SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, February 26, 2002; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Christy Bubolz, Dennis Hummitzsch, Cindy Ellefson- Oswald, Terry Murray, Ann Coulombe, Jane Besch, Jaci Nagle, Susan Congrave, Nancy Lee Schafer, Becky Helleloid, Calvin Olson, Doug Grindall, Marty Gordon, Mike Kochaniuk, Jennifer Hasbargen, Craig Hunter via conference call, Barb West, Darrell Knuffke, Richard Lehtinen, Duane Nelson; Reporter Laurel Beager

2002/02-31 Motion by Pavleck, seconded by Hanson to approve the agenda with additions and deletions. Voting yes: McBride, Lepper, Hanson, Pavleck; voting no: Chezick. Motion carried.

2002/02-32 Motion by Chezick, seconded by Lepper to approve the minutes with correction to Board Motion 2002/02-21. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board received notice that Joe Urban was hired to the vacant Appraiser position as of March 4, 2002.

2002/02-33 Motion by Hanson, seconded by Lepper setting the salary for the combined elected Auditor/Treasurer position, based on comparative salary data, at the same level of the current Auditor position and for filing purposes, reaffirming policy that those elected to office will receive 100% of the salary set for position when taking office. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-34 Motion by Pavleck, seconded by Hanson approving the following 2002 Budget adjustments as recommended by the Coordinator: adjust deferred revenue for the Environmental Service and Survey Budgets based on 2001 year end totals; adjust Community Service’s state and federal budget amounts based on reconciliation with the final county dollar allocation; internal line item adjustment in the Attorney’s Budget to cover unbudgeted professional services; adjusting the Office Clerk Budget by reallocating unspent dollars for the first office clerk position to the Auditor's Budget to cover the Auditor Clerk position, to cover an unbudgeted service expense in the Historical Society Budget and to reduce the use of General Revenue Fund reserves by the remaining balance. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-35 Motion by Chezick, seconded by Lepper to set the starting time for regular Board meetings at 9:30 a.m. starting in March and ending May 1, 2002at which time the Board will decide their summer meeting scheduled. (Special meetings will also begin at 9:30 a.m. during this time period.) Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-36 Motion by Lepper, seconded by Hanson to approve a public information notice on the protection of survey monuments and to publish said notice on an annual basis as a means to educate the public on preservation of survey markers as recommended by the Survey Committee. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board reviewed again the Memorandum of Agreement with the University of Minnesota for funding the Extension Coordinator position in Koochiching County. The Extension Coordinator stated that the County Attorney had reviewed the agreement. The agreement, if signed, will be in effect through the end of year 2007 but has a every two- year review process built into it. The agreement provides for one staff position for the County. When asked about the regional work plan, the Extension Coordinator stated that it is the intent that coordinators work interchangeably in counties but she did not know how the funding would be affected at this time. However, the agreement guarantees the County the time of one full time coordinator. Being that Koochiching County is so remote, it is unlikely this regional approach would work here. Commissioner Pavleck asked what would happen if they did not sign the agreement? The Extension Coordinator, anticipating this question, stated her Director answered by saying that if we want Extension service in the County it would be through this funding agreement and was willing to meet with the Board to discuss the matter. The Extension Coordinator stated that the County has funded the position in the 2002 Budget and was not aware of any signing deadline. The Extension Coordinator stated that there is controversy with the job share program but that they have moved her to full time on March 5, 2002. Board members expressed concern with the long-term funding agreement and not having all the information on the revised Extension Service Program.

2002/02-37 Motion by Chezick, seconded by Pavleck to table the following motion until the Board has information on the outcome of the State Budget resolving the deficit and its impact on the County and until more information is known on the changes in the Extension Service Program: Motion by Hanson, seconded by Chezick to approve a Memorandum of Agreement with the University of Minnesota for funding the Extension Coordinator position in Koochiching County from 2002 through 2007. Voting to table: McBride, Lepper, Hanson, Chezick, Pavleck. Motion tabled.

000 The Land Commissioner resubmitted the request by the KEDA and City of International Falls for free conveyances of tax forfeited property for a business development park. Matter was tabled due to the lack of a full Board. Question was raised as to whether the public would have an opportunity to comment on this development and it was stated that the City plans on holding public hearings. Question was also raised on whether there was wetland on the property and whether it will be a problem in the development on the property. The Land Commissioner suggested the Board meet with the City and KEDA to review the plans for the development park. Commissioner Chezick expressed concern with having no plan on this proposed development project.

2002/02-38 Motion by Hanson, seconded by Lepper to approve free conveyance of tax forfeited property to the City of International Falls and the Koochiching Economic Development Authority, governmental subdivisions, for authorized public purposes per M.S. 282.01. Said land located within Lot 1, Auditor’s Plat 13 with complete legal description on file in the Land and Forestry Department. Voting yes: McBride, Lepper, Hanson, Pavleck; voting no: Chezick. Motion carried.

2002/02-39 Motion by Hanson, seconded by Chezick to approve the renewal of a non-financial agreement with the Chippewa Tribe for tribal employment programs as recommended by the KCCS Directorship and upon approval of the County Attorney. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-40 Motion by Hanson, seconded by Lepper to approve the renewal of the Lutheran Social Services Guardian and Conservator Purchase Agreement as recommended by the KCCS Directorship and upon approval of the County Attorney. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-41 Motion by Lepper, seconded by Pavleck to approve payment of Burial Case #734605 in the amount of $2,021.50; accepting the recommendations for the following Foster Day Care and Day Licenses: case #60105 to relicense group family day care for twelve children and case #31426 to relicense foster care for two children; to approve payment of Community Service social service and financial claims and administrative expenditures as presented with payment detail on file in the Community Service Department, to approve payment of the Public Health bills in the amount of $24,585.11 with payment detail on file in the Public Health Department. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board Chair asked that discussion on time clocks in the Community Service Department be brought to the Board as a follow-up to discussion at a Community Service staff meeting last week. The KCCS Directorship stated that there is a need to monitor employees’ time under flex schedules, which range from 7:00 a.m. to 6:00 p.m. The Team stated that supervisors could not monitor this time range on a daily basis and felt the installation of time clocks may be the solution. Commissioner Chezick asked whether personal computers could be used as a time monitoring system. Per the Information Systems Manager not everyone is using the same network (some on mainframe, others on different servers) so currently there is no means for this data to flow to one location to be monitored. She suggested that if a time clock system were to be installed, it should be interfaced with payroll and create time saving in processing the Agency’s payroll. The Team did not thoroughly study this issue but wanted to begin discussions with the Board on the matter. Commissioner Pavleck felt that the issue stems from flex time and should be the first thing looked at.

2002/02-42 Motion by Pavleck, seconded by Chezick to defer the matter of time clocks in the Community Service Department to a committee meeting on March 5, 2002, following the scheduled review of the KCCS Team structure. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-43 Motion by Pavleck, seconded by Hanson to approve a Letter of Understanding assuring that pending proper licensing and approval by the State, GRH rates and waiver dollars will be provided up to the maximum allowed by the State for the future assisted living facility to be built in the City of Littlefork. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-44 Motion by Lepper, seconded by Hanson to renew a contract with River Oaks Home Care for CAC and CADI services as recommended by the Public Health Director and upon approval by the County Attorney. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-45 Motion by Pavleck, seconded by Chezick to renew a contract with Healthline Home Care for CADI, AC and EW services as recommended by the Public Health Director and upon approval by the County Attorney. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-46 Motion by Lepper, seconded by Hanson to renew a contract with Deer River Medical Center for CAC home health care services as recommended by the Public Health Director and upon approval by the County Attorney. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-47 Motion by Hanson, seconded by Chezick to renew a contract with North Country Home Care for CADI, AC and EW services as recommended by the Public Health Director and upon approval by the County Attorney. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Public Health Director provided the Board her recommendation for the County’s involvement in Home Health Care, which is based on two private providers providing home care service in the County. The action plan recommended would down size the County’s home care services by contracting out waiver services (unless client is not accepted by private provider). The County will remain in home care service to provide clients a choice in service providers and as a safety net to ensure those without a means to pay are provided care. The Department would no longer make referrals to its own home care program. Commissioner Pavleck stated his intent that the County not provide the service except for being a safety net. He asked whether clients will chose the County over private providers? The Director stated that the decision is up to the client but that reputation of the provider will make a difference. Commissioner Pavleck wants to make sure there is a fair playing field and that the County does not use its resources to compete against private providers. Commissioner Chezick felt that the transition would occur naturally if private providers want the business. He compared the matter to the reduction in the County’s abstracting business due to a private business getting into the market. Commissioner Hanson asked what the process was to review the outcome of the action plan. The Director stated that through finance and client numbers it can be monitored and measured and suggested an annual review. The Director reviewed a transition plan for staffing as home care services lessen in the Department. In addition she reviewed estimated costs to the County for serving clients without a means to pay for the service. Commissioner Pavleck stated that as we reduce home care services, costs should also be reduced. It should not cost us more to reduce a service program. In response to a question on whether a client will look at cost when deciding their home care service provider, the Director stated that referral agencies will focus on care, not cost, unless the client has no means to pay for the service. For those who can not pay for the service, she finds they normally would not get the service but the County will be the safety net for these clients. Also through the County, we can apply for waivers for these clients. In summary, the Director stated that to fairly assess this action plan, it will have to play out for a few years and she does not anticipate anything starting right of way. Also the second private provider needs to establish its service in Koochiching County.

2002/02-48 Motion by Hanson, seconded by Chezick to approve the County’s Home Care Action Plan as presented and recommended by the Public Health Director and further, that the action plan be reviewed annually with the Board. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-49 Motion by Hanson, seconded by McBride (Chair to Lepper) to approve an On-Call Payment Policy as recommended by the Public Health Director and Personnel Committee. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-50 Motion by Hanson, seconded by Chezick to approve an increase of $1.00 per hour for the nurses on-call pay, effective the first day of the next pay period. Voting yes: Hanson, Chezick; voting no: McBride, Lepper, Pavleck. Motion failed.

000 Medical Center Administrator Calvin Olson met with the Board to review a funding request for operational cash flow for a proposed assisted living facility in the City of Littlefork. At a KEDA meeting last week, it was suggested that the project be reviewed with the County to see if they could provide any assistance. The City was successful in obtaining a $250,000 State grant for this project but are now under tight timelines with the State to make a decision on whether to accept the grant. The funding request to the County today is to cover projected cash flow shortage the first and second years of operation. Commissioner Lepper stated that subsidizing this facility opens us up to subsidizing other facilities and he did not know how the County could assist in this matter. Commissioner Pavleck stated that this proposed facility would be City owned and he views this as a venture with another governmental entity, not a private business. This facility is critical to the City and will provide a needed facility and service for the aging population of Koochiching County. Commissioner Chezick expressed concern with the data contained in the facility’s feasibility study as it uses wrong census data. In addition, he felt that economic development staff should be doing their homework in checking the feasibility and viability of a project before it hits this table. Mr. Olson stated that the City of Littlefork has shown great support for this project but has not taken any official action to date. Commissioner Lepper stated that there is no money set in the budget to accommodate this request and stating concern with the State deficit and setting precedent to subsidize other business, he just didn’t see how the County could help. Commissioner Chezick would not support this request as he does not feel it is economic development. Commissioner Pavleck believed there is a way for the County to help support this project and would like further review by the Board. Commissioner Hanson stated that he did not hear an avenue for him to give support to the funding request. The Board Chair summarized for Mr. Olson that there was not a financially commitment by the County Board to provide funding for this facility.

2002/02-51 Motion by Pavleck, seconded by Hanson to defer the request for funding the proposed Assisted Living Facility in the City of Littlefork to the March 12, 2002 KDA meeting for consideration. Voting yes: McBride, Pavleck; voting no: Lepper, Hanson, Chezick. Motion fails.

000 The Board Chair called for public comment. No comment was presented.

000 Due to approved action at the last meeting directing the Highway Engineer to begin eminent domain proceedings, the Board afforded those property owners the opportunity to meet with the Board. Via the telephone, Craig Hunter addressed the Board with his concern that the taking of a portion of his property for road purposes may make his remaining property nonconforming and he will not be able to build on it. He also informed the Board that Highway staff have been very helpful. Darrel Knuffke and Barb West stated various concerns with the County taking a portion of their property for road purposes. Their parcel is long and narrow (approximately 1.5 acres) and the County is taking a length portion of the property. They have concern with not being allowed to rebuild their garage should something happen to it, the impact the land taking will have on the value of their property, drainage issues, relocating their propane tank and possible damage to their foundation due to the blasting that has to occur. They also have questions as to the appraisal done by the County.

2002/02-52 Motion by Chezick, seconded by Hanson to close session to discuss pending eminent domain litigation with the County Attorney. Voting yes: Hanson, Chezick; voting no: McBride, Lepper, Pavleck. Motion failed.

000 In continuation of discussion with property owners Knuffke and West, they questioned why the road could not be moved to utilize the undeveloped land on the other side of the road and not impact their property. Highway staff stated that they tried to stay with the existing alignment as much as possible but did adjustments to lessen the impact on this property. The section of road in discussion is 1,200 feet and staff did look at moving the road to the undeveloped property but did not plan out for a 30 mph road. Also moving the road to the undeveloped property does not alleviate the blasting concern as it is the same rock ridge that their property sits on. In summary the property owners felt that when you tie all their concerns together, it is not trivial and felt that moving the blasting to the other side of the road would have less impact on their property. Highway staff did talk to the gas company who felt the gas tank and line could be moved to another location on the property. The property owners will get their own appraisal and engineering report and share the information with the Highway Department.

000 The Highway Engineer requested the award of bids for the tandem axle dump truck and crawler tractor be deferred to the March 5th meeting as vendors would like to make presentations to the Board on their products.

2002/02-53 Motion by Chezick, seconded by Pavleck deferring the crawler tractor and tandem axle dump truck bid award to the March 5th meeting but that no time will be scheduled for vendors to make product presentations due to lack of agenda time and that vendors may submit their product information to the Board in written form prior to the meeting. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/02-54 Motion by Pavleck, seconded by Hanson authorizing the filling of a full time deputy position in the Sheriff’s Department due to an upcoming retirement. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board reviewed the list of proposed changes to the draft County Comprehensive Land Use Plan. Page changes will be made to the existing draft plan for a final product. The next step upon adoption of the Plan is for the Board and Planning Commission to discuss a plan to implement the recommendations in the Plan.

2002/02-55 Motion by Pavleck, seconded by Chezick to adopt the following resolution for a Koochiching County Comprehensive Land Use Plan:

WHEREAS, Koochiching County initiated the development of a Comprehensive Land
Use Plan by contracting with Biko Associates, Inc. in 1999, and with Arrowhead
Regional Development Commission (ARDC) in May 2000, and

WHEREAS, a Steering Committee and a Technical Advisory Committee were established to guide the planning process, and

WHEREAS, four public forums were held in various locations of the County to present the Draft Plan including maps and to obtain comments and input from the residents, and

WHEREAS, a Land Use Plan has been developed that will set policies to direct future growth and development of the County in the categories of natural resources, housing and settlement patterns, agriculture, commercial and industrial development, recreation, transportation and governmental cooperation, and

WHEREAS, this Land Use Plan will incorporate by reference the Koochiching County Zoning Ordinance, the Big Fork River Management Plan, the Rainy/Rapid Rivers Management Plan, the Little Fork/Rat Root Rivers Management Plan, the Airport Zoning Ordinance, the Koochiching County Shoreline Management Ordinance, the Koochiching County Comprehensive Water Plan, the Koochiching County Wetlands Flexibility Plan and Ordinance, and, also including any other County ordinance that has been duly approved and certified as required by Statute, and

WHEREAS, the Koochiching County Board of Commissioners has held public hearings on December 11, 2000, and continued to February 26, 2002 on adoption of said Plan;

NOW, THEREFORE BE IT RESOLVED, THAT the Koochiching County Board of ~
Commissioners hereby accepts the background studies and adopts the Goals, Objectives, _
Strategies and Action Steps and Maps 2.4 and 2.7 as set forth in the Koochiching County _
Comprehensive Land Use Plan. In accordance with Minnesota Statute 375.51, this Plan _
shall be published in summary as part of said official proceedings, with the effective date _
to be February 26, 2002. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried. _

000 The Environmental Director informed the Board that the list of steps and timelines for proceeding with the proposed Jackfish Area Sewer Project was pending another meeting with the Committee and will be presented at the March 5th meeting.

2002/02-56 Motion by Hanson, seconded by Lepper to adjourn the meeting at 2:55 p.m. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.