By a 3-2 vote, the Cook County board voted to support a letter opposing the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers proposed Waters of the United States (WOTUS) rule, which would remove “navigable” from the language of the Clean Water Act and could significantly expand federal command of all waters in the country.
Commissioner Garry Gamble introduced a letter to the board at the Tuesday, September 9, 2014 meeting sent by Dan Larsen, chief administrator of Minnesota Rural Counties Caucus (MRCC). Larsen was forwarding a draft by the Minnesota Farm Bureau that was against the WOTUS rule.
Because the rule could be brought before the legislature at any time, Gamble urged the board to take some kind of action—either by endorsing the letter at hand or forming a county resolution in support of H.R. 5078, Waters of the United States Regulatory Overreach Protection Act of 2014, a bill aimed at preventing the EPA and Army Corps from “developing, finalizing, adopting, implementing, applying, administrating, or enforcing the proposed WOTUS rule.”
“This legislation is imperative in protecting your constituents— land owners, farmers, as well as all Minnesotans—in their ability to perform normal land use activities without requiring permission and permits from an over-zealous federal agents,” said Gamble, who noted that the state already has strong laws governing our water.
“The only thing certain is that the proposed rule will increase regulatory roadblocks and make it more difficult or impossible to farm, build homes, or make other changes on the land in many areas,” Gamble said.
Both Commissioners Heidi Doo-Kirk and Sue Hakes said they didn’t know enough about the proposed rule to make an informed vote. Hakes asked if they could delay making a decision until the next board meeting so she could get up to speed on the subject matter. But County Board Chair Jan Hall said the board needed to act fast, “If we don’t act on this, it’s just going to slide under the table,” Hall said.
Gamble made a motion to support the letter and have it attached to the Minnesota Farm Bureau letter, which will go to the Minnesota legislature. Hall, Martinson, and Gamble voted for the resolution with Doo-Kirk and Hakes voting against the resolution.
Final payment made on County Road 7 construction
The board approved final payment of $130,986.70 to Northland Constructors LLC for completion of work on County Road 7. County Highway Engineer David Betts said Northland’s bid was $2,876,217.14, but final construction costs came in 9 percent less, at $2,619,733.92.
Commissioner Heidi Doo-Kirk noted there were some bumps that needed to be fixed on County Road 7 where Northland had worked. Betts said those bumps happened after the work had been inspected and passed and couldn’t be faulted back to the contractor. He said his crew would fill them in next summer.
Betts also presented a request to hire Kelly Schliep to fill the Maintenance 2 position in the Tofte area. Four applicants were interviewed, said Betts, with Schliep being the department’s choice. The commissioners voted unanimously to hire Schliep, who will start in two weeks.
Betts also requested re-opening advertising for the Maintenance 2 position in Grand Marais, which the board okayed.
The board also approved Betts’ request to have the county perform winter maintenance on Rollins Creek Road for a lump sum of $3,000 that would be paid by Minnesota Department of Transportation (MnDOT). Services include plowing, winging, sanding, salting and snow removal on the roadway and shoulders. Betts said this was the third year that MnDOT made this arrangement with the county, and he said that it cost the county about $2,800 last year to do the work.
Assessor staff position reassessed
Cook County Assessor Betty Schultz requested board approval to advertise for an appraiser to fill a recent vacancy. Due to the job’s strenuous requirements, updated licenses, on-going education and the sometimes difficult situations that occur in this job, Schultz asked the board to reclassify the job to reflect a B 32-2 pay grade, a raise of $2.50 per hour over the wage of the person who recently left the office.
A level 2 working condition signifies that the job involves “moderate and/or periodic” unavoidable hazards and risks along with a “moderately disagreeable” climate/environment.”
The board passed a motion unanimously in support of Schultz’s request, but Commissioner Hakes said she was sorry it took someone leaving the office before a pay raise was going to be offered to attract a new employee.
County Administrator Jay Kieft said that when anyone leaves a job it triggers a review of that position before it is posted again. Schultz said she had tried to get this job re-classified two months ago, but couldn’t get on the agenda.
Clearwater Landing
Schultz brought forth a request to use millings from the Gunflint Trail Road project to smooth out the public access at the Clearwater Landing. The millings, which are ground up blacktop and then packed down, would help reduce erosion due to water runoff, and allow for better parking for the public using the boat launch and canoeists accessing the Boundary Waters Canoe Area.
“This is not a permanent fix,” said Cook County Highway Maintenance Supervisor Russell Klegstad, who appeared with Schultz. ”We’re thinking this is a 4-5 year fix, but it should make a big impact on the erosion problem there.”
Klegstad said the county also planned to do the same thing at the old Pike Lake Landing. The board approved the request to use the millings and perform the work at Clearwater, which, it was noted, is a county road.
In other business
. Bill Lane, Planning & Zoning Administrator, asked the board to approve an amendment to a conditional use permit for Steve and Judy Hill of Lutsen. Lane said the Hills had inadvertently built a garage in the wrong spot on their property adjacent to the Superior National at Lutsen golf course. The Hills paid to have their land resurveyed and their lot—which remains the same square footage—was reconfigured to give them the required 50 percent open space threshold required by the property association.
Lane said the Hills were very easy to work with and the mistake they made could happen to anyone. The board approved the request unanimously.
. Also approved by the board was the purchase of a fiber multiplexor for the new Law Enforcement Center tower in the amount of $1177.46. The ARMER equipment and antennas, which are currently housed in the LEC building, are moving to a new tower and equipment shelter next to the LEC. The multiplexor will be used to extend the fiber to the new location.
. Francis X. Hughes will replace Michael Lien as the attorney representing Cook, Lake, Carlton, and St. Louis counties in civil commitment proceedings for the remainder of this year. Lien was to receive payment of up to $32,000 for the year; Hughes will receive payment up to $14,000 for the remainder of the year. The county pays a portion of this fee, which is determined on population and average number of cases heard over a three-year period.
. Acting County Attorney Molly Hicken asked the board to approve the hiring of attorney Steve Overom to represent the county on the Superior National at Lutsen golf course renovation project.
Hicken, who wasn’t dealing with this matter when she was assistant county attorney, said it would take a lot of time for her to catch up with the proceedings and added, “I don’t have the experience in these matters.”
Currently Bob Toftey represents the county, but because he also represents the Lutsen Tofte Tourism Association (LTTA) and the Cook County/Grand Marais Economic Development Authority (EDA), there is a conflict of interest, said Hicken.
Hicken said Toftey recommended Overom to her, and she listed his qualifications to the board, “I think he’s the right person to do the job,” she said.
Commissioner Gamble said he would like to see how much it would cost the county to hire Overom, but Hicken said Overom’s hourly rate was less than Toftey’s hourly rate, and she would help him by sending him the documents he needed. The board agreed to hire Overom as Toftey’s replacement by 4-1 vote.
. The board reviewed a “No Net Gain of Public Land” resolution but decided to table it until Hicken could read it and give them her legal opinion before they voted on it. The measure is intended to keep the federal and state agencies from acquiring private land in Cook County through purchase or through the environmental land trust, without first approval of the county board. The resolution, if passed, is designed to keep the county’s slim 9 percent of private land at that level, or higher, so the tax base isn’t further eroded.
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