REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, May 20, 2003; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Einar Sundin, Duane Nelson, Doug Grindall, Dennis Hummitzsch, Richard Lehtinen, Raoul Lufbery, Bob Peterson; Susan Congrave, Nancy McHarg, Diane Forberg, Maggie McBride, Della Warren, Falls High School Students representing Peer Helpers, SAD and Student Council, Melissa Fuller; Reporters Laurel Beager, Roger Jerome and Jen O’Reily

2003/05-38 Motion by Adee, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-39 Motion by Adee, seconded by Hanson to approve the minutes of the May 13, 2003 special meeting with correction. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-40 Motion by Pavleck, seconded by Adee to approve a third series Domestic Preparedness Grant for the purchase of necessary HazMat equipment in the amount of $7,544.00 with a local match of $2,515.00 to be split between Koochiching County and the City of International Falls with the County’s share to be found within funds allocated to the Sheriff’s Department for 2003. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-41 Motion by Chezick, seconded by Pavleck authorizing Board Chair’s signature to the Auditor’s March vendor payment listing verifying its review. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-42 Motion by Pavleck, seconded by Hanson to adopt the following resolution for the application of Budget FY 2004 IRRRB funds:

WHEREAS, the County of Koochiching (hereafter the “Applicant”) is a governmental subdivision, organized and operating under the laws of the State of Minnesota; and

WHEREAS, the Applicant has a need for a grant to assist with economic development authorities as permitted under Laws of Minnesota for 1987, Chapter 182; and

WHEREAS, the Applicant is submitting its request for application to the IRRRB for Budget FY 2004 grant funds.

NOW, THEREFORE BE IT RESOLVED, that the Applicant’s organization hereby authorizes and approves making application to the IRRRB for FY 2004 funds to assist in economic development.

BE IT FURTHER RESOLVED, that the Applicant’s Board Chair and County Coordinator are hereby authorized and directed to sign and submit application for the said grant monies and all applicable contracts, documents and agreements associated with the grant or the application for it. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-43 Motion by Chezick, seconded by Pavleck directing the creation of a committee of two Board members (to be appointed by the Board Chair) to meet with the City of International Falls to discuss benefits of consolidating or sharing services and that before a meeting is set with the City, to set committee time with the Board to formulate a list of services the County feels would be beneficial to consolidate or share. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 Commissioner Pavleck reported on the outcome of the International Joint Commission meeting on May 12 in which discussion was held on local involvement in water level and flow management decisions. It was proposed at the meeting to expand the Rainy Lake Board of Control by two members and to create a sub-committee of interested citizens to advise on level and flow management. It became apparent at the meeting that those with business and personal interests want to serve on the committee. The Rainy Lake Board of Control makes the flow and level management decisions within the parameters of the rule curve. The exact role of the advisory committee was not clear. The County Board following discussion on the issue supported having County Board members from St. Louis, Koochiching and Lake of the Woods Counties serve on the Rainy Lake Board of Control as it is their elected duty to represent all the interests of their county and feel the public’s interest would be better served through their elected representative rather than trying to create a sub-committee to represent the many interests.

2003/05-44 Motion by Chezick, seconded by Pavleck directing the Board Chair to send a letter to the International Joint Commission with their request to appoint a County Board member from St. Louis, Koochiching and Lake of the Woods County to serve on the Rainy Lake Board of Control to represent local interest and concern on water level and flow decisions. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 Board members discussed a resolution request from U.S. Representative Oberstar that would support an increase in the Federal Highway Users Tax. Board members expressed concern with Koochiching County solely supporting a tax increase and felt that the support would better come from a County organization. The Board stated their appreciation for the federal transportation funding received for projects in Koochiching County and the continued support of Representative Oberstar, however, were uncomfortable supporting a tax increase. The Board agreed to pass the resolution with copies sent to county organizations such as ACA and AMC to leverage broader county support.

2003/05-45 Motion by Hanson, seconded by Adee that the Koochiching County Board of Commissioners hereby support an increase in the Federal Highway Users Fee. Voting yes: Lepper, Adee, Hanson, Chezick; voting no: Pavleck. Motion carried.

2003/05-46 Motion by Chezick, seconded by Hanson authorizing payment of $500.00 for membership in the State of Minnesota Cooperative Purchasing Venture for the purpose of receiving state bids. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-47 Motion by Chezick, seconded by Adee to set a meet and confer meeting with the Highway Union to discuss the contracting of inspection work for Tuesday, June 3, 2003 at 1:30 p.m. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-48 Motion by Hanson, seconded by Pavleck to accept the offer from the MN Department of Transportation to purchase land in the SE ¼ of the SE ¼, NE ¼ of the SE ¼ and SE ¼ of the NE ¼ of Section 25, T151N, R25W for right of way expansion (30 foot strip along and west of their existing right of way on the west side of Highway 6 south of Highway 6 and Highway 1 junction near Itasca County line) in the amount of $2,000.00 and further to execute a government subdivision fee title acquisition as allowed under law. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-49 Motion by Pavleck, seconded by Hanson to adopt the following resolution for the 2003 public auction of tax forfeited lands:

WHEREAS, certain parcels of 1and in Koochiching County have forfeited to the State for non-payment of taxes and it appears desirable that pursuant to the Provisions of Minnesota Statues, Chapter 282., said lands be classified and that certain of said lands be offered for sale, and

WHEREAS, said County Board, for the purpose of sale has examined said property and determined to classify lands hereinafter referred to as non--conservation lands, and

NOW, THEREFORE, BE IT RESOLVED by the County Board of Koochiching County that lands described in a list approved by members of the said County Board and filed with the County Auditor, are hereby classified as non-conservation and offered for sale subject to the Provisions of Section 282.01, Minnesota Statutes of 1982, and further certify that all parcels on the list comply with the provisions of M.S. 40.46, 85.012, 92.461, 103F.535, 282.018 and other statutes that withhold tax forfeit lands from sale or require conservation easements.

THEREFORE, BE IT RESOLVED that the Koochiching County Board of Commissioners hereby certifies that all parcels of land have been viewed and comply with the provisions of M.S. 282.018 and the 1991 Laws of Minnesota Ch. 354, Art. 10, Section 9, amending M.S. Sec. 282.018, Subd. 2 (1990). The County Board of Commissioners hereby certifies that the County Land Commissioner has reviewed the filed land sale list and identified any and all nonforested marginal land and wetland.

BE IT FURTHER RESOLVED that the said parcels of land are hereby appraised at the value set opposite each parcel and filed with the County Auditor.

BE IT FURTHER RESOLVED that if the land is sold on terms that the terms of sale shall be as follows, to-wit: That all sales amounting to $500.00 or less shall be paid in cash at the time of purchase; that on all sales amounting to more than $500.00, the purchaser shall pay twenty percent (20%) of the purchase price of the land and building value at the time of purchase, with the remaining balance due within thirty (30) days of the sale. Full payment will be required before any timber can be removed.

BE IT FURTHER RESOLVED that any buildings or improvements now on any tract purchased or which hereafter be erected, placed or made thereon, shall be and remain the property of the State of Minnesota until the purchaser has paid for the property in full.

BE IT FURTHER RESOLVED that said purchaser shall not be delinquent in any Koochiching County Auditor's Certificate of Purchase of Tax Forfeited Lands under Minnesota Statutes, Section 282.01.

BE IT FURTHER RESOLVED that the responsibility for determining boundary lines of parcels purchased rest with the purchaser.

BE IT FURTHER RESOLVED that all sales are subject to the various county and municipal zoning ordinances; any existing easements or right of way; and any deed restrictions so imposed and noted at the time of sale.

BE IT FURTHER RESOLVED that all provisions relative to sales on deferred payments as provided by State Law shall also apply.

BE IT FURTHER RESOLVED that bid raises shall be made on a percentage basis of the appraised value of the land, timber and buildings, with no increased bids being accepted of less than increments of five percent (5%) of the appraised value. Bid raises do not apply to any special assessments that may be listed.

BE IT FURTHER RESOLVED that certain parcels of tax forfeited land located within the list forfeited with unpaid special assessments for improvements. These special assessments were cancelled at the time of forfeiture. Upon the sale of this land, an assessment schedule may be established for payment of a portion or all of the unpaid special assessments.

BE IT FURTHER RESOLVED that notice of sale of such lands be given by publication in the official newspaper of the County as provided by law, and that the County Auditor of Koochiching County offer such parcels for sale in the order in which they appear in such notice of sale and that such sales be to the highest bidder for not less than the appraised value and shall continue until all such parcels are sold or the County Board orders a reappraisal. A sale date and time will be determined at a later time and included in said publication.

BE IT FURTHER RESOLVED that three percent (3%) of the total sale price will be cash at the time of the sale for the Minnesota Tax-forfeited Real Estate Account. Pursuant to Minnesota Laws of 1969, Chapter 373, Subdivision 6, and acts amendatory thereto.

BE IT FURTHER RESOLVED, Minnesota Statutes 282.014, Section 3 imposes a $25.00 fee upon purchasers of tax forfeited land for issuance of a State Deed.

BE IT FURTHER RESOLVED, as required by Minnesota Statutes 282.01, Subdivision 6, all State Tax Deeds must be recorded with the County Recorder prior to issuing the Deed to the purchaser, therefore a recording fee of $20.00 for each State Deed issued must be paid to the Koochiching County Recorder by the purchaser when tax forfeited land is paid for in full.

BE IT FURTHER RESOLVED, as required by Minnesota Statutes 287.22, all State Tax Deeds are subject to State Deed Tax which must be paid by the purchaser.

BE IT FURTHER RESOLVED, that except in the case of deeds issued for platted property and deeds issued to correct errors in either legal description or grantees, the deeds issued for these parcels will contain a restrictive covenant which will prohibit enrollment of the land in a State Funded program providing compensation of marginal land or wetlands.

BE IT FURTHER RESOLVED that any of the said lands or lots are subject to withdrawal from sale by the County Board or County Auditor when it appears to be the public's interest to do so, and the County Auditor reserves the right to reject any or all bids. Action is pending on approval of County municipalities as authorized by Statute. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-50 Motion by Pavleck, seconded by Hanson to accept the employment separation of Forester Tim Probst on June 1, 2003. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-51 Motion by Pavleck, seconded by Adee to approve a Conditional Use Permit #0303 to Randy Barstad to construct a church on County Road 1 as recommended by the Planning Commission. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-52 Motion by Pavleck, seconded by Chezick authorizing the Environmental Service Director to seek bids for a new bobcat for the transfer station (equipment budgeted for 2003). Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-53 Motion by Hanson, seconded by Pavleck to approve a service contract amendment with Ayres Associates in the amount of $24,000 to add design to the original Jackfish Bay Sewer Project plans and specification for potential impacts identified in the EAW and EA processes for the project. Payment to come from the 2003 Environmental Service Budget (reimbursement pending from reserved Environmental Trust Dollars for the Project). Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 A group of students from the Falls High School representing Peer Helpers, SAD and Student Council gave a presentation on the dangers of second hand smoke and its impact to non-smokers in the workplace, specifically restaurants, and requested that the County adopt a county-wide smoke free restaurants ordinance. The group previously approached the City of International Falls and their position was they would be willing to look at such an ordinance if it was county wide. The Board asked what processes other governmental units used to implement this law. It was stated that Duluth used a referendum process to decide while others used ordinance procedures. It was noted that Fort Frances has now made their restaurants smoke free. When asked if counties have instituted a smoke free restaurant ordinance, it was stated that it has been mostly cities but some counties have also done it. It was also stated that a county wide second hand smoke survey is being conducted at this time with results available in June (UOM assisting with survey). In summary exposing workers and customers to second hand smoke in restaurants is a health issue as smoking sections do not contain the smell and smoke. The Board was understanding to the situation but stated that this undertaking would take more study and input before they were willing to take a position. Businesses have the choice now to go smoke free as well as municipalities. The Board is willing to look at the issue but in light of budget concerns at this time, will consider it at a later date. The Board thanked the students for their presentation and for taking a stand on this important health issue.

000 The Board Chair called for public comment at 11:35 a.m. Melissa Fuller addressed the Board with her support for a county wide smoke free restaurant ordinance as non-smokers are unfairly exposed to smell and smoke in the restaurants and limits their choice of restaurants. In addition, non-smoking sections always have a waiting line where smoking sections do not which tells her there are more non-smokers than smokers. With no other comment, the Board Chair closed public comment.

2003/05-54 Motion by Chezick, seconded by Hanson to add payment of community celebration contributions to the agenda at the request of the Coordinator. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Coordinator informed the Board that requests for Memorial Day contributions are starting to come in and that soon requests for Fourth of July contributions will come and requested direction from the Board whether the annual contributions should be paid as allowed by Board policy or hold due to budget constraints. The Board agreed to allow the Memorial Day contributions as the holiday is next week and to further discuss the contribution budget in the next budget session.

2003/05-55 Motion by Chezick, seconded by Adee to authorize payment of the set contribution for Memorial Day community events per Board policy for 2003. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/05-56 Motion by Hanson, seconded by Adee to adjourn the meeting at 11:50 a.m. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.