REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, November 7, 2006; 10:30 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Jaci Nagle, Terry Glowack, Dennis Hummitzsch, Richard Lehtinen, Dan McCarthy, Jack Walls; Reporter Lisa Kaczke

2006/11-01 Motion by Lepper, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Adee, Lepper, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

2006/11-02 Motion by Briggs, seconded by Lepper to approve the minutes from the October 24, 2006 special meeting. Voting yes: Adee, Lepper, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

000 The Board received notice that Jessica Brekke was hired to fill one of the 4 allowed LPN positions under the County’s Temporary Home Care Plan.

2006/11-03 Motion by Lepper, seconded by Briggs to approve the following 2006 County Budget adjustments as recommended by the County Coordinator: an internal adjustment of $25,000 from 01-030-010-0171-6379 to 01-030-010-0173-6260; reducing 01-700.6802 from $150,000 to 0, resulting in an overall decrease in the 2006 County Budget to allow for the transfer to the 2007 Budget to cover the County’s share of the local match for the AB Facility Grant, should it be approved in 2007; to transfer $10,000 of funds from the 2006 Budget Contingency to the 02 Sinking Building Account to capitalize the account for unforeseen building needs. Voting yes: Adee, Lepper, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

2006/11-04 Motion by Lepper, seconded by Pavleck to approve payment of the Auditor claims in the amount of $34,390.89; to approve payment of the monthly County Board expense claims in the amount of $9,013.70; to authorize the Board Chair’s signature to the Auditor’s October vender payment listing verifying its review. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Adee, Lepper, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

000 An update was provided the Board on the appeals of the County’s 2006 Sales Tax Audit regarding payment of sales tax on software and the search and rescue airboat. Upon the recommendation of legal counsel in viewing cost and the definition of vehicle as defined in statute for exemption of sales tax, the County should not appeal the sales tax payment on the search and rescue airboat and that based on this recommendation, the payment of the sales tax on the airboat was found within the 2006 Sheriff Budget. Through legal services obtained by the MN Counties Information Systems Joint Powers Board, an appeal on the charge of sales tax on the software and software maintenance as a direct service by the MCIS Joint Powers Organization continues to be pursued.

2006/11-05 Motion by Lepper, seconded by Briggs authorizing the Board Chair to appoint Commissioner Pavleck to attend the November 14, 2006 Roundtable Forum with the MN Board of Water and Soil Resources Board (BWSR) to discuss the BWSR Subcommittee’s recommended changes to the State’s Wetland Conservation Act, which are strongly opposed by Koochiching County and many other counties. Voting yes: Adee, Lepper, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

2006/11-06 Motion by Lepper, seconded by Pavleck to approve the employment separation of Cathy Readman as the Auditor Clerk with the Board acknowledging the reasons stated in her letter of resignation from the Auditor/Treasurer Office and further, authorizing the Auditor/Treasurer to fill the vacancy. Voting yes: Adee, Lepper, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

2006/11-07 Motion by Pavleck, seconded by Briggs authorizing the replacement of 2 laser printers in the amount of $1,225.71 from the 2006 Community Service Budget as recommended by the Community Service Director and Information Systems Manager. Voting yes: Adee, Lepper, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

000 The Complex Superintendent provided the Board the annual building inspection report. The Big Falls Forestry Office is in need of repair, however, the Complex Superintendent in talking with the Land Commissioner was informed that discussions with the Board on the office were conducted during the 2007 Budget process and that facility options are being reviewed. With regards to the NDAC facility, the Complex Superintendent will conduct some minor renovations. The remaining County facilities were reported as being in fair to good condition.

000 The Land Commissioner provided the results of the 2006 Tax Forfeited Land Auction held in October. Of the 26 tracts available for sale, 13 sold for a value of $49,608.

2006/11-08 Motion by Pavleck, seconded by Briggs accepting the recommendation of the Land Commissioner allowing the Birchdale Rural Fire Association to place a dry hydrant at Nelson Park and another at Frontier Park to improve access to water supply (river) with the cost covered though a DNR Grant award to the Association. Voting yes: Adee, Hanson, Briggs, Pavleck; absent for vote: Lepper. Motion carried.

000 The Environmental Service Director informed the Board that MN Board of Water and Soil Resources (BWSR) is pushing cities to implement the State’s Wetland Conservation Act (WCA) and as a result, many of the small cities are seeking assistance from the counties due to lack of resources at the city level. The City of Big Falls has a pending wetland issue that in order for the County to assist them, the County has to have the responsibility of WCA within the city limits. Board members expressed concern about the timing of the City of Big Falls wanting the County to administer WCA in their city due to the pending recommendations coming forth from BWSR for changes in WCA. Again the Director stated that authorization is needed so the County can assist with the pending wetland issue.

2006/11-09 Motion by Hanson, seconded by Briggs adopting the following resolution accepting the City of Big Fall’s request to turn over to Koochiching County the responsibility for the administration of the Wetland Conservation Act (WCA) in their City:

WHEREAS, the City of Big Falls intends to adopt a resolution which adopts the rules and regulations for WCA within the legal boundaries of the City; and

WHEREAS, the City of Big Falls recognizes it lacks sufficient staff to perform the technical duties associated with WCA administration; and

WHEREAS, the City would like to turn all administration of the WCA within the city limits over to the proper authorities in Koochiching County; and

WHEREAS, the County Board of Commissioners accepts the City’s request for help in the administration of WCA.

NOW THEREFORE BE IT RESOLVED that the Koochiching County Board of Commissioners delegates responsibility of WCA administration in the City of Big Falls to the Environmental Services Department contingent the Soil and Water Conservation District agreeing to provide technical assistance and expertise. Voting yes: Adee, Hanson, Briggs, Pavleck; absent for vote: Lepper. Motion carried.

2006/11-10 Motion by Pavleck, seconded by Briggs to approve a revised Solid Waste Disposal Agreement with Mark-Kit Landfill Joint Powers Board guaranteeing the $45 per disposal fee until April 30, 2008 and the option to extend the contract until December 31, 2015 as a compromise between the two entities to allow Koochiching County to pursue the feasibility of the Gasification Project and with the contract recommended by the Environmental Services Director. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 A recommendation from the Planning Commission was presented the Board to deny a Conditional Use Permit (CUP) for Gerald Albrecht for a one acre mining operation southwest of Margie without prejudice. The recommendation was based on the site not having the proper zoning therefore requiring the applicant to file a request for a zone change before consideration can be given to the CUP. That the applicant has filed a request for a zone change which the Planning Commission has scheduled for a public hearing on December 14, 2006. To deny without prejudice allows the CUP request to come back for consideration at any time. Discussion followed on public opinion with regards to mining operations and that regardless of the size of the operation or allowances otherwise, the public hearing process and permitting should be followed for the public and that every operation should be required to submit and comply with a restoration plan for public safety. In referencing the previous controversy with a company wanting to establish a larger mining operation in this same vicinity, Commissioner Hanson stated that this particular operation is not in comparison as it is a further distance from the Margie community and a smaller scale operation. All Board members recognized the need for gravel resources in the County. Commissioner Hanson made a motion to defer the issue back to the Planning Commission for further evaluation but the motion failed for a lack of a second as Board members understood that denying the CUP without prejudice returns the matter to the Planning Commission where a zoning change and CUP will be considered.

2006/11-11 Motion by Lepper, seconded by Pavleck accepting the recommendation of the Planning Commissioner to deny the Conditional Use Permit for Gerald Albrecht for a one acre mining operation in the Margie area without prejudice to allow the matter to be further evaluated through the Planning Commission. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair opened public comment period at 11:50 a.m. Dan McCarthy requested information as to why the Board does not tape their meetings and stated concern that public comment period does not start at the time scheduled on the agenda. Elaine Beach stated that the sewer installation in Morrison Point is going well. Jack Walls asked what percent of the sewer project is completed. Commissioner Pavleck stated the construction project is half done and expected to meet next year completion deadline. The Environmental Service Director stated that about half of the total sewer hookups are completed at this time. With no other comment, the Board Chair closed public comment period at 12:00 p.m.

2006/11-12 Motion by Lepper, seconded by Briggs to adjourn the meeting at 12:00 p.m. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.