SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, July 23, 2002; 9:30 a.m.

MEMBERS PRESENT: Commissioners McBride, Lepper, Hanson, Chezick

MEMBERS ABSENT: Commissioner Pavleck (appointment out of town)

OTHERS ATTENDING: Terry Murray, Norm Seegert, Dennis Hummitzsch, Doug Grindall, George Jessen, Steve Nelson, Richard Lehtinen, Steve Blair, Kirby Kennedy, Rod White, Paul Mielke; Reporters Kelly Cameron and Roger Jerome

2002/07-21 Motion by Lepper, seconded by Chezick to approve the agenda with additions and deletions. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-22 Motion by Hanson, seconded by Chezick to approve the minutes of the July 9, 2002 meeting. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-23 Motion by Chezick, seconded by Lepper accepting the recommendation of the Insurance Committee for the September 1, 2002 medical health plan which is to remain at a $500 Deductible with $1000 out of pocket for single coverage and $1000 Deductible for family with $2000 out of pocket for family coverage adding back the wellness benefit of $250 for each covered person with the same routine coverage as before absent eyewear coverage. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

000 Commissioner Chezick stated that due to the absence of one Board member and with the Board at a three-two vote to hire Terry Murray as Interim KCCS Director (his no vote was based on structure not individuals), he would change his vote and support the majority.

2002/07-24 Motion by Chezick, seconded by Lepper that due to restructuring, to terminate the KCCS Directorship as of July 23, 2002 returning team members to their previous supervisor positions and pay as stated in Board Motion 2002/05-55. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-25 Motion by Lepper, seconded by Chezick to hire Terry Murray as KCCS Director for an interim period of up to two years to direct the Community Service Agency with the individual to retain the fiscal and supervisor duties contained in the current Fiscal/Office Support Supervisor position and that due to the interim classification of the KCCS Directorship, it is the intent of the Board to return Mr. Murray to his previous or similar position at the termination of his interim directorship pending any unforeseen circumstances preventing the return of the individual. Voting yes: McBride, Lepper, Chezick; voting no: Hanson. Motion carried.

2002/07-26 Motion by Lepper, seconded by Chezick to approve payment of the Public Health claims in the amount of $19,704.04 with payment detail on file in the Public Health Department, to approve payment in the amount of $84.00 to Johnson, Killen and Seiler, P.A. for personnel legal service with payment from the 2002 Administration Legal Budget, to approve payment of the Highway claims in the amount of $73,286.06 with payment detail on file in the Highway Department 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. Motion carried.

2002/07-27 Motion by Hanson, seconded by Lepper to accept the FAA Grant for the International Falls/Koochiching County Airport for #AIP-14 and authorize the Board Chair and County Attorney to sign said Grant Agreement on the County’s behalf. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-28 Motion by Hanson, seconded by Chezick authorizing the Board Chair and Auditor’s signatures to the MN Trail Assistance Program ATV Grant Agreement for the purpose of facilitating a transfer of $11,000 for the Blue Ox ATV Trail to the Ridgerunners Snowmobile Club from the State Program. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-29 Motion by Hanson, seconded by Chezick tabling action on the resolution supporting a Foreign-Trade Zone in Koochiching County until the August 13, 2002 meeting to obtain more information on the property encompassed in the proposed zone and to have the resolution reviewed by the County Attorney. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

000 The KCCS Director informed the Board that the renewal of the twelve contracts presented have rate increases based on State requirements and increases are covered by State dollars. No County rates have been adjusted and there are no other changes.

2002/07-30 Motion by Hanson, seconded by Lepper to renew the following service agreements as recommended by the KCCS Director with State rate increases: Falls Good Samaritan River’s Edge Villa, Ranier Roost, Papermaker’s Place, Ita-Bel-Koo, LITE, Northome SLS, Addendum to ODC, Rainy River Waivered Services, Range Center Northland DAC, REM-SILS, REM-SLS, Lutheran Social Services SLS. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-31 Motion by Lepper, seconded by Hanson to approve payment of burial case #212988 in the amount of $851.54 (another burial claim was mistakenly added to the payment listing which will be deleted and submitted at a later date). Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-32 Motion by Lepper, seconded Hanson accepting the following foster and day care licensing recommendations: case #02111 relicensing for foster care for a specific child and case #67890 relicensing for family day care for ten children. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-33 Motion by Hanson, seconded by Lepper approving Koochiching County’s participation in the 2002-2003 Beaver Damage Control Program under the Beaver Damage Control Joint Powers Board. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

000 On October 13, 2000 the Koochiching County Board was contacted by letter to determine if the county would be interested in participating in a land exchange project involving state owned land leased to private individuals for the production of wild rice and that Koochiching County indicated that it would be willing to participate in such an exchange (Board Motion 2000/11-11). The process for this exchange is to be the same as the one used for the exchange and sale of the state’s leased lakeshore lots, completed with Koochiching County in January 2001. The Land Commissioner stated that the state’s appraisal resulted in 264.4 acres at a value of $8,000 and the State is requesting a list of lands for the exchange. The Land Commissioner stated that the property acquired by the County would become private and thereby taxable for exchange of lands to the state, which will be public.

2002/07-34 Motion by Hanson, seconded by Lepper to add to the agenda and authorize the Land Commissioner to proceed with a land exchange with the Minnesota Department of Natural Resources for the purpose of selling lands for production of wild rice to the current lessee as stipulated in Board Motion 2000/11-11. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

000 Norm Seegert, property owner adjacent to the Gold Shores Road, addressed the Board with his concerns on the blasting that will take place for this road project and the impact on his property (residence and marina). GMC Consulting had contacted him stating they wanted to do an assessment of his property prior to the start of the road construction (video property and assess wells). He stated that when Ulland Brothers did their past blasting in the pit his claims for damage were denied even though the damage was obvious and questioned whether the same thing will occur if damages occur with their road blasting. GMC stated that they need verbal and written consent from the property owner before they can conduct the assessment and to date he has not consented. The Highway Engineer stated that this assessment was put in Ulland’s contract to protect everyone as the assessment will document the conditions before construction and be used for comparison purposes should damage occur from the construction. Mr. Seegert has over one hundred boats and vehicles in addition to planes and houseboats at his marina and asked GMC to assess these properties also as flying rock may damage this property. Mr. Seegert stated that planes in his marina are only 500 feet from the proposed area for blasting. GMC stated that their contract states they will only do structures and told him to contact the Highway Engineer to have him notify these personal property owners. The Highway Engineer stated that damage to this type of personal property from flying rock would be obvious and would be the contractor’s responsibility. The contractor for the project stated that they have hired the primary blasting contractor for this area and that only small shots would be done with shots covered where necessary to prevent flying rocks for safety and damage reasons. Also certificates of insurance are filed with the County for both the contractor and blaster. Commissioner Lepper stated that the obvious solution is to ensure that the blasts are covered. Commissioner Chezick agreed but stated concern with added cost in issuing a change order. Other Board members felt the priority was to ensure that the blasts are covered to protect property and ensure the public’s safety. Before the consultant can conduct the assessment, he needs permission from the property owners and the stipulation in the construction contract is that the road project cannot begin until the assessments are done. Mr. Seegert stated there are three property owners who have not given permission and that he will not agree unless Ulland pays him $2,200 for the past damage that occurred with their blasting in the pit across from his property. When asked what would happen to the project if the assessment cannot proceed due to lack of cooperation by landowners, the Contractor stated that they would assess the situation and ask the County how they want to proceed. Commissioner Hanson stated that everyone wants this project to work but agreed property owners need a guarantee there will be reparation for any damage to their properties. Steve Nelson stated that the County is subject to government immunity meaning that seeking damage from the County is limited so the contract needs to be strict and hold the contractor liable for damages. Kirby Kennedy stated that Ulland is operating without a legal conditional use permit and is creating an on-going practice. The Highway Engineer stated that an addendum was added to the contract stating that a conditional use permit may be required for the use of the pit. The Contractor made a point that using the pit for rock crushing and materials is not an economic benefit for them but for the County and taxpayers as it reduces the cost and that it is done all over. The hours for gravel crushing are spelled out in the contract and the Highway Engineer stated that the Contractor further limited the hours from what he had proposed. The Environmental Service Director, though subject to interpretation, stated that if the Pelland site (pit in question) is not mined then it is not subject to a conditional use permit (transporting material and rock crushing is not subject to a conditional use permit). The Board Chair echoed the Board’s position that blast areas be covered to protect properties. Mr. Seegeert stated another concern with the silicone dust caused by blasting. He stated that previous blasting in the pit created a dust cover which was a health risk and that even though there are controls, no attempts were made by Ulland to prevent this (noted he was dealing with different Ulland representatives at that time). The Contractor stated that dust control is heavily regulated as they have employees working very close to the exposure and have to address the health risk. Mr. Seegert thanked the Board and contractor for taking the time to address his concerns. The Contractor informed the Board he would update them on the project before they begin construction.

2002/07-35 Motion by Chezick, seconded by Lepper to award low bid to Bowman Construction in the amount of $157,565 for shoulder widening on CSAH 24 between TH 53 and TH 332 as recommended by the Highway Engineer. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

000 The Environmental Service Director informed the Board that LCMR grants were approved by the LCMR for Koochiching County for a Water Quality Cooperative in the amount of $400,000 and for NCLUCB for a conflict resolution pilot project in the amount of $200,000. The next step is approval by the legislature and governor in the 2003 session. Board members thanked Commissioner Chezick, the Environmental Service Director and staff, Representative Anderson and ARDC for their work in obtaining the grant for the County.

2002/07-36 Motion by Hanson, seconded Lepper authorizing Commissioner Chezick and the Environmental Service Director to seek federal grant funds for the Water Quality Cooperative to protect and improve the Rainy Lake Basin water quality. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

2002/07-37 Motion by Hanson, seconded by Chezick accepting the recommendation of the Planning commission approving a new gravel pit use permit off County Road 10, two miles south of Highway 11 with conditions to Rodney A. White, CUP #0202. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.

000 The Environmental Service Director informed the Board that he was directed by the Planning Commission to develop a draft amendment to the Shoreland Ordinance expanding enforcement options as legal action is the only means at this time and that the Board desires language that would allow mediation where applicable. The Director will work with legal counsel and provide a draft to the Planning Commission to further review and recommend to the Board.

000 The Board Chair called for public comment at 11:15 a.m. Paul Mielke addressed the Board to answer a question asked of him by Commissioner Pavleck at a recent Survey Committee meeting pertaining to the Jackfish Sewer Project. Commissioner Pavleck stating that it takes only one person knowing the process to kill the sewer project and asked him if this was his intent. He stated that he represents a number of people and would need to talk with them and get back to him. It was the unanimous position of those represented (petitioners and others) that they will not support a high cost system. He stated that in talking with individuals, he feels the vote is swinging in opposition if the cost continues to rise from the original targeted household cost. Having two-hundred-fifty property owners paying off a $3 to $5 million dollar bond is asking a lot. Again he stated he is not speaking just for himself. No other public comment was presented.

2002/07-38 Motion by Lepper, seconded by Chezick to adjourn the meeting at 11:20 a.m. Voting yes: McBride, Lepper, Hanson, Chezick. Motion carried.