SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, October 26, 2004; 10:30 a.m.

MEMBERS PRESENT: Commissioners Pavleck, Adee, Chezick, Lepper

MEMBERS ABSENT: Commissioner Hanson

OTHERS ATTENDING: John McCarthy, Einar Sundin, Ann Scholler, Richard Lehtinen, Jim Fiedler, John Demars, Scott Harder, Butch Pariseau, Duane Nelson, Bruce Grotberg, Dennis Hummitzsch, Terry Murray; Reporters Laurel Beager and Roger Jerome

2004/10-39 Motion by Adee, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-40 Motion by Lepper, seconded by Adee to approve the minutes of the October 19, 2004 regular meeting. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-41 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $30,329.60, to approve payment to Johnson, Killen & Seiler for personnel legal service in the amount of $562.40 with payment from the Administration Budget, to approve payment of the Public Health Department claims in the amount of $20,863.54, to approve payment of Community Service Department’s financial and social service program claims and administrative claims as presented and burial case #1243756 in the amount of $2,037.25. Payment detail on file in the respective departments. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-42 Motion by Chezick, seconded by Lepper accepting the Assessor’s recommendation to grant a two-year abatement for Arthur Mai, parcel number 50-71-00110, due to incorrect acreage. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-43 Motion by Chezick, seconded by Lepper to approve a one-day On Sale 3.2% Malt Liquor License to the Cingmars Farmers Club for a November 6, 2004 Deer Hunters Dance as recommended by the Licensing Committee. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-44 Motion by Lepper, seconded by Adee to approve an amended Joint Powers Natural Resources Agreement for the Counties Natural Resources Board and authorizing the Board Chair to sign the amended Joint Powers Agreement contingent on review by the County Attorney. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-45 Motion by Lepper, seconded by Adee that upon receipt of only one proposal from the County’s request for proposals for auditing services, to approve a two-year agreement with Walker, Giroux and Hahne to conduct annual County financial audits for 2004 and 2005 with cost not to exceed $41,000 for the audit year of 2004 and $42,500 for the audit year of 2005. Motion further authorizes the Board Chair’s signature to the Understanding of Services with Walker, Giroux and Hahne. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-46 Motion by Lepper, seconded by Chezick accepting the employment separation of Senior Engineering Technician Steve Oswald on October 22, 2004. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

000 The Environmental Service Director provided the Board a recommendation from the Solid Waste Advisory Committee (SWAC) to change Jim Fiedler’s arrears payment plan to a two-year payment plan in addition to keeping his current billings paid. At this time an amount of over $40,000 is due the County from the contractor and the timeline for payment under the current plan is too far extended. The Director stated that the Board could consider other variations to stepping up the payment plan but he would not recommend more than a five-year payback. The contractor stated that the current plan was provided to help him out for a few years but agreed that the payment plan should be stepped up. He also addressed concerns with SWAC as he has issues that he would like reviewed but the committee has not been meeting much in the last couple years. It was pointed out that the contractor serves as a SWAC member.

2004/10-47 Motion by Lepper, seconded by Adee approving an arrears payment plan for Jim Fiedler that the full amount due the County is paid in four years with no interest and that current billings must also be paid on time. Voting yes: Pavleck, Adee, Lepper; voting no: Chezick. Motion carried.

000 The Environmental Service Director provided a letter from John Demars, d.b.a. JD Trucking that absent the County Board agreeing to modify his service agreement to adjust for fuel costs, he can not operate under the current agreement and requested the Board to re-bid the service (hauling MSW to Kittson Landfill). The Director stated that the contractor would continue service until such time as a new bid is let. Seeking new bids would be a mutual agreement of both parties and would not prohibit the current contractor from submitting a bid.

2004/10-48 Motion by Chezick, seconded by Adee acknowledging the letter from J.D. Trucking that absent a modification to his contract, the contractor requests the County to re-bid service for hauling MSW to Kittson Landfill and that the Board accepts the letter as both parties agreement to end the current contract upon awarding of a new service bid. Motion further authorizes the Environmental Service Director to seek bids for MSW hauling with the bid spec to allow for adjustment of fuel costs. Voting yes: Pavleck, Adee, Lepper; absent for vote: Chezick. Motion carried.

000 The consultant hired to perform the assessment and financial work for the Jackfish Sewer Project provided a status report to the Board. State funding of a $3.75 million grant and loan funds at a 1% interest rate are dedicated for the Jackfish Sewer Project and at this time are to be encumbered no later then December 31, 2004. The consultant stated that this funding arrangement is a very good package as a result of an agreement under old rules. Today there is much less funding available under the new rules. However, due to the pending court case, it was necessary to meet with the Public Facilities Authority (PFA) to request support to retain this funding package and delay the assessment process until after December 31, 2004. The PFA agreed to support the request within statutory requirements until the court case is settled. What is required to secure this agreement with PFA is a financial plan showing how the project will be paid for, a letter from the County Board stating continued interest in pursuing the sewer project and the need to secure the 1% interest rate on the loan package (in lieu of approving a loan agreement at this time) and to approve a contract to secure the grant funds. Doing these three things will secure the funding past December 31, 2004 and allow the delay of the assessment process until 2005 due to the pending court case. The Director pointed out that the construction contract is contingent on a December 31, 2004 date.

2004/10-49 Motion by Lepper, seconded by Adee authorizing the Environmental Service Director to begin work to meet the measures required by the Public Facilities Authority pursuant to delaying the Jackfish Bay sewer assessment hearing until 2005 and securing the state funding for the project with the Board to approve final documents. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

000 The Board Chair opened public comment at 11:50 a.m. Butch Pariseau, Business Agent for Local 49, made a request to the Board to consider filling current or upcoming full time vacancies in the Highway union with the two permanent part time personnel now employed by the County. He informed the Board that the Union is in full support of this request and they feel the part time employees are familiar with the work in the Highway Department and Transfer Station and should be given the job opportunity. The Board was not willing to open the contract to change terms for job posting and felt the part time had the opportunity to present their job qualifications and experience through the application process. With no other comment, the Board Chair closed public comment.

2004/10-50 Motion by Adee, seconded by Lepper to approve a grant agreement with Homeland Security and Emergency Management (extension of existing grant) in the amount of $115,400 for an airboat and related equipment for border security purposes and authorizing the Board Chair and Sheriff’s signature to the grant agreement. Upon execution of the grant agreement, the Sheriff is authorized to purchase the airboat and equipment within the amount of the grant and Sheriff Budget. Voting yes: Pavleck, Adee, Lepper; absent for vote: Chezick. Motion carried.

000 The Land Commissioner presented a request from the Littlefork Gun Club requesting an alternate site for a shooting range that provides better control for safety purposes. The site is approximately four miles south of Littlefork, which is a spent county gravel pit area in part of the NW ¼ of the NE1/4 and SW ¼ of the NE ¼, Section 30, Township 68 and Range 25. At this time the Land Commissioner is working on a draft lease agreement and that the request has to be submitted to Planning and Zoning for Conditional Use Permit consideration before coming back to the County Board for final approval. During review, it was decided that the access to the site needs to be defined and other accesses blocked to control activity around the shooting area.

2004/10-51 Motion by Lepper, seconded by Adee to refer the request by the Littlefork Gun Club for a shooting range site approximately four miles south of Littlefork, which is a spent county gravel pit area in part of the NW ¼ of the NE1/4 and SW ¼ of the NE ¼, Section 30, Township 68 and Range 25. (For additional information, reference 2004/05-36, 2004/07-35 and 2004/07-44). Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

000 In working with AEOA for locating a bus garage, the Highway Department for installation of underground fuel tanks and possibly the snowmobile club for a storage facility for their groomer, the Board reviewed taking Tract 1 and Tract 1A off the October 28 land sale auction to allow the option of retaining the property for development purposes.

2004/10-52 Motion by Adee, seconded by Lepper to withdraw Tract 1 and Tract 1A from the October 28, 2004 public land sale auction. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-53 Motion by Lepper, seconded by Adee to add a right of way easement to the agenda at the request of the Land Commissioner. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

000 The Land Commissioner stated that Wayne Skoe, property owner in the Northome area, requested the easement to his property be widened and therefore a request was submitted to terminate the existing easement agreement with Mr. Skoe and approve a new easement agreement which corrects the location to provide same access, make access available to adjacent lots and widens the access. The work done by the County Survey Department will be absorbed but it is recommended that Wayne Skoe pay $175 for legal costs. The easement also allows access to property that is on the October 28, 2004 public land auction.

2004/10-54 Motion by Adee, seconded by Lepper terminating the easement agreement approved under 91/04-48 and to approve a new easement agreement for Wayne and Carol Skoe granting a perpetual easement over and across real property described as a 100 foot easement for ingress and egress over and across part of Lot 24, Auditor’s Plat No. 21, according to the recorded plat thereof with the centerline of said easement described in detail in the Right of Way Easement Agreement. Motion further requires Wayne and Carol Skoe to pay the $175 legal fee incurred by the County for the new easement agreement. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

000 The Board Chair opened a public hearing at 2:25 p.m. to receive public comment on the draft Koochiching County Hazard Mitigation Plan required by the Federal Emergency Management Agency to receive funding for long-term pre-disaster mitigation measures. Present were Commissioners Pavleck, Adee, Chezick, Lepper, County Coordinator and County Sheriff. The Coordinator stated that the draft plan was made available at the public library, Administration Office, Sheriff’s Office and the County’s website for public viewing. The Coordinator and Sheriff informed the Board that no written comment was received and they received no public inquiries on the draft plan. The Board Chair called for public comment and noted that no one was in attendance for public comment. With no comment from Board members, the Board Chair concluded the hearing and stated the draft plan will be presented to the County Board on November 2, 2004 for adoption.

2004/10-55 Motion by Chezick, seconded by Adee to close the public hearing at 2:27 p.m. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-56 Motion by Lepper, seconded by Adee to approve a grant agreement for the Retired and Senior Volunteer Program (RSVP) from July 1, 2004 to June 30, 2005 providing $2,000.00 to support the program as recommended by the Community Service Director with payment from the 2004 Department Budget. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-57 Motion by Adee, seconded by Lepper to approve an addendum for the Food Support Employment and Training Service Agreement with AEOA as recommended by the Community Service Director. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-58 Motion by Lepper, seconded by Adee to reinstate the Rule 25 Assessment Service Agreement with Sharon Frank as recommended by the Community Service Director. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-59 Motion by Chezick, seconded by Lepper to approve a three-year service agreement with TriMin Systems, Inc. with rate increases for software support for the IFS, ACS and SWS systems as recommended by the Community Service Director and I.S. Manager. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-60 Motion by Lepper, seconded by Adee to table action on the request to renew the service agreement for a MN State Operated Social Worker as recommended by the Community Service Director for further information. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-61 Motion by Lepper, seconded by Adee accepting the following Foster Day Care and Day Care Licensing recommendations: case #07558 relicensing for family day care for ten children, case #22750 closing home for family day care per provider’s request, case #22750 relicensing for foster care for two children, case #60100 relicensing for group family foster care for fourteen children, case #13364 closing home for family day care and case #60045 relicensing for foster care for twelve children. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.

2004/10-62 Motion by Adee, seconded by Chezick to adjourn the meeting at 2:40 p.m. Voting yes: Pavleck, Adee, Chezick, Lepper. Motion carried.