REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, May 21, 2002; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Warren Bahr, Frank Bahr, Terry Glowack, Ed Oerichbauer, Dennis Hummitzsch, Doug Grindall, Richard Lehtinen, Dale Olson, Corey Elmer via conference call, Terry Murray, Cindy Ellefson-Oswald, Ann Coulombe; Reporters Laurel Beager and Roger Jerome

2002/05-38 Motion by Lepper, seconded by Chezick to approve the agenda with additions and deletions. Voting yes: McBride, Lepper, Hanson, Chezick; absent for vote: Pavleck. Motion carried.

2002/05-39 Motion by Hanson, seconded by Lepper to approve the minutes of the May 14, 2002 special meeting. Voting yes: McBride, Lepper, Hanson, Chezick; absent for vote: Pavleck. Motion carried.

000 The Board received temporary hire notice of Keith Sutherland as the seasonal weed inspector.

2002/05-40 Motion by Lepper, seconded by Chezick to approve payment of the Highway bills in the amount of $$38,133.03 with payment detail on file in the Highway Department, to approve payment to Flaherty & Hood in the amount of $2,787.84 for April lobbyist service with payment from the 2002 Board Legislative Budget, to approve payment in the amount of $97.70 to Kalina, Wills, Gisvold & Clark for legal service on Voyageurs National Park matters with payment from the 2002 Board Legal Budget, and to approve payment of $2,400.00 for 2002 membership and lobbyist service to Arrowhead Counties Association with payment from the 2002 Board Budget. Voting yes: McBride, Lepper, Hanson, Chezick; absent for vote: Pavleck. Motion carried.

2002/05-41 Motion by Lepper, seconded by Chezick accepting the recommendation of the Assessor to grant an abatement to Nora Cole, parcel #21-12-33000 for special homestead classification. Voting yes: McBride, Lepper, Hanson, Chezick; absent for vote: Pavleck. Motion carried.

2002/05-42 Motion by Chezick, seconded by Lepper to authorize attendance at a June 13, 2002 Digital Translator Education Seminar to be held in Duluth as a Board activity at the request of the contractor for the County’s Minneonto System. Voting yes: McBride, Lepper, Hanson, Chezick; absent for vote: Pavleck. Motion carried.

2002/05-43 Motion by Hanson, seconded by Chezick that Koochiching County enter into a Grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Emergency Management Performance Grant Assistance Program for FY 2002 at the funding level recommended by the Sheriff. Be it further resolved that Koochiching County Sheriff Duane Nelson be authorized to execute and sign such Grant Agreement and amendments as are necessary to implement the project on behalf of Koochiching County. Voting yes: McBride, Lepper, Hanson, Chezick; absent for vote: Pavleck. Motion carried.

2002/05-44 Motion by Hanson, seconded by Lepper supporting the Application for Approval of a New Use of Tax Forfeited Lands (M.S. 282.01, subdivision 1a through 1e) by the City of Littlefork on property described at the NE ¼ of the SE ¼ of Section 19, Township 68, Range 25 for excavating gravel and for temporary (4 Years) placement of a hot mix asphalt plant to be used for the City’s capitol improvement projects. Voting yes: McBride, Lepper, Hanson, Chezick; absent for vote: Pavleck. Motion carried.

2002/05-45 Motion by Lepper, seconded by Chezick authorizing the following line item adjustment for the 2002 Forestland Budget allocating excess utility funding to building maintenance and repair to replace the heating system pump and expand the tank for the water heater: 01-113.6251 -$5,000, 01-113.6302 +$5,000. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/05-46 Motion by Chezick, seconded by Pavleck authorizing a transfer of funds in the amount of $12,700 from the Fund 02 Sinking Building Account to the Fund 01 Building Projects Budget ($9,100 for additional lighting and $3,600 for budget shortfall) for the third floor courtroom historical restoration project for 2002 and further that the Complex Superintendent report back within 30 days with a cost estimate for the room’s heating plan. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Land Commissioner informed the Board that he could not find a willing local impartial person versed in scaling to mediate resolution between the Bahr’s and the Department on the difference in scaled and timber permit prices and so did not pursue the matter any further.

2002/05-47 Motion by Pavleck, seconded by Lepper amending Board Motion 2001/07-38 directing the Land Commissioner to bring in a mutually agreeable third party to resolve the payment dispute on Frank and Warren Bahr’s timber permits and to report back to the Board in thirty days 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: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried

2002/05-48 Motion by Hanson, seconded by Pavleck to amend Board Motion 2002/05-33 adding CSAH 77 to the list of projects to be bid for bituminous surfacing. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/05-49 Motion by Hanson, seconded by Chezick to schedule a public informational and comment period for June 18, 2002 at 11:00 a.m. (during the regular County Board meeting) to receive comment on the list of proposed 2002 to 2005 bridge projects as recommended by the Highway Engineer. Motion further authorizes District Commissioners and the Highway Engineer to schedule public meetings in the area in which proposed bridge projects are located, as needed, to also inform the public. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/05-50 Motion by Hanson, seconded by Lepper accepting low bid for tandem axle dump truck rental to Tom Netland first and James Kennedy second for all zones and award low bid for tractor and trailer combination to Tom Netland first and James Kennedy second for all zones as recommended by the Highway Engineer. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/05-51 Motion by Hanson, seconded by Lepper approving participation in the State ATV Task Force as an approved Board activity and authorizing the Board Chair to appoint a Board member to represent them on the ATV Task Force should their application for membership be accepted by the DNR Commissioner. Motion further seeks interested County residents to apply for a seat on the ATV Task Force. (Task Force will discuss state policies for all-terrain vehicles and other off-road vehicles and will make recommendations to the 2003 Legislature about the extent, location and effects of ATV Trails in state forests.) Application must be made to the DNR Commissioner by May 31, 2002. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried. (Board Chair appointed Commissioner Chezick to represent them in this matter.)

2002/05-52 Motion by Hanson, seconded by Lepper accepting the recommendation of the Planning Commission to approve the preliminary Plat Application of Russell and Arlene Fish for a Four Lot Plat #PLT0202 on Rainy River near Clementson with a right-of-way of at least 66 feet and the final Plat to show the 100-year flood plain. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board received recommendations from the Solid Waste Advisory Committee to make no change to the truck scale and volume based tipping fee at the current time, to not pursue the idea of vending machines for coupon sales any further and to reduce the tipping fee for large appliances from $10.00 to $5.00. These recommendations come after several items were deferred to the Committee from the County Board for consideration. Board members felt an inconvenience to the public still exists by not having a means to pay for garbage on site and suggested a token machine which would simply provide tokens for money deposited in the machine. The Board asked that this suggestion be kept in mind.

2002/05-53 Motion by Hanson, seconded by Lepper accepting the recommendation of the Solid Waste Advisory Committee to make no change to the truck scale and volume based tipping fee at the current time, to not pursue the idea of vending machines for coupon sales any further and to reduce the tipping fee for large appliances from $10.00 to $5.00. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board Chair opened a public hearing at 11:05 a.m. to receive public comment on the Comprehensive Solid Waste Management Plan Update for 2001 to 2006, with said Update required by law. Present were the full Board, Environmental Service Director, Solid Waste Technician, Coordinator and the press. The Director informed the Board that no written comment was received. With no one from the public present to comment on the Plan, the Board Chair closed the hearing at 11:06 a.m.

2002/05-54 Motion by Lepper, seconded by Hanson adopting the following resolution to approve and adopt the Koochiching County Comprehensive Solid Waste Management Plan Update 2001-2006:

WHEREAS, the legislature of the State of Minnesota requires that Minnesota counties develop a Solid Waste Management Plan Update in accordance with Minn. Stat.
§§ 115A.46; 115A.417; 115A.551, subds. 6-7; 115A.552; 115A.557, subd. 2-3; 115A.63;
115A.84; 115A.914; 115A.96, subd. 6-7; 115A.917; 115A.97; Minn. Rules 9215 and all
other applicable statutes and rules; and

WHEREAS, Minnesota counties recognize the need to plan for and practice environmentally
sound methods of managing their solid waste stream;

WHEREAS, in 1989, the legislature of the State of Minnesota enacted legislation to require
that Solid Waste Management Plan Updates be amended to include the requirements in Minn.
Stat. §§115A.551, 115A.914 and 115A.96, Subd. 6 (1991); and

WHEREAS, Koochiching County recognizes the need to plan for and implement waste reduction, recycling, yard waste composting, special waste management strategies, and processing of MSW;

NOW THEREFORE BE IT RESOLVED, that the Koochiching County Board of Commissioners hereby approves and adopts the Updated Koochiching County Solid
Waste Management Plan and supporting documentation dated December, 2001,

NOW THEREFORE BE IT FURTHER RESOLVED, that Koochiching County agrees to maintain and implement the Plan Update as required by Minn. Rules pt. 9215.0530, subp. 1 and 2 and that the Koochiching County Board submits this document to the Director of the Minnesota Office of Environmental Assistance for final approval pursuant to applicable Minnesota laws and rules. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The County’s lobbyist updated the Board via conference call on the conclusion of the 2002 Legislative Session and its impact on the County. The Tax Bill with the fix to allow the County (and school) to levy for the lost tree growth revenue tax was enacted into law, which is good news for the County. The County will see cuts in the SCORE Grant for its recycling programs, with a ten percent cut from the first phase of balancing the state budget and another reduction in the second phase of state budget cuts. Also the County will see a shift of their CSSA funding which is assumed at this point a shift from one fiscal year to another (June to July). The general feeling of this legislative session is they dodged the bullet and that local government and taxpayers will be the first in line next year to balance the State budget. The transportation bill for this session died so formula change will be on the table next year with a metro controlled legislature. The bonding bill presented to the governor has a slim chance of passage whether in part or in full. The lobbyist stated that a final legislative report would be coming to the Board shortly. The Board requested that conference call with the ACA Lobbyist be scheduled to receive a legislative report on the Arrowhead Region. Also the Coordinator will contact AMC to find out when they will present a session report to the counties.

000 The Board Chair called for public comment at 11:28 a.m. No comment was presented.

000 The Board Chair continued discussion on the management structure for Community Services. The Board conducted its first discussion with the KCCS Directorship on March 5, 2002 due to possible breakdown of the team. Following this discussion the Board conducted individual performance reviews and concluded that individual performance of the three managers were satisfactory. However during the various review processes, it became apparent to the Board that a critical weakness exists in a team management structure when all members have equal authority and conflict occurs within the membership. With no single point of authority, control is diminished in the Team, the Agency and for the Board. Though some members were willing to consider suggestions on how to fix the structural problem with the Team, no satisfactory option resulted. The Board was unanimous that a single point of accountability was needed and stated that any decision to change management in the agency is strictly a structural decision, not a reflection on individual performance. The Board Chair suggested that the team structure is dissolved and an interim administrator is hired to allow the Board more time to review options and decide a permanent management structure for the Agency. The majority of the Board felt that an administrator should be sought rather than a full-fledged Community Service Director as the Agency will retain three supervisors knowledgeable in their program areas. Board members debated hiring an interim or permanent administrator. Some members felt that hiring an interim will allow more time to test the administrative option and to look at other options. Others felt that placing an ad for an interim administrator might deter choice candidates for the position. A member of the Team questioned why the Board would not keep the Team in place until they make a permanent decision. The Board stated that a single point of authority needs to be put in place and that they will retain the Team until such time.

2002/05-55 Motion by McBride (Chair to Lepper), seconded by Hanson to hire an interim Administrator for the Community Service Agency with advertisement locally until June 7, 2002 and that the KCCS Directorship remain in place until such time as the Administrator is hired. Voting yes: McBride, Hanson, Pavleck; voting no: Lepper, Chezick. Motion carried.

2002/05-56 Motion by Lepper, seconded Hanson to adjourn the meeting at 2:30 p.m. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.