Commissioner Proceedings

Organizational Meeting

January 4, 2011

The Lake of the Woods County Board met on Tuesday, January 4, 2011, in the Commissioners’ Room in the Lake of the Woods County Government Center for their 2011 Organizational Meeting.

Call to Order

County Auditor, John W. Hoscheid called the meeting to order at 9:03 a.m. and led the Pledge of Allegiance with the following members present:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman. Also present were: Deputy Auditor, Janet Rudd; Human Resource Director, Wade Johannesen, County Recorder Susan Ney, John Oren and Penny Mio Hirst.

Election of Chair and Vice Chair

County Auditor John W. Hoscheid called for nominations for Chair of Lake of the Woods County Board for the year 2011.  Commissioner Arnesen nominated Commissioner Moorman with Commissioner Hanson seconding the nomination.  County Auditor called for nominations two more times.

Motion was made by Commissioner Todd Beckel to close the nominations for Chair. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

County Auditor called for a roll call for Commissioner Moorman for Chair.  Roll call carried as follows: All in favor: Commissioners, Patty Beckel, Todd Beckel, Hanson Arnesen and Moorman.  Against:  None.  Commissioner Moorman assumed the position of Chair of the Lake of the Woods County Board of Commissioners for 2011.

Chairman Moorman called for nominations for the position of Vice-Chair for the year 2011.  Commissioner Hanson nominated Commissioner Todd Beckel for Vice-Chair for Lake of the Woods County Board with Commissioner Patty Beckel seconding the nomination. Chairman Moorman called for nominations two more times. 

Motion was made by Commissioner Hanson to close the nominations for Vice-Chair. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Chairman Moorman called for a roll call for Commissioner Todd Beckel for Vice Chair.  Roll call carried as follows: All in favor: Commissioners, Patty Beckel, Hanson Arnesen, Moorman and Todd Beckel.  Against:  None.  Commissioner Todd Beckel assumed the position of Vice-Chair of the Lake of the Woods County Board of Commissioners for 2011.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda with the following additions:  EDA meeting on January 10, 2011; Joint Powers Agreement for Economic Development and Appreciation Letter from Roseau County. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

None

Approval of Minutes

Motion was made by Commissioner Patty Beckel to approve the commissioner minutes of December 30, 2010.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Appreciation Letter from Roseau County

Chairman Moorman read a letter that was presented to County Auditor, John W. Hoscheid (please see letter below) from Roseau County extending sincere gratitude to John for his assistance during their recent time of need. Chairman Moorman presented an appreciation plaque to County Auditor, John W. Hoscheid on behalf of Roseau County.

December 29, 2011

Lake of the Woods County Board

206 SE 8^th Avenue

Baudette, MN  56623

Dear Commissioners:

Roseau County would like to extend its sincere gratitude to Lake of the Woods County and to Auditor John Hoscheid for your assistance during our recent time of need. 

The early retirement of long-time Auditor Anne Granitz left a void in Roseau County at a critical time.  Having John step in and serve as Roseau County’s interim Auditor proved to be invaluable in navigating our way through a challenging election, a budget planning cycle, and the transition to a new county auditor.

John’s decisive and tactful leadership is just what Roseau County needed.  His willingness to teach and share his vast knowledge about county management was deeply appreciated by county staff and the Board. John’s fingerprints will forever remain a part of Roseau County’s history.  Your willingness as a Board to support John in serving as our interim auditor is the essence of collaboration and a great example of county redesign in action.

We look forward to continued partnership with Lake of the Woods County.

Sincerely,

Alan B. Johnston

Roseau County Board Chair

2011 Committee Appointments

Motion was made by Commissioner Todd Beckel to approve the 2011 Committee Appointments with a few committee appointments remaining to be filled:

Airport Commission:  Commissioners Patty Beckel and Hanson;

AMC Ag Task Force: Commissioner Todd Beckel; Alternates: Commissioners;

AMC Environmental and Natural Resources: Commissioner Todd Beckel; Alternates: Commissioners;

AMC Future:  Commissioner Todd Beckel; Alternates: Commissioners;

AMC General Government: Commissioner Patty Beckel; Alternates: John W. Hoscheid and Commissioners;

AMC Human Service: Commissioner Hanson and Nancy Wendler; Alternates: Commissioners;

AMC Transportation and Transportation Alliance: Commissioner Moorman and Tim Erickson; Alternates: Commissioners;

Arrowhead Library System:  Sandy Johnson (7-1-08 to 06-30-11 appointed 2008);

Board of Adjustment: District 1 Buck Webb, District 2-Reed McFarlane, District 3-Gerald Levasseur, District 4 Tom Mio, District 5-Jamie McEnelly;

Border Coalition/ Passports: Commissioner Arnesen, Commissioner Patty Beckel, Sue Ney and Holly House;

Building and Safety Committee:  Commissioner Todd Beckel, Commissioner Arnesen, Jeff Pelland, Tim Erickson, Brent Birkeland, John W. Hoscheid and Nancy Wendler;

Children’s Justice Initiative Committee and Lake of the Woods County Children and Families Collaborative Committee:   Commissioner Todd Beckel;

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

Personnel Committee (combined Compensation Plan and Personnel): Commissioner Patty Beckel, Commissioner Hanson, Human Resources Director Wade Johannesen, Sue Ney, Tim Erickson, Amy Ballard and Terry Bandemer;  

Comprehensive Land Use Planning Board: Commissioner Arnesen, Commissioner Patty Beckel, Sue Ney, Josh Stromlund, John W. Hoscheid; 

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

Cormorant Committee: Commissioner Arnesen, Commissioner Todd Beckel, Mike Trueman, Paul Arnesen; Alternate:  Commissioner Patty Beckel;

County Extension Committee: Commissioner Arnesen, Commissioner Patty Beckel, John W. Hoscheid, Karen Hanson and (to be appointed) Additional members: Aprille Levasseur, Erin Olson and Shelly Lein (and two to be appointed);

County TV:  Commissioner Hanson, Commissioner Arnesen, Lee Hervey, John W. Hoscheid, Brent Birkeland and Holly House;

Department Head Liaison: Chairman Moorman; Alternates: Commissioners;

Department Liaisons:  Assessor – Patty Beckel; Land and Water Planning Office –Todd Beckel; Attorney –Moorman; MIS – Hanson; Sheriff –Hanson; Social Services – Patty Beckel;  Recorder – Patty Beckel; Highway – Arnesen; Treasurer –Arnesen; Auditor –Moorman; Emergency Management – Todd Beckel; H/R – Arnesen and Veterans Service Officer – Hanson;

Economic Development Committee and Biomass Committee:  Commissioners Moorman and Patty Beckel;           

Enhanced 911 Committee: Commissioner Todd Beckel, Commissioner Hanson, Brent Birkeland, Dallas Block, Holly House and other local appointees;

GIZIIBII-RC&D: Commissioner Patty Beckel, member at large George Swentik and John Sonstegard; Alternates for Sonstegard– SWCD staff member;

Governor Council on Mental Health and LAC Committee:  Commissioner Moorman;

Grievance Committee: Commissioner Moorman, Dale Boretski, Josh Stromlund and Angie Eason; Alternate:  Commissioner Todd Beckel;

Headwaters Regional Development Commission: Commissioners Hanson and Moorman;

Highway 11 Task Force/Transportation Advisory Committee (TAC): Commissioner Moorman, Commissioner Hanson and Tim Erickson;

Information Systems/Technology Committee: Commissioner Patty Beckel, Commissioner Hanson, Brent Birkeland, Josh Stromlund, Boyd Johnson and John W. Hoscheid;

Insurance Committee: Commissioner Patty Beckel, Commissioner Todd Beckel, John W. Hoscheid, Nancy Wendler, Lorene Hanson, Brent Birkeland, Terry Bandemer and Wade Johannesen;

Joint Powers Natural Resources Board: Commissioner Todd Beckel, Commissioner Moorman and Wayne Bendickson;

Labor/Management Committee: Commissioner Arnesen, Commissioner Todd Beckel, Wade Johannesen; Alternate: Commissioner Patty Beckel;

Lake of the Woods Affordable Housing/Loan Committee: Commissioner Arnesen, Sue Ney, Wayne Bendickson and John W. Hoscheid; Alternate:  Commissioner Patty Beckel;

Lake of the Woods Trail Management Team:  Commissioners Todd Beckel and Moorman;

Law Library:  Commissioner Moorman, Philip Miller and Brent Birkeland;

Lutheran Social Service Board: Commissioner Moorman and Nancy Wendler; Alternate: Commissioner Patty Beckel;

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

Minnesota Counties Intergovernmental Trust:  Commissioner Patty Beckel; Alternate: Commissioner Todd Beckel;

Minnesota Rural Counties Caucus: Commissioner Todd Beckel; Alternates: Commissioners;     

Motor Pool Committee: Commissioner Patty Beckel, John W. Hoscheid, Nancy Wendler, Wayne Bendickson, Josh Stromlund and Jeff Pelland;  Alternate:  Commissioner Hanson;

North Country Community Health Board:  Commissioner Moorman(term expires 12/31/12) and Jan Olson (term expires 12/31/12) these are three-year terms;

North Country Community Health Services Advisory Committee:  Commissioner Moorman (term expires 12/31/12) and Jan Olson (term expires 12/31/11 these are two-year terms;

Northern Counties Land Use Coordinating Board: Commissioner Todd Beckel and Josh Stromlund; Alternate:  Commissioner Arnesen;

Northwest Board of Aging/Area Agency: Commissioner Moorman, Nancy Wendler and John Oren; Alternate: Commissioner Patty Beckel;

Northwest Community Action:  Commissioner Arnesen; Alternate: Commissioner Moorman;

Northwest Minnesota Juvenile Center Board:  Commissioner Patty Beckel (term expires 12/31/13 (re-appointed in 2010).  This is a four-year term;

Nuisance Ordinance Committee: Commissioner Patty Beckel, Commissioner Arnesen, Philip; Miller, Dallas Block, Michelle Brown, Rick Rone, Nancy Jewell and Josh Stromlund;

Nursing Service Advisory Board: Commissioner Hanson, Leah Stephani Miller; Alternate:  Nancy Wendler;

Park Commission: Commissioner Hanson, Commissioner Patty Beckel, Tim Erickson; Alternate: Commissioner Moorman;

Peat Land: Commissioner Todd Beckel;

Rainy Rapid River Board: Commissioner Moorman, Commissioner Hanson, Josh Stromlund and Steve Sindelir;

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

Regional Radio Board: Commissioner Todd Beckel; Alternate: Commissioner Hanson;

Roseau County Board on Aging/FAR North Transit:  Commissioner Todd Beckel;

Solid Waste Committee/Household Waste:   Commissioner Patty Beckel (as the (NWMNHHW representative for the Joint Powers Agreement), Commissioner Arnesen, Tim Erickson, Tina Rennemo, Mark Hall and Wayne Bendickson;

Subdivision Controls Committee: Commissioner Patty Beckel, Josh Stromlund, Wayne Bendickson, Sue Ney, Brent Birkeland and Commissioner of the District involved;

Township Road and Trails: Commissioner Arnesen, Commissioner Todd Beckel, Tim Erickson, Josh Stromlund, Brent Birkeland, Dan Crompton, Boyd Johnson and Wayne Bendickson;  

Tribal Lands:  Commissioners Arnesen and Todd Beckel;

Vets Service: Commissioner Hanson, Commissioner Moorman, Legion Commander or Delegate, VFW Commander or Delegate and Rick Rone;

SWCD District Committee: Commissioner Todd Beckel, Commissioner Hanson and Josh Stromlund;

The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. (Few remaining to be appointed)

2011 lake of the wood county board meeting dates

The motion was made by Commissioner Arnesen to approve the following 2011 board meeting dates as follows:

Lake of the Woods County Board of Commissioners

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

January 11, 2011         9:00 a.m.                                             July 12, 2011               9:00 a.m.

January 25, 2011         9:00 a.m.                                             July 26, 2011               9:00 a.m.

February 8, 2011         9:00 a.m.                                             August 9, 2011           9:00 a.m.

February 22,2011        9:00 a.m.         (L/W School)                  August 23, 2011         9:00 a.m.

March 8,  2011            9:00 a.m.                                             September 13, 2011    9:00 a.m.

March 22, 2011           8:00 a.m.                                             September 27, 2011    9:00 a.m.

April 12, 2011             9:00 a.m.                                             October 11, 2011        9:00 a.m.

April 26, 2011             9:00 a.m.                                             October 25, 2011        9:00 a.m.

May 10, 2011              9:00 a.m.                                             November 8, 2011      9:00 a.m.

May 24, 2011              9:00 a.m.                                             November 22, 2011    9:00 a.m.

June 14, 2011              9:00 a.m.                                             December 13, 2011     9:00 a.m.

June 21, 2011             10:00 a.m.        (NWA)                          Truth in Taxation        TBD

BOE                            TBD                                                    December 30, 2011     8:00 a.m.

June 28, 2011              9:00 a.m.

Lake of the Woods County Commissioner’ maybe attending the following:

March 22-24, 2011 Joint Legislative Conference

June 8, 2011    AMC District 2 Meeting

August 10-12, 2011    AMC Leadership Conference

October 19, 2011 AMC District 2 Meeting

December 4-7, 2011    AMC Annual Conference

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

Elected Officials – Minimum Salaries

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

Resolution For

Establishing Minimum Salaries for Elective Offices

Resolution No. 2011-01-01

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 2011:

                                    County Attorney:        $6,000

                                    County Auditor:         $6,000

                                    County Recorder:       $6,000

                                    County Sheriff:           $6,000

                                    County Treasurer:       $6,000

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

County Treasurer-Official Depositories

County Treasurer, Mark Hall met with the board requesting approval for the designation of official depositories of county funds for the year 2011.

Motion was made by Commissioner Todd Beckel to designate the following institutions as Official Depositories of county funds for the year 2011:

1. Wells Fargo, Baudette Branch
2. RiverWood Bank- Baudette Branch
3. Border State Bank, Baudette Branch
4. MAGIC Fund /US Bank

It was further moved to designate Wells Fargo Minneapolis, as the official safekeeping Institution for Lake of the Woods County.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Recess

The meeting was called to recess at 10:30 a.m. and reconvened at 10:40 a.m. as follows:

Economic Development Authority

Resolution

County Auditor, John W. Hoscheid presented the board the Resolution that was prepared by Mary Frances from Fryberger, Buchanan Smith & Frederick P.A. for the Economic Development Authority.

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

RESOLUTION NO. 2011-01-02

APPROVING THE TRANSFER OF LAND,

GRANTING THE AUTHORITY TO ENTER INTO

A LOAN AGREEMENT AND APPROVING AN EDA

LEVY IN THE EVENT OF A BUDGET SHORTFALL

WHEREAS, on September 30, 2010, the United States Department of Agriculture Rural Development (“Rural Development”) approved North Star Electric Cooperative, Inc.’s application for a grant (“Grant”) to make an initial loan to Lake of the Woods County from Rural Development, pursuant to Section 313 of the Rural Electrification Act of 1936, as amended (“Act”) and 7 CFR part 4280; and  

WHEREAS, North Star Electric Cooperative, Inc. intends to use the proceeds of the Grant for the sole purpose of establishing and operating a revolving loan fund (the “Revolving Loan Fund”) to finance projects in accordance with North Star Electric Cooperative, Inc.’s approved revolving loan plan dated June 2, 2010, as approved by Rural Business and Cooperative Service; and

WHEREAS, the original loan made from the Revolving Loan Fund will be made to Lake of the Woods County Economic Development Authority to finance construction of a building (the “Building”) to be used for a line worker’s school (the “Loan”) to be operated by Wadena Community College; and

WHEREAS, North Star Electric Cooperative, Inc., on December 14, 2010, conveyed and quitclaimed unto the County of Lake of the Woods (the “County”), the following described real property (“Property”) which is situated in the County of Lake of the Woods, State of Minnesota, which is legally described as follows, to wit:

That part of the Southwest Quarter of the Southwest Quarter (SW1/4-SW1/4) and the Southeast Quarter of the Southwest Quarter (SE1/4-SW1/4), Section 27, Township 161 North, Range 31 West, Lake of the Woods County, Minnesota, lying southwesterly of the southwesterly right of way line of Minnesota State Trunk Highway 172 and lying easterly of the following described line: Commencing at the southwest corner of said SW1/4-SW1/4; thence North 89 degrees 59 minutes 19 seconds East, assumed bearing, 1043.00 feet along the south line of said SW1/4-SW1/4 to the point of beginning of the line to be described; thence North 00 degrees 00 minutes 41 seconds West 196.00 feet; thence North 42 degrees 54 minutes 21 seconds East 523 feet, more or less, to said southwesterly right of way line of Minnesota State Trunk Highway 172 and said line there terminating; subject to the right of way for County Road 88 (4^th Street Northwest); subject to other easement, reservations or restrictions of record, if any.

WHEREAS, North Star Electric Cooperative, Inc. retains a right of reversion in the event that the Property is not regularly and exclusively used for educational purposes; and

WHEREAS, the County has entered into construction contracts (the “Construction Contracts”) for the Building and construction activities on the Property has already begun; and

WHEREAS, the County Board of Commissioners (the “Board”) adopted an enabling resolution (the “Enabling Resolution”) pursuant to Minnesota Statutes, Chapter 469 (the “Act”) establishing the Lake of the Woods  County Economic Development Authority (the “EDA”) on September 14, 2010, as Resolution No. 10-09-01; and

WHEREAS, under Minnesota Statutes Section 465.035 a county may lease or convey its land for a nominal consideration, without consideration, or for such consideration as may be agreed when authorized by its governing body; and

WHEREAS, the Board desires to convey the Property and Building, and assign the Construction Contracts to the EDA to facilitate construction of the Building and the establishment of the line worker’s school; and

WHEREAS, Wadena Community College intends to lease the Building from the EDA; and

WHEREAS, as a condition of the Loan by North Star Electric Cooperative, Inc. the EDA is required to pledge the Property and Building as collateral; and

WHEREAS, the lease payments made by Wadena Community College are anticipated to be sufficient to cover all debt payments on the Loan; and

WHEREAS, the Board desires to authorize the EDA to enter into an agreement or agreements for the Loan with North Star Electric Cooperative, Inc. including approving a debt obligation of the EDA and agree to consider annually whether to impose a county-wide levy of the EDA as authorized by Minnesota Statutes, Section 469.107 in the event lease payments are insufficient to cover debt payments on the Loan; and

WHEREAS, the Enabling Resolution of the EDA may be modified to make any changes as authorized by the Act or deemed appropriate by the County Board of Commissioners.

NOW, THEREFORE:

BE IT RESOLVED by the Board, that the conveyance of the Property to the EDA is in the best interests of the County and its people, and that the transaction furthers its general plan of economic development and the conveyance of the Property to the EDA is approved.

BE IT RESOLVED by the Board, that the County approves the Loan and borrowing from North Star Electric Cooperative, Inc. by the EDA

BE IT RESOLVED by the Board, that the County agrees to consider annually whether to impose a county-wide levy on behalf of the EDA, pursuant to and as limited by Minnesota Statutes, Section 469.107, in the event lease payments are insufficient to cover debt service payments on the Loan.

BE IT FURTHER RESOLVED by the Board, that the County authorizes its Chairperson and Auditor, on behalf of the County, to execute any and all such documents and instruments as may be necessary to (a) facilitate the conveyance of the Property to the EDA, including a quit claim deed in substantially the same form as attached in Exhibit B, and (b) assign the Construction Contracts to the EDA.

Duly adopted by the Commission this 4th day of January, 2011.

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

 EDA meeting/Joint Powers Agreement

Commissioner Patty Beckel discussed the EDA information meeting on January 10, 2011 and asked the board if they could meet at 5:30 p.m. instead of 6:00 p.m. as posted.  The board concurred to meet at 5:30 p.m. on January 10, 2011. Commissioner Patty Beckel informed the board that there is a process to dissolve the Joint Powers Agreement with the Economic Development that is in place at this time. The board reviewed the process and requested that Commissioner Patty Beckel bring back a letter for them to review to start the process of dissolution of the Joint Powers Agreement.

Correspondence:

The following correspondence was acknowledged:

• Depot Preservation Alliance
• Williams Ice Arena Association
• USDA Rural Development

Legal Newspaper – Bid Opening

Chairman Moorman called for the bid opening at 11:00 a.m. as advertised for the Official Legal Newspaper for the year 2011.

Deputy Auditor Lorene Hanson opened the sealed bids for the official legal newspaper as follows:

Legal Newspaper Bidding
Lake of the Woods County Bid Opening For
Legal Publishing for 2011
January 4, 2011
		Per Standard Advertising Unit
		Financial Statement	Delinquent Tax List	All Other Publications
		1st Publ.	2nd Publ	1st Publ	2nd Publ
Baudette Region
PO Box 39		$0.65	$3.50	$0.65	0.65	$0.65	$0.65
Baudette, MN  56623
218-634-1722
Northern Light
PO Box 1134		$1.50	$3.95	$1.50	$1.50	$1.50	$1.50
Baudette, MN  56623
218-634-2700
			Award To:
Official Legal Newspaper			Baudette Region
1st Publ/Financial Stmnt			Baudette Region
2nd Publ/Financial Stmnt		Northern Light
1st Delinq Tax List			Baudette Region
2nd Delinq Tax List			Baudette Region
All Other			Baudette Region

Motion was made by Commissioner Todd Beckel to designate the Baudette Region as the Official Legal Newspaper of the County for 2011 and to award the first publication of the annual financial statement, the first and second publications of the delinquent tax list and all other legal publishing to the Baudette Region.  It was further moved to award the bid for the second publication of the annual financial statement to the Northern Light. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

County Sheriff

County Sheriff, Dallas Block met with the Board and introduced Chief Deputy Sheriff Terry Bandemer to the board. The board welcomed Terry to Lake of the Woods County.

HUMAN RESOURCE DIRECTOR

Human Resource Director, Wade Johannesen met with the board to discuss the start date for Chief Deputy Sheriff, Terry Bandemer.  He informed the board that he made a clerical error in the start date from last meeting and the motion should have stated January 1, 2011 and not January 3, 2011 to satisfy insurance requirements.

Motion

Motion was made by Commissioner Arnesen to amend Chief Deputy Sheriff effective start date to January 1, 2011.  The motion was seconded by Commissioner Patty Beckel and the vote carried as follows:  Voting for:  Commissioners Arnesen, Patty Beckel, Hanson and Moorman.  Voting against:  Commissioner Todd Beckel.

County Road 33

Public Works Director, Tim Erickson, Maintenance Supervisor, Jeff Pelland and Assistant Engineer Bill Sindelir met with the board to discuss County Road 33right-of way issues.  The board requested that the Public Works Department send a letter on right-of-ways to the land owner.

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 12:45 p.m.

Attest:                                                             Approved:       January 11, 2011

____________________________                _______________________________

John W. Hoscheid, County Auditor               Ken Moorman, Chairman  

Commissioner Proceedings

January 11, 2011

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, January 11, 2011, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chairman Moorman called the meeting to order at 11:05 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were: Deputy Auditor, Loren Hanson, Deputy Auditor Janet Rudd, John Oren and Penny Mio Hirst.

Approval of Agenda

Motion was made by Commissioner Hanson to approve the agenda for the meeting today with the following additions: recruit and hire Social Worker; Minnesota City Participation Program; Red River Valley Development Association. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Patty Beckel to approve the consent agenda for travel: Dan Crompton and Boyd Johnson to attend Trimble Certified RTK Access Software GPS Training Course on February 15-16, 2011 in Maple Grove; John W. Hoscheid for TIF training on February 24-25, 2011 in St. Paul.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Approval of Minutes

Motion was made by Commissioner Patty Beckel to approve the organizational minutes of January 4, 2011 with changes. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Social Services Department

Claims

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

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

                                                Commissioners’ Warrants  $  9,080.05

                                                Commissioners’ Warrants  $10,945.21

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

Recruit and Hire Social Worker

Social Services Director, Nancy Wendler met with the Board and informed them that she accepted the resignation of Social Worker, Monique Arnesen effective January 21, 2011 and requested approval to recruit and hire a replacement Social Worker.

Motion was made by Commissioner Todd Beckel to authorize Social Service Director, Nancy Wendler to advertise and hire a replacement Social Worker at grade 12 step 1.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

County Auditor

Claims

Deputy Auditor, Lorene Hanson met with the Board and requested approval of claims. 

Motion was made by Commissioner Tom Hanson to approve the following claims against the County as presented:

                                                Revenue                                $ 230,380.45

                                                Road & Bridge                      $106,648.54             

                                                County Development            $       200.00       

                                                Solid Waste                           $ 49,626.62 

WARRANTS FOR PUBLICATION

Warrants Approved On 1/11/2011 For Payment 1/14/2011

Vendor Name                                                       Amount

Affiliated Computer Services                                          4,903.81

Cenex Co-Op Services, Inc.                                            3,363.16

Howard’s Oil Company                                                   2,737.58

Lakes Gas Co.                                                                4,604.72

Low Soil & Water Cons. Dist.                                       78,194.00

Mar-Kit Landfill                                                            8,078.40

Mn Assn Of Counties                                                     3,559.00

Mn Counties Computer Co-Op                                     38,097.32

Mn Counties Insurance Trust                                     171,566.00

Mn Municipal Utilities Assoc                                         7,525.00

Moren/Law Offices Of Patrick D                                    5,549.00

MSpace Inc                                                                   18,509.85

North East Technical Service,Inc                                    3,248.89

Northwest Mechanical Of Bemidji Inc                           2,631.94

Nw Mn Household Hazardous                                        5,334.40

Reserve Account                                                             2,000.00

Voyageurs Comtronics, Inc                                            2,640.00

Woody’s Service                                                             6,332.06

43 Payments less than 2000 $17,980.48

Final Total: $386,855.61

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

                                                December 30, 2010            $97,894.12

                                                January 7, 2011                  $80,386.08

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

Arrowhead Library System (ALS)

Deputy Auditor, Lorene Hanson presented a listing of the ALS Governing Board members for their review as requested from January 4, 2011 meeting.

Red River Valley Development Association

Deputy Auditor, Lorene Hanson requested approval from the board to appoint Ken Horntvedt as a representative on the Board of Directors for the Red River Valley Development Association for a three-year term.

Motion was made by Commissioner Todd Beckel to appoint Ken Horntvedt as a representative on the Board of Directors for the Red River Valley Development Association for a three-year term contingent upon Ken’s his acceptance of the appointment.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Minnesota City Participation Program(MCPP)

Deputy Auditor, Lorene Hanson asked the board if they would like to participate in the Minnesota City Participation Program this year.  She informed the board that there is no cost to this program as there was in the past.  The board concurred that county would participate in the MCPP.

SHERIFF

County Sheriff, Dallas Block and Chief Deputy Sheriff, Terry Bendemer met with the board requesting permission to interview and hire a Permanent Part-time Deputy Sheriff for the North West Angle. Dallas informed the board that this position requires 30 hours a week, on call with county benefits.

Motion was made by Commissioner Arnesen to authorize County Sheriff, Dallas Block to interview and hire a Permanent Part-time Deputy Sheriff, working 30 hours per week, on call and with county benefits. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Land and Water Planning Director

Land and Water Planning Director Josh Stromlund met with the County Board requesting approval for signatures to sign the Perpetual Conservation Easement for Wetland Bank document, Adoption for Resolution to Establish Wetland Functional Value Replacement Fund Fee Schedule and Resolution to Establish a Replacement Credit Fee Schedule.

Motion- Perpetual Conservation Easement For Wetland Bank

Motion was made by Commissioner Todd Beckel to authorize Chairman Moorman and County Auditor, John W. Hoscheid to sign the perpetual conservation easement for wetland bank document.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Resolution for Adoption to Establish a Wetland Functional Value Replacement Fund Fee Schedule

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

RESOLUTION TO ESTABLISH A WETLAND FUNCTIONAL VALUE REPLACEMENT FUND FEE SCHEDULE

Resolution 2011-01-03

WHEREAS, Lake of the Woods County is the local government unit responsible for the implementation of the Wetland Conservation Act according to Minnesota Statute 103G.005, subdivision 10e; and

WHEREAS, Lake of the Woods County has adopted a resolution acknowledging the responsibility to implement the Wetland Conservation Act; and

WHEREAS, as an alternative to the rules adopted under Minnesota Statutes, section 103G.2242, subdivision 1, and the public value criteria established or approved under Minnesota Statutes, section 103B.3355, a comprehensive wetland protection and management plan may be developed by a local government unit; and

WHEREAS, Lake of the Woods County has adopted a Local Comprehensive Wetland Management Plan and Ordinance according to Minnesota Statute 103G.2243; and

WHEREAS, the Lake of the Woods County Board of Commissioners has delegated decision authority for exemption, no loss, wetland boundary and type, sequencing, replacement plan, and wetland banking determinations to the Land and Water Planning Director; and

WHEREAS, the Local Comprehensive Wetland Management Plan and Ordinance allows for the creation of a wetland functional value replacement fund; and

WHEREAS, the wetland functional value replacement fund is a dedicated fund that is administered by the Lake of the Woods Soil and Water Conservation District, to be used for projects within the county that replace wetland related functions; and

WHEREAS, the use of credits outside the county, to replace impacts within Lake of the Woods County, shall be allowed using the most current Wetland Conservation Act replacement ratios plus an additional contribution to the wetland functional value replacement fund; and

THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby establishes the wetland functional value replacement fund to be at a rate of $0.15/square foot.

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

Resolution for Adoption to Establish a Replacement Credit Fee Schedule

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

RESOLUTION TO ESTABLISH A REPLACEMENT CREDIT FEE SCHEDULE

Resolution 2011–01-04

WHEREAS, Lake of the Woods County is the local government unit responsible for the implementation of the Wetland Conservation Act according to Minnesota Statute 103G.005, subdivision 10e; and

WHEREAS, Lake of the Woods County has adopted a resolution acknowledging the responsibility to implement the Wetland Conservation Act; and

WHEREAS, as an alternative to the rules adopted under Minnesota Statutes, section 103G.2242, subdivision 1, and the public value criteria established or approved under Minnesota Statutes, section 103B.3355, a comprehensive wetland protection and management plan may be developed by a local government unit; and

WHEREAS, Lake of the Woods County has adopted a Local Comprehensive Wetland Management Plan and Ordinance according to Minnesota Statute 103G.2243; and

WHEREAS, Lake of the Woods County has an approved wetland bank established under Minnesota Statute 103G.2242; and

WHEREAS, Lake of the Woods County has the authority to establish the cost for withdrawal of replacement credits from the wetland bank; and

WHEREAS, the Lake of the Woods County Board of Commissioners has delegated decision authority for exemption, no loss, wetland boundary and type, sequencing, replacement plan, and wetland banking determinations to the Land and Water Planning Director; and

WHEREAS, the Land and Water Planning Director has the authority to sell credits within and outside of the county to mitigate impacts; and

THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby establishes the cost of credits to be sold outside of the county to mitigate impacts in other areas of Minnesota to be at a rate of $0.30/square foot; and

THEREFORE, BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners hereby establishes the cost to mitigate impacts within Lake of the Woods County, which would mitigate impacts within Lake of the Woods County, at a rate of $0.15/square foot for Category 3 wetlands, $0.20/square foot for Category 2 wetlands, and $0.25/square foot for Category 1 wetlands.

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

RECESS

The meeting was called to recess at 12:35 p.m. and reconvened at 12:40 p.m. as follows:

Co. Road #33

Public Works Director, Tim Erickson, Maintenance Supervisor, Jeff Pelland, Assistance Public Works Director, Bill Sindelir and Terri Vanguilder met with the board to discuss Co. Road 33 safety concerns of the right-of-way issue on Co. Road #33. The consensus of the board was to have Commissioner Patty Beckel arrange a meeting with the Landowners, Resorts and Public Works Department to try to resolve the Co. Road 33 right-of –way issues.

Public Works Department

Public Works Director, Tim Erickson and Office Manager, Marti Carlson met with the board requesting authorization to purchase the ACS NewRoads Public Works Management System software for the Public Works Department. Marti informed the board that this program was budgeted for in 2008 but the program was not ready until now.

Motion was made by Commissioner Hanson to authorize Public Works Director to purchase the ACS NewRoads Public Works management System software for the Public Works Department as previously approved within the 2008 capital expenditure budget.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Joint Powers Agreement – dissolution

Commissioner Patty Beckel informed the board that the first step in dissolving the Joint Powers Agreement that established the Lake of the Woods Office of Economic Development is to petition all members of the Joint Powers Agreement.  Commissioner Patty Beckel presented the draft petition to the board for their review. 

Motion was made by Commissioner Patty Beckel to authorize Chairman Moorman to sign the petition to terminate the Joint Powers Agreement that established the Lake of the Woods Office of Economic Development. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Wheeler’s Point Sanitary Board Appointments

Commissioner Patty Beckel informed the board that two members of the Wheeler’s Point Sanitary Board are up for appointment.

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

Resolution for

Election of Wheelers Point Sanitary District Board Members

Resolution 2011-01-05

WHEREAS, Lake of the Woods County Board of Commissioners adopted the creation of a sanitary district for Wheelers Point District on September 27, 2005;

WHEREAS, Lake of the Woods County Board of Commissioners is the central related governing body of the Wheelers Point Sanitary District;

WHEREAS, Lake of the Woods County Board of Commissioners has the authority to elect members to the Wheelers Point Sanitary District Board by resolution to fill expired terms;

NOW, THEREFORE, BE IT RESOLVED THAT, Lake of the Woods County Board of Commissioners elect Kent Spears and Brian Ney for a term to expire January 2, 2014.

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

Old/New Business

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund-none

County T.V. – bill are just a reminder and they will be less

Land Acquisition- acquiring land for towers

Red Lake Tribe- Commissioner Arnesen and Todd Beckel are meeting with them on 01-12-11

Township Road Inventory-priority for 2011

Line Workers School – none

Inventory- priority for 2011

Veterans Service Policy- meeting date to be set

Beaver – looking into options/clarification

Clementson Bridge Property- will be talking to Public Works Director

CAMA- none

Committee Reports:

Commissioner Todd Beckel reported on the following:

• MRCC
• Northern County Land Use
• Rail Road State Assessed Property

Committee of the Whole Date

The board set February 7, 2011 to meet as the Committee of the Whole at 9:00 a.m. in the Commissioners’ Room to establish goals and objectives for 2011.

RECESS

With no further business before the Board, Chairman Moorman called the meeting to recess at 2:04 p.m.

Attest:                                                                                     Approved: January 25, 2011

____________________________                                        ____________________________

Janet E. Rudd, Deputy Auditor                                             Ken Moorman, Board Chairman

Commissioner Proceedings

January 25, 2011

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, January 25, 2011, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

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

Approval of Agenda

Motion was made by Commissioner Hanson to approve the agenda for the meeting today with the following additions: CHI contract, “Legal Opinion”, appointment of Chief Deputy Auditor, year-end fund balances, Sheriff- Joel Hopps resignation/insurance and copy machine, Lude tower, change EDA Public Hearing to TIF Public Hearing and goals and objectives for 2011. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Patty Beckel to approve the consent agenda for travel: Travel for Marti Carlson and Michele Paradise to St. Cloud for ACS Annual Highway Users Meeting on February 9&10; Lorene Hanson to St. Paul for TIF training on February 24-25.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Approval of Minutes

Motion was made by Commissioner Todd Beckel to approve the minutes for the regular meeting of January 11, 2011. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Social Services Department

Claims

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

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

                                                Commissioners’ Warrants  $  11,773.87

                                                Commissioners’ Warrants  $  30,481.94

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

Year of Service Recognition

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

Recognition of years of service

Monique Arnesen

Resolution 2011 –01-06

Whereas:  Monique Arnesen has served the residents of Lake of the Woods County since October 2007 for the Lake of the Woods County Social Services Department;

Whereas:  Monique Arnesen has resigned from Lake of the Woods County service effective January 21, 2011

Now Therefore, Be it Resolved:  That the Lake of the Woods County Board of Commissioners extends its deepest appreciation to Monique’s dedicated service and best wishes to her.

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

Legal Opinion

County Attorney, Philip Miller met with the board to inform them that he serves on LakeWood Health Centers Board of Directors and that LakeWood Health Center is part of CHI which provides services to Lake of the Woods Social Services Department. Philip informed the board that he does not see that there is a direct conflict of interest with his position on LakeWood Health Centers board of directors. The board thanked County Attorney Philip Miller for informing them on his position with LakeWood Health Center.  The consensus of the board was they did not feel that there is a conflict of interest.   

CHI Health Connect at Home-Fargo

Social Services Director, Nancy Wendler met with the board requesting approval for the 2011 CHI Health Connect at Home.

Motion

Motion was made by Commissioner Todd Beckel to to approve the contract between CHI Health Connect at Home-Fargo and Lake of the Woods County Social Services for 2011, for the provision of housing with services for Alternative Care, Elderly Waiver, and Community Alternatives for Disabled Individuals programs, and to authorize Chairman Ken Moorman and Lake of the Woods County Social Services Director, Nancy Wendler, to sign.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. 

County Auditor

Claims

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

Motion was made by Commissioner Patty Beckel to approve the following claims against the County as presented:

                                                Revenue                                $ 34,913.80

                                                Road & Bridge                      $   9,442.10         

                                                Solid Waste                           $   1,254.01 

                                                                                              $ 45,609.91                              

WARRANTS FOR PUBLICATION

Warrants Approved On 1/25/2011 For Payment 1/28/2011

Vendor Name                                               Amount

Hoffman, Dale, & Swenson, Pllc           2,694.00

Low Fair Association                          15,000.00

Minnesota Unemp                                 7,107.54

Shi Corp                                                3,749.61

48 Payments less than 2000 $17,058.76

Final Total: $45609.91

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

                                                January 11, 2011                 $   1,404.17

                                                January 11, 2011                 $ 79,281.12

                                                January 20, 2011                 $166,917.17

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

Year of Service Recognition

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

Recognition of years of service

Stacy Novak

Resolution 2011 – 01-07

Whereas:  Stacy Novak has served the residents of Lake of the Woods County since April of 2009 for the Lake of the Woods County Auditor’s Office;

Whereas:  Stacy Novak has resigned from Lake of the Woods County service effective January 21, 2011

Now Therefore, Be it Resolved:  That the Lake of the Woods County Board of Commissioners extends its deepest appreciation to Stacy dedicated service and best wishes to her.

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

Consulting Contract

County Auditor, John W. Hoscheid met with the board and presented a contract to provide assistance with the duties of the Deputy Auditor/Executive Administrator position with the Lake of the Woods County Auditor’s office. No action was taken at this time.

Vacancy in Auditor’s Office

County Auditor, John W. Hoscheid informed the board that he is not filling the vacant position in the Auditor’s Office at this time, but wants to reserves the right to hire in the future.

Appointment of Chief Deputy Auditor

County Auditor, John W. Hoscheid discussed the position of a Chief Deputy Auditor.    The County Auditor stated he had researched and contacted other counties with a Chief Deputy Auditor position.  Also, as having the opportunity to serve as the Interim County Auditor in Roseau this past year, he was able to see how their office operated.     The functions of their office are very similar to ours, with the exception of not having Motor Vehicle, Driver License and Game and Fish. Each Deputy Auditor has one area of responsibility/expertise.  They have one for payroll, one for benefits, one for financial and one for taxes; and they all assist with the election process.  Lake of the Woods County has one person who does all of these functions: payroll, benefits, financial, assists with taxes and election and has various other administrative duties. He stated with the current vacancy in his office, he sees this as an opportunity for him to take over the tax position, with the assistance of the new position, and have a potential savings of $50,000 for the County.  During the past year, when he was out for personal reasons, Lorene Hanson was acting auditor in charge and he relied on her and felt comfortable that the business was taken care of properly.  In addition, while he was assisting Roseau County as Interim Auditor; Lorene, as second in command, presided over the office attending to the required duties at the time.  Multiple counties call our office for her assistance in payroll and financial advice, including the current state auditors.  Lorene has worked for Lake of the Woods County for 24 years and has always been the “Go To” person for all offices when they have questions. With all of this in mind, the County Auditor felt that it was time to officially appoint her as the Chief Deputy Auditor.  The major change in her position with the appointment of Chief Deputy Auditor would be that this position would now officially serve as the County Auditor in his absence.   The County Auditor can appoint a Chief Deputy without the approval of the County Board; however he felt that having the County Board of Commissioners make the appointment was more appropriate.

Motion

Motion was made by Commissioner Arnesen to appoint Lorene Hanson as Chief Deputy Auditor effective January 25, 2011.   The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Minnesota Association of County Officers(MACO)

County Auditor, John W. Hoscheid informed the board that he was elected to the MACO Board of Directors for District 1.

Northwest Community Action(NWCA)/County Surveyor Liaison

County Auditor, John W. Hoscheid presented a letter from NWCA informing them that this year Lake-of-the-Woods County is in position to appoint two “regular” board members for 2011 per NWCA by-laws.

Motion

Motion was made by Commissioner Arnesen to appoint Commissioner Moorman as a delegate and appoint Commissioner Hanson as the alternate to the NWCA board.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. (Commissioner Arnesen was appointed to the NWCA board  on January 4, 2011)

 Motion was made by Commissioner Arnesen to designate Commissioner Todd Beckel as the liaison to the County Surveyor’s Office.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Rescind Economic Development Authority Resolution No. 2011-01-02

Approve Resolution No. 2011-01-08

County Auditor, John W. Hoscheid informed the board that Gerad Paul, Attorney for Minkota Power Cooperation informed him that the EDA Resolution that was passed on January 4, 2011 Resolution No. 2011-01-02 had Commissioner Arnesen voting when he should of abstained from voting due to a possible conflict of interest.

Motion was made by Commissioner Arnesen to rescind Resolution No. 2011-01-02 “Approving the Transfer of Land, Granting the Authority to Enter into a Loan Agreement and Approving an EDA Levy in the event of a budget shortfall. “  The motion was seconded by Commissioner Patty Beckel_ and the same being put to a vote, was unanimously carried.

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

RESOLUTION NO. 2011-01-08

APPROVING THE TRANSFER OF LAND,

GRANTING THE AUTHORITY TO ENTER INTO

A LOAN AGREEMENT AND APPROVING AN EDA

LEVY IN THE EVENT OF A BUDGET SHORTFALL

WHEREAS, on September 30, 2010, the United States Department of Agriculture Rural Development (“Rural Development”) approved North Star Electric Cooperative, Inc.’s application for a grant (“Grant”) to make an initial loan to Lake of the Woods County from Rural Development, pursuant to Section 313 of the Rural Electrification Act of 1936, as amended (“Act”) and 7 CFR part 4280; and  

WHEREAS, North Star Electric Cooperative, Inc. intends to use the proceeds of the Grant for the sole purpose of establishing and operating a revolving loan fund (the “Revolving Loan Fund”) to finance projects in accordance with North Star Electric Cooperative, Inc.’s approved revolving loan plan dated June 2, 2010, as approved by Rural Business and Cooperative Service; and

WHEREAS, the original loan made from the Revolving Loan Fund will be made to Lake of the Woods County Economic Development Authority to finance construction of a building (the “Building”) to be used for a line worker’s school (the “Loan”) to be operated by Wadena Community College; and

WHEREAS, North Star Electric Cooperative, Inc., on December 14, 2010, conveyed and quitclaimed unto the County of Lake of the Woods (the “County”), the following described real property (“Property”) which is situated in the County of Lake of the Woods, State of Minnesota, which is legally described as follows, to wit:

That part of the Southwest Quarter of the Southwest Quarter (SW1/4-SW1/4) and the Southeast Quarter of the Southwest Quarter (SE1/4-SW1/4), Section 27, Township 161 North, Range 31 West, Lake of the Woods County, Minnesota, lying southwesterly of the southwesterly right of way line of Minnesota State Trunk Highway 172 and lying easterly of the following described line: Commencing at the southwest corner of said SW1/4-SW1/4; thence North 89 degrees 59 minutes 19 seconds East, assumed bearing, 1043.00 feet along the south line of said SW1/4-SW1/4 to the point of beginning of the line to be described; thence North 00 degrees 00 minutes 41 seconds West 196.00 feet; thence North 42 degrees 54 minutes 21 seconds East 523 feet, more or less, to said southwesterly right of way line of Minnesota State Trunk Highway 172 and said line there terminating; subject to the right of way for County Road 88 (4^th Street Northwest); subject to other easement, reservations or restrictions of record, if any.

WHEREAS, North Star Electric Cooperative, Inc. retains a right of reversion in the event that the Property is not regularly and exclusively used for educational purposes; and

WHEREAS, the County has entered into construction contracts (the “Construction Contracts”) for the Building and construction activities on the Property has already begun; and

WHEREAS, the County Board of Commissioners (the “Board”) adopted an enabling resolution (the “Enabling Resolution”) pursuant to Minnesota Statutes, Chapter 469 (the “Act”) establishing the Lake of the Woods  County Economic Development Authority (the “EDA”) on September 14, 2010, as Resolution No. 10-09-01; and

WHEREAS, under Minnesota Statutes Section 465.035 a county may lease or convey its land for a nominal consideration, without consideration, or for such consideration as may be agreed when authorized by its governing body; and

WHEREAS, the Board desires to convey the Property and Building, and assign the Construction Contracts to the EDA to facilitate construction of the Building and the establishment of the line worker’s school; and

WHEREAS, Wadena Community College intends to lease the Building from the EDA; and

WHEREAS, as a condition of the Loan by North Star Electric Cooperative, Inc. the EDA is required to pledge the Property and Building as collateral; and

WHEREAS, the lease payments made by Wadena Community College are anticipated to be sufficient to cover all debt payments on the Loan; and

WHEREAS, the Board desires to authorize the EDA to enter into an agreement or agreements for the Loan with North Star Electric Cooperative, Inc. including approving a debt obligation of the EDA and agree to consider annually whether to impose a county-wide levy of the EDA as authorized by Minnesota Statutes, Section 469.107 in the event lease payments are insufficient to cover debt payments on the Loan; and

WHEREAS, the Enabling Resolution of the EDA may be modified to make any changes as authorized by the Act or deemed appropriate by the County Board of Commissioners.

NOW, THEREFORE:

BE IT RESOLVED by the Board, that the conveyance of the Property to the EDA is in the best interests of the County and its people, and that the transaction furthers its general plan of economic development and the conveyance of the Property to the EDA is approved.

BE IT RESOLVED by the Board, that the County approves the Loan and borrowing from North Star Electric Cooperative, Inc. by the EDA

BE IT RESOLVED by the Board, that the County agrees to consider annually whether to impose a county-wide levy on behalf of the EDA, pursuant to and as limited by Minnesota Statutes, Section 469.107, in the event lease payments are insufficient to cover debt service payments on the Loan.

BE IT FURTHER RESOLVED by the Board, that the County authorizes its Chairperson and Auditor, on behalf of the County, to execute any and all such documents and instruments as may be necessary to (a) facilitate the conveyance of the Property to the EDA, including a quit claim deed in substantially the same form as attached in Exhibit B, and (b) assign the Construction Contracts to the EDA.

The resolution was seconded by Commissioner Hanson, and the vote carried as follows: Voting for: Commissioners Patty Beckel, Todd Beckel, Hanson and Moorman. Commissioner Arnesen abstained from voting.

Year End Balances

County Auditor, John W. Hoscheid gave a brief update on 2010 year end balances.  He informed the board on the following:  Highway Fund ; + 500,000 ; Social Service Fund; -120,000; Revenue Fund; -85,000; Solid Waste Fund; zero ; Economic Development Fund: zero.

SHERIFF’S OFFICE

Resignation

County Sheriff, Dallas Block met with the board to discuss Joel Hopps resignation effective January 25, 2011. Joel’s last working day is February 12, 2011, and accordance with personnel policy and procedures, will take vacation and/or compensation time from February 13 thru February 25, thereby making his last “official day” February 25, 2011.

Copy Machine

County Sheriff, Dallas Block met with the board and informed them that MNJac has funding for them to acquire a copy machine for the office.

GIZIIBII

George Zimmerman, Giziibii RC&D Coordinator met with the board and presented the 2010 Annual Report.

HEADWATERS REGIONAL DEVELOPMENT COMMISSION

Emily Brooks, Development Specialist met with the board and informed them that HRDC partnered with the North County Health Board and SHIP Collaborative to develop and begin implementation of an “Active Living” intervention to implement policies and practices that create active communities by increasing opportunities for non-motorized transportation and access to community recreation facilities. Emily informed the board that they would like to kick off this project in early February and would like two members of the board to be part of the steering committee for this project.  Commissioner Moorman and Hanson will participate on the committee. Emily requested that the board pass a “Lake of the Woods County Active Living Resolution” in support of the active living vision.  

Resolution

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

RESOLUTION 2011-01- 09

LAKE OF THE WOODS COUNTY ACTIVE LIVING RESOLUTION

Whereas, the Headwaters Regional Development Commission (HRDC) began active living efforts in the Bemidji Area in 2008 and has begun a region-wide approach to active living after the completion of an Active Living Strategic Plan (The Plan) July 2010, in partnership with the North Country Health Board (funded via the Statewide Health Improvement Program (SHIP)); and

Whereas, the HRDC and the Local SHIP Leadership Team utilized information gathered from public engagement meetings and a SWOT analysis (strengths, weaknesses, opportunities, and threats) to develop an Active Living vision, goals, objectives, and strategies for Baudette and the Lake of the Woods Area; and

Whereas, physical inactivity, poor nutrition, and smoking are all leading causes of increased rates of obesity and preventable (chronic) illness; and

Whereas, a mutual respect among all modes of transportation creates community cohesion, a distinct quality of place, and increased mobility for all residents and visitors

Whereas, there are wide ranging benefits to designing communities and streets that work for all people, including:

• Safety
• Quality of place
• Sustainable and responsible land use
• Cost effectiveness
• Health benefits
• Transportation options
• Accessibility for all people
• Equity
• Convenience

Therefore, be it resolved, Lake of the Woods County (LOW County) supports the regional Active Living Vision:

Through deliberate, collective action, the Headwaters Region will be a place:

• Where there exists a mutual respect among all modes of transportation.
• That has been recognized nationally as a safe and healthy place to live.
• That is as accessible for bicyclists and pedestrians as it is for motor vehicles.
• Where physical activity is safe, easy, accessible and a common occurrence for residents.
• That has strong connections-allowing people to comfortably navigate to and from destinations in the community.
• Where children can safely walk and bicycle to school.

 Therefore, be it resolved, Lake of the Woods County (LOW County) supports the regional Active Living Vision:

• Through deliberate, collective action, the Headwaters Region will be a place:
• That has been recognized nationally as a safe and healthy place to live.
• That is as accessible for bicyclists and pedestrians as it is for motor vehicles.
• Where physical activity is safe, easy, accessible and a common occurrence for residents.
• That has strong connections-allowing people to comfortably navigate to and from destinations in the community.
• Where children can safely walk and bicycle to school.

Be it further resolved, that LOW County supports and endorses the following active living principles:

1. Communities should promote policies that create and support an active living environment.
2. Communities should consider and evaluate the needs of all modes of transportation when planning for and designing roadways, including users of all ages and abilities.
3. Communities should plan for, construct, and maintain infrastructure that makes physical activity a safe, easy, accessible, and enjoyable option.

Be if further resolved, that LOW County understands the importance of health and wellness and therefore supports the regional Active Living Vision statement.

Now, therefore be it resolved, that LOW County will consider incorporating active living objectives and strategies into our public policies, planning, programs, and physical infrastructure projects as opportunities for implementation occur.

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

Public Works Department

Public Works Director, Tim Erickson, Maintenance Supervisor, Jeff Pelland, Assistant Engineer Bill Sindelir and Office Manager, Marti Carlson met with the board for the following requests:

2011 Chevrolet Tahoe

Public Works Director, Tim Erickson requested approval to purchase a 2011 Chevrolet Tahoe from his 2011 capital expenditure budget.

Motion

Motion was made by Commissioner Todd Beckel to authorize the Public Works Director to purchase a 2011 Chevrolet Tahoe Special Service 4×4 Utility SUV for the Public Works Department, as previously approved within the 2011 capital expenditure budget.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Building Maintenance Alignment

Public Works Director, Tim Erickson and Maintenance Supervisor, Jeff Pelland met with the board to discuss the transfer of the Maintenance Department and the Safety Department from the Auditor’s office to the Public Works Department back in January 1, 2010 at which time the board requested to them to come back and review the restructuring of the departments duties of Building Maintenance.  They informed the board that the transfer has been working fine. Tim requested that Maintenance Supervisor receive a two step increase for the additional duties.

Motion

Motion was made by Commissioner Hanson to approve the Highway Maintenance Supervisor one step increase from grade 15, step 8 to grade 15, step 9 effective January 23, 2011.  The motion was seconded by Commissioner Arnesen and the vote carried as follows:  Voting for:  Commissioners Patty Beckel, Hanson, Moorman and Arnesen.  Voting against:  Commissioner Todd Beckel. (Commissioner Todd Beckel thanked the maintenance supervisor for all the great work he and his crew have accomplished over the last year and stated that now was not the time to be bringing salary request forward.)

Lineworkers’ School Facility Project

Public Works Director, Tim Erickson and Office Manager, Marti Carlson met with the board and reviewed the 2010 costs expended from Highway Funds for the Lineworkers School Facility.

Public Works Director, Tim Erickson informed the board that they will be working on a Traffic Sign Maintenance Policy and Procedures for all county roads, city roads and township roads.

Old/New Business

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund- still looking for appointments

County T.V. – none

Land Acquisition- LUP land meeting on January 26, 2011

Red Lake Tribe- met with them on January 12

Township Road Inventory- none

Line Workers School – none

Inventory- none

Veterans Service Policy- waiting to hear from Veterans Service Officer

Beaver – none

Clementson Bridge Property- Commissioner Arnesen to discuss with Public Work Director

CAMA- none

Goals and Objectives for 2011- meeting on February 7, 2011 at 8:00 a.m.

lude tower

Commissioner Todd Beckel updated the board of his communication with Michael Hogen, Communications Planning Director with Minnesota Department of Transportation (DOT) on the placement of their tower on Lake of the Woods County Property. Commissioner Todd Beckel informed the board that all the issues prior have been resolved and that they could move forward with the DOT’s agreement.

Motion

Motion was made by Commissioner Todd Beckel to enter into a Lease Agreement with Minnesota Department of Transportation for placement of their tower on Lake of the Woods County Property as described as the NW of the NW ¼, Sec. 24, T163, R34-Lakewood Township, contingent upon the approval of the Public Works Director, Land and Water Planning Director and County Attorney.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 12:04 p.m. and reconvened at 1:08 p.m. as follows:

SWCD

Feedlot Officer, Mike Hirst met with the board to review the 2010 annual County Feedlot Officer and Performance Credit Report.

Motion

Motion was made by Commissioner Todd Beckel to authorize Chairman Moorman to sign the 2010 Annual Feed Lot Report.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Land and Water Planning

Application to Plat

Land and Water Planning Director, Josh Stromlund met with the board and presented an application to plat submitted by Sportsman’s Eagle Ridge, LLC.  The board heard testimony from Richard Gross.  Josh recommended to the county board to accept the application to plat.

Motion

Motion was made by Commissioner Todd Beckel to accept and approve the application to plat submitted by Sportsman’s Eagle Ridge, LLC. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Consideration of Temporary Easement

Land and Water Planning Director, Josh Stromlund met with the board and discussed a temporary easement that is needed to allow construction work to be completed with the installation of the Williams Treatment Facility. After review with other departments, Josh recommended that this be a permanent easement.

Motion

Motion was made by Commissioner Hanson to authorize Chairman Moorman and County Auditor, John W. Hoscheid to sign the permanent easement after review and approval from the County Surveyor, County Attorney , Public Works Director and Land and Water Planning Director.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Committee Reports:

Commissioner Patty Beckel reported on the following:

• Airport Managers Contract

Commissioner Hanson reported on the following:

• SHIP funding available

Commissioner Todd Beckel reported on the following:

• AMC Board of Directors meeting
• LUP meeting

Correspondence

The following correspondence was acknowledged: Northwest Minnesota Foundation and Lake of the Woods Office of Economic Development.

Recess

The meeting was called to recess at 2:20 p.m. and reconvened at 7:00 p.m. as follows:

Tax Increment Financing Public Hearing

Motion was made by Commissioner Patty Beckel to close the regular meeting at 7:04 p.m. and open the Public Hearing as advertised.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Chairman Moorman welcomed the public to the hearing. Traci Ryan, from David Drown Associates informed the board about the Redevelopment Project No. 1 and opened the floor for questions and comments.

Motion was made by Commissioner Todd Beckel to close the public hearing at 8:00 p.m. and open the regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Approving the creation of redevelopment project no. 1, the redevelopment plan relating thereto, the creation of tax increment financing district no. 1-1and the tax increment financing plan relating thereto

The board reviewed the Resolution approving the creation of redevelopment Project No. 1 and the tax increment financing District No. 1-1 and the tax increment financing plan relating thereto.

Resolution

Member T Beckel introduced the following resolution and moved its adoption:

RESOLUTION NO. 2011-01-10

 APPROVING THE CREATION OF REDEVELOPMENT PROJECT NO. 1,

THE REDEVELOPMENT PLAN RELATING THERETO,

THE CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 1-1

AND THE TAX INCREMENT FINANCING PLAN RELATING THERETO

WHEREAS:

1. The Economic Development Authority of Lake of the Woods County, Minnesota (the “Authority”), has proposed to create Redevelopment Project No. 1, adopt a Redevelopment Plan relating thereto, create Tax Increment Financing District No. 1-1 and adopt the Tax Increment Financing Plan relating thereto, under the provisions of Minnesota Statutes, Sections 469.027 through 469.028 and 469.174 through 469.1799, inclusive, as amended (collectively, the “Act”);
2. The Authority has investigated the facts and has caused to be created the redevelopment plan for Redevelopment Project No. 1, and the tax increment financing plan for Tax Increment Financing District No. 1-1; and
3. The Authority has requested the County to approve the creation of Tax Increment Financing District No. 1-1; and
4. The EDA has performed all actions required by law to be performed prior to the creation of Redevelopment District No. 1, adoption of the Redevelopment Plan relating thereto, creation of Tax Increment Financing District No. 1-1 and the adoption of the tax increment financing plan relating thereto, including, but not limited to, notification of Lake of the Woods County and Lake of the Woods School District ISD #390 having taxing jurisdiction over the property to be included in Redevelopment Project No. 1 and Tax Increment Financing District No. 1-1.

NOW, THEREFORE, BE IT RESOLVED, by the County as follows:

1. Redevelopment Project No. 1 and Tax Increment Financing District No. 1-1. The County hereby approves the creation of Redevelopment District No. 1 and the creation of Tax Increment Financing District No. 1-1, the boundaries of which are fixed and determined as described in the Redevelopment Plan and Tax Increment Financing Plan;
2. Tax Increment Financing Plan.  The Tax Increment Financing Plan is approved as the tax increment financing plan for Tax Increment Financing District No. 1-1, and the County reaffirms the following findings;
   1. Tax Increment Financing District No. 1-1 is a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subd. 12. The reasons and facts supporting this finding are that over 70% of the parcels included in the TIF District are improved parcels, and over 50% of the buildings in the TIF District have been inspected and found to be substandard.
   2. The proposed development, in the opinion of the County, would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of Tax Increment Financing District No. 1-1 permitted by the Tax Increment Financing Plan. The reasons and facts supporting this finding are based upon written and verbal representations from the developer that without LOW EDA assistance through TIF to fund a portion of the extraordinary costs associated with redevelopment to help manage the project cost and maintain the economic viability of the project as well as to help manage the risk of moving forward with the project in the current economic climate, they would not be able to proceed with the project. A comparative analysis of estimated market values both with and without establishment of the TIF District and the use of tax increments has been performed.  Such analysis is included as Exhibit 5 in the Financing Plan.
   3. The Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 conforms to the general plan for development or redevelopment of Lake of the Woods County as a whole. The reasons and facts supporting this finding are that the County/LOW EDA has reviewed the development plans for the Bur Oak Villa project and approved the proposed plat.
   4. The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the County as a whole, for the development of the Redevelopment Project by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Redevelopment District.
3. Public Purpose.  The adoption of the Tax Increment Financing Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the County, to provide employment opportunities, to improve the tax base, and to improve the general economy of the State and thereby serves a public purpose.
4. Certification. The Auditor of Lake of the Woods County is requested to certify the original net tax capacity of Tax Increment Financing District No. 1-1 as described in the Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the Executive Director of the Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Tax Increment Financing District No. 1-1 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution.

The motion for the adoption of the foregoing resolution was duly seconded by member:  Hanson and upon vote being taken thereon, the following voted in favor thereof: Moorman, Hanson, Arnesen and T Beckel

and the following voted against the same:  NONE (P Beckel abstained)     

Whereupon said resolution was declared duly passed 4-0-1 and adopted.

Terms of Development Agreement

The board reviewed the recommendation from the EDA for the “Terms of Development Agreement” for Sportsman’s Lodge Redevelopment Project.

Motion

Motion was made by Commissioner Hanson to approve the terms of the Development Agreement for Sportsman’s Lodge Redevelopment Project and authorize Mary Frances from Fryberger, Buchanan, Smith & Frederick, P.A. to draft the Development Agreement.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Public Hearing for Proposed Business Subsidy for the J&L Hennum Inc.

The board discussed the date for the Public Hearing for the Proposed Business Subsidy to J&L Hennum Inc. (Sportsman’s Lodge)

Resolution

Board member T Beckel introduced the following resolution and moved its adoption;

Resolution No. 2011-01-11

RESOLUTION CALLING PUBLIC HEARING ON
THE PROPOSED BUSINESS SUBSIDY TO J&L HENNUM, INC. (SPORTSMAN’S LODGE)

BE IT RESOLVED by the County Board (the “Board”) of Lake of the Woods County, Minnesota (the “County”), as follows:

1. Public Hearing.  This Board will meet on Tuesday, February 22nd, 2011, at approximately 3:00 p.m. to hold a public hearing on the proposed business subsidy to J&L HENNUM, INC. (SPORTSMAN’S LODGE), in accordance with the requirements of Minnesota Statutes 116J.993 through 116J.995
2. Notice of Hearing.  The County Auditor is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a summary of the proposed Business Subsidy on file in the Auditor’s office at County Offices and to make such copies available for inspection by the public.

The motion for the adoption of the foregoing resolution was duly seconded by Board member Arnesen and upon vote being taken thereon, the following voted in favor: 

Moorman, Hanson, Arnesen, T Beckel

and the following voted against the same:  NONE (P Beckel abstained)

Whereupon said resolution was declared duly passed 4-0-1 and adopted.

Proposed Adoption of Amending the Business Subsidy Criteria

The board discussed the date for the Public Hearing for the Proposed Adoption of Amending the Business Subsidy Criteria.

Resolution

The following Board members were present: Moorman, Patty Beckel, Hanson, Arnesen, and Todd Beckel

 and the following were absent: NONE

Board member Todd Beckel introduced the following resolution and moved its adoption;

Resolution No. 2011-01-12

RESOLUTION CALLING PUBLIC HEARING ON
THE PROPOSED ADOPTION OF AMENDED BUSINESS SUBSIDY CRITERIA

BE IT RESOLVED by the County Board (the “Board”) of the County of Lake of the Woods, Minnesota (the “County”), as follows:

1. Public Hearing.  This Board will meet on Tuesday, February 22, 2011, at approximately 3:30 p.m. to hold a public hearing on the proposed adoption of amended business subsidy criteria, in accordance with the requirements of Minnesota Statutes 116J.993 through 116J.995
2. Notice of Hearing.  The County Auditor is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed modified Business Subsidy Criteria on file in the Auditor’s office at County Offices and to make such copies available for inspection by the public.

The motion for the adoption of the foregoing resolution was duly seconded by Board member Hanson and upon vote being taken thereon, the following voted in favor: Moorman, Hanson, Arnesen, Todd Beckel and the following voted against the same.  NONE (Patty Beckel abstained)

Whereupon said resolution was declared duly passed 4-0-1 and adopted.

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 8:14 p.m.

Attest:                                                                                     Approved: February 8, 2011

____________________________                                        ____________________________

John W. Hoscheid, County Auditor                                       Ken Moorman, Board Chairman