REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, September 6, 2005; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Doug Grindall, Richard Lehtinen, Terry Murray, Steve Kluess, Steve Korstad, John Howard, Dan McCarthy, Pete Kalar, Gerald Wick, Dennis Gibson, Ann Goering, John Stein; Reporters Laurel Beager and Roger Jerome

2005/09-01 Motion by Adee, seconded by Briggs to approve the agenda with additions and deletions. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-02 Motion by Pavleck, seconded by Adee to approve the minutes of the August 23, 2005 special meeting. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-03 Motion by Lepper, seconded by Briggs to approve payment of the Auditor claims in the amount of $17,940.40, to approve the monthly County Board expense claims in the amount of $6,969.15 and to approve payment to Johnson, Killen & Seiler, P.A. for personnel legal service in the amount of $2,759.00. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-04 Motion by Lepper, seconded by Pavleck to approve the following 2006 tax levies for the following approved fire service taxing districts and to pay the respective 2006 service contract amounts: Fire District 1 (Northome) levy of $7,000 and contract payment of $7,820, Fire District 2 (Littlefork) levy of $38,000 and contract payment of $39,515, Fire District 2 (Loman) levy of $8,200 and contract payment of $8,200, Fire District 4 (Williams) levy of $2,200 and contract payment of $2,200, and Fire District 5 (Big Falls) levy of $15,000 and contract payment of $15,000. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-05 Motion by Pavleck, seconded by Lepper to approve the following 2006 tax levies for the following approved subordinate taxing districts and to pay the respective 2006 service contract amounts: Littlefork Ambulance Service levy of $23,000 and contract payment of $25,000, Northome First Responders Service levy of $6,048 and contract payment of $6,048, and Rainy River First Responders Service levy of $8,000 and contract payment of $8,000. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-06 Motion by Adee, seconded by Briggs to approve a revised MCIT Drug and Alcohol Testing Program Participation Agreement due to change in providers and expiration of previous agreement for the purpose of servicing drug and alcohol testing of employees under DOT commercial drivers testing requirements. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-07 Motion by Adee, seconded by Lepper that be it resolved Koochiching County agrees to approve the gambling permit for the National Multiple Sclerosis Society, Minnesota Chapter to conduct lawful gambling at the Woodland Inn at 4660 Highway 53, Ray, Minnesota for the MS Society’s premise permit period of January 1, 2006 through December 31, 2007. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-08 Motion by Pavleck, seconded by Briggs authorizing Board members attendance to a four-day workshop for gateway communities and land managers involved in National Parks as invited by the Voyageurs National Park Superintendent. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-09 Motion by Adee, seconded by Lepper certifying the following final contract values as recommended by the Highway Engineer: SAP 36-620-08 (City Beach Road) with Wagner Construction in the amount of $1,677,492.46 and SAP 36-646-02 (Rainier Beach Road) with Wagner Construction in the amount of $139,272.17. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director requested the County Board to set a hearing date for modifications to the assessment roll for the Jackfish Sewer Project. The final assessment roll for the project was filed in May 2005 and must be fixed by the Auditor by October 15, 2005. Certain amendments are needed to the roll before the fixed date of October 15, 2005. There are houses being constructed that now qualify for an assessment, some vacant lots were not on the original roll and will need to be added (vacant land policy will defer the assessment) and to add and/or delete assessments per policy for main dwellings and secondary dwellings. The hearing is specific to property owners that will have an assessment added, deleted or amended to the final assessment roll with such property owners notified of the hearing.

2005/09-10 Motion by Pavleck, seconded by Lepper to set the assessment hearing for modification to the final assessment roll for the Jackfish Sewer Project for Tuesday, October 4, 2005 during the regular County Board meeting with time to be determined and with notice of the date, time and location to the affected property owners. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director brought back a request to the County Board to authorize condemnation proceedings for four specific properties to obtain easements to construct the main line for the Jackfish Sewer Project. At the direction of the Board, the Director made a final attempt to reach settlement with these property owners. He met with three of the four owners and was not able to contact the fourth property owner, however, this person’s position was very clear from the beginning no easement would be given for $1.00 as were the position of the other three owners. As a first step in condemnation proceedings, an appraiser is acquired to determine the value of the easement which provides a better position for discussing settlement. At this time the positions are too far apart (project requests easements for $1.00 and property owners have placed a large value on the easement property). The condemnation proceeding is also lengthy and though efforts will continue to reach settlement with these property owners, if resolution is not reached the County will be prepared to proceed to court for settlement. With regards to directional drilling, nothing is definitive at this time though it appears from discussion that the drilling can be done in most areas but due to the limitation of the machine, drilling length is limited.

2005/09-11 Motion by Pavleck, seconded by Adee authorizing condemnation proceedings on the following four parcels of property in the Jackfish Bay Sewer Project area in order to acquire easements needed to construct the sewer main line: parcel #15-62-00050, parcel #15-62-00130, parcel # 15-85-00010 and parcel #15-86-00010. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-12 Motion by Briggs, seconded by Lepper authorizing the Environmental Service Director to mail a survey to property owners in the Jackfish Bay Sewer area seeking interest/qualifications for a low income assessment abatement program through the State. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-13 Motion by Adee, seconded by Pavleck that due to the unanticipated absence of the County Attorney, to defer review of legal service budget for her office and child support services to the 2006 County Budget review session and further, to approve the claim submitted to Attorney Lyndon Larsen for child support legal services in the amount of $7,338.31 and with further claims requiring County Board approval until the legal service budget deficit is resolved. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-14 Motion by Adee, seconded by Briggs to renew service agreements with School Districts 361, 362 and 363 for social worker services in the schools and to approve a new non-financial agreement with School District 361 for shared social worker services as recommended by the Community Service Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 Through a coordinated effort of Laurentian RC&D, Korridor Capital Advisors and Distributed Generation Solutions, a presentation was made to the County Board, other governmental representatives and the public on plasma gasification of municipal solid waste (MSW) as a potential development project for Koochiching County. Plasma gasification plants are operating in Japan and Europe. Gasification is not a burning process but rather the use of very high temperature in an oxygen deprived environment transitioning solids to plasma, the fourth state of matter. In addition to providing energy for power, it transitions waste into useful byproducts such as hydrogen, ethanol, biodiesel, vitrified glass, rock wool and more. Very few emissions are released in the gasification process. In the United States, three gasification projects are in progress with one already permitted for operation. These operations are designed to fit small and rural towns and will provide jobs, economic development, education and some level of energy security. In addition, the project is scalable and fits the available MSW feed stock supplies in most communities. Lastly, it will take waste products and transition them into energy and usable byproducts. Koochiching County would make the fourth plasma gasification development in the nation. Board members expressed their support to continue the study for this development but would proceed with caution. The Board Chair presented a letter of intent to the Board to continue the study of this development for the County and that legal counsel confirmed the letter is of general support and does not commit the County financially or otherwise.

2005/09-15 Motion by Adee, seconded by Briggs to authorize the Board Chair to sign a letter of intent to proceed with studies to determine viability of a plasma gasification facility in Koochiching County to process MSW and other local residues. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:50 a.m. Union Steward Pete Kalar, on behalf of the Sheriff Department union employees submitted a letter to the County Board with their position that filling the vacant sheriff position be done from within the Sheriff’s Department as they are concerned with possible damage to moral and function of the Sheriff Department with any outside appointment. Dennis Gibson stated that agriculture should be represented in further study/planning of the gasification project. Gerald Wick stated that agriculture in some areas moved to production of non-food crops for energy purposes. The Board Chair closed public comment at 11:55 a.m.

2005/09-16 Motion by Lepper, seconded by Pavleck to close session at 1:36 p.m. under the Minnesota Open Meeting Law for attorney-client privilege to provide litigation status, settlement demands and strategy for the case of Hervey vs. Koochiching County. Attending the closed session were the full County Board, County Coordinator, Attorney Ann Goering, MCIT Claims Representative John Stein. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-17 Motion by Lepper, seconded by Adee to open session at 3:50 p.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-18 Motion by Adee, seconded by Lepper to adjourn the meeting at 3:50 p.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.