REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 5, 2007; 10:15 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Terry Glowack, Doug Grindall, Richard Lehtinen, Keith Horne, Jim Miggins, Thor Thompson, Rod Otterness, Tim McBride, Steve Blair, Ryan Heinen, Paul Nevenan, Pam Tomevi; Reporter Lisa Kaczke

2007/06-01 Motion by Adee, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Lepper, Adee, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

2007/06-02 Motion by Pavleck, seconded by Adee to approve the minutes from the May 22, 2007 regular meeting with correction. Voting yes: Lepper, Adee, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

000 The Board received notice of the hire of LPN Berri Baron effective April 25, 2007.

2007/06-03 Motion by Briggs, seconded by Adee to accept the recommendation of the Personnel Committee approving the updated Health Department position descriptions for a B22 Bookkeeper and a B21 Medical Secretary. Voting yes: Lepper, Adee, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

2007/06-04 Motion by Pavleck, seconded by Adee to approve payment of the monthly County Board expense claims in the amount of $8,330.00. Voting yes: Lepper, Adee, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

000 The Board confirmed their past position in not providing donations for 4th of July Celebrations as funding is provided by the County to cities annually through IRRRB and Promotion City Grants. Therefore no action was taken on the donation request by the International Falls 4th of July Commission.

2007/06-05 Motion by Pavleck, seconded by Adee accepting the recommendation of the Law Library Board and Administration Office authorizing the management of the County Law Library to the Law Library Board of Trustees upon filing of the Board’s By-laws, Law Library inventory, appointment of the Library Secretary, the list of the Board Trustees which sets forth auditable procedures for the County’s accounting standards and further, to approve the submitted 2007 Law Library Budget adjustment for an increase of $12,592 for law references and equipment/furniture with the expenditure increase to be covered by the Law Library fund reserves. Voting yes: Lepper, Adee, Briggs, Pavleck; absent for vote: Hanson. Motion carried.

000 The Board received notice that their participation in the NE MN Home Consortium Joint Cooperation Agreement will automatically renew unless the Board takes the position to withdraw from the Consortium. Commissioner Hanson, serving as the County’s representative on the Consortium Board, stated that the County receives HUD funding through this organization. The Board acknowledged their continued participation.

000 The Complex Superintendent, referencing the prior authorization given to fix a trip/slip area at the LEC, informed the Board that the intent to correct the problem by making an additional parking area did not pan out as the parking would extend out into the sidewalk which is not allowed. Therefore the Superintendent will fix the trip/slip area at an estimated cost of $500 and requested that the additional funding approved for the original project be reallocated to fixing the sidewalk at the southwest section of the Courthouse which is in need of repair, with an estimated cost of $1,500.

2007/06-06 Motion by Pavleck, seconded by Hanson revising a portion of Board Motion 2007/05-53 removing the inclusion of an additional squad parking area as part of the trip/slip fix at the LEC west entrance and authorizing up to $500 to repair the area and further, authorizing up to $1,500 to fix the sidewalk at the southwest section of the Courthouse, with funding from the Sinking Building Account as recommended by the Complex Superintendent. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/06-07 Motion by Pavleck, seconded by Hanson that under County Policy (Board Motion 89/08-31), to designate UT 195 in the Ericsburg area to also be named Watson Way as requested by the Watson family and recommended by the Highway Engineer. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair provided the Board a petition from residents living on CSAH 2 (Old Highway 11) requesting the one half mile section of the Airport’s security fence along the road be landscaped with vines to prevent the fence from collecting blowing garbage and to improve the view.

2007/06-08 Motion by Briggs, seconded by Adee accepting the citizen petition from residents along CSAH 2 requesting landscaping for one half mile section of the Airport’s security fence running along the CSAH 2 right of way due to garbage and view issues. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair stated that the petition request may be an issue for the Airport Commission; however, he wanted to inform the Board and inquire as to whether anything could be done as a County Highway matter. The Highway Engineer stated he would check to see if a landscaping project for this area could be done as a CSAH project, noting that any work done to or around the Airport’s security fence needs to be reviewed with the Airport’s consultant to ensure it complies with the FAA fencing requirement.

000 The Environmental Service Director presented the draft 2007-2017 Local Water Management Plan from the Koochiching County Water Management Plan Advisory Committee which is to be put out for review by other locals units of government, other counties, state agencies and the public and will also be provided to various Canadian agencies. In addition, the County Board will need to schedule a public hearing, which is recommended for June 26, 2007. The goal is to have a final plan drafted for approval by the Board of Water and Soil Resources (BWSR) and the state Boards in August, 2007. Commissioner Hanson questioned one of Goal #1’s objectives as to adopting a local SSTS Ordinance by the end of 2007. The Director felt this was an achievable goal and noted in response to other comments, that funding will be needed to accomplish many of the plan’s goals. Commissioner Pavleck asked how the plan addresses wetlands in the County. The Director stated that the Water Plan references the County’s Wetland Flexibility Plan as the primary implementing plan for wetlands in the County, consistent with the wetland reference in the County’s Comprehensive Land Use Plan. In review of this section of the Plan, Board members questioned wording that the County is 68% wetland and though the Director explained its intent, the Board and Director agreed to remove the sentence. The Board stated their appreciation to the Committee for their work and scheduled a public hearing on the draft 2007-2017 Local Water Management Plan for Tuesday, June 26, 2007 at 3:30 p.m. in the Courthouse boardroom.

2007/06-09 Motion by Hanson, seconded by Pavleck authorizing the Board Chair to sign a license agreement with MN Power for encroachment of their 10 foot wide easement (as recorded November 8, 2004, Document #A000250124) on a particular piece of private property for the sewer line which was requested by the property owner to consolidate easements on the property and recommended by Legal Counsel for the Sewer Project. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 Commissioner Pavleck asked for time on the agenda to address the many concerns presented to him from developers and the City of International Falls regarding wetlands and the complex bureaucracy in mitigating wetlands as well as issued and/or threatened cease and desist orders on occurring development. The Board Chair opened the session for public comment. Keith Horne stated that he received a cease and desist order on his development project in the City of International Falls at the last minute and per the DNR Conservation Officer ordering the cease and desist, referenced wetlands because there is Tag Elder on the property. He stated the wetland mitigation process with its rules and regulations and paperwork are unclear and complex to the average person. That the County is 100% wetland and the City of International Falls was built on wetland so it is a losing battle when it comes to development. The County and City need to fight the bureaucracy to support economic development in the County. Jim Miggins reiterated that the bureaucracy with wetland mitigation is real and the process is unrealistic. He too received a cease and desist order for his development in the City and this is two years after receiving the development permit. Keith Horne stated that he also receive the cease and desist order long after his development permit and asked why the wetland representative wasn’t involved day one when the permitting process was happening. Thor Thompson also having a development project in the City stated he has not received the actual cease and desist order but was informed by the enforcement representative that there was one for him. City Administrator Rod Otterness stated the City’s frustration with what is happening to prevent development in the City. That the City Council at its meeting last night and in response to the developers’ request for assistance, agreed to hire Benchmark Engineer to establish a wetland mitigation bank for the City to allow the ongoing projects to move forward and provide for future development projects. Highway 53 needs to develop and the City is willing to battle on the issue. Commissioner Pavleck stated that the cease and desist orders are county-wide but that the City is at the forefront now. The County continues to battle at the federal and state levels for some recognition of the difficulty of developing in a county that is mostly wetlands. He pointed out his frustration with the 2007 legislative session in passing even more restrictive changes to the Wetland Conservation Act (WCA) as no matter what county you are in, the bureaucracy is sure to kill any development. The process does not educate but makes it so complicated that it discourages development. City Councilor Tim McBride stated that the County is depressed economically and now BWSR has put up a fortress. The City is willing to put forth their efforts to do something about this. Steve Blair stated that the DNR conservation officer was directed as part of his job to investigate the development for wetland issues, he did not go looking on his own. This was acknowledged but one of the developers stated the issue was how he delivered it. The question was asked if the Wetland Technical Advisory Committee (TAC) directed these development investigations. Soil and Water and the County’s Wetland Technician Ryan Heinen explained that TAC was formed last August which includes representation from Soil and Water, Environmental Services, DNR, Army Corp and BSWR so that everyone involved in wetland determination/mitigation and approval is at the table as a means to expedite the wetland process. The City of International Falls was invited to participate on TAC but to date has not. He further explained that he serves as the County’s Wetland Technician but because the City of International Falls adopted and therefore administrates their own wetlands under the Wetland Conservation Act, the City is responsible for the technical aspect of wetland determination/ mitigation in the City. The Board Chair asked if TAC was responsible for the cease and desist orders and the response was no. BWSR enforced the orders. The Environmental Service Director stated that wetland mitigation is difficult no matter how it is done as it is extremely complicated leaving local units of government and their citizens victim to complicated federal and state requirements. Having said this, the process is required at both the federal and state levels so the County provides local technical support to assist in the processing of wetland determination/mitigation for projects in the County. Jim Miggins in response to the City not participating in TAC referenced a letter where the City Administrator attended a TAC meeting in April stating that the City intends to response to the wetland concerns raised on several property developments, which was dated two weeks ago. Yet no time was given to the City to take action as within a week the cease and desist orders came. TAC needs to hold back and allow the process to happen. Steve Blair stated that TAC was not formed to go after property owners but to assist with wetland determination/mitigation. Ryan Heinen stated that the cease and desist orders are not permanent but put the project on hold until wetland determination/mitigation can be satisfied. Councilor McBride felt that the issue is the new BWSR that is being forced to see wetland problems everywhere. Commissioner Pavleck felt that maybe it is time for the County to part company with WCA. Pam Tomevi of Soil and Water explained that the purpose of TAC was to expedite the wetland mitigation process and that eliminating this committee will not eliminate the required process of review and approval by the various state and federal agencies. In closing discussion, the Board Chair deferred the wetland mitigation concern to the next County Board agenda (June 12) for the Board to further consider the comment and concerns and direction for the County in finding resolution. The Environmental Service Director stated he would contact BWSR representatives to see if they could attend the Board meeting next Tuesday.

2007/06-10 Motion by Pavleck, seconded by Briggs to approve Amendment No. 1 to the Homeland Security/Emergency Management Grant Contract #2000-9960 (approved in Board Motion 2004/09-41) providing an additional $3,195 to cover 2005 expenditure for the Sheriff’s Radio Communication Project and further, authorizing the Board Chair’s signature to the Amendment No. 1 Agreement. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair, serving as the County’s representative on the Kootasca Board of Directors, stated that he informed the Kootasca Board and the Agency Director that Koochiching County would be requesting a meeting with them to discuss the services and funding allocations to Koochiching County through this organization due to reduction of services to the County.

2007/06-11 Motion by Hanson, seconded by Pavleck to notify the Kootasca Director of the Koochiching County Board’s request to meet with Kootasca Board members and the Director to discuss services and funding to Koochiching County over the last five years along with the intended goals for the organization overall and as it relates to Koochiching County which will also include an organizational review as to positions and funding at the main office to that of the regional offices in each member county. The Coordinator is also instructed to contact the Community Service and Health Directors as to any other issues that should be reviewed at this meeting. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:30 p.m. No comment was provided.

2007/06-12 Motion by Adee, seconded by Briggs to adjourn the meeting at 12:30 p.m. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.