REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, March 20, 2007; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Dennis Hummitzsch, Richard Lehtinen, Craig Engwall, Walter Leu, Bryan Anderson, James Gittemeier, John Miner, Doug Grindall, Einar Sundin, Jack Walls, Brian Youso, Jaci Nagle, Mary Lou Jensen; Reporter Lisa Kaczke

2007/03-21 Motion by Hanson, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-22 Motion by Hanson, seconded by Pavleck to approve the minutes from the March 13, 2007 regular meeting. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board was informed of the temporary hire of Kathy Hanson in the Community Service Department.

2007/03-23 Motion by Adee, seconded by Hanson accepting the employment separation of Robert Misner due to retirement effective April 1, 2007 and with appreciation forwarded from the County Board for his years of dedication and commitment to County service. Voting yes: Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-24 Motion by Pavleck, seconded by Adee to approve payment of the Auditor claims in the amount of $32,731.21, to approve payment of the Highway claims in the amount of $39,070.12; authorizing the Board Chair’s signature to the Auditor’s February vendor payment list verifying its review. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-25 Motion by Pavleck, seconded by Adee accepting the recommendation of Administration to approve a three-year service agreement with Government Management Group to conduct the County’s annual cost allocation plan for federal indirect cost reimbursement for administration of federal programs for the years 2006, 2007 and 2008 at the price of $3,500 per year and with the County Attorney approving the agreement for form and content. Motion further authorizes the Board Chair and Coordinator’s signature to said agreement. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-26 Motion by Hanson, seconded by Pavleck accepting the recommendation of the Housing and Redevelopment Authority Board to reappoint Delmer Anderson for another five-year term to the Authority’s Board of Directors. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board agreed to tentatively set the information meeting in Birchdale for Tuesday, May 1, 2007 at 5:30 p.m. and will await the community’s informational items to prepare the meeting.

2007/03-27 Motion by Hanson, seconded by Briggs to set aside $75,000 for timber and resource development reserves and $30,000 for park development reserves from the 2006 Trust Fund income as approved in the 2007 Land and Forestry Budget and as recommended by the Land Commissioner and to set aside $4.00 per capita from the 2006 Trust Fund income ($56,640) for promotion as allowed under MN Statute with allocation as follows: allocate forty percent of the promotion funds to the cities within Koochiching County with allocation ratio to be the same as in previous year and with a letter to accompany the checks stating what the funds can be expended on and when they have to be expended and to allocate sixty percent of the promotions funds to the Koochiching Development Authority to be held and utilized for the promotion of tourism, agricultural and industrial development as defined in MN Statutes. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-28 Motion by Hanson, seconded by Pavleck authorizing the Land Commissioner to obtain quotes and execute contracts for two park attendants to provide site management at County administered river access points for the Rainy River early fishing season and to request a funding contribution from Lake of the Woods County. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Land Commissioner informed the Board that $13,000 of grant funds were provided the Department by the Ruffed Grouse Society for wildlife enhancement projects.

2007/03-29 Motion by Pavleck, seconded by Hanson accepting the recommendation of the Planning Commission to approve REZ #0702, applicant Randall Patten, to rezone Parcels # 36-23-33000 and 36-26-21000, 105 acres on the west side of Highway 6 near the Itasca County line, from O-1 to AF-1. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-30 Motion by Pavleck, seconded by Adee that in order to obtain the best return on the sale of the remaining county-owned property less the site housing the Jackfish Sewer holding tank, to authorize the Environmental Service Director to incur expenses up to $10,000 to provide for moderate cleaning and repairs of the house and landscape the yard to correct any damage and visual effects due to the holding tank before the property is appraised and put on the market for sale. Further, that these expenditures will be reimbursed to the Environmental Service Budget from the property sale revenue. Voting yes: Lepper, Hanson, Adee, Pavleck; voting no: Briggs. Motion carried.

000 The Environmental Service Director provided the Board a completed scoping document for guiding the preparation of the new County Water Management Plan and which was approved by the BWSR Regional Board and recommended by the local Water Management Plan Advisory Committee. The Advisory Committee will now move forward on drafting the plan.

000 The Regional DNR Director provided the Board a status report on the Phase I conservation easement purchase with Forest Capital and stated that the County needs to approve the use of State Reinvest in Minnesota funds for this purchase. Board members inquired into the details of the sale but were informed that the information in negotiating a sale is non-public data under the Data Practices Act so he could only provide information in summary form. Board members expressed concern with having to give approval on something without knowing the details of the easement, but noting the Board’s conceptual support of the easement to retain the property for public purposes. In summary, the Director reiterated information provided in previous reviews with the County Board and staff in that the easement will guarantee the public foot access and motorized use is more specific to forest roads, trails and access issues. The Land Commissioner stated his support for the conservation easement to secure public use but with the understanding that traditional access uses are allowed for cabin leases and/or other property access. The Director stated that the request for a resolution of support to expend RIM funds on this easement is an accounting requirement for expenditure of these state funds.

2007/03-31 Motion by Pavleck, seconded by Adee adopting the following resolution supporting
the expenditure of Reinvest in Minnesota (RIM) funds for the Forest Capital Conservation
Easement for properties within Koochiching County:

WHEREAS, the Koochiching County Board of Commissioners supported the application of
Forest Capital to the Forest Legacy Program to fund and establish a working forest conservation
easement for certain lands owned in Koochiching County in Section 64-26, 64-25, 64-24, 64-23
and 63-25, 63-24, 63-23 and as described on the attached map; and

WHEREAS, Forest Capital now desires county board approval to use Reinvest in Minnesota
(RIM) funds to help acquire the easement, and

WHEREAS, In accordance with MS 84.944, Subd.3 and 97A.145, Subd. 2, the Commissioner
Of the Department of Natural Resources has provided the county board with a description of
Lands to be acquired in easement by the State of Minnesota for conservation purposes.

NOW THEREFORE BE IT RESOLVED, that the Koochiching County Board of Commissioners
approves the use of RIM funds to acquire certain lands (as described on the attached map and on
file in the Administration Office) for the Forest Capital Forest Legacy Project. Voting yes:
Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

00 The Regional DNR Director informed the Board that meetings will be taking place to
discuss with counties having Con Con lands, judicial ditch rule making and related state funding at the request of the counties. In addition, the Director informed the Board that OHV/ATV trail
designation under the current North of Highway 2 OHV/ATV Trail Designation Legislation for
state forests will begin in Koochiching County this summer. The first step will be ground work
with DNR staff working with County staff to lay out a plan for presentation in the public process.
Board members stated the County’s willingness to work with the DNR but believed the process
Will become controversial if traditional access and uses are denied and that the Board would like
the set of parameters as to how the process will be done provided beforehand and to ensure that
local interests are accounted for in the process. Board members expressed additional concern
with the process if the current North of Highway 2 Legislation is changed to the negative in the
2007 legislative session. In closing the Board thanked the Regional Director for the one on one
visit and updating the Board on issues impacting the County.

000 MnDot Representatives from District II met with the Board to review the ATP process and reviewed the nine proposed projects for the Koochiching County area for 2008 to 2011, noting that some of the planned 2007 work on Trunk Highway 11 was delayed to 2008 due to lack of funding. The Board reiterated its concern over the continued deterioration of Trunk Highway 11 from Loman to Baudette and the concern for public safety. MnDot representatives confirmed this concern and though work is planned for improvements, the funding for the State’s road system today provides for a preventive level, not replacement level, so it is difficult and frustrating to know what needs to be done but unable to accommodate the need due to lack of resources. The Board thanked the representatives for coming and providing information on road projects for the area.

000 The Board Chair called for public comment at 11:40 a.m. The Highway Engineer informed the Board he received a call from a resident from the Van Lynn Road today stating the train blocked the road for over twenty minutes and according to the caller, it is happening more frequently. The Highway Engineer stated that further information received indicated that people are parking their cars and walking between the train cars to get home. The Board members agreed that action needs to be taken as the potential for public harm is increasing. When the idea of breaking the train was raised, it was stated from previous conversation with CN officials that breaking the train will take even longer to move the train due to the time it will take to reconnect the train. The Board agreed to add the issue to the agenda. The following comment was taken after action on the train matter. Einar Sundin stated concern about public safety if impatience is causing them to walk between the train cars. Jack Walls stated concern with the lack of funding provided by the State to maintain a good and safe road system. With no other comment, the Board Chair closed public comment at 11:55 a.m.

2007/03-32 Motion by Pavleck, seconded by Adee to add blocking of the roads by CN trains to the agenda. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-33 Motion by Pavleck, seconded by Adee authorizing the Board Chair, at his discretion, to seek a legal opinion as to the County’s rights to prohibit the continued blocking of roadways in the County by trains which has increased in frequency and has escalated concern for public safety. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board was notified that William Lahmayer was hired to fill a vacant part time deputy
position with the starting date pending.

000 The Board discussed with the Sheriff, replacement of the motor on the Sheriff’s patrol and rescue boat. The Sheriff provided the replacement recommendation on the advice of his Boat and Water patrol deputy as the boat is utilized for search and rescue and often requires towing other watercraft and that speed is needed for patrol and emergency response situations. The Board expressed concern with only having one quote and that other quotes need to be obtained and considered. In addition, the Board felt that quotes should be obtained by providing vendors the size of the boat and the uses as previously described, rather than requesting a quote for a certain motor. It was agreed the Sheriff would come back at the March 27th Board meeting with additional quotes for consideration.

000 The Sheriff presented an outline of required Sheriff staff training for utilization of the new Records Management System, which was established through a regional grant and a six-county membership with St. Louis County managing the system. The vendor for the system requires that those using the system need hands on training to fully understand the system. The system itself will eliminate any manual documenting and processing of information, which will eliminate duplication of effort. In response to the Board’s question, the Information Systems Manager stated that the savings to the county is about $1,000 a year in actual information system cost but added to this is the savings in staff time in recording, processing and accessing information. In addition, the system interfaces with the County Attorney’s computer system which provides even further efficiency in information processing and sharing. Finally, because this is a regional system, the information is shared between the other six counties’ sheriff departments making for efficiencies on a regional basis. In response to the Board’s concern that this large expense in staff training and interface costs is just being presented, staff stated that they were not aware of the issue until late last fall and did not have all the information to present a plan until now. They also stated frustration with the lack of communication in the process and having the trainer come to this area was looked at but was more expensive than sending staff to Duluth for training. The Board inquired as to the agreement in place for these six counties to ensure continuation of this system for the long term now that counties have to start investing their local funds to the system. An estimate of cost for staff training and system enhancements less funds already budgeted is about $29,000. The Coordinator recommended to tally all the cost after the training and system enhancements are done and when the 2007 County Budget is opened the end of November for review overall, a determination can be made as to what funding would be needed to cover the final unbudgeted cost as it is anticipated that efforts will be made in the Sheriff and Information System Budgets to cover more of this expense where possible.

2007/03-34 Motion by Briggs, seconded by Hanson accepting the recommendation of the Sheriff and Information Systems Manager for the Sheriff’s Department Record Management System’s enhancement and staff training plan with the understanding that an actual cost report will be established upon the completion of the training and system enhancements and that the Coordinator will determine and provide a recommendation at year end as to budget allocation needed to cover the cost and with the understanding that all efforts will be made to curtail costs where possible. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-35 Motion by Hanson, seconded by Adee to add a request to amend Board Motion 2007/01-17 pertaining to the trade-in of a Sheriff’s vehicle to the agenda. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Sheriff requested the Board amend Board Motion 2007/01-17 in which it awarded a 2007 vehicle bid less trade in of the 2000 Chevrolet Silverado extended cap pickup for $5,000 as it was determined that this 2000 vehicle is in good shape and another patrol vehicle is needed. To make up this budget difference, the Sheriff recommended selling two forfeited vehicles in which a quote of $2,800 was given by Wherleys and upon clearing title for a third forfeited vehicle with a higher value, will sell this vehicle and make up the budget difference.

2007/03-36 Motion by Hanson, seconded by Pavleck to amend Board Motion 2007/01-17 whereas the $20,749 bid award for a 2007 Ford F-150 4x4 pickup will not be contingent on the trade in of the 2000 Chevrolet Silverado pickup but that the vehicle will be retained in the Sheriff’s vehicle fleet, and further that the Sheriff will sell forfeited vehicles to make up the cost difference of the bid award without trade in or $5,000. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/03-37 Motion by Pavleck, seconded by Adee to adjourn the meeting at 3:09 p.m. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.