REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, April 27, 2010; 10:22 a.m.

MEMBERS PRESENT: Commissioners Adee, Hanson, Lepper, Pavleck
MEMBERS ABSENT: Commissioner McBride (Family Matter)

OTHERS IN ATTENDANCE: Terry Glowack, Dale Olson, Jaci Nagle, Terry Murray, Jason Johnson, Einar Sundin, Arden Barnes, Andy Piekarski, Phil Miller, Doug Grindall, Marty Cody, Matt Gouin, Justin Berg, Ronald and Delphine Nelson, Robert Stevenson; Reporter Laurel Beager

2010/04-33 Motion by Hanson, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-34 Motion by Hanson, seconded by Pavleck to approve the minutes from the April 20, 2010 regular meeting. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-35 Motion by Lepper, seconded by Pavleck to approve payment of the Courthouse claims in the amount of $40,187.84; to approve payment of the Health claims in the amount of $14,857.23; to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented; to approve payment of Burial Case #77916 in the amount of $1,400.00. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-36 Motion by Hanson, seconded by Lepper authorizing Board members to attend Boise’s 100th Anniversary Event as a County Board activity on June 25, 2010 at Smokey Bear Park. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

000 The Board received a Census Update with returns in International Falls, Ranier and Littlefork over 70% and the County, Northome and Big Falls over 60%. The State’s return average is 79%. Work continues to get surveys out to the households and encourage their return.

000 The Complex Superintendent provided a less expensive option for the Courthouse main boiler replacement and back up boiler. After further researching the matter, it was determined that the older boiler used as a backup could be sealed at a cost of around $3,500 and that a new high efficiency burner could be replaced in the main boiler for around $12,000, in lieu of completely replacing the boiler. The new burner is estimated to save about 15% in heating cost. The Administration Director stated that the Federal Stimulus Public Facility Energy Efficiency Cost Share Program is now open and requesting RFPs. Staff will submit an RFP requesting up to 50% cost share on the new fuel efficient burner.

2010/04-37 Motion by Pavleck, seconded by Lepper authorizing the Complex Superintendent to repair the Courthouse backup boiler and replace the burner on the main boiler at a cost not to exceed $15,500 plus tax and to authorize a transfer of budget funds from the 2010 Budget Contingency to the Complex Budget to cover the cost; further, to submit an RFP to the Federal Stimulus Public Facility Energy Efficiency Grant Program for cost share of the new burner. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-38 Motion by Hanson, seconded by Lepper accepting the recommendation of the Island View Sewer Committee to select Short Elliott Hendrickson, Inc. (S.E.H.) as the engineering firm for the Island View Sewer Project for producing the engineering plan from the design phase through the bidding phase for a construction ready project at a cost not to exceed $405,000; further, authorizing the Environmental Service Director to recommend a service contract with S.E.H. for Board approval and with approval of the County Attorney. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

000 The Information Systems Manger provided the Board the hard numbers for construction of the new MN Counties Information Systems (MCIS) facility and member’s cost and payment options. Koochiching County’s cost share is $46,559 with the option of paying as a lump sum or through a 15 year repayment with interest. The Board though agreeing the facility is necessary and as a member committed to a cost share, stated concern with the timing of the funding commitment when the County does not know the full extent of state cuts to the County Budget for the next couple years. In addition, the County would like to see a formal agreement signed by the members and MCIS so it is clear to the members the final financial commitment being asked of them since the project may be over or under budget. The I.S. Manager stated that the MCIS Board is meeting this Friday and she will inform them of Koochiching County’s position.

2010/04-39 Motion by Lepper, seconded by Pavleck that Koochiching County agrees the new MCIS Facility is needed based on the information provided and generally agrees to Koochiching County’s cost share of not to exceed $46,559. Voting yes: Adee, Hanson, Lepper; voting no: Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:40 a.m. Einar Sundin stated that the old fire number signs have not been taken down in all areas of the county. Arden Barnes understood that ODC was contracted to take down the old rural fire signs. Andy Piekarski inquired on lighting at the skate board park and was informed that this is an issue to address with the City of International Falls as the park owner.

2010/04-40 Motion by Hanson, seconded by Pavleck to approve an addendum to the NEMOJT E&T Agreement as recommended by the Community Service Director and upon approval of the County Attorney. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-41 Motion by Pavleck, seconded by Lepper authorizing the Community Service Director to purchase ITV equipment at a cost of $6,500 with funding from a $1,500 grant, federal reimbursement of about $3,000 and the balance in county dollars to be found within the 2010 Community Service Budget and with the understanding that there will be a pay back through reduction of out of county travel for training and meetings. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-42 Motion by Lepper, seconded by Hanson accepting the following Foster Care and Day Care Licensing recommendations: relicense Amber Black for group family day care of ten children; relicense Stephanie Dremmel for family day care for fourteen children; license Debbie Briggs for foster care of two children; license Molly French for foster care of one child; license Terry and Nancy Harala for foster care of four children; license Stanley and Keturan Schrock for foster care of one child. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

000 The Fraud Prevention Investigator assigned by the State to Itasca and Koochiching Counties, provided a report on his work in assisting the County Financial Assistance Unit with fraud investigation to determine if public assistance was provided to ineligible persons based on false information and if so, initiating the necessary action for repayment.

000 The County Board convened a public hearing at 1:35 p.m. for the purpose of reviewing the appraisal for awarding damages to the servient landowner for land taken for a Cartway Order. The servient landowner and petitioner were served the hearing notice and provided a copy of the appraisal obtained by the County for the purposes of awarding damages. In review of the amount of damage for the land taken from the servient landowner for the cartway, the County Attorney advised that the County consider any benefit the Cartway would provide to the servient landowner and if a benefit is determined, it be deducted from the damage award per State law governing cartways. In review with the County Attorney, the County Board concurred that the information collected on the Jacobson Cartway Petition would indicate the cartway has no benefit to the servient landowner. The Board reviewed the appraisal from Ramsland & Vigen, Inc. as to the value of the land to be taken for the cartway, reasonably estimated at $4,700. Attorney for the Petitioner stated that they are in general support of the appraisal with some question on the timber value. However, if the County Board awarded damages based on the appraised value of $4,700, the petitioner would not dispute it. In review with the Servient Landowners, they did not agree to the land value damage award. They can not argue the appraised value, however, they argue just compensation for a cartway that is dividing their land and ruining the private and peaceful life style the property provides them. This cartway is being forced on them and they have no intentions of using the road; they view it as an eye sore. In review with the County Attorney, the Board members inquired whether they could award punitive damages and were directed to the State statute where the award of damages is limited to land value. Board members understood the position of the servient landowner and did not disagree with them. However, State law and Court Order dictates the County Board move forward and follow the process in law to establish the cartway. With no further comment, the hearing was closed at 2:05 p.m.

2010/04-43 Motion by Lepper, seconded by Pavleck to accept the appraised value of $4,700.00 as submitted by Ramsland and Vigen, Inc. and upon determining that the servient landowner receives no benefit from the Cartway, to award $4,700.00 in damages to servient landowner Ronald and Delphine Nelson for their property acquired for the Cartway as ordered in County Board Resolution 2009/10-29. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-44 Motion by Lepper, seconded by Hanson that as a condition of the Cartway ordered in County Board resolution 2009/10-29, certification of the cartway construction includes that the Petitioner has the sole responsibility to comply with federal and state wetlands laws and its rules and procedures as well as any other federal and state laws and regulations that apply with construction of the Cartway. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-45 Motion by Pavleck, seconded by Lepper that as a condition of the Cartway Order in County Board resolution 2009/10-29, that construction of the Cartway must be completed by September 30, 2012. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-46 Motion by Pavleck, seconded by Lepper that as a condition of the Cartway Order in County Board resolution 2009/10-30, that the Cartway is designated as private in nature for maintenance purposes with apportionment of the maintenance cost 100% to the petitioner as the benefited property owner of the Cartway; further, that the maintenance cost apportionment is subject to reconsideration with change of benefited property owners of the Cartway. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.

2010/04-47 Motion by Pavleck, seconded by Hanson to adjourn the meeting at 2:45 p.m. Voting yes: Adee, Hanson, Lepper, Pavleck. Motion carried.