SPECIAL BOARD MEETING OF THE KOOCHICHING COUNTY BOARD
Held on Tuesday, August 27, 2002; 9:30 a.m.

MEMBERS PRESENT: Commissioners McBride, Lepper, Hanson, Pavleck

MEMBERS ABSENT: Commissioner Chezick (out of town - scheduled appointment)

OTHERS ATTENDING: Paul McLaughlin, Susan Congrave, Terry Murray, John Chell, Don and Marleen Bryan, Neva Santine, Dennis Hummitzsch, Susan Glennie, Richard Lehitnen, Richard Tveit, Terry Randall, Doug Grindall, Bob Lovell, John Slatinski, Marvin Kittleson, Ed Oerichbauer, Terry Glowack, Murial Severt, Pam Lagoo; Reporters Laurel Beager and Roger Jerome

2002/08-22 Motion by Hanson, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-23 Motion by Hanson, seconded by Lepper to approve the minutes of the August 13, 2002 special meeting. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-24 Motion by Lepper, seconded by Pavleck to approve payment of the Highway bills in the amount of $79,767.00 with payment detail on file in the Highway Department, to approve payment to Johnson, Killen and Seiler, P.A. for personnel legal service in the amount of $266.00 with payment from the Administration Legal Budget, to approve payment to Shermoen and Jaksa PLLP for legal service on appeal of MCIT’s coverage denial in the amount of $1,087.50 with payment from the Board Legal Budget, to approve payment of the Public Health bills in the amount of $23,785.47 with payment detail on file in the Public Health 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, Pavleck. Motion carried.

2002/08-25 Motion by Hanson, seconded by Pavleck authorizing the use of gasoline credit cards as approval by the governmental entity is required under legislation allowing the use of credit cards by governmental entities and further, directing all departments to submit annually a list of all gas credit cards used by their department to the County Auditor, including limits and credit providers, for an audit track. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-26 Motion by Hanson, seconded by Lepper to approve the election judges for the primary election on September 10, 2002 as presented and filed by the Auditor. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-27 Motion by Lepper, seconded by Pavleck rescinding Board Motion 89/10-57 establishing a Policy on Meeting Rules Establishing Quorum By Use of Speaker Phone due to technology legislation requiring sight ability only. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-28 Motion by Pavleck, seconded by Lepper adopting the following resolution to record the repeal of the tree growth tax under the Sustainable Forest Incentive Act:

WHEREAS, the new Sustainable Forest Incentive Act, codified as Minn. Stat. 290C.01 through 290C.11, was enacted to support sustainable forest resource management on both private and public lands. The purpose of the act is to use tax incentives to encourage private forest landowners to make a long-term commitment to sustainable management. Unless otherwise noted, the Sustainable Forest Incentive Act is effective for incentive payments, and property taxes, payable in 2003 and thereafter.

WHEREAS, the tree growth tax law is repealed effective for taxes payable in 2003 and thereafter.

THEREFORE BE IT RESOLVED that Koochiching County will remove all lands in the tree growth program and place the property on the tax rolls according to law, effective June 1, 2002, for taxes payable in 2003 and thereafter. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-29 Motion by Hanson, seconded by Lepper approving the return of $5,880.36, unspent balance of the Border Grant held by the County, to the State of Minnesota as required in the terms of the Grant agreement. Voting yes: McBride, Lepper, Hanson; voting no: Pavleck. Motion carried.

000 Board members attending the August 20, 2002 IJC annual public meeting stated that the meeting was poorly conducted as it did not start until 8:00 p.m., then two hours were filled with facts and figures from IJC staff before public comment was taken at 10:00 p.m., which upset many of the public. It also appeared from comments at the meeting that the IJC has no intention of modifying the rule curve until it is up for review in the fifteen-year plan, even after listening to public comment for reasonable modifications.

2002/08-30 Motion by Hanson, seconded by Lepper directing the Board Chair to send a letter to federal representatives thanking them for their assistance during the summer’s flooding event and intervening a temporary change in the rule curve due to safety concerns with the flooding of the hydro plant. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-31 Motion by Pavleck, seconded by Lepper directing the Board Chair and Coordinator to set a public meeting whereas the County would host a forum to allow discussion with IJC Board and federal and state representatives on recent flooding and the current rule curve. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

000 The Public Health Director reviewed an outline for Public Health Emergency Preparedness and Response to Bio-terroism planning, which accompanied the receipt of a $15,000 grant. Planning will be done at the regional and local levels and will be a segment of the County’s Emergency Management Plan (will be used as a tool to respond to any public health outbreak, not just bio-terrorism). The Director also reviewed the Quarter 2, 2002 Public Health financial and statistical report with the Board.

2002/08-32 Motion by Hanson, seconded by Lepper acknowledging receipt of the Professional Advisory Committee minutes of August 23, 2002. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-33 Motion by Lepper, seconded by Pavleck to approve the renewal of two ENABLE contracts with School Districts 361 and 362 as recommended by the Public Health Director. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-34 Motion by Hanson, seconded by Lepper authorizing the Board Chair to send a letter of support for the Northern Itasca Health Care Center, which provides a service option for rural residents. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-35 Motion by Lepper, seconded by Hanson to renew social worker service agreements with School Districts 361 (providing two social workers), 362 and 363 (one social worker) as recommended by the KCCS Director. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-36 Motion by Pavleck, seconded by Lepper to approve an agreement with the State of Minnesota for provision of a state social worker position as recommended by the KCCS Director. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-37 Motion by Hanson, seconded by Lepper to approve a non-financial service agreement with Northeast Entrepreneur Fund as recommended by the KCCS Director. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

000 The Board received notice that Linda Stiles was hired as a Child Protection Social Worker on August 21, 2002, a vacancy left by resignation.

2002/08-38 Motion by Lepper, seconded by Hanson authorizing the filling of a vacant Family Based Service Provider position as recommended by the KCCS Director (vacancy due to posting of Social Worker position). Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-39 Motion by Hanson, seconded by Pavleck authorizing the filling of a Case Aide position should it become vacant with the internal promotion to the Family Based Service Provider as recommended by the KCCS Director. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-40 Motion by Lepper, seconded by Hanson approving the following Foster Day Care and Day Care Licensing recommendations: case #07420 licensing for family day care for ten children, case #47225 licensing for family day care for five children and case #57648 licensing for foster care for three children. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

000 ARDC Executive Director John Chell met with the Board to review the services provided by ARDC, identify current projects and receive feedback from the Board. The Budget was discussed as like many other employers, health insurance cost has risen dramatically causing the Agency to take a closer look at the budget and their levy on member counties. As an offsetting result, the Agency is looking into the possibility of creating a large coop for public and private employers to purchase health coverage at a lower cost. Commissioner Hanson stated that due to the recent flooding, the Highway 11 Reconstruction Project (west of the junction) has changed dramatically as unsafe areas have accelerated. Major repairs are being done on some ravines at this time. The original plan needs to be updated with consideration of unsafe areas created by the recent flood and also for future flooding and they would like ARDC’s assistance and support on this. The Director stated he would schedule a meeting with the Board to discuss this in more detail. Commissioner Hanson requested information on their Ramp Project, which constructs modular ramps for seniors living in their homes. The Director reviewed their current effort in assisting members with All Hazard Mitigation Planning, which is a new FEMA requirement. ARDC received a letter from FEMA stating that governmental units were required to have this plan in the works by November 2003 in order to be eligible for FEMA funding so the Agency made further inquiry. As a result, they were notified a grant would be provided, which they would use to pilot plans for member counties. They plan to meet with emergency managers from each county to explain the situation and seek their feedback on ARDC’s involvement in writing the plans. The Board thanked the Director for meeting with them and acknowledged the good work of ARDC and special thanks for the work done for Koochiching County.

000 The Board Chair called for public comment at 11:45 a.m. Don Bryan asked when the unresolved issues concerning the Jackfish Bay Sewer Project would be answered and addressed Commissioner Pavleck on his personal interest in the Jackfish Bay Sewer Project. Commissioner Pavleck stated that a public forum is scheduled for the first part of October and that specific questions are being deferred and handled at Jackfish Committee meetings. That he has no personal interest in the project but is representing the majority of his constituents, which have indicated they want sewer in the area. If bids for the project come in higher than the engineer’s estimate, it will be the majority he will support on whether the project proceeds or not, that is the democratic process. Neva Santine stated that she only uses her place as a summer cabin and asked Commissioner Pavleck whether his property, with multiple cabins, will be charged additional costs. In addition, she felt that he should abstain from voting on the project since his property is in the proposed area. Commissioner Pavleck responded that the East Kooch Sewer Commission determines the sewer charges for the properties it serves, so what he is charged will be determined by their rules and regulations just like everyone else. With regards to voting on the project, he has a duty to represent his constituents and that his vote will represent the majority of his constituents. Marlene Byran asked the Board the status of the Veterans Memorial. The Board Chair stated that the project is being handled through the Heritage Committee and that it is now planned for the front of the Courthouse within a landscaping plan. Cost is not known at this time as the project is still in the planning phase. The Board has spent $15,500 to date for veteran memorial designs. Paul Mielke stated that the Jackfish Bay area recently had a power outage and asked what the backup plan was for the lift stations if the sewer system goes in? He also stated that in talking with the North Koochiching Sanitary Sewer, no one has talked to them about adding another 254 systems. Commissioner Pavleck stated that the Committee would follow-up on the questions and issues raised. With no further comment, the Board Chair closed public comment.

000 The Land Commissioner reviewed the results of the August timber auction with the Board. All tracts were sold resulting in 12,616 cords sold for a total auction sale value of $341,036. Graphs were reviewed showing aspen price comparison with other counties, five-year average stumpage value trend, average sold values, and aspen averages.

2002/08-41 Motion by Hanson, seconded by Lepper accepting the recommendation of the Planning Commission approving a gravel pit Conditional Use Permit with conditions as set by the Planning Commission (CUP#0203). Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

000 Susan Glennie, Moonlight Rock area resident, met with the Board to complain about the dumping of animal carcasses and the baiting of bears, which is bringing bears and other wild animals to the area. Her yard fence has been damaged by bears and feels someone should compensate her for it. The dumping of the carcasses is disrespectful and a public nuisance. She also has concerns with the trapping and hunting that is occurring in the area as there is safety issues for kids that frequent the area and believes that the dumping of the carcasses is done to bring animals in to hunt and trap. She asked if zoning or state law restricted hunting near residential property. Commissioner Lepper stated that state law and DNR rules and procedures govern hunting and trapping, not County zoning law. When asked if she contacted the DNR she stated that their response was that hunting and trapping was allowed in the area and once they assisted the Sheriff’s Department in apprehending someone dumping carcasses after she made a complaint. Commissioner Pavleck stated that the County could look at the dumping issue as a public health nuisance but that the County has no jurisdiction with regards to hunting and trapping and that the DNR and Boise should be contacted. She did talk with Bob Anderson from Boise Cascade and he stated that no baiting is allowed on Boise property. Richard Tveit, also a resident in the area, stated that bear baiting stations have to be at least one mile from a residence and that the moonlight rock area consists of county, state and Boise property. He does not have a problem with the hunting and trapping in the area. Terry Randall, living the closest to the area in question, stated that there is no question that in the spring time there is a lot of carcasses dumped at the end of the road. He also makes complaints when he sees someone dumping and one time STS crews came out and cleaned up the mess and he was given no dumping signs to post. The signs, however, are pretty much gone and dumping still continues. The area is frequented continually, 50 to 60 vehicles a day and dumping has been going on for 35 years. However, it has gotten better as the dumping of garbage has ceased. He has no bear problems at his residence and will call someone if he sees them dumping.

2002/08-42 Motion by Hanson, seconded by Pavleck to defer the dumping complaint in the Moonlight Rock area to the Public Health Nuisance Committee for investigation and resolution as a public health matter and authorizing the Board Chair to send a letter to the DNR Fisheries and Wildlife asking they look into the complaint of Susan Glennie and provide rules and regulations on hunting and trapping in the Moonlight Rock area with a copy of the letter to Bob Anderson, Boise Cascade Public Affairs Manager. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

2002/08-43 Motion by Lepper, seconded by Pavleck authorizing the Board Chair to sign a letter to Representative Anderson requesting he research corrective measures in legislation protecting County employees and Board members from personal liability in eminent domain proceedings so that lawsuits against individual commissioners and employees will not intimidate governmental officials from using eminent domain if all other negotiations fail for improvement to public infrastructure. Voting yes: McBride, Lepper, Hanson, Pavleck. Motion carried.

000 The Board received a request from the Ericsburg Cemetery Association for two loads of gravel spread on the south and east side of the cemetery and a layer of calcium chloride on the last four-tenths of a mile of County Road 142 due to dust problems. Association members stated that during funeral processions, the travel down the road to the cemetery creates such a large amount of dust that it hangs in the air during the entire burial, dirtying clothes and making a difficult time even more difficult. Per the Highway Engineer, current policy for calcium chloride allows individuals to purchase the material and spread the material themselves. If the County supplies and spreads the material as requested, it will cost about $600, which is less expensive than the Association purchasing the material under policy. Board members discussed the exception to County policy and possible repercussions. Those supporting the request would do so for the public attending burials at the cemetery, not for individual properties.

2002/08-44 Motion by Pavleck, seconded by McBride, (Chair to Lepper), directing the Highway Engineer to have his department supply and spread calcium chloride on the last four-tenths of a mile of County Road 142 annually until otherwise notified by the Board, and to supply two loads of gravel as a one-time allocation and spread on the south and east side of the cemetery to reduce dust problems occurring at burials due to the public’s travel to the cemetery. Voting yes: McBride, Hanson, Pavleck; voting no: Lepper. Motion carried.

000 The Board recessed for discussion in committee of the whole on the Courthouse Historical Master Plan and plan to verify historical artifacts that may be housed in the Courthouse for presentation at a public open house. Following discussion, the Board Chair adjourned the special meeting at 3:20 p.m.