REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, October 7, 2003; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Susan Congrave, Dennis Hummitzsch, Richard Lehtinen, Keith Knaeble, Terry Murray, Steve Kluess, Doug Grindall, Tom Doyle, Bob Peterson, J.J. Hasbargen; Reporters Laurel Beager, Jen O’Reily and Roger Jerome

2003/10-01 Motion by Adee, seconded by Hanson to approve the agenda with additions and deletions. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/10-02 Motion by Hanson, seconded by Adee to approve the minutes of the September 23, 2003 special meeting. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/10-03 Motion by Chezick, seconded by Adee to approve payment of the Auditor’s bills in the amount of $63,118.88, to approve payment of the monthly County Board Expenditure Claims in the amount of $8,247.63, to approve payment of the September Board of Prisoners Claim in the amount of $2,478.00 and authorizing Board Chair’s signature to the Auditor’s August vendor payment listing verifying its review. Payment detail on file in the Auditor’s Office. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/10-04 Motion by Hanson, seconded by Chezick approving the publication of the 2002 Financial Statement as presented and recommended by the Assistant Auditor with publication pending final approval of the 2002 audit by the State Auditor. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/10-05 Motion by Hanson, seconded by Adee acknowledging the minutes from the Professional Advisory Committee meeting of September 2, 2003. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/10-06 Motion by Hanson, seconded by Adee authorizing Public Health to expend up to $3,000 for office furniture/equipment for establishing the WIC Program in the Department with WIC Grant dollars to pay all but $500, which will be paid from the 2003 Public Health Budget. Voting yes: Lepper, Adee, Hanson, Chezick; absent for vote: Pavleck. Motion carried.

000 The Land Commissioner informed the Board that of the 72 tracts of land presented at the September 18, 2003 land auction, 48 sold at the auction and 4 tracts sold after, resulting in a sale value of $270,919. About 75 bidders were present at the auction. In answering a question on policy, the Land Commissioner stated that the successful bidder is required to pay a down payment with full payment in 30 days. Unsold tracts remain for sale until withdrawn. The Land Commissioner provided an estimate of timber and land sale receipt revenues for the 2004 budget, which are projected higher than what were received in 2003 but the estimate is weather and market dependent.

2003/10-07 Motion by Chezick, seconded by Pavleck authorizing placement of delinquent commercial solid waste service fees plus a ten percent penalty on the 2004 tax statements for collection. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 Due to safety concerns, the Board was presented a request to discontinue accepting glass from curbside pick-up and recycling trailers located throughout the County with glass still accepted at the Transfer Station. STS has made this request due to the number of crewmembers being injured by handling the glass in spite of protective equipment. The glass taken by the County is ground and used for roadbed so reduces the County’s landfill cost. Reducing glass recycling is anticipated to increase the County’s landfill cost because people will not want to make a trip to the Transfer Station to recycle their glass. The STS crew leader stated that most glass is coming from the businesses, not the general public. Commissioner Chezick looked into this and stated that only about 5 yards of material is produced from the crushing of the glass and the County’s commitment in resources and cost to produce this little bit of material is high. Commissioner Pavleck was concerned that discontinuing the glass may hurt the SCORE funding, as it requires a certain percent of product types to be recycled. The STS crew leader stated that what the County does not take in glass will open another container in the recycling bins which will be filled to capacity with plastic and paper. Any decrease in glass recycling will be made up in taking more plastic. Commissioner Pavleck stated that recycling is not just about making money. It is about educating and protecting the environment. The STS leader agreed but stated the glass is not packaged and shipped, it is put into the ground anyway. The Board agreed that the risk of injuries and service cost outweighs the benefit of recycling the glass.

2003/10-08 Motion by Chezick, seconded by Pavleck authorizing the Environmental Service Department to discontinue accepting glass from curbside pick-up and recycling trailers located throughout the County provided it does not endanger the County’s SCORE funding and that sufficient notice is given to the public. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/10-09 Motion by Hanson, seconded by Adee to approve the 2004-2005 Biennial Service Agreement for the MN Family Investment Program and the Children and Community Services Act as recommended by the Community Service Director. Voting yes: Lepper, Adee, Hanson, Pavleck; absent for vote: Chezick. Motion carried.

2003/10-10 Motion by Pavleck, seconded by Adee to approve service agreements with School District 361 for two social workers, School District 362 for one social worker and School District 363 for one social worker as recommended by the Community Service Director. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Community Service Director informed the Board that Jennifer Heppner was appointed to the vacant financial worker position with placement pending a union grievance.

2003/10-11 Motion by Pavleck, seconded by Adee authorizing the Community Service Director to post for a case aide position due to the appointment of the financial worker. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 Commissioner Pavleck informed the Board that KEDA has put together a framework plan and budget for the proposed Casino Project. In doing so, it was found that an EIS will be required as a Casino is a federal project and they are looking to do soil boring and wetland impact work before freeze up to prepare for the EIS. At this time it is anticipated that local government would cover the EIS, acquire the property, and provide for sewer infrastructure on the property and thereafter, would be the responsibility of the developer. To make this commercial development site marketable in any case would require sewer infrastructure. A meeting is scheduled with the City of International Falls next week to review the project. It was suggested to contact the MN Department of Trade and Economic Development to see if there are financial resources available for the project. Due to questions raised on extending sewer to the site, Board members would like to provide input at the time sewer is being considered for the site. Commissioner Pavleck stated that the project would be on the October 14, 2003 K D A agenda for further update and request for support. In closing, Commissioner Pavleck referenced information provided to the Board showing that tribal gaming facilities do pay their share of taxes.

000 Laurentian RC&D Director updated the Board on current projects for Koochiching County. The mission of the Council is to develop and promote economic development, human, and natural resources through cooperative efforts. Commissioners Hanson and Adee, serving as the County’s representative on the Council, stated that the benefits received from this service for Koochiching County are many and positive, and the projects completed or pending for the County were listed. The Board thanked the Director for the update and for the service to the County.

000 Tom Doyle from Diamond Mowers made a request to the Board to amend the bid award for the mower/tractor for the Highway Department due to a change in policy by John Deere Corporate on provision of government discounts. Diamond Mowers was awarded the low bid in June, 2003, which included their mower and a John Deere Tractor from Northwood Equipment, Inc. The bid price included a government discount on the tractor. In August 2003 John Deere Corporate changed their policy in how they provide the government discount, requiring that payment be made to a John Deere Dealer for the discount to apply. Since the bid was awarded to Diamond Mower, the discount will not be provided unless the bid also shows Northwood Equipment, Inc. In reviewing the County Board’s options, they can hold the awarded bidder to the bid, reject the bid and take the next lower bid or if supported by legal counsel, amend the bid award as requested. Per legal counsel, amending the bid to add another name is a material change creating room for argument should another bidder want to challenge it. On the other hand, the change in corporate policy after the fact is a defensible position as to why the County would amend the bid. The amount does not change for the County which is the lowest cost and therefore in the best interest of the County. The next lowest bid would cost the County $2,000 more. Mr. Doyle stated that another county in Iowa went through this same deal and they approved payment to both the mower and tractor vendors to allow the discount to be provided. Mr. Doyle would also provide written documentation to verify the change in John Deere Policy after the bid award and how the Iowa County handled the change.

2003/10-12 Motion by Hanson, seconded by Pavleck to amend Board Motion 2003/06-27 awarding the low bid for the Highway Department mower and tractor to Diamond Mowers, Inc. and Northwood Equipment, Inc. as joint bidder with no other change to the bid contingent on documentation provided by the vendor verifying that Northwood Equipment, Inc. was the original John Deere vendor when the mower/tractor bid was awarded, verification of the change in corporate policy on government discounts after the bid award and other documentation to support this change. The County Attorney must submit final approval before such change and bid payment is made. Voting yes: Lepper, Adee, Hanson, Pavleck; voting no: Chezick. Motion carried.

000 The Board Chair called for public comment at 11:50 a.m. No comment was provided.

000 Commissioner Chezick stated that LCMR is starting their project application process and requested the County resubmit its application for the Water Quality Cooperative for the County. He stated that even with the budget crisis at the last legislative session, the County’s application held strong until the very end and was finally cut do to the State pulling the LCMR funding to balance the budget.

2003/10-13 Motion by Hanson, seconded by Pavleck to resubmit the LCMR grant application for the Koochiching County Water Quality Cooperative and authorizing Commissioner Chezick to represent the Board on the project. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/10-14 Motion by Pavleck, seconded by Adee to adjourn the meeting at 11:55 a.m. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.