Board Minutes

for

July 24, 2001

 

 

SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF
COMMISSIONERS
Held on Tuesday, July 24, 2001; 9:45 a.m.

MEMBERS PRESENT: Commissioners Hanson, McBride, Lepper, Pavleck

MEMBERS ABSENT: Commissioner Chezick

OTHERS ATTENDING: Doug Talley, Jaci Nagle, Rick Swatek, Ed Oerichbauer,
Dennis Hummitzsch, Gary Nelson, Tom Morris, Al Giencke, Warren Bahr, Frank Bahr,
Terry Murray, Susan Congrave, Nancy Lee Schafer, Becky Larson-Griffin, Richard
Lehtinen, Kallie Briggs, Shawn Mason, Julie Schumacher, Paul McLaughlin, Janine
Burtness, Bryan Briggs, Bob Anderson, Ann Baron, Harry Swendsen, Nancy McBride,
Mr. and Mrs. Ron Erickson, Doug Grindall, Carol Clauson, District Judge Chad LeDuc,
Sheriff Duane Nelson; Reporters Laurel Beager and Roger Jerome

2001/07-27 Motion by McBride, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

2001/07-28 Motion by McBride, seconded by Pavleck to approve the minutes of the July 10, 2001 special meeting. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2001/07-29 Motion by McBride, seconded by Lepper to grant a leave of absence for Marie Zaren as recommended by the Public Health Director and per County Policy. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

000 The Board received notice that Richard L. Mastin was hired as a part time dispatch/jailer on July 6, 2001.

2001/07-30 Motion by Lepper, seconded by McBride to approve payment of the Auditor bills in the amount of $66,854.29 to include $40.71 of non-board expenditures, to approve payment of the Public Health bills in the amount of $12,573.79, to approve payment to Griffith Law Office in the amount of $4,645.73 with payment from the Legal Budget and to approve payment of Community Service social service and financial claims and administrative expenditures. Payment detail on file in the respective departments. Voting yes: Hanson, McBride, Lepper; absence for vote: Pavleck. Motion carried.

2001/07-31 Motion by McBride, seconded by Lepper to approve a Gambling Application for Exempt Permit - LG220 for the Rainy River Rifle Club for a raffle on September 23, 2001 and to support a request to the State to waive the 30 day waiting period for said Application. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

2001/07-32 Motion by McBride, seconded by Lepper authorizing the Board Chair to send letters of thanks to Representative Anderson and Senator Lessard for their support in the 2001 Legislative Session. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

2001/07-33 Motion by Pavleck, seconded by McBride to approve the On-Line Software Subscriber Agreement for granting access to interested subscribers to the tax data website and to approve a pro-rated payment for 2001 enrollment, customization and hosting of the ParcelInfo.net.website. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 Economic Development Director Rick Swatek informed the Board that the application to DTED for a telecommunications grant was successful and the County will receive $105,560 in state grant funds. As a contingency to this grant however, a local match of $40,000 is required. In addition, the resolution passed by the County Board supporting the KEDA to act as project manager for the grant application needs to be amended to name the individual who will execute the grant documents on the County's behalf. The Board reviewed the minutes from a previous meeting in which the Director stated that a local match was required but at that time the KEDA had not determined if it would ask local units of government to cost share the match. The Board understood this to mean the match was covered or they would cost share the local match with other local units of government. The Director stated that KEDA funds could cover the local match but it would deplete their project funding. The Board stated their support for the project and commitment to the local match, however, they would like to see KEDA cover the amount and request other local units of government and agencies to cost share the local match.

2001/07-34 Motion by Pavleck, seconded by McBride to amend Board Motion 2000/11--27 that Rick Swatek, Director of the Koochiching Economic Development Authority, is authorized to enter into and execute such agreements as are necessary to implement the Technology Catalyst Grant on behalf of Koochiching County. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2001/07-35 Motion by Lepper, seconded by McBride to refer the request to provide funding for the $40,000 local match for the Technology Catalyst Grant to the KDA for consideration with the recommendation that the Koochiching Economic Development Authority make all efforts to obtain contributions from other local units of government and organizations. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2001/07-36 Motion by Pavleck, seconded by McBride amending Board Motion 2001/01-38 changing the grant amount requested from the State Historical Society for historical renovation of the third floor courtroom from $82,000 to $75,000 due to availability of State funds in their FY 2001 grant program. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried. |

000 Staff conducting the soil survey for Koochiching County provided a progress report to the Board. They are again down one crewmember and anticipate their completion date in 2006. They have completed 1,150,000 acres and have about 750,000 acres to go. Any time added to the project is not added cost for the County. In addition to the soil survey work, the report listed a number of special projects where soil survey staff assisted the County. Al Giencke, soil survey staff from St. Paul, stated that upon completion of the County's soil survey, maps will be verified and digitized so the County will receive both hard copy maps and digitized data for their GIS system at no cost. The Land Commissioner asked if the digitized information could be provided as sections are completed to incorporate into the County's GIS system sooner. Mr. Giencke stated that taking the hard copy maps and producing a database for digitizing is a large project and having the complete soil survey will make this task more accurate. Currently Mr. Nelson provides maps (drafts) as needed for County projects.

2001/07-37 Motion by McBride, seconded by Lepper to approve the renewal of the Soil Survey Agreement with no change and within the funding agreement as approved in Board Motion 00093/03-30 as recommended by the Land Commissioner. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 At the previous meeting the Board asked Warren and Frank Bahr to bring back an offer for settlement of monies due the County for their timber permits due to a dispute between the Land Department and the permit holders on the scaled amount of wood. Frank Bahr provided the Board a handout showing cruised, cut and scaled wood on past timber permits showing that in some instances loggers were due a refund. Frank Bahr's position is if the County is going to make him pay over the scaled amount because the County was shorted, than loggers should be reimbursed when the situation is reversed and in their favor. The County can't have it both ways. He is not willing to compromise and requests the scaled amount be honored. Per the Land Commissioner Frank Bahr's scaled amount showed a lower percent of aspen and in the case of Warren Bahr, the scaled amount showed no aspen when in fact there was. The Land Commissioner maintained his position and stated that a compromise payment was offered and rejected and he does not feel there is any more he can do. Warren Bahr is willing to accept the same scaled amount as Frank Bahr (81% balm) as the cuts were next to each other. They contend that Boise scale has always been accepted but now that there is a loss to the County, the County is challenging the scale. Commissioner Pavleck wants to see a realistic compromise. Commissioner McBride agreed. Commissioner Lepper stated concern with going against County policy, practices and the Land Commissioner's recommendation for fear of opening the door to compromising amounts due on other timber permits. The Board did agree that because this payment matter was under review, they would not have an issue allowing the individuals to bid at the next timber auction (policy does not allow any one to bid timber if payment is due the County on past/current permits). Frank Bahr stated that he and Warren were the only loggers brought into question on this matter. Commissioner Pavleck supported the Land Commissioner's suggestion at the last meeting to bring in a third party to resolve this matter and everyone agreed this would be a fair way to handle it.

2001/07-38 Motion by Pavleck, seconded by Lepper authorizing the Land Commissioner to bring in a mutually agreeable third party to resolve the payment dispute on Frank and Warren Bahrs' timber permits and further allowing Frank and Warren Bahr to bid at timber auctions for the time period in which this payment dispute is pending resolution under the third party agreement. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 Commissioner Pavleck informed the Land Commissioner he received calls from constituents upset when their property was clear cut due to logging and leaving their leased property and cabins exposed. He asked if it was feasible to leave a buffer of trees. The Board agreed to defer this issue to the Tax Forfeit Management Plan Committee to review and provide a recommendation.

2001/07-39 Motion by Lepper, seconded by McBride accepting the recommendation of the Information Systems staff and KCCS Directorship to contract with North Country Business Products in the amount of $5,850.00 for installing new category 5e cabling for the Community Service Token Ring Network for making the connection and system faster and more dependable. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

2001/07-40 Motion by Lepper, seconded by McBride to approve payment of the following burial cases: #568883 in the amount of $2,429.80, #437090 in the amount of $2,021.50, and case #729467 in the amount of $1,786.60. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

2001/07-41 Motion by Lepper, seconded by McBride accepting the following Foster Day Care and Day Care Licensing recommendations: case #11468 for family day care for ten children, case #20615 for family day care for ten children, case #25155 closing home for foster care services at request of provider, and case #55612 for family day care for ten children. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

000 The KCCS Directorship informed the Board that A.E.O.A. has made provisions to provide meal service to the Big Falls seniors due to fire destruction of the facility used previously to service the seniors. There are plans to reestablish the restaurant but in the meantime A.E.O.A. is doing all they can, including obtaining transit to get seniors to the
meal service.

000 The Board Chair called for public comment at 11:22 a.m. Becky Larson-Griffin, owner of River Oaks Home Health Care, addressed the Board with concerns of unfair treatment by the Koochiching Public Health Agency and read a letter to the Board stating these concerns. The Board Chair recommended that a meeting be held with the Public Health Director, Board members and River Oaks owners and administrators to try to rectify the problem and if Board action is needed to resolve the matter, the Board members appointed to this committee can bring back a recommendation. No other public comment was provided.

2001/07-42 Motion by McBride, seconded by Pavleck to add formation of a Board committee to the agenda to review concerns raised by River Oaks Home Health Care Agency with regards to the Public Health Department. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 The Board Chair appointed Commissioner Pavleck and Commissioner McBride to meet with the Public Health Director and River Oaks representatives to review and resolve the unfairness concerns raised by River Oaks and directing that the Public Health Director arrange the meeting.

000 The Environrnental Service Director provided a request from the City of Big Falls to waive the dumping fee for demolition of the old Jackie's Cafe destroyed by fire (to assist them financially in reestablishing a new cafe in the city). The City of Big Falls purchased the parcel of land in which the old cafe was located. The Board discussed setting precdent of waiving demolition fees for governmental entities for economic or public purposes and how this would impact County operations and costs.

2001/07-43 Motion by Lepper, seconded by McBride directing the Environmental Service Director to contact the City of Big Falls and have them request funds to assist with the demolition cost from the Koochiching Economic Development Partnership and/or the Koochiching Economic Development Authority as an economic development project. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2001/07-44 Motion by Pavleck, seconded by Lepper approving the transfer of Big Fork River Board administration funds and responsibilities to Itasca County per the River Board agreement that administrative responsibilities be rotated with participating counties every five years and further authorizing payment of $500.00 to the River Board Account as Koochiching County's 2001 annual contribution. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2001/07-45 Motion by Lepper, seconded by McBride approving the Tire Recycling Contract between Koochiching County and Earl Boyum as recommended by the Environmental Service Director. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2001/07-46 Motion by McBride, seconded by Lepper to add certification of approval by local units of government for an emergency shelter grant to the agenda. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

2001/07-47 Motion by Lepper, seconded by McBride that Koochiching County certifies that the project proposed by KOOTASCA, being located within our jurisdiction, has the approval to receive funding from the State of Minnesota Emergency Shelter Grants Program. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion

000 Members of the Chamber of Commerce Board met with the County Board to review their proposal to enhance cultural, recreational and educational programs and maintain the Backus-AB facilities in School District 361 which requires a one-time funding commitment of $30,000 from the City of International Falls and Koochiching County. The proposal pledges an effort to develop community understanding and support for an excess levy bond issue, which satisfied the County Board's concerns of informing the public and letting them decide by referendum. The Chamber supports this proposal and is willing to do what it can to gain community support for our education and culture needs. Commissioner Pavleck requested verification whether the commitment for funding from the County would be perpetual and what is the plan if there is a funding shortfall? The proposal per Chamber members asks School District 361 to retain ownership of the AB--Backus facility and levy for its operation and maintenance. The commitment from the County and City in this proposal is not for on-going funding. According to the Department of Children, Families and Learning in St. Paul, School District 361 can levy up to $1.8 million and subtracting their current levy, can levy up to $1.2 million for this proposal. In addition, the State contributes equalization aid to excess levies thereby reducing the amount actually taxed. It is assumed that if the excess levy referendum was passed this fall, the levy would be added for 2002 taxes (but this needs to be verified). The School Board supported this proposal for one year to see what happens with public support for an excess levy. The funding from the City and School would be needed by the end of this year. Per the Board Chair it appeared there was support of the County Board for the proposal but the legality of providing the funding and what funding source will provide the dollars needs to be worked out.

2001/07-48 Motion by McBride, seconded by Pavleck to allow a grant of $30,000 to fund the Alexander Baker-Backus Complex provided the County can find a legal means to provide the funding to School District 361 as proposed in the Chamber of Commerce plan for enhancement of cultural, recreational and educational programs and maintenance of the Backus-AB facilities in School District 361. Motion further requests KDA to fund the grant with contingency of funding participation as outlined in the Chamber's proposal. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2001/07-49 Motion by Lepper, seconded by Pavleck accepting the recommendation of the Highway Engineer awarding low bid for the three river access road projects to Gladen Construction in the amount of $752,673.37 and within conditions set in Board Motion 2001/07-14. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

2001/07-50 Motion by McBride, seconded by Lepper requesting the Minnesota Commissioner of Natural Resources to consider the following roads for bituminous surfacing in accordance with amended MS 1986, Section 162.06, Subd. 5:

1. UT 392 near Clementson, in Section 6, Township 160 North, Range 29 West, approximately 0.65 mile in length, that provides access to a county boat ramp on Rainy River known as Vidas Access.

2. County State-Aid Highway No. 85, east of Birchdale between Sections 35/36, Township
160 North, Range 27 West, approximately 0.96 mile in length, that provides access to
Franz Jevne Park and a county boat ramp.

3. County State-Aid Highway No. 118 at Birchdale between Sections 33/34, Township 160 North, Range 27 West, approximately 1.12 miles in length, that provides access to a county park known as Nelson Park and a boat ramp.
Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

2001/07-51 Motion by Lepper, seconded by McBride authorizing the County to provide two file cabinets for the Court Administration Department in the amount of $3,150 plus shipping and sales tax with funding from the Sinking Building Account based on a space agreement to centralize Court offices on second floor (said purchase of file cabinets will remove the last of the Court files off third floor and this space can be cleaned and utilized per the space plan agreement). Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

000 Sheriff Nelson and Judge LeDuc met with the Board to discuss courtroom security for personnel and the public. The Judge feels there is need for a deputy in the courtroom and its waiting areas, especially during domestic cases were emotions are often high. The Judge recommended the County Board view a one-half hour presentation on courtroom security put on by the State as it is an eye opener to what can happen at any time during court proceedings. After the Board views the presentation, we can discuss how to provide this service.

2001/07-52 Motion by Pavleck, seconded by McBride adopting the following resolution enabling the Koochiching County Sheriff's Office PSAP to receive 9-1-1 calls originating in the 634 telephone prefix area - Birchdale, Loman, Indus and the western portion of Koochiching County:

WHEREAS, Koochiching County installed 9-1-1 service in compliance with state law which requires that each county of the state implement 9- 1 -1 Emergency Telephone Service by December 15, 1986; and

WHEREAS, the Koochiching County 9-1-1 Planning Commission developed the Koochiching County 9- 1 -1 Plan to meet the requirements of those public service agencies whose services will be available by dialing 9-1-1; and

WHEREAS, the 9- 1 - 1 Planning Commission has recommended modifying the 9- 1 - 1 County Plan to add tandem based Automatic Number Identification (ANI), Automated Location Identification (ALI), and Selective Routing (SR) to Koochiching County. Selective Routing will be added so that 9-1-1 calls from area code 218, prefix 634, Birchdale area located in Koochiching County, will be answered at the 9-1-1 Public Safety Answering Point in International Falls, Koochiching County; and Lake of the Woods County and Koochiching County through cooperation and agreement will both notify and institute this agreement; and

BE IT FURTHER RESOLVED, that the Koochiching County Board of Commissioners intends to modify the 9-1-1 contracts with the State of Minnesota and respective telephone companies to implement the approved changes to the 9- 1 - 1 system and hereby authorizes Sheriff Duane R. C. Nelson to sign such agreements on behalf of the County; and

BE IF FINALLY RESOLVED, that a copy of the resolution be forwarded to the State of Minnesota Department of Administration for inclusion in the State's copy of the Koochiching County 9-1-1 Plan. Voting yes: Hanson, McBride, Lepper, Pavleck. Motion carried.

000 The Sheriff informed the Board that FEMA funding for administration of the County's emergency management activities is available up to $4,000 with a County match of cash and in-kind and within a grant fiscal year beginning September 1. The Sheriff again recommended contracting with Marilyn Johnson to prepare the County's emergency management plan through a committee-based structure. The Board requested a two-year service and funding plan for this project to show what funding is available and what will be expended for budget years 2001 and 2002 and bring the item back to the Board at their September 4, 2001 meeting.

000 Commissioner McBride referenced an editorial in this past Sunday Minneapolis Star Tribune making derogatory remarks about Koochiching and St. Louis Counties and misstatements about our efforts in achieving a local voice in the management of Voyageurs National Park. Commissioner McBride strongly recommends the Board send a response.

2001/07-53 Motion by McBride, seconded by Lepper directing the Board Chair send a letter to the Minneapolis Star Tribune rebutting their position and statements on the County's involvement in their July 22, 2001 editorial on abuse of citizen involvement for Voyageurs National Park. Voting yes: Hanson, McBride, Lepper; absent for vote: Pavleck. Motion carried.

2001/07-54 Motion by McBride, seconded by Lepper to adjourn the meeting at 3:00 p.m. Voting yes: Hanson. McBride. Lepper. Pavleck. Motion carried.