SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, September 13, 2005; 9:50 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Dan McCarthy, Susan Congrave, Dennis Hummitzsch, Gary Thompson, John McCarthy, John Bruggeman, Harvey Devergsten, Robert Foss, Mark Trompeter, Paul Mielke; Reporters Laurel Beager and Roger Jerome

2005/09-19 Motion by Adee, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-20 Motion by Adee, seconded by Briggs to approve the minutes from the September 6, 2005 regular meeting with corrections. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-21 Motion by Lepper, seconded by Adee authorizing the Board Chair’s signature to the Auditor’s August vendor payment listing verifying its review and to approve payment to Laurentian RC&D Council, Inc. in the amount of $300.00 for annual membership dues. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-22 Motion by Lepper, seconded by Adee to approve the following 2006 tax levy for the following approved fire service taxing district and to pay the respective 2006 service contract amount: Fire District 3 (Birchdale) levy of $7,700 and contract payment of $7,700. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-23 Motion by Lepper, seconded by Briggs approving the proposed 2006 County gross levy at $3,398,307 (3% increase over last year of $98,980). The 2006 proposed levy breakdown is as follows: General Revenue - $1,448,307; Community Service - $1,200,000; Public Health - $100,000; Highway - $500,000; Environmental Services - $150,000. Further that the proposed 2006 County Levy qualifies for exemption from the Truth in Taxation Public Hearing requirement. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-24 Motion by Lepper, seconded by Briggs that as requested from the Solid Waste Advisory Committee to review solid waste fees and recommend increases in this revenue stream, to accept recommendations 1, 2, 3, 4 as follows: increase haulers tipping fee for compacted solid waste 10% or $22 per yard; increase haulers tipping fees for uncompacted solid waste to 1/3 of compacted; increase the residential assessment from $50 to $55 per year; increase the commercial base assessment from $50 to $55 per year and reach total cap of $100,000. Total anticipated revenue increase is $71,000 annually. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board reviewed information from AMC with regards to what counties could do to support relief efforts for victims of Hurricane Katrina. What is known is that each day unfolds where assistance is needed and that assistance is needed long term with the one constant being financial need. Through AMC, counties as members of the association can be assessed to provide financial relief, otherwise there is no legal standing for a county to make financial contributions. AMC will be considering this along with using some of the membership reserves to assist in the relief effort. The County Board will continue to monitor relief needs and what the County can do to assist.

2005/09-25 Motion by Adee, seconded by Briggs authorizing Board members’ attendance to a public luncheon with Governor Pawlenty on Wednesday, September 14 at 12:15 p.m. at the Holiday Inn in International Falls. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/09-26 Motion by Pavleck, seconded by Lepper acknowledging the minutes from the Professional Advisory Committee meeting of August 23, 2005. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Public Health Director expressed interest in sending three nurses out of state to assist the American Red Cross in relief efforts for hurricane victims. This opportunity would provide hands on emergency experience to nursing staff for local emergency preparedness planning and their time would be paid under the Emergency Preparedness Grant and the American Red Cross would pay their travel expense. There has been no request by the American Red Cross at this time for the County’s nursing staff but the Director would want them ready to respond if the call comes. The Board requested more detail on the plan to send staff and the request by the American Red Cross.

2005/09-27 Motion by Lepper, seconded by Adee to approve a service contract with Maggie McBride from September 1, 2005 through July 31, 2006 for the ENABL Program with funding from the ENABL Grant as recommended by the Health Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Health Director provided the Board an update on the various Department programs and activities.

2005/09-28 Motion by Lepper, seconded by Adee to approve a Repurchase of Forfeited Land for Janeen Larsen for property described as all of Block 1, all of Block 3 and Lots 20, 21, 22, 23 and 24, Block 4, all in the Plat of Gemmell under County Policy and as recommended by the Land Commissioner. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Land Commissioner reviewed for the Board the Department’s 2004 program activities and financial report.

000 Gary Thompson and other family members met with the Board to request an answer to their request to add family members names to County Lease #1 held by W.W. Thompson. This request was presented to the County Board on May 6, 2003 and to date they have not received a response. The Land Commissioner reviewed the portion of the County’s policy precluding non-county residents from having their name on a County lease, which is the case of the Thompson family. Additional information was also provided that County Policy allows no more than four names per lease and that before a name is added, the policy requires the Department to review the lease site to ensure compliance. The Board did review the County policy with the County Attorney where questions were raised on fair application of the Policy to non-residents. Board members were supportive to look at the policy application on a case by case basis. Board members expressed the need for the Tax Forfeit Management Committee to review the lease policy for equity in application and to include reviewing fees based on resident and non-resident status.

2005/09-29 Motion by Pavleck, seconded by Lepper that for the specific case of W.W. Thompson, County Lease #1, to override the non-resident exclusion in the County’s Lease Policy and allow non-resident family members to add their names to County Lease #1 within all the other terms and conditions in the County’s Lease Policy. Voting yes: Adee, Lepper, Briggs, Pavleck; voting no: Hanson. Motion carried.

000 Harvey Dvergsten met with the Board to voice his concerns with the terrible odor and health concerns with the application of bio-solids from the North Kooch Sanitary District to an agricultural field adjacent to his residence. He addressed the North Kooch Sanitary Commission with his concerns and requested they look at an alternative site. He feels the Commission is doing nothing about these concerns. Also in his review with the State, Mr. Dvergsten did not feel they were making application in accordance with what is required in their permit. John McCarthy, Executive Director for the North Koochiching Sanitary District, stated that the District is an independent arm of the state and operates under the laws of the State and requirements of the MPCA. Application of the bio-solids is done nation-wide and there is no record that this product or its application causes health problems. Under the program regulated by the MPCA, sanitary waste is safely recycled into a fertilizer byproduct. The fertilizer is than provided and spread by the District to those requesting it, at no cost to the land owner. Mr. McCarthy stated that the North Kooch District did review the health concerns raised by Mr. Dvergsten but found no evidence the nearby application was related to his stated health concerns. That North Kooch District is looking at the alternate site suggested by Mr. Dvergsten. Currently they are reviewing the area for wetland issues (working with Soil and Water District). If found to be a feasible site, the District would apply to the MPCA and await their review and permitting decision. Finally if approved, they would need the land owner to request the byproduct on his fields. The District can’t force it. The District is always interested in alternate sites. However, even if this other site works out, they would still apply the product to the current site as long as the land owner requests it. At this time the District is limited to distance due to the vehicle they have to transport and apply the byproduct. The vehicle is limited to 30 miles per hour on the road. Future capital replacement would upgrade this vehicle to provide for longer transport distance. Often the application is done in spring and fall to accommodate agricultural planting and harvest and that with all fertilizer it does smell. Applications to the fields must be limited, monitored and tested under the MPCA permit so it can not be over applied. The permit does not require the product be disked down in the soil or covered. In response to the question of what the District would do if no sites were available, the response is that they would have to contract to transport the product to a site wanting the material or willing to take the product with cost being the concern. Every Sanitary System has this public concern of recycling human waste to a fertilizer product but it has been proven safe and a good agricultural fertilizer. Board members asked what the County could do to help resolve this issue and the response was to keep the District in mind for alternate sites. Board members stated they did not think there were any possible County sites within the radius of the Sanitary Treatment Plant. Robert Foss affirmed Mr. Dvergsten’s concerns that it smells very bad, that it is a health issue in the area and added that it is going into the watershed. The people in that area do not want it. When asked of the District representative, he stated that the byproduct can be buried to help eliminate some of the concerns but the District would need to buy new equipment. Also disking it in the ground depends on the crop in the field. For a hay crop, you can not disk the fertilizer in the ground for example. The Board agreed to have the District Commissioner and Sanitary District Representatives continue to work on possible resolutions and include what the County could do to assist.

000 The Board Chair called for public comment at 12:24 p.m. Mark Trompeter questioned the Board as to the real reason for putting in sanitary sewer in the Jackfish Bay area and then shared the result of water testing done in 8 locations of the proposed sewer district. The result of the testing, done by Vermilion Community College, was favorable for clean water, absent coli form and E coli. Paul Mielke stated that with the evidence of the water being clean in the proposed sewer district area, there is no public purpose for the sewer project and that the County has to have a public purpose to condemn property for the easements. With no other comment, the Board Chair closed public comment at 12:35 p.m.

2005/09-30 Motion by Lepper, seconded by Adee to adjourn the meeting at 12:35 p.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.