SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, August 24, 2004; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Lee Hervey, Jaci Nagle, Einar Sundin, Dennis Hummitzsch, Doug Grindall, Gerald Albrecht, Terry Murray, Susan Congrave, John Mastin, Florence Hervey, Richard Lehtinen, Larry Beach, Elaine Beach, Paul Mielke; Reporters Laura Kirby and Roger Jerome

2004/08-14 Motion by Hanson, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

2004/08-15 Motion by Hanson, seconded by Lepper to approve the minutes from the August 10, 2004 special meeting. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

2004/08-16 Motion by Lepper, seconded by Adee to authorize Board Chair’s signature to the Auditor’s July vendor payment listing verifying its review, to approve payment to Johnson, Killen & Seiler in the amount of $642.00 for personnel legal service with payment from the Administration Budget, to approve payment of the Auditor claims in the amount of $31,266.09, to approve payment of the Highway claims in the amount of $243,140.62, to approve payment of the Public Health claims in the amount of $13,451.00 and to approve payment of Community Service financial and social service program claims and administrative claims as presented. Payment detail is on file in the respective departments. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

2004/08-17 Motion by Adee, seconded by Hanson approving the list of election judges appointed for the 2004 Primary and General Elections as presented by the Auditor/Treasurer and which is filed in the Auditor/Treasurer’s Office. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

2004/08-18 Motion by Lepper, seconded by Adee renewing the Tower Space Agreement with KQDS Acquisition Corporation for provision of Fox Network from August 1, 2004 through July 31, 2009 under the same terms and conditions. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

2004/08-19 Motion by Hanson, seconded by Adee to approve Board members’ attendance to the DNR open house forums on proposed regulation changes for walleye and sauger limits for Lake of the Woods and Rainy River as a Board activity. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

000 The Board received written confirmation of Kootasca’s decision to retain a County Board appointed representative on their Board of Directors and with this confirmation, Commissioner Lepper will serve as the Board’s representative under the 2004 Board Chair appointments.

2004/08-20 Motion by Chezick, seconded by Adee accepting the recommendation of the I.S. Manager to implement DSL based internet access for the district forestry offices including commitment to the service providers of one year to allow for the waiver of activation fees with the I.S. Unit to cover the set up and cost for 2004 and the Land and Forestry Budget to cover the annual cost beginning in 2005. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/08-21 Motion by Adee, seconded by Lepper authorizing expenditure up to $2,500 from the 2004 I.S. Budget to replace a printer in the Auditor/Treasurer Department as recommended by the I.S. Manager. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/08-22 Motion by Hanson, seconded by Lepper to adopt the following resolution for the 2004 public auction of tax forfeited lands:

WHEREAS, certain parcels of 1and in Koochiching County have forfeited to the State for non payment of taxes and it appears desirable that pursuant to the Provisions of Minnesota Statues, Chapter 282., said lands be classified and that certain of said lands be offered for sale, and

WHEREAS, said County Board, for the purpose of sale has examined said property and determined to classify lands hereinafter referred to as non-conservation lands, and

NOW, THEREFORE, BE IT RESOLVED by the County Board of Koochiching County that lands described in a list approved by members of the said County Board and filed with the County Auditor, are hereby classified as non conservation and offered for sale subject to the Provisions of Section 282.01, Minnesota Statutes of 1982, and further certify that all parcels on the list comply with the provisions of M.S. 40.46, 85.012, 92.461, 103F.535, 282.018 and other statutes that withhold tax forfeit lands from sale or require conservation easements.

THEREFORE, BE IT RESOLVED that the Koochiching County Board of Commissioners hereby certifies that all parcels of land have been viewed and comply with the provisions of M.S. 282.018 and the 1991 Laws of Minnesota Ch. 354, Art. 10, Section 9, amending M.S. Sec. 282.018, Subd. 2 (1990). The County Board of Commissioners hereby certifies that the County Land Commissioner has reviewed the filed land sale list and identified any and all non-forested marginal land and wetland.

BE IT FURTHER RESOLVED that the said parcels of land are hereby appraised at the value set opposite each parcel and filed with the County Auditor.

BE IT FURTHER RESOLVED that if the land is sold on terms that the terms of sale shall be as follows, to wit: That all sales amounting to $500.00 or less shall be paid in cash at the time of purchase; that on all sales amounting to more than $500.00, the purchaser shall pay twenty percent (20%) of the purchase price of the land and building value at the time of purchase, with the remaining balance due within thirty (30) days of the sale. Full payment will be required before any timber can be removed.

BE IT FURTHER RESOLVED that any buildings or improvements now on any tract purchased or which hereafter be erected, placed or made thereon, shall be and remain the property of the State of Minnesota until the purchaser has paid for the property in full.

BE IT FURTHER RESOLVED that said purchaser shall not be delinquent in any Koochiching County Auditor's Certificate of Purchase of Tax Forfeited Lands under Minnesota Statutes, Section 282.01.

BE IT FURTHER RESOLVED that the responsibility for determining boundary lines of parcels purchased rest with the purchaser.

BE IT FURTHER RESOLVED that all sales are subject to the various county and municipal zoning ordinances; any existing easements or right of way; and any deed restrictions so imposed and noted at the time of sale.

BE IT FURTHER RESOLVED that all provisions relative to sales on deferred payments as provided by State Law shall also apply.

BE IT FURTHER RESOLVED that bid raises shall be made on a percentage basis of the appraised value of the land, timber and buildings, with no increased bids being accepted of less than increments of five percent (5%) of the appraised value. Bid raises do not apply to any special assessments that may be listed.

BE IT FURTHER RESOLVED that certain parcels of tax forfeited land located within the list forfeited with unpaid special assessments for improvements. These special assessments were cancelled at the time of forfeiture. Upon the sale of this land, an assessment schedule may be established for payment of a portion or all of the unpaid special assessments.

BE IT FURTHER RESOLVED that notice of sale of such lands be given by publication in the official newspaper of the County as provided by law, and that the County Auditor of Koochiching County offer such parcels for sale in the order in which they appear in such notice of sale and that such sales be to the highest bidder for not less than the appraised value and shall continue until all such parcels are sold or the County Board orders a reappraisal. A sale date and time will be determined at a later time and included in said publication.

BE IT FURTHER RESOLVED that three percent (3%) of the total sale price will be cash at the time of the sale for the Minnesota Tax forfeited Real Estate Account. Pursuant to Minnesota Laws of 1969, Chapter 373, Subdivision 6, and acts amendatory thereto.

BE IT FURTHER RESOLVED, Minnesota Statutes 282.014, Section 3 imposes a $25.00 fee upon purchasers of tax forfeited land for issuance of a State Deed.

BE IT FURTHER RESOLVED, as required by Minnesota Statutes 282.01, Subdivision 6, all State Tax Deeds must be recorded with the County Recorder prior to issuing the Deed to the purchaser, therefore a recording fee of $20.00 for each State Deed issued must be paid to the Koochiching County Recorder by the purchaser when tax forfeited land is paid for in full.

BE IT FURTHER RESOLVED, as required by Minnesota Statutes 287.22, all State Tax Deeds are subject to State Deed Tax which must be paid by the purchaser.

BE IT FURTHER RESOLVED, that except in the case of deeds issued for platted property and deeds issued to correct errors in either legal description or grantees, the deeds issued for these parcels will contain a restrictive covenant which will prohibit enrollment of the land in a State Funded program providing compensation of marginal land or wetlands.

BE IT FURTHER RESOLVED that any of the said lands or lots are subject to withdrawal from sale by the County Board or County Auditor when it appears to be the public's interest to do so, and the County Auditor reserves the right to reject any or all bids. Action is pending on approval of County municipalities as authorized by Statute. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Land Commissioner reviewed the results of the August 4, 2004 timber auction. All tracts sold in the intermediate and regular sale for a total auction sale value of $603,647. The Land Commissioner also provided trend graphs and county comparisons.

2004/08-23 Motion by Lepper, seconded by Adee approving a DNR Shoreland Grant application for stabilizing a sliding bank at one of the County’s wayside rest on the Rainy River with a local cash match requirement of 25% with the final agreement to come back to the Board for determination of the local match funding source. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/08-24 Motion by Chezick, seconded by Lepper accepting the recommendation of the Highway Engineer to request the MN Commissioner of Transportation to conduct a speed zone study on CSAH 20 from State Highway 11 at Ranier to approximately 3.2 miles east. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/08-25 Motion by Chezick, seconded by Lepper to table action on the road maintenance bids for Southwestern Koochiching County until the September 7, 2004 meeting. Voting yes: Pavleck, Adee, Chezick, Lepper; voting no: Hanson. Motion carried.

000 The Board Chair deferred the Highway Engineer’s recommendation for establishing a ten-ton road system to the September 7, 2004 meeting under committee-of-the-whole business.

2004/08-26 Motion by Hanson, seconded by Adee that it is resolved Koochiching County enter into Mn/DOT Agreement No. 86986 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the County for the use of County State Aid Highways No. 16 and No. 36 as a detour route during the bituminous mill and overlay, culvert replacement and box culvert construction and other associated construction to be performed upon, along and adjacent to trunk Highway No. 1 from the west junction of Trunk Highway No. 72 to Trunk Highway No. 71 under State Project No. 0405-12(T.H. 1=160). Be it further resolved the Koochiching County Board Chair and Koochiching County Highway Engineer are authorized to execute the Agreement and any amendments to the Agreement. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/08-27 Motion by Lepper, seconded by Adee certifying performance for CSAH 29 bridge replacement and approach work as follows: SAP 36-629-11 to Dallco, Inc. in the amount of $397,042.24 for bridge replacement and SAP 36-629-12 to Dallco, Inc. in the amount of $80,756.00 for approach work. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

000 The Board was informed that Jennifer Heppner was hired as a Child Support Officer on August 9, 2004.

2004/08-28 Motion by Hanson, seconded by Lepper authorizing the Community Service Director to fill a vacant Child Support Enforcement Aide position due to an employee’s promotion to a Child Support Officer position. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

2004/08-29 Motion by Lepper, seconded by Adee accepting the following Foster Day Care and Day Care Licensing recommendations: case #005345 licensing for family day care for ten children, case #25318 closing home for family day care at provider’s request, and case #58068 closing home licensed for a specific child no longer needing the service. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

000 The Public Health Director reviewed the Department’s Quarter 2, 2004 financial and statistical report with the Board.

000 The Undersheriff and Jail Administrator presented a request to the Board to install eight bunk beds in the jail to expand capacity up to 30 for times when additional beds are needed and for prisoner classification. The jail is experiencing increased population due to the new state law requiring short term offenders to serve time in local jails. However, additional room is also needed to meet inmate classification requirements. The funding for the bunks will come from the Complex Budget, Sheriff’s Zero Tolerance Fund and Sheriff’s Jail Supply Budget. The Board raised concern with the increasing costs associated with the shifting of prisoners from state institutions to the local jails, noting that the counties did receive a small stipend from the state this year. This shift is forcing counties to increase their jail capacity which in turn increases requirements for housing inmates or transport and pay another facility to house the inmates. The Board agreed to wait on the decision to add additional beds until the next AMC meeting in September where they will discuss this concern with the other member counties.

2004/08-30 Motion by Chezick, seconded by Lepper to table action on the request to install bunk beds in the jail until the September 28, 2004 meeting which will follow the September AMC meeting and at which time quotes for the service will be sought. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Undersheriff informed the Board that the Department will receive a $115,400 Homeland Security Grant for the purchase of an airboat and related equipment and supplies for rescue purposes with no cost to the County. The Undersheriff stated that other homeland security grant money is being used to improve the County’s command center and for training county emergency responders.

000 The Board Chair called for public comment at 11:30 a.m. Larry Beach provided the Board history on the name of the Bay in which their property is located. He stated that the Bay is called Elks Bay on the maps but according to the history it should be Eks Bay and requested direction to verify the actual Bay name. The Board directed him to the Historical Society for additional historical information. Elaine Beach asked the Board to support AB/Backus to retain the auditorium for the public. Paul Mielke informed the Board that the Elks Bay Retreat operating in their area has placed a fence about ten feet from the edge of the road and he is concerned this will block snow and create drifts. The Board stated they would have the Highway Department look at the fence. Mr. Mielke also stated that the wording in the June 13, 2004 Jackfish Bay Sewer Project resolution was vague on whether the proposed sewer district became a part of the East Koochiching Sewer District. With no other comment, the Board Chair closed public comment.

2004/08-31 Motion by Lepper, seconded by Chezick authorizing payment of $2,945.03 to Kennedy Scales, Inc. for repair of the MSW trailer scale as recommended by the Environmental Service Director. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/08-32 Motion by Hanson, seconded by Lepper to approve the Scope of Services for a cap of $13,100 and an additional $125 per hour for easement valuation analysis as an Addendum to the existing contract with the Environmental Financial Group for the Jackfish Bay Sewer Project as recommended by the Environmental Service Director. Voting yes: Pavleck, Adee, Hanson, Lepper; voting no: Chezick. Motion carried.

2004/08-33 Motion by Hanson, seconded by Adee to approve a service contract with Earl Boyum for tire removal service after review of the quotes received. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Environmental Service Director provided a draft service contract for taking Fort Frances recycling which includes a three-day drop off schedule, a fixed service fee with the County receiving all revenue from recycling sales. The Director wanted review by the Board before proceeding with negotiating contract terms with Fort Frances. The Board stated that the contract has to cover the County’s direct costs and consideration of indirect costs such as wear and tear of facility infrastructure.

2004/08-34 Motion by Hanson, seconded by Chezick adopting the following resolution supporting a local grant match contribution for a County Housing Study:

WHEREAS, the Koochiching County Comprehensive Land Use Plan has as a primary goal to “Provide quality housing and living conditions for all people in Koochiching County.”

WHEREAS, the Koochiching County Comprehensive Land Use Plan recommends conducting a housing study to determine the type of housing needs for single people, families and seniors.

WHEREAS, the Koochiching County Comprehensive Plan recommends collaboration with local municipalities in addressing the County’s housing needs.

WHEREAS, the Koochiching County Board supported Kootasca's concept in forming a county-wide housing coalition.

BE IT RESOLVED THAT the Koochiching County Board supports the Koochiching Housing Coalition in initiating a targeted housing study and action plan with matching funds up to $3,500 (funding to come from the 2004 Budget Contingency). Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Environmental Service Director informed the Board that the design number for the grinder station is pending agreement between the contractor and engineer for the Jackfish Bay Sewer Project for the final contract for the construction of the system. The Board could approve the contract contingent on this agreement or defer the item to the next meeting at which time the final contract would be presented. The Director also informed the Board of the September 10 court date for the law suit filed on the project and that if the project is not finalized by December 31, 2004 the state funding would be lost and therefore the project would be dead. The Board agreed to defer action on the construction contract until the September 7, 2004 Board meeting at which time the complete contract will be provided.

2004/08-35 Motion by Lepper, seconded by Chezick authorizing the Environmental Service Department to pay up to $400 from their Department Budget for renewal of the permit with MPCA for the Rainy River Rural Utility Association, Inc. for the water quality cooperative. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/08-36 Motion by Adee, seconded by Lepper to adjourn the meeting at 1:00 p.m. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.