Board Minutes

for

March 13, 2001

 

 

SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, March 13, 2001; 10:35 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Jack Bergstedt, Einar Sundin, Allan Burchell, Lee Konen, Debra Gunnerson, Jill Malonowski, Lester Malanowski, Vivian Kec, Larry Kec, Sheryl Vertina, Barry Woods, Rick Swatek, John Nuthak, Debra Sanders, Pat Harris, Tom Morris, Duane Nelson; Reporters Laurel Beager and Roger Jerome

2001/03-18 Motion by McBride, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/03-19 Motion by McBride, seconded by Lepper to approve the minutes of the March 6 and 7, 2001 regular meeting. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/03-20 Motion by Lepper, seconded by McBride to allocate $34,000 of the Administration Personnel Budget for staff training, approving a contract with Body Logic Health Management for ergonomics, harassment and violence in the workplace training, approving a contract with Rainy River Community College for providing a training facility and approving the 2001 training plan as presented by the Coordinator. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/03-21 Motion by Chezick, seconded by McBride to authorize payment up to $1,420.00 from the Administration Projects Budget for the purchase of a paper folder machine for County departments. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/03-22 Motion by Lepper, seconded by Chezick adopting the following resolution in support of the State of Minnesota’s Voting System Upgrade Program:

Whereas, every voter in Minnesota is entitled to equal treatment in the casting of their ballot, and

Whereas, this equal treatment is a constitutional requirement, and

Whereas, there is currently a variety of voting machines in Minnesota, resulting in unequal treatment, and

Whereas, Minnesota has led the nation in adopting legislation to eliminate the use of outdated equipment, such as lever machines and punch cards, and

Whereas, counties and local governments have limited resources to solve this problem.

Now, therefore, be it resolved, that the Koochiching County Board of Commissioners supports:

1. The voluntary participation by local government in the Voting System Upgrade Program.
2. The efforts of the Secretary of State to seek state funding to help local governments to upgrade equipment.
3. The efforts of the Secretary of State to ensure that Minnesota receives federal funding for the acquisition of upgraded voting systems if money is made available by Congress.
4. The Secretary of State's Voting System Upgrade Account for distributing federal and/or state money for the acquisition of upgraded voting systems.
Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion
carried.

2001/03-23 Motion by Chezick, seconded by Lepper to adopt the following resolution providing the County’s recommendation for resolving the PERA Coordinated Fund Deficiency:

Whereas; the Public Employees Retirement Association (PERA) Coordinated Plan faces a deficiency of over $1.2 billion; and

Whereas; the majority of employees of counties and cities, and a portion of school district employees are members of the plan; and

Whereas, the Legislature, not the local governments, set the benefit levels, membership eligibility, and contribution rates; and

Whereas, PERA employers already pay the highest contribution rate (5.18%) of the three major public pension plans (TRA – 5% & MSRS 4%); and

Whereas, if contribution rates are increased substantially PERA active employees will pay a significantly higher percentage of their salary for the same benefits as members in the other two major plans; and

Whereas, in 1984 PERA, with a sufficiency in funding, helped to bail out the Teachers Retirement Association when it was facing a deficiency; and

Whereas, the PERA fund and its employers were never paid back for this assistance; and

Whereas, making PERA employers and active employees shoulder the entire burden of the deficiency would lead to higher property taxes.

Therefore; the Koochiching County Board of Commissioners supports a comprehensive solution to the PERA funding deficiency including:
a. state funding of .75% of payroll ($27 million) through a direct state general fund appropriation or assistance from the other major state pension plans.
b. employer and employee contribution rate increases of not more than .375% beginning on January 1, 2002; and
c. extending the amortization period from 2020 to 2031; and
d. changing vesting period from 3 years to 5 years; and
e. reducing the post-age 55 interest on deferred retirement benefits; and
f. allowing enhanced refunds for employees who quit employment prior to retirement; and
g. prorating service credit for certain part-time employees.

Furthermore, the Koochiching County Board of Commissioners firmly believes any solution must include a state appropriation and cannot solely burden PERA active employees and local government employers. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/03-24 Motion by Chezick, seconded by McBride authorizing the Board Chair and Auditor’s signatures to the MN Trail Assistance Program Supplemental Agreement for the purpose of facilitating a transfer of additional funds for the Hagerman Trail from the State Program to the respective Snowmobile Club. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

000 The Board was handed a permit offer from the Voyageurs National Park Superintendent for the proposed radar run on March 17, 2001. The offer would prohibit a radar run but offers a parade, demonstration or pageant within the park’s designated speed limit of 50 mph. In addition, no admission or entrance fee can be charged, the event cannot be advertised and the event cannot violate noise and speed limits within the Park. Commissioner Chezick stated that in law the speed limit for the park is 45 mph yet it is at 50 mph. This is a prime example of the Superintendent’s authority to bend the rules. The Coordinator stated that applications have been submitted to the DNR and St. Louis County Sheriff for required permits and liability insurance has been obtained. The St. Louis County Sheriff stated that he would only issue a permit for the event that is allowed by the Park. The Koochiching Sheriff will work with St. Louis County to provide law enforcement for the event and the Kabetogama First Responders will be on site for medical emergency services. The liability waiver form is drafted and if the Park does not grant a permit, a clause will be added that the County will not be responsible to defend or indemnify the participants should they receive a citation. A lease agreement has also been drafted for the groomer. Commissioner Pavleck stated that the City of International Falls, Chamber of Commerce and City of Ranier adopted resolutions of support to the County Board for their radar run challenge. Superintendent West was also in attendance at these meetings to give her reasons for denying the permit. Commissioner Pavleck does not see her permit offer as a compromise or acceptable. The Board referenced statements made by Superintendent West in the newspaper. “I will allow them to hold a parade and hold up placards saying how horrible I am.” “We’re absolutely not going to do anything that would lead to a confrontation because that’s what they want, they want something bad to happen and we aren’t going to let it.” Discussion was held on the motion by Lepper to ask for the Superintendent’s removal due to her arrogant and capricious management style. Commissioner Pavleck agreed. We need someone who will take into account the people and economics of the area and asked at what point the Board would support calling for her removal. Commissioner McBride again quoted her statements in the newspaper and stated his full support to request her removal. A motion by Chezick for a friendly amendment that the County Board ask for a formal investigation into the Superintendent’s management of the Park based on her lack of professionalism and her arrogance and abuse of powers but the motion failed for a lack of a second. Board members felt an investigation would take too long and allow her to do even more damage. Commissioner Hanson stated that he would not support the motion as we need to deal with the issue at hand, the radar run. He stated that she did not stay at the meeting today because she didn’t feel like sacrificing herself to public criticism today. He feels she made an effort to cooperate by her permit offer.

2001/03-25 Motion by Lepper, seconded by Pavleck asking for the immediate removal of Barb West as Superintendent of Voyageurs National Park due to the negative impact her arrogance and unprofessional manner and abuse of power has on Koochiching County and its public. Voting yes: McBride, Lepper, Pavleck; voting no: Hanson, Chezick. Motion carried.

000 Commissioner Chezick, in getting back to the Superintendent’s permit offer, said it was a farce and that we should not have applied for a permit from the Park in the first place. The Superintendent will do everything she can to bring this down to individuals, not government to government. (Chair to McBride.) Commissioner Hanson felt the County should honor the permit within the conditions offered and find another means to find resolution. Commissioner Pavleck respectfully disagreed and stated the permit offer provides nothing. If we are going to succumb to this than I have better things to do. This offer is her way of saying she gave a permit – it is a joke. Commissioner Hanson stated that historically no one challenging park rules has won. He feels the political avenue may be the best chance and is looking for a way to move forward without going to court. Commissioner Chezick stated that this issue would be tried in public opinion as government responds where public opinion calls for it. Commissioner McBride agrees. Organizationally what can we do with her permit offer? Commissioner Pavleck stated that if we hold the run, the worst case scenario is we go to jail but the area will receive the publicity that there is something wrong with the management of this park. Commissioner Hanson stated that no one from higher up has even called. Commissioner Lepper stated that is understandable. We are at ground level and at best, they are 300 miles away. The reality is we make the calls – they don’t call us.

2001/03-26 Motion by Chezick, seconded by Lepper authorizing the County Board to proceed with the radar run upon receipt of the proper permits from the State and County. Voting yes: McBride, Lepper, Chezick, Pavleck; voting no: Hanson. Motion carried.

000 The issue was brought up that without the permit from the Park, St. Louis County will not issue their permit. Allan Burchell, resort owner in Kabetogama, stated that the run could be moved to Koochiching County. Sherri Vertina cautioned the Board that if they move the run, to make sure it is not publicized as being held in an environmentally protected area. Larry Kec concurs. We have to have it right in the media. The normal site was picked by the Park because it was safe and user friendly and now they are saying it is not. The main issue is not the run but the fact that the superintendent has the power to alter federal laws and is holding it over our heads and hurting the people and our economy. He also questioned why we could not charge an entry fee yet she can allow a tour boat in the park and charge passengers a fee. What doesn’t fit her agenda is not allowed. Though he thanked the Board for their support, he cautioned we not burn any bridges. Commissioner Hanson stated the Superintendent’s overture in the past week was more flexible and is reflected in the permit offer. Commissioner Chezick disagrees and stated the Chair has tried to find a compromise for the Board but it is not there. Allen Burchell stated that if the resorts can’t make money on the event, what good is her permit offer. The public attending felt the Board was right in this quest. The Coordinator later reported that the St. Louis County permit would not be granted without the Park permit. The Board submitted a request to the Koochiching County Sheriff to issue the permit as required under MN 86B.121 as the event will be moved into Koochiching County, just northeast of Sandy Point Lodge. Sheriff Nelson stated, after investigating the request with St. Louis, DNR, Park and County Attorney, he would issue the permit contingent on the County having insurance coverage, that the County does not break Minnesota Law or County Ordinance and the County receives the speed and noise waiver from the DNR. The Board agreed and stated they would have the surveyor go out and determine the County line.

2001/03-27 Motion by Pavleck, seconded by McBride authorizing payment of $203.08 from the Administration Projects Budget for insurance coverage for the County Radar Run Challenge with said payment reimbursed by economic development funds. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-28 Motion by McBride, seconded by Pavleck to add hiring a consultant to assist the County in establishing a veteran memorial park to the agenda. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-29 Motion by McBride, seconded by Lepper to accept the quote for professional services of MacDonald and Mack Architects in the amount of $15,500 for schematic design work for establishment of a County veteran memorial park with funding from the County Building Budget. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-30 Motion by Lepper, seconded by McBride approving a Right of Way Permit to Michael Michaelson crossing the South ½ of the North ½ of the NW ¼ of the SW ¼, Section 1, T159N, R26W, charging the $100 standard fee plus recording cost as recommended by the Land Commissioner. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board received a letter from the Soil and Water Conservation District Board requesting the County review the policy within the Tax Forfeit Management Plan concerning payment and stipulations on the purchase of agricultural tracts. Under current policy, payment is due in full within thirty days but title to the land is not available until all stipulations are met which could take up to five years. The policy creates a situation where the property owner has paid for the property but does not hold the title. The purpose behind the policy was to ensure that agricultural land would be used for agricultural purposes. Commissioner Hanson informed the Board that current policy impacts one parcel on the upcoming land sale. The Assistant Land Commissioner did not believe this parcel was at issue but stated there may be parcels in the future where this will be an issue. The Board agreed to defer the request for a policy review to the upcoming Tax Forfeited Management Plan review process and allow current policy to govern parcels in upcoming land sales.

2001/03-31 Motion by Chezick, seconded by Lepper approving a pay rate of $13.37 (80% of the B23 banding) for a temporary health educator hire in the Public Health Department per County Policy. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/03-32 Motion by Chezick, seconded by McBride to adopt the following resolution in support of the Tri-County Youth Development Project:

WHEREAS, the Minnesota Department of Human Services is currently funding the Community Health Board for a Tri-County youth Development Project; and

WHEREAS, the Minnesota Department of Human Services has announced the availability of continuation funding for 2001-2002; and

WHEREAS, the Community Health Board has indicated an interest and intent to reapply for the funds from the Department of Human Services.

NOW THEREFORE, BE IT RESOLVED that the Koochiching County Board supports submission of a grant application by the Aitkin-Itasca-Koochiching Community Health Board for the continuation of the Tri-County Youth Development Project. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair deferred the Environmental Service Department’s billing policy to the March 20, 2001 agenda. With regards to basin planning, Commissioner Lepper stated that Board members would discuss the issue at length with the other affected counties at the AMC Legislative Conference.

000 The County’s lobbyist stated that he is arranging a meeting with MN Planner Dean Berkley to review the Governor’s Budget and its impact on the County and is requesting a letter from the Board Chair to initiate this meeting. A Senate hearing was scheduled for 4:00 p.m. today with attached machinery aid on the agenda. Because of short notice and booked flights, the Board Chair was not able to attend so our lobbyist and senator provided testimony on our behalf.

2001/03-33 Motion by Chezick, seconded by McBride authorizing Board’s attendance at the March 16, 2001 Associated Contract Loggers (ACL) hearing in St. Paul and the April 20, 2001 ACL banquet. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair recessed the meeting at 4:05 p.m. and will reconvene at 10:30 a.m. on Saturday, March 17, 2001 at Sandy Point Resort in Kabetogama to continue County Board business.

000 The Board Chair reconvened the special meeting on Saturday, March 17, 2001 at 10:30 a.m.. Present were Commissioners Hanson, McBride, Lepper, Chezick, Pavleck. The Koochiching County Board held their snowmobile event for the Kabetogama area due to the denial of VNP Superintendent to allow the area to hold this annual event. The County Board held the run in support of area communities and economic development. The Board was informed there was six times the normal turnout at the event.

2001/03-34 Motion by Lepper, seconded by Chezick to adjourn the meeting at 1:30 p.m. on March 17, 2001. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.