SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, March 14, 2006; 10:40 a.m.

MEMBERS PRESENT: Commissioners Adee, Hanson, Lepper, Briggs

MEMBERS ABSENT: Commissioner Pavleck

OTHERS PRESENT: Don Parmeter, Dick Shaak, Doug Grindall, Richard Lehtinen, Larry and Elaine Beach, Mark Trompeter, Paul Mielke, J.J. Hasbargen; Reporter Amanda Ricker

2006/03-13 Motion by Hanson, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.

2006/03-14 Motion by Hanson, seconded by Lepper to approve the minutes of the February 28 special meeting and the March 7 regular meeting. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.

000 The Board was informed of the temporary hire of Bonnie Culbertson in the Community Service Department.

2006/03-15 Motion by Hanson, seconded by Briggs to ratify the settlement for a 2006-2008 Bargaining Unit Contract with the Law Enforcement Union – Local 102 and authorizing Board Chair’s signature to the Contract. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.

2006/03-16 Motion by Lepper, seconded by Briggs to approve payment of the Auditor claims in the amount of $48,382.73 and to authorize the Board Chair’s signature to the Auditor’s February vendor payment listing verifying its review. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.

2006/03-17 Motion by Hanson, seconded by Lepper that the Koochiching County Board supports House File 2896/Senate File 2446 as an alternate solution to the Minnesota Clean Water Legacy Act (State required to comply with the federal Clean Water Act, resulting in various bills being introduced to comply with this requirement) of which this alternative is better suited to the social and economic conditions of northern Minnesota in managing water quality. Further, to send a letter acknowledging the County Board’s support of this bill to northern legislators and officials requesting their support. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.

000 Representatives of the Rainy Lake Sportfishing Club introduced a resolution to support the Union of Land and Water Rights Coalition in its effort to develop and complete a citizen-based plan for the Minnesota portion of the Rainy/Lake of the Woods watershed under the Boundary Waters Treaty of 1909, calling for freedom of navigation for the purpose of commerce for the citizens of both Canada and the U.S. The Coalition is seeking the support of northern legislators and officials to recognize the importance of this effort and help support it.

2006/03-18 Motion by Lepper, seconded by Hanson adopting the following resolution in support of the efforts of the Union of Land and Water Rights Coalition to guarantee public access to and freedom of navigation on Canada-MN boundary waters:

Whereas, the Boundary Waters Treaty of 1909 calls for freedom of navigation for the purpose of commerce for the citizens of both Canada and the U.S.; and

Whereas, the Treaty applies to all waters through which the international boundary passes, including all bays, arms and inlets, and applies to all types of watercraft; and

Whereas, Canada and the U.S. have different interpretations of the treaty with respect to freedom of navigation; and

Whereas, the official U.S. Government interpretation of the treaty, as determined by the American courts, does not properly recognize recreation and tourism as forms of commerce with respects to navigation on these waters; and

Whereas, when the treaty was signed in 1909, recreation was not a significant activity on these waters; and

Whereas, the situation has changed dramatically over the years so that recreation has become the principal activity on these waters during all seasons; and

Whereas, fishing, as well as navigation for other recreational purposes, constitutes legitimate aspects and forms of commerce, to include: the purchase of boats, motors and other navigational equipment; the purchase of fuel; the purchase of fishing equipment, licenses and related supplies; and the establishment of businesses and infrastructure that support recreation and the travel and tourism industry; and

Whereas, actions by governments from both countries with respect to the use of boundary waters along the Canada- Minnesota border in recent decades have had detrimental economic and social consequences for Canadian and American citizens and communities; and

Whereas, the fundamental purpose of the Boundary Waters Treaty is to prevent disputes regarding the use of boundary waters; and

Whereas, the treaty, as it applies to the waters along the Canada- Minnesota border is in need of refinement in order to reflect the current use of boundary waters; and

Whereas, the newly formed Union of Land and Water Rights is leading an effort to guarantee public access to and freedom of navigation on Canada-Minnesota boundary waters.
Now therefore it is resolved that the Koochiching County Board of Commissioners supports the Union of the Land and Water Rights in its efforts to pursue appropriate actions, including state and federal legislation, and an agreement between Canada and the U.S. that properly recognizes recreation as a form of commerce, and that guarantees public access to and freedom of navigation on waters through which the international boundary passes along the Canada- Minnesota border.

Be if further resolved that the Koochiching County Board of Commissioners supports the Union of Land and Water Rights in its efforts to develop and complete a grass-roots, citizen-based plan for the Minnesota portion of the Rainy/Lake of the Woods watershed.

Be it further resolved that the Koochiching County Board of Commissioners send said resolution with a letter requesting the support of northern Minnesota legislators and officials. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.

000 The Highway Engineer presented a request from the Boise Forte Band to approve a Memorandum of Understanding and Statement of Inability to Provide Funding for a list of County roads servicing the reservation to be included in the Band’s request for BIA road funding. The Highway Engineer would recommend approving this request as a potential funding source for improving county roads in this area (Highway Engineer stated that this funding source would be for construction only, not maintenance). Board members in reviewing the documentation, raised concern whether this would obligate the County to the Band in making road project decisions in this area and whether the County would undertake more liability and responsibility than it has now in deciding road projects and road status. The Board wanted assurance that this does not change the County having total control of decisions made on the County and CSAH roads listed in this agreement. The Highway Engineer’s position based on information he had was that the County would retain all decision making authority on these roads and that this process was only to establish federal BIA funding for the roads listed, should the County decide to do work on one of them. The Engineer stated that other counties adjacent to the reservation have also received this request but the Engineer did not know what the other counties have done with the request.

2006/03-19 Motion by Hanson, seconded by Lepper to table the request by the Highway Engineer to approve a MOU and Statement of Inability to Provide Funding with the Boise Forte Band for application of BIA funding for county roads serving the reservation until more information is provided on whether the County would undertake an obligation and acquire more liability with regards to these roads and the reservation. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.

2006/03-20 Motion by Briggs, seconded by Lepper to approve a Project Cooperation Agreement with the Corps of Engineers for a grant of $400,000 for the Jackfish Bay Sewer Project, which will complete the $1,000,000 grant request to the Corps of Engineers for this project. Said agreement was reviewed by the Project Attorney and recommended for Board Chair’s signature. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.

000 The Environmental Service Director updated the Board on the Jackfish Sewer Project. Some progress has been made in laying directionally drilled mainlines and laterals in the North Jackfish area but work will shutdown when the spring load limits are put in place. John Vigen anticipates finishing the appraisals of the first eight condemnations in early April and work continues to try to obtain more of the outstanding easements. The first annual assessment payment is being posted to the 2006 tax statements and will be collected as part of the payment due for 2006 taxes. After the system is operational, East Kooch will begin billing for the debt service and the operation and maintenance fees. The Director also informed the Board that the application submitted to DEED for a Small Cities Development Program grant to assist low income households with the cost of the Jackfish Sewer Assessment was approved in the amount of $434,300. $20,000 is allocated for administration and will be utilized to hire Kootasca to work with households to determine if they meet the low income threshold for abatement of their sewer assessment.

000 The County Board provided the Environmental Service Director information provided them on potential Wetland Conservation Act changes due to a request by the Governor in response to a 2001-2003 Minnesota Wetland Report that documented a net loss of wetlands under the current Wetland Conservation Act. The Board requested the Director to review the information and provide the Board the Department’s take of this initiative and its potential impact to Koochiching County.

000 The Board Chair called for public comment at 11:44 a.m. Larry Beach inquired again about a list of those property owners who have not signed their easement for the Jackfish sewer project. Elaine Beach requested that notice be placed in the paper informing property owners in the sewer district area where blasting will be done and some sort of timeline of when it will occur, if possible. Mark Trompeter stated that his sources tell him that the completion date for the sewer system is years away, not the fall of 2006. Paul Mielke stated his opposition to being assessed for the sewer when he has no easement agreement. With no other comment, the Board Chair closed public comment at 11:52 a.m.

000 The County Attorney addressed the Board with her legal review of the MOU and Statement of Inability from the Boise Forte Band for designating county roads servicing the reservation for possible BIA funding. In her review of the documentation, she feels comfortable that the County retains all decision making on these roads. That the documentation is intended to make application for BIA funding for the listed roads and it does not bind the County to having an obligation to the Band for road decisions.

2006/03-21 Motion by Hanson, seconded by Briggs accepting the recommendation of the Highway Engineer and upon the County Attorney’s review, to authorize the Highway Engineer to establish a list of county roads in conjunction with the Boise Forte Band that service the Reservation for inclusion in a Memorandum of Understanding and Statement of Inability to Provide Funding for the purpose of application for BIA funding for listed roads and further, authorizing the Highway Engineer to sign said documents on behalf of the County. Voting yes: Adee, Hanson, Briggs; voting no: Lepper. Motion carried.

2006/03-22 Motion by Lepper, seconded by Hanson to adjourn the meeting at 12:00 p.m. Voting yes: Adee, Hanson, Lepper, Briggs. Motion carried.