MEMBERS PRESENT: Commissioners Hanson, McBride, Lepper, Chezick, Pavleck

MEMBERS ABSENT: None

OTHERS ATTENDING: Paul McLaughlin, Richard Lehtinen, Raoul Lufbery, Myrna Ahlgren, Bob Peterson, Einar Sundin, Terry Murray, Cindy Ellefson-Oswald, Doug Grindall, Susan Congrave, Barb West, Roger Andrascik, Alan Burchell, Nancy McHarg, Debra Gunnerson, Arlan Gunnerson, Sheryl Vertina, Dan Vertina, Don Parmeter, Carol Pavleck, Pete Schultz; Reporters Laurel Beager and Roger Jerome

2001/02-56 Motion by McBride, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/02-57 Motion by Lepper, seconded by Pavleck to approve the minutes of the February 20, 2001 regular meeting. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/02-58 Motion by Lepper, seconded by Chezick to approve payment in the amount of $1,765.75 to Flaherty and Hood for 2001 lobbyist service with payment from the 2001 Administration Legislation Budget, to approve payment of $3,900.00 to the Blackduck Ambulance Association for 2001 support funding with payment from the 2001 Administration Emergency Service Budget; to defer a 2002 funding request from the Blackduck Ambulance Association to the 2002 budget process for consideration; to approve payment of Community Service financial and social service claims and administrative expenses with detail on file in the Community Service Agency; and to approve payment of the Public Health claims in the amount of $23,318.98 with detail on file in the Public Health Department. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/02-59 Motion by Lepper, seconded by McBride to approve the following 2001 Budget adjustments as recommended by the Coordinator: 1) transfer $3,635.00 from the Administration Personnel Budget to the Sheriff’s Budget to cover the cost of the 2001 Sheriff’s salary; 2) increase the Environmental Service ISTS Budget and deferred revenue by $627.00 due to actual year end project balance; 3) increase the Environmental Service Land Use Plan Budget and deferred revenue by $19,023.00 due to actual year end project balance; 4) to decrease the Administration Projects Budget for the Jackfish Bay Sewer System and General Revenue Reserve Budget by $47,782 and increasing Environmental Service Budget’s deferred revenue by $3,782.00 due to balance of Jackfish Bay Project funds at year end; 5) decrease Community Service State Budget and revenue by $3,249.00 and Federal Budget and revenue by $2,029.00. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/02-60 Motion by Chezick, seconded by McBride authorizing the serving of alcohol at the City Beach for a Bird Family Reunion on July 7, 2001 and to reappoint Ralph Morris to the Housing and Redevelopment Authority Board as recommended. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Commissioner Chezick stated that A.C.A. adopted a resolution in support of retaining the county attached machinery aid which is designated for elimination in the Governor’s proposed budget. International Falls Councilor Paul McLaughlin stated that the cold weather testing center bill has been introduced in both the Senate and House and that a broker has been retained by the Cold Weather Task Force for obtaining clientele for existing and future cold weather testing facilities.

000 The Environmental Service Director submitted the Ayres Associate service contract for preparation of the Jackfish Bay Wastewater Collection System’s preliminary and final design. In January the Board approved a portion of the contract for preliminary engineering service and on February 13, 2001 met in committee to further discuss the project and the County’s investment in the project. At this meeting the document reuse section in the service contract came under question as it was not clear whether the documents produced by Ayres were County property. In addition, a question was raised as to the final date that State WIF dollars would need to be used. The Director stated that legal counsel reviewed the document reuse section of the Ayres Contract and stated that the wording was sufficient to ensure that the documents produced under the contract would be County documents. Ayres Associates also verified this orally and stated that the intent of this section was to release their liability on reuse of the documents. The Board stated that a written addendum by Ayres clearly stating this position should be inserted in the contract. With regards to the timeline for the State WIF funds, the Director stated that other than having the design certified by the State by December, 2001, there is no formal drop dead date and we would have to work with the State on the next set of timelines. If it is clear that progress towards construction is not being made, the State would establish a deadline for use of the funds. As discussed in committee, Ayres will have the final system design completed and submitted to the State by July 2001 and in the meantime, the Committee will continue to seek additional funding for the project.

2001/02-61 Motion by McBride, seconded by Lepper to approve a service contract with Ayres Associates for preliminary and final design of the Jackfish Bay Wastewater Collection System for a total contract of $274,000 ($44,700 expended in 2000, $85,300 approved in January 2001 and the balance of $144,000 approved as of this motion), contingent on an addendum clearly stating that the documents produced under this contract are the property of the County and that the amount of $274,000 be repaid to the County with construction of the system. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/02-62 Motion by Chezick, seconded by McBride to approve an addendum to Northome SLS Service Agreement for a per diem increase for two clients as recommended by the KCCS Directorship. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/02-63 Motion by Lepper, seconded by McBride to approve payment of $1,771.95 for burial case #283699 and to accept the following recommendations for foster and day care licensing: case #05580 to relicense family day care of ten children; case #06842 to relicense family day care for ten children; case #25318 to relicense group family day care for ten children; case #69758 to relicense for group family day care for twelve children; case #31426 to license for foster care to two children. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Highway Engineer provided a report showing fifty-year cost projections for regrading and overlaying the County’s current CSAH and County/Township road systems. This was a topic of discussion at the AMC Conference and it was agreed that this report would be produced by each County as a way to show the legislature how much money was really needed to keep status quo of roads systems in the State. In his calculations for Koochiching County, we are short $362,000 annually for the CSAH system and $723,047 short for the County system. He stated that because Koochiching County is designated as a minimum county, the shortage in the CSAH system is minimal and that this shortage is much larger for non-minimum counties. Commissioner Hanson asked if the figures provided for growth? The Highway Engineer stated that the next step would be to study the cost of upgrading roads and that the figures provided are conservative estimates for upkeep of the current system and do not include cost for expansion. The Engineer stated that providing the necessary funding to maintain the current road systems in Minnesota would be very expensive.

000 The Highway Engineer informed the Board that there is proposed legislation changing the timeline for eminent domain proceedings from ninety-days to nine months and that such a delay in timelines, coupled with a short construction season, could cause delays in road work. The Highway Engineer requested the Board oppose the proposed legislation for changing the timeline on eminent domain proceedings.

2001/02-64 Motion by Chezick, seconded by Lepper that the Koochiching County Board of Commissioners oppose the change in the eminent domain timeline from ninety-days to nine months as proposed in House File 652 and Senate File 604 due to possible delays in road construction and with the understanding that the Koochiching County Board refrains from using eminent domain whenever possible. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 A list of FY 2004 Enhancement recommendations was provided the Board for review. MNDot will meet with the Board on March 27, 2001 at which time the Board will be notified as to what projects will receive funding. The list contains two projects for Koochiching County (a bridge in the Silverdale area and overlay for a portion of Trunk Highway 11).

2001/02-65 Motion by Lepper, seconded by McBride to add a request to place a sign on CSAH #5 from the Big Fork City Mayor to the agenda. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Highway Engineer received a request from the Big Fork City Mayor to place a sign on CSAH #5 for the purpose of attracting visitors to Scenic Truck Highway 38. The Engineer stated that he had no problem with the request as it has no impact on Koochiching County. The Board stated that they would have no problem with the request as long as the County bears no cost for the sign and that other towns and cities affected have no objections. The Board agreed that more information was needed before they would consider action on the request.

2001/02-66 Motion by McBride, seconded by Lepper acknowledging receipt of the Professional Advisory Committee minutes and report from their February 14, 2001 meeting. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Public Health Director provided the Department’s Financial and Statistical Report and her Director Report. She stated that Medicare revenue has decreased but that Medical Assistance revenue has increased. Based on projected Medicare cuts, the Department assumed a year end deficit but ended in a surplus due to efforts of staff. She stated that the Department is down to twelve home health aids and is in the process of hiring additional aids.

2001/02-67 Motion by McBride, seconded by Pavleck to defer a request for a part-time nursing position due to staff changes in the Public Health Department to the Personnel Committee for review and recommendation. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Voyageurs National Park Superintendent and the Natural Resources Manager met with the Board to discuss denial of the special use zone permit for the Kabetogama snowmobile radar run. The Superintendent stated that last year Park staff told the people asking for the permit that it was unlikely the permit would be approved again as it violated allowed uses in the Park. In February of last year, she was called to Washington D.C. and informed the National Park Service was being sued by environmentalist groups for allowing snowmobiling in national parks. At that time she made her plea that snowmobiling should be an allowed recreational use in Voyageurs National Park but could not justify the radar run as a recreational use or allowed use for a national park. It was told to her that the radar run violated law and policy. When she returned she informed the people that contacted her that the permit would be denied because of the lawsuit against the Park. During the development of the draft General Management Plan (GMP), she continued to inform people that the permit would be denied and stated that it was not a GMP issue but a lawsuit issue. The Board Chair stated that the Kabetogama area has narrow economic opportunities and denial of the permit hurts them financially. He stated that in the Compendium the Superintendent could allow snowmobiles to exceed the fifty-mile per hour limit. The Superintendent stated that she could not override law and that the law disallows races and speeds in excess of forty-five miles per hour. The Superintendent referenced a letter sent to the National Park Service and State and Federal representatives that was not copied to her and stated that cooperation goes both ways. The Board Chair stated that it was not their intent to keep the letter from her and was an error on our part. Commissioner Pavleck requested Superintendent West to rescind her denial of the special use zone permit and support the Kabetogama resort area, which is needed for park visitation. The Superintendent stated that there are ways she has discretion for organized events but that they have to be within the purpose of the park. She can not violate law. In this situation she can not do anything because it is not an appropriate use in the park. She stated that they are working to establish non-seasonal events to help the resorts and that the resorts can make revenue by selling the national park with events and uses that are allowed in the Park. Commissioner Pavleck stated that it is not the issue of denying the radar run as it is restricting their uses to attract business. He also questioned her denying this permit in the middle of negotiations to create a cooperative agreement. He stated that the counties were not contacted to discuss this matter and that this action only adds to the mistrust of the Park Service. The Superintendent stated that the permit denial was discussed at the public hearing held by the County on the GMP so she assumed the Board was aware of the issue. Commissioner Pavleck stated that it has been the intent of the Board to have the GMP delayed until sufficient time was given to consider the proposed changes and that denial of this permit again shows that the National Park implements policy without working with the people most affected. Commissioner Chezick stated that he has reviewed the federal code of regulations, the laws governing the Park, and stated that the regulations can be interpreted many ways. He believes the Superintendent holds much discretion in code interpretation and feels the decisions made are to further the interest of the National Park Service (NPS) only. He also stated that unless the intent of the NPS is to have a wilderness park, the Kabetogama resort area is needed for Park visitation so providing this area economic opportunities to keep their businesses viable, should be a valid use. Travelers today want a lot more and having a viable resort area is required. Commissioner Lepper asked how long the radar run has been in existence. Per the Superintendent it has been in existence for eighteen years and permitted since 1990. She stated that the legality of the permit was previously questioned by her but other issues took precedent and she didn’t pursue the matter. Commissioner Lepper asked if any of the superintendents allowing the permit were ever reprimanded? The Superintendent stated that the Assistant Secretary of Interior informed her that the permit would no longer be allowed (oral directive). The Board Chair informed Ms. West that her statement made that the County Board held their September 2000 public hearing on a date they knew she was not available was false. He then stated that he feels the Superintendent has the discretion to do something about the radar run. Commissioner Pavleck stated that if the Park Service is not willing to work with us on a local level, then the Board should consider discussion at the federal level. The long pattern for us is we lose ground and the Park Service works against us and is again strengthened by another usage ban. Commissioner Chezick agrees and stated again that the codes provide the Superintendent all she needs to deny or approve uses and that is where her discretion lies. The Superintendent stated this is about the area being a national park and that she and the national park service continue to be blamed for this as well as for the declining population in northern Minnesota. She stated the Park has and is investing many dollars to promote the area and provide tourism. She understands that the local people have different needs than that of the nation and if you think she has gone beyond her authority, than sue her. The Board Chair questioned whether any local public officials could work with her. Commissioner Lepper stated that this is not a matter of right or wrong but your philosophy for how the Park should be managed and is different from how other superintendents managed the park. Resource Manager Andrascik asked the Board if they reviewed the publication “History of Voyageurs National Park” provided to them and asked what their impression was. He stated that the State of Minnesota supported this area as a national park and during this time it was made clear what would happen if it became a national park. The Superintendent is only doing what is required of her. This park is growing from adolescence to maturity and there are other uses, such as commercial fishing, that should not be allowed in a national park and will be looked at. The broken promises were made before the park was established and that legislation makes clear the components of a national park. If you want things different you need to change its status. Commissioner Hanson pointed to the volumes of newspaper articles and opinion pieces from 1960 through 1975 and stated that the promises made to the people are within these volumes and though it might be comment in your opinion, it is fact to the people of this area. Commissioner McBride agreed and stated that we do not want to go back to ground zero because if the people knew then what they know now, there would be no park. Commissioner Pavleck informed the public that at the first meeting in drafting a cooperative agreement, the Superintendent made it clear that the GMP was off the table and that the Park would move forward with its implementation. We need to work with the powers to be as it is the same old thing at this level and we have exhausted our avenues. The Superintendent felt this position was unfair as when we agree on issue, we accomplish them. It is when we disagree that it becomes personal. All she knows is she is doing her job and that is to manage a national park. She does not think she is uncooperative. The public is asking her to do something that is not compatible or allowed in a national park. In closing, she stated that she has a draft cooperative agreement for review. Commissioner Chezick stated that the draft was to be provided to the facilitator and will be presented to the group at the next meeting. The Board agreed they would discuss the County’s position on this matter at the March 6, 2001 meeting.

000 The Board Chair called for public comment at 12:12 p.m. Pete Schultz from the Daily Journal again requested the Board’s participation in the “100 Years in the Life of Borderland” edition. Commissioner Chezick objected to the request going through public comment period and not being put on the agenda as he believes this was asked of them the last time they addressed the Board with this request. Mr. Schultz stated that the deadline was this Thursday and apologized for addressing the Board at such a late date. The Board agreed they would consider the issue following public comment. Alan Burchell of Moosehorn Resort stated that the waterway is major to the resort area of Kabetogama and that they are in the penalty box because the Park has jurisdiction up to their docks. Other resort communities have areas outside the Park to conduct fishing contest, radar runs, and other organized events. In Kabetogama every event on the waterway requires approval of the Park and it is pretty clear that we will be denied. He stated that five percent of the Park is in Koochiching County but the majority of personnel and infrastructure are in Koochiching County. Nancy McHarg representing the Boaters Association stated that they have not received a court date for their jet ski case but will notify the Board when they do. With regards to the Superintendent’s statement that she does not have discretion, she disagrees. She believes the Superintendent has total discretion and had this discretion in making the decision to ban jet skies. Also the Coast Guard is the authority for defining watercraft, not the Secretary of the Interior, and per the Coast Guard jet skis are considered watercraft. Shirley Vertina stated that the group has requested a permit from the Superintendent on another organized event but has not heard back from her in the required timeframe. Debra Gunnerson stated that the radar run in Ash River was not their sponsored event but one that occurs there annually. They did not hold their event as an alternate location in the Kabetogama area could not be found. This event is not only for financial means but brings the community together and draws interest from other areas. The Board was thanked for their support in this matter.

2001/02-68 Motion by McBride, seconded by Pavleck to add a request by the Daily Journal to participate in the “100 Years in the Life of Borderland” edition to the agenda. Voting yes: Hanson, McBride, Lepper, Pavleck; voting no: Chezick. Motion carried.

2001/02-69 Motion by Pavleck, seconded by McBride to authorize up to $500.00 from the Administration Budget for the County’s participation in the “100 Years in the Life of Borderland” publication by the Daily Journal with the final draft of the County’s layout provided to the Board for review. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair set a meeting for Wednesday, March 21, 2001 from 9:30 a.m. to noon to conduct committee business and directed the Coordinator to contact the Ninth Judicial District Court Administrator to set up a meeting to discuss office space for the District Court.

2001/02-70 Motion by Lepper, seconded by Pavleck to adjourn the meeting at 4:05 p.m. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.