Board Minutes

for

March 7, 2001

 

RECONVENED THE MARCH 6, 2001 MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Wednesday, March 7, 2001; 1:30 p.m.

MEMBERS PRESENT: Commissioners Hanson, McBride, Lepper (attending at 3:00
p.m. due to road conditions), Chezick, Pavleck

MEMBERS ABSENT: None

OTHERS ATTENDING: Arlan Gunnerson, Debra Gunnerson, Dan Vertina, Sheryl Vertina, Dan Griffith, Joan Melonowski, James Hummel; Reporter Laurel Beager

000 The Board continued discussion on holding the radar run for the Kabetogama area. Commissioner Chezick presented the Board a draft resolution detailing the reasons why the Koochiching County Board is justified in holding the run and the authorization to carry out the event. The resolution excluded requesting a permit from the VNP Superintendent as it is the Board’s position that the National Park Service does not have sole jurisdiction and final authority. However in the name of cooperation, the Board could request a permit to allow them the opportunity to support this community event. He also stated that public relations is needed to give this event the proper attention and has a recommended firm from Duluth. With regards to legal counsel, the Board is advised to contact the Attorney General Office to make them aware of this issue and have them provide an opinion on the jurisdictional issue. Lastly, the Board needs to take extreme measures that no one is hurt and no one violates law. Commissioner McBride stated that the federal judge hearing the jet ski case, pointed at the two Commissioners attending and stated that any more challenges on the water jurisdictional issue will be viewed harshly as the Brown case gave the final opinion that the Park has jurisdiction over the waterways. With this information, he stated that Board has another option and that is to have the State challenge the federal court on the waterway jurisdiction. Commissioner Pavleck stated that his position is firm that we challenge the Park by holding the radar run. We can not afford nor do we have the resources and contracts to challenge the Park in federal court and he is very troubled by the federal judge’s statement. He would also recommend that economic and other development funds (non- taxpayer dollars) be used to cover any expense in holding the run. He realizes the jeopardy we face but feels strongly it is the only way for us to get the attention and support to have a say in park management and protect our way of life. Commissioner Chezick agreed and stated that we have to hang together on this. Attorney Dan Griffith asked two questions for consideration. Who has the authority to decide issuance of the permit and assuming it is the superintendent, who has authority to override her decision? He believes this is an executive issue not a judicial issue. Commissioner Pavleck made it clear that this is not a personal issue and is not against other park personnel. It is strictly with the Superintendent and her decisions. Commissioner Chezick stated that St. Louis County representation is not an issue. Per Sheryl Vertina, permits are also needed from St. Louis County and DNR and are independent from the Park permit and each other and that insurance coverage for this event can be obtained quickly. Commissioner Lepper stated that his concerns on liability seem to be answered and is in support of the resolution and holding the run. In addition, he was informed by a resort owner that a proposed site for the radar run is in Koochiching County and is outside the wolf zone. In conversation with the Attorney Generals Office, Commissioner Pavleck was told that the State has not responded on the Eight Circuit ruling on the Brown Case and stated that this ruling is not as clear as what the federal judge had stated. He agreed that per MN statute, the State has the obligation to defend their jurisdiction over the waterway. Commissioner Chezick stated that facts are different in each case and that this case will be state versus federal, not individuals.

2001/03-14 Motion by Pavleck, seconded by Chezick to adopt the following resolution in support of the Koochiching County Board sponsoring the Kabetogama area radar run:

Whereas, the Koochiching County Board in meeting finds unanimously the following:
a. That in this portion of northern Minnesota the winters are long with short days and long nights.
b. That certain winter Community events provide a healthy and wholesome environment where its citizens can spend a day outside establishing healthy relationships.
c. That these events reestablish a sense of community which in turn provides a healthy environment in which to live and raise families.
d. That these activities have become part of the culture of this and other rural areas.
e. That the elimination of these activities would pose a threat to the continued existence of these rural communities.
f. That ice fishing contests, snowmobile radar runs and similar activities provide this needed recreation and cultural activity in this isolated northern area. The Board recognizes that other areas develop their own traditional activities in which a sense of community is preserved. It is the belief of the Koochiching County Board that the unique character of different regions is a valuable asset to the future of this nation. It is this Board’s belief that it should not be the mission of the United States to adopt policy which would destroy community traditions unless they can be shown to be a threat to the nation or the people who engage in them.
g. It is the finding of this Board that the refusal by the Superintendent of Voyageurs National Park to issue a permit for conducting a radar run along the southern border of Voyageurs National Park is not based on any evidence that the conducting of such presents a threat to the resources of the Park. It is the opinion of this Board that this refusal is an exercise of bureaucratic power, motivated by a desire to intimidate the County and community.
h. That the refusal to issue a permit for these activities after so many years of doing so constituted an arbitrary and capricious action by the Superintendent. Further that the Superintendent took this action without consulting with or even notifying local units of government. This action conflicts with stated Federal policy promising consultation and cooperation with local units of government. Additionally, supporting this contention is the reality that the NPS claims they exercise concurrent jurisdiction with State government and its political subdivisions, which implies an obligation to consult and confer.
i. That management of VNP contemplated such action long before taking it and had good cause to know that such action would be controversial and should have been adopted in accordance with section 1.5 part b of the Federal Code of Regulations.
j. That the State of Minnesota adopted as law the position (84B.061), that the State of Minnesota never surrendered jurisdiction over waters of Voyageurs National Park, and counties as political subdivisions of the State are required to abide by the Laws of the State.
k. That these and other actions by the Superintendent violate both in letter and spirit many regulations contained in part 36 of the Code of Federal Regulations.
l. The Koochiching County Board as a political subdivision of the State of Minnesota concurs and abides by prior contention that the State of Minnesota did not cede its jurisdiction over the waters of Voyageurs National Park when it ceded the land to the United States Government.
m. The Board further finds that since the creation of this park there has been a continuous decline in the tourism industry, which presents a further threat to the continued existence of the community.
n. This Board also finds that although the vast majority of the Park lies within St Louis County, the largest and gateway city for the Park is within Koochiching County, and any actions by VNP have a profound impact upon the citizens of Koochiching County.

NOW THEREFORE BE IT RESOLVED THAT the Koochiching County Board finds its obligation is to provide for the welfare of its citizens and that the following actions are necessary to do so and directs the following actions be taken on behalf of the Citizens of Koochiching County.

a. That this County Board shall act as the sponsor of a radar run to be held on March 17, 2001 at 11:00 a.m. at a location along the south shore of Lake Kabetogama. That Board Members and staff who participate in organizing this activity are doing so as agents of this County.
b. That it is the desire of this County that the aforementioned radar run be conducted on all or part of Lake Kabatogama that lies within Koochiching County. However, if holding the event in this area would be within or appears to harm any area closed to protect the wildlife in that area, the County will stage the radar run several thousand feet east of the county line at the traditional location of such runs, previously approved by park officials.
c. That the radar run will only take place upon the issuance of necessary permits from St Louis County and the Minnesota Department of Natural Resources.
d. That the Chairman of the Board shall act as the chief agent of this County and be empowered to assign duties to Board members and staff and authorize the use of County facilities and equipment to achieve the directions set forth here.
e. The Chair is empowered to accept contributions of money or resources to assist the County in carrying out this activity. In no case may County tax money be used as awards to contestants, however, contributed money and resources may so be used provided they are donated for that specific purpose. Also entry fees if collected may be used as awards provided they are first used to replace county funds used to stage this contest. No individual under the age of majority shall be allowed to enter as a contestant and all contestants shall be required to sign a document reliving the County of liability.
f. That all radar run expenditures be funded by donation, entry fees and development dollars and that a request be submitted to the Koochiching Development Authority to fund such expense as an economic development initiative.
g. That the Board Chair is empowered to make the decisions necessary to carry
out the radar run including determining a site and obtaining permits and is authorized to continue discussions with the Superintendent to reach agreement to allow the radar run to continue.
Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair stated that the committee of Commissioner Pavleck and McBride would be maintained and hereby authorize said committee to begin work necessary to organize the event and report back to the Board at the March 13, 2001 meeting. The Board held discussion on a motion requesting the removal of Superintendent West. Though there seemed to be support due to her lack of community support and concern, members felt that the request was not timely and needed to focus on one issue at a time. Commissioner Pavleck stated that the radar run challenge is not to be construed as a personal attack but our way to get attention and support for our community and way of life. What is personal however, is the impact the Park’s decisions have on our public’s way of life. The people are hurt. Commissioner Lepper stated that this is not a personal thing with him. Superintendents in the past had much different management styles and management was less stringent. This is about how she is managing the park, not about federal policy.

2001/03-15 Motion by Lepper, seconded by Pavleck to send a letter to the VNP Superintendent’s superiors asking for the removal of Superintendent West. Voting yes: Lepper, Pavleck; voting no: Hanson, McBride, Chezick. Motion failed.

000 The Board agreed they would continue to retain the legal services of Attorney Dan Griffith.

2001/03-16 Motion by McBride, seconded by Chezick to send all correspondence and resolutions on this VNP matter to Secretary of Interior and National Park Service officials and Federal and State delegates. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-17 Motion by Lepper, seconded by McBride to adjourn the meeting at 3:50 p.m. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.