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COUNTY BOARD

August, 2013

Commissioner Proceedings

August 13, 2013

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 13, 2013 in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Hanson called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Ed Arnesen, Thomas Hanson, Buck Nordlof and Ken Moorman.  Also present were: County Auditor/Treasurer, Mark E. Hall, Deputy Auditor Janet Rudd and Vicki Neesen.

Approval of Agenda

Motion

Motion was made by Commissioner Beckel to approve the agenda with the following additions: Ditch Assessments and Housing Study Meeting. 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 Beckel to approve the consent agenda as follows: Travel for Daniel Fish to Grand Forks on September 10-12 for GIS Conference. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof to approve the minutes of July 23, regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

notice of postponement of cartway

Attorney Nora Crumpton, from Anderson Law Offices, requested a postponement of the Schrandt Cartway that was scheduled for 1:00 p.m. today and requested the Public Hearing be moved to August 27, 2013 at 1:00 p.m.

Social Services

Social Service Director, Nancy Wendler met the board requesting approval of claims.

Motion

Motion was made by Commissioner Beckel to approve the claims against the county as follows:

Commissioner Warrants      $12,810.79

                                                            Commissioner Warrants      $  3,879.74

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

MN Care Contract

Social Service Director, Nancy Wendler met the board requesting approval for the contract amendment between the State of Minnesota and Lake of the Woods County Social Service to process MinnesotaCare.

Motion

Motion was made by Commissioner Moorman to approve the contract amendment between the State of Minnesota and Lake of the Woods County Social Services effective 07/01/13 through 12/31/13, for Lake of the Woods County Social Services to process MinnesotaCare applications, and to authorize Social Services Director, Nancy Wendler, and Chairman Hanson to sign. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

COORESPONDENCE

The following correspondence was read and acknowledges: LakeWood Health Center-Public Health, Score Gant, DNR Assessment, and MCIT Dividend.

County Auditor/Treasurer

Claims

Chief Deputy Auditor, Lorene Hanson met with the board for approval of claims:

Motion

Motion was made by Commissioner Arnesen to approve the claims as follows:

Revenue                      $  35,822.70   

Road and Bridge        $106,776.28

Solid Waste                 $   8,635.09

Co. Develp                  $   1,908.68

Solid Waste                 $ 26,898.34

EDA                            $    1,500.00

                                    $172,906.00

WARRANTS FOR PUBLICATION

Warrants Approved On 8/13/2013 For Payment 8/16/2013

Vendor Name                                                                   Amount

Achen/Brian                                                                  3,238.00

Cenex Co-Op Services, Inc.                                    10,008.30

Envirotech Services Inc                                           71,949.76

Howard’s Oil Company                                              3,997.01

LOW Highway Dept                                                    4,649.79

LOW Sr Citizens                                                          8,372.50

Mar-Kit Landfill                                                           13,958.55

MN Counties Intergovernmental Trust                      2,500.00

Mn Sheriff’s Ass’n                                                         2,060.00

R & Q Trucking, Inc                                                    4,467.75

Titan Machinery                                                          2,024.88

Woody’s Service                                                          8,624.48

86 Payments less than 2000   37,054.98

Final Total:  172,906.00

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

                                                July 24,   2013             $      49,945.95

                                                August 2, 2013           $           120.00

                                                August 7, 2013           $      76,670.96

August 7, 2013           $    107,388.07

                                                August 8, 2013           $      (1,523.20)

                                                                                    $   232,601.78   

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

Signature Cards

County Auditor/Treasurer, Mark E. Hall met with the board requesting authorization sign checks.

Motion

Motion was made by Commissioner Nordlof to authorize   Chairman Hanson, County Auditor /Treasurer, Mark E. Hall, Deputy Treasurer, Dawn Christianson and Chief Deputy Auditor, Lorene Hanson to sign the Wells Fargo signature card for account number 3908. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Beckel to authorize   County Auditor/Treasurer, Mark E. Hall, Deputy Treasurer, Dawn Christianson and Chief Deputy Auditor, Lorene Hanson to sign the Wells Fargo signature card for account number 6372. The motion was seconded by Commissioner Nordlof                    and the same being put to a vote, was unanimously carried.

Gambling Permit

County Auditor/Treasurer, Mark E. Hall met with the board requesting authorization to sign the Lawful Gambling Exempt Permit for Ducks Unlimited for a raffle.

Motion

Motion was made by Commissioner Beckel to approve the MN Lawful Gambling Exempt Permit for Ducks Unlimited; Lake of the Woods Chapter 55 to conduct a raffle on September 14, 2013 at Sportsman’s Lodge and authorizes County Auditor/Treasurer, Mark E. Hall to sign. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried with Commissioner Nordlof abstaining.

Department of Motor Vehicle

Deputy Registrar, Janet Rudd and County Auditor/Treasurer, Mark E. Hall met with the board and explained that back in 2003, when Janet Rudd was appointed as the Deputy Registrar, the Department of Motor Vehicle did not have the application for change on file and are requesting the application be completed again.

Motion

Motion was made by Commissioner Moorman to authorize, County Auditor/Treasurer, Mark E. Hall and Deputy Auditor/Deputy Registrar 75, Janet E. Rudd to sign the application for Change in Deputy Registrar Conditions. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Housing Study Results

Commissioner Beckel informed the board that the Housing Results have been completed and that a meeting will take place on August 23, at 9:00 a.m. at North Star.

SHERIFF

Re-Set Administration Fees

County Sheriff, Gary Fish met with the board requesting approval to re-set his Office Administration fees.

Motion

Motion was made by Commissioner Moorman to approve the following Civil Process and Record Fees for the Sheriff’s Office:

Civil Process and Record FeesFee
Each individual service, plus mileage$40.00
Individual not found, plus mileage$40.00
Mileage based on round trip1)      $5.00 minimum2)      Charge every trip$0.565
Administrative fee – filing, printing, mailing etc.$10.00
Boat fee, includes mileage$75.00
Commission after execution8%
Filing Fee$20.00
Sale notice, posting 3 copies, plus mileage$40.00
Secure property on execution or other orders$75.00 + 2 deputies’ time, plus mileage
Sheriff’s sale, per sale held$75.00
Draft certificate of sale$25.00
Redemption of property$250.00
Public posting of redeemed property$100.00
Preparing levy$25.00
Writ of execution fee in advance$75.00, plus $15.00 to employer
Building escort – 2 cars required, 2 hours per car minimum$50.00 per hour, per car(total minimum charge = $200.00)
Incarceration doctor co-pay$45.00
Fingerprints$20.00
Public data records25¢ per page for first 100 pages
Public data records50¢ per page 101 and beyond
CD’s$5.00 each

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

atv grant

County Sheriff, Gary Fish met with the board requesting approval for the Off Highway Vehicle Enforcement Grant with the State of Minnesota in the amount of $13,529.00.

Motion

Motion was made by Commissioner Beckel to authorize Chairman Hanson and County Auditor/Treasurer, Mark E. Hall to sign the Off Highway Vehicle Enforcement Grant with the State of Minnesota, Grant No. 66172, with Lake of the Woods County to be reimbursed up to $13,529.00 in state fiscal year 2014, for expenses incurred between the effective date of the grant and June 30, 2014, and 13,529.00 in fiscal year 2015, for expenses incurred between July1, 2014, and Jun 30, 2015, as determined by the grant funding formula. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 10:00 a.m. as follows:

Borderland Substance abuse Court

Border Land Substance Abuse Court Coordinator, Lisa Sante met with the board to review the 2014 Budget. Lisa introduced newly hired probation officer, Ben Johnson to the board and reviewed the budget plan.

MIS Department

generator

MIS Director, Peder Hovland met with the board requesting authorization to go out for quotes for furnishing and installing a diesel standby generator and closed transition transfer switch for the County Government Center Building.

Motion

Motion was made by Commissioner Arnesen to authorize MIS Director, Peder Hovland to seek quotes for furnishing and installing a diesel standby generator and closed transition transfer switch for the County Government Center Building contingent approval from the State of Minnesota with funding from the 911 budget, The motion was seconded by Commissioner Moorman, and the same being put to a vote, was unanimously carried. (Approval for this purchase was received from the State of MN on 08-16-13)

DNR FISHERIES

DNR Fisheries Supervisor, Phil Talmage met with the board and reviewed the 2012 Walleye Population Assessment Summary and the Angler Pressure and Harvest results from 1981 to present.

PUBLIC WORKS

Solid Waste Program Manager

Public Works Director, Tim Erickson met with the board requesting approval to hire the Solid Waste Program Manager.

Motion

Motion was made by Commissioner Arnesen to authorize, Public Works Director, Tim Erickson to hire Ted Furbish for the position of the Solid Waste Program Manager effective September 1, 2013 at grade 14, step E, hourly wage of $23.39 per hour. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Solid Waste Processor

Public Works Director, Tim Erickson met with the board requesting approval to advertise, interview and hire for a Solid Waste Processor.

Motion

Motion was made by Commissioner Moorman to authorize, Public Works Director, Tim Erickson to advertise, interview and hire for the position of a Solid Waste Processor. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Custodian II

Public Works Director, Tim Erickson met with the board requesting approval to advertise, interview and hire for a Custodian II.

 Motion

Motion was made by Commissioner Arnesen to authorize, Public Works Director, Tim Erickson to advertise, interview and hire for the position of a Custodian II. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously car

Heavy Equipment Operator

Public Works Director, Tim Erickson met with the board requesting approval to hire a Heavy Equipment Operator that they advertised and interviewed for.

Motion

Motion was made by Commissioner Moorman to authorize, Public Works Director, Tim Erickson to  hire Bruce Erickson as the Heavy Equipment Operator from Permanent Part-time to Fulltime from grade 7, to grade 10  step D at $18.18 per hour effective August 18, 2013 and eliminating one (1) seasonal help hire in the highways department. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Computer

Public Works Director, Tim Erickson met with the board requesting approval to purchase a new computer as budget.

Motion

Motion was made by Commissioner Arnesen to authorize the Public Works Director, Tim Erickson to purchase a new computer, as previously approved within the 2013 budget. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

KEEP IT CLEAN COMMITTEE

Mike Hirst met with the board to update them on the progress of the “Keep It Clean Committee”. Mike informed the board that they picked up 4.25 cubic yards of garbage weighing approximately 800 pounds with a total of 13 miles of shoreline. Mike also discussed the Dumpster Program Highlights and there were over 81 tons of garbage that was discarded in the dumpsters. Mike informed the board that the Committee will be asking for public funding from them and other entities to help with the associated cost of the garbage removal.

Motion

Motion was made by Commissioner Arnesen to budget a total of $5,000 to the “Keep It Clean Committee”, with $2,500 from the 2014 budget and $2,500 from the 2015 budget. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

LAND AND WATER PLANNING

Land and Water Zoning Director, Josh Stromlund met with the board requesting approval to appoint a member to the Planning Commission/Board of Adjustment for Commissioner District 5.

Motion

Motion was made by Commissioner Arnesen to appoint Anthony Head to the Planning Commissioner/Board of Adjustment for Commissioner District 5. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

COUNTY ASSESSOR

County Assessor, Mary Jo Otten and County Attorney, Philip Miller met with the board to discuss how to proceed with the ANI tax court appeal. Mary Jo explained that the appraisal provided by representatives from ANI states a drastically lower value than the Assessor’s estimated market value for assessment years 2011 and 2012. Also discussed was the possible cost to the County to hire an appraiser to do an appraisal and prepare for tax court and the cost of going to court.

Motion

Motion was made by Commissioner Beckel to authorize County Assessor, Mary Jo Otten to hire an appraiser to appraise the ANI property with the funding from the unallocated account from the MCIT Dividend  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried with Commissioner Nordlof abstaining from voting.

COUNTY ATTORNEY- RESIGNATION

Motion

Motion was made by Commissioner Arnesen to accept the verbal resignation from County Attorney, Philip Miller effective September 3, 2013 at 12:01 a.m. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Recess

With no further business before the board, Chairman Hanson called the meeting to recess at 12:36 p.m.

Attest:                                                                                     Approved: August 27, 2013

____________________________                                        _______________________________

Janet E. Rudd, Deputy Auditor                                             Thomas Hanson, Chairman of the Board

==========================================================================================================

Commissioner Proceedings

August 27, 2013

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 27, 2013 in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Hanson called the meeting to order at 9:04 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Ed Arnesen, Thomas Hanson, Buck Nordlof and Ken Moorman.  Also present were: Deputy Auditor Janet Rudd and Vicki Neesen.

Approval of Agenda

Motion

Motion was made by Commissioner Nordlof to approve the agenda with the following additions: Lost Warrant, Co. Rd 4 and 61, Giziibii, and SWCD meeting. 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 Beckel to approve the consent agenda as follows: Marti Carlson and Lorene Hanson to St. Cloud on October 23-24 for MN Sales & Use Tax for Local Governments; Mary Jo Otten to Grand Rapids on September 12 for Ethics Course for Assessors; Janet Rudd to St. Cloud on September 19-20 for Deputy Registrar Conference; Phil Johnson to Duluth on September 25-27 for Community Mental Health Conference; Leah Stephani-Miller to Duluth on October 16-18 for Health and Human Service Conference; Mark Hall and Commissioner Beckel TRF or Grand Rapids in September for MCIT Meeting. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Beckel to approve the minutes of August 13, regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Social Services

Social Service Director, Nancy Wendler met the board requesting approval of claims.

Motion

Motion was made by Commissioner Moorman to approve the claims against the county as follows:

Commissioner Warrants      $10,083.48

                                                            Commissioner Warrants      $26,443.02

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

Child Support Officers Report

Social Service Child Support Officer, Craig Severs Jr. met with the board and updated the board on the Child Support cases, collections and distribution for the year 2012 and informed them that August is Child Support Month.

Human Resource Office

Social Service Director, Nancy Wendler met the board to discuss the vacant Human Resources Office and for the usage for Social Services Child Support Officer. The consensus of the board was to allow the Child Support Officer the use of the vacant room. Human Resource Office, if needed will move to the GCN Building in the old Child Support Office.

County Auditor/Treasurer

Claims

Chief Deputy Auditor, Lorene Hanson met with the board for approval of claims:

Motion

Motion was made by Commissioner Arnesen to approve the claims as follows:

Revenue                      $  19,954.71   

Road and Bridge        $    5,240.88

Co. Develp                  $      360.00

Solid Waste                 $   3,338.02

EDA                            $    4,039.56

                                    $  32,933.17

WARRANTS FOR PUBLICATION

Warrants Approved On 8/27/2013 For Payment 8/30/2013

Vendor Name                                                                    Amount

Bullberry Systems, Inc                                                2,190.00

MN Dept of Employment & Economic Develop         5,000.00

Northwest Community Action, Inc                             2,646.50

Short Elliott Hendrickson, Inc                                   3,588.00

Widseth Smith Nolting&Asst Inc                                2,851.42

45  Payments less than 2000  16,657.25

Final Total:  32,933.17

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

                                                August 13, 2013         $    83,087.05

                                                August 14, 2013         $      4,161.09

August 20, 2013         $      8,412.13

                                                August 20, 2013         $      3,181.37

                                                                                    $     98,841.64  

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

Lost Warrant

County Auditor/Treasurer, Mark E. Hall met with the board requesting authorization to issue a lost warrant to Kimberly Stay.

Motion

Motion was made by Commissioner Beckel to approve the application and affidavit for lost warrant for Kimberly Stay dated February 15, 2013 for $173.00 without furnishing indemnifying bond.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Lutheran Social Service Senior Nutrition

Cindy Christophersen met with the board and reviewed the 2012 Annual Report.

Resolution of Appreciation for john Oren

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

Resolution No. 13-08-01

Appreciation Recognition to John Oren

WHEREAS, John Oren has served as the Editor for the Baudette Region from 1976 to 2001;

WHEREAS, John has worked for the Northern Light Region as staff writer for the Lake of the Woods County Board meetings since 2003;

WHEREAS, John has actively participated in various community events and has shown great support to our schools extracurricular activities;

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners and the Citizens of Lake of the Woods County do hereby express sincere gratitude to John Oren for his many years of outstanding support within our community.

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

RECESS

The meeting was called to recess at 10:07 a.m. and reconvened at 10:20 a.m. as follows:

exit interview with County Attorney Philip Miller

County Attorney, Philip Miller met with the board and informed the board that the County received four (4) applications for the vacant County Attorney’s Office; Human Resources Department Vacancies discussed in the interim what issues should be sent out of county and what to administrative duties to stay in house which will stay with the County Attorney’s office; discussed the Contracted County Attorney’s Contract. The board thanked County Attorney Philip Miller for his services in the past and the present and wished him well in his new County Attorney career with Benton County.

Motion

Motion was made by Commissioner Arnesen to enter into a contract for a Contracted County Attorney, with Michelle Moren, at the rate of pay of $5,500 per month plus mileage of .565 per mile effective September 3, 2013 and every month thereafter as needed and until the position of Lake of the Woods County Attorney is filled either by a hiring or election of a new County Attorney. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval to enter into the 2013 Federal Boating Safety Supplemental Equipment Grant Agreement.

Motion

Motion was made by Commissioner Moorman to approve and authorize County Auditor/Treasurer Mark E. Hall, Chairman Hanson and County Sheriff, Gary Fish to sign the Federal Boating Safety Supplemental Equipment Grant Agreement, Grant No. 67218, and effective July 1, 2103 thru September 16, 2013 in the amount of $1,143. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

ATV Grant

County Sheriff, Gary Fish met with the board and requested that Chief Deputy Sheriff to work the ATV grant with a one eight (8) hour shift per month. The board tabled this to September 10, 2013 board meeting.

EMERGENCY MANAGEMENT DIRECTOR

County Sheriff, Gary Fish met with the board requesting approval to hire Emergency Management Director.

Motion

Motion was made by Commissioner Beckel to approve the hiring of Emergency Management Director, Christina Husbands effective August 27, 2013 at Grade 11, Step 1 at a rate of pay of $17.99 per hour. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Land and Water Planning

Conditional Use Permit

Land and Water Planning Director, Josh Stromlund and Paskvan Industries, Operations Director, Daniel J. Voss met with the board and presented a Conditional Use Permit request from Paskvan Industries to allow a commercial business consisting of FM radio transmission towers in a Natural Environment District. The board reviewed the conditional use request, no comments were heard from the floor and correspondence was acknowledged on the conditional use request. Josh informed the board that the Lake of the Wood County Planning Commission recommends approval for the Conditional Use Permit with conditions.

Name of Applicant:  Troy Paskvan of Paskvan Media (Milo Ravndalen current owner) Date:  August 27, 2013

Location/Legal Description:  The eastern 15 acres of Govt. Lot 3, lying N of STH #11, less RR in Section Six (6), Township One-Hundred Sixty-One (161)N, Range Thirty-Four (34)W, Myhre Township, Lake of the Woods County. (Survey Pending)

Project Proposal:  Applicant is requesting a conditional use permit as required by Section 401-B of the Lake of the Woods County Zoning Ordinance to allow a commercial business consisting of a FM radio transmission tower in a Natural Environment District.

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan?                                                                                                           YES (X) NO (  ) N/A (  )

Why or why not?  Tower nearby – Construction with area and FCC guidelines.

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

            YES (X) NO (  )  N/A (  )

Why or why not?  Provide weather alerts and public announcements on air.

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                                        YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                                                                        YES (X)  NO (  )  N/A (  )

Why or why not?  Tower and small building only.

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?                                                                                                YES (X)  NO (  )  N/A (  )

Why or why not?  Not located in floodplain.

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

                                                                                                                        YES (X)  NO (  )  N/A (  )

Why or why not?  Not affected.

7. Is the site in harmony with existing and proposed access roads?             YES (X)  NO (  )  N/A (  )

Why or why not?  County road on north side.

8. Is the project proposal compatible with adjacent land uses?                    YES (X)  NO (  )  N/A (  )

Why or why not?  Not changing and adjacent tower.

9. Does the project proposal have a reasonable need to be in a shoreland location?

                                                                                                                        YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal?                                                          YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?                                                                                   YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems?

                                                                                                                          YES (  )  NO (  ) N/A (X)

Why or why not? ______________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate?                                   YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought                                                                                YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?                                                                                                YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?                                                                                          YES (X)  NO (  )  N/A (  )

Why or why not?  Safety warning signs.

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?

                                                                                                        YES (X) NO (  ) N/A (  )

Why or why not?  No traffic as part of project.

The specific conditions of approval are as follows:  Meet FCC and FAA Guidelines.

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.

Approved as Presented (  )               Approved with Conditions  (X)                   Denied  (  )

                                                                                    _____________________________________

                                                                                                            Tom Hanson

                                                                                                Chair, County Board of Commissioners

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

Motion

Motion was made by Commissioner Moorman to approve the Conditional Use Permit for Paskvan Industries as recommended by the Lake of the Wood County Planning Commission to allow a commercial business consisting of a commercial business consisting of FM radio transmission towers in a Natural Environment District with the following condition:

  1. Meet FCC and FAA Guidelines.

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

Vacation of Beach Ave

Land and Water Planning Director, Josh Stromlund met with the board to discuss a request from a land owner in Harris Plat to vacate Birch Ave. The consensus of the board was to have the land owner follow the procedures for the process of vacating property.

PUBLIC WORKS

Solid Waste Program Manager

Public Works Director, Tim Erickson met with the board requesting signatures for Solid Waste Program Manager, Edward Spires Voluntary Early Retirement Agreement and Waiver and Release by Employee.

Motion

Motion was made by Commissioner Arnesen to authorize, Chairman Hanson, Auditor/Treasurer, Mark E. Hall and County Attorney, Philip Miller to sign the Voluntary Early Retirement Agreement and Waiver and Release by Employee for Solid Waste Program Manger, Edward Spires. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

County Road 61 and 4

Public Works Director, Tim Erickson and Boyd Johnson met with the board to discuss the Williams sewer that will discharge flow in Co. Road Ditch 61 and concerns of property owners that live along it; they felt that the size of the culvert and amount of discharge should not cause any problems.

Concerns of Co. Road 4 were the box culverts that were being installed and property owners had concern of flooding; they felt that there should not be any problems, but if there should, they could add a barrier to adjust the flow.

RECESS

The meeting was called to recess at 12:14 p.m. and reconvened at 1:01 p.m. as follows:

Public Hearing-Cartway

Motion was made by Commissioner Arnesen to close the regular meeting at 1:02 p.m. and open the Public Hearing pursuant to MN Statute 164.08 to establish a cartway. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

County Attorney, Philip Miller asked Attorney Nora Crumpton for affidavit of mailing for the affected land owners,  Gary Pulkrabeck and Paul Pedersen acknowledge that they received notification of the hearing along with  Paul Pedersen acknowledge that Patricia Davidson also received notification but was unable to attend due to her work schedule. Nora informed the board that the property owners from the south were not served for they were not affected by their proposed cartway.

County Attorney Philip Miller noted that the County Board formed a Cartway Committee and appointed himself, Public Works Director, Tim Erickson and Land and Water Planning Director, Josh Stromlund to the committee.

County Attorney, Philip Miller stated that the Petition seeks to establish a cartway pursuant to Minnesota Statute 164.08.  The description of the proposed cartway is:

The West two (2) rods of the Northeast Quarter (NE¼) of Section Two (2), Township One Hundred Sixty (160) North, Range Thirty-three (33) West; and the West two (2) rods of the Northwest Quarter of the Southeast Quarter (NW¼ SE¼) of said Section Two (2), Township One Hundred Sixty (160) North, Range Thirty-three (33) West.-Owner Gary Pulkrabek Property

            The description of the individual tracts of land over which the proposed cartway would pass is:

The Northeast Quarter (NE¼) of Section Two (2), Township One Hundred Sixty (160) North, Range Thirty-three (33) West; and the Northwest Quarter of the Southeast Quarter (NW¼ SE¼) of said Section Two (2), Township One Hundred Sixty (160) North, Range Thirty-three (33) West. Owner Gary Pulkrabek Property

County Attorney, Philip Miller confirmed that the committee reviewed the petitioners proposed cartway

Upon discussions with all  in regards to the submitted petition, they offer the following for consideration upon granting said petition legally described as the SW¼, Sec. 2, T. 160N, R. 33W, Lake of the Woods County.

In reviewing aerial photos, soils information, LIDAR, and statutes there are three (3) possible locations to access the property via a cartway. Other routes were analysis but deemed not feasible due to a variety of reasons such as the presences of public land to the west, natural or manmade barriers (wildlife pond), and the cartway, if granted, would bisect property under a single ownership.

OPTION #1

This option lies along the western boundary of said section. If granted, the cartway would begin at Main Street West and continue south a distance of one-half (½) mile to the northwest corner of the property in question. The soils in this location appear to be mostly non-hydric thus, reducing the amount of potential wetland impact with granting of said cartway. According to the soils information, it appears that approximately 1200 feet would be considered hydric (wetland) soils. Also, there appears to be a natural drainage located in the extreme northwest corner of the Pedersen property and the northeast corner of the Davidson property, which may require construction of a crossing as to not affect the drainage of the area. This route has not been field verified for the presence of uplands, wetlands and the natural drainage. The potential affected landowners for this route would be Patricia Davidson and Paul Pedersen.

OPTION #2

This option lies along the ½ mile line of said section. If granted, the cartway would begin at Main Street West and continue south a distance of one-half (½) mile to the northeast corner of the property in question. The soils in this location appear to be mostly hydric thus, there is an increased potential of wetland impact with granting of said cartway. According to the soils information, it appears that approximately 2000 feet would be considered hydric soils with a portion (~750 feet) considered a muck type soils. This route has not been field verified for the presence of uplands and wetlands. The potential affected landowners for this route would be Gary Pulkrabek and Paul Pedersen.

OPTION #3

This option lies along the ½ mile line of section 11, T. 160N, R. 33W. If granted, the cartway would begin at 9th Street Southwest and continue north a distance of one-half (½) mile to the southeast corner of the property in question. The soils in this location appear to be mostly hydric thus, there is an increased potential of wetland impact with granting of said cartway. According to the soils information readily available, it appears that approximately 1500 feet would be considered hydric soils with a significant amount (~1100 feet) of muck type soils. This route has not been field verified for the presence of uplands and wetlands. The potential affected landowners for this route would be John Stanton Jr., James Stanton, and Terry Gamache.

The committee also discussed the value of land accordingly with current sales in Potamo Township with high value at $2,400 per acre and low value of $525 per acre.

County Engineer gave update on the cost of a Public Cartway estimating that it would be 22 feet wide, side slope ditches, culvert, class 5 gravel and ½ mile long would cost approximately $40,000; Non-Public cartway- driveway type would be 14 feet wide ½ mile long would cost $28,000, construction cost only.

The County Board discussed with the committee another option of a cartway that would come off the east side of Co. Rd 4, 9th St. SW with 1/8 of a mile of roadway which would follow Jon Meikle and James Stanton Property.

Motion was made by Commissioner Arnesen to amend the petition from Petitioners David and Mary Schrandt to include the S-SE landowners of Section 2 and NE landowners of Section 11, Twp 160, Range 33 and requested Attorney Nora Crumpton to notify them and set the continuation of Public Hearing for October 22, 2013 at 1:00 p.m. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried with Commissioner Nordlof abstaining.

Motion was made by Commissioner Arnesen to close the public hearing at 2:45 p.m. and open the regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

LAKEWOOD HEALTH CENTER –Public Health

Michelle Brown, LakeWood Public Health Nurse/Director met with the board and discussed her 2014 budget with the board. The board reviewed the increase of $4,439 with a total budget for 2014 at $93,220 compared to 2013 budget of $88,781.

Commissioner Arnesen

Commissioner Arnesen excused himself at 2:57 p.m. from the meeting for he had another meeting scheduled later at the NWA that he needs to attend.

GIZIIBII COUNCIL

Commissioner Beckel reported to the board that at the last GIZIIBII council meeting they discussed the option of dissolving the organization due to loss of federal funding. Commissioner Beckel felt that they should not dissolve this council at this time, and to finish the projects that have started at this time. She will be voting no on the vote that will take place to dissolve at the September meeting.

HUMAN RESOURCE DEPARTMENT

Human Resource Director, Philip Miller met with the board to discuss the Human Resource Assistant Job-grade/step, County Attorney Position, Human Resource Director’s Position, Chief Deputy Treasurer’s grade and step and advertised job of the Property Tax Administrator’s Position.

Property Tax Administrator

Human Resource Director, Philip Miller informed the board that they will be interviewing three applicants on August 28, 2013.

Human Resource Director Position

Human Resource Director, Philip Miller discussed in the interim what types of situations should be sent out of house and what can stay in house. All situations start with Human Resource Assistant, Dena Pieper.

Amend Agenda

Motion was made by Commissioner Beckel to amend the agenda and add for approval for the following: Chief Deputy Treasures grade/step Paraprofessional/Legal Secretary grade/step. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Chief Deputy Treasurer

Motion was made by Commissioner Moorman to approve a grade 12, step G, $21.73 per hour for Chief Deputy Treasurer, Dawn Christianson effective September 1, 2013. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Para/Legal Secretary

Motion was made by Commissioner Beckel to approve a grade 10, step L, $21.35 per hour for Para/Legal Secretary, Dena Pieper effective September 1, 2013. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Chairman Hanson requested to place the Paraprofessional-Legal Secretary/Human Resource Assistant grade and step on the September 10, 2013 agenda.

COORESPONDENCE

The following correspondences were acknowledged: SWCD, MN Pollution Control Agency-Williams Old School.

Recess

With no further business before the board, Chairman Hanson called the meeting to recess at 4:14 p.m.

Attest:                                                                                     Approved: September 10, 2013

____________________________                                        _______________________________

Janet E. Rudd, Deputy Auditor                                             Thomas Hanson, Chairman of the Board

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Commissioner Proceedings

August 30, 2013

The Lake of the Woods County Board of Commissioners met in special  session on Friday, August 30, 2013 in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Hanson called the meeting to order at 8:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Ed Arnesen, Thomas Hanson, and Buck Nordlof. Absent was Ken Moorman.  Also present were: Deputy Auditor Janet Rudd, Chief Deputy Treasurer Dawn Christianson and County Auditor/Treasurer, Mark E. Hall.

Approval of Agenda

Motion

Motion was made by Commissioner Beckel to approve the agenda. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Public Works Department

Chairman Hanson on behalf of the County Board of Commissioners thanked Ed Spires for his years of service with the county and presented him the following:

Resoltuion

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

Recognition of years of service

Edward Spires

Resolution 2013 – 08-02

Whereas:  Ed Spires has served the residents of Lake of the Woods County since January 1, 1989 as the Solid Waste Program Manager;

Whereas:  Ed Spires has retired from Lake of the Woods County service effective August 31, 2013;

Now Therefore, Be it Resolved:  That Lake of the Woods County Board of Commissioners extends its deepest appreciation to Ed for his dedicated service and best wishes to him;

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

County Auditor/Treasurer

Property Tax Administrator Position

County Auditor/Treasurer, Mark E. Hall met with the board requesting authorization to place newly hire Property Tax Administrator, Stacy Novak on grade 10 step G, due to her qualifications and knowledge of this position.

Motion

Motion was made by Commissioner Nordlof to place Stacy Novak, Property Tax Administrator on grade 10, step G, 19.36 per hour. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Recess

With no further business before the board, Chairman Hanson called the meeting to recess at 8:50 a.m.

Attest:                                                                                     Approved: September 10, 2013

____________________________                                        _______________________________

Janet E. Rudd, Deputy Auditor                                             Thomas Hanson, Chairman of the Board