SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, November 25, 2003; 9:30 a.m.

MEMBERS PRESENT: Commissioners Lepper, Adee, Hanson, Pavleck

MEMBERS ABSENT: Commissioner Chezick

OTHERS ATTENDING: Marty Gordon, Terry Murray, Richard Lehtinen, James Nelson, Len Kucera, Mary Nelson, Duane Nelson, Chad Nelson, John Mastin, J.J. Hasbargen, David Johnson, Leo Dugas; Reporters Laurel Beager, Roger Jerome and Jen O’Reily

2003/11-50 Motion by Adee, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-51 Motion by Hanson, seconded by Adee to approve the minutes of the November 18, 2003 regular meeting with corrections. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-52 Motion by Adee, seconded by Hanson to approve payment of the Auditor bills in the amount of $14,039.21, to approve payment of the Public Health bills in the amount of $23,478.34, to approve payment to Johnson, Killen & Seiler, P.A. in the amount of $2,481.20 for personnel legal service with payment from the 2003 Administration and Negotiation Budgets, to approve payment of Community Service social service and financial claims and administrative expenditures as presented and to approve payment of burial case #1169549 in the amount of $125.00 as recommended by Community Service Department. Payment detail on file in the respective departments. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-53 Motion by Pavleck, seconded by Adee setting the tentative December Board meeting schedule as follows: December 2, December 16, December 23 with no meeting planned for December 30 unless called by the Board Chair. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-54 Motion by Pavleck, seconded by Adee adopting the following resolution requesting AMC’s support for changes in the new ATV/OHV Legislation: Whereas Koochiching County supports amending the all-terrain vehicle (ATV)/off-highway vehicle (OHV) legislation passed in 2003 to eliminate restrictions on access and use of private property, to provide reasonable application of wetland laws regarding ATV/OHV use and trail designation, and flexibility in the application of ATV/OHV laws as they relate to different areas of the state. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-55 Motion by Hanson, seconded by Adee to approve a revised Fire Protection Contract with Fire District 2 Loman Rural Fire Association to include fire protection coverage in Township 69 and 70, Range 26 which was the original agreement and omitted in the previous contract. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-56 Motion by Pavleck, seconded by Adee to approve the following 2004 Tobacco License Applications as recommended by the Auditor’s Office: Christiansen’s Store, Nelson’s Store, Country Sampler & Saloon, Island View Lodge, Y Knot Quick Stop, 65 Express, Rainy Lake Houseboats, Rainy Lake Spirits and Woodland Inn. Motion further approves the following 2004 Liquor Licenses as recommended by the County Licensing Committee: Island View Lodge – On Sale, Off Sale and Sunday Intoxicating Liquor; Nelson’s Store – Off Sale Intoxicating Liquor; Woodland Inn – On Sale, Off Sale and Sunday Intoxicating Liquor; Rainy Lake Houseboats – Off Sale Intoxicating Liquor; Country Sampler & Saloon – On Sale, Off Sale and Sunday Intoxicating Liquor; Christiansen’s Store – On Sale and Off Sale 3.2% Malt Liquor; Rainy Lake Spirits – Off Sale Intoxicating Liquor. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-57 Motion by Pavleck, seconded by Hanson to approve an addendum to the Northome SLS Service Agreement for addition of a client as recommended by the Community Service Director. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-58 Motion by Hanson, seconded by Adee to approve a Service Agreement with PJ’s Foster and Waivered Services for one client as recommended by the Community Service Director. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-59 Motion by Pavleck, seconded by Adee accepting the following Foster Day Care Licensing recommendation: case #22750 licensing for foster care for two children. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-60 Motion by Hanson, seconded by Adee to certify final contract value for the following bridge replacement projects as recommended by the Highway Engineer: SAP 36-598-25 with Gladen Construction in the amount of $59,470.50; SAP 36-598-26 with Gladen Construction in the amount of $36,671.00; SAP 36-598-27 with Gladen Construction in the amount of $85,316.00. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-61 Motion by Pavleck, seconded by Hanson authorizing a 2003 Budget adjustment for HACA, Attached Machinery Aids and PILOT to adjust totals to correspond with the State’s cut in the County’s 2003 General Aid as presented by the Coordinator. Voting yes: Lepper, Adee, Hanson, Chezick. Motion carried.

2003/11-62 Motion by Hanson, seconded by Adee to approve CUP #0308 for James Nelson for a novelty/magic shop as recommended by the Planning Commission. Voting
yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-63 Motion by Pavleck, seconded by Adee to approve REZ #0302 and CUP #0306 for Wallace J. Kucera Trust for zone change to C-2 and use permit for 2 billboards and commercial storage as recommended by the Planning Commission. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-64 Motion by Pavleck, seconded by Adee that absent a formal denial recommendation from the Planning Commission, to deny the proposal to amend the Zoning/Shoreland/River Ordinances for adding travel trailers to the definition of structure. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

2003/11-65 Motion by Hanson, seconded by Adee that due to public hearing notice requirements, to reschedule the public hearing for the proposed Jackfish Bay Sewer Project to December 17, 2003 at 6:30 p.m. at the Holiday Inn. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

000 Upon further discussion on State law providing hiring authority to the Sheriff and this being in conflict with the County’s Hiring Policy, the County Attorney recommended civil mediation as the best method to resolve the conflict. She stated that the Attorney General’s Office would provide an informal opinion, which will not be binding on either party. However, it will address only the matter in conflict and not address peripheral issues. It will take two weeks to a month to receive the opinion after the request is submitted.

2003/11-66 Motion by Hanson, seconded by Adee requesting the County Attorney to seek an Attorney General’s Opinion with regards to the Sheriff’s hiring authority under State Law and the conflict with the County’s hiring policy with the County Attorney to formulate the opinion request based on information provided by both parties. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.

000 The Board Chair opened a public hearing at 11:05 a.m. to receive public comment on a road vacation request by Michael Novak for a portion of UT 135 abutting the SW-NE, SE-NW, NE-SW of Section 10, Township 160, Range 29. Written comment was received from the DNR Forestry Office representing that area stating that depending on the portion of road vacated, it could impact a decision on granting a land owner permission to alternate land timber on his property. The Board also received a fax from applicant Michael Novak stating it would be best to stop the vacation process at this time as one of the neighbors had some thoughts that made him rethink the road vacation. No one from the public was in attendance for the hearing. The Board Chair closed the hearing at 11:10 a.m. and based on the applicant’s position to not proceed with the road vacation request, the Board took no further action.

000 The Board Chair called for public comment at 11:10 a.m. Leo Dugas presented the Board a meeting notice and agenda for the next Rainy River Basin Water Management Plan Basin Committee. He then informed the Board that he has started a citizen petition opposing the Rainy River Water Basin Study as a state control issue and has 943 signatures at this time. His goal is to obtain 10,000 signatures, which he believes is achievable based on local public opinion. The Board stated they would be represented at the next Basin Committee meeting. With no other comment, the Board chair closed public comment at 11:26 a.m.

2003/11-67 Motion by Adee, seconded by Hanson to adjourn the meeting at 1:45 p.m. Voting yes: Lepper, Adee, Hanson, Pavleck. Motion carried.