SPECIAL MEETING OF THE KOOCHICHING BOARD OF COMMISSIONERS
Held on Tuesday, November 23, 2004; 10:10 a.m.

MEMBERS PRESENT: Commissioners Pavleck, Adee, Hanson, Lepper, Commissioner Elect Kallie Briggs

MEMBERS ABSENT: None

OTHERS ATTENDING: Janine Burtness, Bob Peterson, Einar Sundin, Terry Murray, Duane Nelson, Pam Lagoo, Jaci Nagle, Doug Grindall, J.J. Hasbargen, Attorney Joe Langel via telephone; Reporters Laurel Beager and Roger Jerome

2004/11-34 Motion by Hanson, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Pavleck, Adee, Hanson, Lepper. Motion carried.

2004/11-35 Motion by Adee, seconded by Hanson to appoint Commissioner Elect Kallie Briggs to fill the vacancy declared by the County Board in the Office of District 3 County Commissioner under M.S. 375.101, Subd. 3. Voting yes: Pavleck, Adee, Hanson, Lepper. Motion carried. (The County Auditor administered the Oath of Office for Commissioner Briggs.)

000 The Board reviewed vacant Board appointments due to the resignation of former Commissioner Chezick.

2004/11-36 Motion by Lepper, seconded by Adee to appoint Commissioner Hanson as County Board vice Chair until new elections are held the first meeting in January 2005. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 The Board Chair appointed Commissioner Briggs to serve on the East Koochiching Sanitary Sewer Commission and Commissioner Lepper to the Management Committee. The Coordinator was asked to look into meetings of the Arrowhead EMS Association and report back to the Board. Commissioner Lepper will remain as the Board’s voting member on the Association of Minnesota Counties with the Board to consider a second appointment at a later time.

2004/11-37 Motion by Lepper, seconded by Adee to appoint Commissioner Pavleck as the Board’s representative on the ARDC Board of Directors. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/11-38 Motion by Hanson, seconded by Adee to approve the minutes of the November 16, 2004 regular meeting with correction. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/11-39 Motion by Lepper, seconded by Adee to approve payment of the Public Health claims in the amount of $17,485.04, to approve payment of Community Service Department’s financial and social service program claims and administrative claims as presented, to approve payment of burial case #NCN in the amount of $2,221.50 and case #165264 in the amount of $1,912.25, and to approve former Commissioner Chezick’s final expense claim in the amount of $194.99. Payment detail on file in the respective departments. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/11-40 Motion by Lepper, seconded by Adee approving the following 2004 Budget line item adjustment: reallocate $5,300 from personnel with $3,800 to projects and $1,500 to legislation. Motion further authorizes $22,222 for the remaining balance of the local cash match for the Drug Court Grant (City of International Falls providing $11,111). Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/11-41 Motion by Briggs, seconded by Lepper authorizing the Coordinator to request bids for the County’s 2005 publications as required in MN Statute. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 The Board set its December meeting schedule as follows: the meeting on December 7 is cancelled due to the annual AMC Convention in St. Cloud; the Board will meet on December 14 and 21; at their December 21st meeting, the Board will decide whether to set a meeting for December 28 or if it is a matter of just paying bills, authorize the Board Chair to sign claim listings for year end payouts with the Board to ratify the payments at their first meeting in January.

2004/11-42 Motion by Lepper, seconded by Adee to renew the AEOA Home Delivered Meals and AEOA Congregate Meals Service Agreements as recommended by the Community Service Director. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/11-43 Motion by Lepper, seconded by Adee to approve an addendum to the Ita-Bel-Koo DAC Service Agreement as recommended by the Community Service Director. Voting yes: Pavleck, Adee, Briggs, Lepper; absent for vote: Hanson. Motion carried.

2004/11-44 Motion by Lepper, seconded by Briggs to renew the Blue Heron Service Agreement as recommended by the Community Service Director. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 The Community Service Director stated that Board members are on the MN Social Service Association (association through AMC) membership list for receiving information and requested verification from the Board whether they wanted to remain on the list. Board members wanted to continue to receive information but asked the Director to set time with the Board periodically to review information.

2004/11-45 Motion by Hanson, seconded by Adee accepting the recommendation for Foster Day Care and Day Care Licensing: case #50400 relicensing for family day care for ten children and case #43664 relicensing for group family day care for ten children. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 The Sheriff informed the Board that a directive came down from the federal government that border security needed to increase through the presidential inauguration and that homeland security funding would be provided to cover extra cost. This directive includes law enforcement from the County, City of International Falls, Highway Patrol and DNR. Though deputies are given first opportunity to cover the shifts, he would like to schedule his Undersheriff when there is no available law enforcement and provide overtime for this work. The Coordinator stated that the Federal Labor Standards Act does allow exceptions for exempt positions for temporary and unique situations and that the need to fill shifts under a federal directive under a temporary basis would qualify. The Board agreed with the Undersheriff used only when deputies are not available.

2004/11-46 Motion by Hanson, seconded by Adee that due to a temporary and unique situation whereas the federal government has ordered increased security on our borders from October until January 21, 2005 and the fact that there is insufficient numbers of local law enforcement to provide this additional cover, the Undersheriff be provided overtime at time and one half for work hours beyond his normal work as Undersheriff to provide border security under the federal directive; providing there is a need for the position to service in this capacity. For funding purposes the Department of Homeland Security requires that hours of service be reported and reimbursed on an hourly basis and it is for this reason the Undersheriff as a salaried exempt employee, will be compensated on an hourly basis for this particular extra duty. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/11-47 Motion by Lepper, seconded by Adee to approve a Laredo/Tapestry Subscription Agreement for remote access services for the Recorder’s Fidlar System and to approve a Client On-Line Access Agreement with fees as recommended by the Recorder and I.S. Manager to allow the public remote access to certain public information contained in computer files in the Recorder’s Office. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 The Highway Engineer informed the Board that Chad Jonson was hired as a Heavy Equipment Operator with a starting date contingent on satisfying the pre-employment physical.

000 The Highway Engineer requested time at a January Board meeting to receive public comment on bridge replacement projects in the County for the purpose of establishing a work plan for the Department. The Highway Engineer will advertise the public session and the draft priority bridge replacement list once the date and time is set. The Board Chair set the session for 11:00 a.m. on January 11, 2005.

000 The Highway Engineer provided the Board several options for CSAH mile revocation and redesignation for the purpose of establishing a CSAH road work plan. The Highway Engineer reminded the Board that roads designated as county roads require county funds to maintain them and those roads qualifying for CSAH designation are constructed and maintained with state aid dollars. He also noted that CSAH roads require a higher design standard which requires more right-of-way. The Board agreed they needed more time to review the options and will meet again in committee on January 11, 2005 to provide direction on a CSAH road plan.

000 The Board Chair called for public comment at 11:39 a.m. Einar Sundin asked the Highway Engineer if a road could be part CSAH and part County. The Engineer reviewed the qualifications for meeting CSAH standards. No other comment was provided.

2004/11-48 Motion by Lepper, seconded by Briggs to send a letter to the U.S. Corps of Engineers opposing the proposed mitigation ratio for disturbance of wetlands from1:1 to 1.5:1. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/11-49 Motion by Lepper, seconded by Adee to close session at 1:35 p.m. to discuss the status of appeal and/or resolution on litigation referenced as Koochiching County v Swatek. Attending the closed session – County Attorney, Attorney Joe Langel via telephone, Highway Engineer, County Coordinator, Commissioners Pavleck, Adee, Briggs, Lepper, and Hanson (absent for motion but attended closed session). Voting yes: Pavleck, Adee, Briggs, Lepper; absent for vote: Hanson. Motion carried.

2004/11-50 Motion by Lepper, seconded by Adee to open session at 1:50 p.m. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/11-51 Motion by Lepper, seconded by Adee that upon recommendation from legal counsel to make a settlement offer to provide the Swateks, for the purpose of resolving condemnation litigation - Koochiching County v Swatek, $8,745.21 for full and final payment with the final settlement agreement contingent on the County Attorney’s signature. Voting yes: Adee, Hanson, Briggs, Lepper; voting no: Pavleck. Motion carried.

2004/11-52 Motion by Hanson, seconded by Briggs to adjourn the meeting at 2:03 p.m. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.