REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, September 11, 2007; 10:15 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Doug Grindall, Richard Lehtinen, Jim Miggins, Bob Bushway, Gerald Albrecht, Mark Trompeter; Reporters Lisa Kaczke and Mike Freeman

2007/09-15 Motion by Adee, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-16 Motion by Hanson, seconded by Briggs to approve the minutes from the September 4, 2007 regular meeting. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-17 Motion by Adee, seconded by Pavleck to approve payment of the Auditor claims in the amount of $23,920.70 and to approve payment to Attorney Lyndon Larsen for July and August contract legal services for the County Attorney’s Office in the amount of $11,394.40. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-18 Motion by Pavleck, seconded by Hanson approving the proposed 2008 County gross levy at $3,570,261 (3% increase over last year of $103,988). The 2008 proposed levy breakdown is as follows: General Revenue - $1,620,261; Community Service - $1,200,000; Public Health - $100,000; Highway - $500,000; Environmental Services - $150,000. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-19 Motion by Pavleck, seconded by Briggs to approve the 2008 tax levies for the following approved fire service taxing districts and to pay the respective 2008 service contract amounts: Fire District 1 (Northome) levy of $8,200, Fire District 2 (Littlefork) levy of $52,690, Fire District 2 (Loman) levy of $8,200, Fire District 3 (Birchdale) levy of $7,700, Fire District 4 (Williams) levy of $2,500, and Fire District 5 (Big Falls) levy of $20,000 and further, to approve the 2008 tax levies for the following approved subordinate service taxing districts and to pay the respective 2008 service contract amounts: Littlefork Ambulance Service levy of $36,000, Northome First Responders Service levy of $6,048, and Rainy River First Responders Service levy of $9,900. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-20 Motion by Briggs, seconded by Hanson to approve a 2007 Survey Department line item budget adjustment transferring $1,000 from field supplies to capital outlay and allow the purchase of a PC and Microfiche Reader for the Department from the $4,500 capital outlay budget. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair provided information on the IJC’s International Air Quality Advisory Board along with contact information should the Board want to inquire regarding the odor from the Abitibi Mill. The Board agreed to add the odor issue to the September 18 Environmental Service agenda for further review.

2007/09-21 Motion by Pavleck, seconded by Adee that be if resolved in pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the County of Koochiching to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. Be it further resolved, the County Board Chairman and the Highway Engineer are hereby authorized and directed for and on behalf of the County to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 90874”, a copy of which said agreement was before the Koochiching County Board and which is made a part hereof by reference. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director presented the Board the findings and determination from the Army Corps of Engineers for establishing the county-made Dunnick Lake as a Wetland Mitigation Bank. In order to mitigate wetland credits for county projects, the County established Dunnick Lake a number of years ago as a 19 acre wetland site and for all practical purposes, the County assumed the bank was approved. However, at the time the County and City needed wetland credits for the Airport project a couple years ago, they were informed that Dunnick Lake was not an approved site and had to purchase credits from another county. More recently, the Army Corps discovered that they did have a record of Dunnick Lake being approved but recalculated eligible acres based on current criteria. The determination presented to the Board from the Army Corps was that only 8.28 acres of the previously established 19 acre site would be considered for a wetland credit bank as some of the area no longer meets current guidelines. Further, the determination presented the Board is still subject to review of the prior restrictive covenant put in place at the time the lake was established to what the Corps would require now in the 8.28 acre covenant. Board members were unanimous with their disappointment in this determination, noting that the County invested money in establishing this bank and filed the bank with the appropriate wetland authorities and it is of no fault of the County that agencies made an error in not making a determination when the bank was established.

2007/09-22 Motion by Pavleck, seconded by Briggs directing that the Board Chair inform the Army Corps that the Koochiching County Board does not accept the determination made on Dunnick Lake for wetland credits and that the County Board requests a meeting with Agency officials to review the determination of Dunnick Lake as a Wetland Mitigation Bank. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:05 a.m. Jim Miggins asked Board members to visit his business development site in the City of International Falls to view the area determined by federal and state agencies as a wetland area, which goes through one of his existing storage buildings. As it stands, he can not expand his storage unit business on his property and will look to the Assessor for a property valuation reduction since he will not be able to use the remaining property. The bottom line in the City is that the 10,000 square foot exemption for filling a wetland only applies if the property contains the entire wetland area. In the City, properties are in lots so more times than not, the property owner does not own the entire wetland area, as is the case with his business development property. Bob Bushway addressed the Board with the flooding of his property after a recent heavy rain and after the County did the ditching work in the area to improve water flow. Road Maintenance Contractor Gerald Albrecht stated that ditching work was done on the County road beyond Mr. Bushway’s property and that no work has been done by Mr. Bushway’s property because right of way needs to be acquired to fix the ditch adjacent his property. Mr. Bushway stated that he received no written offer for the right of way or provided a ditching plan and felt if he sells the right of way, he has no guarantee it will fix the flooding of his property. As explained by the Highway Engineer, the ditch work along the Bushway property would include replacing a current culvert with a larger one. In addition, it was explained that the natural drain on the Dreher property will have work done on it by the property owner to open it back up which will also help the water flow in this area. The Board agreed that the property owner will need to provide the necessary right of way in order to further improve the ditching and water flow in the area and asked the Highway Engineer to report back to them in two weeks as to the status of this project. Mark Trompeter inquired as to a response from the Board on the letter presented by him at a previous public comment period regarding the Jackfish sewer project. Commissioner Pavleck stated that the letter was provided to legal counsel for the project. With no other comment, the Board Chair closed public comment period.

2007/09-23 Motion by Adee, seconded by Pavleck to adjourn the meeting at 12:04 p.m. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.