2006 ELECTION OF COUNTY BOARD CHAIR AND VICE CHAIR WAS CONDUCTED BY THE CLERK TO THE COUNTY BOARD ON TUESDAY, JANUARY 03, 2006; 9:30 A.M. BY UNANIMOUS VOTE COMMISSIONER KEVIN ADEE WAS ELECTED AS BOARD CHAIR AND BY UNANIMOUS VOTE COMMISSIONER CHARLES LEPPER WAS ELECTED AS VICE CHAIR.

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, January 03, 2006; 9:45 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Marty Cody, Terry Murray, Doug Grindall, Attorney Jerry Shermoen, Richard Lehtinen, Dan McCarthy, Paul Mielke, Larry and Elaine Beach; Reporters Roger Jerome, Shawn Gilmore, and Laurel Beager

2006/01-01 Motion by Pavleck, seconded by Briggs to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-02 Motion by Briggs, seconded by Lepper to approve the minutes from the December 20, 2005 regular meeting. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-03 Motion by Lepper, seconded by Pavleck to establish the elected Attorney, Sheriff, Auditor/Treasurer and Recorder positions’ minimum salary range for the term of office starting January 1, 2007 per MN Statute: beginning salary of 90% and increment 5% in six months with 100% salary in one year. Salary range includes the combination of any elected positions as authorized in MN Statute and approved by the County Board. Said minimum salary range will be utilized when vacancies occur in the elected office and an appointment has to be made by the Board. Those elected to the office will receive 100% of the salary set for the position. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-04 Motion by Pavleck, seconded by Lepper whereas the Koochiching County Board was notified by the County Sheriff in August of 2005 of his resignation from his elective term of Office of Koochiching County Sheriff, effective January 1, 2006; whereas Minnesota Statutes section 375.08 states that until an appointment to the vacancy in the Office of County Sheriff is made that the Chief Deputy may perform all the duties and functions of the Office; whereas the Koochiching County Board recognizes that the Sheriff’s Chief Deputy will, pursuant to Minnesota Statutes, perform the duties and functions of the Sheriff’s Office until the appointment to fill the vacant elected Office is completed by the County Board. Now Therefore Be it Resolved that the Koochiching County Board recognizes that Undersheriff John Mastin will perform as head of department for the Sheriff’s Office pursuant to state statute, and that in recognition of the additional duties and responsibilities of this role, Mr. Mastin’s salary is at 100% of the D61 until such time as the County Board appoints a Sheriff to the position. This resolution shall be effective January 1, 2006. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-05 Motion by Lepper, seconded by Pavleck ratifying 2005 year-end payments approved under Board Motion 2005/12-25 in the amount of $10,579.29 as presented by the Auditor/Treasurer Department; to ratify payment of 2005 claims to Attorney Lyndon Larsen in the amount of $5,120.26 and Shermoen & Jaksa PLLP Law Firm in the amount of $1,135.61 (2005/12-24 claims paid in 2005 since meeting with County Attorney was a month or more out); to approve payment of the County Board’s monthly expense claims in the amount of $7,887.43; to approve payment of the 2006 AMC dues in the amount of $6,842 (includes General Association, Health Association and Social Service Association dues); to approve payment of the 2006 NACO dues in the amount of $380.00; to approve payment of the 2006 ACA fees in the amount of $2,400.00. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-06 Motion by Hanson, seconded by Briggs to discontinue payment of the Board of Prisoners to the County Sheriff as of January 1, 2006 and as directed by the Undersheriff the Jail Cook will continue to purchase groceries for the Jail meals with the County paying the grocery vendors directly and further, that through the County’s Management Committee a review of meal service options for the Jail will be conducted with the Undersheriff. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-07 Motion by Lepper, seconded by Hanson to award the low and only 2006 publication bid to the Daily Journal and Northome Record as a joint bid with a 2% rate increase from 2005 rates. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair requested Commissioners to review the County Committee List and appointments and provide change requests or comments to him within two weeks. The Board Chair will make 2006 appointments by month end.

2006/01-08 Motion by Lepper, seconded by Pavleck to approve a Minnesota Lawful Gambling LG230 Application to conduct off-site gambling to the Rainy Lake Sportsfishing Club for the annual fishing derby on February 26, 2006 on Rainy Lake. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-09 Motion by Hanson, seconded by Lepper to support a list of recommended state mandates on counties that should be eliminated or modified and to request the State Auditor to post such list of state mandates for the state legislature to consider for removal or modification as authorized under state legislation. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board was informed that Home Health Aide Marie Zaren resigned her employment as of October 31, 2005.

2006/01-10 Motion by Pavleck, seconded by Briggs that due to receiving additional qualified applicants for a County Appraiser and due to the backlog in appraising in the County, to accept the recommendation of the Assessor to hire an additional appraiser in lieu of filling the vacant Assessor Clerk position with the Assessor and Coordinator to revise the 2006 Assessor Budget and Budget contingency to reflect additional operating expense for the added appraiser and savings from the adopted assessing plan funded in the 2006 Budget Contingency. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 Due to the possible absence of Board members for the January 10, 2006 meeting, the Board Chair added discussion of the next Board meeting to the agenda

2006/01-11 Motion by Pavleck, seconded by Hanson authorizing the Community Service Department to replace two leased photocopy machines with upgraded leased machines (network and fax capabilities) at a lower cost as recommended by the Community Service Director and I.S. Manager. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-12 Motion by Pavleck, seconded by Lepper approving a rate variance request by the Occupational Development Center for day training and habilitation programs to the MN Department of Human Services as recommended by the Community Service Director. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-13 Motion by Lepper, seconded by Briggs to renew the following service agreements for 2006 as recommended by the Community Service Director with no change: State of MN Social Worker, Range Mental Health Center and Rational Alternatives. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-14 Motion by Hanson, seconded by Pavleck to renew a service agreement with the Occupational Development Center for 2006 with an increase in the agreement amount for expanded service as recommended by the Community Service Director. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-15 Motion by Lepper, seconded by Pavleck to renew a service agreement with the Northeast Office of Jobs and Training for 2006 at a reduced amount due to a drop in cases as recommended by the Community Service Director. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-16 Motion by Pavleck, seconded by Hanson to renew 2006 service agreements for Pineview Detox with a 2% increase, Pineview Extended Care with a 5% increase and Pineview Primary Care with a 5% increase as recommended by the Community Service Director. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Community Service Director was asked to speak on the cost of contracted legal service through the County Attorney’s Office for child support and commitment legal services. The Director stated that since the Board raised concerns with this increased cost last September, the Child Support Unit consolidated their meeting time with legal counsel which decreased cost. The other part of legal cost for child support comes from utilization in the County Attorney’s Office, which his department has no control. With regards to commitments, the Community Service Department is involved in the process but legal service is controlled by the County Attorney’s Office. The Director stated his intent to meet with the County Attorney to further review legal cost for Child Support services. The Board asked that their concern with the substantial increase in contracted legal services through her department be expressed and that a meeting with the Board be scheduled to review this matter.

000 The Community Service Director informed the Board of a meeting on January 9, 2006 to review regionalizing health care for clients. Under the current process, HMOs receive state funding to case manage health care for eligible clients. Those clients not eligible for state funding are given to the counties to manage. The meeting will focus on whether counties can regionalize managed health care to serve all clients needing health care.

000 Attorney Shermoen again presented his client’s request to open a portion of an old town road established in 1906. As requested by the Board at the last meeting, notice of this request was sent to the four adjoining property owners and presented to the Board was written comment by one property owner opposing the road opening. The request to open the road is limited to access to his client’s property. It would remain a public access and his client will pay the cost to establish the access and maintain it. Because development will be from the County Road to his client’s property, traffic would be minimal. Commissioner Hanson felt that developing a public access under a document over 100 years old was insufficient to allow it. He stated that the property owner could request a cartway where access would be allowed but through negotiations with the property owners. Attorney Shermoen stated that there is visual evidence that this public road was once established. The Highway Engineer felt that in keeping with the County’s position that public access should be retained where possible in the County and the fact that evidence exits to support existence of the public road, he would recommend that the request be granted.

2006/01-17 Motion by Pavleck, seconded by Briggs authorizing the request to open a portion of road established under Town Order dated July 14, 1906 for access to property owned by P & H Land Company with the portion of road to be opened described as commencing at the southeast corner of Government Lot 8, Section 27, Township 152, Range 27, then running east along the south section line of Sections 27 and 26 to its intersection with County State Aid Highway 25. Further that such access will remain a public road under Town Order and all cost for developing and maintaining the access will be borne by the property owner. Voting yes: Adee, Lepper, Briggs, Pavleck; voting no: Hanson. Motion carried.

2006/01-18 Motion by Pavleck, seconded by Briggs to add to the agenda the Highway Engineer’s request to approve the annual bridge inspection certification. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-19 Motion by Lepper, seconded by Hanson accepting the Highway Engineer’s certification that the Annual Bridge Safety Inspection for the year 2005 has been completed as required by MN Statute 165.03, Subdivision 3 and Minnesota Rule 8810.9000 and that reports of those inspections have been filed with the County Auditor. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-20 Motion by Hanson, seconded by Lepper whereas Darwin Troy worked a total of twenty-eight years as a Canister Site Operator in the Northome/Mizpah area and served as a member of the County Solid Waste Advisory Committee (SWAC) from May 1997 through May 2005; and whereas Darwin distinguished himself as a fine Canister Site Operator in serving the public; and whereas the Koochiching County Board of Commissioners is grateful for the many years of service Darwin has devoted to the Northome/Mizpah canister site. Therefore be it resolved that the Koochiching County Board of Commissioners commends Darwin Troy for his many years of service as a canister site operator and presents Darwin Troy a Certificate of Recognition for his many years of fine work for the County. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/01-21 Motion by Pavleck, seconded by Hanson adopting the following resolution for application of grant assistance for a plasma gasification waste to energy plant in Koochiching County:

Whereas, Koochiching County has made application for a solid waste processing facilities capital assistance grant to construct a plasma gasification waste to energy plant.

Therefore be it resolved, that the Koochiching County Board of Commissioners on behalf of Koochiching County will implement the project, provide necessary local financing and accept and exercise the governmental powers necessary to develop and operate the project; and

Be it further resolved that the Koochiching County Board of Commissioners authorizes the Board Chair to sign the Preliminary Capital Assistance Program Grant application on behalf of the applicant. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director presented a request by SWAC to increase the price of the solid waste coupons by 10%. The primary reason for making this recommendation is that coupon prices have not been increased since 1993 while other solid waste fees/assessment have been increased, with the most current increase coming from a requested recommendation from SWAC to the County Board in 2005 to increase the revenue stream for the Solid Waste Budget. The recommendation to increase the coupon prices will bring in an approximate $6,000 more of revenue for the Solid Waste Budget and keep the coupon prices in line with increases given in the other solid waste fees/assessment. Board members expressed concern with the only reason for increasing the coupon price is because other fees/assessment were increased and lack of evidence that because hauler fees increased people will move to buying coupons and deliver their own waste to the Transfer Station. It was also noted that those living in the most rural areas of the County who buy coupons and bring their waste to transfer station sites also incur travel expense. Other Board members felt the increase in solid waste fees should be consistent. If the increase is approved, the Environmental Service Director stated it would be implemented sometime in 2006, after notification to the public and replacing the old coupons with the new coupons at vendor selling sites. Sold coupons would be honored.

2006/01-22 Motion by Lepper, seconded by Briggs accepting the recommendation of SWAC to increase the solid waste coupon prices by 10% to keep the solid waste fee/assessment structure consistent with implementation of the new coupons in 2006 as directed by the Environmental Service Department. Voting yes: Adee, Lepper, Briggs; voting no: Hanson, Pavleck. Motion carried.

000 The Environmental Service Director provided an update to the Board on the Jackfish Sewer Project. Construction is at a lull, with the project a quarter of the way through completion. The storage tank is near completion, 4 lift stations have been installed and about 30,000 feet of sewer pipe is in the ground. The directional drillers are preparing to drill through rock either on January 9 or 16th. For the next few weeks little work is expected to be done on the project. In February, a request will be presented to the Board to authorize all condemnations necessary to complete construction.

000 The Board Chair called for public comment at 11:50 a.m. Dan McCarthy expressed his continued concern with the increasing cost of legal service through the County Attorney’s Office. He also stated his concern with increasing the solid waste coupon price based on the reason provided in the recommendation. Paul Mielke stated that to date he has not received a legally described sewer easement to show exactly where his easement route is located on his property and wondered how the County can begin condemnation when property owners have no idea where the easement is on their property. Mark Trompeter asked who is responsible for damages due to blasting for the sewer project. He stated that damage was done to his property due to the blasting. He was directed to contact Wagner Construction. Elaine Beach agreed with Mr. Mielke that they have no legally described easement route and it was their understanding from project representatives visiting them in July they would receive this information. Commissioner Pavleck stated that final easement routes are being produced as the system is being built. Larry Beach wants the Board to answer their questions. The Board Chair directed that he put his questions in writing and submit them to the Coordinator for review by the Board. With no other comment, the Board Chair closed public comment at 12:05 p.m.

000 In review with the Board on agenda items and Board members absence for next Tuesday’s meeting, the Board Chair cancelled the January 10th Board meeting, deferring business to the January 17th meeting.

2006/01-23 Motion by Pavleck, seconded by Hanson to adjourn the meeting at 12:05 p.m. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.