REGUALR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, December 21, 2004; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Einar Sundin, Duane Nelson, Ann Scholler, Terry Murray, Don and Dorothy Carey, Richard Lehtinen, Tom Toratti, Keith Sutherland, Shawn Mason, Rod Otterness, Paul Nevanen, John Faith, Roger Jerome, Terry Glowack, Paul Mielke, Mark Trompeter, Dennis Hummitzsch, Richard Hufnagle, Michael Gates, Raoul Lufbery, Steve Shermoen; Reporters Roger Jerome and Jen O’Reily

2004/12-32 Motion by Adee, seconded by Hanson to approve the agenda with additions and deletions. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-33 Motion by Adee, seconded by Briggs to approve the minutes of the December 14, 2004 special meeting with correction. Voting yes: Pavleck, Adee, Hanson, Briggs; absent for vote: Lepper. Motion carried.

2004/12-34 Motion by Adee, seconded by Lepper to approve payment of the Highway claims in the amount of $38,356.77, to approve payment to Johnson, Killen & Seiler in the amount of $384.80 for personnel legal service with payment from the 2004 Administration Budget, to approve payment of the Health claims in the amount of $27,093.21 and to approve payment of Community Service Department’s financial and social service program claims and administrative claims as presented. Payment detail on file in the respective departments. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-35 Motion by Lepper, seconded by Adee accepting the recommendation of the Assessor to grant abatement to Clarence Jourdain, parcel # 92-16-02020, for disability credit. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-36 Motion by Adee, seconded by Briggs to approve a 2005 NDAC Lease with Range Center with no changes in terms from 2004. Voting yes: Pavleck, Adee, Briggs, Lepper; absent for vote: Hanson. Motion carried.

2004/12-37 Motion by Adee, seconded by Hanson to approve an addendum to the 2004 MOU with the University of Minnesota Extension Services for provision of the 4-H Program in Koochiching County for 2005 with the County’s funding set at $15,000. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-38 Motion by Lepper, seconded by Hanson approving a MOU between Koochiching County, Ninth Judicial District and Arrowhead Regional Corrections for the Koochiching County DUI/Substance Abuse Court. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-39 Motion by Lepper, seconded by Adee to set a public hearing on January 18, 2005 at 11:00 a.m. for the purpose of receiving comment on a road vacation request by the Highway Department described as all that part of the former C.S.A.H. No. 10 lying westerly and southwesterly of the right of way line for new C.S.A. H. No. 10 that lies within Government Lot 1, Government Lot 2, Government Lot 4, the Southeast Quarter of the Northwest Quarter and the Southeast Quarter of the Southwest Quarter, Section 17, Township 69 North, Range 26 West. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-40 Motion by Lepper, seconded by Adee authorizing Board member’s attendance to a February 1, 2005 Roadway Seminar as a Board activity. The Coordinator will review Board’s interest in attending the seminar the first part of January to determine whether a February 1, 2005 County Board meeting will be held. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-41 Motion by Lepper, seconded by Briggs that the Koochiching County Board will not meet on December 28, 2004 and therefore designates the Auditor and/or the Assistant Auditor to approve claims requiring County Board approval for processing year end payouts with all Board claims approved by the Auditor and/or Assistant Auditor to come before the County Board on January 4, 2005 for ratification. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-42 Motion by Lepper, seconded by Briggs WHEREAS Minnesota Community Action Agencies are celebrating a 40 year history of promoting economic stability within our communities through the provision of leadership, resources, support and advocacy to families and individuals in financial need; and WHEREAS Minnesota Community Action Agencies offer opportunities for economic stability, self sufficiency and advancement to thousands of individuals and families in all 87 counties each year through the provision of resources to meet basic needs, welfare-to-work and job skills development services, educational and asset development options for long-term economic advancement, home ownership opportunities, and advocacy efforts that ensure Minnesota families and individuals can live with dignity in our communities; and WHEREAS Minnesota Community Action Agencies provide leadership in creating and advocating for responsible policy development that addresses the need to eliminate the conditions that keep people in poverty; and WHEREAS Minnesota Community Action Agencies collaborate with a broad range of community partners including local government, school districts, human service organizations, non-profit groups, the business community, the faith community, and civic organizations in the development and implementation of strategies that assist people to leave poverty and to own a stake in their communities; and WHEREAS Minnesota Community Action Agencies provide a significant return on investment to Koochiching County; and to counties throughout the state, as demonstrated through outcome-based measurement research; and WHEREAS Minnesota Community Action Agencies rely on the Community Action Grant as core funding to provide Koochiching County with critical safety net services, innovative and cost effective programs, responsible and forward-thinking community development efforts, and millions of additional leveraged dollars through local, state and federal partnerships; and WHEREAS requests for Community Action services has increased over the past two years, while significant decreases in our state’s Community Action Grant allocation has resulted in the loss of Community Action capacity to meet the needs of residents in Koochiching County, contributing to further destabilization of our local economy; and WHEREAS if funding for the Community Action Grant is not restored, critical services to Koochiching County residents will be reduced and will result in placing severe financial stress on our households, communities and county. THEREFORE, LET IT BE RESOLVED THAT the County Board of Commissioners supports actions that would increase state funding, through the Community Action Grant, to Minnesota’s Community Action Agencies. This action will ensure that adequate resources are in place for Koochiching County, and all of Minnesota’s counties, to promote strengthened economic stability and greater prosperity for our state and for all Minnesotans. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-43 Motion by Hanson, seconded by Lepper authorizing the Board Chair and Auditor’s signatures to the MN Trail Assistance Program Supplemental ATV Grant Agreement for the purpose of facilitating a transfer of $5,300.00 for the Blue Ox ATV Trail to the Ridgerunners Snowmobile Club from the State Program. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-44 Motion by Adee, seconded by Briggs to approve an $11.00 per hour rate for the Jail Cook Contract for 2005 as recommended by the Sheriff. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-45 Motion by Hanson, seconded by Adee authorizing the Sheriff to purchase cabinets, field equipment, chairs and replace a vehicle light bar from the 2004 Sheriff Budget in the amount of $4,140.00 and authorizing an internal budget adjustment transferring $4,140 from the office supply budget to the capital outlay budget to cover the purchases. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-46 Motion by Hanson, seconded by Adee to approve 2005 On Sale, Off Sale and Sunday Intoxicating Liquor Licenses for the Country Sampler and authorizing the License Committee to conduct a fact finding meeting with the Licensee to review a recent liquor law violation and than provide direction to the County Board on continuance of the liquor licenses. Motion further authorizes Board Chair’s signature to a letter notifying the Licensee of the County’s intent to review the continuance of the licenses. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-47 Motion by Lepper, seconded by Adee to renew the following service contracts for 2005 as recommended by the Community Service Director: First Call for Help, Kootasca Senior Coordinator, Lutheran Social Service Guardian/Conservator, Northland Counseling Clubhouse, Northland Counseling Mental Health POS, ODC Supported Employment, Pineview Primary Care, Pineview Extended Care, and Pineview Detox Services. Motion further approves a service agreement with Range Mental Health for backup detox services as recommended by the Community Service Director. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-48 Motion by Lepper, seconded by Adee to approve the following burial case payments: case #113010 in the amount of $864.28 and case #1255314 in the amount of $2,021.50. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-49 Motion by Hanson, seconded by Briggs accepting the following Foster Day Care and Day Care Licensing recommendations: case #30033 relicensing for foster care of five children and case #10078 relicensing for family day care for twelve children. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 The Community Service Director provided a letter from RSVP Senior Volunteer Program thanking the County for their support. The Director also provided a general overview of the Department.

2004/12-50 Motion by Lepper, seconded by Hanson to add a contract with the State of Minnesota for the purpose of releasing client data for a parental study to the agenda at the request of the Community Service Director. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

2004/12-51 Motion by Hanson, seconded by Lepper that due to a federal study of fathers involvement with their children and relation to placement of children out of the home, to approve a contract with the State of Minnesota authorizing Koochiching County Community Services to exchange specific data for study purposes only with the University of Chicago, the vendor hired to conduct the federal study. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 Don Carey reviewed a proposal for a freshwater aquatic marine laboratory and education facility for the users and uses of water related natural resources in northern Minnesota. The idea was proposed as a needed facility due to the vast amount and diversity of water related natural resources in Koochiching County and also as an important economic opportunity for the area. The concept is supported in the County’s Rainy River Basin Plan.

2004/12-52 Motion by Lepper, seconded by Hanson that pending receipt of additional information from Don Carey on the freshwater aquatic marine laboratory and education facility, to further discuss the proposal in a County Board committee. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 Roger Jerome, representing the Task Force for studying funding for arts, culture and recreation, reviewed a handout of research done on the ownership of civic centers and/or community auditoriums. The next step for the group is to consider a survey of the public in the School District 361 area for supporting arts, culture and recreation funding.

2004/12-53 Motion by Adee, seconded by Lepper acknowledging the annual building inspection report from the Complex Superintendent and further authorizing the Complex Superintendent to provide the recommendations for repairs, maintenance and/or cleanup to the respective department heads to take corrective action. Voting yes: Pavleck, Adee, Hanson, Briggs, Lepper. Motion carried.

000 The Board Chair called for public comment at 11:42 a.m. Mark Trompeter stated that based on the few returns of signed easements to date for the Jackfish Sewer Project, it may be an indicator of more opposition to the Project. Paul Mielke stated that he called the State regarding the grant funding for the Jackfish Sewer Project and was told the State will provide grant funds based on connections. With that, Mr. Mielke referenced the sewer construction contract that would have the County paying the contractor the full amount regardless of connections. With no further comment, the Board Chair closed public comment at 11:50 a.m.

000 The Land Commissioner presented a request by two loggers for a full refund of two timber permits due to the wood being unmarketable. The Land Commissioner stated that under policy, the loggers would forfeit their down payment, pay a 10% forfeiture penalty and be denied the right to bid at future sales for a specific time period. To waive penalties and grant a full refund requires action by the Board. The loggers stated that after the purchase, they visited the site to find the cedar wood unusable due to fire scars and the remaining ash and balsam too little to make the cut profitable. The sale was purchased due to the cedar and they felt the documentation for the sale should have noted the condition of the cedar. The loggers stated that with any purchase, it is the buyers obligation to inspect what they buy but putting that aside, the reality is there is not enough marketable wood on this site to cover the expense of cutting it. The loggers considered taking the ash and balsam to cover the penalties but it would require taking down the cedar stands which are not marketable and better left for wildlife habitat. The Land Commissioner stated that these two permits were unique areas and he encourages his staff to put these types of sales in auction to see if there is a market for the wood.

2004/12-54 Motion by Hanson, seconded by Lepper authorizing a full refund on timber permit #K2164 for Richard Hufnagle and timber permit #K2140 for Mike Gates thereby voiding the forfeiture penalty and bidding penalty for these permits due to the fact that the permit areas were unique stands of wood that were not marketable due to wood condition and volume. Voting yes: Pavleck, Hanson, Briggs, Lepper; absent for vote: Adee. Motion carried.

2004/12-55 Motion by Hanson, seconded by Lepper authorizing the Environmental Service Department to replace a recycling trailer at a price not to exceed $17,000 from the 2004 Department Budget from Wilkens Industries, Inc. and further authorizing internal budget adjustments to cover the cost of the recycling trailer from the capital outlay budget. Voting yes: Pavleck, Hanson, Briggs, Lepper; absent for vote: Adee. Motion carried.

2004/12-56 Motion by Hanson, seconded by Briggs accepting the recommendation of the Planning Commission to approve a zoning change from O-1 to AF-1 as requested by Steven W. Cassibo and Monte and My Schaffer for properties located at the end of County Road 97 northwest of Ericsburg described as the N ½ of the SW ¼ and the S ½ of the SW ¼, Section 9, Township 69N, Range 24W. Voting yes: Pavleck, Hanson, Briggs, Lepper; absent for vote: Adee. Motion carried.

2004/12-57 Motion by Hanson, seconded by Lepper accepting the recommendation of the Planning Commission to deny the conditional use permit by the Littlefork Gun Club without prejudice as the application lacked a detailed site plan and further authorizing the Environmental Service Director to send the Littlefork Gun Club a letter specifying what needs to be done and provided to reapply to the Planning Commission for the use permit and also to work in conjunction with the Land Commissioner on drafting the site lease. Voting yes: Pavleck, Hanson, Briggs, Lepper; absent for vote: Adee. Motion carried.

2004/12-58 Motion by Lepper, seconded by Briggs to approve an addendum to the construction contract with Wagner Construction for the Jackfish Sewer Project to extend the out clauses in the contract to February 28, 2005 as stipulated in the Addendum presented to the Board. Voting yes: Hanson, Briggs, Lepper; absent for vote: Pavleck, Adee. Motion carried.

2004/12-59 Motion by Lepper, seconded by Briggs to defer the Solid Waste Advisory Committee’s recommendations for increasing the solid waste revenue stream for 2006 budget consideration to a Board committee to be scheduled no sooner than March to allow time to monitor impacts on County funding by the State due to their deficit problem. Voting yes: Hanson, Briggs, Lepper; absent for vote: Pavleck, Adee. Motion carried.

2004/12-60 Motion by Briggs, seconded by Lepper to adjourn the meeting at 2:46 p.m. Voting yes: Hanson, Briggs, Lepper; absent for vote: Pavleck. Motion carried.