Board Minutes

for

July 10, 2001

 

 

SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, July 10, 2001; 10:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Einar Sundin, Allen Vaughn, Doug Grindall, Roger and Christine Wickstrom, Richard Lehtinen, Dale Olson, Jim Fiedler, Richard DeMars, Dennis Hummitzsch, David Johnson, Keith Sutherland, Warren Bahr, Frank Bahr, Duane Nelson; Reporters Laurel Beager and Roger Jerome

2001/07-01 Motion by McBride, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-02 Motion by Lepper, seconded by McBride to approve the minutes of the June 26, 2001 special meeting and the 2001 Board of Equalization meetings. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-03 Motion by Chezick, seconded by Lepper to approve payment of the Auditor’s bills in the amount of $98,102.00 to include $72.45 of non-board expenses, to approve payment of the June Board of Prisoners Claim in the amount of $2,085.00, and authorizing Board Chair’s signature to the June Auditor Vendor Payment Listing verifying its review. Payment detail on file in the Auditor’s Office. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-04 Motion by Chezick, seconded by McBride accepting the recommendation of the Assessor to grant an abatement to Michael Thompson for homestead classification. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-05 Motion by Lepper, seconded by McBride accepting the recommendation of the Assistant Auditor for the publication of the 2000 financial statement. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-06 Motion by McBride, seconded by Pavleck adopting a position paper for Koochiching County stating concerns with the management of Voyageurs National Park with requests to halt the implementation of the proposed General Management Plan and allowing affected counties to participate as cooperating agencies in management decisions (document copied to Voyageurs National Park Superintendent). This position paper will be carried to Washington by county officials in hopes of seeking federal support. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Commissioner Chezick asked the Board to consider paying citizen per diem to individuals serving on the Arrowhead Regional Development Commission who represent Koochiching County due to the fact that the Commission has levy authority in the County and per diem will help retain Koochiching County representation (Commission meets only four times a year and Koochiching County representatives have the furthest travel to the meetings). The Commission has five citizen representatives from Koochiching County and two Board members also represent the County (one on the Board and one on the Commission). The Board expressed concerns with paying per diem outside their policy as the County Board did not appoint these citizens and they are not representing the Board. The expense is not major but paying these members would open the Board to paying per diem to other individuals who are not appointed by the County Board. Commissioner Pavleck felt this issue should be raised with the ARDC Board. Commissioner Chezick stated that ARDC would be looking at a much higher expense as they would have to pay per diem to all the members.

2001/07-07 Motion by Chezick, seconded by Hanson (Chair to McBride) that based on the levy authority granted the Arrowhead Regional Development Commission and in the best interest of the County to have strong County representation on the Commission, to authorize citizen per diem to citizens serving on the Commission from Koochiching County. Voting yes: Hanson, Chezick; voting no: McBride, Lepper, Pavleck. Motion fails.

2001/07-08 Motion by Lepper, seconded by Chezick accepting the recommendation of the Highway Engineer in awarding low bid for rehabilitation work on Bridge No. 36506 on County Road No. 101 to Korby Contracting in the amount of $94,781.00. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-09 Motion by Pavleck, seconded by McBride adopting the following resolution supporting the grant for rehabilitation work on Bridge No. 36506 on County Road No. 101:

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. 36506 over the Black River and:

WHEREAS, the amount of the grant has been determined to be $ 92,781.00 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. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-10 Motion by Lepper, seconded by McBride authorizing the Highway Engineer to seek bids for a three-year Northome/Mizpah Road Maintenance Contract. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-11 Motion by Lepper, seconded by Pavleck adopting a resolution to establish a Natural Preservation Route over CSAH No.138 (Gold Shores Drive) as follows:

WHEREAS, Minnesota Rules Chapter 8820 provides that certain proposed or existing roadways that possess sensitive or unique scenic, environmental, or historical characteristics may be designated as “Natural Preservation Routes” and that roadways so designated shall be constructed and maintained in a manner that will preserve and enhance those characteristics as defined in Minnesota Rules Chapter 8820; and

WHEREAS, the County Engineer and Board of Commissioners of Koochiching County have agreed that County State Aid Highway 138, also known as Gold Shores Drive, possesses several of these scenic, environmental and historical characteristics and that future maintenance and construction on this route should preserve and enhance these characteristics rather than detract from them.

NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Transportation is requested to designate County State Aid Highway 138 as a Natural Preservation Route – Type 1 from the intersection with State Highway No.11 to approximately 1.83 miles northeast, in accordance with Minnesota Rules Chapter 8820. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-12 Motion by Chezick, seconded by McBride to table the agenda item pertaining to the dock on County property. Voting to table: McBride, Chezick; voting not to table: Hanson, Lepper, Pavleck. Motion to table failed.

000 The Highway Engineer was informed that a dock had been built on County land located on Rainy River. The County Attorney recommends the dock be removed for liability purposes, however, the Highway Engineer stated that the dock does provide a pier for the public. Roger Wickstrom stated that he rebuilt the existing dock and did not know it was on county property. The Board agreed that if the dock is on county property it is a public dock and access can not be denied. Board also agreed that a sign identifying the dock as public should be placed and future work controlled by the County.

2001/07-13 Motion by Chezick, seconded by McBride to add bid award on the three river access road projects to the agenda. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-14 Motion by Chezick, seconded by McBride empowering the Highway Engineer to award low bid for the three river access road projects contingent on bids being within Engineer’s estimate due to the fact that waiting until the next Board meeting will delay the project and completion in this construction season. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board that Jim Fiedler did not pay his bill on time and was therefore prohibited from dumping at the transfer station per the payment agreement between him and the County. The amount due is $3,400.00. Mr. Fiedler questioned the billing cycle of the department but the Director stated that payments have always been due the first of each month or a day later if a holiday falls on the first. Mr. Fiedler stated that in reaching agreement on his arrears payment, he understood that the County would do certain things. He asked to meet with the Solid Waste Advisory Committee to negotiate a mileage rate due to the fact that he hauls all over the county but has not received a response. The Director stated that the Committee is waiting on the completion of a draft Solid Waste Plan before meeting again and is why there has been a delay in his request. However, the request to discuss mileage rates involves more than just Mr. Fiedler and will require a policy/planning decision. Mr. Fiedler stated that his truck is full and hasn’t serviced his area for one week. Commissioner Lepper stated that if you go in arrears in what you owe the County, you are prohibited from dumping your load. The agreement is straightforward and Mr. Fiedler needs to live up to his obligation. We can not treat Mr. Fiedler differently from the rest of the haulers. Mr. Fielder questioned the different billing due dates for haulers but the Director stated that Mr. Fiedler is under a different billing period under the arrears agreement. In asking Mr. Fiedler his request of the Board today, he wants to see general changes in the haulers payment system and wants to meet with the Solid Waste Advisory Committee. In regards to handling service for Mr. Fiedler’s area should he not make his payment, the Director stated that the County has no involvement except to license the haulers (unless the piling up of solid waste becomes a public health issue). Mr. Fielder stated that the bill in the amount of $3,400.00 includes a missed thirteen yards from a previous month and that he could afford to pay this large amount at this time. The Board is agreeable to having Mr. Fiedler pay his current amount with the thirteen yards paid within forty-five days due to the fact that the increase in the monthly billing was caused by County error.

2001/07-15 Motion by Pavleck, seconded by McBride directing the Solid Waste Advisory Committee to hold a meeting within the next twenty days to review and provide recommendations on items agreed to during the establishment of the Arrears Payment Agreement with Mr. Fielder and to ensure all haulers are notified of the meeting. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board that he received only one comment from the public on the draft Billboard Policy published in County newspapers and that this person is opposed to any billboards except directional billboards. Meetings are still set with the Convention and Visitors Bureau and Chamber of Commerce Committees this month and with the Chamber Board next month to discuss the policy. Officially the moratorium for placing billboards has ended and placement is under current policy. Commissioner Pavleck stated that placing billboards under the current policy is how we got here in the first place. He suggested we adopt the proposed policy and amend it later if needed. The Director stated there is only one pending application and the department could assist this individual and allow the timeline as originally planned by the Planning Commission for adoption of a new billboard policy to proceed. The Board agreed.

2001/07-16 Motion by Pavleck, seconded by McBride authorizing the Environmental Service Department to initiate a Zoning Ordinance amendment to increase the membership of the Board of Adjustment from three to five. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:25 p.m. No comment was brought forth.

000 Warren and Frank Bahr addressed the Board with a request to have the Land Commissioner honor Boise’s scaled amount for their wood. Per the Land Commissioner, at the time of action the logger makes a down payment on his permit and makes payment in full when they go in to cut the wood. Once the wood is scaled, the logger is provided a refund if the scaled value is less than the estimate or pays the difference to the County if the scaled wood is more than the estimate. In the past, Boise accepted balm and aspen at different prices so loggers took more care in what was in their loads. Now the species have the same price so mixing the wood does not matter. The County however, still maintains the different prices for balm and aspen so when Boise scales the wood at all balm and it has a high percent of aspen, the County loses revenue, which is the case with the Bahr permits. Loggers are informed in their agreement that the Department can refuse Boise scales if they find an inaccuracy of substantial proportion. In the case of the Bahr permits, he knows there was aspen in the load but Boise scaled the load at 100% balm. Warren Bahr felt the County should accept the scaled amount as they did not see the load to know what it actually consisted of. The Land Commissioner using photos and information from the forester who cruised the area for the timber sale, came up with what he feels is a fair percent of the amount of aspen in the load. The County Attorney stated that if the Board should choose not to follow department policy and agreement with the loggers, then they would be making an exception that benefits the logger not the County and the public. The Land Commissioner stated that this problem would not occur next year as the County will have similar prices for balm and aspen. The County Attorney stated that several proposals were offered to the loggers but refused as they want to pay no more than what the wood was scaled at. The Land Commissioner stated that the State pulls in independent scalars in these situations with the logger putting up a bond. If it comes out in the State's favor, the logger loses the bond. The option for the County would be to accept Boise scale, follow County policy and have the loggers pay what is due the County, or bring the issue to conciliation court. Mr. Bahr stated that bringing the issue to court prohibits them from bidding on future sales because of non-payment on current permits. The County Attorney suggested the Board look at an independent scalar to determine the price. The Bahrs suggested that the actual stumpage is scaled. Commissioner Hanson asked if the timber sale estimate is always less than what is actually cut based on comparisons given by the Bahrs. The Land Commissioner stated that the biggest mistake in cruising timber is tree height but not tree species so the cut may be larger based on tree height error but this does not change the species cut. A motion was offered by Chezick to offer a compromise billing to the Bahrs at thirty-seven percent balm but due to a lack of a second the motion failed. The Board agreed to give the Bahrs time to consider a compromise and bring it to the Board at their July 24, 2001 meeting.

2001/07-17 Motion by Chezick, seconded by Lepper to approve conveyance of a tax forfeited tract by the State to the Koochiching Economic Development Authority, a governmental subdivision, for authorized public use under Minnesota Statute 282.01 described as follows: that part of Lot 1, Auditor’s Plat No. 13 beginning at the northeast corner of Lot 1, Block Nine of Second Division of International Falls; thence easterly 228 feet on an extension of the North line of Lot 1; thence 200 feet southerly parallel to the East line of Lots 1 through 8 of Block 9 of said Plat; thence 228 feet westerly parallel to the extension of the North line of Lot 1; thence northerly 200 feet on the East line of Lots 1 through 8 to the point of beginning. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-18 Motion by Chezick, seconded by McBride to approve conveyance of a tax forfeited tract by the State to the City of International Falls, a governmental subdivision, for authorized public use under Minnesota Statute 282.01 described as follows: that part of Lot 1, Auditor’s Plat No. 13 beginning at the northeast corner of Lot 1, Block 9 of Second Division of International Falls; thence easterly 228 feet on an extension of the North line of Lot 1; thence 80 feet northerly parallel to the East line of Lot 1 of Block 9 of said Plat; thence westerly 228 feet parallel to the easterly extension of the North line of Lot 1 (said point being the Southeast corner of Lot 16, Block 8 of said Plat); thence 80 feet southerly to the point of beginning. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/07-19 Motion by Chezick, seconded by Lepper approving the petition to add Spotted Knapweed to the County’s Primary Noxious Weed List as recommended by the Weed Inspector. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/07-20 Motion by Chezick, seconded by McBride authorizing a letter to Einarson Flying Service thanking them for their assistance in search efforts of a missing person. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/07-21 Motion by Lepper, seconded by Chezick setting the following per diem for Jury bailiff services, as a contracted service: $50 per diem to be paid up to the first four hours of service and $10 per hour thereafter. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/07-22 Motion by Chezick, seconded by Lepper authorizing the Sheriff to expend up to $1,772 from his Department Budget to cost share the purchase of a Side Scan Sonar Unit to aid in the location and subsequent recovery of drowned bodies with the unit centrally located at the Itasca County Sheriff’s Office and made available to the fourteen counties participating in the cost. Motion further approves an increase in Sheriff fees as follows: Serving Civil Process - $35.00, Not Found – $35.00, Sheriff’s Sale - $35.00, Redemption Sale - $100.00, Booking Fee - $10.00, Prisoner Sick Call - $5.00, Weekend Prisoners - $15.00, Huber Prisoners Out of County - $50.00, Border Patrol, U.S. Marshals, Nett Lake Prisoners - $50.00 and Board of Prisoners - $7.00 per day. New rates in effect August 1, 2001. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/07-23 Motion by McBride, seconded by Chezick to table the request to approve a General Agreement between Voyageurs National Park and the Koochiching County Sheriff’s Office until the Board’s Committee working on Voyageurs National Park matters provides its recommendation. Voting to table: McBride, Chezick; voting not to table: Lepper, Hanson; absent for vote: Pavleck. Motion fails. Due to the split of the Board members present and the absence of one Board member the Board Chair deferred the matter to the July 24, 2001 meeting.

000 The Sheriff reviewed a joint powers agreement with the Bureau of Criminal Apprehension that would allow his department to get on line with other state agencies to share arrest photos. The system was developed from State monies on behalf of Katie Pourier to be used to find suspects. The State would pay the cost for all equipment ($36,316) and pay for maintenance for two years. After two years the County would be responsible for maintenance cost, however, the Sheriff hopes as with the finger print system, the State will resume payment of the maintenance cost.

2001/07-24 Motion by Lepper, seconded by McBride approving a Joint Powers Agreement with the Department of Public Safety, Bureau of Criminal Apprehension, Criminal Justice Information System Section and Koochiching County for participation in the Minnesota Repository of Arrest Photos System and to approve an Agreement for the distribution of equipment and services to the Sheriff’s Office for this system. Motion further authorizes the Board Chair and Sheriff to sign said Agreements. Voting yes: Hanson, McBride, Lepper; absent for vote: Chezick, Pavleck. Motion carried.

000 The Sheriff reviewed two proposals for a service contract to set up a committee and establish a Emergency Management Plan for the County as required by FEMA to receive assistance. He would recommend the proposal by Marilyn Johnson, Chapter Manger for Koochiching County Red Cross as she has put a similar plan together for Red Cross. Once the plan is developed, the Sheriff would be looking at appointing someone to assist in keeping the plan updated and coordinating emergency management efforts. The Board requested the Sheriff to obtain more information on available FEMA grant funds for establishment of the plan and support services and bring the information back to the Board for further consideration.

2001/07-25 Motion by Chezick, seconded by McBride to table action on development of an emergency management plan for the County until more information is obtained by the Sheriff. Voting yes: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

2001/07-26 Motion by Lepper, seconded by McBride to table the agenda item pertaining to a home health care provider. Voting to table: Hanson, McBride, Lepper, Chezick; absent for vote: Pavleck. Motion carried.

000 The Board Chair adjourned the meeting at 3:50 p.m.