SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 25, 2002; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Bruce Sampson, Susan Congrave, Pam Lagoo, Steve Blair, Lynn Skifstrom, Doug Grindall, Larry Matthews, Ann Coulombe, Cindy Ellefson-Oswald, Terry Murray, Ed Hanson, Ed Eaton; Reporter Laurel Beager

2002/06-52 Motion by Pavleck, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-53 Motion by Pavleck, seconded by Hanson to approve the minutes of the June 17 and 18 Board of Equalization meetings, the June 17 special meeting, the June 18 regular meeting and the June 20 emergency meeting. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board received a status report on the Home Health Aide and Homemaker Hire Roster: home health aides Michelle Krueth and Tracey Kruegar resigned, Sheena Pearson’s position was eliminated with the transfer of the CAC waiver case and new hires of Lesa Jurek and Marilyn Busch. A total of 14 positions are filled.

2002/06-54 Motion by Lepper, seconded by Chezick to approve payment of the Public Health claims in the amount of $20,682.77 with payment detail on file in the Public Health Department, to approve payment to Johnson, Killen & Seiler, P.A. in the amount of $1,230.92 for personnel legal services with payment from the 2002 Administration Legal Budget, to approve payment to Marty Cody in the amount of $154.84 and Lorella Fulton in the amount of $465.36 for reimbursement of personal credit card expense and other expense for out of county travel with payment from the 2002 Assessor Budget and 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. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-55 Motion by Lepper, seconded by Hanson adopting the following resolution appointing and designating the Commissioner of Transportation as Agent for the County of Koochiching, hereafter identified as the Municipality, for the administration of FAA funding:

BE IT RESOLVED THAT for the purpose of carrying out the following projects: MALSR Installation, terminal security improvements, HVAC upgrade, sand storage bunker, etc (AIP-14), the Municipality does hereby appoint and designate the Commissioner of Transportation of the State of Minnesota as its agent, and authorizes him or his duly authorized representative:
1. To prepare and submit the Application for Federal Assistance.
2. To request and receive any monies, either public or private, on behalf of the Municipality, including money received from the State of Minnesota or from the federal government, and to deposit such monies with the State Treasurer.
3. To pay to the Municipality any amount of such monies received as may become due under the Municipality's contracts.

BE IT FURTHER RESOLVED that the Municipality has reviewed and understands the Terms and Conditions of Accepting Airport Improvement Program Grants. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-56 Motion by Pavleck, seconded by Hanson accepting the recommendation of the Survey Committee to extend the existing County Survey Contract from January 1, 2003 to December 31, 2004 with rate increases for each year. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-57 Motion by Pavleck, seconded by Hanson adopting the following resolution establishing the Blackduck Emergency Medical Services Special Taxing District and authorizing execution of a Joint Powers Agreement with respect thereto:

WHEREAS, in 2001, the Legislature of the State of Minnesota passed Minn. Stat.144F.01 (the "Act"), authorizing the creation of emergency medical services special taxing districts in order to assist political subdivisions in meeting the needs of providing emergency medical services in their communities; and

WHEREAS, emergency medical services special taxing districts provide for out-of-hospital emergency medical services including, but not limited to, first responder or rescue squads, ambulance services, medical control functions, communications equipment and systems and programs of regional emergency medical services; and

WHEREAS, Koochiching County desires to establish the Blackduck Emergency Medical Services Special Taxing District (the "District") for the purposes set forth above; and

WHEREAS, the territory included in the special taxing district is that part of the political subdivision described as T151-R27, T151-R28, T151-R29, T152-R27, T152-R28, T152-R29, the City of Northome and the City of Mizpah; and

WHEREAS, in order for the District to be established each participating political subdivision must adopt a resolution which establishes the District and authorizes execution of a Joint Powers Agreement pursuant to the authority conferred by Minn. Stat. § 471.59 and the Act.

NOW, THEREFORE, BE IT, RESOLVED, by the Koochiching County of Board,
State of Minnesota, (the "County"), as follows:

1. District Established. The District is hereby established for the purpose of providing for out-of-hospital emergency medical services including, but not limited to, first responder or rescue squads, ambulance services, medical control functions, communications equipment and systems and programs of regional emergency medical services, and such other purposes as may be allowed by the Legislature of the State of Minnesota, from time to time.

2. Approval and Execution of Joint Powers Agreement. The Joint Powers Agreement in substantially the form submitted to this body is hereby approved. The Board Chair and County Coordinator are authorized and directed to execute and deliver the Joint Powers Agreement with such changes as may be approved by the attorney to the County.

3. Designation of Representative. In accordance with the requirements of Subdivision 3 of the Act, the District Commissioner is designated as the County’s representative on the Board of Directors of the District.

1. Designation of Alternate Representative. In the event the District Commissioner is
temporarily unable to attend, the Board Chair is designated as the County’s interim alternate representative on the Board of Directors of the District until such time as a permanent appointment is made.

BE IT FURTHER RESOLVED that this resolution establishes Koochiching County as a party to the Joint Powers Agreement establishing the Blackduck Emergency Medical Services Special Taxing District in order to provide for out-of-hospital emergency medical services including, but not limited to, first responder or rescue squads, ambulance services, medical control functions, communications equipment and systems and programs of regional emergency medical services. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-58 Motion by Pavleck, seconded by Hanson authorizing a 2002 Budget adjustment adding $7,500 to Administration Project Budget with a transfer of $7,500 from the Highway Fund to the General Revenue Fund for the excess unorganized township funding received from the 2001 Tax Forfeit Apportionment which was over and above the amount budgeted for the Highway Department and further, to approve payment of $7,500 to the Ray Community Club from the Administration Project Budget for repair work on the Ray Community Building (area polling place) with payment released upon receipt of a written request from the Club requesting the money. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-59 Motion by Pavleck, seconded by Hanson waiving the $50 per year subscriber fee for the Northome Resource Center’s access to the County’s tax data website to assist in providing county tax information to the Northome area. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

20002/06-60 Motion by Pavleck, seconded by Lepper that due to the recent denial by MCIT to cover the County during an eminent domain proceeding and resulting civil lawsuit, directing the Board Chair to send a letter to all 87 Minnesota counties informing them of this coverage exclusion and urging them to review this and other liability exclusions with MCIT. (Letter copied to AMC and MCIT). Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-61 Motion by Chezick, seconded by Hanson setting a temporary hire rate of pay at $13.77 (80% of B23) for the temporary hire of one LPN by the Public Health Department per County policy. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Public Health Director informed the Board that the City Beach was closed by the City of International Falls due to unsafe conditions due to flood waters and its use as a sandbag site. The site was not closed due to bacteria contamination.

2002/06-62 Motion by Chezick, seconded by Hanson to defer review of the Deputy Recorder job description to the Personnel Committee at the request of the Recorder due to changes in duties. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Board was provided a recommendation from the Planning Commission on a 4-2 vote approving rezoning on an 80-acre parcel from open space to agricultural/forestry with the applicant proposing future construction of a year round dwelling. The recommendation to approve the rezoning came with a contingency that the entire 80-acre tract remain as one parcel and be allowed only one single family dwelling. Board members questioned why this contingency was placed on the rezoning request but needed to consider the impact of delaying action until their questions could be answered as it would delay the applicant’s construction plans for this summer.

2002/06-63 Motion by Chezick, seconded by Hanson to accept the recommendation of the Planning Commission authorizing rezoning from O-1 to AF-1, REZ #0202 for Lynn Skifstrom contingent upon the entire 80-acre tract remaining as one parcel and contingent on construction of only one single family dwelling on the 80-acre parcel and further, requesting the Planning Commission to reconsider the contingency placed on Mr. Skifstrom’s rezoning and to bring back a recommendation to the Board. Voting yes: Hanson, Chezick; voting no: McBride, Lepper, Pavleck. Motion failed.

2002/06-64 Motion by Pavleck, seconded by Hanson to accept the recommendation of the Planning Commission authorizing rezoning from O-1 to AF-1, REZ #0202 for Lynn Skifstrom absent the Commission’s recommended contingencies. Voting yes: McBride, Lepper, Hanson, Pavleck, Chezick. Motion carried.

2002/06-65 Motion by Hanson, seconded by Lepper canceling the following Highway billings: bills seven or more years old: Herman Stenbach for gavel - $42.60, Ron Anderson for culvert - $207.12, Cudmore Funeral Home - $101.89; 2001 billings: Courthouse for snowplowing - $363.78, Courthouse for air conditioners - $115.34, Samuelson Park - $113.61, Cemeteries - $275.68, balance on Silverdale Community Building - $2,608.15, mowing area around Silverdale Town Hall - $10.50. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-66 Motion by Lepper, seconded by Pavleck accepting the recommendation of the Highway Engineer authorizing Brian Nelson to construct a shallow ditch on County right-of-way to alleviate a water problem at the southwest corner of Block 2 of Auditors Plat 12 if he has the area surveyed to determine the correct location of the public right-of-way or obtains written authorization from the property owners of Lot 4 of Block 6 and Lot 1 of Block 1 of Hoey’s Acres stating that they would not object to the ditch being inadvertently placed on their property and a copy of the authorization given to the County. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-67 Motion by Chezick, seconded by Lepper supporting the relocation of stop signs on CSAH 48 (11th Street) from 7th Avenue West to 6th Avenue West as requested by the City of International Falls. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 Larry Matthews, d.b.a. Rational Alternatives, met with the Board to state his frustration with denial of payment from Medica for services provided to Medica clients because they did not pay their premium and then being told it was his responsibility to check to see if clients paid their premiums before providing services. He would rather discontinue services for these clients but does not want to risk losing his entire contract with the County. KCCS Management stated that funneling these payments through Community Services as requested by Mr. Matthews is a not an option because it increases the County’s cost, however, they understand why the State would want counties to do this. The Department of Human Services and United Behavioral Health state that the responsibility to follow-up on client coverage lies with the provider and that if Mr. Matthews drops coverage for these clients, the Agency will have to find another provider to cover them. Mr. Matthews wanted to inform the Board on the recent payment problems with managed care. No action was requested or taken.

2002/06-68 Motion by Lepper, seconded by Chezick approving an addendum to the Pineview Recovery Center/Littlefork Medical Center Service Contract with change in the rate schedule as recommended by the KCCS Directorship. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/06-69 Motion by Pavleck, seconded by Lepper to approve an addendum to the ODC Service Contract as recommended by the KCCS Directorship (no county dollars). Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 The Social Service Supervisor requested authorization to seek another provider to service three clients in Cass County due to quality of care and compliance concerns with the current provider. The intent would be to end the contract with the current provider and contract with another provider in that area to service the clients. Because the clients are familiar with the proposed new provider, she is requesting authority to contract with this provider and not request proposals for this service. Rates are not an issue, the service is paid by all State dollars and a Cass County provider is needed as the clients reside in that County. Due to the immediate quality of care concern for the clients, an immediate change of providers is necessary. Commissioner Pavleck stated concern with overriding the RFP process as it provides better rates regardless of whose money is being spent.

2002/06-70 Motion by Hanson, seconded by Lepper authorizing Community Services to change the SLS provider in Cass County to service three clients without requesting proposals due to quality of care concerns and an immediate need to change providers. Voting yes: McBride, Lepper, Hanson; voting no: Chezick, Pavleck. Motion carried.

2002/06-71 Motion by Hanson, seconded by Chezick accepting the following recommendations for Foster Day Care and Day Care Licensing: case #25027 to close home for foster care, case #43119 to relicense for family day care for ten children with change of premises, case #45325 to license for foster care for two children, case #55612 to relicense for family day care for ten children, case #56273 to close home for family day care, case #56999 to relicense for family day care for ten children. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

000 Ed Eaton, Engineer Advisor to the International Joint Commission and two other staff from the Corp of Engineers informed the Board that they were in the area today to assess public facilities for a worse case flooding disaster and to assess the current situation. Also as a follow-up to the many calls he received from concerned citizens and business owners, he will visit with these people to see firsthand their situation. With regards to public infrastructure, Commissioner Chezick suggested he contact the Chair of the East Koochiching Sewer Commission as this sewer system would be vulnerable in a worse case flood situation. Mr. Eaton stated that last year’s flood event occurred with an abundance of rain over a long period of time. This year was a rarity as we received large volumes of rain in a matter of a few days with the storms happening throughout the watershed, especially in Canada. It has been asked that the gates at the Kettle Falls dam be closed to let Rainy Lake catch up. Mr. Eaton stated that Rainy Lake has four times the storage capacity as the Namakan and Kabetogama Basin. If the gates are closed at Kettle Falls, it will increase these lakes by one foot. If more rain comes, this basin would be greatly flooded. In turn for putting the Namakan and Kabetogama Basin in this situation, Rainy Lake would receive a lake level reduction of about three inches which will take up to three days. In addition, he believes Namakan and Kabetgoma Lakes are going to increase due to water received higher up the chain. The same argument can be used by those on Rainy River and Lake of the Woods that the gates at International Falls should be closed to let them catch up. The heavy rain patterns that are occurring this year have a tendency to stay in place and then abruptly dissipate. He is hoping that the change in the weather in the last couple of days is the change we are looking for. However, if more rain comes we could be looking at 1950 flood levels but we would need over two feet for this to occur. He estimates at this time, without more rain, it will go up six inches due to this past weekend’s rain.

000 The Fiscal Supervisor reported to the Board on the Agency’s funding scenario for the 2002 and 2003 budgets due to changes in the 2002 Legislative Session. First the Agency will receive a cut in funding in 2002 of $19,426 and $48,110 in 2003. Secondly with the change in State payments to counties, there will be a negative cash flow for the 2003 budget of approximately $32,974 meaning that the County will need to spend down its reserves until payments are received by the State. Lastly, other small allocations are subject to cuts and at this time we know that a previously received allocation of $10,000 will be cut. With information received to date, we are looking at a $58,110 cut in funding for 2003, a $19,426 cut for 2002 plus the need to provide up-front funding until State payments are received, which impacts our investment earnings. The service areas receiving the cuts are mandated, however, the County can reduce services or fund the difference. Also due to cuts in State departments, it is very possible that other requirements would be placed on the counties without supporting funds.

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

2002/06-72 Motion by Pavleck, seconded by Hanson authorizing the Board Chair to send a letter to Senator Dayton, Senator Wellstone and Representative Oberstar with concerns of the possible replacement of CN railway custom checks at the border with x-ray scanning systems in Vancouver, B.C. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.

2002/6-73 Motion by Hanson, seconded by Lepper to adjourn the meeting at 12:22 p.m. Voting yes: McBride, Lepper, Hanson, Chezick, Pavleck. Motion carried.