REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, September 22, 2009; 10:45 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Jaci Nagle, Pam Tomevi, Dale Olson, Terry Murray, Dennis Hummitzsch, Aarden Barnes; Reporter Laurel Beager

2009/09-38 Motion by Pavleck, seconded by McBride to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-39 Motion by McBride, seconded by Lepper to approve the minutes from the September 15, 2009 Regular County Board meeting. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-40 Motion by Lepper, seconded by Adee to approve payment of the Courthouse claims in the amount of $32,250.97; to approve payment of the Health claims in the amount of $16,965.14; to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board Chair reminded the Board members of commitments for County Board presence at the Veteran Stand Down on September 23, the New Border Patrol Station Ground Breaking on October 6, the City of International Falls Ground Breaking of the VNP Headquarters and Voyageur Heritage Center and the Dedication Ceremony for the new VNP Boat for September 25 and 26 and this afternoon’s presentation by the Governor at the Holiday Inn on his Employment Summit for employing veterans.

2009/09-41 Motion by McBride, seconded by Adee authorizing the Information Systems Manager to expend up to $1,200 for MapLogic Layout Manager software for the creation of plat book style maps which has significant potential for map production to include County Plat Books. Further, to authorize a budget adjustment moving $1,200 from 01-060-064.6276 to 01-060-064.6666 to cover the expenditure. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board that on October 14, 2009 the State Bonding Bill Legislative Committee will be in Hibbing to hear bonding requests which County representatives should be present for the Shared VNP Water Basin/Island View Sewer Project. In addition, on this same day in Washington D.C. federal delegates will be gathered for National Park Day with Voyageurs National Park being represented which would also be a great opportunity to present the importance of the Shared VNP Water Basin/Island View Sewer Project to the National Park.

2009/09-42 Motion by McBride, seconded by Pavleck authorizing a Board member’s out of state travel to attend the National Park Conference in Washington D.C. on October 14, 2009 to present the County’s Island View Sewer Project and RECAP Project to the federal delegation for support. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried. (Board Chair will appoint the board member to attend.)

000 The Environmental Service Director informed the Board that an approved building permit and sewer permit was issued for construction of a hunting cabin on O-1 zoned property but it was found after the fact, that the permit holder built a permanent residential structure which is not allowed in O-1 zoning and that the property is in the State SFIA Program which doesn’t allow development. The permit holder requested rezoning from O-1 to AF-1 to allow for the residential structure and the approval for rezoning is recommended by the Planning Commission. The issue of the property being in the SFIA Program was not viewed by the Planning Commission as being an issue for County zoning. The Director stated that the Board’s action on the Planning Commission recommendation has to be made by October 2nd to stay within the 60 day rule. The Board agreed to defer this item until later in the meeting to have the Director contact the applicant for a time extension in lieu of having to deny the recommendation as the Board will not formally meet until after October 2nd.

2009/09-43 Motion by Adee, seconded by McBride to approve the 2010-11 County MFIP/CSSA Biennial Service Agreement as recommended by the Community Service Director. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried

2009/09-44 Motion by Adee, seconded by McBride to approve amendments to the REM North Star SILS and REM North Star SLS Service Agreements for required state rate reductions as recommended by the Community Service Director and upon approval of the County Attorney. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-45 Motion by Lepper, seconded by Pavleck that to allow the Community Service Director to explore options for internally filling an added financial worker position, to authorize continued posting of open positions as a result of the financial worker posting under the Community Service/Health Bargaining Unit Contract with any consideration for hire to go to the Personnel Committee for review and recommendation. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-46 Motion by Lepper, seconded by Pavleck to approve the following burial case payments: #248519 in the amount of $345.00 and #101619 in the amount of $1,344.50. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-47 Motion by Lepper, seconded by Adee accepting the following foster and day care licensing recommendations: relicense Connie McBride for group family day care for ten children; license Deb and Bruce LaVigne for child foster care for one child. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-48 Motion by Pavleck, seconded by McBride accepting the recommendation of the Land Commissioner to approve a Tax Forfeited Land Repurchase by Richard Koeneman for a total payment of $5,712.19 plus fees for property described as Parcel #s 92-127-04170, #92-149-00000, #21-001-23100. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-49 Motion by Lepper, seconded by Adee to approve the 2009 Tax Forfeited Land Sale List as presented by the Land Commissioner excluding the three parcels approved for repurchase under Board Motion 2009/09-48 and further, to adopt the following resolution for the 2009 public auction of tax forfeited lands:

WHEREAS, certain parcels of 1and in Koochiching County have forfeited to the State for non payment of taxes and it appears desirable that pursuant to the Provisions of Minnesota Statutes, Chapter 282., said lands be classified and that certain of said lands be offered for sale, and

WHEREAS, said County Board, for the purpose of sale has examined said property and determined to classify lands hereinafter referred to as non¬-conservation lands, and all prior land remaining unsold on prior land sale lists, are hereby withdrawn from sale for reappraisal.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Koochiching County that lands described in a list approved by members of the said County Board and filed with the County Auditor, are hereby classified as non conservation and offered for sale subject to the Provisions of Section 282.01, Minnesota Statutes of 1982, and further certify that all parcels on the list comply with the provisions of M.S. 40.46, 85.012, 92.461, 103F.535, 282.018 and other statutes that withhold tax forfeit lands from sale or require conservation easements.

THEREFORE, BE IT RESOLVED that the Koochiching County Board of Commissioners hereby certifies that all parcels of land have been viewed and comply with the provisions of M.S. 282.018 and the 1991 Laws of Minnesota Ch. 354, Art. 10, Section 9, amending M.S. Sec. 282.018, Subd. 2 (1990). The County Board of Commissioners hereby certifies that the County Land Commissioner has reviewed the filed land sale list and identified any and all non-forested marginal land and wetland.

BE IT FURTHER RESOLVED that the said parcels of land are hereby appraised at the value set opposite each parcel and filed with the County Auditor.

BE IT FURTHER RESOLVED that if the land is sold on terms that the terms of sale shall be as follows, to wit: That all sales amounting to $500.00 or less shall be paid in cash at the time of purchase; that on all sales amounting to more than $500.00, the purchaser shall pay twenty percent (20%) of the purchase price of the land and building value at the time of purchase, with the remaining balance due within thirty (30) days of the sale. Full payment will be required before any timber can be removed.

BE IT FURTHER RESOLVED that any buildings or improvements now on any tract purchased or which hereafter be erected, placed or made thereon, shall be and remain the property of the State of Minnesota until the purchaser has paid for the property in full.

BE IT FURTHER RESOLVED that said purchaser shall not be delinquent in any Koochiching County Auditor's Certificate of Purchase of Tax Forfeited Lands under Minnesota Statutes, Section 282.01.

BE IT FURTHER RESOLVED that the responsibility for determining boundary lines of parcels purchased rest with the purchaser.

BE IT FURTHER RESOLVED that all sales are subject to the various county and municipal zoning ordinances; any existing easements or right of way; and any deed restrictions so imposed and noted at the time of sale.

BE IT FURTHER RESOLVED that all provisions relative to sales on deferred payments as provided by State Law shall also apply.

BE IT FURTHER RESOLVED that bid raises shall be made on a percentage basis of the appraised value of the land, timber and buildings, with no increased bids being accepted of less than increments of five percent (5%) of the appraised value. Bid raises do not apply to any special assessments that may be listed.

BE IT FURTHER RESOLVED that certain parcels of tax forfeited land located within the list forfeited with unpaid special assessments for improvements. These special assessments were cancelled at the time of forfeiture. Upon the sale of this land, an assessment schedule may be established for payment of a portion or all of the unpaid special assessments.

BE IT FURTHER RESOLVED that notice of sale of such lands be given by publication in the official newspaper of the County as provided by law, and that the County Auditor of Koochiching County offer such parcels for sale in the order in which they appear in such notice of sale and that such sales be to the highest bidder for not less than the appraised value and shall continue until all such parcels are sold or the County Board orders a reappraisal. A sale date and time will be determined at a later time and included in said publication.

BE IT FURTHER RESOLVED that three percent (3%) of the total sale price will be cash at the time of the sale for the Minnesota Tax forfeited Real Estate Account. Pursuant to Minnesota Laws of 1969, Chapter 373, Subdivision 6, and acts amendatory thereto.

BE IT FURTHER RESOLVED, Minnesota Statutes 282.014, Section 3 imposes a $25.00 fee upon purchasers of tax forfeited land for issuance of a State Deed.

BE IT FURTHER RESOLVED, as required by Minnesota Statutes 282.01, Subdivision 6, all State Tax Deeds must be recorded with the County Recorder prior to issuing the Deed to the purchaser, therefore a recording fee of $46.00 for each State Deed issued must be paid to the Koochiching County Recorder by the purchaser when tax forfeited land is paid for in full.

BE IT FURTHER RESOLVED, as required by Minnesota Statutes 287.22, all State Tax Deeds are subject to State Deed Tax which must be paid by the purchaser.

BE IT FURTHER RESOLVED, that except in the case of deeds issued for platted property and deeds issued to correct errors in either legal description or grantees, the deeds issued for these parcels will contain a restrictive covenant which will prohibit enrollment of the land in a State Funded program providing compensation of marginal land or wetlands.

BE IT FURTHER RESOLVED that any of the said lands or lots is subject to withdrawal from sale by the County Board or County Auditor when it appears to be the public's interest to do so, and the County Auditor reserves the right to reject any or all bids. Action is pending on approval of County municipalities as authorized by Statute. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board that the applicant for the Rezoning Application from O-1 to AF-1 was contacted and is coming in today to sign a 60 day time extension on his rezoning application acted on by the Planning Commission.

2009/09-50 Motion by Lepper, seconded by Adee to table for legal review the recommendation from the Planning Commission to approve a Rezoning Application REZ0903 for Joe Meyer for property as described as NE ¼ of the SE ¼, Section 15-66N-25W upon receipt of a signed time extension agreement by the end of the business day or the recommendation to approve the Rezoning Application is denied. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:35 a.m. Aarden Barnes inquired on a couple issues with the Board.

000 The Health Director updated the Board on the Department’s Emergency Preparedness and HINI Influenza Planning and provided the Department’s 2nd Quarter Financial and Statistical Report.

2009/09-51 Motion by Lepper, seconded by Pavleck to acknowledge receipt of the Professional Advisory Committee minutes from their meeting of August 25, 2009. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-52 Motion by McBride, seconded by Adee to renew the Service Agreement with Women’s Health Center for Family planning services as recommended by the Health Director and upon approval by the County Attorney. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/09-53 Motion by Adee, seconded by Lepper to adjourn the meeting at 1150 a.m. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.