Board Minutes

for

June 05, 2001

 

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 5, 2001; 9:45 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Don Parmeter, Joe Gust, Clint Chase, Marybeth Jacobs, Pete Schultz, Shaw Mason, Bill Gray, Mike Williams, Steve Fox, Jim Bischoff, Mark Trompeter, Dale Johnson, Jerry Andre, Harry Swendsen, Rick Swatek, Martin Steinbach, Myron Choquette, Terry Glowack, Dennis Hummitzsch, Walt Buller, Doug Grindall, Ron Laurion, Richard Lehtinen, David Johnson, Mr. And Mrs. Adam Claybundy, Don and Lois Wellen, Walter Kosobucki, Steve Shermoen, George Nelson; Reporters Laurel Beager and Roger Jerome

2001/06-01 Motion by Lepper, seconded by McBride to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-02 Motion by Pavleck, seconded by McBride to approve the minutes of the May 15, 2001 regular meeting and the May 22, 2001 special meeting. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board received notice of the temporary hire of Keith Sutherland for weed inspection and Donald Zaren for summer work at the transfer station. The Board also received notice that Leslie Nicholson resigned from her part-time position in the Sheriff’s Office.

2001/06-03 Motion by Chezick, seconded by Pavleck accepting the recommendation of the Personnel Committee for no change in banding for the Complex Superintendent position description with the addition of telephone duties and no addition of emergency management duties to the Veterans Service Officer position description due to lack of information at this time. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-04 Motion by Lepper, seconded by Chezick accepting the recommendation of the Assessor to abate the following properties: Frank and Marion Anderson - two parcels for homestead credit, Douglas LaFrance - one parcel for homestead credit, Donald and Bette Thomas - one parcel for homestead credit, William Hanson - two parcels for special agriculture homestead credit. Voting yes: McBride, Lepper, Chezick, Pavleck; abstaining: Hanson. Motion carried.

2001/06-05 Motion by Lepper, seconded by McBride approving Internet and E-mail hookup in the Public Health Department for the new nurse hire. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-06 Motion by Lepper, seconded by Chezick appointing Don Billig to the East Koochiching Sanitary Sewer Board as recommended. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-07 Motion by Pavleck, seconded by McBride authorizing Board Chair and Auditor’s signatures to the MN Trail Assistance Program Agreement for the purpose of facilitating a transfer of funds (Hagerman,Voyageur Trail West and Loman Line - $40,000) from the State Program to the respective Snowmobile Club. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-08 Motion by Lepper, seconded by McBride to approve payment of the Auditor bills in the amount of $86,429.86 to include $41.40 of non-board expenses; to approve payment in the amount of $1,070.00 to Johnson, Killen & Seiler, P.A. for personnel legal service with payment from the Administration Budget; to approve payment in the amount of $2,867.35 to Flaherty and Hood, P.A. for lobbyist service with payment from the Administration Legislation Budget; and to approve payment of the May 2001 Board of Prisoners Claim in the amount of $1,770.00. Payment detail on file in the Auditor’s Office. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair acknowledged receipt of the AMC Leadership Summit announcement and registration form which will be held in International Falls on August 15 through the 17, 2001 and directed the Coordinator to register the full Board. The local Chamber of Commerce is working with AMC to organize this event.

000 The Board discussed the pending motion from their May 22 meeting to grant $30,000 to School District 361 to assist with the maintenance of the Backus/AB school for one year to allow time to look at options for use and funding of the facilities. Commissioner Pavleck attended a meeting set by the Chamber of Commerce on Tuesday, May 29 to pursue a petition to have the County reconsider a subordinate taxing district for maintenance and capital costs of the facilities. Commissioner Pavleck explained to the group that the petition may force the County Board to follow the process required by law to form a subordinate taxing district but it will not answer the questions that need to be answered before deciding how to fund the facilities. After discussion the group agreed that more information was needed before pursuing a taxing district and the Chamber agreed not to pursue the matter at this time. Commissioner Pavleck suggested that the County may support funding for a period of time until a market and use plan is established. Commissioner Lepper agreed and stated that he would like to see all the options and hold public meetings to get public input. Once we have this information we can decide a direction. Commissioner McBride stated there is a committee of county, school and city representation as well as the Chamber pursuing this matter and that he would carry this message to both groups. The Board took no action on the tabled motion.

000 Commissioner Chezick informed the Board that he and Attorney Griffith will be meeting with St. Louis Commissioners and their legal counsel on Thursday and Friday of this week to discuss Voyageurs National Park issues and to find a common direction for both counties to pursue input into the management and policy decisions for the Park. Commissioner Chezick stated he is attending this meeting as the Board’s representative as previously appointed but that if other members want this appointment he would vacate the appointment. The Board Chair stated he would keep the previous appointments at this time. A resolution was provided the Board from Northern Resources Center requesting Senators Dayton, Wellstone and Oberstar set congressional hearings on the proposed General Management Plan which is slated for adoption in July, 2001. Since the Board just received the resolution they agreed time was needed to review the request and felt St. Louis County and our legal counsel should also review the request. Commissioner Chezick agreed he would review the resolution with St. Louis County and legal counsel at their meeting this week. Don Parmeter d.b.a. Northern Resources Center stated that time is critical. The new National Park Service Director has pushed down approval of the GMP to the regional director due to the workload and chaos in Washington. If the GMP is approved he feels there will be extension and expensive law suits challenging its actions. He would rather that local governments take an administrative stand and request the congressional hearings. The Board agreed they would consider the resolution at their next meeting.

000 Clint Chase d.b.a. Falls Office Supply and the County Auditor presented the Board a photocopy plan for the Courthouse and Extension Service which would replace the older machines with new digital copiers with networking and scanning capability. The proposal would cost an additional $38 per location and would continue under a lease agreement. The Auditor stated that a quote was received by Cannon for replacement of one machine that was a little cheaper, however, since Xerox has a service representative in the area most of the time this maintenance savings would make the Xerox proposal equal or less than Cannon’s proposal. He also stated that funding is available in the budget for this replacement plan. Commissioner Chezick stated that since the information was just provided, he would like time to review it before making a decision. The Board Chair agreed as he felt staff should have time to review the recommendation to see if it meets their needs.

2001/06-09 Motion by McBride, seconded by Pavleck accepting the recommendation of the Auditor for a photocopy replacement plan for the Courthouse and Extension Service as presented contingent on review by departments to ensure the machines meet their needs. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Visitors and Convention Bureau President presented their annual financial and activity report along with their accomplishments and goals. The Bureau being in the position to know and understand the needs of the tourism industry, stated that the walleye possession limit for Rainy Lake and sites for waterfront camping may have an effect upon tourism in the International Falls and Rainy Lake area. Their marketing is working well based on the measures established to monitor the program.

000 Dale Johnson representing the Boise Employees Credit Union and Martin Steinbach and Myron Choquette representing the VFW, presented the Board with a proposal to give the Credit Union twenty-five feet of the property between the Courthouse and Credit Union for future expansion needs in turn for a donation of $50,000 to the memorial park and agreement they would plant trees and shrubs as a buffer between the credit union and memorial park. Mr. Johnson stated that the Credit Union has doubled in size in the last five years and continues to grow, resulting in a need to expand the facility. He stated that the current facility was not planned for a third story but they are willing to pay the additional expense to build a third story. Members representing the VFW were supportive of the proposal as the funding and buffer provided by Boise Credit will lower the cost of the project and in turn will provide more economic opportunities by supporting the Credit Union. The proposal also included assistance in establishing a parking lot in the back part of the lot to help with traffic congestion. The Complex Superintendent stated that space is needed to pile snow until it is removed. Commissioner Chezick stated that the consultant will be providing draft plans for the memorial park, which will encompass all the property and he wants to see if this proposal fits their designs. The Veterans Service Officer stated he was in contact with the consultants and they felt their plans could co-exist with the proposal for twenty-five feet less space. The Board agreed to consider this offer after they have reviewed the designs and presented the proposal to the consultant for feedback. A meeting is scheduled for June 19, 2001 with the consultants. Commissioner Lepper is concerned with parking and that the plan should include adequate parking. Mr. Johnson suggested a request to the City to vacate Fourth Avenue. Mr. Johnson stated that a decision was not needed today but in the immediate future so they can begin expansion plans.

000 Land Commissioner reviewed the results of the May 11, 2001 timber auction which sold 27,248 cords for a total sale value of $876,046. In addition he reviewed 2001 timber sales through May and graphs showing five-year trends of average sale values.

000 The Land Commissioner provided the Board a list of items to be consider for the seasonal recreational lease policy which included an inflationary increase in the annual lease fee, maximum size and moveability, limit signers on the lease agreement, residency requirement, use of metal siding, and allowable signage. The Land Commissioner stated that adding restrictions to the policy would create enforcement issues. Commissioner Pavleck suggested the Tax Forfeit Management Plan Review Committee review these items and provide a recommendation. The Land Commissioner stated it could be done at this level but asked for direction on the lease fee as billings will be sent out soon. Some Board members felt the inflationary increase was reasonable since the fee has not been increased since 1993 and the increase amounts to $40 annually. Other members felt they should get feed back as the last time the fee was increased there were many calls from lease holders.

2001/06-10 Motion by Lepper, seconded by Chezick to increase the annual seasonal recreational lease fee from $90.00 to $130.00 for inflation. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:06 p.m. No comment was provided.

2001/06-11 Motion by Chezick, seconded by McBride authorizing a line item budget adjustment in the 2001 Environmental Service Budget transferring $5,000 from line item 12-290.6630 to 12-391.6291 to cover non-contracted expenditures. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board of the public meetings schedule to seek public comment and review of the draft Comprehensive Land Use Plan for Koochiching County. Once these meetings are completed, the Steering Committee will meet to review and decide on the public feedback. When the draft is completed, the County Board will hold a public hearing on the plan.

000 The Environmental Service Director informed the Board that Ayres Associate is recommending the hire of a professional firm to prepare financial package alternatives for the Jackfish Bay Wastewater Treatment System with an estimated cost of $4,000. In addition, a bond consultant will need to be hired if the project goes through and bonding is needed. If the project proceeds, the County can recoup both the cost of the financial professional and bond consultant. If the plan does not go through, the County would not recoup any money put into the project including the financial professional fee and a bond consultant would not be hired. The Board stated concern with Ayres not brining this issue up when the initial plan was reviewed. The Director stated that this was information at this time.

000 The Environmental Service Director invited the Board to the annual Markit Luncheon to be held on Wednesday, June 13, 2001 at 11:00 a.m. in Hallock, Minnesota at which time a tour will be conducted of a sorting facility.

000 The Board reviewed a video of a portion of UT 297 requested by Adam Claybundy for minimum maintenance so he has passable access to his property. Commissioner Hanson stated that in discussion with Attorney Steve Nelson, the County Attorney and property owners, a portion of UT 297 through the Claybundy property to the highway had been vacated around 1978. The Coordinator found no record of the road vacation in her file and stated that the Planning Commission handled vacations at this time. The Highway Foreman stated that the portion of road requested to maintain is 2,000 feet and that he would not revise the previous plan and cost figures because at some point there will be a request to fix the road due to more use. Though the Claybundy’s stated they would drive their kids to the bus, Commissioner Chezick stated that State law determines school bus routes and he believed a route is established if it exceeds one-quarter of a mile. Mr. Kosobucki and Mr. Claybundy stated that they have carried heavy loads on this road but the damage seen in the video was done during deer hunting. Lois Wellen stated they have three hay fields along this portion of road and asked about access to their fields if the road is upgraded. Per the County Engineer, County Policy provides one approach per every forty acres. Ms. Wellen stated that there are deer stands in this area that face the road and that they are opposed to giving up any land for road improvement to benefit one person. Commissioner Pavleck again stated that every property owner deserves access to their property and he would support some funding to provide a passable road. Commissioner McBride agreed. Commissioner Lepper was torn between providing reasonable access to property owners versus the recommendation for road upgrade by the Highway staff who have the knowledge and experience. Commissioner Hanson supports minimal maintenance. The Highway Foreman stated that a turnaround was needed for the public and maintenance equipment. The Highway Engineer suggested that if Claybundy would accept a minimal maintenance plan providing for shallow ditching and two inches of gravel and everyone realizes that this work will not provide for an all-weather road and that land is provided if needed for a public turnaround, the Department could conduct the work for less than originally proposed. Snowplowing will also be provided.

2001/06-12 Motion by Chezick, seconded by McBride approving minimum upgrade and snowplowing for a 2,000 foot strip of UT 297 to the Claybundy property (two inches of gravel and shallow ditching) contingent on a signed agreement by property owners given easement for a turnaround for the public and maintenance equipment if needed and understanding that an all-weather road would not be provided. Plan would provide access to active hay fields per County policy for hay fields and approval is contingent on verification that the portion of UT 297 was vacated. Voting yes: Hanson, McBride, Chezick, Pavleck; voting no: Lepper. Motion carried.

000 The Board viewed a video of a portion of UT 110 concerning use of the road and right-of-way by an industrial business. Commissioner Lepper, after viewing the area on the video, questioned why the situation still exists. The County Attorney recommended action by the County to remove the equipment and materials from the road and right-of-way, which we can legally do but it has not been done. Attorney Shermoen representing the business owner stated that the business is exploding and that the work area is insufficient to handle the tremendous volume. He stated that very wet conditions prevent him from using his landings. The Highway Engineer stated that the road was rebuilt not too long ago and that the County does not allow any logger to load and unload on County roads due to damage and safety issues. Attorney Shermoen suggested working with the business owner from an economic standpoint. A property owner who uses the road stated that he has improved keeping his equipment off the road and now moves his machines when you come down the road. Commissioner Pavleck stated that he needs to build a landing off the road and asked his attorney to bring this message to him or the County will need to take action to remove it. Some Board members felt immediate action to remove the equipment and material now was needed as he was given more than enough opportunities to work with the County on this matter and has not. Others felt one more chance with the understanding that if a favorable result does not occur within a thirty-day period, they would support immediate removal of the equipment and materials. His attorney felt there is willingness to cooperate and resolve the problem and understood legally he can not be damaging and blocking the road.

2001/06-13 Motion by Pavleck, seconded by McBride to table the following motion until the June 19, 2001 meeting to allow time for a proposal to be presented to the Board to rectify the problem caused by a business using a portion of UT 110 for operation of his business: Motion by Lepper, seconded by Chezick to take aggressive action to vacate all personal property immediately from UT 110 and its right-of-way and that damage be assessed and repaired and the County pursue seeking cost reimbursement from the property owner for damage caused by his operation. Voting to table: Hanson, McBride, Pavleck; voting no: Chezick, Lepper. Motion tabled.

000 George Nelson presented a proposal to the Board to relocate a drainage ditch as the current ditch is impairing the use of his property. The Highway Engineer stated that he would support the relocation but felt it should be at the expense of the property owner so that the County does not get in the business of relocating ditches at property owners requests. Mr. Nelson stated he is willing to do the ditching but felt the County should reimburse his costs. In review of the current location, Board members felt the ditch did impair the use of the property by the owner and that its relocation would benefit the County at a minimal cost.

2001/06-14 Motion by Chezick, seconded by McBride directing the Highway Department to relocate the drainage ditch for County Road 21 located on George Nelson’s property as proposed contingent on signed agreements from all property owners affected by the ditch rerouting and that Mr. Nelson is responsible for cutting the tree for the reroute and provide top soil and seeding. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-15 Motion by Lepper, seconded by McBride certifying final contract value of SAP 36-674-03 completed by Hardrives, Inc. last year in the amount of $42,597.83. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-16 Motion by McBride, seconded by Lepper accepting the Highway Engineer’s recommendation of low bid for County Road 82 bridge project to Dallco, Inc. in the amount of $333,388.50. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-17 Motion by Lepper, seconded by McBride adopting the following resolution for seeking a grant for the construction of County Bridge No. 36525:

WHEREAS, the County of Koochiching has applied to the Commissioner of Transportation for a grant from the Minnesota Transportation Fund for the construction of County Bridge No. 36525 over the west branch of Black River; and

WHEREAS, the amount of the grant has been determined to be $333,388.50 by reason of the lowest responsible bid.

NOW, THEREFORE BE IT RESOLVED that the County of Koochiching does hereby affirm that any cost of the bridge in excess of the grant will be appropriated from the funds available to the County of Koochiching and that any grant monies appropriated for the bridge but not required, based on the final estimate, shall be returned to the Minnesota State Transportation Fund.

BE IT FURTHER RESOLVED that whereas Federal monies are being used to participate in the cost of the bridge, grant monies as matching funds shall be transferred directly to the agency account and that the records of the County of Koochiching shall so state. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-18 Motion by McBride, seconded by Lepper accepting the recommendation of the Highway Engineer awarding low bid for hired tandem axle dump truck to James Kennedy for all zones and hired tractor and trailer combination to James Kennedy first and Ziemba Trucking second for all zones. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-19 Motion by Lepper, seconded by McBride changing the letting date for bridge deck replacement on County Road 101 to July 9, 2001 at 2:00 p.m. as recommended by the Highway Engineer. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board was informed that Jeff Arnold was hired to fill the vacant part time position in the Highway Department.

2001/06-20 Motion by Pavleck, seconded by McBride authorizing a variable rate increase for use of a tandem truck in the Northome Road Maintenance Service Contract due to a finding that the rate adjustment requested at last renewal was allowed per contract language and that the rate increase starts this date forward. Authorization is contingent on approval by the County Attorney. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-21 Motion by Chezick, seconded by McBride to table for six months the minimal upgrade on County Road 64 and County Road 51 as requested by seasonal property owners. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-22 Motion by Pavleck, seconded by Lepper authorizing the Highway Engineer to contact property owners on CSAH 20 notifying them of the allowance of sewer and water hookups at this time so that settlement occurs prior to the reconstruction of the Road at a future date. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Commissioner Pavleck informed the Board that the County has had four major flood events, one in 1950, one in 1974, one in the later 1990s and the current flood. He stated that something is wrong if we have floods twice in last five years and suggested that the County seek answers as to why this is occurring. Though initial assessment does not show much damage for the County, individuals and businesses are sustaining damage to septic systems, docks and basements. Information was reviewed from the State FEMA Office on how the County, individuals and businesses can seek assistance. Commissioner Lepper suggested asking the public to provide damage feedback so we can assess how much damage is out there. Commissioner Pavleck stated that much of the damage won’t be known until the water levels go down. Per the FEMA Office the County would need to submit a resolution requesting that Koochiching County be considered in the State of Emergency for Minnesota and submit it immediately. In addition, the County has to exceed a $37,000 threshold in order to qualify for FEMA assistance and that an assessment would also need to be submitted immediately. The Board agreed they would adopt the resolution and with further direction from County departments, the Sheriff and FEMA submit the resolution and assessment as needed.

2001/06-23 Motion by Chezick, seconded by Lepper requesting that Koochiching County is included in the State of Emergency Declaration for Minnesota for flooding events from March 23 through May 29, 2001 and that Koochiching County is included with other counties for federal assistance due to damage sustained from the flooding. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-24 Motion by Pavleck, seconded by McBride requesting the Board Chair set a meeting with representatives from Boise Cascade, the International Joint Commission, Senators Wellstone and Dayton and other officials as needed to facilitate discussion on the high water levels and seek answers to how the flooding occurred and what the future holds. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-25 Motion by McBride, seconded by Chezick authorizing Board attendance at a training session scheduled for June 6, 2001 for Sheriff staff covering liability issues of the County’s Dispatch/Communications Center as requested. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/06-26 Motion by Pavleck, seconded by McBride directing the Board Chair to send a letter to KOOTASCA requesting their response as to why the WIC Program was removed from the City of Littlefork with the letter copied to the City of Littlefork. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-27 Motion by Chezick, seconded by Lepper to adjourn the meting at 4:13 p.m. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.