REGULAR MEETING OF THE KOOCHICHING COUNTY
BOARD OF COMMISSIONERS
Held on Tuesday, April 21, 2009; 10:45 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Doug Grindall, Phil Miller, Ann Scholler; Reporters Tom LaVenture and Sheldon Slaubaugh

2009/04-34 Motion by McBride, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/04-35 Motion by Pavleck, seconded by Adee to approve the minutes from the April 14, 2009 regular meeting. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/04-36 Motion by Lepper, seconded by McBride to approve payment of the Highway claims in the amount of $90,041.68. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/04-37 Motion by Pavleck, seconded by Lepper accepting the recommendation of the County Coordinator to approve a revised Family Medical Leave Act Policy and Forms to accommodate changes to the Federal Act for medical leave as it relates to the care of an active service member receiving an injury or illness in the line of duty and to accommodate a change to the definition of a serious health condition. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/04-38 Motion by Pavleck, seconded by McBride authorizing the Complex Superintendent to expend up to $6,400 from the Sinking Building Account to fix a drive for the Air Handler System in the Forestland Building. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/04-39 Motion by Pavleck, seconded by Lepper accepting high bid in the amount of $85,000 from David and Christine Murphy for the public sale of County property as part of Lot Ten (10), AUDITOR’S PLAT NO. FIVE (5), according to the recorded plat thereof, described as follows: The East One Hundred Fifty Feet (E 150’) of the Southeast Quarter of the Southwest Quarter (SE_SW_), Section Twenty-eight (28), Township Seventy-one (71) North, Range Twenty-three (23) West, Koochiching County, MN, lying northerly of a line Two Hundred Fifty Feet (250’) south of and parallel with the north line of said Southeast Quarter of the Southwest Quarter with sale subject to easements, restrictions and reservations of record and reserving all mineral rights to Koochiching County pursuant to Minn. Stat. Sec. 373.01, Subdivision 1(5) (g) Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Highway Engineer presented three road project proposals to submit application to the Federal High Priority Transportation Projects Program for funding consideration with application deadline of Monday, April 27, 2009. Approved projects under the High Priority Project Program receive 80% federal funding and require a local match of 20%. The Engineer pointed out that the project figures he will present do not include the local cost for engineering, right of way and/or wetland mitigation. The first project recommended is establishment of a road to the County/City Foreign Trade Zone Property from Highway 11 at Ranier. This proposal is the most economical approach for providing access to the FTZ at $400,000. The Engineer would recommend this proposal over the City’s proposal to run the road off State Highway 332 at a total cost of $2.5 million and having to reallocate CSAH miles from elsewhere in the County. In addition, the State Highway 332-FTZ Route proposal will require much more engineering and wetland mitigation and will require property acquisition which is additional local cost. The second project proposed is the By-Pass for the City of Ranier due to train blockage and as a separate project, the Engineer will look to the State’s Safety Funding for Warning Signal Lights on Highway 11 for the Ranier area to inform motorists and emergency vehicles if a train is blocking the main route. The By-Pass Project cost is $184,000 and the Signal Warning Lights estimated at $30,000. The third project is the Gateway Corridor Project as proposed by ARDC being that of the Highway 53/11 East Intersection Redesign, the Highway 53 Streetscape and the Way-finding Signage for a total cost of $595,300 which is supported by the Chamber and City of International Falls and is part of the Voyageurs National Park Gateway Corridor Project. Board members though supporting the projects felt it was not a good time financially to come up with the local funding to cover grant matches and other cost. The Highway Engineer stated that if the projects are approved, the Board would need to consider the local funding in the 2010 County Budget process, understanding the financial picture most probably will not improve for 2010.

2009/04-40 Motion by Pavleck seconded by Adee prioritizing the Engineer’s Project Proposals for application of federal funding from the Federal High Priority Transportation Projects Program as follows: First the Gateway Corridor Project; Second the Ranier By-Pass; Third the FTZ Route from Highway 11 at Ranier. Further, authorizing the Board Chair to sign the letter of support on behalf of Koochiching County as required for the funding application. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 As a follow up to the review with the Judge and County Attorney on April 7th regarding the Board’s directive to deny payment of claims for court appointed attorneys representing parents in CHIPS and TPR cases, the Board was presented with a list of open cases and pending claims subject to non-payment under the directive. The County Attorney understanding the Board’s position to fight the pass down of cost by the State Court system, asked the Board to also consider the ramifications to child protection services. The County Attorney informed the Board that Rice County is waiting for their decision from the Court of Appeals with their challenge of the State Court System arbitrarily shifting this cost to the county and Crow Wing County, in the same Judicial District as Koochiching County, is proceeding to appeal their case to the Court of Appeals on the very same issue. Crow Wing County will also request the County Attorneys Association to file an Amicus Brief on their behalf. Board members though understanding the need to provide these services and pay those who rendered the service, have great concern with the continuous shifting of cost from the State Court System to the County and simply should not pay claims without taking a stand. Board members felt that denial of the claims and order by the Judge for payment would provide the County a paper trail and defend the Board’s directive. In addition, it would provide the County’s position as it may relate to the challenges of the other counties who are trying to defend this pass down of state cost to the local taxpayers.

2009/04-41 Motion by Pavleck, seconded by Lepper to reaffirm Board Motion 2008/07-14 to not pay the cost of legal counsel for parents in CHIPS and TPR cases turned over to the counties based on the State Court decision that these services were non-mandated services of the State Court System and that the Court no longer has the funds to pay these costs. Further, that the County denies payment of claims under this directive pending court order. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:15 p.m. No comment was presented.

2009/04-42 Motion by McBride, seconded by Pavleck to adjourn the meeting at 12:15 p.m. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

___________________________________ ___________________________________
Mike Hanson, Board Chair Teresa Jaksa, Coordinator

The Daily Journal
May 6, 2009