Koochiching County Board Minutes 11-4-03

Board Minutes

for

November 4, 2003

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, November 4, 2003; 9:30 a.m.

OTHERS ATTENDING: Einar Sundin, Terry Murray, Bob Peterson, Ann Scholler, Doug Grindall; Reporters Laurel Beager, Roger Jerome and Jen O’Reily

2003/11-01 Motion by Adee, seconded by Chezick to approve the agenda with additions and deletions. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-02 Motion by Hanson, seconded by Adee to approve the minutes of the October 28, 2003 special meeting with correction. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Board was informed that Vicki Giauque was hired as County Appraiser with a starting date of November 10, 2003.

2003/11-03 Motion by Pavleck, seconded by Adee to set the County Board’s salary of $13,315 and the daily per diem rate of $125.00 for the year 2004 (no change from 2003) and approve the 2004 Per Diem and Expense Policy. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-04 Motion by Chezick, seconded by Adee to approve payment of the Auditor bills in the amount of $80,608.99, to approve payment of the County Board’s monthly expense claims in the amount of $8,108.62 and to approve payment of the October Board of Prisoner Claim in the amount of $2,710.00. Payment detail on file in the Auditor’s Office. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 Commissioner Hanson talked with commissioners from Lake of the Woods, Roseau and Marshall Counties as well as members of the Joint Powers Natural Resources Board who shared the same concerns with the new OHV/ATV Legislation. It is his understanding in talking with Arctic Cat and Polaris that the DNR has agreed to carry some form of law change to the legislature next year. Also Representative Anderson has stated his support for law change. Commissioner Hanson stated there are 8 types of wetlands. The OHV/ATV Legislation impacts 5 types of wetlands, which impacts 1,100,000 acres in Koochiching County. Also without access to property, there is potential for a decrease in property value. This is a land use issue more than an ATV issue and needs to be dealt with. Commissioner Lepper and Chezick stated that Arrowhead Counties Association is willing and waiting to take an active stance to support its members with legislation change and have begun to form a position.

2003/11-05 Motion by Hanson, seconded by Chezick that the Koochiching County Board respectfully requests the Minnesota Governor and DNR Commissioner to temporarily halt the designation of trails under the new OHV Legislation to allow further review of impact in the next legislative session and to support change in the legislation to remove restrictions of OHV/ATV usage on private land, to allow usage on frozen ground and to allow access to private and public lands. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-06 Motion by Pavleck, seconded by Hanson authorizing the Board Chair to request a meeting with the Governor to discuss critical issues (Casino Project and OHV Legislation) to Koochiching County prior to the beginning of the 2004 legislative session. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-07 Motion by Pavleck, seconded by Adee to approve a Memorandum of Understanding with the LELS Union for donation of sick leave to a Unit employee. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-08 Motion by Pavleck, seconded by Chezick to approve a SILS Service Agreement with Raynita Houglum with no increase in cost as recommended by the Community Service Director. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-09 Motion by Hanson, seconded by Pavleck to approve a revised Tax Coordinator/Auditor Deputy position description as recommended by the Auditor/Treasurer and Coordinator. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-10 Motion by Hanson, seconded by Pavleck authorizing the Auditor/Treasurer to fill the vacant Tax Coordinator/Auditor Deputy position. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-11 Motion by Hanson, seconded by Pavleck that at the request of the Rainy Lake Sportsfishing Club to authorize the Board Chair to send a letter to the MN DNR Commissioner requesting no action be taking on the proposed sturgeon regulations until after the meeting on December 5, 2003 (tentatively 10:00 a.m. at TruStar Credit Union) where the DNR Commissioner will meet with the Rainy Lake Sportsfishing Club to discuss the proposed regulations. Motion further directs a copy of the letter be sent to Representative Anderson, Senator Saxhaug and Manitou First Nations. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Highway Engineer informed the Board that the documentation provided to support a change in rebate policy by John Deere after the mower/tractor bid was awarded was not satisfactory and did not receive the approval of the County Attorney to provide payment for the tractor/mower. Weighing the risk as pointed out by the County Attorney, the Board felt the awarded bid provided the lowest cost and therefore was in the best interest of the County.

2003/11-12 Motion by Chezick, seconded by Adee amending Board Motion 2003/10-12 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. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-13 Motion by Hanson, seconded by Pavleck adopting the following resolution requesting a funding advancement for current CSAH Projects:

WHEREAS, the County of Koochiching is planning to implement County State Aid Highway Projects in 2003 which will require State Aid funds in excess of those available in its State Aid Regular Account, and

WHEREAS, said county is prepared to proceed with the construction of said projects through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Regular Account, and

WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.08, Subdivision 7 and Minnesota Rules, Chapter 8820.

NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved County State Aid Highway Projects of Koochiching County in an amount up to $1,000,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 9. The Highway Engineer hereby authorizes repayment from subsequent accruals to the Regular Account of County State Aid Highway Fund for said County in accordance with the schedule indicated below:

__ Repayment from future year allocations in amounts listed below until fully
repaid (maximum 3 year repayment).
$____________ CY ________
$____________ CY ________
$____________ CY ________
Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-14 Motion by Chezick, seconded by Adee authorizing Board members’ attendance to the Proposed Casino Project Informational Meeting being held by the KEDA on Wednesday, November 5, at 6:00 p.m. at the Holiday Inn. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

2003/11-15 Motion by Chezick, seconded by Pavleck to add discussion on the process for the Board to receive the viewers report for the Jackfish Bay Sewer Project. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.

000 The Board Chair set a special meeting for Monday, November 10, 2003 to receive the Jackfish Bay Sewer Project Viewer Report and to set a public hearing as required under law for the proposed project.

2003/11-16 Motion by Pavleck, seconded by Adee to adjourn the meeting at 11:08 a.m. Voting yes: Lepper, Adee, Hanson, Chezick, Pavleck. Motion carried.