Koochiching County Board Minutes 7-13-04

Board Minutes

for

July 13, 2004

SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, July 13, 2004; 10:12 a.m.

OTHERS ATTENDING: Einar Sundin, Pam Lagoo, Mike Ford, J.J. Hasbargen, John Mastin, Gary Potter, Larry Beach, Elaine Beach, Doug Grindall, Terry Murray, Della Warren, Richard Lehtinen, Russell and Arlene Fish; Reporter Laurel Beager

2004/07-01 Motion by Hanson, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-02 Motion by Hanson, seconded by Lepper to approve the minutes of the June 22, 2004 special County Board meeting and the minutes of the 2004 County Board of Equalization meetings of June 15 and 22, 2004. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Board was notified of the following part time Correctional Officer resignations: Joseph Fults on June 15, 2004 and Tracy Hasbargen on June 28, 2004.

2004/07-03 Motion by Hanson, seconded by Chezick authorizing a one-year extension of the Minnesota State licensure requirement for the Assistant Assessor as requested by the Assessor to accommodate workload and schooling timelines. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-04 Motion by Lepper, seconded by Chezick accepting the Personnel Committee’s recommendation not to change the County Travel Policy to require receipts for all meal reimbursement due to the change in the State Auditor’s opinion that requiring receipts after $20 is not inconsistent with State law. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-05 Motion by Lepper, seconded by Chezick to approve payment of the Auditor claims in the amount of $31,423.44, to approve payment of the monthly County Board expense claims in the amount of $7,863.04, authorizing Board Chair’s signature to the Auditor’s June vendor payment listing verifying its review, to approve payment to Flaherty & Hood in the amount of $5,267.24 as final payment under the 2004 lobbying service contract with payment from the 2004 Legislation Budget and to approve payment of the Highway claims in the amount of $80,995.73. Payment detail on file in the Auditor and Highway Departments. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-06 Motion by Chezick, seconded by Lepper adopting the following overpayment and underpayment policy for the County Recorder’s Office as recommended by the County Recorder:

WHEREAS, it is the policy of the Recorder’s Office to process documents and transactions when the appropriate payment for the service is determined and secured; and

WHEREAS, it is in the best interest of Koochiching County to reduce administrative costs and increase departmental efficiency; and

WHEREAS, costs are increasing to mail refunds of overpayments and returning documents not processed because of underpayments.

BE IT RESOLVED, that the Koochiching County Board of Commissioners hereby authorizes the Office of the County Recorder to retain overpayments in amounts not to exceed $11.00 for services of any kind unless a written request for the overpayment is submitted within a reasonable amount of time, then the overpayment will be returned. All overpayments retained will be deposited in the General Revenue Fund in a timely manner.

BE IT FURTHER RESOLVED that the Koochiching County Board of Commissioners hereby authorizes the Office of the County Recorder to accept, at their discretion, underpayments not to exceed $5.00 to process documents submitted. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-07 Motion by Lepper, seconded by Adee revising fees (reference Board Motion 1993/04-15) for the Office of the County Recorder as recommended by the County Recorder: Mortgage Reports - $15 per month; Long Distance Faxed Document Fee - $5.00; Consolidate Copy Fees to $1 Per Page; Retain Certified Plat Copy Fee of $10.00; Retain Research Time Fee of $20 per hour - $5 minimum. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-08 Motion by Lepper, seconded by Adee to close session at 10:34 a.m. to consider a report from legal counsel on a federal district court matter of Larson v. Koochiching County. Attending the closed session was the full Board, Attorney Mike Larson, County Attorney Hasbargen and the County Coordinator. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-09 Motion by Lepper, seconded by Hanson to open session at 10:55 a.m. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-10 Motion by Chezick, seconded by Adee accepting the settlement proposal as recommended by the County’s legal counsel on the Larson v. Koochiching County case, with no monetary responsibility for the County. Voting yes: Adee, Hanson, Chezick; voting no: Pavleck, Chezick. Motion carried.

000 OPP Detective Gary Potter, Coordinator for the Northwest Ontario Crime Stopper Program, provided an overview of the program to the County Board which is an international, national and regional effort for fighting crime. The program first started in 1976 whereas payment for tips leading to arrest and charges are paid, never revealing the identity of the tipper. The program has proven its success in preventing crime over and over again. The Northwest Ontario Program started in 1987. In a recent visit to International Falls, Mr. Potter inquired whether Koochiching County had such a program and when informed there was no such program, started dialogue about starting a program here or joining the regional Ontario program since crime does not recognize the border. The result of this discussion was full support of the Koochiching County Sheriff and International Falls Police Departments to join the regional Ontario Crime Stopper Program, rather than start a separate program. The regional program will now be called the Northwest Ontario and Northern Minnesota Crime Stopper Program and the Board overseeing the regional program will increase to provide equal representation of Koochiching County. The effective date for the County’s joining of the program will be September 11, 2004 and that a public event is being planned to officially launch this joint program. Board members supported this collaborative effort.

2004/07-11 Motion by Adee, seconded by Chezick endorsing the proposal for a Northwest Ontario and Northern Minnesota Regional Crime Stopper Program and to provide County Board participation as needed in launching the program. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Board Chair called for public comment at 11:35 a.m. Larry Beach informed the Board that a resort type business is operating in their residential zoned area and requested review of the matter. Elaine Beach read a letter from a property owner in their area regarding the Jackfish Bay Sewer Project and filing of the second hearing appeal. No other comment was provided.

2004/07-12 Motion by Lepper, seconded by Adee to add review of the resort operation in a residential zoned area to the agenda under Environmental Service Business. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Board was provided a request from a property owner in Ericsburg to have the County place calcium chloride on the road in front of his property due to the traffic caused by the County’s public water access. The Highway Engineer reviewed the current policy which provides calcium chloride to property owner at cost and that the property owner is responsible to spread the material. After reviewing the policy and the area in question, the Board agreed to remain with its current policy and the Highway Engineer will notify the property owner that the material is available to him at cost.

2004/07-13 Motion by Lepper, seconded by Hanson to renew the service agreement with Della Warren for the Koochiching Family Services Collaborative Coordinator with an increase in service hours and rate as recommended by the Family Collaborative. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-14 Motion by Hanson, seconded by Lepper renewing Board Motion 2002/07-25 retaining Terry Murray as Community Service Director for an interim period as stipulated in 2002/07-25. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-15 Motion by Hanson, seconded by Chezick authorizing the Community Service Director to fill a third Child Support Officer position with the understanding that if internal promoting is to occur, the Board would support filling all needed positions left vacant from this staffing change in the Community Service Agency, that the County will not provide county dollars to fund this position therefore requiring the Director to support the position with other funding or cut this or another position if funding sources are not available and to provide the Board a report by fall of 2005 showing the progress made due to this third position in catching up the backlog in the Child Support Unit, the impact it had on decreasing needs for other assistant programs and to verify the position funding with the Board to determine further reviews thereafter as recommended by the Personnel Committee. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-16 Motion by Hanson, seconded by Adee authorizing the Community Service Director to fill a vacant Office Support Specialist position with a permanent part-time employee (regularly scheduled 20 hours a week) with the understanding that the County will not provide county dollars to fund this position therefore requiring the Director to support the position with other funding or cut this or another position if funding sources are not available as recommended by the Personnel Committee. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-17 Motion by Hanson, seconded by Chezick accepting Final Plat #0301 as recommended by the Planning Commission for Mervin Mannausau, 13 lot subdivision near Loman, and authorizing Board Chair’s signature to the Plat. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-18 Motion by Hanson, seconded by Adee accepting Final Plat #0402 as recommended by the Planning Commission for Russell and Arlene Fish, 21 lot subdivision in Clementson, and authorizing Board Chair’s signature to the Plat. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-19 Motion by Hanson, seconded by Chezick approving preliminary Plat #0403 as recommended by the Planning Commission for John Hepfler and Jong Sook Chong, 6 lot subdivision located between Birchdale and Indus with final plat approval subject to meeting the conditions set by the Planning Commission. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-20 Motion by Lepper, seconded by Adee approving the following East Koochiching Sewer District Order:

WHEREAS, the Board of Commissioners (the "Board") of Koochiching County (the
" County") has established the East Koochiching Sewer District (the "District") pursuant to the provisions of Minnesota Statutes, Chapter 116A (the "Act");

WHEREAS, it has been proposed and the Board has agreed to conduct certain proceedings
to expand the District to include the following area:
All that portion of Koochiching County lying North of State Highway 11 between
Crystal Bay and Tilson Creek of Rainy Lake, and those parcels lying between State
Highway 11 and Town Road 224, all other parcels adjacent to Town Road 224, and
Lots 2 through 5, Auditor's Plat No.6 (the "New Area" or the "Jackfish Bay Area");
and

WHEREAS, the County intends to construct a centralized sewer collection system to serve
the New Area (the "Project" or the "System"); and

WHEREAS, the Board has employed Ayres Associates as engineer pursuant to Section
116A.06 of the Act and said engineer has prepared the preliminary survey and report for the Project required by Section 116A.07 of the Act; and

WHEREAS, the Board fixed a date and time for a hearing on said preliminary survey and
report, and said hearing was held on January 15, 2002, after notice given as required by Section 116A.08 of the Act, and at which time all those in attendance wishing to speak were given an opportunity to be heard; and

WHEREAS, the Board ordered the engineer to proceed to make a detailed survey and furnish all necessary plans and specifications for the Project, together with an estimate of the total cost of construction of the System, and report the same to the Board with all reasonable dispatch, which report has been made to the Board; and

WHEREAS, the engineer has prepared a complete set of plans, specifications and estimates of cost for the Project, and has made a complete report in duplicate of the work and recommendations for the Project to the Board, including therein all maps and profiles, and said report has been filed with the County auditor; and

WHEREAS, the Board has appointed three viewers as required by Section 116A.11 of the
Act, and said viewers have prepared the report required by the aforementioned section and said report has been filed with the County auditor; and

WHEREAS, in accordance with Section 116A.12 of the Act and prior resolutions of the
Board, the second hearing regarding the engineer's and viewers' reports and the feasibility of expanding the District to include the New Area and construct the Project was originally convened pursuant to proper notice by publication, posting and mail, on December 17, 2003, and was then adjourned and reconvened for further public comment on May 11, 2004, to discuss modifications to the original design and efforts to reduce the construction costs of the project; and

WHEREAS, following receipt of all public input, the reconvened public hearing was
adjourned until the regularly scheduled meeting of the Board on May 18, 2004 so the Board could fully review and consider all items submitted regarding the feasibility of the Project; and

WHEREAS, by resolution adopted on May 18, 2004, the Board approved certain matters
relating to the addition of the New Area to the District and construction of the Project and wished to reduce said approvals to an order, as required by the Act.

IT IS HEREBY FOUND AND DETERMINED by the Board of Commissioners of
Koochiching County, after review and consideration of all items related to the Project, that:

A. the engineer's and viewers' reports have been made and all other proceedings
in the matter had in accordance with law;

B. the estimated benefits of the Project are greater than the total estimated cost,
including damages;

D. the proposed System will be of public utility and benefit, and will promote
the public health; and

1. the New Area is part of and included in the District, as set forth in the map detailing the exact areas for inclusion in the Project and the New Area on file in the office of the Environmental Services Department at the Koochiching County Courthouse;

2004/07-21 Motion by Lepper, seconded by Hanson to table action on the contract with Wagner Construction for the Jackfish Bay Sewer Project until July 27, 2004 as requested by the Environmental Service Director. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-22 Motion by Lepper, seconded by Adee authorizing the Environmental Service Director to obtain the services of Environmental Financial Group and Ramsland & Vigen, Inc. to conduct work related to easements and special assessments to support the Jackfish Bay Sewer Project as outlined in the scope of service agreement. Voting yes: Pavleck, Adee, Hanson, Lepper; voting no: Chezick. Motion carried.

000 The Board informed the Environmental Service Director of public complaints on a pollution odor in the second bridge area and directed an independent review of the issue and to report back to the Board.

000 The Environmental Service Director was asked to provide information on the issue raised earlier in the meeting of a property owner operating a resort type business in a residentially zoned area. The Director has investigated this matter and upon recently receiving the requested review by the County Attorney, is now ready to take formal action on the matter. Informally, the Director has informed the property owner of the zoning conditions that have to be met to operate a resort type business in this area.

2004/07-23 Motion by Adee, seconded by Lepper to adjourn the meeting at 2:33 p.m. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.