REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, August 28, 2007; 10:00 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Terry Murray, Frank Bahr, Susan Congrave, Nancy Lee, Richard Lehtinen, Todd Seller, Tony Stevens, Dan McCarthy, Mark Trompeter, Attorney Steve Shermoen, Terry Glowack, Glen Grad; Reporter Lisa Kaczke

2007/08-19 Motion by Briggs, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-20 Motion by Briggs, seconded by Adee to approve the minutes from the August 14, 2007 regular meeting. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-21 Motion by Adee, seconded by Pavleck to approve payment of the Auditor claims in the amount of $51,485.69; to approve payment of the Highway claims in the amount of $202,611.35; to approve payment of the Health claims in the amount of $10,810.22; ; to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented; to approve payment of the following burial cases: #1350445 in the amount of $1,407.50, #NCN in the amount of $112.50, #852023 in the amount of $1,529.00. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-22 Motion by Pavleck, seconded by Adee adopting the following resolution supporting Public Hearings on the impact of and proposed changes to the federal Clean Water Legislation:

Whereas, since its enactment, the Clean Water Act of 1972 (CWA) has led to significant and
continued improvement in the quality of the nation’s waters; and,

Whereas, two recent U.S. Supreme Court decisions (SWANCC in 2001, and Rapanos
in 2006) favoring local government and local landowners ruled that federal agencies exceeded
the authority granted them under the CWA; and,

Whereas, as a result of those decisions, legislation being considered in Congress (H.R. 2421 and
S. 1870) would expand federal authority under the Clean Water Act, by substituting ‘waters of
the U.S.’ for ‘navigable waters,’ and by adding ‘activities affecting these waters;’ and,

Whereas, the National Association of Counties, along with organizations representing
agriculture, forestry, mining, and a broad cross-section of other interests, are opposed to
this legislation; and,

Whereas, pursuant to the federal Clean Water Act, the Minnesota Legislature has enacted
legislation, notably the Wetlands Conservation Act of 1991 and the Clean Water Legacy Act of
2006; and,

Whereas, a legislative Subcommittee on Watersheds, Wetlands and Buffers was created in 2007
by the Minnesota House of Representatives to consider watershed policy; and,

Whereas, all water, land & people are located within the boundaries of a watershed; and,

Whereas, the foregoing federal and state legislation and actions by federal and state agencies has
led to undue hardship, unfairness, and unnecessary costs and confusion; and,

Whereas, there is a need for public forums to provide citizens with opportunities to testify and
give local, state, and federal elected officials information and guidance that will determine the
proper course of action of federal and state legislative bodies.

Now therefore it is resolved that the Koochiching County Board of Commissioners supports
public hearings prior to the enactment of additional clean water legislation.

Be it further resolved that Koochiching County Commissioner Wade Pavleck has been
authorized by the Koochiching County Board to represent Koochiching County
in testimony at such hearings, in cooperation and coordination with other appropriate local and
state elected officials. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-23 Motion by Pavleck, seconded by Adee authorizing Voyageurs Communications as
project manager for the upgrade of the Van Lynn Tower as recommended by Ehresmann
Engineering to include ordering and storing parts and obtaining a contractor to do the labor with
a budget not to exceed $15,400. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-24 Motion by Adee, seconded by Briggs to approve the employment separation of Social Worker JoDell Steele effective September 21, 2007 and authorize the Community Service Director to fill the Social Worker vacancy. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-25 Motion by Hanson, seconded by Adee to approve a Service Agreement with Silver Bahr Retirement Ranch 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.

2007/08-26 Motion by Adee, seconded by Pavleck to renew a Service Agreement with School District 363 for placement of a social worker in the Indus School 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.

2007/08-27 Motion by Pavleck, seconded by Adee accepting the following Foster Day Care and Day Care Licensing recommendations: Margaret Winkle for relicensing family day care for ten children and Janet Leerssen for closing home for day care at the provider’s request. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board was provided a copy of the August Foster Care Newsletter.

2007/08-28 Motion by Pavleck, seconded by Hanson to renew the Koochiching Family Collaborative Coordinator Contract as recommended by the Family Collaborative Board and upon approval of the agreement by the County Attorney. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board was provided an update on the Minnesota Childhood and Adolescence Vaccination Program which included a comparison of recommended children’s vaccines from 1985 to the present (nine vaccines added to the list since 1985). A rising public health concern is with the availability and affordability of the vaccinations. Those qualifying under the Minnesota Vaccination Program will receive the vaccine at little to no cost and those with insurance covering immunization will have the cost covered so there is no barrier for these qualifying groups in getting their children vaccinated. However, it is anticipated that there is a large group that is either underinsured or uninsured that have to pay out of pocket to vaccinate their children, which in total is up to $2,000 if all vaccines are given, not to mention a doctor’s office visit cost if brought to the medical clinic to receive the vaccine. From a public health perspective, immunization for children should be available and affordable to all families to ensure kids are immunized from preventable sicknesses. This concern is being monitored at the local and regional levels and that Public Health will be monitoring through the required school immunization reports the number of immunized kids entering schools. The Board stated their support to send a letter addressing the public health concern that cost barriers may impact a family decision to immunize their children.

2007/08-29 Motion by Hanson, seconded by Adee authorizing the Board Chair to sign a letter to the Department of Health and other determined state and federal agencies to address a public health concern in that cost barriers to families may be preventing some family groups from immunizing their children. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-30 Motion by Hanson, seconded by Pavleck acknowledging receipt of the minutes from the Professional Advisory Committee meeting held on August 24, 2007. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board received the Quarter 2, 2007 Health Department’s Financial and Statistical Report.

2007/08-31 Motion by Pavleck, seconded by Hanson authorizing the Environmental Service Department to expend up to $10,500 for the purchase of 11 new canisters and lids for some of the outlying County sites with expenditure from the 2007 Environmental Service Budget. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-32 Motion by Hanson, seconded by Adee to approve payment of $12,500 for a Jackfish Sewer Mainline Easement on property owned by Ronald and Leeann Meer, PID 15-064-00170, as recommended by the Project’s legal counsel. Voting yes: Hanson, Adee, Briggs; voting no: Lepper, Pavleck. Motion carried.

000 Representatives from the Lake of the Woods Sustainability Foundation met with the Board to provide an update as to the Foundation’s activities on bringing attention to the water quality concerns for Lake of the Woods. In addition, they requested an updated resolution from the Koochiching County Board as part of a collaborative effort, to request the IJC address the transboundary water pollution problems of Lake of the Woods. As reported, much has been done to start addressing and documenting the water quality problem but because it is an international issue, the Foundation is looking to the already established International Joint Commission (IJC) to address an international boundary issue. In addition, the IJC is already mandated with pollution control on the Rainy River, which is a tributary to Lake of the Woods. As stated before, the County Board members were supportive of the collaborative concept to support water quality improvement for Lake of the Woods, however, there is underlying concern with expanding the authority of the IJC as it is not clear how broad this authority would go into adjoining watersheds and what affect that would have on Koochiching County and its public. Dan McCarthy addressed the Board with concerns of placing the IJC in charge when the general public is not aware of their authority and who is making the decisions. Representatives informed the Board that Lake of the Woods will be on MPCA’s draft Impaired Waters List, which is a step forward in recognizing the water quality problems. The Board agreed to delay action on renewing the support resolution to allow members time to review the matter with other government representatives.

2007/08-33 Motion by Hanson, seconded by Pavleck to table action on the request for a support resolution for an expansion of the IJC’s mandate for Lake of the Woods as requested by the Lake of the Woods Water Sustainability Foundation until the September 4, 2007 Board meeting to allow the Board members more time to review the matter. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:50 a.m. Mark Trompeter addressed sewer hookup to his property and stated that the odor problem addressed by the County Board at a previous meeting is due to the Abitibi Mill draining and dredging their ponds in July and August based on information he received. Dan McCarthy reiterated his concern with expansion of the IJC authority, requested information on the County’s organization structure and addressed concerns with the KEDA organization. Einar Sundin inquired as to the purpose of upgrading the Van Lynn Tower. With no other comment, the Board Chair closed public comment period.

2007/08-34 Motion by Adee, seconded by Hanson to close session at 12:00 p.m. for negotiated property sale under the Open Meeting Law for a Jackfish Sewer Easement for Thomas and Melissa Fuller at 2960 Town Road 224, PID 15-053-00060. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried. (Present in the closed session: the full County Board, County Coordinator, Environmental Service Director and Attorney Steve Shermoen.)

2007/08-35 Motion by Adee, seconded by Pavleck to open session at 12:40 p.m. and recess for lunch. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-36 Motion by Adee, seconded by Pavleck authorizing the Complex Superintendent to purchase and install a new motor for the Courthouse elevator with cost not to exceed $4,000 and with funding from the Sinking Building Account, and further that the Complex Superintendent will work with the Board Chair should further authorization be needed to repair the elevator. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/08-37 Motion by Pavleck, seconded by Adee to adjourn the meeting at 3:10 p.m. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.