SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD
Held on Tuesday, August 12, 2003; 10:22 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Terry Murray, Richard Lehtinen, Doug Grindall, Dennis Hummitzsch, Len Kucera, Duane Nelson, John Kalstad, Jim Kennedy, Gary Harms, Michael Lee, Jan McClanahan; Reporters Roger Jerome, Laurel Beager and B93 Radio Station Reporter

2003/08-01 Motion by Hanson, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-02 Motion by Adee, seconded by Pavleck to approve the minutes of the July 22, 2003 special meeting with correction. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-03 Motion by Pavleck, seconded by Adee approving the employment separation of Home Health Aide Joan Holt as of July 22, 2003. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-04 Motion by Pavleck, seconded by Adee to approve payment of the Auditor bills in the amount of $53,403.75, to approve payment of the July Board of Prisoners claim in the amount of $2,401.00, to approve payment of the County Board monthly expense claims in the amount of $4,926.42, to approve payment to Johnson, Killen and Seiler, P.A. in the amount of $308.00 for personnel legal services, to authorize Board Chair’s signature to the Auditor’s July Vendor Payment listing verifying its review. Payment detail available in the Auditor’s Office. Further, to approve payment of the Highway bills in the amount of $43,472.31 with payment detail available in the Highway Department. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-05 Motion by Chezick, seconded by Pavleck accepting the recommendation of the Assessor to grant an abatement to Jacqueline Woods, Parcel #92-07-60230, for value reduction, to approve a two-day On Sale 3.2% Malt Liquor License for the Nelson Invitational Softball Tournament on August 16 and 17, 2003 as recommended by the Licensing Committee, and to accept the recommendation of the Convention and Visitors Bureau to appoint Mike Katrin to their Board of Directors. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-06 Motion by Adee, seconded by Pavleck acknowledging a donation of $37,500 from TruStar Federal Credit Union for the County’s Veterans Memorial and authorizing the Board Chair to send a thank you letter for their contribution. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-07 Motion by Pavleck, seconded by Adee to renew a Non-Financial Service Agreement with Northeast Entrepreneur Fund, Inc. as recommended by the Community Service Director and upon review by the County Attorney. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-08 Motion by Pavleck, seconded by Adee to renew the AEOA Advocate Service Agreement, the AEOA Employment and Training Service Agreement and the NEMOJT Employment and Training Service Agreement (revised due to reduced funding) as recommended by the Community Service Director and upon review by the County Attorney. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-09 Motion by Chezick, seconded by Adee to approve a one-year (reduced from the two-year request) contract for tire disposal with Earl Boyum (only licensed contractor at this time) to dispose of tires taken to the Transfer Station and directing the Environmental Service Department to solicit bids in the future as an incentive for others to become licensed. Voting yes: Pavleck, Lepper, Adee, Hanson, Chezick. Motion carried.

000 The Environmental Service Director reviewed the draft Rainy River Basin Plan which is out for public comment by the MPCA through August 30, 2003. The Plan was an initiative of the State. The Rainy River Basin Plan had much citizen involvement through the local committee process. Commissioner Lepper, representing the Board in this planning process, stated that NCLUCB has requested a ninety-day extension on the comment period due to the volume of the document. The plan is segmented as follows: pages 1 through 32 gives the basin-wide perspective, pages 32-82 provide the perspective of the various local committees and the final pages provide recommendations. Commissioner Lepper stated the planning process did give the opportunity to see what others are doing in the basin but there was a lot of skepticism on the Plan’s intent. It is our understanding that this basin plan is a guide to compliment local plans but not controlling. Commissioner Pavleck asked if Canada was involved in this planning process, as they are a big part of the basin. The Director stated that Canada was marginally involved. The Board questioned a Rainy River Basin Plan when such a large player was left out of the planning.

2003/08-10 Motion by Hanson, seconded by Pavleck to submit a letter to the MPCA to extend the comment period on the draft Rainy River Basin Plan for ninety-days due to the volume of the document. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-11 Motion by Pavleck, seconded by Hanson to adopt the following resolution for CSAH 138 designation:

To revoke as County State Aid Highway No. 138, beginning at a point on State Highway No. 11 a distance (measured along the centerline of said State Highway No. 11) of 300 feet east of the north-south quarter line of Section 31, Township 71 North, Range 22 West, thence northeasterly to a point 262.4 feet south of the northeast corner of said Section 31, thence along the established centerline of Gold Shores Drive (CSAH 138) and terminating at the westerly intersection of Gold Shores Boulevard and Bay Boulevard, length 2.3 miles.

To designate as County State Aid Highway No. 138, beginning at a point on Trunk Highway No. 11, said point being approximately 690 feet south southeast of the center of Section 31, Township 71 North, Range 22 West, thence northeasterly along the established centerline of the public road described as follows: from said point of beginning extending northeasterly approximately 2,910 feet to the junction of Unorganized Township Road No. 489 (Monahan Road); thence continuing northeasterly and then easterly approximately 3,555 feet; thence northerly approximately 500 feet; thence continuing westerly and then southwesterly approximately 2,718 feet to a point of 220 feet south of the northwest corner of Section 32, Township 71 North, Range 22 West and there terminating, length 1.83 miles.

Be it further resolved that 0.5 mile difference between the former County State Aid Highway No. 138 and existing County State Aid Highway No. 138 be banked for future use by Koochiching County as a County State Aid Highway. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-12 Motion by Pavleck, seconded by Adee accepting the recommendation of the Highway Engineer to award low bids as follows: 2004 one-half ton two-wheel drive pickup to Sheridan Motors in the amount of $15,375, tandem axle dump truck with plow, wing and sander to Skubic Brothers International in the amount of $97,607 and two twenty-ton lowboy trailers to Nortrax Equipment in the amount of $23,530. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-13 Motion by Hanson, seconded by Chezick to adopt the following resolution in support of legislation on the right to practice forestry:

WHEREAS, the practice of forestry is extremely important to the economy, environment, high-quality scenery, diversity of wildlife, and quality of water in lakes and streams in this state, and

WHEREAS, the proper use of forest resources is an inherent element in the viability and sustainability of communities located in forestland, and

WHEREAS, the availability of forest resources is critical for supporting quality health facilities, quality educational systems, and employment for residents choosing to live on forest land or in forest land communities, and

WHEREAS, prescriptive management of forestland through proactive quality land stewardship programs utilizing combined biophysical information and silvicultural principles and practices is necessary for the establishment of new forest crops, tending existing and new forest crops and removal of wood fiber, and

WHEREAS, the inherent quality of forestland and related resources must be sustained for its residents, and

WHEREAS, the protection of private property rights is an integral part of the right to practice forestry.

NOW, THEREFORE BE IT RESOLVED, that the Koochiching County Board of Commissioners supports the passage of SF1092, "The Right to Practice Forestry Act. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Land Commissioner provided the Board a resolution from the City of International Falls approving the list of properties for the County Land Sale with exception of tracts #28, 29, 35, 36, 37, 39, 49, 52 and 53. In addition, the Board was provided a letter from the MN Department of Natural Resources recommending the County retain tracts # 3, 4, 5 and 6 for favorable non-ferrous mineral potential. Commissioner Chezick raised concern with the selling of substandard lots on public auction as would like to see adjacent owners given the opportunity to purchase the lots and eliminate sub-standard lots in the City. Commissioner Hanson stated that the tracts recommended by the DNR to withdraw from sale are surrounded by private land so if mineral exploration occurs in the area, they have to deal with the private landowners now so he does not support this reason for withdrawing the tracts from the sale.

2003/08-14 Motion by Pavleck, seconded by Adee to approve the County Land Sale List with removal of the tracts and with contingencies designated by the City of International Falls Resolution #47-03 and not accepting the recommendation of the DNR to remove tracts 3, 4, 5, and 6. Motion further sets the Land Sale Auction for September 18, 2003 at 6:30 p.m. with list subject to revision up to the date of sale. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-15 Motion by Pavleck, seconded by Chezick to approve payment of $2,200 ($1,000 for land value difference and $1,200 for one-half of the appraisal cost) from the Land and Forestry Budget to complete the land exchange between the State and County for the Pine Island Peat Development Project with reimbursement of cost from the Koochiching Development Authority – Peat Project Budget. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-16 Motion by Chezick, seconded by Adee to authorize the Land Commissioner to fill one of the two vacant forester positions using the DNR In Lieu dollars allocated to the Land and Forestry Department to cover a portion of the cost as previously established in the Department Budget. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:55 a.m. Len Kucera, representing the Kucera Trust Fund, requested clarification on the Board’s July 22, 2003 action whereas they tabled the recommendation of the Planning Commission to deny his re-zoning application to allow him more time to present information as he understood the information would come back to the Board for consideration. He is looking to rezone the property to commercial to gain income off billboard advertising. The Board directed Mr. Kucera back to the Planning Commission to present new information and reconsideration of his application. Mr. Kucera requested his district commissioner’s attendance at the meeting. With no other comment, the Board Chair closed public comment at 12:08 p.m.

000 The Sheriff informed the Board that on February 28, 2003 five snowmobilers went through the ice near Ranier and it was due to the actions of County Deputies John Kalstad and Jim Kennedy, Trooper Gary Harms, IFPD Officer Michael Lee, civilian Murray Gushulak and the Canadian OPP that saved the lives of these five individuals. It was a life-threatening situation for both the victims and the rescuers. The Sheriff was very proud of these individuals and presented them with the Minnesota Sheriff Association Life Saving Award. The County Board then commended these individuals for their service. Absent for the presentation was civilian Murray Gushulak. The Sheriff stated that in talking with the Canadian OPP, he was informed their officers involved in the rescue were also recognized for their actions in the rescue of these individuals.

2003/08-17 Motion by Hanson, seconded by Adee authorizing the Board Chair to send a letter to the Canadian OPP recognizing their assistance in the rescue of five snowmobilers on February 28, 2003 and sending the County’s sincere appreciation. Voting yes: Lepper, Adee, Hanson, Pavleck; absent for vote: Chezick. Motion carried.

2003/08-18 Motion by Hanson, seconded by Adee that Koochiching County enter into a Grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Emergency Management Performance Grant Assistance Program for FY 2003. Be it further resolved that Koochiching County Sheriff Duane Nelson be authorized to execute and sign such Grant Agreements and amendments as are necessary to implement the project on behalf of Koochiching County. Voting yes: Lepper, Adee, Hanson, Pavleck; absent for vote: Chezick. Motion carried.

000 The Board reviewed the County’s Emergency Operation Plan which is required for FEMA assistance and which is subject to review every four years per law. The Sheriff stated that the plan is now on computer so that information can be updated when notified of changes. The plan serves as a guide to seek information and contacts for handling emergency events likely to occur in the County.

2003/08-19 Motion by Pavleck, seconded by Adee authorizing the Board Chair’s signature to an authorization form verifying review of the Local Emergency Operation Plan. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-20 Motion by Hanson, seconded by Chezick to add to the agenda and approve as Board activities the attendance to the MN Pro/Am Bass Tournament Rules Meeting and Dinner and the Open House of the newly remodeled Falls Public Library as requested by the organizations hosting these events. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-21 Motion by Pavleck, seconded by Hanson authorizing the Board Chair and Auditor’s signatures to the MN Trail Assistance Program Snowmobile/Cross-Country Ski Traditional Grant Agreement for the purpose of facilitating a transfer of $28,150 for the existing Hagerman, Voyageur West and Lowman Snowmobile Trails and $28,000 for the existing Caldwell Brook, Blue Ox and Lunstrom Snowmobile Trails from the State Program to the respective snowmobile clubs. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-22 Motion by Adee, seconded by Chezick 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 federally funded airport improvement projects, the Municipality does hereby appoint and designate the Commissioner of Transportation of the State of Minnesota as its agent, and authorizes the Commissioner or the Commissioner’s duly authorized representative:
1. To prepare and submit the Application for Federal Assistance to the Federal Aviation Administration (FAA).
2. To accept, receive, receipt for, and disburse any monies, either public or private, on behalf of the Municipality, including money received from the United States or from the State of Minnesota, 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 in accordance with federal laws, rules, and regulations and applicable laws of this state.

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

2003/08-23 Motion by Hanson, seconded by Adee authorizing the following internal 2003 County Budget adjustment: transfer a budget amount of $4,500 to 01-063.6343 due to funding shortage in the Photocopy Budget and transfer a budget amount of $2,000 to 01-090.6450 due to shortfall from in the Attorney’s Budget from the 2003 Administration Project Budget 01-030-010-0171.6379. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-24 Motion by Hanson, seconded by Chezick directing the County Auditor to establish the taxing district in accordance with the County resolution establishing Koochiching County as a member of a joint power for establishing and servicing the Blackduck Ambulance, which provides ambulance service to the County. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-25 Motion by Adee, seconded by Pavleck directing the Environmental Service Director to provide a full-time staff equivalent immediately at the transfer station from current staffing for five days a week for the summer season and until such time as an alternative plan is approved by the Board. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/08-26 Motion by Adee, seconded by Chezick to adjourn the meeting at 4:00 p.m. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.