Government Board of Commissioners Meeting Minutes Commissioner's Minutes - November 8, 2011
| Commissioner's Minutes - November 8, 2011 |
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MINUTES OF THE REGULAR MEETING OF THE COOK COUNTY BOARD OF COMMISSIONERS
Grand Marais, Minnesota The Board met in regular session this 8th day of November, 2011, at the Courthouse in Grand Marais, Minnesota. The meeting was called to order at 8:30 a.m. with the following members present: Commissioners Hakes, Hall, Johnson, Martinson, and Sobanja. Absent: None. County Board Chair Johnson led the Commissioners in reciting the Pledge of Allegiance. Motion was made by Hall, seconded by Martinson, and carried to make adjustments to the agenda as presented. Howard Hedstrom, Chair of the Cook County Broadband Commission, appeared before the Board during the public comment portion of the meeting. Hedstrom reported that Cook County Information Systems Director Danna MacKenzie was appointed by Governor Mark Dayton to the Minnesota State Broadband Task Force, which will be chaired by Lieutenant Governor Anderson-Keller. Present for this discussion was Information Systems Director Danna MacKenzie. Hedstrom commended MacKenzie for being appointed to this commission, stating that it would also be a direct benefit to Cook County to have her involved at the state level regarding broadband issues. MacKenzie reported that the appointment was for 2 years, and she will report back to the County Board during that time regarding various issues. Following discussion, motion was made by Hakes, seconded by Martinson and carried to express the County Board's full support of the appointment for 2 years, and authorizing said work to be done as a part of MacKenzie's county job duties. Hal Greenwood and Gene Erickson appeared before the Board during the public comment portion of the meeting to discuss the Community Center and pool proposal. Six other citizens were also present for this discussion. Greenwood reported that he obtained bids to estimate how much it would take to fix the existing pool in the Grand Marais Recreation area and believes that the facility could be upgraded for $447,000.00. Erickson encouraged the County Board to reconsider whether to have a pool as a part of the Community Center project, believing the existing pool could be restored. Greenwood reported that he conducted a survey and 92% of the people contacted think that the current Community Center pool project is too big. David Betts, County Engineer, appeared before the Board with several issues. Betts presented a request to issue final payment to Edwin E. Thoreson, Inc. in the amount of $4,673.84, for C.P. 11-02, a gravel crushing contract. Motion was made by Sobanja, seconded by Hall, and carried to approve final payment to Thoreson, Inc. as requested. Betts reviewed the process whereby no bids were received from contractors interested in performing winter maintenance on the Voyageurs Point Subordinate Service District. Betts modified the requirements and re-bid the project, receiving three qualified bids. Low bid was received from Bud's Towing and Plowing, in the amount of $90 per show occurrence. Motion was made by Sobanja, seconded by Hall, and carried to award the winter maintenance bid for the Voyageurs Point Subordinate Service District to Bud's Towing and Plowing as presented. Betts presented a copy of the State of Minnesota Agency Agreement between the Department of Transportation and Cook County for Federal participation in construction. This agreement, which is a renewal and clarification of Agreement No. 84111, allows MN DOT to act as the County's Agent in accepting Federal Funds on the County's behalf for construction projects that are financed in whole or in part by Federal Funds. Following discussion, Commissioner Martinson moved the adoption of the following resolution and upon seconding by Commissioner Hall was adopted by unanimous yea vote of all members present: RESOLUTION # 2011-68 BE IT RESOLVED that, pursuant to Minnesota Statutes Sec. 161.36, the Commissioner of Transportation be appointed as Agent of Cook County to accept as its agent Federal-aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Cook County Board Chair and the Cook County Auditor-Treasurer are hereby authorized and directed for, and on behalf of, Cook County to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said Federal-aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 00016," a copy of which said agreement was before the County Board and which is made a part hereof by reference. Betts presented the second draft of the Subordinate Governmental Service District Private Roadway Maintenance Policy for Cook County. Betts reported that he worked with County Attorney Tim Scannell and Auditor-Treasurer Braidy Powers to revise the initial draft of the policy, which had been presented to the County Board at a previous meeting. County Attorney Scannell was present for this discussion and reviewed the changes that were made. The County Board discussed how overruns or unanticipated costs could be spread among the owners in a subordinate service district. Following discussion of the policy, a motion was made by Hakes, seconded by Sobanja, and carried to have the Highway Department post the Subordinate Governmental Service District Private Roadway Maintenance Policy on the County website, send a copy to each Subordinate Service District, and set a time at future County Board meeting to obtain public comment on the policy, before it is formally adopted by the County Board. Betts reported that the Mile O Pine Subordinate Service District spent $7,400 on gravel that was not a part of the original summer maintenance plan, so the County needs to decide how to spread the associated costs. The County Board will consider how to resolve this issue at a future Board meeting. Betts reported that he has been working with U.S. Representative Chip Cravaack, who is sponsoring legislation that would allow Cook County to purchase the final piece of right-of-way for the CSAH 8 project near the Grand Marais Airport. Betts will also be speaking with U.S. Senators Any Klobuchar and Al Franken regarding this issue, once the bill passes the House. Brian Silence, Maintenance Director, appeared before the Board. Silence reported that one of the furnaces failed at the Community Center and presented a quote from Chuck's Heating and Refrigeration in the amount of $2,816.00 to purchase and install a new furnace. Motion was made by Sobanja, seconded by Martinson, and carried to accept the quote for a new furnace as presented. 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 # 2011-69 BE IT RESOLVED, that the following claims totaling $ 54,097.93 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: Hall/Janice 1,100.00 Braidy Powers, Auditor-Treasurer, appeared before the Board. Powers presented a resolution that would authorize the execution of certain documents to allow the refinancing of the Courthouse/Law Enforcement debt. The documents will be prepared by the Fryberger Law Firm and reviewed by the County Attorney prior to approval at the bond closing. Commissioner Hakes moved the adoption of the following resolution and upon seconding by Commissioner Martinson was adopted by unanimous yea vote of all members present: RESOLUTION # 2011-70 RESOLUTION PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF CERTAIN TERMINATION DOCUMENTS REGARDING THE LEASE-PURCHASE AGREEMENT AND PRIMARY LEASE AGREEMENT FOR THE COURTHOUSE AND LAW ENFORCEMENT CENTER, AN ESCROW AGREEMENT REGARDING THE $4,235,000 CERTIFICATES OF PARTICIPATION, SERIES 2003A AND CERTAIN TRANSFER DOCUMENTS BE IT RESOLVED by the Board of Directors (the "Board") of Cook County Building Authority, a Minnesota non-profit corporation (the "Authority"), as follows: Section 1. Findings. A. Cook County, Minnesota (the "County") is a public body, corporate and politic, duly organized and existing under the laws of Minnesota. B. The County, by resolution adopted July 23, 1996, determined that it is necessary and expedient to construct a law enforcement center and to make improvements to the Cook County Courthouse (the "Project") and to finance the project through a lease-purchase agreement with the Authority. C. The County financed the Project through a lease-purchase agreement pursuant to Minnesota Statutes, Section 465.71 (the "Act"). D. The Authority entered into a primary lease agreement and a lease-purchase agreement, and an amendment thereto, with the County. E. Certificates of Participation in the principal amount of $4,235,000, evidencing a proportionate interest of the owner in lease-purchase payments to be made by Cook County, Minnesota, as the purchase price of certain facilities pursuant to a lease-purchase agreement (the "Certificates") were issued pursuant to a Trust Agreement among the County, the Authority and U.S. Bank National Association, as trustee (the "Trustee"). F. The County desires to reduce its debt service payments under the Lease-Purchase Agreement through the issuance of general obligation capital improvement bonds authorized by the County Board on October 25, 2011. G. The County proposes to prepay the outstanding Certificates, through an Escrow Agreement among the County, the Authority and the Trustee, maturing on and after February 1, 2012, on February 1, 2012 (the "Redemption Date"). H. Upon execution of the Escrow Agreement, all obligations under the primary lease agreement, the lease-purchase agreement and trust agreement shall terminate and all right, title and interest in the Project of the Authority shall be transferred to the County. I. The forms of the following documents have been prepared and submitted to the Board: (i) Termination of Trust Agreement; (ii) Termination of Assignment of Rents and Leases; (iii) Termination of Primary Lease Agreement, Lease-Purchase Agreement and Amendments thereto; (iv) Quit Claim Deed; (v) Bill of Sale; and (vi) Escrow Agreement; (collectively, the "Documents"). Section 2. Authorization and Approval of the Documents. The Documents are hereby made a part of this Resolution as though fully set forth herein and are hereby approved in substantially the forms presented to the Authority. The President or Vice President and the Secretary/Treasurer are authorized and directed to execute, acknowledge and deliver the Documents on behalf of the Authority with such changes, insertions and omissions therein as the attorney for the Authority may hereafter deem appropriate. Such execution is to be conclusive evidence of approval of such documents in accordance with the terms hereof. Section 3 Other Documents. The President or Vice President, the Secretary/Treasurer and the other officers of the Authority are authorized and directed to execute and deliver all of the certificates, documents and agreements which may be required under the terms of the Documents or by the County Attorney and to take such other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof. The County Commissioners discussed the possibility of constructing a warming house for the ice rink at the Cook County Community Center. Present for this discussion were Community Center Director Diane Booth and four citizens. Tim Meyer of the Meyer Group was also present via telephone. Commissioner Hakes reported that the ice subcommittee met to discuss the warming house, at the request of the County Board, and would like to proceed in having a warming facility that could also serve as a concession area and storage building. The subcommittee would like the design professionals to begin drafting some preliminary plans for a facility that could be shared by the Hockey Association, general ice skaters, the Cook County Tennis Association, the Cook County High School Baseball team, as well as summer softball and soccer teams. Tim Meyers reported that the Meyer Group could provide limited architectural services for an hourly, not to exceed, fee of $5,000. Commissioner Hakes questioned whether a garage building could be installed and insulated for use as a warming facility, not wanting to spend $5,000 in design cost. Commissioner Johnson stated his belief that spending $5,000 to have a professional involved with the project will save additional costs at a later date. Gail Anderson, citizen, suggested that the warming facility be added to the North Side of the Community Center. Steve Smith, citizen, suggested that a stand-alone building in a convenient area would get more use. Following considerable discussion, a motion was made by Sobanja, seconded by Martinson, and carried approve proposal No. 10-010.20, for the Meyer Group to provide limited architectural services as outlined to plan for a warming facility at the Community Center, at a cost not to exceed $5,000.00, to include a pre-design and two meetings. Tim Meyers will contact all user groups before designing a facility. Diane Booth agreed to set up the meetings regarding the warming house project. Correspondence - Memos: B. MN Transportation Alliance News Reviews for 10/28 and 11/2/11. Information. C. Materials for Cook County Soil & Water Conservation District meeting on 11/3/11. Information. D. Tofte-Schroeder Sanitary Sewer District meeting minutes for 9/19/11. Information. E. Letter from Emily LaVigne, 10/27/11, re: CSAH 8 road conditions. Information. F. Cook County Board of Commissioner meeting minutes for 10/11/11. Motion was made by Hall, seconded by Sobanja, and carried to approve the County Board minutes as presented. G. Letter from MN Dept. of Education, Sept. 2011, re: financial Support for regional public library systems. Information. H. Thank-you letter from Myron Bursheim, 10/28/11, re: "Chipper Days". Information. Commissioner Hakes reported that the Koochiching County Board of Commissioners wrote a letter to its Federal Legislators to oppose the proposed legislation that would grant the Secretary of Homeland Security jurisdiction over Federal land within 100 miles of the U.S. Borders, to include the ability to waive environmental protection laws, to allow for homeland security activities. Hakes thought that appropriate National Security could be provided without affecting environmental protections. Commissioner Martinson believed that the 100 mile area being proposed is too large. Commissioner Hall expressed her concern that homeland security could become an unchecked authority and also thought that the legislation would negatively affect the U.S. Canadian economy as it would make border crossings more difficult. Following discussion, motion was made by Sobanja, seconded by Hakes, and carried to have the County Board write a letter to its Federal and State Representatives in opposition of the proposed legislation to allow Homeland Security jurisdiction over Federal land within 100 miles of the U.S. Border as proposed. Commissioner Martinson reported that the Tofte/Schroeder Sanitary Sewer District is applying for a Coastal Program Star Grant for money to fund a pilot study for ultra-violet (UV) Septic treatment at the Tofte Town Hall. The sanitary district has requested that the County Board write a letter of support for the grant. Commissioner Hall noted that the Cook County Soil & Water Conservation District was asked for a similar letter of support, but requested more information regarding the new UV design process before making any commitment. Following discussion, motion was made by Martinson, seconded by Sobanja, and carried to send a letter of support for the Coastal Program Star Grant being submitted by the Tofte/Schroeder Sanitary Sewer District, by the following vote: Ayes- Hakes, Johnson, Martinson, and Sobanja. Nays - Hall, wanting more information regarding the pilot project. At 11:00 a.m. the County Board conducted a public hearing regarding the proposed Cook County Social Host Ordinance. Present for this discussion were County Attorney Tim Scannell and County Sheriff Mark Falk. County Attorney Scannell provided an overview of the Social Host Ordinance and the reasons that it was needed. County Sheriff Falk reported that the County has an obligation to minimize underage drinking. Scannell reported that the City of Grand Marais passed a similar Social Host Ordinance that would be in effect within the City boundaries. The State of Minnesota is also considering adopting a Social Host Ordinance. If adopted State-wide, the County Ordinance would become moot. No citizens were present for the public hearing to give input. Two written comments were received by the County Board regarding the ordinance. Following discussion, motion was made by Hakes, seconded by Sobanja, and carried to adopt the Cook County Social Host Ordinance as presented. Scannell reported that the Public Health and Human Services Department will be responsible for educating the Community regarding this newly adopted ordinance, which will become effective upon publication in the local newspaper. Jim Wiinanen, Emergency Management Director, reported that the Cook County Emergency Operations plan needs to be reviewed and requested that two Commissioners be a part of the review process. Motion was made by Hakes, seconded by Martinson, and carried to designate Commissioners Hall and Johnson to review the County Emergency Operations Plan, with Commissioner Martinson as alternate. Commissioner Martinson reported that a Cook County/Grand Marais EDA subcommittee met on November 1, 2011 to make recommendations regarding web site development for the EDA and marketing activities for the Cedar Grove Business Park. The EDA will meet on November 8 to review the recommendations. At 11:30 a.m. a motion was made by Sobanja, seconded by Martinson, and carried to close the regular meeting of the Cook County Board of Commissioners to discuss labor negotiations with the Cook County Employees Association. Present for this discussion were all five Commissioners in addition to Auditor-Treasurer Braidy Powers and Personnel Director Janet Simonen. At 12:45 p.m. a motion was made by Hakes, seconded by Martinson, and carried to end the closed session of the Cook County Board of Commissioners and reconvene the regular meeting. There being no further business, motion was made and carried to adjourn the County Board meeting at 12:50 p.m.
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