Koochiching County Board Minutes 5-6-03

Board Minutes

for

May 6, 2003

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, May 06, 2003; 9:30 a.m.

OTHERS ATTENDING: Einar Sundin, Doug Grindall, Duane Nelson, John Mastin, Linda Skime, Jeri Nordlund, Dennis Hummitzsch, Todd, W.W. and Gary Thompson, Gary Rasmussen, Don Clauson, J.J. Hasbargen, Joe Langel via conference phone; Reporters Laurel Beager, Roger Jerome and Jen O’Reily

2003/05-01 Motion by Chezick, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-02 Motion by Hanson, seconded by Adee to approve the minutes of the April 22, 2003 special meeting. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Board was informed of the following Home Health Aide/Homemaker resignations: Donna Vellieux as of March 4, 2003, Kathleen Robar as of March 28, 2003, Lynda Lacombe as of March 14, 2003 and Sharalyn Schaak as of May 1, 2003 (retaining 12 positions after May 1, 2003).

2003/05-03 Motion by Chezick, seconded by Hanson accepting the recommendation of the Assessor to grant an abatement to Michael and Barbara Rudd, parcel #92-25-04180, for homestead credit on adjoining parcel and to grant an abatement to Connie Etiennie, parcel #21-09-44100, for homestead credit. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-04 Motion by Chezick, seconded by Pavleck approving payment of the Auditor bills in the amount of $94,096.24, to approve payment of the April Board of Prisoner claim in the amount of $2,890.00, to approve payment of the County Board monthly per diem and expense claims in the amount of $6,291.99, to approve payment to MacDonald and Mack Architects in the amount of $2,178.75 for landscape design with payment from the 2003 Landscaping Project Budget, to approve payment from the County’s Sunset Cove Waterline Account to the City of International Falls for $375.18 to cover the balance due the City for administration cost and to approve payment from the account held by the City $1,588.05 to the City of International Falls and $7,601.58 to the City of Ranier and to approve payment of the Highway bills in the amount of $23,279.18. Payment detail on file in the Auditor and Highway Departments, respectively. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-05 Motion by Hanson, seconded by Chezick to authorize Board members’ attendance to meetings scheduled on May 12 by the International Joint Commission to discuss local involvement in water level and flow management decisions. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-06 Motion by Pavleck, seconded by Hanson to approve a grant from MnDot Office of Aeronautics for the Airport Commission, State Project #3601-78, for new flush valve mechanisms for the restrooms in the Airport terminal and to authorize the Board Chair and County Attorney signatures to the grant documents on behalf of the County. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Board acknowledged a Petition for Annexation by Ordinance filed by Westfork Development Company for annexation of land to the City of International Falls described as Government Lot 2, Section 6-70-24 and the South Half of the Northwest Quarter, Section 5-70-24. The petition was sent to departments for review with no comment received to date. The County has 90 days from the date of service to serve objections on the annexation request. To date no objections from the County were identified or submitted. The Board agreed to allow the County its 90 days to submit objections in case an issue arises.

000 Commissioner Chezick as the Board’s representative on the Law Library Board stated that the Board has reorganized to better serve the needs of the Law Library and is currently working on re-establishing the library on the second floor with no cost to the County.

000 Commissioner Chezick attended the ATV Task Force meeting in St. Paul and informed the Board that the outcome of this proposal will have a great impact on use of ATVs in the County. Senator Baak argued hard for fewer restrictions in the proposal but failed in his attempts. The County needs to monitor this proposal. It was last reported that the LCMR grant for the Water Quality Coop was eliminated, however, it is back as part of the Senate’s bill so there still may be a chance for its approval. Commissioner Hanson asked the Board to support a resolution for continued state funding of the Grand Mound Interpretive Center as requested by Representative Anderson.

2003/05-07 Motion by Chezick, seconded by Hanson that the Koochiching County Board of Commissioners hereby supports continued State funding of the Grand Mound Interpretive Center located in Koochiching County as an important historical monument for the State of Minnesota. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-08 Motion by Hanson, seconded by Adee to adopt the following resolution requesting the Governor to release local bridge program bonding:

WHEREAS, the 2002 Minnesota Legislature authorized $45 million in State Bridge Bonding; and

WHEREAS, the Minnesota Governor’s Office authorized sale of $30 million in State Bridge Bonding; and

WHEREAS, the $30 million State Bridge Bonding amount will be completely used by August of 2003.

NOW, THEREFORE, BE IT RESOLVED that the Koochiching County Board of Commissioners requests the Governor to authorize the sale of an additional $15 million in State Bridge Bonding. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-09 Motion by Hanson, seconded by Chezick to award low bid to Dallco, Inc. in the amount of $472,485.74 for bridge replacement on CSAH 29 as recommended by the Highway Engineer. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

WHEREAS, the County of Koochiching has applied to the Commissioner of Transportation for a grant from the Minnesota Transportation Fund for the construction of County Bridge No. 36529 over the Rat Root River; and

WHEREAS, the amount of the grant has been determined to be $181,613.12 by reason of the lowest responsible bid.

NOW, THEREFORE, BE IT RESOLVED, that the County of Koochiching does hereby affirm that any cost of the bridge in excess of the grant will be appropriated from the funds available to the County of Koochiching and that any grant monies appropriated for the bridge but not required, based on the final estimate, shall be returned to the Minnesota State Transportation Fund. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-11 Motion by Hanson, seconded by Chezick authorizing the Highway Engineer to call for annual hired truck bids. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-12 Motion by Chezick, seconded by Pavleck to table renewal of the cleaning contract for the Courthouse and annexes until the May 13, 2003 meeting where the Complex Superintendent will be available to review the request. Voting yes: Lepper, Hanson, Chezick, Pavleck; abstaining: Adee. Motion carried.

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes Section 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire Plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below.

BE IT RESOLVED that the Board of Commissioners of Koochiching County hereby declares that the position of part time Sheriff deputy meets all of the following Police and Fire membership requirements: (1) said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and that the employee hired in the position is so licensed; (2) said position’s primary (over 50%) duty is to enforce the general criminal laws of the state; (3) said position charges this employee with the prevention and detection of crime; (4) said position gives this employee the full power of arrest; (5) said position is assigned to the Koochiching County Sheriff’s Department.

BE IT FURTHER RESOLVED that Koochiching County hereby requests that the employees hired as part time Sheriff deputies and submitted to PERA by the County be accepted as a member of the Public Employees Police and Fire Plan effective the date of the employee’s initial Police and Fire salary deduction by the County. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-14 Motion by Pavleck, seconded by Adee to approve a Domestic Preparedness Grant for the Koochiching County Sheriff Department to allow training for deputies and other first responders in the County in the amount of $16,241 with grant funds provided on a reimbursement basis. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Sheriff submitted a revised general agreement between the County Sheriff and Voyageurs National Park for emergency law enforcement and search and rescue support between the two agencies. Due to Board members concerns, wording was added with the assistance of the County Attorney stating that national park rangers are not authorized to enforce state law or conduct arrests when outside the boundaries of Voyageurs National Park unless the Koochiching County Sheriff or his/her representative is present or directing such activity. The Sheriff stated that the agreement is confined to areas within Koochiching County and not areas in and near Voyageurs National Park located in St. Louis County. The agreement proposes a five-year term. Board members expressed concern with the Park’s non-response to a mutual shared management proposal submitted by the County which addressed this type of agreement and would like a response from the Park before entering into a long term agreement such as the one presented.

2003/05-15 Motion by Hanson, seconded by Pavleck authorizing the Sheriff to enter into a General Agreement with the National Park Service for emergency law enforcement and search and rescue support between the two agencies in and near Voyageurs National Park with the boundaries of Koochiching County with an agreement term of one year from the date of County Board approval. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Sheriff submitted a request to the County Board to fill the vacant Big Falls Sheriff deputy position as the first step in the hiring process. Knowing the position of the Board from previous discussion that the request may not have Board support, he stated his obligation to submit the request to make clear his position that he supports the filling of the vacancy. He received several calls asking why he has not officially requested the position be filled (information in the newspaper stated the Sheriff has not officially requested that the position be filled). He wanted to be on record supporting the need for the position and his request to fill the position. Board members again stated their position on the position vacancy with the majority not supporting filling the position until the Board has a handle on the County budget after all state cuts are known.

2003/05-16 Motion by Pavleck, seconded by Chezick siting the hiring freeze put in place to control expenditures until the Board has the final outcome of state cuts to the County budget, to deny the request by the Sheriff to fill the Big Falls Sheriff deputy position. Voting yes: Lepper, Chezick, Pavleck; voting no: Adee, Hanson. Motion carried.

000 A member of the Hardwig House and representative from the Mental Health Advisory Council met with the Board to inform them that May is mental health month and of the activities planned in the Hardwig House to recognize this event. The Board was informed of the importance of the Hardwig House to those with mental health issues as it provides social activities, a support group, information sharing and a means to monitor the wellbeing of members. The Board recognized the importance of the Hardwig House and thanked the representatives for keeping them informed.

2003/05-17 Motion by Adee, seconded by Hanson that the Koochiching County Board supports the declaration of May as Mental Health Month to recognize the need for mental health services and to support those individuals in need of these services. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 Todd Thompson representing his family members, requested the Board to allow the family to add names to the Recreation Lease held by W.W. Thompson to allow the family to retain the lease. His grandfather purchased the first county recreation lease over fifty years ago and has been used by the family ever since. W.W. Thompson, his father, is elderly and is now the only name on the lease. Due to County policy, non-residents are not allowed to add names to the lease which will mean they will lose the lease should something happen to his father. They would like to continue the heritage and keep the lease in the family. The Land Commissioner reaffirmed that current policy does not allow non-residents to be added as leaseholders. He also informed the Board that this was submitted to the Tax Forfeited Plan Review Committee, which felt there were a number of issues to be reviewed in the Recreation Lease Program and supported a separate task force to review the program in whole. The Board was hesitant to make an exception to policy but questioned whether leaseholders should be treated differently because of residency status. The Board agreed to review this issue before deciding on the family’s request.

2003/05-18 Motion by Pavleck, seconded by Hanson directing the Land Commissioner to seek a legal opinion from the County Attorney as to whether the County can treat recreational leaseholders differently due to residency status and report back to the Board. Motion further directs the Land Commissioner to keep the Thompson family informed of the review status and when the Board will make a decision on their request to add family names to the lease. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-19 Motion by Hanson, seconded by Adee allowing a one year extension per policy for Timber Tract K2043 held by Gary Rasmussen of Rasmussen Logging and Timber Tract K1088 held by Michael Rieger, Riegers Logging as recommended by the Land Commissioner. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-20 Motion by Hanson, seconded by Pavleck authorizing the Board Chair’s signature to the annual General Notice to Destroy Noxious Weeds as presented by the Land Commissioner. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-21 Motion by Pavleck, seconded by Adee to table the request by the Land Commissioner to hire a summer weed inspector and summer forestry technician. Voting yes: Lepper, Adee, Chezick, Pavleck; voting no: Hanson. Motion carried.

000 The Board Chair called for public comment at 11:45 a.m. Don Clauson addressed the Board with a letter summarizing what has transpired since he last came to the Board with his request to have the Highway Department clean rock and gravel from the ditch on County Road 77 to allow the ditch and culverts to work. To date no work has been done to rectify the drainage problem. The Board Chair deferred the letter to the next Board meeting in which the Highway Engineer is present to address the matter and provide a response. With no other comment the Board Chair closed public comment at 11:50 a.m.

000 The Board Chair closed session at 1:31 p.m. to confer with legal counsel on the pending Gold Shores Eminent Domain Litigation. Present were the full County Board, the County Attorney, the County Coordinator, the Highway Engineer and Attorney Joe Langel assisting the County Attorney in the case via conference phone. The Board Chair opened session at 1:52 p.m.

2003/05-22 Motion by Hanson, seconded by Pavleck to add an employment separation approval to the agenda. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-23 Motion by Chezick, seconded by Adee approving the employment separation of Shirley Merkling as of May 1, 2003 (previously notified but no Board action taken). Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-24 Motion by Hanson, seconded by Adee to adjourn the meeting at 2:00 p.m. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.