REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, November 1, 2005; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Jaci Nagle, Richard Lehtinen, Dennis Hummitzsch, Doug Grindall, Jerry Shermoen, Mark Trompeter; Reporters Amanda Ricker and Mike Freeman

2005/11-01 Motion by Adee, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Hanson, Adee, Lepper; absent for vote: Briggs, Pavleck. Motion carried.

2005/11-02 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $53,384.00 and to approve payment of the monthly County Board expense claims in the amount of $6,725.04. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Hanson, Adee, Lepper; absent for vote: Briggs, Pavleck. Motion carried.

2005/11-03 Motion by Adee, seconded by Lepper authorizing expenditure up to $1,600 from the Recorder Technology Fund for two 20 inch flat panel monitors for ergonomics and space utilization purposes in the Recorder’s Department as requested by the County Recorder and recommended by the I.S. Manager. Voting yes: Hanson, Adee, Lepper; absent for vote: Briggs, Pavleck. Motion carried.

2005/11-04 Motion by Adee, seconded by Lepper to approve the minutes from the October 25, 2005 special meeting with correction (delete portion of sentence regarding home care in segment of minutes prior to motion to adjourn). Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/11-05 Motion by Lepper, seconded by Adee that at the recommendation of the Environmental Service Director to authorize John Gieser to perform the contracted services of Northome Canister Site Attendant starting in October 2005 and through the contract term of November 30, 2006 due to the unavailability of Darwin Troy to perform the remaining term of his contract and further, to authorize payment to John Gieser for a portion of the October contract payment, amount being $216.00, for services performed in the month of October. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/11-06 Motion by Lepper, seconded by Briggs adopting the following resolution supporting a plasma gasification waste to energy plant in Koochiching County and for seeking capital assistance revenue for said project:

WHEREAS, Koochiching County was approached by the Laurentian Resources Conservation and Development District with the idea of constructing a plasma gasification waste to energy plant in Koochiching County; and

WHEREAS, a plasma gasification facility holds the promise of being able to convert solid waste to an environmentally safe resource, such as electricity and glass tile; and

WHEREAS, a plasma gasification facility is expensive to build and operate and therefore requires thorough analysis before making a decision to own and operate such a facility; and

WHEREAS, the County Board believes it will need a Capital Assistance Program (CAP) grant to be able to construct such a facility should it ultimately be approved by the County; and

WHEREAS, the CAP grant application requires the County to adopt a resolution supporting the project and finding of consistency with the County’s Comprehensive Solid Waste Management Plan (CoSWMP).

THEREFORE BE IT RESOLVED that the Koochiching County Board of Commissioners supports a project to construct and operate a plasma gasification facility if it proves to be environmentally benign and economically feasible; and

BE IT FURTHER RESOLVED THAT the Board intends to make this project consistent with its CoSWMP when it is clear that the project is proceeding toward construction. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board of the State Court of Appeals decision determining the County either fully or substantially complied with all aspects of M.S. 116A as challenged in appeal by Eugene Beach et. al. in establishing the Jackfish Sewer Project.

2005/11-07 Motion by Lepper, seconded by Adee adopting the following resolution for submittal of the Housing Abatement Grant application for an Assessment Abatement Grant for low and moderate income Jackfish Bay Sewer property owners:

BE IT RESOLVED that Koochiching County acts as the legal sponsor of the Assessment Abatement Grant Application contained in the Business and Community Development Application to be submitted on Tuesday, November 1, 2005 and that the Board Chair and Environmental Service Director are hereby authorized to apply to the Department of Employment and Economic Development for finding of this project on behalf of Koochiching County.

BE IT FURTHER RESOLVED that Koochiching County has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life.

BE IT FURTHER RESOLVED that Koochiching County has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

BE IT FURTHER RESOLVED that upon approval of its application by the State, Koochiching County may enter into an agreement with the State of Minnesota for the above referenced project, and that Koochiching County certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described in the Compliance Section of the Business and Community Development Application.

NOW, THEREFORE BE IT RESOLVED that Board Chairman Mike Hanson and Environmental Service Director Richard Lehtinen, or their successors in office, are hereby authorized to execute such agreements and amendments thereto, as are necessary to implement the project on behalf of the applicant. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/11-08 Motion by Lepper, seconded by Adee to approve an Application for Repurchase of Forfeited Lands for Tina Boswell for property described as Lots 8A and 8B, Block 6, Plat of Hadler & Linstens Addition to International Falls per County Policy and as recommended by the Land Commissioner. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Land Commissioner reviewed with the Board a proposal for an ATV trail designation for the State Trails Grant In Aid Program. It appears the proposed trail alignment runs through wetlands and would use County road right of way. Before further review is done on the proposal, department heads were seeking comment from the Board on using County road right of way for a designated ATV trail. The Highway Engineer stated that roadside turf establishment has a cost of $8,000 to $15,000 a mile and that effort is being made to keep ATVs off road right of ways due to the damage they cause. Having an established ATV trail in the road right of way will mean continuous use and continuous damage to the road side and ditches. Board members expressed their position for not wanting additional expense to maintain and repair road right of way due to ATV usage but to support establishment of the ATV trail if a route can be found that would mitigate the County’s concerns. The next step in reviewing the proposal will be a meeting of State, County and Club representatives.

000 The request to open a portion of a road established by a July 14, 1906 Town Order was again reviewed with the Highway Engineer and Attorney Shermoen, representing the petitioner. In reviewing laws regarding Town Orders, the Title Marketability Act and Cart ways, the Board felt the best means of handling this request is to contact the adjoining land owners to notify them of the request to open this road and to see if they have objections. It was agreed the Petitioner and Highway Engineer would work together to get notice out to adjoining property owners informing them of the request to open a portion of road adjoining their property, where they could receive more information and how to submit their approval, objection and/or comment to the County Board on this matter.

2005/11-09 Motion by Lepper, seconded by Briggs to add bid results for the Tandem Axle Dump Truck to the agenda at the request of the Highway Engineer. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/11-10 Motion by Lepper, seconded by Adee awarding low bid to Skubic Bros. International for a tandem axle dump truck with plow, wing and sander in the amount of $130,733 as recommended by the Highway Engineer with payment to be made from the 2006 Highway Department Budget and that delivery of the tandem truck is anticipated in 2005 at which time the Highway Department spotter truck would be transferred to the Environmental Service Department. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:20 a.m. Mark Trompeter informed the Board that his second set of water samples from within the Jackfish Bay Sewer Project area will go to Northwest Technical Services in Virginia, MN (MPCA Certified Lab) for testing which he is doing on his own initiative after receiving no response from the County to assist him. In addition, he stated to the Board that he hoped the County will pay for the easement costs and not add the cost on to the sewer project, referencing the result of an eminent domain settlement on a road right of way. With no other comment, the Board Chair closed public comment.

2005/11-11 Motion by Briggs, seconded by Lepper to adjourn the meeting at 11:34 a.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.