Koochiching County Board Minutes 6-06-06

Board Minutes

for

June 6, 2006

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 06, 2006; 9:45 a.m.

OTHERS ATTENDING: Ann Scholler, Jaci Nagle, Dennis Hummitzsch, Richard Lehtinen, Mayor Shawn Mason, Bill Gray, Patti Ballan, Doug Grindall, Mick Kuryla, Dan McCarthy, Frank Bahr, Jack Walls, Jim Yount; Reporters Laurel Beager and Jerry Franzen

2006/06-01 Motion by Hanson, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-02 Motion by Hanson, seconded by Briggs to approve the minutes from the May 23, 2006 special meeting. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board was notified of the temporary hire of Logan Bigler and Wes Olson for summer help in the Highway Department.

2006/06-03 Motion by Lepper, seconded by Briggs to approve the employment separation of Social Worker Carol Belanger on June 4, 2006. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-04 Motion by Hanson, seconded by Lepper to extend the temporary Home Care Plan for delivery of services by the County Health Department until September 30, 2006 with another reevaluation in July as to the status as home care providers in the County. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-05 Motion by Lepper, seconded by Briggs to approve payment to Flaherty & Hood in the amount of $2,844.09 for April lobbyist services with payment from the 2006 Legislative Budget; to approve payment of the month County Board expense claims in the amount of $7,145.80; to approve payment to Johnson, Killen & Seiler, P.A. in the amount of $5,011.13 for personnel legal services; that as Fiscal Agent for the Highway 53 Task Force to approve payment to Federal Advocates, Inc. in the amount of $1,000.00 for May lobbyist services. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-06 Motion by Briggs, seconded by Pavleck accepting the recommendation to appoint Joe Mershon to the Convention and Visitors Bureau Board of Directors. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The County Coordinator will inform the secretary for the Blackduck Ambulance Joint Powers Board that the Koochiching County Board appointed the Mayor of Northome as its alternate on the Joint Powers Board, in response to a request sent out to members to appoint an alternate.

2006/06-07 Motion by Hanson, seconded by Lepper that as Fiscal Agent to approve an amended No. 2 Drug Court Grant Contract revising the original grant agreement expiration date from March 31, 2006 to June 30, 2006. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-08 Motion by Pavleck, seconded by Lepper to approve a County-Wide Fee Schedule as recommended by the Administration Department for the purpose of consolidating, tracking and monitoring County fees. Voting yes: Adee, Lepper, Briggs, Pavleck; voting no: Hanson. Motion carried.

2006/06-09 Motion by Pavleck, seconded by Hanson to authorize expenditure of up to $48,300 from the 2006 I.S. Budget for the planned replacement of the AS/400 mainframe and to accommodate budget expenditure, to transfer $1,700 of budget funds from 01-060.6665 to 01-060.6411 to cover the cost of tape cartridges for the new system which are not considered capital outlay purchases as recommended by the I. S. Manager. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-10 Motion by Briggs, seconded by Lepper to approve an Acceptable Use Policy for Computer and Network Systems which will replace the Information Systems Policy adopted in Board Motion 98/06-36 and revised 98/07-37 as recommended by the I.S. Manager and County Coordinator. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-11 Motion by Pavleck, seconded by Hanson to grant a right of way permit to Jim St. James for the south 33 feet of the South ½ of the NW ¼, Section 1, Township 159N, Range 26W to access his property and to grant a right of way permit to David Upgren for parts of Sections, 6, 7, 8, Township 151N, Range 25W to access his property as recommended by the Land Commissioner under County Policy. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-12 Motion by Pavleck, seconded by Lepper that at his discretion, authorizing the Land Commissioner to negotiate mutual easement agreements with LaMinora Properties, Inc. (subsidiary of Forest Capital Partners) as the Company is in need of easements for three parcels which will be auctioned in late June for private ownership. Voting yes: Adee, Lepper, Briggs, Pavleck; voting no: Hanson. Motion carried.

2006/06-13 Motion by Pavleck, seconded by Lepper appointing John Walls to the Solid Waste Advisory Committee as recommended by the Committee. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-14 Motion by Hanson, seconded by Lepper that at the request of Lake of the Woods County Board, to adopt the following resolution in support of the Water Quality mandate for Lake of the Woods by the International Joint Commission (IJC):

WHEREAS, the Lake of the Woods is the largest lake in Minnesota, and
WHEREAS, the assurance of maintaining good water quality in Lake of the Woods is of vital importance to the social, economic and environmental well-being of Koochiching County, and

WHEREAS, there are clear signs of deteriorating water quality, of unknown causes, in Lake of the Woods, and

WHEREAS, the International Joint Commission (IJC) has responsibility for water quality in the Rainy River, a major tributary and source of water to Lake of the Woods, and

WHEREAS, the IJC has brought concerns over potentially deteriorating water in Lake of the Woods to the attention of the governments of the United States and Canada and has recommended investigation by the IJC in cooperation with appropriate agencies, including those from Minnesota, Ontario and Manitoba, and

WHEREAS, the IJC is institutionally situated to help coordinate scientific investigation, monitoring and action steps across the multiple jurisdictions around Lake of the Woods to ensure timely and effective investigation.

NOW THEREFORE BE IT RESOLVED, that the Koochiching County Board of Commissioners supports the request of the Lake of the Woods Water Sustainability Foundation to the International Joint Commission that water quality be added to the Mandate (or Reference) for the Lake of the Woods;

BE IT FURTHER RESOLVED that a copy of this Resolution is forwarded to the State of Minnesota and the Lake of the Woods Water Sustainability Foundation. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/06-15 Motion by Lepper, seconded by Hanson to approve the employment separation of Public Health Nurse Rebecca Helleloid with an anticipated separation date of July 20, 2006 with the final separation date administered in the finalization of the County’s Employment Separation Form and further, to authorize the Health Director to fill the vacant .60 FTE (24 hours/week) Public Health Nurse position due to this employment separation. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The City of International Falls Mayor was present to represent a revised proposal to the County that would extend their last offer by one year for provision of rural fire protection as a last attempt to have the Board approve a contract with the City and move forward on creating a taxing district to begin levying of a tax in 2007. The Rural Fire Association President presented its budget to form its own rural volunteer fire department for the same dollar amount as proposed by the City due to the dissatisfaction with the City for not signing a contract with the Association. The Association is ready to form its own rural fire department and feels the separate department would enhance fire fighting services and allow the people in the district to invest in themselves, rather than put money towards the City’s budget in which they have no say. In the long term the Association feels a rural fire department is in their best interest. The Association President pointed out that they offered the City more money at one point than what they are proposing now with the County and were turned down. The Mayor explained that the City changed directions not to deal with the Rural Fire Association when the Association informed them of their intentions of signing the contract only to provide services until they form their own fire department. The Association President stated that in the other taxing districts, there are advisory boards that oversee the area served and the City Mayor stated that the agreement with the City does not prohibit the County from utilizing the services of Rural Fire Association as they see fit. Commissioner Hanson asked that if the County doesn’t approve a taxing district, is the City going to offer services through subscription and the Mayor replied that this is the City’s intent. Commissioner Hanson asked if the City sought a legal opinion as to whether they had the right to do this and the Mayor stated that she was not able to provide a legal opinion but a legal opinion would need to be sought. Commissioner Hanson stated that he would want to see the legal opinion before making his decision. Commissioner Lepper in reviewing the Rural Fire Association’s budget for a separate fire department again stated he is not in support of a separate fire department. Commissioner Briggs felt that without a mutual agreement between the City of International Falls and the Rural Fire Association, without adequate time for the County to properly survey rural residents on fire protection services, and with concern for residents in the rural district on fire protection a compromise is needed to move forward. Commissioner Pavleck did not feel the Board was in a position to move forward on a taxing district as there were too many unknowns and would want to take direction from the Rural Fire Association who asked for the taxing district. Commissioner Lepper felt that maybe it is time to find a compromise. The Association President stated that the City’s offer is a good deal so why don’t they offer it to the Association rather than the County and resolve the matter.

2006/06-16 Motion by Briggs, seconded by Lepper that the County Board propose to sign the contract with the City of International Falls for fire protection service with no charge in 2006, $100,000 for 2007, 2008 and 2009 and propose to sign a service agreement with the Rural Fire Association for enhancement of rural fire protection services in the district with no charge for 2006, and up to $50,000 for 2007, 2008, and 2009 (amount determined upon the Association requesting the funds through a line item budget), and both service agreements include coverage for Ranier. Further, the City of Ranier will pay a direct amount to the County’s Taxing District Account until the City of Ranier makes the decision to join the taxing district, and until such time Ranier’s direct payment would be deducted from the amount to be levied. Further, the County Board will propose this agreement and a levy amount of no more than $150,000 at a public hearing for the purpose of forming a taxing district that will begin levying of a tax in the year 2007 for fire protection service. If after the public hearing, the Board approves the taxing district, service contracts will be executed by all parties no later then August 1, 2006. That the purpose of the proposal is to retain both parties roles through separate contracts with the County. Voting yes: Adee, Lepper, Briggs; Voting no: Hanson, Pavleck. Motion carried.

2006/06-17 Motion by Lepper, seconded by Briggs to set a public hearing for Monday, June 26 at 6:00 p.m. for the purpose of receiving public comment on the proposal to form a taxing district for provision of fire protection services through contracted services with the City of International Falls and the Rural Fire Association with an annual levy of no more than $150,000 for 2007, 2008 and 2009. Voting yes: Adee, Lepper, Briggs; voting no: Hanson, Pavleck. Motion carried.

2006/06-18 Motion by Lepper, seconded by Briggs to acknowledge a petition submitted with over 130 signatures representative of 58 businesses opposing the proposed Highway 332 to Highway 11 East Road Project. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Chamber President represented a letter from the Chamber of Commerce to the County Board requesting the County delay acting on the proposed Highway 332 Road Project until more research can be done to see if the concerns raised by the businesses can be rectified. The Highway Engineer felt to give adequate time to research the possible solutions as pointed out by the Chamber the project would probably be delayed another year (originally planned for 2007).

2006/06-19 Motion by Lepper, seconded by Pavleck to table action on the request to move forward on the proposed Highway 332 Road Project until further information is provided the Board on rectifying the concerns of the business district. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:30 a.m. Mick Kuryla stated that a list of the pros and cons of the proposed Highway 332 Road Project be tallied and provided to the public so they can better understand the issues surrounding the project. Dan McCarthy asked the Board to speak into the microphones and to remind those addressing the Board to do the same. Frank Bahr feels the City of International Falls should be dealing with the Rural Fire Association and that the City should not be allowed to dictate the situation to stop the Association from forming their own department. Jack Walls asked if the contracts for rural fire protection as proposed today will have an out clause. Mick Kuryla asked who will pay for the contracts if the taxing district doesn’t pass. The Board explained that the contracts were proposed today and that if the taxing district isn’t formed, the contracts won’t be executed. Jim Yount stated that emphasis should be placed on the Gateway Improvement Project for Highway 53 which he feels will alleviate the business concerns on the proposed Highway 332 Road Project. With no other comment, the Board Chair closed public comment period.

000 The agenda item on gap signage on Scenic Highway 11 was deferred until the next Board meeting due to the absence of the person requesting the time on the agenda.

2006/06-20 Motion by Hanson, seconded by Lepper to adjourn the meeting at 11:45 a.m. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.