Regular County Board Meeting 07/22/08

REGULAR MEETING OF THE KOOCHICHING COUNTY
BOARD OF COMMISSIONERS
Held on Tuesday, July 22, 2008; 1:00 p.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Terry Glowack, Doug Grindall, Richard Lehtinen, Steve Blair, Terry Murray, Susan Congrave, Robyn Ramquist along with several other members of the Humane Society, Phil Miller, Ryan Heinen, Marty Cody, Scott Neff, Tom Jacobson, Dehlia Seim, Ronald and Delphine Nelson, Lyndon Larson, Kenneth and June Henrickson, Milo and Kay Larson; Reporter Lisa Kaczke

2008/07-16 Motion by Hanson, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/07-17 Motion by Hanson, seconded by Briggs to approve the minutes from the County Board meeting of July 8, 2008. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board received notice of the temporary hire of Jason Kluever as weekend and fill in Jail Cook in the Sheriff’s Department, replacing former temporary hire Rita Eisterhold who resigned.

2008/07-18 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $34,215.45, to approve payment of the Highway claims in the amount of $16,563.26, to approve payment of the Health claims in the amount of $14,350.31, to authorize the Board Chair’s signature to the Auditor’s June vendor payment listing verifying its review, to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/07-19 Motion by Lepper, seconded by Briggs to authorize a budget adjustment transferring $4,700 from the 2008 Budget Contingency to the 2008 Building Project Budget to cover expenses as submitted by the Complex Superintendent to complete the work on the Courthouse Historical Painting Project. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/07-20 Motion by Briggs, seconded Adee to accept the preliminary site plan presented by the Management Committee for establishment of the County Veterans Memorial on the east lot adjacent to the courthouse. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/07-21 Motion by Lepper, seconded by Briggs to approve an increase in the Veteran Memorial Project Budget from $50,000 to $75,000 as requested by the Management Committee, taking $25,000 from the 2008 Budget Contingency, to complete the County Veterans Memorial on the east lot adjacent to the courthouse. Voting yes: Pavleck, Adee, Lepper, Briggs; voting no: Hanson. Motion carried.

000 It was the consensus of the County Board, that weather permitting the County Veteran Memorial be given priority for establishment this fall with the Complex Superintendent and Highway Engineer to oversee the project with assistance of the Veteran Services Officer.

2008/07-22 Motion by Lepper, seconded by Adee accepting the recommendation of the Planning Commission to approve CUP0804 for a 9 acre gravel pit/mining operation for KGM Contractor’s Inc. on property owned by Gary Wheelock, PID #78-019-31000 and #78-019-00300, located on County Road 104 in northwestern Koochiching County. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/07-23 Motion by Briggs, seconded by Hanson approving the public informational meeting schedule to review with the public the draft Koochiching County Development Ordinance with the meetings to be conducted by Environmental staff and the Consultant for the purpose of collecting further public comment on the draft: August 19 at 5:30 p.m. in the Northome Senior Center, August 20 at 5:30 p.m. in the Birchdale Community Center, August 25 at 5:30 p.m. in the Littlefork Community Center and August 26 at 5:30 p.m. in the Courthouse Boardroom. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Environmental Service Director provided the Board a draft Subsurface Sewage Treatment Ordinance that has been prepared and reviewed through the Planning Commission and submitted to the public through scheduled public hearings conducted by the Planning Commission. The draft submitted to the Board at this time contains hand written changes which are recommended and that MPCA has set a September 1, 2008 deadline for the County’s adoption of this ordinance, which is subject to the release of the County’s BWSR Block Grant for wetland and water management purposes.

2008/07-24 Motion by Hanson, seconded by Briggs to set a public hearing for the purpose of adopting the Koochiching County Subsurface Sewage Treatment Ordinance for Tuesday, August 12, 2008 at 11:00 a.m. in the Courthouse Boardroom and that the final draft as recommended by the Planning Commission be prepared and available for public viewing prior to and at the public hearing. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/07-25 Motion by Lepper, seconded by Hanson to approve the employment separation of Public Health Nurse Donita Ettestad effective August 2, 2008. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/07-26 Motion by Lepper, seconded by Adee accepting the recommendation of the Community Service Director to renew the Rainy River Waivered Services Guardianship Contract upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/07-27 Motion by Lepper, seconded by Briggs to close the home of Pamela Rognerud for family day care at the provider’s request. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 Members of the County Humane Society met with the County Board to provide an update on their activities for the last three years in care of abandoned animals and the spay and neuter program which based on the limited resources of the Society, shows the dedication and hard work of the membership. However, the numbers show that so much more needs to be done to give these animals a second chance. At the present time there are only 3 foster homes to take in abandoned animals, which make it impossible to take care of the animal welfare needs out there. An animal shelter is needed desperately as there is no place to bring an abandoned animal and the Society challenges all to help them with this goal. Board members stated their continued support to assist the Society in finding a location for a County shelter.

000 The Board Chair called for public comment at 2:55 p.m. No comment was presented.

000 The Board Chair opened a hearing for the purpose of examining the Cartway Petition of Thomas Jacobson across land owned by Ronald and Delphine Nelson, Kenneth and June Henrickson and Milo and Kay Larson and determine whether it will grant or refuse the Petition. The Highway Engineer,
Soil and Water Technician and Assessor reviewed components of the County Viewer’s Report which concluded that of the three existing route options, including the route proposed in the petition, the East-West Route would be the least expensive and would have the least impact upon the environment and
affected landowners. Cost associated in the Viewer’s Report are estimated as until the final route is determined and a survey conducted, construction cost, damages to affected property owners and wetland mitigation can not be finalized. The County Attorney, with regards to whether the road is private or public, stated that initially, the cartway would be open to the public, though the Board is not obligated to publicly finance the construction or maintenance. Upon establishment, and construction, of the cartway, the affected landowners could agree to have the access designated as a ‘private drive’.
In 1981 the cartway law was changed mandating, at a minimum, a 33 foot wide right of way for those who meet the requirements for a cartway. If the Board determines that Mr. Jacobson otherwise meets the statutory requirements for a cartway, the statute requires that the Board approve the petition for a cartway, regardless of the existing easement. In response to a question from the County Attorney, the County Coordinator stated that she has the documentation that proper service to the servient landowners was done by the Petitioner within the required timeline. The Petitioner and his attorney presented their case to the Board and provided exhibits and a draft resolution for the Board to consider in approving the cartway. The Petitioner’s attorney stated that Mr. Jacobson has a limited 12 foot easement which makes him eligible for a 33 foot cartway and he meets the other conditions. A cartway is essentially an eminent domain proceeding and since the County can not take private land for private purpose, the cartway would be public. However, the Petitioner is not requesting public funds for construction or maintenance of the cartway. The Petitioner generally concurs with the Viewer’s
proposed East-West Route, however, he has a different position on the appraisal value from the Assessor’s Report. In testimony by Mr. Jacobson, he has been trying to get access to his land for 4 years to log his property, which he again attempted through court action, but failed. Mr. Jacobson wants to log his property and one day establish a retirement home on it. The Petitioner is comfortable with the East-West Route proposed but wants it re-routed where possible to minimize impact on wetlands and he wants to retain the existing easement from the county road to where it would meet the East-West Route, which the County Engineer agreed as access from the county road should be at a 90 degree angle. The Petitioner understands that a cartway is public but can designated as private for maintenance purposes and he would agree to pay for the maintenance cost. The Petitioner believes the road adds value to the other property. The Attorney for Respondent Nelson’s submitted an exhibit stating their position in opposing the cartway, the intent to appeal and conditions for consideration if the County Board approves the cartway. Respondent’s attorney disagreed with the legal position presented by Petitioner’s attorney in that the County Board does have a purpose in the
cartway proceeding, it is not just a blind mandate to approve a cartway. The Nelson’s believe this is a unique case because access to Mr. Jacobson’s property already exists and has been litigated twice. The Nelson’s do not believe the cartway adds value to their property as they want their land conserved, not developed. The Nelson’s also want the road private, not public and want the existing easement released if the cartway goes in. Respondent raised the issue of whether the DNR has to be notified since the property involved is bordered by a river. Nelson’s do not want to expend any dollars on maintenance of the cartway as they do not intend to use the road and would like the access gated. When Mr. Jacobson last brought the easement issue to court, the 1981 law change had been made and the Judge did not grant the cartway but retained the limited easement. The Nelson’s did not comment. Milo Larson, Respondent to the Cartway Petition, stated that they have always given access to Mr. Jacobson and that a 33 foot wide cartway would devalue their property using the existing easement route as they only have 3 plus acres. If the East-West route is used, it would not affect their property but they want the existing easement released. Ken Henrickson, Respondent to the Cartway Petition, questioned where the route is going as he needs to see the actual route before knowing how it would affect his property. Petitioner’s attorney stated that the prescriptive easement is a court matter, not a matter of the County Board and that the Petitioner wants to retain both roads. The County Attorney stated that it is his legal opinion the cartway access from the county road to the proposed East-West route can not be established on the existing, court ordered easement, as the County Board does not have the legal authority to change it. The cartway access, from the county road, could abut the existing access point and easement route. Commissioner Lepper stated that if a court order is needed to change the current easement, he can not support putting another road on the property as one road is enough. Petitioner’s attorney replied that the easement is not exclusive so the cartway can be established over the existing easement route. He agrees it makes no sense to have two access points. Commissioner Lepper iterated his position that it doesn’t make sense to have two roads, nor two accesses. Commissioner Hanson stated that Mr. Jacobson bought the land knowing it was land locked, litigated twice for this access and failed. There is no way he can support the cartway request as he has legal access to his property. In response to a question from the Board, the County Attorney stated that there is an appeal process clearly laid out in the Cartway law. If the Board denies the request, it is required to state, in writing, the statutory reason(s) for the denial on the back of the petition.
Commissioner Adee stated that Mr. Jacobson should be allowed to get the wood off his property.
Petitioner’s attorney stated that the Cartway is mandatory if the Petitioner meets the requirements. The easement is a separate court matter and it would be up to the parties of the easement to change it.
Commissioner Lepper stated that if the cartway is mandatory, why is the County Board acting on it if fairness can not even be a consideration.

2008/07-28 Motion by Hanson, seconded by Lepper that upon examining the request and hearing all
parties interests on the matter, to deny the Petition of Thomas Jacobson for a cartway on property
owned by Ronald and Delphine Nelson, Kenneth and June Henrikson and Milo and Kay Larson based
on the fact that Petitioner has an existing easement, providing access to his property. Voting
yes: Pavleck, Hanson, Lepper; voting no: Adee, Briggs. Motion carried.

000 The Board agreed to defer the Road Vacation Petition from Maxine McEldowney to the August 12 Board meeting to allow the members time to review the petition and policy for vacating roads abutting public waters.

2008/07-29 Motion by Hanson, seconded by Adee authorizing the Highway Engineer to call for bids for the CSAH 2 (Old Highway 11) Shoulder Widening Project with the stipulation that advertisement is done in the local newspaper to inform property owners affected by the project that the final plans are available for viewing. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 Commissioner Pavleck informed the Board that the County’s share of ARC for 2009 is anticipated to go up a minimum of $80,000 based on overall budget increases and county usage. The County Coordinator will provide the written information to the Board.

000 The Board Chair adjourned the meeting at 5:10 p.m.

__________________________________ __________________________________
Wade Pavleck, Board Chair Teresa Jaksa, County Coordinator

The Daily Journal
August 21, 2008