REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 26, 2007; 10:30 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Jaci Nagle, Terry Murray, Richard Lehtinen, Andrew Garvey, Jim Sirois, Steve Blair, Councilor Tim McBride, Dan McCarthy; Reporters Lisa Kaczke and Jerry Franzen

2007/06-38 Motion by Adee, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/06-39 Motion by Hanson, seconded by Briggs to approve the minutes from the June 19, 2007 regular meeting and the 2007 County Board of Equalization meetings. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/06-40 Motion by Adee, seconded by Pavleck to approve payment of the Auditor claims in the amount of $35,739.60; to approve payment of the Health claims in the amount of $14,308.85; to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented. Voting yes: Lepper, Adee, Pavleck. Motion carried.

2007/06-41 Motion by Hanson, seconded by Adee adopting the following resolution in support of the Renewal Energy Clean Air Project (RECAP):

Whereas, the Koochiching County Board passed a resolution in support of the Renewable Energy Clean Air Project (RECAP) on September 6, 2005 and continues to support the project for Koochiching County for both economic development and solid waste management purposes;

Whereas, through a coordinated effort of Laurentian RC&D and Coronal, LLC. additional presentations have been to the County Board, other governmental representatives and the public on plasma gasification of municipal solid waste (MSW) as a potential development project for Koochiching County. The project is now in the feasibility study and design phase.

Whereas, plasma gasification plants are operating in Japan and Europe and that gasification is not a burning process but rather the use of very high temperature in oxygen deprived environment transitioning solids to plasma, the fourth state of matter. In addition to providing energy for power, it transitions waste into useful byproducts such as hydrogen, ethanol, bio-diesel, vitrified glass, rock wool and more. Very few emissions are released in the gasification process.

Whereas, these operations are designed to fit small and rural towns and provide jobs, economic development, education and some level of energy security. In addition, the project is scalable and fits the available MSW feed stock supplies in most communities.

Whereas, Koochiching County would make one of the first plasma gasification developments in the nation and the Koochiching County Board expressed their support to continue the study for this development and to proceed in obtaining monies for the design and construction of the project.

Now Therefore Be it Resolved that the Koochiching County Board of Commissioners supports proceeding with studies to determine viability of a plasma gasification facility in Koochiching County to process MSW and other local residues and to secure monies for the design and construction of the project. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/06-42 Motion by Pavleck, seconded by Briggs to adopt the following resolution for application of Clean Renewable Energy Bonds for the Renewable Energy Clean Air Project (RECAP) proposed for development in Koochiching County:

Whereas, Koochiching County is a political subdivision of the state of Minnesota and by definition is a “governmental body” under Section 54(j)(3), a “qualified issuer” under Section 54(j)(4) and a “qualified borrower” under Section 54(j)(5), all such sections being part of the Internal Revenue Code;

Whereas, Koochiching County is considering to own and construct a waste-to-energy facility using Plasma Gasification technology (hereinafter referred to as “RECAP”) and such project by definition is a “qualified project” of Section 54(d) (2) of the Internal Revenue Code;

Whereas: Koochiching County will obtain all necessary federal, state and local regulatory approvals for RECAP;

THEREFORE BE IT RESOLVED, that the Koochiching County Board of Commissioners on behalf of Koochiching County authorizes the Board Chair to apply for and sign the application for an allocation of Clean Renewable Energy Bonds in the face amount of $1,975,000 for RECAP. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/06-43 Motion by Pavleck, seconded by Briggs authorizing the purchase of 20 personal computers and MS Office software under the Information System’s annual rotation cycle for replacement of computers in County departments as planned and budgeted for in 2007 with a cost not to exceed $28,000 as recommended by the Information Systems Manager. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/06-44 Motion by Pavleck, seconded by Hanson to adopt the following resolution in support of the City of International Falls’ application for state funds for a Voyageur Heritage Center/Voyageur National Park Headquarters Project in Koochiching County:

WHEREAS, the National Park Service has announced the National Park Centennial Initiative to “engage all Americans in preserving our heritage, history and natural resources though philanthropy and partnerships, reconnect people with their parks, and build capacity for critical park operations and facilities, and sustain them through the next century”, and
WHEREAS, the National Park Service is soliciting proposals for “Signature Projects” which will “leverage philanthropic, partnership and government investments to benefit national parks and their visitors” and “capture the imagination of the public, and
WHEREAS, it is the mission of Voyageurs National Park to “preserve the landscape and scenic waterways that shaped the route of the North American fur traders and defined the border between the United States and Canada”, and
WHEREAS, while “the waterways of Voyageurs National Park include one of the most important segments of the fur trade route used in the opening of northwestern North America” it only contains a portion of the fur trade route used by the voyageurs, and
WHEREAS, a Voyageurs Heritage Center is needed to provide an “information hub for the historic/interpretive sites along the Voyageur Highway” to include “state-of-the art exhibits and museum to interpret the history and significance of the North American fur trade and including the American Indian/First Nations peoples living in the region”, and
WHEREAS, Voyageurs National Park has proposed as a Signature Project for the National Park Centennial Initiative locating the “Voyageurs Heritage Center” in International Falls along with a new park headquarters, and
WHEREAS, the City of International Falls is on the Rainy River which is part of the Voyageur Highway and the city is also the gateway to Voyageurs National Park, and
WHEREAS, Voyageurs National Park has requested the partnership of the City of International Falls to create a Voyageurs Heritage Center/Voyageur National Park Headquarters on the Rainy River on property owned by the City of International Falls, and
WHEREAS, the City of International Falls supports the creation of a Voyageur Heritage Center/Voyageur National Park Headquarters in International Falls.
NOW THEREFORE BE IT RESOLVED, that the Koochiching County Board of Commissioners hereby supports the City of International Falls request for $6,487,385 from the State of Minnesota for purposes of constructing the Voyageurs Heritage Center/Voyageurs National Park Headquarters on property owned by the City of International Falls on Rainy River, located in Koochiching County. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/06-45 Motion by Adee, seconded by Pavleck approving a service agreement with Psychologist Connie Anderson to provide psychotherapy and/or case consultation as needed follow up services due to recent events involving the closure of day cares which is an unbudgeted expense and to be monitored as recommended by the Community Service Director and upon approval of the agreement by the County Attorney. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/06-46 Motion by Hanson, seconded by Adee accepting the recommendations for Foster Day Care and Day Care Licensing as follows: Melissa Fuller relicensing home for group family day care for ten children; Mary Jo Keeney to close home for day care services at provider’s request; Debra Lindner relicensing for group family foster care for twelve children; Charlene Crane relicensing the child foster care license for two children. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Community Service Director provided a financial report to the Board as to the outcome of the 2006 Department Budget, status of the current budget and a financial report on child support services. With regards to the 2006 Department Budget, $114,000 of fund spend down was budgeted but actual spend down is projected at $136,000 after accruals due to high regional treatment cost, and even after taking into consideration that out of home placement cost came in under budget by $60,000. For the 2007 Budget, the same high cost is occurring with corrections and regional treatment placements. However, the overall budget is in line at this time due to case management revenues. At the time the Board approved filling a third child support officer position, the Director was to provide a follow up report as to the impact this added position would have on expense and revenues. The Director reviewed that report. Child support cost in the Department requires only about $13,000 of county dollars, 4% of the total cost. In addition, it creates revenue for the General Revenue Fund for indirect cost reimbursement in the amount of $23,000 and also reimbursement to the Department for other support staff cost in the amount of $90,000. If the third officer wasn’t in place, the indirect cost to the General Revenue Fund would reduce by $6,000 and by $24,000 for other support staff reimbursement. With regards to the impact to other assistant programs, the Director stated that getting child support payments to parents is a means to prevent single parents from having to seek other financial assistance.

2007/06-47 Motion by Pavleck, seconded by Adee to authorize a 50% reduction in Jim Fiedler’s monthly arrears payment due the County for tipping fee for a period of eight months with the contingency that should there be a default on the reduced monthly payment owed during this 8 month period the payment automatically reverts back to the full amount due. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director presented the recommendation from the Planning Commission to deny a request for a conditional use permit and zoning change for applicant Andrew Garvey for a Writer’s Retreat on property located on Grindstone Island, PID 07-82-02120. Much opposition was received from the other property owners on the island as they do not want to see commercial use established. Mr. Garvey informed the Board that he would like the Board to dismiss his application without prejudice as due to the opposition he is withdrawing his application and will utilize his property for residential purposes only. Jim Sirois, in addressing concern of the island property owners of having commercial use established on the island, asked if a property owner could just start constructing guest cabins and eventually establish a lodge type-setting through the back door. The Board Chair explained that constructing a guest cabin requires a building permit and the Zoning Technician stated that only 1 guest cabin is allowed under current zoning for this property. If more than one guest cabin is planned for construction, it would require a change in zoning. Board members supported the idea of a writers retreat in the County but felt location is the concern in this case.

2007/06-48 Motion by Hanson, seconded by Pavleck accepting the recommendation of the Planning Commission to deny a request for a conditional use permit and zoning change for applicant Andrew Garvey for a Writer’s Retreat on property located on Grindstone Island, PID 07-82-02120. Voting yes: Lepper, Hanson, Adee, Pavleck; voting no: Briggs. Motion carried.

000 At the request of the Board, the Environmental Service Director provided in writing what he proposed as the pros and cons of the County being represented on the Wetland Technical Advisory Committee (TAC), which were reviewed by the Board. Commissioner Briggs stated her position that a Board member should be appointed to the committee so the Board can see and hear what is going on. Commissioner Pavleck felt his position to withdraw may be presumptuous, but he can’t help feel the County was part of a process that went bad and would rather see the County suspend its involvement until it is fixed. Councilor Tim McBride stated his position that he would not support a representative of the City on TAC. He stated the City did due diligence in their responsibility with wetlands in the City limits when issuing building permits and the City has development as a needed and high priority. The City supports the County in seeking resolution through statutory change. Commissioner Adee stated his support to have a Board member appointed to TAC for the same reason as Commissioner Briggs. Until something is changed, the best protection is to know what is going on. The Environmental Service Director reviewed the pros and cons stating that having the County’s Environmental Service staff on the committee is not absolutely needed and then stated his perspective in summarizing the recent events. The Board Chair stated that a change is needed for Koochiching County with development being number one in the framework but in the meantime, he also agrees a Board member should serve on the Committee as wetland rules and enforcement are going to happen whether we like it or not. The Zoning Technician stated his support for the County and City both to have representatives on TAC as the County should not be encouraging the public to do development projects without permits, building or otherwise. Commissioner Pavleck made a motion to suspend the County’s participation on TAC pending a plan with other agencies to dramatically improve wetland management in Koochiching County but it failed for lack of a second.

2007/06-49 Motion by Adee, seconded by Pavleck to support the continuance of County staff on the Wetland Technical Advisory Committee (TAC) and further, authorizing the Board Chair to appoint a Board member to TAC with periodic updates to the Board and upon conducting a review in six months of having County representatives serving on TAC. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried. (Board Chair appointed Commissioner Pavleck with Commissioner Adee as alternate.)

2007/06-50 Motion by Pavleck, seconded by Briggs to adopt a resolution to expand the East Koochiching Sanitary Sewer District to include the Plat of Ravenwood:

In accordance with the recommendation of the East Koochiching Sanitary Sewer Board, BE IT RESOLVED by the Koochiching County Board of Commissioners that the boundaries of the East Koochiching Sanitary Sewer District be expanded to include those lot owners in the Plat of Ravenwood that petitioned the East Koochiching Sanitary Sewer District to become part of the sewer district conditioned upon the extension of the sewer collection system to the Plat of Ravenwood pursuant to plans and specifications developed by Benchmark Engineering, Inc., and approved by the East Koochiching Sanitary Sewer Board at no cost to the East Koochiching Sanitary Sewer District, which collection system will be sold to the East Koochiching Sanitary Sewer District for the sum of $1.00 upon completion.

FURTHER, that this extension of the current Jackfish Bay Sewer project shall be constructed as
soon as possible by Wagner Construction, Inc., in conformance with the plans and
specifications developed by Benchmark Engineering. Koochiching County and the East
Koochiching Sanitary Sewer District shall cooperate with Wagner Construction, Inc., in
obtaining the necessary permits but all costs associated with this expansion shall be borne
by the participating property owners within the Plat of Ravenwood. Upon acceptance
into the East Koochiching Sanitary Sewer District upon completion of construction, the
property owners will be subject to all the rules, regulations and fees of the property
owners within the East Koochiching Sanitary Sewer District. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:20 p.m. Dan McCarthy addressed the Board regarding following agenda times. He also had questions regarding the draft resolutions for the Plasma Gasification Project and addressed concern with the investment of public funds for this project. He suggested the Board hire a firm to establish a wetland base for Koochiching County and other counties this side of the Laurentian Divide to present a factual argument to the State for change in the Wetland statutes. With no other comment, the Board Chair closed public comment period.

2007/06-51 Motion by Adee, seconded by Briggs to adjourn the meeting at 12:30 p.m. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.