Board Minutes

for

March 6, 2001

 

 

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, March 06, 2001; 9:45 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Duane Nelson, Florence Hervey, Dennis Hummitzsch, Arlan Gunnerson, Debra Gunnerson, Dan Vertina, Sheryl Vertina, Barb West, Roger Andrascik, Ed Mettler, Paul Mielke, Mark Tromperter, Dale Olson, Doug Grindall; Reporters Laurel Beager and Roger Jerome

2001/03-01 Motion by Pavleck, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-02 Motion by McBride, seconded by Lepper to approve the minutes of the February 27, 2001 special meeting. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-03 Motion by Lepper, seconded by Pavleck to add discussion on the Rainy Basin Plan to the agenda. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-04 Motion by Lepper, seconded by McBride to defer the Complex Superintendent and Veterans Officer position descriptions to the Personnel Committee for change review and recommendation. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board was informed that Home Health Aid/Homemakers (HHA/HM) Lea Pritchard, Debra Gowell and Carrie Claybundy terminated their employment with the County leaving the Public Health Department with thirteen HHA/HM and that the Department is in the process of advertising for applicants to fill these vacancies. The Board was also informed that Barbara Paulbeck was hired as Sheriff’s Secretary/Receptionist with a starting date of March, 12, 2001.

2001/03-05 Motion by Lepper, seconded by McBride to approve payment of the Auditor’s bills in the amount of $50,315.18 to include $77.40 of non-board expenses; authorizing Board Chair’s signature to the Auditor’s February vendor payment listing verifying its review and to approve payment of the February Board of Prisoner Claim in the amount of $1,875.00. Payment detail is on file in the Auditor’s Office. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-06 Motion by Pavleck, seconded by McBride to approve payment of $1,050.00 to Northern Resources Center for review and analysis of VNP plans with payment from the Administration Projects Budget. Voting yes: McBride, Lepper, Pavleck; voting no: Hanson, Chezick. Motion carried.

000 The Board Chair stated that the Board’s lobbyist would like to conduct conference calls at Board meetings to update the Board on legislative activities when needed. Commissioner Chezick stated that ACA’s lobbyist John Ongaro would also be setting up a future conference call to update the Board. The Coordinator reviewed a report from the County’s lobbyist showing the impact of the elimination of the machinery aid to Koochiching County and an overview of the governor’s proposed tax reform plan to the current tax plan and the impact it has on Minnesota counties. An overall revenue loss of $242,062 is anticipated for Koochiching County under the Governor’s proposed plan. It was mentioned that these are preliminary figures as there are many questions that need to be answered before the true impact of the Governor’s proposed plan would be known. Commissioners Lepper and Pavleck stated that Dean Barkley, Minnesota Planner, met with the NCLUCB and during discussions, stated that he was very knowledgeable on the Governor’s proposed budget and would be willing to meet with the County during the AMC Legislative Conference to discuss its impact on Koochiching County. It was agreed to contact the County’s lobbyist and have him set this meeting.

2001/03-07 Motion by McBride, seconded by Pavleck approving the 2001 Boat and Water Safety Agreement with the State of Minnesota allocating funds to Koochiching County and further authorizing Board Chair’s signature to said Agreement. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board was informed that Bob Byman will be promoted to the Undersheriff/Investigator position on April 1, 2001.

2001/03-08 Motion by Lepper, seconded by McBride to defer the Sheriff’s request to update the Dispatch/Jailer position description to the Personnel Committee for change review and recommendation. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-09 Motion by McBride, seconded by Lepper authorizing the County’s participation in the Sustainable Forestry Initiative Program (SFI) and licensing process and authorizing expenditure of funds from the Land and Forestry Department for said participation as recommended by the Land Commissioner. Voting yes: Hanson, McBride, Lepper, Chezick; voting no: Pavleck. Motion carried.

000 The Land Commissioner provided the Board a request for a timber sale refund from Floyd Cole as he is going out of business. Per County Policy, the permit holder would be penalized ten-percent of the total sale value of the permit plus loss of the down payment. Additional penalties stipulated in County policy, such as loss of bidding in future sales, also apply. The Land Commissioner provided information on three previous requests and the action taken by the Board. The Board stated that if the individual is indeed going out of business, hardship could be considered. However the Board stated their concern with the individual being able to come back after the request is granted and bidding on future sales. Though there is a short-term penalty within the refund policy, the Board asked that this issue be reviewed in the upcoming Tax Forfeit Plan review.

2001/03-10 Motion by Pavleck, seconded by McBride to waive the ten-percent penalty on total sale value of timber permit K9001 held by Floyd Cole with all other penalties to stand under the Timber Sale Forfeiture Policy and with consideration based on the Policy’s exception to review hardship requests on an individual basis. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Land Commissioner informed the Board that he received a repurchase application for a small parcel of land in Loman that is tract #38 on the 2001 Land Sale list. The landowner stated that there had been a mix up on tax statements and was not aware that the property was up for auction until he saw the 2001 Land Sale list. The parcel is adjacent to his property and previously owned by him. The Land Commissioner stated that there is no time limit on repurchase requests for tax forfeited homestead parcels. The Land Commissioner would recommend approval of the repurchase request.

2001/03-11 Motion by Chezick, seconded by Pavleck to withdrawn tract #38 from the 2001 Land Sale list and grant the repurchase request to George L. Bilyeu with said property described as part of Lot 21 beginning 160 feet south of the southwest corner of Lot 3, Block 3, south 124.75 feet, northeast by 112 feet on west line of First Street northwest to beginning in Auditor’s Plat #17. . Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Commissioner Chezick stated that the County’s final draft for a cooperative agreement for a Voyageurs National Park joint management council has been submitted to the facilitator per the agreed process of the group. As of last night, however, the Superintendent has not submitted her draft but had stated at the last meeting with the County Board that she would submit it. He stated that the final draft now includes a 1,500 foot buffer zone in light of the denial of the radar run and addresses culture and community needs and the fact that park policy should not attack an area’s culture or way of life. Commissioner Pavleck stated that because the Superintendent has denied the permit for the radar run during negotiations to form a cooperative agreement, it is clear to him that the issues of importance to the local public will not be issues proposed by the Superintendent to cooperatively work on. Commissioner Pavleck proposed to the Board that they sponsor the radar run to show support of our community events that are so important to our culture, economy and our way of life. In addition, we should challenge the Park on every restriction they put in place that harms us economically and culturally. He is not advocating breaking the law but feels the County is justified in holding this event. The County is an arm of the State that did not cede its jurisdiction of the waters to the Park and has a public obligation to provide for the health of our communities. In addition, the permit has been granted from many years and the Superintendent did not receive a criminal penalty for allowing it to happen. The Superintendent made it clear at the last meeting that they are moving to eliminate all special permits in the Park. Commissioner Forsman of St. Louis County is in full support of this effort as well as Representative Anderson and Senator Lessard. With regards to holding the event in St. Louis County, he feels the County is well justified. Though only a small portion of the Park is in Koochiching County, it is our economy and public greatest impacted by change in the Park. He stated that he is concerned about spending taxpayer dollars to challenge the Park but felt this option was more affordable than the Superintendent’s suggestion to sue the Park. If we pursue this challenge, it would need the full support of the Board. Commissioner Lepper stated he was not against the idea but would want to talk it over with legal counsel. Commissioner Chezick stated that such a challenge was not foreign to this Board as we took a similar position on the wetlands mandate. He stated his support for the Board conducting this event but stressed the importance of keeping it in control as to not create public situations of civil unrest. We need to maintain the element of control. He also stated that he would be more comfortable holding the event in Koochiching County. Commissioner Lepper asked what the timeline was since spring is just around the corner. Commissioner Pavleck stated that time does not allow us to organize the full event but a smaller scale event could be set up in two weeks. Commissioner Lepper stated concern with liability and again stated that the Board needs to talk with legal counsel. Commissioner Pavleck stated that we want the event to draw enough attention to seek national support and recognition. In the end he would hope that a buffer zone would be created for this area and more support granted to the county for cooperative management of the Park. He does not want to underscore the risk involved in this challenge but feels a peaceful protest is a constitutional right. Senator Lessard feels the Board should hold it in the location in which past runs were held to show the close proximity of the resorts and the fact that wilderness is not being harmed. Commissioner McBride feels justified in doing something as other avenues have gotten us no where. He too feels we need to push the issue. The Park Superintendent is stating that this area is a national park and will be managed as such. He hoped that with all the documented past promises made to the people of this area it would not be managed as other national parks. Again Commissioner Pavleck stated that no one is above the law but he is convinced that this challenge is not breaking the law but standing up for our rights and protecting our public from unilateral decisions of the federal government and capricious decisions of the Superintendent. Commissioner Chezick stated that the County Board needs to take on the responsibility of our actions. We were elected to protect the interest and well being of the people we are answerable to. The full Board needs to be in support of this effort and authority needs to be given to Board members to get this underway in the short timeframe. Commissioner Pavleck stated that with the change in administration at the federal level, with the conflict out west in national parks and with the State not ceding jurisdiction of the waters, our timing is good to challenge the Park on this issue. Commissioner Lepper asked where St. Louis County was on this issue. Commissioner Pavleck stated that two commissioners are in support but otherwise the Board is split on Park issues. This would be a unilateral action by the Koochiching County Board and that these issues are bigger than the individual counties. Commissioner Chezick stated that we would need to adopt a resolution annunciating our reasons for holding this event. Commissioner Lepper questioned what the reasons were. Are we doing this to challenge park policy or the management style of the Superintendent. If we are challenging her management style, than he would submit a motion to call for her resignation. Commissioner Pavleck stated that the issues most sacred to us will not be on the table for discussion, we know that. We need to challenge their actions as they are implemented. That is what we are challenging. Commissioner Chezick agreed and did not want to make this a personal issue. The Board discussed what actions were needed to get this underway. Commissioner Pavleck stated that he would need the Board’s conceptual support so things can begin moving to organize the event. Per one of the organizers in the audience, permits are needed from St. Louis County and DNR, trophies or prizes are needed for the contestants, the track needs to be prepared and the event needs to be advertised. The Board would be looking at holding the event on Saturday, March 17, 2001. Commissioner Chezick suggested a motion authorizing the Board Chair to empower Commissioners to proceed with organizing the event and meet again tomorrow to further define the Board’s position in a resolution and to seek advice from legal counsel.

2001/03-12 Motion by McBride, seconded by Lepper empowering and directing the Board Chair to assign Board members duties to initiate a radar run event and authorizing the Board Chair to expend funds to sponsor the event. . Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair stated that the County Board will recess its meeting until 1:30 p.m., March 7, 2001, to further work out the details on sponsoring the radar run.

000 The Board Chair called for public comment at 11:45 a.m. Ed Mettler submitted a petition from a selected number of homeowners in the Jackfish Bay area asking they be excluded from the sewer project proposed for the area as the full-time residents in this area have inspected and fully functional systems, cost of the system is extremely high, cost of the project could be a financial burden to many seasonal residents, data being used to promote this project is greatly lacking and residents in this area feel the issue is a personal problem to be dealt with by the person who owns the property, not the public. Data used to support his project states that seventy-percent of the systems are failing and he would request that the County expend public funds to test these systems for failure to see if the system is warranted. Mark Trompeter, a property owner in another area of the Jackfish Bay area, agreed with the petitioner’s position and too would want to be excluded for similar reasons. He stated that the previous study for sewer was found not feasible in this area and asked what had changed to make it feasible now. Paul Mielke also agreed with the petitioners and stated his system is in compliance and asked that the Board address the health issues of failing systems before constructing a sewer system. Commissioner Pavleck stated that there is no proposal at this time because the group is still working to seek additional funding for the project. When a proposal is completed, there will be a full-blown public hearing. The County Board took the position not to force compliance checks due to the limited and stringent requirements set by the State and that systems in this area probably don’t meet state requirements. With no further comment, the Board Chair closed public comment at 11:55 a.m. and recessed the meeting for lunch.

000 The Solid Waste Technician filling in for the Environmental Service Director informed the Board that another private hauler is in arrears for making payment to the County for tipping charges and is being done under protest due to the agreement made with another hauler which does not charge penalty for overdue amounts. The Technician stated that a draft arrears policy was being submitted to the Solid Waste Advisory Committee tonight for recommendation and will be brought to the Board next Tuesday for consideration.

2001/03-13 Motion by Lepper, seconded by McBride to add to the agenda additional Highway fund allocation for road projects as proposed in the 2001 legislative session. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Highway Engineer stated that he received an e-mail from Julie Skallman, State Aid Engineer, informing him of the possibility of a one-time State dollar allocation proposal in the 2001 legislative session for road projects and that this funding is over and above the normal CSAH dollars received by the counties. The money would need to be spent in the 2002 or 2003 construction year. The Highway Engineer in reviewing his draft five-year CSAH Plan, stated he could move the Lindford and CSAH 31 bituminous projects to 2003 to meet the timeline requirement for the one-time allocation for Koochiching County of $1 million under this proposal. Because of legislative timelines, he needs to respond with the County’s position by Friday, March 9, 2001. Moving these two projects to 2003 frees up time and CSAH dollars for additional projects in 2005.

2001/03-14 Motion by Lepper, seconded by McBride authorizing the Highway Engineer to submit the County’s road project proposal for the one-time State dollar allocation for construction year 2002 or 2003 for legislative consideration. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Commissioner Lepper stated that Minnesota Planner Dean Barkley met with the NCLUCB and discussion was held on the State’s process for establishment of water basin plans in the State. Commissioner Lepper informed him of the Board’s opposition to the process as it is duplication of effort and overrides the counties water plans, which were mandated by the State. In discussions, Commissioner Lepper asked if the counties could write the basin plan themselves or whether the State’s basin plan could be simply a compilation of county water plans. He also informed Mr. Barkley that the MPCA representative that met with the Board informed us that if the County did not participate then MPCA would write the plan for them. Mr. Barkley stated that if we have a proposal, he would assist our efforts and set up a meeting with the appropriate representatives. Commissioner Lepper stated he would discuss this more with the other NCLUCB counties and report at the next meeting.

000 The Board Chair recessed the meeting at 2:55 a.m. and will reconvene at 1:30 p.m. March 7, 2001.