Government Board of Commissioners Meeting Minutes Commissioner's Minutes - April 27, 2010
| Commissioner's Minutes - April 27, 2010 |
| Wednesday, 26 May 2010 07:53 |
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Grand Marais, Minnesota The Board met in regular session this 27th day of April, 2010, at the Courthouse in Grand Marais, Minnesota. The meeting was called to order at 8:30 a.m. with the following members present: Commissioners Fenwick, Hall, Sobanja, and Martinson. Absent: Commissioner Johnson. County Board Chair Sobanja led the Commissioners in reciting the Pledge of Allegiance. Motion was made by Hall, seconded by Martinson, and carried to approve the agenda for the meeting as amended. Mary Black, Assessor/Land Commissioner, appeared before the Board. Black presented an abatement application involving the Ardyce Dalbec property (parcel I.D. # 54-107-4375) and the Carter-Miller property (parcel I.D. # 54-107-4350). Black reported that when the Dalbec property was sold to Carter-Miller, the assessment for a pole building was erroneously put on the Carter-Miller property when it should have stayed with the Dalbec property. Black also presented an abatement application from Carol Jean Lyon (parcel I.D. # 49-630-4320), as the parcel was inadvertently assessed as 1.46 acres when it is actually only .46 acres, per recorded legal description and survey. Motion was made by Martinson, seconded by Fenwick, and carried to approve both abatement applications as presented. Black and the Board reviewed a memo regarding appeals for special taxing programs during County Board of Equalization meetings. No action was needed. Francis Johnson, Highway Department Engineering Technician, appeared before the Board. Johnson presented the 2010 Cook County Bridge Priority List. The Commissioners requested to see the prior bridge priority list, for comparison. County Board Secretary Simonen agreed to provide that information. Following discussion, Commissioner Martinson moved the adoption of the following resolution and upon seconding by Commissioner Fenwick was adopted by unanimous yea vote of all members: RESOLUTION # 2010-30 WHEREAS, Cook County has determined that the following deficient bridges on the CSAH, County Road and Township systems are a high priority and require replacement or rehabilitation within the next five (5) years, and Priority Old Whereas, local roads play an essential role in the overall state transportation network and local bridges are the critical component of the local road systems, and WHEREAS, State support for the replacement or rehabilitation of local bridges continues to be crucial to maintaining the integrity of the local road systems and is necessary for the County and Townships to proceed with the replacement or rehabilitation of high priority deficient bridges described above, and WHEREAS, Cook County intends to proceed with replacement or rehabilitation of these bridges as soon as possible when State Transportation Bond Funds are available, BE IT RESOLVED, that Cook County commits that it will proceed with the design and contract documents for these bridges immediately after being notified that funds are available in order to permit construction to take place within one year of notification. RESOLUTION # 2010-31 BE IT RESOLVED, that the following claims totaling $ 22,369.61 having been audited and found to be true and correct claims against Cook County, are approved and the Auditor-Treasurer is hereby authorized to draw warrants in payment of said claims: Braidy Powers, Auditor-Treasurer, appeared before the Board with several items. Powers reported that the Grand Marais State Bank donated $500 for the 2010 Emergency Services Conference. Motion was made by Hall, seconded by Fenwick, and carried to accept the donation from Grand Marais State Bank. Powers reported that Cook County requested $30,000 in Flood Grant Funds to repair the Deer Yard/Cascade Trail System following the June 2008 flood, and was awarded $25,000. Motion was made by Fenwick, seconded by Martinson, and carried to approve Project No. G104-08-S-12, a Flood Grant from the Minnesota Department of Natural Resources as presented in the amount of $25,000. Powers reported that the Firewise Communities Committee is the potential recipient of a $120,000 grant under the Federal American Recovery and Reinvestment Act, which would be used to conduct Community Wildfire Protection Plan work to reduce the amount of hazardous fuels in the Tait Lake area. Motion was made by Hall, seconded by Fenwick, and carried to approve the Community Wildfire Protection Plan Fuel Reduction Grant application as presented. B. MN Rural Counties Caucus email and notes for 4/19/10. Commissioner Sobanja reported that the Greater Minnesota Parks and Trails Committee is working to establish an inventory list of regional parks and trails that may become eligible for some grant funding. C. Flyer re: Aviation in the Environment, 4/22/10. Information. D. Letter from MN Dept. of Employment and Economic Development, 4/14/10, re: MN Small Cities Development Program grant. Information. E. MN Dept of Natural Resources News Release, 4/21/10, re: increased burning restrictions. Information. Richard Swanson, Attorney, appeared before the Board to discuss a property boundary issue on McFarland Lake. Also present for this discussion were Highway Department Engineering Technician Francis Johnson and County Attorney Tim Scannell. Swanson was asked to provide a title opinion to the Minnesota Land Trust for a portion of the Jessica Wirth property, located next to the public landing, as she is developing a conservation easement grant with the Trust, but the property description for the County-owned land at the McFarland Public Landing is inaccurate and does not match with the descriptions contained in the Plat for the Wooly's Bluff area. Swanson has worked with the County Attorney and Highway Department to reach an agreement to exchange deeds between the Cook County and Wirth to clarify that the property line would be the boundary of the Wooly's Bluff plat for Lot 17. Swanson submitted a quit claim deed from the County to Wirth for the Lot 17 property. If signed, Wirth will execute a Trustee's Deed to give the County clear title to everything lying northerly and westerly of Lot 17 within Government Lot 1 of Section 9. Swanson, Scannell, and Johnson agreed that this would resolve the issue regarding the location of that mutual boundary. Following discussion, motion was made by Martinson, seconded by Hall, and carried to approve the quit claim deed as presented and to authorize the County Board Chair and County Auditor to sign the document on behalf of the County. Commissioner Fenwick provided an update of the Community Center expansion project. Fenwick has met with representatives of the City of Grand Marais, ISD # 166, Grand Marais Library Board, and Senior Center, to discuss their needs and interest in being a part of the Community Center Project. The Community Center Board of Trustees is preparing to issue a request for proposals for concept designs. Fenwick also reported that land use issues and landscape plans for the ball fields, hockey rinks, and other outdoor amenities will have to be addressed prior to any building construction. Commissioner Martinson reported that representatives of Birch Grove and the Superior National at Lutsen Golf Course Committee are also moving forward to consider proposed projects for their facilities. Bill Lane, Planning & Zoning Administrator, appeared before the Board with several issues. Lane reviewed the process whereby the annual review of the Dean Berglund Conditional Use Permit for a gravel pit revealed that he had some non-combustible materials in a burn pile. Berglund was directed to remove the materials before his CUP would be renewed. Lane reported that a recent inspection of this site revealed that said work was completed. Motion was made by Fenwick, seconded by Hall, and carried to approve the 2010 annual CUP for the Dean Berglund gravel pit. Lane presented a Conditional Use Permit request from Arrowhead Electric to replace and reconstruct an electric substation in Lutsen. Arrowhead Electric is resolving some wetland issues on the site and received variances for the project. Lane reported that screening for this type of project is usually vegetative in nature, but fencing may be a more appropriate option in this case as there is only a 5' buffer to the next property. Consensus was that the Planning & Zoning Department should approve a screening plan for the project. Following discussion, Commissioner Hall moved the adoption of the following resolution and upon seconding by Commissioner Martinson was adopted by unanimous yea vote of all members present: RESOLUTION # 2010-32 COOK COUNTY BOARD OF COMMISSIONERS BE IT RESOLVED, that upon recommendation of the Cook County Planning Commission, and after public hearing duly held on April 14, 2010 the following CONDITIONAL USE PERMIT is granted, subject to the noted conditions: Arrowhead Electric Cooperative, request to replace and reconstruct an electrical substation adjacent to County Road #5, in Lutsen. CONDITIONS: Legal Description: on reverse side BE IT FURTHER RESOLVED, that the County Auditor is directed to file a certified copy of this resolution with the County Recorder. John Stanoch, Qwest State President for Minnesota, appeared before the Board. Also present were Trent Clauson, Operations Manager, and Joanna Laundolin, Manager of Communications. Stanoch provided a review and update of the fiber line that was cut on January 26, 2010, causing a communications outage from Duluth through the North Shore area. Stanoch reported that Qwest is working to determine the cause of the cut and outage so that such problems can be avoided in the future. They are also working to make improvements to the back-up 911 system. Commissioner Fenwick noted that a system needs to be developed so that the Cook County Law Enforcement Center can be made aware of outages and reroutes as they occur. The County Commissioners also expressed the need for redundancy in fiber optic lines for the North Shore area. Stanoch provided a review of the Qwest broadband proposal that it was submitting in the second round of Federal Grant applications. If received, it would allow Qwest to provide voice and data services with higher speeds to the Cook County area. Qwest will keep the County Board updated on their activities. No action was needed. Russell Klegstad, Highway Maintenance Supervisor, appeared before the board. Klegstad reported that the County completed the recruitment process for the Maintenance Worker II vacancy, and he recommended that Daniel Berglund be appointed to the position. Berglund could start work as of April 28, 2010. Motion was made by Fenwick, seconded by Hall, and carried to approve Berglund as the Maintenance Worker II as requested. Tim Nelson, Planning Director/Solid Waste Officer, appeared before the Board. Nelson inquired whether the County would consider setting up a low interest revolving loan fund to assist county residents in upgrading their individual septic treatment systems. Nelson reported that State Grant Funds for this purpose are being reduced, and there is an increased need, especially as the County conducts septic inspections of properties on inland lakes. Commissioner Martinson reported that the Tofte/Schroeder Sewer District supports such as loan fund, and inquired whether recipients could make repayment through a property assessment spread over several years. Auditor-Treasurer Braidy Powers reported that such an assessment repayment process may be a possibility. Commissioner Fenwick expressed interest in receiving more information and moving forward on the proposal. Consensus of the Board was to direct Nelson to proceed with the project and also to ask County Environmental Health Specialist LeRoy Halberg and Public Health Nurse Coordinator Joni Kristenson to make a report at a future County Board meeting regarding Public Health concerns stemming from failing septic systems. Mark Falk, County Sheriff, appeared before the Board. Falk reported that on April 23, 2010, pursuant to his Statutory Authority, he issued an order to restrict all campfires and recreational fires within Cook County, excluding the City of Grand Marais and the Grand Portage Reservation, over which he holds no control for such matters. This order was issued as an addition to the DNR and Forest Service orders that restricted open burning, burning permits, fireworks, prescribed burning, and welding activities. Falk believed that a restriction of campfires and recreational fires was necessary due to the unusually dry weather that could facilitate massive wildfires. Falk requested that the County Board ratify his order, to provide more detail and emphasize the seriousness of the current situation. Falk reported that local Forest Service and DNR staff support the request. Commissioner Martinson noted that some resorts and businesses did not honor prior restrictions and allowed guests to barbecue at their facilities, creating inequities and financial hardships for those businesses that did enforce the ban. Sheriff Falk reported that the Sheriff's order and proposed county resolution would help to make such bans consistent within the entire County. Falk further reported that he has been in contact with Grand Marais and Grand Portage representatives, to urge them to enact a similar ban. The Commissioners discussed clarification of the proposed burning ban resolution, to clarify that only gas propane and cook stoves would be allowed. Following discussion, Commissioner Hall moved the adoption of the following resolution and upon seconding by Commissioner Fenwick was adopted by unanimous yea vote of all members present: RESOLUTION # 2010- 33 Whereas, ongoing extreme lack of moisture/dry weather conditions continue to create a significant danger of fire in Cook County; and Whereas, Cook County has fuel conditions on the ground throughout the County that are conducive to creating wildfire hazards, which conditions could cause fires to both start easily and spread quickly; and Whereas, on April 22, 2010, the Cook County Sheriff issued an order prohibiting all campfires and recreational fires within Cook County starting on April 23, 2010 at 12:01 a.m.; and Whereas, to reduce the potential for human-caused wildfires, the Cook County Board of Commissioners desires to ratify said fire ban issued by the Cook County Sheriff. BE IT HEREBY RESOLVED that Cook County hereby bans all campfires and recreational fires in Cook County, by the authority invested in the Board of Commissioners (including, but not limited to, Minnesota Statutes 88.171 s.9) for a period commencing at 12:01 a.m. on April 28, 2010 and until further notice, with the following expressed limitations on open burning for all of Cook County (except the City of Grand Marais and the Grand Portage Indian Reservation): 1. Building, maintaining, attending, or using an outdoor fire, recreational campfire, or wood/charcoal stove or grill anywhere in Cook County is prohibited. 2. Only propane gas cook stoves or grills may be used in Cook County during the time of this ban. 3. Discharging or any use of fireworks or pyrotechnic device is prohibited. 5. Violation of this order could result in being charged with a crime. Also violators could be held civilly liable for costs related to fire suppression efforts from a wildfire caused by fire in violation of this order. 6. This order will remain in effect until revoked or further modified by the Cook County Board of Commissioners. The Cook County Board of Commissioners hereby authorizes the Cook County Sheriff to revoke and/or modify this order in conjunction with any and all orders issued by the State of Minnesota or the Superior National Forest, where the timeliness of a board meeting is not conducive to the changing conditions. Commissioner Hall inquired whether the County should request information regarding the ISD # 166 proposal to implement a 4-day school week, as it impacts citizens, worksites, and daycare situations. Commissioner Fenwick noted that the school schedule is a personal issue for families and a business issue involving the School Board, but may not be a political issue that should involve the County Board. The County Board discussed the interview process for the Cook County Engineer/Agricultural Inspector position. Fenwick expressed interest in having a subcommittee conduct the interviews, so that it would not be an official meeting of the Cook County Board of Commissioners. Following discussion, motion was made by Fenwick, seconded by Hall, and carried to have Commissioners Hall and Martinson, who serve on the Cook County Personnel Committee, conduct the County Engineer interviews, assisted by Engineering/Office Supervisor Bill Parish, Maintenance Supervisor Russell Klegstad, Personnel Director Janet Simonen, and also to invite MN DOT State Aid Engineer Walter Leu to sit on the process. Simonen will begin organizing the interviews. At 11:20 a.m. a motion was made by Fenwick, seconded by Hall, and carried to close the regular meeting of the Cook County Board of Commissioners to discuss ongoing litigation regarding a real property issue. Present in the closed session were all four Commissioners in addition to County Attorney Scannell, County Auditor-Treasurer Powers, and Personnel Director/Board Secretary Simonen. At 11:45 a.m. a motion was made by Hall, seconded by Fenwick, and carried to end the closed session and to reopen the regular meeting of the Cook County Board of Commissioners. There being no further business, motion was made and carried that the meeting be adjourned.
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