REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, February 7, 2006; 9:30 a.m.

MEMBERS PRESENT: Commissioners Lepper, Briggs, Pavleck, Hanson

MEMBERS ABSENT: Commissioner Adee

OTHERS ATTENDING: Susan Congrave, Bob Peterson, Terry Glowack, John Mastin, Ann Scholler, Carl Brown, Doug Grindall, Glen Wright, Representative Irv Anderson, Walter Mai, Richard Lehtinen, Adam Scott, Joe Rahm, Lee Grim, Dan McCarthy, Paul Mielke, Larry and Elaine Beach; Reporters Laurel Beager, Shawn Gilmore and Jerry Franzen

2006/02-01 Motion by Pavleck, seconded by Briggs to approve the agenda with additions and deletions. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-02 Motion by Hanson, seconded by Briggs to approve the minutes of the January 24, 2006 special meeting. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 The Board was informed that LPN Elizabeth Bacon was hired on January 12, 2006 and LPN Jennifer Judy resigned on January 14, 2006 as temporary employees under the County Health Department’s Temporary Home Care Service Plan.

2006/02-03 Motion by Briggs, seconded by Hanson to approve payment of the monthly County Board expense claims in the amount of $7,494.67 and to approve payment to Johnson, Killen & Seiler in the amount of $4,467.33 for personnel legal services with payment from the 2006 Legal Budget. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-04 Motion by Pavleck, seconded by Briggs to renew a Physical Therapy and Occupational Therapy service contract with Falls Memorial Hospital for 2006 with an increase in the rate as recommended by the Health Director. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-05 Motion by Pavleck, seconded by Hanson that due to the State Auditor releasing Koochiching County for another three years for private audits, to request proposals for professional audit services for the audit years of 2006, 2007 and 2008. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-06 Motion by Hanson, seconded by Pavleck adopting the following resolution to support a proposed service facility plan to include a bus garage for the A.E.O.A. and their application for grant funds for the facility:

WHEREAS, Koochiching County intends to construct an 8,000 square foot heated facility on property owned by Koochiching County and located at the County Highway Garage in International Falls, Minnesota;

WHEREAS, this ten stall facility intends to provide vehicle storage to A.E.O.A. to operate their busing service, the Rural Fire Association to operate their rural fire service, one stall to Koochiching County to house the rescue airboat, provide shared office space to A.E.O.A. and the Rural Fire Association and house a wash bay to be used by all services located in the facility.

NOW THEREFORE BE IT RESOLVED that Koochiching County in partnering with A.E.O.A. and the Rural Fire Association, intends to construct a heated ten stall vehicle garage with office space and wash bay with the County to provide for the up front construction costs with each partner reimbursing the County based on their share of space and utilization.

BE IT FURTHER RESOLVED that A.E.O.A. submits a grant application to the State of Minnesota Office of Transit to request MnDot Capital Funds for the construction of the heated bus garage and office space in this partnership with Koochiching County. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 The Auditor/Treasurer reviewed the required Koochiching County Election Plan as required under the Help America Vote Act (HAVA) for expenditure of grants appropriated from the Secretary of State to establish voting methods used in each polling place to include accessibility for disabilities, privacy and independence. The draft plan was established through a committee of public officials and members of the public, addressing combining of polling places and mail balloting in some areas to accommodate the accessibility and equipment mandates of the Act. The Auditor/Treasurer stated that the next step to comply with the Act requires the County Board to hold a public hearing on the County HAVA Election Plan. Board members expressed concern with having to discontinue some polling places in the County as the public feels where they vote is as important as voting itself. The Board understands the mandates that have to be met and the cost-benefit analysis that would justify the need to discontinue some polling facilities.

2006/02-07 Motion by Hanson, seconded by Pavleck to set a public hearing for Tuesday, February 28, 2008 at 11:00 a.m. to receive public comment on the proposed County Help America Vote Plan as mandated under federal and state law to establish voting methods used in each polling place to include accessibility for disabilities, privacy and independence. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-08 Motion by Pavleck, seconded by Hanson accepting the recommendation of the Complex Superintendent to accept the low and only quote for backup snowplowing services for County facilities with Up North Builders with services funded by the County Car Pool Account (reference 2005/02-27). Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-09 Motion by Pavleck, seconded by Hanson to accept low bid for a 4x4 SUV and 4x4 one half ton Pickup from Wherley Motors for a final bid of $31,800 after trade in as recommended by the Undersheriff and as funded in the 2006 Sheriff Budget. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-10 Motion by Hanson, seconded by Briggs to approve a tower lease agreement with the City of Littlefork for placement of the County’s communication equipment at no cost and which will assist the City with its communication needs as recommended by the Undersheriff. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-11 Motion by Pavleck, seconded by Briggs authorizing the Undersheriff to purchase one defibrillator at a cost of $2,000.00 and up to two squad car cameras at a cost of $3,000.00 each with funding to come from the 2006 Sheriff Budget and Sheriff Zero Tolerance Account as recommended by the Undersheriff. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 The County License Committee submitted to the Board its position of “not in favor” of revising the Koochiching County Liquor License Ordinance to allow for the serving of alcoholic beverages until 2:00 a.m. at County establishments which are licensed to serve intoxicating liquors. Commissioner Hanson stated that he had not had a lot of public comment on this matter and would support the Committee’s recommendation. Commissioner Briggs did not feel she could support this recommendation without trying it first and stated there was very little public comment received on this matter. She feels the County should monitor but not dictate business policy. Commissioner Pavleck agreed with Commissioner Briggs stating again, that there was little comment on this issue and what he did hear supported changing the ordinance. Understanding the concern from law enforcement, he suggested a trial period. Commissioner Lepper, serving on the Committee, took his position from the strong comments received from Law Enforcement and the County Attorney. When asked about the solicitation for public comment on this matter, the Assistant Auditor stated that a letter informing of the request to change the ordinance and the date and time of the informational meeting was sent to each city and liquor establishments and that the meeting was advertised county-wide. Received for comment was a written letter from law enforcement stating their concerns and only a hand full of the public showing at the meeting, making no comment or supporting the change in the ordinance. No written or oral comment was received from the cities, public or liquor establishments. The Board opened the meeting to hear from Carl Brown who had made the request for the Ordinance change to allow his business to serve until 2:00 a.m. Mr. Brown stated that he was willing to work with law enforcement to establish parameters to lessen concerns they have with the 2:00 a.m. serving and wondered if the County could set conditions to limit what businesses would be eligible for the special license to serve until 2:00 a.m. The Board agreed that absent one Board member, they would prefer to discuss the matter when there is a full Board.

2006/02-12 Motion by Briggs, seconded by Hanson to table action on the County Liquor License Committee’s recommendation to deny changing the County Ordinance to allow serving alcoholic beverages until 2:00 a.m. until the February 14, 2006 Board meeting. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 Commissioner Lepper asked that the agenda item on the Clean Water Legacy Act be deferred to the next Board meeting at which time more information would be available.

2006/02-13 Motion by Hanson, seconded by Pavleck authorizing County Board members to attend a meeting as a County Board activity on the proposed County Gasification Project on February 24, 2006 at 10:00 a.m. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-14 Motion by Pavleck, seconded by Briggs accepting the recommendation of the Highway Engineer for award of the annual fuel bids: Courthouse furnace oil, Diesel #1 and #2 for Intl Falls, Transfer Site, and Littlefork to Rainy Lake Oil; Loman and Birchdale Diesel #1 and #2 to Cenex Coop Service; Silverdale Diesel #1 and #2 to Nagurski’s Corner; in-county service station bid to Freedom Value Center for unleaded gas and diesel #1 and #2; Nelson Store for unleaded gas; out-of-county service station bid to InterCity Oil Company, with price varied by location. Areas not listed reflect no bid received. Bid results on file in the Highway Department. Voting yes: Lepper, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

2006/02-15 Motion by Briggs, seconded by Pavleck supporting the passage of the Motor Vehicle Sales Tax Constitutional Amendment:

WHEREAS, Minnesota’s transportation infrastructure forms the backbone of the state’s economy and has a direct impact on future economic development;

WHEREAS, too many Minnesotans are being killed in traffic crashes on dangerous roadways;

WHEREAS, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with growing population and demand;

WHEREAS, local governments throughout the state are struggling to maintain local transportation systems while the state’s gas tax has not been increased since 1988;

WHEREAS, the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax, which has been viewed as user fee revenue, in order to fund both highway and transit systems including the current dedication of 54% of motor vehicle sales tax for transportation purposes;

WHEREAS, the legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the ballot November 7, 2006 asking voters if the remaining 46% of motor vehicle sales tax revenue, currently used for other purposes, should be used for highways and transit systems;

WHEREAS, passage of this amendment would mean an increase in stable revenue for highways and transit systems throughout the state that would rise to approximately $300 million per year once the transfer of revenue is fully phased in by 2011.

NOW, THEREFORE, BE IT RESOLVED that Koochiching County strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all the motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 In first review of the submitted Highway Engineer’s recommendations on proposed road and bridge projects reviewed at the public meeting on January 24, 2006, the Board supported his recommendation for CSAH 1 bridge replacement, CSAH 8 bridge replacement, CSAH 24 and County Road 108 road project, UT 488 road project, CSAH 18 road project and CSAH 77 road project. The Highway Engineer recommended that CSAH 92 be tabled at this time and recommended the CSAH 21 road project be dropped in which the District Commissioner agreed.

2006/02-16 Motion by Briggs, seconded by Hanson accepting the recommendation of the Highway Engineer to drop the proposed CSAH 21 road project in formulating the Highway Department’s five-year road system work plan. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 Discussion was held on the proposed CSAH 94 road project. Though the majority of comment received from property owners oppose the project as presented, the Highway Engineer recommends the project to mitigate safety concerns with regards to a hill and driveway in this road and also because the installation of the sewer system will further degrade the condition of this road. Commissioner Pavleck stated that it comes down to design and impact to properties on both sides. He again questioned whether the design could be mitigated to lessen property impact and keep it within CSAH funding standards, noting this occurred with past road projects. The Engineer stated that there is only so much shifting that could be done so where a shift might help one property owner, it will impact another. Commissioner Pavleck stated that based on the proposed design and the majority opposing it, he would not support the project. However, he was willing to hold his position if there was any chance of further review to come up with an alternate design to mitigate impacts to properties. The Highway Engineer stated that keeping in the CSAH standards, there may be some room for change but not enough to please all the property owners. He would recommend that the project be dropped for now.

2006/02-17 Motion by Pavleck, seconded by Hanson to drop the CSAH 94 road project from the Highway Department’s proposed five-year road system work plan with the understanding that if a revised design was presented to lessen impact on properties, the Board would again look at the project. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-18 Motion by Hanson, seconded by Pavleck accepting the recommendation of the Highway Engineer to drop the proposed CSAH 92 road project in formulating the Highway Department’s five-year road system work plan. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-19 Motion by Hanson, seconded by Briggs accepting the recommendation of the Highway Engineer to include CSAH 1 bridge replacement, CSAH 8 bridge replacement, CSAH 24 and County Road 108 road project, UT 488 road project, CSAH 18 road project and CSAH 77 road project in formulating the Highway Department’s five-year road system work plan. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-20 Motion by Pavleck, seconded by Briggs accepting the recommendation of the Highway Engineer in formulating the Highway Department’s five-year road system plan to revoke County State Aid Highway No. 21 as a County State Aid Highway (Length 1.0 mile); to designate County Road No. 108 as County State Aid Highway No. 108 beginning at a point on County State Aid Highway No. 2, said point being at or near the east quarter corner of Section 10, Township 70 North, Range 24 West; thence in a southerly direction for approximately 1,500 feet along the east line of said Section 10; thence in a southeasterly direction through Section 14, Township 70 North, Range 24 West for approximately 3,900 feet to a point approximately 900 feet north of the center of said Section 14; thence southerly 900 feet to the center of said Section 14, and there terminating (Length – 1.2 miles); to designate Unorganized Township Road No. 488 as County State Aid Highway 102 beginning at a point on County State Aid Highway No. 138, said point being at or near the west side of the Southeast Quarter of the Northeast Quarter of Section 31, Township 71 north, Range 22 West; thence in a easterly direction approximately 0.65 mile and there terminating in the Northwest Quarter of the Northeast Quarter of Section 32, Township 71 North, Range 22 West (Length – 0.65 mile). Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 Glen Wright operating a guest ranch and mental therapy business in the Loman area addressed the Board with a concern of having to remove his business advertisement sign from a County Road right of way as directed by the Bemidji MnDot Office. From the information he obtained, MnDot would require he obtain a permit from them to place a business sign at this location. He stated to the Board that if MnDot actually controls signing on County roads and highways, the County should apply for an area wide permit and through the Planning Commission, determine locations for business signs. There are other small businesses in this area and these signs are important in advertising and locating the business. Commissioner Hanson would like the County to pursue this issue with MnDot to find out the reasoning so the County can decide what, if any, action needs to be done to support signage for these area businesses. Commissioner Hanson was not sure if the directive was driven by the road system beautification act and/or the scenic highway designation for Highway 11. Representative Anderson informed the Board that with regards to Mr. Wright’s sign removal, he has brought it to the forefront and feels it will be resolved.

2006/02-21 Motion by Hanson, seconded by Pavleck authorizing research be conducted to find out the reason for MnDot’s position to remove and disallow business signs from areas along Highway 11 through the efforts of the Highway Engineer and/or Environmental Service Director and upon receiving this information and determining the reason, to inform the Board and provide a recommendation as to seeking a resolution should it be required. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-22 Motion by Briggs, seconded by Hanson accepting the recommendation of the Environmental Service Director to accept the quote from Earl Boyum for tire hauling service for 2006. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 The Environmental Service Director provided names of three applicants to fill two vacant seats on the Planning Commission and names of two applicants to fill one vacant position on the Board of Adjustments. The Director explained to the Board that one member of the Board of Adjustments is required to also serve on the Planning Commission. At this time, one of the applicants for a seat on the Planning Commission now serves on the Board of Adjustment. The Environmental Service Director stated that all applicants for these vacant positions are very good candidates so other than maybe considering appointing the person serving on the Board of Adjustment to the Planning Commission, the Director provided no further direction.

2006/02-23 Motion by Pavleck, seconded by Briggs to appoint Joseph Prettyman to fill one of two vacant seats on the Planning Commission as he also serves on the Board of Adjustment and therefore satisfies the requirement that one member of the Board of Adjustment serve on the Planning Commission. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-24 Motion by Hanson, seconded by Pavleck to appoint Kelly Meyers to a vacant seat on the Planning Commission. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-25 Motion by Pavleck, seconded by Briggs to appoint John Kalstad to the Board of Adjustments. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

2006/02-26 Motion by Pavleck, seconded by Briggs that applicants not appointed at this time remain on a list for future appointments to vacant seats on the Planning Commission and Board of Adjustment. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.

000 The Environmental Service Director updated the Board on the Jackfish Bay Sewer Project. There has been a break through on the directional drilling and after conducting the necessary tests, the drillers feel directional drilling can be done for the bulk of the line installation but it will not eliminate the need to blast or dig in some areas and for some needs. Now that a direction is known for drilling, work will proceed to try to mitigate settlement with the 8 properties in which easements are needed for the main line.

000 Rainy River First Nations Watershed Program Coordinator Adam Scott provided the Board an overview of the Watershed Program which includes the border waters of Rainy River and partnerships with Koochiching County and state and federal agencies. In addition, Mr. Scott provided an overview of the 2006 Man-O-Min Conference to be held in April. Lastly he invited the County Board to the annual fish fry hosted by the Rainy River First Nations and that a formal invitation would be coming in the mail.

000 The Board Chair called for public comment at 11:58 a.m. Joe Rahm, property owner on CSAH 94, stated that the property owners need to see a before and after picture to really take a position on the Highway Engineer’s proposal to upgrade this road and he would like to see further review to see what other options are out there to improve the road. Lee Grim agreed with Mr. Rahm. He does not believe that the only option to review is the one presented by the Engineer. He would like to be able to see what the other options are and not just what is available for using CSAH funding. Dan McCarthy complimented the Board for not opening the agenda up for discussion on Rural Fire service when the agenda item was requesting support for a facility to seek grant funds and not about who would provide rural fire service. Paul Mielke stated that in looking at any road improvement plan for CSAH 94, keep in mind the need for drain off management. He also stated he is still waiting for a legal description for his sewer easement and that if the County is going to expend funds on appraisals and going to court, they should think about using these dollars to entice easement settlements. Larry Beach stated that the easement route on his property would mean losing his trees. Elaine Beach stated that on another property the easement route leaves very little room to work in. She asked what consent meant in referring to an earlier statement made by the Environmental Service Director. The Director stated that it would mean following the route proposed in the sewer plan and agreeing to the easement at one dollar. Mark Trompeter asked where he would find the legal description of the road right of way so he can determine if it is part of his property. He asked the Environmental Service Director what resulted to cause the spill at the sewage pond. The Director stated that he would need to contact the North Koochiching Sanitary District to answer this question. With no other comment, the Board Chair closed public comment.

2006/02-27 Motion by Pavleck, seconded by Briggs to adjourn the meeting at 12:14 p.m. Voting yes: Lepper, Briggs, Pavleck, Hanson. Motion carried.