REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, September 19, 2006; 10:35 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Richard Lehtinen, Steve Shermoen, Doug Grindall, John Mastin, Patti Ballan, Ralph Johnson, Dan McCarthy; Reporter Laurel Beager

2006/09-26 Motion by Lepper, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Pavleck; absent for vote: Briggs. Motion carried.

2006/09-27 Motion by Hanson, seconded by Pavleck to approve the minutes from the September 12, 2006 special meeting. Voting yes: Adee, Hanson, Lepper, Pavleck; absent for vote: Briggs. Motion carried.

2006/09-28 Motion by Lepper, seconded by Pavleck authorizing the Board Chair’s signature to the Auditor’s August vendor payment listing verifying its review and to approve payment to Attorney Lyndon Larsen in the amount of $3,982.95 for contracted legal services for the County Attorney’s Office. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/09-29 Motion by Pavleck, seconded by Lepper that as Fiscal Agent for the Highway 53 Task Force to approve a service agreement with Federal Advocates, Inc. for lobbying service for the proposed Highway 53 Four-Lane Project from October 1, 2006 to December 31, 2006 at a rate of $1,000 per month contingent on a cost-sharing agreement of participating members of the Highway 53 Task Force. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/09-30 Motion by Lepper, seconded by Hanson approving the publication of the 2005 County Financial Statement Summary as presented by the Assistant Auditor. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board accepted Home Care LPN Christine Hagen’s employment resignation as of August 30, 2006 (temporary employment).

2006/09-31 Motion by Hanson, seconded by Briggs to approve an amendment for fee increases to the MCIT Drug and Alcohol Testing Program Participation Agreement for administering the required testing under DOT regulations. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/09-32 Motion by Hanson, seconded by Briggs to submit a letter of support for a Minnesota Job Skills Partnership grant being submitted by Rainy River Community College with Boise as its business partner which will develop an A.A. S. degree at RRCC in industrial technology. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/09-33 Motion by Lepper, seconded by Briggs to approve a contract with the City of International Falls for provision of fire fighting service for the rural area as described in the contract and to approve a contract with the Rural Fire Protection Association (RFPA) for managing fire protection service in the same rural area with both contracts approved by the County Attorney for form and content and further, authorizing the Board Chair to appoint a Board member to serve as a liaison for the RFPA to the County Board. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried. (The Board Chair appointed Commissioner Pavleck with Commissioner Briggs as the alternate.)

000 The Board received notice of a Wetland Conservation Act Meeting in St. Cloud on September 25, 2006 to review BWSR Wetland Committee’s recommendation for change in the Wetland Conservation Act which is assumed to be coming as a result of a BWSR report that the State is losing wetlands under the current Wetland Conservation Act rules and regulations. Commissioner Pavleck, serving on the AMC’s Environmental and Natural Resources Committee, will attend the meeting and informed the Board that some of the proposed changes will negatively impact the County’s Wetland Management Flexibility Plan and Ordinance, which received recognition and approval due to the vast amount of wetlands in the County. Some of the major concerns in the Committee’s recommendations are movement to eliminate flexibility to counties with over 80% of wetlands, changing the replacement ratio from 1:1 to 2:1 and changes to shoreland mitigation. A handout was provided the Board on the recommendations from the BWSR Wetland Committee. The County Board was unanimous in sending a strong message to BWSR opposing any change that would impact the hard-fought and agreed upon flexibility for Koochiching County in managing wetlands in the County and to also carry this message to the various legislative and natural resource associations in which the County is represented and to state and federal legislators.

2006/09-34 Motion by Lepper, seconded by Briggs that Koochiching County fought hard for compromises in the management of the Wetland Conservation Act due to the vast amount of wetlands in the County which resulted in adoption of a Koochiching County Wetland Flexibility Plan and Ordinance of which BWSR staff verbally committed to honor and of which the State BWSR Board formally approved; That the County’s Plan was developed with full cooperation from relevant state and federal agencies and local entities and within the past year, BWSR staff restated its commitment to stand by the County’s Plan; That management of wetlands under the County’s Plan has not resulted in a loss of wetlands from the County’s perspective nor has a loss of wetlands in Koochiching County been demonstrated; That it has been brought to the Koochiching County Board’s attention that a BSWR Wetland Committee is recommending changes to the State’s Wetland Conservation Act that will change the long-sought compromises agreed in the County’s Wetland Management Plan and Ordinance and of which the Koochiching County Board strongly opposes. That the Koochiching County Board submits its unanimous position for no change in the Wetland Conservation Act that would be detrimental to the long sought agreement made for Koochiching County in the management of their wetlands. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director and legal counsel for the Jackfish Sewer Project informed the Board that at the next County Board meeting they will be requesting approval to move forward with condemnation for the remaining property needed to complete the sewer system. Of the previous 8 parcels already approved for condemnation, they believe only 3 will proceed to condemnation and to date roughly 35 property owners have not signed easements or given consent but they believe they will reach consent with about one half of these property owners. As a result of the 2006 Legislative Session, changes have occurred to the condemnation law which will lengthen the time frame so proceedings need to begin now so that the remaining sewer system can be completed by next year’s deadline. As of yesterday, 70 properties were connected to the completed portion of the sewer system.

2006/09-35 Motion by Pavleck, seconded by Hanson to conduct the annual County auction for disposal of surplus equipment, vehicles and furniture as recommended by the Highway Engineer. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/09-36 Motion by Pavleck, seconded by Lepper adopting the following policy for allowing snowmobile operators to use the ditch section of any county and township road with the following stipulations as recommended by the Highway Engineer and supported by the Undersheriff: 1) The furthest right edge of the roadway of any county or township road shall be used only to access and return from an established snowmobile trail or lake if there is not a ditch section; 2) Snowmobile operators must travel in the direction of traffic unless there is a Board resolution on certain roads restricting snowmobile usage to only one side; 3) Snowmobile operators must be over 18 years of age or have a valid license to operate a snowmobile if between the ages of 14 and 18; 4) The Snowmobile operator shall now exceed 15 miles per hour and must yield to all traffic including pedestrians and animals; 5) All state laws pertaining to snowmobile use and operation shall be followed; 6) Snowmobiles with studs on the tracks shall not be allowed on any bituminous surface unless authorized by previous County Board resolution; 7) There shall be no usage when there is insufficient snow cover to prevent damage to a bituminous surfaced road; 8) There shall be no usage on roads with limited visibility unless authorized by special Board resolution; 9) That the County Board has the right to revoke usage on any road if there are numerous complaints by adjacent residences or abuse by snowmobilers. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Chamber of Commerce President met with the Board to provide the Chamber’s recommendation for going forward with the proposed County Highway 332 Relocation Project. At the June 6, 2006 County Board meeting, the Chamber asked the County to delay acting on this project so that they could conduct research to see if the concerns raised by the Highway 53 and town businesses could be rectified. The Chamber in review with MnDot recommends the sign now erected to direct motorists bound for Canada to continue following Highway 53 is relocated south of the Highway 332 intersection, that a Community billboard be erected through the Community Gateway Project and that business zoning along Highway 332 remain industrial only. With these conditions, the Chamber would recommend the County Highway 332 Relocation Project. The Board requested the Highway Engineer to bring back a recommendation at the next meeting for proceeding with this project.

000 Commissioner Hanson informed the Board that at the County Farm Bureau meeting on September 28, 2006 the State Farm Bureau President will attend and that due to his absence, he requested other Board representation at the meeting.

2006/09-37 Motion by Lepper, seconded by Hanson authorizing Board members’ attendance to a September 28, 2006 Farm Bureau Meeting as a Board activity. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:25 a.m. Ralph Johnson, resident on the Ray North Road, informed the Board that a written complaint was filed in the Administration Office yesterday to the attention of the County Board to resolve the Dog Nuisance problem in their area in which 70 to 80 sled dogs reside on a nearby residence. The Board informed Mr. Johnson that matter has been deferred to the Health and Environmental Service Directors for review and recommendation through the County’s Public Health Nuisance Ordinance and/or Zoning regulations. Dan McCarthy inquired as to the budget for the County Surveying Program, the billing and reimbursement cycle for child support legal services and to consider all the local perspective for the Highway 332 Relocation Project. With no other comment, the Board Chair closed public comment period.

2006/09-38 Motion by Pavleck, seconded by Briggs to adjourn the meeting at 11:40 a.m. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.