Board Minutes

for

May 22, 2001

 

 

SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, May 22, 2001; 10:11 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: George Konecny, Barb West, Roger Andrascik, Doug Grindall, Jim Weikum, John Dalton, Waiva Menefee, Dennis Hummitzsch, Tom Morris, Terry Murray, Cindy Ellefson-Oswald, Susan Congrave, Richard Lehtinen, Harry Swendsen; Reporters Laurel Beager and Roger Jerome

2001/05-49 Motion by McBride, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board received notice that William Sandstrom resigned from his part-time deputy position in the Sheriff’s Department as of May 1, 2001.

2001/05-50 Motion by Chezick, seconded by McBride to authorize E-mail/Internet hookups for the County Surveyor and Weed Inspector. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/05-51 Motion by McBride, seconded by Lepper directing the Board Chair to send a letter to Ron Payer, Division of Fisheries Director expressing the Board’s concern with the disadvantage the four-fish limit on Rainy Lake poses for Koochiching County in competing for tourism when all other lakes in Minnesota will have a higher fish limit and to request his reconsideration of the limit for Rainy Lake for this reason. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board met with Voyageurs National Park (VNP) Superintendent Barb West and Acting Superintendent Roger Andrascik to receive explanations on recent activities in the Park. The Board questioned why the Wilderness Inquiry, a travel adventure organiazation out of the twin cities, was granted a permit for their adventure and how this differed from permitting a non-profit snowmobile club for a radar run. In addition, the Board was informed that this organization was able to reserve campsites. The Superintendent stated the permit issued to the Wilderness Inquiry falls under a separate section of the code for permitting commercial and private operations and in the case of permits to provide canoeing/kayaking guide service, the Park found that such service is necessary and appropriate for public use and enjoyment in the Park. The information received by the Board that this group was allowed to reserve campsites is incorrect. The only campsite that can be reserved is the handicap site. The second question the Board had is how the historical structure plan will affect use and management of the park. The Superintendent stated that the State of Minnesota will decide the historical sites that qualify for the national historic register and the purpose of this planning process is to establish a list of structures in the park that have historic potential to see what qualifies. Since structures on the historic register become a lifetime obligation, the Park needs to decide what they can afford and work with the State on what will be preserved. The request for public comment at this time is to help the Park decide what structures are of importance. She stated that there are sites on the historical register now that are used by the public access. There are however archeological sites that the public is denied access to protect the artifacts. Putting additional sites on the register is not intended to restrict areas but encourage and open up use for the public. The Board requested a list of the sites now on the register and those being considered. The Board received a letter from the Superintendent stating that the Park would not take any official action with respect to the “County Challenge Radar Run” in Voyageurs National Park on March 17, 2001 as they did not believe the public interest would be served through litigation or proceeding. However, this letter constitutes a notice to the Board that any further activities will be dealt with differently. Commissioner Chezick stated again that these community events are essential to their economy and this resort area is needed for the Park. He continues to hold the position that the Superintendent has the powers to allow these activities. The Superintendent stated there is no question resort ownership is difficult but this is a problem everywhere, not just in Voyageurs National Park. She agrees it is a serious issue but has a different view as to why it is. She does not believe it is because of the Park. Commissioner Hanson stated that her decision to not cite the Board shows she has flexibility and discretion. Having said this, he would like the parties to move forward on a cooperative agreement. The Superintendent stated, like law enforcement officers, she has discretion to cite or not but she can not change the law. Law Enforcement officers may or may not charge you for speeding but the fact that you are not cited does not change the speed limit. Commissioner Pavleck felt the Board did not violate the law but went the extra mile needed to protect their constituency and disagreed that Park rules do not impact the resort business. He stated that he would also like to move forward. More issues will arise where we disagree and he hopes a mechanism is found to work them out cooperatively. The Acting Superintendent asked where we stood on an agreement? Commissioner Hanson stated that we have had a cooling down period and maybe it is time to bring the proposals back to the table. Commissioner Chezick stated that the facilitator is the only party that has seen both proposals and that in talking with the facilitator, he received the impression that we are worlds apart on an agreement. He also stated that based on the conflict that was happening at that time, (the radar run), the facilitator recommended putting further meetings on hold. He stated that the County’s proposal is a give and take but the impression he received from the facilitator was the Park’s was not. The Superintendent stated that their proposal went off current law and taking baby steps to work together where they can and to seek congressional change for major issues. She also stated that she wants to work from this point forward and not go backwards. Commissioner Pavleck noted that at the first negotiation meeting the Superintendent made it clear that the general management plan was off the table, which is the crux of the current conflicts. Commissioner Lepper would like to swap proposals to see where we are. The Superintendent was also willing. The Board Chair directed the Coordinator to contract Facilitator Ron Erickson to see if he would set up a meeting where the parties could exchange proposals. The Board Chair noted the receipt of a National Park Service 2001 Management Policy Manual, a letter from St. Louis Commissioners Dennis Fink and Mike Foreman to the Superintendent pertaining to the proposed historic structures management plan, and a letter from the Superintendent informing the public on the proposed Voyageurs National Park Wildland Fire Management Plan and preparation of an environmental assessment. Commissioner McBride had been contacted by a number of constituents stating that the Park Service violated weight restrictions on the Gold Shores Road when hauling the Park’s Tour Boat to Rainy Lake Houseboats for launching. It appears that a Park employee made the decision to use this route when it was found that the Park’s launch would not handle the boat. The Highway Engineer heard the next day from Park employees that their road was incorrectly posted which was verified and corrected. He found out later about using the Gold Shores Road to haul the tour boat, which was beyond the road weight limit. He stated that no one has been out to see if there was damage to the road and that he has no authority to grant waivers for weight limits. The Superintendent stated that the boat was not in their possession until it went into the water as this was part of the purchase agreement and she did not know if one of her employees directed the vendor to use the Gold Shores Road.

2001/05-52 Motion by McBride, seconded by Pavleck directing the Highway Engineer to assess the Gold Shores Road for any damage that may have been caused by the hauling of the Park’s tour boat and report back to the Board. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Arrowhead Library System (ALS) Director Jim Weikum presented the Board a resolution to support a new library facility that will dramatically improve the quality and content of library services provided to citizens and library staff in northeastern Minnesota and allow access to disabled persons. In reviewing Minnesota Statutes, it has been determined that it is necessary that each participating county in the Arrowhead Library System enable ALS to proceed with the project. Director Weikum provided the Board informational booklets and brochures on the services provided by the ALS.

200105-53 Motion by Pavleck, seconded by Lepper adopting the following resolution in support of the Arrowhead Library System’s new library facility:

BE IT RESOLVED, by the Board of Commissioners (the "Board") of Koochiching County, Minnesota (the "Issuer"), as follows:

Section 1. Recitals:
1.01 Carlton County, Cook County, Itasca County, Koochiching County, Lake County, Lake of the Woods County and St. Louis County (the "Counties") have entered into a joint powers agreement pursuant to the provisions of Minnesota Statutes, Sections 471.59 and 134.20 (the "Act") for the purpose of forming the Arrowhead Library System (the "ALS") as a regional library system and providing for a library board to govern the ALS (the "Library Board").

1.02 The Act provides that the ALS provide free access to library services to all residents of the Counties without discrimination.

1.03 Section 134.20 of the Act provides that the Library Board has all the powers and duties of city and county library boards as provided in Minnesota Statutes, Sections 134.11, 134.12 and 134.13.

1.04 The Library Board, after due analysis and consideration has deemed it necessary and advisable that it purchase grounds and erect a library building in the City of Mountain Iron, Minnesota for the purposes of conducting its operations serving the residents of the Counties as required by the Act.

1.05 Minnesota Statutes, Section 134.11 provides that with the approval of the boards of commissioners of the Counties, the Library Board may purchase grounds and erect a library building thereon.

1.06 Representatives of ALS have represented to the Board that the acquisition of land and construction of a building in order to provide better library services to the residents of the Counties will not result, in and of itself, additional expenses, duties or liabilities to the Counties.

The proposal of the ALS to purchase grounds and erect a library building on such grounds is hereby approved by the Koochiching County Board of Commissioners. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:45 a.m. No comment was provided.

000 The Land Commissioner and Assistant Land Commissioner updated the Board on the 2001 Spring Rainy River Fishing Season and site usage. The Assistant Land Commissioner stated that people were turned away from one site and that this season is very well promoted and attended. Cost to the County was $8,048.00 with $2,500.00 reimbursed by Lake of the Woods County. The Board Chair suggested more reimbursement from Lake of the Woods County due to the enormous economic benefit they receive from this Season and the increasing cost to our County to manage it. The Board was informed that more work is being done to the campsites in Black Bay and that the Rainy Lake Sportsfishing Club members have volunteered to check the sites through September. A six-foot by twenty-foot floating dock was constructed at Clear Lake which is heavily used by the public. Work is being done on the well at the Loman Park and 205 acres have been aerial seeded with black spruce this spring.

2001/05-54 Motion by Chezick, seconded by McBride setting the pay rate for the Weed Inspector at $10.00 per hour per the Temporary Hire Pay Scale and County Policy. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/05-55 Motion by Chezick, seconded by Lepper authorizing the KCCS Directorship to request proposals for guardianship/conservatorship services. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/05-56 Motion by Lepper, seconded by McBride approving the MR/RC Waiver Single County Plan as recommended by the KCCS Directorship contingent on review by the County Attorney. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/05-57 Motion by Lepper, seconded by Chezick accepting the following Foster and Day Care license recommendations: Case #20459 licensing family day care for ten children. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/05-58 Motion by Lepper, seconded by McBride to approve payment of claims for social service and financial programs and administrative expenses with detail on file in the Community Service Agency. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

000 The Board was informed that the Fargo Cafe in Big Falls sustained fire damage and was the site where sixteen seniors were provided meals by A.E.O.A. Work is being done to find another location to service these seniors.

2001/05-59 Motion by Lepper, seconded by McBride acknowledging the Professional Advisory Committee minutes from their meeting of May 18, 2001. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried

2001/05-60 Motion by Chezick, seconded by Lepper to approve the Public Health bills in the amount of $14,267.58 with detail on file in the Public Health Department. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried

000 The Public Health Director reviewed the Department’s Quarter 1, 2001 Financial and Statistical Report with the Board.

000 The Board was informed that Donita Ettestad was hired for the .60 public health nurse position approved in Board Motion 2001/04-21 with a starting date of May 29, 2001 and that Diane Forberg will transfer to the new .25 public health nurse position, also approved in Board Motion 2001/04-21. The Director requested that Ms. Forberg be allowed to work up to 24 hours/week until she goes on leave to assist in the orientation of the new hire and home visiting and that this additional cost is covered by her unpaid leave time.

2001/05-61 Motion by Lepper, seconded by McBride authorizing Diane Forberg to work up to 24 hours/week until she goes on leave in July to assist with orientation of the new hire in her former position and home visits and that upon her return from leave she work the hours of the .25 public health nurse position. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried

000 Due to the fact that the legislature will go into special session, the Board Chair cancelled the legislative update scheduled with our lobbyist on May 29, 2001 and will reschedule based on our lobbyist’s advice.

2001/05-62 Motion by Lepper, seconded by Pavleck authorizing the Board Chair to send a letter of congratulations and a Certificate of Recognition to Krista Skoglund to honor her first place position in the Arrowhead Region’s Source Reduction Art Contest. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried

000 The Board Chair had contacted the Environmental Service Director to seek information on the recent Abitibi Mill spill and whether our emergency service officials were notified of the spill. The Director contacted an Abitibi manager and was informed that they detected the spill within hours and began immediately to clean it up and they continue to monitor the situation. Water samples are being sent to the Ministry of the Environment (MOE) and a report of their findings will be prepared and available to us. From information gathered, the spill’s impact on the environment is not adverse based on the data submitted to the MOE. The Abitibi manager stated they have a response procedure in place but there is no procedure to notify our emergency officials. The Director is still researching and collecting information on this matter and discuss our need to be notified of these matters.

000 The Environmental Service Director informed the Board that the City of Mizpah is not willing to lower their lease fee for additional land to establish a yard waste site. They stated that the land requested for this site is about the same size as the land leased for the canister site for which we are paying a $300.00 annual lease fee.

2001/05-63 Motion by Pavleck, seconded by McBride authorizing the Environmental Service Department to amend its current contract with the City of Mizpah for the purpose of adding more property to the Mizpah Canister Site for the collection of yard waste with an amended annual lease fee of $600.00. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried

2001/05-64 Motion by Chezick, seconded by McBride authorizing payment to Wagner Construction, Inc. in the amount of $4,571.89 for past work on the leachate basin at the transfer station with payment from the 2001 Environmental Service Budget. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried

2001/05-65 Motion by Chezick, seconded by McBride accepting the following recommendations of the Planning Commission: 1) approve combination Rezoning (REZ#0102) and Conditional Use Permit (CUP#0102) for zone change to C-2 for a mini and boat storage facility and home occupation welding shop on County Road 145 south of Rogers Corner; 2) approve a Conditional Use Permit (CUP#0103) for a three-day flea market in 2001 and maximum two event flea markets in subsequent years for Carl Looney and Diane Howen-Looney at 4850 Highway 11 west of Brown’s Corner. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried

000 The Environmental Service Director and International Falls Mayor who serve as members of the local Blandin Community Investment Steering Committee provided more information to the Board on their request seeking County support for development of a economic development strategic plan and local match for a Blandin Foundation grant for the project. The group is seeking a grant for $160,000 with a portion going towards development of a greater International Falls economic development plan, a portion going towards the cost of a project coordinator and a portion going to the development of a community center in the Backus/AB facility. A twenty-five percent local match is required which can be a combination of cash and in-kind. The grant application deadline is June 1, 2001. At the last Board meeting, it was stated that the KEDA was in support of this project but the KEDA Chair stated there was no formal action taken. There also seems to be miscommunication with the Economic Development Director as the group understood his position to be in support of this project but now it appears his position may have changed. The City of International Falls and Ranier support the project. Commissioner McBride, also serving on the Blandin Steering Committee, is supporting the project because of the funding it will provide for maintaining the Backus facility until a long-term solution can be found. He did question whether there was a need to hire consultants to establish plans when we have an economic development director. Commissioner Lepper also voiced his concern with the majority of funding going to hiring consultants. The Environmental Service Director stated that a project coordinator was needed to ensure the work gets done as everyone now is volunteering their time to the goal. Commissioner Lepper also expressed concern with only a partial economic development plan and asked why a county-wide plan is not being sought? The Environmental Director stated that this was his position also but that Blandin advised the group stay focused to the Greater International Falls Partnership and the group agreed. Commissioner Hanson stated that he is working with ARDC and the Forest Service to develop an economic plan for the southern part of the County. Commissioner Chezick stated that there is uniqueness in the different parts of the County and it may be better to do separate plans. He advised that the group look at the plans that have already been done strategizing economic development for the County. The Coordinator asked if this proposal was brought to the KEDA as this seems to be the authority to lead the project. The Mayor stated that the plan is intended to be part of KEDA but there has been some misunderstanding in the process. Commissioner Pavleck stated that he would support additional county dollars to match additional grant funds for a countywide economic development plan. The Director agreed and felt it would be easier to do a full plan than doing it in pieces. He stated that the Steering Committee is meeting tomorrow and he would share the Board’s desire for a countywide plan. The Mayor stated that Blandin is on board with the Greater International Falls Plan but he does not see why they wouldn’t consider a larger scope of an economic development plan as long as there is commitment for additional local grant match.

2001/05-66 Motion by McBride, seconded by Pavleck supporting a Greater International Falls Economic Development Strategic Plan as presented by the Local Blandin Community Investment Steering Committee to include development of an economic development plan and using Backus/AB facility as a community center and further, supporting the Blandin Foundation grant application in the amount of $160,000 for this project with the County committing up to $10,000 for its share of the local match with expenditure from Koochiching Development Authority funds. Motion further includes consideration for a county-wide economic development plan with the understanding that the County would provide additional funds for the local grant match. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried

000 The Board received a letter from the Chamber of Commerce that a special meeting will be held on Tuesday, May 29, 2001 to explore options for retaining the AB/Backus building, swimming pool and recreational programs. The Chamber is proposing to come up with a petition to start discussion again with the Board to consider the formation of a subordinate taxing district to fund these facilities and programs. This petition would explain to the Board that the Chamber wants to ensure the public is completely informed and we have explored all options and costs before the building or buildings are torn down. Commissioner Pavleck pointed out inaccurate information in this letter which stated that the County Board voted against exploring a taxing district or other means for financial support to ensure the buildings or building continue to be an asset to the community. He stated the Board voted down Commissioner Chezick’s proposal for a taxing district that would force a levy for 2002 because there were too many questions unanswered and that the Board supported holding informational meetings to get more information and feedback from the public. Commissioner McBride again stated that the Blandin grant if obtained would provide financial support to the Backus/AB facility for a year, which will give the community more time to consider its options. Commissioner Lepper asked what the school’s position was on whether a taxing district for maintaining these facilities and programs would impact their attempt at an educational levy? Commissioner McBride stated that School Board Member Susan Boyle felt that having these issues financially resolved would help the school district. Commissioner Pavleck stated that he was willing to provide financial support to maintain the facility for a year to give more time to consider options. Commissioner Chezick stated that the speed issue was dictated partly by his proposal for a 2002 levy. Commissioner McBride stated that the school intends to mothball the facility this summer if an option to maintain it is not found.

2001/05-67 Motion by Lepper, seconded by McBride to table the following motion and to bring it back for consideration at the June 5, 2001 meeting: Motion by Pavleck, seconded by McBride approving up to $30,000 of County funds to School District 361 to maintain the Backus/AB facility for the upcoming year contingent on an equal match by the City of International Falls and contingent on the school being able to accept the funding without jeopardizing their State aid. Voting to table: Hanson, McBride, Lepper; voting no: Chezick; absent for vote: Pavleck. Motion to table carried.

2001/05-68 Motion by McBride, seconded by Lepper to adjourn the meeting at 3:40 p.m. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried