive species. A person who meets all of the above criteria shall comply with any inspection request from a licensed peace officer, conservation officer, or certified level one inspector.
(D) Winter Storage Exemption. Water related equipment stored at a Minnesota Department of Natural Resources permitted Lake Service Provider for more than twenty-one days shall be exempt from the requirements contained in paragraph (B), for one launch, provided the equipment meets the following criteria:
(1) The water related equipment was stored on location, and out of the water for more than twenty-one days at a Minnesota Department of Natural Resources permitted Lake Service Provider.
(2) The Lake Service Provider certifies to a level one or level two inspector the date the water related equipment was placed into storage and the time period is in excess of 21 days.
(3) A level one or level two inspector has inspected, at the storage location, all visible and accessible areas of the water related equipment and has not located any prohibited aquatic invasive species.
(4) The water related equipment is tagged by the inspector.
(C) (E) This section expires on January 1, 2022.
Repealer
Section 131.07 of the Wright County Code of Ordinances shall be repealed in the event the Commissioner of the Minnesota Department of Natural Resources does not formally authorize the Wright Regional Inspection Program as required under Minn. Stat. § 84D.105 Subd. 2(g) (2018) by April 15, 2019.
Enacting Clause
This ordinance shall amend the Code of Ordinance of Wright County, Minnesota. This ordinance shall be in effect upon passage and publication.
(End of Ordinance 19-2)
Daleiden said he can’t in good conscience vote for this due to self-certification, and because the DNR’s position on this is unknown. He also has concerns with Schroeder Park, and people coming from throughout the State and being told they must go to Annandale to have their boat inspected. Daleiden said there are more than 430 people who paid $3 to put their boat in at Schroeder Park last summer. He can’t support this resolution until more information is obtained.
Vetsch said the DNR would be very unlikely to approve the plan without the County adopting the Ordinance. Husom suggested communicating with people who want to camp at Schroeder Park. Daleiden said Highway 55 being shut down will be a major inconvenience. Vetsch hopes the self-inspection piece will be used by many people.
Borrell said the Ordinance is better with the self-inspection, but he is still concerned about long-term funding. He thinks the policy should start with the DNR.
The motion carried 3-2 on a roll call vote with Commissioners Daleiden and Borrell casting nay votes.
Potter moved to adopt Resolution 19-33, affirming the vote on 2-26-19 accepting the Regional Aquatic Invasive Species Inspection Plan for Bass, Cedar, East and West Lake Sylvia, Granite, Lake John, Moose, Maple, Sugar, and Pleasant Lakes. The motion was seconded by Husom and carried 3-2 on a roll call vote with Borrell and Daleiden casting nay votes.
The meeting adjourned at 12:07 P.M.
Published in the Herald Journal April 5, 2019.