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

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Bob Peterson, Terry Murray, Terry Glowack, Deb Brown, Marty Gordon, Dan Larson, Dennis Hummitzsch, Richard Lehtinen, Walter Mai Jr.; Reporters Laurel Beager, Roger Jerome and Mike Freeman

2005/07-16 Motion by Adee, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-17 Motion by Briggs, seconded by Pavleck to approve the minutes of July 12, 2005 with correction (add missed motion). Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-18 Motion by Pavleck, seconded by Lepper to adopt the following resolution for enrolling County employees in the Courthouse AFSCME Union in a Post Employment Health Care Savings Plan:

Whereas, it is the intent of the Koochiching County Board to adopt a policy for implementation of a Post Employment Health Care Savings Plan for AFSCME Council No. 65 LOCAL UNION NO. 510, representing County employees in the Courthouse Chapter (hereinafter, the "Eligible Employees).

Whereas the Union has submitted a Letter of Understanding to facilitate implementation of a Post Employment Health Care Savings Plan Policy for Eligible Employees at 100% of vacation (including bonus vacation) and vested sick leave accumulations at time of employment separation.

Now therefore, be it resolved that the Koochiching County Board hereby approves the Letter of Understanding from the AFSCME Local Union No. 510, Courthouse Chapter to facilitate implementation of the Post Employment Health Care Savings through adopted Policy with the Minnesota State Retirement System for Eligible Employees of the Courthouse Union of which a copy is on file in the Administration Office.

Further, that implementation of the Post Employment Health Care Savings Plan is effective upon Board approval and execution of documents with the Minnesota State Retirement System for enrolling said Eligible Employees. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-19 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $29,707.84, to approve payment to Johnson, Killen & Seiler for personnel legal service in the amount of $2,655.50, to approve payment to Flaherty and Hood in the amount of $2,183.12 for lobbying service, to approve payment of the Highway claims in the amount of $96,466.58, to approve payment of the Public Health claims in the amount of $10,545.24, and to approve payment of Community Service Department’s financial and social service program claims and administrative claims as presented. Payment detail is on file in the Auditor/Treasurer, Highway, Public Health and Community Service Departments respectively. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-20 Motion by Lepper, seconded by Adee accepting low bid for grading and aggregate base for CSAH 15 to Red Lake Builders in the amount of $1,237,718.07 as recommended by the Highway Engineer. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-21 Motion by Lepper, seconded by Pavleck approving On/Off Sale Intoxicating Liquor and On/Off Sale 3.2% Malt Liquor Licenses to Northwoods Y, Inc. for the period of August 20 through December 31, 2005 and a Tobacco License for the period of August 20 through December 31, 2005 due to new ownership pending finalization of a purchase agreement as recommended by the Licensing Committee and Auditor/Treasurer. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Auditor/Treasurer updated the Board on a federal mandate on states under the Federal Help America Vote Act which provides funding to update polling places with voting equipment to allow all voters to vote privately and independently starting with the 2006 elections. The mandate provides $7,059 for each precinct for this voting equipment and additional funds of up to $3,000 per precinct may also be awarded for certain needed voting system upgrades. In order to access funding, counties must develop a local equipment plan that meets the need of the local jurisdiction. As part of this mandate and plan, polling places must be ADA accessible and equipped to handle the electronic voting equipment. The Auditor/Treasurer will form a county group to establish the local plan which will include city clerks and persons from the rural outlying areas. It is anticipated that some of the rural polling places will not be equipped to handle the electronic equipment and ADA accessibility. This coupled with the low number of voters in some precinct may result in moving polling places to nearby facilities equipped to handle the electronic equipment and that are ADA accessible. The County plan has a submission deadline of September 15, 2005 or 45 days after the voting machines are certified by the State which has not been done to date. The Auditor/Treasurer stated that annual maintenance costs for the machines is not considered in the funding and is a concern being raised at this time by the Auditors. Board members stated that voters in the rural areas will be mostly impacted by this change so it is important that they are involved in the planning. The Auditor/Treasurer agreed and will provide more information to the Board as it becomes available.

2005/07-22 Motion by Pavleck, seconded by Lepper accepting the recommendation of the Community Service Director to contract with ODC as the new provider for servicing the Day Activity Center at the Northland Day Activity Facility due to Range Center’s decision to discontinue services with a contract date of August 1 through December 31, 2005 with no change in rates and with annual contracts submitted thereafter. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-23 Motion by Lepper, seconded by Pavleck that due to the change of providers for the Northland Day Activity Facility, to cancel the lease agreement with Range Center and enter into a lease agreement with ODC for space in the Northland Day Activity Facility with an effective date of August 1, 2005. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-24 Motion by Lepper, seconded by Adee to approve a contract with First Plan of Minnesota for case management of elderly waivers due to the change by the state to place waivers under managed care as recommended by the Community Service Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-25 Motion by Lepper, seconded by Briggs to renew the service agreement with Northeast Entrepreneur Fund as recommended by the Community Service Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-26 Motion by Lepper, seconded by Briggs accepting the following Foster Day Care and Day Care Licensing recommendations: case #40279 relicensing for group family foster care for twelve children, case #02111 closing home for foster care services for a specific child that reached adulthood and case #07558 closing home for day care services at provider’s request. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-27 Motion by Pavleck, seconded by Adee authorizing the Complex Superintendent to replace the AC unit in the Forestland annex upon seeking quotes with a cost not to exceed $15,000 and with funding from the Sinking Building Account (1985 unit to be replaced). Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-28 Motion by Pavleck, seconded by Lepper revising the ODC cleaning contract for the period of August 1 through December 31, 2005 for increased rates due to the increase of the minimum wage rate as recommended by the Complex Superintendent. Motion further authorizes the following 2005 budget adjustment: increase the Complex Budget by $2,653, Community Service Budget by $1,780 with $890 of county dollars, no adjustment to the Highway Budget as increase is only $165. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-29 Motion by Adee, seconded by Lepper approving an ODC two-year cleaning contract from January 1, 2006 through December 31, 2007 at the August 1, 2005 rate subject to change with any further increase in the minimum wage rate as recommended by the Complex Superintendent. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board was informed that Jeremy Hasbargen was hired to the Heavy Equipment Operator position at Littlefork with a tentative starting date of July 26, 2005.

000 Dan Larson, Coordinator for the Minnesota Rural Counties Caucus (MRCC), met with the Board to ask their reconsideration for membership to the organization. The organization was formed by an initiative of Koochiching County but due to the organization forming as a branch of AMC, the County declined membership as wanted a stand alone rural counties organization (that the majority of AMC membership is urban and metro based and therefore creates a problem when rural counties submit issues of rural concern). Mr. Larson stated that the organization now has 23 counties as members and has proven itself to be a great network for rural counties. He gave the example of the DNR ATV trail closure issue in Roseau County and how this group was the first forum approached to address the problem. Each member county has a delegate on the Board with an alternate. Membership for the first year is $1,000 and thereafter $2,100 annually. Mr. Larson stated that MRCC is still tied to AMC but as a rural group they present a strong stand when taking positions with AMC. In addition, the group is always prepared to work outside AMC policy when there is a conflict in position. Though not a member of the organization Koochiching County has similar concerns and issues as those counties in the organization and at some level connect with this group when major issues come forth. Some Board members stated they would review the issue during the 2006 Budget process and others felt a temporary delegate should be appointed to review the organization and bring back a recommendation to the Board.

2005/07-30 Motion by Pavleck, seconded by Lepper authorizing pro rated membership from August 1 through December 31, 2005 to the Minnesota Rural Counties Caucus with the Board Chair to appoint the temporary delegate to attend the meetings during this time and bring a recommendation back to the Board for continued membership. Motion further authorizes expenditure of up to $500 from the 2005 Budget Contingency for membership dues for this period (based on $1,000 first year membership five months membership is $417). Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-31 Motion by Lepper, seconded by Pavleck granting a waiver of the timber permit extension fee for permit K2084 for Hartman Logging as the State Highway 65 Bridge was not passable for wood hauling for over one year and this situation was not known at the time of the timber permit purchase. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-32 Motion by Adee, seconded by Pavleck authorizing the sale of clay borrow for the County Highway road project CSAH 15 at .60 cents per yard with a preliminary estimate of 20,000 yards in addition to any fees for PCA storm water permit fees and timber damages as recommended by the Land Commissioner. This will be added to the contract specs for the project to make the material available to the awarded contractor should they need the material. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board was informed that Jason Caron will resign as County Forester on August 6, 2005.

2005/07-33 Motion by Adee, seconded by Briggs authorizing the Land Commissioner to fill a vacant forester position due to an employment resignation. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:45 a.m. No comment was provided.

000 The Board received a thank you letter from the Lake of the Woods Water Sustainability Foundation for their support of the Foundation’s initiative.

000 The Environmental Service Director reviewed an unanimous recommendation from the Planning Commission to allow a Conditional Use Permit to Walter Mai, Jr. for a paintball shooting range. Two public hearings were held on this request with a petition of 24 neighboring residents opposing the project and a petition of 135 residents supporting the project. Those opposing the project had concern with the business being compatible to the residential neighborhood as well as dust concerns as the roads in this area are gravel and the business will increase traffic. The plan submitted for the shooting range has established boundaries, will require protective equipment and games will be supervised and controlled. Those in support felt it was a needed youth activity for the community. Walter Mai, Jr. informed the Board that the City of International Falls recently placed calcium chloride on their portion of the gravel road (where the residents are located) and placed a speed limit sign of 30 miles per hour which should lessen concerns of dust and traffic.

2005/07-34 Motion by Pavleck, seconded by Briggs, accepting the recommendation of the Planning Commission in granting CUP #0504 to Walter Mai, Jr. to establish a paintball shooting range located off Town Road 219 described as the SE ¼ of the SW ¼ excluding the Railroad right-of-way, Section 4, Township 70N, Range 24W. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-35 Motion by Briggs, seconded by Lepper ratifying the actions of the East Koochiching Sanitary Sewer Commission at its meeting of July 21, 2005 amending their Regulations and Operational Procedures to reflect changes necessary to accommodate the expanded service to the Jackfish Bay area to include establishing the debt service and user fees for the district and accounting for funds for repair and maintenance and payment of the construction costs and/or loans; establishing the hookup fee for new connections within the district; and adding two members to the Commission residing in the Jackfish Sewer District. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/07-36 Motion by Pavleck, seconded by Briggs to adjourn the meeting at 1:50 p.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.