Commissioner Proceedings

December 11, 2007

The Lake of the Woods County Board met in regular session on Tuesday, December 11, 2007, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Bredeson, Patty Beckel, Todd Beckel, Arnesen and Moorman.  Also present were: Deputy Auditor Janet Rudd, Wade Johannesen and Penny Mio Hirst. Chairman Todd Beckel called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance. 

Motion by Commissioner Patty Beckel to approve the agenda with the following additions:  Auditor- claims; Attorney- MN Power and Light Company Tower Space Agreement; Resolution of support for the Wheeler’s Point Sewer District; BWSR appointment and remove George Swentik’s consent agenda and place under GIZIIBII’s time. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the consent agenda as follows: travel for Jodi Ferrier to East Grand Forks on December 19, 2007 for licensing investigations. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the minutes of November 27, 2007.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Chairman Todd Beckel welcomed Senator Saxhaug to the meeting. Senator Saxhaug congratulated the community on the school levy passing; discussed that he attended a meeting with the Education Finance Committee along with other Superintendents urging the committee to come up with more financing for school districts; discussed the tax bill for local government aid; Transportation Bill; HWY 11 Task Force- stating the need of State dollars for this project; Handed out spreadsheets of total wetland habitat, deepwater habitat, total upland, total county area and percent of upland for all 87 counties.  Chairman Todd Beckel opened up the floor for comments from constituents:  The following is a summarization of concerns:

Wetland rules and regulations; swimming pool levy and why the bill was allowed to pass; smoking law; deficit of the State, property tax classification for commercial properties; new formula for school funding, Hwy 11 needs for State help; Targeted Case Management-support of State funding for loss of federal funds; request that the Senator meet with the City of Williams to discuss the sewer problems, and gas tax increase.

The Commissioners thanked Senator Saxhaug for attending the meeting.

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

Motion by Commissioner Bredeson to approve the claims against the county as follows:

Commissioners’ Warrants       $32,679.88

Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

The meeting was called to recess at 10:08 a.m. and reconvened at 10:18 a.m. as follows:

The board discussed the 2008 Standard IRS Mileage Rates; rate for business miles was set at 50.5 cents per mile.

Motion by Commissioner Bredeson to set the mileage rate at the standard IRS rate for 2008.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

The board discussed committee updates as follows:  Soil and Water Conservation District (SWCD) will not be going with the County Health Insurance due to the cost and SWCD employees will receive a two step increase for 2008; the Roseau Co-op will be energizing the power line at the NW Angle; Department Heads requested copies of goals from the Committee of the Whole meeting.

County Surveyor, Donn Rasmussen met with the board and gave the following summary of county projects which Widseth, Smith and Nolting worked on in 2007: section corner re-monumentation, support GIS department, plat checks, Clementson property boundary line issues, and records maintenance.

The following resolution was proposed by Commissioner Bredeson and moved for adoption:

RESOLUTION 07-12-02

Appointment of County Surveyor

WHEREAS, M.S.389.011 provides that the term of office for the County Surveyor

by appointment must be licensed in Minnesota as a land surveyor; and

WHEREAS, A county surveyor appointed or elected after July 1, 1961, before entering upon duties, in addition to such bond and oath of office as is required to be filed, shall file certified evidence of license as a land surveyor for record with the county recorder and each license period thereafter while holding such office or designation shall file certified evidence of the license renewal for the then current period with the county recorder on or before the license expiration date.

NOW THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners hereby appoints Donn Rasmussen as the County Surveyor for the term beginning January 1, 2008 and ending December 31, 2008.

Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Commissioner Patty Beckel requested a resolution of support from the board for the Wheelers Point Sanitary District to send letters of support to Senator’s and others for financial help with the project. Commissioner Patty Beckel will put this item on the next board agenda.

Commissioner Todd Beckel informed the board that Minnesota Rural Counties Caucus (MRCC) has nominated him to be a delegate to the WCA Permanent Rules Advisory Committee.

Motion by Commissioner Arnesen to authorize Commissioner Todd Beckel to accept the nomination and appointment to the WCA Permanent Rules Advisory Committee. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

SharRay Feickert representing the Baudette Community Foundation/Grand Theater met with the board to discuss the property tax classification status of the Grand Theater and informed the board that the Grand Theater would be applying for property tax exemption. She requested that the county pay the March, 2008 payment to CHI.

Motion by Commissioner Bredeson that Lake of the Woods County pay the next quarterly payment due in March, 2008 in the amount of $2,750 for the Grand Theater to CHI with the funding from the Economic Development Fund. Seconded by Commissioner Patty Beckel and the vote carried as follows: Yeas: Commissioner Bredeson, Moorman, Todd Beckel and Patty Beckel; Nays:  Commissioner Arnesen.

Motion by Commissioner Arnesen to support the tax exempt property status for the Grand Theater.  Seconded by Commissioner Todd Beckel and the same being put to a vote was unanimously carried.

Deputy Auditor, Dale Boretski met with the board requesting approval of claims.

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

                                                Revenue                      $          49,973.32

                                                Road & Bridge           $           92,034.00

                                                County Development  $             1,360.56

                                                Solid Waste                 $           13,196.35156,564.23

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON 12/11/2007 FOR PAYMENT 12/15/2007

      AMOUNT   VENDOR NAME                                                   AMOUNT   VENDOR NAME

          424.58 AMERI PRIDE LINEN & APPAREL SE                   5881.27 ED ARNESEN

          350.00 ASSN OF MN COUNTIES                                           462.08 BEST WESTERN – KELLY INN

          683.56 CANON FINANCIAL SERVICES                              1063.31 CATCO

      59980.80 CLARK EQUIP CO DBA BOBCAT                             456.29 CO-OP SERVICES, INC.

        7840.53 FRONTIER PRECISION INC                                     1259.53 GCR TIRE CENTER

          510.00 GOVERNMENT TRAINING SERV                             900.00 LEE HANCOCK

        1111.08 HOLTE IMPLEMENT, INC                                        992.27 HOWARD’S OIL COMPANY

      21800.00 INNOVATIVE BLDG SOLUTIONS                          4558.20 INSIGHT TECHNOLOGIES, INC

        1404.17 WADE JOHANNESEN                                                799.22 LAKE OF THE WOODS FOODS

        1820.00 LAKEWOOD FARMS INC                                        4757.93 LOW HIGHWAY DEPT

        6648.75 MAR-KIT LANDFILL                                               3612.00 MAXIMUS, INC

          528.64 JIMMY MCCOURT                                                   2761.77 MN COUNTIES COMPUTER CO-OP

          413.86 JEROME MOLINE                                                    1139.30 KENNETH MOORMAN

        5414.19 LAW MOREN                                                             850.28 THE NORTHERN LIGHT

          907.47 NW ANGLE & ISLAND FREIGHT                             597.79 NORTHWEST MECHANICAL SERVICE I

          352.08 QUILL CORPORATION                                              400.00 RINKE-NOONAN

        1664.31 RODERICK RONE JR                                                3500.00 SJOBERG’S INC

          468.59 STREICHERS’S                                                           507.10 US FOOD SERVICE

          623.82 VOYAGEURS COMM INC                                         658.55 WEST GROUP

        1585.56 WIDSETH SMITH NOLTING&ASSTINC

54 PAYMENTS LESS THAN  $300       6,875.35

FINAL TOTAL    $156,564.23

Further moved to authorize the payment of auditor’s warrants as follows:

                                                November 28, 2007    $ 329,334.39

                                                December   4, 2007     $   76,749.63

Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

George Swentik, Chairman for the GIZIIBII RC&D Council met with the board to give a council update.  He reported that GIZIIBII secured a grant in the amount of $229,700 for the Williams Seed Company pilot project for Bio Gasification; the council is researching switch grass, winter canola and has worked hard on renewable energies. He also explained that there still is grant money available for Dry Hydrants.  The consensus of the board was to have him go forward with one (1) Dry Hydrant. George requested re-appointment to the GIZIIBII Council for 2008.

Motion by Commissioner Arnesen to appoint George Swentik, as member at large, for Lake of the Woods County to the GIZIIBII Council for 2008. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Chairman Todd Beckel discussed George Swntik’s consent agenda request.  George explained that the Washington D.C. airfare and motel cost are paid by the State. He explained his request was for per diem and mileage to the Twin Cities and back.

Motion by Commissioner Arnesen to authorize George Swentik to travel for GIZIIBII to the following: St. Cloud on Jan.30 for MARC&D meeting, to Washington D.C. on Feb. 24-28 for Leadership Training/Lobbying, to Rochester on March 9-11 for NCRC&D Mid Central States Regional Meeting and pay for meals, mileage and per diem according to Lake of the Woods Personal Policy.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

The meeting was called to recess at 11:50 a.m. and reconvened at 1:00 p.m.

Motion by Commissioner Bredeson to close the regular meeting at 1:00 p.m. and open the Public Hearing as advertised for consideration of adoption of an Ordinance pursuant Minn. Stat. §84.87, Subd. 4 authorizing counties to enact an ordinance to raise the speed limit of snowmobiles to 65 miles per hour on lakes greater than 10,000 acres.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Chairman Todd Beckel opened the Public Hearing and asked for comments from the floor.  No comments were heard and no letters were received.

Motion by Commissioner Bredeson to close the Public Hearing at 1:08 p.m. and reconvene the regular meeting.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

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

Resolution No. 07-12-01

Ordinance to Raise Speed Limit for Snowmobiles on Lake of the Woods

WHEREAS, Lake of the Woods County is authorized under Minn. Stat. § 84.87, Subd. 4 to enact an ordinance to raise the speed limit for snowmobiles on lakes larger than 10,000 acres.

NOW, THEREFORE, BE IT ORDAINED, by the Commissioners of Lake of the Woods County as follows:

The Board of Commissioners of Lake of the Woods County Ordains:

SNOWMOBILE SPEED LIMIT

ARTICLE 1- ADMINISTRATION

Authority:      Minnesota Statues §84.87, Subd. 4 authorize counties to enact an Ordinance to raise the speed limit of snowmobiles to 65 miles per hour on lakes greater than 10,000 acres.

Purpose:         The purpose of this Ordinance, which is enacted pursuant to Minnesota Statutes, is to increase the speed limit up to 65 miles per hour for snowmobiles traveling on marked trails during daylight hours on lakes greater than 10,000 acres.

ARTICLE 2- DEFINITIONS

The following words and phrases, when used in this ordinance, unless the content clearly indicates otherwise, shall have the meanings given them in this section.

• “Daylight Hours”– means the hours between sunrise and sunset.
• “Lakes Greater Than 10,000 Acres” – The following lake in Lake of the Woods County that is greater than 10,000 acres:  Lake of the Woods
• “Marked Trail”– means snowmobiles trails established and posted in accordance with 6100.5300 of Minnesota Rules.
• “Operate” – as defined in Minn. State.§ 84.81, Subd. 5, “Operate” means to ride in or on and control the operation of a snowmobile.
• “Snowmobile” – as defined in Minn. Stat. § 84.81, Subd.3 “Snowmobile” means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners.

ARTICLE 3 – GENERAL PROVISIONS

Snowmobiles operating within Lake of the Woods County may travel up to the rate of 65 miles per hour when traveling on marked trails during daylight hours on Lake of the Woods.

ARTICLE 4- UNLAWFUL ACTIVITY

Notwithstanding the General provision of Article 3 of this Ordinance, it remains unlawful for any person to drive or operate any snowmobile at a rate of speed greater than is reasonable or proper under all of the surrounding conditions or circumstances.

ARTICLE 5- ENFORCEMENT

Conservation officers and other licensed peace officers are authorized to enforce the provisions of this Ordinance consistent with any authority imposed by statute.

ARTICLE 6- EFFECTUATION

This Ordinance shall be effective upon passage by the Lake of the Woods Board of Commissioners and approval of the Commissioner of Natural Resources.  Upon approval by the Commissioner of Natural Resources, Snowmobile Speed Limit Ordinance shall be disseminated to the appropriate law enforcement agencies.

This Ordinance was declared adopted by the Lake of the Woods County Board of Commissioners on the 11^th day of December, 2007.

Seconded by Commissioner Moorman. It was adopted on the following vote:

Yeas:     Commissioner Arnesen, Patty Beckel, Todd Beckel, Moorman and Bredeson.

Nays:     None

Absent: None

This ordinance shall be in full force and effect upon adoption pursuant to Minnesota law.

Attest:                                                                         Approved:

_________________________                                  _______________________

Janet E. Rudd, Deputy Auditor                                 Todd Beckel, Chairman

After review, and in accordance with Minn. Stat. §84.87, Subd. 4, this Ordinance is hereby approved this ________ day of ___________, 2007.

__________________________________

Mark Holsten

Commissioner, Dept. of Natural Resources

(This Ordinance does not become effective until approved by the Commissioner of the Department of Natural Resources, once approved; this Ordinance will be published separately)

Interim County Attorney Michelle Moren and Lake of the Woods County Economic Development Director, Wyatt Johnson met with the board  to discuss the Headwaters Regional Development Commission (HRDC) Contract for Services for financial due diligence for grant and loan request. Michelle reported that everything looked fine except the indemnification of insurance is not in the contract, but the board could waive this as this is a very low risk contract.

Motion by Commissioner Patty Beckel to authorize the Chairman to sign the contract for services between HRDC and Lake of the Woods County effective December 1, 2007.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to close the regular meeting at 1:30 p.m. and open the Public Hearing as advertised for consideration of adoption of an Ordinance on Administrative Offense Tickets. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Chairman Todd Beckel opened the Public Hearing and asked for comments from the public.  No comments were heard and no letters were received. Commissioners asked Chief Deputy Sheriff, Jim Walton if this Ordinance will cause extra work for the department and the Attorney’s department.  Jim informed them it would not generate any extra work, but it serve as an extra tool for the deputies to use.  Interim County Attorney, Michelle Moren commented it will be less work for her office, as none of the Administrative Offenses Tickets would go through her office.

Motion by Commissioner Patty Beckel to close the Public Hearing at 1:45 p.m. and reconvene the regular meeting.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

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

Resolution No. 07-12-03

Administrative Offenses Tickets

WHEREAS, Lake of the Woods County is enacting an Ordinance of Administrative Offenses Tickets.

WHEREAS, AnAdministrative Offenses Tickets is a violation of a provision of a Lake of the Woods Ordinances or State Law and is subject to the administrative penalties set forth in the schedule of offenses and penalties.  And administrative offense is not a crime.

NOW, THEREFORE, BE IT ORDAINED, by the Commissioners of Lake of the Woods County as follows:

ADMINISTRATIVE OFFENSE ORDINANCE

Purpose:  Administrative offense procedures established pursuant to this Section are intended to provide the public and the County of Lake of the Woods with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain Lake of the Woods County Ordinance and State Law provisions.  The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to payment of the administrative penalty as is provided for thereafter, the individual may withdraw from participation in the procedures, in which event the County may bring criminal charges in accordance with law. Likewise, the County of Lake of the Woods in its discretion may choose not to initiate an administrative offense and may bring criminal charges in the first instance.  In the event a party participates in the administrative offense procedures, but does not pay the monetary penalty which may be imposed, the County of Lake of the Woods will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.

            Section 1.        DEFINITIONS.  Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions.  For purposes of this Ordinance the following words and terms when used herein shall have the following meanings unless the context clearly indicates otherwise. 

            Administrative Offense.  An administrative offense is a violation of a provision of a Lake of the Woods County Ordinance or State Law and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in Section 7, entitled “Offenses and Penalties”, hereafter. An administrative offense is not a crime.

            Section 2.        NOTICE.  The following employees of the County shall have the authority to issue notices for administrative offenses:

• The Lake of the Woods County Sheriff and Sheriff’s Deputies.
• The Fire Chief and Assistant Fire Chief.

Upon determining there has been a violation, a notice shall be given to the violator or in the case of a vehicular violation a notice of the violation may be attached to the vehicle. Said notice shall set forth the nature, date and time of the violation, the name of the official issuing the notice, and the amount of the scheduled penalty.

            Section 3.        PAYMENT.  Once such notice is given, the alleged violator may within ten (10) days of the time of issuance of the notice, pay the full amount set forth in the schedule of penalties for the violation.  The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation.  The payments shall be made to the Lake of the Woods County Treasurer.

            Section 4.        COURT APPEARANCE REQUEST.  Any person contesting an administrative offense pursuant to this Section may, within ten (10) days of the time of the issuance of the notice, request a District Court appearance.  A person requesting a District Court appearance will be issued a traffic and/or criminal citation/summons for the violation and a Court date will be scheduled. The administrative offense procedure will then terminate.

            Section 5.        FAILURE TO PAY.   In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes.  If the penalty is paid within the time limits stated above, no such criminal charge will be brought by Lake of the Woods County for the same violation. 

            Section 6.        DISPOSITION OF PENALTIES.  All penalties collected pursuant to this Section shall be paid to the County of Lake of the Woods, deposited in a designated account in the County’s General Fund.

            Section 7.        OFFENSES AND PENALTIES.  Offenses which may be charged as administrative offense and the penalties for such offenses will be established by resolution of the Lake of the Woods County Board from time to time. Copies of such resolution(s) shall be maintained in the Office of the Lake of the Woods County Auditor.

            Section 8.        SUBSEQUENT OFFENSE.  In the event a party is charged with a subsequent administrative offense, within twelve (12) months for the same or substantially similar offense, the subsequent administrative penalty shall be increased by twenty-five percent (25%) (except speeding).

            Section 9.        EFFECTIVE DATE.  This Ordinance shall become effective upon its passage and publication as provided by law.

SCHEDULE OF ADMINISTRATIVE OFFENSES AND PENALTIES

Failure to Obey Traffic Signals – M.S. § 169.06                                      $50

(Signs, Signals & Markings)

Speeding – M.S. § 169.14 (Speed Limits, Zones & Radar)                     $50

Improper Lane use – M.S. § 169.18  (Driving Rules)                               $50

Improper Turns – M.S. § 169.19                                                               $50

(Turning, Starting & Signaling)

Failure to Yield Right of Way – M.S. § 169.20  (Right of Way)             $50

Stopping or Parking on a Roadway – M.S. § 169.35  (Parking)               $50

Littering – M.S. § 169.42  (Littering)                                                       $50

Failure to Use Passenger Restraint for Children – M.S. § 169.685          $50

(Seatbelt Passenger Restraint System for Children)

Seat Belt Violation – M.S. § 169.686  (Seatbelt Use Required)              $50

Trespass – M.S. § 609.605  (Trespass)                                                      $50

Disorderly Conduct – M.S. § 609.72  (Disorderly Conduct)                   $50

Public Nuisance – M.S. §609.74                                                               $50

Unlawful Deposit of Garbage – M.S. § 609.68                                        $50

(Unlawful Garbage)

Loud Exhaust – M.S. § 169.69  (Muffler)                     $50

Exhibition Driving – M.S. § 169.13                                                          $50

(Reckless or Careless Driving)

Off-Road Vehicle Violations – M.S. § 84.795;    § 84.805;                     $50

(Off-Road Vehicle Operation)

Snowmobile Violations – M.S. § 84.83;  § 84.88                                     $50

(snowmobiles)

ATV Violations – § 84.929                                                                       $50

Unlawful Smoking – M.S. § 609.681                                                       $50

Freedom to Breathe Act Violations – M.S. § 144.417                             $50

Driving without valid driver’s license – M.S. § 171.02                            $50

Dog – Public Nuisance  –    M.S § 347.04                                                $50

Animals – Running at Large  – M.S § 346.16                                           $50

Others as established by Resolution                                                         $50

Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Commissioners asked Interim County Attorney, Michelle Moren how the City of Baudette Law Enforcement contract was proceeding. Michelle reported that it is in the process.

Chairman Todd Beckel presented a resolution that was requested by Headwaters Regional Development Commission, Laurie Kramka, Development Specialist for the approval of JOBZ modification for acreage swap.

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

RESOLUTION NO.  07-12-04

APPROVING JOBZ MODIFICATION

WHEREAS, the State of Minnesota implemented the Job Opportunity Building Zone (JOBZ) Program on January 1, 2004, and

WHEREAS, the Lake of the Woods County Board approved, by resolution dated August 12, 2003, specific areas designated as tax free zones and the State of Minnesota has approved those sub-zones within the Lake of the Woods County, and

WHEREAS, ANI is planning to incorporate a line expansion onto Parcel No. 60.51.05.010 and this parcel is currently not located in an approved Subzone.  Therefore, ANI has requested a sub-zone modification that may impact the tax basis for a portion of the property known as Parcel No. 60.51.05.010 (Approximately:  4,742 square feet to be impacted), and

WHEREAS, an ‘acreage swap’ is required by the State of Minnesota for each acre (or part of an acre) involved in a Subzone modification and Lake of the Woods County has approved that the acreage swap shall be taken from the northeast corner of Parcel No. 30.04.24.000 (JOBZ s.f. size approximately: 4,742 square feet), located in approved Subzone 2D, and

WHEREAS, job creation and economic growth is an important priority for Lake of the Woods County, and

WHEREAS, if ANI’s request for JOBZ designation and for a zone modification is approved by the City of Baudette at a public hearing, therefore

BE IT RESOLVED that the Lake of the Woods County Board at its meeting held on 11th day of December, 2007, upon careful consideration and review, approves the exchange of 4,742 square feet of the northeast corner of Subzone 2D Parcel No. 30.04.24.000 for 4,742 square feet in a new JOBZ Parcel No. 60.51.05.010, contingent upon the City of Baudette approving ANI for a JOBZ designated business at its public hearing.

Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

With no further business before the board, Chairman Todd Beckel called the meeting to recess at 2:12 p.m.

ATTEST:                                                                                             Approved: December 18, 2007

____________________________                                                    ____________________________

Janet E. Rudd, Deputy Auditor                                                         Todd Beckel, Chairman

Commissioner Proceedings

December 18, 2007

The Lake of the Woods County Board met in regular session on Tuesday, December 18, 2007, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Bredeson, Patty Beckel, Todd Beckel, Arnesen and Moorman.  Also present were: County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, Wade Johannesen and John Oren. Chairman Todd Beckel called the meeting to order at 8:10 a.m. and led the Pledge of Allegiance. 

Motion by Commissioner Bredeson to approve the agenda with the following additions:  travel for Rita Krause to Brainerd on January 9-10 for Child Support Training; County Sheriff for approval of cell phone purchases, Auditor for approval of Resolution for Health Savings Account. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the consent agenda as follows: travel for Mark Hall, John W. Hoscheid and Dale Boretski to Minnetonka on January 15-18 for MACO Winter Conference; Josh Stromlund to Maple Grove on January 6-7 for Wet Land Technical Committee and Rita Krause to Brainerd on January 9-10 for Child Support training. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Moorman to approve the minutes of December 11, 2007.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

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

Motion by Commissioner Arnesen to approve the claims against the county as follows:

Commissioners’ Warrants       $9,398.45

Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Nancy requested approval of the following contracts:

Motion by Commissioner Moorman to approve the contract between Connie Anderson Aagard (CJA Consulting) and Lake of the Woods County Social Services for 2008, for the provision of individual and family therapy services, and consultation, training, and clinical supervision to agency staff, and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the contract between the Lake of the Woods County MIS Department and Lake of the Woods County Social Services for 2008, for the provision of MIS services, and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for 2008, for the provision of homemaker services, respite care services, companion services and personal care services and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for 2008, for the provision of skilled nursing services, home health aide services, and in-service education and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Moorman to approve the contract between the Occupational Development Center, Inc. and Lake of the Woods County Social Services for 2008, for the provision of employment and training services and independent living skills services, and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the MR/RC contract between Rainy River Waivered Services and Lake of the Woods County Social Services for 2008, for the provision of adult in-home support services, and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the contract between Lutheran Social Services of Minnesota and Lake of the Woods County Social Services for 2008, for the provision of family based services, including intensive in-home treatment and CADI/TBI family counseling and training services, and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same.  Seconded by Commissioner Patty Beckel land the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to approve the contract between Lake of the Woods County and Rural Minnesota CEP (RMCEP) for the delivery of Minnesota Family Investment Program (MFIP) and Diversionary Work Program (DWP) employment related services for 2008 with option for a one year extension for 2009, and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried. 

Motion by Commissioner Bredeson to approve the 2008-2009 Biennial Title IV-D Cooperative Agreement with the Minnesota Department of Human Services and the Lake of the Woods County Offices of Social Services, Sheriff, and County Attorney to set forth their respective responsibilities in providing services necessary for the operation of the child support enforcement program under Title IV-D of the Social Security Act., and to compensate said county entities with respect to reimbursement for costs incurred in providing services necessary to operate the Child Support Enforcement System in Lake of the Woods County and authorize Nancy Wendler, Social Services Director, Michelle Moren, Interim County Attorney, and Dallas Block, County Sheriff  to sign same.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the contract between Robyn Sonstegard and Lake of the Woods County Social Services effective 12/15/07 – 05/31/08, for the provision of providing assistance and consultation for the duties of the Fiscal Officer position,  and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same

Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Moorman to approve the contract between MeritCare/Northwest Medical Center and Lake of the Woods County Social Services for 2008, for the provision of emergency mental health services, and to authorize Chairman Todd Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

County Auditor, John W. Hoscheid met with the board requesting approval of claims.

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

                                                Revenue                      $          24,851.60

                                                Road & Bridge           $           11,750.64

                                                Solid Waste                 $            5,668.8542,271.09

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON 12/18/2007 FOR PAYMENT 12/21/2007

AMOUNT   VENDOR NAME                                                  AMOUNT   VENDOR NAME

          350.20 ACCLAIM BENEFITS                                               1833.70 ANDY’S GARAGE, INC.

    406.40 BRAD’S PLUMBING & HEATING, INC                         2161.78 CO-OP SERVICES, INC.

    388.79 JOHN HOSCHEID                                                             745.16 HYATT REGENCY MINNEAPOLIS

    660.00 LAKEWOOD NURSING SERVICE                                 1319.19 MILLENNIUM HOTEL

    345.50 JEROME MOLINE                                                          1325.68 NORTH EAST TECHNICAL SERVICE,I

   3556.60 NORTHERN OVERHEAD DOOR CO                              833.33 NW MN HOUSEHOLD HAZARDOUS

    492.82 QUILL CORPORATION                                                    875.58 R & Q TRUCKING, INC

   2000.00 RESERVE ACCOUNT                                                      376.00 SILVER CREEK EMBROIDERY

    308.12 GEORGE SWENTIK                                                       3500.00 T & M SALES  DBA

    350.74 T R JOBBING                                                                15150.00 UNIVERSITY OF MN

    552.30 WEST GROUP                                                                 2688.71 WOODY’S SERVICE

17 PAYMENTS LESS THAN  $300       2,050.49

FINAL TOTAL     $42,271.09

Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

County Auditor, John W. Hoscheid presented the resolution of adoption of the 2008 Budget and Tax Levy.

RESOLUTION ADOPTING 2008 BUDGET AND TAX LEVY

Resolution No. 2007-12-05

The following Resolution was proposed and moved for adoption by Commissioner Ed Arnesen.

WHEREAS, the certified county budget for the year 2008 has been reviewed by the Lake of the Woods County Board of Commissioners; and

NOW THEREFORE, BE IT RESOLVED that the following certified budget and tax levy is hereby adopted for the Lake of the Woods County for 2008:

                        Revenue Fund                       $1,192,091

                        Road & Bridge                      $   436,555

                        Welfare                                  $   542,156

                        Total                                       $2,170,802

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2008:

                        Twp Road & Bridge             $  384,076*

                        Twp Fire – Baudette              $    19,000

                        Williams                                 $    26,400

                        NW Angle                              $      6,500

                        Total                                       $  435,976

$7,500 of which is specifically levied to NW Angle residents and designated for Calcium Chloride in the NW Angle

Seconded by Commissioner Patricia Beckel, and the same being put to a vote was unanimously carried.

County Auditor, John W. Hoscheid presented a resolution for amendment to the Lake of the Woods Flexible Spending Account (FSA) Plan to include the Health Savings Account (HSA) on a pre-tax basis with a limited scope within the FSA.

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

Resolution 07-12-06

Resolution Amending the Lake of the Woods County Flexible Spending Account

WHEREAS, Lake of the Woods County previously adopted the Lake of the Woods County Flexible Spending Account Plan on July 1, 1990;

WHEREAS, Lake of the Woods County considers it desirable and in the best interests of the Plan to amend the Plan;

NOW, THEREFORE, pursuant to the authority reserved in the Plan to allow amendments to the Plan, the Plan is amended as follows:

• The Plan shall make available to Eligible Employees the health savings account (HSA) benefit on a pre-tax basis.
• A limited health reimbursement account shall be established with a maximum coverage amount of $3,000.

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County Flexible Spending Account Plan be and the same is amended effective January 1, 2008;

BE IT FURTHER RESOLVED, that any proper members of the Board of Commissioners are hereby authorized to make such contributions from the funds of the Employer as are necessary to carry out the provisions of said plan at any time; and

BE IT FURTHER RESOLVED, that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the Companyshall resolve such conflict in a manner which complies with ERISA or such law or regulation.

Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

The Commissioners discussed the Committee of the Whole meeting and the goals that were discussed. The following goals were discussed: Development Fund with the possibility of creating a designated revolving loan fund; County Efficiencies to explore and analyze the structure of county offices and possibility of combining offices under fewer department heads; Appointment of County Attorney verses Elected; added long term County Building plans.

Jeff Poolman, representing the Depot Preservation Alliance (DPA) informed the board of a grant that is available from the Minnesota Historical Society and MnDOT offering transportation themed grants, with the minimum grant award of $100,000 which would require a 20% cash match. The grant also requires that the DPA have a local county sponsor for this project.

Motion by Commissioner Todd Beckel to authorize Lake of the Woods County Public Works Director as the local county sponsor and authorizes a letter of commitment in the amount of $25,000 to the DPA towards the grant application with the Minnesota Historical Society. If the grant is awarded to the DPA, the $25,000 commitment from Lake of the Woods County will become a loan to the DPA with terms and conditions set forth at that time. Seconded by Commissioner Moorman. Chairman Todd Beckel called for a roll call: 

Yeas:  Commissioners Todd Beckel, Moorman and Patty Beckel; Nays: Commissioners Arnesen and Bredeson.  Absent: None. Motion carried.

Commissioner Arnesen excused himself from the meeting at 10:22 a.m. due to other obligations.

The meeting was called to recess at 10:24 a.m. and reconvened at 10:27 a.m. as follows:

Public Works Director, Bruce Hasbargen met with the board requesting approval for travel on April 20-24 to the National Association of County Engineers Annual Conference in Portland Oregon. The board requested that Bruce come back with more information.

Public Works Director, Bruce Hasbargen requested approval for final payment for M & K Bridge Construction  Inc. and gave the final over runs and under runs report.

Motion by Commissioner Todd Beckel to accept the County Public Works director’s Certificate of Performance for SP 39-598-35 and SP 39-598-52 for M & K Bridge Construction, Inc. of Walnut Grove, MN in the total amount of $528,302.40 and hereby authorize final payment of $26,415.12.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Public Works Director, Bruce Hasbargen informed the board that the membership renewal from the Minnesota Transportation Alliance was received and wanted to know if the county still wanted to be a member, and if so, the county should attend the Rally that is scheduled in March.

Motion by Commissioner Bredeson to maintain the membership with the Minnesota Transportation Alliance. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Land and Water Planning Director, Josh Stromlund met with the board and informed them that he was officially appointed to the Wet Land Technical Committee which will review the proposed language changes.

Commissioner Patty Beckel presented a resolution of support for the Wheeler’s Point Wastewater System.

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

Resolution No. 07-12-05

Resolution of Support

Wheeler’s Point Wastewater System

WHEREAS, the Wheeler’s Point Sanitary District is located in a densely populated area of Lake of the Woods County;

WHEREAS, the economic base within the project area and Lake of the Woods County as a whole, is heavily based to the tourism industry;

WHEREAS, growth in the Wheeler’s Point area, a major destination of the County’s tourism industry, has been stymied by the areas lack of sufficient land to handle additional wastewater treatment systems;

WHEREAS, the Minnesota Pollution Control Agency (MPCA) has indicated that future expansion of the business facilities located in the Wheeler’s Point area will not be approved until such time as the existing wastewater treatment systems are increased or upgraded;

WHEREAS, the existing property owners within the Wheeler’s Point area do not have the financial capacity, nor sufficient area, to make the necessary improvements to establish a compliant sanitary sewer system due to current setback regulations from wells and structures;

WHEREAS, wastewater infrastructure is necessary to maintain the water quality of the Rainy River and Lake of the Woods;

THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board of Commissioner’s support the Wheeler’s Point Sanitary Districts request for funds to establish a wastewater system.

Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

County Sheriff, Dallas Block met with the board requesting permission to purchase two new cell phones for his department.

Motion by Commissioner Bredeson to authorize County Sheriff, Dallas Block to purchase two new cell phones, contingent upon the Technology Committees Cell Phone policy. The Technology Committee will be meeting Wednesday, December 19, 2007.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

The board discussed agenda items for the year end meeting on December 31, 2007.

With no further business before the board, Chairman Todd Beckel called the meeting to recess at 11:14 a.m.

ATTEST:                                                                     Approved:       December 31, 2007

_____________________________                          ____________________________

John W. Hoscheid, County Auditor                           Todd Beckel, Chairman

Commissioner Proceedings

December 31, 2007

The Lake of the Woods County Board met in regular session on Monday, December 31, 2007, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Bredeson, Patty Beckel, Todd Beckel, Arnesen and Moorman.  Also present were: County Auditor John W. Hoscheid and John Oren. Chairman Todd Beckel called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance. 

Motion by Commissioner Arnesen to approve the agenda with the following additions and deletions: Correspondence: Department of Natural Resources, Mental Health Grant and remove Veteran’s Service Officers from the agenda.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the consent agenda as follows: travel for Monique Arnesen to Grand Rapids on February 4-6, March 6-7 and April 9-11 for Social Worker Core training. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the minutes with changes of December 18, 2007.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

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

Motion by Commissioner Arnesen to approve the claims against the county as follows:

Commissioners’ Warrants       $ 12,807.55

Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

County Auditor, John W. Hoscheid met with the board requesting approval of claims.

Motion by Commissioner Bredeson to approve the claims against the county with the exception of claim number 173: 

                                                Revenue                      $  52,761.86   

                                                Road & Bridge           $    4,233.44     

                                                Solid Waste                 $     1,602.99                 58,598.29

WARRANTS FOR PUBLICATION                

WARRANTS APPROVED ON 12/31/2007 FOR PAYMENT 12/31/2007

    AMOUNT   VENDOR NAME                                            AMOUNT   VENDOR NAME

              1525.29 AMERICAN SOLUTIONS FOR BUSINES          1600.00 ANOKA COUNTY

                479.25 AUSTIN TOWING                                                410.85 BRAD’S PLUMBING & HEATING, INC

              2067.62 CO-OP SERVICES, INC.                                   21216.00 ELK RIVER CHRYSLER, INC

              1560.00 FAR NORTH PUBLIC TRANSIT                          342.19 GARY’S AUTO

                817.00 HOLIDAY INN – ST. CLOUD                               451.95 HOLIDAY INN RIVERCENTRE

              1404.17 WADE JOHANNESEN                                        2500.00 KOOCHICHING CO AUDITOR

                311.65 LAKE ROAD DIESEL INC                                   682.86 LIFE-ASSIST, INC

                370.62 LUTHERAN SOCIAL SERVICE OF MN              671.18 MN COUNTIES COMPUTER CO-OP

                937.00 MN COUNTIES INSURANCE TRUST                  991.09 MN DEPT OF TRANSP

                600.00 MN OFFICE OF ENTERPRISE TECHNO             387.00 KENNETH MOORMAN

              5355.02 LAW MOREN                                                       771.40 NORTRAX EQUIPMENT COMPANY

                324.92 PITNEY BOWES INC.                                        5550.00 PRO-WEST & ASSOCIATES, INC

                342.78 PUBLIC SAFETY CENTER, INC                          319.50 SANDPIEPER DESIGN

                430.20 TONY DORN, INC.                                               412.24 US FOOD SERVICE

                553.21 JAMES WALTON                                                 625.00 WIDSETH SMITH NOLTING&ASST INC

49 PAYMENTS LESS THAN  $300       4,588.30

FINAL TOTAL     $58,598.29

Further moved to authorize the payment of auditor’s warrants as follows:

                                                December 19, 2007     $162,833.36

                                                December 20, 2007     $185,551.50

Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Sue Ney, Chairman of the Compensation Plan Committee met with the board and presented the recommendation from the committee for the new position of Administrative Assistant for the Sheriff’s office.

Motion by Commissioner Moorman to approve the recommendation from the Compensation Plan Committee to place the new position of Administrative Assistant-Sheriff’s Office on the Compensation Structure as a grade 8.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Human Resources Director, Wade Johannesen met with the board to discuss the Professional Services Contract for the Human Resources Director.

Motion by Commissioner Patty Beckel to renew the Professional Service Contract for Human Resources Director as presented, effective January 1, 2008 and terminating December 31, 2008 and to authorize the County Board Chairman, Interim County Attorney and County Auditor to sign.  Seconded by Commissioner Todd Beckel and the same being put to a vote was unanimously carried.

Human Resources Director, Wade Johannesen met with the board requesting approval for the Telephone Policy, authorization to hire a Social Services Fiscal Officer and to advertise and hire a vacant Social Services Case Aide.

Motion by Commissioner Moorman to approve the Lake of the Woods County Telephone Policy as presented.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to authorize Social Services Director, Nancy Wendler and Human Resources Director, Wade Johannesen to hire a Social Services Fiscal Officer.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to authorize Social Services Director, Nancy Wendler and Human Resources Director, Wade Johannesen to advertise and hire a Social Services Case Aide.  Seconded by Commissioner Todd Beckel and the same being put to a vote was unanimously carried.

County Assessor, Wayne Bendickson met with the board and updated them on the progress of the CAMA program.

The Board discussed the 2008 Committee Directory. Human Resources Director, Wade Johannesen recommended to combine the Compensation Plan Committee and the Personnel Committee.  Board consensus was to approve the combining with Wade Johannesen to serve as facilitator and a nonvoting member.

The following committees will be added:  Regional Radio Board, Lake of the Woods Affordable Housing, County TV and Highway 11 Task Force.  The board removed the Committee of Accountable Time Keeping.  The appointments to committees will take place on January 8, 2008 Organizational meeting.

Public Works Director, Bruce Hasbargen met with the board and requested approval to attend the National Association of County Engineers’ Annual Meeting.

Motion by Commissioner Arnesen to authorize the Public Works Director to attend the national Association of County Engineers’ Annual Meeting and Management & Technical Conference in Portland, Oregon, April 20-24, 2008.  Seconded by Commissioner Bredeson and the vote carried as follows:  Voting Yeah:  Commissioners Bredeson, Moorman, Patty Beckel and Arnesen.  Voting Ney: Commissioner Todd Beckel.

County Auditor, John W. Hoscheid presented an application for an off-sale combination intoxicating liquor license.

Motion by Commissioner Patty Beckel to approve an off-sale combination intoxicating liquor license for Sportsman’s of Oak Island Lodge from January 10, 2008 to June 30, 2008 contingent upon approval of the County Sheriff and Interim County Attorney.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

County Auditor, John W. Hoscheid requested approval to authorize a temporary loan to the Forfeited Tax fund to mitigate a temporary negative balance.

Motion by Commissioner Moorman to authorize a temporary loan to the Forfeited Tax fund to mitigate a temporary negative cash balance.  Seconded by Commissioner Bredeson and the same being put to a vote, was unanimously carried.

Motion by Commissioner Bredeson to approve claim number 173.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

The board reviewed the correspondence from the Department of Natural Resources in regards to the Ordinance for the Snowmobile speed limit and the CY2008 and 2009 Adult Mental Health Grant Awards.

Motion by Commissioner Arnesen to call the meeting adjourned at 12:45 p.m.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

ATTEST:                                                                     Approved:       January 22, 2008

_____________________________                          ____________________________

John W. Hoscheid, County Auditor                           Todd Beckel, Chairman