SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, April 26, 2005; 10:00 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Melissa Fuller, Bob Jamison, Ann Scholler, Deb Brown, Terry Glowack, Terry Murray, Richard Lehtinen, Steve Blair, Larry Arch, Tom Toratti. Pat Larson, Einar Sundin, Larry and Elaine Beach, Walt Whitbeck, Tom Fuller, Judy Fuller, Mark Trompeter, Marv Kruskopf; Reporters Mike Freeman, Roger Jerome and Laurel Beager

2005/04-39 Motion by Adee, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-40 Motion by Briggs, seconded by Adee to approve the minutes from the April 19, 2005 regular meeting. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-41 Motion by Lepper, seconded b Adee to approve payment of the Health Department claims in the amount of $14,951.13 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: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-42 Motion by Lepper, seconded by Adee to retain the services of Attorney David Meyers to assist the Survey Committee in its plan to inventory and make a record of established public accesses in the County and further, allocating up to $4,000 from the 2005 Legal Budget for this service. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board acknowledged written comment submitted by Melissa Fuller, property owner on UT 224 opposing inclusion of their area in the Jackfish Sewer Project. Mrs. Fuller requested an answer to the recent petition submitted by 14 property owners on this road to be excluded from the sewer project as it was her understanding the inclusion of the road was based on a petition at the start of the project with only six signatures wanting the sewer. The Board Chair stated that approval of the project by resolution of the County Board includes UT 224. The Board Chair stated that due to pending litigation on the sewer project, the County’s legal counsel advised the Board not to discuss the project. Mrs. Fuller stated concern for her family and others who financially can not afford the price of the sewer and she believes the UT 224 area was included only to add more hookups to help fund the project.

000 The Board Chair informed the Board that the ATV bill to retain state forest roads and trails as managed north of Highway 2 passed out of the House Committee and is now headed to the House Floor where there may be attempts to try to strip the language. There is no bill on the Senate side so it is anticipated the ATV/OHV issues will be finalized in conference committee. With regards to PILT payments to counties, it appears that the bill to freeze increases in PILT payments will stand. Board members stated that counties through their associations need to strongly express their opposition, including a possible legal challenge, to send the message to the State that this is money due counties in lieu of taxes on state owned land and that a permanent freeze is not acceptable.

2005/04-43 Motion by Lepper, seconded by Briggs accepting the recommendation of the License Committee for penalty settlement under the County’s Liquor License Ordinance for Rainy Lake Spirits, Loon’s Nest and Thunderbird Lodge. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-44 Motion by Lepper, seconded by Adee accepting the recommendation of the License Committee to revise the County’s Liquor License Ordinance updating language, hearing procedures and definition of eligible applicants and further, to set a public hearing on May 24, 2005 during the special Board meeting to review and receive public comment on the proposed revised ordinance. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The County Board requested a recommendation from the License Committee to establish a penalty structure for violations of the County Liquor Ordinance as penalty structure under the Ordinance is vague. The License Committee submitted a recommendation for first, second and third and subsequent offenses which was reviewed by the Board. The penalty structure would be approved by Board motion as to make it a part of the Ordinance would require revision of the Ordinance to change it. The penalty structure provides discretion to the Liquor License Committee to recommend a minimum to maximum penalty in each offense category based on the merits of each violation with the County Board to have final approval of the penalty settlement.

2005/04-45 Motion by Lepper, seconded by Adee accepting the Liquor License Violation Penalty Structure as recommended by the County’s License Committee as follows: First Offense: A minimum fine of $300 and/or other penalties subject to the discretion of the liquor license committee with approval of the County Board. Second Offense: A maximum fine up to $1,000. The violation could result in suspension/revocation of liquor license for up to 60 days subject to the discretion of the Liquor License Committee with approval of the County Board. Third and Subsequent Offenses: A maximum fine up to $2,000. The violation could result in complete revocation of licenses subject to the discretion of the Liquor License Committee with approval of the County Board. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-46 Motion by Adee, seconded by Lepper to approve a service agreement with Northland Counseling for a new adult foster care home, funded by state dollars, as recommended by the Community Service Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-47 Motion by Lepper, seconded by Pavleck to approve a revised privacy and security agreement with the Department of Human Services for HIPAA compliance as recommended by the Community Service Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-48 Motion by Lepper, seconded by Briggs accepting the recommendation for the following Foster Day Care and Day Care Licensing: case #35600 relicensing for group family foster care for six children and for group family day care for fourteen children; case #50779 relicensing for group family day care for twelve children and for foster care for three children; case #67890 closing home for family day care at provider’s request; case #25915 relicensing for family day care for ten children. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-49 Motion by Lepper, seconded by Briggs accepting low quote of $17,384 from Ewald Enterprises for expansion the LEC fire alarm system to the Courthouse basement as recommended by the Complex Superintendent. Funding allocated in the 2005 Sinking Building Budget. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Complex Superintendent submitted quotes for a 2nd Floor Courtroom area and LEC A/C unit with Shannon’s Plumbing and Heating having low quote of $9,045. The Superintendent stated that an additional $5,500 will be needed for installation including electrical work, unit stands, crane service and miscellaneous expenses bringing the total estimated cost at $14,550.

2005/04-50 Motion by Lepper, seconded by Adee accepting low quote of $9,045 from Shannon’s Plumbing and Heating for two AC units for the 2nd Floor Courtroom area and LEC squad room as recommended by the Complex Superintendent. Funding allocated in the 2005 Sinking Building Budget. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-51 Motion by Pavleck, seconded by Lepper authorizing expenditures up to $5,500 from the 2005 Sinking Building Budget as part of the expense for the 2nd Floor Courtroom and LEC AC Unit project as recommended by the Complex Superintendent. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Complex Superintendent and ODC Program Coordinator presented a request to extend the current service agreement for cleaning services for six months so that the contract will run on a calendar year rather than June 1st and to allow time to see if there is a change in the minimum wage rate in the current legislative session. The cleaning contract with ODC has a two year term. The ODC Program Coordinator informed the Board that at the current minimum wage rate their janitors are barely make an income and that the Agency is looking to increase the janitors wage rate to improve their income level and proposing an increase of $4,273 a year not including any additional cost for an increase in the minimum wage rate, should it occur. This proposal would increase the current annual contract cost from $39,910 to $44,184. If looking to implement the increase for the six month extension in 2005, it would cost an additional $2,100 and would increase budget costs for Complex, Highway and Community Service Departments based on the share of cleaning cost they pay now. The Board requested a copy of the current and proposed service agreement costs, County Departments’ share of costs and their current budget amount for cleaning service and past service quote information for further review before taking action on the request.

2005/04-52 Motion by Briggs, seconded by Pavleck accepting the recommendation of the Planning Commission to approve CUP #0501 and REZ #0501 for Tim Shuff and Stuart Milette for commercial storage facilities on property described as Lot 20, Auditors Plat 27 located west of the intersection of Hwy 332 and County Road 2. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director presented a denial from the Planning Commission for Eugene and Patricia Larson’s application to create a 25-lot subdivision for a plat titled Plat of Rolling Acres. The Director stated the Planning Commission’s primary concern is that the site plan is too constrained and there were also hydrology concerns raised. Larry Arch, representing the Larson’s in their plat application, asked that the Soil and Water Technician be able to present his findings on hydrology on this land. The Soil and Water Technician stated that his review found no drainage issues or other hydrology concerns associated with this development. In response to the Board’s question, the Director stated that the review by Soil and Water on hydrology was not presented to the Planning Commission or other detail as the Commission felt early on that the plat had too many lots and did not approve of the site plan. Some Board members felt this development would be beneficial for the Littlefork area and should be further reviewed.

2005/04-53 Motion by Pavleck, seconded by Briggs to refer the application for the Plat of Rolling Acres back to the Planning Commission to further review details of the Plat to include a report on hydrology. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/04-54 Motion by Pavleck, seconded by Adee authorizing the Highway Engineer to fill the vacant Senior Engineer Technician position under the County’s Hiring Policy as reviewed by the Personnel Committee. Voting yes: Hanson, Adee, Briggs, Pavleck; absent for vote: Lepper. Motion carried.

2005/04-55 Motion by Pavleck, seconded by Adee accepting the Highway Engineer’s recommendation for awarding low bids as follows: Tom Netland as low bidder for tandem axle dump truck and James Kennedy second; James Kennedy as low bidder for tractor and trailer combination and Tom Netland as second; riveted and spiral corrugated steel and aluminum coated spiral culverts to Johnston Fargo; concrete culverts to Elk River Concrete Products; arch and box concrete culverts to Hancock Concrete Products; nuisance beaver removal awarded based on specific zones for servicing county roads accessible by two wheel drive pickup, county land accessible by ATV and county land accessible by foot or canoe with details of the bid award on file in the Highway Department. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair opened public comment at 11:30 a.m. Judy Fuller presented her concerns to the Board that the cost of the sewer project will force her son and his family out of their home and felt the County, from the onset, should have been working with this family and others not able to afford the sewer. Marv Kruskop received information on two other sewer projects similar to the one for the Jackfish area and was informed there have been grinder pump problems and that there has to be a continuous power supply for this system as needs to operate 24/7. Mark Trompeter wanted help from the County to collect water samples from the Jackfish Bay area to send to a testing facility to check the pollution in the water and to use this as a base for future water quality comparison after the sewer goes in. Larry Beach handed out information on location of easements on his and adjacent properties and again stated concerns with the easement location. Elaine Beach affirmed their concern on the line location and felt that location of line easements seemed to be handled differently for members on the sewer committee. Melissa Fuller informed the Board again they will not give an easement for $1.00 and once the issue is settled in court, the County will be paying for the line installation and hookup on their property as the County should have had all the easements settled before beginning the project. Walt Whitbeck stated that according to information provided him on the easement, he will have two grinder pumps on his property, his and his neighbors. Tom Fuller felt the third floor courtroom will not be large enough for the people attending the assessment hearing on May 3. The Board Chair closed public comment at 12:00 p.m.

2005/04-56 Motion by Adee, seconded by Lepper to adjourn the meeting at 12:00 p.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.