REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, April 22, 2008; 10:30 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Terry Murray, Val Long, Rebecca Schultz, Richard Lehtinen, Ron Peterson, Steve Blair, John Palabiski, Terry Stone, Bruce LaVigne, Phil Delphey, Tony Sullins; Reporter Lisa Kaczke

2008/04-32 Motion by Hanson, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-33 Motion by Hanson, seconded by Lepper to approve the minutes from the April 15, 2008 regular meeting. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-34 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $21,943.87; to approve payment of the Health claims in the amount of $13,057.83; to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-35 Motion by Lepper, seconded by Briggs accepting the recommendation of the Convention and Visitors Board of Directors to appoint Cheryl Mickow to replace Mary Ann Kasich, who submitted her resignation as a Board of Directors member. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-36 Motion by Lepper, seconded by Adee authorizing Board members' attendance to an open house at Lake of the Woods High School on May 14, 2008 at the request of the MN DNR to meet new regional staff. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-37 Motion by Hanson, seconded by Adee authorizing Commissioner Lepper to represent the County Board at the Koochiching County Historical Society's annual meeting on April 24, 2008 as a Board activity. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board was notified of the hire of Rebecca Schultz as a Financial Worker with a starting date of April 14, 2008.

2008/04-38 Motion by Lepper, seconded by Briggs accepting the recommendation for the following Foster Day Care and Day Care Licensing: closing a day care home for Diana Bolstad at the request of the provider and relicensing a group family day care home of fourteen children for Stephanie Dremmel. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-39 Motion by Briggs, seconded by Hanson that due to the current contractor not being able to provide further services, to transfer the Silverdale Canister Site Contract from Walt King to Gary Novak for the remainder of the contract period, ending November 30, 2008, with no change in terms and as recommended by the Environmental Service Director. Motion further authorizes the Director to submit on the Board's behalf, a letter of appreciate to Mr. King for his services. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-40 Motion by Lepper, seconded by Briggs accepting the recommendation of the Planning Commission to rezone 40 acres from O-1 to M-1 for property owned by Ron Peterson, (REZ 0704) described as part of the SE1/4 of the SW1/4 of Section 30 and part of the NE1/4 of the NW , Section 31, all east of the railroad and all in Township 71N, Range 23W (Parcel ID #15-030-34000 and 15-031-21000). Motion further accepts the recommendation of the Planning Commission to table the applicant's request for a Conditional Use Permit for a mining operation (rock blasting and crushing) due to insufficient information in the application, allowing the applicant to resubmit the application with the required information to the Planning Commission. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/04-41 Motion by Lepper, seconded by Briggs accepting the recommendation of the Planning Commission to rezone approximately 80 acres from AF-1 to RR-1 for property owned by Boundary Waters Land and Timber, Ltd, (REZ 0801), described as the SE1/4 of the SE/14 less Highway in Section 31 and parts of the SW1/4 of the SW1/4, NW1/4 of the SW1/4, and NE1/4 of the SW1/4 of Section 32, all in Township 71N, Range 22W (Parcel ID 07-31-44000, 07-32-31000, 07-32-32000, 07-32-33000). Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 Via conference call, representatives from the U.S. Fish and Wildlife Service reviewed the proposal to expand the critical habitat for the Canadian Lynx under the U.S. Wildlife Endangered Species Act. The Board was informed that the April 28, 2008 public comment deadline is extended but at this time the new deadline was not available. As explained, this is the first information sharing process for public comment and that a second comment period is planned after an economic assessment is completed of the impacted land in the proposal. The Board referenced an article in which a U.S. District Judge ordered the State of Minnesota to promptly take all action necessary to insure there is no further taking of threatened Canadian Lynx by trapping or snaring activities within the core lynx range in northeastern Minnesota. Representatives stated that they are currently working with the DNR to comply with this order and though parallel to the habitat designation issue, is a separate process. In response to the questions, representatives stated that the State is committed to its trapping season and the laws administered by the U.S. Fish and Wildlife Act is not anti-trapping. In addition, the judge's order gave a very short timeline for compliance so did not provide the State much time to consider an appeal. Board members expressed their strong position that this expansion of the critical habitat for the Canadian Lynx is unnecessary and just another diminishment of freedoms, coupled with the fear it will grow into something even more restrictive. U.S. Fish and Wildlife representatives stated that they have received no comment that the 2006 lynx habitat designation had an adverse affect. Board members stated that the 2006 designation was all within the area of Voyageurs National Park which has no trapping and is a wildlife preserve. This new proposal is impacting 8,226 miles of private, state and federal lands which supports recreation, forestry and development. Board members again expressed strong opposition to this proposal and do not understand why this is being pursued when the lynx is a protected species and its population is thriving. Board members questioned how the U.S. can protect the lynx in northern Minnesota when right across the Canadian border, the Canadian Lynx can be trapped. Board members also feared that the Army Corps will support this designation and wetland mitigation and any other permitting under the federal Clean Water Act will become impossible. When asked, representatives stated that the lynx habitat is mostly upland and dense areas, however, low lands is also a part of their den habitat. The question was asked on how the U.S. Fish and Wildlife Service will weigh the public comment received on this proposal. U.S. Fish and Wildlife representatives stated that their minds are not made up on the proposal and are obligated to the public to consider all information, including their input, when making the final decision. When asked why they would not hold the public comment process after the economic assessment is completed, representatives stated that they break down the public comment into difference segments so not to overwhelm the review process with a ton of information at once. Board members thanked the representatives for the review and representatives stated they would provide the new public comment deadline as soon as it is known and will submit the address where public comment is to be sent.

2008/04-42 Motion by Lepper, seconded by Adee to adopt the following resolution and submit the position to the U.S. Fish and Wildlife Service in opposition to the proposed Critical Habitat Designation for the Canadian Lynx in Northern Minnesota:

WHEREAS, the U.S. Fish and Wildlife Service proposed on February 28, 2008 to revise the Canadian Lynx Critical Habitat by expanding it by 8,226 miles in Minnesota; and

WHEREAS, about 145 miles of the Lynx Critical Habitat expansion would be located within Koochiching County; and

WHEREAS, the actual economic impact of the Critical Habitat designation is presently unknown and likely unknowable; and

WHEREAS, the literature, including statements from the Canadian Ministry of the Environment, seems to largely concur that in general, human activities do not seem to be threatening lynx populations and that logging in the boreal forest that results in a good mix of mature conifer stands and in regenerating stands, may even enhance habitat for lynx with cover and food stock with increasing the snowshoe hare population; and

WHEREAS, the lynx population swings and covers a wide range making trends scientifically challenging to validate; and

WHEREAS, pending legislation (H.R. 2421 - Clean Water Restoration Act) would vastly add the power of federal licensure requirements to Koochiching County and other Minnesota lands; and

WHEREAS, our conclusion is that Best Management Practices in Silviculture, along with the existing trapping restrictions are the most reasonable and cost effective ways to support the Canadian Lynx population.

NOW THEREFORE BE IT RESOLVED that the Koochiching County Board finds that the expansion of the Canadian Lynx Critical Habitat is unnecessary, unduly costly and against the interests of the County of Koochiching. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board Chair called for public comment at 12:09 p.m. Bruce LaVigne thanked the Board for being on top of the Lynx Habitat Designation proposal as he too is concerned that it will further restrict and add more barricades to development in the County. Terry Stone asked if other resource management organizations in which the county is involved will be provided the County's position on the lynx matter. Board members concurred that they will carry the Board's resolution to their other county organizations for support.

2008/04-43 Motion by Lepper, seconded by Adee to adjourn the meeting at 12:15 p.m. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.