REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, August 26, 2008; 9:05 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Terry Glowack, Bob Peterson, Jaci Nagle, Terry
Murray, Brian Jesperson, Susan Congrave, Richard Lehtinen, Dale Olson, Dan
McCarthy, Arden Barnes, Doug Grindall, Phil Miller, Marty Cody, Lynden Larsen,
Ronald and Delphine Nelson, Milo and Kay Larson, Kenneth and June Henrikson;
Reporters Lisa Kaczke and Jerry Franzen

2008/08-27 Motion by Adee, seconded by Briggs to approve the agenda with additions and deletions. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-28 Motion by Briggs, seconded by Lepper to approve the minutes from the August 12, 2008 County Board meeting. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-29 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $57,567.53, to approve payment of the Highway claims in the amount of $102,641.55, to approve payment of the Health claims in the amount of $26,716.85, to authorize the Board Chair’s signature to the Auditor’s July Vendor Payment Listing verifying its review; 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.

2008/08-30 Motion by Hanson, seconded by Lepper to sponsor the International Voyageurs Snowmobile Club and the Ridgerunner Snowmobile Club in the MN Trail Assistance Grant-In-Aid Program for Fiscal Year 2009 for a total grant amount of $100,098 covering the Blue Ox, Caldwell Brook and Lunstrom Trails and Hagerman, Voyageurs West and Loman Trails, prospectively. Sponsorship by the County requires that a Club/County Agreement be in effect (on file in the Administration Office). As sponsor, the County is accountable to the State for expenditures charged to the program; sponsorship does not require financial support or liability for cost from the County. Motion further authorizes the Board Chair and Auditor’s signature to the MN Trail Assistance Program Grant Agreement as recommended by the County Auditor/Treasurer. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-31 Motion by Hanson, seconded by Lepper to sponsor the International Voyageurs Snowmobile Club’s Capital Improvement Project for trail bridge repair under the MN Trail Assistance Grant-In-Aid Program for Fiscal Year 2009 for a total grant amount of $64,350. Sponsorship by the County requires that a Club/County Agreement be in effect (on file in the Administration Office). As sponsor, the County is accountable to the State for expenditures charged to the program; sponsorship does not require financial support or liability for cost from the County. Motion further authorizes the Board Chair and Auditor’s signature to the MN Trail Assistance Program Grant Agreement as recommended by the County Auditor/Treasurer. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-32 Motion by Lepper, seconded by Briggs that under the County Road Vacation Policy to set a public hearing on Tuesday, October 7, 2008 at 11:00 a.m. in the County Boardroom to receive public comment on a road vacation request by Northwoods Bible Church for a portion of road described as that part of the Southeast Quarter of the Northeast Quarter, Section 6, Township 68 North, Range 22 West, Koochiching County, MN, according to the recorded plat thereof, described as follows: Beginning at the SE corner of Lot 29, as shown on said Auditor’s Plat 15; thence north along the east lines of Lots 29 and 30, said Auditor’s Plat 15, to the intersection with the southerly right of way of Trunk Highway No. 53 as located in 2008; thence southeasterly along said southerly right of way to the northwest corner of said Lot 35, as shown on said Auditor’s Plat 15; thence south along the west line of said Lot 35 to the southwest corner of said Lot 35; thence west to the point of beginning. The purpose for the road vacation is the road has been abandoned and to become part of the Church’s parking lot. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-33 Motion by Lepper, seconded by Hanson to accept the low and only bid for the Courthouse Roof Replacement Project from Herman Roofing, Inc. in the amount of $28,911.00 as recommended by the Complex Superintendent. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-34 Motion by Briggs, seconded by Adee to approve the County Investment Policy as recommended by the County Auditor/Treasurer and as reviewed by the County’s Audit Firm. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-35 Motion by Adee, seconded by Lepper to approve the revised County Acceptable Use Policy for Computer and Network Systems as recommended by the Information Systems Manager and County Coordinator to strengthen acceptable system usage for protection and security of County data. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Community Service Director requested removal of the request to approve a managed care service contract with UCare Minnesota for chemical dependency services from the agenda as more information is needed on some of the contract terms before recommending it for approval. The Board concurred.

2008/08-36 Motion by Hanson, seconded by Briggs to renew the service agreement with School District 363 for social worker services as recommended by the Community Service Director and upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-37 Motion by Briggs, seconded by Adee to approve a lease agreement for a Canon Digital Copier as recommended by the Information Systems Manager and Community Services Director with the lease cost covered in the Community Service Budget. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-38 Motion by Adee, seconded by Briggs to approve a Licensed Child Care Provider and Legal Non-licensed Provider Application Policy for establishing fees to cover administrative cost of processing applications and conducting background checks as recommended by the Community Services Director with the fees established as Community Service Department revenue with the intent to consider this added revenue in lieu of county dollar allocations when setting the annual budget. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-39 Motion by Lepper, seconded by Hanson to approve payment of Burial Case #229185 in the amount of $1,642.50 and accepting the following Foster Day Care and Day Care Licensing recommendations: license the home of Pamela Rognerud for family day care for ten children; license the home of Linda Wolden for child foster care for two children. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Health Director reviewed the Department’s Quarter 2, 2008 financial and statistical report with the Board. The Director inquired whether the Board would like to meet with representatives from the Minnesota Department of Health as a follow up to the Department program/service review. The Board agreed to schedule a committee session for review of County Public Health responsibilities.

2008/08-40 Motion by Lepper, seconded by Hanson accepting the recommendation of the Planning Commission to approve CUP 0805 for the Kabetogama Lake Association for a billboard site just north of Ray described as part of Government Lot 3 east of the R/R right of way, Section 6, Township 68N, Range 22W, zoned C-1 and owned by Joe Jessop. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Environmental Service Director reported on the Small Cities Housing Grant received for the Jackfish Sewer Project to assist low income households. The grant period has expired resulting in 34 applications being approved granting $8,286 to each of the households for full payment of the multi-year special assessment charge to the property for the sewer system. The County received the payment and credited the sewer assessment for the respective property. The separate debt service charge remains in place for these properties.

000 The Environmental Service Director informed the Board that the August 12 revisions of the draft County SSTS Ordinance was put out for public comment and that no written or oral comment was received. In addition, the last draft was approved by the MPCA. The Director recommended its adoption.

2008/08-41 Motion by Lepper, seconded by Hanson that upon the review and public hearings conducted by both the County Planning Commission and County Board and upon approval of the MPCA, to adopt the Koochiching County Subsurface Sewage Treatment System Ordinance as recommended by the Environmental Service Director which is a state requirement for complying with State Rules - Chapter 7080, 7081 and 7082 providing minimum standards for and regulations of subsurface sewage treatment systems and sewage disposal, including their property location, design, construction, operation, maintenance and repair with the intent to protect surface water and ground water from contamination by human sewage, protect public health and safety and eliminate or prevent the development of public nuisances and with said Ordinance filed for use and examination by the public in the Office of the County Auditor/Treasurer. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-42 Motion by Lepper, seconded by Briggs to table the agenda item on the construction contract change orders for the Jackfish Sewer Project until the next meeting for more information. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 At the request of the County Board, the Environmental Service Director provided five names for appointment to the RECAP Team conducting the feasibility study for a Plasma Gasification Plant in Koochiching County. After discussion, the Board agreed to the following persons to be recommended for appointment to the RECAP Team by the KDA Board: Bob Anderson, Wayne Merrell, Mike Romslo, Mark Meester, Rob Boyd, and Joel Maggert.

2008/08-43 Motion by Lepper, seconded by Adee to certify the final contract value for the Box Culvert Project on CSAH 94 (SAP 36-694-07) with Wagner Construction in the amount of $139,084.00 as recommended by the Highway Engineer. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-44 Motion by Lepper, seconded by Adee to award low bid for the CSAH 2 Shoulder Widening Project (SAP 36-602-14) to Gladen Construction in the amount of $712,733.45 as recommended by the Highway Engineer. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/08-45 Motion by Lepper, seconded by Hanson to certify the final contract value for the construction of Bridge No. 36530 and its approaches (SAP 36-608-14) with Dallco, Inc. in the amount of $953,533.91 as recommended by the Highway Engineer. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board Chair informed the Board that due to construction of a portion of the CN tracks in Ericsburg, the county road was blocked for over 2 hours causing concern for many of the residents, especially one resident that could not get the second load of concrete through to finish the slab for his new garage. CN Officials were notified, stating they would look into it. In addition, public complaints continue on the issue of CN not raising the bridge at Ranier when not in use by the train and which only allows small boat craft to navigate under the bridge. In discussion, all agreed that Rainy River is International waters and the situation with the bridge should be reported to federal and Canadian officials. The Board agreed that since CN stated they would provide a response to these concerns, asked that the Highway Engineer and Board Chair follow up with CN Railroad for their written response to include corrective actions and timeline and if the response is not satisfactory, the County Board will review its options for initiating legal action and get federal officials involved.

000 The Board Chair informed the Board that work on the Lindford Bridge Project over the weekend caused the loss of well usage for a property owner so he directed water delivery to the property so they had water for the weekend. The Highway Engineer stated that he was made aware of the matter and has taken corrective action and authorized the water delivery claim for payment.

000 The County Board at the direction of the County Attorney, reviewed additional information for reconsidering the Jacobson Cartway Petition, which they denied on July 22, 2008. On August 12, 2008 the County Board set in action the reconsideration of the Cartway Petition for today so that proper notice would go out to the affected landowners. Following this action and at the wishes of the Board, the County Attorney hosted a meeting with the attorneys representing respondents and the petitioner to see if a mutual resolution could be found but no resolution availed itself. The County Attorney reviewed the statutory obligations of the County Board under Cartway Law if the petitioner meets the requirements. Since it is likely one of the parties will appeal the Board’s decision to district court, the County Attorney advised the reconsideration of the Board’s decision to deny the Cartway to minimize liability and cost exposure for the County as his finding is that the Petitioner meets the requirements under Cartway law to be granted the cartway. In response to a Board member’s inquiry, the County Attorney stated that when the attorneys met a consideration of a land exchange was discussed but when it was brought back to the respondent, they were not interested. During the discussion, however, it was expressed that Mr. Jacobson would be willing to give up the easement for the cartway therefore reducing the damage award for the cartway. In response to a Board member’s inquiry, it was verified that the Petitioner would have to pay for the survey to establish the cartway. Commissioner Lepper stated that the issue is still there that Mr. Jacobson brought his access request to court three times and each time the court ruled on the easement so why is it now in front of the County Board. The County Attorney stated that the Court can not order a cartway, only the County Board, and the County Board can’t order an easement, only the Court. The difference is that the court ordered easement allows for only a 12 foot wide access and the cartway would allow for a 33 foot wide access. The Board Chair allowed for public comment. Dan McCarthy requested the definition and principal of law for a Cartway. The Highway Engineer in referencing previous correspondence confirmed with the County Attorney that the proposed east-west cartway route, if constructed, will run the center line on the section line. Ronald Nelson stated that Mr. Jacobson’s Cartway Petition is basically eminent domain for one person and that they have been in court three times with Mr. Jacobson on his access issue and all three times the Court held him to the existing easement. Ken Henrikson stated that the existing easement runs on their property and they have never denied Mr. Jacobson access and that Mr. Jacobson does not maintain the current access. In response to a County Board member’s inquiry, it was verified that the current easement/access to the Henrikson/Larson property would remain if Mr. Jacobson releases the easement for the cartway. The Board Chair inquired with the respondents in this matter whether it is a better scenario for them if the easement is released as it now ties up a lot of river front property. The Henrikson’s and Larson’s stated that it has little impact on them. Mr. Nelson stated that the proposed cartway route can be seen from their house where the existing easement can not. Attorney Larsen, representing Mr. Jacobson, stated that he is just looking to use his property and at first it was just for recreational, but now he wants to log it and maybe build a retirement home but the restricted easement does not allow him to do this. He has tried to work with the Nelson’s to allow him the access he needs for usage of his property but the Nelson’s are not willing to allow him any other access but what is in the current easement and therefore he can’t do anything with his property. It is why Mr. Jacobson is seeking relief under the Cartway Law. The Board Chair stated that he is disappointed that a land exchange or some other compromise could not be reached by the parties and feels that if the Board can not be assured that the easement will go away if the cartway is approved, he can’t support approving the Cartway. The County Attorney in response to the Board Chair stated that he could request something in writing from Mr. Jacobson on his willingness to release the easement for the cartway but nothing would be done until the Cartway is established. In addition, the County Board can not make release of the court ordered easement binding on the cartway approval. In response to the Board’s inquiry on deferring consideration of the cartway to another meeting, the County Attorney stated that the petitioner is under a time frame for the appeal process and that the deadline is close. With lack of a motion, the County Board took no action on the reconsideration of the July 22, 2008 denial of the Jacobson Cartway Petition.

000 The Board Chair called for public comment at 11:54 a.m. Dan McCarthy inquired on the status of the draft County Development Ordinance and the public’s awareness of the process and status.

2008/08-46 Motion by Lepper, seconded by Adee to adjourn the meeting at 12:00 p.m. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.