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November 28, 2007 Todd County Board of Commissioners Zoning issues continue to plague county by Karin L. Nauber A couple of planning and zoning issues were discussed at the regular meeting of the commissioners on November 20. The first was to let the board know that a settlement agreement in the lawsuit against Grey Eagle Township would be approved. The county will dismiss the action against the township and will take over the ISTS (individual sewage treatment systems) and shoreland ordinance enforcement. Land and Resource Management Director Andrew Dahlgren said that a lawsuit pertaining to a house that was built too close to a bluff by Mound Lake in Grey Eagle Township was still open. A settlement is being worked on with the landowner. Grey Eagle Township will continue to do their own planning and zoning. The next issue was from Birchdale Township where a homeowner in Sauk Centre has a drain pipe that does not meet the setback. There are other issues as well resulting in a substantial amount of runoff that is discharged from the homeowners' continually flooded basement. The township received a letter from Dahlgren stating that the violations existed, but were told by the county attorney that they would not pursue legal action. Birchdale Supervisor Keith Sorenson said, "The ditch is constantly wet (from the constant pumping from the wet basement). This will cause road problems. What can we do?" County Attorney Chuck Rasmussen said, "I'm trying. But what can we do?" He posed the question to the board. Birchdale Supervisor Dale Ahrens said, "We have exhausted everything we know to do." Dahlgren said his office had issued a letter to the homeowner with the violations, but the homeowner will not comply. "Until we have citation authority, our hands are tied," said Dahlgren. Rasmussen said that planning and zoning has not had the kind of representation they need. Commissioner Randy Neumann said they had tried to get the past county attorney to work on planning and zoning issues also. "Crime is not going away. I understand the workload in that office, but somewhere along the line, we have to put a stop to it," said Neumann. "We've spent too much on this already. It all points back to here," said Sorenson. "We've spent thousands to redo our ordinances and we are not enforcing them," said Neumann. Dahlgren clarified. "We are enforcing them. We go out and if there are violations we notify the landowners. But when they question our authority or refuse to comply then we have no power," he said. "A guard dog with no bite? What is the sense?" asked Neumann. "What does that say to the rest of our community?" asked Sorenson. Commissioner David Kircher said that he had asked Rasmussen before about this and had received no answer. "But if we hired another attorney what guarantee would we have that planning and zoning would be represented and that we would have legal advice here?" Rasmussen responded that he thought he had been clear that with another attorney some time would be freed up to handle planning and zoning issues and to attend board meetings. "How do we resolve Birchdale's problem? Issue a cease and desist order?" asked Neumann. Dahlgren said a cease and desist order was already issued. Sorenson asked if there was any way to put some "teeth" into planning and zoning? Dahlgren said that it is already in the ordinance that they can issue citations, now they just have to put it into place. "We are working on that phase. We can implement it once that is in place," said Dahlgren. He added that in Cass County the planning and zoning staff is deputized so they can issue citations. Dahlgren said they plan to have the administrative penalty in place by the end of January 2008. "We still need an attorney to work with our office. We have lists of people who have significant violations, but who will not comply. Birchdale would be at the top of the list. We have been working on this one for one and a half years," said Dahlgren. Commissioner Mark Nelson said, "If they haven't listened for two years (the Birchdale homeowner) why will they listen in two minutes? We need to hire an attorney. We could hire out for one, but that would be just foolish." The question was raised if there was a way to offset the cost of a new attorney? Rasmussen said, "The commissioners have this information. It's been here. I budgeted for a new (attorney) but the money only goes so far." Neumann asked Dahlgren if he had extra money in his department that could be funneled to the attorney's office to hire another attorney? Kircher said it had never been discussed before about getting revenue from other streams or departments to pay for a new attorney. He asked that the discussion about this be put on the work session agenda. Custodians Approved the quote from Country Side Plumbing and Heating for $3994 for a new compressor at the government center. Human Resources Approved hiring a part-time registered nurse Donna Lisson. She will work approximately 40 hours every two weeks. Approved the in-house promotion of Ron Hibbs, social worker, to the position of mental health worker. This is a replacement. Because of the promotion of Hibbs, a social worker position is now open. It was approved to recruit a social worker. Rainbow Rider The board heard an update on how Rainbow Rider is doing in Long Prairie. Harold Jennison, of Rainbow Rider, and Kevin Anderso,n from the Minnesota Department of Transportation, were on hand to talk about the service which began July 30 in the city and within a three mile radius of the city. Anderson was pleased to let the board know that the county is funded for services for 2008 for 85 cents on the $1. They will look more at connecting the rest of the county. The county pays $44,000 a year for the service, but the hope is that it will be self-funded in three to four years. Jennison said that use of the bus has increased and in October they were averaging 16.5 riders a day in 23 days. Sheriff's Department Approved hiring a regular, full-time jailer-dispatcher. Sheriff Peter Mikkelson said that he met with the personnel committee to discuss retention issues with part-time jailer-dispatchers. The training program for dispatch takes about 200 hours and costs approximately $6454 in gross salary to train each part-time dispatcher. The dispatch supervisor is covering shifts and has banked over 480 hours of comp time. The plan is actually to promote one of the part-time jailer-dispatchers to full-time. Approved the employment agreement between the county and Midwest Chaplain David Greaver. He will receive a $500 a month stipend and use of a vehicle owned by the sheriff's office. Fuel and maintenance for the vehicle will be at the discretion of the sheriff. Kircher said that he still had a problem with there being PERA and social security deductions. "Is he an employee?" asked Kircher. Chair Mark Blessing said Greaver would be a contracted employee. Rasmussen said when he read the information on the position, he felt that he was an employee. Human Resources Director Karla Nalezny said that the position is considered part-time for PERA purposes only because he is paid more than $425 a month. There is no union involvement and he is paid strictly a stipend. Greaver will be subject to the personnel policy. Park Board Neumann said that they needed to get members on the park board. He wanted to see a member from each district and an alternate from each district, but it was decided they should just have a member from each district with one alternate. Neumann and Kircher are the board representatives. He will bring a board action to the meeting on December 6 to advertise for people to volunteer to be on the board. |