REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, October 18, 2005; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Terry Murray, Marty Cody, Richard Lehtinen, Muriel Severt, Ed Oerichbauer, Terry Glowack, Doug Skrief, Darlene Stobier, Larry and Elaine Beach, Dan McCarthy; Reporters Laurel Beager, Roger Jerome, and Mike Freeman

2005/10-30 Motion by Lepper, seconded by Briggs to approve the agenda with additions and deletions. Voting yes: Hanson, Adee, Lepper, Briggs; absent for vote: Pavleck. Motion carried.

2005/10-31 Motion by Briggs, seconded by Adee to approve the minutes from the October 11, 2005 special meeting. Voting yes: Hanson, Adee, Lepper, Briggs; absent for vote: Pavleck. Motion carried.

2005/10-32 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $42,144.00, to approve payment of the Highway claims in the amount of $208,555.97, to approve payment to Flaherty & Hood in the amount of $1,034.75 for lobbying services with payment from the Legislative Budget, to approve payment to Johnson, Killen & Seiler for personnel legal services in the amount of $609.00 with payment from the Legal Budget and to approve payment to Attorney Lyndon Larsen for September 2005 child support, guardian ad litem and commitment services in the amount of $6,541.52 with payment from the 2005 County Attorney Budget. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Hanson, Adee, Lepper, Briggs; absent for vote: Pavleck. Motion carried.

2005/10-33 Motion by Lepper, seconded by Adee that upon notification from the Airport Commission that the funding share from the County for the Airport Runway Project will be $75,000 payable in 2005 (already released) and $75,000 payable in 2006, to adjust the 2005 County Budget reducing expenditures and reserve spending from $300,000 to $75,000 for the airport runway project and to make a $75,000 expenditure and funding adjustment in the 2006 County Budget. Voting yes: Hanson, Adee, Lepper, Briggs; absent for vote: Pavleck. Motion carried.

2005/10-34 Motion by Lepper, seconded by Adee acknowledging the citizen petition submitted to the County Board opposing the expansion and construction of County Road 107 into a County State Aid Highway. Voting yes: Hanson, Adee, Lepper, Briggs; absent for vote: Pavleck. Motion carried.

000 The Board Chair placed discussion with the Highway Engineer on the proposed County Road 107 Project on the agenda for the October 25, 2005 County Board meeting.

2005/10-35 Motion by Lepper, seconded by Adee to approve a One-Day On Sale 3.2% Malt Liquor License to the Cingmars Farmers Club for the 2005 Annual Deer Hunters Dance on November 5, 2005 as recommended by the Licensing Committee. Voting yes: Hanson, Adee, Lepper, Briggs; absent for vote: Pavleck. Motion carried.

2005/10-36 Motion by Lepper, seconded by Briggs authorizing the Board Chair to send a letter to the Virginia City Council (cc. Task Force) requesting reconsideration of membership to the Highway 53 Task Force if verification finds that they have pulled their membership. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/10-37 Motion by Adee, seconded by Briggs to approve an addendum to the Stellher Human Services contract for revised service due to the decision by School District 361 to discontinue cost sharing this service and with funding from the Children Mental Health Grant as recommended by the Community Service Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 At the request of the Board, the Assessor informed the Board that the Department of Revenue will review the County’s assessing status and provide a response as to whether their service is available to assist in bringing the County’s assessing level to compliance.

2005/10-38 Motion by Lepper, seconded by Briggs approving the following Assessing Plan as recommended by the County Assessor and Personnel Committee: upgrade the County Assessor position from C43 to C51 based on department head and senior accreditation licensure responsibilities; upgrade the Assistant Assessor position from B32 to C41 based on management and accreditation licensure responsibilities; that the B32 Assistant position will be retained temporarily requiring staff to upgrade after obtaining accreditation licensure; create a new position of a B24 Appraiser II requiring specialist licensure; revise the B23 Appraiser I position for its minimum qualifications and job duties; create an Entry Level B22 Appraiser position as a temporary position requiring person to obtain the MN Certified Assessor License and advance to a B23 Appraiser I. Motion further authorizes the Coordinator to make the appropriate 2005 Budget adjustments based on staff meeting qualifications for position banding upgrades. Motion further authorizes the Assessor to fill a vacant and added appraiser position under the positions established in this Assessing Plan following the Union Contract for posting positions and the County Hiring Policy. Further the Assessor is required to report annually to the Board during budget reviews as to the effectiveness of this plan for improving assessing levels and to report and recommend on maintaining assessing staff levels with any upcoming retirements/vacancies. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/10-39 Motion by Pavleck, seconded by Briggs authorizing appraisal of four properties, PID 15-62-00060, 15-65-00300, 15-65-00310, 15-82-00050, where easement is needed for the main sewer line, which are in addition to the four parcels to be appraised under condemnation proceedings authorized under Board motion 2005/09-11. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/10-40 Motion by Lepper, seconded by Adee to approve the formation of a Water Plan Advisory Committee to update the County’s Water Plan as presented and recommended by the Environmental Service Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried. (Board Chair appointed Commissioner Adee as the County Board member on the Committee.)

2005/10-41 Motion by Pavleck, seconded by Briggs to appoint Wade Friend to a vacancy on the Solid Waste Advisory Committee, and at the request of the County Board, to have the Solid Waste Advisory Committee report on the remaining Committee seat vacancies established under the Solid Waste Ordinance. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Heritage Committee submitted a funding request to the County Board to obtain design plans for the Courthouse mural lighting and painting as well as wall painting in the historical portion of the Courthouse under the Courthouse Historical Master Plan. The design plan is needed in order to submit a grant application to the State Historical Society for project funding in their FY 2007 grant cycle (starts July 2006). The fluorescent lighting now used to light the mural is harmful to the painting. The funding request for the design services is $14,000 and would need in 2006. The Board Chair stated the funding request will be deferred to the 2006 County Budget review session for consideration. The Historical Society Director, at the request of the Board, provided an update on the County’s Centennial Event planned for 2006. The Director stated that only one committee meeting has taken place with the next meeting set in November so everything is still in its initial stage with nothing to report at this time. The Heritage Committee then reported on the Courthouse Cornerstone Project. The Committee’s plan would remove the stone and the 1909 time capsule and if the contents are in good shape, to preserve and display for public viewing as part of the County centennial celebration. Then when the Courthouse turns 100 years old in 2009, would return the historical contents along with a new time capsule. Some Board members felt the contents should be removed during the Courthouse centennial. All Board members agreed that the public should be notified of when the stone will be removed and the contents exposed but that the situation would be controlled for public safety around the construction site for removing the stone and that contents are viewed under strict preservation guidelines. The Committee members stated that if they removed the contents under their plan, it would happen in a very short period of time due to weather conditions.

2005/10-42 Motion by Lepper, seconded by Pavleck to allow the removal of the Courthouse stone containing a box of historical items with notification to the public as to when the event will take place and allow the public to view the process under safety and preservation controls and with the Heritage Committee to organize and oversee the project. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The DNR Fisheries Manager provided the Board a briefing of walleye regulations on Rainy Lake and the expiration of the current regulations on March 1, 2006. Starting in the 1980s proactive measures were taken to improve walleye populations in Rainy Lake with change in water levels and discontinuing commercial fishing. Next were changes in harvest regulations on both sides of the border, with MN regulations implementing slot limits and reducing possession limits. The current slot and possession limits have been in place for ten years and in this ten year evaluation, the Fisheries Division finds that the walleye populations, measuring production and catch, have positively improved, even with the increased angling pressure seen over the years. Under law the DNR is required to hold a public hearing before making a decision on walleye regulations as of March 1, 2006. The Fisheries recommendation is to extend the current walleye regulations for another 10 years. During this time the DNR would continue monitoring the walleye populations and if something changes meriting a change in regulations, there is a process in place for revising regulations. The Board Chair asked about harvest tags for sturgeon. The Fisheries Manager stated that under new legislation, a sturgeon harvest tag at a cost of $5 is created and is in addition to the license to fish sturgeon and that they would be looking to introduce it for Rainy River. Like the Wildlife Division uses deer tags, this sturgeon tag will help Fisheries regulate and monitor sturgeon populations. More information and the establishment of this harvest tag will come through the DNR rule making process.

000 The Board Chair called for public comment at 11:30 a.m. Darlene Stoiber requested clarification on what parcels were going to be appraised for the sewer project. The Board explained that eight parcels are being appraised, 4 under action taken by the Board in September and the 4 approved at today’s meeting. She questioned the notification to property owners selected for appraisal. She was informed that the appraiser would be contacting the property owner prior to conducting any appraisal on their property. Larry Beach again submitted a copy of M.S. 117.036 referencing negotiating under eminent domain proceedings. He stated that offering $1.00 or condemnation is not negotiating. Elaine Beach requested clarification on notification to the 8 property owners whose property will be appraised as she stated the first four were not contacted. The Board Chair stated that the first four property owners were contacted. Dan McCarthy requested clarification again on Board member’s not commenting on the Sewer Project during public comment period and requested the name of the Board’s legal counsel guiding the Board’s position. The Board Chair stated that they are advised not to comment on subjects of litigation and that the name of the County’s legal counsel is public information and available in the Administration Office. The Board Chair closed public comment at 11:37 a.m.

2005/10-43 Motion by Adee, seconded by Pavleck to adjourn the meeting at 11:37 a.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.