REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, April 8, 2008; 10:00 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Doug Grindall, Dennis Hummitzsch, Richard Lehtinen, Dave Serrano; Reporter Lisa Kaczke

2008/04-11 Motion by Briggs, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-12 Motion by Hanson, seconded by Lepper to approve the minutes from the April 1, 2008 regular meeting. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-13 Motion by Briggs, seconded by Adee to accept the recommendation of the Personnel Committee for a Part Time County Veteran Services Officer position description and further, to authorize the filling of the position due to the current Officer's employment separation on June 1, 2008. Motion further accepts the recommendation of the Personnel Committee for the County Board's hiring plan to fill the position. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-14 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $18,615.10; authorizing the following internal 2008 County Budget adjustment transferring $1,832 from the Budget Contingency to the Complex Capital Outlay Budget and to approve payment to Northern Business Services in the amount of $1,832 for the boardroom chairs with payment from the 2008 Complex Budget; to approve payment of $7,391.86 to Kennedy Scales for repair of the weight scales at the transfer station with payment from the 2008 Environmental Service Budget. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-15 Motion by Adee, seconded by Lepper to approve the Confidentiality and Intellectual Property Agreement between the County, KDA, KEDA, Coronal, LLC, R.W. Beck and Westinghouse Plasma Corporation, presented as Exhibit B in the Professional Service Agreement with R.W. Beck for the Comprehensive Feasibility Study of a plasma gasification waste-to-energy facility proposed to be located in Koochiching County and further, to authorize the Board Chair's signature to the Agreement upon approval by the County Attorney.. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-16 Motion by Lepper, seconded by Briggs that the County Board of Koochiching County ordains the Koochiching County Rural Addressing Ordinance to provide a system by which all primary structures located outside of the incorporated limits of municipalities will be assigned an address, and all owners of primary structures are required to post the assigned address in specific locations in accordance with standards set forth in this ordinance. The purpose of this address system is to promote the public health, safety and general welfare and is intended to further the implementation of the Emergency Telephone Services Act, Minnesota Statute(s) 145A.05; 145A.10 subd.7; and, 403.07. For the purpose of E911 signage within Koochiching County, Phase I parcels that will receive signage are described as all habitable dwellings on maintained roads as determined by a combination of criteria including, but not limited to, the property classification within the county property tax system, building value, county staff knowledge of the property and/or roadway accessing the property including all exempt properties and excluding seasonal recreation, properties off maintained roads and island properties. Initial installation and costs of the signs in Phase 1 shall be performed by the County. The cost for any additional signs and ongoing maintenance is the responsibility of the property owner. Address applications for new construction or previously un-addressed property shall include a fee which covers trip charges for GPS work, assignment of address, and installation of emergency address signs. All persons, firms, corporations, and other legal entities constructing new structures or locating or relocating mobile homes in unincorporated areas of Koochiching County, shall obtain an E911 address application form, duly issued by the Koochiching County Zoning and Environmental Services Office. Coordinates shall be verified and addresses issued by the E911 Coordinator or appointee as part of the Construction Permit issuance process when application is made to locate a new residence or other commercial venture within Koochiching County. No utility company operating in Koochiching County, shall furnish its utility services to any new structure or manufactured home, including a stick-built residence or manufactured home that is moved from one location to another in an unincorporated area, until it has been issued a valid address by the E911 Coordinator. When a new Subdivision Plat is recorded or whenever a new road is established by other means it shall be the responsibility of the sub divider or individual petitioning to establish the road to provide an E911 sign which conforms to the standards in the ordinance. Any person who violates any of the provisions of this ordinance, or who fails or refuses to comply with the provisions of this ordinance shall be guilty of a misdemeanor. A complete copy of the Ordinance is available for inspection by any person during regular office hours at the Office of the County Auditor. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-17 Motion by Hanson, seconded by Lepper authorizing the Highway Engineer to call for bids for 911 signs and installation under the Phase I County-wide 911 Signage Plan as recommended by the 911 Signage Committee with a bid opening on May 12 and results to the County Board on May 13. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-18 Motion by Briggs, seconded by Lepper authorizing the Highway Engineer to call for bids for SAP 36-601-08, (replacement of Bridge No. 5804 and construction of approaches on CSAH 1), with a bid opening on May 12 and results to the County Board on May 13. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-19 Motion by Lepper, seconded by Adee to revise County Board Resolution 2008/03-27 authorizing the Highway Engineer to submit the County State Aid Highway Designation for CSAH 155 between TH 332 and TH 11 to the Municipal Dispute Resolution Board:

WHEREAS, the Koochiching County Board of Commissioners authorized the County Engineer to apply for Federal High Priority Projects funds for construction of a connection road, herein referred to as CSAH 155, between TH 332 and TH 11 in 2002; and

WHEREAS, funding for this project was included in the last federal highway bill; and

WHEREAS, several public meetings were held by the County Board beginning in April, 2006 to receive input on this project and including the County Board's support and appointment of County representation on a Burner Road Solution Task Force at the request of the City of International Falls; and

WHEREAS, the Koochiching County Board of Commissioners gave its approval for the CSAH 155 project in September, 2007; and

WHEREAS, the findings of the Burner Road Solution Task Force, provided in December, 2007, found that a majority saw the need to vacate the Burner Road for safety purposes as presented by Boise but there was no consensus with regards to a position on the County's proposed CSAH 155 project; and

WHEREAS, following the Burner Road Solution Task Force report, a resolution from the City of International Falls was provided to the Koochiching County Board of Commissioners concluding their position that vacation of the Burner Road (within the City limits) is approved contingent upon the construction of a truck bypass from Highway 332 to Highway 11 abutting and serving the Foreign Trade Zone; and

WHEREAS, the Koochiching County Board held public comment sessions on January 29 and again on February 5, 2008 to review and discuss the pros and cons of the County's CSAH 155 Project and the City's position to route the road to the Foreign Trade Zone; and

WHEREAS, the Koochiching County Board on February 5, 2008 reaffirmed its September 2007 authorization for the Highway Engineer to proceed with his recommended CSAH 155 Project and
on February 19, 2008 designated this route as a County State Aid Highway;

WHEREAS, the proposed improvement is within the City of International Falls and therefore the County State Aid Highway designation must be approved by the City, and

WHEREAS, the City of International Falls took no action on the County's request to support the County State Aid Highway designation at their March 3, 2008 council meeting; and

WHEREAS, the City of International Falls prefers that a road be constructed to the Foreign Trade Zone in lieu of the County's proposed road; and

WHEREAS, the County needs to move forward with this project if this project is to have a construction letting date by October, 2009, the expiration date of the last federal highway bill.

NOW THEREFORE BE IT RESOLVED, that the County of Koochiching requests that the Minnesota Commissioner of Transportation convene the Municipal Resolution Dispute Board to resolve the CSAH designation dispute for Koochiching County's CSAH 155 Project.
BE IT FURTHER RESOLVED that the Koochiching County Board of Commissioners request that plan approval by the City be granted concurrently with the County State Aid Highway designation in order to avoid placing federal funds at risk. The County will work with the City, Mn/DOT, and Boise to develop an acceptable design that meets state aid and Mn/DOT standards and the needs of all parties. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.
000 The Highway Engineer reviewed Minnesota Statute 161.16 which states that a road be turned back to its original owner unless there is an agreement between the original road authority and the local political subdivision. In reviewing documentation on the Burner Road no agreement was found between the County and City of International turning this road over to the City so therefore the Burner Road would be turned back to the County when it is undesignated as a portion of State Highway 332. The County Board concurred with this position.
2008/04-20 Motion by Hanson, seconded by Briggs to set aside $80,000 for timber and resource development reserves and $30,000 for park development reserves from the 2007 Trust Fund income as approved in the 2008 Land and Forestry Budget and as recommended by the Land Commissioner and to set aside $4.00 per capita from the 2007 Trust Fund income ($56,640) for promotion as allowed under MN Statute with allocation as follows: allocate forty percent of the promotion funds to the cities within Koochiching County with allocation ratio to be the same as in previous year and with a letter to accompany the checks stating what the funds can be expended on and when they have to be expended and to allocate sixty percent of the promotions funds to the Koochiching Development Authority to be held and utilized for the promotion of tourism, agricultural and industrial development as defined in MN Statutes. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.
000 The Land Commissioner provided information on the new venture of putting managed forests under the Carbon Emission Offset Program which becomes a revenue producer for the forest authority. However, it was noted that it also restricts energy producers, creating cost to industry and consumers on the other end. It was suggested that Board members review the program with legislators to learn the pros and cons and potential for Koochiching County.
2008/04-21 Motion by Hanson, seconded by Adee to renew the Service Agreement with WLLSD for the annual household hazardous waste collections and one business collection at the same terms and cost as previous years as recommended by the Environmental Service Director. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.
000 Commissioner Pavleck requested a review of the County's Wetland Flexibility Plan, (which was approved by the State), as to whether BWSR and the Army Corps recognize the flexibility granted to Koochiching County and work under its parameters when determining and mitigating wetlands in the County. Currently work is being done on wetland determination at the Foreign Trade Zone and the question was raised as to the application of the County's plan to BWSR and Army Corps wetland rules. The Environmental Service Director stated that the County works within the parameters of the County's Plan and that it is recognized by BWSR. However, the Army Corps does not recognize any flexibility in federal wetland rules and standards. The Director stated that the County uses its plan in wetland determination and mitigation, working with BWSR but thereafter, the wetland plan has to be worked out within the Corps rules and standards if the area is within their jurisdiction. The County Technical Advisory Committee brings BWSR and the Corps to the table which is helpful in getting positions upfront when looking at wetland determination and mitigation plans in the County.
000 The Board Chair called for public comment at 11:15 a.m. No comment was presented.

2008/04-22 Motion by Hanson, seconded by Adee to adopt the following resolution revising enrollment eligibility of County employees in the Courthouse AFSCME Union in a Post Employment Health Care Savings Plan at the request of the Union:

Whereas, it is the intent of the Koochiching County Board to adopt a policy for implementation of a Post Employment Health Care Savings Plan for AFSCME Council No. 65 LOCAL UNION NO. 510, representing County employees in the Courthouse Chapter (hereinafter, the "Eligible Employees).

Whereas the Union has submitted a Letter of Understanding to facilitate implementation of a Post Employment Health Care Savings Plan Policy for Eligible Employees at 100% of vacation (including bonus vacation) for those employees who have completed a minimum of three (3) years of employment with the County and entitled vested sick leave accumulations at the time of employment separation.

Now therefore, be it resolved that the Koochiching County Board hereby approves the Letter of Understanding from the AFSCME Local Union No. 510, Courthouse Chapter to facilitate implementation of the Post Employment Health Care Savings through adopted Policy with the Minnesota State Retirement System for Eligible Employees of the Courthouse Union of which a copy is on file in the Administration Office.

Further, that implementation of the Post Employment Health Care Savings Plan is effective upon Board approval and execution of documents with the Minnesota State Retirement System for enrolling said Eligible Employees. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-23 Motion by Adee, seconded by Hanson to adjourn the meeting at 11:20 a.m. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.