February, 2007

Commissioner Proceedings

February 13, 2007

The Lake of the Woods County Board met in regular session on Tuesday, February 13, 2007, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Patty Beckel, Todd Beckel, Moorman, Arnesen and Bredeson.  Also present was County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst 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 addition:  Catastrophic Leave Illness Policy, Board of Equalization meeting on June 11, 2007 at 9:00 a.m., MCIT board of directors meeting update, consent agenda for Phil Miller to travel to Minnesota Counties Attorney Association board of director’s meeting, Cormorant study, Trails and remove Mike Reed’s appointment with the board at 10:00 a.m. 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  Holly House on March 13-15 to Brooklyn Park for Homeland Security Governor’s Conference; Rita Krause on February 25-27 to St. Paul for Child Support Guideline Committee; Ted Furbish on February 27-28 and March 1 to Bloomington for MN Air-Water-Waste Conference; Phil Miller on February 5 to St. Paul “Revealing Meth in MN” meeting; Bruce Hasbargen and Dan Crompton to St Cloud for Bridge Safety Inspection Seminar on March 9; Josh Stromlund to St. Cloud on March 22-23 for Land Use Meeting.   Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the January 23, 2007 minutes.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Social Services Director, Nancy Wendler met with the board to request approval of catastrophic vacation time donation for staff member and claims.

Motion by Commissioner Bredeson to approve the claims against the county with the exception of claim number 2975 as follows:

Commissioner warrants $23,117.18

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

Motion by Commissioner Patty Beckel to support the request of Social Services Director, Nancy Wendler for Catastrophic Leave Illness Policy.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

MIS Director, Brent Birkeland and Social Services Director, Nancy Wendler discussed the overage cost of the purchase of the SSIS Computer rack, claim number 2975.The overage was due to the unexpected shipping cost.

Motion by Commissioner Arnesen to approve claim number 2975 for $3,046.16. 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 and requested approval for claims, FAR North Transit contract, MCPP agreement, and re-appointment of committee member for MCIT and MCIT board of directors meeting.

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

                                                Revenue                       $ 40,876.49

                                                Road & Bridge $ 37,029.71

                                                Co. Development         $   6,284.00

                                                Solid Waste                  $ 20,544.16

                                                                                    $104,734.36

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  2/13/2007 FOR PAYMENT  2/16/2007

         AMOUNT   VENDOR NAME                                                    AMOUNT   VENDOR NAME

          669.95 ACCLAIM BENEFITS                                                    369.92 AMERI PRIDE LINEN & APPAREL SE

          715.05 AMERICAN SOLUTIONS FOR BUSINES                     3714.72 ARROW PRINTING

          914.06 AUTO VALUE                                                              550.00 BLUE MAXX RECYCLING

          308.21 CANON FINANCIAL SERVICES                                 5145.78 CO-OP SERVICES, INC.

          533.01 CRAGUNS LODGE & CONFERENCE CEN                  1567.90 DELL MARKETING, LP

          516.00 DLT SOLUTIONS, INC                                                  554.80 DODDS LUMBER

          407.07 EMBASSY SUITES                                                      525.00 HOFFMAN, DALE, & SWENSON, PLLC

          618.90 HOLTE IMPLEMENT, INC                                            1576.08 HOWARD’S OIL COMPANY

        4172.16 HSBC BUSINESS SOLUTIONS                                   8692.82 INFORMATION SYSTEMS CORPORATIO

          301.32 INSIGHT PUBLIC SECTOR                                          3034.79 JAKE’S QUALITY TIRE INC

          900.00 KKWQ – BORDER BROADCASTING                          2468.09 LAKES GAS CO.

      18274.00 LAVALLA SAND & GRAVEL INC                                556.87 LAWSON PRODUCTS, INC.

          325.00 PAT LECLAIRE ELECTRIC (DBA)                               8740.50 LOW HIGHWAY DEPT

      10480.95 MAR-KIT LANDFILL                                                     979.71 MARRIOTT INTERNATIONAL

          395.00 MN CHIEFS OF POLICE ASSOCIATIO                        2910.07 MN COUNTIES COMPUTER CO-OP

        2100.00 MN RURAL COUNTIES CAUCUS                               5000.00 MN TURF SEED COUNCIL, INC

          606.72 JEROME MOLINE                                                       1002.46 KENNETH MOORMAN

        1610.28 NORTHERN FARMERS CO-OP                                    422.49 PITT & QUARRY SUPPLIES, INC

        1541.60 LESLIE PULLAR                                                           582.12 QUILL CORPORATION

        1244.01 RODERICK RONE JR                                                    350.00 JIM THOMPSON BOAT CANVAS

          634.90 TONY DORN, INC.                                                       305.09 TRUE VALUE

          430.00 WEST CENTRAL JAIL ADMINISTRATO                       602.25 WEST GROUP

        2206.75 WIDSETH SMITH NOLTING&ASST INC

57 PAYMENTS LESS THAN  $300       5,177.96

FINAL TOTAL    $104,734.36 

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

                                                January 23, 2007          $  39,945.97   

                                                January 30, 2007          $ 416,766.44

                                                February 6, 2007         $   97,269.05

                                                February 7, 2007         $169,382.72

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

Motion by Commissioner Bredeson to re-appointment to the MCIT committee Commissioner Patty Beckel as delegate and Commissioner Moorman as alternate. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to authorize the Chairman to sign the 2007 Public Transit Service Agreement.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to authorize the Chairman to sign the 2007 Minnesota City Participation Programs Agreement and remit a check payable to the Minnesota Housing Finance Agency for $1,020.00 with the funds coming from unallocated.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

County Auditor, John W. Hoscheid informed the board of the MCIT orientation meeting for new board members.

John Oren, President of the Brink Center met with the board to discuss a freezer that Lutheran Social Service Nutrition ordered for the Brink Center, without anyone on the Brink Center board of directors ever being consulted about the purchase.

Motion by Commissioner Bredeson to authorize a transfer of funds from the designated Brink Center account for $5,000 to the Brink Center. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

The meeting was called to recess at 9:55 and reconvened at 10:02 a.m. as follows:

Public Works Director, Bruce Hasbargen met with the board.

Motion by Motion by Commissioner Bredeson to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-598-49 and S.A.P. 39-598-57 for  Lian Construction of Warroad, MN in the total amount of $215,264.00 and hereby authorize final payment of $10,763.20.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carries.

Motion by Commissioner Patty Beckel to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-601-22 for Spruce Valley Corporation of Middle River, MN  in the total amount of $1,576,936.24 and hereby authorize final payment of $89,396.65.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-613-03, S.A.P. 39-625-05 and   S.A.P. 39-602-16 for Northstar Materials, Inc. of Bemidji MN in the total amount of $1,423,890.06 and hereby authorize final payment of $71,194.51. Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to transfer Unit 86, a 1989 L9000 Tandem Truck, from the Public Works Department to the Baudette-Lake of the Wood County Airport Commission.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Bruce requested the board to review the letter sent by Nels Nelson to vacate a portion of right of way up at the Angle.  Bruce informed the board that he sent Nels a letter explaining the process of vacating right of ways. Bruce also presented to the board, draft recommendations on Contractor’s Hiring Procedures.

Motion by Commissioner Arnesen to enter into a Joint Powers Agreement with Independent School District 390 for the overlay of approximately one mile of road located at Lake of the Woods Public School Access contingent upon approval of County Attorney Philip Miller.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

The board discussed the construction of the Salt and Sand Storage Facility.  With shortage of time, this was tabled until later in the day.

Chairman Todd Beckel at 11:00 a.m., as advertised, called for opening of bids for a Telescopic tool handler.  The following bid was opened:

Bobcat of Bemidji         $73,540.71

Motion by Commissioner Moorman to accept the Public Works Director’s recommendation to award the bid for the purchase one (1) new telescopic tool handler (loader) from Bob Cat of Bemidji, the lowest responsible bidder, for the amount of $73,540.71.  The loader will be purchased with funds budgeted.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

The meeting was called to recess at 11:16 a.m. and reconvened at 11:18 a.m. as follows:

Bill Haggerty and Tom Pueringer met with the board to discuss their proposal of “Cooperative Ownership” of the Lake of the Woods Campground and requested a letter from the County stating the County’s position or it’s concerns regarding the proposal that was presented. No board action was taken.

The meeting was called to recess at 12:10 a.m. and reconvened at 1:00 p.m. as follows;

Chairman Todd Beckel closed the meeting at 1:00 p.m. and as advertised opened the Planning Commission.

Darvin Oelke                Lot 2& 3, Block 1,                   A Conditional use Permit as

                                    Himberg Estates Plat                 required by the Lake of the Woods

                                    Section 10, T-160N,                County Zoning Ordinance and the

                                    R-30W            ( Gudrid TWP) Rainy/Rapid River Shoreland

                                                                                    Management Ordinance, to allow

                                                                                    the applicant to move more than

                                                                                    fifty (50) cubic yards of material and

                                                                                    place a camper trailer outside of the

                                                                                    shore impact zone of the Rainy

                                                                                    River.

Steven Goodwin           The shoreland area of               A Conditional Use Permit as

                                    Silver Creek lying                     required by the Lake of the Woods

                                    within the NW1/4 of the            County Zoning Ordinance, to allow

                                    SE1/4 of Section 10,                the applicant to conduct a semi-

                                    T-160N, R-30W                      public use consisting of a church

                                    (Gudrid TWP)                          retreat/campground in the shoreland

                                                                                    area of Silver Creek within a

                                                                                    Residential development District.

Land and Water Planning Director, Josh Stromlund presented Darvin Oekle’s Conditional Use Permit to the board.  No comments from the floor were heard and a letter was read and acknowledge from Jeff and Janice Santor was read; Steve Goodwin’s Conditional Use Permit was presented to the board.  Comments from the floor were heard  and a letter was read and acknowledge from Severn Holte.

The Planning Commission was closed at 1:45 p.m. the regular meeting was opened at 1:50 p.m. as follows:

Land and Water Planning Director, Josh Stromlund informed the board that Lake of the Woods  was removed from the Red River Valley Water Supply Project; On March 7 & 8 there will be a meeting in International Falls for the International Lake of the Woods Water Quality Forum.

Corryn Trask, Resource Technician from Soil and Water Conservation District met with the board and presented the 2006 Annual Report of Activities and Accomplishments for the Lake of the Woods Soil and Water Conservation District.

Human Resource Director, Leslie Pullar met with the board to discuss background checks on newly hired employees. She explained that Association of Minnesota Counties endorses a company called “Employee Relations Inc.”.

Motion by Commissioner Patty Beckel to authorize Human Resource Director, Leslie Pullar to utilize Employee Relations Inc. for newly hired employees for background checks and authorize Chairman Todd Beckel to sign the agreement.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Deputy Auditor, Dale Boretski met with the board and discussed the class he attended with the Minnesota Department of Revenue; Introduction to Property Tax Administration.

Public Works Director, Bruce Hasbargen met with the board to continue the discussion of the Salt and Storage Building.  The consensus of the board was to build on County Property versa State Property; requesting County Auditor, John W. Hoscheid and Public Works Director, Bruce Hasbargen to determine funding source and report at the March 13, 2007 meeting.

No action was taken on the transferring of fuel funds from the Revenue Department to the Highway Department.

Commissioner Moorman talked about the Madoll’s Lot and informed the board that he would like to facilitate this issue.

The Commissioners discussed the following topics with no action:  Cormorant study; Pandemic Flu Meeting; Beltrami State Forest Trails with the Red Lake Band closing approximately 10 miles of snowmobile trails that are on their land; Thank-you note from the Minnesota Wild Hockey Club.

County Auditor, John W. Hoscheid informed the board that Shawn Byrne from Public Employee Insurance Program will be here on March 6, 2007 to conduct an educational session on Health Saving Account.  The Commissioners requested that all county employees’s who utilize the county health insurance try to attend one of the sessions.

The Commissioners set February 20, 2007 at 8:00 a.m. for a special session to discuss with Department Heads the 2006 year-end budgets.

With no further business with the board, Chairman Todd Beckel called the meeting to recess at 4:00 p.m.

Attest:                                                                          Approved:        February 27, 2007

_____________________________                          ______________________________

John W. Hoscheid, County Auditor                               Todd Beckel, Chairman of the Board

Commissioner Proceedings

Special County Board Meeting

February 20, 2007

The Lake of the Woods County Board meeting met in special session on Tuesday, February 20, 2007, in the Jury Room of the Lake of the Woods County Government Center, with the following members present:  Commissioners T.Beckel, P.Beckel, Bredeson, Moorman and Arnesen.   Also present was County Auditor John W Hoscheid.  Chair T.Beckel called the meeting to order at 8:00 a.m. and led the Pledge of Allegiance. 

Motion by Commissioner Arnesen to approve the agenda for the special meeting today.  Seconded by Commissioner P.Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to add the EOP Grant to the consent agenda.  Seconded by Commissioner P.Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve Chair T.Beckel to sign the EOP grant.  Seconded by Commissioner P.Beckel and the same being put to a vote was unanimously carried.

Meeting with the board to review Year End 2006 Revenue and Expenditure Guidelines were the following departments: Auditor, Treasurer, Land and Water, Recorder, Assessor, Emergency Management, Attorney, GIS/MIS, Veteran’s Service, Sheriff and Social Services. 

The board will continue to review Social Services and Highway at another date.

There being no further business before the Board, Chair T.Beckel declared the meeting in recess at 12:20 p.m.

Attest:                                                             Approved:  February 27, 2007

________________________________        ____________________________________

John W Hoscheid                                           Todd Beckel

County Auditor                                               Chair of the County Board

Commissioner Proceedings

February 27, 2006

The Lake of the Woods County Board met in regular session on Tuesday, February 28, 2007, in the Auditorium at the Lake of the Woods School with the following members present:  Commissioners Bredeson, Patty Beckel, Arnesen and Todd Beckel and Ken Moorman..  Also present were County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren. The meeting was held at the School so Mr. Krause social studies classes could attend to fulfill classroom requirements for county government. Chairman Todd Beckel called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance. 

Motion by Commissioner Bredeson to approve the agenda with the following additions:  GIZIIBII, Spiny Water Fleas, NACO, Trails and WACA.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to approve the consent agenda as follows:  Jodi Ferrier to St. Cloud on March 5-7 and April 16-18 for Social Work Core Training; Josh Stromlund to Little Falls on March 15-16 and May 1-2 for Planning and Zoning Workshops, St. Cloud on March 22-23 for workshops, April 10-11 to Brainerd for Wetland Conference and April 19-20 to Detroit Lakes for ISTS Rule Revisions.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the minutes of February 13, 2007.  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 February 20, 2007.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Social Service Director, Nancy Wendler met with the board giving a brief summary to the students on the functions and responsibilities of the county Social Service Department.

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

Commissioners’ warrants          $32,322.53

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

Commissioner Patty Beckel informed the board of the Spiny Water Fleas that are threatening

Lake of the Woods and informed the board that the DNR will be educating the public this summer.

The board discussed the per diem procedures used for appointed member at large on the GIZIIBII committee. No action was taken at this time.

Land and Water Planning Director, Josh Stromlund met with the board and gave a brief summary to the students on the Land and Water Planning Department’s functions and responsibilities for the county.  Josh discussed the consideration of  request for a  conditional use permit for Darvin Oekle on Lot 2 & 3, Block 1, Himberg Estates Plat in Sec. 10, T-160N, R-30W    as required by the Lake of the Woods County Zoning Ordinance and the Rainy/Rapid Rivers Shoreland  Management Ordinance  to allow the applicant to move more than fifty (50) cubic yards of material and place a camper trailer outside of the shore impact zone of the Rainy River.

Chairman Todd Beckel went through the Findings of Fact and Decision for Darvin Oekle’s request for a conditional use permit. Below is the result of The Findings of Facts:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant Darvin Oelke                                                      Date  February 27, 2007

Project Proposal  To allow applicant to move more than fifty (50) cubic yards of material and place a camper trailer outside of the shore impact zone of the Rainy River.

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?                                                                                                           YES (X)  NO (  )

Why or why not?  Erosion control measures have been addressed by proposing to seed the fill pad area and constructing a retaining wall.  A port-a-potty is proposed to handle septage.

2. Is the requested use consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                    YES (X) NO (  )

Why or why not?  Erosion control has been addressed to minimize the potential of sedimentation and nutrient loading.

3. Will the requested use not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                            YES (x )  NO ( )

Why or why not?  It will not adversely affect the site’s topography by establishing the camper/RV pad.

4. Is the requested use’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?                                                        YES (X)  NO (  )

Why or why not?  It is not located within the floodplain.

5. 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 requested use?

                                                                                                            YES (X)  NO (  )

Why or why not?  Proposed plans identify erosion control methods.

6. Is the site in harmony with existing and proposed access roads?        

                                                                                                            YES (X)  NO (  )

Why or why not?  The proposal is adjacent to Highway 11.

7. Is the requested use compatible with adjacent land uses?

                                                                                                            YES (X)  NO (  )

Why or why not?  Camper/RV sites are and have been developed along the Rainy River.

8. Does the requested use have a reasonable need to be in a shoreland location?

                                                                                                            YES (X)  NO (  )

Why or why not?  All of the land is within the Rainy/Rapid Shoreland Management jurisdiction.

9. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate such?                             YES (X)  NO (  )

Why or why not?  Port-a-potty is proposed indicating limited use.  Camper gray water is a question of how it will be disposed of (contained unit or holding tank).

10. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance or Section 5.3 of the Rainy/Rapid Rivers Shoreland Ordinance?                                                                    YES (X)  NO (  )

Why or why not?  Shore impact zone buffer still present along Rainy River.

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

                                                                                                            YES (X)  NO (  )

Why or why not?  Adjacent lots have well and septic.

12.  Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the use will generate?                YES (X)  NO (  )

Why or why not?  Ample recreation opportunities exist on the Rainy River.  A boardwalk & dock can be utilized to access across the aquatic vegetation.

If all answers to the Findings of Fact-Criteria are “Yes” by a majority vote, 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. 

The specific conditions of approval are as follows:  Retaining wall and drainage tile to be built prior to or concurrent to the fill being placed on property to prevent erosion of sediment.  The camper shall be kept temporary (on property less than 180 consecutive days) and shall remain mobile in nature.

Approved  (X)       Denied  (  )

This is in accordance with Section 1104 of the Lake of the Woods Zoning Ordinance and Section 3.4 of the Rainy/Rapid Rivers Shoreland Ordinance.

Motion by Commissioner Bredeson to approve the conditional use permit for Darvin Oekle on Lot 2 & 3, Block 1, Himberg Estates Plat in Sec. 10, T-160N, R-30W with the specific conditions set forth: Retaining wall and drainage tile to be built prior to or concurrent to the fill being place on property to prevent erosion of sediment.  The camper shall be kept temporary (on property less than 180 consecutive days) and shall remain mobile in nature. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Josh discussed the consideration of request for a conditional use permit for Steve Goodwin on Silver Creek lying within the NW1/4 of the SE1/4 of Sec. 10, T-160N, R-30W as required by the Lake of the Woods County Zoning Ordinance, to allow the applicant to conduct a semi-public use consisting of a church retreat/campground in the shoreland area of Silver Creek within a Residential Development District.

Chairman Todd Beckel went through the Findings of Fact and Decision for Steve Goodwin’s request for a conditional use permit. Below is the result of The Findings of Facts:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant  Steve Goodwin                                                    Date  February 27, 2007

Project Proposal  To allow the applicant to conduct a semi-public use consisting of a church retreat/campground in the shoreland area of Silver Creek within a Residential Development District.

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?                                                                                                           YES (X)  NO (  )

Why or why not?  This proposal requires a Department of Health plan review.  Each site has access of the loop road and erosion control was addressed as part of the WCA Restoration Order.

2. Is the requested use consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                    YES (X) NO (  )

Why or why not?  Wetland impact has been addressed.  The ditches have erosion control and have been seeded.  The pads for the camping sites have no direct runoff potential to surface waters.  Vegetative buffer along shoreline remains intact.  The required storm water plan should have addressed temporary and permanent erosion control.

3. Will the requested use not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                            YES (X)  NO (  )

Why or why not?  It has affected the site’s existing topography by road construction, pad development, and pavilion site.  Also, area was cleared of vegetation and existing drainage was altered but in order to achieve the goal of a campground this was necessary.

4. Is the requested use’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?                                                        YES (X)  NO (  )

Why or why not?  It is not within floodplain.

5. 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 requested use?

                                                                                                            YES (X)  NO (  )

Why or why not?  Erosion control was addressed as part of the WCA Restoration Order.        

6. Is the site in harmony with existing and proposed access roads?        

                                                                                                            YES (X)  NO (  )

Why or why not?  Adjacent to county road and a loop road has been developed.

7. Is the requested use compatible with adjacent land uses?

                                                                                                            YES (X)  NO (  )

Why or why not?  Semi-public use would be allowed if solely in non-shoreland area.  Surrounding zoning classifications are Residential Development and Natural Environment.

8. Does the requested use have a reasonable need to be in a shoreland location?

                                                                                                            YES (X)  NO (  )

Why or why not?  By moving the proposed activity farther to the East on the property, additional wetland impact may occur.           

9. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate such?                             YES (X)  NO (  )

Why or why not?  Port-a-potties to be utilized which indicates short duration use is proposed.  

10. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance or Section 5.3 of the Rainy/Rapid Rivers Shoreland Ordinance?                                                                    YES (X)  NO (  )

Why or why not?  Sites will be farther than the required 100 foot setback from Silver Creek.    

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

                                                                                                            YES (X)  NO (  )

Why or why not?  Upland soil is present and wells have been drilled in the adjacent area.

12. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the use will generate?                YES (X)  NO (  )

Why or why not?  Navigability of Silver Creek to the Rainy is questionable.  This limiting factor will restrict the type, use, and numbers of watercraft. 

If all answers to the Findings of Fact-Criteria are “Yes” by a majority vote, 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. 

The specific conditions of approval are as follows:  Quiet hours have been set at 9:00pm.  A one (1) year review of this proposal shall be conducted.  Approval must be granted by the Minnesota Department of Health of the site plan.  Camper/trailers must remain mobile and temporary in nature.  Camper/trailers can remain on property for up to seven (7) consecutive days.  The use of the campers/trailers shall be limited to “not for profit” organizations and at no charge for events.

Approved  (X)       Denied  (  )

This is in accordance with Section 1104 of the Lake of the Woods Zoning Ordinance and Section 3.4 of the Rainy/Rapid Rivers Shoreland Ordinance.

Motion by Commissioner Bredeson to approve the Conditional Use Permit for Steve Goodwin on Silver Creek lying within the NW1/4 of the SE1/4 of Sec. 10, T-160N, R-30W as required by the Lake of the Woods County Zoning Ordinance, to allow the applicant to conduct a semi-public use consisting of a church retreat/campground in the shoreland area of Silver Creek within a Residential Development District with the specific conditions set forth: Quiet hours have been set at 9:00 p.m. A one (1) year review of this proposal shall be conducted.  Approval must be granted by the Minnesota Department of Health of the site plan.  Campers/trailers must remain mobile and temporary in nature.  Camper/trailers can remain on property for up to seven (7) consecutive days.  The use of the campers/trailers shall be limited to “not for profit” organizations and at no charge for events. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

University of Minnesota Local Extension educator, Agriculture Production Systems, Canola/Grass Coordinator, Derek Crompton met with the board and gave a brief review of his job responsibilities and accomplishments so far.

Public Works Director, Bruce Hasbargen met with the board requesting approval for Drug and Alcohol Testing Rates, appointment of committee members for Ditch 1, Transit Funding 2007 resolution and final payment of S.P. 39-595-01.

Motion by Commissioner Moorman to enter into an MCIT Drug and Alcohol Testing Participation Agreement Addendum #2: Change in Drug Testing Rates and authorize the Chairman and Auditor to sign.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to appoint the following individuals to the Ditch #1 Committee, Randy Bergan, Larry Cole, Rita Krause, Rex Muggli and Scott Pieper.  Seconded by Commissioner Patty Beckel 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. 07-02-01

A RESOLUTION REQUESTING

COMPREHENSIVE ROAD AND TRANSIT FUNDING IN 2007

WHEREAS, all Minnesota counties benefit from an efficient and adequately funded transportation system that offers diverse modes of travel; and

WHEREAS, due to budget constraints, counties are increasingly deferring maintenance on their 30,000 miles of county state aid highways, 15,000 miles of county roads, and over 7,000 bridges; and

WHEREAS, local cost participation requirements for trunk highway projects are putting undue pressure on county highway budgets; and

WHEREAS, the main source of funding, County State Aid Highway Funding is declining and property taxes, and local bonding are having to shoulder more of the burden; and

WHEREAS, the recently approved constitutional amendment that phases in dedication of 100 percent of the motor vehicle sales tax (MVST) for transportation purposes will address only a fraction of the transportation funding needs in Minnesota, and total MVST revenues are not meeting projections; and

WHEREAS, transportation analysts in consultation with the Minnesota Department of Transportation (MnDOT) estimate Minnesota will have to invest an additional $1.5 billion  per year in transportation infrastructure for the next ten years in order to meet identified needs; and

WHEREAS, transportation infrastructure maintenance and improvement costs significantly contribute to rising property taxes; and

WHEREAS, lack of state funding has delayed regionally significant road construction and reconstruction projects across Minnesota; and

WHEREAS, Minnesota’s transportation system is failing to meet the capacity needs necessary to sustain population growth and promote economic development; and

WHEREAS, congestion, inefficient transportation systems and lack of transportation choices lead to greater dependence on foreign oil, increased environmental degradation, and economic disadvantages for Minnesota’s businesses and residents; and

WHEREAS, many rural roads are not built to modern safety standards and are not meeting the needs of industries that depend on the ability to transport heavy loads; and

WHEREAS, current funding for roads and transit systems across all government levels in Minnesota is inadequate, and this under-investment hinders Minnesota’s economic competitiveness.

NOW, THEREFORE, BE IT RESOLVED BY THE  LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS that this COUNTY requests that in 2007 the Minnesota Legislature pass a comprehensive transportation funding package that permanently increases dedicated funding for transportation; and

BE IT FURTHER RESOLVED BY THE  LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS that this COUNTY requests that in 2007 Governor Tim Pawlenty allow a comprehensive transportation funding package that permanently increases dedicated funding for transportation that is passed by the Legislature to become law; and

BE IT FURTHER RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS, THE COUNTY OF LAKE OF THE WOODS supports funding options including, but not limited to, the following:

  • An increase in the gas tax of 10 cents phased in over a two year period.
  • Indexing of the gas tax;
  • Increases in vehicle registration taxes;
  • Trunk highway bonding of $100 million per year over a 10-year period;
  • General obligation bonding for local roads and bridge;
  • Authority for counties to levy up to a ½ percent increase in the state sales tax dedicated for transportation purposes; and
  • Authority for counties to levy up to $20.00 wheelage fee; and
  • Authority for counties to impose a transportation impact fee; and

BE IT FURTHER RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS that this COUNTY define a comprehensive transportation-funding package as an initiative that permanently increases dedicated funding for state and local road and transit systems in Greater Minnesota and the Metropolitan Area.

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

Motion by Commissioner Bredeson to accept the County Public Works Director’s Certificate of Performance for S.P. 39-595-01 for Affordable Electric of Roseau, Inc. of Roseau, MN in the total amount of $425,979.80 and hereby authorize final payment of $21,298.98.  Seconded by Commissioner Todd Beckel and the same being put to a vote was unanimously carried.

Chairman Todd Beckel at 11:00 a.m., as advertised, called for opening of bids for a Bituminous Surfacing of the following:  S.A.P. 39-601-26, S.A.P. 39-639-02, S.A.P. 39-626-04, S.A.P. 39-623-03, School # 390 and the Public Works Parking Lot.  The following bids were opened:

Minn – Dak Asphalt Inc.                       $1,470,757.50

Central Specialties                                $1,698,690.14

Northern Paving Inc.                             $1,440,133.27

North Star Materials                             $1,374,702.64

Public Works Director, Bruce Hasbargen will bring back the recommendation to award the bid at the March 13, 2007 meeting.

County Auditor, John W. Hoscheid met with the board and requested approval of claims and Oak Harbor Liquor License.

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

Revenue                       23,989.15

Road and Bridge          65,564.33

Co. Development            2,548.00

Solid Waste                     5,908.77

                                    98,010.25

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  2/27/2007 FOR PAYMENT  3/02/2007

         AMOUNT   VENDOR NAME                                                  AMOUNT   VENDOR NAME

          494.14 AMERICAN SOLUTIONS FOR BUSINES                     2088.93 ANDY’S GARAGE, INC.

          680.31 BEST WESTERN – KELLY INN                                   1879.48 CO-OP SERVICES, INC.

        2139.90 DELL MARKETING, LP                                                 300.00 GIZIIBII RESOURCE CONS & DEV

          330.00 GOVERNMENT TRAINING SERVICES                        1178.48 GRAINGER, INC

        7560.00 IBM CORPORATION                                                   1000.00 JOINT POWERS NATURAL RES BRD

        6396.00 LAKEWOOD FARMS INC                                             329.64 LOCATORS SUPPLIES INC

        2500.00 MN COUNTIES INSURANCE TRUST                             333.25 MN DEPT OF TRANSP

          436.12 JEROME MOLINE                                                       1617.50 NORTH EAST TECHNICAL SERVICE,I

          833.74 NW MN HOUSEHOLD HAZARDOUS                         1436.60 LESLIE PULLAR

          460.21 QUILL CORPORATION                                             51371.44 R & Q TRUCKING, INC

          522.84 RODERICK RONE JR                                                    630.00 SERVICE400

        3500.00 SJOBERG’S INC                                                           990.46 SOFTWARE HOUSE INTERNATIONAL,

          515.08 WEST GROUP                                                           2173.00 WIDSETH SMITH NOLTING&ASST INC

        2980.20 WOODY’S SERVICE

32 PAYMENTS LESS THAN  $300       3,332.93

FINAL TOTAL     $98,010.25

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

February 13, 2007 245,165.74

February 21, 2007   29,075.09

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

Motion by Commissioner Patty Beckel to approve the On-Sale/Sunday Intoxicating Liquor License for Warroad Recreation Inc. DBA Oak Harbor Golf Course for the period of April 15, 2007 to October 15, 2007 upon the approval of County Sheriff and County Attorney.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

The Commissioners discussed usage of the “Commissioners’ Room”.  The board decided to bring this to the Department Heads meeting for further discussion and input.

The meeting was called to recess at 11:57 a.m. and reconvened at 1:00 p.m. as follows:

Meeting with the board was DNR Wildlife Area Manager, Jeff Dittrich, DNR NW Regional Director, Mike Carroll and landowner Dean Bernard.  Jeff requested that a land acquisition be permitted on a 634.18 acre parcel in the East ½ of Sec 1 and the East ½ of Sec. 12, Twp 161N, R 33W in McDougald Township. The rational for the acquisition is that the DNR is interested in acquiring the parcel, because it fits the existing state ownership well.  It is bordered by state land on three sides, so it helps round the Graceton WMA. The board discussed the request.  Mike Carroll informed the board of the Pilot Project the DNR is coordinating, which will work with a formal process of inventory of State Lands that they own within Lake of the Woods County.

Motion by Commissioner Arnesen to table the DNR land acquisition request until the March 13, 2007 meeting.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Far North Transit Coordinator, Steve Butler met with the board and gave the 2006 year-end report.

MIS Director, Brent Birkeland met with the board and gave a brief summary to the students of the functions his department is responsible for within the county.  Brent requested approval to purchase a Data Protection Unit and a Data Base Server and informed the board that he will be taking training classes on line.

Motion by Commissioner Bredeson to approve the purchase of a Data Protection Unit up to $14, 000.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the purchase of a Data Base Server as budgeted.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

County Assessor, Wayne Bendickson met with the board and requested permission to hire Vanguard to create the parcel listing for the new CAMA program.

Motion by Commissioner Arnesen to authorize County Assessor, Wayne Bendickson to hire Vanguard to create the parcel listing for the new CAMA program and to allocate up to $3,000 with the funding from the unallocated account.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Commissioner Todd Beckel informed the board of the phone call he received from the President of NACO requesting him to travel to Washington D.C. to discuss the expansion of the authority for the Corps of Engineers’.  The consensus of the board was they were in support of the request; he informed the board that the Red Lake Band was closing ten (10) miles of snowmobile trails in Beltrami Island State Forest and Lake of the Woods County.

Commissioner Bredeson informed the board that they offered a position for the Economic Development Coordinator.

With no further business before the board, Chairman Todd Beckel called the meeting to recess at 2:45 p.m.

Attest:                                                              Approved:        March 13, 2007

____________________________                _______________________

John W. Hoscheid, County Auditor                   Todd Beckel, Chairman

January, 2007

Commissioners’ Proceedings

Organizational Meeting

January 2, 2007

The Lake of the Woods County Board of Commissioners met in organizational session on January 2, 2007 in the Commissioners’ Room of the Lake of the Woods County Government Centerwith the following members present: Commissioner Arnesen, Todd Beckel, Patty Beckel , Bredeson and Moorman.  Also present were: John Oren, County Auditor John W. Hoscheid , County Recorder Sue Ney and Deputy Auditor Janet Rudd. County Auditor John W. Hoscheid called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance.

County Recorder , Susan Ney administered the Oath of Office to Commissioners Todd Beckel and Ken Moorman.

County Auditor John W. Hoscheid called for nominations for Chairman of the County Board for the year 2007.  Commissioner Patty Beckel nominated Commissioner Todd Beckel with Commissioner Moorman seconding the nomination.  Commissioner Bredeson nominated Commissioner Arnesen for Chairman. Motion died for a lack of a second.  County Auditor called for nominations two more times.  County Auditor closed the nominations for Chair and called for a roll call for Commissioner Todd Beckel for Chairman.  Roll called carried as follows: All in favor: Commissioners Bredeson, Patty Beckel, Moorman, Arnesen and Todd Beckel.  Commissioner Todd Beckel assumed the position of the Chairman of the Board of County Commissioners for 2007.

Chairman Todd Beckel called for nominations for the position of Vice-Chairman for the year 2007.  Commissioner Arnesen nominated Commissioner Bredeson for Vice-Chairman for the County Board with Commissioner Patty Beckel seconding the nomination. Chairman Todd Beckel called for nominations two more times. Chairman Todd Beckel closed the nominations for Vice-Chairman and called for roll call for Commissioner Bredeson for Vice-Chairman.  Roll call carried as follows:  All in favor:  Commissioners Arnesen, Patty Beckel, Moorman, Bredeson and Todd Beckel.  Commissioner Bredeson assumed the position of Vice-Chairman of the Board of County Commissioner for 2007.

Motion by Commissioner Bredeson to approve the agenda with the following additions:  Department of Administration, Materials Management Division Surplus Services and Oberstar’s “Bill”.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

County Auditor , John W. Hoscheid requested approval for the 2007 mileage rate, resolution establishing minimum salaries for elective offices and approval for signatures for the Materials Management Division Surplus Services.

Motion by Commissioner Bredeson to set the 2007 mileage rate at the IRS standard rate currently at .485 cents as of January 1, 2007.  Seconded by Commissioner Patty Beckel and the same being put to a vote was carried.

A RESOLUTION ESTABLISHING MINIMUM

SALARIES FOR ELECTIVE OFFICES

Resolution No. 2007-01-01

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

WHEREAS, M.S. 388.18, Subd. 1, et seq., M.S. 384.151, Subd. 1, et seq., M.S. 386.015, Subd. 1, et seq., M.S. 387.20, Subd. 1, et seq., and M.S. 385.373, Subd. 1, et seq. requires the County Board , at the January meeting prior to the first date on which applicants may file for County elective offices, to establish minimum annual salaries to be paid to the respective office holders at the term next following.

THEREFORE, BE IT RESOLVED, that the following statutory minimum annual salaries are hereby established for county elective offices for the term beginning in January of the year 2007:

                                    County Attorney :        $6,000

                                    County Auditor :         $6,000

                                    County Recorder :       $6,000

                                    County Sheriff :           $6,000

                                    County Treasurer :       $6,000

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

Motion by Commissioner Bredeson to approve the signatures of Chairman Todd Beckel, Public Works Director, Bruce Hasbargen , County Sheriff , Dallas Block , County Auditor , John W. Hoscheid and Social Services Director, Nancy Wendler to sign the Minnesota Department of Administration Surplus Service signature card.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

County Treasurer , Mark Hall met with the board to approve the Official Depositories of county funds for the year 2007.

Motion by Commissioner Patty Beckel to designate the following institutions as Official Depositories of County funds for the year 2007:

  1. Wells Fargo, Baudette Branch
  2. First Federal Bank, Baudette Branch
  3. Border State Bank, Baudette Branch
  4. MAGIC Fund (NEW)

Further moved to designate Wells Fargo, Minneapolis as the official safekeeping Institution for Lake of the Woods County .  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to approve the committee appointments for 2007:

2007 Committee Appointments

Airport Commission:  Commissioners Patty Beckel and Bredeson.

AMC Ag Task Force: Commissioner Moorman Alternates: Commissioners Patty Beckel , Todd Beckel, Arnesen and Bredeson.

AMC Environmental and Natural Resources: Commissioner Todd Beckel. Alternates: Commissioners Patty Beckel , Arnesen, Moorman and Bredeson.

AMC General Government: Commissioner Bredeson. Alternates: John W. Hoscheid and Commissioners Todd Beckel, Patty Beckel , Moorman, Arnesen.

AMC Human Service: Commissioner Patty Beckel and Nancy Wendler . Alternates: Commissioners Todd Beckel, Arnesen, Moorman and Bredeson.

AMC Transportation and Area Transportation Advisory Board: Commissioner Moorman and Bruce Hasbargen .  Alternates: Commissioners Todd Beckel, Patty Beckel , Arnesen and Bredeson.

Americans with Disabilities:   Phil Miller , Dallas Block , Matt Mickelson, Bruce Hasbargen , Brent Birkeland and John W. Hoscheid .

Beltrami Island Management Trail: Commissioners Moorman and Todd Beckel.

Board of Adjustment: District 1 Buck Webb, District 2-Greg Johnson, District 3-Gerald LeVasseur, District 4 Tom Mio, District 5-Jamie McEnelly.

Border Coalition/ Passport: Commissioners Arnesen and Patty Beckel, Sue Ney and Holly House.

Building Committee:  Commissioners Todd Beckel and Arnesen, Matt Mickelson, Bruce Hasbargen , Brent Birkeland , John W. Hoscheid and Phil Johnson .

Children’s Justice Initiative: Commissioner Todd Beckel.

Community Education Advisory Board: Commissioner Moorman. Alternate Patty Beckel.

Compensation Plan: Commissioners Arnesen and Bredeson, Sue Ney, Bill Sindelir , Robyn Sonstegard and Leslie Pullar .

Comprehensive Land Use Planning Board: Commissioners Arnesen and Bredeson, Wayne Bendickson , Josh Stromlund and John W. Hoscheid .

Continuity of Operation Plan (COOP): Holly House and Commissioners.

Cormorant Committee: Commissioners Todd Beckel and Patty Beckel , Mike Trueman, Paul Arnesen.

County Extension Committee: Commissioners Arnesen and Patty Beckel , John W. Hoscheid, Karen Hanson and Leon Grove.

Department Head Liaison: Commissioners Bredeson and Patty Beckel.

Department Liaisons:  Assessor, Bredeson; Land and Water Planning Office, Arnesen; Attorney, Arnesen; MIS, Patty Beckel; Sheriff, Todd Beckel; Social Services, Todd Beckel;  Recorder, Bredeson; Highway, Moorman; Treasurer, Moorman; Auditor, Moorman; Emergency Management, Patty Beckel; H/R, Bredeson.                        .

Economic Development Committee:  Commissioners Patty Beckel and Bredeson.

Enhanced 911 Committee: Commissioners Todd Beckel and Arnesen, Brent Birkeland , Dallas Block , Holly House and other local appointees.

GIZIIBII-RC&D: Commissioner Patty Beckel, Marshall Nelson and member at large George Swentik .

Grievance Committee: Commissioners Moorman and Bredeson, Sue Ney and Dale Boretski .

Headwaters Housing Development Commission: Commissioners Moorman and Bredeson.

Headwaters Regional Development Commission: Commissioners Moorman and Bredeson.

Headwaters Regional Finance Corporation: Commissioners Moorman and Bredeson.

Information Systems/Technology Committee: Brent Birkeland , Commissioners Todd and Patty Beckel , Josh Stromlund , Bruce Hasbargen and John W. Hoscheid .

Insurance Committee: Commissioner Bredeson and Arnesen, John W. Hoscheid , Nancy Wendler , Lorene Hanson , Brent Birkeland and Jim Walton.

Joint Powers Natural Resources Board:  Commissioners Todd Beckel and Moorman, Wayne Bendickson .

Labor/Management Committee: Commissioners Arnesen and Todd Beckel. Alternate Commissioner Patty Beckel .           

Lake of the Woods County Children and Families Collaborative: Commissioner Todd Beckel.

Law Library:  Commissioner Todd Beckel, Phil Miller and Brent Birkeland .

Lutheran Social Service Board: Commissioner Bredeson and Nancy Wendler . Alternate Commissioner Patty Beckel .

Minnesota Counties Computer Co-op: Brent Birkeland , Delegate #1-John W. Hoscheid, Delegate #2- Dale Boretski .

Minnesota Counties Insurance Trust: John W. Hoscheid . Alternate Commissioner Patty Beckel .

Minnesota Rural Counties Caucus: Commissioner Todd Beckel. Alternates: Commissioners Patty Beckel, Moorman, Arnesen, and Bredeson.

Motor Pool Committee: Commissioners Patty Beckel and Bredeson,  John W. Hoscheid , Nancy Wendler , Wayne Bendickson , Josh Stromlund and Bruce Hasbargen . 

North Country Board of Health:  Commissioner Bredeson (term expires 12/31/09) and Jan Olson (term expires 12/31/09) these are three-year terms (appointed in 2007).

North Country Community Health Services Advisory Committee:  Commissioner Bredeson (term expires 12/31/08- appointed 2007) and Jan Olson (term expires 12/31/07- appointed 2006).  These are two-year terms.

Northern Counties Land Use Coordinating Board: Commissioners Todd Beckel, Bredeson and Josh Stromlund .

Northwest Board of Aging: Commissioner Moorman and Nancy Wendler .  Alternate Commissioner Bredeson.

Northwest Community Action:  Commissioner Arnesen. Alternate Ken Moorman.

Northwest Minnesota Juvenile Center Board:  Commissioner Patty Beckel (term expires 12/31/09- re-appointed in 2007).  This is a four-year term.

Nuisance Ordinance Committee: Commissioner Bredeson and Patty Beckel , Dallas Block , Michelle Brown, Rick Rone , Nancy Jewell and Josh Stromlund .

Nursing Service Advisory Board: Commissioner Bredeson.

Park Commission: Commissioners Moorman and Patty Beckel , Bruce Hasbargen . Alternate Commissioner Bredeson.

Personnel Committee: Commissioners Patty Beckel and Bredeson, Dallas Block , Sue Ney, Ron Norquist, Amy Ballard and Bill Sindelir .

Rainy Rapid River Board: Commissioners Moorman and Bredeson, Josh Stromlund and Steve Sindelir .

Red River Valley Development Association:  Commissioner Moorman and Ken Horntvedt.

Solid Waste Committee/Household Waste:   Commissioners Patty Beckel (as the (NWMNHHW representative for the Joint Powers Agreement) and Arnesen, Bruce Hasbargen , John W. Hoscheid , Wayne Bendickson and Tina Rennemo.

Subdivision Controls Committee: Commissioners Patty Beckel and Bredeson, Josh Stromlund , Wayne Bendickson , Sue Ney and Brent Birkeland .

System for Accountable Time Keeping:  Commissioners Patty Beckel and Bredeson, Lorene Hanson , Robyn Sonstegard , Joel Hanson and Jim Walton.

Township Road and Trails: Commissioners Todd Beckel and Bredeson, Bruce Hasbargen , Ron Norquist, Josh Stromlund , Brent Birkeland and Dan Crompton.

Tribal Lands:  Commissioner Arnesen and Beckel.

Vets Service:   Commissioners Arnesen and Bredeson, Legion Commander or Delegate, VFW Commander or Delegate.

Wetlands, Soil, and Water Committee: Commissioners Todd Beckel, Bredeson, and Josh Stromlund .

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

The meeting was called to recess at 10:22 a.m. and reconvened at 10:25 a.m. as follows:

Motion by Commissioner Bredeson to approve the 2007 County Board meeting dates as follows:

County Board meetings are held on the second and fourth Tuesdays of each month at 9:00 a.m. in the Commissioners’ Room of the County Government Center in Baudette, Minnesota unless otherwise noted below:

Below are the dates and times of the regular County Board meetings for 2007:

DATE                         TIME                                     DATE                         TIME

January 9, 2007             9:00 a.m.                               July 10, 2007               9:00 a.m.

January 23, 2007           9:00 a.m.                               July 24, 2007               9:00 a.m.

February 13, 2007         9:00 a.m.                              

February 27, 2007         9:00 a.m.                               August 14, 2007         9:00 a.m.

(Lake of the Woods School)                                                                          

                                                                                    August 21, 2007         10:00 a.m.

                                                                                    (NWA)

                                                                                    August 28, 2007         9:00 a.m.

March  13,   2007        9:00 a.m.                                September 11, 2007    6:00 p.m.

March  20,   2007        10:00 a.m.                               September 25, 2007    9:00 a.m.

(NWA)

March 27,    2007        9:00 a.m.

April 10,      2007        9:00 a.m.                                October  9, 2007         9:00 a.m.

April 24,     2007         9:00 a.m.                                October 23, 2007        9:00 a.m.

May 8,       2007          9:00 a.m.                                November 13, 2007    9:00 a.m.

May 22, 2007              9:00 a.m.                                November 27, 2007    9:00 a.m.

June 12, 2007              9:00 a.m.                                December 11, 2007     9:00 a.m.

June 26, 2007              9:00 a.m.                                December 18  2007     9:00 a.m.

                                                                                    December 31, 2007     9:00 a.m. 

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

The Commissioners decided to have an informal union discussion in January or February.

Chairman Todd Beckel called for the bid opening of the Official Legal Newspaper for the year 2007.

Motion by Commissioner Arnesen to designate the Northern Light as the Official Legal Newspaper of the County for 2007 and award the bid for the first publication of the annual financial statement to the Northern Light and the second publication of the annual financial statement to the Baudette Region. The delinquent tax list and all other legal publishing to the Northern Light.  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 11:14 a.m.

Attest:                                                             Approved:       January 9, 2007

____________________________                ___________________________

John W. Hoscheid , County Auditor                Todd Beckel, Chairman

Commissioner Proceedings

January 9, 2007

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

Motion by Commissioner Bredeson to approve the agenda with the following addition:  Strategic Planning.  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 January 2, 2007.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Lake of the Woods High School Senior representative Carlie Waibel and Jennifer Blodgett met with the board requesting funding for the “Senior Trip to the State Capital”.  The class has been studying the United States government and now wants to see it in action, as they will observe the legislative session.

Motion by Commissioner Bredeson to contribute $1,500 toward the Lake of the Woods 2007 Senior Class to visit the state Capitol with the funding from the Economic Development fund.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Commissioner Arnesen suggested appointing Nick Painovich to the Cormorant Committee.  The board agreed and added Nick to the committee.

Social Services Director, Nancy Wendler met with the board and requested approval  to take the Mental Health Case Aid  and Social Worker off probation and give them a step increase, approval to purchase a vehicle for the Social Services Department that has been  budgeted for 2007 and approve claims.

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

Commissioner warrants           $10,660.88

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

Motion by Commissioner Bredeson to certify the completion of the probation period for the Mental Health Case Aid; approve the satisfactory performance review as recommended by the Department Head, and move this position from Step 1 to Step 2 according to the Compensation Plan effective January 5, 2007. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

The board requested that Nancy bring back the Social Worker request on the January 23, 2007 meeting after the probationary period ends.

Motion by Commissioner Arnesen to authorize Social Services Director, Nancy Wendler to purchase a vehicle for the Social Services Department as budgeted for 2007. Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Public Works Director, Bruce Hasbargen met with the board to request approval to attend the National Association of County Engineers’ Annual meeting, approve to advertise for bids for construction projects, purchase of pressure washer and Versahandler, Resolution of support for CSAH 10- ton routes, approval of final payment for S.A.P 39-622-05, request for updating Solid Waste Ordinances and discuss the policy of bidding process.

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 Milwaukee, Wisconsin , April 22-26, 2007.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to authorize the Public Works Director to advertise for bids for the construction of SAP 39-601-26, Bituminous Overlay; SAP 39-639-02, Bituminous Overlay; SAP 39-623-03, Bituminous Overlay;  SAP 39-626-04, Bituminous Overlay; SP 39-598-35, Replacement of Bridge L8948 on Township Road 177; SP 39-598-52, Replacement of Bridge L9254 on Township Road 57; Replacement of Bridge 93740 on Township Road 56; Replacement of Bridge R0182 on Township Road 58; and Replacement of Bridge L2571 on Township Road 105, and to allow the bid opening dates to be set as needed.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to authorize the Public Works Director to purchase a pressure washer for the Solid Waste Department at an approximate cost of $4,000.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to authorize the Public Works Director to advertise for bids for the purchase of a versahandler for the Solid Waste Department as budgeted.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

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

Resolution No. 07-01-01

Designation of Ten-Ton Routes

WHEREAS, Minnesota Statute 169.832 provides for weight limitations on designated routes; and

WHEREAS, Subdivision 11 provides that any designation of a route, other than a trunk highway route, is subject to the approval of the local authority; and

WHEREAS, Per Subdivision 11a, Lake of the Woods County is the local government authority having jurisdiction over county roads;

THEREFORE, LET IT BE RESOLVED, That Lake of the Woods County hereby designates the following routes as 10-ton routes, except when posted for spring road restrictions or otherwise:

            CSAH 1, from CR 86 to TH 72;

            CSAH 1, from CR 86 to CSAH 3;

            CSAH 3, from CSAH 1 to TH 11;

            CSAH 2, from CSAH 3 to TH 11;

            CSAH 3, from CSAH 2 to CSAH 6;

            CSAH 6, from CSAH 3 to TH 11;

            CSAH 6, from TH 11 to TH 172;

            CSAH 2, from TH 11 to CR 292;

            CSAH 8, from CSAH 17 to TH 172;

            CSAH 17; from TH 11 to CR 356;

            CSAH 11; from CSAH 17 to CSAH 2;

            CSAH 16; from CSAH 1 to TH 72.

            CSAH 35; from CSAH 1 to TH 11.

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

Motion by Commissioner Patty Beckel to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-622-05 for Christiansen Industrial Developers, Inc. of Bemidji, MN in the total amount of $738,687.37 and hereby authorize final payment of $14,773.75. Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried. 

The board requested that Bruce bring in the Solid Waste Ordinance and highlight the changes he would like to see. The board discussed the policy for bidding process for excavation projects with Bruce Hasbargen, Wayne Carlson and Rex Block.  The board requested that Commissioner Bredeson, Moorman and Bruce get together to discuss the policy of bidding for excavation and bring back a recommendation on how this could improve.

Deputy Auditor, Lorene Hanson met with the board and requested approval for claims, Maximus Contract and lost warrant.

Motion by Commissioner Bredeson to approve the claims against the county as follows with the exception of claim number 2829:

                                                Revenue                      $131,424.62

                                                Road & Bridge           $  87,742.18

                                                Solid Waste                 $  21,371.63

                                                                                    $243,238.43

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  1/09/2007 FOR PAYMENT  1/12/2007

       AMOUNT   VENDOR NAME                                                   AMOUNT   VENDOR NAME

        4168.34 A C S GOVERNMENT                                             3736.00 ASSN OF MN COUNTIES

          686.87 AUTO VALUE                                                           2478.45 CO-OP SERVICES, INC.

          372.75 DODDS LUMBER                                                     2500.00 HEADWATER REGIONAL DEVELOPMENT

        1537.03 HOWARD’S OIL COMPANY                                      500.00 MN ASSN OF CO LAND COMM

      66994.01 MN COUNTIES COMPUTER CO-OP                     1472.50 MN COUNTIES INFORMATION SYSTEM

    146108.00 MN COUNTIES INSURANCE TRUST                       702.00 MN STATE SHERIFF’S ASS’N

        1400.00 MN TRANSPORTATION ALLIANCE                          400.00 NATIONAL ASSN-COUNTIES

          484.51 QUILL CORPORATION                                             566.13 RODERICK RONE JR

          315.00 UNIVERSITY MN EXTENSION                                2640.00 VOYAGEURS COMTRONICS, INC

        3093.75 WIDSETH SMITH NOLTING&ASST INC

24 PAYMENTS LESS THAN  $300       3,083.09

FINAL TOTAL    $243,238.43

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

                                                December 29, 2006     $  77,199.10

                                                December 30, 2006     $104,219.65

                                                January 4, 2007           $132,689.63

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

Motion by Commissioner Bredeson to approve the application and affidavit for lost warrant for Larry Gulseth for $8.00 dated March 24, 2005 without furnishing an indemnifying bond.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to authorize Chairman Todd Beckel to sign the agreement to provide professional consulting service between MAXIMUS, Inc. and Lake of the Woods County for cost allocation plan services.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Chairman Todd Beckel informed the board that Association of Minnesota Counties Executive Director, Jim Mulder will be hear on February 28, 2007 to give training for Strategic Planning.  This will be held at the Ambulance Garage in Baudette.

Motion by Commissioner Arnesen to approve the training session for Strategic Planning.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

University of Minnesota Regional Director, Nathan Johnson met with the board to discuss the purchase of a computer for the Extension Program Coordinator. 

Motion by Commissioner Patty Beckel to approve the purchase of a computer and software for the Extension Program Coordinator up to $1,300 out of the 2007 budget.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Emergency Management, Holly House met with the board to discuss the Avian and Pandemic Influenza Regional Business Symposium, which will be held on January 31, 2007 at the City Center Meeting Room in Roseau, MN .  Holly also informed the board that they will need to work on the Pandemic Priority Service Continuation form.  The board requested that Holly set a time at a regular scheduled board meeting to get this completed with all board members.

Motion by Commissioner Patty Beckel to authorize Emergency Management Director, Holly House to purchase an ID maker with the funding from the Pandemic Flu Grant.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

The meeting was called to recess at 10:55 a.m. and moved to the Brink Center to discuss the Senior Nutrition money.  The meeting reconvened at 11:12 a.m. as follows:

Chairman Todd Beckel informed the seniors that the money was placed in a designated account at the county for the “Brink Center’s Use”.  Comments were heard from the floor.

The meeting reconvened at 1:00 p.m. as follows:

Oak Island Landowners Association Chairman Dick Gross met with the board and discussed the following topics:  Property tax control, Zoning, Trails and Fire and Safety.  Dick Gross also informed the board that they would have until May 1, 2007 to inform the association if they would be able, capable or have a desire to meet the needs that he has addressed.  And if not, the association would then support an attempt by local registered voters to reactivate the Angle township and/or apply to Roseau County to accept them if they would secede from Lake of the Woods County .  Other comments were heard from the floor and no board action was taken.

Chairman Todd Beckel discussed the issue of having two plat books.  He mentioned that most counties have only one, and does not feel that Lake of the Woods County needs two. 

Motion by Commissioner Arnesen to form a “Plat Book” Committee consisting of Commissioner Patty Beckel and Bredeson, County Assessor ,Wayne Bendickson and MIS Director, Brent Birkeland to come up with a written  recommendation of what to do with the plat books and also  look into possible advertising in the plat books to defer the cost of the printing.  Seconded by Commissioner Todd Beckel and the same being put to a vote was unanimously carried.

The board removed the closed session from the agenda.

Other topics that were discussed with no action were:  Dean Bernard Property, E1/2 of Sec. 1 E1/2 of Sec. 12, T161, R33 to be sold to the DNR; board requesting that US Representative Collin Peterson  meet with the board, requested  a letter be sent to Senator Amy Klobucher addressing the concerns of the OARS phone system and Passport issues that faces Lake of the Woods County and a letter to be sent to DNR Commissioner Mark Holsten addressing the concerns that are arising in the area.

With no further business before the board, Chairman Todd Beckel called the meeting to recess at 2:36 p.m.

Attest:                                                                         Approved:       January 23, 2007

_________________________                                  ___________________________

Janet E. Rudd, Deputy Auditor                                 Todd Beckel, Chairman

Commissioner Proceedings

January 23, 2007

The Lake of the Woods County Board met in regular session on Tuesday, January 23, 2007, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Patty Beckel, Todd Beckel, Moorman, Arnesen and Bredeson.  Also present was County Auditor , John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst 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 Bredeson to approve the agenda with the following addition:  Closed session at 1:00 p.m., Grant and Aid Trail Permit, Leadership Training, Year end report, Doctor retention, Thank you letter, Plat book, Congratulations of appointment, authorize to advertise and hire Permanent Part-time Office Assistant for the Public Works Department, Oberstar bill, Coast guard, travel for Emergency Management, Holly House and report on course of newly elected officials.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to approve the consent agenda as follows: Travel for Dan Crompton, Joel Hanson and Bill Sindelir to attend the Bituminous Plant Monitor Technical Training on February 8 in Detroit Lakes: Dale Boretski to attend the Department of Revenue Training from February 4-9 in St. Paul: John W. Hoscheid for MCIT meeting on February 8 & 9; Wayne Bendickson to attend Legislative in S. Paul on January 25 and Holly House on January 24-25 for Emergency Management Quarterly meeting in Park Rapids.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to approve the December 29, 2006 minutes.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the January 9, 2007 minutes.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Social Services Director, Nancy Wendler met with the board to request approval of claims, certify Social Worker off probation and request increase, and purchase a SSIS computer rack and to review the 2006 cash balance history.

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

Commissioner warrants           $38,231.75

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

Motion by Commissioner Arnesen to authorize the MIS Director, Brent Birkeland and Social Services Director, Nancy Wendler to purchase a SSIS Computer rack for $2,800.00.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Moorman to certify the completion of the probation period for the Social Worker; approve the satisfactory performance review as recommended by the Department Head, and move this position from Step 1 to Step 2 according to the Compensation Plan, effective January 21, 2007. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

The Board congratulated the team in the Social Services Department for the excellent job on the 2006 cash balance increase.

The board acknowledged the letter of thanks from Santa Anonymous Coordinator, Cindy Kroeger and a letter from Vice Chairperson, Kathleen Pochailo from Lake of the Woods Mental Health Local Advisory Council.

Commissioner’s Bredeson and Arnesen informed the board of the tabletop discussion they attended with Congressman Oberstar and others.  Issues of importance were Highway 11, Wetlands and Exotic Species.

Chairman Todd Beckel called the meeting to recess at 9:30 a.m. and opened the Public Hearing as advertised for the citizens input into the development of the Small Cities Grant Application to the Minnesota Department of Employment and Economic Development.  With no comments from the Public the hearing was closed at the regular meeting was opened at 9:40 a.m. as follows:

County Auditor , John W. Hoscheid met with the board to and requested approval for claims, lost warrant, rescind motion of December 29 2006 meeting, and a motion for a signature on the Grant and Aid Permit.

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

                                                Revenue                      $ 96,847.20

                                                Road & Bridge           $ 14,755.22

                                                Solid Waste                 $ 24,574.63

                                                                                    $136,177.05

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  1/23/2007 FOR PAYMENT  1/26/2007

        AMOUNT   VENDOR NAME                                                   AMOUNT   VENDOR NAME

        1940.00 ALPHA CARD SYSTEMS                                         2183.93 CO-OP SERVICES, INC.

        7246.81 CUTLER-MAGNER COMPANY                               3500.00 HOFFMAN, DALE, & SWENSON, PLLC

        1790.00 KOOCHICHING CO. HIGHWAY DEPT                    747.96 LAKE OF THE WOODS FOODS

          313.06 LAKE ROAD DIESEL INC                                          460.00 LAKEWOOD NURSING SERVICE

        1300.00 PAT LECLAIRE ELECTRIC (DBA)                         79346.00 LOW SOIL & WATER CONS. DIST.

        8894.25 MAR-KIT LANDFILL                                                   307.68 MN COUNTIES COMPUTER CO-OP

        2500.00 MN MUNICIPAL UTILITIES ASSOC                          800.00 MN RED RIVER VALLEY DEV. ASS’N

          592.81 JEROME MOLINE                                                       425.00 NAT’L ASSN COUNTY ENGINEERS

        2045.00 NORTH EAST TECHNICAL SERVICE,I                  3844.00 NW MN HOUSEHOLD HAZARDOUS

          657.26 PITNEY BOWES INC.                                              1391.60 LESLIE PULLAR

        6696.70 R & Q TRUCKING, INC                                             341.37 RODERICK RONE JR

          531.11 TRUE VALUE                                                             567.08 WEST GROUP

        2117.89 WOODY’S SERVICE

47 PAYMENTS LESS THAN  $300       5,637.54

FINAL TOTAL   $136,177.05

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

                                                December 30, 2006     $  13,259.87

                                                January 9, 2007           $116,605.41   

                                                January 17, 2007         $  13,144.93

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

Motion by Commissioner Patty Beckel to approve the application and affidavit for lost warrant for OSI Education Services, Inc for $91.50 dated July 18, 2006 without furnishing an indemnifying bond.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Todd to rescind the following motion dated December 29, 2006 as follow:

Motion by Commissioner Todd Beckel to authorize a transfer of funds to the Revenue Fund from the Capital Equipment Debt Service fund; to close out the fund.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.”

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

Motion by Commissioner Arnesen to authorize a transfer of funds from the Equipment Special Revenue Fund to the Capital Equipment Debt Service Fund to close out the Debt Service fund; and to the Revenue Fund to close out the Equipment Special Revenue Fund.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

County Auditor , John W. Hoscheid reported the following: Lake of the Woods Aggregate Tax Report for 2006; Ditch 1 financial report.

Bruce Hasbargen recommended that the county create a ditch committee made up of beneficiaries of county Ditch 1 to prioritize projects  they need done.  The board requested that Bruce form a Ditch Committee.

Land and Water Planning Director, Josh Stromlund met with the board along with Attorney Alan Fish, representing Bruce Westman’s for the board’s consideration of his request for a  conditional use permit in Outlot A, Brooks Farm Section 1, T-161N, R32W      as required by the Rainy/Rapid Rivers Shoreland  Management Ordinance and the County Zoning Ordinance to allow the applicant to move in excess of 10 cubic yards of material within the shore impact zone and move in excess of 50 cubic yards of material outside of the shore impact zone of the Rainy River.

Chairman Todd Beckel went through the Findings of Fact and Decision for Bruce Westman’s request for a conditional use permit. Below is the result of The Findings of Fact’s:

(Findings, Fact, and Decision is in accordance with Section 1104 of the Lake of the Woods Zoning Ordinance and Section 3.4 of the Rainy/Rapid Rivers Shoreland Ordinance.)

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant Bruce Westman represented by Alan Fish     Date January 23, 2007

Project Proposal Applicant is requesting to place in excess of 10 yards of soil in a dry gully to fill the swale to both comply with the DNR Restoration order and to bring it to a level of the surrounding area.  It was ordered restored by the DNR.  A photo of the Court ordering work is enclosed.  The swale makes the lots less useful for development.

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?

                                                                                                       YES (  )  NO (X)

Why or why not? Project may create possible drainage problem to applicant’s land and the landowners to the west of proposed project.  There are public accesses available near applicant’s land.

2. Is the requested use consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?        YES (  ) NO (X)

Why or why not? No erosion control currently established except for a bio log and rip-rap.  Vegetative establishment will decrease sedimentation and nutrient loading to the Rainy River .  As to date no vegetation has been established.

3. Will the requested use not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                 YES (  )  NO (X)

Why or why not? It will affect existing topography and drainage features on this and adjacent properties.  Vegetative cover has been removed.       

4. Is the requested use’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?                                              YES (  )  NO (X)

Why or why not? The proposed project is adjacent to the Rainy River and this natural drainage way is directly connected.          

5. 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 requested use?

                                                                                                                       YES (X)  NO (  )

Why or why not? Applicant has proposed erosion control measures but has not implemented them as to date.  It is now a fragile site that it has been disturbed.  

6. Is the site in harmony with existing and proposed access roads?      YES (  )  NO (  )

Why or why not? Not applicable.

7. Is the requested use compatible with adjacent land uses?

                   YES (  )  NO (X)

Why or why not? The proposed project will impact adjacent land uses by altering the existing drainage.  Additional drainage will have to be provided if allowed to fill in natural drainage area.           

8. Does the requested use have a reasonable need to be in a shoreland location?

                                                                                                                        YES (X)  NO (  )

Why or why not? Only a small portion of the proposed activity will fall outside the 100’ setback.  The natural drainage area already exists.        

9. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate such?                          YES (  )  NO (  )

Why or why not? Not applicable.

10. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance or Section 5.3 of the Rainy/Rapid Rivers Shoreland Ordinance?                                 

Why or why not? Not applicable.                                              YES (  ) NO (  )

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

                                                                                                                    YES (  ) NO (  )         

Why or why not? Not applicable.

12. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the use will generate?

                                                                                                                                              YES (  ) NO (  )              

Why or why not? Not applicable.

If all answers to the Findings of Fact-Criteria are “Yes” by a majority vote, 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. 

The specific conditions of approval/denial are as follows:  Applicant is allowed to re-submit a new plan after discussion with neighbors on an agreeable solution within one (1) year with no fee.

Approved  (  )       Denied  (X)

Motion by Commissioner Bredeson to deny the request of the Conditional Use Permit for Bruce Westman in Outlot A, Brooks Farm Section 1, T-161N, R32W as required by the Rainy/Rapid Rivers Shoreland  Management Ordinance and the County Zoning Ordinance to allow the applicant to move in excess of 10 cubic yards of material within the shore impact zone and move in excess of 50 cubic yards of material outside of the shore impact zone of the Rainy River and to waive any fees of a Conditional Use Permit( CUP). The applicant will be  allowed to submit a new plan after discussion with neighbors on an agreeable solution within one (1) year with no fee. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried. 

The meeting was called to recess at 11:00 a.m. and reconvened at 11:05 a.m. as follows:

Bill Haggerty and Tom Pueringer met with the board and informed them that they have a purchase agreement with  Lake of Woods Campground and of their intent to turn it into a Co-op ownership under Minn. Stat. § 515.b.

County Sheriff, Dallas Block met with the board requesting approval to purchase a vehicle from Elk River Ford for a 2007 Dodge Charger Police Vehicle in the amount of $20,748.

Motion by Commissioner Bredeson to authorize County Sheriff , Dallas Block to purchase a 2007 Dodge Charger from Elk River Ford for $20,748.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Compensation Committee Chair, Sue Ney met with the board to discuss the recommendation for the placing of the position of the Permanent Part-time Office Assistant for the Public Works Department on the Compensation Plan.

Motion by Commissioner Arnesen to approve the recommendation from the Compensation Plan Committee to place the position of Permanent Part-time Office Assistant for the Public Works Department on the compensation plan structure as a grade six (6).  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Public Works Director, Bruce Hasbargen met with the board requesting approval to advertise and hire for the Permanent Part-time Office Assistant for his department.  The board requested that he come back later with a new motion to include a limit amount of hours.

County Auditor , John W. Hoscheid met with the board and requested a motion for signatures for the Grant-In-Aid Trail Permit.

Motion by Commissioner Arnesen to authorize Chairman Todd Beckel and County Auditor , John W. Hoscheid to sign the Grant-In-Aid Trail Permit No. 144-17-1301. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

The board discussed and requested that John send out a letter to the School Board and City Council members inviting them to join in the Leadership Training that will be held on February 28, and also requested a letter to be sent to all Department Heads that this is a  mandatory training. The board also requested that John send a thank-you letter to people that were involved in the “Baudette Bay Hockey Classic” which, was held on January 20, 2007.

The board discussed the 2006-year end budget. The board will set a date in the future to meet with the individual departments.

Public Works Director, Bruce Hasbargen and Human Resource Director, Leslie Puller met with the board and requested approval of the Permanent Part-time Office Assistant for the Public Works Department.

Motion by Commissioner Bredeson to authorize the Public Works Director to fill the vacant Permanent Part-time Office Assistant position and to advertise the same with a limit of 1,400 hours as budgeted. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

The meeting was called to recess at 11:58 a.m. and reconvened at 1:00 p.m. as follows:

County Attorney Philip Miller and Human Resource Director, Leslie Pullar met with the board.

Motion by Commissioner Bredeson to go into a closed session at 1:05 p.m. pursuant to Minn. Stat. § 13D.05, subd. 2 (b) “preliminary consideration of allegations or charges against an individual subject to its authority”.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

The meeting was called to open session at 1:45 p.m. as follows:

The determination of the county board, during the closed session, was that no further investigation was necessary.

Emergency Management Director, Holly House met with the board to help plan the County Commissioners ’ Service Continuation Plan in the event of an Influenza Pandemic.

At 2:05 p.m., Commissioner Arnesen excused himself from the meeting due to other obligations.

Deputy Auditor, Dale Boretski, Land, and Water Planning Director, Josh Stromlund met with the board to discuss the imaging of the Ditch 1 & 2 files with the possibility of a challenge grant.  The consensus of the board was for Dale and Josh to look into the options that are available for the imaging process of these documents.

County Attorney , Philip Miller met with the board to discuss the request from Chairman Todd Beckel for the “Recruitment Bonus Contract”.  The consensus of the board was that the intent of the motion dated September 13, 2005 was that the Doctor’s and Nurse Practitioners were to full-fill the full four years or they would have to pay back the principal amount that they received.

Commissioner Bredeson informed the board that the Coast Guard, Department of Homeland Security and the Department of Transportation is considering the need to continue to operate or invest in the North American Long Range Aids to Navigation system beyond fiscal year 2007. Future investments decisions might include:  Decommissioning the LORAN-C system, maintaining the LORAN-C system as currently configured, or developing a fully deployed Enhanced LORAN (eLORAN) system.  Contributing factors to these decisions are  (1) whether the Global Position System (GPS) and their available back-up systems are adequate for the public’s navigation, thus making the  LORAN-C system redundant, and (2) whether the eLORAN investments made to date provide enhancements that now merit consideration as a complementary capability to GPS, and not merely as a GPS back-up They are seeking public input on the various decisions until February 7, 2007.

Motion by Commissioner Patty Beckel to authorize Commissioner Bredeson to send a letter of support on line for the eLORAN system.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Commissioner Moorman reported that he attended the Association of Minnesota Counties Conference for newly elected officials, which he felt, was very rewarding and educational.

Commissioner Bredeson informed the board that maybe there may be some funding for purchasing new fuel trucks for the Baudette Airport with funding from the State Capital Improvement Fund.

Commissioner’s Patty Beckel and Bredeson informed the board on the Plat Committee meeting they held with County Assessor , Wayne Bendickson and MIS Director, Brent Birkeland . The committee’s recommendation at this time was to sell the plat books that were just ordered. They also informed the board that the System for Accountability Time Keeping Committee met and the consensus of the committee was that there is no need for an electronic time clock. Time sheets are in place and are approved by each Department Head.

The board congratulated County Auditor , John W. Hoscheid on his appointment to the Minnesota Counties Insurance Trust Board of Directors.

With no further business before the board, Chairman Todd Beckel called the meeting to recess at 3:15 p.m.

Attest:                                                                         Approved:   February 13, 2007

_____________________________                          ___________________________

John W. Hoscheid, County Auditor                            Todd Beckel, Chairman