December, 2014

Commissioner Proceedings

December 16, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, December 16, 2014 in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: December 30 time change, SWCD- Keep it Clean, NWA update and request for information on NWA Phase I and II, 2015 mileage rate, Wheelers Point Sewer District appointment, December 26th work day. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

Motion was made by Commissioner Arnesen to approve the consent agenda as follows: – Tim Erickson to Duluth on March 9 for Design of Construction of Stormwater Pollution Prevention Plans-recertification. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion was made by Commissioner Arnesen to approve November 25, 2014 minutes. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Hanson to approve the correction minutes of August 5, 2014 and to add the following; gambling permit, cost allocation and investment policy, which  were inadvertently missed in the minutes. The motion was seconded by commissioner Arnesen and the same being put to a vote, was unanimously carried.

REPRESENTATIVE ELECT-HANCOCK

Chair Beckel welcomed Representative- Elect Hancock to the meeting. He shared the following items that are on his agenda for the upcoming session:

Ø  Test Relief for Schools

Ø  Alternate Certificates for Vo-Tech

Ø  Bringing Vets Home Forward –Bemidji

Ø  Local control

Ø  Wetland Issues

Hancock inquired what the board would like to see brought into session. The following topics were discussed:

Ø  Wetlands

Ø  Small Business Owners Tax relief

Ø  Aquatic Invasive Species funding formula

Ø  MN Dot Transmitter

Chair Beckel thanked Hancock for meeting with the board.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                                Revenue                      $ 73,662.13

                                                Road & Bridge           $ 26,674.18

                                                Co. Devel.                   $   1,818.00

                                                Natl Resc Enhanc       $   4,069.00

                                                Solid Waste                 $ 34,764.04

                                                EDA                            $   4,544.56

WARRANTS FOR PUBLICATION

Warrants Approved On 12/16/2014 For Payment 12/19/2014

Vendor Name                                                                            Amount

Abm Equip & Supply, Inc.                                                     8,508.50

Cenex Co-Op Services, Inc.                                                9,298.03

Compass Minerals America                                                  4,156.15

Computer Professionals Unlimited Inc                              13,005.41

Cps Technology Solutions                                               16,446.69

Election Systems & Software, Inc                                        5,003.10

Farmers Union Oil Co.                                                          3,489.94

Howard’s Oil Company                                                         2,537.57

Insight Technologies, Inc                                                   3,849.00

John Deere Financial                                                           6,548.59

LOW Highway Dept                                                              7,536.18

LOW Soil & Water Cons. Dist.                                           18,106.00

Mar-Kit Landfill                                                                       7,089.30

Rinke-Noonan                                                                       4,269.00

Sandpieper Design LLC                                                        3,000.00

Swanston Equipment Corp                                                  2,120.65

Woody’s Service                                                                    2,659.72

Ziegler, Inc                                                                            2,032.34

64 Payments less than 2000   25,875.74

Final Total:  145,531.91

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

November 26, 2014        $ 103,532.11

December    2, 2014        $ 368,231.68

                                                December 10, 2014         $   77,481.51

                                                December 10, 2014         $     2,741.76

                                                December 11, 2014         $     (371.50)

                                                December 11, 2014         $ 122,284.83                                                          

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

Phone Stipend

County Auditor/Treasurer, Mark Hall met with the board requesting approval for a Phone Stipend for Human Resource Director, Karen Ose.

Motion

Motion was made by Commissioner Moorman to approve a Phone Stipend for Human Resource Director, Karen Ose for a smart phone in the amount of $60.00 per month. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

INVESTMENT POLICY

County Auditor/Treasurer, Mark Hall met with the board requesting approval for the Investment Policy and appointment of Investment Officer. The board placed this on the January 6, 2015 organizational meeting and requested Human Resources to review and advise.

SOCIAL SERVICES

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

Motion

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

Commissioners Warrants        $17,698.77

                                                  Commissioners Warrants        $12,929.82

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

Contracts

Social Service Director, Nancy Wendler met with the board requesting contract approvals for Friends against Abuse and Alternative Care, Elderly Waiver and Community Alternative for Disabled Individuals with LakeWood Health Center.

Motions

Friends Against Abuse

Motion was made by Commissioner Hanson to approve the contract between Friends Against Abuse and Lake of the Woods County Social Services for 2015 for the provision of supervised visitations and to authorize Chairman Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign. The motion was seconded by Commissioner Norldof and the same being put to a vote, was unanimously carried. 

LakeWood Health

Motion was made by Commissioner Arnesen to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for January 1, 2015 to December 31, 2016, for the provision of housing with services for Alternative Care, Elderly Waiver, and Community Alternatives for Disabled Individuals programs, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler to sign. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

APPLICATIONXTENDER

Social Service Director, Nancy Wendler and MIS Director, Peder Hovland met with the board requesting approval to purchase the ApplicationXtender, for use by the Income Maintenance and Child Support units.

Motion

Motion was made by Commissioner Hanson to approve the purchase of the ApplicationXtender, in the amount of $18,681, from the technology fund, with payment in 2015. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Vacant Social Worker

Social Service Director, Nancy Wendler met with the board requesting authorization to hire for a vacant Social Worker position and requested to fill the position by calling for the Merit System Register, as well as, pursuing the option of appointing a “Social Worker Trainee” to allow for a broader group of eligible candidates to fill the position. 

Motion

Motion was made by Commissioner Hanson to authorize Social Service Director, Nancy Wendler to fill the vacant Social Worker position by calling for the Merit System Register and  also pursuing the option of appointing a “Social Worker Trainee” from the qualified candidates.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 10:25 a.m. and reconvened at 10:30 a.m. as follows:

EMPOLYEE OF THE YEAR RECOGNITION

Chair Beckel on behalf of the board congratulated Dawn Christianson as the recipient for the Employee of the Year Award for 2014.

One-Day Vacation for Employee of the Year

The board discussed the compensation of One-day vacation that the “Employee of the Year” would receive for being chosen as the recipient for that year with Human Resource Director, Karen Ose. Karen stated that this would go under the “Reward System”, which is allowed.

Motion

Motion was made by Commissioner Moorman to approve one day vacation for the chosen recipient for the “Employee of the Year”, effective 2014; the vacation day has to be used within the year the recipient was recognized as the employee of the year. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

2015 ORGANIZATIONAL MEETING

County Auditor/Treasurer, Mark Hall met with the board requesting them to set the 2015 Organizational Meeting Date.

Motion

Motion was made by Commissioner Hanson to set January 6, 2015 at 9:00 a.m. for the organization meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

MINIMUM SALARIES FOR ELECTED OFFICIALS

A RESOLUTION ESTABLISHING MINIMUM

SALARIES FOR ELECTIVE OFFICES

Resolution No. 14-01-01

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

WHEREAS, M.S. 388.18, Subd. 1,(a), M.S. 384.151, Subd. 1,(b)., M.S. 386.015, Subd. 2(b)., M.S. 387.20, Subd. 2(b), and M.S. 385.373, Subd. 1, (b) 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 2015:

                                    County Attorney:                    $4,000

                                    County Auditor/Treasurer:      $4,000

                                    County Recorder:                   $4,000

                                    County Sheriff:                       $4,000

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

2015 COMMISSIONERS MEETING DATE

The board reviewed the 2015 meeting dates.

Motion was made by Commissioner Moorman to approve the 2015 Commissioners meetings as follows:

LAKE OF THE WOODS COUNTY COMMISSIONERS

2015 COUNTY BOARD MEETING DATES

January 2015

Tuesday, January   6, 2015                                      9:00 a.m. Government Center, Commissioners Room

Tuesday, January 13, 2015                                      9:00 a.m. Government Center, Commissioners Room

Tuesday, January 27, 2015                                      9:00 a.m. Government Center, Commissioners Room

February 2015

Tuesday, February 10, 2015                                    9:00 a.m. Government Center, Commissioners Room

Tuesday, February 24, 2015                                    9:00 a.m. Lake of the Woods School

March 2015

Tuesday, March 10, 2015                                        9:00 a.m. Government Center, Commissioners Room

Tuesday, March 24, 2015                                        9:00 a.m. Government Center, Commissioners Room

April 2015

Tuesday, April 14,   2015                                        9:00 a.m. Government Center, Commissioners Room

Tuesday, April 28, 2015                                          9:00 a.m. Government Center, Commissioners Room

May 2015

Tuesday, May 12, 2015                                           9:00 a.m. Government Center, Commissioners Room

Tuesday, May 26, 2015                                           9:00 a.m. Government Center, Commissioners Room

June 2015

Tuesday, June 9, 2015                                                             9:00 a.m. Government Center, Commissioners Room

Tuesday, June 16, 2015                                           10:00 a.m. NWA

Tuesday, June 23, 2015                                           9:00 a.m. Government Center, Commissioners Room

July 2015

Tuesday, July 14, 2015                                           9:00 a.m. Government Center, Commissioners Room

Tuesday, July 28, 2015                                           9:00 a.m. Government Center, Commissioners Room

August 2015

Tuesday, August 11, 2015                                       9:00 a.m. Government Center, Commissioners Room

Tuesday, August 25, 2015                                       9:00 a.m. Government Center, Commissioners Room

September 2015

Tuesday, September 08, 2015                                 9:00 a.m. Government Center, Commissioners Room

Tuesday, September 22, 2015                                 9:00 a.m. Government Center, Commissioners Room

October 2015

Tuesday, October 13, 2015                                     9:00 a.m. Government Center, Commissioners Room

Tuesday, October 27, 2015                                     9:00 a.m. Government Center, Commissioners Room

November 2015

Tuesday, November 10, 2015                                 9:00 a.m. Government Center, Commissioners Room

Tuesday, November 24, 2015                                 9:00 a.m. Government Center, Commissioners Room

December 2015

Tuesday, December 15, 2015                                  9:00 a.m. Government Center, Commissioners Room

Tuesday, December 15, 2015                                  6:00 p.m. TNT Meeting

Wednesday, December 30, 2015                                             8:00 a.m.  Government Center, Commissioners Room

LAKE OF THE WOODS COUNTY COMMISSIONERS MAY BE ATTENDING THE FOLLOWING:

AMC LEADERSHIP CONFERENCE- TBA

JOINT LEGISLATIVE CONFERENCE- March 4-5, St. Paul

AMC DISTRICT 2 MEETING- June 3, Bemidji

 AMC POLICY COMMITTEE- September 17-18, Brainerd

 AMC DISTRICT 2 MEETING- October 28, Bemidji

AMC ANNUAL CONFERENCE- December 7-8, St. Cloud

LAKE OF THE WOODS ECONOMIC DEVELOPMENT AUTHORITY MEETINGS

Lake of the Woods County Board of Commissioners will be attending these meetings on the 3rd Tuesday of each month at

6:00 p.m. in the Commissioners Room at the Government Center

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

Commissioners Salary/Elected Department Heads Salary/Non-Elected Department Heads Salary/Union and Non Union Employee Salary Adjustment

2015 Elected Officials & Non-Elected Department Heads Salaries

Motion was made by Commissioner Tom Hanson to adopt the following County Commissioners salary schedule and County Board Chair salary schedule, which all include a general adjustment of $300.00 for the year 2015; and to adopt a committee meeting per diem of $100.00 for the year 2015.  The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.

Elected Officials – Commissioners:

Ed Arnesen                $17,100.00      

Patricia Beckel             17,100.00      

Tom Hanson                 17,100.00      

Kenneth Moorman       17,100.00      

Buck Nordlof               17,100.00      

Board Chair                 18,100.00      

Motion was made by Commissioner Ed Arnesen to adopt a Technology Fee of $50.00 per month for County Commissioners for the year 2015. (Technology fee reimbursement for county related phone, internet, computer and copy expenses.)  The motion was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Ken Moorman to adopt the following Elected Officials salary schedule which includes a 2% general adjustment and a merit step, if applicable (not maxed), for the year 2015.  The motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried. 

Elected Officials – Department Heads:

County Sheriff            Gary Fish                   $73,038.24      

County Aud/Treas      Lorene Hanson             71,451.36      

County Recorder        Susan Ney                    60,510.24     

County Attorney         James Austad               94,523.76      

Motion was made by Commissioner Ed Arnesen to adopt the following Non-Elected Department Heads salary schedule which includes a 2% general adjustment and a merit step, if applicable (not maxed), for the year 2015.  The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Assessor                      MaryJo Otten             $68,924.88

MIS Director               Peder Hovland             60,050.88      

Public Works               Tim Erickson                92,957.76      

Land/Water                 Josh Stromlund            68,924.88      

Social Service              Nancy Wendler            73,038.24      

Motion was made by Commissioner Ken Moorman to adopt the following Non-Elected Department Heads salary schedule which includes a 2% general adjustment and a merit step, if applicable (not maxed), for the year 2015.  The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Veterans Service         Rick Rone                  $20,681.64     

Salary Adjustment, AS agreed upon per Union Contract

Motion- Highway Union

Motion was made by Commissioner Buck Nordlof to adjust all full time Highway Union employees’ salary by a 2% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2015.  Motion was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.

Salary Adjustment, AS agreed upon per Union Contract

Motion- Solid Waste Union

Motion was made by Commissioner Tom Hanson to adjust all full time Solid Waste Union employees’ salary by a 2% general adjustment and by 1 merit step, if applicable (not maxed)  effective January 1, 2015.  Motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried.

All County Employees (Full time/Permanent Part Time/Part Time/Seasonal Employees) Salary Adjustment

(Excluding Elected and Non-Elected Department Heads)

Motion- Non-Union

Motion was made by Commissioner Buck Nordlof to adjust all non-union employees: full time, permanent part time, part time and seasonal (excluding elected and non-elected department heads) salaries by a 2% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2015.  Motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried.

ARROWHEAD LIBRARY BOARD MEETING

Commissioner Hanson informed the board that he could not attend the Arrowhead Library Board meeting on December 11 and that Ron Rudd attended the meeting on his behalf. Commissioner Hanson requested that the county pay the per diem. The board stated that they do consider him an alternate.

Motion

Motion was made by Commissioner Arnesen to authorize per diem payment to Ron Rudd for attending the Arrowhead Library meeting on December 11, 2014. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

DECEMBER 26, 2014

Commissioner Hanson requested that the Commissioners to consider closing the Government Offices on December 26, 2014.

Motion

Motion was made by Commissioner Hanson to close Lake of the Woods County Government Offices on December 26, 2014, with pay. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

HISTORICAL SOCIETY

Curator and Executive Director Marlys Hirst met with the board to discuss the Museum Renovation Project, Phase II-HVAC. Marlys informed the board that they do not need to go to Phase III electrical which will save around $20,000, but the project is still short $23,000; Phase III is still in the process which will include all finishing’s of the interior of the building.

Motion

Motion was made by Commissioner Arnesen to allocate $23,000 from the Con-con funds payable by Auditor’s warrant in April of 2015 for the shortfall of Phase II-HVAC project. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

2015 Mileage Rate

County Auditor/Treasurer, Mark E. Hall met with the board requesting the board to set the 2015 mileage rate.

Motion

Motion was made by Commissioner Nordlof to set the 2015 mileage rate at the IRS Standard Rate. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. (It was noted that the Internal Revenue Service issued a 57.5 cents per mile for business miles beginning January 1, 2015 for the standard rate.)

WHEELERS POINT SEWER DISTRICT

Chair Beckel informed the board that they need to re- appoint Wheelers Point Sewer District members.

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

RESOLUTION FOR ELECTION OF WHEELERS POINT

SANITARY DISTRICT BOARD MEMBERS

RESOLUTION

14-12-02

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 elects Al Thompson and Ron Stauss for at term of three years expiring January 2, 2018.

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

NWA AIRPORT STUDY REQUEST

Chair Beckel informed the board that Bryan Budds, regional manager for the Aircraft Owners and Pilots Association requested Phase I and Phase II Study from S E H. S E H cannot release this information for it belongs to the county. The consensus of the board was it was okay to release both Phases.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board to discuss the request of an easement from Mark LaValla so North Star Electric can place Over Head Power lines on county land for county gravel crushing.

Motion

Motion was made by Commissioner Arnesen to grant an easement to North Star Electric to place overhead power on county owned land and requested that Public Works Director, Tim Erickson to write up the easement. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

TIMBER SALES

Public Works Director, Tim Erickson discussed Timber removal on the county owned land by the landfill; Commissioner Hanson discussed that the trees by the airport need to be cut also. Commissioner Hanson informed the Board that Steve Levasseur does this type of work. The board requested that Public Works Director, Tim Erickson to contact Steve in regard to the timber sales process.

KEEP-IT-CLEAN COMMITTEE

Mike Hirst,Keep-It-Clean committee member met with the board and updated them on the Keep-It-Clean campaign. The board informed him that the committee will be receiving the counties $2,500 allocation shortly.

LAND AND WATER PLANNING

Land and Water Planning Director Josh Stromlund presented an application from Jamie Negus for Conditional Use Permit to allow the applicant to conduct a commercial business consisting of winter ice fishing business. Josh informed the board that restrictions were put on this development, by the developers that commercial   business only apply to Lots One (1) and Two (2)  Block Two (2) and Lots One (1) and Two (2) of Block Five (5) of Lake of the Woods Estates and that the Planning Commission recommends denial of the Conditional Use Permit.

Motion

Motion was made by Commissioner Hanon to support the Planning Commissioner recommendation for denial for the Conditional Use Permit for Jami Negus. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

RECESS

With no further business before the board, Chair Beckel called the meeting to recess at 12:22 p.m. and reconvened at 6:00 p.m. as follows:

PUBLIC HEARING TNT

Motion

Motion was made by Commissioner Hanson to close the regular meeting and open the public hearing at 6:00 p.m. for the TNT hearing. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Chair Beckel welcomed everyone to the hearing and introductions were made.

Motion

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

Chief Deputy Auditor Lorene Hanson reviewed the proposed 2015 budget along with the levy and comparison information provided by Deputy Auditor/Treasurer Stacy Novak. All comments and questions were addressed by the board and staff present.

Motion

Motion was made by Commissioner Nordlof to close the public hearing at 6:26 p.m. and opened the regular meeting. The motion was seconded Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Chairman Beckel called for the resolution for adoption of the 2015 Budget and Tax Levy. She stated that the 2015 Levy will remain with a 2% increase to the Revenue fund as proposed.

Resolution

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

Resolution Adopting

2015 Certified Budget and Tax Levy

Resolution   2014-12-03

WHEREAS, the Certified County Budget for the year 2015 has been reviewed by the Lake of the Woods County Board of Commissioners; and

NOW THEREFORE, BE IT RESOLVED that the following Certified Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2015:

Revenue Fund                                               $ 1,383,769

Road & Bridge Fund                                    $    449,580

Social Services Fund                                     $    603,935

Economic Development Authority Fund    $      60,000

2015 Proposed Budget and Tax Levy         $ 2,497,284

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2015:

                        Twp Road & Bridge                                     $   437,555*

                        Twp Fire – Baudette                                     $     21,000

                        Twp Fire – Williams                                      $     30,253

                        Twp Fire – NW Angle                                   $       6,500

                        Total                                                               $   495,308

2015                

* $437,555 for Township Road & Bridge includes $12,000 which is specifically levied to Northwest Angle residents for Calcium Chloride (increased 2,000).  (425,555+12,000=437,555)

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

Recess

With no further business before the board, Chairman Beckel called the meeting to recess at 6:32 p.m.

Attest:                                                                                     Approved: December 16, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

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

Commissioner Proceedings

December 30, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, December 30, 2014 in the Commissioners’ Room at the Government Center.

Call to Order

Vice- Chair Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners, Ken Moorman, Ed Arnesen, Tom Hanson, and Buck Nordlof.  Absent Commissioner Beckel. Also present were: County Auditor/Treasurer, Mark Hall, Chief Deputy Auditor, Lorene Hanson and Deputy Auditor, Janet Rudd.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: DNR correspondence and remove Public Works for the agenda. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

None

Approval of Minutes

Motion was made by Commissioner Nordlof to approve December 16, 2014 minutes. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

RECOGNITION OF YEAR OF SERVICE

Mark Hall, County Auditor/Treasurer

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

Recognition of years of service

Mark E. Hall

Resolution 2014 – 12– 04

Whereas:  Mark Hall has served the residents of Lake of the Woods County since January 2, 1979 as

Lake of the Woods County Treasurer;

Whereas:  Mark Hall assumed the duties of the County Auditor on July 23, 2013, and since has served as the Auditor/Treasurer;

Whereas:  Mark Hall will retire from Lake of the Woods County service effective January 4, 2015 with thirty-six years of service;

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

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

Appointment of Veterans Service Officer

Veterans Service Officer, Rick Rone met with the board and to discuss the Veterans Service program in Lake of the Woods County and for his re-appointment as the Veterans Service Officer.

Motion

Motion was made by Commissioner Moorman to appoint Rick Rone as Lake of the Woods County Veterans Services Officer from January 1, 2015 to December 31, 2018 pursuant to MN Statutes 197.60, Subd.2. The motion was seconded by Commissioner Hanson the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                                Revenue                      $  111,877.37

                                                Road & Bridge           $   29,467.07

                                                Co. Devel.                   $     1,754.37

                                                Solid Waste                 $   10,276.64

                                                EDA                            $     1,634.66

WARRANTS FOR PUBLICATION

Warrants Approved On 12/30/2014 For Payment 12/31/2014

Vendor Name                                                     Amount

Arnesen/Steven J & Margo W                                           2,417.42

Baja Marine                                                                       62,187.00

Cenex Co-Op Services, Inc.                                              3,156.98

Compass Minerals America                                              4,793.19

Gustafson/Brian C & Jessica J                                        10,156.40

Koochiching Co Treasurer                                                2,500.00

LOW Highway Dept                                                           3,692.30

Mn Office Of Enterprise Technology                               2,934.00

Msop-Mn Sex Offender Prgrm-462                                  2,080.10

Nelson’s Agri Structures                                                    6,990.00

Und Forensic Pathology                                                   7,858.00

University Of Mn                                                                 8,316.24

Wayne’s Body Shop-Dba                                                  3,863.86

Widseth Smith Nolting&Asst Inc                                       3,247.84

Ziegler, Inc                                                                         2,193.18

62 Payments less than 2000    28,623.60

Final Total:   155,010.11

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

                                                December 18, 2014     $365,980.62

                                                December 24, 2014     $  15,177.55   

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

PAUL BUNYAN TRANSIT

Vice Chairman Arnesen discussed the Paul Bunyan Transit Vehicle Lease Agreement and Public Transit Agreement and their policies. After discussion the board renewed both the leases month to month until Gregory O. Negard Executive Director from Paul Bunyan transit can meet with the board to discuss their passenger assistant’s policy.

Motion

Motion was made by Commissioner Moorman to approve the Paul Bunyan Transit Vehicle Lease Agreement with curb to curb assistants on a month to month renewal contingent on approval from County Attorney, James Austad. The motion was seconded by Commissioner Hanson the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the Paul Bunyan Public Transit Service Agreement with Paul Bunyan Transit to lease one vehicle and to administer the Mn/DOT grant for operation of public transit system on a month to month renewal until all questions are answered, contingent upon the approval of County Attorney, James Austad. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

SOCIAL SERVICES

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

Motion

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

Commissioners Warrants        $14,329.56

                                                   Commissioners Warrants       $25,706.07

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

MN Department of Human Services

Social Service Director, Nancy Wendler met with the board and informed the board that the Economic Assistance and Employment Supports Division congratulated them for the excellent work  they have done serving the MFIP recipients in Lake of The Woods County. The board congratulated Nancy and her staff for their great work.

 RECESS

The meeting was called to recess at 10:04 a.m. and reconvened at 10:10 a.m. as follows:

ASSESSOR

County Assessor, Mary Jo Otten met with the board requesting them to set the Board of Equalization meeting for 2015.

Motion

Motion was made by Commissioner Hanson to set the Board of Equalization meeting for June 23, 2015 at 6:00 p.m. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

CORRESPONDENCE

MN Department of Natural Resources -Aquatic Invasive Species

adjourned

Motion was made by Commissioner Hanson to adjourn the meeting at 10:55 a.m. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Attest:                                                                                     Approved: January 13, 2015

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Edward Arnesen, Vice-Chairman of the Board

November, 2014

Commissioner Proceedings

November 12, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Wednesday, November 12, 2014 in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: Snowmobile contract, Department Head evaluations, Williams Fire Department, Resignation of Christina Husbands and Lorene Hanson travel. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

Motion was made by Commissioner Nordlof to approve the consent agenda as follows: Josh Stromlund November 16-17, Wetland Stakeholders meeting, St. Cloud/West Metro Area and on November 24-25 to St. Cloud for WACA Technical Team Meeting; Tim Erickson to attend the Minnesota Toward Zero Deaths Conference to be held November 13 & 14, 2014 in Duluth, and Lorene Hanson on November 18-19 for Auditor/Treasurer training in St. Paul.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion was made by Commissioner Moorman to approve the minutes of October 28, 2014 regular meeting.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                                Revenue                      $35,943.26

                                                Road & Bridge           $33,623.31

                                                Co. Devel.                   $     861.00

                                                Solid Waste                 $23,661.18

                                                EDA                            $  1,500.00

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

WARRANTS FOR PUBLICATION

Warrants Approved On 11/12/2014 For Payment 11/14/2014

Vendor Name                                                                Amount

Cenex Co-Op Services, Inc.                                                 8,799.38

Dell Marketing, Lp                                                                  4,410.52

Farmers Union Oil Co.                                                         4,118.69

Howard’s Oil Company                                                         2,591.98

KRIS Engineering Inc                                                            2,363.84

LOW Highway Dept                                                               6,950.61

Mactek Systems Inc                                                             10,709.50

Mar-Kit Landfill                                                                    12,153.15

TrueNorth Steel                                                                     4,135.88

Woody’s Service                                                                   5,803.12

Ziegler, Inc                                                                            3,995.15

80 Payments less than 2000   29,556.93

Final Total:  95,588.75

October 28, 2014            $   432,048.26

October 30, 2014            $   334,579.83

                                                October 31, 2014            $        (300.00)

                                                November4,2014            $       8,426.40

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

DNR Lease- U.S. Customs and Immigration Video Phone Site

County Auditor/Treasurer Mark E. Hall met with the board requesting approval to enter into a lease with the State of Minnesota for a U.S. Customs and immigration Video Phone Site that is located on State land the will expire on December 31,2014for the purchase of service agreement.

Motion

Motion was made by Commissioner Arnesen to authorize Chair Beckel to sign the Miscellaneous Lease # LMIS000652 for the use of State land for the U.S. Customs and Immigration Video Phone Site effective January 1, 2015 thru December 31, 2024 and authorize County Auditor/Treasurer, Mark Hall to remit $500 payment to cover the lease payment till 2024, contingent approval by County Attorney, James Austad. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Snowmobile Trails Maintenance and Grooming Grant Agreement

County Auditor/Treasurer, Mark Hall met with the board requesting approval to enter into the 2015 Snowmobile Maintenance and Grooming Grant Agreement for the Maintenance and Grooming for the Big Traverse Snowmobile Trail $21,926.73; Border Trails Snowmobile Trail $97,241.82 and NW Angle Edgeriders $52,995.54, total grant of $172,164.09.

Motion

Motion was made by Commissioner Moorman to authorize Chairman Beckel and County Auditor/Treasurer, Mark Hall to sign the 2015 Snowmobile Maintenance and Grooming Grant Agreement for the maintenance and grooming of trails effective July 1, 2014 thru June 30, 2015 in the amount of $172,164.09. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Revenue and Expenditure Guidelines

Chief Deputy Auditor/Treasurer, Lorene Hanson met with the board and reviewed the Revenue and Expenditure Guidelines.

County Development-Con-Con Funds

Chief Deputy Auditor, Lorene Hanson met with the board to finalize the 2015 Con-Con funds request.

Motion

Motion was made by Commissioner Arnesen to make allocations to the following organization from the ConCon funds, payable in 2015:

Baudette Arena Assoc                              $17,500

                                    Williams Arena Assoc                               $  6,000

                                    Baudette Chamber-Project                     $  3,800                                                                                    Baudette Community Foundation           $  4,000

                                    Economic Dev-Marketing/Operational$10,000

                                    Clementson Cemetery(upgrade Eastern Side)$      500(Project Specific)

                                    Depot Preservation (Doors/gutters)                      5,000(Up to receipts)                                                               LOW Historical Society                           $12,500

                                    LOW Humane Society-support                 $  5,000

                                    University of MN Extension                     $  2,000

                                    Williams Public Library                          $      650

                                    JT Powers Natural Resource Board       $  1,000

                                    LOW Rod and Gun Club-(Trap Machine)          $  2,000

                                    LOW School Trap Team (Operational Exp)   $ 1,000

                                    LOW Sr. Fishing (LOW Chapter)              $  1,500

                                    Rinke-Noonan-Retainer-Drainage         $  2,400

                                    St. Louis County Aud(NCLUCB)              $  2,000

                                    Take A Kid Fishing                                      $      600

                                    Widseth Smith Nolting                             $16,000

                                    Auditing Fees                                               $      800

                                                                                                            $94,250

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

Potato Day Funds

Chief Deputy Auditor, Lorene Hanson informed the board that the Potato Day Committee requested their funding for support for Potato Day and that she requested it be paid by Auditor’s Warrant. The consensus of the board was to issue an Auditor’s warrant.

HUMAN RESOURCE DEPARTMENT

Chair Beckel informed the board that they need to adjust the Human Resource Budget for 2015. The board requested that Chief Deputy Auditor, Lorene Hanson adjust the budget. Chair Beckel informed Human Resource Director, Karen Ose that the county does allow cell phone stipends. 

2015 Health Insurance Contribution

County Auditor/Treasurer Mark E. Hall and Chief Deputy Auditor, Lorene Hanson met with the board to discuss the increase of Health Insurance premiums.

Motion

Motion was made by Commissioner Arnesen to set the 2015 county contribution for family health insurance up to $1,075 per month and single health insurance up to $725.00 per month. The public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans. For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

2015 Budget

County Auditor/Treasurer Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board to discuss the 2015 budget. The board set December 2, 2014 at 7:30 a.m. to meet and review the proposed budget.

RECESS

The meeting was called to recess at 10:34 a.m. and reconvened at 10:39 a.m.

SOCIAL SERVICES

Chief Deputy Auditor, Lorene Hanson met with the board for approval of claims for the Social Services department.

Motion

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

Commissioners Warrants        $9,619.00

Commissioners Warrants        $3,984.00

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

SHERIFF

County Sheriff, Gary Fish and Emergency Management Director, Christina Husbands met with the board to discuss and review the Security Policy. The board requested that Christina pass the policy to Human Resource Manager, Karen Ose to review and place in the Personal Policy.

Resignation

County Sheriff, Gary Fish and Emergency Management Director, Christina Husbands met with the board and presented a letter of Resignation from Christina Husband.

Motion

Motion was made by Commissioner Hanson to accept the resignation for Emergency Management Director, Christina Husbands effective November 26, 2014. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

UNION CONTRACT

Chair Beckel discussed the Union Contract for Solid Waste and a step increase for Highway Office Manager/Accountant.

Motion

Motion was made by Commissioner Arnesen to approve the 2015 Solid Waste Union Contract with a two percent (2%) cost of living adjustment and one (1) step unless employees are maxed and authorize Chair Beckel and Chief Deputy Auditor, Lorene Hanson to sign, contingent approval of County Attorney, James Austad. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to grant step increase for Highway Office Manager/Accountant, Marti Carlson to step 9, effective January 1, 2015. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

ASSOCATION OF MN COUNTIES

Chair Beckel informed the board that at the AMC District Meeting they discussed potential 2015 legislative actions as follows:

  • Assessor Accreditation
  • County Program Aid
  • Restoring Public Health Grants
  • Mental Health Initiatives
  • Transportation Funding

Chair Beckel also informed the board that she will speak with Human Resource Director, Karen Ose to see when a good time would be to do Department Head Evaluations.

OLD/NEW BUSINESS

The board reviewed Old/New Business and removed Human Resource and Flooding/Water from the Old/New Business.

PUBLIC WORKS DEPARTMENT

Government Center Renovation

Public Works Director, Tim Erickson met with the board and informed them that there were no bids received from contractors out of the area.  He suggested that County staff do the work in the Auditor/Treasurer office to expand the MIS department. He estimates the project cost to be around $5,000. The board concurred with Tim’s suggestion that County staff do the re-model.

Clementson Park

Public Works Director, Tim Erickson informed the board that the State is still working on the details of the conveyance of the Clementson property to the County.  MnDOT was notified of two culturally sensitive areas on the property during past projects, which must be identified in any future plans the County may have. The County will not be able to do anything within that boundary. Tim will keep them informed on any updates on the property transfer.

WILLIAMS FIRE DEPARTMENT

Commissioner Moorman discussed the possible in-kind service that the Williams Fire Department may need to replace a well tank for holding of water for the re-filling of fire trucks. Public Works Director, Tim Erickson is looking into this project.

RADIO BASE STATION

Public Works Director, Tim Erickson informed the board that he was contacted by MnDOT about the Marine Band Radio Base Station. The transmitter needs to be replaced, and MnDOT is considering removing it without replacement.  Tim informed them that the station is used by local residents and tourist when they are in distress on the lake. DOT informed him that the estimated cost for a new transmitter is $36,000.  Legislators would need to allocate the money, but MnDOT cannot request that funding.  They would need someone else to ask for it. Tim informed the board that he will look into this.

Correspondence

The board acknowledged a thank-you letter from the Williams Library.

RECESS

With no further business before the board, Chair Beckel called the meeting to recess at 11:53 a.m.

Attest:                                                                                     Approved: November 25, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

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

Commissioner Proceedings

November 25, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 25, 2014 in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Gambling Permit, Department Head evaluations, Travel for Todd Canfield, Lorene Hanson and Christina Hultman, gambling permit, score grant, Whole community meeting on December 3, 2014, Roosevelt tower and Snowmobile Bridge. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

Motion was made by Commissioner Nordlof to approve the consent agenda as follows: Karlene Brown to Fargo on December 1-2 for Geriatric Mental Health Care, Stacy Novak to St. Paul on December 3-4 for MCCC Advisory Committee Meeting, Lorene Hanson and Christine Hultman to St. Cloud on December 3-4 for year-end payroll training and Lorene Hanson to St. Cloud on December 7-9 for AMC conference. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion was made by Commissioner Nordlof to approve the minutes of November 12, 2014 regular meeting.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                                Revenue                      $ 26,767.76

                                                Road & Bridge           $   5,489.11

                                                Co. Devel.                   $ 15,200.00

                                                Natl Resc Enhanc       $   3,143.50

                                                Solid Waste                 $ 15,533.91

                                                EDA                            $   5,100.00

WARRANTS FOR PUBLICATION

Warrants Approved On 11/25/2014 For Payment 11/26/2014

Vendor Name                                                           Amount

Andy’s Garage, Inc.                                                        2,411.06

Cenex Co-Op Services, Inc.                                           3,498.00

Computer Professionals Unlimited Inc                       11,450.00

LOW Highway Dept                                                         2,000.00

North East Technical Service,Inc                                  3,070.10

Northern Light Region                                                    3,354.50

Northland Repair                                                          15,000.00

Northwest Community Action, Inc                                2,376.50

Pennington County Treasurer                                       2,474.10

R & Q Trucking, Inc                                                        3,757.65

Rinke-Noonan                                                                 3,343.50

47 Payments less than  2000   20,400.81

Final Total:  73,136.22

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

November 11, 2014        $     82,697.53

November 18, 2014        $   600,848.01

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

LIQOUR LICENSE

County Auditor/Treasurer Mark E. Hall met with the board requesting approval for an On/Off sale liquor license for MAWRLT Inc., DBA Wigwam Resort.

Motion

Motion was made by Commissioner Moorman to approve the On/Off sale liquor license for MAWRLT Inc. DBA Wigwam Resort effective December 1, 2014 thru June 30, 2015. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Exempt Gambling Permit

County Auditor/Treasurer Mark E. Hall met with the board requesting approval for an exempt gambling permit for the UMC Teambackers.

Motion

Motion was made by Commissioner Nordlof to approve the exempt gambling permit for the UMC Teambackers to hold a raffle at Zippel Bay State Park on February 7, 2015. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SOCIAL SERVICES

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

Motion

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

Commissioners Warrants        $10,386.41

                                                  Commissioners Warrants        $28,454.06

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

Copier

Social Service Director, Nancy Wendler informed the board that her lease is up in her department and will be bringing in a new machine and new lease.

WHOLE COMMUNITY MEETING

Chair Beckel informed the board that there will be a Whole Community Meeting on December 3, 2014 at the Ambulance Garage at 6:00 p.m. regarding Ebola or any other emerging infectious diseases and to discus ARMER/800 radio coverage for our area.

HUMAN RESOURCE

Human Resource Directory Karen Ose and County Sheriff, Gary Fish met with the board requesting authorization to advertise and hire an Emergency Management Director.  

Motion

Motion was made by Commissioner Nordlof to authorize Human Resource Director Karen Ose and County Sheriff, Gary Fish to advertise, interview and hire for the Emergency Management Director. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 9:50 a.m. and reconvened at 9:58 a.m. as follows:

CORRESPONDENCE

Chair Beckel and Deputy Auditor/Treasurer Stacy Novak reviewed the proposal that the League of MN Cities is pursuing of the distributions of proceeds on sale of tax-forfeit property which would redefine state statute to prevent proceeds of sale to be used for administrative or other cost until the cities are reimbursed for unpaid assessment and development cost. The board requested that Deputy Auditor, Stacy Novak keep them informed on the possible legislative changes; the board acknowledged the thank-you letter from Williams Potato Day.

HISTORICAL SOCIETY

Curator and Executive Director Marlys Hirst, Chairman Dan Crompton and Secretary, Rita Krause met with the board to discuss the Museum Renovation Project, Phase II-HVAC. Marlys informed the board that the building needs temporary heat until the new system is installed; reviewed the project funding and the breakdown of expense and the shortfall of $37,000. The board requested that Marlys come to the next board meeting when the full board will be present.

Motion

Motion was made by Commissioner Moorman to allocate $1,500 for the temporary heat for the Historical Society from the Con-Con funds and payable with an Auditor’s warrant. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

YEARS OF SERVICE RECOGNITION

Chair Beckel congratulated Solid Waste Processor, Dale McGuire on his retirement and presented the following:

Resolution

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

RESOLUTION NO. 14-11-01

Dale McGuire

Solid Waste Processor

RECOGNITION OF YEARS OF SERVICE

WHERERAS; Dale McGuire has served the residents of Lake of the Woods County since July 9, 1990 as a Solid             Waste Processor;

WHEREAS; Dale McGuire will retire from Lake of the Woods County Service effective November 30, 2014;

NOW THEREFORE, BE IT RESOLVED; That Lake of the Woods County Board of Commissioners’ extends its deepest appreciation to Dale for his dedicated service and best wishes to him on his retirement;

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

PUBLIC WORKS DEPARTMENT

Chair Beckel discussed the Score Grant with Public Works Director, Tim Erickson. Tim informed the board that the reason we have not yet received funding is that they are still working on the Solid Waste Plan and the holdup is the 35% recycling goal.  The board discussed the Roosevelt tower funding. Tim informed the board that the DNR can request this funding and he would follow up on this. Chair Beckel requested assistance from the Public Works department to help repair a snowmobile bridge.

RECESS

With no further business before the board, Chair Beckel called the meeting to recess at 10:54 a.m.

Attest:                                                                                     Approved: December 16, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

September, 2014

Commissioner Proceedings

September 9, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 9, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: travel for Barry Baily, S E H contract, City of Williams, Board of Appeal and Equalization training, and Arrowhead Library. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

Motion was made by Commissioner Moorman to approve the consent agenda as follows: Christine Hultman to St. Cloud on September 9-10 for SSIS Fiscal mentor meeting; Shelley Phillippe and Cassondra Brune to St. Could on September 23-26 for MWFCAA Annual Conference; Mary Jo Otten to Duluth on September 21-24 for MAAO Conference; Barry Bailey to St. Cloud on September 9-10 for tire disposal.

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 Moorman to approve the minutes of August 26, 2014 regular meeting. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                                       Revenue                                 $23,420.52

                                                            Road and Bridge                  $87,506.29

                                                            Co. Develop                          $  3,004.74

                                                            Natl. Resc Enhan                $  1,400.00

                                                            Solid Waste                          $25,569.16

                                                            EDA                                        $  4,034.90                  

                                                          $144,935.61

WARRANTS FOR PUBLICATION

Warrants Approved On 9/09/2014 For Payment 9/12/2014

Vendor Name                                                                                       Amount

Burg Electronic Recovery                                                  9,750.00

Cenex Co-Op Services, Inc.                                           12,488.27

Fort Distributors Ltd                                                         31,948.48

Howard’s Oil Company                                                     2,879.79

Johnson/Ben                                                                      2,116.78

Lavalla Sand & Gravel Inc                                                 9,605.00

LOW Highway Dept                                                            5,912.23

Mar-Kit Landfill                                                                  10,581.30

Mesabi Bituminous, Inc.                                                     2,460.50

Northwest Mn Multi-County Hra                                        5,000.00

Nuss Truck & Equipment                                                 11,002.90

Widseth Smith Nolting&Asst Inc                                       6,487.01

Woody’s Service                                                               5,469.65

62 Payments less than 2000   29,233.70

Final Total:  144,935.61

                                                         $144,935.61

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

August 27,     2014         $     58,685.25

September 4, 2014          $   131,189.16

                                                September 4, 2014          $       4,598.97

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

Vendor Payments

Commissioner Hanson discussed the local vendor payments for fuel that the county charges and the timing of County Board meetings for payment. Commissioner Hanson queried the board why these bills cannot be paid by an Auditor’s warrants, for fuel is a necessity for the county to operate.

Motion

Motion was made by Commissioner Hanson to authorize fuel bills for operational expenses to be classified as utilities and be paid by Auditor Warrants due to timing of county board meeting dates. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Land Sale

County Auditor/Treasurer, Mark Hall met with the board requesting approval for a County Land Sale. The following items were discussed: land sale minimum bids, notice of public sale of tax forfeited lands, terms of sale and resolution of support of tax forfeited land sale.

Motion

Motion was made by Commissioner Moorman to approve the list of tax forfeited lands and minimum bids as reviewed. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the following terms of the Tax Forfeited Land sale that will be held on October 6, 2014 as follows:

TERMS FOR THE PUBLIC SALE OF TAX FORFEITED LAND

IN LAKE OF THE WOODS COUNTY

PUBLIC SALES: All tax forfeited land is offered at public auction and sold to the highest bidder. The minimum bid acceptable is the basic sale price that is shown on the list of tax forfeited land. The basic sale price is equal to or lesser than the assessed/appraised value and may include additional charges for unpaid special assessments or timber values as appraised by the Minnesota Department of Natural Resources.

PARCELS NOT SOLD AT PUBLIC AUCTION: Parcels not sold at a public sale may be purchased after the public sale by paying the basic sale price of the parcel.  The basic sale price cannot be changed unless the parcel is re-appraised, republished, and again offered at a later public sale.

FEES: The following fees will be collected at the time of sale: State Assurance Surcharge, 3%; State Deed Fee, $25; Deed filing fee, 19.50; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50 (if applicable); and State Deed Tax, equal to the greater of $1.65 or 0.33% of the basic sale price.

PAYMENT TERMS: CASH—FULL PAYMENT AT TIME OF SALE.

Payment includes timber value and certified special assessments to county.

SPECIAL ASSESSMENTS: Any special assessments certified to the county, prior to or after forfeiture, are included and must be paid by the purchaser as part of the basic sale price. It is the responsibility of the prospective buyer to contact the appropriate city to determine any special assessments not certified to the county and that may be subject to further assessment thereof.

CONDITIONS: Sales are subject to the following restrictions on the use of the properties: existing leases, building codes and zoning laws, and easements obtained by any government subdivision or agency thereof for a public purpose. The assessed/appraised value does not represent a basis for future taxes.

All property is sold “as is” and may not conform to current local building and zoning ordinances. Lake of the Woods County makes no warranty that the land is “buildable”. All sales are final, and no refunds or exchanges are permitted. Lake of the Woods County is not responsible for location or determining property lines or boundaries.  Access to the property is the responsibility of the buyer.

Lake of the Woods County is unaware of any known hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time.

Radon Warning Statement: The MN Dept. of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy and recommends having the radon levels mitigated if elevated concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling.

Lake of the Woods County is unaware of any radon testing, records, concentration levels, or mitigation systems on or available for applicable sale properties.

TITLE: PROOF OF OWNERSHIP: The buyer will receive a receipt at the time of the sale. The Department of Revenue will issue a State quitclaim deed after full payment is made. A State deed has the characteristics of a patent from the State of Minnesota.

SETTLEMENT IS FINAL: No warranties as to physical condition of the property have been made by Seller, its Employees or Agents; any warranties of physical condition of the property are void. The Seller, its Employees or Agents, have no further responsibility or liability with respect to the condition or management of the property.

FOR ALL LAND NOT IN A PLATTED SUBDIVISION: There are restrictive covenants required for marginal lands and wetlands including lands in Auditor’s Subdivisions (see Minnesota Statutes Section 103F.535, Subd. 2; and Section 282.018, Subd. 2.)

FORMER OWNERS: Must pay the purchase price or the amount of delinquency, whichever is more, pursuant to Minnesota Statutes Section 282.01, Subd. 7; Section 282.012; and Section 282.241.

IN ORDER TO PROTECT YOUR LEGAL INTERESTS, WE RECOMMEND THAT YOU CONSULT WITH YOUR ATTORNEY ON LEGAL MATTERS.

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

Publication of Land Sale

County Auditor/Treasurer, Mark Hall met with the board requesting approval to set the date and time for the Tax-Forfeited Land Sale.

Resolution

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

NOTICE OF PUBLIC SALE OF TAX-FORFEITED LANDS

Resolution No. 2014-09-01

NOTICE IS HEREBY GIVEN, that the parcels of land described in the List of Tax-Forfeited Land that is contained herein shall be sold to the highest bidder at public sale. The sale will be governed by the provisions of MS 282.01 and by the resolution of the Lake of the Woods County Board of Commissioners authorizing the sale. The resolution reads as follows:

BE IT RESOLVED,  that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at 1:00 p.m. on October 6, 2014 , by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

BE IT FURTHER RESOLVED, that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Lake of the Woods County Board of Commissioners.

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

Classification of Land

County Auditor/Treasurer, Mark Hall requested approval for the tax forfeited land to be classified as non-conservation lands.

Resolution

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

 TAX FORFEITED LAND SALE

RESOLUTION NO. 14-09-02

BE IT RESOLVED,  that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, that is on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at  1:00 p.m. on October 6, 2014, by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

The question was on the adoption of the resolution, and there were 5 yeas and 0 nays as follows:

County of Lake of the Woods

Board of County Commissioners                   YEA                NAY              ABSENT

Thomas Hanson                                              x

Patricia Beckel                                                x                                                                     

James Nordlof                                                 x

Kenneth Moorman                                          x                                             

Edward Arnesen                                             x         

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

Lakewood Health Center

County Auditor/Treasurer Mark E. Hall met with the board requesting approval to enter into an Agreement with LakeWood Health Center for recruitment/retention schedule for employed physician and per advanced practice clinician. Mark informed the board that this contract was approved by County Attorney, James Austad.

Motion

Motion was made by Commissioner Moorman to approve the LakeWood Health Center Agreement for recruitment/retention schedule for employed physicians and advanced practice clinician to up to $45,000 for the years of 2014, 2015, 2016 and 2017 with $10,000 per physician and $5,000 for per advanced practice clinician and authorize Chair Beckel and County Auditor/Treasurer Mark Hall to sign. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

County Board of Appeal and Equalization Trained Members

County Auditor/Treasurer Mark E. Hall met with the board to inform the board that a certification needs to be signed stating that at least one board member has attended the Board of Appeal and Equalization training in the past four years.

Motion

Motion was made by Commissioner Arnesen to authorize County Auditor/Treasurer, Mark Hall to sign the Department of Revenue’s Board of Appeal and Equalization Trained Board Member Certification. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Arrowhead library

Chair Beckel informed the board that they received a letter from  Executive Director, Jim Weikum from Arrowhead Library System notifying them that Commissioner Hanson term will be expiring on December 31, 2014 and to have the county’s appointment to them no later than November 14, 2014, this would be a (3) three year term. The board placed this on September 23rd board meeting.

Social Services

Claims

Social Service Director, Nancy Wendler met with the board requesting approval of claims as follows:

Motion

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

                                                Commissioners’ Warrants          $   19,014.29

                                                Commissioners’ Warrants          $   10,861.27

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

Human Resources

Human Resources Assistant, Dena Pieper met with the board to update them on the cost of membership to Trusight; a company that works with Human Resources, such as grading of job descriptions and back ground checks, and more; the cost for a yearly membership is $1,150  for 50-100 employees annually. The board requested that Dena check to see if the county joined now if they could pay the last quarter. The consensus of the board was to join for 2015 membership with Trusight.

HOUSING DEVELOPMENT

Chair Beckel discussed the joint meeting for the Proposed Housing Development and was asked for the board to pick three dates that would work to meet with the City of Baudette, IDC and EDA board.

MN DOT LEASE

Commissioner Hanson informed the board that he has not heard from Verizon on the possibility for a tower lease.

RECESS

The meeting was called to recess at 10:20 a.m. and reconvened at 10:25 a.m. as follows:

SHORT ELLIOT HENDRICKSON

Chair Beckel informed the board that the contract with S E H is ready to be signed for the work at the potential NWA Airport to complete the wetland delineation and the borings.

Motion

Motion was made by Commissioner Arnesen to authorize Chair Beckel to sign the S E H contract to perform Architectural, Engineering and /or other Professional Services for the project at Lake of the Woods County for the potential Northwest Angle Airport for Preliminary Engineering, Wetland Delineation, Topographical Survey and Soil Borings contingent upon the approval of County Attorney, James Austad. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

CITY OF WILLIAMS

Commissioner Moorman informed the board that he attended the City of Williams Council meeting and they had concerns about the following:

  • Tax Forfeited Lands in the City of Williams-  flowing wells inflow into sewer system- County Auditor/Treasurer, Mark Hall will contact a qualified individual to check on this;
  • Tax Forfeited Property – Un-mowed lawns- County Auditor/Treasurer will look to find someone to mow the forfeited lots;
  • Law’s Property- Mowing- This is not State Forfeited Property, this would fall under the City of Williams jurisdiction
  • Old Williams School Demolition- contingent upon funding and bound by regulatory constraints.

SERVER TRAINING SPONSOR

Chair Beckel discussed a request from a local resort owner inquiring if the county could offer On-Line training for serving alcohol vs class room training, for it is difficult to get employees at class room training due to time-off and work schedules. The advantages of on-line training are the individual can take the course when it fits their schedules, not others. The training provides raising public awareness of the laws that sellers and servers of alcohol must abide by, best practices, discounts for dram shop liability, promoting community environment that proactively discourages sale/service to minors and over-service of alcohol to adults. Chair Beckel will explore more opportunities to see if this would be a good fit for our area.

LAKE OF THE WOODS COUNTY CORONER

County Coroner

County Sheriff, Gary Fish met with the board and introduced Lake of the Woods County Coroner, Mary Ann Sens to the county board. Chair Beckel thanked Dr. Sens on behalf of the county for taking on the duties of coroner for Lake of the Woods County.

CJDN-BCA Contract

County Sheriff, Gary Fish met with the board requesting approval to enter into a Court Data Service Subscriber Amendment to CJDN Subscriber Agreement.

Motion

Motion was made by Commissioner Nordlof to enter into an amendment agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension and Lake of the Woods on behalf of its Sheriff’s Office and the State Court Administrator Office for use of BCA systems and tools to access and/or submit Court Records to assist the Sheriff’s office in the efficient performance of its duties as required or authorized by law or court rule. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Jail Inspection

County Sheriff, Gary Fish met with the board and informed the board that they were inspected by the Minnesota Department of Corrections and were informed that they were out of compliance due to the age of the jail facilities that are out of code; the Correction Department will start a paper trail on the incompliances issues.

Keyless Entry Access

County Sheriff, Gary Fish met with the board and requested that the Baudette Police Department be allowed to have access to the building. The consensus of the board was to allow the Baudette Police Department to have access to the Government Center; non-employees need to have a system in place when they leave service for turning in their access card. The board discussed an Employee Security Policy with Emergency Management Director, Nina Husbands. Nina will draft a policy and bring back to the board for their approval.

MN DEPARTMENT OF PUBLIC SAFETY GRANT

Emergency Management Director, Nina Husbands met with the board requesting approval to enter into a grant with the MN Department of Public Safety for Wages and Benefits for Emergency Management Director.

Motion

Motion was made by Commissioners Nordlof to authorize Emergency Management Director Nina Husbands and Chair Beckel to sign the Emergency Management Performance Grant 2014, Grant effective January 1, 2014 thru December 31, 2014 in the amount of $14,095, grant number A-EMPG-2014-LOTW-CO-00042. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SWCD

Aquatic Invasive Species Prevention Aid

Lake of the Woods Soil & Water Conservation District Resource Technician, Mike Hirst met with the board to discuss the state’s Aquatic Invasive Species Prevention Aid.  He discussed funding and SWCD’s interest in utilizing the Keep It Clean Committee to provide recommendations on the best use of these funds in the county.  He also discussed the possibility of applying for more grant funds through the Initiative Foundation and the Northwest Minnesota Foundation to address the aquatic invasive species education and management needs in the county with the possibility of utilizing the state’s dedicated funding as a match.  The consensus of the board was to have Mike look into the Initiative Foundation and Northwest Minnesota Foundation for grants.

Hirst also presented a joint SWCD / County letter that’s been drafted to send to State Representative Roger Erickson and Senator Rod Skoe on the Aquatic Invasive Species Prevention Aid. Currently county funding is allocated by 50% based on each county’s share of watercraft trailer launches and 50% based on each county’s share of watercraft trailer parking spaces. The formula that the State choose did not include fishing pressure data, parking overflows during peak spring and fall fishing, nor accurate information on public accesses in the county.

Motion

Motion was made by Commissioner Moorman to authorize Chair Beckel to sign the letter of concerns regarding the omnibus tax bill, Chapter 308 H.F. No 3167 for Aquatic Invasive Species Prevention Aid. The motion was seconded by Commissioner Norldof and the same being put to a vote, was unanimously carried.

CLOSED SESSION

Motion was made by Commissioner Moorman to close the regular meeting at 12:01 p.m. and open the closed session pursuant to MN Statue §13D.03, subd. 1 (b), – Union Negation’s.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The following were present: Commissioners Arnesen, Beckel, Hanson, Moorman and Nordlof, Human Resource Assistant, Dena Pieper.

Motion was made by Commissioner Hanson to close the closed session and open the regular meeting at 12:15 p.m. 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 12:16p.m. and reconvened at 1:30 p.m. as follows:

2015 BUDGET

Chair Beckel reviewed the 2015 Budget with the board.

With no further business before the board, Chair Beckel called the meeting to recess at 2:30 p.m.

Attest:                                                                                     Approved: September 23, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

August, 2014

Commissioner Proceedings

August 5, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 5, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: 4-H, Meeting for Commissioner Beckel and Arnesen on June 25, with Governor Dayton, PERA Resolution, Lake of the Woods Investment Plan, MCIT Dividend and Human Resources.

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

Approval of Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda as follows:  Commissioner Arnesen and Beckel – Meeting with Governor Dayton on June 25, 2014.  The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion was made by Commissioner Moorman to approve the minutes of July 22, 2014 regular meeting with changes. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                           Revenue                              $      25,208.62          

                                                Road & Bridge                     $      81,752.15

                                                Solid Waste                          $        6,378.08

                                                EDA                                     $         1,500.00

                                                      114,838.85     

WARRANTS FOR PUBLICATION

Warrants Approved On 8/05/2014 For Payment 8/08/2014

Vendor Name                                                             Amount

Cenex Co-Op Services, Inc.                                            13,593.80

Contech Engineered Solutions LLC                               14,408.80

Cps Technology Solutions                                               2,400.00

Envirotech Services Inc                                                    9,275.23

Government Management Group, Inc                             3,500.00

LOW Highway Dept                                                            4,222.72

Northern Bag and Box Company                                     4,260.00

Strata Corp, Inc                                                                 34,230.35

Titan Machinery                                                                 2,833.58

Tveit/Byron                                                                          2,610.48

70  Payments less than 2000   23,503.89

Final Total:  114,838.85

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

July, 24, 2014                  $     22,925.59

July, 29, 2014                  $       1,219.12

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

PERA- Correctional Plan Members

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board to inform them that in July 1, 1999 the Legislature created the PERA Local Government Correctional Service Employees Retirement Plan and the first employees enrolled in the Correctional Plan were transferred from the Coordinated Plan and had Social Security coverage as members of that plan.  PERA, when later named the State’s Social Security Administrator, took steps in 2004 to process the paper work for extending Social Security coverage under the State’s 218 agreement to position the PERA Correctional Plan. PERA recently learned, however, that individuals enrolled in the Correctional Plan who had not been members of the PERA Coordinated Plan as correctional personnel were not automatically eligible to be covered by Social Security, despite the paper work processed in 2004. PERA was told that to sanction Social Security coverage for individuals who have been enrolled as new participants in the Correctional Plan, a referendum must take place and the results of that process must then be documented in the State’s Section 218 agreement. PERA needs county boards to indicate to how the vote should be conducted. The process- majority vote or divided vote, which will be decided, based on the responses they receive from counties and that will be the process that PERA will use.

Motion

Motion was made by Commissioner Arnesen to elect the “Majority” vote for the PERA Local Government Correctional Plan to be able to sanction Social Security coverage for individuals who have been enrolled as new participates in the Correctional Plan. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Social Services

Claims

Social Service Financial Officer, Christine Hultman, met with the board requesting approval of claims as follows:

Motion

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

                                                Commissioners’ Warrants          $   11,418.84                        Commissioners’ Warrants          $      1,764.75

                                                Commissioner’s Warrants          $      2,091.88

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

HUMAN RESOURCES

Human Resource Assistant, Dena Pieper met with the board to request authorization to send the job descriptions of the County Auditor/Treasurer and Human Resources to Truesight for their recommendation for the grade. Dena informed the board that the cost per hour is $195 for non-members and $175 per hour for members. The board requested Dena to inquire what a yearly membership would cost.

Motion

Motion was made by Commissioner Moorman to authorize Human Resource Assistant, Dena Pieper to forward the Auditor/Treasurer and Human Resources job description to Turesight for their recommendation for grade of the positions at the rate of $195 per hour. 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 10:45 a.m. and reconvened at 10:50 a.m. as follows:

MCIT

The board reviewed the Minnesota Counties Intergovernmental Trust letter and the 2014 Dividend allocated to Lake of the Woods County is $55,316

UPDATES

Airport – Bosch will be leasing land around the airport for use in the winter time for testing purposes; new managers started flight school and purchased a twin prop float plane.

HRDC- Annual meeting was held in Clearwater

Let’s Go Fishing of Minnesota– County should be receiving a letter from the Let’s Go Fishing attorney in regards to the freeze on Lake of the Woods Boating checking account; she stated that the money that was frozen was under their tax I.D. number

RON STREED- Flooding Issues

Ron Streed met with the board to discuss water issues that has accrued on his property for the second time this summer and the 480 acres that have been tiled that is supposed to drain in the Baudette Bay, but does not and drains into his property and the other property surrounding him. Public Works Director, Tim Erickson discussed a few options that they could use such as Lidar Data or possible a drainage study. Tim will also check with the MN DOT on their plans for the 2016 season. The board requested that Public Works Director, Tim Erickson get an estimate of a Drainage Study.

SHERIFF

County Sheriff, Gary Fish met with the board requesting donation of vacation time to help with a catastrophic illness from an employee in his office and to discuss the purchase of  an Airboat with $43,000 of funding from the Stonegarden grant and the remainder $18,000 to be paid by the county. The board requested that he look into to make sure the airboat has floatation device on it and bring back to the board.

Motion

Motion was made by Commissioner Hanson to approve the donation of vacation time for Lake of the Woods County employees to donate eight (8) hours of their time and up to twenty (20) days combined total from all employees, to help with a catastrophic illness for an employee in the Sheriff’s office. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

LAND AND WATER PLANNING

Wetland Meetings

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the Wetland Conservation act meetings will now be held once a month; act and will now be held in Northern MN, often notification of these meetings are very short notice on dates and times, so Josh explained that he may not be on the consent agenda for these meetings; Josh informed the board that the the DNR roles and regulation on Wetlands will be heard next legislative session.

Drainage Committee Update

Land and Water Planning Director, Josh Stromlund met with the board and discussed the drainage committee meeting, and discussed ditches that may not or are not beneficial anymore and others that are useful; possibility of placing them back on the assessment role and if not beneficial, to abandon them.  The board requested the Drainage Committee look into and prioritizes the ditches and the usefulness of them.

HWY # 72

Tom Dinndorf , Rotary member met with the board and informed the board that the City of Baudette Council members are in support of HWY 72 to be rerouted to go down Main street , and passed a resolution of support of the re-location. After discussion, the board concurred that they want to know if it is even feasible for the road to go through downtown before they will consider the re-location of Hwy 72. The board requested Public Works Director, Tim Erickson to assist Tom Dinndorf with contacting MN DOT in Bemidji to see what steps are necessary and if feasible to re-locate HWY #72.

RECESS

The meeting was called to recess at 11:45 a.m. and reconvened at 11:50 a.m. as follows:

LAKE OF THE WOOD 4-H

4-H Director, Aprille LeVassuer, Camp Director, Alicia Beckel, 4-H Leaders, Jennifer Wilmar, Sunny Dorow and Christine Bergman met with the board to inform them of the activities that the local 4–H groups have worked on. Several of the 4-H kids presented their projects that they will be showing at the State Fair. 

RECESS

The meeting was called to recess at 12:22 p.m. and reconvened at 1:40 p.m. as follows:

2014 BUDGET

The board met with Veterans Service Officer, Rick Rone to review his budget and also reviewed the revenue budgets.

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

Attest:                                                                                     Approved: August 26, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

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

Lake of the Woods County

Public Meeting

County Ditch 1

August 4, 2014

The Lake of the Woods County Board met on Monday, August 4, 2014, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Patty Beckel called the County Ditch 1 Public Meeting to order at 7:00 p.m. Commissioners present: Patty Beckel, Ed Arnesen, Tom Hanson, and Ken Moorman.  Also present were: County Auditor/Treasurer Mark Hall, Deputy Auditor/Treasurer Stacy Novak, Public Works Director Tim Erickson, County Attorney James Austad, Land and Water Planning Director Josh Stromlund and County Ditch 1 Beneficiaries.

Introduction

Chair Patty Beckel welcomed all Ditch 1 Beneficiaries and gave a brief description as to the purpose of the public meeting. 

Public Works Director

County Public Works Director, Tim Erickson gave a brief informational update on the expiring assessments on Ditch 1 for the two projects established in 2005 and 2010. He continued with his thoughts to propose a yearly maintenance assessment that is comparable to what beneficiaries are currently paying; roughly $13,200 or 3%. He noted items such as upcoming culvert replacements, brush cutting, and spraying.

The beneficiaries were able to express their questions and concerns including: outlet fees for those parties outside the beneficiary area that were draining into the ditch, culverts being shut by an owner, unauthorized spraying of needed ditch vegetation by an owner, the ditch fund balance and use of funds, limits as to what could be assessed, return on investment dollars, prioritizing maintenance needs, and the number or ditches located within the county and why not all of them are being assessed.  

Additional Correspondence

Commissioner Beckel had received a letter from Richard Lindner prior to the meeting regarding his property. Richard was asked to share his concerns.

Non-formal Action

By general consensus, the Beneficiaries and the County Board/Ditch Authority, approved to continue with a yearly maintenance assessment at the proposed 3% and to review again in 3 years, or sooner, if the need arises. No formal board action was required.

Adjourn

With no further discussion before the County Ditch Authority, Chair Patty Beckel adjourned the public meeting at 8:12 p.m.

Attest:                                                                                                 Approved:       August 26, 2014

____________________________                                              ______________________________

Stacy Novak, Deputy Auditor/Treasurer                                      Patty Beckel, County Board Chairperson

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

Commissioner Proceedings

August 26, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 26, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: S E H memo, Fair Grounds, Energy Audit, and Assessment of Federal Building.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda as follows: Jodi Ferrier to Duluth October 9-10 for the St. Louis County Health and Human Service Conference; Amy Ballard to Mankato on September 17-20 for Borderland Substance Abuse Court Training; Janet Rudd to St. Cloud on September 18-19 for MDRA Conference; Stacy Novak to St. Paul on September 3-4 for MCCC meeting; Boyd Johnson to Brainerd October 1-3 for Mn/DOT’s 2014 Right of Way Professional Workshop; Tim Erickson to Bemidji September 3-4 for the 33rd Annual District II County Engineers’ Seminar; Barry Bailey’s  to St. Cloud August 25-26 for tire disposal.  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 Nordlof to approve the minutes of July 31, 2014 Emergency meeting, August 4, Ditch 1 Public Hearing meeting and August 5 Regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                           Revenue                              $      40,495.85          

                                                Road & Bridge                     $      47,956.42

                                                Nat. Resc Enhanc                 $        1,561.00

                                                Solid Waste                          $       34,340.29

                                                EDA                                     $         8,937.15

                                                      133,690.71     

WARRANTS FOR PUBLICATION

Warrants Approved On 8/26/2014 For Payment 8/29/2014

Vendor Name                                                                Amount

Andy’s Garage, Inc.                                                               2,196.87

Baudette/City Of                                                                     3,520.07

Burg Electronic Recovery                                                     9,750.00

Contech Engineered Solutions LLC                                  19,276.08

Earthworks Contracting Inc                                                  3,420.00

Election Systems & Software, Inc                                        2,911.29

Esri                                                                                          3,900.00

Farmers Union Oil Co.                                                          2,979.44

Headwater Regional Development Commiss                    2,250.00

Hoffman, Dale, & Swenson, Pllc                                         10,603.00

Howard’s Oil Company                                                         4,045.87

Mar-Kit Landfill                                                                    15,988.50

Northern Light Region                                                         2,097.53

Northwest Community Action, Inc                                        2,817.50

Northwest Tire Inc                                                                2,140.00

Pro-West & Associates, Inc                                                  2,050.00

R & Q Trucking, Inc                                                               3,497.75

Sandpieper Design LLC                                                        4,000.00

Titan Energy Systems, Inc                                                    2,050.00

Woody’s Service                                                                   7,838.65

78 Payments less than  2000   27,613.63

Final Total:   134,946.18

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

August 6,   2014             $   126,741.10

August 11, 2014             $   113,478.11

                                                August 12, 2014             $   274,272.90

                                                August 15, 2014             $       3,906.75

                                                August 20, 2014             $     11,161.41

                                                August 21, 2014             $   100,280.63

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

Vet’s Service Contract

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for Veterans Service grant program.

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

Resolution of Lake of the Woods County

County Veterans Service Office Operational Enhancement Grant Program

Resolution No. 14-08-01

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following program: County Veterans Service Office Operational Enhancement Grant Program. The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purpose of enhancing services offered to veterans; to reduce homelessness amount veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Law 2013 Chapter 142 Article 4. This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that the Chair Beckel is hereby authorized to execute the Grant Contract for the County Veterans Service Office Operational Enhancement Grant Program, on behalf of the Lake of the Woods County.

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

DNR Short Term Lease

County Auditor/Treasurer Mark E. Hall met with the board requesting approval to enter into a short term lease with the State of Minnesota for use of Premises to conduct topographic surveys, wetland delineations and 25 geotechnical borings.

Motion

Motion was made by Commissioner Arnesen to approve the lease with the State of Minnesota for use of Premises to conduct topographic surveys, wetland delineations and 25 geotechnical boring, effective August 15, 2014 thru May 31, 2015 and authorize Chair Beckel to sign. The motion was made seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Short Elliott Hendrickson

Chair Beckel reviewed the e-mail from Benita Crow, from Short Elliott Hendrickson inquiring if the county wants them to move forward with the wetland delineations and borings for the potential airport at the NW Angle.

Motion

Motion was made by Commissioner Arnesen to authorize Short Elliott Hendrickson to move forward with the wetland delineation and borings at the site for the potential airport at the NW Angle. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Social Services

Claims

Social Service Director, Nancy Wendler met with the board requesting approval of claims as follows:

Motion

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

                                                Commissioners’ Warrants          $   13,934.98

                                                Commissioners’ Warrants          $   29,839.76

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

Child Support Update

Child Support Officer, Craig Severs met with the board and informed the board that Governor Mark Dayton proclaimed the month of August has “Child Support Awareness Month”. Craig reviewed the stats of cases he manages and the steps that are required to maintain child support collections. Social Service Director, Nancy Wendler commented that Craig works hard with both parents and does an excellent job as the Child Support Officer for Lake of the Woods County.

MIS/GIS

GIS Specialist, Daniel Fish met with the board and updated them on his GIS Conference he attended and reviewed mapping links that he has created.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval to purchase an airboat and approval for the contract with University of North Dakota for Coroner services.

Motion

Motion was made by Commissioner Arnesen to authorize County Sheriff Gary Fish to purchase an Airboat in the amount of $60,995, with $42,496 from the 2013 Stonegarden Grant and the remaining balance of $18,499 from the Sheriff’s budget. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Nordlof to enter into a service agreement with the University of North Dakota School of Medicine and health Sciences for Coroner services effective September 8, 2014 in the amount of $7,858 for one year, unless otherwise terminated or extended as per contract and authorize Chair Beckel to sign.. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

LAKE OF THE WOODS ROD AND GUN CLUB

Lake of the Woods Rod and Gun Club President, Bob Lain met with the board requesting funds to help with the Trap Shooting Club for possible State Grant matching funds.

Motion

Motion was made by Commissioner Hanson to contribute $3,500 for a trap machine from the Con-Con fund to the Rod and Gun Club to update the facilities for the County Residents. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

LAND AND WATER PLANNING

Josh presented an application for Conditional Use Permit for Neil Novacek to allow him to move more than ten (10) cubic yards of material and informed the board that the Planning Commission reviewed the application and recommends for approval.

Motion was made by Commissioner Arnesen to approve the following:

Lake of the Woods County Planning Commission

Findings of Fact and Decision

Name of Applicant:  Neil Novacek                                                                Date:  August 13, 2014

Location/Legal Description:  Lots 11 and 12, Block 1, Sandy Shores 4th Addition – Parcel #16.61.01.110

Project Proposal:  Applicant is requesting a conditional use permit, as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to allow the applicant to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of installing an access and repairing shoreline damage.

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

Why or why not?  Shoreline maintenance.

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

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

Why or why not?  Maintain shoreline.

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

Why or why not?  Protect shoreline from erosion.

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

Why or why not?  Stabilize shoreline.

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Proposal addresses issue.

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

Why or why not? ______________________________________________________

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

Why or why not?  Many have rip rap to protect shoreline and lake access.

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

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

Why or why not?  Cabin area.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

The specific conditions of approval are as follows:  Meet DNR requirements for boat ramp and rip rap project.

The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners that this proposal be:

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

                                                                                    _____________________________________

                                                                                                            Tom Mio

                                                                                                        Chair, Planning Commission

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

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

Josh presented a an application for Conditional Use Permit for Efrem Novacek to allow him to move more than ten (10) cubic yards of material and informed the board that the Planning Commission reviewed the application and recommends for approval.

Motion was made by Commissioner Hanson to approve the following:

Lake of the Woods County Planning Commission

Findings of Fact and Decision

Name of Applicant:  Efrem Novacek                                                             Date:  August 13, 2014

Location/Legal Description:  Lot 23, Block 1, Sandy Shores – Parcel #16.55.01.230

Project Proposal:  Applicant is requesting a conditional use permit, as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to allow the applicant to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of installing an access and repairing shoreline damage.

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

Why or why not?  Shoreline maintenance.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Maintain shoreline.

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

Why or why not?  Protect shoreline from erosion.

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

Why or why not?  Stabilize shoreline.

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Proposal addresses issue.

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

Why or why not? ______________________________________________________

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

Why or why not?  Many have rip rap to protect shoreline and lake access.

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

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

Why or why not?  Cabin area.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

The specific conditions of approval are as follows:  Meet DNR requirements for boat ramp and rip rap project.

The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners that this proposal be:

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

                                                                                    _____________________________________

                                                                                                            Tom Mio

                                                                                                        Chair, Planning Commission

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

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

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board and informed the board that the bid opening on August 25, 2014 for CSAH 17 to Rocky Point, Project No. SP 039-617-008 went to the lowest bidder in the amount of $4,598,256.57, Knife River Materials.

Motion

Motion was made by Commissioner Moorman to award the bid for project CSAH 17, Project No. SP 039-617-008, to Knife River Materials, contingent upon the approval from the Civil Rights Office. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Barge Run/Markit Landfill

Public Works Director, Tim Erickson informed the board that the barge run will be held on August 30; informed the board that there will be a meeting with Markit Landfill on September 17 at 11:30 a.m. to discuss the Markit Landfill costs, the meeting will be held at Rosalie’s Restaurant.

Amend Agenda

Motion was made by Commissioner Hanson to amend the agenda and add Letter of Retirement from Dale McGuire to the agenda. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Landfill- Letter of Retirement

Public Works Director, Tim Erickson, informed the board that Dale McGuire intends to retire on December 1, 2014 and requested approval to advertise and hire.

Motion

Motion was made by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to advertise and hire for a Solid Waste Processor contingent upon receiving the retirement letter. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Energy Audit

The board discussed the free energy audit conducted by REA and requested Public Works Director, Tim Erickson to coordinate the service.

Tile Drainage Issues

Public Works Director, Tim Erickson informed the board that there are issues going on again with drainage tile being placed without proper paperwork and just wanted to inform the board about the situation and that he will take the proper steps for correction.

RECESS

The meeting was called to recess at 11:45 a.m. and reconvened at 11:50 a.m. as follows:

PREVENTION COALITION

Prevention Coalition Fiscal Officer, Christine Hultman met with the board requesting approval for the 2013-2014 Fiscal Report.

Motion

Motion was made by Commissioner Hanson to approve the 2013-2014 Fiscal Report for the Prevention Coalition and authorize Chair Beckel, County Attorney, James Austad and Prevention Coalition Fiscal Officer, Christine Hultman to sign. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

FAIR GROUNDS DONATION

Commissioner Hanson informed the board of the donation that the county gave to the fair grounds for the help of constructing a pavilion. The County Board was informed that the project was given to the lowest bidder, but now they are re-bidding the project.

Motion

Motion was made by Commissioner Hanson to place the Fair Grounds money of $45,000 into a designated account for further clarification of the building project. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Formal Request

The board considered the process when organizations come to the board requesting funding for projects after the budgeting process for Con-Con funds.  The consensus of the board was that any organization that comes to the board requesting funds that were not applied for at budget time will need to have a resolution or motion by the board’s organization approving such projects before the County Board will approve any funding.

ASSEMENT OF FEDERAL BUILDING

The board discussed the EDA request of having the Federal Building assessed by County Assessor, Mary Jo Otten. The consensus of the board was to have County Assessor, Mary Jo Otten assess the Federal Building.

RECESS

The meeting was called to recess at 12:10 p.m. and reconvened at 1:04 p.m. as follows:

HUMAN RESOURCES

Chair Beckel informed the board that the grades from Trusight for the Human Resource Director and County Auditor/Treasurer have been completed.

Auditor/Treasurer

Motion

Motion was made by Commissioner Arnesen to set the Auditor/Treasurer job description at grade 21, step 1, (points-491) effective August 26, 2014. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Human Resources

Motion to Rescind

Motion was made by Commissioner Hanson to rescind the motion dated July 8, 2014 as follows:

“Motion was made by Commissioner Moorman to set Human Resources Director Job description at grade 12 as recommend by the Personal Committee. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried”

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

Motion

Motion was made by Commissioner Hanson to set the Human Resource Director grade at 16,  point 369. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried

LUDE TOWER

Commissioner Hanson informed the board that he spoke with a representative from MN DOT, and that Verizon would like to lease space on the Lude Tower, however, Lake of the Woods County has exclusive rights, and MN DOT does not have the right to grant permission for the use of the Tower. Commissioner Hanson will meet with County Attorney, James Austad upon receipt of lease changes.

JOINT MEETING

Commissioner Hanson discussed a potential joint meeting with the City of Baudette for a housing project.

CLOSED SESSION

Motion was made by Commissioner Hanson to close the regular meeting at 1:55 p.m. and open the closed session pursuant to MN Statue §13D.03, subd. 1 (b), – Union Negation’s.  the motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

The following were present: Commissioners Arnesen, Beckel, Hanson, Moorman and Nordlof, County Auditor/Treasurer, Mark Hall.

Motion was made by Commissioner Hanson to close the closed session and open the regular meeting at 2:15 p.m. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

With no further business before the board, Chair Beckel called the meeting to recess at 2:16 p.m.

Attest:                                                                                     Approved: September 9, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

July, 2014

Commissioner Proceedings

July 8, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 8, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: ANI Acquisition Company, Rip-Rap discussion, and Add to Old/New Business- Flood Water Issues. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Arnesen to approve the consent agenda as follows:  Travel for Stacy Novak, on July 13-14 for MCCC Committee in St. Paul (re-scheduled from July 9-10); Craig Severs on September 28-October 1 for MN Family Support & Recovery Council in St. Cloud. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Approval of Minutes

June 24, 2014 Minutes

Motion was made by Commissioner Hanson to approve the minutes of June 24, 2014 regular meeting with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                           Revenue                              $      31,152.26          

                                                Road & Bridge                     $    170,851.78

                                                Solid Waste                          $        6,387.55

                                                EDA                                     $         2,019.99

                                              219,411.58         

WARRANTS FOR PUBLICATION

Warrants Approved On 7/08/2014 For Payment 7/11/2014

Vendor Name                                                                      Amount

Cenex Co-Op Services, Inc.                                           3,051.56

Hasler                                                                              4,000.00

Jake’s Quality Tire Inc                                                     2,102.24

Lakewood Farms Inc                                                      6,872.53

Nortrax Inc                                                                   161,224.00

SeaChange Printing&MarketingServices LLC              3,432.20

Strata Corp, Inc                                                                3,394.65

University Of Mn                                                              8,316.24

Ziegler, Inc                                                                       2,788.74

61 Payments less than 2000 24,229.42

Final Total:  219,411.58

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

June 11, 2014                  $    80,143.74

June 26, 2014                  $    40,474.96

July 2, 2014                     $      1,193.07

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

Approval of Final Land Sale

County Auditor/Treasurer, Mark Hall and Deputy Auditor, Stacy Novak met with the board requesting approval for the terms of the Land Sale that will be held on August 22, 2014.

Motion

Motion was made by Commissioner Arnesen to approve the following terms of the Tax Forfeited Land sale that will be held on August 22, 2014 as recommend by County Attorney, James Austad:

TERMS FOR THE PUBLIC SALE OF TAX FORFEITED LAND

IN LAKE OF THE WOODS COUNTY

PUBLIC SALES: All tax forfeited land is offered at public auction and sold to the highest bidder. The minimum bid acceptable is the basic sale price that is shown on the list of tax forfeited land. The basic sale price is equal to or lesser than the assessed/appraised value and may include additional charges for unpaid special assessments or timber values as appraised by the Minnesota Department of Natural Resources.

PARCELS NOT SOLD AT PUBLIC AUCTION: Parcels not sold at a public sale may be purchased after the public sale by paying the basic sale price of the parcel.  The basic sale price cannot be changed unless the parcel is re-appraised, republished, and again offered at a later public sale.

FEES: The following fees will be collected at the time of sale: State Assurance Surcharge, 3%; State Deed Fee, $25; Deed filing fee, 19.50; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50 (if applicable); and State Deed Tax, equal to the greater of $1.65 or 0.33% of the basic sale price.

PAYMENT TERMS: CASH—FULL PAYMENT AT TIME OF SALE.

Payment includes timber value and certified special assessments to county.

SPECIAL ASSESSMENTS: Any special assessments certified to the county, prior to or after forfeiture, are included and must be paid by the purchaser as part of the basic sale price. It is the responsibility of the prospective buyer to contact the appropriate city to determine any special assessments not certified to the county and that may be subject to further assessment thereof.

CONDITIONS: Sales are subject to the following restrictions on the use of the properties: existing leases, building codes and zoning laws, and easements obtained by any government subdivision or agency thereof for a public purpose. The assessed/appraised value does not represent a basis for future taxes.

All property is sold “as is” and may not conform to current local building and zoning ordinances. Lake of the Woods County makes no warranty that the land is “buildable”. All sales are final, and no refunds or exchanges are permitted. Lake of the Woods County is not responsible for location or determining property lines or boundaries.  Access to the property is the responsibility of the buyer.

*Lake of the Woods County is unaware of any known hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time.

Radon Warning Statement: The MN Dept. of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy and recommends having the radon levels mitigated if elevated concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling.

*Lake of the Woods County is unaware of any radon testing, records, concentration levels, or mitigation systems on or available for applicable sale properties.

TITLE: PROOF OF OWNERSHIP: The buyer will receive a receipt at the time of the sale. The Department of Revenue will issue a State quitclaim deed after full payment is made. A State deed has the characteristics of a patent from the State of Minnesota.

SETTLEMENT IS FINAL: No warranties as to physical condition of the property have been made by Seller, its Employees or Agents; any warranties of physical condition of the property are void. The Seller, its Employees or Agents, have no further responsibility or liability with respect to the condition or management of the property.

FOR ALL LAND NOT IN A PLATTED SUBDIVISION: There are restrictive covenants required for marginal lands and wetlands including lands in Auditor’s Subdivisions (see Minnesota Statutes Section 103F.535, Subd. 2; and Section 282.018, Subd. 2.)

FORMER OWNERS: Must pay the purchase price or the amount of delinquency, whichever is more, pursuant to Minnesota Statutes Section 282.01, Subd. 7; Section 282.012; and Section 282.241.

IN ORDER TO PROTECT YOUR LEGAL INTERESTS, WE RECOMMEND THAT YOU CONSULT WITH YOUR ATTORNEY ON LEGAL MATTERS.

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

Publication of Land Sale

County Auditor/Treasurer, Mark Hall met with the board requesting approval to set the date and time for the Tax-Forfeited Land Sale.

Resolution

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

NOTICE OF PUBLIC SALE OF TAX-FORFEITED LANDS

Resolution No. 2014-07-01

NOTICE IS HEREBY GIVEN, that the parcels of land described in the List of Tax-Forfeited Land that is contained herein shall be sold to the highest bidder at public sale. The sale will be governed by the provisions of MS 282.01 and by the resolution of the Lake of the Woods County Board of Commissioners authorizing the sale. The resolution reads as follows:

BE IT RESOLVED,  that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at 1:00 p.m. on August 22, 2014 , by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

BE IT FURTHER RESOLVED, that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Lake of the Woods County Board of Commissioners.

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

Publishing of Land Sale

County Auditor/Treasurer, Mark Hall informed the board that he would like to publish the notice of sale for the following weeks: July 14, 21 and 28.  The board concurred of the publishing dates.

Appointment to Canvassing Board

County Auditor/Treasurer, Mark Hall met with the board requesting approval to appoint two Commissioners to the 2014 Canvassing Board.

Motion

Motion was made by Commissioner Arnesen to appoint Commissioner Hanson and Commissioner Beckel to the Canvassing Board for the 2014 Primary and General Election. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Appointment of 2014 Election Judges and Hourly Pay

County Auditor/Treasurer Mark Hall met with the County Board to approve election judges for the primary and general elections; and request a pay increase for the election judges.

Motion

Motion was made by Commissioner   Moorman to approve the following election judges for the 2014 primary and general elections: Mary Marhula, Dorothy Chapman, Christie Russell, Sandy Peterson, Judy Johnson, Shelley Pepera, Aprille Levasseur, Rita Krause, Margie Sporlein, Dale Boretski, Steve Sindelir, Dawn Christianson, Darren Olson, Lorene Hanson, Jo Thoreson, Jean Larson, John Carroll, Stacy Novak, Jamie-Boretski-Lavalla, Jodi Ferrier, Dena Pieper and Nancy Olson. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the hourly pay for election judges as follows: head election judges at $10.25 per hour and election judges at $9.75 per hour; effective with the 2014 election. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Peddler’s License

County Auditor/Treasurer, Mark Hall met with the board informing the board there was a request for a Peddler’s License and that the county in the past has not issued a peddler’s license. Mark informed them that he contacted a couple other counties in the area, and they do not require a peddler’s license and wanted to know which direction the county would want to go. The consensus of the board was not to require a peddler’s license within Lake of the Woods County.

Amend Agenda

Motion was made by Commissioner Arnesen to amend the agenda and add Cenex Co-op to the agenda. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Cenex –Coop

Kent Hanson, Manager of the Cenex Coop to inform the board that the Canadian National Railroad had decided to discontinue the Coop’s use of the transload site in Baudette that is used for off-loading and distribution of  propane into northern MN & ND as well as southern Ontario and requested County Boards support.  The board will send letters of support to the appropriate people for their help in this matter.

land and water planning

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the Drainage Committee will meet on July 24 at 6:30 p.m.; Wetland appeal is on hold while the Administrative Judge reviews and around August 12 or 13 the hearing will be held on decision of appeal; followed up on the MN Commerce Letter in regards to appointing someone to the task force for the Great Northern Transmission line, Josh confirmed that the county will receive a review letter.

Conditional Use Permits

Land and Water Planning Director, Josh Stromlund met with the board to discuss Emergency Conditional Use Permits and the concerns on how to expedite these permits when emergency situations such as flooding occur. The board requested that he look into this further.

RIP RAP

The board discussed the Rip Rap that private citizens are purchasing to protect their property with the flooding conditions and if they would get reimbursed for their expenses. Public Works Director Tim Erickson stated to document everything that is done on public right-a-way.

ANI ACQUISITION COMPANY

County Assessor, Mary Jo Otten met with the board to present a resolution approving the settlement agreement with ANI Acquisition Company on the assessed values of parcels of land within Lake of the Woods County.

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

RESOLUTION NO. 14-07-02

ANI ACQUISITION SETTLEMENT

WHEREAS, it is the duty of County officials to collect taxes that have been duly assessed against real and personal property; and

WHEREAS, the Board has been involved in a controversy with the ANIP Acquisition Company regarding assessed values of six separate parcels for the purposes of setting property taxes in 2012, 2013 and 2014; and

WHEREAS, the some of disputed parcels were sold by foreign corporation, Solvay Pharmaceuticals, Inc., to ANIP Acquisition Company, and provided a prime opportunity to benefit ANIP as well as the Lake of the Woods community and the city of Baudette; and

WHEREAS, the unique characteristics and remote location of the parcels, without  similarly  situated  commercial  properties  previously  sold  within  their vicinity making it difficult appropriately evaluate market trends; and

WHEREAS, both ANIP and Lake of the Woods County conducted independent appraisals, and the higher of the two provided values below the previously assessed values; and

WHEREAS, the Lake of the Woods County Board has the power to settle by compromise for less than the full amount of the claim for all claims in favor of the County on which no payment has been made or recovered; and

WHEREAS, the parties have agreed to accept the highest values identified in the appraisals as the agreed upon value for property tax purposes; and

WHEREAS, after weighing the prospective evidence and understanding the expense and risks of litigation, the Lake of the Woods County Board wishes to enter into a settlement agreement to resolve this matter:

BE IT RESOLVED by the Lake of the Woods County Board as follows:

  1. The Lake of the Woods County Board hereby approves the settlement agreement which is attached to this resolution.
  2. The Lake of the Woods County Board Chair, County Attorney, and other elected officials and employees of the County, are authorized to take such actions as may be necessary to fully perform this agreement.

The resolution was seconded by Commissioner Moorman and the same being put to a vote, with Commissioner Nordlof abstaining, was unanimously carried.

Social Services

Claims

Social Service Director, Nancy Wendler met with the board requesting approval of claims as follows:

Motion

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

                                                Commissioners’ Warrants          $   16,068.14

                                                Commissioners’ Warrants          $     8,850.75

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

PUBLIC WORKS

Final Payment

Public Works Director, Tim Erickson, met with the board requesting approval for final payment for Lian Construction.

Motion

Motion was made by Commissioner Hanson to accept the Public Works Director’s Certificate of Final Contract Acceptance for S.A.P 039-604-007 and S.A.P. 039-598-065, Box Culverts installations, for Lian Construction in the amount of $10,082.60. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Solid Waste

Public Works Director, Tim Erickson met with the board to review Solid Waste Department equipment and projects.

Motion

Motion was made by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to trade in the Scarab Compost Turner in the amount of $10,000. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to authorize Public Works Director, Tim Erickson to put up for sealed bids the following equipment: Dorsy Dry Van Semi Trailer, 1989 Ford and 1986 Ford. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Solid Waste Projects

Motion was made by Commissioner Hanson to approve the following projects for the Solid Waste Department:

  • Move water pressure tank approximate cost of $1,000
  • Placement of new 500 gallon fuel tank on site 
  • Exhaust fan needs to be rebuilt with a cost of $400 for parts; Electrical cost around $4,000 for the three projects
  • DC70 Dozer repair, cost around $13,000
  • Power unit for packer at the Angle needs replacing with associated cost of $6,000.

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

Mandatory Recycling Items

Solid Waste Update- handout on Mandatory Recycling items.

SAND BAG MACHINE

Public Works Director, Tim Erickson met with the board and informed the board that he looked into sandbag machines and it would cost $18,000 to purchase.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson to purchase a sand bag machine in the amount of $18,000 from the unallocated account. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

TOWARD ZERO DEATH PRESENTATION

Captain Hanson, District II Engineer Lou Tasa, NW TZD Coordinator, Holly Kostrzewski and Public Works Director, Tim Erickson met with the board and updated them on the progress of the Towards Zero Death Initiative.  

HUMAN RESOURCES

Commissioner Arnesen informed the board that the Personnel Committee did meet and recommends that Human Resource Directors job description to be graded at 12.

Motion

Motion was made by Commissioner Moorman to set Human Resources Director Job description at grade 12 as recommend by the Personal Committee. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

 CORRESPONDENCE:

  • Hoffman, Dale, & Swenson
  • UM Extension- Flood Brochure
  • MN DNR- update on NWA Airport Lease with State

With no further business before the board, Chair Beckel called the meeting to recess at 12:26 p.m.

Attest:                                                                                     Approved: July 22, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

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

Commissioner Proceedings

July 14, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 14, 2015, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to approve the agenda with the following additions: Lost warrant, Paul Bunyan Transit Update, and Hoffman, Philipp & Knutson PLLC letter.

Approval of Consent Agenda

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the consent agenda as follows: Christine Hultman to Breezy Point on June 24-26 for AMSSA Conference.

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of June 23, 2015.

auditor/treasurer

Claims

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows:

                                           Revenue                      $  42,334.31                             

                                                Road & Bridge            $108,554.86

                                                County Devel              $    2,050.60       

Natl Resc.Enhanc        $       224.90       
Solid Waste                 $  27,816.89        

                                                EDA                             $     3,54.56

                                                Sale/Forf Lands           $        91.98      

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

                                                June 23, 2015              $  21,165.40

                                                July 1,   2015               $408,810.02

                                                July 8,   2015               $  77,626.62

WARRANTS FOR PUBLICATION

Warrants Approved On 7/14/2015 for Payment 7/17/2015

Vendor Name                                     Amount

Cenex Co-Op Services, Inc.                                                         11,709.12

Computer Professionals Unlimited Inc                                          9,519.00

Contech Engineered Solutions LLC                            40,271.30

Crop Production Services                                             18,652.21

Fort Distributors Ltd                                                       23,026.50

Howard’s Oil Company                                                   2,581.91

LOW Highway Dept                                                         5,021.25

Mar-Kit Landfill                                                               14,421.15

Mn Counties Information System                                   2,561.25

Northwest Community Action, Inc                                  3,460.00

R & Q Trucking, Inc                                                         3,710.20

Rinke-Noonan                                                                  2,264.90

University Of Mn                                                              9,395.85

Voyageurs Comtronics, Inc                                                            2,640.00

Woody’s Service                                                              6,243.96

69 Payments less than  2000                                     29,099.50                                                                        Final Total:                                                     $ 184,578.10

Deputy Auditor/Driver’s License Clerk-Election

County Auditor/Treasurer, Lorene Hanson and Human Resource Director, Karen Ose met with the board requesting authorization to hire and to approve grade and step for the Deputy Auditor/Driver’s License Clerk-Election.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Moorman and carried unanimously to approve the hiring for the Deputy Auditor/Driver’s License Clerk-Election at grade 10 step 1, $17.34 per hour, points 247.

Fiscal Officer

County Auditor/Treasurer, Lorene Hanson met with the board requesting authorization to hire and to approve to approve grade and step for the Fiscal Officer. They explained that they would like to have a range, possibility of candidates experience up to step 3.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the hiring for Fiscal Officer at grade 12, up to step 3- points 276.

Lost Warrant

County Auditor/Treasurer, Lorene Hanson met with the board requoting approval for a lost warrant for Ginger Cargile, dated December 19, 2014 for $14.84.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the lost warrant for Ginger Cargile, dated December 19, 2014 for $14.80, without furnishing of an indemnifying bond.

2014 Audit -Letter Hoffman, Philipp & Knutson PLLC

County Auditor/Treasurer, Lorene Hanson met with the board and informed the board that they received the engagement letter from Hoffman, Philipp, & Knutson, PLLC informing them that they will be auditing the financial statements of the governmental activities, major funds and the aggregate remaining fund information for the county.

HUMAN RESOURCES

Human Resource Director, Karen Ose met with the board requesting authorization to have a DocuShred Container and a mountable mail box for her department.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to authorize Human Resource Director to order a DocuShred container and a mountable mail box for the Human Resources department.

Social Services

Claims

Social Services Director, Amy Ballard and Fiscal Officer, Christine Hultman met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Moorman and carried unanimously to approve the following claims against the county.

                                                Commissioners’ Warrants          $ 26,268.01

                                                Commissioners’ Warrants          $   5,672.04

                                                Commissioners’ Warrants          $ 32,285.86

Update on Hiring

Social Services Director, Amy Ballard met with the board on the hiring process for the Case Aide position and that just closed; informed the board that in the 2015 Legislative session they mandated and allocated $60,000 per year to hire Child Protection Officer.

PAUL BUNYAN TRANSIT

Social Service Director, Amy Ballard informed the board that she attended the Paul Bunyan Transit meeting which was held on June 24 and stated that the counties are disappointed with the services that they are receiving and that they will be getting together to discuss these issues; service area radius is four (4) miles around Brink Center as defined by Paul Bunyan Transit.

NORTHERN DENTALACCESS CENTER

Northern Dental Access Center Warren Larson, founding member met with the board to seek support for the Northern Dental Access Center for creating a dental home for under service resident of Northern Minnesota. He informed the board that they want to request State Bonding funding to support the construction of a new and larger dental clinic and is requesting a resolution of support.

Resolution

The following resolution was offered by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously:

Lake of the Woods County Board of Commissioners Resolution of Support

Northern Dental Access Center

RESOLUTION NO. 15-07-01

Resolution to support the expansion of Northern Dental Access Center to serve people in need, who live in and around Lake of the Woods County, with dental care

WHEREAS; lack of access to dental care is a common challenge among people experiencing poverty and other life challenges; and

WHEREAS; the lack of adequate dental care negatively affects the health of individuals and the overall health of the County; and

WHEREAS; lack of access to dental care contributes to challenges in worker productivity, childhood learning, and social success among vulnerable and at risk people; and 

WHEREAS; even though many dentists within the region work to meet the need for dental care by all residents, the growing demand among low income and at-risk people, along with reduced Medicaid payments, there remains a significant gap in dental care access in the region; and

WHEREAS; Northern Dental Access Center has successfully served more than 13,000 people in its first six years of operation, with dental care and the patient support services necessary to address barriers to care; and 

WHEREAS; growing demographic projections indicate that the number of low income people who live in and around Lake of the Woods County will number more than 70,000 in the year 2020; and

WHEREAS; the current Northern Dental Access Center facility is housed in a leased facility that has been expanded multiple times with no more capacity to grow in order to adequately meet the growing demand for care.  Parking challenges, ADA compliance issues, high energy costs, lack of adequate administrative and storage space, and lack of patient privacy—all contribute to the growing need for a new facility; and

WHEREAS; a new clinic with updated features and room for expansion will provide for greater number of patients served, higher efficiency in the use of public funds, allow for multiple community partnerships to better serve low income families with dental care and access to other resources to improve their overall health.

NOW, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners supports development of a new facility to house Northern Dental Access Center and its community partners to assure the organization’s long term sustainability and for the purposes of serving greater numbers of low income people in the region with dental care and support services to address barriers to care.

AND BE IT FURTHER RESOLVED; that the Lake of the Woods County Board of Commissioners encourages adjacent units of government to resolve similar support of Northern Dental Access Center’s.

RECESS

The meeting was called to recess at 9:50 a.m. and reconvened at 9:59 a.m. as follows:

COMMITTEE REPORTS

Commissioner Nordlof- informed the board on the North Land Use meeting

Commissioner Moorman- informed the board on the Montana Institutes training for Prevention Coalition.

OLD/NEW

Beaver- More trappers on the list

Clementson Property- now transferred to county, near future get parks committee together

NWA- Tribal meeting on July 29

RECESS

The meeting was called to recess at 10:30 a.m. and reconvened at 11:00 a.m. as follows:

MEDICAL EXAMNIER

Dr. Maryann Sens, Medical Examiner met with the board to give an update on new Legislative changes on Autopsy requirements, which give families religious objectives to autopsy the right to say no, except for traffic fatalities and drug overdoses.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board and informed the board that MPC approved the Solid Waste Plan and now he can move on with the SCORE report and other requirements.

City of Williams –School

The board discussed the Old Williams School and the water flow. Tim informed the board that he has not had time to look at this so far.

Markit Landfill

Manager Dale Nelson, from Markit Landfill met with the board to review the new contract for Solid Waste disposal and informed the board that the contract from 1995 will be expiring and the cost per ton has only increased from $45 a ton, to $50 per ton. The contract was placed on July 28, 2015 board agenda for approval.

County Road 17

Public Works Director, Tim Erickson met with the board and informed them that the County Road 17 construction project is moving along.

RECESS

With no further business before the board, Chairman Arnesen called the meeting to recess at 11:45 a.m.

Attest:                                                                                     Approved: July 28, 2015

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Edward ArnesenCounty Auditor/Treasurer      

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

Commissioner Proceedings

July 22, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 22, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: PERA resolution, MN Counties newsletter, Jerry Strandberg letter, Emergency Communications Board and Co. Rd 1 and meeting with Bob Lessard. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Nordlof to approve the consent agenda as follows:  Travel for Dessa to Duluth for Community Mental Health Conference on September 17-19 and Ed Arnesen on July 14, meeting with Bob Lessard.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

July 8, 2014 Minutes

Motion was made by Commissioner Moorman to approve the minutes of June 8, 2014 regular meeting.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                           Revenue                              $      87,927.32          

                                                Road & Bridge                     $    333,140.89

                                                Co. Develp                           $            900.00   

                                                Solid Waste                          $       25,166.66

                                                EDA                                     $         4,711.52

                                              451,846.39         

WARRANTS FOR PUBLICATION

Warrants Approved On 7/22/2014 For Payment 7/25/2014

Vendor Name                                                              Amount

Andy’s Garage, Inc.                                                            2,726.60

Arrowhead Library System                                               33,118.02

Cenex Co-Op Services, Inc.                                              6,334.36

Cole/Kelly C                                                                       2,945.00

Earthworks Contracting Inc                                              5,890.00

Envirotech Services Inc                                                 105,305.43

Ferrier Logging, Inc                                                           9,832.50

Fish/Kevin                                                                         10,948.75

Hasbargen Logging Inc                                                   11,708.75

Hoffman, Dale, & Swenson, Pllc                                        8,342.00

Howard’s Oil Company                                                      2,530.70

Keeprs, Inc –                                                                        2,673.97

LOW Highway Dept                                                            5,013.75

Mar-Kit Landfill                                                                  13,286.25

Miovac/Tim                                                                          6,032.50

Mn Counties Information System                                      4,215.00

Norman Johnson Trucking, Inc.                                     6,032.50

Northwest Community Action, Inc                                    3,006.50

R & Q Trucking, Inc                                                           3,303.15

Sandbagger                                                                      17,718.73

Strata Corp, Inc                                                               153,052.00

Voyageurs Comtronics, Inc                                               3,542.24

Woody’s Service                                                                5,213.10

Zuercher Technologies, LLC                                            2,190.00

67 Payments less than 2000   26,884.59

Final Total:   451,846.39

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

July 10, 2014                   $   120,051.12

July,10  2014                   $     96,588.31

July 15, 2014                   $     97,029.96

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

PERA- Resolution

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for Part Time Deputy Sheriff, Todd Perala that meets the Police and Fire PERA membership requirements.

Motion

The following resolution was offered by Commissioner Nordlof and moved for adoption;

County Board PERA Resolution

Resolution   2014-07-03

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below;

BE IT RESOLVED, that the Commissioners of Lake of the Woods County hereby declares that the position titled Part Time Deputy Sheriff, currently held by Todd Perala meets all of the following Police and Fire membership requirements:                         

  1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;
  2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;
  3. Said position charges this employee with the prevention and detection of crime;
  4. Said position gives this employee the full power of arrest, and
  5. Said position is assigned to a designated police or sheriff’s department.

BE IT FURTHER RESOLVED, that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision.

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

NWA AIRPORT

Chair Beckel discussed the county’s consideration of the development of a general aviation airport at the Northwest Angle. SEH Inc. has completed two feasibility reports related to this initiative and determined the most practical location for a potential airport on land currently owned by the Minnesota Department of Natural Resources (DNR). In order to develop more detailed cost estimates associated with a potential airport at the Northwest Angle, additional information is needed related for the geotechnical properties of the soil, topographical survey information, and wetland areas and that the county board is requesting a temporary easement from the DNR to access the site and obtain additional information. Benita Crow from SEH is requesting an update on the status of the County’s position on their contract proposal with regard to soil borings and preliminary engineering, and would be happy to pull together the information the DNR needs in advance of a contract, and is requesting some type of direction from the board itself. The consensus of the board was to have SEH to move forward with the work elements for each of the three tasks- geotechnical boring, topographic survey and wetland delineations.

WILLIE WALLEYE PARK

Chair Beckel informed the board that a Commissioner needs to be appointed to the Willie Walleye Park committee.

Motion

Motion was made by Commissioner Arnesen to appoint Commissioner Beckel to the Willie Walleye committee and Commissioner Hanson as the alternate. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

WHEELERS POINT SEWER DISTRICT and AIRPORT UPDATE

Chair Beckel gave an update on  grant funding from Rural Development that has accepted the application for Wheelers Point Sewer District; the possible grant dollars of $6.8 million to put towards this project; Chair Beckel also informed the board that the Airport Commission would like to add an additional hanger, but to receive any funding according to the FAA regulations you are required to do a master plan, which would cost up to $230,000, which is paid for by the Federal Capital Improvement dollars from the FAA.

Social Services

Claims

Social Service Director, Nancy Wendler met with the board requesting approval of claims as follows:

Motion

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

                                                Commissioners’ Warrants          $   10,428.84                        Commissioners’ Warrants          $    26,710.76

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

ASSESSOR

County Assessor, Mary Jo Otten met with the board requesting Part Time help with the reassessment at the NWA which would start August thru September for approximately three (3) weeks.

Motion

Motion was made by Commissioner Hanson to authorize County Assessor, Mary Jo Otten to hire Jason Goulet as part time help with the reassessment at the NWA at an hour rate of $17.79 per hour and place him on the PERA Coordinated Plan. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

GOVERNEMNT CENTER RENOVATION PROJECT

Public Works Director, Tim Erickson and MIS Director, Peder Hovland met with the board to discuss the consideration of a small renovation project in the MIS/ GIS Computer Room area which includes removing a portion of the wall in the Auditor’s Office to open the space up to the adjacent MIS/GIS area. The computer room will be expanded into the work bench area leaving space for a corridor and the new computer room will have a new door and windows. According to Widseth Smith Nolting, they do not think it is necessary to hire an architect, mechanical or electrical engineer for this project. Their recommendation was to request quotes from two or three experienced contractors for this project.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson and MIS/GIS Director, Peder Hovland to request quotes for General Contractor for the renovation project in the MIS/GIS Computer Room area. 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 9:53 a.m. and reconvened at 10:01 a.m. as follows:

SANDY SHORES RESIDENTS

Clayton & Jackie Moen and Clayton & Barbara Carlson met with the board to discuss the Sandy Shores Road and the issues and damages that occurred this spring to their properties. Public Works Director, Tim Erickson presented a map for the department’s plan for a temporary fix for the water issues, at this time it would be to ditch and direct the runoff away from the homes and go south and east to the lake for better drainage and run off with a 2% grade.  Clayton Carlson gave an overview of the history of overland flooding in the area.  Jackie Moen stated that the plan on the ditch is not going to resolve the issue of flooding. Public Works Director informed her that this is only a temporary fix at this time,  and that the aggressive plan is still work in progress; that this is a major project; the estimated cost of this project for ½  mile is $300,000 and it may be possible to have this done at the end of 2016.

PUBLIC WORKS

Advertise for Bids

Public Works Director, Tim Erickson, met with the board requesting approval to advertise for bids for construction of S.P. 039-617-008, S.P. 068-617-006, S.P. 039-070-005 and S.P. 068-617-007, Grading, Bituminous Surfacing, rumble Stripes; Aggregate Shoulder; Bituminous Shoulder & Box Culvert Installation. Bid opening for the above will be on August 25, 2014 at 2:00 p.m.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson to advertise for bids for construction of S.P. 039-617-008, S.P. 068-617-006, S.P. 039-070-005 and S.P. 068-617-007, Grading, Bituminous Surfacing, rumble Stripes; Aggregate Shoulder; Bituminous Shoulder & Box Culvert Installation. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

HWY # 72

Tom Dinndorf , Rotary member met with the board to discuss the possibility of re-routing Hwy 72 to go down main street, past the depot  and then to the border and was asking for the Commissioners support. The board requested that Tom meet with the City of Baudette council members; and have the City come to the county for their help and or ideas.

County Road 1

The board discussed the dips on County Road 1 and was wondering what the plan is to fix the dips on the road. Tim has been looking at options to fix the dips.

SHERIFF

County Sheriff, Gary Fish met with the board and informed the board that he met with Hospital President, Jason Breuer about Coroner Services and he would be willing to have a Doctor be the County’s Coroner; requested approval for a resolution for Regional Radio Communications Board and  approval for the 2013 Stonegarden grant.

Motion

Motion was made by Commissioner Moorman to approve the 2013 Stonegarden Grant, Grant Number A-OSGP-2013-:OTW-CO-00005 in the amount of $100,338.00 effective July 1, 2014 thru August 31, 2015 and authorize Chair Beckel and County Sheriff, Gary Fish to sign. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

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

Joint Powers Agreement; February 12, 2014 Amendments

Northwest Minnesota

Regional Emergency Communications Board

Resolution No. 14-07-04

WHEREAS, Lake of the Woods County is a participating member in the Northwest Minnesota Regional Radio Board formed pursuant to Minnesota Statutes 471.59 and 403.39, and

WHEREAS, this Joint Powers Agreement amendment creates the Northwest Minnesota Regional Emergency Communications Board pursuant to Minnesota Statutes 403.392, and

WHEREAS, these amendments were approved by the Board on February 12, 2014 to facilitate the incorporation of NG911 technology, public safety wireless broadband technologies, and other emerging public safety communication technologies.

NOW THEREFORE, BE IT RESOLVED the Lake of the Woods County Board of Commissioners approves the modifications to the Joint Powers Agreement recommended by the Northwest Regional Radio Board and attached hereto; and be it further

RESOLVED the Board Chair is hereby authorized to execute the Joint Powers Agreement.

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

Let’s Go Fishing

Arvid Jaranson, Bill Mouw and Tom Mio met with Lake of the Woods County Commissioners to discuss some problems that the Senior Boating program has been facing with Let’s Go Fishing of Minnesota. Arvid informed the board that in March they received an e-mail from the Let’s Go Fishing, of Minnesota’s attorney that stated the LGF will have at least part ownership and control of all assets of bank accounts, investments, pontoon, motor and trailer and from that point, Lake of the Woods Chapter determined that they would not be a member of the Let’s Go Fishing of Minnesota on May 7, and submitted resignation from the organization.  On April 11,  Let’s Go Fishing of Minnesota  froze their bank account, stating to please understand that the home office is not taking any assets, but rather freezing them a the bank so they are not used by anyone for any improper purposes. The members requested support from the Lake of the Woods County Commissioners to help get their local funds back. The board supported their request and will send a letter out to help get their account un-froze.

LAND AND WATER PLANNING

Land and Water Planning Director Josh Stromlund met with the board and informed them that there is a Wetland meeting on July 23, 2014 in St. Paul and that he was just informed about the meeting.

Zone Change

Josh presented a an application for Zone Change Request- Danny Basher, owner; AI Thompson, applicant to Amend the Zoning Ordinance, for a zone change from a Natural Environment District to a Commercial-Recreation District for the purpose of expanding the storage building business and informed the board that the Planning Commission reviewed the application and recommends for approval.

Motion was made by Commissioner Hanson to approve the following:

Lake of the Woods County Planning Commission

Findings of Fact and Decision

Name of Applicant:  Danny Basher – Owner (Al Thompson – Applicant)    Date:  July 22, 2014

Location/Legal Description:  The N 214’ of the S 874’ of the E 495’ of the SE ¼ SE ¼ of Section 26, T-162N,   R-32W (Wheeler) Parcel 19.26.44.010

Project Proposal:  Amend the Zoning Ordinance, for a zone change from a Natural Environment District to a Commercial- Recreation District for the purpose of expanding the storage building business.

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

Why or why not?  Fits into County Plan for residential and commercial use.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Within expansion corridor on TH 172 and adjacent to commercial property.

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

Why or why not? ______________________________________________________

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

Why or why not?  Consistent with current storage buildings.

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

Why or why not?  Not in floodplain.

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

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

Why or why not?  Consistent.

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

Why or why not?  County Road #70 and TH 172.

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

Why or why not?  Adjacent storage buildings.

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Existing adjacent building were not required.           

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Access of County Road #70.

The specific conditions of approval are as follows:  __________________________________

The Lake of the Woods County Board of Commissioner’s herby affirms this request be:

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

                                                                                    _____________________________________

                                                                                                            Patricia Beckel

                                                                                                        Chair, County Board

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

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

Land and Water Planning Director, Josh Stromlund reviewed Zoning Ordinance Amendments of the following: Zoning Ordinance Amendment Definitions to address Residential District (R1) and Rural Residential District (R2), Zoning District Tables, Residential District (Rl), Rural Residential District (R2),Article X – General Provisions for Subdivisions and PUD’s, Article XI- Procedures for Approval of Subdivisions and PUD’s -Article XII – Enforcement and Penalties. Josh informed the board that the Planning Commissions recommends approval.

Amendments to Lake of the Woods County Zoning Ordinance

Motion was made by Commissioner Moorman to approve the following:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Lake of the Woods County                                          Date:  July 22, 2014

Location/Legal Description:  All unincorporated land in Lake of the Woods County including the shorelands of classified public water bodies.

Project Proposal:  Amendments to Lake of the Woods County Zoning Ordinance

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

Why or why not? The Lake of the Woods County land use planning process has been designated to provide overall long term guidance to the county in its land use decision-making process through the development of land use goals and policies. The following are the applicable goals that this Ordinance will achieve:

  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain the tax base of the county so quality services can be provided.
  3. Maintain and, where, necessary, improve water quality.

The following are the applicable policies that this Ordinance will achieve:

  1.  Maintain the county government’s economic health through the maintenance of its tax base, and the promotion of compatible economic activity.
  2. Undertake and/or support activities to protect environmentally sensitive areas with the county.
  3. Continue to effectively enforce existing ordinances; reassess the effectiveness of the county’s regulatory tools on an ongoing basis.
  4. As a first response to new land use management issues, emphasize educational and technical assistance activities over new regulations when possible.
  5. Continue to develop county capability to manage its land use issues through the updating of technology, training of staff, and acquisition of priority land use-related information.
  6. Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities.

The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land, and individual choice when it comes to issues of work and leisure. The following is a summary of the applicable values important to Lake of the Woods County:

  1. Individual Choice:  In the types of work and leisure to pursue, and in where to live and in the lifestyle to pursue.
  2. Local Influence:  Over policy that affects the lives of county citizens.
  3. Conservation:  Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations.
  4. Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

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

YES (X) NO (  ) N/A (  )

Why or why not? Establishment of required setbacks, impervious surface limitations, wetland restrictions, subdivision requirements and water quality improvements will maintain the public health, safety, and welfare.

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

Why or why not? Adequate provisions are included to prevent and control water pollution, including sedimentation and nutrient loading.

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

Why or why not? Adequate provisions are included for altering a site’s topography, drainage features, and vegetative cover.

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

Why or why not? Adequate provisions are included to address floodplain and/or floodway issues.

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

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

Why or why not? Adequate provisions are included to prevent and control erosion.

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

Why or why not? Adequate provisions are included regarding minimum setbacks from roads.

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

Why or why not? Adequate provisions are included that address what is allowed, not allowed, or require the issuance of a conditional use permit.

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

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

Why or why not? Adequate provisions are included that address shoreland areas of the county.

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

Why or why not? Adequate provisions are included that address septic system setbacks and the Lake of the Woods Subsurface Sewage Treatment System Ordinance is incorporated by reference.

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

Why or why not? Adequate provisions are included that address visibility of structure as viewed from public waters.

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

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

Why or why not? Adequate provisions are included that address site suitability for development purposes.

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

Why or why not? Adequate provisions are included that address watercraft accesses and Lake of the Woods is approximately 300,000 acres in size.

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

Why or why not? Adequate provisions are included that address above ground and below ground storage tanks through the conditional use permit or variance process.

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

Why or why not? Adequate provisions are included that address fencing and/or other screening to provide a buffer through the conditional use permit or variance process.

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

Why or why not? Adequate provisions are included that address signage.

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

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

Why or why not? Adequate provisions are included that address traffic and parking concerns through the conditional use permit or variance process.

The specific conditions of approval are as follows:  __________________________________

The Lake of the Woods County Board of Commissioner’s hereby confirms this request be:

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

                                                                                    _____________________________________

                                                                                                            Patricia Beckel

                                                                                                        Chair, County Board

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

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

Permit Fees

Land and Water Planning Director requested approval for his Permit Fees.

Motion

Motion was made by Commissioner Hanson to approve the following Land and Water Permit Fee Schedule as follows:

TYPE OF PERMIT:CURRENT FEE
Land Use Permit: 
          Combined Permit (Includes house and sewage system)-    Dwellings unit at or under 2,000 square feet footprint including attached garage-    Dwellings unit over 2,000 square feet footprint including attached garage  This is for undeveloped lots only or complete redevelopment of a lot  $150.00$250.00
          Dwelling Unit with or without attached garage-    At or under 2,000 square feet footprint-    Over 2,000 square feet footprint          Commercial building $100.00$200.00$125.00
          Garage, storage sheds, or separate structure over 12’ x 20’ $75.00
          Storage sheds, or structures smaller than 12’ x 20’ (No pre-site) $50.00
          Legal addition(s) on a single structure $75.00
          Deck (over 3 feet above the natural ground) $50.00
Sewage Treatment Permit: 
          Residential sewage system per dwelling unit (new or alteration)$100.00
          Drain field Extension $50.00
          Commercial design with flow over 1,000 gallons per day$150.00
Subdivisions: 
          Platting/Subdivision Application (Non-refundable) – base fee                – plus $50.00/Lot – payable at submission of Final platCounty Surveyor’s Final Plat Check – base fee-  plus $20.00/Lot with minimum fee of $500.00Administrative Subdivision Application (Non-refundable)Minor Subdivision Application (Non-refundable) – base fee-  Plus $50.00/LotCounty Surveyor’s Review – base fee-  plus $10.00/Lot with minimum fee of $200.00$400.00 $400.00 $200.00$200.00 $150.00
Special Use Request Permits: 
          Conditional Use Application (Non-refundable) – plus $46.00 Recording Fee$200.00
          Variance Application (Non-refundable)- plus $46.00 Recording Fee$200.00
          Zoning Amendment Application (Non-refundable)- plus $46.00 Recording Fee$200.00
          Wetland Appeal Application Fee$500.00

AFTER-THE-FACT LAND USE PERMIT – Five (5) times the permit fee or $10.00/square foot of the structure footprint, whichever is greater.

AFTER-THE-FACT VARIANCE OR CONDITIONAL USE REQUEST – Five times normal fee.

Issuing of permits initiates a review of your septic system. Nonconforming systems are required to be upgraded.

IMPORTANT NOTICE: IT IS THE PROPERTY OWNERS RESPONSIBILITY TO OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WORK BEING DONE.

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

The meeting was called to recess at 12:50 p.m. and reconvened at 1:00 p.m. as follows:

HOFFMAN, DALE AND SWENSON, PLLC

Colleen Hoffman, Manager of Hoffman, Dale & Swenson, PPLC met with the board and reviewed the 2013 Year End Audit.  Colleen commented that the Public Works Department worked on the close-out and release of state funding for the 2002 flood disaster project in the amount of $609,876.00.   The Road and Bridge Special Fund balance increased and is primarily the result of the close-out.  Chair Beckel thanked all the were involved in the preparation of preparing the year end audit.

CORRESPONDENCE:

  • Mr. Strandberg Letter- Chair Beckel will contact him
  • MN Counties News Letter

With no further business before the board, Chair Beckel called the meeting to recess at 12:26 p.m.

Attest:                                                                                     Approved: August 5, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

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

Commissioner Proceedings

July 31, 2014

Emergency Meeting

The Lake of the Woods County Board of Commissioners met in emergency session on Thursday, July 31, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda as presented. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

EMERGENCY WATERSHED PROTECTION PLAN

Natural Resources Conservation Service Engineer (NRCS), Dave Jones,  NRCS District Conservationist, Kelly Voigt, Emergency Management Director, Christina Husbands, Land and Water Planning Director, Josh Stromlund met with the board to discuss Emergency Watershed Protection Plan

Kelly and Dave informed the board that the purpose of the Emergency Watershed Protection Program (EWP) was established by Congress to respond to emergencies created by natural disasters.   The EWP Program is designed to help people and conserve natural resources by relieving imminent hazards to life and property caused by floods, fires, drought, windstorms, and other natural occurrences. Public and private landowners are eligible for assistance, but must be represented by a project sponsor that must be a legal subdivision of the State, such as a city, county, township or conservation district, and Native American Tribes or Tribal governments. NRCS may pay up to 75 percent of the construction cost of emergency measures. The remaining 25 percent must come from local sources and can be in the form of cash or in-kind services

Dave Jones explained that once the application is approved and the money received then the work can start and only have twenty (20) days to complete all projects.

Kelly informed the board that they have already received sixty-three-(63) individual damage reports due to the flooding.

Emergency Management Director, Christina Husbands requested that the County Board of Commissioners send a letter to the USDA requesting assistance under the Emergency Watershed Protection Program and pass a resolution declaring Lake of the Woods in a State of Emergency

Motion

Motion was made by Commissioner Hanson to authorize Chair Beckel to sign the letter to USDA requesting assistance under the Watershed Protection Program. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

RESOLUTION

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

LAKE OF THE WOODS COUNTY DECLARING

A STATE OF EMERGENCY

                                                            Resolution No. 14-06-02

WHEREAS; the flood impacted the population of Lake of the Woods County and its cities; and

WHEREAS; the flood event has caused a significant amount of public property damage; and

WHEREAS; the Lake of the Woods County Department of Emergency Management requests the Lake of the Wood County Board of Commissioners to declare Lake of the Woods County in a STATE OF EMERGENCY for the flood event of 2014;

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners declares Lake of the Woods County in a State of Emergency for conditions leading up to and resulting in the flooding that has occurred and continues to impact the county, this resolution will expire thirty (30) days from the adoption of this resolution

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

With no further business before the board, Chair Beckel called the meeting to recess at 9:47 a.m.

Attest:                                                                                     Approved: August 26, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

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

June, 2014

Commissioner Proceedings

June 10, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 10, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions:  Land Sale update, FAR North Transit, Invasive Species, Gazebo-Willy Walleye Park and AMC Legislative update. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda as follows:Ken Moorman to Montana for Prevention Coalition Training on July 7-11. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Hanson to approve the minutes of May 27, 2014 regular meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                           Revenue                              $      21,488.17          

                                                Road & Bridge                     $      30,976.92

                                                Co. Devlep                           $        6,578.00

                                                Solid Waste                          $      29,573.84

                                                EDA                                     $         1,500.00

                                                                                     90,116.93                             

WARRANTS FOR PUBLICATION

Warrants Approved On 6/10/2014 For Payment 6/13/2014

Vendor Name Amount

Cenex Co-Op Services, Inc.                                           5,253.99

Crop Production Services                                            19,966.17

Headwater Regional Development Commiss               3,000.00

Howard’s Oil Company                                                  2,250.61

Liberty Tire Recycling, LLC                                            4,756.80

LOW Highway Dept                                                         4,763.75

Mar-Kit Landfill                                                               11,138.40

R & Q Trucking, Inc                                                         2,777.65

Widseth Smith Nolting&Asst Inc                                   9,128.01

Woody’s Service                                                             4,028.81

69 Payments less than 2000   23,052.74

Final Total:   90,116.93

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

May 28, 2014                  $      4,129.81

May 28, 2014                  $   970,319.03

June 4,   2014                  $     16,807.94

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

Approval of On/Off Sunday, On-Sale and Sunday and Off-Sale Liqour- 3.2 Malt Liquor On/Off Sale- Set-Up and Cigarette Licenses

County Auditor/Treasurer, Mark Hall and Deputy Auditor, Janet Rudd met with the board requesting approval for the 2014 Liquor and Cigarette Licenses.

Motion

Motion was made by Commissioner Hanson to approve the following 2014 On/Off Sale and Sunday Liquor License; On-Sale Sunday Liquor License; Off-Sale Only, Cigarette Licenses and 3.2 on and Off Sale Malt Liquor License as permitted by County Sheriff, Gary Fish and County Attorney, James Austad:

On/Off Sale and Sunday Liquor License:

Adrian’s Resort, DACH -Angle Inn Lodge, Ballard’s Resort, Borderview Lodge, Morris Point Lakeview Lodge, PCE-Riverbend Resort, Rock Harbor Lodge, J&L Hennum-Sportsman’s Lodge, T&N Briggs-Wigwam Resort, Zippel Bay Resort, Sportsman’s Oak Island Lodge; Bugsy’s on Bostic;

On-Sale and Sunday Liquor License:

First Ice Enterprises-Cyrus Resort, Ken-Mar-Ke Resort, Blue Eyed Chief Bar & Grill, Wheelers Point Resort, Bathel Enterprises- Slims Resort and Elkhorn Outfitters-Riverview Resort;

Off-Sale Only:

Log Cabin Liquors Inc;

Cigarette License:

Ballard’s Resort, Bay Store, Borderview Lodge, Cenex, City of Williams, City of Baudette, First Ice Enterprises-Cyrus Resort, Border Bait, Holiday Station, Howard’s, Jeanette Mcatee, Lake of the Woods Foods, Log Cabin Bait, Log Cabin Liquors, Long Point Resort, Morris Point Lakeview Lodge, Rock Harbor Lodge, Slims Resort, Sportsman’s Lodge, Sportsman’s of Oak Island Lodge, Sunset Lodge, Andy’s Garages, Wheeler’s Point, Zippel Bay Resort;

 3.2 On-Sale Malt Liquor:

Long Point Resort, Ships Wheel and Oak Island Resort;

3.2 Off-Sale Malt Liquor:

Angle Outpost, Bay Store, Cyrus Resort, Border Bait, Blue Eyed Chief Bar & Grill, Long Point Resort, Flag Island. Oak Island Resort, Rock Harbor Lodge, Log Cabin Bait,

 Set-Up License:

Ships Wheel Resort.

The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried with Commissioner Arnesen abstaining from voting.

SCHRANDT CARTWAY PETITION

County Auditor/Treasurer, Mark Hall met with the board to discuss the Schrandt Cartwy Petition that was filed with the County on October 22, 2013; at the Cartway Hearing the board determined that a survey, appraisal and wetland study be conducted and that the petitioner shall pay to the county $13,500, with the survey at $7,000, Wetland Delineation at $6,000 and Appraisal of Cartway route $500.

Mark informed them that none of the damages have been paid and that former County Attorney, Michelle Moren sent a letter dated April 22, 2014 to Attorney Nora Crompton, informing her that at the Cartway Hearing required that her client provide security in the sum of $13,500 and if the security was not paid by June 1, 2014 the county board would dismiss this Cartway on June 10, 2014 board meeting. County Attorney, James Austad concurred that this carwaty can be dismissed.

Motion

Motion was made by Commissioner Moorman to dismiss the Schrandt Cartway and authorize Chair Beckel to sign the back of the petition stating the cartway was dismissed by the Lake of the Woods County Board of Commissioners. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried

Affirmative Action Plan

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for the Affirmative Action Programs for Minorities, Women, and Disabled individuals effective June 1, 2014.

Motion

Motion was made by Commissioner Hanson to approve the Affirmative Action Programs for Minorities, Women and Disabled individuals effective June 1, 2014 and to authorize Chair Beckel to sign. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

2015 Budget Dates

County Auditor/Treasurer Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board to discuss the upcoming budget cycle. They will bring tentative budget dates to the June 24, 2014 meeting.

Land Sale

County Auditor/Treasurer Mark Hall informed the board that he will be adding the Land Sale to the next agenda to set a date, minimum bid and terms of sale.

AMC 2014 LEGISLATIVE SESSION OVERVIEW

Chair Patty Beckel updated the board on the AMC meeting that she attended and reviewed the handout with the board.

Social Services Director

Claims

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

Motion

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

                                                Commissioners’ Warrants          $   14,483.27

                                                Commissioners’ Warrants          $     6,933.21

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

Debt-Write-Off for Count Collections Unit

Social Service Director, Nancy Wendler met with the County Board requesting approval for the Lake of the Woods County Social Services Policy and Procedure Manual for Debt Write-Off for collection’s unit. Nancy informed the board that the purpose is to identify debt that may be eliminated and written off the collections books when there is no realistic prospect for future recovery. Debt may include parental fees, fees related to court actions, service fees, out of home reimbursement fees, detox fee, Social Security reimbursement, CD evaluations and other miscellaneous fees.

Motion

Motion was made by Commissioner Hanson to approve the Lake of the Woods County Social Services Policy and Procedure Manual and Debt Write-Off for County collections and to authorize Chair Beckel

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

RECESS

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

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board to update them on the Clean Water Act letter that Rinke-Noonan Law Firm is writing on behalf of several counties and that the draft letter will be sent for their review; informed the board that the Septic System Ordinance has met the State Requirements and has been approved; Wetland appeal has been filed with BWSR and they have a 60 day time- line to review the appeal. Josh informed the board that additional funds are needed for the Wetland mitigation.

Motion

Motion was made by Commissioner Hanson to allocate up to $10,000 from the Natural Resources- Environmental fund for Wetland mitigation. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

AQUATIC INVASIVE SPECIES

Chair Beckel and Land and Water Planning Director, Josh Stromlund discussed a new bill that will provide additional monies to be used exclusively by counties to “prevent the introduction of or limit the spread of invasive species at all access sites within the county. Under the bill, counties must establish, by resolution or through adoption of a plan, guidelines for the use of the proceeds. The board reviewed the estimate of funds, which consist with Lake of the Woods County having six (6) trailer launches with proposed 2015 additional County Program Aid (CPA) in the amount of $40,235. The board questioned the calculation of the funding and will discuss this with Representative Erickson and Senator Skoe at the Northwest Angle meeting.

HUMAN RESOURCES

County Attorney, James Austad and Human Resource Assistant, Dena Pieper met with the board to discuss the vacant Human Resources office. The board discussed contracted Human Resources vs Employee Human Resources. The board requested that Human Resource Assistant, Dena Pieper set up a meeting with the Personal Committee to recommend the grade for this position.  Dena updated the board on the Human Resource Seminar she attended.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval to enter into a Joint Powers Agreement, with the Northwest Minnesota Regional Emergency Communications Board.

Motion

Motion was made by Commissioner Hanson to authorize Chair Beckel, County Attorney, James Austad and Auditor/Treasurer, Mark Hall to sign the Joint Powers Agreement with the Northwest Minnesota Regional Emergency Communications Board. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

WILLY WALLEYE PARK GAZEBO

Chair Beckel discussed the $25,000 contribution that the County Board designated to the Willy Walleye Park for the construction of a Gazebo. Chair Beckel informed the board that she did attend the City of Baudette’s Council meeting on June 9, 2014. The City made comment that this was not the Citie’s project. Chair Beckel felt that this funding should be put on hold for further clarification of who the possessor of this project is.

Motion

Motion was made by Commissioner Beckel to hold the $25,000 in a designated account for the Gazebo project for the Willy Walleye Park until further clarification from the City of Baudette and until final plans are approved. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

CLOSED SESSIONS

The following resolution was offered by Commissioner Hanson to close the regular meeting at 11:05 a.m. and opened the closed sessions as follows:

RESOLUTION CLOSING BOARD MEETING

2014-05-01

            WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege;” and

            WHEREAS, in ANIP Acquisition Company vs. County of Lake of the Woods, Case No. 39-CV-12-86 and 39-CV-13-116, the plaintiff has filed an action in Minnesota Tax court, contesting the valuations of real property owned in Lake of the Woods County; and

WHEREAS, the Lake of the Woods County Attorney has informed the Lake of the Woods County Board that there have been developments in the settlement negotiations; and

            WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss pending and future litigation; and

            WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

            WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the litigation and potential settlement in order to maintain the attorney-client privilege.

            BE IT RESOLVED by the Lake of the Woods County Board as follows:

  1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b);
  2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Tax Court action, past and future litigation involving Land and Water Planning, and any settlement proposals which may be made by or responded to by the Lake of the Woods County Board.

The following were present at the closed session: Commissioners’ Beckel, Nordlof, Hanson, Moorman and Arnesen, County Attorney, James Austad and County Assessor, Mary Jo Otten.

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

Motion

Motion was made by Commissioner Hanson to close the closed session and open the regular meeting at 11:24 a.m. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Correspondence:

The board reviewed the letter from the DNR in regards to making changes to the following rules without a public hearing: Trout regulations, other game fish regulations, border waters and others. The board will discuss these issues at the NWA meeting with Representative Erickson and Senator Skoe.

Recess

With no further business before the board, Chair Beckel called the meeting to recess at 11:33 a.m.

Attest:                                                                                     Approved: June 24, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

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

Commissioner Proceedings

June 17, 2014

The Lake of the Woods County Board of Commissioners met in session on Tuesday, June 17, 2014 at Angle Outpost Resort at the Northwest Angle.

Call to Order

Chairman Beckel called the meeting to order at 10:04 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Ed Arnesen, Thomas Hanson, Buck Nordlof and Ken Moorman.  Also present were: County Auditor/Treasurer Mark Hall, Deputy Auditor Janet Rudd, Public Works Director, Tim Erickson, County Assessor, Mary Jo Otten, Assistant Assessor, Dale Boretski, County Attorney, James Austad and HRDC Specialist, Marcus Grubbs.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: Crowning of gravel roads. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Consent Agenda

Motion was made by Commissioner Arnesen to approve the consent agenda as follows: Christine Hultman to Grand Rapids on June 23-25 for AMSSA Conference; Stacy Novak to St. Paul on July 9-10 for Tax Advisory Committee Meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SENATOR SKOE AND REPRESENTATIVE ERICKSON

Chair Beckel welcomed Senator Skoe and Representative Erickson to the meeting and opened the floor for questions. The following topics were discussed:

  • Water Issues
  • Public Roads
  • Aquatic Invasive Species Funding
  • Transportation Funding
  • All Day Kindergarten
  • Early Childhood Scholarships
  • DNR Rule Changes
  • 4-day School Week
  • Internet Speed
  • Minnows

headwater regional development

Headwaters Regional Development Specialist, Marcus Grubbs, met with the residents and reviewed the NWA Community Wild Fire Protection Plan.

NW ANGLE CO. ROAD 49

Public Works Director, Tim Erickson met with the board to inform them that they have an agreement with a gravel company to haul gravel to the NWA for the preparation to gravel County Road 49 this summer.

NW ANGLE AIRPORT Update

Chair Beckel informed the NWA residents that the next step in the feasibility study was  to get permission from the State of MN(  which the county has been granted)  to let the county do boring testing on the possible site. She explained that the board is not against and not for the airport, but these steps need to be taken to see if it is even possible to build an Airport.

Recess

With no further business before the Board, Chair Beckel called the meeting to recess at 11:50 a.m.

Attest:                                                                                     Approved: June 24, 2014

____________________________                                        _______________________________

Janet E. Rudd, Deputy Auditor                                             Patty Beckel, Chair of the Board

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

Lake of the Woods County

Board of Appeal and Equalization

June 18, 2014

The Lake of the Woods County Board of Appeal and Equalization met on Wednesday, June 18, 2014, in the Commissioners’ Room of the Lake of the Woods County Government Center. 

Call to Order

County Board Chair Patty Beckel called the meeting to order at 6:00 p.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners: Patty Beckel, Tom Hanson, Ken Moorman, Buck Nordlof, Ed Arnesen, and County Auditor-Treasurer Mark Hall.  Also present were: County Assessor Mary Jo Otten, County Recorder Sue Ney, Deputy Auditor-Treasurer Stacy Novak, Gloriann Fischer, Lorene Hanson, Rita Krause, and Gary Bailey. County Recorder Sue Ney swore in the members of the Lake of the Woods County Board of Appeal and Equalization.

County Board Chair Patty Beckel welcomed those in attendance, explained the purpose of the Board of Appeal and Equalization, and explained that all appeals would be heard before any action would be taken.

County Assessor

County Assessor Mary Jo Otten summarized the past year, noting the townships of Lakewood, Zippel, and Chilgren had been re-assessed.  She discussed and explained the Sales Comparison Approach used in assessment and how it affected classifications of property. The most notable change was in Agricultural lands resulting in a 30% increase across the boards. The new range of tillable land values is $675 – $1125 per acre.

Mary Jo further explained that State Board of Equalization has met and, as to date, she has not been given a State order to make any changes. This year’s re-assessment plans include the townships of Wabanica, Baudette, Gudrid, and possibly the NW Angle if time permits.

The following report was handed out and reviewed:

  • 2013/2014 Comparisons / New Construction — by Townships

Property Owners

Meeting with the County Board was Gary Bailey, property owner in Prosper, Potamo, Rulien Townships and the Forest Area. Gary voiced concerns regarding his property values and felt they are high compared to surrounding properties. Gary and County Assessor Mary Jo Otten have already started reviewing his properties in question and will continue to schedule time for re-assessment of lands and buildings still in question. Gary also presented information concerning pool levies in Counties with an international boundary. 

Meeting with the County Board was Rita Krause, property owner in Baudette, Wabanica, and Walhalla Townships. Rita voiced concerns of the increasing agricultural values. County Assessor Mary Jo Otten reviewed the Sales Comparison Approach in further detail; explained parameters involved and sales around the area affected the property values of those areas. The validity of Green Acres was also discussed.

County Assessor Mary Jo Otten presented a listing of corrective changes made after the Spring Mini Abstract that she would recommend Board approval on. The list included:          

Gary Hendrickson, NW Angle, Corrected FF Values

Valerie Jean Gravseth and Betty Marie Albrecht, NW Angle – Reassessed and Corrected schedules

NW Angle Resort & Restaurant Inc, NW Angle – Reassessed and Corrected schedules

Kevin Luksik, NW Angle – Reassessed and Corrected schedules

Daniel Schmidt, NW Angle – Reassessed and Corrected schedules

Keith Oswald, NW Angle – Reassessed and Corrected schedules

T&T Hilltop LLC, NW Angle – Reassessed and Corrected schedules

Ronald Bachleitner, NW Angle – Reassessed and Corrected schedules

Theresa Dale-Pfister, NW Angle – Reassessed and Corrected schedules

Michael Randall, NW Angle – Reassessed and Corrected schedules

Lindus Properties, NW Angle – Reassessed and Corrected schedules

WBL Flag Island LLC, NW Angle – Reassessed and Corrected schedules

S.C.O.P.E. Inc, NW Angle – Reassessed and Corrected schedules

Harvey Vogel Mfg, NW Angle – Reassessed and Corrected schedules

Brush Island Properties, NW Angle – Outlot, drainage, under water

Louis Taylor, Wheeler Twp – Lowland under water, corrected story height, land values

Ross Dally, Spooner Twp – Corrected values

Gerald Pirkl, City of Baudette – Corrected values

Joseph Humble, City of Baudette – Corrected values

Actions

After hearing all the appeals, questions and comments, the following action was taken:

Gary Bailey, property owner in Prosper, Potamo, Rulien Townships and the Forest Area, multiple parcels; the County Board of Appeal and Equalization noted these properties were already being addressed by County Assessor Mary Jo Otten and asked if they would need to have changes approved by the Board within the 10 day guide line. County Assessor Mary Jo Otten felt her remaining reviews would be considered “clerical errors” and would not need further approval at this time. No action was taken. 

Presented listing of changes made after the Spring Mini Abstract approval by County Assessor Mary Jo Otten; the County Board of Appeal and Equalization agreed with the recommendations as presented. (List attached as addendum)  Motion was made by Commissioner Ed Arnesen to approve the listing of changes as recommended. The motion was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.

Gloriann Fischer, property owner in Spooner Township, present for general inquiry. No appeal. No action taken.

Rita Krause, property owner in Baudette, Wabanica, and Walhalla Townships, present for general inquiry. No appeal. No action taken.

Adjourn

Motion was made by Commissioner Tom Hanson to adjourn the County Board of Appeal and Equalization meeting for 2014.  The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.  County Board Chair Patty Beckel adjourned the Lake of the Woods County Board of Appeal and Equalization meeting for 2014, at 7:04 p.m.

Attest:                                                                         Approved: _______________________

________________________________                    ________________________________

Stacy Novak, Deputy Auditor-Treasurer                    Patty Beckel, County Board Chair

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

Commissioner Proceedings

Emergency Board Meeting

Flooding Issues

June 19, 2014

The Lake of the Woods County Board of Commissioners met in an Emergency Session on Thursday, June 19, 2014, pursuant to MN Statute 13D.04, subdivision 3 in the Court Room at the Lake of the Woods County Government Center.

Call to Order

Chair Beckel called the meeting to order at 1:09 p.m. with the following members present:  Commissioners Ed Arnesen, Buck Nordlof, Patty Beckel, Thomas Hanson and Ken Moorman.  Also present were: County Auditor/Treasure Mark Hall and Deputy Auditor, Janet Rudd.

Flooding Issues

Barb O’Hara, Emergency Management Director from Kittson County, Jennifer Olson, Beltrami Region Planner, Beltrami Emergency Management Director, Christopher Muller and retired NW Region Emergency Management Director, Mary Hildebrandt met with the board to discuss the process of declaring a State of Emergency, which includes a resolution from the county board declaring an emergency. The emergency management team also reviewed the incident status summary reporting requirements, damage assessment calculation worksheets and proper sandbagging techniques and other topics.

LAND AND WATER PLANNING DIRECTOR

Land and Water Planning Director, Josh Stromlund met with the board to present a slide show of recent aerial pictures and current conditions of Pine and Sable Islands, water banks and other area flooding issues.

RESOLUTION

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

LAKE OF THE WOODS COUNTY DECLARING

A STATE OF EMERGENCY

                                                            Resolution No. 14-06-02

WHEREAS; the flood impacted the population of Lake of the Woods County and its cities; and

WHEREAS; the flood event has caused a significant amount of public property damage; and

WHEREAS; the Lake of the Woods County Department of Emergency Management requests the Lake of the Wood County Board of Commissioners to declare Lake of the Woods County in a STATE OF EMERGENCY for the flood event of 2014;

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners declares Lake of the Woods County in a State of Emergency for conditions leading up to and resulting in the flooding that has occurred and continues to impact the county, this resolution will expire thirty (30) days from the adoption of this resolution

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

SHERIFF

County Sheriff, Gary Fish met with the board and presented a letter from the MN Department of Natural Resources informing them due to historically high rainfall amounts across MN, the Commissioner of Natural Resources has approved that local units of government may enact a 30 (thirty)  – day temporary emergency water surface use slow wake restrictions.

Resolution

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

30 Day Temporary Emergency Water Surface Slow Wake Restriction

LAKE OF THE WOODS COUNTY DECLARING

A STATE OF EMERGENCY

                                                            Resolution No. 14-06-03

WHEREAS; the bodies of water have reached a level where damages to property is expected;

WHEREAS; the elevation that triggers the slow no-wake restriction shall be the ordinary high water level established by the Minnesota Department of Natural Resources or a lake elevation or river stage where damage to property is expected;

WHEREAS; the slow no-wake restriction shall be lifted once the water body has been 0.1 feet below the elevation that triggers the slow no-wake for three days. The slow no-wake restriction shall be lifted a maximum of 30 days from the first day it is enacted, unless the Minnesota Department of Natural Resources approves an extension;

WHEREAS; Lake of the Woods County Board of Commissioners has set a slow no-wake area at 150 feet from the shore;

WHEREAS, Lake of the Woods County will notify the Commissioner  via the DNR Boat and Water Safety Unit as soon as practicable from enactment;

WHEREAS, Lake of the Woods County will notify the public via their website, posted notices at public water access sites, press release and other means they have available;

WHEREAS, Lake of the Woods County Board of Commissioners has designated Lake of the Woods County Sheriff Department to enforce this temporary restriction and note that other licensed peace officers may also enforce the restriction.

NOW THEREFORE, BE IT RESOLVED; that Lake of the Woods County has adopted a 30- day temporary emergency water surface use slow wake restriction on all bodies of water located within the county.

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

Recess

There being no further business before the County Board, Chair Beckel called the meeting to recess at 2:28 a.m.

Attest:                                                                          Approved:  June 24, 2014

______________________________                        ___________________________________

Janet E. Rudd, Deputy Auditor                                 Patty Beckel, County Board Chair

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

Commissioner Proceedings

June 24, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 24, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions:  DNR Rule Making, Rinke Noonan letter, Wetland Work Session, and MN Department Commerce, SWCD Letter, Budget Dates, Permanent Water Surfaces and June 19, 2014 Emergency Meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda as follows: James Austad to St. Cloud on June 25-26 for “Managing the Human Resource Seminar”; Amy Ballard and Dessa Bergan to TRF on 8-11 to 8-12 for a Supervisor/Mentor Orientation for MnCHOICES. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Minutes

June 10, 2014 Minutes

Motion was made by Commissioner Hanson to approve the minutes of June 10, 2014 regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

June 17, 2014 NWA Minutes

Motion was made by Commissioner Moorman to approve the minutes of June 17, 2014 NWA meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

June 18, 2014 Board of Appeal and Equalization Minutes

Motion was made by Commissioner Nordlof to approve the minutes of June 18, 2014 Board of Appeal and Equalization meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

June 19, 2014 Emergency Meeting-Flooding Issues Minutes

Motion was made by Commissioner Hanson to approve the minutes of June 19, 2014 Emergency Meeting (Flooding Issues). The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                           Revenue                              $      13,764.84          

                                                Road & Bridge                     $      27,764.21

                                                Natl Resc Enhanc                $        4,776.50

                                                Solid Waste                          $      10,237.84

                                                EDA                                     $         5,117.04

WARRANTS FOR PUBLICATION

Warrants Approved On 6/24/2014 For Payment 6/27/2014

Vendor Name                                                          Amount

Cps Technology Solutions                                           3,500.00

Liberty Tire Recycling, LLC                                           4,614.00

North East Technical Service,Inc                                  4,064.25

Northwest Community Action, Inc                                4,073.00

Rinke-Noonan                                                                4,776.50

SeaChange Printing&MarketingServices LLC             4,487.42

Strata Corp, Inc                                                               2,074.58

Titan Machinery – Roseau                                            19,500.00

40 Payments less than 2000   14,570.68

Final Total:   61,660.43

                                                                           61,660.43                             

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

June 11, 2014                  $    80,143.74

June11,  2014                  $   547,738.42

June 11, 2014                  $         (265.94)

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

NW Community Action

County Auditor/Treasurer, Mark Hall met with the board requesting approval for the renewal of the Lease for the Government Center North Building with NW Community Action.

Motion

Motion was made by Commissioner Arnesen to enter into a lease agreement between Lake of the Woods County (Lessor), and Northwest Community Action, Inc. (Lessee), effective August 1, 2014 thru July 31, 2017. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

County Absentee/Mail Ballot Board and Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA Board)

County Auditor/Treasurer, Mark Hall and Deputy Auditor, Darren Olson met with the board requesting approval for the County Absentee/Mail Ballot Board and UOCAVA Board.

Resolution

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

Resolution

Authorizing A County Absentee / Mail Ballot Board

Resolution 14-06-03

WHEREAS, Lake of the Woods County is permitted by Minnesota Statute 203B.121 and 203B.23  to authorize a County Absentee / Mail Ballot Board; and

WHEREAS, this authorization will bring uniformity in the processing of accepting or rejecting returned absentee / mail ballots to the Lake of the Woods County Auditor, that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22, 204B.45 and 204B.46; and

WHEREAS, this will eliminate the need for election judges to perform this technical and time consuming task on election day wherein the County Absentee /Mail Ballot Board can begin this process 45 days prior to an election; and

WHEREAS, this will speed the processing of accepted absentee / mail ballots delivered to the precincts to be incorporated into the vote counts on election day; giving election judges more available time for the voters at the polls; and

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes the Lake of the Woods County Auditor/Treasurer to implement a County Absentee / Mail Ballot Board that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22, 204B.45 and 204B.46 to perform the task.

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

Resolution

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

Resolution

Authorizing A County UOCAVA Ballot Board

Resolution 14-06-04

WHEREAS, Lake of the Woods County is permitted by Minnesota Statute 203B.121 and 203B.23 to authorize a County UOCAVA Ballot Board; and

WHEREAS, this authorization will bring uniformity in the processing of accepting or rejecting returned UOCAVA ballots to the Lake of the Woods County Auditor/ Treasurer, that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22, 204B.45 and 204B.46; and

WHEREAS, this will eliminate the need for election judges to perform this technical and time consuming task on election day wherein the County UOCAVA Ballot Board can begin this process 45 days prior to an election; and

WHEREAS, this will speed the processing of accepted UOCAVA ballots delivered to the precincts to be incorporated into the vote counts on election day; giving election judges more available time for the voters at the polls; and

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes the Lake of the Woods County Auditor/ Treasurer to implement a County UOCAVA Ballot Board that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22, 204B.45 and 204B.46 to perform the task.

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

Auditor/Treasurer Staff

The County Board disused the Auditor/Treasurer staff that have filed for the open seat of the office. County Auditor/Treasurer, Mark Hall and Deputy Auditor, Darren Olson informed the board that all requirements are met according to MN Statutes and that all candidates are staff, and staff have their jobs to preform within the office. Every four years there is one in the office that is a candidate that is running for the Auditor/Treasurer. Darren also informed the board that election judges are coming in to perform some of the election duties.

Budget Dates

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board to discuss budget date. The board requested that they have all budget information by July 25 and will review on August 5, 2014 board meeting and meet on August 19 with the Sheriff, Public Works and Social Service department. They will review the EDA budget on July 15, 2014.

Social Services

Claims

Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims for Social Service in the absence of Director, Nancy Wendler. 

Motion

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

                                                Commissioners’ Warrants          $   10,543.82

                                                Commissioners’ Warrants          $    28,405.52

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

Correspondence

Chair Beckel reviewed the notification of the MN Department of Natural Resources of notice of intent to adopt rules without a Public Hearing to consider changes with trout regulations, other game fish regulation, border water changes to be consistent with other MN inland regulations, or make consistent with the bordering state’s regulation for Iowa, North Dakota, South Dakota, Wisconsin, and Canada; and other changes. The DNR would have to hold a hearing if 25 or more person request a hearing. The county board will contact their constituents to reach the 25 or more requests.

RECESS

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

PUBLIC WORKS

Public Works Director, Tim Erickson, Land and Water Planning Director, Josh Stromlund and Deputy Auditor/Treasurer, Stacy Novak met with the board to discuss a Ditch Fund Establishment, currently what Ditch 2 has established.  The board inquired about State payment on Ditch 1; Stacy informed the board that they pay at ratio portion. The board inquired if the funding could be used for Beaver issues in that area and what the county can levy for; Tim informed them that they could use this funding in the Benefited area and can levy up to five (5) percent.

The board concurred that a meeting with the beneficiary would be in order and set a Public Hearing for August 4, 2014 a 7:00 p.m. for Ditch 1 assessment.

The board discussed the following with Public Works Director, Tim Erickson:

  • Mowing at the IDC- working on
  • Blue Blades (address signs) – working on the Emergency Management Director, Nina Husbands
  • Road Inventory- getting closer
  • Clementson Project backhoe- backhoe was in Roosevelt at the time of request being used for county project.

SWCD

Chair Beckel discussed a letter from Chair Sonstegard, from the Lake of the Woods Soil and Water Conservation requesting that the County Board recommence the County Drainage Committee due to recent changes on the landscape have led to an increase in pubic drainage infrastructure concerns. The SWCD feels that the County Drainage Committee is the best avenue to resolve these concerns. John addressed that the SWCD and the County, have successfully obtained past grants to assist with the facilitation of the committee and data gathering to further the assessment of resource and public drainage infrastructures needs. The board requested that Land and Water Planning Director, Josh Stromlund and Public Works Director, Tim Erickson to organize a date for the Drainage Committee to meet.

WETLAND AND SOLID WASTE COMMITTEE MEETINGS

Chair Beckel informed that board that there is a Wetland Work Session on July 13-15, in Two Harbors, Commissioners Arnesen and Moorman will attend; and Solid Waste Committee will be meeting on June 27 at 7:30 a.m.

SHERIFF

County Sheriff, Gary Fish met with the board to inform them on the following:

  • Applied for a School Resource Officer grant that would fund a deputy to work at the school for three (3) years which would consists of 75%  of the time at the school and the other 25% as part-time deputy, but the fourth year the county would have to pay for a Deputy and hire for one year.;
  • County Coroner, Dr. Dayer is leaving at the end of July, Gary informed the board that he is looking into a service contract with UND;
  • Permanent Water Surface( no wake) – Gary and Josh are working on application for a Permanent approval

Part-time Deputy and Purchase of Rifles

County Sheriff, Gary Fish requested approval to hire a part-time Deputy Sherif to replace a deputy that has resigned and requested to purchase two (2) Colt .233 rifles for the swat team.

Motion

Motion was made by Commissioner Hanson to purchase two (2) Colt .233 rifles for the swat team from the Sheriff’s funds. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the hiring for a Part-time Deputy Sheriff off the hiring list at Grade 12 Step A, $19.06 per hour effective June 24, 2014. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

HUMAN RESOURCES

Human Resource Assistant, Dena Pieper and County Attorney, James Austad met with the board to inform them that they are working on the employment listing and re-advertising once the Personal Committee meets to set the grade.

LAND SALE

County Auditor/Treasurer, Mark Hall and Deputy Auditor/Treasurer, Stacy Novak met with the board requesting approval for a County Land Sale. The following items were discussed: land sale minimum bids, notice of public sale of tax forfeited lands, terms of sale and resolution of support of tax forfeited land sale.

Motion

Motion was made by Commissioner Hanson to approve the list of tax forfeited lands and minimum bids as reviewed. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Resolution

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

 TAX FORFEITED LAND SALE

RESOLUTION NO. 14-06-05

BE IT RESOLVED,  that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, that is on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at  1:00 p.m. on August 22, 2014, by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

The question was on the adoption of the resolution, and there were 5 yeas and 0 nays as follows:

County of Lake of the Woods

Board of County Commissioners                   YEA                NAY              ABSENT

Thomas Hanson                                              x

Patricia Beckel                                                x                                                                     

James Nordlof                                                 x

Kenneth Moorman                                          x                                             

Edward Arnesen                                             x         

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

Resolution

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

 NOTICE OF PUBLIC SALE OF TAX-FORFEITED LANDS

RESOLUTION NO. 14-06-06

NOTICE IS HEREBY GIVEN that the parcels of land described in the List of Tax-Forfeited Land that is contained herein shall be sold to the highest bidder at public sale. The sale will be governed by the provisions of MS 282.01 and by the resolution of the Lake of the Woods County Board of Commissioners authorizing the sale. The resolution reads as follows:

BE IT RESOLVED,  that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at 1:00 p.m. on August 22, 2014, by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

BE IT FURTHER RESOLVED that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Lake of the Woods County Board of Commissioners.

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

CORRESPONDENCE:

  • MN Department of Commerce- July 16 at Lake of the Woods School at 1:00 p.m.
  • Advisory Task Force- August 12, 13 & 14
  • Rinke Noonan Letter
  • EDA Meeting on June 27, 2014
  • Wetland Work Session
  • SWCD Drainage Committee

With no further business before the board, Chair Beckel called the meeting to recess at 12:14 p.m.

Attest:                                                                                     Approved: July 8, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board

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

May, 2014

Commissioner Proceedings

May 13, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 13, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Dr. Recruitments/Retention contract, Committee of the Whole Date and travel for Janet Rudd and Dena Pieper on June 12 and 13 for Government Personnel Data.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Hanson to approve the consent agenda as follows: travel for Mary Jo Otten June 10-11 to St. Paul for State Board of Equalization Meeting, and August 25-29 to Bemidji for PACE Course; Jodie Ferrier on May 28-29 for DHS Licensing Training; Stacy Novak June 3-5   to Alexandria for MCCC Conference; Tim Erickson to attend the District II and District IV Spring Screening Board meeting on May 14 & 15, to Park Rapids and Janet Rudd and Dena Piper June 12-13 to St. Paul for Government Personnel Data.  The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof to approve the minutes of April 22, 2014 regular meeting with changes. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                           Revenue                              $      49,975.87          

                                                Road & Bridge                     $      89,116.84

                                                County Development           $        2,700.00

                                                Natl Resc Enhanc                $           600.00  

                                                Solid Waste                         $       28,688.65

                                                EDA                                    $         5,473.01  

                                                                                 172,554.37                              

WARRANTS FOR PUBLICATION

Warrants Approved On 5/13/2014 For Payment 5/16/2014

Vendor Name Amount

Andy’s Garage, Inc.                                                    2,273.85

Baudette LOW Chamber Of Commerce                      6,400.00

Cenex Co-Op Services, Inc.                                       7,221.67

CenTec Cast Metal Products                                      2,511.00

Farmers Union Oil Co.                                               4,956.55

Glassing/Charles R                                                     6,000.00

Howard’s Oil Company                                               2,287.81

Little Falls Machine, Inc                                               2,053.08

LOW Highway Dept                                                    3,391.25

Mar-Kit Landfill                                                             9,379.35

Moren/Law Offices Of Patrick D                                 6,183.20

Nelson Auto Center                                                    22,361.94

Neopost Great Plains                                                  2,633.00

Northwest Community Action, Inc                              2,466.50

Olson/George                                                              2,070.00

Plutko Plumbing/Brian                                                 7,108.00

R & Q Trucking, Inc                                                     2,057.55

Simplex                                                                         4,581.30

Woody’s Service                                                          4,882.36

Ziegler, Inc                                                                  37,857.10

87 Payments less than 2000  33,878.86

Final Total:  172,554.37

April 29, 2014                 $    29,061.23

May 5,    2014                 $  167,404.63

May 8,    2014                 $         888.93

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

Snowmobile Trails

County Auditor/Treasurer, Mark Hall met with the board requesting approval for snowmobile trail assistance for maintenance and grooming. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Arnesen to approve the applications for the snowmobile trail assistant’s for maintenance and grooming for 2014-2015 for Border Trails TJ Grooming, Lake of the Woods Drifter and NWA Edge Riders club and authorize Commissioner Hanson to sign.

Wheelers Point Sewer District

Chair Beckel presented a resolution for appointment to the Wheelers Point Sewer District to replace member Gary Moeller who moved out of the Wheelers Point Sewer District.

WHEELERS POINT SANITARY DISTRICT APPOINTMENT

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

RESOLUTION FOR ELECTION OF WHEELERS POINT

SANITARY DISTRICT BOARD MEMBERS

RESOLUTION

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;

WHEREAS, Gary Moeller has moved from the Wheelers Point Sanitary District and has resigned as a board of Director, effective March 15, 2014;

NOW, THEREFORE, BE IT RESOLVED THAT, Lake of the Woods County Board of Commissioners appoints Michael Mayer for the remainder of Gary Moeller’s term expiring January 4, 2016.

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

Social Services Director

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

Motion

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

                                                Commissioners’ Warrants          $   15,614.79

                                                Commissioners’ Warrants          $   13,854.56

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

Medical Contract

Social Service Director, Nancy Wendler met with the board requesting approval of a contract with Medica for transportation services for special needs basic care clients.

Motion

Motion was made by Commissioner Hanson to approve the contract between Medica and Lake of the Woods County Social Services effective 05/01/14 for the provision of transportation services to SNBC (Special Needs Basic Care) clients, and to authorize Nancy Wendler, Social Services Director, to sign same. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried

Fraud Prevention Investigation Plan

Social Service Director, Nancy Wendler met with the board requesting approval to approve the Fraud Prevention Investigation Plan that is required under MN Statutes to meet various requirements.

Motion

Motion was made by Commissioner Moorman to approve the Fraud Prevention Investigation Plan effective July 1, 2014 through June 30, 2015 and to authorize Chair Beckel 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.

Committee of the whole meeting date

Department Heads Chair, Mary Jo Otten met with the board requesting that the board set a date for the Department Heads to meet with all of them to discuss various concerns.

Motion

Motion was made by Commissioner Moorman to set June 10, 2014, after regular Board meeting for a Committee of the Whole meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Land and Water Planning

Land and Water Planning Director, Josh Stromlund met with the board to discuss a Letter that Rinke-Noonan Law firm is writing on behalf of several counties  in regards to the proposed rule the  EPA and Army Corps of  Engineers Released  of New Rules to Protect Waterways. Josh informed the board that the cost associated with this letter is $500, and if the board was interesting in partnering with this effort.

Motion

Motion was made by Commissioner Arnesen to approve the $500 fee to Rinke-Noonan Law firm for the drafting of the letter in regards to the protection of waterways. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Wetland Issues

Land and Water Planning Director, Josh Stromlund met with the board and informed the board that the Williams Creek wetland issues are now on the second level of appeal.

SHERIFF

County Sheriff, Gary Fish met with the board requesting on call time for Deputy Sheriffs.

Motion

Motion was made by Commissioner Arnesen to authorize payment of $20.00 per pay period for all full time Deputy Sheriff’s for on call time, effective May 25, 2014. 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 10:16 a.m. and reconvened at 10:23 a.m. as follows:

ATTORNEY

Cell Phone Stipend

County Attorney, James Austad met with the board requesting a cell phone stipend.

Motion

Motion was made by Commissioner Hanson to authorize a cell phone stipend for a smart phone in the amount of $60.00 per month for County Attorney, James Austad. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Dr. Recruitment/Retention

Chair Beckel discussed the Dr. Recruitment/Retention contract that the county has supported for LakeWood Health Center for the recruitment and retention for Physicians and Nurse Practitioners, in the amounts of 10,000.00 per year for a Physician and $5,000 for Nurse Practitioners with a four year retention payments. The consensus of the board was that they agreed to the recruitment/retention schedule and that they would budget up to 45,000 per year for this program.  County Attorney, James Austad will work out the details of the new contract and will place this on the agenda when it is complete for their approval.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board to discuss the Keep it Clean Program. Tim informed the board that there have been no dumpsters at the Wheelers Point lake access throughout the summer months and that people have been dropping off their garbage, fish cuts etc. on off road sites nearby. Tim informed the board that the cost for the summer season would be 2,000.

Motion

Motion was made by Commissioner Arnesen to appropriate $2,000 from the unallocated account for the Keep it Clean dumpster for the Wheelers Point access. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

PLASMA CUTTER

Public Works Director, Tim Erickson met with the board requesting approval to purchase a Plasma Cutter, which was budgeted for 2014.

Motion

Motion was made by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to purchase the Plasma Cutter in the amount of $2,569. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

TOWARD ZERO DEATH

Public Works Director, Tim Erickson and Emergency Management Director, Nina Husbands met with the board to discuss a grant that is available to help with the “Toward Zero Death” program. The grant could receive up to $25,000 and if awarded would start October 1, 2014.

Resolution

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

Toward Zero Death Grant Agreement

2014-05-01

Be It Resolved; that Lake of the Woods County enter into a grant agreement with the

Minnesota Department of Public Safety, for traffic safety projects during the period from

October 1, 2014 through September 30, 2015.  The Lake of the Woods County Board Chair is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Lake of the Woods County and to be the fiscal agent and administer the grant.

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

BAUDETTE BAY PROJECT

Joel Hanson and Mike Larson, committee members of the Baudette Bay Project meet with the board to share the plans for the Willie Walleye Park enhancement which would include in Phase I a gazebo, outside fire ring, swimming raft and a sun play slide. Phase II would include two 100 foot long floating docks with a 60 foot tee on their ends by Willie Walleye Park and to install a forty foot long floating  dock at Peace Park. No action was taken at this time and will look into funding sources.

GREAT NORTHERN TRANSMISISON

Jim Aitkin met with the board to provide an update on the Great Northern Transmission line that will run through part of Lake of the Woods County. Jim informed the board that on October 21, 2013 the Certificate of Need application was deemed to be complete six weeks later by the MN Public Utilities Commission (MPUC); six environmental scoping meetings were held in February of 2014; additional public and evidentiary hearing will occur in the fall of 2014 and a final decision by the MPUC is expected by May of 2015.  He stated that the route permit was filed in April and initial meeting on the scope of the Environmental Impact Statement are expected in July of this year with a final decision by the MPUC on the route permit is expected by fall of 2015 along with the Presidential Permit application. The board requested Jim Aitkin to get a projection on the tax revenue that would be generated to Lake of the Woods County for the next ten (10) years.  

HRDC

Marcus Grubbs, HRDC Development Specialist and Emergency Management Director, Nina Husband meet with the board requesting approval to enter into a contract with HRDC for assistants with a Community Wild Fire Protection Plan for the NWA to assist with the Community Wildfire Protection Plan. 

Motion

Motion was made by Commissioner Arnesen to apply to the DNR for a $10,000 grant to assist with the Community Wildfire Protection Plan and to enter into a contract with HRDC effective May 16, 2014 thru July 31, 2014 to coordinate the planning process; draft a protection plan and assist in documenting grant matches; authorize payment of $4,500 from the unallocated account, and authorize Chair Beckel to sign. The motion was seconded by Commissioner Moorman, and the same being put to a vote, was unanimously carried.

CORRESPONDENCE

The following correspondence was acknowledge: City of Williams Letter

Recess

With no further business before the board, Chair Beckel called the meeting to recess at 12:04 p.m.

Attest:                                                                                     Approved: May 13, 2014

Janet E. Rudd Deputy Auditor                                              Patricia Beckel, Chair of the Board

___________________________                                          ______________________________

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

Commissioner Proceedings

May 27, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 27, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

Vice-Chair Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners, Buck Nordlof, Ken Moorman, Ed Arnesen and Tom Hanson. Commissioner Beckel was absent.  Also present were: County Auditor/Treasurer, Mark Hall and Deputy Auditor, Janet Rudd.

Approval of Agenda

Motion

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

Approval of Consent Agenda

None

Approval of Minutes

Motion

Motion was made by Commissioner Moorman to approve the minutes of May 13, 2014 regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                           Revenue                              $      31,478.64          

                                                Road & Bridge                     $      37,656.09

                                                Solid Waste                         $         2,608.08

                                                EDA                                    $         7,094.79  

                                                                                   78,837.60                              

WARRANTS FOR PUBLICATION

Warrants Approved On 5/27/2014 For Payment 5/30/2014

Vendor Name                                                           Amount

American Solutions For Business                                 2,771.50

Anchor Marketing, Inc                                                    2,659.54

Bemidji Welders Supply Inc                                          2,772.10

MN Dept of Employment & Economic Develop            5,000.00

Nelson Auto Center                                                       22,743.89

NetWork Center Communications                                5,621.50

Northern Light Region                                                    2,484.85

Northwest Community Action, Inc                                2,466.50

Wallwork Truck Center                                                   2,556.39

71 Payments less than 2000   29,761.33

Final Total: 78,837.60

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

May 14, 2014                  $  100,586.11

May 15, 2014                  $      7,909.02

May 15, 2014                  $   632,052.05

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

Baudette Bay Project

County Auditor/Treasurer, Mark Hall met with the board to review the County Development fund balance and the 2014 balance of the budgeted County Development contributions. The board also discussed the possibility of forming a Rainy River Parks Committee.

Motion

Motion was made by Commissioner Hanson to appropriate $25,000 from the reserves to the City of Baudette to help with the cost of the construction of a Gazebo. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to appoint Commissioners Hanson and Nordlof to the Rainy River Parks Committee along with City Council member Joel Hanson, and one more city council member, Mike Larson and one member at large to this committee. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Social Services Director

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

Motion

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

                                                Commissioners’ Warrants          $    5,526.53

                                                Commissioners’ Warrants          $   20,140.28

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

DNR FISHERIES

Phil Talmage from the DNR Fisheries met with the board to review the Lake of the Woods Creel Survey Summary; informed the board that the Pitt Creek is now stocked with trout and that they started on a Sturgeon Study.

LAND AND WATER PLANNING

County Subsurface Sewage Treatment System Ordinance

Land and Water Planning Director, Josh Stromlund met with the board and informed the board that the Planning Commission held a Public Hearing on May 14, 2014 for the Subsurface Sewage Treatment System Ordinance and that the proposed changes are to comply with the State requirements. Lake of the Wood County Planning Commissioner recommends approval for the County Subsurface Sewage Treatment System Ordinance. Josh reviewed the findings and facts with the board.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Lake of the Woods County                                          Date:  May 27, 2014

Location/Legal Description:  All lands of the County except for incorporated areas that administer a SSTS program, by Ordinance, with their incorporated jurisdiction, which is at least as strict as this Ordinance.

Project Proposal:  Lake of the Woods County Subsurface Sewage Treatment System Ordinance

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

Why or why not? The Lake of the Woods County land use planning process has been designated to provide overall long term guidance to the county in its land use decision-making process through the development of land use goals and policies. The following are the applicable goals that this Ordinance will achieve:

  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain and, where, necessary, improve water quality.

The following are the applicable policies that this Ordinance will achieve:

  1. Undertake and/or support activities to protect environmentally sensitive areas with the county.
  2. Continue to effectively enforce existing ordinances; reassess the effectiveness of the county’s regulatory tools on an ongoing basis.
  3. As a first response to new land use management issues, emphasize educational and technical assistance activities over new regulations when possible.
  4. Continue to develop county capability to manage its land use issues through the updating of technology, training of staff, and acquisition of priority land use-related information.
  5. Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities.

The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land, and individual choice when it comes to issues of work and leisure. The following is a summary of the applicable values important to Lake of the Woods County:

  1. Local Influence:  Over policy that affects the lives of county citizens.
  2. Conservation:  Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations.
  3. Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

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

YES (X) NO (  ) N/A (  )

Why or why not? Compliant and properly functioning septic systems are in the best interest of the public and is consistent with maintaining the public health, safety, and welfare.

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

Why or why not? Properly functioning septic systems prevent water pollution including nutrient loading.

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

Why or why not? ______________________________________________________

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

Why or why not? This Ordinance does not allow septic systems to be located in a floodway, and wherever possible, location with any part of a floodplain should be avoided. It also establishes criteria to address septic systems located in the flood fringe area.

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

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

Why or why not? The soil type and direction of slope are taken under consideration in designing a compliant septic system.

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

Why or why not? The Ordinance establishes minimum setbacks from roads.

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

Why or why not? The Ordinance establishes septic system sizing requirements for different land uses.

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

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

Why or why not? The Ordinance establishes minimum setback requirements from a lake or river. Furthermore, it requires a three (3) foot vertical separation distance in the shoreland areas of Lake of the Woods County.

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

Why or why not? The Ordinance establishes design flow criteria for the construction of a septic system.     

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

Why or why not? ______________________________________________________

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

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

Why or why not? The Ordinance requires that soil analysis be conducted prior to installation of the septic system. The soil analysis will dictate sizing and suitability of a site for a compliant septic system.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

The specific conditions of approval are as follows:  __________________________________

The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners that this proposal be:

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

                                                                                    _____________________________________

                                                                                                            Patricia Beckel

                                                                                                        Chair, County Board

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

Motion

Motion was made by Commissioner Hanson to approve the finding and Facts for the Lake of the Woods County Subsurface Sewage Treatment System. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

 Ordinance

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

THE COUNTY BOARD OF LAKE OF THE WOODS COUNTY ORDAINS:

SUBSURFACE SEWAGE TREATMENT SYSTEM ORDINANCE

LAKE OF THE WOODS COUNTY

Table of Contents

SECTION 1GENERAL PROVISIONS
1.1Purpose1
1.2Intent1
1.3Title2
1.4Authority2
1.5Jurisdiction2
1.6Compliance2
1.7Enforcement2
1.8Interpretation3
1.9Severability3
1.10Abrogation and Greater Restrictions3
1.11Scope3
1.12Liability3
Section 2Administration
 2.1County 3
 2.2State of Minnesota 4
 2.3Cities 4
 2.4Appeals 4
 2.5Amendments 4
 
Section 3Definitions
  Meanings 5
Section 4General Requirements
 4.1Retroactivity 8
  4.1.1All SSTS 8
  4.1.2Existing Permits 8
  4.1.3Existing SSTS 8
  4.1.4SSTS on Lots Created After January 23, 1996 8
 4.2Upgrade, Repair, Replacement and Abandonment 9
  4.2.1SSTS Capacity Expansions 9
  4.2.2Bedroom Additions 9
  4.2.3Failure to Protect Groundwater 9
  4.2.4Imminent Threat to Public Health or Safety 9
  4.2.5Abandonment of SSTS 9
 4.3SSTS Located in Floodplains 9
 4.4Class V Injection Wells 9
 4.5SSTS Practitioner Licensing 10
  4.5.1License Required 10
  4.5.2License Exemption 10
 4.6Prohibitions 10
  4.6.1Sewage Discharge to Ground Surface or Surface Water 10
  4.6.2Sewage Discharge to a Well or Boring 10
  4.6.3Discharge of Hazardous or Deleterious Materials 10
Section 5SSTS Standards
 5.1Standards Adopted by Reference 11
 5.2New or Replacement SSTS 12
 5.3Design Flow 12
 5.4Alternative Local Standards (ALS) 13
  5.4.1“ALS” Vertical Separation for New and Replacement SSTS 13
  5.4.2Prohibited Locations of “ALS” 13
 5.5Soil Dispute Resolution 14
 5.6Holding Tanks 14
 5.7Privies 15
 5.82011 MN Rule Elements 15
  5.8.1Sewage Tank Capacity 15
  5.8.2Registered Products 15
  5.8.3Trench and Seepage Bed Design 16
 5.9List of Technical Differences 16
 5.10Minimum Setback Distances for Sewage Treatment Systems 16
  5.10.1Administrative Allowance 17
 5.11Federal Regulations Cost 40, Part 503 Septage Disposal 17
Section 6SSTS Permits and Plans
 6.1SSTS Permits Required 18
 6.2Activities Requiring a SSTS Permit 18
 6.3Activities Not Requiring a SSTS Permit 18
 6.4SSTS Permit Requirements 18
 6.5SSTS Permit Applications 18
 6.6Permit Application Review 19
 6.7Permit Expiration 20
 6.8Transferability 20
 6.9Operating Permits 20
Section 7Management Plans
 7.1Purpose 20
 7.2Management Plan Requirements 20
 7.3Management Plan Contents 20
 7.4Requirements for Systems Not Operated Under a Management Plan 21
Section 8Compliance Inspections
 8.1Compliance Inspection Program 21
  8.1.1Existing Systems 22
  8.1.2New Construction or Replacement 22
 8.2“ALS” Vertical Separation for Existing SSTS 23
 8.3Vertical Separation Flexibility 23
 8.4Disclaimer 23
Section 9Variances
 9.1Variance Requests 24
  9.1.1Criteria 24
  9.1.2Expiration 25
 9.2Board of Adjustment 25
 9.3Agency Notification 25
Section 10Enforcement
 10.1Violations 25
  10.1.1Cause to Issue a Notice of Violation 25
  10.1.2Interference w/Department Access or Administration/Enforcement Prohibited 26
  10.1.3Notice of Violation 26
  10.1.4Cease and Desist Orders 26
  10.1.5After-the-Fact Fees 26
  10.1.6Reimbursement for Restoration 26
 10.2Prosecution 27
Section 11Fees
  Establishment 27
Section 12Adoption and Effective Date
  Effective Date 27

LAKE OF THE WOODS COUNTY

SUBSURFACE SEWAGE TREATMENT SYSTEM ORDIANANCE

SECTION 1       GENERAL PROVISIONS

1.1       Purpose

The purpose of the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance shall be to provide minimum standards for and regulation of SSTS for the treatment and dispersal of sewage within the applicable jurisdiction of Lake of the Woods County and to protect public health and safety by protecting the County’s surface water and groundwater quality, and to prevent or eliminate the development of public nuisances. The Lake of the Woods County Board of Commissioners ordains this Ordinance, hereby establishing the following:

  1. Minimum standards for, and regulation of, Individual Sewage Treatment Systems (ISTS) and Midsize Subsurface Sewage Treatment Systems (MSTS), collectively referred to as Subsurface Sewage Treatment Systems (SSTS), in unsewered incorporated and unincorporated areas of Lake of the Woods County and incorporating by reference minimum standards established by Minnesota Statutes and Minnesota Pollution Control Agency Rules;
  2. Requirements for issuing permits for construction of SSTS;
  3. Provisions for Alternative Local Standards (ALS);
  4. Requirements for all SSTS permitted under the revised Minnesota Rules,      Chapter 7080 and 7081, to be operated under an approved Management Plan;
  5. Standards for upgrade, repair, replacement, and abandonment of SSTS;
  6. Provisions for the enforcement of these requirements; and,
  7. Standards which promote the health, safety, and welfare of the public as reflected in Minnesota Statutes, Sections 115.55, 145A.05, 375.51, 394.21 – 394.37, 471.82, and the Lake of the Woods County Land Use Plan, Lake of the Woods County Zoning Ordinance and Lake of the Woods County Local Water Management Plan.

1.2       Intent

It is intended, by the County, that this Ordinance will promote the following:

  1. The protection of lakes, rivers and streams, wetlands, natural resources, and groundwater in the County essential to the promotion of public health, safety, welfare, socioeconomic growth and development of the County;
  2. The proper SSTS construction, reconstruction, repair, maintenance, and location of SSTS to prevent the entry and migration of contaminants, thereby preventing the degradation of surface water and groundwater quality;
  3. The establishment of minimum and alternative local standards for SSTS placement, design, construction, reconstruction, repair, maintenance and proper septage disposal to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration;
  4. The appropriate utilization of privy vaults and other non-water carried sewage collection and storage facilities; and,
  5. The provision of technical assistance and education, SSTS permitting, inspections, and enforcement to prevent and control water-borne diseases, lake and stream degradation, groundwater-related hazards, and public nuisance conditions.

1.3              Title

This Ordinance shall be known and may be cited and referred to as the “Lake of the Woods County Subsurface Sewage Treatment System Ordinance”, when referred to herein; it shall be known as “this Ordinance”.

1.4       Authority

This Ordinance is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota Statutes, Sections 145A.01 through 145A.08; Minnesota Statutes, Section 375.51; or successor statutes, Minnesota Rules 2006, Chapter 7080; and, elements from the 2011 Rules Chapters 7080, 7081, 7082 and 7083 or successor rules.

1.5       Jurisdiction

The jurisdiction of this Ordinance shall include all lands of the County except for incorporated areas that administer a SSTS program, by Ordinance, within their incorporated jurisdiction, which is at least as strict as this Ordinance. The Department shall keep a current list of local jurisdictions within the County administering a SSTS program.

1.6       Compliance

The installation of a SSTS shall be in full compliance with the terms of this Ordinance and other application regulations.

1.7              Enforcement

The Lake of the Woods County Board of Commissioners shall bear the ultimate responsibility for the administration and enforcement of this Ordinance. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements, including failure to comply with special conditions of variances, shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this Ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 6 of this Ordinance.

1.8       Interpretation

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. Interpretation shall be made by the Department with approval of the County Board, subject to appeal to the Board of Adjustment.

1.9       Severability

If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this Ordinance shall not be affected and shall remain in full force.

1.10     Abrogation and Greater Restrictions

It is not intended by this Ordinance to repeal, abrogate, or impair any other existing County Ordinance, easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other Ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

1.11     Scope

This Ordinance regulates the siting, design, installation, alteration, maintenance, monitoring, and management of all SSTS within the County’s applicable jurisdiction; including, but not necessarily limited to, individual SSTS, cluster or community SSTS, privy vaults, and other non-water carried SSTS. All sewage generated in unsewered areas of the County shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated, and maintained in accordance with the provisions of this Ordinance or by a sewage treatment system that has been permitted by the Minnesota Pollution Control Agency (MPCA).

1.12     Liability

Any liability or responsibility shall not be imposed upon the Department or agency or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any SSTS regulated under this Ordinance by reason of standards, requirements, or inspections authorized hereunder.

SECTION 2       ADMINSTRATION

2.1       County

The Department shall administer the SSTS program and all provisions of this Ordinance. The Department shall review and recommend revisions and updates to this Ordinance as necessary, and shall employ, retain under contract, or utilize qualified and appropriately registered or licensed professionals to administer the SSTS program.

2.2       State of Minnesota

Where a single SSTS or group of SSTS under single ownership within one-half mile of each other, have a design flow greater than 10,000 gallons per day, the owner or owners shall make application for and obtain a State Disposal System permit from MPCA. For any SSTS that has a measured daily flow for a consecutive seven-day period which equals or exceeds 10,000 gallons per day, a State Disposal System permit is required.

Any SSTS serving establishments or facilities licensed or otherwise regulated by the State shall conform to the requirements of this Ordinance.

2.3       Cities

Any jurisdiction within the County that regulates SSTS must comply with the standards and requirements of this Ordinance. The standards and ordinance of the jurisdiction may be administratively and technically more restrictive than this Ordinance.

2.4       Appeals

An appeal of any administrative decision made in the enforcement of this Ordinance shall be made within fifteen (15) days of the date of the administrative decision by filling out and submitting to the Department an Application to Appeal form, which is available upon request from the Department. Such appeal shall be heard by the Board of Adjustment with sixty (60) days of the date that such application is submitted to the Department and found complete and accepted by the Department.

2.5       Amendments

The procedure for amendments to this Ordinance shall be as follows:

  1. An amendment may be initiated by a property owner, the Planning Commission, or the County Board. Property owners wishing to initiate an amendment shall fill out an application for amendment form, available from the Department. Such application shall be filled out and submitted to the Department together with the appropriate fee.
  2. The applicant shall appear before the Planning Commission to answer any questions that the Planning Commission members may have concerning the amendment request.
  3. A public hearing on the amendment request shall be conducted by the Planning Commission. The public hearing shall be conducted in accordance with Minnesota Statutes, Chapter 394.26.
  4. The Planning Commission shall make a recommendation to the County Board after the proceedings of this public hearing.
  5. The County Board shall consider the recommendation of the Planning Commission.

SECTION 3       DEFINITIONS

The following words and phrases shall have the meanings ascribed to them in this Article. If not specifically defined in this Article, terms used in this Ordinance shall have the same meaning as provided in the standards adopted by reference. For purposes of this Ordinance, the words “must” and “shall” are mandatory and the words “may” and “should” are permissive.

Alternative Local Standards (ALS): Are individual sewage treatment system standards that are less restrictive than the State’s technical standards and criteria. ALS contains the adopted standards from the 2006 MN Rules for systems using less than 2500 gallons of water per day.

Alternative Local Standards Vertical Separation: Standards that allow less than three (3) feet vertical separation but not less than two (2) feet in appropriate locations of the County.

As-Built: Drawings and documentation specifying the final in-place location, elevation, size, and type of all system components. These records identify the results of materials testing and describe conditions during construction. Information provided must be verified by a certified statement.

Authorized Representative: An employee or agent of the Department.

Bedroom: Any room or unfinished area within a dwelling that might reasonably be used as a sleeping room.

Board of Adjustment: A board established by the County Zoning Ordinance with the authority to order the issuance of variances, hear and decide appeals from a member of the affected public and review any order, requirement, decision, or determination made by any administrative official charged with enforcing any Ordinance adopted pursuant to the provision of Minnesota Statutes, sections 394.21 to 394.37 and perform such other duties as required by the official controls.

Certificate of Compliance:  A document written and issued after a compliance inspection, from a State of Minnesota licensed sewage treatment inspector or a qualified employee of the Department, which gives notice that an ISTS is in compliance with applicable requirements at the time of inspection.

Class V Injection Well: A shallow well used to place a variety of fluids directly below the land surface including a domestic SSTS serving more than twenty (20) people. The US Environmental Protection Agency and delegated state groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large-capacity cesspools are specifically prohibited (see 40 CFR Parts 144 & 146).

Cluster System:  An SSTS under common ownership that collects wastewater from two or more dwellings or buildings and conveys it to a treatment and dispersal system located on an acceptable site near the dwelling or buildings.

Compliance Inspection:  Any evaluation, investigation, inspection, or other such process to make conclusions, recommendations, or statements regarding an SSTS to reasonably assure an individual sewage treatment system is in compliance as specified under part 7080.0060.

County: Lake of the Woods County, Minnesota.

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

Department: The Lake of the Woods County Land and Water Planning Office.

Design: Site evaluation, all system components, and record drawings.

Design Flow: The daily volume of wastewater for which an SSTS is designed to treat and discharge.

Failing System: Any SSTS that discharges sewage to a seepage pit, cesspool, drywell, leaching pit and any system with less than the required vertical separation distance between the bottom of the distribution medium and the saturated soil level or bedrock.

Graywater or Greywater: Sewage that does not contain toilet wastes.

Imminent Threat to Public Health or Safety (ITPHS): Any SSTS that discharges sewage or sewage effluent to the ground surface, drainage systems, ditches, or storm water drains or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance access covers. The determination of protectiveness for other conditions must be made by a Qualified Employee or a State licensed inspection business.

Individual Subsurface Sewage Treatment System (ISTS): An individual sewage treatment system having a design flow of 5,000 gallons per day or less. ISTS includes holding tanks and privies.

Lot: “Lot” means a parcel of land in a plat recorded in the Office of the County Recorder or registrar of titles or a parcel of land created and conveyed, using a specific legal description.

Management Plan:  A plan that describes necessary and recommended routine operational and maintenance requirements, periodic examination, adjustment and testing; and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge.

Minor Repair:  The repair or replacement of an existing damaged or faulty component/part of an SSTS that will return the SSTS to its operable condition. A minor repair shall not alter the original area, dimensions, design, specifications or concept of the SSTS.

Mottling (Redoximorphic Features): As applied to soils, means a zone of oxidation and reduction activity, appearing as splotchy patches of red, brown or grey in the soil. In subsoils with a color value of four or more, the term mottling also includes soil having matrix colors with a chroma of two or less as described in “Keys to Soil Taxonomy”: 11th Edition, 2010, which is hereby incorporated by reference.

MPCA: Minnesota Pollution Control Agency.

Midsize Subsurface Sewage Treatment System (MSTS): A midsized subsurface sewage treatment system under single ownership that receives sewage from dwellings or other establishments having a design flow of greater than 5,000 gallons per day to 10,000 gallons per day.

Notice of Noncompliance: A document written and issued after a compliance inspection, from a State of Minnesota licensed sewage treatment inspector or a qualified employee of the Department, which gives notice that an ISTS is not in compliance with applicable requirements.

Other Establishments:  Any public or private structure other than a dwelling that generates sewage that discharges to an MSTS.

Qualified Employee: An employee of the state or a local unit of government, who performs site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual’s employment duties and is certified on the SSTS professional register verifying specialty area endorsements applicable to the work being conducted.

Record Drawings: A set of drawings which to the fullest extent possible document the final in-place location, size, and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system.

Septage: Solids and liquids removed during periodic maintenance of an SSTS or solids and liquids which are removed from toilet waste treatment devices, holding tanks or privies.

Sewage: Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains associated with these sources, including household cleaners and other constituents in amounts normally used for domestic purposes.

Subsurface Sewage Treatment System (SSTS): Subsurface sewage treatment system including an ISTS, and MSTS.

Soil Dispersal System: A system where sewage effluent is dispersed into the soil for treatment by absorption and filtration and includes, but is not limited to, trenches, seepage beds, at-grade systems, mound systems and drip dispersal systems.

State: The State of Minnesota.

SWF: Shoreland areas, wellhead protection areas, or food, beverage, or lodging establishments

Type I System: A “standard” SSTS that follows a standard trench, bed, at-grade, mound, or graywater system design in accordance with Minnesota Rules, Chapter 7080.0170 Subparts 2, 3, 5, 6 and 7.

Type II System: An “alternate” SSTS with acceptable modifications or sewage containment system that may be permitted for use on a site not meeting the conditions acceptable for a standard Type I system. This type includes systems on lots with rapidly permeable soils Minnesota Rules Chapter 7080.0170, Subpart 4, or lots in floodplains, and systems called privies or holding tanks, 7080.0172.

Type III System: An “other” SSTS that uses soil to treat sewage but does not meet the tank, size or distribution requirements for a Type I system, Minnesota Rules Chapter 7080.0178. Type III systems are designed for use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system.

Type IV System: A SSTS, having an approved pretreatment device and incorporating pressure distribution and dosing. It is sometimes referred to as an advanced treatment system.

Type V System: A “performance” SSTS, designed by a professional engineer that does not meet the prescriptive designs for Types I-IV. Type V systems must meet the public health and safety standards of 7080.0179.

Type ALS System: An SSTS designed with alternative local standards. See ALS definition.

SECTION 4       GENERAL REQUIREMENTS

4.1       Retroactivity

4.1.1    All SSTS

Except as explicitly set forth in Section 4.12 and 4.13 all provisions of this Ordinance shall apply to any SSTS regardless of the date of it was originally permitted.

4.1.2    Existing Land Use Permits

Land Use Permits which were issued prior to the effective date of this Ordinance shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system design, whichever is earlier.

4.1.3    Existing SSTS

A SSTS constructed prior to April 1, 1996, outside the designated floodplain, shoreland, wellhead protection areas or servicing a food, beverage, or lodging establishment, which met the minimum requirements at the time it was constructed, shall be allowed to continue in use, except, if it is determined to be a failing system or an ITPHS.

A SSTS constructed after March 31, 1996, or located within the designated floodplain, shoreland, wellhead protection areas or servicing a food, beverage, or lodging establishment, which met the minimum requirements at the time it was constructed, shall be allowed to continue in use except if it is determined to be a failing system or an ITPHS.

4.1.4    SSTS on Lots Created After January 23, 1996

All lots created after January 23, 1996 shall include a minimum of two (2) soil treatment and dispersal areas that can support a Type 1 systems as described in Minnesota Rules, Chapter 7080.0170, Subparts 2 and 5-6 or site conditions described in 7081.0270, Subparts 3-7, for MSTS systems.

4.2       Upgrade, Repair, Replacement, and Abandonment

4.2.1    SSTS Capacity Expansions

Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with Minnesota Rules 7080.0060 at the time of the expansion. Expansions may include addition of bedrooms, water using appliances and mobile home replacement with a larger home.

4.2.2    Bedroom Additions

When a bedroom addition is planned for construction, a SSTS compliance inspection is required on the existing SSTS. If a Notice of Noncompliance is issued on the existing SSTS, a Land Use Permit may be issued with or without conditions to upgrade, repair, replace or abandon the existing septic system. The owner is allowed two (2) years from the date of issuance of the Notice of Noncompliance to replace a failing system and ten (10) months for systems that are an ITPHS.

4.2.3    Failure to Protect Groundwater

A SSTS that is determined to be a failing system shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this Ordinance within two (2) years of the date of issuance of the Notice of Noncompliance.

4.2.4    Imminent Threat to Public Health or Safety (ITPHS)

A SSTS that is determined to be an ITPHS, shall be upgraded, repaired, replaced or abandoned by the owner within ten (10) months of the date of issuance of the Notice of Noncompliance.

4.2.5    Abandonment of SSTS

Any SSTS, or components thereof, which are no longer intended to be used as part of the SSTS, must be abandoned in accordance with Minnesota Rules, Chapter 7080.0176.

4.3       SSTS Located in Floodplain

SSTS shall not be located in a floodway and wherever possible, location within any part of a floodplain should be avoided. If no options exist to locate a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements in Minnesota Rules, Chapter 7080.0172 are met.

4.4       Class V Injection Wells

All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of Federal Regulations, title 40, part 144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR40 part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures.

4.5       SSTS Practitioner Licensing

4.5.1    License Required

No person shall engage in site evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance, or pumping of SSTS in the County without an appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter 7083, unless exempted as outlined in part 7083.0700 or Section 4.52 of this Ordinance.

4.5.2    License Exemption

A license is not required for:

  1. An individual who is constructing a system on land that is owned or leased by the individual and functions solely as a dwelling for that individual based upon a design by a licensed designer. A permit shall be obtained from the Department, the system shall be inspected before being covered and as-built plans submitted in accordance with this Ordinance. A Certificate of Compliance or Notice of Non Compliance will be issued by the Inspector.
  2. An individual who performs labor or services as an employee for an MPCA licensed SSTS Professional.
  3. A farmer who pumps sewage waste from individual sewage treatment systems from dwellings that are owned or leased by the farmer, and disposes of those wastes on land that is owned or leased by the farmer.

4.6       Prohibitions

4.6.1    Sewage Discharge to Ground Surface or Surface Water

It is unlawful for any person to construct, maintain, or use any SSTS system regulated under this Ordinance that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollutant Discharge Elimination System program by the MPCA.

4.6.2    Sewage Discharge to a Well or Boring

It is unlawful for any person to discharge raw or treated wastewater into any well or boring as described in Minnesota Rules, Chapter 4725.2050, or any other excavation in the ground that is not in compliance with this ordinance.

4.6.3    Discharge of Hazardous or Deleterious Materials

It is unlawful for any person to discharge into any treatment system regulated under this Ordinance any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality.

SECTION 5       SSTS STANDARDS

5.1       Standards Adopted by Reference

The following documents, which identify specific standards, procedures and protocols are hereby adopted in their entirety by reference and made a part of this Ordinance.

  1. Minnesota Rules 2006, Chapter 7080, as Alternative Local Standards for new and replacement systems with a design flow of less than or equal to 2,500 gallons per day.
  2. Lake of the Woods County Zoning Ordinance

The following elements from Minnesota Rules 2011, Chapter 7080 and 7081, are hereby adopted in their entirety by reference and made a part of this Ordinance:

  1. Minnesota Rules 2011, Chapters 7080 and 7081 for new and replacement systems with a design flow greater than 2,500 gallons per day.
  2. Minnesota Rule 2011, Chapter 7081.0130, Flow and Waste Concentration Determination for Other Establishments
  3. Tank Strength Requirements, 7080.1910, Subp 1
  4. Poured-in-place concrete tanks, 7080.1910, Subp 2
  5. Septic Tank Design, 7080.1920 A – E
  6. Septic Tank Capacity 7080.1930
  7. Septic Tank Baffles, 7080.1960 A – G
  8. Compartmentalization of Single Tanks, 7080.1950 A – E
  9. Sewage Tank Access, 7080.1970 A – D
  10. Tank Construction, 7080.1980 A – B
  11. Tank Storage, Transport and Use, 7080.1990 Subp 1 and 2
  12. Location and Installation of Tanks, 7080.2000 A – K
  13. Tank Assessment, 7080.2010 Subp 1, 2 and 3
  14. Tank Identification, 7080.2020 A – D

5.2       New or Replacement SSTS

Any structure that generates sewage and is served by a pressurized water supply system must be served by a compliant SSTS. New or replacement of existing SSTS servicing a residential dwelling shall be sized and constructed for a Type 1 dwelling.

Where no feasible alternatives exist as determined by the licensed designer and confirmed by the Department, installation of a Type 1 system creates a practicable difficulty, the Department may administratively authorize a smaller designed and installed system without a variance according to Section 9 of this Ordinance.

5.3       Design Flow

Average design flow shall be used to size soil treatment systems. The estimated average design flow for any dwelling shall provide for at least two (2) bedrooms. For multifamily dwellings, the average design flow shall consist of the sum of the average design flow for each individual unit. For Other Establishments the design flow shall be in accordance with Minnesota Rule Chapter 7081.0130.

Average Desgin Flow (GPD)
# of BedroomsClassification of Dwelling
 IIIIIIIV
2 or less300225180*
3450300218*
4600375256*
5750450294*
6900525332*

* Flows for Classification IV dwellings shall be 60% of the values as determined for Classification I, II, or IIIsystems.

The Table above is based on the following formulas:

ClassificationDescription
Classification I: Classification I dwellings are those with more than 800 square feet per bedroom, when the dwelling’s total floor area is divided by the number of bedrooms, or more than two of the following water-use appliances are installed or anticipated: automatic washer, dishwasher, water conditioning unit, whirlpool bath, garbage disposal, or self-cleaning humidifier in furnace. The average design flow for classification I dwellings is determined by multiplying 150 by the number of bedrooms.
Classification II: Classification II dwellings are those with 500 to 800 square feet per bedroom, when the dwelling’s total floor area is divided by the number of bedrooms, and no more than two of the water-use appliances are installed or anticipated as listed in Classification I. The average design flow for classification II dwellings is determined by adding one to the number of bedrooms and multiplying this result by 75.
Classification III: Classification III dwellings are those with less than 500 square feet per bedroom, when the dwelling’s total floor area is divided by the number of bedrooms, and no more than two of the water-use appliances are installed or anticipated as listed in Classification I. The average design flow for classification ID dwellings is determined by adding one to the number of bedrooms, multiplying this result by 38, then adding 66.
Classification IV: Classification IV dwellings are dwellings designed under part 7080.0170, subpart 7.

5.4       Alternative Local Standards (ALS)

Alternative Local Standards must comply with requirements of other applicable State Laws, State Rules and County ordinances.

5.4.1    “ALS” Vertical Separation for New or Replacement SSTS

For new or replacement “ALS” systems, a minimum of two (2) feet vertical separation shall be allowed between the bottom of the dispersal system and the seasonal saturation or bedrock located in areas outside the protected areas designated as floodplain, shoreland, wellhead protection, or areas where SSTS provide sewage treatment for food, beverage, or lodging establishments

Site suitability requirements must be met whenever a SSTS is installed, replaced, altered, or extended. The following parameters shall be met:

  1. Soil Separation:  For unsaturated soil separation, three (3) separate soil samples from three (3) field locations are taken for observation by the designer and referenced to the NRCS Soils Survey, visual determination for mottling features and/or percolation tests must be conducted to determine sizing of the system. The soil evaluation results must be verified onsite by the Department.
  2. Soil Types:  ALS systems shall not be allowed in poorly drained and rapidly permeable soils, as delineated by the NRCS Soil Survey for Lake of the Woods County, which is the official County soil classification reference.
  3. Wells:  Placement and construction of wells in proximity to the SSTS shall be setback according to the requirements of the Minnesota Department of Health, as identified in Section 5.9 of this Ordinance.
  4. Density of SSTS:  A SSTS constructed to the “ALS” standards shall not be permitted to exceed one (1) system per one (1) acre parcel. All sites to be developed must have space for at least two (2) systems and must meet the setbacks as outlined in Section 5.9 of this Ordinance and the Lake of the Woods County Zoning Ordinance.
  5. Existing natural and constructed drainage systems:  A drainage plan shall be provided to the Department with each SSTS permit application. The plan must designate existing drainage features and any proposed new drainages. The plan must specify surface and/or groundwater flows relative to the proposed SSTS, as well as the locations of all public and private drainage systems. If additional ditching or tile systems are proposed, a minimum of a ten (10) foot setback must be maintained from all components of the SSTS.

5.4.2    Prohibited Locations of “ALS” Vertical Separation

The following locations are prohibited from utilizing “ALS” Vertical Separation:

  1. Systems in the designated Shoreland district regulated under Minnesota Rules Chapters 103F.201 through 103F.221;
  2. Wellhead protection areas regulated under Minnesota Rules Chapter 103I; and
  3. System used in connection with food, beverage, or lodging establishments, regulated under Minnesota Rules Chapter 157.

5.5       Soil Dispute Resolutions

The Department will determine the final decision on the depth of periodically saturated soils should a disagreement occur between the Department representative and any licensed business.

5.6       Holding Tanks

The use of (a) holding tank(s) may be permitted only where there is no other reasonable alternative(s) to treating and disposing of sewage. The use of (a) holding tank(s) may be permitted by the Department as replacement for a SSTS that is failing or poses an imminent threat to public health, on lots existing as of the effective date of this Ordinance, and in structures where it can be shown that a SSTS cannot be feasibly installed, under the following conditions:

  1. A licensed designer must submit a site design indicating that the use of (a) holding tank(s) is the only alternative, with the concurrence of the Department and state the reasons why a drainfield is not viable
  2. A Maintenance and Monitoring Agreement signed by the property owner and a licensed maintainer is submitted to the Department;
  3. The property owner shall maintain a valid Maintenance and Monitoring Agreement with a licensed maintainer;
  4. A cleanout pipe of at least four (4) inches in diameter shall extend to the ground surface and be provided with seals to prevent odor emissions and exclude insects and vermin. A maintenance hole of at least twenty (20) inches in diameter shall extend through the cover to a point within twelve (12) inches, but no closer than six (6) inches, below finished grade. If the maintenance hole is covered with less than six (6) inches of soil, the cover must be secured to prevent unauthorized access;
  5. The minimum size shall be 1,000 gallons or 400 gallons times the number of bedrooms, whichever is greater;
  6. The holding tank(s) shall be located in an area readily accessible to the maintainer under all weather conditions and where accidental spillage, from maintenance, will not create a nuisance;
  7. The holding tank(s) shall meet setbacks as specified in Section 5.9 of this Ordinance and the Lake of the Woods Zoning Ordinance;
  8. Holding tanks shall have an alarm device to minimize the chance of accidental sewage overflows unless regularly scheduled pumping is used. Mechanical or electrical monitoring shall identify when the holding tank is at seventy-five (75) percent capacity;
  9. A water meter is to be installed and the meter readings are to be recorded monthly and submitted to the Department prior to December 31 of each year as per the Maintenance and Monitoring Agreement;
  10. Holding tank(s) must be inspected and solids removed, if needed, at a minimum of every three (3) years or when it reaches 75% capacity. Solids must be removed when their accumulation meets the limit described in Minnesota Rules, Chapter 7080.0175.
  11. The Maintainer shall record the date the holding tank(s) is maintained, volume of waste removed, and discharge location. The record shall be provided to the owner and made available to the Department upon request.

5.7       Privies

Privies that meet all of the following criteria may be designed with “ALS” vertical separation; however, the use of a holding tank is the preferred method of treatment or at least a tank under the privy.

  1. A site design must be submitted by a licensed designer;
  2. The privy is in a remote area with a minimum lot size of one (1) acre;
  3. Must not be located within a floodplain, shoreland or on hydric soils as indicated by the NRCS Soil Survey for Lake of the Woods County;
  4. The privy shall be located at least 100 feet from any existing well; and,
  5. If a tank is installed under the privy it shall meet setbacks as specified in Section 5.9 of this Ordinance and the Lake of the Woods Zoning Ordinance.

5.8       2011 MN Rule Elements

5.8.1    Sewage Tanks Capacity

Liquid Capacity of Septic Tanks
# of BedroomsSeptic Tank Capacity (Gallons)With a Garbage Disposal and/or Pump (Gallons)
3 or less10001500
4 or 515002250
6 or 720003000
8 or 925003750

5.8.2    Registered Products

Final Treatment and Dispersal, 7080.2150 including soil sizing Tables IX and IXa.

5.8.3    Trench and Seepage Bed Design, 7080.2210, Subp 4D

The minimum depth of soil cover, including topsoil borrow, over the distribution medium is twelve (12) inches.

5.9       Technical Differences in Ordinance from 2011 MN Rules 7080 and 7081

The following is a list of the technical differences.

  1. Alternative Local Standards “ALS” Vertical Separation, (reference 5.3 and 8.2).
  2. Location where Alternative Local Standards are prohibited, (reference 5.32).
  3. 2006 MN Rules used as Alternative Local Standards
    1. Pressure lateral spacing, defined in 2006 Minnesota Rules 7080.0150, Subp 3F;
    2. Clean outs on ends of pressure laterals, as stated in 2011 Minnesota Rules 7080.2050, Subpart 4, item J, are not mandatory however, highly recommended;
    3. Flow measurement when a pump is installed, is not required in 2006 Minnesota Rules; therefore, the 2011 Minnesota Rules Sections 7080.2210, 2220, 2230, 2240, 2270, and 2300 concerning flow measurements is not mandatory.
    4. Should technical differences exist that are not listed in the 2011 Minnesota Rule elements, (reference Section 5.1), the 2006 Minnesota Rules Chapter 7080 provisions shall prevail.

5.10     Minimum Setback Distances for Sewage Treatment Systems

Minimum Setback Distances (feet) for Sewage Treatment Systems
FeatureSewage tank, holding tank, or sealed privyAbsorption area or unsealed privy
Water supply Wells (Deep Well)5050
Water supply Wells with less than 50 feet of casing (Shallow well)100100
Buried water lines – suction5050
Buried water lines-under pressure1010
Buried lines – electric line, LP tank, gas pipe1010
Occupied Buildings1020
Property lines1010
OHWL of public waters  
–          General Development Lake(Lake of the Woods)5050
–          Agricultural and Tributary River Segments100100
–          Forested River Segments150150
–          Remote River Segments200200

5.10.1  Administrative Allowance

The Department may administratively, without a variance according to Section 9 of this Ordinance, allow a lesser setback in the following circumstances:

  1. A lot line setback where no feasible alternative exists and the landowner and adjacent landowner(s) enter into a Reduced Setback Agreement which attests to the location of the property line or a certified survey establishes the property line.The Reduced Setback Agreement document is available upon request from the Department.
  2. For River Segments, identified in Section 503 of the Lake of the Woods County Zoning Ordinance, where no feasible alternative exists as determined by a licensed designer and confirmed by the Department, the following Ordinary High Water Mark (OHWM) setback may apply:
    1. Agricultural – 75 feet
    2. Forested – 100 feet
    3. Remote – 150 feet
    4. Tributary – 75 feet

All other deviations from the setback requirements must be approved by a variance according to Section 9 of this Ordinance.

5.11     Federal Regulations Code 40, Part 503 and MPCA Septage Management

Guidelines #4.20 for Septage Disposal and Treatment

Minimum Separated Distances from the Land Application Site
Separation Distances in Feet
FeatureSlopeSurface AppliedIncorporated within 48 hoursInjected
Private drinking water supply wells 200200200
Public drinking water supply wells 100010001000
Irrigation wells 502525
Residences 200200100
Residential Developments 600600300
Public Contact Sites 600600300
Property Lines 505050
Public Road Right of Ways 505050
Lakes* 100010001000
Minimum Separated Distances from the Land Application Site
Separation Distances in Feet
Rivers and Streams* 300300300
Down gradient wetlands,Intermittent streams, or tile Inlets connected to these surface water features*Slope 0% to 6%Slope 6% to 12%Winter 0% to 2%200Not allowed60050100Not Applicable50100Not Applicable
Grassed Water WaysSlope 0% to 6%1003333

Lakes, rivers and streams: Septage shall not be land spread in designated shoreland management areas as identified in the “Lake of the Woods County Zoning Ordinance”. Intermittent stream means a drainage channel with definable banks that provides for runoff flow to any of the surface waters listed in the above table during snow melt or rainfall events.

SECTION 6       SSTS PERMITS AND PLANS

6.1       SSTS Permits Required

It is unlawful for any person to construct, install, modify, repair or replace a SSTS without the appropriate Land Use Permit from the Department. The issuing of any permit, variance, or conditional use permit under the provisions of this Ordinance shall not absolve the applicant of responsibility to obtain any other required permit.

6.2       Activities Requiring a SSTS Permit

All contractors, property owners or other persons having charge of the SSTS construction, replacement (including tanks and dispersal systems), repair, or modification of components of SSTS, shall obtain a Land Use Permit from the Department prior to starting construction. Land Use Permits shall be granted upon receipt of a completed application.

6.3       Activities Not Requiring a SSTS Permit

A Land Use Permit is not required for minor repairs or replacements of system components that do not alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function.

6.4       SSTS Permit Requirements

For development in the jurisdictional areas of the County, a valid SSTS Land Use Permit for a new system and/or Certificate of Compliance for the existing SSTS must be submitted to the Department prior to approval and issuance of any Building Land Use Permit, variance or Conditional Use Permit.

6.5       SSTS Permit Applications

Land Use Permit applications shall be made on forms provided by the Department and signed by the applicant or an authorized agent. The application shall include but is not limited to the information and documents listed in items A through E below. A complete application shall be examined and approved or denied by the Department.

  1. Name, mailing address, telephone number, (and email address if available.)
  2. Property Identification Number (PIN), address, or other description of property location.
  3. Site Evaluation Report, including soil analysis and verification utilizing at least three (3) soil observations made in exposed pits or by hand auger/probe prior to construction. The depth to the periodically saturated soil shall be determined by parameters set in Section 5 of this Ordinance. The soil verification shall be made by a qualified employee or licensed inspection business authorized by the Department. The soil boring log with soil verification signature shall be submitted with design by contractor to the Department.
  4. Design Reports, as-built drawings, operating permits and any documents described in Minnesota Rules, Chapter 7080.0110-7080.0115.
  5. Management Plan (see Section 7 of this Ordinance).

6.6       Permit Application Review

The Department shall review the Land Use Permit application, supporting documentation and site design in order to determine if a complete application has been submitted. The Department shall notify the applicant and/or site designer within fifteen (15) business days if an incomplete application has been submitted and state the reasons of incompleteness.

Upon determining a complete application has been submitted, the Department shall issue a permit in compliance with Minnesota Statute 15.99, authorizing the construction of the SSTS as per the submitted site design. In the event the applicant and/or site designer makes a significant change to the approved application, the applicant or site designer must file an amended application and/or site design with the Department detailing the changed conditions for approval prior to initiating or continuing construction, modification, or operation for consideration. The Department shall complete the review of the amended application within fifteen (15) business days of receipt of the amended application and notify the applicant and/or site designer of the approval in compliance with Minnesota Statute 15.99.

If the Land Use Permit application, supporting documents and site design do not meet the requirements of this Ordinance, the Department shall deny the application and state the reason(s) for denial in compliance with Minnesota Statute 15.99.

The Department may suspend or revoke an issued Land Use Permit under this Section for any false statements, misrepresentation of facts on which the permit was issued, or unauthorized changes to the system design that alter the original function, treatment capacity, location, or otherwise change the original system’s design, layout, or function. A Notice of Suspension or Revocation, and the reasons for the suspension or revocation, shall be conveyed in writing to the permittee. If suspended or revoked, installation or modification of a system may not commence until a valid permit is obtained.

6.7       Permit Expiration

The Land Use Permit shall expire one (1) year from the date of approval unless a written extension for extenuating circumstances is granted by the Department. Such extension shall not exceed a period of one (1) year. No more than one (1) extension may be granted from any Land Use Permit.

6.8       Transferability

The approved Land Use Permit may be transferred, as long as it has not expired, to the new property owner provided the site design and conditions of the Land Use Permit are met.

6.9       Operating Permits

An Operating Permit shall be required of all owners of new holding tanks, Type IV, Type V and MSTS.

SECTION 7       MANAGEMENT PLANS

7.1       Purpose

The purpose of a Management Plan is to describe how a particular SSTS is intended to be operated and maintained to sustain the required performance. The Management Plan must be provided by a licensed designer to the system owner prior to the system being commissioned.

7.2       Management Plan Requirements

Management Plans are required for all new or replacement SSTS. The Management Plan shall be submitted to the Department with the site design for review and approval.

7.3       Management Plan Contents

Management Plans shall include the following:

  1. Operating requirements describing tasks that the owner can perform and tasks that a licensed maintainer must perform;
  2. Monitoring requirements;
  3. Maintenance requirements, including maintenance procedures and a schedule for routine maintenance;
  4. Disclosure of the location of the additional soil treatment area(s) on the property; and
  5. Other requirements as determined by the Department.

7.4       Requirements for Systems Not Operated Under a Management Plan

An SSTS that is not operated under  management plan or operating permit must have treatment tanks inspected and provide for the removal of solids, if needed, every three (3) year. Solids must be removed when their accumulation meets the limit described in Minnesota Rules, Chapter 7080.2450.

SECTION 8       COMPLIANCE INSPECTIONS

8.1       Compliance Inspection Program

It is the responsibility of the Department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this Ordinance are met.

  1. SSTS Compliance Inspections are performed:
    1. To ensure compliance with applicable requirements;
    2. To ensure system compliance within the designated shoreland areas of the County, prior to issuance of a Land Use Permit, variance or a conditional use permit. The County may temporarily waive the Certificate of Compliance requirement during the period from November 1st  to May 31st  with provisions for that a compliance inspection is to be conducted and submitted to the Department no later than July 31st  of the following year;
    3. To ensure system compliance outside of the designated shoreland areas of the County, prior to issuance of a Land Use Permit for a bedroom addition, variance or a conditional use permit. The County may temporarily waive the Certificate of Compliance requirement during the period from November 1st  to May 31st  with provisions for that a compliance inspection is to be conducted and submitted to the Department no later than July 31st  of the following year;
    4. For all new SSTS construction or replacement (including privies);
    5. For existing system upgrades, repair or modifications;
    6. To ensure compliance prior to issuance of a Land Use Permit for the addition of a bedroom on properties served by an SSTS; and
    7. Any time the Department deems appropriate, such as, upon receipt of a written and signed complaint or other reliable notice of a system malfunction.
  2. All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees with jurisdiction.
  3. The Department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph, “property” does not include a residence or private building.
  4. No person shall hinder or otherwise interfere with the Department’s employees in the performance of their duties and responsibilities pursuant to this ordinance. Refusal to allow reasonable access to the property by the Department shall be deemed a separate and distinct offense.

8.1.1    Existing Systems

  1. Compliance inspections shall be required when any of the following conditions occur:
    1. When a Land Use Permit is required to repair, modify, or upgrade an existing system;
    2. When there is a change in the use of the property being served by an existing SSTS which may impact the performance of the system;
    3. Prior to issuance of a Land Use Permit within the designated shoreland areas, variance or conditional use permit request; or
    4. Prior to issuance of a Land Use Permit for a bedroom addition, variance or conditional use permit request outside the designated shoreland areas; or
    5. As required by this Ordinance, or as deemed appropriate by the Department, such as, upon receipt of a written and signed complaint or other reliable notice of a system malfunction.
  2. Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by MPCA.
  3. If the SSTS is determined not to be in compliance with the applicable requirements, a Notice of Noncompliance must include a statement specifying those requirements with which the SSTS does not comply. SSTS that are deemed an ITPHS shall be upgraded within ten (10) months of the date of issuance of the Notice of Noncompliance and a SSTS that is deemed a failing system shall b