Koochiching County Board Minutes

Board Minutes

for

September 15, 2009

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, September 15, 2009; 10:30 a.m.

OTHERS IN ATTENDANCE: Della Warren, Terry Murray, Dale Olson, Aarden Barnes, Matt Gouin, Mr. and Mrs. Ronald Nelson, Lynden Larson, Doug Grindall, Dave Larson, Marty Cody, Mike Malachi, Justin Berg, Phil Miller, Jay Squires via telephone; Reporter Laurel Beager

2009/09-25 Motion by McBride, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-26 Motion by Lepper, seconded by Adee to approve the minutes from the September 8, 2009 Regular County Board meeting. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-27 Motion by Lepper, seconded by McBride to approve payment of the Highway claims in the amount of $62,774.80. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board received notice that a representative from the Office of the Legislative Auditor will be meeting in Brainerd on September 17 to hear from counties about the State’s Payment In Lieu of Tax System to get a proper perspective from county government in their legislative mandate to study the system for the State Legislature. The Board Chair appointed Commissioner Pavleck to attend the meeting on behalf of the Board.

000 The Board reviewed the Administrative Director’s recommendation for a 3% levy increase for 2010 after factoring in loss of revenue, reserve spending and proposed cuts to the line item requests in the 2010 County Budget. The Director stated that both the Environmental Services and Highway Funds are expended to the point they are no longer funding sources for county revenue for budget purposes. To achieve the 3% levy increase, the County will take the maximum allowance from the state levy limit and claim a portion of the 2008 and 2009 unallotment of County Program Aid as a special levy. Board members discussed and carefully considered an increase in taxes to the shift of state cost and impact of the economy on the taxpayer. However, even with County Budget planning continually seeking expenditure cuts, increased revenues, reserve spending and opportunities for organizational changes for long term financial stability, gaps remain requiring the decision of taxation or reduction of County services.

2009/09-28 Motion by Lepper, seconded by McBride approving the proposed 2010 County Budget’s gross tax levy at $3,787,261 (3% increase over last year of $110,000). The 2010 proposed levy breakdown is as follows: General Revenue - $1,618,909; Community Service - $1,227,325; Public Health - $100,000; Highway - $691,027; Environmental Services - $150,000. Voting yes: Hanson, McBride, Adee, Lepper; voting no: Pavleck. Motion carried.
000 The Koochiching County Drug Court Coordinator informed the Board that the Drug Court received two years of funding through an Office of Justice Grant in the amount of $314,585 which will cover positions and expenses for the next two years. This is positive news as the Drug Court was faced with no funding to continue the program in the very near future. For the grant agreement, action from the County is needed to authorize the 9th Judicial District to act as fiscal agent for the funding. The Coordinator also provided an invitation to an educational session on the whys and needs of Drug and DWI Courts scheduled for October 23, 2009 in Bemidji.

2009/09-29 Motion by Pavleck, seconded by Lepper that the Koochiching County Board strongly supports the Koochiching County Drug/DWI Court System as a successful alternative to sentencing and further, authorizes the 9th Judicial District as fiscal agent for the Office of Justice Program Grant of $314,585 awarded to the Koochiching County Drug/DWI Court. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-30 Motion by Lepper, seconded by McBride to approve attendance at the Drug/DWI Court educational session on October 23, 2009 in Bemidji as a County Board activity. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Community Service Director presented information to the County Board supporting the need for another financial worker based on current caseloads and the upcoming 81 single mental health clients that will lose their MnCare in 2010 (noting that their service needs will not go away because the State cut their insurance). The Director does recognize the position is being requested in his 2010 Budget using federal stimulus funding provided for human services and the level of cut being requested from his 2010 Budget because of the federal stimulus funding. However, even if the dollars for the position are not allotted, he needs to explore options for providing this position due to the immediate need in the financial unit. He requested authorization to start with posting the position to see options for internally filling the position.

2009/09-31 Motion by Lepper, seconded by Adee authorizing the Community Service Director to post a Financial Worker position under the Community Service/Health Bargaining Unit Contract with any further consideration for hire to go to the Personnel Committee for review and recommendation. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board that as of today, the Applicant for Rezoning and a CUP for the Clementsen Quarry Operation has not resolved the issue of whether the property can be operated as a quarry due to its enrollment in the State Sustainable Forest Initiative Program. And in discussion with the Applicant, it is understood that the County Board is under a timeline for acting on this Application. After discussion with the Applicant on the matter, the Director recommends the Application is denied, allowing the application to be submitted again after a one year period.

2009/09-32 Motion by Adee, seconded by Lepper to deny the Planning Commission’s recommendation for REZ0902 and CUP0902 to Bowman Construction for a proposed quarry operation on an 80 acre parcel of land described as the North Half of the SE ¼, Section 7, Township 160N, Range 29W being that the property is within the State Sustainable Forest Initiative Program requiring the applicant first resolve the matter of whether a quarry operation would be allowed on the property. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-33 Motion by Pavleck, seconded by McBride to approve a Joint Powers Agreement between Koochiching and St. Louis Counties for the Shared Voyageurs National Park Water Basin Sewer Project for the purpose of planning, grant writing, engineering, conservation and environmental studies and the development, management and construction of wastewater treatment for property within the Project Area and to authorize the appointment of two County Board members to the Joint Powers Board. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried. (Board Chair appointed Commissioners Pavleck and McBride.)

000 The Environmental Service Director informed the Board that invitations have been sent to federal and state legislative representatives to tour the VNP Water Basin Sewer Project area on Rainy Lake in conjunction with the upcoming dedication of the new VNP Tour Boat Event. The Director also reported that the telemetry problem in a portion of the Jackfish Sewer Project area appears to be fixed but the landscaping issues still need to be dealt with so a meeting will be scheduled with the contractor, engineer and himself to look at the list of landscaping issues for determination.

000 The Board Chair stated that he could not attend the next Northeast Housing Consortium Meeting which is a key organization for the housing funds provided to Kootasca and appointed Commissioner Lepper to take his place at the September 25 meeting in Virginia.

000 The Board Chair called for public comment at 11:15 a.m. Aarden Barnes, referencing the morning session with the City, inquired whether the Foreign Trade Zone as a whole will be moved or are they looking to establish a satellite FTZ area. Board members stated that the morning session with the City of International Falls was scheduled to see if there was common ground for a Mutual Road Agreement due to the various issues involving Highway 332 but there is no firm proposal to speak to at this time.

000 The Board Chair reconvened the Jacobson Cartway Petition public hearing at 1:40 p.m. The Board Chair and Administrative Director reviewed the procedures for acting on the Cartway Petition and the requirements that must be met before the County signs off on the Certificate of Compliance for allowing the construction of the Cartway. That after conducting the site visit on September 8th of which the County Board, viewers, property owners and the Petitioner’s representative were present, the Viewers recommended the route to the County Board which has the least impact to wetlands, provides a route for surveying and provides sight-line visual to the County Road. In addition, this route only impacts the Nelson’s property and is the route they would support. A Petitioner representative stated that the viewers had a previous route option that moved the line further north which was stated as avoiding the most wetlands. The Assessor stated that the proposed route is very close to this previous route option and that this whole area is wetland. The Viewers looked for a route that avoided as much standing water wetland areas. Legal representative for the Petitioner stated that they have no objections to the route being proposed but would ask that wetlands be avoided as much as possible. The Board stated that it would hire an appraisal for assessment of property damages and have the County Survey Department survey the route for a final route legal description. Mr. Nelson agreed to allow the Highway Department to cut the line for appraisal and surveying purposes as discussed by the Highway Engineer. The County Attorney stated that once the damages are known from the appraisal, the Board will need to reconvene to award the damages and apportion maintenance costs. In answer to the Board’s question, property owners are free to conduct their own appraisals at their own cost and submit it to the Board to consider when determining the damage award. With no further comment, the Board Chair closed the hearing.

2009/09-34 Motion by Lepper, seconded by McBride that at a hearing on the Petition of Thomas Jacobson for the establishment of a cartway, the Board of Commissioners for Koochiching County finds:

That a Petition was properly presented to the County Board by Thomas Jacobson to establish a 33 foot wide cartway for ingress and egress, over and across those portions of Government Lots 8, 9, and 14, Section 25, Township 69 North, Range 27 West, Koochiching County, Minnesota.

That said tracts constitute at least 5 acres of land and the owner thereof has no access except over the lands of others to connect it with a public road.

That the most feasible cartway petitioned for would be constituted by a cartway consisting of a 33 foot wide cartway for ingress and egress, over and across those portions of Government Lots 8, 9, and 14, Section 25, Township 69 North, Range 27 West, Koochiching County, Minnesota, the centerline of said cartway is described as follows: Beginning at a point on County State Aid Highway No. 1 at Engineer Stationing 194+50; thence in an east-southeasterly direction to a point 50 feet, more or less, west of the top bank of ravine; thence southeasterly along said centerline, being 50 feet, more or less, southwesterly of the top bank of ravine, to the intersection with the east line of said Government Lot 14, and said centerline there terminating. The intention of this description is to give an approximate location of the proposed cartway. It is subject to change after a survey has been completed.

That as a precondition to the establishment of said cartway, the following is required of Petitioner:
a. That a survey of said cartway by a registered land surveyor should be filed with Koochiching County and that Petitioner save Koochiching County harmless from any challenge to said survey by United States Bureau of Land Management.

b. A certificate of title of persons having any interest in the land upon which said cartway is to be situated.

c. A certification that construction of the proposed cartway will not violate the Wetland Conservation Act and does not require filling or draining of wetlands. In the alternative, petitioner shall provide for the lawful replacement of any wetlands involved.

d. Petitioner shall submit road design to Koochiching County Engineer for determination of whether construction of the cartway would alter natural drainage for which the establishment of the cartway may cause Koochiching County to be liable.

e. Petitioner has deposited with Koochiching County the sum of $10,000 as required under County Board Motion 2009/09-06 to apply toward the cost of Koochiching County assessing damages to the owners of property over which said cartway will lie, for surveying of the cartway route and other professional or fee costs incurred by the County. In addition, the cash security deposit will cover the County costs in the event that an appeal of the damage award is made.

f. Upon the filing of such award, Petitioner shall deposit with Koochiching County the sum of 125% of the damages so awarded.

BE IT FURTHER RESOLVED, that upon completion of the above conditions, compliance herewith shall be certified to Koochiching County by Petitioner following which Koochiching County shall grant the cartway. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-35 Motion by Pavleck, seconded by Lepper to close session at 2:10 p.m. at the direction of the County’s Legal Counsel to discuss the impact of recent developments on the Highway 332 Litigation (International Falls v. Commissioner of Transportation and Koochiching County). Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried. (Attending: Full Board, Highway Engineer, Administrative Director, County Attorney and MCIT Legal Counsel Jay Squires via Phone.)

2009/09-36 Motion by McBride, seconded by Adee to open session at 2:45 p.m. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board Chair acknowledged the proposal from Boise for a five-year easement to turn their private road from TH 332 to TH 11 over to the County to operate as a public road as a workable option to lessen traffic on the Burner Road due to public safety concerns with Boise’s industrial operations on this road. However in light of discussions between the City of International Falls and the County (and to involve Boise) to determine if a Mutual Road Issues Resolution can be found in which all parties can agree, the County would like a little more time to see where this goes before moving on this temporary proposal. The Board Chair stated that a call to Boise to explain the situation is needed and to assure them that the County is still working with them. The Highway Engineer will make the call.

2009/09-37 Motion by Adee, seconded by Lepper to adjourn the meeting at 2:50 p.m. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.