Koochiching County Board Minutes

Board Minutes

for

November 24, 2009

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, November 24, 2009; 10:30 a.m.

OTHERS IN ATTENDANCE: Brian Youso, Pam Rooney, Bob Peterson, Phil Miller, Ed Oerichbauer, Terry Murray, Kathy Howdahl, Laura Potter, Dale Olson, Bruce Hasbargen, Bill Best, Justin Berg, Dan McCarthy, Gail Rognerud, Dennis Hummitzsch; Reporter Laurel Beager

2009/11-31 Motion by McBride, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

2009/11-32 Motion by McBride, seconded by Lepper to approve the minutes from the November 17, 2009 Regular County Board meeting with correction. Voting yes: McBride, Adee, Lepper, Pavleck. Motion carried.

2009/11-33 Motion by Lepper, seconded by Pavleck to approve payment of the Health claims in the amount of $19,126.86; to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented; to approve Burial Case payment #1134753 in the amount of $2,117.50. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

000 At the request of the Elected Department Heads, the Board deferred action on setting the elected County Auditor/Treasurer, Recorder, Sheriff and Attorney 2010 salary and benefits as the department heads wanted more time to review the Board’s proposal.

2009/11-34 Motion by Pavleck, seconded by Lepper authorizing up to $5,000 from the 2009 Budget Contingency for infrastructure improvement at the Humane Society’s Holding Facility to include a cold storage shed and installation of an outside door and additional dog run. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

2009/11-35 Motion by Lepper, seconded by McBride accepting the recommendation of the County’s License Committee granting the following 2010 Liquor Licenses: Christiansen Store, 3.2% On/Off Sale Malt Liquor; Sandbeck, Bruce D. DBA Loon’s Nest, 3.2% Off Sale Malt Liquor; Blais, Diane DBA Korner Kwik Stop, 3.2% Off Sale Malt Liquor; T-Bird Lodge Inc DBA Thunderbird Lodge, On/Off/Sunday Intoxicating; Lindberg, Steven G DBA Rainy Lake One Stop, 3.2% Off Sale Malt Liquor; Rainy Lake Spirits LLC, Off Sale Intoxicating License; Nelson, Ralph D & Joy M DBA Nelson’s Store, Off Sale Intoxicating License; McAuley, Malcolm & Becky DBA Woodland Inn, On/Off/Sunday Intoxicating Sales; Sha Sha LLC DBA Sha Sha Resort, On/Off/Sunday Intoxicating Sales; LBC Enterprises Inc DBA Lu’s, On/Off/Sunday Intoxicating Sales; Almost Lindy’s Inc, On Sale and Sunday Intoxicating Sales; Little, Terrance & Sharon DBA Y Knot Quick Stop, Off Sale Intoxicating Sales. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

2009/11-36 Motion by McBride, seconded by Lepper to re-appoint Lorraine Nygaard to the Housing and Redevelopment Authority Board of Directors as recommended by the Housing Authority. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

2009/11-37 Motion by McBride, seconded by Lepper to rescind Board Motion 2009/05-33 which sunsets County payment of court appointed attorney claims for CHIPS and TPR Cases and further, to reaffirm the $50 per hour attorney fee for county paid court appointments and requiring attorney claims to be submitted monthly but no more than quarterly for better management of County cost and budget. Further, the County Board will review and readdress the matter mid year 2010 and consider any further cost control measures to manage this unfunded mandate. Voting yes: Adee, McBride, Lepper; voting no: Pavleck. Motion carried.

2009/11-38 Motion by Pavleck, seconded by Lepper to acknowledge the donation by the City of International Falls for the vacated portion of 7th Avenue between 4th Street and 5th Street to allow for expanded green space and parking lot for the historic Courthouse Yard and County Veterans Memorial Park with the City to maintain the portion of street until next spring at which time the County will begin renovation of the street to green space and parking lot. Further, to acknowledge the donations by True Star Credit Union and the Elks Club to the County Veterans Memorial and acknowledgement of staff from the County Highway and Complex Departments for their work in establishing the County Veterans Memorial and finally, acknowledging support from the Veteran organizations and the past County Historic Committee for their efforts in recognizing the need to establish a veterans memorial in the County. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

2009/11-39 Motion by Pavleck, seconded by McBride authorizing expenditure up to $4,000 from the $30,000 set in 2010 County Development Fund Budget for restoration of the historic Williams School Building to allow the Historical Society Director to obtain consultant services for placing the facility on the Historical Register which will support grant funds to restore the historic facility. Further, expenditure of the funds is contingent on the adoption of the 2010 County Budget where the funding is budgeted. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

000 The Board received notice of the hire of Laura Potter as the Child Support Enforcement Aide effective November 23, 2009.

2009/11-40 Motion by McBride, seconded by Pavleck to approve a contract with BlueCross BlueShield BluePlus of MN for Mental Health Targeted Case Management and Care Coordination as recommended by the Community Service Director and upon approval by the County Attorney. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

2009/11-41 Motion by Lepper, seconded by Pavleck to renew the following service contracts as recommended by the Community Service Director with no changes and upon approval by the County Attorney: First Call for Help, Brenda Crowe, AEOA SELF, Sharon Frank, Consumer Directions, Summit, ODC Supported Employment, Rational Alternatives, School District 363. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

2009/11-42 Motion by Lepper, seconded by McBride accepting the following Day Care Licensing recommendations: close home of Melissa Fuller for family day care at the provider’s request; license Jennifer Thompson for family day care for ten children. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

000 The Board Chair opened a public hearing at 11:06 a.m. as required under the MN Board of Water and Soil Resources (BWSR) Order that remanded the County Board’s August 11, 2009 Wetland Banking Plan decision for Bruce Hasbargen back to the County as the record of facts was inadequate to support the decision. In summary, the County Board denied the Technical Evaluation Panel’s recommendation to grant Mr. Hasbargen wetland credits at a rate of 65% of what was requested with the Board’s decision based on the Applicant’s position presented to the Board on August 11, 2009. The Environmental Service Director provided the Board a handout documenting the Wetland Banking Plan from application to the current remand order and stating that page 26B summarizes the Applicant’s points as to why he feels the Technical Evaluation Panel’s findings did not fairly evaluate the credits. The Board Chair acknowledged that no written comment was received on this matter. In call for public comment, Mr. Hasbargen, the applicant, reiterated his position that he was not aware of the rules applying to wetland banks at the time of application and after receiving and reviewing the rules, stated that the rules are not clear and are open to interpretation. When he reviewed the rules which he highlighted on the handout given the County Board, he felt the entire area qualified for the wetland bank versus the Technical Panel’s interpretation of the rules stating it doesn’t. In review of his application with the Technical Panel, they wanted documentation of the 20 year crop history but not being the owner of the property for 20 years and previous owners not having documentation of the crop history, he was not able to prove the entire area qualified, even though previous owners could witness the crop history. He feels at a minimum 16 of the 20 years should be credited and requested the County Board’s support of his facts for a higher percentage of credits. In reference to Mr. Hasbargen’s position the Environmental Service Director directed the Board to page 26 of his handout for the details of what Mr. Hasbargen feels is fair based on what he knows to be the crop history. The Environmental Service Director reviewed the options for the Board, stating that the deadline on the current Order is December 6. Board members stated that crop rotation varies throughout the state so to have a one size fits all rule should be argued. Mr. Hasbargen stated his support for a time extension to send his proposal to the Technical Panel for review and finding as long as it isn’t subject to a long process delay as he would like a plan in place by spring. Technical Panel members present at the hearing provided an explanation of process and stated that a meeting could be scheduled in December to review the proposal. Board members stated that they are not wetland experts to determine these issues but on the other hand, they are the local wetland authority and have a responsibility to question process when members of the public, like Mr. Hasbargen, state that rules were not provided or reviewed with him at the time of application and that the rules are unclear leaving the general public at the mercy of BWSR to interpret. Board members feel the application deserves further examination. In final call for public comment and receiving none, the Board Chair closed the hearing.

2009/11-43 Motion by Pavleck, seconded by Lepper to accept the proposal from Mr. Hasbargen for 80% credit of acres in his Wetland Bank application and to defer the proposal to the Technical Evaluation Committee for review and findings to come back to the County Board for a decision contingent on a signed 60 day time extension from the Application. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:45 a.m. Dan McCarthy addressed the Board with his position, based on his financial background, for the County to contract with RFPA for rural fire protection as the most cost effective delivery of services to the rural area. City Councilor Gail Rognerud informed the Board that at last night’s City Committee meeting the Council was in agreement to extend the current Rural Fire Service Contract for six months based on the County Board’s motion to move something forward to further discuss and review service to the rural fire taxing district.

2009/11-44 Motion by Pavleck, seconded by McBride to change the date of the January 20, 2010 County Timber Auction due to conflicts with another timber auction sale to January 19, 2010 at 3:00 p.m. at RRCC as recommended by the Land Commissioner. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.

2009/11-45 Motion by Lepper, seconded by McBride to adjourn the meeting at 12:00 p.m. Voting yes: Adee, McBride, Lepper, Pavleck. Motion carried.