SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, February 22, 2005; 9:30 a.m.

MEMBERS PRESENT: Commissioners Adee, Lepper, Briggs, Pavleck

MEMBERS ABSENT: Commissioner Hanson (out of town on county business)

OTHERS ATTENDING: Carl Brown, Jane Besch, Duane Nelson, Terry Glowack, Richard Lehtinen, Greg Williams, Tom Toratti, Steve Shermoen, Dennis Wagner, Paul Mielke, Mark Trompeter, Myrna Ahlgren, Raoul Lufbery, Walt Whitbeck; Reporters Laurel Beager, Jen O’Reily, Roger Jerome

2005/02-35 Motion by Lepper, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-36 Motion by Pavleck, seconded by Lepper to approve the minutes of the February 15, 2005 regular meeting. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-37 Motion by Lepper, seconded by Briggs accepting the recommendation of the Personnel Committee to deny a Courthouse Union Step 3 Grievance to adjust a member’s county service date. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-38 Motion by Lepper, seconded by Briggs to approve payment of the Auditor claims in the amount of $38,151.98, to approve payment of the Highway claims in the amount of $70,759.01, to approve payment to Flaherty & Hood in the amount of $1,418.92 for January lobbyist services with payment from the 2005 Legislative Budget, to approve payment of the Public Health claims in the amount of $22,964.40, 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: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-39 Motion by Pavleck, seconded by Briggs accepting the recommendation of the License Committee to approve an On Sale Intoxicating Liquor License from March 1, 2005 through December 31, 2005 for the Road House Nightclub, Inc. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-40 Motion by Lepper, seconded by Briggs to table action on the resignation and recommended replacement to the Koochiching Housing and Redevelopment Board for further review of the Board’s term limits, Board’s membership for county-wide representation and the process used to fill vacancies on the Board. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-41 Motion by Pavleck, seconded by Briggs accepting the recommendation of the I.S. Manager to purchase an upgraded photocopier for the Highway Department, Xerox Work Centre M20i at a price of $2,599, which will provide computer printing and scanning in addition to photocopying with payment from the 2005 Highway Budget. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-42 Motion by Lepper, seconded by Pavleck that due to the County’s responsibility under law to cover medical costs for inmates and medical expenses incurred to date for one inmate as submitted by the Sheriff, to acknowledge this unbudgeted expense in the 2005 Sheriff Budget and further, to monitor this line item expense throughout the year for any needed budget adjustment to cover the expense. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Sheriff presented a draft resolution that under Chapter 12 would model as a mutual aid agreement to provide or receive law enforcement assistance from other governmental entities. This resolution if adopted, would replace the need for individual mutual aid agreements. Language in the resolution stated that entity policies for compensation, use of equipment and liability coverage would dictate responsibilities in these areas and the question was raised as to whether the County’s policies in these areas agree with other entities so there is no question as to responsibility in mutual aid situations. The Sheriff agreed to further review the matter with the County Attorney and provide more information to the Board.

000 The Health Director requested the Board’s attendance to an INTV Public Health Orientation on March 14 and Board members agreed to attend if their schedules allowed. The Board received the 2004 Health Department’s statistical and financial report. The scheduled updates on homecare service and emergency preparedness will be presented at a later date by the Director. The Board was informed that the Health Department received a call from a resident in Northome who had high levels of radon in their home. After further review, the Health Department decided to conduct public education on radon and its dangers and have testing kits available for sale to the public. Radon levels are directly related to the mineral content in the ground so can vary from area to area.

2005/02-43 Motion by Lepper, seconded by Pavleck authorizing the Complex Superintendent to accept the low quote for a Boss V-Plow for the Complex pickup. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-44 Motion by Lepper, seconded by Briggs to adopt the following resolution approving the 2005 Natural Resources Block Grant Agreement:

NOW THEREFORE BE IT RESOLVED that the Koochiching County Board of Commissioners approves of Koochiching County entering into a Grant Agreement with the State of Minnesota to receive state funds for the implementation of its comprehensive local water plans, the administration of the wetland conservation act, administration of the DNR shoreland program, MPCA feedlot permit program, and MPCA ISTS program, under the terms of the Grant Agreement and all statutory requirements; and

BE IT RESOLVED that the Koochiching County Board of Commissioners authorizes the 2005 expenditure of $2,844.00 cash and $36,040.00 in-kind contributions to match the Natural Resources Block Grant and the Grant Agreement.

BE IT FURTHER RESOLVED that the Chairperson of the Koochiching County Board of Commissioners and the County Coordinator are authorized to execute the Grant Agreement together with all related documents. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-45 Motion by Lepper, seconded by Pavleck authorizing the Environmental Service Director to fill the vacant Transfer Station Operator position (reference 2004/11-08 which authorized recruitment for this position). Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board that Wayne Fuller was hired to the vacant Transfer Station Operator position with a tentative starting date of March 1, 2005.

2005/02-46 Motion by Lepper, seconded by Briggs to defer a request by the Environmental Service Director to retain the team leader position at the transfer station to the Personnel Committee. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board that on February 28 the option to withdraw from the sewer construction contract with Wagner Construction in the event of certain contingencies expires. The assessment hearing required for the project is planned for late March and the plaintiffs appealed the judge’s ruling on statutory procedure for the project. To date no other appeals have been filed but the timeline has not lapsed. Because of the uncertainties at this point, direction was needed on whether to retain the current construction contract, to invoke out clauses, to renegotiate the terms or end it all together. If the project continues to be delayed, the cost of the project in all aspects will increase substantially.

2005/02-47 Motion by Lepper, seconded by Briggs to retain the current sewer construction contract with Wagner Construction. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:37 a.m. Dennis Wagner informed the Board that a notice to proceed needs to be issued to Wagner Construction before he can proceed with work under the sewer construction contract and requested a timeline as to when this notice would be issued. The Director stated that State funding for the project is not available until after the assessment process is completed. The Board asked the status of easements for the project and stated that deadlines have to be established so easements are known at the time of construction. Paul Mielke read a statement to the Board that intimidation is being used against people who want to exercise their rights under the Constitution to full and just compensation for takings involved with the Jackfish Bay Sewer Project. Walt Whitbeck stated concern with the location of the sewer easement on his property due to the proximity to water sources.

2005/02-48 Motion by Pavleck, seconded by Lepper to add information on an ISTS Conference to the agenda at the request of the Environmental Service Director. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/02-49 Motion by Lepper, seconded by Pavleck authorizing the Board Chair to appoint one Board member to attend a MPCA ISTS Conference in Duluth, MN on March 21 and 22. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board reviewed information with the Environmental Service Director from a public hearing held by the MN Environmental Quality Board (EQB) for proposed rules to establish mandatory Environmental Assessment Worksheet and exemption thresholds for certain types of recreational trails, within statutory authority granted in MN Session Laws 2003, Chapter 128, article 1, section 167. Legislative authorization for adopting mandatory review and exemption categories for recreational trails was due to controversy over motorized recreational vehicle use in Minnesota. The Department of Natural Resources has undertaken a number of significant changes in how it manages recreational vehicle use on lands under its jurisdiction. The most significant action being taken is the legislatively-mandated analysis and reclassification of trails on state forest lands for motorized uses. By legislative action that process is exempted from any review under the Environmental Review program. The rulemaking action by the EQB to create the Environmental Review program is only a small part of the overall changes that are taking place with respect to recreational trails in MN at the present time. The vast majority of motorized trail designations for the foreseeable future will not be subject to the EQB rule adoption since the vast majority of such designations will take place under ongoing legislatively-exempted process. While not all possible state trail projects are part of the reclassification program, the resources needed for the reclassification effort will consume most of the DNR’s available trail planning staff so it is not anticipated that there will be many state projects potentially subject to these rules for a number of year. In the meantime, the rules will largely affect only local or regional projects, including grant-in-aid projects assisted by grants administered by the DNR. The Board directed the Environmental Service Director to review the information and provide a draft response to the Board at their March 1, 2005 meeting as public comment period ends on March 9, 2005. The Board is skeptical that this is just another attempt to have the state regulate local resources without local involvement.

000 The Board also discussed bills being introduced to establish a fee for the Impaired Water Initiative. Though the fee assessment varies, the minimum is a $36 annual fee for dwellings. The County would be required to assess and collect the fee and after retaining a small amount to cover administration expenses, forward the remaining balance to the State. The funding would then be allocated to various state agencies to administer grant and loan programs for governmental entities to seek assistance for specific water source projects. The Board is opposed to this bill due to the administration burden placed on the County to collect the fee as well as taking local dollars and giving it to the State when the dollars would be better invested in our own water source projects.

2005/02-50 Motion by Lepper, seconded by Briggs to adjourn the meeting at 12:36 p.m. Voting yes: Adee, Lepper, Briggs, Pavleck. Motion carried.