By MaryHelen Swanson

"Contingent upon county attorney's review" means an approved motion is not really approved until the county attorney gives it a seal of approval.

Last week the Chisago County commissioners rescinded a motion made last August approving the Designation Ordinance for Solid Waste Disposal within Minnesota, as created by the East Central Solid Waste Commission.

There had been such a contingent addendum.

The purpose of the ordinance is to require all waste haulers in Chisago County to bring their garbage to the ECSWC's facility, unless it goes out of state.

Revisiting their motion last week, the county commissioners learned that County Attorney Janet Reiter does not approve of the ordinance.

In a letter to the commissioners, she noted disagreement with ECSWC's attorney David Oberstar's findings and felt that his case studies were not relevant.

Commissioner Bob Gustafson, who sits on the ECSWC board, asked if the ordinance was illegal.

Responding to that, Reiter said the ordinance opens the county to litigation, citing a pending Supreme Court case of a similar nature.

After that case is resolved, she told the commissioners, the county would have more direction.

Commissioner Ben Montzka, who has opposed the ordinance all along because he feels it interferes with economic freedom, said he hoped the board would not try to bring the ordinance up again.

Commissioner Lynn Schultz said she moved to rescind the board action of last fall because she respects the county attorney's office.

The motion to rescind the ordinance approval was 4-1 with Gustafson opposed.

He said he feels certain the Supreme Court findings will be favorable. Not having an ordinance, he said, will hurt local businesses. All contracted haulers were in favor, he said.

Of the five counties in the solid waste commission, Isanti, Pine and Kanabec have approved the ordinance. Mille Lacs has not, and now, neither has Chisago.

Addressing another recent hot issue at the county board, Commissioner Gustafson presented a contract for the county attorney's approval on the issue of him scheduling ball games on three county ballfields.

Gustafson talked to county parks director Laird Mork, who would be responsible for this scheduling if his resolution was approved.

Gustafson would be out of the process all together.

The resolution received approval of Montzka who said it would be a way to end "the perceived conflict of interest" noted in the state audit.

County attorney Reiter said Gustafson's resolution clarifies the issue, and admitted that liability would be no greater to the county, but she wondered if the board wanted the park director to have the extra responsibility.

Noting the amount of time Gustafson put into this scheduling, Schultz said the county may end up hiring another employee to do the extra work.

No action was take, the issue was postponed to Feb. 28 to give the county attorney's office time to complete their directed work. Gustafson abstained from voting.

In other business, the commissioners:

• Approved a motion that was on hold from the Jan. 17 meeting to approve an expenditure not to exceed $20,000 to complete a conceptual design for anew jail. Sheriff Todd Rivard, on hand for the meeting, informed the board that three sites would be studied for the new jail, the newest being the parking lot area south of the courthouse. Funds for this study will come out of a special fur jail planning.

• Approved the final draft of the county's Parks & Trails Land Acquisition and Development Funding Policy. The intent of the policy is to provide systematic and fair treatment of funds collected under this statute. It will allow townships to use funds garnered in their townships for park improvements and land acquisition.

At the public forum, Lent Township supervisor Gene Olson thanked the board, county staff and environmental service personnel for a fine policy.

Commissioner Mike Robinson said, "I'm glad this is done." Commissioner Schultz also thanked Environmental Services Director Mary Darraugh Schmit and the township people for all their work on the policy.

• Set 6:30 p.m. June 13 as the date for the Board of Equalization.

• Set a public hearing for March 21 on a request for a "No Wake Zone" in the southwest bay of North Center Lake.

• Learned that Lent Township took over their own planning and zoning Feb. 1.

• Directed County Administrator John Moosey to research the costs of publishing a county newsletter.

• Learned from Commissioner Montzka that tiles missing in the judges' chambers and jury room should be replaced. Also learned from Schultz that the work will be done in March.

• In her attempt to make her department's actions more transparent, HHS director Mary Sheehan gave the board a heads-up on a bill that would be coming in for social workers to attend the Minnesota Social Services Conference. Those who attend can get education credits, she said, also noting that there will be no overnight stays. She also apprised the commissioners that Public Health director Bette Frederichs will be retiring in May and that she intends to do an early and lengthy process to find a replacement.

• Approved out-of-state travel for county engineer Bill Malin to attend the National Association of County engineers conference in April; cost is $1,100.

• Addressed late claim forms submitted for per diems from Curt Flug who serves on the Board of Adjustment and Planning Commission. The policy is to submit claims every three months, which he has not done. His claim was approved with the directive to the administrator that Flug be reminded of the turn in policy.