REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, September 4, 2007; 10:15 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Phil Miller, Doug Grindall, Richard Lehtinen, Todd Seller, Tony Stevens, Lee Grim, Nolan Baratono, Einar Sundin; Reporter Lisa Kaczke

2007/09-01 Motion by Adee, seconded by Hanson to approve the agenda with additions and deletions. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-02 Motion by Hanson, seconded by Pavleck to approve the minutes from the August 28, 2007 regular meeting. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-03 Motion by Adee, seconded by Briggs to approve payment of the monthly County Board expense claims in the amount of $5,931.68. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-04 Motion by Hanson, seconded by Briggs to renew the Lease Agreement with the Loman Fire Association for premises located on Lots 2-6 of Block 2, McIntosh’s First Addition to Loman with no change in terms and for the period of January 1, 2008 through December 31, 2011. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-05 Motion by Briggs, seconded by Hanson approving a full time Assistant County Attorney position as requested by the County Attorney and recommended by the Personnel Committee and further, authorizing the County Attorney to fill said position and allowing the necessary budget adjustments to accommodate the replacement of contracted services with the Assistant County Attorney position. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-06 Motion by Pavleck, seconded by Adee to set a public informational meeting on Tuesday, September 18, 2007 at 7:00 p.m. at the Ranier Community Building as recommended by the Highway Engineer to discuss with area residents the construction and rock crushing activities associated with the planned CSAH 102 (Harbor Lane) Project. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-07 Motion by Adee, seconded b Pavleck to add authorization to call for bids for the CSAH 102 Project to the agenda. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-08 Motion by Pavleck, seconded by Briggs authorizing the Highway Engineer to call for bids for the CSAH 102 (Harbor Lane) Project with a letting date of October 15, 2007 as recommended by the Highway Engineer. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-09 Motion by Hanson, seconded by Adee authorizing the Highway Engineer to call for bids for the maintenance of roads under County jurisdiction in the Mizpah, Northome and Gemmel area as recommended by the Highway Engineer. Voting yes: Lepper, Hanson, Adee, Briggs; voting no: Pavleck. Motion carried.

000 The Board Chair opened a public hearing at 11:15 a.m. to receive comment on the Highway Engineer’s proposed bridge replacement plan. The Highway Engineer reviewed five proposed bridge projects which included the Lindford Bridge and bridges on a township road in the Clementson area, on CSAH 8, on County Road 71, and on County Road 99. In preparing for the bridge plans, funding will be sought from the Federal Bridge Program, the Minnesota Transportation Program and the Township Bridge Program, with eligibility dependent of the bridge’s sufficiency rating. The Highway Engineer informed the Board that no written comment was received. The Board Chair opened the hearing for public comment of which none was received. The Board Chair closed the hearing at 11:30 a.m.

2007/09-10 Motion by Adee, seconded by Pavleck accepting the bridge replacement plan as presented and recommended by the Highway Engineer to include the Lindford Bridge and bridges on a township road in the Clementson area, on CSAH 8, on County Road 71, and on County Road 99. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-11 Motion by Pavleck, seconded by Hanson authorizing the Board Chair to send a letter in support of additional transportation funding and as it relates to the needed safety improvements on Highway 11 from TH 72 to TH 71 and further, authorizing payment of $2,000 from the 2007 Budget Contingency to Lake of the Woods County (fiscal agent) for the County’s participating share in the Trunk Highway 11 Improvement Task Force. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/09-12 Motion by Hanson, seconded by Briggs to accept the recommendation of legal counsel for potential settlement of a Jackfish sewer easement for property owned by Thomas and Melissa Fuller, PID 15-053-00060, to include a payment of $3,200, with approval contingent on execution of a settlement agreement. Voting yes: Hanson, Adee, Briggs, Pavleck; voting no: Lepper. Motion carried.

000 Representatives from two local IJC Advisory Boards and the Lake of the Woods Water Sustainability Foundation were present to provide additional information and to support a resolution from Koochiching County as part of a collaborative effort to have the IJC address the transboundary water pollution problems of Lake of the Woods. Information was provided on the International Joint Commission’s (IJC) mission statement and of its two local advisory boards, the Rainy Lake Board of Control charged with evaluating the impact of water levels and the Rainy River Pollution Control Board charged with water quality analysis and monitoring of the Rainy River. It was further explained that these advisory boards report information and recommendations to the IJC and have no regulatory authority. Representatives stated that the IJC is aware of the Lake of the Woods water quality problems and it is assumed that if the IJC gets involved, it would be through a local advisory board. Board members continued to express concern about expanding the IJC’s base whether through advisory boards or directly, due to the extensive shared watersheds and the potential for further regulatory impacts to the public.

2007/09-13 Motion by Adee, seconded by Pavleck that at the request of Lake of the Woods Water Sustainability Foundation, to adopt the following resolution in support of the Water Quality mandate for Lake of the Woods by the International Joint Commission (IJC):

WHEREAS, the Lake of the Woods is the largest lake in Minnesota, and

WHEREAS, the assurance of maintaining good water quality in Lake of the Woods is of vital importance to the social, economic and environmental well-being of Koochiching County, and

WHEREAS, there are clear signs of deteriorating water quality, of unknown causes, in Lake of the Woods, and

WHEREAS, the Minnesota Pollution Control Agency (MPCA) has placed Lake of the Woods on its draft list of impaired waters, for proposed listing on the 2008 EPA 303 (d) list of impaired waters; and

WHEREAS, Lake of the Woods is a boundary water as defined in the Boundary Waters Treaty of 1909, and;

WHEREAS, the International Joint Commission (IJC) has responsibility for water quality in the Rainy River, a major tributary and source of water to Lake of the Woods, and

WHEREAS, the IJC has brought concerns over potentially deteriorating water in Lake of the Woods to the attention of the governments of the United States and Canada and has recommended investigation by the IJC in cooperation with appropriate agencies, including those from Minnesota, Ontario and Manitoba, and

WHEREAS, the IJC is institutionally situated to help coordinate scientific investigation, monitoring and action steps across the multiple jurisdictions around Lake of the Woods to ensure timely and effective investigation.

NOW THEREFORE BE IT RESOLVED, that the Koochiching County Board of Commissioners supports the request of the Lake of the Woods Water Sustainability Foundation that the United States and Canada provide the International Joint Commission (IJC) with a reference to address the transboundary water pollution problems of Lake of the Woods;

BE IT FURTHER RESOLVED that a copy of this Resolution is forwarded to the State of Minnesota, the U.S. Department of State and the Lake of the Woods Water Sustainability Foundation. Voting yes: Lepper, Adee, Briggs, Pavleck; voting no: Hanson. Motion carried.

000 The Environmental Service Director provided the Board a copy of a letter from the MPCA to the Ontario Ministry of the Environment of Canada submitting the MPCA’s strong support for significant TRS emission reductions from the Abitibi mill under the Order that documented increasing odor and TRS emissions from the mill. The letter went on to request a written response to the letter describing the outcomes of the Ministry’s follow-up and investigation of the strong and increased odor and TRS emissions. Commissioner Pavleck stated that this is a step forward as to what it is and where it is coming from, however, there is still a public concern with health risk and a resolution is needed promptly. The Board asked that the Environmental Service Director stay on top of the issue with the MPCA and EPA to keep pressure on to get the problem resolved as a public health matter.

000 The Board Chair called for public comment. Einar Sundin commended the County Board for taking the time necessary to review matters before taking action. With no other comment, the Board Chair closed public comment period.

2007/09-14 Motion by Pavleck, seconded by Adee to adjourn the meeting at 12:10 p.m. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.