Government Board of Commissioners Meeting Minutes Commissioner's Minutes - April 13, 2010
| Commissioner's Minutes - April 13, 2010 |
| Wednesday, 12 May 2010 07:43 |
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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 13th 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, Martinson, and Sobanja. Absent: Commissioner Johnson. County Board Chair Sobanja led the Commissioners in reciting the Pledge of Allegiance. Motion was made by Martinson, seconded by Hall, and carried to amend the agenda for the meeting as presented. George Wilkes appeared before the board on behalf of the Cook County Local Energy Project (CCLEP). Wilkes reported that CCLEP and the City of Grand Marais are applying for an Iron Range Resources Renewal Energy Grant in the amount of $57,000 to install a solar photovoltaic electrical system at the Gunflint Hills Municipal Golf Course. The system would serve as a renewable energy initiative demonstration project and would also lower electricity costs at the golf course by approximately $1,600 per year for the 20-30 year life of the system. The Board reviewed the total budget for the project, which was estimated at $106,686, and the matching funds and in-kind labor and donations already committed. Wilkes stated that CCLEP offered $7,000 in matching funds to the project, but is requesting that Cook County assume $5,000 of that commitment, due to CCLEP's limited financial resources. The Commissioners expressed support for renewable energy initiatives, but were concerned about the low rate of return on the investment, Following discussion, motion was made by Fenwick, seconded by Sobanja, and carried to contribute $5,000 to the project as outlined and as requested by CCLEP, with money to come from the county's undesignated Fund balance, and to request a report at least annually regarding the cost vs. savings for the solar photovoltaic electrical system at the Gunflint Hills Municipal Golf Course. Wilkes and Auditor-Treasurer Braidy Powers provided an update of the Energy Efficiency and Conservation Block Grant process. Powers reported that the State assured Cook County that it would be providing some grant funds to update the Courthouse heating and ventilation system. Wilkes reported that the Cook County Local Energy Project is applying for $50,000 in grant funds to develop energy efficiency building guidelines for the City of Grand Marais and for Cook County. If the grant funds were received, the group would hire a consultant to conduct public meetings and to establish goals and policies for the City and County regarding energy issues. The County Board expressed support for the proposal, advising CCLEP to use the term "Energy Guidelines" rather than "Comprehensive Plan", as any goals would be voluntary, not mandatory. Wilkes reported that Commissioner Jim Johnson expressed interest in being involved in the project if the funds are obtained. Wilkes reported that CCLEP is preparing to request proposals for consultants to conduct a county wide feasibility study, with an emphasis on biomass energy. CCLEP may be asking the County to help fund the study. Commissioner Fenwick encouraged CCLEP to research what is in the current Federal Legislation regarding definitions of "biomass", to determine what materials could be salvaged from Federal land for such a project. Mary Black, Assessor/Land Commissioner, appeared before the Board with several issues. Black presented an abatement application from John Gruber and Jennifer Schultz (property I.D. # 52-129-1250), to override a value that was inadvertently removed for the 2010 tax year, from Bradley and Wendy Frazier (property I.D. # 55-310-4410), to revalue the property at a lower 20 acre rate, and from Dennis and Sharon Rutford (property I.D. # 54-234-4300), to value the parcel at the 40 acre rate rather than a non-40 acre rate. Motion was made by Martinson, seconded by Fenwick, and carried to approve all three abatements as presented. Black presented a contract between Cook County and Gloria Hall Johnson to clean the Leo and Clearwater Lakes Boat Landings for the 2010 season. Motion was made by Fenwick, seconded by Hall, and carried to contract with Johnson as presented. Black presented 11 applications for local option destroyed property abatements. The properties had experienced fires during calendar year 2008 and 2009 where more than 50% of structures were destroyed and deemed uninhabitable. The Local Option Destroyed Property Abatement process allows for a refund of the taxes attributed to the building for the months that the building was uninhabitable for the year that the fire occurred and for one year after. Motion was made by Fenwick, seconded by Martinson, and carried to approve abatements for the following properties: Thomas Amberson Trustee (property I.D. # 52-125-2495, Jane and Alfred Backstrom (property I.D. # 54-110-2345), Tom Crosby (property I.D. # 80-123-0130), Polly Ann Holmberg Erickson (property I.D. # 51-019-3250), Gunflint Lodge (property I.D. # 50-575-0010), Lutsen Mountains Lodging Corp. (property I.D. # 27-121-3400), Forrest Parson (property I.D. # 52-961-6222), B Stahly/T Van Cleve (property I.D. # 52-123-1115), Greg Thoreson (property I.D. # 52-205-4200), Nancy Waver (property I.D. # 54-210-4200), Paul and Tracy Weigele (property I.D. # 56-220-2455). Timothy Nelson, Planning Director, appeared before the Board to provide a Ham Lake Reconstruction Status Update. Nelson reported that the 2007 Ham Lake Wildfire destroyed cabins and other structures on 53 properties on the Gunflint Trail. State Rules stipulated that any of the destroyed structures that were non-conforming at the time of the fire could be rebuilt in their exact dimensions and set back distances without having to secure a variance, as long as the land use permit was applied for within 180 days of the fire event. The County Board decided to extend the effective duration of the land use permits issued to such properties from the existing 1-year time frame to a 3-year period. 34 3-year land use permits were issued, 28 permits have been fully acted upon and completed, and 6 permits have not yet been acted upon. Following discussion, motion was made by Martinson, seconded by Fenwick, and carried to approve a 12-month final extension for the 6 existing permits to allow owners to build non-conforming structures to replace those lost in the Ham Lake Fire, and to direct Nelson to bring several recreational vehicles being used on the sites into compliance with County Policy. Danna MacKenzie, Information Systems Director, appeared before the Board. MacKenzie reported that the Blandin Foundation, in conjunction with 19 partners, was awarded a 4.7 million dollar Federal Broadband Technology Opportunities Program Grant on behalf of Rural Minnesota Communities. Cook County was selected has one of eleven demonstration communities to receive up to $100,000 to assist in educating the public regarding broadband opportunities and to build tools to establish a broadband network. MacKenzie requested that the County Board act as fiscal agent for the grant and designate the Fiber Optic Network Commission as the Agency to work on various projects, using grant funds. Motion was made by Fenwick, seconded by Martinson, and carried to authorize Cook County to serve as the fiscal agent for the grant and to designate the Fiber Optic Network Commission to work on certain broadband projects, while the County waits to see if additional grants are awarded to other entities to facilitate broadband construction in Cook County. Bill Parish, Highway Dept. Engineering/Office Supervisor, appeared before the Board with several issues. Parish reported that the Highway Department needed to purchase certain right-of-way from the Grand Marais/Cook County Airport Commission in order to complete the CR 8 reconstruction project. The right-of-way purchase is expected to cost approximately $200,000 - $300,000. Commissioner Fenwick noted that the money spent by the Highway Department for the right-of-way would go to the Airport Commission to be used for future runway expansion. Commissioner Fenwick moved the adoption of the following resolution and upon seconding by Commissioner Martinson was adopted by unanimous yea vote of all members present: RESOLUTION # 2010-24 WHEREAS, the Cook County Highway Department proposes to reconstruct and improve the existing roadway section of County State Aid Highway No. 8, known as State Project No. 16-608-10, within a 100-foot-wide permanent highway easement and multiple temporary construction easements leading to and across property in Section 30, Township 62 North, Range 1 East of the 4th Principal Meridian, designated on the Grand Marais/Cook County Airport Layout Plan as dedicated airport property. WHEREAS, Cook County is the owner of the property that the Grand Marais/Cook County Airport is located on, and over the years, in response to requirements of Federal Aid Funding for the airport, Cook County was obligated by land covenants to maintain the property as dedicated for airport purposes. WHEREAS, Cook County's dedication of a 100-foot-wide permanent easement for County State Aid Highway No. 8 for highway purposes across airport property would constitute a change in use, which requires Federal Aviation Administration (FAA) concurrence and payment of appraised fair market value for property encumbered by the change in use. WHEREAS, the application for the FAA's concurrence to the change in use will originate from the Cook County/Grand Marias Airport Board, with cooperation from the Cook County Highway Department. NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners hereby authorizes the Grand Marais/Cook County Airport Board, with assistance from the Cook County Highway Department, to make a formal request and application to the FAA to release land from the obligations to maintain property dedicated for airport purposes, incurred under previous grant agreements, so that the County Board can dedicate a permanent 100-foot-wide easement and multiple temporary construction easements for County State Aid Highway No. 8 across the dedicated airport property. Parish requested authorization to make final payment to James Raml for SP 16-060-01 (the Gunflint Trail Scenic Byway Vegetative Management Plan). The Gunflint Trail Association will be making a presentation to the County Board regarding this plan at some point in the future. Motion was made by Hall, seconded by Fenwick, and carried to approve final payment to James Raml in the amount of $740.00 as requested. Russell Klegstad, Highway Maintenance Supervisor, appeared before the Board. Klegstad requested approval to advertise for the purchase of 60,000 gallons of calcium chloride for the 2010 dust control and erosion prevention project. Motion was made by Martinson, seconded by Hall, and carried to approve advertising for CP 10-01, the purchase of 60,000 gallons of liquid calcium chloride solution, as requested. Klegstad requested approval to advertise a gravel crushing contract for 26,000 cubic yards of gravel, located in three different gravel pits. Motion was made by Fenwick, seconded by Hall, and carried to authorize advertising for CP 10-02, Class 1 aggregate stock pile, as requested. Klegstad provided an update of the Phase II Joint Multi-Use Facility Concept and Planning Agreement and reported that ISD # 166 has decided to withdraw from the planning process. Because of this, Cook County's share of costs to hire DSWG to complete the Phase II study will increase by $127.80. The study is estimated to be completed by November 1, 2010, and would give the County, the City of Grand Marais, MN DOT, the DNR, and the Arrowhead Economic Opportunity Agency enough information to decide whether to proceed in constructing a joint maintenance facility. Following discussion, motion was made by Fenwick, seconded by Martinson, and carried to authorize spending an additional $127.80 and to approve the Joint Facility Concept and Planning Agreement Phase II for the Multi Facility Project as presented. Future decisions regarding this project will be made once the study has been reviewed. Mark Falk, County Sheriff, appeared before the Board with several issues. Falk presented the annual County Boat and Water Safety Grant Agreement between Cook County and the State of Minnesota DNR, in a total amount of $13,338.00. Motion was made by Hall, seconded by Martinson, and carried to approve the State of Minnesota Annual County Boat and Water Safety Grant Agreement (contract # B41003), extending from January 1, 2010 through June 30, 2011, and to have the County Board Chair and Auditor sign said grant agreement. Falk presented a resolution to support a Federal Border Interoperability Demonstration Grant application being submitted by the Northeast Regional Radio Board. Commissioner Fenwick moved the adoption of the following resolution and upon seconding by Commissioner Hall was adopted by unanimous yea vote of all members present:
RESOLUTION SUPPORTING THE FEDERAL BORDER INTEROPERABILITY DEMONSTRATION GRANT APPLICATION SUBMITTED BY THE NORTH EAST REGIONAL RADIO BOARD FOR IMPROVING RADIO INTEROPERABILITY WITHIN OUR BORDER COUNTIES AND ON OUR INTERNATIONAL BORDERS WITH CANADA
WHEREAS, the Federal Government has made available a demonstration grant called the Border Interoperability Demonstration Grant Program (BIDP): and WHEREAS, the BIDP grant will allow us to develop a means of communication interoperability between Minnesota and Canadian public safety agencies along our International Border, at our International Ports, and within our border Counties: and WHEREAS, the Regional Radio Board has worked with the State of Minnesota Department of Public Safety, the Counties within its Regions and the jurisdictions within the Counties to complete a comprehensive application for this grant. NOW, THEREFORE, BE IT RESOLVED that the Cook County Board of Commissioners hereby supports this Grant application as needed and necessary for the Citizens of our Region and the Public Safety Agencies serving those citizens. and be it further: RESOLVED, that the Cook County Board of Commissioners is committed, upon approval of this grant, to assist the Regional Radio Board with the management and implementation of this grant. 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 # 2010-26 BE IT RESOLVED, that the following claims totaling $ 452,427.91 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 presented a Minnesota Lawful Gambling GL-220 application for exempt permit from the Gunflint Lake Property Owners Association to conduct a raffle on July 21, 2010. 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: MINNESOTA LAWFUL GAMBLING LG220 BE IT RESOLVED, that the Cook County Board of Commissioners hereby approves a lawful gambling permit application for Gunflint Lake Property Owners Association to conduct a raffle at Gunflint Lodge, 143 S. Gunflint Lake Rd, Grand Marais, MN on July 21, 2010. Powers requested authorization to transfer $197,154.00 from the County Program Aid account to the Federal in Lieu account, to balance out State Aid budget cuts. Following discussion, motion was made by Fenwick, seconded by Martinson, and carried to approve the budget transfer as requested, directing Powers to make a note that the budget transfer was a result of State Aid budget reductions. Powers and the Board discussed the Highway Capital Equipment Fund, and various options that could be used to finance equipment purchases without the need to bond. The information also depicted what would be available for the Building Fund under the proposed scenario. No action was taken. The County Commissioners reviewed reports provided by the Cook County Sheriff, Cook County Highway Department, and Minnesota Department of Natural Resources regarding Class 1 ATV use on County roads in 2009, following adoption of the Cook County ATV Ordinance. Present for this discussion were County Sheriff Mark Falk, Highway Department Representatives Bill Parish and Russell Klegstad, DNR Representatives Tom Peterson and Mary Manning, Gunflint District Ranger Dennis Neitzke, County Attorney Tim Scannell, and fourteen citizens. Sheriff Falk reported that there were no alarming or unusual ATV activities in 2009 as compared to past years. This opinion was shared by Scannell, Manning, and Johnson. Scannell reported there were no complaints or problems from other citizens or road users. Klegstad reported that the only minor problem experienced by the Highway Department was that the ATVs occasionally created ruts at the access points on the in-slope of approaches, as they are sometimes steep. This problem could be alleviated if future projects were planned with this issue in mind. County Board Chair Sobanja commended the Cook County ATV Club and ATV riders in general for the hard work they put into the new ATV Ordinance and the responsible ways in which they ride their machines. Rhonda Silence, Cook County ATV Club Secretary, appeared before the Board. The ATV Club inquired whether the County Board would be making the Ordinance permanent, would consider expanding ATV use to the inner ditch-side of paved roads, and would possible clarify the use of ATVs on State Aid roads within the City Limits of Grand Marais, so that City and County Ordinances are consistent. Auditor-Treasurer Powers reported that the County Board would have to hold a public hearing if it wanted to amend the ordinance. The notice of intent would have to be published not less than 10 days prior to the hearing, and would have to include the general language and purpose of the ordinance revision. Following discussion, motion was made by Fenwick, seconded by Hall, and carried to hold a Public Hearing on May 25, 2010 at 9:00 a.m. in the Commissioner's Room of the Cook County Courthouse to consider amending Cook County Ordinance No. 54 regarding Class 1 ATV use on County roads, regarding use of shoulders on paved County roads, use of County-controlled roads within the Grand Marais City limits, and to consider making the Cook County Ordinance a permanent Ordinance. Braidy Powers, Auditor-Treasurer, appeared before the Board with an abatement application for Provall LLC (property I.D. # 49-630-4250). Powers requested that the County Board approve an administrative abatement of tax, as the title for the property remains with the County pending completion of litigation regarding the property sale to Provall LLC by Cook County. Motion was made by Fenwick, seconded by Hall, and carried to approve the abatement application as presented. County Commissioners reviewed a tower lease option between Cook County and T-Mobile Central LLC, to allow T-Mobile to lease space on the Grand Marais Two Tower for a period of 25 years. The initial lease fee would be $1,100.00 per month, with an escalator clause. Commissioners Fenwick and Hall reported that this issue was discussed at the last Communications Committee meeting. The Agreement was approved by the County Attorney. Fenwick noted that the tower is at 55% capacity, so other providers would also have the option to lease space, if desired. Motion was made by Fenwick, seconded by Martinson, and carried to approve the tower lease agreement with T-Mobile as presented. Commissioner Hall noted that she attended the "undoing racism" seminar in Grand Portage on April 7-9, 2010 and would be attending a Grand Portage Task Force meeting on April 15, 2010. Janet Simonen, Personnel Director, appeared before the Board. Simonen reported that Veterans Service Officer Richard McKenzie is requesting an unpaid 1-3 month medical leave of absence from his position. Motion was made by Martinson, seconded by Fenwick, and carried to grant the leave of absence as requested. Simonen reported she has been working with the State of Minnesota Department of Veterans Affairs to determine how to service Cook County Veterans during this time when McKenzie is gone. Tribal Veterans Service Officer Clarence Everson is willing to assist, and the State is willing to have him commit up to 16 hours per week to the County. Simonen outlined the steps that could be taken to direct phone calls, mail, emails, and walk-in traffic to Everson. Motion was made by Hall, seconded by Martinson, and carried to have Tribal Veteran Service Officer Clarence Everson act on behalf of Cook County to service veterans in the absence of County Veteran Service Officer McKenzie as outlined. Janet Simonen appeared before the Board on behalf of the Cook County Safety Committee to present a capital purchase request for 2 additional AED (defibrillation) devices. These devices would be placed at the Highway Department and at the Recycling Center. Cost would be $875.00 plus tax and shipping per unit. Money for the purchase was included in the 2010 Safety Committee Budget. Motion was made by Hall, seconded by Martinson, and carried to approve the capital purchase of 2 additional AED devices as presented. Correspondence-Memos: B. Center for Rural Policy and Development newsletter, Winter 2010. Information. C. Univ. of MN Center for Transportation Studies Report, March 2010. Information. D. MN Transportation Alliance News Review, 3/22/10 through 4/5/10. Information. E. MN Rural Counties Caucus Update, 3/30/10. Information. F. Materials for Laurentian Resource Conservation & Development Council meeting on 3/22/10. Information. G. Letter from Arrowhead Regional Development Commission, 3/26/10, re: video workshop. Information. H. Materials for North Shore Trade & Tech Project meeting on 3/18/10. Information. I. "For the Record" Sixth Judicial District newsletter, Feb/March 2010. Information. J. Materials for Cook County Historical Society Board meeting on 4/12/10. Information. K. Cook County and Ely Area Lodging Tax Reports through Feb. 2010. Information.
M. Cook County Board of Commissioner meeting minutes for March 16 and 23, 2010. Motion was made by Hall, seconded by Fenwick, and carried to approve the County Board minutes as presented.
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