REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, October 7, 2008; 10:00 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Dennis Hummitzsch, Bob Murray, Matt Gouin, Richard
Lehtinen, Phil Miller, Pastor Cory Rintala, Louie Marvel, Joseph Jessop, Russell Helgeson, Tom
Carlson, Jessie Jessop; Reporter Lisa Kascke

2008/10-01 Motion by Briggs, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-02 Motion by Hanson, seconded by Lepper to approve the minutes from the September 23, 2008 County Board meeting with correction. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-03 Motion by Hanson, seconded by Adee to approve a Minnesota Lawful Gambling LG215 Lease for the Voyageur Trail Society, Inc. for lawful gambling activities at the Woodland Inn located at 4660 Highway 53, Ray, Minnesota for the period of December 1, 2008 to November 30, 2010 as recommended by County License Committee. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-04 Motion by Lepper, seconded by Adee to approve payment of the monthly County Board expense claims in the amount of $10,115.48. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-05 Motion by Lepper, seconded by Adee authorizing expenditure up to $2,250 for a lap top and printer for the Sheriff Department for emergency management purposes and to approve expenditure up to $1,900 for a lap top for the Health Department for emergency preparedness purposes as recommended by the I.S. Manager and with purchases covered by emergency management funds granted to the respective departments. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-06 Motion by Hanson, seconded by Briggs to set the 2009 timber auction dates as recommended by the Land Commissioner: January 21, May 6, August 5 and November 18.
Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-07 Motion by Hanson, seconded by Briggs to seek RFPs for County surveying services with the County Survey Committee to review and make a recommendation to the County Board. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-08 Motion by Lepper, seconded by Briggs to add to the agenda making application for potential funding for extending sewer to the Island View area. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-09 Motion by Lepper, seconded by Adee that due to Friend’s Garbage Hauling Services obtaining the business now under contract with the County for hauling MSW from the canister sites to the transfer station, to transfer the canister hauling service contract to Friend’s Garbage Hauling Services with no change in cost and service and until November 30 at which time the hauling contract would be up for bid. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-10 Motion by Briggs, seconded by Lepper certifying special assessments on commercial and exempt properties for their delinquent 2007 solid waste service fee plus a ten percent penalty to the Auditor/Treasurer for collection on the 2009 tax statements. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Environmental Service Director informed the Board that Benchmark Engineering informed him that there is a short window to submit applications for federal funding under Programs 569 and 219 which are funding sources fitting to the proposed extension of sewer to the Island View Area and that Benchmark Engineering would be willing to assist with the application process without charge.

2008/10-11 Motion by Briggs, seconded by Lepper authorizing the Environmental Service Director to submit applications on behalf of the County Board for potential funding sources for the proposed extension of sewer to the Island View Area, which was determined in a feasibility study to be a wastewater treatment solution for this area dependent on affordability. Further, requesting the Environmental Service Director to review funding applications with the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-12 Motion by Adee, seconded by Lepper to close session at 10:45 a.m. under attorney-client privilege to review pending litigation of Herrly vs. Koochiching County with the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-13 Motion by Adee, seconded by Lepper to open session at 10:55 a.m. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried

2008/10-14 Motion by Hanson, seconded by Lepper to approve the minor settlement of Herrly vs. Koochiching County in the amount of $90,000 as recommended by the MN Counties Insurance Trust’s Legal Counsel and the County Attorney and with said settlement paid by the MN Counties Insurance Trust. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board Chair opened a public hearing at 11:00 a.m. for the purpose of receiving public comment on a road vacation request by Northwoods Bible Church for a portion of UT 179, located in Ray, Minnesota. The Board received written comments in favor of the request and one written comment from an adjoining land owner opposing the request. The Northwoods Bible Church Pastor presented information supporting their request to vacate the portion of UT 179, which a portion is currently used by the Church as a parking lot and would accommodate a building site for their new church. Louie Marvel stated his support for the road vacation request and stated that years ago barricades were put up on the road. Joe Jessop, adjacent land owner, stated his opposition to the road vacation request as to do so would land lock his property (Lot 30 specifically) as there is no access from Highway 53 and the only access is from UT 179 off Highway 217. Currently the lot is used as farm field and he uses the UT access to haul materials to his field and bales out of his field. Russell Helgeson stated his support for the road vacation. Tom Carlson stated that the Church offered to purchase the lot from the land owner. In response to the information stating that the land owner has several access points to his property, Mr. Jessop stated that none of the accesses proposed by the Church’s information would provide access to Lot 30 nor are any of the access points suggested workable to his needs. Jessie Jessop stated that the Church has a lot of land so the building site plan in which the road has to be vacated is not their only option. In response to the question, the Pastor stated that if the road is not vacated it poses problems in utilization of the Church property altogether as if this remains a public access, areas for outside church activities and a playground for the kids becomes a safety issue. Also running utilities to the old church becomes an issue if this remains a public access. Board members stated that they would like to see property owners work this out. Commissioner Briggs stated that she can’t support the road vacation if it land locks a person’s property. Commissioner Pavleck felt the intent to eliminate public access for the Church property seems apparent with the barricades that went up long ago. Board members agreed to conduct a site visit with the Highway Engineer before acting on the road vacation request. The Board Chair closed the public hearing at 11:50 a.m.

2008/10-15 Motion by Hanson, seconded by Briggs to table action on the road vacation request by Northwoods Bible Church for a portion of UT 179 to allow the County Board to visit the site on Tuesday, October 14, 2008 (8:30 a.m.) to obtain more information. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board Chair called for public comment at 11:55 a.m. None was presented.

2008/10-16 Motion by Hanson, seconded by Adee to adjourn the meeting at 11:55 a.m. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.