Brown County adopts meth cleanup ordinance

Unanimous

approval despite one protester's concerns

By KURT NESBITT

Journal Staff Writer

NEW ULM -- Amid protests from at least one person in the room, Brown County commissioners unanimously approved a clandestine drug lab cleanup ordinance on Tuesday.

The law will outline the roles that public officials and property owners will play in the event that an illegal drug lab is discovered and seized. However, some Brown County residents think it could victimize innocent people who might not know that such a lab is on their property.

The board held a required public hearing on the proposed law Tuesday morning.

While many county officials at the hearing agreed that assessing the cost of a meth lab cleanup against a landowner's property taxes was an appropriate solution to what they see as a rising problem, Greg Bartz, a Sleepy Eye area farmer, saw things differently.

Bartz came to the hearing with a list of concerns.

Bartz said he thinks the ordinance could victimize landowners who have no part in the manufacturing of illegal drugs because the cleanup assessments could squeeze all the equity out of a piece of property. If landowners know the costs of cleanup, they might also be reluctant to report a lab, he said.

"You don't make a burglary victim pay for the cost of prosecuting that. With arson, you don't ask them to pay any costs, so why are landowners being asked to pay the cost of meth?" Bartz questioned. "I agree that we should go after the responsible people, but innocent third parties could be affected. We could also loose rental housing and that's not good."

Commissioner Charles Guggisberg replied that when an arsonist burns a building down, the public doesn't pick up the cost. Guggisberg said someone who owned a house that burned down would be responsible for paying for the cost of cleanup after the fire. Brown County Board Chair Donald Wellner added later that the burden is on landlords to keep a closer watch on what their tenants are doing.

Commissioner James Berg moved approval of the ordinance, saying he thinks it's a good idea, noting that "there are good arguments for and against this.".

Karen Swenson of Brown Nicollet Community Health Partners said she was pleased with the vote.

"We've been working on this for a long time, and I'm glad to have it in place," she said.

Swenson said she understands Bartz's concerns but also thinks it's "part of doing business," adding that landlords should better screen applicants who want to rent property.

"There are many, many other counties in this phase," Swenson said. "Passing this ordinance allows (counties) access to funds."

Authorities in Brown and Nicollet counties worked together to draft the ordinances, which are identical. Tuesday's vote only establishes the ordinance in Brown County. Nicollet County officials must hold a hearing and make a decision if they are going to adopt a similar law. Swenson said Nicollet County's public hearing will be on May 11 in St. Peter.

The ordinance allows law enforcement to post a public health nuisance sign at any site where an illegal drug lab is found. Property owners are responsible for the costs of cleanup. If no plans are made within 10 days after the site is deemed a nuisance, the county will note the assessment on the deed to the property until the levels of contamination are reduced. Counties can start cleanups if a property owner can't be found, if the person refuses to pay or is unable to afford the cleanup. If that cost is more than 75 percent of the property market value, the county administrator can notify the property owner of the county's intent to either remove or dispose of the structures instead of cleaning them up, in which case property owners will have 10 days to appeal the decision.

In other action, the Brown County Board of Commissioners:

* Approved a 2 percent salary increase with step movement for non-union Brown County employees, with the exception of the auditor-treasurer, sheriff, recorder, Family Services director, highway engineer and administrator, effective in January 2005.

Brown County also approved a new health insurance plan, effective in 2005, that will have employees picking up 25 percent of the cost for family health insurance and Brown County paying the entirety for single adult health insurance.

* Voted to appoint John Ryan of Springfield as one of two Brown County representatives on the Springfield Airport Joint Zoning Board.

* Approved the purchase of six portable radios, a 20-channel radio, two patrol cars, three traffic radar units, two mobile in-car video systems and two light bars for the Brown County Sheriff's Department.

* Approved a petition to modify parts of County Ditch 54A and impound waters in Stately Township but tabled a similar petition for County Ditch 54B after nearly two hours of discussion about plans for the modifications.