REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, October 21, 2008; 10:10 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Ann Scholler, Bob Peterson, Allen Kruse, Doug Grindall,Pastor
Cory Rintala, Louie Marvel, Jim and Jessie Jessop, Russell Helgeson, Ann Goering via
conference call, Phil Miller, Carl Brown; Reporter Lisa Kascke

2008/10-23 Motion by Lepper, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-24 Motion by Briggs, seconded by Lepper to approve the minutes from the October 14, 2008 County Board meeting. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-25 Motion by Lepper, seconded by Adee to approve payment of the Highway claims in the amount of $86,867.65. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-26 Motion by Hanson, seconded by Adee to approve a contract with Lakeland Pathology for 2009 medical examiner services pursuant to M.S. 390.31-35 with increased rates for physicians cost and external exam services as recommended by Administration and upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-27 Motion by Lepper, seconded by Adee to approve a service agreement with FirstLab for required federal DOT drug and alcohol testing for safety sensitive drivers with no change in fees as recommended by Administration and upon approval of the County Attorney (contract is a result of MCIT discontinuing contracting this service on behalf of all its member counties). Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-28 Motion by Hanson, seconded by Lepper to approve a Joint Powers Agreement with the Minnesota Office of the Secretary of State for reimbursement of expenses for the required recount in the September 2008 Primary Election as recommended by the County Auditor/Treasurer and upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/10-29 Motion by Lepper, seconded by Briggs that as Fiscal Agent and member of the Highway 53 Task Force, to approve a contract with Federal Advocates, Inc. on behalf of the Task Force for lobbyist services on the Highway 53 Four-Lane Project for 2009 at a rate of $1,000.00 per month (no change in rate) and contingent on the continuing cost-share agreement with the participating members of the Task Force. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Veteran Services Officer informed the Board that he did talk with Good Samaritan Care Center Director in reference to the idea of seeking a Veterans Care Center in the County and he had similar concerns of the other care center administrator in that it would place an unfair advantage on local care centers in recruiting staff. The VSO explained, to clarify information reported in the newspaper, that a V.A. Home is a federally funded regional veterans care center which is separate from a federally funded regional veterans medical center. That in order for eligible veterans to receive maximum benefits to cover cost of services in a care center and/or medical center, they have to receive services from these regional facilities. In discussion, everyone agreed it would be better for veterans to be able to use their entitled benefits to receive care and medical services in their own community, rather than having to travel long distances to regional facilities and that this may be the initiative to discuss with our federal and state representatives.

2008/10-30 Motion by Briggs, seconded by Lepper accepting the recommendation of the County Engineer to certify the final contract value for SP 36-702-02 (Harbor Lane) with Hammerlund Construction Company in the amount of $1,176,909. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board addressed the request by Northwoods Bible Church to vacate a portion of UT 179 between Highway 53 and Highway 217. The Board conducted a public hearing on the request on October 7th and conducted a site visit on October 14th due to opposition from an adjoining landowner to vacate the road. Board members in discussion with representatives of the Church and the adjoining landowner were informed that no mutual agreement was reached between the parties as the landowner wants UT 179 to remain. In review with the Highway Engineer, it was confirmed that MnDot would allow access to the adjoining landowner’s Lot 30 from Highway 53. The landowner referenced law regarding access if the property is five acres or more, however, in further discussion the current Lot 30 in question for access is less than 5 acres but the landowner’s total acreage is over 5 acres. The landowner stated that they have the same rights to build on Lot 30 and have access off Highway 217 as does the Church and they should not have to seek nor pay the cost of another access. And if they accept one of the proposals by the Church for an alternate access from Highway 217, do they get a graded road and who pays for it. In reference to the proposal by the Church to buy Lot 30, the property owner does not feel they should be forced to sell their property and it is their intent to build on the lot, not sell it. The Pastor stated that they offered to provide the landowner access through their property at another site off Highway 217 but they were not interested. The Church also stated they would pay the cost to provide the land owner reasonable access to his Lot 30. One board member was not supportive of the road vacation as the landowner has the right to access his property. The remaining board members supported the vacation in that the Church is willing to work with the landowner to give him an alternate access and in the board members’ opinion, the Church should pay the cost for an alternate access. In addition, board members agreed that past County action, informal or not, allowed the Church to pave part of the road and use it as a parking lot and barricade the road beyond the parking lot, which shows intent of the past County Board to abandon the road. In response to the question, the Pastor stated that the building site on their property is limited if this remains a public access as everything has to be set back from the road right of way and designed around this being a public access from Highway 217 to Highway 53.

2008/10-31 Motion by Lepper, seconded by Adee to approve the road vacation request by Northwoods Bible Church for a portion of UT 179 from Highway 217 to Highway 53 in Ray, Minnesota described as follow: 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, 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. Voting yes: Pavleck, Hanson, Adee, Lepper; voting no: Briggs. Motion carried.

2008/10-32 Motion by Adee, seconded by Hanson to close session at 11:15 a.m. for a status update on Hervey vs. Koochiching County with MCIT Attorney via conference call and the County Attorney. Voting yes: Pavleck, Hanson, Adee, Briggs, Lepper. Motion carried.

2008/10-33 Motion by Adee, seconded by Lepper to open session at 11:55 a.m. Voting yes: Pavleck, Hanson, Adee, Briggs, Lepper. Motion carried

000 The Board Chair called for public comment at 12:05 p.m. Carl Brown inquired as to whether the County Board considered his request to assist him with gray water disposal from island properties as he has only a couple more weeks to consider pumping the tanks before he discontinues barge service for this year. He stated that due to the high volume of gray water, it is cost prohibitive to barge and than dispose of it by truck. He would prefer utilization of the East Kooch Sewer System through the hook up at Northernaire Houseboats. Board members stated that the matter has to be discussed and resolved with the East Kooch Sanitary Sewer District Board and it was agreed the county commissioner representing the County Board on the East Kooch Sanitary Sewer Board would bring the issue up at the next meeting.

2008/10-34 Motion by Briggs, seconded by Hanson to adjourn the meeting at 12:20 a.m. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.