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COUNTY BOARD

August, 2009

Special County Board Meeting

August 10, 2009

The Lake of the Woods County Board of Commissioners met in special session on Monday August 10, 2009, in the Jury room of the Lake of the Woods County Government Center, with the following members present:  Commissioners Todd Beckel, Patty Beckel, Hanson, Moorman and Arnesen.  Also present was Human Resources Director, Wade Johannesen.  Chair Patty Beckel called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance. 

Public Works Director, Bruce Hasbargen met with the board for his Job Evaluation.

Chair Patty Beckel asked Bruce if he wanted his evaluation open or closed pursuant to Minn. Stat. § 13D.05, Subd. 2(b). Bruce chose his to be open.

Social Services Director, Nancy Wendler met with the board for her Job Evaluation.

Chair Patty Beckel asked Nancy if she wanted her evaluation open or closed pursuant to Minn. Stat. § 13D.05, Subd. 2(b). Nancy chose hers to be open.

Emergency Management Director, Holly House met with the board for her Job Evaluation.  Chair Patty Beckel asked Holly if she wanted her evaluation open or closed pursuant to Minn. Stat. § 13D.05, Subd. 2(b). Holly chose hers to be closed.

MIG/GIS Director, Brent Birkeland met with the board for his Job Evaluation. Chairman Patty Beckel asked Brent if he wanted his evaluation open or closed pursuant to Minn. Stat. § 13D.05, Subd. 2(b).Brent chose his to be open.

County Assessor, Wayne Bendickson met with the board for his Job Evaluation.  Chair Patty Beckel asked Wayne if he wanted his evaluation open or closed pursuant to Minn. Stat. § 13D.05, Subd. 2 (b). Wayne chose his to be open.

Veteran’s Service Officer, Rick Rone met with the board for his Job Evaluation.

Chair Patty Beckel asked Rick if he wanted his evaluation open or closed pursuant to Minn. Stat. § 13D.05, Subd. 2(b). Rick chose his to be open.

Chair Patty Beckel reported that all of the Department Heads that were evaluated today received favorable ratings.

With no further business before the board, Chair Patty Beckel recessed the meeting at 4:00 p.m.

Attest:                                                             Approved:  August 25, 2009

______________________________            ___________________________________

Wade Johannesen                                         Patty Beckel

Human Resource Director                           Chair of the County Board

Commissioner Proceedings

August 11, 2009

The Lake of the Woods County Board met in regular session on Tuesday, August 11, 2009, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were: County Auditor John W Hoscheid, Deputy Auditor Janet Rudd, Ted Stone, John Oren and Wade Johannesen.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with additions. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda, for travel: Shelley Phillippe to Brainerd on September 30-October 2 for MWFWCAA Conference-Training. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.  

Approval of Minutes

Motion was made by Commissioner Arnesen to approve the minutes of July 28th regular board meeting with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

County Auditor

Request of Funds

County Auditor, John W. Hoscheid presented a letter of request for funds from Rural Life Outreach of NW Minnesota.  No action was taken.

General Service Agreement

County Auditor, John W. Hoscheid met with the board requesting approval of a service agreement with Ron Michaels Consulting, Inc. for implementation of the Manatron/MCCC property tax application.

Motion was made by Commissioner Todd Beckel to enter into agreement with Ron Michaels Consulting, Inc. from the implementation of the Manatron/MCCC property tax application upon the approval of the County Attorney and authorizes County Board Chair and County Auditor to sign.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Public Works Department

Highway Restructure

Public Works Director, Bruce Hasbargen and Human Resource Director Wade Johannesen met with the County Board and discussed the Early Retirement Incentive Program.  Bruce and Wade recommended approving the proposal as follows:

Early Retirement Incentive Program (ERIP) – Public Works Department

  1. General:  The Director of Public Works, Lake of the Woods Countyhas proposed a realignment of the department which could result in substantial savings to the County. 
  2. Purpose:  The purpose of the realignment is to streamline the department and capitalize on new technologies thereby improving efficiency by reducing non-productive time due to seasonal restrictions and thereby providing significant cost savings to the County.
  3. Applicability: 
    1. This proposal applies to the Public Works Department and will affect both union and non-union personnel.  This proposal is voluntary and provides for an early retirement incentive.  It is not an involuntary Reduction in Force (RIF).  All applicable contractual union agreements will be strictly adhered to.
    2. This offer will be extended to  employees by seniority and to those who are currently eligible for a full or reduced pension through PERA.  This is a one-time offer and is only available to qualified employees for a limited period of time based on job criticality, recruitment time and the needs of the department which are to be determined. 
  4. Scope:  This program will endeavor to change out one FT Assistant Engineer, one FT Inspector II and one FT Heavy Equipment Operator positions with a modified FT Assistant Engineer, FT Inspector I/Office Assistant and a part time summer Equipment Operator respectively.  It will result in the loss of one seasonal engineering technician.
    1. Assistant Engineer: 

Rationale:  Position duties will change.  The Assistant Engineer will be the lead for all inspection and surveying duties.  Surveying will be done by purchasing the latest GPS capable equipment which will also allow for one less survey position.  Savings in survey time will be realized.

Discussion:  The Assistant Engineer will be experienced with the latest GPS technology equipment, have excellent computer knowledge and skills for CAD, and will be experienced in dealing with contractors.  The County may need to allow for a starting salary above the starting step for the grade assigned to the position.  GPS survey equipment and software will need to be purchased. 

Estimated Costs/Savings:

Salary and Benefits:

            Current Assistant Engineer.                                                                $76,000

            One Seasonal Survey Position                                                                8,000

            Total                                                                                                      84,000

            Less Replacement Asst. Eng.                                                                64,000

            Annual Savings:                                                                                  $20,000

One Time Costs:

            Incentive (50% of base salary/hourly rate)                                         $28,899

            Total:                                                                                                   $28,899

Recapture in 17.5 months

b.  Inspector II:

Rationale:  Position duties will change.  Assistant Engineer will be the lead for all inspections and surveying.  Inspector I/Office Assistant will assist in inspections when needed.  Inspector I will also handle GIS duties.  A portion of the workload will remain as Office Assistant.  Maintenance staff with certifications will also assist with inspections as needed.  Electronic timecard software will reduce office time.

Discussion:  The Assistant Engineer will need to handle the inspection, surveying and design.  The Inspector I/Office Assistant will need to have excellent computer knowledge and skills to assist in design and handle GIS.

Estimated Costs/Savings:

Salary and Benefits:

            Current Inspector II                                                                            $62,000

            PT Office Assistant                                                                              21,000          

            Total                                                                                                      83,000

            Less FT Inspector I/Office Assistant (JG-8)                                        43,000

            Annual Savings:                                                                                  $40,000

One Time Costs (Inspector II continued):                                         

            Incentive (50% of base salary)                                                            $22,874

            Total                                                                                                    $22,874

Recapture in 6.86 months

c.  Heavy Equipment Operator:

Rationale:  This position will be replaced in the summer with a seasonal employee.  Existing staff will cover snowplowing and other winter duties.

Discussion:  In the past, this department has had difficulty hiring quality applicants for the seasonal positions.  The part time scale may need to be examined.  Currently the rate is $12/hr.  An increase to $15/hr would cost approximately $3,000.

Estimated Costs/Savings:

Salary and Benefits:

            Current Heavy Equipment Operator:                                                  $56,000

            Total:                                                                                                   $56,000

            Less PT Seasonal Operator                                                                 $15,000

            Annual Savings:                                                                                  $41,000

One Time Costs:                                                                                            

            Incentive (50% of base salary)                                                            $20,358

            Total                                                                                                    $20,358

Recapture in 5.96 months

____________________________________________________________________

Total Annual Savings:                                                                                $101,000

Total One Time Costs:                                                                                    72,131

Total Recapture Time (months):                                                                       8.57                                                     

5.  Additional Discussions:

  • Considerations:
    • Consideration of this offer and acceptance are strictly voluntary. To accept this offer, an employee must sign a release agreement acceptable to the County Attorney waiving rights to pursuing any legal claim against the County, its employees and officers, either elected or appointed, related to this offer. This incentive program is offered in addition to the normal benefits granted to a retiring employee as per current contract/policy/statute. This plan must be approved by the County Board and County Attorney .
  • Assumptions:

Base salary is hourly rate or imputed hourly rate for exempts.  Allowances for benefits not included and will not be a factor in incentive.

Does not include accumulated comprehensive time which will be paid separately

Motion was made by Commissioner Arnesen to implement the Early Retirement Incentive Program as presented by the Public Works Director.  Motion was seconded by Commissioner Hanson and the same being put to a vote carried as follows:  Voting for:  Commissioner Arnesen, Hanson, Patty Beckel. Voting against: Commissioner Todd Beckel. Abstained: Commissioner Moorman.

human resource Director, wade Johannesen

Personnel Policy Waiver

Human Resource Director, Wade Johannesen met with the board requesting assistance for Catastrophic Illness pay for Peggy Mosher for assistance with a family member.

Motion was made by Commissioner Todd Beckel to approve the Catastrophic Illness pay for Peggy Mosher, upon completion of her probation period to be eligible for the Catastrophic Illness pay.  Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

2010 Tier 3- Step Increases

Human Resource Director, Wade Johannesen discussed Tier 3 step value raises for eligible permanent part- time employees. The consensus of the board was to include them in the Tier 3 step increase at the step value.

Longevity

Human Resource Director, Wade Johannesen discussed eligibility requirement for longevity for permanent part- time employees. Personnel policy reads that longevity payment for part-time employees begin when the employee has reached the equivalent of five years in time worked. The consensus of the board was those that have reached the five years equivalent will receive the longevity payment.

County Auditor

Claims

County Auditor, John W Hoscheid met with the County Board and requested approval of claims. 

Motion was made by Commissioner Hanson to approve the following claims against the county as presented.

                                                Revenue                                   $   43,715.55

                                                Road & Bridge                         $   67,355.83

                                                Co. Development                     $     4,539.68

                                                Joint Ditch                                $     1,491.51                        

                                                Solid Waste                              $   21,964.53

                                                                                                  $ 139,067.10

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  8/11/2009 FOR PAYMENT  8/14/2009

       AMOUNT   VENDOR NAME                                                               AMOUNT   VENDOR NAME

          457.00 AMERI PRIDE LINEN & APPAREL SE                                     4028.00 ED ARNESEN

          318.91 AUTO VALUE BAUDETTE                                                         504.10 BEST WESTERN KELLY INN STCLOUD

        2190.00 BULLBERRY SYSTEMS, INC                                                    342.99 CANON FINANCIAL SERVICES INC

          322.95 CANTERBURY INN                                                                18392.38 CENEX CO-OP SERVICES, INC.

      13874.31 COLLABORATIVE DESIGN GROUP INC                                 696.61 CONNEY SAFETY PRODUCTS

          669.23 CUSTOM AUTOBODY AND REPAIR                                       785.22 FARMERS UNION OIL CO.

        1568.36 GARY’S AUTO                                                                           491.63 GCR TIRE CENTER

          375.04 GRAINGER, INC                                                                        876.38 HALL’S GUN SHOP

        1145.00 HELGESON FUNERAL CHAPEL                                            4882.00 HOFFMAN, DALE, & SWENSON, PLLC

        4013.66 HOWARD’S OIL COMPANY                                                    1118.20 INSIGHT PUBLIC SECTOR

          472.00 JOHNSTON FARGO CULVERT INC                                        314.67 LAB SAFETY SUPPLY, INC.

          345.83 LAKE ROAD DIESEL INC                                                      13895.00 LAVALLA SAND & GRAVEL INC

          690.68 LOW FOODS                                                                           5055.88 LOW HIGHWAY DEPT

          500.00 LOW SCHOOL DISTRICT–390                                            11525.40 MAR-KIT LANDFILL

          590.04 METRO FORMS, INC                                                                715.61 MINISTER OF FINANCE

          530.00 MN ASSN COUNTY OFFICES-MACO                                    5603.90 LAW MOREN

        1044.00 MSOP-MN SEX OFFENDER PRGRM-462                               745.50 NORTHERN FARMERS CO-OP

        2601.28 R & Q TRUCKING, INC                                                             500.00 RELIANCE TELEPHONE SYSTEMS, IN

        4000.00 RESERVE ACCOUNT                                                                913.94 ROSEAU COUNTY COOPERATIVE ASSN

        1000.00 ROSEAU COUNTY SHERIFF                                                   756.92 SILVER CREEK EMBROIDERY

        1750.00 SJOBERG’S INC                                                                        306.95 M SMITH PUBLISHERS LLC

        1965.37 TITAN MACHINERY                                                                 1062.44 TONY DORN, INC.

          610.68 UNIVERSITY OF MN                                                               3278.53 WALKER PIPE & SUPPLY

        6709.56 WIDSETH SMITH NOLTING&ASST INC                                6068.21 WOODY’S SERVICE

46 PAYMENTS LESS THAN  $300       8,462.74

FINAL TOTAL    $139,067.10

Further moved to authorize the payment of the following auditor warrants:

                                                   July 28, 2009                          $ 21,020.37

                                                   July 22, 2009                          $   1,404.17

                                                   July 31, 2009                          $ 34,426.76

                                                August 4, 2009                          $      826.50

                                                August 6, 2009                          $ 11,189.90                                    

The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Recess

The meeting was called to recess at 10:00 a.m. and reconvened at 10:05 a.m. as follows:

Northwest Community Action

Resolution

Gail Peterson and Diane Hayes representing Northwest Community Action met with the board requesting approval of a resolution to support the Homelessness Prevention and Rapid Re-Housing Program. Each State and local community is allocated a specific portion of that money, which Minnesota received 10.3 million. Northwest Community Action, non-profit agencies are required to obtain approval by the local unit of government in the service area, which includes Lake of the Woods County.

Resolution Authorizing Administration of Homelessness Prevention and Rapid Re-Housing Program

Resolution No. 09-08-01

The following resolution was offered by Commissioner Arnesen and moved for adoption:

WHEREAS, the need for homeless prevention and assistance exists in Lake of the Woods County; and

WHEREAS, the Minnesota Department of Human Services (DHS) Office of Economic Opportunity (OEO) has announced the availability of Homelessness Prevention and Rapid Re-Housing Program (HPRP) funding; and

WHEREAS, Northwest Community Action has applied for said funding; and

WHEREAS, Northwest Community Action desires to administer the Homelessness Prevention and Rapid Re-Housing Program (HPRP) in Lake of the Woods County in accordance with all applicable State and Federal regulations; and

WHEREAS, in order to administer the Homelessness Prevention and Rapid Re-Housing Program (HPRP), Northwest Community Action, Inc. must first obtain a resolution of approval executed by the Lake of the Woods County Board of Commissioners and file said resolution with the Minnesota Department of Human Services, Office of Equal Opportunity.

NOW THEREFORE BE IT RESOLVED, that Lake of the Woods County hereby supports Northwest Community Action’s application for funding under the Homelessness Prevention and Rapid Re-Housing Program and Northwest Community Action, Inc. is hereby authorized to administer the Homelessness Prevention and Rapid Re-Housing Program in Lake of the Wood County, according to the program guidelines, contingent upon funding being granted and authorizes Board Chair to sign.

The resolution was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

County Surveyor, Donn Rasmussen

Boundary Commission Plat Contract

County Surveyor, Donn Rasmussen met with the board and requested approval of the Boundary Commission plat contract.

Motion was made by Commissioner Hanson to enter into contract with Widseth, Smith and Nolting to prepare a Boundary Commission Plat in Gudrid Township, Lake of the Woods County: with an estimated cost according to the proposal of $10,000.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Emergency Management Director, Holly House

Hazard Mitigation Plan Update

Emergency Management Director, Holly House met with the board to update them on the five year renewal process of the Hazard Mitigation Plan. Holly informed the board that there is grant money available from FEMA for the renewal process of the plan.  The consensus of the board was to have Holly move forward with writing the grant.

Hazard Awareness Course

Holly informed the board that various county employees should have a renewal course in Hazard Materials.  She informed the board that she would be willing to write a grant for funding to purchase a power point class for this course so the individuals would be able to take the course according to their work schedule.

Public Works Department, Bruce Hasbargen

Public Works Director, Bruce Hasbargen met with the board and updated them on the Oak Harbor Estates road issue.  Bruce stated that he has been in contact with Vince Smith and that no new action was taken and that as of now there is no intention to construct the road.

County Ditches

Public Works Director, Bruce Hasbargen met with the board to discuss the unauthorized work that was done by Pieper Farms on a county ditch.  Bruce will send Pieper Farms a letter informing them of their cost, which they will pay to the private contractor, and other work that they will need to complete.

Public Hearing

Wetland Appeal- Tom Maiers

Motion was made by Commissioner Todd Beckel to close the regular meeting and open the public hearing as advertised at 11:00 a.m.  Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Chair Patty Beckel opened the floor to Josh Stromlund, Land and Water Planning Director.  Josh went through the findings of fact report and Exhibits 0-20, which are on file and of record from this meeting, from the Technical Evaluation Panel (TEP).  The recommendation from the TEP, based upon the findings of this report, was to deny the wetland banking application submitted Mr. Tom Maiers.

Chair Patty Beckel opened the floor to Mr. Clinton Jordahl, consultant to Mr. Maiers.  Mr. Jordahl explained their stance and provided Exhibits A-DD, which are on file and of record, which supports their position to approve the wetland banking application.  Mr. Jordahl explained to the board that the TEP report contained procedural errors, only highlights certain items that support the TEP recommendation which doesn’t take under consideration the other items that support the application.

Chair Patty Beckel opened the floor to Mr. Dale Krystosek, Board of Water and Soil Resources Senior Wetland Specialist.  Mr. Krystosek explained to the board why he was attending the meeting and provided additional support of the TEP’s position.

Chair Patty Beckel brought the discussion back to the board members for questions and comments on this issue.

(Public Hearing was tape recorded)

Findings of Fact and Decision

Remand Order of Wetland Conservation Act Appeal

BWSR File 09-5

Applicant’s Name:  Tom Maiers

Applicant’s Authorized Representative:  Clint Jordahl, Bonestroo

Order of Remand:

As per this remand order, the Lake of the Woods County Board of Commissioners conducted a public hearing on August 11, 2009, to look at the missing hydrology and lateral effect information to see if it changes the board’s decision.  Upon reviewing the revised Technical Evaluation Panel’s (TEP) report and supporting documents as well as the documents submitted during the appeal hearings conducted in March, 2009, it is apparent that we are not the experts on the details that determine if hydrology exists or not and what extent the ditches affect the site.  Because of this we must rely upon the experts and the facts they have presented to make our decision.

The Lake of the Woods County Board of Commissioners decision is based upon the following:

  1. The site lacks evidence of hydrology.  There is documentation of above average precipitation and aerial photos which support this conclusion as well as the one inch of rainfall the day prior to the onsite inspection by the TEP at which there was no water present.
    1. Commissioner Arnesen commented that if undisturbed it could possibly revert back to wetlands.
  2. There is separate documentation from both the TEP and Mr. Jordahl regarding lateral effect.  They both determine that the perimeter ditches have a lateral effect.  These ditches therefore have a direct influence on the water table in the area.  The difference in numbers is irrelevant to the decision since they both showed lateral effect.
  3. It would be difficult for adjacent landowner to undertake legal drainage maintenance for the agricultural land.
  4. The local government unit must consider the extent to which proposed activities are consistent with other plans, such as watershed management plans, land use plans, zoning and master plans.
    1. The Lake of the Woods County Comprehensive Land Use Plan is used to facilitate future development patterns.  Development patterns within the county have been in this area with new subdivisions and amount of building permits issued.  This site is seen as developable land due to its close proximity to the current development areas.
    2. The Lake of the Woods County Comprehensive Wetlands Protection and Management Plan classifies this area as a low priority wetland.  Therefore, it is a poor replacement for disturbed wetlands.
      1. Commissioner Arnesen stated that he disagrees with the Land Use Plan as capital is needed to drive development in an area that is deficient of capital.  He believes that the best and highest use of the land is wetland banking.

Therefore, we find the TEP’s report reasonable to support their stance that the majority of the site lacks the hydrology sufficient to qualify as a wetland and the site is a poor location for a wetland bank from a selection, sustainability, and rule requirement perspective.

Motion was made by Commissioner Todd Beckel to X uphold ___reverse the decision rendered on March 24, 2009, which upheld the original decision of January 29, 2009, to deny the wetland banking application submitted by Tom Maiers. Motion was seconded by Commissioner Moorman and the vote carried as follows:  All in favor:  Commissioner Patty Beckel, Todd Beckel, Moorman and Hanson Opposed:  Commissioner Arnesen – based upon private property right issues

Close Public Hearing

Motion was made by Commissioner Todd Beckel to close the Public Hearing at 12:55 p.m.  and open the regular meeting. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Public Hearing

Local Water Management Plan

Motion was made by Commissioner Todd Beckel to close the regular meeting at 1:10 p.m. and open the public hearing as advertised. 

Chair Patty Beckel requested that Mike Hirst, SWCD Resource Technician present the Local Water Management Plan.

Motion was made by Commissioner Todd Beckel to approve the draft Water Plan Document to be sent to the Board of Water and Soil Resources Regional Supervisor, to be reviewed by other state agencies, and present the plan before the BWSR Northern Subcommittee. Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Close Public Hearing

Motion was made by Commissioner Todd Beckel to close the public hearing at 1:45 p.m. and open the regular meeting.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Old/New Business

The County Board discussed the following old and new business: 

New:

None

Old:

The board discussed the following old business:

  • Remove Boundary Commission from Old/New Business.
  • Red Lake Tribe Meeting- possible date of September 8th, need to send written request to be placed on the agenda

There were no new updates on:

  • Assessing Agreements, ANI, Capital & General Expenditure Policy, Community Support, Joint Meeting with Roseau County Board, County TV, Land Acquisition, Pilt Payment, Joint Meeting with City of Baudette and LOW School and Township Road Inventory.

Correspondence:

 Correspondence from the following, were read and acknowledge: 

  • MN Counties Insurance Trust (MCIT) Dividend
  • MN Dept of Revenue – CPA Reduction
  • MN Dept of Revenue – MVHC Unallotment
  • AMC Levy Limits and Special Levy
  • Motor Vehicle Audit

County Deputy Coroner Request

John Helgeson representing Helgeson Funeral Home and County Sheriff, Dallas Block met with the board to discuss the needs for Deputy Coroner.  Dallas will set up a meeting with County Coroner, Dr. Dayer to discuss appointments of Deputy Coroners and will report back to the board.

Land and Water Planning Director, Josh Stromlund

Resolution

Land and Water Planning Director, Josh Stromlund met with the board requesting approval to delegate certain functions with regard to implementation of the Wetland Conservation Act.

A RESOLUTION REGARDING THE ADMINISTRATION OF THE WETLAND CONSERVATION ACT

Lake of the Woods County
Resolution No. 09-08-02

The following resolution was offered by Commissioner Moorman and moved for adoption:

WHEREAS, Lake of the Woods County is authorized by Minnesota Administrative Rules Part 8420.0200, Subpart 2, to delegate certain functions with regard to implementation of the Wetland Conservation Act, including decision authority for exemption, no loss, wetland boundary and type, replacement plan, and wetland banking determinations with its staff.

THEREFORE; BE IT RESOLVED by the Board of Commissioners of Lake of the Woods County that decision authority for exemption, no loss, wetland boundary and type, sequencing determinations, replacement plan, and wetland banking determinations are placed with the Land & Water Planning Director.

Dated:             August 11, 2009


                                         Lake of the Woods County


                                         By: ____________________________________
                                                                     Chair of the Board of Commissioners


The resolution was seconded by Commissioner Arnesen,adopted by a vote of 5-0at the regular meeting of the Board of Commissioners of Lake of the Woods on August 11, 2009.

John W. Hoscheid

Lake of the Woods County Auditor

Social Services Director, Nancy Wendler

Claims

Social Services Director, Nancy Wendler met with the County Board requesting approval of claims.

Motion was made by Commissioner Todd Beckel to approve the following claims against the county:

                                                Commissioners’ Warrants          $ 13,512.82 

                                                Commissioners’ Warrants         $ 10,831.06

Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Community Support Program-RFP

Social Services Director, Nancy Wendler met with the board to discuss the Community Support Program (CSP) Request for Proposals (RFP).  Nancy informed the board that the committee met and reviewed the two RFP’s, informed the board that the committee’s recommendation was to go with Merit-Care.

Motion was made by Commissioner Todd Beckel to accept the RFP with Merit Care and authorize Social Services Director, Nancy Wendler to move forward with the contracting process.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Land and Water Planning Director, Josh Stromlund

Performance Evaluation

Land and Water Planning Director, Josh Stromlund, Human Resource Director, Wade Johannesen met with the board for performance evaluation for Josh.  Chair Patty Beckel asked Josh if he would like his evaluation open or closed pursuant MN Statute § 13D.05, Subd. 3 (a). Josh requested the evaluation be open. Josh Stromlund received a favorable rating.

Recess

With no further business before the County Board, Chair Patty Beckel called the meeting to recess at 3:50 p.m.

Attest:                                                                                                 Approved:      

____________________________                                                    ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

Commissioner Proceedings

August 18, 2009

The Lake of the Woods County Board met in regular session on Tuesday, August 18, 2009, in the Angle Inlet School, Angle Inlet.

Call to Order

Chair Patty Beckel called the meeting to order at 10:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Present on behalf of the County were: County Auditor John W Hoscheid, Land and Water Planning Director Josh Stromlund, Public Works Director Bruce Hasbargen and County Assessor Wayne Bendickson.  Also present were Northwest Angle area residents.

Approval of Agenda

Motion was made by Commissioner Moorman to approve the agenda for the meeting today with changes. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda for travel: Bruce Hasbargen – August 21–22, 2009 – NACE – Minneapolis, MN; September 9-10, 2009 – District 2 – Bemidji, MN; and September 23–24, 2009 LRRB – Mankato, MN.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Oak Island Association

Correspondence from the Oak Island Landowner Association was reviewed.  County Assessor Wayne Bendickson explained valuations and sales ratios on the Northwest Angle.  County Auditor John W Hoscheid presented a video and handouts explaining Minnesota Tax and answered questions relating to the Northwest Angle.

District Zoning for Island/Angle

Chair Patty Beckel opened the floor to Dick Gross, Oak Island landowner.  Mr. Gross submitted a petition on behalf of the Oak Island Landowners Association for the Lake of the Woods County to implement the following steps:

  1. To establish District Zoning provisions for the NW Angle Island which will facilitate the development of land use plans and zoning regulations appropriate specifically for this area (Ref: MN Statutes §394.25 subdivision 2);
  2. Contract the Headwater Regional Development Commission to develop a Comprehensive Land Use Plan specifically for the NW Angle Islands, including suggested zoning for implementing this Plan;
  3. That in the time between now and the completion of points 1 and 2 above, that there be a moratorium placed on Planned Unit Developments or Common Interest Developments and residential or commercial trailer development;

Mr. Gross discussed and reviewed the material within the petition with all that was present.

Land & Water Planning Director, Josh Stromlund, provided information which included a map of Oak Island indicating the areas of Tribal and State Land.  Also, provided with the map were parcel numbers with corresponding acreages.  Mr. Stromlund further explained that if a 5 acre minimum was implemented, approximately 50% of the lots would be considered non-conforming which may be a detriment to these landowners.  He further explained that most of the lots have been developed and what is left to be developed would be hindered because of the amount of wetlands present on Oak Island.

Discussion in regards to lots being grandfathered in and the minimum lots size ensued.

The County Board of Commissioners reviewed the petition and will refer this document to the Interim County Attorney for review and opinion.  No action was taken.

Red Lake Tribal Council

Public Works Director Bruce Hasbargen updated the Northwest Angle residents on issues to be discussed with the Red Lake Tribal Council.  He is currently in the process of setting up a meeting with them.

Public Works Director

Public Works Director Bruce Hasbargen requested, with approval of the County Board, to transfer the approval of purchases to the next regular county board meeting on Tuesday, August 25, 2009. 

Recess

With no further business before the County Board, Chair Patty Beckel called the meeting to recess at 12:16 p.m.

Attest:                                                                                                 Approved:       August 25, 2009        

____________________________                                                    ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

Commissioner Proceedings

August 25, 2009

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 25, 2009, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel and Moorman. Commissioner Hanson was absent. Also present were: County Auditor John W Hoscheid, Deputy Auditor Janet Rudd, Ted Stone, and John Oren.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with additions. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Moorman to approve the consent agenda, for travel: Janet Rudd to St. Cloud on September 17&18 for MDRA Annual Conference. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Approval of Minutes

Motion was made by Commissioner Todd Beckel to approve the minutes of August 10th special meeting. Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Moorman to approve the minutes of August 11th regular board meeting with changes and August 18th Northwest Angle meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Social Services Director, Nancy Wendler

Claims

Social Services Director, Nancy Wendler met with the County Board requesting approval of claims.

Motion was made by Commissioner Todd Beckel to approve the following claims against the county:

                                                Commissioners’ Warrants          $ 13,656.56 

                                                Commissioners’ Warrants           $  2,959.29

Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

MinnesotaCare Contract

Social Services Director, Nancy Wendler met with the County Board requesting approval to open an internal position for a Social Worker in the Social Services Department.  This position is primarily responsible for providing services to individuals with mental illness.  The basic responsibilities include assessing adults who are mentally ill for appropriate mental health services, providing case management services to adults who primarily have a serious and persistent mental illness, providing community awareness of mental health issues, assessing allegations and concerns regarding vulnerable adults, and providing protective services to adults when needed.  

Motion was made by Commissioner Todd Beckel to open an internal Social Worker position within the Social Services Department.  Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Department of Human Service Letter

Chair Patty Beckel and Social Services Director, Nancy Wendler reviewed the letter  they received from  Tim Wilken, Assistant Commissioner explaining the redesign of the Social Services Departments within the State.

County Auditor

Claims

County Auditor, John W Hoscheid met with the County Board and requested approval of claims. 

Motion was made by Commissioner Todd Beckel to approve the following claims against the county as presented.

                                                Revenue                                     $   9,788.64        

                                                Road & Bridge                           $ 30,331.52

                                                Solid Waste                                $      840.00

                                                                                                    $40,960.16

WARRANTS FOR PUBLICATION              

WARRANTS APPROVED ON  8/25/2009 FOR PAYMENT  8/28/2009

       AMOUNT   VENDOR NAME                                                                   AMOUNT   VENDOR NAME

          479.83 BEST WESTERN KELLY INN STCLOUD                                 840.00 COMMISSIONER OF TRANSPORTATION

        4933.82 CROP PRODUCTION SERVICES                                          2520.00 DUSTCOATING, INC

        6000.00 HEADWATER REGIONAL DEVELOPMENT                            309.93 HSBC BUSINESS SOLUTIONS

        7200.00 LAVALLA SAND & GRAVEL INC                                               600.00 LOW MASTER GARDENER

          580.74 M-R SIGN CO, INC                                                                13130.00 DAVID OLSON

          469.53 POWERPLAN                                                                             455.25 RODERICK RONE JR

          579.92 WEST GROUP

27 PAYMENTS LESS THAN  $300       2,861.14

FINAL TOTAL     $40,960.16

Further moved to authorize the payment of the following auditor warrants:

                                                   August 12, 2009                     $  85,220.75

                                                   August 12, 2009                     $    4,800.00

                                                   August 12, 2009                     $  53,167.23

                                                   August 18, 2009                     $333,973.48

The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Health Insurance

County Auditor, John W. Hoscheid met with the board to discuss the County’s Health Insurance Rates.  John informed the board that the rates increased by 1% and that PEIP is offering a new option called Advantage Plan. The Commissioners requested that John contact PEIP and ask that a representative meet with them and the employees to explain the health plan selection process and to answer questions.

LAKE OF THE WOODS COUNTY HISTORICAL SOCIETY

Update on renovation project/request for funds

Marlys Hirst, Executive Director and Historical Society Board member Dan Crompton met with the board to discuss their 2010 budget and the needs to renovate and add on to the County Museum.  They requested funding for three years in the amount of $25,000 per year.  The board took no action and said that they would report back to the society after the 15th of September.

Recess

The meeting was called to recess at 10:07 a.m. and reconvened at 10:15 a.m. as follows:

LAKE OF THE WOODS TOURISM BUREAU

2010 Budget

Lake of the Woods Tourism Executive Director, Denelle Cauble and President Tom Kratzke met with the board to discuss their 2010 budget and projected deficit.  Denelle informed the board that the Tourism Bureau board looked into the possibility of relocating the Economic Development Office (EDO) into the Tourism Bureau with the likelihood that Wyatt Johnson, Director of the EDO could help in the absence of the tourism bureau staff, requested that the county possible take over the accounts payable and payroll and/ or take care of the cost of the mandated yearly audit for the bureau. Tom requested that there be a time study done on how much time is spent with the collection/payment process of the lodging tax in the Auditor’s Office. County Auditor John W. Hoscheid stated that he would complete the study and report back to the board at the next meeting.

Emergency Management Director, Holly House

Emergency Management Performance Grant

Emergency Management Director, Holly House met with the board requesting approval for the EMPG.

Motion was made by Commissioner Todd Beckel to accept the EMPG and authorize Chair Patty Beckel and Emergency Management Director, Holly House to sign.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Hazard Awareness Course

Holly informed the board that she secured a grant to purchase the power point class for the Hazard Awareness Course and explained that the grant will be arriving and needs to be returned before the next board meeting and asked for the board to approve the grant at this time.

Motion was made by Commissioner Moorman to authorize County Auditor, John W. Hoscheid to sign the Hazard Material Grant.  Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

county Sheriff

ATV Grant

Chief Deputy Sheriff, Jim Walton met with the board requesting approval for an ATV grant in the amount of $26,000 for a two year period.

Motion was made by Commissioner Arnesen to accept the ATV grant and authorize Chair Patty Beckel to sign.  Motion was seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Completion of probation period

Human Resource Director, Wade Johannesen met with the board and recommended that the board approve the satisfactory report for the completion of the probationary period for Dispatcher Peggy Mosher and requested a one step increase.

Motion was made by Commissioner Todd Beckel to accept the recommendation of Human Resource Director, Wade Johannesen for the satisfactory completion of probation for Dispatcher Peggy Mosher and to give a one step increase.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Public Works Department

Purchase of e/ Time Card Database

Public Works Director, Bruce Hasbargen met with the board and discussed the purchase of the e/Time Card Database.

Motion was made by Commissioner Arnesen to authorize the Public Works Director to purchase the e/Time Card Database for the Highway Department with the funding from the Township Road and Bridge fund.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Purchase of Pickups and Trailer

Public Works Director, Bruce Hasbargen met with the board and requested to purchase two pickups and a trailer.

Motion was made by Commissioner Todd Beckel to authorize the Public Works Director to purchase two (2) pickups and a trailer as budgeted for the Highway Department.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

NWA Solid Waste concrete slab

Public Works Director, Bruce Hasbargen informed the board that he would like to complete the concrete slab that was budgeted for the NWA Solid Waste facility.

Motion was made by Commissioner Arnesen to approve the budgeted amount of $5,000 for the concrete slab to be poured at the NWA Solid Waste facility.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Budget Dates

The board asked Bruce if he would be available on September 8, 2009 (regular scheduled board meeting date) at 7:00 a.m. to review the Highway Departments budget. Bruce stated that he will be able to be there at that time.

County Auditor

Correspondence: Regional Park & Trail/ Legislative Audit- lands

John informed the board that there will be a meeting on September 9, 2009 at 10:00 a.m. in Little Falls MN to discuss Park and Trail Funds that are available through the Legacy Amendment Act and asked if someone could attend.  Commissioner Arnesen stated that he would look at his schedule.

John informed the board that the Minnesota Legislative Audit would like to meet with some of them to discuss surplus DNR lands, adequacy of funding, easements, PILT/local government services and any issues with tax-forfeited lands on September 17th.  Some of the Commissioners had conflicts with that date and requested that they change the date to September 15th.  John will check on an alternate date and get back to the Commissioners.

EMERALD ASH BORER

Commissioner Todd Beckel talked about the Emerald Ash Borer that has been found in Minnesota, but and poses a great risk to the State’s Ash trees. Commissioner Todd Beckel distributed hand outs on the Ash Borer.

Recess

The meeting was called to recess at 11:55 a.m. and reconvened at 1:00 p.m. as follows:

Land and Water Planning Director, Josh Stromlund

Energy Exchanger

Land and Water Planning Director, Josh Stromlund and Gregg Hennum representing Sportsman’s Lodge met with the board to discuss the construction and placement of an Energy Exchanger.  Josh explained the system to the board and informed the board that Minnesota Administrative Rule 6115.0211, Subpart 6b, requires that the construction of privately owned structures shall be permitted only when a federal, state, or local governmental agency accepts responsibility for future maintenance of this type of facility or its removal in the event that the private owner fails to maintain or abandons the facility. This would require a resolution of acceptance of responsibility for this project.  After discussion, the board requested that this be referred to Interim County Attorney, Michelle Moren.

Lake of the woods water sustainability foundation

Annual Report

Executive Director, Todd Sellers, met with the board and presented the annual report for the foundation.

Old/New Business

The County Board discussed the following old and new business: 

New:

  • Public Hearing for the City of Baudette Annexation- September 28, 2009 at 6:00 p.m. at the Ambulance Garage.

Old:

The board discussed the following old business:

  • Township Road Inventory- Bruce to talk to Mike Carroll for the time line on this project.
  • County TV- John will call Lee Hervey for an update

There were no new updates on:

  • Assessing Agreements, ANI, Capital & General Expenditure Policy, Community Support, Joint Meeting with Roseau County Board, County TV, Land Acquisition, PILT Payment, Joint Meeting with City of Baudette and LOW School, Red Lake Tribe Meeting, Township Road Inventory, Oak Island Petition and Deputy Coroner.

Recess

With no further business before the County Board, Chair Patty Beckel called the meeting to recess at 2:00 p.m.

Attest:                                                                                                 Approved:       September 8, 2009

____________________________                                                    ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair