Regular County Board Meeting 02/28/12

MINUTE SUMMARY REGULAR MEETING OF THE KOOCHICHING COUNTY

BOARD OF COMMISSIONERS

Held on Tuesday, February 28, 2012; 9:30 a.m.

MEMBERS PRESENT:   Commissioners McBride, Hanson, Ecklund, Pavleck

MEMBERS ABSENT:     Commissioner Adee (Other County Business)

The County Board approved the February 28th meeting agenda; approved the minutes from the February 21, 2012 regular meeting; approved payment of the Courthouse claims in the amount of $23,096.07, approved payment of the Health claims in the amount of $11,869.51; approved payment of the Community Service Department claims as presented; approved payment of Burial Case #1511440 in the amount of $1,570.00; approved an On Sale/Sunday Intoxicating Liquor Licenses and a Tobacco License to the International Falls Country Club, Inc. for the period of March 15 through October 15, 2012.  

000   Commissioner Hanson serving as the County representative on the NE MN HOME Consortium Board stated that the continued reduction of federal funding coming to the Consortium has resulted in insufficient funding to meet the priorities set by the Consortium for each of the member counties (Cook, Itasca, Koochiching, Lake and St. Louis Counties). Koochiching County representatives have been asked to support Kootasca’s Home Rehabilitation Program of which members are leaning to due to the positive affect it has for homeowners in need and the community overall.  

2012/02-44   Motion by Hanson, seconded by Pavleck to authorize the Board Chair to sign the Right of Entry Authorization for Watercraft Inspections giving permission for the DNR to enter and occupy all water accesses owned or administered by the County to inspect watercraft and water-related equipment in order to remove or destroy aquatic invasive species.  Further, to request that the DNR make contact with Ontario Canada to encourage their participation in a prevention program for aquatic species invasions in the shared International waters, requesting the DNR provide sufficient staffing at the boat landings to avoid traffic jams and backlogs of boats trying to clear the landings and requesting the DNR meet with the County Board sometime after the Early Spring Rainy River Fishing Season to report how the inspection process went.  Voting yes: McBride, Hanson, Ecklund, Pavleck.   Motion carried.

2012/02-45   Motion by Hanson, seconded by Pavleck accepting the recommendation of the County Engineer to award the following low bids:   SAP 036-599-010 (bridge replacement on UT 9 - $10,000 County dollars) to Redstone Construction Company, Inc. in the amount of $818,359.40;  SAP 036-608-016 (2012 Culvert Replacements) to Bowman Asphalt Products in the amount of $1,163,903.00; SAP 036-618-011 (CSAH 18 Bituminous Surface and Aggregate Shoulders) to Knife River Materials in the amount of $508,672.50.  Voting yes: McBride, Hanson, Ecklund, Pavleck.   Motion carried.

2012/02-46   Motion by Hanson, seconded by Ecklund accepting the recommendation to close the home of Cindy Hell for family day care per the provider’s request.  Voting yes: McBride, Hanson, Ecklund, Pavleck.   Motion carried.

2012/02-47   Motion by Hanson, seconded by Ecklund authorizing the Board Chair to send a letter to AMC requesting their support of the MN Counties Association of Social Service Directors’ recommendation for legislation to change the formula for allocation of the Vulnerable Child and Adult Protection Act Grant.  Voting yes: McBride, Hanson, Ecklund, Pavleck.   Motion carried.

2012/02-48   Motion by Ecklund, seconded by Pavleck adopting a resolution supporting legislation to modify wetland replacement requirements in counties with 80% or more of their pre-settlement wetlands remaining. Voting yes: McBride, Hanson, Ecklund, Pavleck.   Motion carried.

000  The Environmental Service Director informed the Board that at the last VNP Clean Water Joint Powers Board meeting, St. Louis and Koochiching County were asked to consider split funding to continue the services of S.E.H. for planning municipal sewer in the VNP Basin.  In review, it was pointed out that the Island View Sewer Area which is part of the overall VNP Sewer Basin Plan, is about half of the overall project cost so justifies a fifty percent contribution from Koochiching County.  It was agreed to have S.E.H. representatives meet with the County Board in committee on March 27th to further review funding needed from Koochiching County for the sewer project.

000   Commissioner Pavleck reviewed a federal administration proposal to increase the number of waters, streams and wetlands receiving federal pollution protection which has been provided to the federal Office of Management and Budget (OMB) for final review. NACO provided a briefing to counties that this so-called guidance, if finalized, would increase the miles of streams and acres of wetlands that fall under the federal government’s regulatory jurisdiction under the Clean Water Act. At this point it is not known whether OMB will issue a speedy approval of the decision or it will be stalled at the review stage.

000    The Board Chair opened a public hearing at 11:00 a.m. to hear comment on the County’s proposal to not regulate property fences under local zoning and to revise the County Zoning Ordinance to remove “fence” from its structure definition.   The Environmental Service Director stated that the County Zoning Ordinance has fence listed under the definition of structure which is incorrectly defined.  Being under the structure definition in the Ordinance, a set back for a fence from a property line would be the same as a building set back, any where from 10 feet to 75 feet.  Though this misstatement was recognized in the past, no action was taken to rectify it in the Ordinance. The Planning Commission instead relied on administration policy when a fence situation arose but it was not enforceable as if in an Ordinance.  In previous reviews with the County Board on whether to add language to the Zoning Ordinance to regulate fences to that which is regulated in State law, it was decided that the County would not regulate fence law locally and do so only where state law would require it of the County.  With no other comment, the Board Chair closed the hearing at 11:14 a.m.    

2012/02-49   Motion by Pavleck, seconded by Ecklund to approve a revised Koochiching County Zoning Ordinance removing “fence” from the Structure Definition with intent to not regulate property fences under local zoning.  A printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the County Auditor. Voting yes: McBride, Hanson, Ecklund, Pavleck.   Motion carried.

2012/02-50   Motion by Ecklund, seconded by Pavleck adopting a resolution exempting certain owners and occupants of land from the Partition Fence Provisions of MN Statute Chapter 344:  WHEREAS, pursuant to Minnesota Statute Section 344.011, by resolution, the Fence Viewing Authority may exempt adjoining owners or occupants from the provisions of Minnesota Statutes Chapter 344, the law of Partition Fences, when their lands, considered together, contain less than 20 acres; and  WHEREAS, the Koochiching County Board desires to limit the applicability of the partition fence law to disputes and/or claims involving larger land masses typical of agricultural uses and not within shoreland communities and residential areas.  NOW, THEREFORE, BE IT RESOLVED that the Koochiching County Board, acting as the Fence Viewing Authority in the unorganized areas of the County of Koochiching, hereby declares, pursuant to Minnesota Statute § 344.011, that the adjoining owners or occupants of land, when their land considered together is less than 20 acres, are exempt from the provisions of Minnesota Statutes Chapter 344, the laws regarding Partition Fences.   Voting yes: McBride, Hanson, Ecklund, Pavleck.   Motion carried.

Meeting adjourned at 11:20 a.m.

A full copy of the minutes is available on the County website at www.co.koochiching.mn.us and for public inspection at the County Administration Office during regular business hours.

The Journal

March 10, 2012