REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, February 5, 2008; 2:30 p.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Florence Hervey, Jaci Nagle, Terry Murray, Doug Grindall, Rob Boyd, Chris Mostad, Shawn Mason, Merlin Holme, Jerry Arason, Aarden Barnes, Jerry Snyker, Dennis Wagner, Tom Wherley, Barry Sherwood, Bill Dougherty, Bob Anderson, Donny Pullar, Mr. and Mrs. Sandy Dexter, Dan McCarthy, Randy Pozniak, Bill Gray, Bob Peterson, Don Billig, Ed Oerichbauer; Reporter Lisa Kaczke

2008/02-01 Motion by Lepper, seconded by Hanson to approve the agenda with additions and deletions. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-02 Motion by Briggs, seconded by Hanson to approve the minutes from the January 29, 2008 regular meeting. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board received notice on the temporary hire of Rita Eisterhold as fill-in/weekend Jail Cook.

2008/02-03 Motion by Lepper, seconded by Adee to approve payment of the monthly County Board expense claims in the amount of $8,394.17. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-04 Motion by Lepper, seconded by Briggs to table approval of the 2008 Northern Counties Land Use Coordinating Board (NCLUCB) dues until the February 12 County Board meeting to allow County Board representatives serving on NCLUCB to review the reason for the increase in dues. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-05 Motion by Hanson, seconded by Briggs to approve a Minnesota Lawful Gambling LG215 Lease for the VFW Post 3869 in Northome for lawful gambling activities at the Country Sampler Restaurant and Saloon located at 10814 County Road 25, Mizpah, MN 56660 for the period of May 1, 2008 to April 30, 2009 as recommended by County License Committee. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-06 Motion by Adee, seconded by Lepper authorizing the purchase of an A-VOX Logger Recording System to replace the existing system in the amount of $19,516.13 for the Law Enforcement Dispatch Center with funding from the 2008 E911 Budget and as recommended by the Sheriff and Information Systems Manager. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-07 Motion by Lepper, seconded by Briggs to approve the employment separation of Financial Worker Cathy Gordon effective March 4, 2008. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-08 Motion by Lepper, seconded by Adee authorizing the Community Service Director to fill the vacant Financial Worker position due to an employment separation. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-09 Motion by Briggs, seconded by Hanson to renew the Lutheran Social Service Guardianship Contract as recommended by the Community Service Director and upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-10 Motion by Adee, seconded by Hanson to approve a Medica Health Plans Agreement providing for waivered case management services by Community Service Financial Assistance staff for payment of $45,000 as recommended by the Community Service Director and upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-11 Motion by Lepper, seconded by Hanson to approve the Crabtree Senior Home Contract for waivered service adult foster care as recommended by the Community Service Director and upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-12 Motion by Briggs, seconded by Lepper to award low bid for County Bulk Fuel Delivery as recommended by the Highway Engineer with modification in that Diesel #2 for International Falls and Diesel #1 for Littlefork will be awarded to the low local bidder. Voting yes: Pavleck, Hanson, Lepper, Briggs; voting no: Adee. Motion carried.

2008/02-13 Motion by Hanson, seconded by Lepper to award low bid for Fuel Service Stations as recommended by the Highway Engineer. Voting yes: Pavleck, Hanson, Lepper, Briggs, Adee. Motion carried.

2008/02-14 Motion by Lepper, seconded by Hanson authorizing the Highway Engineer to further advertise for applicants for the Assistant Engineer position under the County Hiring Policy. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Highway Engineer provided the Board an overview of the process should the Board approve moving forward on the proposed Highway 332 Realignment Project as previously presented, noting that some of the original plan would change without the vacation of the Burner Road. The Board Chair opened the meeting for further public comment on the project. Comments were received from Highway 53 business owners concerned that this new route of Highway 332 to Highway 11 will detour traffic from entering Highway 53 into International Falls and therefore hurt their businesses. Comments were received on support of rerouting Highway 332 to the Foreign Trade Zone (FTZ), which was officially supported by the City of International Falls (City would vacate the Burner Road if the route went to the FTZ). Comments were received as to new safety concerns that will result by increasing car traffic with truck traffic on Highway 332 and intersecting on both Highway 11 and Highway 53 which has 50 MPH traffic. Comments were received that the County and City need to work together on the end result and represent all the stakeholders. Comments were received concerning safety on Highway 11 at the entrance of the City of Ranier if Highway 332 is rerouted to the FTZ and out to Highway 11 at this point. The International Falls Mayor stated that the City is willing to use the revenue received from Boise for vacation of the Burner Road to invest in the route to the FTZ in collaboration with the County and that the City is now working with Boise to resolve what they can with safety concerns on the Burner Road. Representatives of Boise spoke to (and written comments received) supporting the vacation of the Burner Road due to the increasing work activity in that area and increasing safety concerns with the mix of industry and public traffic. A representative of Boise commented on the company’s investment in this community in employment and to the business community and their commitment to continue to support the local economy. In addition, it was stated that Boise is prepared to provide the County the right of way for its proposed road project as the reroute will take some traffic off the Burner Road should the City not vacate it. In response to the comment, the Board members and Highway Engineer provided responses. With regards to the suggested route to the Foreign Trade Zone (FTZ), this route would not meet Trunk Highway status so MNDot would not approve this route as an extension of State Highway 332. The Board Chair stated the County is not out to hurt businesses and that any new road has the potential of having accidents and that is why you rely on the expertise of engineers and federal and state highway standards to make roads safe. The Highway Engineer’s proposed Highway 332 reroute project provides for the vacation of the Burner Road to Boise for safety reasons and is fully funded with federal and state dollars. The suggested reroute to the FTZ will require a large investment by the local taxpayer and is not a feasible reroute option for the County taxpayer. A route to the FTZ could be dead ended as a County Road which construction and maintenance would require all local dollars. Or a route to the FTZ could be routed to come out at Highway 11 by Ranier as a CSAH road, where state dollars could be used for construction and maintenance. However, if the CSAH designation is done, the Burner Road would have to remain as the extension of State Highway 332 so therefore could not be vacated. The estimated cost to put a road to the FTZ is $1 million. The concerns that traffic will be diverted from the Highway 53 business district is understood but traffic can do that now with the current Highway 332 route and it is not realistic to think that all traffic coming in on Highway 71 and Highway 53 will use Highway 332 as it isn’t now. The Board Chair stated that the County is committed to spurring economic growth in the County and spoke to the work of local representatives on bringing the Highway 53 four-lane project to reality, improving road infrastructure to International Falls. In addition, there is a Task Force formed to work on the VNP Gateway Corridor Project which very few businesses are attending. This Corridor Project is intended to enhance the entrance to International Falls as the entrance point to Voyageurs National Park and attract people to the Park, which will support all businesses. In supporting Boise in its need to vacate the Burner Road, it shows this Community’s support for industry development and the local commitment to provide needed infrastructure for industry. Decision on this project is difficult for the County and sometimes leadership requires tough decisions. In the end the Board believes the project will improve the County’s transportation infrastructure and not have the negative impact on the businesses that has been expressed in the public comment on this project.

2008/02-15 Motion by Lepper, seconded by Adee that after receiving the position of the Highway 332/Burner Road Task Force and upon receiving further public input, to reaffirm Board Motion 2006/09-48 in authorizing the Highway Engineer to proceed with the original TH 332 Relocation Project with amendments as recommended by the Highway Engineer to accommodate for the change in plans should the Burner Road not be vacated. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board Chair opened a public hearing at 5:30 p.m. to receive comment on whether a subordinate service taxing district should be established to provide funding for fire protection within a described area of School District 361. The County Coordinator stated that under the current structure for providing fire protection in this designated service district, the County has entered into contract with the City of International Falls and the Rural Fire Protection Association and a structure is needed to ensure the necessary funding to provide the service. The intent of the County Board in establishing this taxing district is not to change the current flat fee assessment but provide a mechanism to certify unpaid service charges to the Auditor for collection through property tax statements. The Board Chair opened the hearing for public comment. The Coordinator noted that no written comment was received. Dan McCarthy in referencing the $30,000 of uncollected 2006 and 2007 service charges stated that the County has an obligation to collect this money and the debt should not be written off. Representatives of the Rural Fire Protection Association stated that they continue to work on collection of this debt. Everyone needs to pay their share or the service charge has to be increased to cover the financial obligations for providing this fire protection. With no other public comment, the Board Chair closed public comment. Commissioner Hanson stated that he was contacted by a few properties that are closer to the Littlefork Fire Station than the International Falls Fire Station and feel they should receive service from Littlefork. RFPA representatives stated that the first step is for the property owners to contact them to review the situation but that they would also need to contact the Littlefork Fire Department to determine if they can receive protection from the Littlefork Fire Service District. The Board Chair closed the hearing at 5:50 p.m.

2008/02-16 Motion by Lepper, seconded by Briggs adopting the following resolution for the purpose of creating a subordinate service taxing district for fire protection service for a described unorganized area within the boundaries of School District 361:

WHEREAS, a request has been presented to the County Board for establishment of a subordinate service taxing district for the purpose of providing necessary funding for fire protection service, and

WHEREAS, the County Board has determined a taxing district is necessary to ensure a funding mechanism to support the fire protection service, and

WHEREAS, a public hearing in this regard was held on Tuesday, February 5, 2008 at 5:30 p.m. in the Courthouse boardroom, as required by M.S. 375B.04, and

WHEREAS, formation of a fire protection service district has been deemed to be both beneficial and necessary.

NOW THEREFORE BE IT RESOLVED that a subordinate service taxing district be established for the provision of fire protection service under M.S. 375B, and

BE IT FURTHER RESOLVED, that the territory of the taxing district be described to include properties within the following unorganized area: All of Township 70-25, 70-24, 71-24, 69-24, 71-23, 70-23, 69-23, 71-22, 70-22, excluding all of the Islands on Rainy Lake.

BE IT FURTHER RESOLVED, that the Rural Fire Protection Association is authorized to assess an annual service charge to properties with dwellings and accessible by a maintained road within the district in accordance with policies and procedures and upon approval of the service charge by the County Board, and certify unpaid service charges to the County Auditor for collection on the property tax statement.

FURTHER, that said resolution will be published in the official newspaper of the County (publication date of February 8, 2008). The District will be deemed established 30 days after the date of publication unless a petition signed by five percent of the qualified voters within the territory of the proposed district is filed with the County Auditor prior to the effective date of its creation. Said petition shall cause the creation to be held in abeyance pending referendum vote of all qualified electors residing within the boundaries of the proposed district. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/02-17 Motion by Lepper, seconded by Briggs to adjourn the meeting at 5:55 p.m. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.