April, 2017

Commissioner Proceedings

April 11, 2017

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 11, 2017 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Vice- 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: Ken Moorman, Cody Hasbargen, Jon Waibel, and Ed Arnesen. Absent Buck Nordlof.  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 Hasbargen and carried unanimously to approve the agenda with the following additions: Beltrami / Lake of the Woods Partial Judicial Ditch, Beaver Dam, Judicial Ditch 26, 28 and County Road 72 , Beaver Dam-Kelly Creek, Arrowhead Library System, Take A Kid Fishing and Liquor License approval.  

Approval of Minutes

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the official and summarized minutes of March 28, 2017.

LAKE OF THE WOODS SCHOOL

Radio Antenna

Maintenance Supervisor, Reed MacFarlane met with the board requesting permission for moving the Schools Radio Communication system from the Tower on the Lake Road to the County’s Tower over by Erickson’s Mill. Reed explained that many years ago when Mr. Sjoberg acquired the tower on the Lake Road he told the school that as a community service he would allow the School to place an antenna on his tower at no cost, later when the tower was sold to Crown Castle, they stated that they would no honor any prior agreements and that the school would have to pay a quarterly rental fee. At this tower there is no backup generation system, where the County tower has back-up and the Schools radio systems a very intricate part of the County’s Emergency Drills and that the school buses are also part of the plan as well as the School being designated as a temporary relief center in case of wide spread loss of power or some other disaster.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to authorize Lake of the Woods School District the use of Lake of the Woods County tower located approximately 3 miles east of town on HWY 72, located by Erickson Mill at no cost and authorize County Auditor/Treasurer, Lorene Hanson to enter into an agreement contingent approval of County Attorney, James Austad.

ARROWHEAD LIBRARY SYSTEM/TAKE A KID FISHING

Arrowhead Library

The board reviewed the budget from Arrowhead Library System and requested that Executive Director Jim Weikum, and Appointed Board Member, Ron Rudd meet with the board and give an update on the Library System.

Take A Kid Fishing
The board reviewed the letter of request from Take A Kid Fishing Committee requesting the county’s support for the upcoming event being held on June 21.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to support the Take A Kid fishing day and approve payment as budgeted of $600.00 from the Con-Con funds.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a letter addressed to Governor Dayton in regards to HF 888/SF723.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to authorize Chairman Nordlof  to sign the  letter  in regards to HF 888/SF723 and to send to Governor Dayton and authors of the HF888 and SF 723.

Beltrami/Lake of the Woods Judicial Ditch

Land and Water Director, Josh Stromlund met with the board and informed the board that he has spoken to Beltrami County Engineer, Bruce Hasbargen and that Beltrami County will be moving forward with the  judicial ditch abandonment on the Northern Border of Beltrami and Lake of the Woods Southern border, so therefore a Judicial Ditch Committee will be formed.

AMEND AGENDA

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to amend the agenda and add Buffer Stripe Resolution.

BUFFER RESOLUTION

The board reviewed MN Statute 103.F48 in regards to buffer requirements and the concerns with the current legislation as stated under MN Statute.

Resolution

The following Resolution was offered by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously the following resolution:

OPPOSING CURRENT STATE BUFFER STRIP LEGISLATION

Resolution No. 17-04-01

WHEREAS, Minnesota Legislature has passed the MN Statute 103F.48 to develop a statewide program to provide riparian protection through the use of vegetative buffer strips, stating that landowners owning property adjacent to a water body identified and mapped on a buffer protection map must maintain a buffer to protect water resources, and

WHEREAS, this has caused a large number of Lake of the Woods County landowners to voice their concerns with this legislation to their local County Commissioners, such as:

A)    Restricting use of land by landowners

B)     Placing unfunded costs to meet these requirements on landowners and in most cases lessening  in the value of a landowners’ property

C)    That there is no substantive proof that by implementing this buffer system that it will improve water quality as is intended

D)    That this legislation violates a landowner’s constitutional rights as taking land without proper consideration given for the property

E)     That many landowners would accept common sense legislation as to alternative practices for buffer on ditch inlet areas versus an arbitrary buffer along an entire ditch system where water from that area next to the ditch do not drain directly into the ditch system

F)     That control over managing and implementation should be solely at the Counties discretion

G)    That the cost to implement this legislation is solely and unfairly placed on the landowners to implement and will cause a financial burden to implement and maintain with future losses from inabilities to plant desired crops for profit on these acres

NOW THEREFORE BE IT RESOLVED, that Lake of the Woods County Board of Commissioners hereby strongly oppose the current legislation as stated under MN Statute 103F.48 and request that the Minnesota Legislature, along with Governor Dayton’s support, overturn this legislation or at minimum to modify the current legislation to pay for all costs, present and future, to landowners that are mandated to comply and to allow for common sense alternative practices for landowners to provide buffers on ditch inlets versus an entire system where it can be shown that the water from those adjacent areas do not drain directly into a ditch system.

SOCIAL SERVICES

Claims

Social Service Director, Amy Ballard met with the board requesting approval of claims.

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Commissioner Warrants-$11,914.85, Commissioner Warrants-$4,682.64, Commissioner Warrants- $7,327.25.

Little Brother Little Sister Program

Social Service Director, Amy Ballard requested authorization to disburse the budgeted amount of $20,000 to Northwest Community Action for the Little Brother Little Sister Program. The consensus of the board was to pay the $20,000 as discussed in budget meeting.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval to enter into a Mutual Aid Agreement for the use of Law Enforcement personnel and equipment with the City of Bemidji pursuant to MN Statute §471.59, authorizes the joint and cooperative exercise of powers.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to authorize County Sheriff, Gary Fish to sign the Mutual Aid Agreement with the City of Bemidji pursuant to MN Statute § 471.59.

EMERGENCY MANAGEMENT

Emergency Director, Jill Olson met with the board to discuss the previous approval from October 11, 2016 to purchase consollette for the Sheriff’s Office, with funding from the 911 account. Jill explained that the consollette price is $5,612.25, which is over the approved amount by $612.25.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve and additional $612.25 for consollette with the funding from the 911 account with the total purchase price of $5,612.25.

Recess

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

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting approval to advertise for construction bids and to hire seasonal help.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to authorize Public Works Director, Tim Erickson to advertise for the following bids for construction of S.A.P. 039-608-023, S.A.P. 039-614-008 and S.A.P. 039-625-006.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to. Authorize Public Works Director, Tim Erickson to advertise, interview and hire seasonal help, for 2017 summer.

BEAVER DAM/KELLY CREEK

George Swentik met with the board to discuss the water issues that is re-occurring on a parcel of his land.  Public Works Director, Tim Erickson will take care of the issue as soon as possible.

JUDICIAL DITCH 26,28 and County Road 72

Public Works Director, Tim Erickson updated that board on the following:

Ø  Judicial Ditch 26- brushing contract complete, bumps out and dams gone

Ø  Judicial Ditch 28/County Road 72- surveyors are out waiting to hear form Attorney Kurt Deter to make sure maintenance can be down since Co. Road 72 is within the Judicial Ditch 26 area.

NWA SCHOOL

Cindy Renfrow, representing the NWA School Committee met with the board and updated them on the meeting with State Representative Dan Fabian and Matt Grossell. She also informed the board of the poor condition of the school and requested support for HF 1089, for appropriation of money to the Warroad School District, to construct, furnish, and equip an expansion of the Northwest Angle School.

Resolution

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

Grant to Warroad School District 690 for Expansion of Northwest Angle School

Resolution No. 17-04-02

WHEREAS, Minnesota State Legislature House File 1089 relating to capital investment, appropriating money for expansion of the Northwest Angle School in Warroad, and located within Lake of the Woods County;

WHEREAS, the appropriation of $700, 000 is appropriated from the bond proceeds fund to the commissioner of education for a grant to the Warroad School District to construct, furnish, and equip an expansion of the Northwest Angle School. No matching funds required;

NOW THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners is in support of House File 1089 for the expansion for the Northwest Angle School with the grant money from the Commissioner of Education to the Warroad School District.

COUNTY AUDITOR/TREASURER

Deputy Auditor/Treasurer, Janet Rudd met with the board requesting approval for claims:

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the claims against the county as follows: Revenue $35,566.30- Road & Bridge $13,376.75-Co. Development $1,656.00- Natl Resc. Enhanc- $2,300.00-Solid Waste, $25,207.96- EDA, $4,425.23.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/11/2017 For Payment 4/14/2017

Vendor Name                                                    Amount

Arrowwood Resort                                                                 2,946.06

Cenex Co-Op Services, Inc.                                                    5,594.57

Computer Professionals Unlimited Inc                                      3,310.00

Hasler                                                                                      4,000.00

Headwater Regional Development Commiss                           4,072.67

Lake Area Construction Inc                                                     4,025.70

LOW Highway Dept                                                                 2,210.00

Mar-Kit Landfill                                                                       12,078.00

Pb Distributing Inc                                                                    3,413.10

Powerplan                                                                               2,316.92

Widseth Smith Nolting&Asst Inc                                               5,039.33

Woody’s Service                                                                     3,194.52

60 Payments less than 2000  30,331.37

Final Total:  82,532.24

Further moved to authorize the payment of the following auditor warrants: March 29, 2017 – $16,737.43, April 5, 2017- $12,615.14.

Liquor License

Deputy Auditor/Treasurer, Janet Rudd met with the board requesting approval for a Seasonal On- Sale Liquor License for Oak Harbor Golf Course and a 3.2 Off Sale Malt Liquor License and Cigarette License for Log Cabin Bait.

Motion

Motion was made by Commissioner Moorman, second by Commissioner Waibel and carried unanimously to approve Oak Harbor Golf Course Seasonal On-Sale Liquor License effective April15, 2017 thru October 15, 2017 contingent approval of County Sheriff, Gary Fish and County Attorney, James Austad.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the 3.2 Off Sale Malt Liquor License and Cigarette License effective June 1, 2017 thru June 30, 2018 for Log Cabin Bait contingent upon the sale and approval of County Sheriff, Gary Fish and County Attorney, James Austad

RECESS

With no further business before the board, Vice – Chairman Arnesen called the meeting to recess at 12:00 p.m.

Attest:                                                                                      March 28, 2017

__________________________________                _____________________________________Deputy Auditor/Treasurer, Janet Rudd              Vice -Chairman of the Board, Edward Arnesen

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

Commissioner Proceedings

April 25, 2017

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 25, 2017 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Nordlof 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, Cody Hasbargen, Jon Waibel, and Buck Nordlof. Absent Ed Arnesen.  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 Hasbargen and carried unanimously to approve the agenda with the following additions: Revenue/Expenditures, Airport Project and Community Garden.  

Approval of Minutes

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the official and summarized minutes of April, 11, 2017.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims and approval for a lost warrant.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Revenue $32,573.69- Road & Bridge $7,047.41-Co. Development $200.00- Joint Ditch- 405.00-Solid Waste, $9,450.11- EDA, $639.88.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/25/2017 For Payment 4/28/2017

Vendor Name                                                    Amount

American Solutions For Business                                           2,491.29

Attachments Direct LLC                                                           4,892.93

Independent Emergency Services                                           7,714.81

Klein McCarthy & Co, Ltd, Architects                                      2,000.00

Neopost USA Inc                                                                     2,884.00

Northern Light Region                                                              3,461.50

Thompson Reuters-West Publishing Corp.                              2,339.00

54 Payments less than 2000 24,532.56

Final Total: 50,316.09

Further moved to authorize the payment of the following auditor warrants: April 12, 2017- $87,483.59-April 13, 2017 – $997.50, April 14, 2017- $73,769.42, April 14, 2017-(889.00), April 19, 2017- $92,282.48.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to approve the application and affidavit for lost warrant for Jacob Brandli dated December 30, 2016 for $53.68 without furnishing indemnifying bond.

SOCIAL SERVICES

Claims

Social Service Director, Amy Ballard met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Commissioner Warrants-$29,804.19, Commissioner Warrants-$3,069.68, Commissioner Warrants- $7,066.86, Commissioner Warrants- $469.05.

CHI-Lakewood Health Contract

Social Service Director, Amy Ballard met with the board requesting approval to enter into a contract with CHI-Lakewood to provid Housing with Services for MA and Waivered services.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to approve the contract between Lake of the Woods County Social Services and CHI-Lakewood to provide Housing with Services for MA and Waivered services effective January 1, 2017 thru December 31, 2018.

CORRESPONDENCE/COMMITTEE UPDATE/COMMUNITY GARDEN

Community Garden– Commissioner Moorman informed the board that LakeWood Health Center is looking for some help on continuing the Community Garden, he informed the board that the SHIP grant is no longer available to help with the expenses.

Correspondence– BWSR meeting, MN Power

Airport Committee – Commissioners Waibel and Hasbargen updated the board on the progress of constructing hangers at the Airport.

RECESS
The meeting was called to recess at 9:45 a.m. and reconvened at 9:55 a.m.

MN DEPARTMENT OF NATURAL RESOURCES

Northwest Regional Director, Rita Albrecht met with the board requesting the board to help with identifying parcels of state land in Lake of the Woods County to consider for sale and reinvestment. The goal of DNR’s Strategic Land Asset Management (SLAM) is to improve the state land portfolio through strategic acquisition, sale, and exchange of state managed land. With Sales and Reinvestment Initiative (SRI), the goal is to identify lands to offer for sale by conducting a focused land analysis in the 15 northern counties that have 20% or more public land ownership. The board reviewed the map that was presented and set May 11, 2017 at 8:00 a.m. for a work session to review the lands and to identify 15 parcels of land for sale or exchange of state managed land. DNR Regional Forestry Director, Dave Thomas informed the board that the Forestry Department is working on a Timber sale for the spring of 2018 located at the Northwest Angle.

DNR FISHERIES

DNR Fisheries Manager, Phil Talmage met with the board and reviewed the 2016 Walleye Population Assessment Summary with the board.

MIS/MAINTENANCE SUPERVISOR

Spam Filter/Floor Scrubber

MIS/Maintenance Supervisor, Peder Hovland met with the board and informed the board that the State of MN is discontinuing services for the Spam Filtering. Peder received two quotes, Marco coming in at $160.00 per month and Insight at $220.00 per month. Peder also informed the board that the new floor scrubber will cost $5,267.00.

Motion

Motion was made Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve to enter into agreement with Marco for Spam Filtering effective June 1, 2017.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to approve the purchase of a floor scrubber in the amount $5,267.00 from the Maintenance budget.

TRANE

Trane Manager Scott Rietsema met with the board and updated the board on the new heating system and the steps involved with a new system.

RECESS

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

Attest:                                                                                      May 9, 2017

___________________________________              _____________________________________

County Auditor/Treasurer, Lorene Hanson                    Chairman of the Board, Buck Nordlof

April, 2016

LAKE OF THE WOODS COUNTY ECONOMIC DEVELOPMENT AUTHORITY MEETING

 April 19, 2016

The Lake of the Woods County Economic Development Authority met on Tuesday, April 19, 2016 in the Lake of the Woods County Commissioners’ Room.   The meeting was called to order by President Hanson at 6:00 pm, and the Pledge of Allegiance was recited.  The following members were presentKen Moorman, Tom Hanson, Buck Nordlof, Brock Stebakken, Jeff Bauers, Stuart Noble and Mike Kinsella, Patty Beckel.  Absent: Ed Arnesen. Also in attendance was Janet Rudd.

Motion was made by Noble, seconded by Nordlof and carried unanimously to approve the agenda.

Minutes

Motion was made by Nordlof, seconded by Noble and carried unanimously, to approve the minutes from March 29, 2016.

Headwaters Regional Development Commission

HRDC Economic Development Director, Ryan Zemek met with the board to discuss the HRDC Proposal.

Motion

Motion was made by Noble, seconded by Bauers and carried unanimously to approve the HRDC Staff Proposal from HRDC to provided staff leadership for the Lake of the Woods EDA taking ultimate responsibility for leadership, administrative and professional activities.

Financial Reports

Motion was made by Beckel, seconded by Moorman and carried unanimously to approve the financial reports as presented.

                Line Workers School Committee

President Hanson requested that the Line Workers School Committee on May 16, 2016 at 6:00 p.m.

Years of Service Recognition

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

Recognition of years of service

Chuck Tischart

 Resolution 2016 – 04-01

Whereas:  Chuck Tischart has served on the Economic Development Authority since 2010:

 Whereas:  Chuck has resigned from Lake of the Woods Economic Development Authority effective March 29, 2016:

Now Therefore, Be it Resolved:  That the Lake of the Woods Economic Development Authority Board extends its deepest appreciation to Chuck for his dedicated service and best wishes to him.

The resolution was seconded by Vice– President Stebakken and the same being put to a vote, was unanimously carried.

JOINT HOUSING MEETING

Discussed organizing a Joint Housing meeting with the City of Baudette IDC, EDA , County Commissioner’s and HRDC. (The meeting was set for May 2, 2016)

Next regular meeting will be on May 17 at 6:00 p.m. in the Commissioners Room.

Adjournment

Motion was made by Moorman, seconded by Nordlof and carried unanimously, to adjourn the meeting at 7:22 p.m.

Attest:                                                                                  Approved:  05-17-16

______________________________                                ______________________________Janet Rudd, Administrative Assistant                     Thomas Hanson, President

April, 2015

Commissioner Proceedings

April 14, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 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 Patty Beckel, Thomas Hanson, Ed Arnesen, Buck Nordlof, and Ken Moorman.  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 Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions: Mighty Ducks Grant, MN Department of Human Services, Human Resources, Land and Water Planning.

Approval of Consent Agenda

None

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 March 24, 2015.

Auditor/Treasurer

Claims

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

Motion

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

                                           Revenue                              $    46,622.52            

                                                Road & Bridge                    $    19,737.82

                                                Co. Develop                        $      2,200.00

                                                Natl Recs Enhance              $    10,193.50

                                                Solid Waste                         $    31,812.08

                                                EDA                                    $       4,525.85

WARRANTS FOR PUBLICATION

Warrants Approved On 4/14/2015 For Payment 4/17/2015

Vendor Name                                     Amount

Cenex Co-Op Services, Inc.                                                                5,481.60

Computer Professionals Unlimited Inc                                               3,071.00

Howard’s Oil Company                                                        2,086.90

Jake’s Quality Tire Inc                                                          2,400.00

Mar-Kit Landfill                                                                    13,251.15

Mn Counties Information System                                        2,375.25

Northwest Community Action, Inc                                       2,210.00

R & Q Trucking, Inc                                                              3,155.10

RFCC, LLC                                                                             9,750.00

Rinke-Noonan                                                                     10,393.50

Shi Corp                                                                                 2,324.00

Sjoberg’s Inc                                                                          2,238.08

St. Louis County Auditor                                                       2,000.00

Swanston Equipment Corp                                                  6,464.11

University Of Mn                                                                   8,441.25

Woody’s Service                                                                   3,633.73

Ziegler, Inc                                                                             6,605.51

  83 Payments less than $2000                                           31,210.59

                Final Total:                                                       $117,091.77

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

                                                April 2, 2015                    $   10,750.37

April 2, 2015                    $   99,553.06

April 6, 2015                    $113,046.34

April 9, 2015                    $        918.93

April 9, 2015                    $     3,130.38                     

Rinke Noonan

County Auditor/Treasurer, Lorene Hanson met with the board requesting the board to enter into   the 2015 retainer agreement with Rinke Noonan Law Office.

Motion

Motion was made by Commissioners Hanson, seconded by Commissioner Nordlof and carried unanimously to enter into the 2015 retainer agreement with Rinke Noonan Law firm in the amount of $200 per month and authorize Chairman Arnesen to sign.

Social Security for Elected Officials on the Defined Contribution Plan

County Auditor/Treasurer, Lorene Hanson met with the board and presented the Resolution for Social Security for Elected Officials holding position covered by the Defined Contribution Plan per their request.

Resolution

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

SOCIAL SECURITY RESOLUTON

ELECTED OFFICIALS HOLDING POSITIONS COVERED BY

THE DEFINED CONTRIBUTION PLAN

Resolution Number 2015 – 04-01

WHEREAS, Minnesota Statutes Section 355, as amended, establishes procedures that allow a governmental subdivision to extend Social Security coverage to certain local elected officials who are members of, or are eligible for membership in, the Defined Contribution Plan administered by the Public Employees Retirement Association; and

WHEREAS, the Lake of the Woods County Board of Commissioners desires to offer Social Security coverage to its eligible elected officials.

NOW, THEREFORE, BE IT RESOLVED that the Lake of the Woods County Board of Commissioners does hereby adopt the following resolution:

Section 1. It is hereby declared to be the policy of this governing body to extend the provisions of Minnesota Statutes Section 355.02 that provides Social Security coverage to eligible elected officials of the Lake of the Woods County.

Section 2. In pursuance of said policy, this governing body hereby requests and authorizes the execution of a divided vote referendum under Section 218(d)(6) of the Social Security Act for the purpose of allowing current eligible elected officials the option of paying the Social Security tax. The coverage of current local elected officials shall be effective as of January 1, 2016, for those eligible officials who vote “Yes” in the Social Security referendum. The referendum will be conducted pursuant to applicable state and federal laws and regulations by County Auditor-Treasurer Lorene Hanson, a designee of the governmental subdivision under the supervision of a representative of the Public Employees Retirement Association acting as the designated State Social Security Administrator.

Section 3. The Public Employees Retirement Association is hereby directed to execute a modification to the section 218 Agreement between the State of Minnesota and the Secretary of Health and Human Services to secure Social Security coverage of the eligible elected officials who vote “Yes” in the referendum and all local newly-elected officials of this governmental subdivision.

Section 4. Withholdings from the salaries of elected officials for the purposes provided in this resolution are hereby authorized to be made in the amounts and at such times as may be required by applicable federal and state laws and regulations.

Section 5. Employer contributions shall be paid from amounts appropriated for such purposes and payment of employee and employer contributions shall be paid to the Internal Revenue Service in such amounts and at such times as are designated in Internal Revenue Code.

Section 6. Employees of this governmental subdivision shall maintain such records and submit such reports as may be required by the Public Employees Retirement Association, the Social Security Administration or the Internal Revenue Service.

Section 7. This resolution shall take effect and be in full force from and after its passage

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

Take-A- Kid Fishing

County Auditor/Treasurer, Lorene Hanson met with the board requesting authorization to pay the Take-A-Kid Fishing $600 from the con-con fund as budgeted.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to authorize County Auditor/Treasurer, Lorene Hanson to pay the Take-A-Kid Fishing $600 as budgeted from the con-con fund.

Snowmobile Trails Resolutions

County Auditor/Treasurer, Lorene Hanson met with the board and presented resolutions for legal sponsorship for funding from the State of Minnesota for maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club, Border Trails/TJ Grooming and Lake of the Woods Drifters.

Resolutions

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

Resolution No. 15-04-02

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

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

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

Resolution No. 15-04-03

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Border Trails maintenance of snowmobile trails managed by Border Trails/TJ Grooming.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

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

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

Resolution No. 15-04-04

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Big Traverse maintenance of snowmobile trail managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Social Services

Claims

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

Motion

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

                                                Commissioners’ Warrants          $ 30,596.10

                                                Commissioners’ Warrants          $ 46,308.75

                                                Commissioners; Warrants          $        40.35

MN Department Of Human Services

Chairman Arnesen reviewed the Human Service financial reporting requirements and the timely reports requirements that they received from the Department of Human Services with Social Service Director, Nancy Wendler. The board commended her and her staff on their excellent review.

COUNTY ASSESSOR

County Assessor, Mary Jo Otten met with the board requesting approval to hire Assessment Specialist/Office Manager.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to authorize County Assessor, Mary Jo Otten to hire Assessment Specialist/Office Manager/ at grade 10, points 246, step 1, at $17.34 per hour.

HUMAN RESOURCE

Human Resource Director, Karen Ose met with the board requesting approval to purchase a digital recorder and software for her office.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Moorman and carried unanimously to authorize Human Resource Director, Karen Ose to purchase a digital recorder and software in the amount of $150.

Website Changes

Human Resource Director, Karen Ose met with the board to discuss website changes for a tab for employment opportunities. The board requested that she discuss this with MIS department.

Additional Hours

Human Resource Director, Karen Ose requested authorization to work additional hours when needed, but would not be over the maximum hours per year for a Permanent Part-time employee. The board approved her request.

PUBLIC WORKS DEPARMENT

Public Works Director, Tim Erickson met with the board and presented a resolution for the Clementson Way Side Rest Area. Tim explained that this resolution needs to be passed before the conveyance of the land can be completed.

Resolution

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

RESOLUTION NO. 15-04-05

A Resolution Agreeing that Lake of the Woods County will reserve, perpetuate and maintain any future and/or inplace Trail/Sidewalk on the area known as the Clementson Way Side Rest Area.

WHEREAS, on December 31, 2013 Lake of the Woods County Commissioners approved a letter requesting conveyance of property from the  Minnesota Department of Transportation (“MnDOT”) on said parcel: C.S. 3902 (11=011) 73A Parcel 2; and,

WHEREAS, MnDOT is requesting at the time of purchase, an approved resolution agreeing that the County will reserve, perpetuate and maintain any future and/or inplace trail/sidewalk on this property currently and in the future; and,

WHEREAS, under M. S. 161.44, Subd. 1a of the Bicycle and Pedestrian Facilities-Suitability Checklist, MnDOT is able to satisfy their requirements of selling this site to the County; and,

WHEREAS, the County intends to construct a park within the area known as the Clementson Way Side Rest Area.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF LAKE OF THE WOODS COUNTY, MINNESOTA:

  1. The County will reserve, perpetuate and maintain any future and/or inplace trail/sidewalk on the area known as the Clementson Way Side Rest Area, now and in the future.

            Adopted in April 14, 2015 session of the County Commissioners of County of Lake of the Woods, Minnesota, held this 14th day of April, 2015.

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

HEAD WATERS REGIONAL DEVELOPMENT COMMISSION

HRDC Executive Director, Tim Flathers, Emergency Management Director Jill Olson and DNR Region Staff Fire Management & Enforcement, William J “BJ” Glesener met with the board to review the Northwest Angle Community Wildfire Protection Plan and requesting approval of the plan.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Moorman and carried unanimously to approve the Northwest Angle Community Wildfire Protection Plan and authorize Chairman Arnesen to sign.

MIGHTY DUCKS LEGISLATION

Chairman Arnesen presented a letter of support for the Mighty Ducks legislation SF2002 to support $5 million dollars in the general fund budget for community ice arenas.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to authorize Chairman Arnesen to sign the letter of support for the Mighty Ducks legislation SF 2002,

RECESS

The meeting was called to recess at 10:19 a.m. and reconvened at 10:30 a.m. as follows:

SHERIFF

Permanent Part-time Deputy Sheriff

County Sheriff, Gary Fish met with the board requesting authorization to hire a Permanent Part-time Deputy Sheriff.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to authorize County Sheriff, Gary Fish to hire a Permanent Part-time Deputy Sheriff at grade 12, points 28112, step 1, at 19.45 hour.

Credit Cards

County Sheriff, Gary Fish met with the board requesting authorization to issue county credit cards to Deputy Sheriffs and Emergency Management Director.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Norldof and unanimously carried to authorize Deputy Sheriffs Brad Abby, Joe Morish, Ben Duick, and Emergency Management Director Jill Olson County issued credit cards.

Boat and Water Safety Grant

County Sheriff, Gary Fish met with the board requesting approval to enter into a Water Safety Grant agreement.

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

A RESOLUTION AUTHORIZING THE ANNUAL

BOAT & WATER SAFETY GRANT

Resolution No. 2015-04-06

WHEREAS, under the provisions of M.S.86B.105, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner of Natural Resources; and,

WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties.

NOW, THEREFORE BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2015 through June 30, 2016 in the amount of $6,235.

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

Lake of the Woods Community Arena

Lake of the Woods Community Arena Committee met with the board and presented the plan for the possible construction of a new arena. Member Mike Schulz informed the board of the 5 million dollar gift to construct a new Arena and the projected cost of the project at 7.5 million. Ten (10) acres of land has been purchased from the School in the amount of $1; committee is fund raising for the remaining balance and In- kind services.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a resolution for support the International Joint Commission to create a sustainability plan for Lake of the Woods. The board placed this on the April 28, 2015 board agenda.

COUNTY ATTORNEY

Count Attorney, James Austad met with the board to discuss a HF 1935 relating to religious objection to autopsies in certain cases and the cost associated with the coroner to appear in person at court hearing. The board requested County Attorney to act on this on behalf of the County Board.

CLOSED SESSION

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and unanimously carried to close the regular meeting at 12:20 p.m. and open the closed session pursuant to §MN Stat. 13D.05 subd. 3(b) Attorney-Client Privilege- Wetlands Litigation.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and unanimously carried to close the closed session and open the regular meeting at 1:09 p.m.

Recess

With no further business before the board, Chairman Arnesen called the meeting to recess at 1:09 p.m.

Attest:                                                                                     Approved: April 28, 2015

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Edward Arnesen

County Auditor/Treasurer      

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

Commissioner Proceedings

April 28, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 28, 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 Patty Beckel, Ed Arnesen, Buck Nordlof, Ken Moorman, absent Thomas 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 Nordlof and carried unanimously to approve the agenda with the following additions: grant Agreement, letter of resignation and interim appointment, correction of Main Street in Williams area.

Approval of Consent Agenda

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the consent agenda, travel for Mary JO Ottento St. Cloud for MAAO Summer Seminars on May 20-21 and to Morris for CPU Computer Meeting (CAMA & LC) on May 28th

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of April 14, 2015.

Auditor/Treasurer

Claims

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

Motion

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

                                           Revenue                              $    11,505.56            

                                                Road & Bridge                    $      8,950.12

                                                Co. Develop                        $      1,600.00

                                                Solid Waste                         $         993.61

                                                EDA                                    $           80.00

WARRANTS FOR PUBLICATION

Warrants Approved On 4/28/2015 For Payment 5/1/2015

Vendor Name                                     Amount

Goulet/Roxanne B                                                                            2,653.60

Hasler                                                                                4,000.00

Northern Light Region                                                    2,213.25

  42 Payments less than $2000                                      14,262.44

                Final Total:                                                   $ 23,129.29

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

                                                April 17, 2015                  $   81,841.92

April 17, 2015                  $     5,339.99

NWA AIRPORT GRANT AGREEMENT

County Auditor/Treasurer, Lorene Hanson met with the board requesting the board to enter into a grant agreement with the State of MN, Commissioner of Transportation for airport improvement project for the Preliminary Engineering for the NWA airport. 

Resolution

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

Resolution No. 2015-04-07

Authorization to Execute Minnesota Department of

Transportation Grant Agreement for Airport Improvement

Excluding Land Acquisition

It is resolved by the County of Lake of the Woods as follows:

  1. That the state of Minnesota Agreement No. 1000365 “Grant Agreement for Airport Improvement Excluding Land Acquisition for State Project No. A3902-02 at the North West Angle Airport is accepted.
  2. That Chairman, Edward Arnesen and County Auditor/Treasurer, Lorene Hanson is authorized to execute this Agreement and any amendments on behalf of the County of Lake of the Woods.

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

Social Services

Claims

Social Services Director, Nancy Wendler 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          $ 10,889.36

                                                Commissioners’ Warrants          $ 33,439.46

Resolution

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

Resolution No. 15-04-08

Request for Proposals for Health Care Services

WHEREAS, the Minnesota Department of Human Services has published a Request For Proposals to provide health care services to recipients of Medical Assistance and MinnesotaCare in 87 Minnesota counties including Lake of the Woods and

WHEREAS, the Minnesota Department of Human Services has requested County evaluations and recommendations regarding the RFP proposals from each respective county; and

WHEREAS, Blue Cross/Blue Shield, Medica, and UCare submitted proposals to provide managed health care services in Lake of the Woods County and

WHEREAS, representatives of Lake of the Woods County Social Services have reviewed and evaluated the proposals; and

WHEREAS, Blue Cross/Blue Shield, Medica, and UCare have submitted proposals suitable to meet our needs

THEREFORE, BE IT RESOLVED that the Lake of the Woods County Board of Commissioners supports the recommendation of Lake of the Woods County Social Services approving BlueCross/Blue Shield, Medica, and UCare as Managed Care Organization(s) (MCO(s)) providing managed health care services in Lake of the Woods County.

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

Child Abuse and neglect Prevention Month

Social Service Director, Nancy Wendler met with the board and informed the board that the Commissioner of the Minnesota, Department of Human Services, proclaims the month of April, 2015 as Child Abuse and Neglect Prevention Month.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a resolution for support the International Joint Commission to create a sustainability plan for Lake of the Woods.

Resolution

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

Resolution No. 15-04-09

Support for a Comprehensive Plan to Create a Sustainability Plan for Lake of the Woods

WHEREAS, the health and sustainability of Lake of the Woods is of vital importance to the social and economic sustainable development of Lake of the Woods County;

WHEREAS, the Minnesota Pollution Control Agency has placed Lake of the Woods on its list of impaired waters (2008 303[d] list);

WHEREAS, due to concerns about  water quality of the Lake of the Woods Basin and the economic, recreational and human health threats posed by the widespread blue-green algal blooms and associated toxins and the threats of invasive species, U.S. and Canadian federal governments requested an action plan from the International Joint Commission (IJC).

WHEREAS, the IJC responded with a comprehensive Plan of Study outlining 32 projects necessary to create a sustainability plan for Lake of the Woods, including reducing nutrient pollution and harmful algal blooms, managing aquatic invasive species, and establishing a coordinated bi-national monitoring approach; said Plan of Study was submitted by the IJC to the U.S. State Department and to the Canadian Department of Foreign Affairs, Trade and Development in January 2015;

WHEREAS, the IJC is awaiting response and direction from the U.S. State Department and the Canadian Department of Foreign Affairs, Trade and Development about the Plan of Study and how it would be executed and funded;

WHEREAS, agencies engaged in water quality research and resource management (at the federal, provincial, state, local and non-governmental levels), are waiting for a response; the summer research season is approaching and a timely response could permit the projects to begin, without another year’s delay;

NOW THEREFORE, BE IT RESOLVED : that, the Lake of the Woods County Board of Commissioners hereby supports the IJC’s recommendation that governments undertake all thirty-two projects in the Plan of Study;

That, a copy of this resolution shall be forwarded to the State of Minnesota, the U.S. Department of State, and the Lake of the Woods Water Sustainability Foundation

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

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board and reviewed the 911 Policy and requesting approval.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the 911 Policy for Uniform Addressing System as presented,

Main Street Williams Area

The board discussed the two main street addresses; one in the City of Williams and one on the outskirt of the city and the need for a change in the street name outside the city limits due to 911 concerns. The 911 committee will research and come up with a resolution.

Easement Vacation

Public Works Director, Tim Erickson and Pat LaValla discussed an easement vacation with the board and the process of the vacation.

Resignation

Public Works director informed the Board the Jeff Pelland, Maintenance Supervisor resigned from his position effective May 8, 2015; and that he appointed Mike Anderson, as the interim maintenance supervisor until the position is filled and requested $250 per pay period for his additional duties.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to authorize payment of $250 per pay period to interim Maintenance Supervisor Mike Anderson effective April 27, 2015 until position is filled.

CORRESPONDENCE:

Letter from Representative Hancock on Mighty Ducks legislation; Great Northern Transmission line meeting.

COMMITTEE REPORTS

Commissioner Beckel- Airport Meeting, Legacy Funding Meeting

Commissioner Moorman- NC Board of Health

Recess

With no further business before the board, Chairman Arnesen called the meeting to recess at 10:55 a.m.

Attest:                                                                                     Approved: May 12, 2015

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Edward Arnesen

County Auditor/Treasurer      

April, 2014

April 22, 2014

Commissioner Proceedings

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 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 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 Hanson to approve the agenda with the following additions: Land and Water Planning, Emergency Management. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Arnesen to approve the consent agenda as follows: travel for Stacy Novak to St. Paul for MCCC Tax Advisory committee on April 30-May 1; Jo Thoreson to Brainerd for Clerical Conference on May 7-9. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Moorman to approve the minutes of March 25, 2014 regular meeting with changes. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Amend Agenda

Motion

Motion was made by Commissioner Arnesen to amend the agenda and add Veterans Grave Markers. 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                              $      50,438.51          

                                                Road & Bridge                     $      15,248.62

                                                County Development           $           200.00

                                                Natl Resc Enhanc                $         4,970.00 

                                                Solid Waste                         $       15,282.40

                                                EDA                                    $         4,305.75  

                                                                                  90,445.28                               

WARRANTS FOR PUBLICATION

Warrants Approved On 4/22/2014 For Payment 4/25/2014

Vendor Name                                                                      Amount

Andy’s Garage, Inc.                                                         3,686.32

Cenex Co-Op Services, Inc.                                         12,393.75

Klein McCarthy & Co, Ltd, Architects                           22,884.41

LOW County Treasurer                                                  5,665.79

Mar-Kit Landfill                                                                 9,922.50

Northern Light Region                                                    2,297.07

Northwest Mn Multi-County Hra                                     5,000.00

Rinke-Noonan                                                                 5,170.00

Sandpieper Design LLC                                                3,000.00

63 Payments less than 2000   20,425.44

Final Total:  90,445.28

April 8, 2014                   $     5,368.18

April 15, 2014                 $     5,409.48

April 15, 2014                 $    68,952.23

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

Land Sale

County Auditor/Treasurer, Mark Hall met with the board and requested authorization to approve the following additional tax forfeited parcels to the 2014 Land Sale:

East Graceton: .72 acre tract, Block 3, Lots 1-9; .17 acre tract , Block 4, Lots 1-2; 1.15 acre tract, Bloc 4, Lots 14-13; .21 acre tract, Block5, Lots 15-18; .97 acre tract, Block 6, Lots 13-24.

Freeman’s 1st Addition East Graceton: .24 acre tract, Block 2, Lots 1-2; .78 acre tract, Block 4, Lots 14-20

Bonne Township:

The SE1/4SE1/4, Section 5, Township 159 North, Range 31 West. Less SE1/4SE1/4SE/4, Township 159N, R-31, Section 5;

Resolution

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

TAX FORFEITED LAND

RESOLUTION NO. 14-04-04

WHEREAS; the County Board of Commissioners of the County of Lake of the Woods, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non-payment of taxes, and;

WHEREAS, said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01.;

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby certify that all parcels of land on the attached list have been viewed and comply with the provisions of Minnesota Statutes 85.012; 92.461; 282.01, subd. 8; and 282.018; and other statutes that require the withholding of tax-forfeited lands from the sale;

BE IT FURTHER RESOLVED; that the Lake of the Woods County Board of Commissioners hereby request approval from the Minnesota Department of Natural Resources for the sale of said lands.

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

James Nordlof                                     x

Kenneth Moorman                              x

Edward Arnesen                                 x

Patricia Beckel                                    x         

The resolution was seconded by Commissioner Moorman 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          $   10,793.40

                                                Commissioners’ Warrants          $   28,760.78

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

Mental Health Grants

Social Service Director, Nancy Wendler met with the board and updated them on the Children’s and Adult Mental Health grants that the county will receive.

Human Resources

Human Resource Assistant, Dena Pieper met with the board to update them on their request discuss the Human Resources vacancy. Dena informed the board that James Austad, newly hired County Attorney agreed to complete the job descriptions  when he starts in May ; Dena also informed the board that Attorney, Michelle Moren could do some Human Resources work for the county, but it would be at her county rate of $150 per hour.  

Veterans Services

Commissioner Hanson informed the board that he just heard from Veteran Service Officer, Rick Rone in regards to the Veterans Grave Markers and that the VFW and American Legion will donate $500 each and the county to donate $1,000, which would give enough funding to replace the markers.

Motion

Motion was made by Commissioner Hanson to contribute $1,000 toward the Veterans Grave Markers, with the funding from the unallocated account with matching funds of $500 each from the VFW and the American Legion. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Committee Reports

Commissioner Hanson informed the board of the Snowmobile meeting that he attended in Macintosh and the clubs will receive there fourth (4) bench mark payment this year and that the state will be adding length and width to the definitions of what qualifies as a snowmobile.  Commission Beckel informed the board that the nuisance beaver committee met and discussed funding, and that MN Statues does allow the road authority to take care of nuisance beavers.

RECESS

The meeting was called to recess at 9:53 a.m. and reconvened at 10:00 a.m. as follows:

DNR

Northwest Regional Director, Greg Nelson and Former Senator, Bob Lessard met with the board to discuss the DNR Strategic Land Asset Management Plan. Greg also informed the board that the State will draw up a no fee lease agreement on the State Land that the county is looking at for the possible construction of an Airport at the NWA to do boring samples. The board also discussed the transfer of the Clementson Property to the county from the State for a county public park. Bob Lessard would like a memo sent to him on the history and the steps that the county has gone through so far for the transfer of the property.

PUBLIC WORKS

Mowers

Assistant Engineer, Boyd Johnson met with the board requesting authorization to purchase two mowers as budgeted, in the amount of $19,500.

Motion

Motion was made by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to purchase two (2) mowers, as budgeted in the amount of $19,500. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. 

ROAD TOUR

Assistant Public Works Director, Boyd Johnson met with the board to set a date for the annual Road Tour. The board set May 22, 2014 at 7:30 a.m. for the tour.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and informed the board that the wetland meeting he was to attend was changed now to May 4-5 in St. Paul, which he will be attending.

PUBLIC HEARING- SYNTHETIC DRUG ORDINANCE

Motion

Motion was made by Commissioner Hanson to close the regular meeting at 11:02 a.m. and open the public hearing for consideration of adoption of a synthetic drug ordinance. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Chair Beckel reviewed two (2) Synthetic Drug Ordinance; one which is totally banning the sale, possession, transfer or manufacture of synthetic drugs and the other being regulating synthetic drugs establishment and the sale of. County Attorney, Michelle Moren discussed the pros and cons of each ordinance.   

Motion

Motion was made by Commissioner Moorman to close the public hearing at 11:24 a.m. and open the regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Ordinance

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

THE COUNTY BOARD OF LAKE OF THE WOODS COUNTY ORDAINS:

Ordinance Banning the Sale, Possession, Transfer, or Manufacture of Synthetic or Alternative Drugs

Lake of the Woods County

Ordinance Number 2014-04-05

Sale, Possession, Transfer, Manufacture of Synthetic or Alternative Drugs

  1. WHEREAS, new substances are being created which are being used for recreational purposes and as an alternative to otherwise regulated controlled substances banned at the State and Federal levels; and,
  2. WHEREAS, many of these substances can be designed to produce a desired pharmacological effect and have the potential for abuse similar to or greater than that of controlled substances; and,
  3. WHEREAS, Counties authorities have encountered these substances in products being sold and used in the County’s limits; and,
  4. WHEREAS, the uncontrolled importation, manufacture, distribution, possession, and use of these substances have a substantial and detrimental impact on the health and safety of the residents and visitors of the Lake of the Woods County; and,
  5. WHEREAS, these substances can be created more rapidly than they can be identified and controlled by action of the Federal and State Legislature; and,
  6. WHEREAS, these substances are sold in many different forms including loose, leafy, granular, powder, crystalline, tablet, and/or liquid forms; and,
  7. WHEREAS, such products are known under many names in order to avoid detection and identification, and are labeled as incense, herbal incense, herbal potpourri, psychoactive herbal incense, herbal blends, bath salts, psychoactive bath salts, bath additives, synthetic marijuana, synthetic drug, synthetic hallucinogens, and other names and purchased by consumers for the purpose of ingestion notwithstanding any markings on the packaging to the contrary; and,
  8. WHEREAS, such products may be as or more dangerous to humans than controlled substances according to the Drug Enforcement Administration (DEA) due to the unapproved, unknown, and ever-changing nature of the chemical compounds they contain; and,
  9. WHEREAS, it is therefore the will of the Lake of the Woods County Board to provide for a prohibition on the sale, possession, transfer, manufacture, and use of these substances as defined by these ordinances and to provide for the enforcement thereof and in the best interest of the public’s health, safety, and general welfare.

PROHIBITIONS

  1. A person is guilty of a violation of this ordinance if they sell, possess, transfer, or manufacture any substance or product containing any quantity of synthetic or alternative drug as defined under this ordinance.
  2. All substances made unlawful by this ordinance shall constitute contraband, subject to immediate seizure by law enforcement and shall be destroyed upon a conviction for a violation of this ordinance.
  3. The substances defined in this ordinance shall not include medications or substances for which the possessing party holds a valid prescription or beer, wine, or intoxicating liquors as defined by local, State, and Federal laws.
  4. Products commercially available and sold which have common, proven, and lawful uses under local, State, and Federal law shall not be deemed unlawful by this ordinance. Such examples are prescription and over the counter medications, health supplements where the ingredients are listed on the packaging, food and drink products, etc.
  5. In addition to the definitions provided in this ordinance, the following additional factors shall be considered in making the determination if a substance is unlawful under this ordinance:
    1. Scope of legitimate uses of the product.
    2. Physical and testimonial evidence provided by officers and prosecutors regarding known uses of the product.
    3. Statements made by persons selling, possessing, and using the product.
    4. Availability of the product to include types and number of area businesses selling it.
    5. The ratio of the price of the product compared to the quantity sold.
    6. The proximity of the product in relation to devices used to ingest or consume controlled substances.

DEFINITIONS

  1. Sale/Transfer: to offer for sale, to advertise for sale, to sell, to distribute, to furnish, to transfer, to barter, or to exchange to any person or entity with or without an exchange of compensation or service.
  2. Possession: to possess on one’s own person or possession by a person exercising dominion or control over the immediate area where contraband is found whether in a vehicle, vessel, container, dwelling, building, or other structure, whether upon public or private property.
  3. Manufacture: to complete, blend, formulate, package, repackage, or develop by any means any substance made unlawful by this ordinance.

4.  Synthetic / Alternative Drug means:

  1. Any of the following:
    1. Any substance containing a synthetic cannabinoid, stimulant, psychedelic, depressant, or hallucinogenic; or,
    2. Salvia Divinorum or any substance known by this name or any version of this name; or,
    3. Substances described as herbal blends, botanical blends, botanical sachet, herbal sachet, herbal potpourri, herbal incense, spice, salts, or any blend or combination of these, regardless of it the substance is marketed as “not for human consumption” which if ingested causes intoxication, euphoria, giddiness, paralysis, irrational behavior, or in any manner changes, distorts, or disturbs the auditory, visual, or mental process; or,
    4. Any substance defined in subsequent portions of this ordinance; or,
    5. Any substance which has a stimulant, depressant, psychedelic, psychotropic, or hallucinogenic effect on the body that is substantially similar to or greater than that of any controlled substance or unlawful drug; or,
    6. Any substance marked or packaged under any name listed in Appendix A of this ordinance.
  2. Synthetic Stimulant means:
    1. A product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects, especially where those products are in a powder, crystal, or granular form, including but not limited to the following:
      1. 3,4-Methylenedioxymethcathinone (Methylone)
      2. 3,4-Methyenedioxypyrovalerone (MDPV)
      3. 4-Methylmethcathinone (Mephedrone)
      4. 4-Methoxymethcathinone (Methedrone)
      5. 4-Fluoromethcathinone (Flephedrone)
      6. 3-Fluoromethcathinone (3-FMC)
      7. Naphthylpyrovalerone
      8. 2-amino-1-phenyl-1-propanone (Cathinone)
  3. Synthetic Stimulants, despite their labeling, are commonly identified by being sold in small packets, tubs, and vials, packaged under various retail names, often identified as bath salts, plant food, fertilizer, insect repellant, etc, and are usually powder or granular in form, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this ordinance, such products are unlawful.
  4. Synthetic Stimulants, often referred to as “Bath Salts” are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item”, or similar disclaimer. Refer to Appendix A for a listing of commercial names commonly used to advertise and portray these substances.
  5. Synthetic Stimulants, as defined in this ordinance, shall exclude normal, typical bath salts and bath additives which do not contain synthetic chemical compounds listed herein that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts), sodium chloride (table salt), sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon), amorphous/glassy sodium metaphosphate, sodium sesquicarbonate, and borax.
  6. Synthetic Marijuana / Synthetic Cannabanoids / Herbal Smoking Product means:
    1. A natural or man-made substance that elicits psychoactive or psychotropic euphoric effects, or, a natural or man-made compound that functions similar to the active ingredient in Marijuana (tetrachydrocannabinol “THC”) including, but not limited to any quantity of a synthetic material, compound, mixture, preparation, substance, and their analogs (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, regardless of whether the substance is marketed for the purpose of being consumed, including any of the following:
      1. 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent
      2. 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
      3. 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
      4. 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent
      5. 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent
      6. 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497)
      7. 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog)
      8. 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678)
      9. 1-butyl-3-(1-naphthoyl)indole (JWH-073)
      10. 1-hexyl-3-(1-naphthoyl)indole (JWH-019)
      11. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200)
      12. 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250)
      13. 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081)
      14. 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122)
      15. 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398)
      16. 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201)
      17. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694)
      18. 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4)
      19. 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8)
      20. 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203)
    2. Herbal Smoking Products, despite their labeling, are commonly identified by being sold in small packets containing natural or man-made substances, packaged under various retail names, identified as herbal potpourri, herbal sachet, herbal aromatherapy, etc, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this ordinance, such products are unlawful.
    3. Synthetic Marijuana / Synthetic Cannabanoids / Herbal Smoking Product are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item”, or similar disclaimer. Refer to Appendix A for a listing of commercial names commonly used to advertise and portray these substances.
    4. Synthetic Marijuana / Synthetic Cannabanoids / Herbal Smoking Product shall exclude typical, standard incense and potpourri that is sold as incense sticks, oils, or cones that is commonly used for their aromatic qualities and do not contain any synthetic chemical compounds, do not provide a prohibition against ingestion, and do not elicit psychoactive or psychotropic euphoric effects.
  7. Synthetic Psychedelics / Hallucinogens means:
    1. A substance that mimics the effects of any Federally or State controlled substance, including but not limited to, any natural or man-made substance, compound, mixture, preparation, or is laced with a synthetic chemical compound that elicits a psychedelic/hallucinogenic effect including but not limited to the following:
      1. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E)
      2. 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
      3. 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
      4. 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
      5. 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2)
      6. 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)
      7. 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)
      8. 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N)
      9. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)
    2. Synthetic Psychedelics / Hallucinogens, despite their labeling, are commonly identified by being sold in small packets, tubs, or vials and are often in tablet, capsule, and liquid form and packaged under various retail names, sold without a listing of ingredients, and often sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this ordinance, such products are unlawful.
    3. Synthetic Psychedelics / Hallucinogens are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item”, or similar disclaimer. They may also be marked in a consumable pill form under various names. Refer to Appendix A for a listing of commercial names commonly used to advertise and portray these substances.
  8. Salvia Divinorum / Salvinorum means all parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts.

Enforcement and Criminal Penalty: whereas the Lake of the Woods County deems synthetic and alternative drugs dangerous and detrimental to the citizens, guests and fabric of the community of Lake of the Woods, It bans the sale, possession, transfer and or manufacturing of synthetic drugs or alternative drugs. A violation will be considered a misdemeanor and punishment up to ninety (90) days in jail and/or $1,000 fine.

 Severability

If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Appendix A

Substances described in this ordinance and distributed under the commercial/retail names contained in this Appendix shall be deemed to be unlawful and a synthetic drug, especially if they are packaged in a manner that indicates the product is “not for human consumption” or if it fails to disclose the products ingredients. Products commercially sold under similar or like names which have common, proven and lawful uses and which list their ingredients and directions for use shall not be deemed unlawful under this ordinance.

#-      8-BALL, 251, 2C-1

A-     AFGAN BLACK, AM-HI-CO (ALL TYPES), APHRODISIA, ATOMIC BOMB, AZTEC GOLD, AZTEC MIDNIGHT WIND TEZCATLIPOCA

B-     BACK DRAFT, BAD 2 THE BONE, BANANA CREAM NUKE, BATH SALT, BAYOU BLASTER, BIGDADDY, BLACK DIAMOND, BLACK MAGIC SALVIA, BLACK MAMBA, BLISS (ALL TYPES), BLIZZARD, BLUE SILK, BLUEBERRY HAYZE, BLUEBERRY HAZE, BOMBAY BLUE, BONZAI, BROMO-DRAGONFLY, BUZZ

C-     C3, C4, C4 HERBAL INCENSE, CANEFF, CHARGE PLUS, CHERRY BOMB, CHILL X, CHRONIC SPICE, CILL OUT, CITRUS, CLOUD 9, COLORADO CHRONIC

D-     DA BLOCK, DARK NIGHT II, DEMON, DEVIL EYE, DEX, DIAMOND SPIRIT, DOVES, DRAGON SPICE, D-RAIL, DREAM, DYNATMITE N-R-G

E-     EARTHQUAKE, ERUPTION SPICE, EUPHORIA, EXOTIC ULTRA, EXSES, EX-SES PLATINUM (ALL TYPES), EX-SES GOLD PLUS, EXTREME SPICE

F-     FAKE WEED, FERTILIZER, FIRE BIRD ULTIMATE STRENGTH CINNAMON, FOREST HUMUS, FREEDOM, FULLY LOADED, FUNKY MONKEY XXXX

G-     G FOUR, G GREENIES CARAMEL CRUNCH, GENIE (ALL TYPES), GLASS CLEANER, GENIE, GOLD SPIRIT SPICE, GREEN MONKEY CHRONIC SALVIA, GREENIES STRAWBERRY, GROW

H-     HEAD RUSH ULTRA, HEAVEN IMPROVED, HEAVENSCENT SUAVE, HERBAL ECSTASY, HIOCTANE, HUMBOLDT GOLD, HURRICANE, HUSH, HYPER X ULTRA

I-     ICE BUD, IVORY (ALL TYPES)

J-     JAMAICAN GOLD, JOKER

K-     K ROYAL, K1 (ALL TYPES), K2 (ALL TYPES), K3 (ALL TYPES), K4 (ALL TYPES), KIND SPICE, KW ORISHA MAX, KUSH

L-     LEGAL EAGLE (ALL TYPES), LEGAL PHUNK, LOVE POTION 69, LEGAL (ALL TYPES), LEGAN ECSTASY, LEGAL METH, LOVE STRAWBERRY, LUNAR DIAMOND, LUNAR WAVE

M-     MAGIC DRAGON PLATINUM, MAGIC GOLD, MAGIC SILVER, MAGIC SPICE, MAYA BLUE, MEGA BOMB, MELLOMAN, MELLOW MADNESS 1A, METHOXETAMINE, MID-ATLANTIC EXEMPLAR (ALL TYPES), MIDNIGHT CHILL, MIND BLISS, MNGB ALMOND/VANILLA, MNGB (ALL TYPES), MOE JOE FIRE, MOJO (ALL TYPES), MR. SMILEY’S, MTN-787, MYSTERY NATURAL ECSTASY, NATURAL LSD, NAUGHTY NIGHTS, NEUTRONIUM, NEW IMPROVED K3 (ALL TYPES), NEW K3 (ALL TYPES), NEW-KRON BOMB, NITRO, NUMBER ONE CHOICE (ALL TYPES)

 N –   NATURAL LSD, NAUGHTY NIGHTS, NEUTRONIUM, NEW IMPROVED K3 (ALL TYPES), NEW K3 (ALL TYPES), NEW-KRON BOMB, NITRO, NUMBER ONE CHOICE (ALL TYPES)

   OCEAN BLUE, OCEAN BURST (ALL TYPES)

 O –   OCEAN BLUE, OCEAN BURST (ALL TYPES)

 P –    P.E.P. POTPOURRI (ALL TYPES), PARADISE, PINK LOTUS, PINK TIGER, PIXIE DUST, PLANT FOOD, POSH, POTPOURRI (ALL TYPES), POW, PULSE, PUMP IT POWDER, PURE IVORY, PURPLE WAVE

 Q –    QUICK SILVER

       R –      RADIOACTIVE, RASTA CITRUS SPICE, REBEL SPICE, RECHARGE (ALL TYPES), RED, RED BIRD, RED DOVE, RED DOVES

         S -S1. SWERVE, SAMURAI SPIRIT, SATIVAH, SCARFACE, SCOPE (ALL TYPES), SENCE, SERENITY (ALL TYPES), SEX INTENSE, SEXTACY (ALL TYPES), SHAMANTRANCE, SHANTI SPICE (ALL TYPES), SILENT BLACK, SKINK, SMOKE, SMOKE PLUS,SNOW LEOPARD, SOLAR STAR GOLD, SPACE (ALL TYPES), SPACETRIPS, SPEED FREAK, SPICE (ALL TYPES), SPICERY (ALL TYPES), SPICEY XXX (ALL TYPES), SPICYLICIOUS, SPICE 99 (ALL TYPES), SPIKE 99 (ALL TYPES), SPIKE (ALL TYPES), STARDUST, STARRY NIGHT, STINGER, SUMMER SKYY, SUPER KUSH, SUPER SUMMIT, SWAGGER GRAPE, SYN (ALL TYPES)

T-   TEXAS GOLD, TIME WARP, TNT, TRIBAL WARRIOR (ALL TYPES),     TRANQUILITY

U-       ULTRA CLOUD 10, UNKNOWN CIGARETTE, UTOPIA (ALL TYPES)

V-       V8, VANILLA SKY, VOO DOO (ALL TYPES)

 W –   WHITE (ALL TYPES), WHO DAT (ALL TYPES), WICKED X, WILD OPIUM, WINDER BOOST, WINDOW CLEANER, WOOD STOCK

X-      XTC, X-TRACY ULTRA

Y-       YUCANTAN FIRE, YUCATAN FIRE

Z-       ZOMBIE WORLD, ZOOM

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

EFFECTIVE DATE:

This ordinance shall take effect May 1, 2014.

Lake of the Woods County

 Patricia Beckel, Chair                                                                 Mark E. Hall, Auditor/Treasurer                

EMERGENCY MANAGEMENT

ARMER RADIO

Emergency Management Director, Nina Husbands met with the board requesting authorization to move forward with ARMER Radio Participation Plan for funding.

Motion

Motion was made by Commissioner Nordlof to authorize County Sheriff, Gary Fish and Emergency Management Director, Nina Husbands to move forward with the ARMER Participation Plan for funding of ARMER. 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 11:40 a.m. and reconvened at 1:05 p.m. as follows:

PUBLIC HEARING- Larson Road Vacation

Motion

Motion was made by Commissioner Nordlof to close the regular meeting at 1:05 p.m. and open the Public Hearing for Larson Road Vacation. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Chair Beckel welcomed Attorney Richard Lee, David Larson, County Surveyor, Donn Rasmussen and County Attorney Michelle Moren to the public hearing.

County Attorney, Michelle Moren requested from Attorney Richard Lee the affidavits of postings for the public hearing and the acknowledgment of receipts of services of notice of road vacation hearing. County Board reviewed the Resolution of Vacating the Town Road, Release of Damages and the Agreement between David L. Larson and Joanna C. Larson; Charles C. Tews and Paul F. Tews.

Motion

Motion was made by Commissioner Arnesen to close the Public hearing at 1:14 p.m. and open the regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Resolution

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

RESOLUTION VACATING A TOWN ROAD

2014-04-06

WHEREAS, the Lake of the Woods County Board of Commissioners received a petition calling for the vacation of the following described road pursuant to Minn. Sat.  164.07

TRACT A (Roadway to be vacated):

Beach Avenue and those portions of, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie northwesterly of the following described line: Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7,  Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

WHEREAS, said petition was signed by not less than eight voters of the town who own real estate, or occupy real estate under the homestead or preemption laws as or under contract with the state, within three miles of the road:

WHEREAS, the road passes over the following described tracts of land in Lake of the Woods County, Minnesota, owned by the following named owners:

Owners

Description of Land

David L. Larson                                              2568 River Lane NW                               

            and Joanna C. Larson                                     Baudette, MN 56623                                                 

Charles C. Tews                                              2576 Lake Lane NW                                 

            Paul F. Tews                                                   Baudette, MN 56623                                

WHEREAS, the County Board conducted a public hearing on the Petition on the 28th          day of January 28, 2014 at 1:00 p.m., after personal and posted notice provided by the Petitioners pursuant to Minn. Stat. §164.07, subd. 2, and published noticed provided by the County Board;

WHEREAS, the County Board conducted a continuance of the public hearing on the Petition on April 22, 2014 at 1:00 p.m.,  after personal and posted notice provided by the Petitioners pursuant to Minn. Stat. § 164.07, subd. 2 and published noticed provided by the County Board;

WHEREAS, the Petitioners presented the County Board with affidavits at this hearing as proof that the required notice was given;

WHEREAS, the County Board examined the road, heard the interested parties, and considered the matter;

WHEREAS, the County Board determined that the petitioned for action is consistent with the public interest;

WHEREAS, the County Board has examined the ditches lateral to the road and determined that said ditches are not essential for surface drainage or adjacent lands or highways in support of the general health and welfare of the public;

WHEREAS, the owners listed in Appendix A have released in writing all claims for damages from such vacation;

WHEREAS, the Owners listed in Appendix B have reviewed the agreement with the Lake of the Woods County   board ascertaining their damages for the vacation of the road;

NOW, THEREFORE, BE IS RESOLVED, that the Lake of the Woods County Board, Minnesota hereby vacates a town road legal described as follows:

Beach Avenue and those portions of, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie northwesterly of the following described line: Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7,  Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board Chair and County Auditor/Treasurer, are hereby authorized and directed to execute and record the road order vacating said road and to record the same with the county recorder of Lake of the Woods County;

BE IT FURTHER RESOLVED, that the County Board hereby approves the Agreement entered into between, David L. Larson, Joanna C. Larson, Charles C. Tews, and Paul F. Tews, a copy of which is attached hereto and incorporated herein by reference with the intent and effect that the County Board shall be bound by the Agreement.

BE IT FINALLY RESOLVED, that the County Auditor/Treasure is authorized and directed to provide a copy of this resolution to each of the affected owners listed above.

Adopted this 22nd day of April, 2014 by the following vote:

BOARD OF COMMISSIONERS                             YES                            NO

Commissioner Beckel                                                 x

Commissioner Arnesen                                               x

Commissioner Moorman                                             x

Commissioner Hanson                                                x

Commissioner Nordlof                                               x         

APPENDIX ‘A’

RELEASE OF DAMAGES

WHEREAS, the Lake of the Woods County Board of Commissioners, of Lake of the Woods County, Minnesota has undertaken the procedure set out in Minn. Stat. § 164.07 to vacate the following described road:

Beach Avenue and those portions of, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie northwesterly of the following described line: Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7,  Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

WHEREAS, said vacation will benefit the property owners adjacent to the road by eliminating the encumbrance of an unneeded public road easement from the property;

NOW, THEREFORE, we Lake of the Woods County Board of Commissioners and David L. Larson and Joanna C. Larson; Charles C. Tews and Paul F. Tews, being the owners of the parcels of land in the Wheelers Point Township, Lake of the Woods County, Minnesota, and more particularly described as:

Beach Avenue and those portions of, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie northwesterly of the following described line: Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet

along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7, Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

Hereby waive and release all claims to damages sustained by us from the vacation of the above described road which runs through our land.

AGREEMENT REGARDING THE DIVISION OF VACATED PROPERTY

     THIS AGREEMENT, is made this 20th day of April, 2014, between David L. Larson, Joanna C. Larson, Charles C. Tews, and Paul F. Tews hereinafter referred to as Owners.

     WHEREAS, the Owners own real property in Lake of the Woods County, Minnesota, more particularly described as follows:

Lot 1, Block 1, Plat of Harris Addition and Lot 7, Block 1, Wheeler’s Point, according to the recorded plat thereof.   

     WHEREAS, the Lake of the Woods County has undertaken the procedure contained in M.S. § 164.07 to vacate the following premises:

Beach Avenue and those portions of, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie northwesterly of the following described line: Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7, Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

     WHEREAS, said road passes between the Owner’s above described property.

     WHEREAS, the described vacated premises has been divided into two parcels known as TRACT A1 and TRACT A2 as shown and described in the Attached Certificate of Survey.

     WHEREAS, TRACT A1’s legal description is as follows:

Those portions of Beach Avenue, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie northwesterly and southwesterly of Lot 7, Block 1, said WHEELER’S POINT and which lie northwesterly of Line 1 described below and which lie easterly of Line 2 described below:

LINE 1:

Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7, Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

LINE 2:

Commencing at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 459.65 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to the point of beginning of the line to be described; thence North 26 degrees 28 minutes 39 seconds West 61.29 feet; thence North 29 degrees 30 minutes 59 seconds East 123 feet, more or less, to the shore of Four Mile Bay, Lake of the Woods and said line there terminating.

     WHEREAS, TRACT A2’s legal description is as follows:

Those portions of Beach Avenue, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie southeasterly of Lot 1, Block 1, HARRIS ADDITION, according to the plat thereof on record in said Recorder’s office and which lie northwesterly of Line 1 described below and which lie westerly of Line 2 described below:

LINE 1:

Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7, Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

LINE 2:

Commencing at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 459.65 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to the point of beginning of the line to be described; thence North 26 degrees 28 minutes 39 seconds West 61.29 feet; thence North 29 degrees 30 minutes 59 seconds East 123 feet, more or less, to the shore of Four Mile Bay, Lake of the Woods and said line there terminating.

     WHEREAS, the Owners shall take TRACT A1 and TRACT A2 subject to ROAD EASEMENT.

     WHEREAS, ROAD EASEMENT’s legal description is as follows:

A 20.00 foot wide easement for ingress and egress, the center line of which is described as follows: Commencing at the southwest corner of Block 3, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 459.65 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to the point of beginning of the line to be described; thence North 26 degrees 28 minutes 39 seconds West 61.29 feet; thence North 60 degrees 29 minutes 01 seconds West 20.00 feet to the southeasterly line of Lot 1, Block 1, HARRIS ADDITION, according to the plat thereof on record in said Recorder’s office and said line there terminating. The side lines of said easement shall be prolonged or shortened to terminate at said northeasterly extension of the northwesterly line of River Drive and at said southeasterly line of Lot 1.

     NOW, THEREFORE, the Owners agree as follows:

  1. The Owners agree and request that the Lake of the Woods County Board adopt a Resolution and Order vacating the above described roads and reverting the above described roads to David L. Larson, Joanna C. Larson, Charles C. Tews, and Paul F. Tews, the abutting owners of the vacated roads.
  2. The Owners agree and request that David L. Larson and Joanna C. Larson be granted TRACT A1 in fee simple absolute subject to ROAD EASEMENT and agree to be subject to the Resolution and Order adopted by the Lake of the Woods County Board vacating the above described roads and reverting said roads as set forth in this Agreement.
  3. The Owners agree and request that Charles C. Tews and Paul F. Tews be granted TRACT A2 in fee simple absolute subject to ROAD EASEMENT and agree to be subject to the Resolution and Order adopted by the Lake of the Woods County Board vacating the above described roads and reverting said roads as set forth in this Agreement.
  4. That if the Lake of the Woods County Board does adopt the Resolution and Order as described above, the owners agree to abide by it.

     Dated this 22 day of April, 2014

                  David L. Larson                          Joanna C. Larson

                  Charles C. Tews                         Paul F. Tews

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

CLOSED SESSION

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

RESOLUTION CLOSING BOARD MEETING

2014-04-07

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, ANIP Acquisition Company vs. County of Lake of the Woods, Case No. 39-CV-12-86 and 39-CV-13-116 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 Board seeks to meet with its attorney, to discuss the pending lawsuit; 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 at 1:18 p.m 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, and any settlement proposals which may be made by or responded to by the Lake of the Woods County Board.

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

The following were present at the closed session: Commissioners Arnesen, Beckel, Moorman, Hanson and Nordlof. Also preset, Count Attorney, Michelle Moren and County Assessor, Mary Jo Otten.

Motion

Motion was made by Commissioner Hanson to close the closed session and open the regular meeting at 1:36 p.m.

ANI

The board agreed  to offer to stipulate a value of $1,520,000 for payable 2012, 2013 and 2014 on parcel #60.51.05.010 (main facility) owned by ANIP and located at 210 Main St W, and a value of $610,000 for payable 2012, 2103 and 2014 on parcel #64.10.11.050 (hormone plant), owned by ANIP  and located at 455 IDC Rd SW. The values were established by the appraisal that was done for the County in response to the Tax Court Petition filed by ANIP for tax years 2012, 2103, & 2014.

MOTION

Motion was made by Commissioner Arnesen to accept the appraised values of $1.52 million for the Main Facility and $610,000 for the Hormone Plant for tax years 2012, 2103 and 2014 and to proceed with the tentative agreement between ANIP and the County for the difference in valuation for tax years 2012, 2013 and 2014. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried, with Commissioner Nordlof abstaining from voting.

CONFERENCE CALL

The board received a conference call with Representative Roger Erickson with him updating the board on the following topics:

  • Bonding
  • Synthetic Drug Law
  • Wetland Issues- conflict with committee hosting

Recess

With no further business before the board, Chair Beckel called the meeting to recess at 2:29 p.m.

Attest:                                                                                     Approved: May 13, 2014

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

___________________________                                          ______________________________

April, 2013

Commissioner Proceedings

April 9, 2013

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 9, 2013, in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Hanson called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Buck Nordlof, Thomas Hanson, and Ken Moorman. Commissioner Ed Arnesen was absent.  Also present were: Deputy Auditor Janet Rudd, John Oren and Brian Peterson.

Approval of Agenda

Motion

Motion was made by Commissioner Beckel to approve the agenda with the following additions: County burial policy, Letter of Support for Jack Swanson, AMC transportation resolution and Human Resources resignation. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Moorman to approve the consent agenda as follows: Travel for Christine Hultman to St. Cloud on 4/10 and 4/12 for a statewide SSIS training; Lorene Hanson to St. Cloud on April 4-5 for MCHRM Conference; Tom Hanson and Lorene Hanson to St. Cloud on May 28-30 for Managing the Human Resource; Jodi Ferrier to Duluth on April 28-30 for Child and Adolescent Mental Health Conference. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Beckel to approve the minutes of March 26, 2013, regular meeting. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Social Services Director

Social Services 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          $ 8,745.83

                                                Commissioners’ Warrants          $ 2,224.97

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

County Burial Policy

Social Service Director, Nancy Wendler met with the board to discuss the county burial policy has with Helgeson Funeral Chapels. Nancy explained that Helgeson’s have not increased the rate of compensation since 2008 and reviewed the itemized list of service with the board. The increase for services is $400.00 but does not include Church Service, which would be another $500.00. The consensus of the board was that the board would support a Church Service if a family requested. Nancy will bring back the final policy when completed.

COUNTY AUDITOR

Claims

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

Motion

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

Revenue                              $    33,370.78

Road & Bridge                    $     25,491.85

Co. Devel                             $      2,640.00

Solid Waste                          $      3,851.04

EDA                                     $      7,481.00

$    72,834.67

WARRANTS FOR PUBLICATION

Warrants Approved On 4/09/2013 For Payment 4/12/2013

Vendor Name                                 Amount

Cenex Co-Op Services, Inc.             4,869.20

Farmers Union Oil Co.                       3,220.97

Howard’s Oil Company                      7,193.34

Koochiching County Sheriff              2,401.36

Northwest Angle&Island Freight,Inc 4,121.00

Northwest Community Action, Inc   5,806.00

University Of Mn                                8,193.75

Voyageurs Comtronics, Inc               2,960.09

Widseth Smith Nolting&Asst Inc      3,556.67

Woody’s Service                               5,659.67

61 Payments less than  2000    24,852.62

Final Total:   72,834.67

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

                                                   March 28, 2013              $    78,395.69

                                                   March 28, 2013              $         864.72  

                                                   March 28, 2013              $         372.71

                                                   April 3, 2013                  $    64,601.08

                                                   April 3, 2013                  $      3,936.42

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

Lost Warrant

Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for lost warrant for LOW Riders, 4-H Club.

Motion

Motion was made by Commissioner Moorman to approve the application and affidavit for lost warrant for LOW Riders 4-H Club in the amount of $200.00 dated June 29, 2012 without furnishing an indemnifying bond. Seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

2011 Desk Review

Chief Deputy Auditor, Lorene Hanson met with the board and reviewed the 2011 Desk Review Points. This review is conducted by the State Auditor’s Office, which reviews the county’s audit. The review rating for 2011 was outstanding, with minor items.

Gambling Permit

Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for a Gambling Permit for Whitetails Unlimited.

Motion

Motion was made by Commissioner Beckel to approve the exempt gambling permit for Whitetails Unlimited-Lake of the Woods Chapter to conduct a lawful gambling for a raffle on May 24, 2013 at Lake of the Woods School and authorize County Auditor to sign. Commissioner Nordlof abstained from voting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Snowmobile Trails Resolutions

Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for the sponsorship of snowmobiles trails assistance program for Lake of the Woods Drifters, Northwest Angle Edge Riders Club, and Border Trails/TJ Grooming.

Resolutions

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

Resolution No. 13-04-01

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Border Trails maintenance of snowmobile trails managed by Border Trails/TJ Grooming.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor, John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

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

Resolution No. 13-04- 02

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor, John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

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

Resolution No. 13-04-03

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Big Traverse maintenance of snowmobile trail managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor, John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

SHERIFF

County Sheriff, Gary Fish met with the board to disuses the scheduling of the Deputy Sheriffs shift cycles, which changes the number of hours from the old schedule and overtime hours.

Motion

Motion was made by Commissioner Beckel to approve the overtime pay for Deputy Sheriffs to a forty (40) hour work week, eighty (80) hour pay period for overtime; retroactive pay starting March 17, 2013. The motion was seconded by Commissioner Nordlof and the same being put to a vote was unanimously carried.

HUMAN RESOURCES

Human Resource Director, Wade Johannesen met with the board and presented his resignation effective April 30, 2013.

Motion

Motion was made by Commissioner Nordlof to accept Human Resource Director, Wade Johannesen resignation effective April 30, 2013; with continuing his services as Human Resource Director as requested with an hourly rate of $35.10 per hour as per contract and with no rental payments for the office. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 10:09 a.m. and reconvened at 10:20 a.m. as follows:

PUBLIC WORKS

Seasonal Help

Public Works Director, Tim Erickson met with the board requesting approval to advertise and hire three (3) seasonal employees.

Motion

Motion was made by Commissioner Moorman to authorize Public Works Director, Tim Erickson to advertise and hire three (3) seasonal employees. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimolys carried.

Transportation Resolution

Public Works Director, Tim Erickson met with the board to discuss the request form AMC that there has been a request from legislators to hear from county boards in the form of resolutions indicating their support for new transportation revenue.

Resolution

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

Adequate Funding to Minnesota’s Statewide Transportation System.

Resolution No. 13-04-04

WHEREAS; Minnesota Counties have had to rely increasingly on the property tax to maintain roads and bridges; and

WHEREAS; agriculture is 25% of the Minnesota economy and Minnesota is 6th in the nation in agricultural product exports; and

WHEREAS; the annual funding gap for counties has resulted in deferring basic maintenance, delaying expansion projects, delaying the construction of a ten ton road system to allow for efficient farm to market routes,  with resulting safety concerns, and

WHEREAS; the rural road networks in the state should be adequate to bring goods to market as legal truck weights have been on the increase; and

WHEREAS; transportation-related jobs put over $2.8 billion in the pockets of Minnesotans and generated almost $195 million in income tax revenue in 2011; and

WHEREAS; according to the Federal Highway Administration, (FHWA) every $1 billion invested in highway construction would support approximately 27,800 jobs; and

WHEREAS; the current State funding distribution to counties is not sustainable for six out of 8 transportation districts; and

WHEREAS; transportation funding comes primarily from user fees and are constitutionally dedicated to transportation purposes; and

WHEREAS; the wheelage fee and local option sales tax for transportation should be options for all county boards to implement to meet their specific county needs; and

WHEREAS; a comprehensive transportation solution should include funding for roads, bridges and transit, and address the varying needs in different parts of the state;

NOW THEREFORE BE IT RESOLVED; that the ­­­­Lake of the Woods County Board of Commissioners encourages the Minnesota Legislature to pass and the Governor to sign a bill that brings adequate and sustainable funding to Minnesota’s statewide transportation system.

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

Proposed CSAH Designation Changes

Public Works Director, Tim Erickson met with the board and presented a map of revocation and addition of roads.

CLEMENTSON RESORT

Gail Gustafson, owner of Clementson Resort met with the board to request a public access near their resort for the locals and other to use.  The board placed this request on the Annual Road Tour.

Resolution of Support for commissioner jack Swanson

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

Resolution No. 13-04-05

Support for Jack Swanson has AMC 2nd Vice-President

WHEREAS; Lake of the Woods County Board of Commissioners supports Roseau County Commissioner Jack Swanson for AMC 2nd Vice-President;

WHEREAS; Jack Swanson has served as County Commissioner, for Roseau County residents since 2006;

WHEREAS; Jack has served as an AMC Director, among many AMC committees which gives him the needed insight to serve as AMC 2nd Vice-President;

NOWTHEREFORE BE IT RESOLVED; that Lake of the Woods County Commissioners supports his endeavors in the election for AMC 2nd Vice-President.

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

MIS/GIS DEPARMENT

MIS/GIS Director, Peder Hovland met with the board to discuss the large format printer that has reached its end and is not functional at this time. He is suggesting a new large format printer with scanning functions; Highway, Land and Water and Recorder all have large maps , plats that can be scanned to a file for easier access and safe storage and also allows to link some of those to the web for public access. The cost of the canon IPF815 MFP M40 wide format printer/scanner was quoted in the amount of $8,595, not including sales tax.

Motion

Motion was made by Commissioner Beckel to authorize the MIS Department to purchase a canon IPF 815 MFP M40 wide format printer/scanner as quoted in the amount of $8,595 (not including tax) with $6,000 from MIS budget and $3,000 from the Recorders enhanced fund. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

MARCO Update

Chief Deputy Auditor, Lorene Hanson met with the board and updated them on the MARCO copiers. The color copier in the workroom will be replaced with a new color copier and the Auditor’s office copier will be moved to the Sheriff’s office and Auditor’s office copier will be replaced with a new copier. The above copiers are estimated to save $100.00 per month. The board concurred with the moving and replacing of copy machines.

Health Reform Act

Chairman Hanson requested that Chief Deputy Auditor, Lorene Hanson organize to have Darcie Hitesman from Hitesman and Wold P.A. and the county’s PEIP representative to meet with the board to discuss the Health Reform Act.

CORRESPONDENCE

The board reviewed the information flyer from Minnesota Housing Start Up and Step up loan program that is available to county residents.

Recess

With no further business before the board, Chairman Hanson called the meeting to recess at 11:19 a.m.

Attest:                                                                                     Approved: April 23, 2013

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

Commissioner Proceedings

April 23, 2013

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 23, 2013 in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Hanson called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Ed Arnesen, Thomas Hanson, and Ken Moorman. Commissioner Buck Nordlof was absent.  Also present were: Deputy Auditor Janet Rudd, and John Oren.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Manatron, Health Reform, Access Agreement, Jo Thorson travel and Thank-you letter from Williams Library. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Moorman to approve the consent agenda as follows: Travel for Josh Stromlund to St. Paul for Interagency Review Team meeting for the Williams Creek Wetland Mitigation proposal on May 13-14; Jo Thorson to Brainerd for Clerical Conference on May 8-10.  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 Beckel to approve the minutes of April 9, 2013, regular meeting with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Committee reports

Commissioner Hanson:

March 27-HRDC Corridor Management Plan

April 6- MN Grant-Aid Trails Meeting

April 12- Blandin Broadband Meeting

April 18- HRDC

Commissioner Beckel

March 27- Board of Appeals and Equalization Training

March 28- Northwest MN Juvenile Center

April 4- Extension Committee

April 15- Airport Commission

April17- Giziibii RC&D

Commissioner Moorman

March 27- Highway 11 Corridor

April 4- State Advisory Council on Mental Health

April11- Local Advisory Council on Mental Health

April 15- Children and Families Collaborative

April 17- Lake of the Woods Prevention Coalition

Commissioner Nordlof

April 11- Joint Powers Natural Resource Board

Social Services Director

Social Services 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          $ 23,286.21

                                                Commissioners’ Warrants          $ 10,338.97

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

County Burial Policy

Social Service Director, Nancy Wendler met with the board requesting approval for the County Burial Policy.

Motion

Motion was made by Commissioner Arnesen to approve the County Burial Policy with the rate of $3,250 per eligible case and extra $500 for families requesting Memorial or Funeral services at a church or chapel, if approved by a county financial worker effective April 15, 2013. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Rinke Noonan Attorney At Law-Conference Call

Chairman Hanson introduced Attorney Kurt Deter by conference call to the board. The board discussed the petition from Ellingson Companies requesting that a hearing be held, pursuant to MN Statutes 103E.401 to address the usage of Ditch #1 as an outlet. The board discussed possible dates to hold the public hearing.

Motion

Motion was made by Commissioner Arnesen to set the Public Hearing for the use of drainage system as an outlet in Ditch 1 for June 11, 2013 at 1:00 p.m. at the Government Center in the Commissioners’ Room. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

COUNTY AUDITOR

County Auditor, John W. Hoscheid Letter of Resignation

Chairman Hanson presented a letter of resignation from County Auditor, John W. Hoscheid to the board.

Motion

Motion was made by Commissioner Arnesen to accept the resignation from County Auditor, John W. Hoscheid effective close of business on May 15, 2013. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Resolution of Years of Service

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

Recognition of years of service

John W. Hoscheid

Resolution 2013 – 04-06

Whereas:  John Hoscheid has served the residents of Lake of the Woods County since November 27, 2002 as the County Auditor;

Whereas:  John Hoscheid has resigned from Lake of the Woods County service effective May 15, 2013;

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

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

Claims

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

Motion

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

                                                  Revenue                                $    34,505.99

Road & Bridge                     $      4,158.21

Co. Devel                             $         200.00

                                                  Solid Waste                          $      9,205.32

EDA                                     $      3,956.27

                                            $      72,023.79

WARRANTS FOR PUBLICATION

Warrants Approved On 4/23/2013 For Payment 4/26/2013

Vendor Name                                                                  Amount

Cenex Co-Op Services, Inc.                                       4,347.06

Emergency Communications Network, LLC              5,000.00

First State Tire Recycling                                            8,211.00

Hallstrom Consulting                                                   7,680.00

Mar-Kit Landfill                                                           10,799.55

MN Counties Intergovernmental Trust                       2,500.00

Northwest Community Action, Inc                              2,210.00

R & Q Trucking, Inc                                                     2,777.65

66 Payments less than 2000   28,498.53

Final Total:  72,023.79

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

                                                   April 9, 2013                     $     38,167.99

                                                   April 10, 2013                   $   117,542.77

                                                   April 18, 2013                   $       2,625.74

                                                   April 18, 2013                   $     10,597.41

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

PREVENTION COALITION

Prevention Coalition Coordinator, Tammy Doebler met with the board requesting approval for the third (3) quarter Chemical Health Division fiscal report and authorization for board chair and financial director to sign.

Motion

Motion was made by Commissioner Moorman to authorize Chairman Hanson and Social Service Fiscal Officer, Christine Hultman to sign the Prevention Coalition third (3rd) quarter fiscal report. The motion was seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

EMERGENCY MANAGEMENT DIRECTOR

Multi Services Substation

Emergency Management Director, Arlen Block met with the board to discuss a Multi Services Substation, in the Wheelers Point Area, for a building to house fire trucks and boat/water emergency equipment. There are no funds available through the Emergency Management, but may have grant through the Fire Department. The board requested that Arlen get some estimate on the cost of the building.

Weather Siren-Dry Hydrant

Emergency Management Director, Arlen Block informed the board that he was looking into a weather siren for the Wheelers Point Area, and that there is grant funding available for a Tornado Shelter, at this time he has no cost put together; he also stated that he is working with the DNR for  Dry Hydrants.

Court House Security Plan Training

Emergency Management Director, Arlen Block met with the board and informed them that all quotes are in for security cameras and that you can add cameras as the county can afford them. The board requested that Arlen get estimates on the cameras.

RECESS

The meeting was called to recess at 10:43 a.m. and reconvened at 10:46 a.m. as follows:

LAND AND WATER PLANNING

Interagency Review Team MEETING (IRT)

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the IRT meeting is on May 14, 2013 and if the board wishes, they could link into the meeting via conference call. The board placed this on the May 14, 2013 agenda from 10:00 a.m. to 12:00 p.m.

Wetland Banking Credits

Land and Water Planning Director, Josh Stromlund met with the board requesting approval for the sale of Wetland Banking Credit to Lake of the Woods School District, for the School Forest.

Motion

Motion was made by Commissioner Moorman to authorize Chairman Hanson to sign the purchase agreement for wetland banking credits, between Lake of the Woods County and Lake of the Woods School District. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried

CWP Change Order

Land and Water Planning Director, Josh Stromlund  met with the board requesting approval to rearrange funds to other areas of the grant due to lack of precipitation last summer, so the water monitoring budget has excess funds.

Motion

Motion was made by Commissioner Arnesen to authorize Land and Water Planning Director, Josh Stromlund to sign the change order as approved by the MPCA. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Board of Adjustment District 5 Member

Land and Water Planning Director, Josh Stromlund met with the board to inform them that Board of Adjustment Member Jamie McEnelly has resigned from the Committee; therefore, he will need a replacement from District 5. Commissioner Arnesen will look for a replacement for his District.

PUBLIC WORKS

SAP 039-602-018 Project

Public Works Director, Tim Erickson met with the board requesting authorization to advertise for bids for construction for SAP 039-602-018, Seal Coat and Fog Seal.

Motion

Motion was made by Commissioner Moorman to authorize Public Works Director, Tim Erickson to advertise for bids for construction of SAP 039-602-018, Seal Coat and Fog Seal, and to set Friday, may 24, 2013 at 2:00 p.m. in the Commissioners’ Room at the Government Center as the date , time and place for opening of said bids. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Trash Pump

Public Works Director, Tim Erickson met with the board requesting authorization to purchase a trash pump for the Highway Department as budgeted.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson to Purchase a trash pump for the Highway Department as budgeted. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimolys carried.

HRDC Appointment

Public Works Director, Tim Erickson informed the board that he was appointed to the HRDC Transportation committee.

Beaver

Public Works Director, Tim Erickson discussed beaver issues and may bring back the Beaver Policy in the near future.

911 Ordinances

Public Works Director, Tim Erickson informed the board that he should have the 911 Ordinance ready for May 14, 2013 meeting for their review.

SWCD

SWCD Resource Technician, Corryn Trask met with the board to review the 2012 SWCD Annual Report.

HEALTH REFORM

The board discussed the cost to have Attorney Darcy Hitesman, from Hitesman & Wold, P.A. to come and meet with the board to discuss the Health Reform requirements that the county needs to meet. The board discussed the cost and requested that Chief Deputy Auditor, Lorene Hanson to check and see if Roseau County would be interested in meeting with Darcy also.

ACCESS AGREEMENT

The board discussed the Access Agreement that was requested from Peer Engineering Inc. City of Williams sent MN Pollution Control and application for MN Targeted Brownfield Assessment Program (MNTBAP), which is a grant program through the MN Pollution Control Agency which does investigations of Brownfield Properties. Peer Engineering was hired by MPCA to conduct a Environmental Site Assessment (ESA) on the Old Williams School. Peer Engineering completed Phase I and the next step was to complete Phase II, but then the Old Williams School was forfeited to the State for delinquent taxes, which the county is the administrator over this type of land, and therefore, Peer Engineering needs a new Access Agreement signed allowing them into the Old Williams School to complete the Phase II study.

Motion

Motion was made by Commissioner Moorman to authorize Chairman Hanson to sign the Access Agreement with MN Pollution Control Agency to enter the Old Williams School to complete the Environmental Site Assessment. The motion was second by Commissioner Arnesen, and the same being put to a vote, was unanimolys carried.

WORK SESSION

The board set May 13, 2013 for a works session to discuss Human Resource Position, Auditor’s Position

and Job Descriptions.

CORRESPONDENCE

None

Recess

With no further business before the board, Chairman Hanson called the meeting to recess at 12:53 p.m.

Attest:                                                                                     Approved: May 14, 2013

____________________________                                        _______________________________

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

April, 2012

Commissioner Proceedings

April 10, 2012

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 10, 2012 in the Commissioners’ Room at the Government Center.

Chairman Todd Beckel 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, Patty Beckel, Todd Beckel, Tom Hanson and Ken Moorman. Also present were: County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, and Penny Mio Hirst.

Approval of Agenda

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Voter ID update, garbage on lake ice and Historical Society.   The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made byCommissioner Hanson to approve the consent agenda as follows: Travel for Joy Lindquist and Mary Jo Otten to MCCC Conference in Alexandria on June 4-7; Holly House to Bagley on April 25-26 for HSEM meeting; Amy Ballard to Duluth on April 22-24 for MACMH meeting.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion was made by Commissioner Patty Beckel to approve the minutes of March 27, 2012 regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

VETERANS SERVICE OFFICER

Quarterly Claims

Veterans Service Officer, Rick Rone met with the board and presented the Veterans Services First Quarter Report for 2012.

Cell Phone Stipend

Veterans Service Officer, Rick Rone met with the board requesting approval for a cell phone stipend.

Motion

Motion was made by Commissioner Moorman to allow Veterans Service Officer, Rick Rone a cell phone stipend of $60.00 per month effective May 1, 2012. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

AUDITOR

Voter ID Update

County Auditor, John W. Hoscheid met with the board and updated them on the recent legislative actions that will place the “Voter ID” on the November 6, 2012 General Election.

BORDER STATE BANK

Oak Harbor Estates Lot Development

Border State Bank President, Rosanna Swenson and Sportsman’s Lodge Inc., President Vic Beckel met with the board to discuss the issue of platted roads in the Oak Harbor Estates Development and the transferring of these roads to the county. No action was taken at this time. The board set a Work Session for April 17, 2012 to discuss this further.

AUDITOR

Claims

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

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

                                                Revenue                   $         45,344.77           

                                                Road & Bridge        $          50,902.91

                                                Co. Development     $              954.00

                                                Solid Waste              $         21,173.99

                                                EDA                         $           1,500.00

                                                                                 $        119,875.67                      

WARRANTS FOR PUBLICATION

Warrants Approved On 4/10/2012 For Payment 4/13/2012

Vendor Name                                               Amount

Arnesen/Ed                                                4,286.08

Cenex Co-Op Services, Inc.                    5,628.12

Holte Implement, Inc                               14,586.93

Lakewood Health Center                          3,718.00

LOW Highway Dept                                 2,171.50

Mar-Kit Landfill                                       11,626.20

Roseau County Cooperative Assn         2,041.46

Stepp Mfg                                                23,928.03

Trusight                                                     2,445.00

University Of Mn                                       8,112.51

Voyageurs Comtronics, Inc                  10,544.11

Woody’s Service                                       5,206.65

56Payments less than  2000     25,581.08

Final Total:   119,875.67

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

                                                March 27, 2012          $     117,639.56

                                                March 27, 2012          $       25,235.30           

                                                April 3,     2012          $         2,464.00

                                                April 4,     2012          $       47,119.12

                                                April 4,     2012          $         4,710.11

                                                April 4,     2012          $         2,119.04

                                                April 4,     2012          $       66,954.40

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

Resolutions of Snowmobile Trails

County Auditor, John W. Hoscheid met with the board requesting approval for the Sponsorship of Snowmobile Trails Assistance Program. The board requested that County Auditor, John W. Hoscheid contact the clubs and request them to meet with them on April 24, 2012 board meeting to review their applications for 2013 Grant and Aid Trails application. The resolutions were placed on April 24, 2012 board meeting for approval.

Lost Warrants

Affidavit of Lost Warrant

County Auditor, John W. Hoscheid presented applications for lost warrant for Rolyan Buoys and Joseph D. Morisch.

Motion

Motion was made by Commissioner Hanson to approve the application and affidavit for lost warrant for Rolyan Buoys dated January 27, 2012 for $1,450.17 without furnishing indemnifying bond.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Patty Beckel to approve the application and affidavit for lost warrant for Joseph D. Morisch dated March 16, 2012 for $57.10 without furnishing indemnifying bond.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Wellness Program

County Auditor, John W. Hoscheid presented a statement of position from the State of Minnesota Office of the State Auditor’s on limited statutory authority granted to Counties for a “Wellness and Employee Recognition Program” that they may establish and operate a program for preventive health and employee recognition services for its employees and may provide necessary staff, equipment, and facilities and expend funds as necessary to achieve the objectives of the program. County employees, Jodi Ferrier, Cassi Brune, Christie Russell, Cindy Krueger and Sunny Dorrow informed the board of the “Biggest Loser” contest that employees participated in and the total weight loss was 248 pounds within the three month period. The board requested that they research some possibilities for a “Wellness Program” and bring back recommendations of what the county employees would like to see in the “Wellness Program”.

SHERIFF

Chief Deputy Sheriff

County Sheriff, Dallas block met with the board requesting approval to appoint Deputy Sheriff, Gary Fish as Chief Deputy.

Motion

Motion was made by Commissioner Todd Beckel to approve County Sheriff, Dallas Block appointment of Deputy Sheriff, Gary Fish as the Chief Deputy. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Todd Beckel to approve Chief Deputy Sheriff, Gary Fish as an exempt employee and salaried wage of $59,000 per year effective April 15, 2012.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Inventory

Chief Deputy Sheriff, Terry Bandemer informed the board that the Inventory was turned into the Auditor’s Office on April 9, 2012. Sheriff Dallas Block requested a work session to discuss the inventory with the board and other office issues.

Resolution for Years of Service

Chairman Todd Beckel presented a plaque to Chief Deputy Sheriff Terry Bandemer in recognition of his service to Lake of the Woods County Sheriff’s office.

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

Resolution No. 12-04-01

Recognition for Years of Service 

WHEREAS, Terry Bandemer has served the residents of Lake of the Woods County for the last 16 months, for  Lake of the Woods County Sheriff’s Department;

WHEREAS, Terry has resigned from county service, effective April 13, 2012;

NOW, THEREFORE, BE IT RESOLVED, that the County Board of Lake of the Woods County extends its appreciation to Terry for his dedicated service and best wishes to him.

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

Garbage on the Ice

Sheriff, Dallas Block met with the board to discuss the concerns of the garbage that has been left out on the ice this past winter and the need for something to be done, such as having dumpster available for garbage disposal at the landings etc. The board will discuss this further at the work session on April 17, 2012.

HUMAN RESOURCES

Human Resource Director, Wade Johannesen met with the board requesting approval for his renewal of his Human Resource Contract.

Motion

Motion was made by Commissioner Patty Beckel to approve the Human Resource Contract with Wade Johannesen effective April 20, 2012 and terminating October 19, 2012. The motion was seconded by Commissioner Hanson and the vote carried as follows: Voting for: Commissioner Patty Beckel, Hanson, Arnesen and Moorman. Voting against: Commissioner Todd Beckel.

Public Works Department

Seasonal Help

Public Works Director, Tim Erickson met with the board and requested approval to advertise for and hire for seasonal help.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson to advertise and hire for seasonal help. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Social services

Claims

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

Motion

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

                                                Commissioners’ Warrants       $ 15,331.46

                                                Commissioners’ Warrants       $   4,819.06

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

Child Abuse Prevention Month

Social Service Director, Nancy Wendler and Social Workers, Jodi Ferrier and Dessa Brunette met with the board and informed them that it is “Child Abuse Prevention Month”. They informed the board the steps that they are required to meet when they receive a report that a child is being abused or neglected. 

RECESS

The meeting was called to recess at 11:31 a.m. and reconvened at 11:34 a.m. as follows:

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and gave a PowerPoint Presentation on all Lake of the Woods Public Accesses.

RECESS

The meeting was called to recess at 12:25 p.m. and reconvened at 1:12 p.m. as follows:

HISTORICAL SOCIETY

Dan Crompton, representing the Historical Society met with the board requesting assistance in the site development for the new addition for the Historical Society Building. Public Works Director, Tim Erickson requested that the Historical Society submit a printed proposal on the work that they are requesting assistance with, and that he would coordinate it with the county projects, with county projects being first.

Motion

Motion was made by Commissioner Moorman to authorize Public Works Director, Tim Erickson to assist with the site development for the Historical Society Building when it fits into the department’s schedule. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

PUBLIC ACCESSES

Chairman Todd Beckel discussed the public accesses and what the board would like to improve. No action was taken at this time.

OLD/NEW BUSINESS;

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund- no funding for Friends of Zippel

Land Trade-need proposal on lands

Red Lake Tribe-special meeting

Township Road Inventory/ATV Ordinance-working on, middle of summer should be complete

Inventory- turned into Auditor’s Office

Beaver –Tim will work on

Clementson Bridge Property/Water Accesses-none

2012 Goals and Projects-None

Zippel Bay State Park- looking at bonding

COMMITTEE UPDATES

Commissioner Hanson

  • HRDC

Correspondence

The following Correspondence was acknowledged:

  • MN Department of Human Services-Audit
  • DOT- Thank you letter to the Historical Society

Recess

With no further business before the County Board, Chairman Todd Beckel called the meeting to recess at 2:33p.m.

Attest:                                                                                     Approved: April 24, 2012

_______________________________                                  _______________________________

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

Commissioner Proceedings

April 24, 2012

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 24, 2012 in the Commissioners’ Room at the Government Center.

Chairman Todd 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, Todd Beckel, Tom Hanson and Ken Moorman. Absent: Commissioner Arnesen.  Also present were: County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, John Oren and Penny Mio Hirst.

Approval of Agenda

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Authorization to hire part-time dispatchers, funding for Brink Center and County Contribution for Health Insurance. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made byCommissioner Hanson to approve the consent agenda as follows: Travel for Christine Hultman for AMSSA Conference in Deerwood on May 17; Tim Erickson for District 2 & 4 Spring Screening Board in Park Rapids on May 16-17; Dawn Christianson for MCCC Conference in Alexandria on June 4-7. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion was made by Commissioner Patty Beckel to approve the minutes of April 10, 2012 regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Social services

Claims

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

Motion

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

                                                Commissioners’ Warrants       $    5,696.79

                                                Commissioners’ Warrants       $  25,094.79

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

BRINK CENTER

John Oren, representing the Brink Center met with the board requesting $2,000 from the Brink Centers dedicated fund to replace the furnace at the Center.

Motion

Motion was made by Commissioner Moorman to authorize County Auditor, John W. Hoscheid to expend $2,000 to the Brink Center from the designated reserve fund. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

LAKE OF THE WOODS NURSING SERVICE

Update

Public Health Director, Michelle Brown met with the board to give a brief update on contracted services they provide for Lake of the Woods County residents. Michelle introduced Liaison, Melanie Otto and Administrative Assistant, Mindy Thiele to the board.

RECESS

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

SHERIFF

Flash Lights

County Sheriff, Dallas Block met with the board requesting approval for seven (7) flashlights.

Motion

Motion was made by Commissioner Patty Beckel to authorize Sheriff Dallas Block to purchase seven (7) Series Flashlights in the amount of $1,300 from the Stonegarden Grant. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Part-time Dispatchers- Hire

County Sheriff, Dallas Block and Human Resource Director, Wade Johannesen met with the board requesting authorization for approval to hire two part-time dispatchers.

Motion

Motion was made by Commissioner Hanson to authorize County Sheriff, Dallas Block and Human Resource Director, Wade Johannesen to hire Nina Husbands and Kim Brandon as part-time dispatchers at grade 8, step 1, on the part-time pay scale. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

AUDITOR

Claims

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

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

                                                Revenue                   $         21,277.61           

                                                Road & Bridge        $           7,052.48

                                                Solid Waste              $           3,381.98

                                                EDA                         $           2,863.76

                                34,575.83 

  WARRANTS FOR PUBLICATION

Warrants Approved On 4/24/2012 For Payment 4/27/2012

Vendor Name                                 Amount

Cenex Co-Op Services, Inc.              2,646.78

Hasler                                                  4,000.00

North American Salt Co                    2,291.60

Northwest Community Action, Inc    2,863.76

60 Payments less than 2000    22,773.69

Final Total:   34,575.83

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

                                                April 10,    2012          $      752,544.05

                                                April 20,    2012          $          4,815.54

                                                April 20,    2012          $        12,739.29

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

Wetland Banking Reserves

County Auditor, John W. Hoscheid met with the board requesting approval to reimburse the Revenue Fund from the Wetland Banking Reserve, to combine the Environmental Fund Reserve and to transfer from the Revenue Fund, the Wetland Banking Reserve.

Motion was made by Commissioner Moorman to reimburse the Revenue Fund from the Wetland Banking Reserve for all associated costs related to the acquisition/purchase of the Bernard land and setting up of the wetland bank, in the amount of $268,236.56, effective 12/31-2011. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Patty Beckel to combine the Environmental Fund Reserve in the amount of $13,925.00, with the Wetland Banking Reserve, (both within the Revenue Fund, effective13/31/2011). The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Hanson to transfer from the Revenue Fund, the Wetland Banking Reserve, in the amount of $14,153.88, to the Natural Resource Enhancement Fund, effective 12/31/2011. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SNOWMOBILE TRAILS

Chairman Todd Beckel welcomed the Snowmobile Trails Administrators to the meeting to discuss their 2013 Grant in Aid Trails applications before they are submitted to the State.

PREVENTION COALITION

Prevention Coalition Director, Tammie Doebler met with the board and presented the 3rd Quarter Fiscal Report to the board for their approval.

Motion

Motion was made by Commissioner Patty Beckel to approve the 3rd Quarter Fiscal Report for the Lake of the Woods Prevention Coalition and authorize Chairman Todd Beckel and Fiscal Officer Christine Hultman to sign. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

CHAMBER OF COMMERCE/COMMUNITY FOUNDATION FUNDRAISER

Request for Funds- Chamber

Baudette –Lake of the Woods Chamber of Commerce, Event Coordinator Karoline Ketchum met with the board requesting funding for various Chamber-planned events for the entire 2012 year.

Motion

Motion was made by Commissioner Patty Beckel to contribute $6,400 to the Baudette-Lake of the Woods Chamber of Commerce for the various Chambers –planned events for 2012 with$ 3,900 from the levied money and$ 2,500 from the Con-Con funds. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Request for Funds- Community Foundation

Karoline Ketchum, representing the Community Foundation met with the board requesting funding for the new digital projector that will need to be in place by January 2013. The board referred her to set up an appointment with the EDA to request assistance with writing a grant for the projector.

AUDITOR

Snowmobile Trails

County Auditor, John W. Hoscheid met with the board requesting approval for the Sponsorship of Snowmobile Trails Assistance Program.

Resolutions

Border Trails

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

Resolution No. 12-04-2

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Border Trails maintenance of snowmobile trails managed by Border Trails/TJ Grooming.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Northwest Angle Edge Riders Club.

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

Resolution No. 12-04- 03

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Lake of the Woods Drifters.

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

Resolution No. 12-04-04

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Big Traverse maintenance of snowmobile trail managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

RECESS

The meeting was called to recess at 11:13 a.m. and reconvened at 11:18 a.m. as follows:

OAK HARBOR ESTATES

Roads

Chairman Todd Beckel discussed the Oak Harbor Estates matter with the platted roads not being completed from the previous owners.  He presented a letter from Public Works Director, Tim Erickson on the recommendations from the work session that was held on April 17.

Resolution

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

Resolution No. 12-04-05

Addendum to Oak Harbor Estates Platted Roads

04-24-12 Board Meeting

WHEREAS; Sportsman’s Lodge, Inc. Vic Beckel- President (Buyer) and Border State Bank (Seller) met with the County Board on April 10, 2012 to discuss the platted roads in Oak Harbor Estates;

WHEREAS; the following conditions will impact the agreement between the Buyer and Seller regarding the platted roads in Oak Harbor Estates, blocks 1 & 2;

WHEREAS; the County has inspected the existing roads (Fairway Drive and Birdie Drive) and has determined that they have been constructed to County specifications as per the County’s Unorganized Township Road Construction Policy;  

WHEREAS; the roads need some minor blade maintenance before they would be accepted by the County; the Buyer will be required to perform this maintenance;

WHEREAS; at any time after at least one permanent structure is built along a road, the Buyer may petition the County Board to accept it as an Unorganized Township Road;

WHEREAS; the road through Block 2 (Eagle Drive) has not been completed; as specified in the County Ordinance, a Developer must post a bond equal to the cost to build the road;

WHEREAS; the County has estimated the costs to complete this road to County specifications to be approximately $18,000;

NOW THEREFORE BE IT RESOLVED; due to the unique circumstance of this plat currently being in foreclosure, the County is willing to vary from the ordinance and require the Buyer to put up half of that cost ($9,000) in an escrow account. The Buyer will not be required to complete this road until any of the adjacent lots (lots 6 – 28) are sold. When any of these adjacent lots are sold, the Buyer will be required to either complete the road to County specifications or put an additional $9,000 into the escrow account to bring the balance to $18,000. The County shall not vary from any other ordinance or policies.

The resolution was seconded by Commissioner Moorman and the vote carried as follows:

Ayes: Commissioners Hanson, Todd Beckel and Moorman

Nays: None

Absent: Commissioner Arnesen

Abstained: Commissioner Patty Beckel

MINNESOTA COUNTIES INTERGOVERNMENTAL TRUST(MCIT)

MCIT Risk Management Consultant, Bob Goede met with the board and presented the 2011 Risk Management report to the board. Bob also reviewed the Rates/ Contributions, Dividends, Covering Costs, and Resources that are available through MCIT.

RECESS

The meeting was called to recess at 11:55 a.m. and reconvened at 1:00 p.m. as follows:

PUBLIC HEARING- REDISTRICING OF COMMISSIONER’S DISTRICT

Motion

Motion was made by Commissioner Hanson to close the regular meeting at 1:01 p.m. and open the Public Hearing as advertised. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

County Auditor, John W. Hoscheid explained that there were only two Districts that the 2010 Census affected and they were District 1 and District 4. John presented the map showing the changes that he made to balance out the number of voters in the two districts. District 1 he removed that portion of Baudette Township lying West of County Road #75 and west of the Winter Road River and moved that into District 4. John also presented a proposal on Commissioner’s terms of office for their review.

No public attended the Public Hearing and no letters of concerns were received.

Motion was made by Commissioner Patty Beckel to close the Public Hearing and open the regular meeting at 1:10 p.m. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

ADOPTION FOR REDISTRCTING OF COUNTY COMMISSIONERS DISTRICTS

Resolution

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

Resolution No. 12-04-06

Adoption of Lake of the Woods County Commissioner Districts

WHEREAS,  Minnesota Statutes Chapter 375 establishes the procedure and requires a process for redistricting County Commissioner districts based on population figures from the Federal Census; and,

WHEREAS, Minnesota Statute section 204B.135, subd. 2 requires that County commissioner Districts be redistricted within 80 days of when the legislature has been redistricted or at least 15 weeks before the state primary election, whichever comes first; and,

WHEREAS, pursuant to these statutes the 2010 Federal Census population figures shall be used to redistrict the Lake of the Woods County Commissioner Districts by May 1, 2012, and that Commissioner Districts shall be bounded by town, municipal, ward, city district, or precinct lines; and,

WHEREAS, the Lake of the Woods County Board of Commissioners has considered the possibility or potential for maximizing minority representation on the Board of Commissioners; and,

WHEREAS, Lake of the Woods County published a three week notice in the Official County Newspaper  for publishing the Commissioner’s Proceedings for the County for 2012; and,

WHEREAS, Lake of the Woods County conducted a public meeting on redistricting on April 24, 2012;

NOW, THEREFORE BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners hereby adopts the following redistricting  plan for Lake of the Woods County, effective for the 2012 primary and general election and further, reestablishes the length of Commissioner District terms as follows:

District 1– West Baudette and that portion of Baudette Township lying East of Winter Road River and East of County Road 75, south of where it intersects with the Winter Road River;

(2 Yr Term ending January, 2015)

District 2- East Baudette, Gudrid Township, Rapid River Township, Unorganized Township 157-30, Unorganized Township, 158-30, Boone Township, Swiftwater Township, Kiel Township;

                                                (4 YR Term ending January, 2017)

District 3- Walhalla Township, Potamo Township, Rulien Township, Victory Township, Forest Area, Spooner Township and   that portion of McDougald Township Lying South of State Trunk Highway #11, City of Williams;

                                                (Continuation of Current Term ending 2015)

District 4- Wheeler Township, Wabanica Township, that portion of McDougald Township lying North of State Trunk Highway #11 and that portion of Baudette Township lying West of County Road #75 and west of the Winter Road River;

                                                (4 YR Term ending January, 2017)

District 5– Lakewood Township; Prosper Township, Zippel Township, Myhre Township, Chilgren Township, Northwest Angle and Islands, City of Roosevelt;

                                                (4 YR Term ending January, 2017)

The Resolution was seconded by Commissioner Moorman 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 and presented the findings and facts for consideration of a Conditional Use Permit application submitted by Automotive Environmental Testing, Larry Larson and Sunset Lodge, LLC- Scott Hetteen, Agent. Josh reviewed the following Findings and Facts with the board.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Automotive Enviro. Testing (AET), Larry Larson, agent             Date:  April 24, 2012

Location/Legal Description:   The E ½ of the NW ¼, less deeded in Section Twenty-two (22), Township One-Hundred Sixty (160)N, Range Thirty-one (31)W, Spooner Township, Lake of the Woods County, Minnesota, Parcel Number 30.22.21.000 and 30.22.24.000.

Project Proposal:  Applicant is requesting a conditional use permit as required from Section 902 of the Lake of the Woods Zoning Ordinance which would allow the cumulative movement of more than fifty (50) cubic yards of material within the shoreline area of the Baudette River.

  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?  Unobstructive navigation of the river.

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

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

Why or why not?  See #1.

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?  Proper erosion control established.

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?  Landscaping and natural topography considered.

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?  Part of the reason for the proposal.

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?  DNR specs to be followed.

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

Why or why not?  Private roads only.

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

Why or why not?  All private property.

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

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

Why or why not?  River crossing.

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 (X)  NO (  )  N/A (  )

Why or why not?  Bridge crossing only.

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:  Follow DNR Permit 2005-1057 Temporary Bridge Baudette River LOTW County

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

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

                                                                                    _____________________________________

                                                                                                            Todd Beckel

                                                                                                        Chair, County Board

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Sunset Lodge, LLC (Scott Hetteen, agent)                       Date:  April 24, 2012

Location/Legal Description:   The N ½ of the NE ¼ of the SE ¼ less deeded and part of Government Lot 4 in Section Two (2), Township One-Hundred Sixty-seven (167)N, Range Thirty-three (33) W, Oak Island, Angle Township, Lake of the Woods County, Minnesota, Parcel Number 06.02.41.000.

Project Proposal:  Applicant is requesting a conditional use permit as required from Section 902 of the Lake of the Woods Zoning Ordinance which would allow the cumulative movement of more than fifty (50) cubic yards of material outside of steep slopes and the shore impact zone by utilizing an existing rock outcropping, which may require blasting. The rock will be utilized for the construction of an off-shore breakwater harbor to prevent further erosion of this property’s shoreline.

  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?  Erosion control of shoreline.

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

          YES (X) NO (  ) N/A (  )

Why or why not?  Safety of boats in high winds. Lighting on proposed project.

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?  Plan on silt fence if necessary.

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?  Water will collect in hole, protect shoreline.

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?  Island with blast site outside of 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?  Rock is removed at highest point of property also using silt fence.

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?  Mix of commercial and residential property on island.

9. Does the project proposal have a reasonable need to be in a shoreland location?        YES (X) NO (  ) N/A (  )

Why or why not?  Breakwater.

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 (X)  NO (  )  N/A (  )

Why or why not?  Protection for that traffic – DNR approve before proceeding.

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 (X) NO (  ) N/A (  )

Why or why not?  Adequate trees to buffer site for rock removal.           

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:

  1. Approval from DNR.
  2. Lighting of breakwater.
  3. Permanent fencing around blast site.
  4. Danger sign on pit area.
  5. Address ditch question with neighbor.
  6. Restore point to natural condition.

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

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

                                                                                    _____________________________________

                                                                                                            Todd Beckel

                                                                                                        Chair, County Board

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

Josh informed the board that the Planning Commission met on April 11, 2012 and viewed the finding and facts with conditions and recommends to the County Board for approval for both conditional uses.

Motion

Motion was made by Commissioner Moorman to approve the findings of facts for Automotive Environmental Testing, Larry Larson and to add the specific condition to follow the DNR Permit 2005-1057 Temporary Bridge Baudette River LOTW County.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the findings of facts for Sunset Lodge, LLC (Scott Hetteen, agent) and the specific conditions of approval are as follows: approval from DNR, lighting of breakwater, permanent fencing around blast site, address ditch question with neighbor, restore point to natural condition. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

OLD/NEW BUSINESS;

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund-   EDA Theater

Land Trade-working on dates

Red Lake Tribe-May 21, 2012 meeting

Township Road Inventory/ATV Ordinance-none

Inventory- none

Beaver –none

Clementson Bridge Property/Water Accesses- priorities accesses

2012 Goals and Projects- Health Insurance

Grant Policy and Expenditures- working on Drafts for June meeting

Zippel Bay State Park- none

COMMITTEE UPDATES

Commissioner Hanson

  • SHIP
  • HWY 11

Commissioner Patty Beckel

  • Airport
  •  GIZZIBBII

Commissioner Moorman

  • HRDC

Commissioner Todd Beckel

  • PILT
  • Radio Board
  • MRCC
  • Family Collaborative
  • Prevention Coalition
  • AMC District Meeting

Correspondence

None

Recess

With no further business before the County Board, Chairman Todd Beckel called the meeting to recess at 1:55p.m.

Attest:                                                                                     Approved: May 8, 2012

_______________________________                                  _______________________________

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

April, 2011

Commissioner Proceedings

Special Board Meeting

April 1, 2011

The Lake of the Woods County Board of Commissioners met in special session on Friday, April 1, 2011, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chairman Moorman called the meeting to order at 8:15 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners: Todd Beckel, Hanson and Moorman.  Also present was: County Auditor, John W. Hoscheid. Absent:  Commissioners Arnesen and Patty Beckel.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with the following additions: Sanford Health Lease Agreement and Community Reinvestment Fund USA.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

Public Hearing

Chairman Moorman discussed the Economic Development Authority meeting, which was held on March 28, 2011. The EDA board requested that the County Board set a Public Hearing on April 26, 2011 at 3:00 p.m. for the proposed Modification of the Boundaries of Redevelopment Project area No. 1.

Resolution

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

RESOLUTION NO. 2011-04-01

SET PUBLIC HEARING ON THE MODIFICATION OF THE BOUNDARIES OF REDEVELOPMENT PROJECT AREA NO. 1

WHEREAS: Redevelopment Project Area  No. 1 (the “Project Area”), and the Plan relating thereto (the “Plan”), were adopted by the Lake of the Woods County Economic Development Authority (“LOW EDA”), upon proper notice and public hearing on January 25, 2011;

WHEREAS: the LOW EDA is proposing to acquire property and construct a building (the “School”) for the purpose of leasing the School to a technical college to operate a Lineman School in Lake of the Woods County (the “Lease”);

WHEREAS: it is proposed that the United States Department of Agriculture Rural Development will make a grant to North Star Electric Cooperative to fund a loan to the LOW EDA to partially finance construction of the School;

WHEREAS: the Lake of the Woods County Planning Office has reviewed and approved the Plan;

WHEREAS: in order for the LOW EDA to fully exercise its redevelopment powers with respect to the School and other projects, the School site and the site of any other project must be within the Project Area;

WHEREAS: the LOW EDA is requesting the Lake of the Woods County Board to hold a public hearing on the proposed modification of the boundaries of the Project Area to enable the LOW EDA to utilize the powers granted to it for the School and throughout the entire County;

BE IT RESOLVED, that Lake of the Woods County Board of Commissioner request the following:

  1. Public Hearing. 

The Board requests the County Auditor on behalf of the County to set a public hearing to be held by the County Board on the modification of the boundaries of the Project Area on Tuesday, April 26, 2011, at 3:00 p.m.

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

Sanford Medical Center- Thief River Falls

County Auditor, John W. Hoscheid met with the board and presented a lease agreement for space at the Government Center North with Sanford Medical Center.

Motion

Motion was made by Commissioner Todd Beckel to authorize Chairman Moorman to sign the lease agreement for space between Lake of the Woods County and Sanford Medical Center, Thief River Falls effective January 1, 2011 and terminating December 31, 2011.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Community Reinvestment Fund USA

The board received correspondence, from EDA Secretary, Christie Russell informing them that there will be a presentation by Community Reinvestment Fund USA on April 12, 2011 at 6:30 p.m. in Baudette.  This was placed on April 12, 2011 board agenda.

RECESS

With no further business before the Board, Chairman Moorman called the meeting to recess at 8:40 a.m.

Attest:                                                                                     Approved: April 12, 2011

____________________________                                        ____________________________

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

Commissioner Proceedings

April 12, 2011

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 12, 2011, in the Commissioners’ Room at the Government Center.

Sheriff’s Work Session

County Sheriff Dallas Block and Chief Deputy Sheriff Terry Bandemer met with the County Board at 8:00 a.m. for a work session to discuss the following:  Stonegarden, Truck Usage, Northwest Angle and Inventory.  No action was taken.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Tom Hanson to approve the agenda with the following additions:  Vanguard Appraisals and County Attorney. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.  

Work Session

It was the consensus of the County Board to schedule a work session for the County Sheriff’s Department on Tuesday, April 26, 2011 at 8:00 a.m.

Approval of Consent Agenda

Motion

Motion was made by Commissioner Todd Beckel to approve the consent agenda for travel as follows: Dessa Brunette to Willmar for mandatory training for new social workers – April 29, May 23-25, June 15-17, August 17-19 and September 19-21; and Lorene Hanson to St. Paul for MCIT Public Sector training – April 13-15.   The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Todd Beckel to approve the minutes of March 22, 2011, regular meeting, with changes; and April 1, 2011, special board meeting The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Social Services Director

Claims

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

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

                                                Commissioners’ Warrants           $ 15,979.44

                                                Commissioners’ Warrants           $   6,880.27

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

Contract for Services

Social Services Director, Nancy Wendler met with the County Board requesting approval to contract for child support services for an interim of 6 months. 

It was the consensus of the County Board to approve moving forward with preparing a contract for child support services, and to then have Nancy bring the proposed contract to the County Board for final review and approval.

Collaborative Grant

Social Services Director, Nancy Wendler informed the County Board of a Collaborative Grant approved for Lake of the Woods County.

County Auditor

Claims

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

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

                                                Revenue                      $  135,957.66  

                                                Road & Bridge           $    25,120.41

                                                County Development $         652.00

                                                Solid Waste                $    24,243.64

                                                                                    $  185,973.71

WARRANTS FOR PUBLICATION

Warrants Approved On 4/12/2011 For Payment 4/15/2011

Vendor                                                          Amount

Affiliated Computer Services                                      9,247.10

Cenex Co-Op Services, Inc.                                      5,629.61

Drown Associates,Inc/David                                     12,159.40

Low Highway Dept                                                       2,155.24

Mar-Kit Landfill                                                           11,281.05

Motorola Solutions, Inc                                             20,802.15

Norling Construction, Inc/Adam                               58,500.00

R & Q Trucking, Inc                                                     2,402.65

Roseau County Cooperative Assn                             2,108.88

University Of Mn                                                          8,307.50

Voyageurs Communications, Inc                               4,793.34

Voyageurs Comtronics, Inc                                        2,640.00

Woody’s Service                                                          2,606.76

91 Payments less than 2000 $43,340.03

Final Total: $185,973.71

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

                                                March 23, 2011          $    13,591.34

                                                March 29, 2011          $           52.50

                                                April 5, 2011              $  106,869.65

                                                April 6, 2011              $    69,360.11

                                                April 7, 2011              $  103,488.00

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

Recess

The meeting was called to recess at 9:30 a.m. and reconvened at 9:35 a.m. as follows:

Line Workers Facility

County Auditor, John W. Hoscheid gave an update to the County Board on expenses to date for the Line Workers Facility.

Postage Machine Motion

Motion was made by Commissioner Ed Arnesen to accept the proposal from Deatons Mailing Systems, Inc and to authorize purchasing a postage machine in the amount of $9,662.57, with the funding from the revenue fund.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Willie Walleye Day

Motion was made by Commissioner Todd Beckel to contribute $500 to the Willie Walleye Day celebration, with the funding from the revenue fund.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Vanguard Appraisals

Motion was made by Commissioner Tom Hanson to approve the Document Image Capture and Extractor of Data (DICED) License Agreement and Service Contract with Vanguard Appraisals, Inc; and further authorize the County Board Chairman Ken Moorman and County Auditor John W Hoscheid to sign the same.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Veterans Service Policy

Commissioner Tom Hanson presented a draft Veterans Service Policy to the County Board for review and discussion.

Recess

The meeting was called to recess at 10:05 a.m. and reconvened at 10:15 a.m. as follows:

Assessor’s Office

Appointment of Interim County Assessor

Assistant Assessor, Dale Boretski met with the County Board to discuss the County Assessor vacancy.

Motion was made by Commissioner Ed Arnesen to appoint Dale Boretski as Interim County Assessor, with an increase of $500 per month, beginning March 8, 2011, until further notice.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, carried as follows:  Voting For:  Commissioners:  Ed Arnesen, Patty Beckel, Tom Hanson and Ken Moorman;  Voting Against:  Commissioner Todd Beckel. Commissioner Todd Beckel (other responsibilities in the office will be taken on by other office staff that will not be compensated)  

Recorder’s Office

Passport Acceptance Agent

County Recorder, Susan Ney updated the County Board on the Passport Acceptance Facility and the staffing modifications being made to implement a “Dual Function Facility” effective April 25, 2011. 

Old/New Business

Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund- update;

Land Acquisition – It was the consensus of the County Board to schedule a work session for Tuesday, May 10, 2011, at 8:00 a.m.;

Red Lake Tribe – update;

Township Road Inventory – reviewed;

Line Workers School – reviewed;

Veterans Service Policy – reviewed;

Inventory – nothing new;

Beaver – reviewed correspondence on Senate/House Bills for Beaver Control;

Clementson Bridge Property – update;

CAMA-   update;

Goals and Objectives – update.

Community Reinvestment Fund USA

Correspondence was read reminding the County Board of the presentation for the Community Reinvestment Fund USA at the Government Center at 6:30 p.m., Tuesday, April 12, 2011.

NW Community Action – Gayle Peterson

NW Community Action Representatives Gayle Peterson and Diane Hayes updated the County Board on the services provided by NW Community Action and requested the following resolutions:

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

Resolution Authorizing Administration of

the Minnesota Housing Finance Agency’s

Family Homeless Prevention and Assistance Program

Resolution Number   11-04-01

WHEREAS, the need for homeless prevention and assistance exists in Lake of the Woods County and Northwest Community Action, Inc;

WHEREAS, Tri-Valley Opportunity Council, Inc. desires to administer the Minnesota Housing Finance Agency’s Family Homeless Prevention and Assistance Program in Lake of the Woods County in accordance with all applicable State and Federal regulations; and

WHEREAS, in order to administer the Minnesota Housing Finance Agency’s Family Homeless Prevention and Assistance Program in Lake of the Woods County, it is necessary for Tri-Valley Opportunity Council, Inc. to file a resolution of approval executed by the Lake of the Woods County Board of Commissioners with the Minnesota Housing Finance Agency;

NOW, THEREFORE BE IT RESOLVED, that Tri-Valley Opportunity Council, Inc. is hereby authorized to:

  1. Submit a proposal to the Minnesota Housing Finance Agency for funds from the Family Homeless Prevention and Assistance Program to assist people in Lake of the Woods County;
  2. Administer the Family Homeless Prevention and Assistance Program in Lake of the Woods County, according to the program guidelines, contingent upon funding being granted.

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

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

Support Services For Long-Term Homeless People

Living In Northwestern Minnesota

Letter of Agreement

Lake of the Woods County

Resolution Number   11-04-02

Lake of the Woods County Board of Commissioners agrees to participate in “Support Service Funds for Long-Term Homeless People” from the Department of Human Services, in collaboration with a multi-county consortium consisting of Northwest Regions 1 and 2, and West Central Region 4.

Hubbard County will serve as the Lead County and Grantee for this project.

Leech Lake Indian Reservation, White Earth Indian Reservation, and Red Lake Indian Reservation will partner with the multi-county consortium and will receive services as a result of this project.

Lake of the Woods County Board of Commissioners affirms to fully cooperate and participate in the collaborative project to provide support services to individuals and families who experience long-term homelessness. 

Lake of the Woods County Board of Commissioners and Mahube Community Council, Inc. agrees to communicate with partners of the multi-county consortium on a regular basis, receiving reports and information regarding progress of the project from the Service Provider Partner.

Lake of the Woods County Board of Commissioners agrees to review the service plan and provide feedback to the Service Provider Partner regarding expectations and services provided. 

Lake of the Woods County Board of Commissioners will participate in decision making for the project with the multi-county consortium.

In the event that full funding is not received, secured funds will be pro-rated relative to each county/agency/tribe’s original request.

The contact person for the Northwestern Minnesota Support Services for Long-Term Homeless People project is Leah Pigatti.

The administrative agent for the project is Mahube Community Council, Inc. 

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

Lake of the Woods Sustainability Foundation

Motion was made by Commissioner Todd Beckel to appoint Commissioner Ed Arnesen as the appointment from Lake of the Woods County to the Lake of the Woods Sustainability Foundation Committee and to appoint Commissioner Patty Beckel as the alternate.  The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.

Committee Reports:

The following committee reports were heard and discussed: 

  • Commissioner Tom Hanson reported on:
    • Hwy 11 Task Force
  • Commissioner Patty Beckel reported on:
    • GIZIIBII
  • Commissioner Todd Beckel reported on:
    • MRCC
    • AMC Legislation
    • Line Workers Facility
    • PILT
    • Northern County Land Use Meeting
  • Commissioner Ken Moorman reported on:
    • Aging Advisory Committee
    • Mental Health Advisory

Emergency Management

Limited Interoperability Participation Plan

Emergency Management Director Holly House updated the County Board on the Limited Interoperability Participation Plan.

Motion was made by Commissioner Todd Beckel to approve the updated Limited Interoperability Participation Plan as presented; and further authorize County Board Chairman Ken Moorman to sign the same.  The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.

Recess

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

Planning Commission

Motion was made by Commissioner Tom Hanson to close the regular meeting at 1:00 p.m. and open the Planning Commission. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

The following were in attendance for the Planning Commission – Conditional Use Permit for Kevin King:   Kevin King, Gregg Hennum, Michele Thompson, Linda Kingery and Bradley Kingery.

Kevin King- Request for Conditional Use Permit

Kevin King (Northwoods Getaway, LLC) – A Conditional Use Permit as required by the Lake of the Woods County Zoning Ordinance, to allow a commercial business consisting of short term vacation rental or applicant’s existing residential cabin in a Natural Environment District.

Land & Water Planning Director, Josh Stromlund explained the request of Mr. Kevin King.  He stated that Mr. King would like to operate a commercial business consisting of renting out his current seasonal residence on Lot 13, Block 2, Brush Island Subdivision.    He then introduced Mr. King to explain the request in more detail.

Mr. King explained that because he resides at this location for less than 1/3 of the year, he would like to rent out the entire place to offset the mortgage and taxes.  The residence would be able to accommodate 10 individuals which would consist of single party rentals on a weekly basis.  He doesn’t anticipate more than 8 or 10 rentals per year as it is geared toward high end clientele.  There will be no food services available to the clientele as they will be on their own to prepare their own meals.  He does own an additional lot on Brush Island and currently has no intentions to utilize that for commercial business.

Chairman Ken Moorman opened the floor for testimony.

Greg Hennum stated that he was not for or against this type of proposal but rather to ensure that Mr. King’s request is on a level playing field with the resorts in the area.  Mr. Hennum’s main concern was that Mr. King would be paying lodging tax, insurance, and inspected by the Minnesota Department of Health if required to do so.

Michele Thompson stated that when she purchased the property she was told that it was a quiet residential area.  This proposal would increase new traffic to the area and would lead to debris, glass, garbage and increased use of the marina.  She continued to say that we don’t know who is next door to us and we leave everything out in the open.  She wondered who would pay for the road and marina maintenance; and would the clients be charged, as it would increase the use of the marina and trail?

Linda and Bradley Kingery shared the same concerns as Ms. Thompson.  They stated that there is commercially zoned property located on the island near the marina.  They have talked with Jerry Klema in regards to the commercial use of the property.  They wondered about increased law enforcement in handling the bad clients versus the good clients.  They also brought up the Covenants and Restrictions that run with the land.

Chairman Moorman brought the discussion back to the table and Commissioner Arnesen asked if the Minnesota Department of Health would require licensure of this type of project.  Mr. Stromlund stated that the regulations are gray, but he would further look into if the Minnesota Department of Health would require licensure or not.  In regards to the Covenants and Restrictions, Mr. Stromlund indicated to the County Board that they have not been recorded against the property and the office does not have a copy, but he would contact the developers to obtain one.  Mr. Stromlund said that at the next County Board meeting he would hope to provide these documents for the County Board to review.

Motion was made by Commissioner Todd Beckel to close the Planning Commission and open the regular meeting at 1:53 p.m. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

SWCD

Land & Water Planning Director, Josh Stromlund met with the County Board presenting a “Solicitation for Offers” for space requirements for the current occupants at the Federal Building (SWCD, NRCS and FSA).  The County Board discussed the offer and declined to bid.

NRCS Watershed Team

Land & Water Planning Director, Josh Stromlund gave an update to the County Board on the NRCS Watershed Team.

County Attorney-Work Session

County Attorney, Phil Miller met with the County Board to discuss potential revenue sources, upcoming cases requiring additional time, and health insurance.

Sheriff’s Office

Authorization to Purchase Squad Car

County Sheriff, Dallas Block and Chief Deputy Sheriff, Terry Bandemer met with the County Board.  They presented quotes and requested approval to purchase a new squad car with funding from the Stonegarden Grant.

Motion was made by Commissioner Tom Hanson to approve the purchase of a 2011 Chevrolet Caprice in the amount of $27,164.78 with the funding from the Stonegarden Grant.  The motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried.

Correspondence:

The following correspondence was read and acknowledged:  AMC 2011 Budget Reductions and Senate/House Bills for Beaver Control.

Recess

With no further business before the board, Chairman Ken Moorman recessed the meeting at 3:53 p.m.

Attest:                                                                                                 Approved: April 26, 2011

____________________________                                                    ____________________________

John W Hoscheid,                                                                               Ken Moorman,

County Auditor                                                                                  Chairman of the Board

Commissioner Proceedings

April 26, 2011

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 26, 2011, in the Commissioners’ Room at the Government Center.

Sheriff’s Work Session

County Sheriff Dallas Block and Chief Deputy Sheriff Terry Bandemer met with the County Board at 8:00 a.m. for a work session.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Todd Beckel to approve the agenda with the following additions:   purchase of ATV, travel for Jo Thoreson, discussion of Tax Forfeited Land, Part-time Deputy Sheriff hire, Part- time Sheriff PERA. 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 for travel as follows:  Jodi Ferrier to Woodbury on August 15-18 for Chemical Dependency Assessor Training, Dawn Christianson to Alexandria on June 5-9 for MCCC Conference; Jo Thoreson to Brainerd on May 11-13 for Central Minnesota Clerical Personnel Association Staying Afloat During Turbulent Times.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Patty Beckel to approve the minutes of April 12, 2011, regular meeting, with changes. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Social Services Director

Claims

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

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

                                                Commissioners’ Warrants           $ 14,745.16

                                                Commissioners’ Warrants           $ 27,702.35

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

Contract for Services

Social Services Director, Nancy Wendler met with the County Board requesting approval for a contract with Sanford Medical Center. 

Motion

Motion was made by Commissioner Patty Beckel to approve the contract between Sanford Medical Center in Thief River Falls and Lake of the Woods County Social Services for the period of 05/01/11 – 04/30/12 for the provision of onsite mental health physician’s assistant services for medication management and medication education and to authorize Chairman Ken Moorman and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

County Auditor

Claims

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

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

                                                Revenue                        $  26,650.15  

                                                Road & Bridge             $ 1 4,601.68

                                                County Development   $       713.00

                                                Solid Waste                  $    1,235.85

                                                                                     $   43,200.68

WARRANTS FOR PUBLICATION

Warrants Approved On 4/26/2011 For Payment 4/29/2011

Vendor Name                      Amount

Arnesen/Ed                                   3,915.22

Avtex Solutions, Llc                     5,000.00

Minnesota Ui                                2,761.38

Mn Counties Computer Co-Op   3,952.90

Pb Distributing Inc                        7,784.00

41 Payments less than 2000 $19,787.18

Final Total: $43200.68

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

                                                April 13, 2011            $    47,818.92

                                                April 20, 2011            $    63,211.18

                                                April 23, 2011            $    99,256.83

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

Snowmobile Trails

County Auditor, John W. Hoscheid requested approval for the Sponsorship of Snowmobile Trails Assistance Program for Border Trails, Northwest Angle Edge Riders Club and Lake of the Woods Drifters.

Resolutions

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

Resolution No. 11-04- 03

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Border Trails maintenance of snowmobile trails managed by Border Trails.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

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

Resolution No. 11-04- 04

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

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

Resolution No. 11-04-05

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Big Traverse maintenance of snowmobile trail managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Sjoberg’s Cable T.V.

County Auditor, John W. Hoscheid met with the board and presented the Sjoberg’s Cable T.V. Agreement to the board for their approval.

Motion

Motion was made by Commissioner Hanson to enter into a service agreement between Sjoberg’s Inc., and Lake of the Woods County for signals from KXJB,KVLY, WDAZ and KBRR to be delivered to its translator site located at Williams, MN,  in the amount of $1,334.00 per month, retroactive from October, 2009  and authorize Chairman Moorman, County Attorney, Philip Miller and County Auditor, John W. Hoscheid to sign.  The motion was seconded by Commissioner Patty Beckel and the vote carried as follows:  Voting for:  Commissioners Hanson, Patty Beckel and Moorman. Voting against:  Commissioner Todd Beckel. Commissioner Todd Beckel thanked Commissioner Hanson for all his work on getting the agreement in place, but cannot support County T.V. 

Department of Public Safety Lease

County Auditor, John W. Hoscheid met with the board and presented the lease with the State of Minnesota for the Department of Public Safety, Driver and Vehicle Services for the use of the Commissioners’ Room for Drivers License exams.

Motion

Motion was made by Commissioner Todd Beckel to enter into a lease agreement between Lake of the Woods County and the State of MN Department of Administration, acting for the benefit of the Department of Public Safety, Driver and Vehicle Services for occupying the Commissioner’s Room for driver exam station commencing on July 1, 2011 through June 30, 2014, between the hours of 10:00 a.m. to 2:30 p.m. on the 1st, 3rd, and 5th Thursday of each month and authorize County Auditor, John W. Hoscheid and Chairman Moorman to sign.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Affidavit for lost warrant

County Auditor, John W. Hoscheid met with the board requesting approval for a lost warrant for Jean Larson.

Motion

Motion was made by Commissioner Patty Beckel to approve the application and affidavit for lost warrant for Jean Larson dated November 12, 2010 for $194.25 without furnishing indemnifying bond.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Service Contract with Roseau County

County Auditor, John W. Hoscheid met with the board requesting approval for professional service contract with Roseau County Auditor’s office for property tax process and training.

Motion

Motion was made by Commissioner Hanson to enter into a Professional Service Contract with Roseau County Auditor’s office to provide property tax process and training commencing May 1, 2011 and terminating December 31, 2011 and authorize Chairman Moorman, County Auditor, John W. Hoscheid and County Attorney, Philip Miller to sign.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Tax Forfeited Land

County Auditor, John W. Hoscheid met with the board and presented a letter that he is sending to the   City of Baudette for their approval for a public auction, or auction to adjacent owners, or requests a conveyance to the City of Baudette for public use for a parcel of land that has forfeited in the City Limits.

Part time Deputy Sheriff Hire

County Auditor, John W. Hoscheid met with the board requesting approval to hire a Part time License Deputy Sheriff.

Resolution

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

Hiring of a Licensed Part-Time Peace Officer

Resolution No. 2011-04-06

WHEREAS; MN Statute § 626.8468 allows a Law Enforcement Agency to employ licensed part-time peace officers; and

WHEREAS, MN Statute §626.84 subd. 1 (d) allows licensed part-time peace officers to work no more than an average of 20 hours per week (1,040 hour per year), not including time spent on call when no call to active duty is received, calculated on an annual basis, who has either full powers of  arrest or authorization to carry a firearm while on active duty; and

WHEREAS, the Sheriff and the County Board desires to fill the position recently vacated by the retirement of Robert Nunn; and

NOW THEREFORE, BE IT RESOLVED, Lake of the Woods County Sheriff, Dallas Block recommends to the County Board to hire Jason Goulet as a licensed part-time peace officer for Lake of the Woods County, effective April 25, 2011;

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

PERA Resolution

County Auditor, John W. Hoscheid met with the board requesting approval for Jason Goulet to be in the Police and Fire plan with Public Employees Retirement Association.

Resolution

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

County Board PERA Resolution

Resolution   2011-04-07

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

Public works department

Project sp 039-070-004

Public Works Director, Tim Erickson met with the board and presented the Bidders List for project- SP 039-070-004 as follows:

KGM Contractors, Inc.           $167,279.00

                                                  Knife River Materials             $176,728.00

                                                  Mark Sand & Gravel Co.        $476,542.50

                                                  Minn-Dak Asphalt Inc.          $224,622.76

Public Works Director, Tim Erickson recommended to award the bid to KGM Contractor Inc.

Motion

Motion was made by Commissioner Todd Beckel to award the bid for S.P. 39-070-004, Shoulder Paving and Rumble Strips to KGM Contractors, Inc. in the amount of $167,279.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Project S.A.P. 39-605-09 and S.A.P. 39-616-06

Public Works Director, Tim Erickson met with the board and presented the Bidders List for project- S.A.P. 39-605-09 and S.A.P. 39-616-06 as follows:

                                                KGM Contractors, Inc.           $1,863,828.40

                                                Knife River Materials             $1,378,287.20

                                                Mark Sand & Gravel Co.        $1,447,094.12

                                                Minn-Dak Asphalt Inc.           $1,599,644.20

Public Works Director, Tim Erickson recommended to award the bid to Knife River Materials.

Motion

Motion was made by Commissioner Hanson to award the bid for S.A.P. 39-605-09 and S.A.P. 39-616-06, Mill Bituminous Surface, Bituminous Surfacing and Aggregate Shoulders in the amount of $1,378,287.20.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Autocad Civil 3D Crossgrade Software

Public Works Director, Tim Erickson met with the board requesting approval to purchase two (2) Autocad Civil 3D Crossgrade software licenses.

Motion

Motion was made by Commissioner Todd Beckel to authorize the Public Works Director to purchase two (2) Autocad Civil 3D Crossgrade software licenses to compliment the Public Works Department’s GID and Trimble Software.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Mowers

Public Works Director, Tim Erickson met with the board requesting approval to purchase two (2) new mowers.

Motion

Motion was made by Commissioner Hanson to authorize the Public Works Director to purchase two (2) new mowers for the Public Works Department in the amount of $13,500 with trade as previously approved within the 2011 capital expenditure budget.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Reappointment

Public Works Director, Tim Erickson met with the board to discuss his four (4) year reappointment as Public Works Director.

Motion

Motion was made by Commissioner Todd Beckel to reappoint Public Works Director, Tim Erickson to another four-year term beginning on May 1, 2011.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Job Evaluation- Public Works Director

The board will meet on May 17, 2011 at 7:00 a.m. for Public Works Director, Tim Erickson job evaluation.

County Auditor

County Auditor, John W. Hoscheid and Chief Deputy Auditor, Lorene Hanson met with the County Board to explain the PERA plans.

Rescinding PERA Resolution No. 2011-04-07

Motion was made by Commissioner Todd Beckel to rescind the previous PERA Resolution No. 2011-04-07.  The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.

Baudette Tower Space

County Auditor, John W. Hoscheid met with the County Board and presented a letter of request from Minnkota Power to lease antenna space off the Baudette Tower.  It was the consensus of the County Board to have County Auditor, John W. Hoscheid move forward with a lease agreement with Minnkota Power.

MN Redesign

The board discussed the Minnesota Accountable Government, Innovation and Collaboration (MAGIC) Act.

Resolution

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

Resolution No. 11-04-08

Minnesota Accountable Government, Innovation and Collaboration (MAGIC) Act

WHEREAS, Minnesota is consistently placed at or near the bottom of national measures that assess the capacity for local government innovation in all 50 states,

WHEREAS, Minnesota and its counties face significant demographic trends that will require innovative approaches to program delivery in order to adequately meet the growing and changing needs of citizens;

WHEREAS, counties with innovative ideas should be provided the requisite opportunity and flexibility to successfully implement those ideas so as to best serve their communities,

WHEREAS, counties across Minnesota boast significant geographic, demographic and economic diversity that thus requires maximum flexibility in programmatic implementation,

WHEREAS, counties are willing and able to identify, implement and methodically verify increased programmatic efficiencies through a process that will cultivate and sustain a strong and trusting state-local partnership, and

WHEREAS, transitioning to an outcomes-based system of program evaluation is in the best interest of every Minnesota citizen and government that desires to maximize public resources and enhance the quality of life in their community to the fullest extent possible,

BE IT THEREFORE RESOLVED, that Lake of the Woods County recommends that the Legislature and governor work cooperatively with all 87 counties to swiftly pass the MAGIC Act into law during the 2011 legislative session, thus implementing a system that will enhance and incent local government efficiency and innovation throughout Minnesota by:

  1. Allowing counties to take any action not prohibited by state law to provide for the health, safety and general welfare of the public; and
  2. Creating a measured, outcomes-based waiver process whereby counties, in partnership with the legislative and executive branch of state government, can implement efficiency-based, time-limited pilot programs that are subject to final review by the Legislature and governor and will create a repository of best practices so as to improve long-term policy decisions across the state.

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

 RECESS

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

Sheriff’s Office

County Sheriff, Dallas Block and Chief Deputy Sheriff, Terry Bandemer met with the board requesting approval to purchase a 2011 Arctic Cat Prowler from the ATV grant in the amount of $12,999.

Motion 

Motion was made by Commissioner Hanson to authorize Sheriff Dallas Block to purchase the Arctic Cat Ranger in the amount of $12,999 from the ATV grant and any applicable sales and registration taxes.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Minnesota Counties Intergovernmental Trust(MCIT)

MCIT Risk Management Consultant, Bob Goede met with the board to review the 2010 annual report. The board thanked Bob for his presentation.

RECESS

The meeting was called to recess at 11:45 a.m. and reconvened at 1:00 p.m.

Land and Water Planning

Land and Water Planning Director, Josh Stromlund met with the board for consideration of the Kevin King, Northwoods Getaway, LLC Conditional Use Permit. After discussion, the Board’s decision was to table this request and place it on the May 24, 2011 agenda.  This was at the request of the landowners present and Mr. King in order for them to have ample time to discuss what possible conditions may be placed on the conditional use permit, if approved by the board.

NRCS Watershed Team

Land and Water Planning Director, Josh Stromlund informed the board that the NRCS Watershed potential meeting date will be on May 12, 2011 at 5:00 p.m. in the Commissioners’ Room.

International LOW and Rainy River Watershed Task Force

Land and Water Planning Director, Josh Stromlund informed the board that the interim report is out for comments; May 12, 2011 the final draft report will be completed and June 15, 2011 the review of draft will take place in Baudette.

RECESS

The meeting was called to recess at 2:15 p.m. and reconvened at 2:35 p.m. as follows:

OLD/New Business

Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund- no update;

Land Acquisition – May 10, 2011 board meeting at 8:00 a.m.;

Red Lake Tribe – May 9, 2011 will meet;

Township Road Inventory – road tour;

Line Workers School – April 28 at 7:00 a.m.;

Veterans Service Policy – no update;

Inventory – nothing new;

Beaver – liaison will meet with Highway to review their concerns;

Clementson Bridge Property – road tour;

CAMA-   waiting on software;

Goals and Objectives – noupdate.

PUBLIC HEARING

Motion was made by Commissioner Hanson to close the regular meeting at 3:02 p.m. and open the public hearing for the modification of the Boundaries of Redevelopment Project Area No.1. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Traci Ryan, Associate from David Drown Associates met with the board and explained the modification of the Boundaries of Redevelopment Project #1.

Chairman Moorman opened the floor for comments.  No comments or correspondence was noted.

Motion was made by Commissioner Todd Beckel to close the public hearing at 3:09 p.m. and open the regular meeting.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Resolution

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

RESOLUTION NO. 11-04-09

APPROVING THE MODIFICATION OF THE BOUNDARIES OF

REDEVELOPMENT PROJECT NO. 1,

WHEREAS:

  1. Redevelopment Project No. 1 was created on January 25, 2011, under the provisions of Minnesota Statutes, Sections 469.027 through 469.028 and 469.174 through 469.1799, inclusive, as amended (collectively, the “Act”);
  2. The Lake of the Woods Economic Development Authority will undertake projects throughout Lake of the Woods County and may utilize the authority provided by Redevelopment Project law.
  3. Boundaries of Redevelopment Project No. 1 are proposed to be modified to be coterminous with the boundaries of Lake of the Woods County to allow the Lake of the Woods Economic Development Authority to undertake projects throughout the County; and
  4. The County has performed all actions required by law to be performed prior to the Modification of Redevelopment Project No. 1,

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

The County hereby approves the Modification of Redevelopment Project No. 1 to expand the boundaries to be coterminous with the boundaries of Lake of the Woods County.

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

Resolution

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

RESOLUTION NO. 11-04-10

ASSIGNMENT OF LEASE TO LAKE OF THE WOODS COUNTY ECONOMIC DEVELOPMENT AUTHORITY

WHEREAS, the County Board of Commissioners (the “Board”) of Lake of the Woods County and the Board of Trustees of the Minnesota State Colleges and Universities, Minnesota State Community and Technical College (the “Tenant”) entered into an Occupancy Lease (the “Lease”) commencing August 1, 2010, the legal description of the property subject to the Lease is as follows:

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

WHEREAS, the Board desires to assign the Lease to Lake of the Woods County Economic Development Authority (the ”LOW EDA”) to facilitate the financing, construction and establishment of a line worker’s school; and

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

NOW, THEREFORE:

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

BE IT RESOLVED by the Board, that notwithstanding provisions contained in the Lease to the contrary, rent payments by the Tenant to the LOW EDA shall commence on July 1, 2011.

BE IT FURTHER RESOLVED by the Board, that the County authorizes its Chairperson and Auditor, on behalf of the County, to execute any and all such documents and instruments as may be necessary to (a) facilitate the assignment of the Lease to the EDA,

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

Committee Reports:

The following committee reports were heard and discussed: 

  • Commissioner Tom Hanson reported on:
    • Airport
    • SWCD
  • Commissioner Patty Beckel reported on:
    • GIZIIBII-
  • Commissioner Todd Beckel reported on:
    • PILT
    • Collaborative
    • Line Workers Facility
  • Commissioner Ken Moorman reported on:

o   HRDC

Curb Side Chat Presentation

The board discussed the Curb Side Chat presentation and appreciated Pam Otto for organizing the meeting and inviting them.

Correspondence:

The following correspondence was read and acknowledged:  Zippel State Park; Thank-you note from Mr. Krause class.

Recess

With no further business before the board, Chairman Ken Moorman recessed the meeting at 3:30 p.m.

Attest:                                                                                                 Approved: May 10, 2011

____________________________                                                    ____________________________

John W Hoscheid,                                                                               Ken Moorman,

County Auditor                                                                                  Chairman of the Board

April, 2010

Commissioner Proceedings

April 6, 2010

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 6, 2010, 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 Patty Beckel, Arnesen, Todd Beckel, Hanson, and Moorman.   Also present were: County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst, John Oren and Gary Noble.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions:

I/Mobile Data System, Tax Increment Financing and North Star Meeting. The motion was seconded by Commissioner Patty Beckel 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 of Monique Arnesen and Jodi Ferrier to Bemidji on April 22 & 23 Permanency Planning and Adoption Process; Julie Berggren to Carlton on April 14 & 15 for Advanced Civil Process training.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Todd Beckel to approve the minutes of March 23, 2010, regular meeting with changes. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

SOCIAL SERVICE DIRECTOR

Claims

Financial Officer, Christine Hultman met with the board requesting approval of claims:  

Motion

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

                                                Commissioners’ Warrants           $10,606.79

                                                Commissioners’ Warrants           $  5,704.74

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

COUNTY AUDITOR

Claims

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

Motion

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

                                                Revenue                               $      21,582.59         

                                                Road & Bridge                     $      10,996.24

                                                Co. Development                 $        1,243.00  

                                                Solid Waste                          $      19,478.91

                                                                                             $      53,300.74  

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  4/06/2010 FOR PAYMENT  4/09/2010

     AMOUNT   VENDOR NAME                                                                  AMOUNT   VENDOR NAME

          372.50 ROSE ANDERSON                                                                    353.58 AUTO VALUE BAUDETTE

          669.32 TERRY BROWN                                                                      1067.97 CROWNE PLAZA RIVERFRONT

          342.21 GALL’S, AN ARAMARK CO LLC                                              1075.41 RICHARD GOODERUM

          511.73 GRACETON GARAGE & BODY SHOP, I                                 543.75 HOWARD’S OIL COMPANY

          308.76 JACKPOT JUNCTION CASINO HOTEL                                 3595.56 KUSTOM SIGNALS, INC

          695.46 LAKES GAS CO.                                                                      3066.44 LOW HIGHWAY DEPT

      12054.60 MAR-KIT LANDFILL                                                                   590.04 METRO FORMS, INC

          450.00 MN ASSN OF COUNTIES                                                       1312.20 MN COUNTIES COMPUTER CO-OP

          650.25 MN HOMELAND SECURITY & EMERGEN                             2728.81 NORTHWEST ANGLE&ISLAND FREIGHT

          418.22 PIRKL LUMBER & CARPET                                                       316.50 PITNEY BOWES INC.

        5271.04 POWERPLAN                                                                           2053.72 R & Q TRUCKING, INC

          472.38 TRUE VALUE                                                                           3892.60 VOYAGEURS COMMUNICATIONS, INC

        2640.00 VOYAGEURS COMTRONICS, INC                                        3036.83 WIDSETH SMITH NOLTING&ASST INC

          329.70 ZEE MEDICAL SERVICE

34 PAYMENTS LESS THAN  $300       4,481.16

****                  FINAL TOTAL…….     $53,300.74  ****

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

                                                   March 24, 2010      $      8,355.93

                                                   March 25, 2010      $    47,715.49        

                                                   March 30 2010       $  433,043.77

                                                   March 30, 2010      $      1,110.00

                                                   April 1,     2010      $         400.00

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

Recovery Zone Bonds

County Auditor, John W. Hoscheid presented a letter from Minnesota Management & Budget inquiry whether Lake of the Woods County intends to utilize the Recovery Zone Bonds.  The board requested that the County Auditor look into to this and report back at the April 27 board meeting.

Change of Board Dates

County Auditor, John W. Hoscheid met with the board and informed them that there is now a conflict with the August 10, 2010 board meeting date for the States Primary Election has been moved from September 14, 2010 to August 10, 2010.

Motion

Motion was made by Commissioner Todd Beckel to move the August 10, 2010 board meeting date to August 9, 2010 and the September 10, 2010 meeting to September 14, 2010 with the meeting times at 9:00 a.m. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Deputy Registrar 2009 Review

County Auditor, John W. Hoscheid presented the 2009 Deputy Registrar Review and informed the board that the office received a State Performance Review as “Exceeding Standards”.  The Commissioners commended the Auditor’s staff for an excellent performance review.

CRISIS RESOURCES CENTER

Tonja Reed from the Crisis Resources Center met with the board requesting support from the county for operational cost. The board placed this on the April 27th, agenda to discuss with Social Services Director, Nancy Wendler.

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 9:59 a.m.

EMERGENCY MANAGEMENT

ARMER

Emergency Management Director, Holly House met with the board requesting approval to sign the “Limited Participation Plan” which is connected with the ARMER system.  Holly explained that since the county is not committing to wholly utilizing the ARMER system is why they need to sign this plan.

Motion

Motion was made by Commissioner Moorman to authorize Chairman Arnesen and County Sheriff Dallas Block to sign the “Limited Participation Plan”.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

DOT

Emergency Management Director, Holly House met with the board requesting approval to sign the agreement between the Northwest Minnesota Regional Radio Board and the State of Minnesota Department of Transportation with the respect to the regional access to the statewide public safety radio and communications system.  

Motion

Motion was made by Commissioner Todd Beckel to authorize Chairman Arnesen to sign the Agreement between the Northwest Minnesota Regional Radio Board and the State of Minnesota Department of Transportation with the respect to the regional access to the statewide public safety radio and communications system.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

ECONOMIC DEVELOPMENT AUTHORITY (EDA)

Economic Development Assistant, Mike Reed met with the board to discuss the Economic Development Authority organization.  The board requested that Mike meet with the Joint Powers Board and bring back recommendations of who should sit on the EDA board. The consensus of the board was they were in favor of the creation of the EDA.

SHERIFF’S DEPARTMENT

Chief Deputy Sheriff, Jim Walton met with the board to discuss the part-time Deputy Sheriff’s and part-time Dispatchers Law Enforcements uniform allowances.

Motion

Motion was made by Commissioner Hanson to establish a yearly uniform stipend, to be paid their first pay period of the year, for all part-time Deputy Sheriffs and part-time Dispatchers as follows:

  • Initial Uniform stipend for part-time Deputy Sheriffs           $600.00
  • Initial Uniform stipend for part-time Dispatchers                  $200.00
  • Yearly Uniform stipend for part-time Deputy Sheriffs          $225.00
  • Yearly Uniform stipend for part-time Dispatchers                 $100.00

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

PUBLIC WORKS DEPARTMENT

Drainage Management Committee

Public Works Director, Bruce Hasbargen met with the board to review the final recommendations of the Drainage Management Committee.

Motion

Motion was made by Commissioner Todd Beckel to accept the following recommendation from the Drainage Management Committee and to authorize Public Works Director, Bruce Hasbargen to proceed with the implementation of the following:

  • Recommendations for prioritizing improvement projects
    • No list needed
    • Allow cost share program and force initiatives to address needs and requests
    • On all projects remain mindful of downstream ditch segments, don’t create problems on downstream segments
    • Reduce cash outlay for cost share projects
    • Utilize County forces as match to landowner/hired contractor
  • Recommendations for maintenance
    • Need to maintain ditches with past improvements
    • Mowing only for brush control is ok/mowing debris can cause problems
    • Keep vegetative mat from building up
    • Burn ditches
    • Spray cattails if economical
    • Need to control weeds in the ditches
    • Hopeful that the proposed Weed Management Program will address this
    • Create cost share program for spraying ditches for cattails and weeds
    • County pays for chemical/landowner sprays
    • Use a seed mixture that is not a hindrance to the grass industry
    • Do not use brome grass or sweet clover
  • Recommendations for addressing sedimentation and erosion control measures
    • Do not push buffer strips at this time
    • County needs to take care of existing weed problem before additional right of way for buffers is looked upon favorably by farmers
    • Need data/education to show there is benefits from buffer strips
    • Address individual violators that are farming right of way and into ditches
    • Need data/education to show there is a problem
    • Change cost share program so that violators cannot keep using the program
    • SWCD should work with landowners that have erosion problems
    • Need data/education to show there is  a problem
    • Draft procedures for late season ditch improvement projects
    • Require additional erosion control measures; landowner pays for
    • County should increase use of  BMP’s on field ditches which outlet into road ditch
    • Biorolls, riprap, sidewater inlets, etc.
  • Recommendations for funding
    • Committee felt that funding was a County Board level decision
    • Move savings in cost share dollars to maintenance
  • Spray cattails, spray weeds, burning, minor sediment removal
    • Obtain dedicated funding for drainage management
    • Research feasibility of Stormwater Utility Districts
  • Work with SWCD to apply for BWSR grant for feasibility study

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

Project SP 39-090-02, Shared Use Path

Public Works Director, Bruce Hasbargen met with the board to discuss the Shared Use Path, from Lake of the Woods School to Baudette.  He informed the board that the Federal Highway Administration did not approve the utilization of county forces for “in-kind services” for the local match.  The board requested that Bruce check with the school to see if they could cost share with the county on this project.

Annual Road Tour

The board discussed the Annual Road Tour with Public Works Director.  The board set May 18, 2010 at 7:00 a.m. for their Annual Road Tour.

OLD/New Business

There were no new updates on:

  • ANI
  • Oak Island Petition
  • Red Lake Tribe
  • Team Building
  • Grand Theater

There were updates on:

  • Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund- reviewed the 2011 Outdoor Heritage Fund Recommendation Appropriations.
  • County TV-discussed the Sjobergs agreement and will send letter.
  • Township Road Inventory- had meeting on April 5.

Recess

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

PLANNING COMMISSION

Motion was made by Commissioner Todd Beckel to close the regular meeting at 1:01 p.m. and open the Planning Commission. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

PUBLIC HEARING NOTICE

LAKE OF THE WOODS COUNTY PLANNING COMMISSION

There will be a Lake of the Woods County Planning Commission hearing on Tuesday, April 6, 2010, at 1:00 p.m. in the Commissioners Room of the County Government Center in Baudette, Minnesota .  The Board will consider the following requests:

Rodney Thompson                  The West 99’ of the West 264’                       A Conditional Use Permit as

                                                of the East 792’ of the NE¼ SW¼ required by the Lake of the

                                                Section 6, T-163N, R-33W                             Woods County Zoning

                                                Parcel # 16.06.31.031 – (3 acres)       Ordinance, to allow a commercial

                                                                                                                        business consisting of a small engine repair shop in a Natural Environment District.

Aaron Novak                          The W 460.02’ of the N 458.02’,                   A Conditional Use Permit as

                                                less right-of-way, of the W½ NW¼               required by the Lake of the

                                                NE¼  of Section 17, T-163N, R-34W            Woods County Zoning

                                                PID’s – 14.17.12.021 & 14.17.12.022            Ordinance, to allow a commercial

                                                Also described as Tract A & B of    business consisting of a small

                                                Doc. 79-TT in the County Recorder’s            general store with an off sale

                                                Office.                                                             liquor store and future gas pumps in a Natural Environment District.

Aaron Novak- Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented Aaron Novak’s application requesting a Conditional Use Permit to allow a commercial business consisting of a small general store with an off sale liquor store and future gas pumps in a Natural Environment District. Josh explained that he presented the request today for it was advertised and notices were sent to landowners with the present legal description, but the legal description has now changed so this Conditional Use Permit will have to be re-noticed and heard on May 11, 2010 Planning Commission.

Rodney Thompson- Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented Rodney Thompson’s Conditional Use Permit to allow a commercial business consisting of a small engine repair shop in a Natural Environment District. No letters were received and no comments were heard from the floor.

Motion

Motion was made by Commissioner Todd Beckel to close the Planning Commission at 1:38 p.m. and open the regular meeting.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

LAND AND WATER PLANNING

Land and Water Planning Director met with the board requesting approval for the 2010 Natural Resource Block Grant Allocation for Subsurface Sewage Treatment System Program (SSTS).

Motion

Motion was made by Commissioner Todd Beckel to authorize the Chairman and the Land and Water Planning Director to sign the 2010 State of Minnesota Board of Water and Soil Resources Natural Resource Block Grant Agreement and the Program Allocation and Contribution Plans as it relates to the SSTS Program. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

County Attorney

Closed Session Pursuant Minn. Stat. § 13D.05, Subd.3 (b)

The following were present in closed session: Commissioners Patty Beckel, Todd Beckel, Moorman, Hanson and Arnesen, Interim County Attorney, Michelle Moren, County Auditor, John W. Hoscheid, Social Service Director, Nancy Wendler and Human Resource Director, Wade Johannesen.

Resolution was offered by Commissioner Todd Beckel to close the regular meeting at 2: 00 p.m. and the following resolution was moved for adoption:

RESOLUTION CLOSING BOARD MEETING

Resolution No. 10-04-02

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, the County Board has been threatened with litigation involving Mary Beth Dornheim; and

WHEREAS, Counsel for Mary Beth Dornheim has requested that the County enter into settlement discussions regarding the threatened litigation; and

WHEREAS, the County Board seeks to meet with its attorney, to obtain advice regarding the threatened litigation and settlement proposals set forth by legal counsel for Mary Beth Dornheim pursuant to Minn. Stat. §388.051; and

WHEREAS, it would be detrimental to the interests of the County for the 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 the County’s positions; and

WHEREAS, there is an absolute need for the 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 of Commissioners as follows:

  1. The 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 responding to the particularized litigation against the County, and any settlement proposals which may be made by or responded to by the County.  

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

Open Closed Session

Motion was made by Commissioner Moorman to close the closed session at 2:50 p.m. and reconvene the regular meeting.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

LAND ACQUISITION

The board discussed the Dean Bernard property with Interim County Attorney, Michelle Moren.

Motion

Motion was made by Commissioner Todd Beckel to have the County continue with the efforts to procure the Dean Bernard property. In order to address defects with the title to the property, the purchase agreement must be amended to reflect that all payments made, pursuant to the terms of the original purchase agreement, shall be made to an escrow account with First National Bank of Mahnomen, Minnesota, the first mortgage holder of said property. Payments shall be made from the county from the unallocated account. The purchase agreement shall also be amended to reflect that clear title to the subject real property will be obtained by Dean Bernard with the assistance of the County Attorney’s Office and/or First National Bank of Mahnomen and/or Mr. Bernard’s legal counsel, Delray Sparby. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

MIS

mIS Director, Brent Birkeland met with the board requesting approval to enter into Joint Powers Agreement with the State of Minnesota for I/Mobile System.

Resolution

COUNTY OF LAKE OF THE WOODS

RESOLUTION TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE

 STATE OF MINNESOTA

 FOR I/MOBILE SYSTEM

Resolution No. 10-04-01

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

WHEREAS, Sheriff Dallas Block has appeared before the Lake of the  Woods County Board to discuss mobile data computing between the Lake of the Woods County Sheriff’s Department and the State of Minnesota; and

WHEREAS, the purpose of this agreement is for the State to provide Lake of the Woods County Sheriff’s Department with access to the State’s I/Mobile System; thru software purchased and installed by the county on county laptop computers mounted in the patrol vehicles; and

WHEREAS, the term of this agreement shall be for the 2010 year.

NOW THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby adopts this joint powers agreement and authorizes Chairman Arnesen to sign.

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

NORTH STAR MEETING

Chairman Arnesen updated the board on a meeting he attended at North Star with members of the community on the possibility of Wadena Technical School establishing a training center in Lake of the Woods County.

EXCUSED FROM MEETING

Commissioner Todd Beckel excused himself from the meeting at 3:25 p.m.

HUMAN RESOURCES

Human Resource Director, Wade Johannesen met with the board to renew his Human Resource Contract.

Motion

Motion was made by Commissioner Hanson to enter into a Human Resource Contract with Wade Johannesen commencing April 24, 2010 and terminating October 22, 2010 as presented.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Committee Reports

There were no committee reports.

Correspondence:

Arrowhead Library System- annual dinner; MN Board of Water & Soil Resources ( NE Wetland Mitigation Inventory); Report from Office of the Legislative Auditor (natural resource lands); MASWCD Area Meeting Update; MN Board of Water & Soil Resources ( report on Clean Water Fund Activities)

Recess

With no further business before the board, Chairman Arnesen recessed the meeting at 3:40 p.m.

Attest:                                                                                                 Approved: April 27, 2010

____________________________                                                    ____________________________

John W. Hoscheid, County Auditor                                                   Edward Arnesen, Chairman of the Board

Commissioner Proceedings

April 27, 2010

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 27, 2010, in the Commissioners’ Room at the Government Center.

Call to Order

Vice- Chair Moorman 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, Todd Beckel, Hanson and Moorman.  Commissioner Arnesen was absent.   Also present were: Deputy Auditor Janet Rudd, Deputy Auditor Lorene Hanson, Penny Mio Hirst, John Oren , Bob Peterson, Marti Carlson,  Jeff Pelland, Bill Sindelir, Bruce Hasbargen and Wade Johannesen.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions:

Import Software for Manatron/Vanguard, Post Prom and Affirmative Action. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Todd Beckel to approve the consent agenda as follows: John W. Hoscheid, Darren Olson and Stacy Novak to Brainerd for Election Training on May 4-6; Brent Birkeland to Alexandria for MCCC Annual Conference on June 7-9; Stacy Novak to Alexandria for MCCC Annual Conference on June 7-10; Rita Krause to St. Cloud for Child Support Legal Training Meeting on May 13-14; Cassie Brune to St. Paul for GA/MSA classes on June 7-9; Dale Boretski and Wayne Bendickson on  May 25 – 27 to St. Cloud  for the 2010 MAAO Summer Seminar. The motion was seconded by Commissioner Patty Beckel 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 April 6, 2010 regular meeting. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

PUBLIC WORKS DEPARTMENT

Mower

Public Works Director, Bruce Hasbargen met with the board requesting approval to purchase a mower.

Motion

Motion was made by Commissioner Todd Beckel to authorize the Public Works Director to purchase a mower in the amount up to $13,500 from Titan Machinery Inc. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Mar-Kit Sanitary Landfill

Public Works Director, Bruce Hasbargen met with the board and updated them on the Mar-Kit Sanitary Landfill. He informed the board that the tonnage was down by 3.8 percent in 2009; first decline in eighteen (18) years and the landfill has 40 years of space left.

Conference Room Use/Reservation Policy

Public Works Director, Bruce Hasbargen met with the board and requested approval for the Lake of the Woods County Conference Room Use/Reservation Policy.

Motion

Motion was made by Commissioner Patty Beckel to approve the Lake of the Woods County Conference Room Use/Reservation Policy.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Informational

Public Works Director, Bruce Hasbargen met with the board and informed them that most of the State Aid sign replacement has been completed and updated them on current projects.

Public Works Director Resignation

Public Works Director, Bruce Hasbargen presented the board with his resignation as Public Works Director effective May 28, 2010 and thanked the board for serving Lake of the Woods County for more than ten (10) years.

Motion

Motion was made by Commissioner Todd Beckel to accept Public Works Director, Bruce Hasbargen resignation as the Public Works Director for Lake of the Woods County effective May 28, 2010.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Public Works Director Replacement

The board requested the Public Works Director, Bruce Hasbargen to contact District State Aid Engineer Lou Tasa to meet with them to discuss options for replacement of the Public Works Director position in a work session.

Filling Engineering Technician/Administrative Assistant

The board discussed the hiring of the Engineering Technician/Administrative Assistant with Public Works Director, Bruce Hasbargen.  After discussion with staff from the Public Works Department the board concurred to move forward with the filling of this position.

History of Solid Waste Administrative Fees

The board discussed the Solid Waste Administrative Fees that the Public Works Department charges the solid waste account for their administrative cost. Bruce explained that all work performed in the Public Works Department is done on cost accounting and has to be charged out accordingly.

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 10:05 a.m.

DEPARTMENT OF CORRECTIONS

Marc Bloomquist, District 2 Correction Officer Supervisor and Kristen Beckel, Probation Officer met with the board and presented the 2009 County Probation Costs. He also informed the board that the Sentence to Serve Program cost share for the county has increased and that the DWI court has funding until September 2011.

ECONOMIC DEVELOPMENT AUTHORITY(EDA)

The board discussed the meeting that some attended with HRDC.  HRDC can put together the EDA for the county, but the Tax Increment Financing would have to be done through someone else. HRDC will meet with the board at the May 25, 2010 board meeting to discuss the organization of the EDA.  The consensus of the board was to form an EDA.

EMERGENCY MANAGEMENT

2007 Homeland Security Grant

Emergency Management Director, Holly House met with the board requesting approval for the extension of the 2007 Homeland Security Grant until June 30, 2010.

Motion

Motion was made by Commissioner Todd Beckel to authorize Deputy Auditor, Lorene Hanson and Vice Chair Ken Moorman to sign the 2007 Homeland Security Grant Extension.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Federal Border Interoperability Demonstration Grant

Emergency Management Director, Holly House met with the board requesting approval for Border Interoperability Demonstration Grant.

Resolution

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

RESOLUTION SUPPORTING THE FEDERAL BORDER INTEROPERABILITY DEMONSTRATION GRANT APPLICATION SUBMITTED BY THE NORTH EAST REGIONAL RADIO BOARD FOR IMPROVING RADIO INTEROPERABILITY WITHIN OUR BORDER COUNTIES AND ON OUR INTERNATIONAL BORDERS WITH CANADA

Resolution No. 10-04- 03

WHEREAS; there is a Public Safety need to provide radio communication interoperability within our border counties and along our county borders with Canada; and

WHEREAS; the Federal Government has made available a demonstration grant called the Border Interoperability Demonstration Grant Program (BIDP); and

WHEREAS; the BIDP grant will allow us to develop a means of communication interoperability between Minnesota and Canadian public safety agencies along our International Border, at our International Ports, and within our border Counties; and

WHEREAS; the Regional Radio Board has worked with the State of Minnesota Department of Public Safety, the Counties within its Regions and the jurisdictions within the Counties to complete a comprehensive application for this grant;

NOW, THEREFORE, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners hereby supports this Grant application as needed and necessary for the Citizens of our Region and the Public Safety Agencies serving those citizens; and

BE IT FURTHER RESOLVED; that the Lake of the Woods County Board of Commissioners is committed, upon approval of this grant, to assist the Regional Radio Board with the management and implementation of this grant.

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

Mobile Home Park Evacuation Plans

Emergency Management Director, Holly House informed the board that the Department of Health requires evacuation plans for Mobile Home Parks.  Holly will draw up a plan and have it approved by Interim County Attorney, Michelle Moren.

RINKE NOONAN LAW FIRM

Attorney Kurt Deter, from Rinke Noonan Law Firm met with the board to update them on the recent drainage law changes, informed them on the process for recording county ditch systems and, other drainage issues.

RECESS

The meeting was called to recess at 11:28 a.m. and reconvened at 11:30 a.m. as follows:

COUNTY ATTORNEY

Interim County Attorney, Michelle Moren met with the board to discuss the agreement of resolving Mary Beth Dornheim’s employment relationship with the county.  The board reviewed the proposed Agreement and Resignation of Mary Beth Dornheim.

Motion

Motion was made by Commissioner Todd Beckel to amend the agenda with the addition of the Agreement and Resignation of Mary Beth Dornheim.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Resolution

RESOLUTION APPROVING AGREEMENT

Resolution No. 10-04-04

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

WHEREAS, the Lake of the Woods County Board of Commissioners has reviewed the proposed Agreement and Resignation of Mary Beth Dornheim

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

  1. The Board hereby approves the Agreement and the terms set forth therein, and accepts the resignation of Mary Beth Dornheim, effective July 23, 2009.  
  2. The Board Chair and Clerk are hereby authorized to sign the Agreement on behalf of the County. 
  3. The County Attorney is authorized to have a copy of this Resolution and the Agreement mailed to Dornheim’s Representative and to take whatever steps are necessary to out the terms of the Agreement as set forth therein.  

The resolution for the adoption of the foregoing Resolution was duly seconded by Commissioner Patty Beckel and upon a vote being taken thereon, the following voted in favor of the motion: Commissioners Patty Beckel, Todd Beckel, Moorman and Hanson, and the following voted against the motion: None.

Commissioner Arnesen was absent.

SOCIAL SERVICES DIRECTOR

Claims

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

Motion

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

                                                Commissioners’ Warrants           $36,963.62

                                                Commissioners’ Warrants           $12,605.61

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

Child Abuse Prevention Month

Social Services Director, Nancy Wendler informed the board that Social Service Worker, Monique Arnesen had family matters that came up and will have to postpone the Child Abuse Prevention presentation.

Crisis Resource Center

Funding

The board discussed the request for funding from Tonja Reed representing the Crisis Resource Center with Social Services Director, Nancy Wendler and Social Services Supervisor, Amy Ballard. No board action was taken.

Cell Phones

Social Services Director, Nancy Wendler informed the board that the department has a few clients that are hearing impaired and can only communicate by text messaging.   Commissioner Hanson will look into the cost of text service.

Tom-Tom

Social Services Director, Nancy Wendler informed the board that she is looking into purchasing a Tom-Tom for her staff to use.

COURT ADMINISTRATOR

Court Administrator, Carol Clauson requested to see the board. She informed them that she will be retiring on May 28, 2010 and that she will not be physically replaced either in Koochiching County or Lake of the Woods County and that another Court Administrator in another county will take over her duties.

RECESS

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

PLANNING COMMISSION

Land and Water Planning Director, Josh Stromlund met with the board to present the Findings and Fact of the conditional use permit for Rodney Thompson.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Rodney Thompson                                              Date:  April 27, 2010

Location/Legal Description:  The West 99’ of the West 264’ of the East 792’ of the NE1/4 SW1/4, Section 6, Township 163N, R. 33W.  Parcel # 16.06.31.031

Project Proposal:  To allow a commercial business consisting of a small engine repair shop in a Natural Environment District.

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

YES (X)  NO (  )

Why or why not?  The noise pollution will be kept to a minimum as work is to be conducted in an enclosed building which is located approximately 400 feet from the nearest residence.  A natural vegetative buffer exists which will minimize the visual pollution as viewed from 70th Street NW and neighboring properties, as the building is located approximately 400 feet from the street and closest residence.  Any used oil and gasoline will be stored and disposed of properly.

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

Why or why not?  The proposed use will not generate water pollution as all containments will be stored and disposed of properly.

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

Why or why not?  The proposed use will not adversely affect the existing topography, drainage features and vegetation cover as no new construction is proposed.

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

Why or why not?  The proposed use is not located in a floodplain and/or floodway of Lake of the Woods.

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

                                                                                                                        YES (X)  NO (  ) 

Why or why not?  The proposed use will not disturb soil or existing vegetation as the proposed use will be conducted in an existing building.

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

                                                                                                                        YES (X)  NO (  )

Why or why not?  The proposed use will utilize an existing driveway with no new access proposed off of 70th Street NW.

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

                        YES (X)  NO (  ) 

Why or why not?  The proposed use will be located in a mixed Commercial/Residential area.  A resort is located north of the proposed location and the remainder is seasonal/permanent residential use.  The proposed use will keep noise pollution to a minimum as the repairs will be in an enclosed building and due to the natural vegetative buffer, visual pollution will be minimized.  As stated in question #1, the closest neighboring residence is approximately 400 feet.

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

                                                                                                                        YES (X)  NO (  ) 

Why or why not?  The proposed use is not located in the shoreland area of Lake of the Woods.

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

Why or why not?  The use will not generate sewage waste.  Any used oil or gasoline will be stored and disposed of properly.

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

Why or why not?  The proposed use is not located in the shoreland area of Lake of the Woods and the visibility of the building in which the proposed use will be located in is minimized by a natural buffer as viewed from 70th Street NW and neighboring properties.

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

                                                                                                                          YES (X)  NO (  ) 

Why or why not?  The proposed use is not dependant on an adequate water supply and a sewage treatment system however; adjacent properties have private wells and sewage treatment systems.

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

Why or why not?  The proposed use will not generate any watercraft.

If all answers to the Findings of Fact-Criteria are “Yes” the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public. 

The specific conditions of approval are as follows:  The scope of granting this request is limited to items with small engines such as:  lawn mowers, weed eaters, chainsaws, snowblowers, snowmobiles, all terrain vehicles (3 and 4 wheelers) and the like.  The general appearance is to be kept neat and orderly.  The hours of operation shall be from 8:00am to 5:00pm Monday through Friday and weekends.  One (1), four (4) foot by six (6) foot sign is allowed to be placed near the entrance outside of the right of way of 70th Street NW. 

Approved  (X)       Denied  (  )

                                                                                                ____________________________

                                                                                                            Ken Moorman

                                                                                                        Vice Chair, County Board

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

Josh recommended approving the Conditional Use permit to Rodney Thompson.

Motion was made by Commissioner Hanson to accept the findings and fact as presented and approve the Conditional Use Permit for Rodney Thompson.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

MIS DIRECTOR

IBM Websphere Software

MIS Director, Brent Birkeland met with the board requesting approval to purchase IBM Websphere software in the amount of $3,918 plus tax.

Motion

Motion was made by Commissioner Hanson to approve the purchase of IBM Websphere software from TriMin Systems in the amount of $3,918 plus tax with the funding from the MIS budget.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

COUNTY AUDITOR

Claims

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

Motion

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

                                                Revenue                               $       36,560.10    

                                                Road & Bridge                     $       15,960.33

                                                Co. Development                 $            200.00 

                                                Solid Waste                          $         4,862.23

                                                                                             $       57,582.66 

       WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  4/27/2010 FOR PAYMENT  4/30/2010

       AMOUNT   VENDOR NAME                                                                  AMOUNT   VENDOR NAME

        2500.00 BAUDETTE LOW CHAMBER OF COMMER                            747.90 BAUDETTE REGION

        1800.00 BELTRAMI COUNTY AUDITOR-TREASU                                600.00 BLUE MAXX RECYCLING

        1748.42 BRAD’S PLUMBING & HEATING, INC                                    1777.78 TERRY BROWN

          342.99 CANON FINANCIAL SERVICES INC                                      3578.78 CENEX CO-OP SERVICES, INC.

        2169.10 COLLABORATIVE DESIGN GROUP INC                                 588.06 COUNTRY INN & SUITES – SHOREVI

          984.95 CUSTOM AUTOBODY AND REPAIR                                     5543.31 DELL MARKETING, LP

          376.73 FRONTIER PRECISION INC                                                     769.55 RICHARD GOODERUM

          723.65 GRAINGER, INC                                                                      2000.00 LEE HANCOCK

          497.90 HILLYARD INC HUTCHINSON                                                 722.68 HOLTE IMPLEMENT, INC

          782.17 LAKEWOOD HEALTH CENTER                                               486.00 ROBERT LAPOS

          673.37 LAWSON PRODUCTS, INC.                                                     575.00 PAT LECLAIRE ELECTRIC (DBA)

          472.74 LOCATORS SUPPLIES INC                                                      557.47 LOW FOODS

          740.11 M-R SIGN CO, INC                                                                    639.42 MINNESOTA UI

          475.41 MN COUNTIES COMPUTER CO-OP                                       375.00 MN OFFICE OF ENTERPRISE TECHNO

          917.63 KENNETH MOORMAN                                                            5427.00 LAW MOREN

          886.60 MSOP-MN SEX OFFENDER PRGRM-462                               326.88 NOBLE RADIO SHACK

          308.96 NOBLE THRIFTY WHITE                                                        1105.00 NORTH EAST TECHNICAL SERVICE,I

          416.68 OFFICE DEPOT                                                                         473.50 RODERICK RONE JR

        2028.60 ROSEAU COUNTY COOPERATIVE ASSN                              571.18 GEORGE SWENTIK

        1187.00 TAMMY’S SIGNS                                                                        500.00 US POSTAL SERVICE(CMRS-FP)

        1225.40 WEST GROUP                                                                         3982.77 WOODY’S SERVICE

42 PAYMENTS LESS THAN  $300       4,976.97

****                  FINAL TOTAL…….     $57,582.66  ****

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

                                                   April 7,   2010      $  230,153.99

                                                   April 7,   2010      $    47,023.87          

                                                   April 13  2010      $      7,637.88

                                                   April 20, 2010      $     19,195.76

                                                   April 23, 2010      $     61,843.04

The motion was seconded by Commissioner Patty Beckel and the vote carried as follows:  Voting for: Commissioner’s Moorman, Patty Beckel and Hanson. Voting against: Commissioner Todd Beckel.

ASSESSOR

County Assessor, Wayne Bendickson met with the board and requested authorization to purchase a PC license which will import information from the Manatron program to the Assessors Vanguard program.

Motion

Motion was made by Commissioner Todd Beckel to authorize County Assessor, Wayne Bendickson to purchase a PC license in the amount of $2,350 from the Assessors budget.  Motion was seconded by Commissioners Hanson and the same being put to a vote, was unanimously carried.

COUNTY AUDITOR

Lost Warrants

Deputy Auditor, Lorene Hanson met with the board requesting authorization to issue lost warrants for the City of Baudette, Nyla O’Connell and Central Pension Fund.

Motion

Motion was made by Commissioner Todd Beckel to approve the applications and affidavits for lost warrants for the following:

  • City of Baudette in the amount of     $ 2,195.17
  • Nyla O’Connell in the amount of        $    622.64
  • Central Pension Plan                           $ 1,667.20

without furnishing indemnifying bonds.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Affirmative Action Program

Deputy Auditor, Lorene Hanson met with the board requesting approval for the Affirmative Action Programs for Minorities, Women and Disabled Individuals.

Motion

Motion was made by Commissioner Patty Beckel to approve the Affirmative Action Programs for Minorities, Women and Disabled Individuals effective May 1, 2010 and to authorize Vice Chair, Ken Moorman to sign the same.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Oak Harbor Liquor License

Deputy Auditor, Lorene Hanson requested approval for Oak Harbor Seasonal Liquor License.

Motion

Motion was made by Commissioner Hanson to approve the following Seasonal On- Sale and Sunday Intoxicating Liquor License according to MN Statute 340A.404 Subd.6 (b) (date specified by the board April 15 to 10-15 each year) for JJN Ventures, LLC DBA Oak Harbor Golf Course effective May 1, 2010 to October 15, 2010.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Gambling Premise Permits

Deputy Auditor, Lorene Hanson met with the board requesting approval for Gambling Premise Permits for the Baudette Area Arena and the VFW Post of Warroad.

Resolution

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

A Resolution Approving a Lease for Lawful Gambling Activity and Premise Permits Application

Resolution No.10-04-05

WHEREAS, the Baudette Area Arena of Baudette has submitted a lease for lawful gambling activity and a premise permits application for Minnesota Lawful Gambling to be conducted at the following establishments, which are all located in Lake of the Woods County:

  • Zippel Bay Resort, 6080 39th St NW, unorganized township of Zippel;
  • Wigwam Resort, 2714 Wigwam Loop NW, unorganized township of Wheeler;
  • Cyrus Resort, 3298 Cyrus Rd NW, unorganized township of Wheeler;
  • Ballard’s Resort, 3314 Bur Oak Rd NW, unorganized township of Wheeler;
  • Randall’s Resort, 3314 Bur Oak Rd NW, unorganized township of Wheeler,
  • Adrian’s Resort, 3362 Red Oak Rd NW, unorganized township of Wheeler;
  • Borderview Resort, 3409 St Hwy 172 NW, unorganized township of Wheeler;
  • Ken-Mar-Ke Resort, 3147 Ken-Mar-Ke Dr NW, unorganized township of Wheeler;
  • Morris Point Resort,3812 42nd Ave NW, unorganized township of Wheeler;
  • Schuster’s Resort, 3140 State Hwy 172 NW, unorganized township of Wheeler;
  • Rosalie’s Restaurant and Lounge,1229 Main W, within the City of Baudette;

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said applications for submission to the Minnesota Gambling Control Board.

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

Resolution

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

A Resolution Approving a Lease for Lawful Gambling Activity and Premises Permit

Application:

Resolution No. 10-04-06

WHEREAS, the Warroad VFW Post 4930 has submitted a premises permit application for Minnesota lawful gambling and a lease for lawful gambling activity to be conducted at the establishment known as Sportsman’s of Oak located in the unorganized township of Angle at 1 Bobby’s Bay, Oak Island, MN in Lake of the Woods County.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approve said application for submission to the Minnesota Gambling Control Board.

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

Sponsorship of Snowmobile Trails

Deputy Auditor, Lorene Hanson met with the board requesting approval for Sponsorship of snowmobile assistance programs.

Resolution

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

Resolution No. 10-04-07

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Big Traverse maintenance of snowmobile trail managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Resolution

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

Resolution No. 10-04-08

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Resolution

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

Resolution No. 10-04-09

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Border Trails maintenance of snowmobile trails managed by Border Trails.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

COUNTY ROAD #33

Right of Ways

Gary Moeller and Gregg Hennum met with the board to discuss use and maintenance of right of way on County road #33.  The board informed them that they are allowed to use the right of way but that they are also responsible for the repair of damages to the right of way subject to County approval and satisfaction.  The board requested that Public Works Director, Bruce Hasbargen, write a letter to the landowners along said right of way explaining how right of way works, and that the County would oversee the maintenance of the right of way.

Speed Issues on County Road #33

Gary Moeller and Gregg Hennum discussed the concerns of the speed limit on County Road #33 and requested that the speed be lowered and speed bumps applied. The board will take a look at County Road #33 on its annual road tour.

COUNTY TREASURER

County Treasurer, Mark Hall met with the board requesting approval for the designation of an additional official depository of county funds for the year 2010.

Resolution

County Treasurer-Official Depositories

County Treasurer, Mark Hall met with the board requesting approval for the designation of an additional official depository of county funds for the year 2010.

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

Resolution  

Establishing Additional Official Depository

Resolution     2010 – 04 – 10

WHEREAS, Minnesota Statute 118A.02 requires the governing body of each government entity to designate one or more financial institutions as a depository for its public funds;

WHEREAS, Lake of the Woods County Board of Commissioners would like to designate an additional official depository of county funds;

BE IT RESOLVED, that Lake of the Woods County Board of Commissioners hereby designates the First National Bank in Mahnomen, Mahnomen, MN as an official depository of county funds for the year 2010 beginning April 1, 2010.

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

COUNTY SHERIFF

Cameras

County Sheriff, Dallas Block met with the board, per their request, to discuss the placement of cameras in squads.  Dallas stated that he will look into grants that are available through the Department of Public Safety and/or the Stone Garden Grant.

LINE WORKERS SCHOOL

The board placed the Line Workers School discussion on a near future work session.

WORK SESSION

The board set a work session for May 10, 2010 at 7:00 a.m. in the Commissioners’ Room to discuss varies topics that the board is working on .

RECESS

The meeting was called to recess at 2:24 p.m. and reconvened at 2:36 p.m. as follows:

CITY OF BAUDETTE’S MAYOR

Revolving Loan Grant

City of Baudette Mayor, Rick Rone met with the board to inform them that the City has applied for a Rural Business Enterprise Grant Program and if successful the money would be used for a Revolving Loan fund for the City of Baudette residents’ use.

Bike Path

Rick informed the county board that the City of Baudette is willing to help with the cost of the bike path.

Meeting with Baudette City Council

Rick requested that the county board look into a date to meet with the City Council to discuss the Joint Powers Agreement that Lake of the Woods County and the City of Baudette have with Lake of the Woods Area Tourism Bureau.

COUNTY AUDITOR

Permit Zone 101

Deputy Auditor, Lorene Hanson presented a resolution of support from Roseau County Commissioners requesting that Lake of the Woods County supports a resolution regarding transitioning Permit Zone 101, which was created in 2007 by the DNR as a Bovine TB disease management zone, into a pilot project for white-tail deer habitat improvement with a goal to develop a strong partnership between public and private land ownerships. Vice-Chair Ken Moorman will see if one the Commissioners from Roseau County can meet with them for further details.

Classification Change

Deputy Auditor, Lorene Hanson presented an application for a classification change for Lawrence J. Theis from seasonal to homestead due to clerical error.

Motion

Motion was made by Commissioner Hanson to approve the classification change for Lawrence J. Theis due to clerical error.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

REQUEST OF INFORMATION

The board reviewed the following information:

  • Recovery Zone Economic Development Bonds
  • Bonding for Bike Trails
  • Remounumentation Budget ( boundary commission)
  • LaValla landfill budget

OLD/New Business

There was no new update on:

  • ANI
  • Oak Island Petition
  • Red Lake Tribe
  • Grand Theater
  • Township Road Inventory

There were updates on:

  • Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund; Information meeting on Parks and Trails on May 11, 2010 at 7:00 p.m. at Lake of the Woods School
  • Land Acquistion; working on survey.
  • County TV; waiting on letter from  Sjobergs
  • Team Building; Vice Chair Ken Moorman will talk with Extension Educator Jody Horntvedt to meet with the board

Committee Reports

There were no committee reports.

Correspondence:

Marshall County Resolution; Positively Minnesota (Small Cities Development Program Grant awarded for rehabilitation within the City of Baudette and Williams).

Recess

With no further business before the board, Vice Chair Ken Moorman recessed the meeting at 3:33 p.m.

Attest:                                                                                                 Approved: May 11, 2010

____________________________                                                    ____________________________

Janet E. Rudd, Deputy Auditor                                                         Ken Moorman, Vice Chair of the Board

April, 2009

Commissioner Proceedings

April 7, 2009

The Lake of the Woods County Board met in regular session on Tuesday, April 7, 2009, in the Commissioners’ Room at the Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 8:00 a.m. and led the Pledge of Allegiance with the following members present:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman. Also present were: County Auditor John W Hoscheid, Ted Stone and John Oren.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today. Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda for travel, with changes:  Christine Hultman to Brainerd on June 22-24, for AMSSA Conference; Marti Carlson to Alexandria on April 29- May 1, for Annual MN County Highway Accountants Association Conference and John W Hoscheid to St. Paul on April 22-24, for Public Sector Training.  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 the minutes of March 24, 2009, with changes. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Land Acquisitions/Wetland Banking

Land and Water Planning Director, Josh Stromlund met with the board to discuss land acquisitions and the process needed to move forward.  A letter to the Board of Water and Soil Resources, Bill Best was discussed.  This letter details a plan of action for the possible acquisition of land by Lake of the Woods County for wetland banking purposes, according to Minnesota Statute §103G.2251 and Minnesota Rules, Chapter 8420.0541, Subpart 2. 

A motion was made by Commissioner Todd Beckel to authorize Land and Water Planning Director, Josh Stromlund to sign and send the referenced letter to the Board of Water and Soil Resources.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Human Resources

Labor Agreement

A motion was made by Commissioner Todd Beckel to authorize Chair Patty Beckel and County Auditor John W Hoscheid to sign the labor agreement, with an approved addendum dated December 16, 2008 (see below), between Lake of the Woods County and International Union of Operating Engineers Local #49, AFL-CIO for the Public Works Department; effective January 1, 2009 to December 31, 2011.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

A motion was made by Commissioner Arnesen to authorize Chair Patty Beckel and County Auditor John W Hoscheid to sign the labor agreement, with an approved addendum dated December 16, 2008 (see below), between Lake of the Woods County and International Union of Operating Engineers Local #49 for the Solid Waste Department; effective January 1, 2009 to December 31, 2011.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Addendum

Letter of Understanding between Lake of the Woods County and IUOE Local #49

  1. Contract for the Lake of the Woods County Highway Department and
  2. Contract for the Lake of the Woods County Solid Waste Department

“Concerning wages for the term of this Agreement:  Refer to the Commissioner Proceedings December 16, 2008 – union committee meeting.  The union committee met with the board.  The Union Committee agreed to work at the 2008 salary schedule until funding sources are determined.  The Union and the County further agree to continue to meet and confer on this matter.”

Personnel Policy

A motion was made by Commissioner Arnesen to make an exception to the Personnel Policy Manual page 53, Chapter 4, paragraph 8.b.4, due to the shortage of Corrections Officers / E911 Dispatchers.  In addition, to authorize the Sheriff Administrative Assistant to work the majority of her time as a Dispatcher and to be compensated at the rate of Job Grade 8, Step 5 on the Part-time scale; pending the hiring and training of Part-time / Full-time dispatchers; and then reverting back to the original rate of compensation of Job Grade 8, Step 2 at that time.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Emergency Manager Director

Emergency Manager Director, Holly House met with the board to discuss current and future potential flooding issues.  No action was taken.

Land and Water Planning Director

Land and Water Planning Director, Josh Stromlund presented a draft resolution for Boat Storage Structures to the board.

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

Boat Storage Structures

Resolution 2009-04-01

WHEREAS, boat storage structures that are located below the Ordinary High Water Level (OHWL) of a surface water body have been prohibited in Minnesota since the 1970’s; and

WHEREAS, it has been a goal of the Minnesota Department of Natural Resources (DNR) to limit the private occupation of public waters and encourage the removal of existing structures that do not serve the public interest; and

WHEREAS, Minnesota Statutes Chapter 103G.245, Subdivision 4, was amended by the 2006 legislature to address the need for repairs and replacement of boat storage structures that have been in place since 1979; and

WHEREAS, the new legislation allows the current boat storage structures to be repaired, replaced and consolidated, provided that the following conditions can be met:

  1. A Public Waters Work Permit is obtained from the Department of Natural Resources (DNR) and the permit is recorded in the real estate records of the office of the county recorder or registrar of title in the county in which the property is located.
  2. The Local Unit of Government (LGU) that has zoning authority must approve the proposed repair, replacement or consolidation.
  3. Documentation that the structure is currently used for boat storage and has been in continuous existence prior to 1979.
  4. The boat storage structure must not include guest quarters, habitable space, living quarters, or sewage facilities.
  5. The total area of the replacement structure cannot exceed the total area of the in-place structure(s). The height of the replacement structure cannot be increased more than 1 foot unless multiple structures are being consolidated into a single structure and the same roof pitch results in an increased height.
  6. Any replacement of materials located below the ordinary high water mark must not be toxic to aquatic life; and

WHEREAS, a Public Water Work Permit application must be submitted to the DNR to evaluate the project for compliance with the new legislation and will render a decision based upon the submittal of a complete permit application; and

WHEREAS, provisions in the new legislation allow, but do not require the local government unit (LGU) having zoning authority to approve a boat storage structure that is at, or above, the OHWL to replace a boat storage structure below the OHWL if the boat storage structure was in existence prior to 1979;

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby supports the repair, replacement, and consolidation of boat storage structures that have been in existence prior to 1979. 

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

Boundary Commission

Land and Water Planning Director, Josh Stromlund updated the board on the status of the Boundary Commission.  Correspondence was received and read from George Swentik, stating he would be in favor of the Boundary Commission.  

Public Works Director, Bruce Hasbargen

Office Improvements

Public Works Director, Bruce Hasbargen met with the board to discuss office improvements due to flood damage.

A motion was made by Commissioner Todd Beckel to authorize the Public Works Director to make office improvements, along with the flood repairs being made, to the Public Works building; within insurance and budgeted amounts.   The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Bid Opening

Chair Patty Beckel called for the bid opening at 9:00 a.m. as advertised for S.A.P. 39-604-06 and S.A.P. 39-635-11; Bituminous Overlays and Aggregate Shouldering.

The following bids were received:

Knife River Materials      $1,363,853.12

Minn-Dak Asphalt Inc.    $1,486,744.60

Mark Sand & Gravel        $1,501.621.28

Central Specialties, Inc.    $1,754,176.28

Public Works Director, Bruce Hasbargen will tabulate and make recommendation for awarding the bid, later today.

Seasonal Help

Public Works Director, Bruce Hasbargen met with the board requesting authorization to hire seasonal help.

A motion was made by Commissioner Arnesen to authorize the County Public Works Director to hire the following seasonal help: (4) Maintenance Intermediate Equipment Operators and (3) Engineering Technician/Laborers.  The motion was seconded by Commissioner Hanson and carried as follows:  For Commissioners:  Arnesen, Patty Beckel, Hanson, and Moorman; Against:  Commissioner Todd Beckel.  Commissioner Todd Beckel commented that without knowing the full effects of the 2009 Governor’s proposal and with the Department Heads earlier comments identifying that seasonal employees would be the first positions to be reduced in the budget reduction efforts; why would we be considering this at this time.

Realignment of Staff

Public Works Director, Bruce Hasbargen met with the board to discuss the realignment of staff.  The board set up a “Realignment of Staff” work session for Monday, April 13, 2009, 7:00 a.m. in the Conference Room at the Lakewood Health Center. 

2009 Road Tour

Public Works Director, Bruce Hasbargen met with the board to discuss the 2009 Road Tour. 

A motion was made by Commissioner Todd Beckel to set May 19th, 2009, 7:30 a.m.; as the date and time for the 2009 Lake of the Woods County Annual Road Tour.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Bid Opening

Public Works Director, Bruce Hasbargen reviewed the bid tabulations with the board and made a recommendation to award the bid for S.A.P. 39-604-06 and S.A.P. 39-635-11; Bituminous Overlays and Aggregate Shouldering to Knife River Materials, as lowest bidder.

A motion was made by Commissioner Todd Beckel to award the bid for S.A.P. 39-604-06 and S.A.P. 39-635-11; Bituminous Overlays and Aggregate Shouldering to Knife River Materials, in the amount of $1,363,853.12.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Social Service Director, Nancy Wendler

Claims

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

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

                                                Commissioners’ Warrants          $ 14,219.08 

                                                Commissioners’ Warrants         $ 14,181.47

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

MeritCare Thief River Falls/Northwest Medical Center Contract

Social Services Director, Nancy Wendler met with the board regarding a contract with MeritCare, Thief River Falls/Northwest Medical Center (MCNW) and Lake of the Woods County Social Services. 

A motion was made by Commissioner Moorman to approve the contract between MeritCare, Thief River Falls/Northwest Medical Center (MCNW) and Lake of the Woods County Social Services for 2009, for the provision of onsite mental health physician’s assistant services and to authorize Chair Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign the same.  The motion was seconded by Commission Arnesen and the same being put to a vote, was unanimously carried.

County Auditor

Claims

Deputy Auditor, Lorene Hanson met with the board and requested approval of claims.  Motion was made by Commissioner Todd Beckel to approve the following claims against the county as presented, with the exceptions of claim numbers:  1753, 90, 3070, 173 and 25.  These pulled claims and also claim numbers 3649 and 2665 will be discussed at the next regular board meeting. 

                                                Revenue                                     $ 33,146.23

                                                Road & Bridge                         $   5,213.75

                                                County Development                $      539.00

                                                Solid Waste                               $ 21,631.49

                                                                                                   $ 60,530.47

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  4/07/2009 FOR PAYMENT  4/10/2009

       AMOUNT   VENDOR NAME                                                    AMOUNT   VENDOR NAME

          606.47 ACME ELECTRIC                                                       447.12 AMERI PRIDE LINEN & APPAREL SE

          708.56 AMERICAN SOLUTIONS FOR BUSINES               1319.38 AUTO VALUE BAUDETTE

          341.78 CANON FINANCIAL SERVICES INC                        313.60 COUNTRY INN & SUITES – ST CLOU           

        6338.95 DELL MARKETING, LP                                              662.25 GLOBALSTAR LLC

          379.24 GRAINGER, INC                                                        986.93 HOLTE IMPLEMENT, INC                

          309.40 HOMETOWN HARDWARE                                     1457.65 KORNELL AUTOMOTIVE               

        2020.51 LAKES GAS CO.                                                        340.00 LAVALLA SAND & GRAVEL INC       

          368.07 LOW FOODS                                                           1490.00 LOW HIGHWAY DEPT            

          698.64 M-R SIGN CO, INC                                                10389.15 MAR-KIT LANDFILL

          450.00 MN ASSN OF COUNTIES                                       1662.56 MN COUNTIES COMPUTER CO-OP

          771.50 KENNETH MOORMAN                                            5335.50 LAW MOREN                     

          585.75 MORTENSON CLEANING SERVICE – D                  684.45 THE NORTHERN LIGHT            

        2077.32 NORTHWEST MECHANICAL SERVICE I               1642.68 R & Q TRUCKING, INC                    

          637.85 ROSEAU COUNTY COOPERATIVE ASSN            1750.00 SJOBERG’S INC                             

        5962.92 SOFTWARE HOUSE INTERNATIONAL,                  302.20 TRUE VALUE

        2640.00 VOYAGEURS COMTRONICS, INC                          735.42 WEST GROUP

         1172.33 WIDSETH SMITH NOLTING&ASST INC

39 PAYMENTS LESS THAN  $300       4,942.29

FINAL TOTAL    $60,530.47

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

                                                March 25, 2009                         $  52,450.13

                                                March 29, 2009                         $  21,690.24

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

Maintenance Equipment

There was discussion on the utilization of the vacuum cleaner/carpet shampooer equipment that the maintenance department owns.  Chair Patty Beckel was going to check with the maintenance department and update the board.

Mortgage and Rehab Loan Satisfaction

Motion was made by Commissioner Todd Beckel to authorize Chair Patty Beckel and County Auditor John W Hoscheid to sign the satisfaction of mortgage and satisfaction of repayment agreement for Pioneer Timber, Bonnie and Gary Grund, dated June 18, 1997.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Resolution Amending the 2009 Budget

Discussion was had regarding the 2009 budget deficit, due to the Governor’s projected shortfall.

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

2009 Budget Amendment

Resolution 2009-04-02

WHEREAS, the certified county budget for the year 2009 was adopted on December 12, 2008 by the Lake of the Woods County Board of Commissioners; and

NOW THEREFORE, BE IT RESOLVED that the following certified budget is hereby amended to reflect the State of Minnesota Aid Reduction as follows:

$  25,000         Sheriff’s car

$  30,000          Reallocate levied Co. TV budget to Con-Con fund

$  21,000          Adjust Attorney salary expense

$  85,000         Market Value Credit- budget as revenue 

$  50,000          Reallocate levied “LiDAR” expense to Con-Con fund

$    9,000          Adjust Commissioner’s Health Insurance expense

            $220,000

Discussed additional proposed revenue sources:

$70,000           Salary increases

$  5,000           MNJAC Grant

$  5,000           Courthouse heating expense

$80,000

Total 2009 proposed budget balance:

                       ($300,000)        Projected Governor shortfall

$220,000         Proposed adjustments

$  80,000         Additional proposed revenue

                        $    0                Balance

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

2009 Minnesota Counties Insurance Trust Training

2009 Minnesota Counties Insurance Trust (MCIT) training presentations were discussed.  It was the consensus of the board to schedule a session with MCIT and to hold a joint session with Roseau County.   Topics were discussed and Roseau County and MCIT were to be contacted.

Work Session Meeting Date

The board discussed the work session set for April 13, 2009, and in addition to the realignment of staff for the highway department; added the following for discussion:  Human Resources, Assessor and 2009 Assessment.

Old/New Business

The board discussed the following old and new business: 

Old:

The board discussed the City of Baudette – Assessment agreement.

Discussion was had regarding the PILT payment.

Discussion was had on additional joint meetings with Roseau County Board of Commissioners.

There were no new updates on the ANI, City of Williams (Williams Community Center – old school), Williams Senior Center, No Net Loss Policy, County TV. 

New:

There was no new business discussed at this time.

Committee Reports:

The following committee reports were heard and discussed: 

  • 911 Disaster Drill
  • MRCC Funding
  • PILT Payments
  • Joint Powers:  Ditch 1 – pilot project, no response from MN Department of Natural Resources
  • Airport: possibility of receiving $250,000 for resurfacing runway and painting; no matching funds required and possibility of stimulus money

Correspondence:

Correspondence was acknowledged from: 

  • Northwest Angle (NWA) Relay for Life request of funds.  Commissioner Arnesen was going to call and also prepare a letter for the Auditor’s staff to write on behalf of the board.  No action was taken.

Recess

With no further business before the board, Chair Patty Beckel called the meeting to recess at 11:38 a.m.

Attest:                                                                                                 Approved:       April 28, 2009

_____________________________                                                  ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

Commissioner Proceedings

April 28, 2009

The Lake of the Woods County Board met in regular session on Tuesday, April 28, 2009, in the Commissioners’ Room at the Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 8:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Patty Beckel, Todd Beckel, Hanson and Moorman; absent was:  Commissioner Arnesen. Also present were: County Auditor John W Hoscheid, Ted Stone and John Oren.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with changes. Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda for travel:  Dale Boretski and Wayne Bendickson to St. Cloud for MAACO on May 19 – 21; Dawn Christianson and Joy Lindquist to Alexandria for MCCC Annual Conference on June 1 – 4; and Bruce Hasbargen to:   Park Rapids for District 2 Screening Board Meeting on May 13 – 14, Red Wing for LRRB meeting on June 2 – 3 (mtg exp by LRRB), Alexandria for MCEA Summer Conference on June 16 – 19 and Pittsburgh, PA for LTAP conference on July 26 – 31(mtg exp by LRRB).  Seconded by Commissioner Todd Beckel 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 April 7, 2009, with changes. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Social Service Director, Nancy Wendler

Claims

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

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

                                                Commissioners’ Warrants          $ 32,021.15 

                                                Commissioners’ Warrants         $ 15,607.18

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

Guardianship Policy and Guidelines – Board Approval

Social Services Director, Nancy Wendler met with the board regarding a Guardianship Policy and Guidelines for Lake of the Woods County Social Services.

Motion was made by Commissioner Todd Beckel to approve the Lake of the Woods County Social Services Guardianship Policy and Guidelines effective April 28, 2009.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Old/New Business

The board discussed the following old and new business: 

Old:

Commissioner Todd Beckel updated the board on the PILT payment.

The board discussed additional joint meetings with Roseau County Board of Commissioners.  Commissioner Patty Beckel updated the board on MCIT’s recommendation on joint meetings with other counties.

The board discussed the Williams Senior Center and has taken it off the agenda for old business.

There were no new updates on the ANI, City of Williams (Williams Community Center – old school), City of Baudette – Assessment agreement, No Net Loss Policy, County TV. 

New:

The board discussed employee health insurance and requested Wade Johannesen to bring an update to the board at their next regular scheduled meeting.

County Sheriff

Stonegarden Grant Procurements and Pulled Claims

County Sheriff, Dallas Block met with the board.  The board discussed previously pulled claims and the procedures and process on procurement of equipment. 

The board discussed having inventory of all county equipment by each Department Head and the need for establishing guidelines and policies.  Discussion was had on the current Capital and General Expenditure Policy and the need to revisit this policy.  Discussion of these topics will take place at the next Department Head meeting.

Motion was made by Commissioner Todd Beckel to add Dallas Block and Jim Walton to the consent agenda for travel March 23, 2009, to St. Cloud for Police Pursuit Training.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Todd Beckel to pay pulled claims; numbers:  25, 1753, 90, 3070 and 173.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

PERA Resolution

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

County Board PERA Resolution

Resolution   2009-04-03

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 Robert Gorecki 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 Hanson and the same being put to a vote, was unanimously carried.

Dispatch Positions

Human Resource Director, Wade Johannesen and Sheriff Dallas Block met with the board requiring permission to hire and fill the vacant full time and part time dispatch positions. 

Motion was made by Commissioner Todd Beckel to hire one full time dispatcher and 2 part time dispatchers in the sheriff’s department.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

County Assessor

County Assessor, Wayne Bendickson met with the board and discussion was had regarding the expenditure policy.

Recess

The meeting was called to recess at 9:20 a.m. and reconvened at 9:26 a.m. as follows:

County Auditor

Claims

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

Motion was made by Commissioner Hanson to approve the following claims against the county as presented, with the exception of claim number 2963.

                                                Revenue                                     $ 23,852.60

                                                Road & Bridge                         $ 40,093.84

                                                County Development                $      452.00

                                                Solid Waste                                $  9,005.36

                                                                                                   $ 73,403.80

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  4/28/2009 FOR PAYMENT  05/01/2009

       AMOUNT   VENDOR NAME                                                AMOUNT   VENDOR NAME

          436.02 BAUDETTE REGION                                                 520.00 BLUE MAXX RECYCLING

        4871.67 CENEX CO-OP SERVICES, INC.                              465.00 CIRCUITWORKS

      22595.00 COLLABORATIVE DESIGN GROUP INC                 304.75 CONNEY SAFETY PRODUCTS

          723.24 CONSTRUCTION BULLETIN                                  2144.91 CPS TECHNOLOGY SOLUTIONS

          767.22 CUSTOM AUTOBODY AND REPAIR                     1412.00 KATHERINE DAVIS

          363.00 JOHN HOSCHEID                                                   2706.65 HOWARD’S OIL COMPANY

          351.29 INFORMATION SYSTEMS CORPORATIO              566.64 LEAGUE OF MINNESOTA CITIES

        1070.00 PAT LECLAIRE ELECTRIC (DBA)                             495.26 LITTLE FALLS MACHINE, INC

        1502.40 LOW COUNTY TREASURER                                   500.00 LOW WOMEN OF TODAY

        1353.53 MN COUNTIES COMPUTER CO-OP                       750.00 MN COUNTIES INSURANCE TRUST

          375.00 MN OFFICE OF ENTERPRISE TECHNO                 365.00 MN STATE DEPT OF PUBLIC SAFETY

        7614.90 MONITOR TIRE DISPOSAL, INC                              322.67 NORTHERN SPORTS & MACHINE – DB

        1457.38 PEART & ASSOCIATES, INC                                    367.08 PETE’S BODY SHOP   DBA

          396.16 PETROWSKI TELECOMMUNICATIONS                  904.75 RODERICK RONE JR

        1400.00 SERVICE400                                                              610.24 SHI INTERNATIONAL CORP

          610.25 SOFTWARE HOUSE INTERNATIONAL,                  340.25 SUN MONITORING

          519.89 T R JOBBING                                                           1522.95 TWIN RIVER RESORT

        3744.91 VOYAGEURS COMMUNICATIONS, INC                 379.50 DELLA WARREN

        1087.00 WIDSETH SMITH NOLTING & ASSOC                  1285.33 WIDSETH SMITH NOLTING&ASST INC

        2267.43 WOODY’S SERVICE

37 PAYMENTS LESS THAN  $300       3,934.53

FINAL TOTAL    $73,403.80

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

                                                April 9, 2009                           $    86,572.52

                                                April 10, 2009                         $  104,292.48

                                                April 15, 2009                         $      2,507.81

                                                April 22, 2009                         $    66,371.13

                                                April 27, 2009                        $   (68,392.27)

                                                April 27, 2009                         $  107,152.99

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

Liquor License Approval

Motion was made by Commissioner Todd Beckel to approve the following On/Off and Sunday Intoxicating Liquor License for Keils Rainy River Lodge LLC effective May 1, 2009 to June 30, 2009.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Cost Allocation Contract & Motion

Motion was made by Commissioner Todd Beckel to approve Government Management Group, Inc (GMG) as Lake of the Woods County’s vendor for OMB A-87 Indirect Cost Allocation Plan services, approve the Letter of Agreement with GMG for the plan years 2008, 2009 and 2010; and to have Board Chair Patty Beckel sign the same.  The motion was seconded by Commissioner Moorman and same being put to vote, was unanimously carried.  

New Employee

Human Resources Director, Wade Johannesen and County Auditor, John W Hoscheid met with the board requesting approval to hire Stacy Novak as the Executive Administrator.  Wade requested that Stacy start at grade 11, step 5, rather step 1; as exceptions have been made in the past based on the experience level of the individuals selected for the positions.  The consensus of the board was to review additional steps after the 6 month probation period.

Motion was made by Commissioner Todd Beckel to hire Stacy Novak as the Executive Administrator in the Auditor’s office at a grade 11, step 1.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Resolution Snowmobile Trails-Border Trails

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

Sponsorship of Snowmobile Trails Assistance Program

Resolution 2009-04-04

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resources for Border Trails maintenance of snowmobile trails managed by Border Trails.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Resolution Snowmobile Trails-Lake of the Woods Drifters

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

Sponsorship of Snowmobile Trails Assistance Program

Resolution 2009-04-05

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resources for Big Traverse maintenance of snowmobile trails managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Resolution Snowmobile Trails-Northwest Angle Edge Riders

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

Sponsorship of Snowmobile Trails Assistance Program

Resolution 2009-04-06

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resources for Northwest Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Emergency Manager Director

Emergency Manager Director, Holly House met with the board requesting a resolution to declare a state of emergency for the flooding that took place in March and April 2009.

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

Declaring a State of Emergency

Resolution 2009-04-07

WHEREAS, the snow and rain events for winter and spring 2009 impacted the population of Lake of the Woods County and its cities; and

WHEREAS, the rain and snow melt 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 Woods County Board of Commissioners to declare Lake of the Woods County in a STATE OF EMERGENCY for the rain and snow melt event of the winter and spring of 2009;

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners declares Lake of the Woods County in a State of Emergency for conditions resulting from the rain and snow melt event of spring 2009.

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

Giziibii

Casey Olson Coordinator of Giziibii presented the Annual Giziibii Report to the board and discussed updates.  Giziibii Chair George Swentik also attended the meeting.

Public Works Director, Bruce Hasbargen

Oak Harbor    

Public Works Director, Bruce Hasbargen updated the board on the Oak Harbor Plat.  Two of the roads have been completed with one remaining.  Bruce discussed the following options with the board:  waiting, completing the road, or vacating a portion of the plat and road.   Vince Smith also attended the meeting as requested by the County Board.  It was the consensus of the board to put this on hold and wait and see; and to place this on the agenda for July 14th meeting. 

Grant Agreement

Public Works Director, Bruce Hasbargen presented a Grant Agreement – Construction Grant for the “Elimination of Tangents at Curves – 39-608-20” under the Local Road Improvement Program Rural Road Safety Account.

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

Agreement to State Transportation Fund

Local Road Improvement Program

Grant Terms and Conditions

Resolution 2009-04-08

WHEREAS,  Lake of the Woods County  has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Local Road Improvement Project No. 39-608-20; and

WHEREAS, the Commissioner of Transportation has given notice that funding for this local road improvement project is available; and

WHEREAS, the amount of the grant has been determined to be $ 84,388.00 by reason of the force account agreement;

NOW THEREFORE, BE IT RESOLVED, that Lake of the Woods County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52, subdivision 5, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the road project, but not required.

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

Solid Waste Fees

Discussion was had on the solid waste fees for seasonal recreational properties with multiple owners and with one of the owners residing in the county.  It was the consensus of the board to refer this to the Solid Waste Committee.

Recess

The meeting was called to recess at 10:55 a.m. and reconvened at 11:00 a.m. as follows:

Bid Opening

Chair Patty Beckel called for the bid opening at 11:00 a.m. as advertised for S.A.P. 39-601-27 Precast Concrete Culvert Installation.

The following bids were received:

                                    Aspen Construction Company                     $158,366.00

                                    Bowman Construction Company                $133,447.00

                                    Davidson Ready Mix & Constr, Inc            $163,890.00

                                    Gerit Hanson Contracting                            $168,172.06

                                    Glade Construction, Inc                              $157,652.40

                                    Holthusen Construction, Inc                        $136,261.00

                                    Lian Construction                                        $146,314.06

                                    Wagner Construction                                   $258,288.00

                                    Sunblad Construction, Inc.                        Incomplete Bid     

Public Works Director, Bruce Hasbargen will tabulate and make a recommendation for awarding the bid, later today.  

Water Diversion & Ditches-Strandbergs

Public Works Director, Bruce Hasbargen and Jerry and Arlys Strandberg met with the board regarding water diversion and ditches.  Jerry and Arlys explained the issues with their water on their property.  The issues were discussed and it was the consensus to place this on the Spring Road Tour. 

Bid Opening

Public Works Director, Bruce Hasbargen reviewed the bid tabulations with the board and made a recommendation to award the bid for S.A.P. 39-601-27 Precast Concrete Culvert Installation to Bowman Construction Co, Inc., as lowest responsible bidder.

A motion was made by Commissioner Hanson to award the bid for S.A.P. 39-601-27 Precast Concrete Culvert Installation to the lowest responsible bidder, Bowman Construction Co, Inc., in the amount of $133,447.00.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

County Recorder- Sportsmans Lodge Bur Oak Villas

Motion by Commissioner Hanson to approve the County Board Chair, Patty Beckel and County Auditor, John W Hoscheid to sign the final plat of CIC 3 – Sportsmans Lodge Bur Oak Villas contingent on the signature of the owner, Sportsman’s Lodge, Inc., within the thirty day time period as established by the Subdivision Ordinance, platting procedures.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was carried as follows:  For:  Commissioners:  Todd Beckel, Tom Hanson, Ken Moorman; Against:  None; Abstaining:  Commissioner Patty Beckel.

Committee Reports:

The following committee reports were heard and discussed: 

  • NE Strategy Wetlands meeting in Duluth – update by Commissioner Todd Beckel
  • Radio Board Commissioner – update by Commissioner Todd Beckel  
  • Ditch #1 Pilot Project – update by Commissioner Todd Beckel on Mike Carrolls discussion
  • North Country Board of Health – update by Commissioner Moorman
  • Airport Commissioner – update by Commissioner Hanson on the stimulus funding
  • Extension Committee – update by Commissioner Patty Beckel

Correspondence:

Correspondence was acknowledged from: 

  • Lake of the Woods Water Sustainability Foundation
  • Letter from Steve Nesmith, taxpayer – Commissioner Tom Hanson is to invite him to the County Board meeting to discuss issues raised

Recess

With no further business before the board, Chair Patty Beckel called the meeting to recess at 12:06 p.m.

Attest:                                                                                                 Approved:       May 12, 2009

_____________________________                                                  ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

April, 2008

Commissioner Proceedings

April 8, 2008

The Lake of the Woods County Board met in regular session on Tuesday, April 8, 2008, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Bredeson, Patty Beckel, Todd Beckel, Arnesen and Moorman.  Also present were: County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd and John Oren. Chairman Bredeson called the meeting to order at 8:00 a.m. and led the Pledge of Allegiance. 

Motion was made by Commissioner Todd Beckel to approve the agenda with the following additions:  Hitesman & Associate, P.A., Cormorants, Light Detection and Ranging(LIDAR), Board of Equalization set for June 17, 2008 at 10:00 a.m., correspondence: Testimony in support of H.F. 4177, and remove County Recorder from agenda. Seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Todd Beckel to approve the consent agenda as follows:

Travel for Holly House to St. Paul on May 4-9 for L449 Incident Command System (ICS) Train the Trainer course; Becky Dornheim, Sue Johnson, Sandy Haman and Phil Johnson to Grand Rapids for Motivational Interviewing on July 22 & 23, Becky Dornheim and Sue Johnson to St. Cloud on Aril 9-10 for mandatory training on Medicaid Documentation (Social Services Director, Nancy Wendler requested this be removed from the consent agenda for the training was cancelled).  Seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Patty Beckel to approve the minutes of March 25, 2008.  Seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

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

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

Commissioners’ Warrants       $ 26,912.38

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

Social Services Director, Nancy Wendler requested approval of the following contracts:  1) MeritCare Thief River Falls/Northwest Medical Center – Physicians’ Assistant Mental Health Services

Partners in Community Supports; 2) Consumer Directed Community Supports (CDCS) – Disabled individual eligible for waivered services; 3) Lutheran Social Services and Home Delivered Meals – Waiver programs.

Motion was made by Commissioner Moorman to approve the contract between MeritCare Thief River Falls/Northwest Medical Center (MCNW) and Lake of the Woods County Social Services for 2008 for the provision of onsite mental health physician’s assistant services and to authorize Chairman Bredeson and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Todd Beckel to approve the contract between Partners in Community Supports, Inc. (PICS) and Lake of the Woods County Social Services for 2008, for the provision of Consumer Directed Community Supports (CSCS) through home and community-based waivered services programs, and to authorize Chairman Bredeson and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried. 

Motion was made by Commissioner Arensen to approve the contract between Lutheran Social Services of Minnesota and Lake of the Woods County Social Services for 2008 for the provision of home delivered meals for AC/EW/CADI/TBI and to authorize Chairman Bredeson and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. 

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

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

                                                Revenue          $  42,435.21

                                                Road & Bridge $ 15,607.65

                                                Solid Waste       $ 11,307.78              

                                                                          $75,835.99

                                                                WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  4/08/2008 FOR PAYMENT  4/11/2008

       AMOUNT   VENDOR NAME                                                 AMOUNT   VENDOR NAME

          415.30 AMERI PRIDE LINEN & APPAREL SE                   2759.69 ANDY’S GARAGE, INC.

          606.21 AUTO VALUE                                                          8200.00 AVTEX

          341.78 CANON FINANCIAL SERVICES                              4346.29 CO-OP SERVICES, INC.

        1549.58 CPS TECHNOLOGY SOLUTIONS                              750.00 DR DAYER

          663.92 GLOBALSTAR LLC                                                    582.61 GRAINGER, INC

          525.00 KIT HASBARGEN                                                    2242.50 PAUL HILDEBRANDT

          574.41 HOLTE IMPLEMENT, INC                                        512.62 HOLLACE HOUSE

        3258.44 HOWARD’S OIL COMPANY                                      363.09 HSBC BUSINESS SOLUTIONS

          494.50 K-LOG, INC                                                                328.15 LAKE OF THE WOODS FOODS

          450.00 LAKEWOOD HEALTH CENTER                               725.00 PAT LECLAIRE ELECTRIC (DBA)

        3288.24 LOW HIGHWAY DEPT                                            1260.00 MIDWEST MONITORING & SURVEILLA

        4406.16 MN COUNTIES COMPUTER CO-OP                          742.13 JEROME MOLINE

        1583.07 KENNETH MOORMAN                                            5308.05 LAW MOREN

          328.34 DAVY NESMOE                                                         324.92 PITNEY BOWES INC.

          334.53 POWERPLAN                                                            1853.08 PRO MAC MANUFACTURING LTD

        1656.16 R & Q TRUCKING, INC                                              499.40 REED’S SPORTING GOODS

        4000.00 RESERVE ACCOUNT                                               2935.41 RINKE-NOONAN

        1750.00 SJOBERG’S INC                                                        2640.00 VOYAGEURS COMTRONICS, INC

        1130.36 JAMES WALTON                                                     2573.43 WIDSETH SMITH NOLTING&ASST INC

        3416.18 WOODY’S SERVICE

43 PAYMENTS LESS THAN  $300       6,117.44

FINAL TOTAL     $75,835.99

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

                                                March 25, 2008           $           38,646.65

                                                March 25, 2008           $           52,552.80

                                                April 6, 2008               $                458.20

                                                April 6, 2008               $           45,395.15

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

County Auditor, John W. Hoscheid requested approval for a Seasonal On-Sale License/Sunday Liquor License for Baudette Recreation Inc. (Oak Harbor Golf Course) and approval to sign a renewal of consumption and display permit for Ships Wheel Resort.

Motion was made by Commissioner Patty Beckel to approve the On-Sale Seasonal Intoxicating Liquor License for Baudette Recreational Inc. (Oak Harbor Golf Course) effective April 15, 2008, to October 15, 2008, contingent upon the approval from the County Sheriff and County Attorney.  Seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Todd Beckel to authorize County Auditor, John W. Hoscheid to sign the 2008 renewal of consumption and display permit for Ship’s Wheel Resort.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

County Auditor, John W. Hoscheid presented the 2008 bus order for FAR North Public Transit and requested a resolution for purchase.

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

Resolution No. 08-04-01

FAR North Public Transit Bus Purchase

WHEREAS, Lake of the Woods County operates a transit system; and

WHEREAS,  Lake of the Woods County desires to purchase, through the State of Minnesota Cooperative Procurement Process, a vehicle to be used in the transit system, and

WHEREAS, The vehicle cost is allocated 20% local share and 80% State/Federal share; and

WHEREAS, The FAR North Public Transit staff have reviewed the vehicle options offered by approved multiple contracting vendors; and

WHEREAS, The staff recommends purchasing a vehicle from Hoglund Bus and Truck Company for the reason of cost, dependability and serviceability; and

NOW, THEREFORE, BE IT RESOLVED that the Lake of the Woods County Board hereby authorizes the purchase of a new transit bus from Grande American Bus Sales in the approximate amount of $59,098.00.

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

County Auditor, John W. Hoscheid met with the board requesting authorization to meet with Hitesman & Associates, P.A. to discuss health insurance options.

Motion was made by Commissioner Moorman to approve County Auditor to have an initial meeting with Hitesman & Associate, P.A. to discuss health insurance options.  Seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

MIS/GIS Director, Brent Birkeland met with the board requesting approval on the Information Technology Procurement Standard (ITPS) and to update the board on the Manatron tax system.

Motion by Commissioner Arnesen to approve the Lake of the Woods County Information Technology Procurement Standards dated April 8, 2008. Seconded by Commissioner Patty Beckel and the same put to a vote, was duly carried.

MIS/GIS Director, Brent Birkeland informed the board that MCCC requested him to serve as an alternate for the Manatron Project Steering committee.

Motion was made by Commissioner Todd Beckel to authorize MIS/GIS Director, Brent Birkeland to serve on the Manatron Project Steering committee for MCCC.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Harold Clark met with the board to discuss concerns of his adjoining property owner and to encourage the county to reconsider a Nuisance Ordinance. The board will take this under advisement.

Assistant Public Works Director, Bill Sindelir met with the board to set the annual road tour date.

Motion was made by Commissioner Todd Beckel to set May 20, 2008, at 7:30 a.m. as the date and time for the Lake of the Woods County annual road tour.  Seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

The meeting was called to recess at 9:45 a.m. and reconvened at 9:55 a.m. as follows:

Land and Water Planning Director, Josh Stromlund met with the board and discussed the possibility of streamlining the process of committee appointments to the Agricultural Advisory Committee, which would consist of placing an ad in the papers explaining what the committee would do. The board concurred with the plan. Josh also discussed the Light Detection and Ranging (LIDAR) equipment that is used for remote sensing to collect topographic data which could benefit the county in various ways.

Commissioner Todd Beckel reported back to the board that he spoke with Representative Anzelc on H.F. No. 3691 Rainy/Lake of the Woods Watershed Management Plan that did not include a local representation of appointment to the task force.  Representative Anzelc stated that he would add a local representative to the appointment list.

Chairman Bredeson shared a memo from the City of Baudette requesting that the county assist in preparation of deeds for the City lots.  The consensus of the board was if Interim County Attorney, Michelle Moren felt she had time that it would be all right with them.

Chairman Bredeson reported that Judy Gubbles sent a letter in regards to the Clementson property boundary issues and that some of the owners prefer to appoint a boundary commission, some to resolve this issue with a quit claim deed and some preferred to do nothing. The board will check with County Attorney, Michelle Moren to see what process that the county should do to take care of this issue.

The board discussed the following topics:  Cormorant issue, tower lease, and trails in Beltrami Forest still being treated as limited use.

Correspondence was acknowledged from: Northern Counties Land Use Coordinating Board, Minnesota Red River Valley Development Association and the 2007 annual report from Lake of the Woods Children & Families Collaborative.

The meeting was called to recess at 10:54 a.m. and reconvened at 11:00 a.m. as follows:

Motion was made by Commissioner Todd Beckel to close the regular meeting at 11:00 a.m. and open the planning commission as advertised.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Land and Water Planning Director, Josh Stromlund met with the board requesting approval of the initial Plat of Sportsman’s Lodge Bur Oak Villas.

Gregg Hennum                    Lots 1-4, Lot 6, the N 35’ of Lot        A Public Hearing as required

Sportsman’s Lodge              5 and Lot 7, less the N 33’, all             by the Lake of the Woods

Bur Oak Villas                     of Riverview Plat and that part of       County Zoning Ordinance and

                                             the public roadway lying between       the Rainy/Rapid Rivers Shore-

                                             the N line of Lot 12, Block 1 of           land Management Ordinance Brink’s 1st Subdivision  and the S                         to consider the initial plat of line of Lot 1 of Riverview Plat that                               Sportsman’s Lodge Bur Oak

                                             lies easterly of the southwesterly         Villas.

                                             extension of the westerly line of         

                                             Lots 1-12 of Riverview Plat, except   

                                             the S 20’ all located in Govt. Lot 5    

                                             of Section 24, T-162N, R-32W.         

Motion was made by Commissioner Todd Beckel to approve the initial Plat of Sportsman’s Lodge Bur Oak Villas Lots 1-4, Lot 6, the N 35’ of Lot 5 and 7, less the N 33’, all of Riverview Plat and that part of the public roadway lying between the N line of Lot 12, Block 1 of Brink’s 1st Subdivision and the S Lot 1 of Riverview Plat that lies easterly of the southwesterly extension of the westerly line of Lots 1-12 of Riverview Plat, except the S 20’ all located in Govt. Lot 5 of Section 24,-T-162N, R-32W with the conditions set forth by the subcommittee as identified and by the Planning Commission which, is on file in the office of the Land and Water Planning Office.  Seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried with Commissioner Patty Beckel abstaining from voting.

Motion was made by Commissioner Todd Beckel to close the Planning Commission at 12:20 and reopen the regular meeting.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Interim County Attorney, Michelle Moren met with the board to discuss the draft letter on the proposal of closing certain rural county courts.

Motion was made by Commissioner Todd Beckel to authorize all County Commissioners to sign the letter to Governor Pawlenty with the concerns of the possible closures of certain rural county courts.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

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

Attest:                                                                         Approved:       April 22, 2008

____________________________                            _____________________________

John W. Hoscheid, County Auditor                           Kim Bredeson, Chairman

Commissioner Proceedings

April 22, 2008

The Lake of the Woods County Board met in regular session on Tuesday, April 22, 2008, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Bredeson, Patty Beckel, Todd Beckel, and Moorman. Commissioner Arnesen was absent.  Also present were: County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren. Chairman Bredeson called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance. 

Motion was made by Commissioner Todd Beckel to approve the agenda with the following additions:  Regional Radio Board, County Television, and Travel for Rita Krause on May 1-2, 2008 to St. Cloud for Child Support Workshop and remove Highway from the agenda. Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Patty Beckel to approve the consent agenda as follows:

Travel for John W. Hoscheid and Darren Olson to St. Cloud on June 10-11 for election training; Bruce Hasbargen to Park Rapids on May 14-15 for Spring Screening Board meeting; Bruce Hasbargen to Bloomington on June 17-20 for MN County Engineers Association Summer Conference; Brent Birkeland to Arden Hills on May 14-15 for MN GIS/LIS Consortium Workshop; Brent Birkeland  and Dale Boretski to Alexandria on June 2-6 for MCCC Annual Conference Association Summer Conference and Rita Krause to St. Cloud on May 1-2, 2008 for Child Support Workshop. Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Patty Beckel to approve the minutes of April 8, 2008.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Land and Water Planning Director, Josh Stromlund met with the board requesting approval of the initial Plat of Sportsman’s Lodge Bur Oak Villas.

Gregg Hennum                    Lots 1-4, Lot 6, the N 35’ of Lot        A Public Hearing as required

Sportsman’s Lodge              5 and Lot 7, less the N 33’, all             by the Lake of the Woods

Bur Oak Villas                     of Riverview Plat and that part of       County Zoning Ordinance and

                                             the public roadway lying between       the Rainy/Rapid Rivers Shore-

                                             the N line of Lot 12, Block 1 of           land Management Ordinance Brink’s 1st Subdivision  and the S                         to consider the initial plat of line of Lot 1 of Riverview Plat that                               Sportsman’s Lodge Bur Oak

                                             lies easterly of the southwesterly         Villas.

                                             extension of the westerly line of         

                                             Lots 1-12 of Riverview Plat, except   

                                             the S 20’ all located in Govt. Lot 5    

                                             of Section 24, T-162N, R-32W.         

Motion was made by Commissioner Todd Beckel to approve the initial Plat of Sportsman’s Lodge Bur Oak Villas Lots 1-4, Lot 6, the N 35’ of Lot 5 and 7, less the N 33’, all of Riverview Plat and that part of the public roadway lying between the N line of Lot 12, Block 1 of Brink’s 1st Subdivision and the S Lot 1 of Riverview Plat that lies easterly of the southwesterly extension of the westerly line of Lots 1-12 of Riverview Plat, except the S 20’ all located in Govt. Lot 5 of Section 24,-T-162N, R-32W with the conditions set forth by the Subcommittee and Planning Commission. These conditions are on file in the office of the Land and Water Planning Office.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried with Commissioner Patty Beckel abstaining from voting.

Land and Water Planning Director, Josh Stromlund met with the board and presented a power point   on the International Water Institute Basin Mapping Initiative project which will cover the entire US Portion of the Red River Basin and will collect and disseminate high accuracy digital elevation data using Light Detection and Ranging (LiDAR) technology.  Josh informed the board that the county could have the LiDAR project done for the entire county in the amount of $192,000 and a decision would have to be made by May 20 of this year.  The project would begin this fall, however the billing would come late 2008 or early 2009 budget cycle.  The consensus of the board was that they supported the project but the county would need other partners to share the cost of such a project.

Social Services Financial Officer, Christine Hultman, met with the board requesting approval of claims.

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

Commissioners’ Warrants       $ 11,366.73

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

Chief Deputy Sheriff, Jim Walton met with the board requesting approval for the 2008 Boat and Water Safety Grant.

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

A Resolution Authorizing the Annual Boat and Water Safety Grant

Resolution 08-04-02

WHEREAS, under the provisions of M.S.86B.105, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner.

WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties.

NOW, THEREFORE BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2008 through June 30, 2009 in the amount of $5,121.00.

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

Interim County Attorney, Michelle Moren and Lee Hancock met with the board to discuss the petition for a cartway from Lee.  Michelle informed the board that Lee would be responsible for all costs, that it would require a bond to be posted up front, all publications, personal services, posting etc. and that this cartway would become a public road. The board tabled this until later in the day to be able to determine the cost of the bond.

The closed sessions were cancelled. 

Minnesota Pollution Control Rainy River Basin Coordinator, Nolan Baratono met with the board and updated them on the Impaired Waters in Lake of the Woods County.  Nolan informed the board that the study for the Baudette River and the Williams Creek will start as soon as possible in 2008 and Lake of the Woods study was to begin in 2010.

Commissioner Todd Beckel updated the board on the Regional Radio Board. He explained that 911 funds cannot be used for this, and that Draft Budget III shows Lake of the Woods County’s contribution to be $2,240.51.  No action was taken for this was not the final budget.

County Auditor, John W. Hoscheid met with the board requesting approval of forgiving a Rehabilitation Loan of Irvin McCall.  The board requested a listing of outstanding Housing Rehabilitation Notes and was moved to later in the day.

Interim County Attorney, Michelle Moren met with the board and discussed a letter she received from IHLE & Sparby, P.A. in regards to Judicial Ditch No. 36/Roadway. Michelle also distributed a Power Point of the Minnesota Judicial Branch FY-08-09 Budget.

Commissioner Moorman informed the board that there will be meetings on the Tuberculosis Bovine in Roseau on April 24, 2008, at the City Center and on Friday on April 25, 2008, at the Ranch House in Baudette.

The meeting was called to recess at 11:48 a.m. to have lunch at the Brink Center for Senior Dining Month.  The meeting reconvened at 1:00 p.m. as follows:

GIZIIBBI-RC&D Chairman, George Swentik gave an update on his business trip to Washington D.C. and discussed the Northern Excellence Seed Plant’s Bio-mass gasification plant.

Northern Excellence Seed Plant Manager Brent Benike, Chairman Steve Helmstetter and Mike Sparby from the Agriculture Utilization Research Institute met with the board to discuss the Bio-mass gasification plant and the need to build a 30X40 building for equipment.  Northern Excellence requested $30,000 to help with the construction of the building.

Motion was made by Commissioner Todd Beckel to contribute $30,000 from the Economic Development Fund in fiscal year 2008 to the Northern Excellence Seed Plant for construction of a 30X40 building for the Bio-mass gasification project. Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

The meeting was called to recess at 2:45 p.m. and reconvened at 3:00 p.m. as follows:

County Recorder, Susan Ney met with the board requesting approval to participate in the MACO marriage database.

Motion was made by Commissioner Todd Beckel to approve Lake of the Woods County’s participation in the MACO Marriage database with the funds for the Recorder’s Technology Fund and authorize Susan Ney, Local Registrar, to sign the Statement of Commitment for the same.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

MIS/GIS Director, Brent Birkeland met with the board to discuss the existing Optical D