Koochiching County Board Minutes 6-18-02

Board Minutes

for

June 18, 2002

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 18, 2002; 9:30 a.m.

OTHERS ATTENDING: Ann Scholler, Susan Congrave, Dale Olson, Christy Bubolz, Doug Grindall, George Jessen, Jaci Nagle, Dennis Hummitzsch, Frank Bahr, Richard Demars, Steve Blair, Jennifer Hasbargen; Reporters Laurel Beager and Roger Jerome

2002/06-17 Motion by Pavleck, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-18 Motion by Hanson, seconded by Pavleck to approve the minutes of the June 4, 6 and 11 meetings. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board received notice of the following temporary hires: Donald Zaren for summer work at the transfer station, Brady Fougner and Benjamin Deedrick for summer work for the Highway Department.

2002/06-19 Motion by Lepper, seconded by Chezick authorizing Board Chair’s signature on the Auditor’s May vendor payment listing verifying its review, approving payment in the amount of $830.39 to Kalina, Wills, Gisvold & Clark, P.L.L.P. for legal work on VNP matters with payment from the Board’s Legal Budget, and to approve payment of the Highway bills in the amount of $45,833.71 with payment detail in the Highway Department. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-20 Motion by Hanson, seconded by Lepper accepting the Assessor’s recommendation for granting the following abatements: Diane Bollefer and Gary Krenik, parcel #05-45-32000, for an error in entering construction value; Fisher Petroleum, parcel #97-99-00010, to remove building value due to removal of buildings for assessment years 2000 and 2001. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-21 Motion by Chezick, seconded by Hanson authorizing the serving of alcohol at the City Beach on July 28, 2002 for a Moose Lodge annual picnic per Ordinance. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board received notice on the hire of Stephanie Promersberger in the Office Clerk position established in Board motion 2002/04-03 with a starting date of June 24, 2002.

2002/06-22 Motion by Chezick, seconded by Pavleck adopting the following resolutions:

Resolution Requesting an Agricultural Disaster:
WHEREAS, the County of Koochiching, has sustained severe losses of a major proportion, caused by heavy rains, flooding and sustained high water levels in June, 2002; and

WHEREAS, Koochiching County is a public entity within the State of Minnesota: and

WHEREAS, County USDA Emergency Board is filing their damage assessment report and has filed a flash report which supports the need for emergency loans to farmers; and

WHEREAS, the cost of recovery from this disaster is beyond the resources available within the county, and state and federal resources are necessary.

NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners, for and on behalf of the citizens of Koochiching County, request the Governor of the State of Minnesota to petition the United States Secretary of Agriculture to declare the County of Koochiching, Minnesota a disaster area.

Resolution Declaring a State of Emergency
WHEREAS the heavy rain and overland flooding impacted the population of Koochiching County and its cities; and

WHEREAS the listed event has caused a significant amount of public property damage; and

WHEREAS the Koochiching County Department of Emergency Management requests the Koochiching County Board of Commissioners to declare Koochiching County in a STATE OF EMERGENCY for the listed event of 2002.

NOW, THEREFORE, BE IT RESOLVED, that the Koochiching County Board of Commissioners declares Koochiching County in a State of Emergency for conditions resulting from the June 9 - 12 event of 2002.

Resolution Requesting a Presidential Declaration of a Major Disaster
WHEREAS the County of Koochiching has sustained severe losses of major proportion, caused by the heavy rains and subsequent overland flooding on the date(s) of June 9 - 12, 2002, and

WHEREAS Koochiching County is a public entity within the State of Minnesota: and

WHEREAS substantial damage has been sustained to both public and private property, as outlined in the submitted damage assessment forms: and

WHEREAS the cost of recovery from this disaster is beyond the resources available within the county, and state and federal resources are necessary;

NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners, for and on behalf of the citizens of Koochiching County, request the Governor of the State of Minnesota to petition the President of the United States to declare the County of Koochiching, Minnesota, to be a major disaster area, through appropriate channels.

BE IT FURTHER RESOLVED that this request is for:
1. The Public Assistance (Infrastructure Support) and Human Service Programs as offered through P.L. 93-288 and 106.390.
2. The Hazard Mitigation Program, as offered through P.L. 93-288 and 106-390.

BE IT FURTHER RESOLVED that the County Emergency Management Director is authorized to coordinate the damage survey teams with local government, and assist in the administration of the disaster recovery process, as needed.

2002/06-23 Motion by Pavleck, seconded by Lepper authorizing the Board Chair to send a letter to the East Koochiching Sanitary Sewer Commission requesting their response to citizens’ concerns regarding raw sewage in basements due to the high water levels and what impact the hookup of additional sewer systems in the Jackfish Bay area will have on the entire system with our reoccurring high water levels. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-24 Motion by Hanson, seconded by Chezick authorizing attendance at the June 18, 2002 MnDot meeting in Birchdale regarding the closure of the Manitou Rapids Rest Area as a Board activity. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 Commissioner Chezick withdrew his appointment to the Arrowhead Regional Library Board due to scheduling conflicts and inability to make their meetings. Commissioner Hanson, as alternate, agreed to cover the appointment for the remainder of the year. Meetings are held once a month (Thursday) in Virginia. The Coordinator will contact the Agency with the change in representation.

2002/06-25 Motion by Lepper, seconded by Chezick authorizing a line item transfer in the 2002 Sheriff Budget transferring $900 from jail supply to capital outlay ($441 to cover capital outlay purchases of a phone and vacuum) and further approving the purchase of a digital camera in the amount of $455.28 from the Sheriff’s capital outlay budget. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-26 Motion by Lepper, seconded by Pavleck approving an additional expenditure out of the Sheriff’s Zero Tolerance Account of $740.00 to cover the purchase of the eighth digital recorder (grant match of $1,600 and expenditure for seven digital recorders approved in Board Motion 2002/05-62). Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-27 Motion by Hanson, seconded by Lepper authorizing a budget transfer of $600.00 from Board Projects Budget to the County Attorney Budget to cover transcript and expert witness cost as unforeseen legal expenses. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-28 Motion by Lepper, seconded by Chezick to add to the agenda a resolution supporting the submission of a grant application for Alcohol, Tobacco and other Drug Prevention Services as requested by the Public Health Director. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-29 Motion by Pavleck, seconded by Hanson to approve a contract with Interim Health Care for waiver services as recommended by the Public Health Director. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-30 Motion by Hanson, seconded by Pavleck to approve a contract with River Oaks Home Care for waiver services as recommended by the Public Health Director. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-31 Motion by Lepper, seconded by Chezick to approve a contract with Interim Health Care for CAC waiver services as recommended by the Public Health Director. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-32 Motion by Lepper, seconded by Hanson to adopt the following resolution supporting a grant application:

WHEREAS, the Minnesota Department of Human Services has announced the availability of funding for Alcohol, Tobacco, and other Drug Prevention Services, and;

WHEREAS, the Community Health Board has indicated an interest and intent to apply for the funds from the Department of Human Services;

NOW THEREFORE BE IT RESOLVED that the Koochiching County Board supports submission of a grant application by the Aitkin-Itasca-Koochiching Community Health Board for the development and implementation of the Community Power Project. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Public Health Director informed the Board that due to the recent flooding, Red Cross will be contacting residents with information on home clean up and health issues due to flooding and that her Department will conduct water testing for the residents. FEMA crews will be in the County this week working with the Sheriff to assess our situation.

2002/06-33 Motion by Chezick, seconded by Lepper to add to the agenda and approve Commissioners’ attendance to meetings with FEMA as a Board activity. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-34 Motion by Hanson, seconded by Lepper authorizing the Environmental Service Director to enter into a contract with ODC for roadside cleanup between Menards and the Solid Waste Transfer Station and along County Road 107 and further authorize the annual renewal of this service contract at the discretion of the Director. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-35 Motion by Hanson, seconded by Chezick to set a temporary hire rate of $8.25 for temporary hire Donald Zaren, per County Policy. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Extension Coordinator met with the Board stating her dissatisfaction with the hiring decision made by the Land Commissioner for the filling of the office clerk position that will serve the Extension and Land and Forestry Departments as she was excluded from the final selection decision. She stated that there are five weeks until fair time and she has no trained staff. She requested to select her own 50% office clerk or have the new clerk 100% of the time until September 1, 2002 when fair time is concluded. The Coordinator had reviewed the process used to hire the clerk and found no violation of the County’s hiring policy and the process is documented. The Land Commissioner was designated by the Board as the position’s supervisor and therefore was the authority to make the hiring decision per policy. The Extension Coordinator is not a county employee and therefore could not be given this responsibility. The Board was sympathetic of her staffing situation and asked the Coordinator to discuss with the Land Commissioner the possibility of allowing more time to the Extension Department from the start of hire through August. The Coordinator will also look into the possibility of temporary hire to assist the department during fair time.

2002/06-36 Motion by Chezick, seconded by Lepper directing the Board Chair or his designee to conduct fact finding on the Extension Coordinator’s complaint with the Land Commissioner’s hiring of the office clerk. Voting yes: Chezick, Lepper; voting no: McBride, Hanson, Pavleck. Motion failed.

000 The Board Chair opened a public comment session at 11:20 a.m. for the purpose of receiving public comment on the Highway Engineer’s recommended 2002-2005 bridge projects. The Highway Engineer reviewed the proposed bridge projects for each year. No written comment or oral comment was received. The Board Chair closed the public comment session.

2002/06-37 Motion by Lepper, seconded by Pavleck accepting the Highway Engineer’s 2002-2005 bridge project plan as follows: Year 2002 – CR 57 and CR 83; Year 2003 – CSAH 29 and CR 61; Year 2004 – former CSAH 4 and CR 53; Year 2005 – CSAH 1. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-38 Motion by Pavleck, seconded by Chezick authorizing the Highway Engineer to call for bids for shoulder widening and ditch reconstruction for SAP 36-624-15 (portion of Van Lynn Road) with a bid opening of July 15, 2002. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board Chair deferred the request by the City of International Falls to relocate a four-way stop on 11th Street to the next meeting to allow more time for Board members to obtain information on the request.

2002/06-39 Motion by Hanson, seconded by Pavleck accepting the Highway Engineer’s recommendation to award low bid for SAP 36-738-01 (Gold Shores Road) to Ulland Bros. in the amount of $1,302,444.90. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-40 Motion by Hanson, seconded by Pavleck accepting the recommendation of the Highway Engineer to award low bid for bituminous surfacing to Thorson, Inc. for a grand total of $1,060,515.62 for SAP 36-601-09, SAP 36-610-08, SAP 36-677-04 and $31,059.00 for CP 2002-01. Voting yes: McBride, Lepper, Hanson, Pavleck; absent for vote: Chezick. Motion carried.

2002/06-41 Motion by Hanson, seconded by Lepper authorizing a letter from the County Board to Highway Department staff stating their appreciation for the great work in maintaining safety and repairing road damage caused by the flooding. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-42 Motion by Pavleck, seconded by Lepper approving the Microsoft Inventory Report as presented by the Information Systems Manager and authorizing Board Chair’s signature to said Report and further, approving expenditure up to $8,870 from the Information System Capital Outlay Budget for licensing compliance with reimbursement billings to the respective departments per the County’s Billing Policy. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-43 Motion by Pavleck, seconded by Lepper approving a repurchase request by Anthony Holler for the North 165 feet of Lot 16, Auditors Plat # 28 per County Policy and as recommended by the Land Commissioner. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-44 Motion by Hanson, seconded by Pavleck to approve the renewal of the Soil Survey Agreement with no change and within the funding agreement as approved in the Board Motion 00093/03-30 and the 2002 Budget and as recommended by the Land Commissioner. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-45 Motion by Pavleck, seconded by Hanson accepting the arbitration decision for settling the dispute between the County Land and Forestry Department and Warren and Frank Bahr with the price difference of scaled wood and the County timber permits. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-46 Motion by Pavleck, seconded by Lepper authorizing the Community Service Agency to contract for a SLS residential setting for supervised/supportive living for a vulnerable individual residing in Koochiching County with the intent to have services provided by local providers. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:52 a.m. Frank Bahr addressed the Board supporting the Extension Coordinator that she should have had more say in the hiring of the Office Clerk for her department and thanked the Board for their support in resolving the wood price difference. Richard DeMars addressed the Board with concerns on the administration of the solid waste hauling contract, questioning the required insurance coverage and other contractual issues. The Board Chair asked Mr. Demars to put his issues in written summary form and that he would set up a meeting with Environmental Service staff to review his issues. Board Chair closed public comment at 12:06 p.m.

000 At the Board’s request, the Land Commissioner met with the Board to review the process used for the hiring of the Office Clerk due to the public complaint made against him. The hiring policy was reviewed with the Board and the Land Commissioner affirmed he followed County Policy. He stated that the Extension Coordinator was involved in the process from the beginning but that he had made the final decision as directed by Board motions making him the authority for the position. A four-member interviewing committee provided him the names of their top candidates based on scores and using this information he made the decision to hire the best candidate for the shared office clerk position. The person selected scored high with all committee members.

000 Commissioner Pavleck informed the Board that in review of the Shoreland Management Ordinance, it was found that no administration process exists to try to settle issues before getting into the legal process. He would like to see a change in the ordinance to allow a mediation process due to the continuous flooding problems we are experiencing. Commissioner Lepper suggested the ordinance be given to the Planning Commission for review with other ordinances to see how best to accomplish this. Attorney Hasbargen agreed it would be best if it was reviewed with the other water and zoning ordinances and that it would be much easier if all the water and zoning ordinances were incorporated into one ordinance. Commissioner Lepper stated that this is the ultimate plan and is why it is important this goes to the Planning Commission. Commissioner Pavleck did not disagree but stated concern with the matter getting bogged down as the change needs to be immediate to help the people with flooding problems. Attorney Hasbargen explained to the Board that the only remedy at this time for violation of the Shoreland Ordinance is to criminally prosecute the individual(s) and stated that the Zoning Ordinance has a mediation process for trying to resolve issues outside the courtroom. The Board was supportive to allow a change to this fact as it is not their intention to harm County residents but that establishing the right amendment to allow for a mediation process but still retain the integrity of the ordinance was needed.

2002/06-47 Motion by Pavleck, seconded by McBride (Chair to Lepper) to temporarily suspend the Shoreland Management Ordinance due to flooding problems pending review of the Ordinance by the Planning Commission to establish a mediation process. Voting yes: McBride, Pavleck; voting no: Lepper, Hanson, Chezick. Motion failed.

2002/06-48 Motion by Chezick, seconded by Pavleck sending the Shoreland Management Ordinance to the Planning Commission requesting their review for providing a mediation process prior to taking criminal action and provide findings and recommendation to amend the ordinance for this purpose. Motion further requests copies of the Shoreland Ordinance are provided to the Board for review. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-49 Motion by Chezick, seconded by Lepper to adjourn the meeting at 2:16 p.m. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.