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CLAY COUNTY BOARD OF COMMISSIONERS Tuesday, December 27, 2011

4:00 p.m. County Board Room 3rd Floor – Courthouse

M I N U T E S

The Clay County Board of Commissioners met in regular session with all Commissioners present: Campbell, Evert, Ingersoll, Waller and Weyland. County Administrator Brian C. Berg and Senior Administrative Assistant Vicki Reek were also present.

APPROVAL OF AGENDA On motion by Weyland, seconded by Campbell, and unanimously carried, the agenda was approved as presented.

APPROVAL OF INTERFUND TRANSFER FROM REVENUE FUND TO FAMILY SERVICE CENTER FUND

By consent agenda, the Board approved an Interfund Transfer of up to $250,000 from the Revenue Fund to the Family Service Fund.

APPROVAL OF 2012 PUBLIC HEALTH CONTRACTS/GRANTS By consent agenda, the County Board Chair was authorized to execute contracts and grant documents for Public Health operations for 2012 (See Attachment “A”).

CITIZENS TO BE HEARD There were no citizens present who wished to address the Board.

APPROVAL OF MINUTES On motion by Weyland, seconded by Campbell, and unanimously carried, the minutes of the County Board meetings held December 8, 13, and 20, 2011 were approved as presented.

PUBLIC HEARING RE: ORDINANCE AMENDMENTS On motion by Campbell, seconded by Weyland, and unanimously carried, the Public Hearing was opened concerning amendments to the Clay County Ordinance and/or Clay County Code, (See Attachment “B”). Addition of Chapter that prohibits drug paraphernalia in a more restrictive manner than currently defined by Minnesota Statutes. Acting County Attorney Michelle Lawson explained that the proposed addition of this Chapter applies to the unincorporated areas of Clay County and is supported by numerous County departments, including the Sheriff’s Department, Public Health, and Social Services. The proposed Chapter is identical to the ordinance recently adopted by the City of Moorhead, except for the effective date and the forfeiture paragraph. The proposed ordinance is ‘conduct’ based and does not require amending the County’s Development Code. At the current time there are no existing businesses in Clay County that fall into this category (tobacco shop, smoke

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shop, etc.). Ms. Lawson added that she has heard concerns from representatives of the cities in Clay County regarding the need for them to adopt a similar ordinance. The City of Dilworth has begun development of a similar ordinance.

Lt. Steve Landsem presented examples of items for which possession would be considered illegal under the new Chapter (pipes, mask, container with marijuana logo, etc.). He added that in his 20 years of Law Enforcement experience, he had never seen any of these items used with the use of regular tobacco. Commissioner Ingersoll inquired if possession of any of these items is illegal. Lt. Landsem stated that they are illegal if it can be proven that they have been used with illegal substances. Lt. Landsem felt the ordinance will clarify what is legal to sell. Public Health Administrator Kathy McKay was supportive of the ordinance and felt it would provide a useful strategy for prevention. Ms. Lawson felt the City of Moorhead’s adoption of the ordinance was controversial because there are existing businesses in the City. Ms. Lawson felt there are no grounds for challenge of the ordinance and that it is constitutional. Commissioner Weyland supported the ordinance and felt the County must support its communities which have adopted such ordinances. Commissioner Waller inquired if the chemicals mentioned in the proposed ordinance can be used for anything else. Ms. Lawson stated that possession of the chemicals mentioned must be intended/designed for cutting controlled substances. There was no one in the audience who spoke for or against the proposed ordinance.

Re-adoption of State Food Code, Lodging Establishments Code, Manufactured Home Park and Recreational Camping Area Code and Children’s Camp Code, and adopting the Public Swimming Pool Code and Safe Drinking Water Code to add requirements that are already contained in MN Statutes. Acting County Attorney Michelle Lawson informed the Board that a Minnesota Department of Health audit requires the re-adoption of various Codes to include requirements in MN statutes and calls for the appointment of a Public Health Variance Board to be appointed by the Clay Wilkin Community Health Board.

Discussion took place regarding a statement in the proposed ordinance, “any new construction or structural remodeling at a licensed establishment requires the plans to be submitted to the licensing authority for approval prior to commencing any work”. Ms. Lawson indicated that she would develop a process/checklist to assure this step is documented as Clay County is the licensing authority when the City of Moorhead issues a building permit to a licensed facility (restaurant, etc.). There was no one in the audience who spoke for or against the proposed ordinance.

Changes to Variance Provisions in the Clay County Development Code. Acting

County Attorney Michelle Lawson informed the Board that these proposed changes to the Variance provisions incorporate new statutory variance language recently adopted by the Minnesota legislature. What was previously described as a ‘hardship’ in the variance provisions is now a ‘practical difficulty or unique circumstance’. The changes unify variance provisions between cities and counties. Planning & Environmental Programs Director Tim Magnusson commented that a Public Hearing was held by the Planning

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Commission regarding these changes, and they were subsequently recommended to the County Board for approval. There was no one in the audience who spoke for or against the proposed ordinance.

On motion by Weyland, seconded by Ingersoll, and unanimously carried, the public

hearing was closed. On motion by Weyland, seconded by Waller, and unanimously carried, the

Ordinance change was adopted to add a chapter prohibiting drug paraphernalia in a more restrictive manner than currently defined by MN statute (See Ordinance 2011-3, included in Attachment “B”).

On motion by Ingersoll, seconded by Waller, and unanimously carried, the re-adoption of various Codes was approved, with the clarification of the permitting process and the need for licensing authority approval (See Ordinance 2011-3, included in Attachment “B”). On motion by Campbell, seconded by Weyland, and unanimously carried, changes were adopted to the variance provisions in the Clay County Development Code to incorporate new statutory variance provisions recently adopted by the Minnesota Legislature (See Ordinance 2011-3, included in Attachment “B”).

APPROVAL TO HIRE MANAGEMENT INFORMATION SYSTEMS POSITION Management Information Systems (MIS) Director Tim Dent was present to request approval to proceed with hiring the new MIS Specialist position which was approved in the 2012 budget. Mr. Dent stated that the new position would be 80-90% dedicated to Law Enforcement, however would be housed in the MIS Department. On motion by Waller, seconded by Ingersoll, and unanimously carried, the Board approved hiring the MIS Specialist position as included in the 2012 budget.

REQUEST TO WAIVE PENALTY FOR LATE PAYMENT OF TAX: MR. BRAD OLEK Mr. Brad Olek was present to request that the penalty be waived for late payment of tax on a parcel of property he purchased in the Spring of 2011 for which he stated he did not receive the tax statement. Deputy Auditor Nanci Krenelka informed the Board that a duplicate statement had been sent to Mr. Olek’s address June 22nd. Commissioner Ingersoll commented that he would not support waiving the penalty due to the fact that Mr. Olek was aware he owned the property, and the Auditor’s office had sent a duplicate tax statement. Ms. Krenelka added that Mr. Olek had the same situation happen last year with a different parcel, and that penalty was waived. Commissioner Waller felt the Board needs to establish a policy on dealing with these situations, which seem to be occurring often. He felt it is not fair to those taxpayers who pay their tax on time. Commissioner Campbell agreed and noted the current year land sales/exchanges are where the issues seem to arise. Commissioner Ingersoll moved that the request be denied. The motion died for lack of a second. On motion by Waller and seconded by Weyland, the penalty described above was waived ($228.72). Commissioners Evert and Ingersoll voted against the motion. Chair Evert appointed the following to a committee to develop a policy for the Board’s review to deal with requests for late payment of tax: Commissioner Campbell,

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Commissioner Waller, County Auditor Lori Johnson, Deputy Auditor Nanci Krenelka, and County Administrator Brian Berg. Per Diem is approved for Commissioners’ attendance at the meeting.

REQUEST TO WAIVE PENALTY AND INTEREST FOR LATE PAYMENT OF TAX: MR. KENNETH SIVERTSON

Mr. Kenneth Sivertson was present to request that the interest and penalty be waived for his non-payment of tax for the years 2006 to 2011. Taxes owed are $4082, interest is $1009.38, and penalty is $391.16. Mr. Sivertson stated that he wasn’t aware the tax was so far behind because his son was responsible for bill paying. His son died in an auto accident in 2009. Deputy Auditor Nanci Krenelka informed the Board that tax statements were mailed to Mr. Sivertson every year and there is a box that is checked on the statement if there are previous year taxes due. Commissioner Waller acknowledged the hardship Mr. Sivertson is experiencing, but felt the taxes and fees must be paid. On motion by Ingersoll, seconded by Weyland, and unanimously carried, the request to waive penalty and interest as described above was denied.

APPROVAL TO PURCHASE TRANSPORT VEHICLE: WEST CENTRAL REGIONAL JUVENILE DETENTION CENTER

Juvenile Detention Center staff members John Farnberg and Troy Amundson were present to request authorization to purchase a transport vehicle through the State bid. Funds are available in the Internal Service Fund for the purchase ($22,583), which has already been delayed one year. Discussion took place regarding the possibility of retaining the replaced van which normally would be traded in or sold at auction. A decision regarding this vehicle will be made at a later date. On motion by Weyland, seconded by Campbell, and unanimously carried, the Board approved the purchase of a transport vehicle for the West Central Regional Juvenile Detention Center as described above.

APPROVAL TO RENEW LUTHERAN SOCIAL SERVICES OF MN CONTRACT FOR 2012

EVALUATION SERVICES FOR WEST CENTRAL REGIONAL JUVENILE DETENTION CENTER On motion by Ingersoll, seconded by Weyland, and unanimously carried, the Board authorized execution of the renewal contract for Lutheran Social Services’ evaluations for the West Central Regional Juvenile Detention Center, which reflects a 1% increase over 2011.

APPROVAL OF BILLS AND VOUCHERS On motion by Ingersoll, seconded by Weyland, and unanimously carried, the bills

and vouchers were approved for payment.

COMMITTEE REPORTS/COUNTY ADMINISTRATOR UPDATE Commissioner Ingersoll attended meetings of the Adult Mental Health Advisory Committee, Children’s Mental Health Advisory Committee, and Family Healthcare Board meeting.

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Commissioner Campbell attended meetings of the Highway Tracking Committee and FM Diversion Public Outreach Committee. Commissioner Weyland attended the Drug Court graduation. Commissioner Evert attended the Drug Court graduation event, Extension Committee, and Historical & Cultural Society of Clay County. Commissioner Waller attended the Highway Tracking Committee meeting. County Administrator Brian Berg informed the Board that leaky sewer pipes have been discovered in the Courthouse and the repair project involves all four floors of restrooms on the south end of the building. Mr. Berg has taken part in mediation sessions with the Deputies, Drug Court graduation, interviews with Prairie Public Radio concerning Detox legislation, etc. With respect to an automated voice message system to enhance efficiencies for Central Administration, the Board members expressed their request that the current system not be changed. Mr. Berg informed the Board that the University of Minnesota Extension Service will no longer supervise County Extension staff in the future. Chair Evert requested that he, Commissioner Campbell, and County Administrator Brian Berg meet to further discuss this issue.

ADJOURN The meeting adjourned at 5:45 p.m. ______________________________________________________ Jon D. Evert, Chair Clay County Board of Commissioners ______________________________________________________ Brian C. Berg, County Administrator