Koochiching County Board Minutes 5-16-06

Board Minutes

for

May 16, 2006

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, May 16, 2006; 10:00 a.m.

OTHERS ATTENDING: Jaci Nagle, Dennis Hummitzsch, Richard Lehtinen, Mayor Shawn Mason, Councilor Gail Rognerud, Attorney Joe Boyle, Fire Chief Jerry Jensen, Rural Fire Association Representatives Bill Gray and Brian Nelson, Dan McCarthy, Einar Sundin, Paul Mielke, Mark Trompeter; Reporters Laurel Beager and Jerry Franzen

2006/05-25 Motion by Lepper, seconded by Hanson to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2006/05-26 Motion by Pavleck, seconded by Hanson to approve the minutes of the May 9, 2006 special meeting. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

000 The Board was informed that Christine Hagen was hired as a LPN under the temporary County Home Care Service Plan.

2006/05-27 Motion by Lepper, seconded by Pavleck to approve payment of the Highway Department claims in the amount of $32,239.90; to approve payment of the 2006 Laurentian RC&D Council, Inc. dues in the amount of $300.00 with payment from the 2006 County Board Budget; to approve payment to Attorney Lyndon Larsen in the amount of $4,008.18 for April contracted legal services through the County Attorney’s Office. Payment detail on file in the Highway and Auditor/Treasurer Departments. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2006/05-28 Motion by Lepper, seconded by Hanson to approve a Minnesota Lawful Gambling Permit LG215 Application for the International Voyageurs Snowmobile Club for gambling conducted at the Northwoods Y located at 5536 Highway 11, International Falls and Lu’s located at 3796 Highway 53, International Falls. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2006/05-29 Motion by Pavleck, seconded by Hanson to adopt the following resolution for application of Budget FY 2007 IRRRB funds:

WHEREAS, the County of Koochiching (hereafter the “Applicant”) is a governmental subdivision, organized and operating under the laws of the State of Minnesota; and

WHEREAS, the Applicant has a need for a grant to assist with economic development authorities as permitted under Laws of Minnesota for 1987, Chapter 182; and

WHEREAS, the Applicant is submitting its request for application to the IRRRB for Budget FY 2007 grant funds.

NOW, THEREFORE BE IT RESOLVED, that the Applicant’s organization hereby authorizes and approves making application to the IRRRB for FY 2007 funds to assist in economic development.

BE IT FURTHER RESOLVED, that the Applicant’s Board Chair and County Coordinator are hereby authorized and directed to sign and submit application for the said grant monies and all applicable contracts, documents and agreements associated with the grant or the application for it. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2006/05-30 Motion by Pavleck, seconded by Lepper authorizing expenditure of up to $3,300.00 from the 2006 Land and Forestry Budget to purchase one personal computer and four 19 inch flat panel monitors for the Land and Forestry Department as recommended by the Information Systems Manager. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

000 The Land Commissioner reviewed the results of the May 3, 2006 County Timber Auction which resulted in 19,648 cords sold at an auction sale value of $903,023 and included two sales with spruce and aspen blow down damage.

2006/05-31 Motion by Pavleck, seconded by Lepper to approve payment of $500.00 from the 2006 Environmental Service Budget to contribute to the cost of holding the Man O Min Conference planned for April 2007 in International Falls as recommended by the Environmental Service Director. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

000 The Environmental Service Director updated the Board on the Jackfish Sewer Project. It is anticipated that road limits will be lifted next week when construction of the system will proceed. Directional drilling is scheduled for the whole project with a large drill used for main lines and a smaller rig for laterals. Holes are dug or blasted in various places to allow lateral lines to take off from the main line and there is no longer a minimum distance required for directional drilling to work. Trenching needs to be done only where gravity flow lines have to be put in. The Director stated that letters were sent out informing property owners in the sewer district of the assessment abatement funding for household qualifying as low income under the grant terms. They are anticipating about 50 households to make application. With regards to easements, they have around 84 % executed. Twenty-nine indicated they would not sign the easement for $1 and eighteen are in negotiations. There is a total of 283 easements.

000 The Board Chair outlined the agenda forum on Rural Fire Protection Services. That time would be allotted the City of International Falls to review their last position on provision of rural fire protection service, next time would be allowed to the Rural Fire Association for the same and following the Board would provide its position on the request to form a taxing district to fund the service. City representatives provided their position which was for the County Board to form a taxing district and based on the majority of responses from the City’s survey, that an agreement between the County and City be executed in which the City would provide emergency services to the rural area for an amount of $100,000 for 2007 and 2008. The City requests that this contentious issue be resolved. The representatives did clarify that the ambulance service is not part of the emergency services talked about in the survey and in hindsight, they felt the survey could have been worded better. However that aside, the City felt in conducting the survey they gave the people an opportunity to provide their position. When asked, the City representatives stated they did not want to sign their last proposal to the Rural Fire Association because the Association did not intend to stay with the City for the length of the agreement. Commissioner Pavleck expressed disappointment with the survey conducted by the City as it was not clear to the people what was being proposed and in addition, took an about face and changed the topic to all emergency services not just fire protection. For this reason, he could not support any information or position taken as a result of this survey. He then asked the City the intent of their position to have a direct contract with the County and what the City’s long term plan was since the City’s price is suggested only through 2008. Commissioner Hanson stated his position for both parties to sign the last proposed agreement by the City and continue the partnership until a group is formed to work out a long term resolution. The Mayor asked that the County submit their position in writing for the City to consider it. Representatives of the Rural Fire Association stated that the reason the Association was formed 50 some years ago is because at that time the City would not provide services to the rural area except through a rural association and that the agreement with the City has always had a six month out clause. That the whole concept of creating a separate fire department for the rural area came about because the Association did not feel the City’s first cost proposals were justified and as the process continued, the City sent the Association notice that they would be canceling the current service agreement on April 1, 2006. The Association felt they had no option but to look at alternative means to provide the area with fire protection. The Association asked the City for a five year agreement paying them $100,000 for each year. The City’s last proposal was for a three year agreement at $75,000 for 2006 and $100,000 for 2007 and 2008. The Association when approaching the City on its last proposed agreement stated they would sign it but that it was their intent to use the out clause to pursue a separate department. This position was based on not having a longer term agreement on the table. The Association felt the City in not providing a cost beyond 2008 was forcing them to keep alternatives on the table and use the out clause to pursue other alternatives. Commissioner Lepper asked if the Association representatives would consider signing the last proposed agreement and work in group for long term resolution. That he felt they should have held in and continued negotiations until an agreement was reached as he is not convinced that a separate fire department would be better or cheaper for the property owners. The Association president stated that the whole issue is about money and the Association would be glad to stay with the City but they need to see the long term agreement so the property owners can see what the City is proposing for the long term. Fire Chief Jensen spoke in defense of his department budget, which was commented on during discussion and went on to explain that the City was asked to participate in the review conducted by the County in setting up a taxing district for funding rural fire protection service, including a request to the City to provide what they feel their cost is in providing this service. He stated that the City Fire Department provides good service and that he wants a settlement reached with the Association and move forward. Attorney Joe Boyle in responding to Commissioner Pavleck’s question as to how the City will provide service in their proposal when the Rural Fire Association has the equipment, he stated that the City would charge $100,000 in total to provide the emergency services to the rural area for 2007 and 2008 and the City would supply the equipment. The Mayor reiterated that the City would like the County Board to submit their position in writing as to what they see as an acceptable agreement to move forward on creating a taxing district for the City to consider. The Board Chair stated that the survey results were not conclusive to form a position as less than half of the surveys were returned and that many did not return the survey intentionally because of the privacy issue and because it was too misleading and/or confusing. In closing the Board Chair stated that should an acceptable service agreement be provided, the Board would support the request to create a taxing district to fund the service.

2006/05-32 Motion by Lepper, seconded by Hanson to send in writing the County Board’s position to the Rural Fire Association and the City of International Falls that on behalf of the public, we need to come together and resolve this controversial matter and move forward. For the short term the County Board requests that the City of International Falls and the Rural Fire Association execute the last proposed agreement by the City of International Falls and continue the long existing partnership that has provided quality service for many years. For the long term, the County Board commits to establishing a group of public representatives to work towards a long term resolution for providing fire protection to the rural area to include a mediator and/or survey to assist the group in determining resolution. That should both parties execute the last proposed agreement by the City of International Falls by the date of May 22nd, the County Board will move forward on creation of a taxing district. That short of this agreement, the County Board does not believe that either party has a solid proposal to provide to the public to go another direction at this time. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:52 a.m. Dan McCarthy stated that he was informed that the rural fire service issue was taken off the agenda so he did not attend the session and was disappointed to find out after the fact it remained on the agenda. Einar Sundin commented on a well done business plan that was submitted to the Planning Commission at its last meeting. Paul Mielke stated that he wants to be represented by the Rural Fire Association as a rural property owner but felt the City’s fire department is a good department and should provide the service. He would like to see a combined city/rural fire department that could represent the whole area. He also stated his comment on the proposed eminent domain legislation, now on the Governor’s desk for signature, and how it will impact the easements for the sewer project. He and others felt all along that the easements should have been settled before construction began. Arnie Baumchen stated that the Rural Fire Association’s long term vision would be a district rural fire protection service as referenced by Mr. Mielke as they really don’t want a separate fire department but feel the rural district needs to have representation and investment. Mark Trompeter in referencing the comment about the City survey not being confidential felt the County’s survey on the sewer project was not confidential either. He wanted to know when condemnation proceedings for their easements will occur as they are being forced to pay the special assessment when the County owes them money for their easement. With no other comment the Board Chair closed public comment period.

2006/05-33 Motion by Hanson, seconded by Lepper to adjourn the meeting at 12:00 p.m. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.