Board Minutes

for

June 12, 2001

 

SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 12, 2001; 10:10 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Don Parmeter, Roger Andrascik, Barb West, Einar Sundin, Paul McLaughlin, Dennis Hummitzsch, Richard Lehtinen, Doug Tally, Susan Congrave, Tony Moss, Nancy Lee Schafer, Doug Grindall; Reporters Wayne Nelson – Business North, Laurel Beager and Roger Jerome

2001/06-28 Motion by Lepper, seconded by McBride to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-29 Motion by Chezick, seconded by Lepper to approve the minutes of the June 5, 2001 meeting. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-30 Motion by Chezick, seconded by McBride authorizing Board Chair’s signature to the Auditor’s May Vendor Payment Listing verifying its review. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-31 Motion by McBride, seconded by Pavleck directing that payroll and benefit service agreements require the County to be reimbursed in full on a quarterly basis unless the agreement provides for reimbursement sooner. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-32 Motion by Pavleck, seconded by Lepper authorizing a transfer in the Auditor’s trial balance in the amount of $100,000 from the Car Pool Account to the General Revenue Fund’s undesignated balance to establish the operation funding for the Car Pool with additional funding to come from intra-departmental billings based on usage and that the account be monitored annually to ensure adequate funding levels. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-33 Motion by Chezick, seconded by Lepper to authorize the serving of alcohol at the City Beach on July 29, 2001 for a Moose Lodge 1259 annual picnic and to approve and authorize Board Chair’s signature to the 2001 AS/400 Disaster Recovery Plan as presented. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board received a copy of a letter from DNR Director Ronald Payer to the Chamber of Commerce Director Kallie Briggs explaining their position for the four-fish walleye limit for Rainy Lake. Commissioner Chezick stated that the DNR just implemented a new slot limit for Mille Lacs Lake, which shows that they are treating lakes differently and we should rethink our position that Rainy Lake is being treated differently from other Minnesota lakes.

000 Commissioner Hanson stated that the current Peat Lease with the MN DNR expires today unless it is assigned, however, the DNR has granted us a few days to execute the Assignment. The Board was provided an Assignment of Minnesota Peat Lease 98-2 from Koochiching County to Berger Horticultural Products. Per the Assignment, the assignee would become responsible for the terms of the lease including payment of the annual lease fee to the DNR. Commissioner Hanson found in talking with former Commissioner Bowman, there was a previous agreement that KDA would pay the annual lease fee until Berger received the necessary operating permits and that this has not occurred as the project is undergoing an EIS. Commissioner Chezick recalled the past agreement that KDA would pay the annual lease until Berger received its operating permits.

2001/06-34 Motion by Chezick, seconded by Pavleck approving the Minnesota Peat Lease Assignment Agreement whereas MN Peat Lease Number 98-2 pursuant to MN Statutes 1996, Section 92.50, dated June 12, 1998, is assigned to Berger Horticultural Products, Ltd. from Koochiching County for the purpose as stated in the original lease agreement and further, that the Koochiching Development Authority continue to pay the annual lease fee until such time as the assignee receives their operating permits. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 As requested by Commissioner Chezick, the Board Chair appointed Commissioner McBride to take his place on the Board’s committee dealing with Voyageurs National Park issues. The Board thanked Commissioner Chezick for the work he put into drafting agreements and positions for the Board on Park issues. Commissioner Chezick and Attorney Dan Griffith met with St. Louis County officials for two days last week to draft a document that reflects the position of St. Louis and Koochiching Counties with regards to Voyageurs National Park and felt this document would be ready for Board review next Tuesday. The document mostly references the GMP and the Park’s insistence to move ahead with its adoption and ignoring our repeated requests to allow more input. He stated that both the Superintendent and Regional Director made their position clear they will move ahead with the plan’s adoption. The document will represent our position as to why the plan should not move ahead. Superintendent West cautioned the Board about commenting on the past draft GMP as based on comments received, the draft has substantial changes. The final draft will be out next month and will be subject to a 30-day comment period before it can be adopted. Commissioner Chezick stated that this plan could be adopted before the Board even knows it is out there as thirty days is insufficient time to handle an issue of this magnitude or a document of its size. The document is meant to take a proactive stand, rather than a reactive stand. The Board again reviewed the resolution presented by Northern Resources Center requesting congressional hearings on the General Management Plan. Commissioner Chezick stated that the resolution was reviewed with our legal counsel and he had no problem with the request and its adoption. Though he did not directly review the resolution with St. Louis officials, Commissioner Fink gave him the impression he had seen it. Commissioner McBride felt the hearing request would have more support if adopted by St. Louis County also. The Board thanked the Superintendent for assisting the Kabetogama area with sandbags. Commissioner Pavleck stated that Facilitator Ron Erickson has scheduled a meeting for Wednesday, June 20, 2001 at 9:00 a.m. for the two parties to exchange cooperation proposals. The Superintendent asked to be notified when Park business is on the agenda, rather than receiving notification through the newspaper. She feels a working relationship needs to begin with communication. The Board stated that they would mail Board agendas to her.

2001/06-35 Motion by McBride, seconded by Pavleck adopting the following resolution requesting delay of the Voyageurs National Park General Management Plan until after Congressional hearings are conducted by the Senate Energy and Natural Resources Committee and/or House Resources Committee:

Whereas the proposed general management plan for Voyageurs National Park is in the final stages of completion; and,

Whereas the Koochiching County Board conducted a hearing on the general management plan attended by approximately 200 people; and,

Whereas public opinion was overwhelmingly opposed to the draft general management plan; and,

Whereas a petition signed by over 1,200 people so far requests that the general management plan not be approved until further review by the Department of Interior; and,

Whereas Congressional hearings on the management of Voyageurs National Park were
held in International Falls, St. Paul and Washington, D.C. in 1995 and 1996; and,

Whereas the purpose of the hearings was to find amicable solutions to the long-standing
controversy over the management of the park; and;

Whereas since the hearings were held, issues involving the management of the park have
become even more contentious; and,

Whereas another lawsuit has been filed challenging the authority of the national park service under provisions of the enabling act that have not been challenged in court; and,

Whereas Voyageurs National Park was created to complement, not duplicate, recreational
opportunities available in the adjacent Boundary Waters Canoe Area Wilderness; and,

Whereas State law authorizing the transfer of state lands to the federal government in
anticipation of economic benefits to the state and the park region was passed in 1975; and,

Whereas the park has had a negative economic impact on the region since it was
established; and,

Whereas in 1982 a legal requirement for a comprehensive visitor use and facilities plan
for the park was approved by Congress with bi-partisan support; and,

Whereas the visitor use and facilities plan is attached to the general management plan for
the park; and,

Whereas the visitor use and facilities plan was designed as a national pilot project
involving all levels of government and organizations representing a broad range of
recreational activities; and,

Whereas a number of national organizations were involved in designing the pilot project;
and,

Whereas Park management chose not to include any of these national organizations in the
development of the visitor use and facilities plan; and,

Whereas the process for developing the visitor use and facilities plan did not reflect a true
cooperative arrangement among levels of government and private entities; and,

Whereas lawsuits have been filed that challenge the authority of the park with respect to
jurisdiction over the waters under provisions of state law and international agreements;
and,

Whereas the majority of waters within the exterior of the park boundary extend into Minnesota and Canada; and,

Whereas the Minister of Foreign Affairs, on behalf of the Canadian Government, chose
not to intervene in the most recent lawsuit, stating that Canada would rather seek a
political solution to the problem; and,

Whereas a Canadian Cabinet Minister representing constituents along the border has
publicly called for a pilot project for the region; and,

Whereas Northern Minnesota Counties have initiated a pilot project to help resolve domestic and international resource disputes; and,

Whereas the newly-appointed Secretary of the Interior has repeatedly supported more meaningful involvement by local governments and local people in public policy decisions for federal areas; and,

Whereas the Koochiching County Board wishes to help bring an end to the long-standing controversies over management of Voyageurs National Park to the satisfaction of all interested parties.

Now therefore be it resolved that the Koochiching County Board requests that approval of the general management plan for Voyageurs National Park be delayed until after Congressional hearings are conducted by the Senate Energy and Natural Resources Committee and/or the House Resources Committee.

Be it further resolved that the Governor, members of the Minnesota congressional delegation, and members of the northern Minnesota legislative delegation formerly request such Congressional hearings and a delay in approval of the general management plan until after such hearings are held. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Paul McLaughlin, representative for the Cold Weather Testing Center Project, reviewed a pre-application for a Regional Cold Weather Testing Facility for 2002 Bonding consideration. The pre-application deadline is June 15, 2001 and the County sponsored the application in the past. The application is based off the previous application but is now referred to as Regional Testing Facility as an attempt to get neighboring communities to buy into the facility. The pre-application requests $3,628,500 of 2002 State Bonding with this same amount funded locally by Koochiching County and International Falls. In the last request, this amount was scaled down considerably by the time it reached the Governor’s desk and vetoed. By November 1, 2001 a complete package must be in place and submitted for consideration in the 2002 Legislative Session. Support at this time does not commit the County but that the County’s support at this time would move the application forward.

2001/06-36 Motion by Chezick, seconded by Lepper adopting the following resolution supporting the filing of an Application to the State of Minnesota requesting State Funding in the Year 2002 Bonding Bill for the Regional Cold Weather Testing Center:

WHEREAS, the cold weather testing industry has played a growing role in Minnesota’s economy since the 1940s because northern Minnesota’s weather conditions provide an ideal location for cold weather testing of automotive and other products; and

WHEREAS, the technological changes and competitive pressures in the automotive industry are increasing the need for quality cold weather testing facilities; and

WHEREAS, Koochiching County recognizes that the expansion of the cold weather testing industry in Minnesota would benefit both the State of Minnesota and the entire International Falls and Koochiching County region; and

WHEREAS, Koochiching County believes that construction of the Regional Cold Weather Testing Center would help establish Minnesota’s reputation as an ideal location for cold weather testing for the automotive and other industries.

THEREFORE BE IT RESOLVED, the Koochiching County Board of Commissioners authorizes and supports the application to the State of Minnesota requesting that state bonding funds be appropriated to fund the Regional Cold Weather Testing Center in year 2002 State Bonding Bill. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-37 Motion by Pavleck, seconded by McBride to approve a down payment refund on Permit K9025 due to deterioration of the wood since the sale was set up and lost timber due to bud worm. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Land Commissioner provided the Board cost estimates to install security lighting at the Frontier and Vidas River Accesses for the purpose of lighting the site as well as assisting users in finding the site at night while on the water. Commissioner Pavleck reminded the Board of past requests by residents for street lighting due to safety concerns, which were denied. Commissioner Lepper feels that lighting should be considered on a case by case basis for public safety. Commissioner Chezick also recalled the numerous street light requests but stated he supports this request as it is recommended by the Department Head for public safety in our parks and would suggest that Con Con funds be used since both parks are within the Con Con area.

2001/06-38 Motion by Chezick, seconded by McBride authorizing the Land Commissioner to install security lighting at both the Frontier and Vidas River Accesses as recommended with cost for installation and operation drawn from the Con Con funds. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-39 Motion by Chezick, seconded by McBride approving a service contract with ARDC to prepare a parcel layer in the County’s GIS System contingent on the project being funded by the LCMR Grant. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Public Health Director requested authorization to temporarily hire nursing service to care for a child with special health needs who will have home care services discontinued on July 4, 2001. The Public Health Department has a need to assist this individual until another home care service is available. The Director has scheduled time with the Board in committee to further discuss for home care services in the County.

2001/06-40 Motion by Pavleck, seconded by Lepper authorizing the Public Health Director to temporarily contract service to assist a child with special health needs due to discontinuation of service by a home care agency. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:20 a.m. No comment was provided.

000 In further discussion of the fish limit for Rainy Lake, the Board Chair directed the Coordinator to schedule a meeting with the DNR Director Ronald Payer to discuss their reasons for establishing the four-fish walleye limit and request representation from the Sportsfishing Club and the Chamber of Commerce at the meeting.

2001/06-41 Motion by McBride, seconded by Chezick directing the Board Chair to send a letter to Minnesota Planner Dean Barkley requesting his support to retain the funding for the Minnesota Cold Weather Resource Center due to its importance to northern Minnesota in attracting cold weather business. Letter to be copied to our State legislators. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Highway Engineer informed the Board that he received only one definite interest in the County’s proposal to make available calcium chloride for dust control on County roads at the cost of the individual. He received another call with interest but only if the County paid for the material. The Highway Engineer stated the material comes in pellet form and will stay on the road for about one year. For a two-hundred foot strip of road, he estimates fourteen bags at a total cost of $150.00. Individuals can spread by hand or with a spreader but a material safety data sheet must be provided to ensure they know the material make up and how it needs to be handled. Commissioner Pavleck felt that interest in the material is low because of the wet season but felt as things dry out, the interest will be higher.

2001/06-42 Motion by Pavleck, seconded by McBride to offer to the public bags of calcium chloride pellets to be used for dust control on County roads with the public to pay for the bags at the price for which the County purchases them and that a supply of the material will be maintained at the County Highway Garage and available upon request. It is understood that the public will be responsible to spread the material and that a material safety data sheet is provided to the public to inform them of the material’s content and how it should be handled. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-43 Motion by McBride, seconded by Pavleck supporting emergency one-year minimum funding of $1.42 million for wetland replacement to keep local road authority permits valid until next year when the full amount could be funded in the normal bonding legislative session. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Research by the Coordinator found no record that any portion of UT 297 was vacated. Board agreed to continue forward on providing passable access to the homeowner only.

2001/06-44 Motion by Pavleck, seconded by McBride amending Board Motion 2001/06-12 removing the contingency on verification of the vacation of UT 297 and allow the work to proceed as directed. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-45 Motion by McBride, seconded by Pavleck to adjourn the meeting at 2:00 p.m. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.