REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, October 3, 2006; 10:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: John Mastin, Richard Lehtinen, Susan Congrave, Matt and Sara Weik, Marilyn Gray, Mic Kuryla, Jack Walls, Ralph Johnson, Rob Ecklund

2006/10-01 Motion by Pavleck, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/10-02 Motion by Briggs, seconded by Hanson to approve the minutes from the September 26, 2006 special meeting. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/10-03 Motion by Lepper, seconded by Hanson approving payment of the Auditor claims for election judges serving the primary election in the amount of $5,008.71; to approve payment of the monthly County Board expense claims in the amount of $8,281.37. Payment detail on file in the Auditor/Treasurer Office. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 Commissioner Pavleck informed the Board that it does not appear the State Board of Water and Soil Resources (BWSR) Committee is going to change directions in recommending fixes to the Wetland Conservation Act (WCA) but that AMC is putting this issue on their District Meeting agendas to address with other counties and establish a united position to provide to BSWR. The Board agreed that in the meantime to send information out to their state and federal delegates making them aware of the County’s concern.

2006/10-04 Motion by Pavleck, seconded by Briggs to approve a Northeast Region Homeland Security Emergency Management Joint Powers Agreement in which Koochiching County along with 10 other northeast counties and the City of Duluth will coordinate and plan the region’s emergency management needs through a $500,000 Regional Homeland Security Grant (no local match) and further, to approve a Fiscal Agent Agreement allowing Kanabec County as fiscal agent for the Joint Powers. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director and Health Director provided the Board an informational update as to where they are at on reviewing the complaint from Ray property owners regarding the property with 80 sled dogs (Matt and Sara Weik). The Directors confirmed there were indeed 80 dogs at this rural residence and that they have discussed the situation with the dog owners. The owners are very experienced in sled dogs and sled dog racing and that their dogs are very well taken care of. The Directors were asked by the Board to review the matter under the County Zoning Ordinance for a business situation and the County’s Public Health Nuisance Ordinance as a public health matter. The questions to answer are: is this a business; is it a farm; is the dog noise or the dogs’ waste a public health nuisance. The Directors are still weighing these issues and were not prepared to provide a position today. In the site visit, however, the waste disposal was found to be highly organized in that it is mulched and spread and there was no sign of contamination. Though the noise is bothersome, the Directors felt it was unlikely the noise will exceed the state’s noise standards based on data, not actual testing. The Health Director did not feel the matter was a public health threat under County Ordinance. The Board Chair allowed public comment on this matter. Matt and Sara Weik presented information to the Board confirming they reside on a 190 acre farm in Ray and have 80 Alaskan Huskies. They do not operate a sled dog business but operate a professional racing kennel and compete in sled dog races all over the country. Their dogs have been categorized as draft animals according to the USDA which falls under the livestock category for tax purpose. Their dogs are not allowed to run lose but are tethered to their kennel and are supervised when exercised. A report was provided on a similar situation where an acoustical measurement was made for a property in Isanti County which housed 30 sled dogs and the measurement concluded the dogs’ barking was less than the limits set by typical noise ordinances. A veterinarian certificate was also provided verifying high quality care of the dogs. The owners went on to say that the dogs do bark at feeding and watering times and at the beginning of exercise or hook up for a sled run. Also wildlife can set the dogs off. They take professional pride in what they do and love their dogs. When asked, they stated they do sell dogs in the spring time. They raise two litters of puppies each year and at that time they decide what dogs will be good sled dogs and adopt out and/or sell others. The reason for the high numbers is some dogs are too young and can’t race and others are old and they keep for sentimental reasons and/or until they can adopt them out. They train about 40 dogs a year and run up to two teams. Commissioner Pavleck said there was a similar complaint of sled dogs in the lake area and he can see both sides of the issue. However, he does not like to adopt rules and laws if he doesn’t have to, knowing the need to resolve the noise for the other property owners. He would hope the parties would get together and try to resolve the conflict. Mic Kuryla stated that over time the neighbors may get used to the noise, just like other property owners get used to the train noise. Marilyn Gray lives one-half mile away and is not bothered by the dog noise, any more than the other area dog barking or the crows in the morning. Another property owner living one-quarter of a mile away said he is used to the noise in the area which also includes snowmobiles and trains. He feels the dogs are not a problem. Jack Walls stated that if it is determined these property owners are not violating anything, the issue should be done. Delaying the issue will only cause more friction. Ralph Johnson, adjacent property owner, stated that whatever noise exists at the time one purchases property is known by the buyer. But when property is purchased and something like this moves into the area, it is only fair that those residing or having property in the area have a right to a public process on the matter. Matt Wiek stated that before they moved here they checked all the rules of the County and there was no requirement to notify property owners, and/or obtain a permit or license. As far as they know they are not violating any laws or rules. The Board in ending comment on the matter, agreed to have the Directors provide a recommendation at the next Board meeting.

2006/10-05 Motion by Lepper, seconded by Hanson to table the Dog Complaint matter until the October 10, 2006 Board meeting for a recommendation from the Environmental and Health Directors. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair opened public comment period at 11:55 a.m. Rob Ecklund inquired as to whether the County will look at extending timber permits after gathering the facts and determining the impact to the County with the closure of the OSB mills. Commissioner Hanson stated that the MN Timber Association and Associated Loggers are on top of the issue and after they gather all the facts, will provide information to the County. Mic Kuryla inquired on the step order for proceeding with the Highway 332 Road Project and had several other issues which would exceed time allotted for public comment period so was deferred by the Board Chair.

2006/10-06 Motion by Pavleck, seconded by Hanson to adjourn the meeting at 12:10 p.m. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.