Koochiching County Board Minutes

Board Minutes

for

November 17, 2009

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, November 17, 2009; 9:30 a.m.

OTHERS IN ATTENDANCE: Bob Anderson, Randy Pozniak, Gail Rognerud, Cindy Jaksa, Rob Ewald, Lad Kocinski, Don Carey, Frank Bahr, Kay Arnold, Dan McCarthy, Harold Scholler, Eric Hall, John Roche, Stephanie Vohler, Dave Reimer, Jaci Nagle, Susan Congrave, Dale Olson, Doug Grindall, Aarden Barnes, Einar Sundin; Reporters Laurel Beager and Sheldon Slaubaugh

2009/11-10 Motion by McBride, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-11 Motion by Pavleck, seconded by McBride to approve the minutes from the November 3, 2009 Regular County Board meeting. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-12 Motion by Lepper, seconded by Adee approving a zero percent (0%) increase for the Koochiching County Board’s salary and per diem rate for 2010 and approving the 2010 County Board Per Diem/Expense Policy and to adjust the County payment of 2009 and 2010 Group Health Insurance Premium for Board members as follows: continuation of 100% single Health Coverage premium payment by the County and adjust the County payment for Family Health Coverage Premium to $1,142 per month for 2009 retroactive to January 1, 2009 and $1,211 per month for 2010 effective January 1, 2010. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-13 Motion by Lepper, seconded by McBride adopting the following resolution for enrollment of part-time deputies in the PERA Police and Fire Plan:

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes Section 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire Plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below.

BE IT RESOLVED that the Board of Commissioners of Koochiching County hereby declares that the position of part time Sheriff deputy meets all of the following Police and Fire membership requirements: (1) said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and that the employee hired in the position is so licensed; (2) said position’s primary (over 50%) duty is to enforce the general criminal laws of the state; (3) said position charges this employee with the prevention and detection of crime; (4) said position gives this employee the full power of arrest; (5) said position is assigned to the Koochiching County Sheriff’s Department.

BE IT FURTHER RESOLVED that Koochiching County hereby requests that the employees hired as part time Sheriff deputies and submitted to PERA by the County be accepted as a member of the Public Employees Police and Fire Plan effective the date of the employee’s initial Police and Fire wage deduction by the County. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-14 Motion by Lepper, seconded by Adee to approve payment of the Highway claims in the amount of $54,926.35, to approve payment of the Courthouse claims in the amount of $68,698.75; authorize Board Chair’s signature to the October Vendor Payment Listing verifying its review. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-15 Motion by Pavleck, seconded by McBride authorizing Administration to request bids for the County’s 2010 publications as required under MN Statute. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Highway 53 Four-Lane Task Force Chair provided the Board a report on Highway 53 improvement as it relates to the four-lane work completed to date, work pending and future objectives. The County Board acknowledged the work of the Task Force to include past and present members for their commitment in bringing this project to reality with special acknowledgement to the County’s long time State Representative Irv Anderson.

2009/11-16 Motion by Lepper, seconded by Pavleck that as Fiscal Agent and member of the Highway 53 Four-Lane 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 2010 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 (City of International Falls, Koochiching County and St. Louis County). Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-17 Motion by McBride, seconded by Lepper to approve the 2010 County-Wide Fee Schedule with Sheriff recommended changes in the Civil Process and Jail Booking Fees and addition of previously approved fees as recommended by Administration. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-18 Motion by Pavleck, seconded by Lepper to ratify the County Board’s signature to a Letter of Support for the City of International Falls’ Application for MN DNR Regional Trail Legacy Grant Funds for a biking/walking trail along the Rainy River. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-19 Motion by Pavleck, seconded by Lepper ratifying the Board’s position to participate in a state study of the pros and cons of regionalizing 911 Call Centers at the recommendation of the Sheriff due to potential public safety and economic concerns for the County. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-20 Motion by Lepper, seconded by McBride to reappoint Commissioner Kevin Adee as the County’s township representative on the Arrowhead Regional Development Commission. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-21 Motion by Pavleck, seconded by McBride accepting the recommendation of the Administration Director for a revised 2009 County Budget in the amount of $20,682,196 reflecting a reduction of revenue in the amount of $418,076 due to state aide cuts and loss of interest and timber revenues with an offsetting cut in expenditures of $421,956. Further, that a final adjustment will be recommended in December pending any further unallotment of 2009 state aides and a final determination on withheld payments and reductions to the 2009 Budget Contingency to balance the budget. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-22 Motion by Pavleck, seconded by Lepper adopting the following resolution to amend previous Board Resolution 2009/09-12 adopted on September 1, 2009 by providing for a maximum aggregate principal amount of the County’s Series 2009A Note and Series 2009B Note of $661,500 for the Citizens for Backus Third Floor Renovation Project:

WHEREAS, on September 1, 2009, the Board of Commissioners (the “Board”) of Koochiching County, Minnesota (the “County”), after a duly noticed public hearing, adopted Resolution No. 2009/09-12 (the “Note Resolution”), which Note Resolution approved and authorized the issuance of the County’s (i) Facility Revenue Note (Citizens for Backus Project), Series 2009A (the “Series 2009A Note”), and (ii) Recovery Zone Facility Note (Citizens for Backus Project), Series 2009B (the “Series 2009B Note”, and collectively with the Series 2009A Note, the “Notes”); and

WHEREAS, proceeds of the Notes are to be loaned to Citizens for Backus/AB, Inc. (the “Borrower”), pursuant to a Loan Agreement (the “Loan Agreement”), between the County and the Borrower, and the Borrower will utilize the proceeds of the Notes to partially finance (i) the renovation, improvement and equipping of the third floor of a community center facility owned and operated by the Borrower and located at 900 Fifth Street in the City of International Falls, Minnesota, and (ii) a portion of the costs of issuing the Notes (collectively, the “Project”); and

WHEREAS, the loan repayments required to be made by the Borrower under the terms of the Loan Agreement and applied to payment of the Notes will be assigned from the County to Border State Bank, as purchaser of the Notes (the “Lender”), under the terms of an Assignment of Loan Agreement (the “Assignment”), between the County and the Lender and acknowledged and consented to by the Borrower; and

WHEREAS, pursuant to the Note Resolution, the Loan Agreement and the Assignment were dated as of September 1, 2009; and

WHEREAS, the Note Resolution additionally provided that the maximum aggregate principal amount of the Notes was not to exceed $630,000; and

WHEREAS, since the date the Note Resolution was adopted by the Board, the Borrower and the Lender have revised the budget for the Project whereby it is estimated that the Notes will be issued in an aggregate principal amount of $636,695 (consisting of $406,695 of the Series 2009A Note and $230,000 of the Series 2009B Note).

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF KOOCHICHING COUNTY, MINNESOTA, AS FOLLOWS:
1. The maximum aggregate principal amount of the Notes shall not exceed $661,500. This revised maximum amount is an amount not exceeding five percent (5%) of the maximum amount stated in the Note Resolution.
2. The Loan Agreement and the Assignment will be hereinafter referred to as dated as of November 1, 2009.
3. The Chair and the County Administration Director are authorized to take any other actions necessary to carry out the intent of this Resolution. The Note Resolution remains in full force and effect and is not modified except as provided herein. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-23 Motion by Lepper, seconded by McBride to set the required public hearing for the proposed 2010 County Levy and Budget for Tuesday, December 15, 2009 at 6:15 p.m. in the Courthouse Boardroom with the County Board’s intent to adopt the proposed 2010 County Levy and Budget at the December 22, 2009 Board meeting. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board Chair opened session to receive any additional information from RFPA and the City of International Falls on the matter of the County Board deciding a service provider for the Fire Protection Service Taxing District. The RFPA representative stated that a public meeting was held in Ranier with about 100 people attending and it was RFPA’s view that the majority were in favor of splitting off from the City and establishing a Rural Fire Department. However, there were concerns stated on whether the department can be operational as quickly as January 1 and having trained fire fighters. A County Board member who attended the meeting felt there was a split on those attending as to separating or not from the City but he felt the discussion at the meeting was good. An International Falls City Councilor reported on a meeting in which two representatives from the City and two representatives from RFPA met based on the desire of the County Board at the last meeting that the parties try to meet and resolve the issue. The City proposed at the meeting a one year extension and in the meantime explore a County Emergency Services Taxing District that would include all emergency services – fire, ambulance, law enforcement. A RFPA member attending the meeting stated that they would be supportive of looking at this for fire protection services but felt it was premature to look at the other items. The City Councilor stated that the City’s November 2nd offer stands and that the City did not respond to RFPA’s request for an extended contract as the decision by the County as to the service provider is needed first to see if an extended contract is even in the picture. When asked, the Councilor stated that in her view an independent Emergency Service Board would manage the services in the taxing district but clarified that others on the Council do not agree with this position. The RFPA representative stated that if the service is independently operated by its own governing board and not controlled by the City, it is worth exploring. A RFPA member in reference to the letter sent out by the City to residents in the taxing district stated that the City’s position in the letter is there would be no more annexation and questioned the meaning. The City Councilor stated that after the City’s Petition to annex to the FTZ, the City has no further plans to annex and it was put in the letter due to comments stated about the City’s intent to move further east. When asked, the Councilor stated that this is her understanding of the current Council but she or other councilors can not make promises for future councils. The Board Chair recognized a letter from a member of the public and stated a copy would be given to RFPA. Public comment: Many questions need to be answered for the public by RFPA in their intent to create a new fire department and that the property owners should be able to vote on this issue. City’s letter states that insurance premiums will go up with a rural fire department but the property owner checked his own situation and the company told him it would not go up. Question why there needs to be a change from the City’s fire department as it has the capability of providing rural fire protection service. Feel City’s financial management and history does not fair well for providing the most economical service and supports a rural fire department. Two comments from machinery shops with concern of increased insurance premiums under a rural fire department. Comment on not supporting the City’s cost but not wanting to separate from the City’s fire department. Spoke to the RFPA Board as an elected body to be able to represent and make decisions for those they represent in response to the comments on property owners wanting to vote on the issue. For those that don’t like the representation of the RFPA Board, they should run for a seat on the Board or vote when elections come up. County needs to get out of the middle of this. Establish a rural fire department for the lake area (most developed area) which would in turn reduce the area served by Intl Falls Department for a lower cost. Comment from a City resident perspective that the City taxpayers are bearing the cost of City emergency services that are needed and utilized by areas outside the City. Stay with City for awhile and give RFPA more time to establish the department instead of rushing into it. That rural fire is on the agenda, not ambulance and law enforcement and should not be part of this issue. Board members comments: Comfortable with RFPA moving forward; Agree issue is fire protection and issue is trust with the City; Believe the City now realizes that RFPA can form a department and separate which financially impacts their City department, referencing the $125,000 proposal from the City for 6 years; That RFPA can best represent the constituents in the rural area as turning everything over to the City means no say in services or cost for the rural property owners; That the County should not be mediating this issue but to contract with RFPA and let them determine how the service will be provided; Concern that there has not been enough public input in the decision to form a rural fire department as this is a big change with unknowns for those in the taxing district.

2009/11-24 Motion by Lepper, seconded by McBride to table action on selecting a service provider for the Rural Fire Service Taxing District on the contingency that the City of International Falls will give a minimum of a six month contract extension to allow more time for discussion and review in determining fire protection service for the taxing district. Voting yes: Hanson, McBride, Adee, Lepper; voting no: Pavleck. Motion carried.

2009/11-25 Motion by McBride, seconded by Adee accepting the recommendation of the I.S. Manager to expend up to $21,600 for the replacement of PCs in the I.S., Community Services and Recorder Departments with expenditure from the respective 2009 Department Budgets as follows: $8,030 I.S. Budget; $8,244 Community Service Budget; $5,297 Recorder Technology Budget as recommended by the I.S. Manager. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Health Director updated the Board on the H1N1 and Seasonal Influenza stating it is active but few are being hospitalized. The County has not received any of the H1N1 vaccine to date and is waiting for the second supply of the seasonal vaccine. In response to the question of whether the H1N1 vaccine is safe based on some public opinion, the Director stated that the vaccine has been tested and approved in accordance with the Center of Disease Control and Department of Health protocol as is done with all other vaccines. The Director provided the Department’s Third Quarter Financial and Statistical Report.

2009/11-26 Motion by Pavleck, seconded by Lepper to renew the service contract with Della Warren for Koochiching Family Collaborative Coordinator services for the period of July 1, 2009 through June 30, 2011 which is funded by grant dollars as recommended by the Health Director and upon approval of the contract by the County Attorney. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Health Director informed the Board that due to State cuts in the reimbursement rate for Personal Care Attendant services, notice was received from Fairview that they will no longer provide this service and that Fairview will work with their current clients to transition them to other health providers. The Director stated that some alternatives are available but this service need and service delivery in the County will be monitored.

2009/11-27 Motion by Pavleck, seconded by McBride authorizing the Environmental Service Director to purchase a recycling trailer with a price not to exceed $20,000 from the 2009 Environmental Service Budget contingent on the recommended budget adjustment to purchase the trailer receiving approval of the Administration Director under the revised 2009 County Budget Plan. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-28 Motion by Pavleck, seconded by Lepper to approve a service contract with Allen Nelson for Silverdale Canister Site Attendant service at a cost of $435 per month as recommended by the Environmental Service Director. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-29 Motion by McBride, seconded by Adee to certify the final contract values for the following projects as recommended by the Highway Engineer: CP 2009-02 to AAA Striping for pavement marking at a final contract value of $142,029.40; CP 2008-01 to JAAK for rural addressing sign placement for a final contract value of $140,983.39; SAP 36-602-14 to Gladen Construction for shoulder widening for a final contract value of $701,775.18. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:55 a.m. Aarden Barnes inquired on the Ranier By-Pass Route and Einar Sundin stated that the County Board should not be caught in the middle of the rural fire issue.

2009/11-30 Motion by Adee, seconded by McBride to adjourn the meeting at 11:55 a.m. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.