May 5th, 2020

Commissioner Proceedings

May 5, 2020

The Lake of the Woods County Board of Commissioners met for a special meeting on Tuesday, May 5, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Chair Jon Waibel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Jon Waibel, Buck Nordlof, Cody Hasbargen, Ed Arnesen and Joe Grund.  Also present were: County Auditor/Treasurer Lorene Hanson, Emergency Management Director Jill Hasbargen-Olson.

APPROVAL OF AGENDA

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda.

COVID-19 UPDATE

Emergency Management Update  

Jill Hasbargen-Olson, Emergency Management Director, provided a COVID-19 update.  Hasbargen-Olson said that there was nothing new to report and that there were no confirmed cases in Lake of the Woods County.  She shared that during the stakeholders meeting last week, Ryan Zemek from Lake of the Woods Economic Development Authority talked about what businesses would need to reopen. Todd Farris, from ANI Pharmaceuticals, Inc., also spoke about policies and procedures in place there.  The Minnesota Department of Employment and Economic Development (DEED) and Occupational Safety and Health Administration (OSHA) will attend the stakeholders meeting this Thursday at 4:00 p.m.  

There will be a Tornado Drill on Wednesday, May 6th for the Government Center and Highway Department.

Discussion with Department Heads: Creating a plan for reopening the county buildings and services

Hasbargen-Olson recommended a committee approach for creating a plan and long-term strategy to reopen county buildings and services, to include the Building and Safety Committee and Human Resources.  Hasbargen-Olson has policy templates to provide to departments.  The committee can work on a main policy and then departments can adjust for their needs. The group should discuss signage, mask policy, and sanitizer stations.

Hasbargen-Olson did pick up a supply of sanitizer from ANI Pharmaceuticals, Inc.

A communication was sent to the Governor’s Office asking for clarification regarding reopening county and state offices.

Kay M. Schell, CHI LakeWood Public Health Manager, talked about the symptoms that were added to the COVID-19 symptom list.

Commissioner Ed Arnesen, asked about testing.  Schell said that the Minnesota Department of Health is working on a quick test option to be available within the next month.  Schell will get an update on the timeline and the number of tests that will be available to our area and will report her findings at the Thursday stakeholders meeting.  CHI LakeWood Health is also working on getting a testing unit in-house, late summer, through CommonSpirit Health.  This unit would test for COVID-19 as well as other things.

The Highway Department will be planning to go full-staff on Monday, May 11th to get started on road and drainage projects.  They will be staggering shift start times.  The Public Works Office will be keeping the doors closed to the public for now, they can provide needed documents by email or meet customers at the door to provide forms if needed.

The process to reopen license center services to the public included a discussion of starting in stages, possibly by appointment. The Department of Driver and Vehicle Services requires a plan to be submitted before reopening the doors to the public.  Commissioner Jon Waibel would like to test run having customers call for appointments.

Several departments are currently using a drop box in the social services lobby and it is causing increased interaction between departments. A larger drop box will be installed outside to accommodate Social Services.  The smaller lock box that is currently available outside the government center, will continue to be used for dropping off items for other departments.

Hasbargen-Olson recommends not to continue with drivers testing in the Commissioners’ Room when the Government Center opens to the public – Bemidji or Roseau can accommodate testers with a larger space.

In general, the County should be working towards getting staff back to full capacity with COVID-19 guidelines, working from home can still be part of the plan.

An update on the Courts from County Attorney, James Austad – with very few exceptions, there are no in-person hearings at this time.

Other Areas of Concern

County Attorney, James Austad, mentioned a lack of high-speed internet in the area.

County Engineer, AJ Pirkl, asked if there was a plan in place if the county were to go from zero to 15 cases after this weekend.  Schell commented that a worry would be if there is a surge and Bemidji or Grand Forks are full.  She said that Bemidji is our first call, COVID-19 patients would be transported there.  There is also a COVID-19 hospital in Saint Paul.  The infrastructure of our local hospital was built for critical care, the facility would not have the oxygen supply for multiple patients needing oxygen for a long period of time.  As a facility, LakeWood, is working on the lead time for oxygen delivery.  Commissioner Ed Arnesen asked about Sanford in Thief River Falls and their ventilator capacity.

Hasbargen-Olson is working on a document to help prepare for the influx of people due to tourism.

Mike Hovde, from the Northern Light Region, had a question for the Commissioners who represent the resorts.  From what Hovde has heard, resorts are not seeing the traffic or reservations that are typical of May and June.  Commissioner Ed Arnesen said that he is seeing the same in his own business, they are getting some cancelations and group sizes are shrinking.  

The Lake of the Woods Economic Development Authority will continue to meet by phone/web.

Individuals that are part of the Buildings and Safety Committee and Human Resources will stay to have a work session after this meeting to start on the plan for reopening County buildings and services.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 9:58 a.m.

Attest: May 12, 2020

__________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel 

May, 2019

Commissioner Proceedings

May 14, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 14, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. 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 Waibel, seconded by Commissioner Arnesen and carried unanimously to approve the agenda with the following addition- Northerly Park.  

Approval of Minutes

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of April 23, 2019.

VETERAN SERVICE

Veteran Gregg Brown met with the board to discuss Veterans Home Health Care which is not available within the County. Social Service Director, Amy Ballard informed the board that if the Veteran has their primary Insurance with the Veterans Administration they will come and assess the needs of the patient, and then will set someone up to come into their home. She also explained that the county now has access to Northwoods Caregivers that comes into your home and provide services.

Motion

Motion was made by Commissioner Arenesen, seconded by Commissioner Nordlof and carried unanimously to add Home Health Care Task Force to the Old/New Business.

SOCIAL SERVICES

Social Services Director, Amy Ballard met with the board requesting approval for claims and Proclamation for Long Term Care and Senior Linkage Line services.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $18,095.60, Commissioners Warrant’s $4,362.73, Commissioners Warrant’s $47,660.22.

Proclamation

The following proclamation was offered by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously.

RESOLUTION 19-05-01

STATE OFMINNESOTA Proclamation of Older Americas Month

WHEREAS: Older Minnesotans are active contributors of their talent, time, and life

experience who make a difference in lives of others in their communities; and

Communities that encourage the contributions of older adults are stronger. By

engaging and supporting all community members, older adults play a key role in

the vitality of our state; and

WHEREAS: Older Minnesotans continue to make sacrifices to ensure a better life for the

generations that follow, which strengthens and enhances the entire state; and

WHEREAS: It’s time we recognize and celebrate what getting older looks like today and raise

awareness about aging issues; and

WHEREAS: The Minnesota Board on Aging continues to lead the nation in the fields of aging

policy, advocacy and assistance to help older Minnesotans with their goals to age

well and live well; and

WHEREAS: The Minnesota Board on Aging’s Ombudsman for Long-Term Care and Senior

LinkAge Line services provide advocacy and assistance to help older adults live Longer, healthier lives.

NOW, THEREFORE, Governor Tim Walz herby proclaims the month of May as Older Americas Month.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, Deputy Registrar Appointment, Wells Fargo signature card, Snowmobile Resolutions, Re-Schedule Cartway hearing, State of MN Lease for Drivers Exam room and NWA Meeting Agenda Items.

Claims  

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Grund and carried unanimously to approve the claims against the County as follows: Revenue $54,957.05, Road & Bridge $199,137.28, Social Service $7.47, Co. Devlp. $41,200.00, Solid Waste- $31,845.57- EDA, $1,244.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/14/2019 For Payment 5/17/2019

Vendor Name                                        Amount

Cenbion, LLC                                                                   24,589.16

Cenex Co-Op Services, Inc.                                             6,262.02

Counties Providing Technology                                         3,695.00

Evergreen Implement Company                                     181,500.00

JMD Manufacturing Inc                                                      2,562.08

Koochiching County Sheriff                                              3,060.00

LOW Highway Dept                                                           4,602.26

LOW International Ice Arena                                           40,000.00

Mar-Kit Landfill                                                                 11,508.25

Mesabi Bituminous, Inc.                                                     2,432.00

R & Q Trucking, Inc                                                            4,120.00

Swanston Equipment Corp                                                2,343.78

TOTALFUNDS                                                                    3,000.00

Woody’s Service                                                               2,435.17

Ziegler, Inc                                                                         2,061.77

78 Payments less than 2000 34,220.44

Final Total: 328,391.93

Further moved to authorize the payment of the following auditor warrants- April 24, 2019- $13,761.01, May 1, 2019 – $112,334.85, May 5, 2019- $158,308.17, May 8, 2019- $102,839.01.

Deputy Registrar Appointment

Motion was made by Commissioner Arensen, seconded by Commissioner Waibel and carried unanimously to appoint Erik Tange as Lake of the Woods County Deputy Registrar and Driver’s Licenses Agent pursuant to MN Statute 168.33 and MN Administrative Rules, chapter 7406 effective May 31, 2019.

Wells Fargo Motor Vehicle Checking Account

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to add Motor Vehicle/Driver’s License Agent, Jaime Boretski to the Motor Vehicle checking account effective May 14, 2019 and remove Deputy Auditor/Treasurer, Janet Rudd from the account effective May 31, 2019.

Sponsorship of Snowmobile Trails Assistance Programs

Resolutions

Border Trails

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

Resolution No. 19-05- 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 Border Trails 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 carried unanimously

Big Traverse

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

Resolution No. 19-05- 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 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-Treasurer, Lorene Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

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

NWA Edge Riders Club

Resolutions

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

Resolution No. 19-05-04

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-Treasurer, Lorene Hanson is hereby authorized to serve as the fiscal agent for the above referenced project

Cartway Hearing   

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to re-schedule the Cartway Hearing for Jared and Jill Martinsen and Andrea M. Olson from May 14, 2019 at 10:30 to June 11, 201 at 10:30 a.m. at the site Pursuant to Minn. Stat. §. 164.08.

MN Department of Public Safety-Commissioners Room Lease

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the use of the Commissioner’s Room at the Lake of the Woods Government Center the first Thursday of each month commencing July 1, 2019 thru June 30, 2021 at a rental rate of $300.00 per year and payable quarterly rate of 75.00.  

NWA Board Meeting

Chairman Hasbargen discussed agenda items for the NWA board meeting.

T-21

Commissioner Nordlof informed the board that the Public Health Services has been active with the T-21 tobacco use within the Community. Many residents and businesses are in favor of the change within Lake of the Woods County and Commissioner Nordlof requested that this be placed on the June 11, 2019 board agenda.

CARP DITCH-GEORGE SWENTIK

George Swentik met with the board to discuss the Carp Ditch and concerns that the work on the ditch has not been completed. The board informed George that they will take care of this issue.

Chairman Hasbargen excused himself from the meeting at 10:35 a.m. and Vice-Chairman Jon Waibel resumed position of Chairman.

AMEND AGENDA

Motion was made by Commissioner Arensen, seconded by Commissioner Nordlof and carried unanimously to amend the Agenda and add Border Bait Cigarette License to the agenda.

Motion

Motion was made by Commisisner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve Travis and Ashley Barclay cigarette license application for Border Bait Company LLC effective April 16, 2019 thru June 30, 2019.

PLOUGHING CONTEST

Vice- Chairman Waibel discussed a request from Lake of the Woods Tourism Bureau Director, Joe Henry for monetary support for the cost of EMT’s and ambulance service for the venue. No action was taken by the board.

HUMAN RESOURCE DIRECTOR

Human Resource Director, Savanna Slick and County Sheriff, Gary Fish met with the board requesting the Emergency Director, Jill Olson receive a step increase for taking over the PSAP duties. The consensus of the board was to have this brought to the Compensation Committee for their recommendation.

Resignation

Human Resource Director, Savanna Slick informed the Board that Maintenance Assistant Brian Carlin resigned effective May 9, 2019 and requested to hire from the 2018 applicants list.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to authorize Human Resource Director, Savanna Slick to hire for the 2018 applicants list.

COUNTY SHERIFF

County Sheriff, Gary Fish met with the board requesting approval for the 2019 State Boat & Water Grant in the amount of $6,630.

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

A RESOLUTION AUTHORIZING THE ANNUAL

BOAT & WATER SAFETY GRANT

Resolution No. 2019-05-05

WHEREAS, under the provisions of M.S.86B.701 & 705, 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, 2019 through June 30, 2020. Fiscal year 2019 will be paid up to $6,630.00 for expenses incurred between the effective date of the grant. The resolution was seconded by Commissioner Nordlof, and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 10:55 a.m. and reconvened at 11:00 a.m.

Lakewood Care Center

LakeWood Care Center President, Jeffry Stampohar met with the board and informed them that the Care Center is proposing to permanently de-license 12 skilled nursing beds due to census declining. By reducing the care center bed size of 44 (12 single rooms and 16 double rooms) to a 32 bed facility (24 single rooms and 4 double rooms). This will stabilize the resources to remain viable organization for the   needs of our seniors.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arensen and carried unanimously and authorize Chairman Hasbargen to sign the letter of support for LakeWood Care Center.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board requesting that the Administration Fee of $200.00 be removed from his office fees structure now that the process is in place for Sub-Divisions which is part of the offices duties. Josh also informed the board that the office is receiving many question in regards to the Buffer Law and wanted to check if he could have a representative from BWSR committee and have a “Question and Answer” session on Buffer regulations. The consensus of the board was to set up the training with BWSR.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Arensen and carried unanimously to remove the Administration Fee of $200.00 from Land and Water Planning Office fees structure.

NORTHERLY PARK

Vice- Chairman Waibel discussed the request of funds for the Northerly Park Committee for assistance with culverts and soil sampling.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to approve the installation of two culverts on County owned land, Parcel No. 02.28.31.000, not to exceed $6,000.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to contribute up to $4,000 for Soil Sampling for County owned land, Parcel No. 02.28.31.000 with funding from the County Development fund.

RECESS

With no further business before the board, Vice-Chairman Waibel called the meeting to recess at 11:35 a.m.

Attest:                                                                                      May 28, 2019

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Cody Hasbargen

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

Commissioner Proceedings

May 28, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 28, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. 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 Waibel, seconded by Commissioner Grund and carried unanimously to approve the agenda with the following additions- Motions to Hire, Williams Youth Association and Re-Appointment.

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve the official and summarized minutes of May 14, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard met with the board requesting approval for claims.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $13,854.71, Commissioners Warrant’s $4,262.56, Commissioners Warrant’s $21,741.69, Commissioners Warrant’s, $21,543.69.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, Resolution of Years of Service, Motions to hire.

Claims  

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $47,085.83, Road & Bridge $8,891.99, Social Service $3,068.74, EDA, $724.80.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/28/2019 for Payment 5/31/2019

Vendor Name                                                    Amount

American Solutions For Business                                     3,599.08

Dell Marketing, Lp                                                            12,211.68

Election Systems & Software, Inc                                     4,030.00

Johnson Auto & Machine                                                  2,883.20

NetWork Center Communications                                      5,600.00

Northern Light Region                                                        2,644.15

Shi Corp                                                                             3,393.00

Sun Monitoring                                                                   2,271.00

Swanston Equipment Corp                                                2,326.57

47 Payments less than 2000  20,812.68

Final Total: 59,771.36

Further moved to authorize the payment of the following auditor warrants- May 15, 2019- $5,979.07, May 22, 2019 – $634,989.49.

Motions to Hire

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to authorize County Auditor/Treasurer, Lorene Hanson to hire Jaime Boretski- LaValla at grade 11, step 1, $19.93 per hour, points 253, and effective May 1, 2019.

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to authorize Maintenance Supervisor, Peder Hovland to hire Dylan Eason as Maintenance Assistant at grade 6, step 1, $15.11 per hour, points 178, effective –  May 20, 2019.

Resolutions

Year of Service Recognition

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

RECOGNITION OF YEARS OF SERVICE

JANET RUDD

RESOLUTION 2019-05-06

 Whereas:  Janet Rudd has served the residents of Lake of the Woods County since May 13, 1986 as Lake of the Woods County Deputy Auditor/Treasurer;

Whereas:  Janet has resigned from Lake of the Woods County service effective May 31, 2019 with thirty-three years of service;

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

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

LAKE OF THE WOODS SCHOOL   

Lake of the Woods School Principal, Brian Novak met with the board and reviewed the quotes for the startup cost for the proposed Welding Classes at the School.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof, and carried unanimously to contribute $10,000 to the Lake of the Woods School for a startup cost for the Welding Shop with funding from the con-con funds.

EHLERS BONDING

Chairman Hasbargen reviewed the bonding information for the New Law Enforcement Center from Ehlers Bonding Company.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to approve Ehlers Bonding Company for the New Law Enforcement Center.

RECESS

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

SOIL AND WATER

Mike Hirst, Lake of the Woods Soil & Water Conservation District Resource Technician met with the board and presented information on the Comprehensive Local Water Management Plan.

Resolution

The following resolution was offered by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to approve the following resolution:

Resolution to Extend

Lake of the Woods County

Comprehensive Local Water Management Plan

Resolution No. 19-05-08

WHEREAS, Minnesota Statutes, §103B.301, Comprehensive Local Water Management Act, authorizes Minnesota Counties to develop and implement a Comprehensive Local Water Management Plan, and

Whereas, Lake of the Woods County currently has a state approved Comprehensive Local Water Management Plan that covers the period of May 27, 2015 through October 28, 2019, and

WHEREAS, Lake of the Woods County is currently updating the Comprehensive Local Water Management Plan in accordance with Minnesota Statutes §103B.301, and

WHEREAS, the State of Minnesota’s vision for water planning is to move to One Watershed, One Plans which align local plans on major watershed boundaries instead of county boundaries, and

WHEREAS, Lake of the Woods County is comprised of four major watersheds: Lake of the Woods, Lower Rainy River, Rapid River, and Roseau River, and

WHEREAS, the Lake of the Woods One Watershed, One Plan is scheduled for adoption in 2019, and

WHEREAS, the Lower Rainy River Watershed and Rapid River Watershed are currently undergoing a joint MPCA Watershed Restoration and Protection Strategy (WRAPS) process, and the planning partners for these watersheds are interested initiating the One Watershed, One Plan process within the next 2 years for these joined major watersheds, and

WHEREAS, it is optional forLake of the Woods County to participate in the Roseau River One Watershed, One Plan per the state guidance that allows local governments to opt out when their jurisdictional land area is less than 10% of the watershed plan boundary, and

WHEREAS, these One Watershed, One Plan planning efforts will both supplement and supplant the Comprehensive Local Water Management Plan over the course of the next five years, and

WHEREAS, the Minnesota Board of Water and Soil Resources has authorization to grant extensions pursuant to Minnesota Statutes §103B.3367;

NOW, THEREFORE, BE IT RESOLVED, the Lake of the Woods County Board of Commissioners requests from the Minnesota Board of Water and Soil Resources an extension of the effective date of the current Lake of the Woods County Comprehensive Local Water Management Plan until October 2024, in order to transition to the One Watershed, One Plan Process complete the update.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting approval to purchase a plow truck and equipment and Resolution for Local Road Improvement Program Grant for SAP 039-592-001.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the purchase for a plow truck and equipment as budgeted in the amount of $164,005 after trade.
Resolution

The following resolution was offered by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the following resolution:

(Local Road Improvement Program)

Grant Terms and Conditions

SAP 039-592-001

Resolution 19-05-07

WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement and

WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and

WHEREAS, the amount of the grant has been determined to be $335,919.35 by reason of the lowest responsible bid;

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 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 bridge but not required.  The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.

RE-APPOINTMENT OF COUNTY ENGINEER

The board discussed the Re-Appointment of Public Works Director, Tim Erickson. After discussion with Tim Erickson, Chairman Hasbargen called for a motion for Re-Appointment for County Engineer.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof to Re-Appoint Tim Erickson for Lake of the Woods County Engineer.  Voting for:  Commissioners: Arnesen and Nordlof; Voting against: Commissioners: Waibel, Hasbargen and Grund. Motion failed.

It was the consensus of the County Board to set a work session for Monday, June 3, 2019, to discuss the Public Works Department.

RECESS

With no further business before the board, Chairman Hasbargen called the meeting to recess at 11:22 a.m.

Attest:                                                                                      June 11, 2019

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Cody Hasbargen

May, 2018

Commissioner Proceedings

May 22, 2018

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 22nd, 2018 at Lake of the Woods County Government Center in the Commissioners’ Room.

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: Cody Hasbargen, Ed Arnesen, Buck Nordlof and Jon Waibel. Absent 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 Nordlof, seconded by Commissioner Hasbargen and carried unanimously to approve the agenda with the following additions: Liquor License, Ploughing Contest, Investment Report and Sheriffs Budget.  

Approval of Minutes

Motion

Motion was made by Commissioner Waibel seconded by Commissioner Nordlof and carried unanimously to approve the official minutes and summarized minutes of May 22, 2018.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $2,418.12, Commissioners Warrants $45,596.42.

COUNTY AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Nordlof and carried unanimously to approve the claims against the county as follows: Revenue-$71,424.99-Road & Bridge-$10,872.21-County Devlp. -$5,545.00 -Solid Waste-$5,190.12-EDA-$656.36.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/22/2018 For Payment 5/25/2018

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                       4,260.02

Code 4 Services LLC                                                10,581.92

Election Systems & Software, Inc                            42,995.00

Swanston Equipment Corp                                         3,331.42

Williams Senior Citizens                                              4,000.00

Ziegler, Inc                                                                  4,528.24

46 Payments less than 2000 23,992.08

Final Total: 93,688.68

Further moved to authorize the payment of the following Auditor warrants: May 8, 2018-$246,132.31, May 8, 2018-$(9.15), May 9, 2018-$97,113.20, May 17,2018-$5,497.42.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve the lease agreement for a portion of the Government Center North Building consisting of approximately 748 square feet effective August 1, 2018 thru July 31,2019

Revenue/Expenditures

County Auditor/Treasurer, Lorene Hanson met with the board and reviewed the first quarter Revenue and Expenditures and also reviewed the Investment Report with the board.

Liquor License

County Auditor/Treasurer, Lorene Hanson met with the board and informed the board that she looked into the approval of Liquor Licenses and spoke with County Attorney, James Austad. His opinion is that just the renewals of Liquor Licenses do not have to come to the board for approval. The consensus of the board that this would be fine.  

Ploughing Contest

County Auditor/Treasure, Lorene Hanson informed the board that Lake of the Woods Tourism Bureau Director, Joe Henry inquired on how to set up proper service for food and alcohol in Lake of the Woods County for the 2019 Ploughing Event. The Auditors office contacted MN Liquor Control and there were just a few options available for them to sell. County Attorney, James Austad recommended not going with the Community Festival options. The information and available options was to be sent to Joe Henry.

EMERGENCY MANAGEMENT

The board discussed the Emergency Management Office and the Sheriff Office structure and will set a work session to review the office.

RECESS

The meeting was called to recess at 9:50 a.m. and reconvened at 10:00 a.m.

PICTOMETRY IMAGERY

The board discussed the Picotometry Imagery with GIS Specialist Eric Solo in regards to 911 funds to be used for the imagery. Eric informed the board that he has spoken to the State in regards to 911 funds and they said that the 911 funds could be used as long as the county owns the images, which the county does.

SHIP

CHI Public Health Nurse, Jodi Johnson met with the board and discussed the Tobacco Usage and discussed   the Lake of the Woods County Tobacco Ordinance.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board to inform them that Barry Bailey will be retiring on July 27, 2018 from his Solid Waste Processor position and requesting to advertise, interview and hire for this position.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to authorize Public Works Director, Tim Erickson to advertise, interview and hire for a Solid Waste Processor.

DITCH AUTHORITY

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to close the regular meeting at 10:40 a.m. and open the Ditch Authority.

Public Works Director, Tim Erickson discussed Ditch 26 and requested authorization to advertise for quotes.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to authorize Public Works Director, Tim Erickson to get  quotes out for work on JD26 for repairs and approve Public Works Director to work on two hundred feet (200) of CR 3 Outlet.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to close the Ditch Authority at 11:10 a.m. and reconvened the regular meeting.

NWA MEETING

Chairman Arnesen reviewed topics of discussion for the June 19, 2018 board meeting that will be held at Angle Outpost Resort at 10:00 a.m.

RECESS

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

Attest:                                                                          June 12, 2018

__________________________________                _____________________________________

County Auditor/Treasurer, Lorene Hanson                    Chairman of the Board, Edward Arnesen

May, 2017

Commissioner Proceedings

May 9, 2017

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 9, 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, Buck Nordlof and 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 Arnesen, seconded by Commissioner Moorman and carried unanimously to approve the agenda with the following additions: Take –A-Kid fishing.  

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, 25, 2017.

SOCIAL SERVICES

Claims

Social Service Financial Officer, Christine Hultman met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Arnesen and carried unanimously to approve the claims against the county as follows: Commissioner Warrants-$7,285.22, Commissioner Warrants-$6,430.31, Commissioner Warrants- $20,079.78.

AUDITOR/TREASURER

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

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Revenue $35,5893.49- Road & Bridge $20,483.01-Co. Development $10,001.59- Joint Ditch $225.00-Solid Waste, $24,827.81- EDA, $1,372.00.

            WARRANTS FOR PUBLICATION

Warrants Approved On 5/09/2017 For Payment 5/12/2017

Vendor Name                                                    Amount

Cenex Co-Op Services, Inc.                                                 8,717.44

Computer Professionals Unlimited Inc                                  3,510.00

Dacotah Paper Company                                                      5,333.88

FleetPride                                                                              2,131.62

Grund/Joseph G                                                                   3,113.00

Headwater Regional Development Commiss                        2,500.00

LOW County Auditor/Treasurer                                         10,867.64

LOW Highway Dept                                                              3,358.75

Mar-Kit Landfill                                                                    11,048.50

Powerplan                                                                            2,563.28

Widseth Smith Nolting&Asst Inc                                          4,947.33

Woody’s Service                                                                  2,066.85

74 Payments less than 2000 32,340.61

Final Total: 92,498.90

Further moved to authorize the payment of the following auditor warrants: April 26, 2017- $122,704.01-May 3, 2017 – $10,466.08.

Take A Kid Fishing

County Auditor/Treasurer, Lorene Hanson updated the Board on Take A Kid fishing. In April, when requesting their funds, they only requested $600.00 of the total request of $1,000.00. They are now requesting the remaining balance of $400.00.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hasbargen and carried unanimously to approve an additional $400.00 for Take- A- Kid fishing from the Con-Con funds.

Snowmobile Club Resolutions

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for Sponsorship on the Snowmobile Trails Assistance program.

NW Angle Edge Riders

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

Resolution No. 17-05-01

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 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 Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

Lake of the Woods Drifters

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

Resolution No. 17-05-02

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 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.

Off Sale License

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval to set a Public Hearing for Flag Island Resort for adding off sale to their combination On-Sale License.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to set a Public Hearing pursuant to MN Statue § 340A.405 (c ) Combination On-Off Sale License for Flag Island Resort on June 13, 2017 at 10:00 a.m. (Flag Island Resort has an On Sale Licenses)

Revenue/Expenditures

County Auditor/Treasurer, Lorene Hanson met with the board and reviewed the Revenue/Expenditure Report for first quarter.

WILLIE WALLEYE WEEKEND-RODEO

Larry Toll, Volunteer for Fair Board met with the board requesting sponsorship for a Rodeo that will be held on June 2&3 at the fairgrounds. Larry reviewed the Sponsorship levels with the board.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Moorman and carried unanimously to support the Fair Boards Rodeo with a contribution of $1,000, payable to the Fair Board for the Rodeo from the con-con account.

 RECESS

The meeting was called to recess at 10:05 a.m. and reconvened at 10:13 a.m.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting approval for the bid opening for contract numbers 20171 and 20172.

The following bids were received:

Contract No. 20171-SAP 039-614-008,SAP 039-625-006

Knife River Materials                                        $597, 974.59

R J Zavoral & Sons Inc.                                   $647,342.32

Davidson Ready-Mix & Construction Inc.         $692,604.50

Mark Sand & Gravel Co.                                 $806,467.50

Contract No., 20172-SAP039-608-023

Knife River Materials                                        $1,188,798.06

R.J. Zavoral & Sons Inc.                                  $1,235,822.75

Davidson Ready Mix & Construction Inc.         $1,326,634.20

Mark Sand & Gravel Co.                                 $1,483,135.40

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Arnesen and carried unanimously to approve SAP 039-608-023 to the lowest responsible bidder to Knife River Materials in the amount of $1,188,798.06.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Moorman and carried unanimously to approve SAP 039-614-008, SAP 039-625-006 to the lowest responsible bidder to Knife River Materials in the amount of $597,974.59.

ARROWHEAD LIBRARY

Arrowhead Library Board Director, Jim Weikum, Board Member Ron Rudd and Baudette Liberian Kelli Pelland met with the board and updated the board on what is available to the public thru the Arrowhead Library system.

EAGLE SCOUT RECOGNITION

Commissioner Moorman informed the board that he was contacted by Scout Master Joe Johnson to inform him that Zachary Muggli and Matthew Johnson had earned the Eagle Scout badge.

Resolution

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

            RESOLUTION NO. 17-05-03

RECOGNITION OF ZACHARY MUGGLI FOR HIS ACCOMPLISHMENT ON EARNING THE “EAGLE SCOUT BADGE”

WHEREAS, Boy Scout Troop 62, member Zachary  Muggli  has advanced through the ranks of Tenderfoot, Second Class, First Class, Star, Life;       and has now earned the highest advancement rank  in scouting as an Eagle Scout;

WHEREAS, Zachary as a Life Scout has served actively for a period of six months as a Boy Scout Troop Senior Patrol Leader;

WHEREAS, Zachary has earned his 21 badges, with 13 of them in specialized areas. At each advancement, he has taken part in scoutmaster conferences, has demonstrated  participation in increasingly more responsible service projects, and demonstrated leadership skills by holding one or more specific youth positions of responsibility in his troop;

NOW THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners hereby congratulates Zachary Muggli on his rank as “Eagle Scout”.

Resolution

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

                                                            RESOLUTION NO. 17-05-04

RECOGNITION OF MATTHEW JOHNSON FOR HIS ACCOMPLISHMENT ON EARNING THE “EAGLE SCOUT BADGE”

WHEREAS, Boy Scout Troop 62, member Matthew Johnson  has advanced through the ranks of Tenderfoot, Second Class, First Class, Star, Life;       and has now earned the highest advancement rank  in scouting as an Eagle Scout;

WHEREAS, Matthew as a Life Scout has served actively for a period of six months as a Boy Scout Troop Senior Patrol Leader;

WHEREAS, Matthew has earned his 21 badges, with 13 of them in specialized areas. At each advancement, he has taken part in scoutmaster conferences, has demonstrated  participation in increasingly more responsible service projects, and demonstrated leadership skills by holding one or more specific youth positions of responsibility in his troop;

NOW THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners hereby congratulates Matthew Johnson on his rank as “Eagle Scout”.

STRATEGIC PLANNING

The board discussed the following: Road Inventory, Drainage Plan, Road Tour, Infrastructure, Road and Bridge – Plans/Projects, Law Enforcement Building.

RECESS

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

Attest:                                                                                      May 23, 2017

___________________________________              _____________________________________

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

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

Commissioner Proceedings

May 23, 2017

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 23, 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, Buck Nordlof and 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 Arnesen and carried unanimously to approve the agenda with the following additions: Airport Hangar, NWA agenda, and AMC meeting.  

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 May 9, 2017.

SOCIAL SERVICES

Claims

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

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the claims against the county as follows: Commissioner Warrants-$1,407.50, Commissioner Warrants-$3,986.67, Commissioner Warrants- $6,516.81, Commissioners Warrants- $13,938.10.

Fraud Prevention Investigation Plan

Social Service Director, Amy Ballard met with the board requesting approval for the Fraud Prevention Investigation Plan (FPI) which is required by MN Statutes as it serves as the legal basis for establishing the organizational and operational structures of FPI.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hasbargen and carried unanimously to approve Lake of the Woods County Social Services Fraud Prevention Investigation Plan to the State of Minnesota through its Department of Human Services Department and authorize Chairman Nordlof and Social Services Director, Amy Ballard to sign.

AUDITOR/TREASURER

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

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Revenue $115,029.03- Road & Bridge $14,140.32-Co. Development $200.00- Natl Resc Enhanc- $4,844.72- Joint Ditch-$1,400.00-Solid Waste, $6,942.66- EDA, $772.42

WARRANTS FOR PUBLICATION

Warrants Approved On 5/23/2017 For Payment 5/26/2017

Vendor Name                                                    Amount

Lakewood Health Center                                                         3,919.94

LOW Fair Association                                                            25,000.00

M-R Sign Co, Inc                                                                    13,295.37

NetWork Center Communications                                            5,600.00

North East Technical Service,Inc                                             4,220.50

TRANE                                                                                   66,418.00

45 Payments less than 2000 24,875.34

Final Total: 143,329.15

Further moved to authorize the payment of the following auditor warrants: May 10, 2017- $88,448.43-May 10, 2017 – $132,137.66, May 17, 2017-$6,522.74.

Phone Stipend

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for a cell phone stipend for MIS Tech 1, John Butenhoff.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hasbargen and carried unanimously to approve a cell phone stipend in the amount of $60.00 per month for MIS Tech 1, John

Butenhoff effective June, 2017.

Government Center North

County Auditor/Treasurer Lorene Hanson met with the board and informed the board that the Lease with Sanford Health will expire in December and Northwest Community Action Lease will expire in July and informed the board that AMC District meeting will be held on June 14 in Bemidji.  The consensus of the board was to have the lease agreement run for one year.

Liquor Licenses

County Auditor/Treasurer Lorene Hanson met with the board requesting approval for the 2017-2018 Liquor License, 3.2 Malt Liquor and Cigarette licenses.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously, with Commissioners Arnesen abstaining to approve the following licenses:

On/Off Sale and Sunday Liquor License:

Adrian’s Resort, DACH -Angle Inn Lodge, Ballard’s Resort, Borderview Lodge, Crow Creek Properties, DBA Jerry’s Restaurant and Lounge,  Morris Point Lakeview Lodge, PCE-Riverbend Resort, Rock Harbor Lodge, J&L Hennum-Sportsman’s Lodge, MAWRLT Inc.-Wigwam Resort, Zippel Bay Resort, Sportsman’s Oak Island Lodge, Bugsy’s on Bostic, Sunset Lodge;

On-Sale and Sunday Liquor License:

First Ice Enterprises-Cyrus Resort, Ken-Mar-Ke Resort, Wheelers Point Resort, Bathel Enterprises- Slims Resort;

Off-Sale Only:

Log Cabin Liquors Inc.

Wash N Go

Cigarette License:

Ballard’s Resort, Bay Store, Borderview Lodge, Cenex, City of Williams, City of Baudette, First Ice Enterprises-Cyrus Resort, Bugsy’s On Bostic, Border Bait, Dollar Store,  Dicks Head Shop,  Holiday Station, Howard’s, Jeanette Mcatee, Lake of the Woods Foods,  Log Cabin Liquors, Long Point Resort, Morris Point Lakeview Lodge, Rock Harbor Lodge,  Sportsman’s Lodge, Sportsman’s of Oak Island Lodge, Sunset Lodge, Andys Garages, Wash N Go, Wheeler’s Point, Zippel Bay Resort;

3.2 On-Sale Malt Liquor:

Long Point Resort, Ships Wheel;

3.2 Off-Sale Malt Liquor:

Angle Outpost, Bay Store, Cyrus Resort, Border Bait, Long Point Resort; 

DITCH 26 UPDATE

Public Works Director, Tim Erickson informed the boad that ditch assessments are on the tax roll, cleanup and brushing have been done as well as the blowing of dams. The next step is to survey and clear trees.

COUNTY RECORDER

County Recorder, Sue Ney met with the board and informed them that as of the end of the month, Radio Shack will discontinue taking passport photos. At this time, no one in the community has informed Nobles that they are interested in providing the passport phots.  In order to continue accepting passport applications, she believes that her office will have to provide the service. The quote from the camera cost is $499.00. Sue informed the board that most county offices typically charge $11.00 to $13.00 per customer photo.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hasbargen and carried unanimously to approve the purchase of a Sony UPX-C200 digital printing system for the purpose of taking passport photos in the amount of $499.00 from the revenue fund.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hasbargen and carried unanimously to approve the fee for taking and printing a passport photo at $10.00, to be deposited in the County Recorders Charges for Services fund.

Recess

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

COUNTY ATTORNEY

County Attorney, James Austad met with the board and informed the board that the Lake of the Woods Coalition if filing for a 501c3 status and cannot use Coalition dollars for the filling of the status.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Arnesen and carried unanimously to appropriate $800.00 from the unallocated account for the Lake of the Woods Coalition 501c3 status.

PUBLIC WORKS

Public Works Director, Tim Erickson and Public Works Directors Assistant Boyd Johnson met with the board to discuss the Road Inventory and discuss Forest Roads, Designating Roads and Road Orders. The board set June 5 at 8:00 a.m. for a Work Session to review Road Inventory.

ROAD TOUR

Chairman Nordlof discussed possible dates to go on their annual road tour. After discussion, the board set October 3 at 7:30 a.m. to go on a County Tour.

LAND AND WATER PLANNING

Land and Water Planning Director met with the board to discuss potential sites for state Land Sale.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the seventeen (17) Potential Sites listed on the spreadsheet for the State Land Sale.

Williams Creek Update

The board discussed the Legislatures passing of the wetland act, re-verting the act back to the original act that was passed in the 1990’s and the options that are available to pursue. Josh presented a letter addressed to Governor Dayton on the wetland act.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Arnesen and carried unanimously to authorize Chairman Nordlof to sign the letter to Governor Dayton on the Wetland Act.

LAND EXCHAGE

The board discussed the possible lands that the county maybe interested in exchanging with the State. The board will set a work session at the next meeting to discuss the possible lands.

AIRPORT UPDATE

Commissioner Waibel and Hasbargen updated the board on the possible construction of a hangar at the airport and cost and leasing options.

RECESS

With no further business before the board, Chairman Nordlof called the meeting to recess at 12:10 p.m.

Attest:                                                                                      June 13, 2017

___________________________________              _____________________________________

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

May, 2016

Commissioner Proceedings

May 24, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 24, 2016 at Lake of the Woods County Government Center in the Commissioners Room.

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 Thomas Hanson, Ed Arnesen, Patty Beckel, and Ken Moorman. Absent, Buck Nordlof.  Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor /Treasurer Janet Rudd, County Attorney, James Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the agenda with the following additions: AMC District Meeting.

Approval of Consent Agenda- none 

Approval of Minutes

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the official and summarized minutes of May 10, 2016.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the following claims against the county: Commissioners Warrants:7,686.88; Commissioners Warrants:10,238.02.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the claims against the county as follows: Revenue $ 65,012.47, Road & Bridge $20,014.63.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/24/2016 For Payment 5/27/2016

Vendor Name                                                    Amount

Burg Electronic Recovery                                                   16,441.60

Contech Engineered Solutions LLC                                  14,318.80

Hasler                                                                                      6,000.00

Marvin Home Center                                                              3,702.64

MN Dept of Employment & Economic Develop                 6,232.00

NetWork Center Communications                                       5,600.00

North East Technical Service,Inc                                        4,691.50

Northwest Community Action, Inc                                       2,354.00

Rinke-Noonan                                                                       6,447.50

43  Payments less than 2000   19,239.06

Final Total:   85,027.10

Further moved to authorize the payment of the following auditor warrants: May 11, $ 269,170.78, May 11, $128,473.01, May 18, $51,349.10.    

Liquor License

County Auditor/Treasurer, Lorene Hanson met with the board and presented the 2016 Liquor License, Cigarette License and 3.2 Malt liquor License to the board for their approval.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously, with Commissioner Arnesen abstaining to approve the following 2016 On/Off Sale and Sunday Liquor License; On-Sale Sunday Liquor License; Off-Sale Only, Cigarette Licenses and 3.2 on and Off Sale Malt Liquor License as permitted by County Sheriff, Gary Fish and County Attorney, James Austad:

 On/Off Sale and Sunday Liquor License:

Adrian’s Resort, DACH -Angle Inn Lodge, Ballard’s Resort, Borderview Lodge, Jerry’s Restaurant and Lounge,  Morris Point Lakeview Lodge, PCE-Riverbend Resort, Rock Harbor Lodge, J&L Hennum-Sportsman’s Lodge, MAWRLT Inc.-Wigwam Resort, Zippel Bay Resort, Sportsman’s Oak Island Lodge; Bugsy’s on Bostic, Sunset Lodge;

On-Sale and Sunday Liquor License:

First Ice Enterprises-Cyrus Resort, Flag Island, Bar and Grill, Ken-Mar-Ke Resort,  Wheelers Point Resort, Bathel Enterprises- Slims Resort;

Off-Sale Only:

Log Cabin Liquors Inc

Wash N Go

Cigarette License:

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

 3.2 On-Sale Malt Liquor:

Long Point Resort, Ships Wheel;

3.2 Off-Sale Malt Liquor:

Angle Outpost, Bay Store, Cyrus Resort, Border Bait, Long Point Resort, Rock Harbor Lodge, Log Cabin Bait,

Secretary of State- Election Division

County Auditor/Treasurer, Lorene Hanson met with the board and presented a Joint Powers Agreement to the board from the Secretary of State- Election Division to engage in assistance as deemed necessary in election recount services.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the State of Minnesota Joint Powers Agreement between the office of the Secretary of State and Lake of the Woods County Auditor/Treasurer to engage in assistance as deemed necessary in election recount services effective November 1, 2016 thru December 31, 2016 and authorize County Auditor/Treasurer to sign.

Grant-In-Aid Trail Permit

County Auditor/Treasurer, Lorene Hanson met with the board requesting authorization to sign the Grant-In- Aid Trail Permit with the State of Minnesota, DNR Division and Lake of the Woods County for the use of county owned land for State Trail System expiring June 30, 2024.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to authorize County Auditor/Treasurer, Lorene Hanson to sign the Grant-In-Aid Trail Permit for State Trail System expiring June 30, 2024.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval for the 2015 Operation Stonegarden Grant No. A-OPSG-2015-LOTW-CO-005 in the amount of $62,143.00 and approval to purchase a squad car.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the 2015 Stonegarden grant in the amount of $62,143.00 and authorize Sheriff Gary Fish and Chairman Moorman to sign.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the purchase of a squad car in the amount of $28,240.57 and Sheriff equipment $9,208 with a total of $37,448.57 with $24,692.00 from the 2015 Stonegarden Grant and the remainder from the Sheriff’s budget.

Post Board  Peace Officers Standards and Training

Chairman Moorman, on behalf of the County board congratulated Sheriff Gary Fish on the review for compliance of mandated employee training and department policies which his office passed.

COUNTY SURVEYOR

County Surveyor, Donn Rasmussen met with the board to discuss the Kelly Creek Road Vacation and the need for surveying the private driveway, locating utilities, and proposed width of the private driveway. Donn informed the board that he should have this all accomplished by the June 28, 2016 board meeting.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve up to $2,500 from the County Development account for the surveying work that will be completed by Donn Rasmussen for the Kelly Creek Road.

Motion

Motion was made by Commissioner Arnesen seconded by Commissioner Beckel and carried unanimously to rescind the motion made on May 10, 2016 board meeting for Kelly Creek road vacation and reset the Kelly Creek Road  vacation Public Hearing  to June 28, 2016 at 11:00 a.m.

 RECESS

The meeting was called to recess at 9:50 a.m. and reconvened at 10:00 a.m. 

LAND AND WATER PLANNING

Consideration of Conditional Use Permit Requests

Applicant #16-02CU by S&M Resorts LLC

Land and Water Planning Director, Josh Stromlund met with the board and presented a conditional use permit for   S&M Resorts LLC- Mike and Sheila Mayer: the South 180 feet of the North 2060 feet of the W ½ NE1/4 of Section 28, Township 162 North, Range 32 West, (Wheeler), Lake of the Woods County, Minnesota, EXCEPT that part thereof lying westerly of a described line- Parcel Number 19.28.13.030. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance, to allow the applicant to conduct a commercial business consisting of fish house rental storage in a Rural Residential District. Letters from Land Owners were acknowledged. Josh informed the board that the Planning Commission approved this permit with conditions.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the following Conditional Use Permit with conditions:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  S & M Resorts, LLC (Mike and Sheila Mayer)                Date:  May 4, 2016

Location/Legal Description:  The S 180’ of the N 2060’ of the W ½ of the NE ¼, less deeded in Section 28,     T. 162N, R. 32W (Wheeler), Parcel Number 19.28.13.040.

Project Proposal:  To allow the applicant to conduct a commercial business consisting of fish house storage in a Rural Residential District.

  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?  Resort, tourist, fish house rental area.

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

YES (  )  NO (  ) N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?  YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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?  With conditions.

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  See conditions.

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

Why or why not?  No signage.

17.  If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (X)  NO (  )  N/A (  )

Why or why not?  No customers on lot. No parking necessary.

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. 

The specific conditions of approval are as follows:

  1. A visual barrier must be established and maintained on three (3) sides (North, South and West) of the storage area with a live vegetative barrier not less than five (5) feet high and spaced no further apart than eight (8) feet. This vegetative barrier is to be planted in a double row and staggered to provide maximum visual screening. Planting of said vegetative barrier is to be conducted no later than December 31, 2016.
  2. If live vegetation is unable to grow due to wet conditions, an eight (8) foot high fence may be constructed.
  3. Storage area is to be located on the Easterly four-hundred (400) feet of the described property.
  4. Damage caused by business activities, and/or general maintenance of the private road, shall be the responsibility of the landowner.
  5. No occupation is allowed of said fish houses.
  6. Off-season storage of business related equipment must be stored out of sight, either inside a structure or within the fish house storage area.
  7. No more than 40 fish houses to be stored within the storage area.
  8. The Lake of the Woods County Board of Commissioner’s may review and/or amend the conditions placed upon approval within one (1) year of the date of approval.

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

                                                                                    _____________________________________

                                                                                                            Kenneth Moorman

                                                                                                        Chair, County Board

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

Application #16-03-CU by Twin Island Sleepers

Land and Water Planning Director, Josh Stromlund met with the board and presented a conditional use permit for Rodney Thompson: Twin Island Sleepers (Rodney Thompson) Location/Legal Description:  Access – A 2.25 acre tract in Gov’t Lot 4 of Section 6, T. 163N, R. 33W (Prosper), Parcel Number 16.06.13.030. (Landowner is Duane Thompson). Storage – The West 99’ of the West 264’ of the East 792’ of the NE ¼ SW ¼ of Section 6, T. 163N, R. 33W (Prosper), Parcel Number 16.06.31.031. (Landowner is Rodney Thompson).  To allow the applicant to conduct a commercial business consisting of an office to sell bait and tackle and provide a lake access to rent out day and sleeper fish houses in a Residential District. Also, to allow the applicant to conduct a commercial business consisting of rental fish house storage in a Rural Residential District.  Letters from Land Owners were acknowledged that were received prior to meeting. Josh informed the board that the Planning Commission approved this permit with conditions.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel to approve the following Condition Use Permit with conditions. Voting for: Commissioners Arnesen, Beckel, and Moorman. Voting against: Commissioner Hanson.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Twin Island Sleepers (Rodney Thompson)                     Date:  May 24, 2016

Location/Legal Description:  Access – A 2.25 acre tract in Gov’t Lot 4 of Section 6, T. 163N, R. 33W (Prosper), Parcel Number 16.06.13.030. (Landowner is Duane Thompson).

                                               Storage – The West 99’ of the West 264’ of the East 792’ of the NE ¼ SW ¼ of Section 6, T. 163N, R. 33W (Prosper), Parcel Number 16.06.31.031. (Landowner is Rodney Thompson).

Project Proposal:  To allow the applicant to conduct a commercial business consisting of an office to sell bait and tackle and provide a lake access to rent out day and sleeper fish houses in a Residential District. Also, to allow the applicant to conduct a commercial business consisting of rental fish house storage in a Rural Residential District.

  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?  In proximity of Commercial Zoned property which has a resort business.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Minor alteration for access to lake.

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

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?  YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  County road up to site.

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

Why or why not?  In close proximity with Commercial Zoned 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?  Will provide access to lake for clients.

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

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

Why or why not?  MPCA requires that notification and permits is above/below ground tanks are 500 gallons or more. Currently, a 300 gallon above ground fuel tank is utilized.

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?  Fish house storage must be buffered from sight by vegetative cover.

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

Why or why not?  One (1) sign at storage area and one (1) at lake access. Neither to exceed four (4) feet by six (6) feet.

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?   YES (X)  NO (  )  N/A (  )

Why or why not?  Parking at access or storage only.

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. 

The specific conditions of approval are as follows:

  1. One (1) sign is allowed at each location, storage and access areas. Signs may not exceed four (4) feet by six (6) feet.
  2. If an above ground or below ground storage tank for fuel reaches the thresholds for MPCA notification or requires a permit, applicant must meet the requirement of the MPCA.
  3. The fuel tank, either above ground or below ground, must be of double walled construction.
  4. Lake access will be limited to customers renting fish houses from Twin Island Sleepers only. Access is not open to the public.
  5. No occupation of fish houses is allowed once on the land.
  6. Fish house storage must be buffered by vegetative cover, out of normal view from county road.
  7. Maximum number of fish houses will be set at 25.
  8. Business operation is allowed between December 1 to March 31, which includes the fish houses and the bait/tackle shop.
  9. Parking on the access site will be limited to fifteen (15) vehicles. Additional parking will be acceptable on the lake or up to ten (10) vehicles at the fish house storage site.
  10. The Lake of the Woods County Board of Commissioner’s may review and/or amend the conditions placed upon approval within one (1) year of the date of approval.

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

                                                                                    _____________________________________

                                                                                                            Kenneth Moorman

                                                                                                        Chair, County Board

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

Application #16-04-CU by George Swentik

Land and Water Planning Director, Josh Stromlund met with the board and presented a conditional use permit for George Swentik:  Lot 4, Block 1 of Y-Not Jochim’s Retreat Subdivision in Section 20, T. 161N, R. 31W (Baudette). Parcel Number 24.61.01.040.   To allow the applicant to move more than ten cubic yards of material in the shoreland of the Winter Road River for the purpose of a private access in a Residential District. Comments were heard from the public. Josh informed the board that the Planning Commission approved this permit with condition.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the Conditional Use Permit with conditions:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: George Swentik Date: May 24, 2016

Location/Legal Description: Lot 4, Block 1 of Y-Not Jochim’s Retreat Subdivision in Section 20, T. 161N, R. 31W (Baudette). Parcel Number 24.61.01.040.

Project Proposal: To allow the applicant to move more than ten cubic yards of material in the shoreland of the Winter Road River for the purpose of a private access in a Residential District.

  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? Residential access.

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

     YES ( ) NO ( ) N/A (X)

Why or why not? ______________________________________________________

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? Applicant will address with vegetative growth and straw.

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? Addressed in proposal.

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

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?                      YES (X) NO ( ) N/A ( )

Why or why not? Will use vegetation and straw to prevent erosion.

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? Residential.

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 access.

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? Private use only.

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? ______________________________________________________

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.

The specific conditions of approval are as follows:

  1. Personal use only and storage of personal equipment.

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

_____________________________________

Kenneth Moorman

Chair, County Board

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

Application #16-05-CU by George Swentik

Land and Water Planning Director, Josh Stromlund met with the board and presented a conditional use permit for Scott Pahlen: Lot 12, Block 1 of the Sandy Shores Subdivision in Section 21, T. 163N, R. 33W (Prosper). Parcel Number 16.55.01.120 Project Proposal: To allow the applicant to move more than ten cubic yards of material in the shoreland of Lake of the Woods for the purpose of a shore stabilization project in a Residential District. No comments were heard or letters received. Josh informed the board that the Planning Commission approved this permit with condition.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the Conditional use Permit with condition:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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? Residential shoreland stabilization.

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

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

Why or why not? ______________________________________________________

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? Shoreland stabilization.

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? It will address shoreline issues.

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? Addresses high water and shoreland erosion.

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? See #5 above.

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? Residential.

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

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

Why or why not? Shoreland stabilization.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?      YES ( ) NO ( ) N/A (X)

Why or why not? ______________________________________________________

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.

The specific conditions of approval are as follows:

  1. Completion of project by December 31, 2016.

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

___________________________________

Kenneth Moorman

           Chair, County Board

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

One Watershed, One Plan

Land and Water Planning Director, Josh Stromlund met with the board and presented a resolution of One Watershed, One Plan which is to help align local water planning on major watershed boundaries with state strategies towards prioritized, targeted, and measurable implementation plans.

The following resolution was offered by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to adopt the following:

                                                            RESOLUTION 2016-05-02

Resolution to support a Lake of the Woods Watershed

One Watershed, One Plan project.

WHEREAS, the Minnesota Board of Soil and Water Resources has developed policies for coordination and development of comprehensive watershed management plans, also known as One Watershed, One Plan, consistent with Minnesota Statutes, Chapter 103B.801, Comprehensive Watershed Management Planning Program; and

WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water Management Act, authorizes Minnesota Counties to develop and implement a local water management plan; and

WHEREAS, Minnesota Statutes, Chapter 103D.401, Watershed Management Plan, authorizes Minnesota Watershed Districts to develop and implement a watershed management plan; and

WHEREAS, Minnesota Statutes, Chapter 103C.331, subdivision 11, Comprehensive Plan, authorizes Minnesota Soil and Water Conservation Districts to develop and implement a comprehensive plan; and

WHEREAS, the counties, soil and water conservation districts, and watershed districts within the Lake of the Woods Watershed (#51) as delineated in the attached One Watershed, One Plan Suggested Boundary Map, have interest in developing a comprehensive watershed management plan for this area.

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County recognizes and supports watershed-scale planning efforts consistent with Minnesota Statutes, Chapter 103B.801, also known as One Watershed, One Plan; and

BE IT FURTHER RESOLVED that Lake of the Woods County welcomes the opportunity to collaborate with the counties, soil and water conservation districts, and watershed districts within the Lake of the Woods Watershed for watershed-scale planning efforts in the future; and

BE IT FURTHER RESOLVED that Lake of the Woods County supports an application to the Board of Water and Soil Resources for a planning grant to develop a comprehensive watershed management plan and anticipates entering into a Memorandum of Agreement with the counties, soil and water conservation districts, and watershed districts within the Lake of the Woods Watershed, to collaborate on this effort, pending selection as a recipient of a planning grant.

ZIPPEL BAY LETTER

Land and Water Planning Director, Josh Stromlund presented a letter to the board for approval to send a letter to the State of MN requesting  them to dredge Zippel Bay.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the letter for the proposed Zippel Bay Dredging and authorize Chairman Moorman to sign.

ATV ORDINANCE

The board discussed reviewing the county’s ATV Ordinance.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to set a Public Hearing to revisit the ATV Ordinance for June 28, 2016.

CORRESPONDENCE/COMMITTEE UPDATES

The board reviewed the following: Scott Kern Letter, North Star Electric Cooperative Open House.

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 11:39 a.m.

Attest:                                                                                     Approved: June 14, 2016

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Ken MoormanCounty Auditor/Treasurer

May, 2015

Commissioner Proceedings

May 12, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 12, 2015, in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Arnesen called the meeting to order at 9:05 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Ed Arnesen, Buck Nordlof, Ken Moorman, absent Patty Beckel.  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: Deputy Auditor/Treasurers position, land exchange, power line, veteran’s resolution, and remove wellness committee.

Approval of Consent Agenda

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the consent agenda, travel for;   Tim Erickson to District II and District IV Spring Screening Board meeting on May 20th & 21st, 2015, in Park Rapids, MN; Steve Sindelir, Minnesota Association of County Ag Inspectors (MACAI) Annual Conference July 12-15, Ottertail

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Moorman and carried unanimously to approve the official and summarized minutes of April 28, 2015.

COUNTY FAIR

Brenda Rone, Nicole Hancock, Alicia Walton and David Antonson meet with the board to discuss the finances and cost associated with the County Fair. They requested a contribution of $25,000 per year vs $15,000 for the Carnival. The board informed them that this would be placed on the Budget sessions for consideration.

Social Services

Claims

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

Motion

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

                                                Commissioners’ Warrants          $ 12,512.60

                                                Commissioners’ Warrants          $ 10,897.00

Power line

Chairman Arnesen discussed the May 5, 2015 meeting that the Great Northern Transmission Line presented. The board requested that they would like to meet with the Great Northern Transmission Line  as early as possible.

Claims

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

Motion

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

                                           Revenue                              $    29,545.40            

                                                Road & Bridge                    $    32,019.77

                                                Co. Develop                        $          200.00

                                                Solid Waste                         $     19,799.46

                                                EDA                                    $          363.73

                                                Taxes & Penalties               $          114.00

WARRANTS FOR PUBLICATION

Warrants Approved On 5/12/2015 For Payment 5/15/2015

Vendor Name                                     Amount

American Solutions For Business                                 2,506.48

Cenex Co-Op Services, Inc.                                                          6,513.94

Computer Professionals Unlimited Inc                                         3,311.00

LOW County Treasurer                                                   8,730.22

LOW Highway Dept                                                        3,077.50

M-R Sign Co, Inc                                                           31,682.03

Mar-Kit Landfill                                                                9,650.25

Olson/Emil A                                                                    3,872.07

Ravndalen/Milo & Karleen J & Cora I                            4,541.52

Rinke-Noonan                                                                 9,489.30

Woody’s Service                                                             2,491.88

  80 Payments less than $2000                                     29,276.22

                Final Total:                                                $ 115,142.41

Deputy Auditor/Treasures Positon

The board discussed the Auditor/Treasurer vacant position with County Auditor/Treasurer.

RECESS

The meeting was called to recess at 10:05 a.m. and reconvened at 10:08 a.m. as follows:

SHORT ELLIOT HENDRICKSON

Benita L. Crow, PE  |  Principal, Shane Macman, from S E H, Kathy Vesely and Julie Carr from MnDot, Jim Hanson, Bob Lessard, Kirk Hener and Bryon Budds met with the board to discuss Phase III Phase 3 Feasibility Study for the proposed airport in the NW Angle.  This phase of the feasibility study included preliminary engineering (topographic survey, wetland mitigation, and geotechnical borings). The board requested that S E H meet with them on June 16 at the NWA County Board meeting.

RECESS

The meeting was called to recess at 11:40 a.m. and reconvened at 11:45 a.m. as follows

YEARS OF SERVICE

Chairman Arnesen thanked Darren Olson for his helpful service to Lake of the Woods County Residents.

Resolution

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

Recognition of years of service

Darren Olson

Resolution 2015 – 05– 01

Whereas:  Darren Olson has served the residents of Lake of the Woods County since December 27, 1999 as Deputy Auditor/Treasurer;

Whereas:  Darren has resigned from Lake of the Woods County service effective May 14, 2015 with fifteen years of service;

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

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

 EMERGENCY MANGEMENT

Armer Radio System Participation Plan

Rey Freeman, Communication Consulting met with the board and reviewed the Lake of the Woods County Armer Radio System Participation Plan. Rey Freeman assured  the board that there is no cost for maintenance or use of the Armer Radio system that the county will occur

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the Lake of the Woods Armer Radio System Participation Plan as presented.

Region Three Homeland Security and Emergency Management Joint Powers Agreement

Emergency Management Director, Jill Olson met with the board requesting authorization to approve the Region Three Homeland Security and Emergency Management Joint Powers Board Mutual Aid Agreement.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordolof and carried unanimously to approve the Region Three Homeland Security and Emergency Management Joint Powers Board Mutual Aid Agreement and authorize Chairman Arnesen and Emergency Management Director, Jill Olson to sign.

Firewise Community Mitigation Grants

Emergency Management Director, Jill Olson met with the board inquiring if the board would like her to move forward with securing grant money for the Firewise Community Mitigation Plan. The board authorized Jill to move ahead on grant funding.

SHERIFF

County Sheriff, Gary Fish met with the board requesting authorization to purchase additional cameras for the Jail.

Motion

Motion was made by Commissioner Hanson seconded by Commissioner Nordlof and carried unanimously to authorize County Sheriff, Gary Fish to purchase cameras/equipment with funding up to 1,500.

Permanent Part-time Deputy Sheriff

County Sheriff, Gary Fish met with the board requesting a step increase for Permanent Part-time Deputy Sheriff.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Moorman and carried unanimously to approve a step increase for Permanent Part-time Deputy Sheriff, Russell Platz from step 2 to step 3, 20.35, and effective May 24, 2015.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board for his re-appointment as County Engineer.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Moorman, and carried unanimously to re-appoint Tim Erickson as County Engineer for four year term effective May 1, 2015.

Brush Trailer

Public Works Director, Tim Erickson discussed the “Brush Trailer” that is located at the county’s storage shed and the abuse of garbage that is thrown in the trailer. The board wants this “Brush” trailer to continue until the City of Baudette sets up a program for yard waste; but if garbage continues to be placed in the “Brush” trailer by the residents, the trailer will be discontinued.

RECESS

The meeting was called to recess at 1:10 and reconvened at 2:00 p.m. as follows:

Commissioner Hanson excused himself from the afternoon meeting.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board requesting approval to purchase a truck for his department.

Motion

Motion was made by Commissioner Norldof, seconded by Commissioner Moorman and carried unanimously to authorize Land and Water Planning Director, Josh Stromlund to purchase a 2015 GM Crew Cab up to $30,000 as budgeted.

WETLANDS MITIGATION FUNDING

Land and Water Planning Director, Josh Stromlund met with the board requesting $20,000 additional funding for Wetland Mitigation and discussed looking for alternate wetland sites. The consensus of the board was for Josh to search for sites.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to transfer $20,000 from the Environmental Enhancement Fund to the Wetland Mitigation fund.

NO NET LOSS POICY

The board discussed the County’s No-Net-Loss policy and requested that this be placed on the next board agenda for review.

VETERANS SERVICE SUPPORT

Chairman Arnesen presented a resolution in support for the MN Department of Veterans Affairs Budget.

Resolution

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

Resolution No. 15-05-02

WHEREAS, Lake of the Woods County Board of Commissioners has and continues to support services for the United States Veterans; and

WHEREAS, Lake of the Woods County recognizes that numerous services for veterans are delivered through the Minnesota Department of Veterans Affairs; and

WHEREAS, Lake of the Woods County Board is aware of a potential legislatively budgeted shortfall for the Minnesota Department of Veterans Affairs;

THEREFORE,BE IT RESOLVED that the Lake of the Woods County Board supports funding for MDVA to a level that supports current staffing level, allows for cost of living adjustments to staff where appropriate, and provides for maintenance and procurement of facilities and equipment  where and when appropriate, and;

BE IT FURTHER RESOLVED that the Lake of the Woods County Board of Commissioners hereby expresses strong support for appropriate funding to keep all Veterans Homes at full current housing capacity, in addition to planning for increased housing capacity in the near future.

YES                  NO       Absent

Beckel                                                 x

Arnesen           x

Hanson                                                x

Nordlof           x

Moorman         x

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

CORRESPONDENCE:

Baudette Depot- Historic Transportation and Settlement Exhibit May 23, at 1:00 p.m.

COMMITTEE REPORTS

Commissioner Arnesen – AIS plan is developed and will bring information to the board for approval.

Recess

With no further business before the board, Chairman Arnesen called the meeting to recess at 3:05 p.m.

Attest:                                                                                     Approved: May 26, 2015

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Edward Arnesen

County Auditor/Treasurer      

Commissioner Proceedings

Special County Board Meeting

May 20, 2015

The Lake of the Woods County Board of Commissioners met in special session on May 20, 2015, in the Commissioners’ Room at the Lake of the Woods County Government Center.

Call to Order

Chairman Arnesen called the meeting to order at 8:00 a.m.  The following members were present:  Commissioners Ed Arnesen, Patty Beckel, Tom Hanson, Ken Moorman and Buck Nordlof.  Also present were: Social Service Director Nancy Wendler.

The board reviewed the applicant’s applications and interview process for Social Service Director.

Interviews:

1st Applicant:

Chairman Arnesen welcomed Christine Hultman to the interview.  Social Service Director, Nancy Wendler proceeded with the interviewing questions. 

Interviews:

2nd Applicant:

Chairman Arnesen welcomed Amy Ballard to the interview.  Social Service Director, Nancy Wendler proceeded with the interviewing questions. 

Interviews:

3rd Applicant:

Chairman Arnesen welcomed Angela Eason to the interview.  Social Service Director, Nancy Wendler proceeded with the interviewing questions. 

Job Applicants Review

Chairman Arnesen discussed the interviews and the Commissioners scored the applicants.

Recess

There being no further business before the County Board, Chairman Arnesen called the meeting to recess at 11:15 a.m.

Attest:                                                             Approved:  June 9, 2015

______________________________            ___________________________________

Vice-Chairman Ken Moorman                        Chairman Edward Arnesen

Commissioner Proceedings

Special County Board Meeting

May 27, 2015

The Lake of the Woods County Board of Commissioners met in special session on May 27, 2015, in the Commissioners’ Room at the Lake of the Woods County Government Center.

Call to Order

Chairman Arnesen called the meeting to order at 8:00 a.m.  The following members were present:  Commissioners Ed Arnesen, Patty Beckel, Tom Hanson, Ken Moorman and Buck Nordlof.  Also present were: Social Service Director Nancy Wendler and Human Resource Director, Karen Ose.

The board reviewed the applicant’s applications and interview process for Social Service Director.

Interviews:

1st Applicant:

Chairman Arnesen welcomed Russell Rowenhorst to the interview.  Social Service Director, Nancy Wendler proceeded with the interviewing questions. 

Interviews:

2nd Applicant:

Chairman Arnesen welcomed Amy Loch to the interview.  Social Service Director, Nancy Wendler proceeded with the interviewing questions. 

Interviews:

3rd Applicant:

Chairman Arnesen welcomed Christopher Pieper to the interview.  Social Service Director, Nancy Wendler proceeded with the interviewing questions. 

Job Applicants Review

Chairman Arnesen discussed the interviews and the Commissioners scored the applicants.

Recess

There being no further business before the County Board, Chairman Arnesen called the meeting to recess at 11:30 a.m.

Attest:                                                             Approved:  June 9, 2015

______________________________            ___________________________________

Human Resource Director, Karen Ose           Chairman Edward Arnesen

Commissioner Proceedings

May 26, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 26, 2015, in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Arnesen called the meeting to order at 9:05 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Ed Arnesen, Buck Nordlof, Ken Moorman, Patty Beckel and Tom Hanson.  Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor /Treasurer Janet Rudd and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to approve the agenda with the following additions: Change letter of resignation to request for medical leave, personnel committee recommendations for job descriptions and grade level change and bush trailer.

Approval of Consent Agenda

None

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Norldof and carried unanimously to approve the official and summarized minutes of May 12, 2015.

auditor/treasurer

Claims

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

Motion

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

                                           Revenue                              $  84,669.42        

                                                Road & Bridge                    $   5,524.74

                                                Co. Develop                        $ 15,550.00    

                                                Solid Waste                         $   2,598.59  

                                                EDA                                    $   3,405.50 

                                                Taxes & Penalties               $        58.21

WARRANTS FOR PUBLICATION

Warrants Approved On 5/26/2015 For Payment 5/29/2015

Vendor Name                                     Amount

Hasler                                                                               4,000.00

M-R Sign Co, Inc                                                           15,550.00

MN Dept of Employment & Economic Develop                 5,000.00

North East Technical Service,Inc                                  2,312.50

Northern Light Region                                                   2,179.14

Northwest Community Action, Inc                                 2,893.00

Rtvision Inc                                                                     2,060.00

Short Elliott Hendrickson, Inc                                                     58,300.00

  54 Payments less than $2000                                     19,511.82

                Final Total:                                                $ 111,806.46

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

                                                May 14, 2015                  $   86,858.26

May 19, 2015                   $   86,212.30

 Liquor License

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for the Liquor license and Cigarette license for 2015.

Motion

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

On/Off Sale and Sunday Liquor License:

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

On-Sale and Sunday Liquor License:

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

Off-Sale Only:

Log Cabin Liquors Inc;

Cigarette License:

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

 3.2 On-Sale Malt Liquor:

Long Point Resort, Ships Wheel and Oak Island Resort;

3.2 Off-Sale Malt Liquor:

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

 Set-Up License:

Ships Wheel Resort.

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

Social Services

Claims

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

Motion

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

                                                Commissioners’ Warrants          $  8,867.40

                                                Commissioners’ Warrants          $24,330.16

YEARS OF SERVICE

Chairman Arnesen on behalf of the board thanked Social Service Director, Nancy Wendler on all she has done and accomplished in her years of service for Lake of the Woods County.

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

Recognition of years of service

Nancy Wendler

Resolution 2015 – 05– 03

Whereas:  Nancy Wendler has served the residents of Lake of the Woods County since March 19, 1984;

Whereas:  Nancy is retiring from Lake of the Woods County service effective May 29, 2015 with thirty–one years of service;

Now Therefore, Be it Resolved:  That Lake of the Woods County Board of Commissioners extends its deepest appreciation to Nancy for her dedicated service and  wishes her well on her retirement;

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

CORRESPONDENCE/COMMITTEE REPORTS:

Northwest Community Action- Open House June 19; 2001 Diamond Transit Bus; NWCA- score grant plan.

Recess

The meeting was called to recess at 9:40 a.m. and reconvened at 9:48 a.m. as follows:

county surveyor

County Surveyor, Donn Rasmussen met with the board requesting approval for a Surveyor’s Certificate of own plat errors; corrections pursuant to MN Statutes, Section 505.174. Donn informed the board that when Surveyor J.S. Gjelhaug created this plat there was an error which needs to be corrected on the Wigwam Boulevard section of the plat. The board reviewed the corrected plat information with Donn.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Moorman and carried unanimously to approve the Certificate of Plat Correction and authorize County Auditor/Treasurer, Lorene Hanson and Chairman Arnesen to sign the following:

Pursuant to the provisions of Minnesota Statues, Chapter 505.175, I, Donn R. Rasmussen, a duly Licensed Land Surveyor in and for the state of Minnesota Declares as follows:

  1. That the plat of WHEELER’S POINT dated August 23, 1922 and filed on December 6, 1922 in the Office of the County Recorder, Beltrami County, Minnesota, as Document No. 103906 and refiled on December 24, 1925 in the Office of the County Recorder, Lake of the Woods County, Minnesota, as Document Number 4128, was prepared by J.A. Gjelhaug who is not now available for the following reason; Deceased.
  2. That said plat contains errors, omissions, or defects described in particular as follows: The dimension across Wigwam Boulevard along the southwesterly extension of the southeasterly line of River Drive, shown on the plat as “39.93, is in error.
  3. That said plat is hereby corrected in particular as follows:

Wigwam Boulevard is designated on the plat as being 33 feet wide. The correct dimension, as mathematically calculated based on the angle between Wigwam Boulevard and River Drive as shown on the plat, is 34.93

I hereby certify that this Surveyor’s Certificate of Plat Correction was prepared by me or under my direct supervision and that I am a dully Licensed Surveyor under the laws of the State of Minnesota.

Don R. Rasmussen Licensed Land Surveyor, MN License No. 16102, April 23, 2015.

WELLNESS COMMITTEE

Angie Eason, Steve Sindelir and Curt Nuss met with the board to discuss the Profile by Sanford, which is a weight management program designed by Sanford Health physicians and scientists, as a Simple, Effective & Sustainable solution for weight loss. Angie informed the board that if Lake of the Woods County signs the participation Profile by Sanford, employees receive discounted prices for this program.  The consensus of the board was that they supported this program and authorized Chairman Arnesen, County Auditor/Treasurer, Lorene Hanson and Wellness Committee Chair, Angie Eason to sign. The committee also discussed a possibility to have an Employee Garden behind the Public Works Department. The board concurred that the committee could go forward with the Employee Garden; also discussed a bike rack to be set up outside thru the Wellness Committee, the board gave consensus that it would be acceptable for the Wellness Committee to place a bike rack on county grounds.

 LAND AND WATER PLANNING

Conditional Use- J&L Hennum, Inc.

Land and Water Planning Director, Josh Stromlund presented an application for Conditional Use Permit for J&L Hennum, Inc.  to allow a commercial business consisting of off-season storage of ice fishing house rental units in a Low Density Residential District and informed the board that the Planning Commission reviewed the application and recommends for approval.

Motion

Motion was made by Commissioner Nordlof, Seconded by Commissioner Beckel and carried unanimously to approve the Conditional with conditions.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  J and L Hennum, Inc. (Gregg Hennum)                          Date:  May 26, 2015

Location/Legal Description:  Lots 15 and 16 Block 1, Birch Acres subdivision (s. 24, T. 162N, R. 32W)

Project Proposal:          A commercial business consisting of off-season storage of ice fishing house rental units in a Low Density Residential District.

  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?  Resort area.

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

YES (  )  NO (  ) N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Yes, but barriers will be considered.

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not?  Doesn’t change.

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

Why or why not?  Commercial activity in residential area and visual buffer establishment is required for compatibility.

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                                                                                                           

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

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?

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

Why or why not?  See conditions.

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?                                                                                                                         

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

Why or why not? ______________________________________________________

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

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

Why or why not?  No increase.

The specific conditions of approval are as follows:

  1. Either eight (8) foot spruce trees or a fence shall be planted/constructed to provide a visual buffer on west side parallel to existing road (trail) access to shop so fish houses are not visible from Fishery Road.
  2. Must observe ten (10) foot setback from property lines for storage of fish houses.
  3. Planting/construction of visual buffer to be completed within six (6) months from date of approval.

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  (  )

                                                                                    _____________________________________

                                                                                                            Edward Arnesen

                                                                                                        Chair, County Board

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

DITCH MAINTENANCE

The following were present to discuss Ditch Maintenance with the board; Jim Heins, Joe Grund, Don Smith, Terry Waibel, Jon Waibel, Mel Mollberg, George Swentik, Vern Horntvedt, David Marhula, Gary Bailey, Greg Cole, Steve Ellis, and Mike Reed. Individuals discussed their concerns of the conditions of the ditches, outlets not being cleaned, and outlets on private property that are blocked and beaver bounty. They discussed a ditch plan, cost share program for cleaning ditches, and communication difficulties with Public Works officials. The board discussed contacting Rinke-Noonan Law Firm, County Ditch Attorney for legal advice on cleaning ditches.

HUMAN RESOURCES

Medical Leave Request

Human Resource Director, Karen Ose met with the board to discuss her medical leave request. The consensus of the board was to honor Karen’s medical leave request as needed.

Department Heads Evaluations

Karen informed the board that she is half way through department head evaluation format.

Job Classifications

Human Resource Director, Karen Ose and Social Service Director, Nancy Wendler met with the board to discuss MN Merit System and job classification changes and adjustments.

  1. Child Support Supervisor I- Rated as Child Support Officer, Grade 11, Step 4, 19.64 per hour. Based on years of service in the position, he should now be graded as Child Support Supervisor 1. The Personnel Committee feels that this position is a Job Grade 12. If promoted to this position and Grade Level, the comparable step would be between Step 1 at $19.45 and Step 2 at $19.90. The Child Support Officer position will be retained at a grade level 11.
  2. Fiscal Supervisor 1- Rated as Fiscal Officer, Grade 12, Step 4, $20.80 per hour. The Personnel Committee recommends the new Job Title of Fiscal Supervisor 1 be adopted and used in lieu of Fiscal Officer. The Fiscal Officer position will be retained at a Grade Level 12. This would be a change in Job Title Only.
  3. Financial Assistance Supervisor 1- Currently the County’s employee is rated as Lead Eligibility Worker, Grade 11, Step 9+at 21.85. The Personnel Committee recommends a new grade level of 13 for the Financial Assistance Supervisor 1 position and changing this employee accordingly. A comparable Grade 13 step would be between Step 3 at $21.56 per hour and step 4 at $22.05 per hour. The lead Eligibility Worker position would be retained at a grade level 11.

These changes be proposed keeps Lake of the Woods ranges comparable with the Minnesota Merit System.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and unanimously carried to Change the following: Craig Severs from Child Support Officer to Child Support Supervisor 1, points 282, Grade 12, Step 2 at $19.90 per hour effective June 7, 2015; Angie Eason from Lead Eligibility Worker to Financial Assistance Supervisor 1, points 295, Grade 13, Step 4 at $22.05 per hour effective June 7, 2015 ; Christine Hultman job title from Fiscal Officer to Fiscal Supervisor 1, points 282, Grade 12, step 4, 20.80 per hour effective June 7, 2015.

Brush Trailer

Public Works Director, Tim Erickson met with the board and explained that the “Brush Trailer” has not been placed yet at the county’s storage shed for they are making signs and fixing the lights and brakes.

RECESS

The meeting was called to recess at 12:35 p.m. and reconvened at 1:12 p.m. as follows:

GREAT NORTHERN TRANSMISSION LINE

Jim Atiksons, Environmental Lead with Great Northern Transmission Line met with the board to review the proposed routes for the new transmission line.  The board is not favorable to the blue route because it affects more land owners. The board prefers the orange route.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund presented and reviewed an application for Conditional Use Permit for Wheeler’s Point Sanitary District to construct a Wastewater treatment facility in a Natural Environment Area District and informed the board that the Planning Commission reviewed the application and recommends for approval. The following correspondence was acknowledge, Sherri Olson e-mail.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and unanimously carried to approve the Conditional Use Permit for Wheeler’s Point Sanitary District with conditions as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Wheeler’s Point Sanitary District                                  Date:  May 26, 2015

Location/Legal Description:  Section 33, Township 162N, Range 32W – N½, N½SW¼, N½SE¼

Project Proposal:  Construct a Wastewater Treatment Facility in a Natural Environment Area

  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?   See below and this project will address sewer/septic problems in the Wheeler’s Point area.

Lake of the Woods County Comprehensive Land Use Plan Addendum (adopted 2/22/2011)

  • Proposed area serviced by the Sanitary District has been established as a high growth corridor.
  • Due to the high quality amenities and the desire of tourists and residents to be near such fabulous natural resources as Lake of the Woods and the Rainy River, the County would like to encourage growth in a responsible way along the growth corridor.
  • The Lake of the Woods high growth corridor will offer an exceptional quality of life to existing residents, future residents, and tourists interested in taking advantage of the unique natural resources and opportunities in the County.

Lake of the Woods County Comprehensive Land Use Plan (adopted 3/28/2000)

  • High Priority Issues
    • Businesses and residents clearly felt that timber harvesting and shoreland development have had the greatest effect on the county’s natural resources over the past decade. These two are of continuing importance to the county.
    • Preserving the county’s tax base is a high priority.
    • The county should provide a balanced approach to land use planning which takes into consideration individual rights, protection from the actions of others, and protection of the natural environment.
  • Summary of Values
    • Conservation:  Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations.
    • Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.
      • Existing Development
      • There is a substantial amount of existing development along the south shore of Lake of the Woods and Rainy River. In many of these cases, there are likely septic systems that do not conform to new ISTS regulations. Furthermore, in most of these cases, alternative sewage treatment system designs will be needed to bring these housing units into compliance.
  • Conclusions:
    • New shoreland-related residential and commercial development in Lake of the Woods County is moderate in scope. There has been some steady growth in shoreland development in the last ten years, with nearly all of it being residential and resort-related. This growth has occurred on the islands, and in places such as Rocky Point, Long Point, Sandy Shores, and Wheeler’s Point.
    • Septic systems within the existing and older residential and resort-related developments along Lake of the Woods shoreland are likely nonconforming and will need alternative system design to be brought into compliance. Most of the older septic systems are nonconforming, and the traditional solutions are not appropriate for these areas because of the small lots in the area. On the other hand, these systems are likely not to provide a significant health or safety threat to area properties if the wells that are used for drinking water are deep wells that draw their water from the confined aquifer.
  • Future Land Use Plan
    • Goals
      • Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
      • Maintain tax base of the county so quality services can be provided.
      • Maintain and, where necessary, improve water quality.
    • Policies
      • Maintain the county government’s economic health through the maintenance of its tax base, and the promotion of compatible economic activity.
      • Actively manage growth to maintain the character of Lake of the Woods County, including the semi-wilderness character of the Northwest Angle and its islands.
      • Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities.
    • Future Land Use Map
      • This future land use plan map is meant to be a guide for future development patterns and a guide for future land use policy and decision–making by Lake of the Woods County.
      • Rural Development Activity – Existing and future development areas which are with one-half mile of currently developed lands, but excluding lands that are either in public ownership, classes as wetlands, or more than one mile from an existing road. Future developments may include industrial, commercial, tourism, residential or other uses as appropriate to the site characteristics and neighborhood character.
      • Strategies for:  Shoreland Development
  1. Develop a resource package (technical and possibly financial) to assist groups of property owners in older, dense lakeshore development areas to investigate joint options for upgrading septic systems.
  2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (X)  NO (  )  N/A (  )

Why or why not?   This project will eliminate the failing septic systems within the Wheeler’s Point Sanitary District area. All discharge from the proposed treatment facility will meet MPCA guidelines prior to land application occurring. This project is meant to address known sewage issues in the Wheeler’s Point area.

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?   This project will eliminate the failing septic systems within the Wheeler’s Point Sanitary District area. All discharge from the proposed treatment facility will meet MPCA guidelines prior to land application occurring.  Construction of ponds will meet MPCA standards. This project is meant to address known sewage issues in the Wheeler’s Point area.

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?   Adjacent drainage features are to be maintained and possible realignment may be needed to accommodate for center pivot irrigation. Possible construction of berms to reduce/eliminate surface runoff onto/leaving the site. The site will remain in agriculture with the exception of approximate 16 acres.

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?   The project site is not located in a 100 or 500 year floodplain and/or floodway.

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?   Possible construction of vegetative berms to reduce/eliminate surface runoff onto/leaving the site. Land under center pivot irrigation to be hayed/mowed at allowable intervals by MPCA.

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

Why or why not?   Project site is currently serviceable by two county roads on the north and east sides. Relocation of current field road access may be needed to allow access to the pond location and to adjacent agricultural field.

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

Why or why not?   The site will meet or exceed the required MPCA setback requirements. Planning Commission recommend vegetative buffer establishment. The site will remain in agriculture with the exception of approximate 16 acres.

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

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

Why or why not?   Project location is not within a shoreland area.

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

Why or why not?   The amount of treated effluent to be irrigated across the site is limited to MPCA discharge limitation based upon several conditions such as, but not limited to soil type, flow, evaporation, etc.

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?   This location will not be visible from public waters.

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

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

Why or why not?   Water supply wells and on-site sewage treatment systems have been established on properties within the vicinity of this proposed location; however, no habitable structures are to be constructed.

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?   The proposed use of property does not generate the type, uses, and number of watercraft affecting public waters.

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?   The proposed use does not include above or below ground storage tanks for petroleum or other hazardous materials subject to MPCA requirements.

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?   Fencing will be required by MPCA around the pond location and Planning Commission recommended a visible buffer of trees to be established on the North and Northwest portions of the property.

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

Why or why not?   Signage is required on the fence around the pond site. No Trespassing signs are proposed around the entire site that indicates this as a sewage treatment site.

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

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

Why or why not?   Additional traffic is necessary for periodic sampling of effluent prior to discharge and maintenance of facility. Licensed pumpers may occasional use the site to dispose of effluent.

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. 

The specific conditions of approval are as follows:

  1. The pond must have aeration.
  2. Must establish a visual barrier consisting of coniferous trees as long as it is conforms to MPCA requirements and other agencies along the north and northwest portions of the property.
  3. Licensed pumpers must be able to utilize the site to dispose of effluent at any time of the year.
  4. A wetland delineation must be conducted and approved by the reviewing agencies.
  5. Easements or other formal agreement must be established to conduct drainage maintenance on existing ditches within project site or adjacent to the site.
  6. Adhere to MPCA requirements for construction, discharge, and operations and maintenance.

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

_____________________________________

                                                                                                            Edward Arnesen

                                                                                                        Chair, County Board

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

GEORGE SWENTIK

George Swentik met with the board to discuss communication issues that he has encountered with the Public Works department and drainage concerns.

Recess

With no further business before the board, Chairman Arnesen called the meeting to recess at 4:05 p.m.

Attest:                                                                                     Approved: May 26, 2015

_______________________                                                  _________________________________

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

May, 2014

Commissioner Proceedings

May 13, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 13, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Dr. Recruitments/Retention contract, Committee of the Whole Date and travel for Janet Rudd and Dena Pieper on June 12 and 13 for Government Personnel Data.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Hanson to approve the consent agenda as follows: travel for Mary Jo Otten June 10-11 to St. Paul for State Board of Equalization Meeting, and August 25-29 to Bemidji for PACE Course; Jodie Ferrier on May 28-29 for DHS Licensing Training; Stacy Novak June 3-5   to Alexandria for MCCC Conference; Tim Erickson to attend the District II and District IV Spring Screening Board meeting on May 14 & 15, to Park Rapids and Janet Rudd and Dena Piper June 12-13 to St. Paul for Government Personnel Data.  The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

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

Auditor/Treasurer

Claims

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

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

                                           Revenue                              $      49,975.87          

                                                Road & Bridge                     $      89,116.84

                                                County Development           $        2,700.00

                                                Natl Resc Enhanc                $           600.00  

                                                Solid Waste                         $       28,688.65

                                                EDA                                    $         5,473.01  

                                                                                 172,554.37                              

WARRANTS FOR PUBLICATION

Warrants Approved On 5/13/2014 For Payment 5/16/2014

Vendor Name Amount

Andy’s Garage, Inc.                                                    2,273.85

Baudette LOW Chamber Of Commerce                      6,400.00

Cenex Co-Op Services, Inc.                                       7,221.67

CenTec Cast Metal Products                                      2,511.00

Farmers Union Oil Co.                                               4,956.55

Glassing/Charles R                                                     6,000.00

Howard’s Oil Company                                               2,287.81

Little Falls Machine, Inc                                               2,053.08

LOW Highway Dept                                                    3,391.25

Mar-Kit Landfill                                                             9,379.35

Moren/Law Offices Of Patrick D                                 6,183.20

Nelson Auto Center                                                    22,361.94

Neopost Great Plains                                                  2,633.00

Northwest Community Action, Inc                              2,466.50

Olson/George                                                              2,070.00

Plutko Plumbing/Brian                                                 7,108.00

R & Q Trucking, Inc                                                     2,057.55

Simplex                                                                         4,581.30

Woody’s Service                                                          4,882.36

Ziegler, Inc                                                                  37,857.10

87 Payments less than 2000  33,878.86

Final Total:  172,554.37

April 29, 2014                 $    29,061.23

May 5,    2014                 $  167,404.63

May 8,    2014                 $         888.93

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

Snowmobile Trails

County Auditor/Treasurer, Mark Hall met with the board requesting approval for snowmobile trail assistance for maintenance and grooming. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Arnesen to approve the applications for the snowmobile trail assistant’s for maintenance and grooming for 2014-2015 for Border Trails TJ Grooming, Lake of the Woods Drifter and NWA Edge Riders club and authorize Commissioner Hanson to sign.

Wheelers Point Sewer District

Chair Beckel presented a resolution for appointment to the Wheelers Point Sewer District to replace member Gary Moeller who moved out of the Wheelers Point Sewer District.

WHEELERS POINT SANITARY DISTRICT APPOINTMENT

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

RESOLUTION FOR ELECTION OF WHEELERS POINT

SANITARY DISTRICT BOARD MEMBERS

RESOLUTION

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

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

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

WHEREAS, Gary Moeller has moved from the Wheelers Point Sanitary District and has resigned as a board of Director, effective March 15, 2014;

NOW, THEREFORE, BE IT RESOLVED THAT, Lake of the Woods County Board of Commissioners appoints Michael Mayer for the remainder of Gary Moeller’s term expiring January 4, 2016.

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

Social Services Director

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

Motion

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

                                                Commissioners’ Warrants          $   15,614.79

                                                Commissioners’ Warrants          $   13,854.56

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

Medical Contract

Social Service Director, Nancy Wendler met with the board requesting approval of a contract with Medica for transportation services for special needs basic care clients.

Motion

Motion was made by Commissioner Hanson to approve the contract between Medica and Lake of the Woods County Social Services effective 05/01/14 for the provision of transportation services to SNBC (Special Needs Basic Care) clients, and to authorize Nancy Wendler, Social Services Director, to sign same. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried

Fraud Prevention Investigation Plan

Social Service Director, Nancy Wendler met with the board requesting approval to approve the Fraud Prevention Investigation Plan that is required under MN Statutes to meet various requirements.

Motion

Motion was made by Commissioner Moorman to approve the Fraud Prevention Investigation Plan effective July 1, 2014 through June 30, 2015 and to authorize Chair Beckel and Lake of the Woods County Social Services Director, Nancy Wendler to sign. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Committee of the whole meeting date

Department Heads Chair, Mary Jo Otten met with the board requesting that the board set a date for the Department Heads to meet with all of them to discuss various concerns.

Motion

Motion was made by Commissioner Moorman to set June 10, 2014, after regular Board meeting for a Committee of the Whole meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Land and Water Planning

Land and Water Planning Director, Josh Stromlund met with the board to discuss a Letter that Rinke-Noonan Law firm is writing on behalf of several counties  in regards to the proposed rule the  EPA and Army Corps of  Engineers Released  of New Rules to Protect Waterways. Josh informed the board that the cost associated with this letter is $500, and if the board was interesting in partnering with this effort.

Motion

Motion was made by Commissioner Arnesen to approve the $500 fee to Rinke-Noonan Law firm for the drafting of the letter in regards to the protection of waterways. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Wetland Issues

Land and Water Planning Director, Josh Stromlund met with the board and informed the board that the Williams Creek wetland issues are now on the second level of appeal.

SHERIFF

County Sheriff, Gary Fish met with the board requesting on call time for Deputy Sheriffs.

Motion

Motion was made by Commissioner Arnesen to authorize payment of $20.00 per pay period for all full time Deputy Sheriff’s for on call time, effective May 25, 2014. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 10:16 a.m. and reconvened at 10:23 a.m. as follows:

ATTORNEY

Cell Phone Stipend

County Attorney, James Austad met with the board requesting a cell phone stipend.

Motion

Motion was made by Commissioner Hanson to authorize a cell phone stipend for a smart phone in the amount of $60.00 per month for County Attorney, James Austad. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Dr. Recruitment/Retention

Chair Beckel discussed the Dr. Recruitment/Retention contract that the county has supported for LakeWood Health Center for the recruitment and retention for Physicians and Nurse Practitioners, in the amounts of 10,000.00 per year for a Physician and $5,000 for Nurse Practitioners with a four year retention payments. The consensus of the board was that they agreed to the recruitment/retention schedule and that they would budget up to 45,000 per year for this program.  County Attorney, James Austad will work out the details of the new contract and will place this on the agenda when it is complete for their approval.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board to discuss the Keep it Clean Program. Tim informed the board that there have been no dumpsters at the Wheelers Point lake access throughout the summer months and that people have been dropping off their garbage, fish cuts etc. on off road sites nearby. Tim informed the board that the cost for the summer season would be 2,000.

Motion

Motion was made by Commissioner Arnesen to appropriate $2,000 from the unallocated account for the Keep it Clean dumpster for the Wheelers Point access. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

PLASMA CUTTER

Public Works Director, Tim Erickson met with the board requesting approval to purchase a Plasma Cutter, which was budgeted for 2014.

Motion

Motion was made by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to purchase the Plasma Cutter in the amount of $2,569. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

TOWARD ZERO DEATH

Public Works Director, Tim Erickson and Emergency Management Director, Nina Husbands met with the board to discuss a grant that is available to help with the “Toward Zero Death” program. The grant could receive up to $25,000 and if awarded would start October 1, 2014.

Resolution

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

Toward Zero Death Grant Agreement

2014-05-01

Be It Resolved; that Lake of the Woods County enter into a grant agreement with the

Minnesota Department of Public Safety, for traffic safety projects during the period from

October 1, 2014 through September 30, 2015.  The Lake of the Woods County Board Chair is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Lake of the Woods County and to be the fiscal agent and administer the grant.

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

BAUDETTE BAY PROJECT

Joel Hanson and Mike Larson, committee members of the Baudette Bay Project meet with the board to share the plans for the Willie Walleye Park enhancement which would include in Phase I a gazebo, outside fire ring, swimming raft and a sun play slide. Phase II would include two 100 foot long floating docks with a 60 foot tee on their ends by Willie Walleye Park and to install a forty foot long floating  dock at Peace Park. No action was taken at this time and will look into funding sources.

GREAT NORTHERN TRANSMISISON

Jim Aitkin met with the board to provide an update on the Great Northern Transmission line that will run through part of Lake of the Woods County. Jim informed the board that on October 21, 2013 the Certificate of Need application was deemed to be complete six weeks later by the MN Public Utilities Commission (MPUC); six environmental scoping meetings were held in February of 2014; additional public and evidentiary hearing will occur in the fall of 2014 and a final decision by the MPUC is expected by May of 2015.  He stated that the route permit was filed in April and initial meeting on the scope of the Environmental Impact Statement are expected in July of this year with a final decision by the MPUC on the route permit is expected by fall of 2015 along with the Presidential Permit application. The board requested Jim Aitkin to get a projection on the tax revenue that would be generated to Lake of the Woods County for the next ten (10) years.  

HRDC

Marcus Grubbs, HRDC Development Specialist and Emergency Management Director, Nina Husband meet with the board requesting approval to enter into a contract with HRDC for assistants with a Community Wild Fire Protection Plan for the NWA to assist with the Community Wildfire Protection Plan. 

Motion

Motion was made by Commissioner Arnesen to apply to the DNR for a $10,000 grant to assist with the Community Wildfire Protection Plan and to enter into a contract with HRDC effective May 16, 2014 thru July 31, 2014 to coordinate the planning process; draft a protection plan and assist in documenting grant matches; authorize payment of $4,500 from the unallocated account, and authorize Chair Beckel to sign. The motion was seconded by Commissioner Moorman, and the same being put to a vote, was unanimously carried.

CORRESPONDENCE

The following correspondence was acknowledge: City of Williams Letter

Recess

With no further business before the board, Chair Beckel called the meeting to recess at 12:04 p.m.

Attest:                                                                                     Approved: May 13, 2014

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

___________________________                                          ______________________________

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

Commissioner Proceedings

May 27, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 27, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

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

Approval of Consent Agenda

None

Approval of Minutes

Motion

Motion was made by Commissioner Moorman to approve the minutes of May 13, 2014 regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

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

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

                                           Revenue                              $      31,478.64          

                                                Road & Bridge                     $      37,656.09

                                                Solid Waste                         $         2,608.08

                                                EDA                                    $         7,094.79  

                                                                                   78,837.60                              

WARRANTS FOR PUBLICATION

Warrants Approved On 5/27/2014 For Payment 5/30/2014

Vendor Name                                                           Amount

American Solutions For Business                                 2,771.50

Anchor Marketing, Inc                                                    2,659.54

Bemidji Welders Supply Inc                                          2,772.10

MN Dept of Employment & Economic Develop            5,000.00

Nelson Auto Center                                                       22,743.89

NetWork Center Communications                                5,621.50

Northern Light Region                                                    2,484.85

Northwest Community Action, Inc                                2,466.50

Wallwork Truck Center                                                   2,556.39

71 Payments less than 2000   29,761.33

Final Total: 78,837.60

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

May 14, 2014                  $  100,586.11

May 15, 2014                  $      7,909.02

May 15, 2014                  $   632,052.05

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

Baudette Bay Project

County Auditor/Treasurer, Mark Hall met with the board to review the County Development fund balance and the 2014 balance of the budgeted County Development contributions. The board also discussed the possibility of forming a Rainy River Parks Committee.

Motion

Motion was made by Commissioner Hanson to appropriate $25,000 from the reserves to the City of Baudette to help with the cost of the construction of a Gazebo. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to appoint Commissioners Hanson and Nordlof to the Rainy River Parks Committee along with City Council member Joel Hanson, and one more city council member, Mike Larson and one member at large to this committee. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Social Services Director

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

Motion

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

                                                Commissioners’ Warrants          $    5,526.53

                                                Commissioners’ Warrants          $   20,140.28

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

DNR FISHERIES

Phil Talmage from the DNR Fisheries met with the board to review the Lake of the Woods Creel Survey Summary; informed the board that the Pitt Creek is now stocked with trout and that they started on a Sturgeon Study.

LAND AND WATER PLANNING

County Subsurface Sewage Treatment System Ordinance

Land and Water Planning Director, Josh Stromlund met with the board and informed the board that the Planning Commission held a Public Hearing on May 14, 2014 for the Subsurface Sewage Treatment System Ordinance and that the proposed changes are to comply with the State requirements. Lake of the Wood County Planning Commissioner recommends approval for the County Subsurface Sewage Treatment System Ordinance. Josh reviewed the findings and facts with the board.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Lake of the Woods County                                          Date:  May 27, 2014

Location/Legal Description:  All lands of the County except for incorporated areas that administer a SSTS program, by Ordinance, with their incorporated jurisdiction, which is at least as strict as this Ordinance.

Project Proposal:  Lake of the Woods County Subsurface Sewage Treatment System Ordinance

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

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

  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain and, where, necessary, improve water quality.

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

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

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

  1. Local Influence:  Over policy that affects the lives of county citizens.
  2. Conservation:  Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations.
  3. Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

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

YES (X) NO (  ) N/A (  )

Why or why not? Compliant and properly functioning septic systems are in the best interest of the public and is consistent with maintaining the public health, safety, and welfare.

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

Why or why not? Properly functioning septic systems prevent water pollution including nutrient loading.

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

Why or why not? ______________________________________________________

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

Why or why not? This Ordinance does not allow septic systems to be located in a floodway, and wherever possible, location with any part of a floodplain should be avoided. It also establishes criteria to address septic systems located in the flood fringe area.

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

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

Why or why not? The soil type and direction of slope are taken under consideration in designing a compliant septic system.

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

Why or why not? The Ordinance establishes minimum setbacks from roads.

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

Why or why not? The Ordinance establishes septic system sizing requirements for different land uses.

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

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

Why or why not? The Ordinance establishes minimum setback requirements from a lake or river. Furthermore, it requires a three (3) foot vertical separation distance in the shoreland areas of Lake of the Woods County.

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

Why or why not? The Ordinance establishes design flow criteria for the construction of a septic system.     

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

Why or why not? ______________________________________________________

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

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

Why or why not? The Ordinance requires that soil analysis be conducted prior to installation of the septic system. The soil analysis will dictate sizing and suitability of a site for a compliant septic system.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

The specific conditions of approval are as follows:  __________________________________

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

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

                                                                                    _____________________________________

                                                                                                            Patricia Beckel

                                                                                                        Chair, County Board

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

Motion

Motion was made by Commissioner Hanson to approve the finding and Facts for the Lake of the Woods County Subsurface Sewage Treatment System. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

 Ordinance

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

THE COUNTY BOARD OF LAKE OF THE WOODS COUNTY ORDAINS:

SUBSURFACE SEWAGE TREATMENT SYSTEM ORDINANCE

LAKE OF THE WOODS COUNTY

Table of Contents

SECTION 1GENERAL PROVISIONS
1.1Purpose1
1.2Intent1
1.3Title2
1.4Authority2
1.5Jurisdiction2
1.6Compliance2
1.7Enforcement2
1.8Interpretation3
1.9Severability3
1.10Abrogation and Greater Restrictions3
1.11Scope3
1.12Liability3
Section 2Administration
 2.1County 3
 2.2State of Minnesota 4
 2.3Cities 4
 2.4Appeals 4
 2.5Amendments 4
 
Section 3Definitions
  Meanings 5
Section 4General Requirements
 4.1Retroactivity 8
  4.1.1All SSTS 8
  4.1.2Existing Permits 8
  4.1.3Existing SSTS 8
  4.1.4SSTS on Lots Created After January 23, 1996 8
 4.2Upgrade, Repair, Replacement and Abandonment 9
  4.2.1SSTS Capacity Expansions 9
  4.2.2Bedroom Additions 9
  4.2.3Failure to Protect Groundwater 9
  4.2.4Imminent Threat to Public Health or Safety 9
  4.2.5Abandonment of SSTS 9
 4.3SSTS Located in Floodplains 9
 4.4Class V Injection Wells 9
 4.5SSTS Practitioner Licensing 10
  4.5.1License Required 10
  4.5.2License Exemption 10
 4.6Prohibitions 10
  4.6.1Sewage Discharge to Ground Surface or Surface Water 10
  4.6.2Sewage Discharge to a Well or Boring 10
  4.6.3Discharge of Hazardous or Deleterious Materials 10
Section 5SSTS Standards
 5.1Standards Adopted by Reference 11
 5.2New or Replacement SSTS 12
 5.3Design Flow 12
 5.4Alternative Local Standards (ALS) 13
  5.4.1“ALS” Vertical Separation for New and Replacement SSTS 13
  5.4.2Prohibited Locations of “ALS” 13
 5.5Soil Dispute Resolution 14
 5.6Holding Tanks 14
 5.7Privies 15
 5.82011 MN Rule Elements 15
  5.8.1Sewage Tank Capacity 15
  5.8.2Registered Products 15
  5.8.3Trench and Seepage Bed Design 16
 5.9List of Technical Differences 16
 5.10Minimum Setback Distances for Sewage Treatment Systems 16
  5.10.1Administrative Allowance 17
 5.11Federal Regulations Cost 40, Part 503 Septage Disposal 17
Section 6SSTS Permits and Plans
 6.1SSTS Permits Required 18
 6.2Activities Requiring a SSTS Permit 18
 6.3Activities Not Requiring a SSTS Permit 18
 6.4SSTS Permit Requirements 18
 6.5SSTS Permit Applications 18
 6.6Permit Application Review 19
 6.7Permit Expiration 20
 6.8Transferability 20
 6.9Operating Permits 20
Section 7Management Plans
 7.1Purpose 20
 7.2Management Plan Requirements 20
 7.3Management Plan Contents 20
 7.4Requirements for Systems Not Operated Under a Management Plan 21
Section 8Compliance Inspections
 8.1Compliance Inspection Program 21
  8.1.1Existing Systems 22
  8.1.2New Construction or Replacement 22
 8.2“ALS” Vertical Separation for Existing SSTS 23
 8.3Vertical Separation Flexibility 23
 8.4Disclaimer 23
Section 9Variances
 9.1Variance Requests 24
  9.1.1Criteria 24
  9.1.2Expiration 25
 9.2Board of Adjustment 25
 9.3Agency Notification 25
Section 10Enforcement
 10.1Violations 25
  10.1.1Cause to Issue a Notice of Violation 25
  10.1.2Interference w/Department Access or Administration/Enforcement Prohibited 26
  10.1.3Notice of Violation 26
  10.1.4Cease and Desist Orders 26
  10.1.5After-the-Fact Fees 26
  10.1.6Reimbursement for Restoration 26
 10.2Prosecution 27
Section 11Fees
  Establishment 27
Section 12Adoption and Effective Date
  Effective Date 27

LAKE OF THE WOODS COUNTY

SUBSURFACE SEWAGE TREATMENT SYSTEM ORDIANANCE

SECTION 1       GENERAL PROVISIONS

1.1       Purpose

The purpose of the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance shall be to provide minimum standards for and regulation of SSTS for the treatment and dispersal of sewage within the applicable jurisdiction of Lake of the Woods County and to protect public health and safety by protecting the County’s surface water and groundwater quality, and to prevent or eliminate the development of public nuisances. The Lake of the Woods County Board of Commissioners ordains this Ordinance, hereby establishing the following:

  1. Minimum standards for, and regulation of, Individual Sewage Treatment Systems (ISTS) and Midsize Subsurface Sewage Treatment Systems (MSTS), collectively referred to as Subsurface Sewage Treatment Systems (SSTS), in unsewered incorporated and unincorporated areas of Lake of the Woods County and incorporating by reference minimum standards established by Minnesota Statutes and Minnesota Pollution Control Agency Rules;
  2. Requirements for issuing permits for construction of SSTS;
  3. Provisions for Alternative Local Standards (ALS);
  4. Requirements for all SSTS permitted under the revised Minnesota Rules,      Chapter 7080 and 7081, to be operated under an approved Management Plan;
  5. Standards for upgrade, repair, replacement, and abandonment of SSTS;
  6. Provisions for the enforcement of these requirements; and,
  7. Standards which promote the health, safety, and welfare of the public as reflected in Minnesota Statutes, Sections 115.55, 145A.05, 375.51, 394.21 – 394.37, 471.82, and the Lake of the Woods County Land Use Plan, Lake of the Woods County Zoning Ordinance and Lake of the Woods County Local Water Management Plan.

1.2       Intent

It is intended, by the County, that this Ordinance will promote the following:

  1. The protection of lakes, rivers and streams, wetlands, natural resources, and groundwater in the County essential to the promotion of public health, safety, welfare, socioeconomic growth and development of the County;
  2. The proper SSTS construction, reconstruction, repair, maintenance, and location of SSTS to prevent the entry and migration of contaminants, thereby preventing the degradation of surface water and groundwater quality;
  3. The establishment of minimum and alternative local standards for SSTS placement, design, construction, reconstruction, repair, maintenance and proper septage disposal to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration;
  4. The appropriate utilization of privy vaults and other non-water carried sewage collection and storage facilities; and,
  5. The provision of technical assistance and education, SSTS permitting, inspections, and enforcement to prevent and control water-borne diseases, lake and stream degradation, groundwater-related hazards, and public nuisance conditions.

1.3              Title

This Ordinance shall be known and may be cited and referred to as the “Lake of the Woods County Subsurface Sewage Treatment System Ordinance”, when referred to herein; it shall be known as “this Ordinance”.

1.4       Authority

This Ordinance is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota Statutes, Sections 145A.01 through 145A.08; Minnesota Statutes, Section 375.51; or successor statutes, Minnesota Rules 2006, Chapter 7080; and, elements from the 2011 Rules Chapters 7080, 7081, 7082 and 7083 or successor rules.

1.5       Jurisdiction

The jurisdiction of this Ordinance shall include all lands of the County except for incorporated areas that administer a SSTS program, by Ordinance, within their incorporated jurisdiction, which is at least as strict as this Ordinance. The Department shall keep a current list of local jurisdictions within the County administering a SSTS program.

1.6       Compliance

The installation of a SSTS shall be in full compliance with the terms of this Ordinance and other application regulations.

1.7              Enforcement

The Lake of the Woods County Board of Commissioners shall bear the ultimate responsibility for the administration and enforcement of this Ordinance. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements, including failure to comply with special conditions of variances, shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this Ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 6 of this Ordinance.

1.8       Interpretation

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. Interpretation shall be made by the Department with approval of the County Board, subject to appeal to the Board of Adjustment.

1.9       Severability

If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this Ordinance shall not be affected and shall remain in full force.

1.10     Abrogation and Greater Restrictions

It is not intended by this Ordinance to repeal, abrogate, or impair any other existing County Ordinance, easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other Ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

1.11     Scope

This Ordinance regulates the siting, design, installation, alteration, maintenance, monitoring, and management of all SSTS within the County’s applicable jurisdiction; including, but not necessarily limited to, individual SSTS, cluster or community SSTS, privy vaults, and other non-water carried SSTS. All sewage generated in unsewered areas of the County shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated, and maintained in accordance with the provisions of this Ordinance or by a sewage treatment system that has been permitted by the Minnesota Pollution Control Agency (MPCA).

1.12     Liability

Any liability or responsibility shall not be imposed upon the Department or agency or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any SSTS regulated under this Ordinance by reason of standards, requirements, or inspections authorized hereunder.

SECTION 2       ADMINSTRATION

2.1       County

The Department shall administer the SSTS program and all provisions of this Ordinance. The Department shall review and recommend revisions and updates to this Ordinance as necessary, and shall employ, retain under contract, or utilize qualified and appropriately registered or licensed professionals to administer the SSTS program.

2.2       State of Minnesota

Where a single SSTS or group of SSTS under single ownership within one-half mile of each other, have a design flow greater than 10,000 gallons per day, the owner or owners shall make application for and obtain a State Disposal System permit from MPCA. For any SSTS that has a measured daily flow for a consecutive seven-day period which equals or exceeds 10,000 gallons per day, a State Disposal System permit is required.

Any SSTS serving establishments or facilities licensed or otherwise regulated by the State shall conform to the requirements of this Ordinance.

2.3       Cities

Any jurisdiction within the County that regulates SSTS must comply with the standards and requirements of this Ordinance. The standards and ordinance of the jurisdiction may be administratively and technically more restrictive than this Ordinance.

2.4       Appeals

An appeal of any administrative decision made in the enforcement of this Ordinance shall be made within fifteen (15) days of the date of the administrative decision by filling out and submitting to the Department an Application to Appeal form, which is available upon request from the Department. Such appeal shall be heard by the Board of Adjustment with sixty (60) days of the date that such application is submitted to the Department and found complete and accepted by the Department.

2.5       Amendments

The procedure for amendments to this Ordinance shall be as follows:

  1. An amendment may be initiated by a property owner, the Planning Commission, or the County Board. Property owners wishing to initiate an amendment shall fill out an application for amendment form, available from the Department. Such application shall be filled out and submitted to the Department together with the appropriate fee.
  2. The applicant shall appear before the Planning Commission to answer any questions that the Planning Commission members may have concerning the amendment request.
  3. A public hearing on the amendment request shall be conducted by the Planning Commission. The public hearing shall be conducted in accordance with Minnesota Statutes, Chapter 394.26.
  4. The Planning Commission shall make a recommendation to the County Board after the proceedings of this public hearing.
  5. The County Board shall consider the recommendation of the Planning Commission.

SECTION 3       DEFINITIONS

The following words and phrases shall have the meanings ascribed to them in this Article. If not specifically defined in this Article, terms used in this Ordinance shall have the same meaning as provided in the standards adopted by reference. For purposes of this Ordinance, the words “must” and “shall” are mandatory and the words “may” and “should” are permissive.

Alternative Local Standards (ALS): Are individual sewage treatment system standards that are less restrictive than the State’s technical standards and criteria. ALS contains the adopted standards from the 2006 MN Rules for systems using less than 2500 gallons of water per day.

Alternative Local Standards Vertical Separation: Standards that allow less than three (3) feet vertical separation but not less than two (2) feet in appropriate locations of the County.

As-Built: Drawings and documentation specifying the final in-place location, elevation, size, and type of all system components. These records identify the results of materials testing and describe conditions during construction. Information provided must be verified by a certified statement.

Authorized Representative: An employee or agent of the Department.

Bedroom: Any room or unfinished area within a dwelling that might reasonably be used as a sleeping room.

Board of Adjustment: A board established by the County Zoning Ordinance with the authority to order the issuance of variances, hear and decide appeals from a member of the affected public and review any order, requirement, decision, or determination made by any administrative official charged with enforcing any Ordinance adopted pursuant to the provision of Minnesota Statutes, sections 394.21 to 394.37 and perform such other duties as required by the official controls.

Certificate of Compliance:  A document written and issued after a compliance inspection, from a State of Minnesota licensed sewage treatment inspector or a qualified employee of the Department, which gives notice that an ISTS is in compliance with applicable requirements at the time of inspection.

Class V Injection Well: A shallow well used to place a variety of fluids directly below the land surface including a domestic SSTS serving more than twenty (20) people. The US Environmental Protection Agency and delegated state groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large-capacity cesspools are specifically prohibited (see 40 CFR Parts 144 & 146).

Cluster System:  An SSTS under common ownership that collects wastewater from two or more dwellings or buildings and conveys it to a treatment and dispersal system located on an acceptable site near the dwelling or buildings.

Compliance Inspection:  Any evaluation, investigation, inspection, or other such process to make conclusions, recommendations, or statements regarding an SSTS to reasonably assure an individual sewage treatment system is in compliance as specified under part 7080.0060.

County: Lake of the Woods County, Minnesota.

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

Department: The Lake of the Woods County Land and Water Planning Office.

Design: Site evaluation, all system components, and record drawings.

Design Flow: The daily volume of wastewater for which an SSTS is designed to treat and discharge.

Failing System: Any SSTS that discharges sewage to a seepage pit, cesspool, drywell, leaching pit and any system with less than the required vertical separation distance between the bottom of the distribution medium and the saturated soil level or bedrock.

Graywater or Greywater: Sewage that does not contain toilet wastes.

Imminent Threat to Public Health or Safety (ITPHS): Any SSTS that discharges sewage or sewage effluent to the ground surface, drainage systems, ditches, or storm water drains or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance access covers. The determination of protectiveness for other conditions must be made by a Qualified Employee or a State licensed inspection business.

Individual Subsurface Sewage Treatment System (ISTS): An individual sewage treatment system having a design flow of 5,000 gallons per day or less. ISTS includes holding tanks and privies.

Lot: “Lot” means a parcel of land in a plat recorded in the Office of the County Recorder or registrar of titles or a parcel of land created and conveyed, using a specific legal description.

Management Plan:  A plan that describes necessary and recommended routine operational and maintenance requirements, periodic examination, adjustment and testing; and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge.

Minor Repair:  The repair or replacement of an existing damaged or faulty component/part of an SSTS that will return the SSTS to its operable condition. A minor repair shall not alter the original area, dimensions, design, specifications or concept of the SSTS.

Mottling (Redoximorphic Features): As applied to soils, means a zone of oxidation and reduction activity, appearing as splotchy patches of red, brown or grey in the soil. In subsoils with a color value of four or more, the term mottling also includes soil having matrix colors with a chroma of two or less as described in “Keys to Soil Taxonomy”: 11th Edition, 2010, which is hereby incorporated by reference.

MPCA: Minnesota Pollution Control Agency.

Midsize Subsurface Sewage Treatment System (MSTS): A midsized subsurface sewage treatment system under single ownership that receives sewage from dwellings or other establishments having a design flow of greater than 5,000 gallons per day to 10,000 gallons per day.

Notice of Noncompliance: A document written and issued after a compliance inspection, from a State of Minnesota licensed sewage treatment inspector or a qualified employee of the Department, which gives notice that an ISTS is not in compliance with applicable requirements.

Other Establishments:  Any public or private structure other than a dwelling that generates sewage that discharges to an MSTS.

Qualified Employee: An employee of the state or a local unit of government, who performs site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual’s employment duties and is certified on the SSTS professional register verifying specialty area endorsements applicable to the work being conducted.

Record Drawings: A set of drawings which to the fullest extent possible document the final in-place location, size, and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system.

Septage: Solids and liquids removed during periodic maintenance of an SSTS or solids and liquids which are removed from toilet waste treatment devices, holding tanks or privies.

Sewage: Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains associated with these sources, including household cleaners and other constituents in amounts normally used for domestic purposes.

Subsurface Sewage Treatment System (SSTS): Subsurface sewage treatment system including an ISTS, and MSTS.

Soil Dispersal System: A system where sewage effluent is dispersed into the soil for treatment by absorption and filtration and includes, but is not limited to, trenches, seepage beds, at-grade systems, mound systems and drip dispersal systems.

State: The State of Minnesota.

SWF: Shoreland areas, wellhead protection areas, or food, beverage, or lodging establishments

Type I System: A “standard” SSTS that follows a standard trench, bed, at-grade, mound, or graywater system design in accordance with Minnesota Rules, Chapter 7080.0170 Subparts 2, 3, 5, 6 and 7.

Type II System: An “alternate” SSTS with acceptable modifications or sewage containment system that may be permitted for use on a site not meeting the conditions acceptable for a standard Type I system. This type includes systems on lots with rapidly permeable soils Minnesota Rules Chapter 7080.0170, Subpart 4, or lots in floodplains, and systems called privies or holding tanks, 7080.0172.

Type III System: An “other” SSTS that uses soil to treat sewage but does not meet the tank, size or distribution requirements for a Type I system, Minnesota Rules Chapter 7080.0178. Type III systems are designed for use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system.

Type IV System: A SSTS, having an approved pretreatment device and incorporating pressure distribution and dosing. It is sometimes referred to as an advanced treatment system.

Type V System: A “performance” SSTS, designed by a professional engineer that does not meet the prescriptive designs for Types I-IV. Type V systems must meet the public health and safety standards of 7080.0179.

Type ALS System: An SSTS designed with alternative local standards. See ALS definition.

SECTION 4       GENERAL REQUIREMENTS

4.1       Retroactivity

4.1.1    All SSTS

Except as explicitly set forth in Section 4.12 and 4.13 all provisions of this Ordinance shall apply to any SSTS regardless of the date of it was originally permitted.

4.1.2    Existing Land Use Permits

Land Use Permits which were issued prior to the effective date of this Ordinance shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system design, whichever is earlier.

4.1.3    Existing SSTS

A SSTS constructed prior to April 1, 1996, outside the designated floodplain, shoreland, wellhead protection areas or servicing a food, beverage, or lodging establishment, which met the minimum requirements at the time it was constructed, shall be allowed to continue in use, except, if it is determined to be a failing system or an ITPHS.

A SSTS constructed after March 31, 1996, or located within the designated floodplain, shoreland, wellhead protection areas or servicing a food, beverage, or lodging establishment, which met the minimum requirements at the time it was constructed, shall be allowed to continue in use except if it is determined to be a failing system or an ITPHS.

4.1.4    SSTS on Lots Created After January 23, 1996

All lots created after January 23, 1996 shall include a minimum of two (2) soil treatment and dispersal areas that can support a Type 1 systems as described in Minnesota Rules, Chapter 7080.0170, Subparts 2 and 5-6 or site conditions described in 7081.0270, Subparts 3-7, for MSTS systems.

4.2       Upgrade, Repair, Replacement, and Abandonment

4.2.1    SSTS Capacity Expansions

Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with Minnesota Rules 7080.0060 at the time of the expansion. Expansions may include addition of bedrooms, water using appliances and mobile home replacement with a larger home.

4.2.2    Bedroom Additions

When a bedroom addition is planned for construction, a SSTS compliance inspection is required on the existing SSTS. If a Notice of Noncompliance is issued on the existing SSTS, a Land Use Permit may be issued with or without conditions to upgrade, repair, replace or abandon the existing septic system. The owner is allowed two (2) years from the date of issuance of the Notice of Noncompliance to replace a failing system and ten (10) months for systems that are an ITPHS.

4.2.3    Failure to Protect Groundwater

A SSTS that is determined to be a failing system shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this Ordinance within two (2) years of the date of issuance of the Notice of Noncompliance.

4.2.4    Imminent Threat to Public Health or Safety (ITPHS)

A SSTS that is determined to be an ITPHS, shall be upgraded, repaired, replaced or abandoned by the owner within ten (10) months of the date of issuance of the Notice of Noncompliance.

4.2.5    Abandonment of SSTS

Any SSTS, or components thereof, which are no longer intended to be used as part of the SSTS, must be abandoned in accordance with Minnesota Rules, Chapter 7080.0176.

4.3       SSTS Located in Floodplain

SSTS shall not be located in a floodway and wherever possible, location within any part of a floodplain should be avoided. If no options exist to locate a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements in Minnesota Rules, Chapter 7080.0172 are met.

4.4       Class V Injection Wells

All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of Federal Regulations, title 40, part 144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR40 part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures.

4.5       SSTS Practitioner Licensing

4.5.1    License Required

No person shall engage in site evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance, or pumping of SSTS in the County without an appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter 7083, unless exempted as outlined in part 7083.0700 or Section 4.52 of this Ordinance.

4.5.2    License Exemption

A license is not required for:

  1. An individual who is constructing a system on land that is owned or leased by the individual and functions solely as a dwelling for that individual based upon a design by a licensed designer. A permit shall be obtained from the Department, the system shall be inspected before being covered and as-built plans submitted in accordance with this Ordinance. A Certificate of Compliance or Notice of Non Compliance will be issued by the Inspector.
  2. An individual who performs labor or services as an employee for an MPCA licensed SSTS Professional.
  3. A farmer who pumps sewage waste from individual sewage treatment systems from dwellings that are owned or leased by the farmer, and disposes of those wastes on land that is owned or leased by the farmer.

4.6       Prohibitions

4.6.1    Sewage Discharge to Ground Surface or Surface Water

It is unlawful for any person to construct, maintain, or use any SSTS system regulated under this Ordinance that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollutant Discharge Elimination System program by the MPCA.

4.6.2    Sewage Discharge to a Well or Boring

It is unlawful for any person to discharge raw or treated wastewater into any well or boring as described in Minnesota Rules, Chapter 4725.2050, or any other excavation in the ground that is not in compliance with this ordinance.

4.6.3    Discharge of Hazardous or Deleterious Materials

It is unlawful for any person to discharge into any treatment system regulated under this Ordinance any hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality.

SECTION 5       SSTS STANDARDS

5.1       Standards Adopted by Reference

The following documents, which identify specific standards, procedures and protocols are hereby adopted in their entirety by reference and made a part of this Ordinance.

  1. Minnesota Rules 2006, Chapter 7080, as Alternative Local Standards for new and replacement systems with a design flow of less than or equal to 2,500 gallons per day.
  2. Lake of the Woods County Zoning Ordinance

The following elements from Minnesota Rules 2011, Chapter 7080 and 7081, are hereby adopted in their entirety by reference and made a part of this Ordinance:

  1. Minnesota Rules 2011, Chapters 7080 and 7081 for new and replacement systems with a design flow greater than 2,500 gallons per day.
  2. Minnesota Rule 2011, Chapter 7081.0130, Flow and Waste Concentration Determination for Other Establishments
  3. Tank Strength Requirements, 7080.1910, Subp 1
  4. Poured-in-place concrete tanks, 7080.1910, Subp 2
  5. Septic Tank Design, 7080.1920 A – E
  6. Septic Tank Capacity 7080.1930
  7. Septic Tank Baffles, 7080.1960 A – G
  8. Compartmentalization of Single Tanks, 7080.1950 A – E
  9. Sewage Tank Access, 7080.1970 A – D
  10. Tank Construction, 7080.1980 A – B
  11. Tank Storage, Transport and Use, 7080.1990 Subp 1 and 2
  12. Location and Installation of Tanks, 7080.2000 A – K
  13. Tank Assessment, 7080.2010 Subp 1, 2 and 3
  14. Tank Identification, 7080.2020 A – D

5.2       New or Replacement SSTS

Any structure that generates sewage and is served by a pressurized water supply system must be served by a compliant SSTS. New or replacement of existing SSTS servicing a residential dwelling shall be sized and constructed for a Type 1 dwelling.

Where no feasible alternatives exist as determined by the licensed designer and confirmed by the Department, installation of a Type 1 system creates a practicable difficulty, the Department may administratively authorize a smaller designed and installed system without a variance according to Section 9 of this Ordinance.

5.3       Design Flow

Average design flow shall be used to size soil treatment systems. The estimated average design flow for any dwelling shall provide for at least two (2) bedrooms. For multifamily dwellings, the average design flow shall consist of the sum of the average design flow for each individual unit. For Other Establishments the design flow shall be in accordance with Minnesota Rule Chapter 7081.0130.

Average Desgin Flow (GPD)
# of BedroomsClassification of Dwelling
 IIIIIIIV
2 or less300225180*
3450300218*
4600375256*
5750450294*
6900525332*

* Flows for Classification IV dwellings shall be 60% of the values as determined for Classification I, II, or IIIsystems.

The Table above is based on the following formulas:

ClassificationDescription
Classification I: Classification I dwellings are those with more than 800 square feet per bedroom, when the dwelling’s total floor area is divided by the number of bedrooms, or more than two of the following water-use appliances are installed or anticipated: automatic washer, dishwasher, water conditioning unit, whirlpool bath, garbage disposal, or self-cleaning humidifier in furnace. The average design flow for classification I dwellings is determined by multiplying 150 by the number of bedrooms.
Classification II: Classification II dwellings are those with 500 to 800 square feet per bedroom, when the dwelling’s total floor area is divided by the number of bedrooms, and no more than two of the water-use appliances are installed or anticipated as listed in Classification I. The average design flow for classification II dwellings is determined by adding one to the number of bedrooms and multiplying this result by 75.
Classification III: Classification III dwellings are those with less than 500 square feet per bedroom, when the dwelling’s total floor area is divided by the number of bedrooms, and no more than two of the water-use appliances are installed or anticipated as listed in Classification I. The average design flow for classification ID dwellings is determined by adding one to the number of bedrooms, multiplying this result by 38, then adding 66.
Classification IV: Classification IV dwellings are dwellings designed under part 7080.0170, subpart 7.

5.4       Alternative Local Standards (ALS)

Alternative Local Standards must comply with requirements of other applicable State Laws, State Rules and County ordinances.

5.4.1    “ALS” Vertical Separation for New or Replacement SSTS

For new or replacement “ALS” systems, a minimum of two (2) feet vertical separation shall be allowed between the bottom of the dispersal system and the seasonal saturation or bedrock located in areas outside the protected areas designated as floodplain, shoreland, wellhead protection, or areas where SSTS provide sewage treatment for food, beverage, or lodging establishments

Site suitability requirements must be met whenever a SSTS is installed, replaced, altered, or extended. The following parameters shall be met:

  1. Soil Separation:  For unsaturated soil separation, three (3) separate soil samples from three (3) field locations are taken for observation by the designer and referenced to the NRCS Soils Survey, visual determination for mottling features and/or percolation tests must be conducted to determine sizing of the system. The soil evaluation results must be verified onsite by the Department.
  2. Soil Types:  ALS systems shall not be allowed in poorly drained and rapidly permeable soils, as delineated by the NRCS Soil Survey for Lake of the Woods County, which is the official County soil classification reference.
  3. Wells:  Placement and construction of wells in proximity to the SSTS shall be setback according to the requirements of the Minnesota Department of Health, as identified in Section 5.9 of this Ordinance.
  4. Density of SSTS:  A SSTS constructed to the “ALS” standards shall not be permitted to exceed one (1) system per one (1) acre parcel. All sites to be developed must have space for at least two (2) systems and must meet the setbacks as outlined in Section 5.9 of this Ordinance and the Lake of the Woods County Zoning Ordinance.
  5. Existing natural and constructed drainage systems:  A drainage plan shall be provided to the Department with each SSTS permit application. The plan must designate existing drainage features and any proposed new drainages. The plan must specify surface and/or groundwater flows relative to the proposed SSTS, as well as the locations of all public and private drainage systems. If additional ditching or tile systems are proposed, a minimum of a ten (10) foot setback must be maintained from all components of the SSTS.

5.4.2    Prohibited Locations of “ALS” Vertical Separation

The following locations are prohibited from utilizing “ALS” Vertical Separation:

  1. Systems in the designated Shoreland district regulated under Minnesota Rules Chapters 103F.201 through 103F.221;
  2. Wellhead protection areas regulated under Minnesota Rules Chapter 103I; and
  3. System used in connection with food, beverage, or lodging establishments, regulated under Minnesota Rules Chapter 157.

5.5       Soil Dispute Resolutions

The Department will determine the final decision on the depth of periodically saturated soils should a disagreement occur between the Department representative and any licensed business.

5.6       Holding Tanks

The use of (a) holding tank(s) may be permitted only where there is no other reasonable alternative(s) to treating and disposing of sewage. The use of (a) holding tank(s) may be permitted by the Department as replacement for a SSTS that is failing or poses an imminent threat to public health, on lots existing as of the effective date of this Ordinance, and in structures where it can be shown that a SSTS cannot be feasibly installed, under the following conditions:

  1. A licensed designer must submit a site design indicating that the use of (a) holding tank(s) is the only alternative, with the concurrence of the Department and state the reasons why a drainfield is not viable
  2. A Maintenance and Monitoring Agreement signed by the property owner and a licensed maintainer is submitted to the Department;
  3. The property owner shall maintain a valid Maintenance and Monitoring Agreement with a licensed maintainer;
  4. A cleanout pipe of at least four (4) inches in diameter shall extend to the ground surface and be provided with seals to prevent odor emissions and exclude insects and vermin. A maintenance hole of at least twenty (20) inches in diameter shall extend through the cover to a point within twelve (12) inches, but no closer than six (6) inches, below finished grade. If the maintenance hole is covered with less than six (6) inches of soil, the cover must be secured to prevent unauthorized access;
  5. The minimum size shall be 1,000 gallons or 400 gallons times the number of bedrooms, whichever is greater;
  6. The holding tank(s) shall be located in an area readily accessible to the maintainer under all weather conditions and where accidental spillage, from maintenance, will not create a nuisance;
  7. The holding tank(s) shall meet setbacks as specified in Section 5.9 of this Ordinance and the Lake of the Woods Zoning Ordinance;
  8. Holding tanks shall have an alarm device to minimize the chance of accidental sewage overflows unless regularly scheduled pumping is used. Mechanical or electrical monitoring shall identify when the holding tank is at seventy-five (75) percent capacity;
  9. A water meter is to be installed and the meter readings are to be recorded monthly and submitted to the Department prior to December 31 of each year as per the Maintenance and Monitoring Agreement;
  10. Holding tank(s) must be inspected and solids removed, if needed, at a minimum of every three (3) years or when it reaches 75% capacity. Solids must be removed when their accumulation meets the limit described in Minnesota Rules, Chapter 7080.0175.
  11. The Maintainer shall record the date the holding tank(s) is maintained, volume of waste removed, and discharge location. The record shall be provided to the owner and made available to the Department upon request.

5.7       Privies

Privies that meet all of the following criteria may be designed with “ALS” vertical separation; however, the use of a holding tank is the preferred method of treatment or at least a tank under the privy.

  1. A site design must be submitted by a licensed designer;
  2. The privy is in a remote area with a minimum lot size of one (1) acre;
  3. Must not be located within a floodplain, shoreland or on hydric soils as indicated by the NRCS Soil Survey for Lake of the Woods County;
  4. The privy shall be located at least 100 feet from any existing well; and,
  5. If a tank is installed under the privy it shall meet setbacks as specified in Section 5.9 of this Ordinance and the Lake of the Woods Zoning Ordinance.

5.8       2011 MN Rule Elements

5.8.1    Sewage Tanks Capacity

Liquid Capacity of Septic Tanks
# of BedroomsSeptic Tank Capacity (Gallons)With a Garbage Disposal and/or Pump (Gallons)
3 or less10001500
4 or 515002250
6 or 720003000
8 or 925003750

5.8.2    Registered Products

Final Treatment and Dispersal, 7080.2150 including soil sizing Tables IX and IXa.

5.8.3    Trench and Seepage Bed Design, 7080.2210, Subp 4D

The minimum depth of soil cover, including topsoil borrow, over the distribution medium is twelve (12) inches.

5.9       Technical Differences in Ordinance from 2011 MN Rules 7080 and 7081

The following is a list of the technical differences.

  1. Alternative Local Standards “ALS” Vertical Separation, (reference 5.3 and 8.2).
  2. Location where Alternative Local Standards are prohibited, (reference 5.32).
  3. 2006 MN Rules used as Alternative Local Standards
    1. Pressure lateral spacing, defined in 2006 Minnesota Rules 7080.0150, Subp 3F;
    2. Clean outs on ends of pressure laterals, as stated in 2011 Minnesota Rules 7080.2050, Subpart 4, item J, are not mandatory however, highly recommended;
    3. Flow measurement when a pump is installed, is not required in 2006 Minnesota Rules; therefore, the 2011 Minnesota Rules Sections 7080.2210, 2220, 2230, 2240, 2270, and 2300 concerning flow measurements is not mandatory.
    4. Should technical differences exist that are not listed in the 2011 Minnesota Rule elements, (reference Section 5.1), the 2006 Minnesota Rules Chapter 7080 provisions shall prevail.

5.10     Minimum Setback Distances for Sewage Treatment Systems

Minimum Setback Distances (feet) for Sewage Treatment Systems
FeatureSewage tank, holding tank, or sealed privyAbsorption area or unsealed privy
Water supply Wells (Deep Well)5050
Water supply Wells with less than 50 feet of casing (Shallow well)100100
Buried water lines – suction5050
Buried water lines-under pressure1010
Buried lines – electric line, LP tank, gas pipe1010
Occupied Buildings1020
Property lines1010
OHWL of public waters  
–          General Development Lake(Lake of the Woods)5050
–          Agricultural and Tributary River Segments100100
–          Forested River Segments150150
–          Remote River Segments200200

5.10.1  Administrative Allowance

The Department may administratively, without a variance according to Section 9 of this Ordinance, allow a lesser setback in the following circumstances:

  1. A lot line setback where no feasible alternative exists and the landowner and adjacent landowner(s) enter into a Reduced Setback Agreement which attests to the location of the property line or a certified survey establishes the property line.The Reduced Setback Agreement document is available upon request from the Department.
  2. For River Segments, identified in Section 503 of the Lake of the Woods County Zoning Ordinance, where no feasible alternative exists as determined by a licensed designer and confirmed by the Department, the following Ordinary High Water Mark (OHWM) setback may apply:
    1. Agricultural – 75 feet
    2. Forested – 100 feet
    3. Remote – 150 feet
    4. Tributary – 75 feet

All other deviations from the setback requirements must be approved by a variance according to Section 9 of this Ordinance.

5.11     Federal Regulations Code 40, Part 503 and MPCA Septage Management

Guidelines #4.20 for Septage Disposal and Treatment

Minimum Separated Distances from the Land Application Site
Separation Distances in Feet
FeatureSlopeSurface AppliedIncorporated within 48 hoursInjected
Private drinking water supply wells 200200200
Public drinking water supply wells 100010001000
Irrigation wells 502525
Residences 200200100
Residential Developments 600600300
Public Contact Sites 600600300
Property Lines 505050
Public Road Right of Ways 505050
Lakes* 100010001000
Minimum Separated Distances from the Land Application Site
Separation Distances in Feet
Rivers and Streams* 300300300
Down gradient wetlands,Intermittent streams, or tile Inlets connected to these surface water features*Slope 0% to 6%Slope 6% to 12%Winter 0% to 2%200Not allowed60050100Not Applicable50100Not Applicable
Grassed Water WaysSlope 0% to 6%1003333

Lakes, rivers and streams: Septage shall not be land spread in designated shoreland management areas as identified in the “Lake of the Woods County Zoning Ordinance”. Intermittent stream means a drainage channel with definable banks that provides for runoff flow to any of the surface waters listed in the above table during snow melt or rainfall events.

SECTION 6       SSTS PERMITS AND PLANS

6.1       SSTS Permits Required

It is unlawful for any person to construct, install, modify, repair or replace a SSTS without the appropriate Land Use Permit from the Department. The issuing of any permit, variance, or conditional use permit under the provisions of this Ordinance shall not absolve the applicant of responsibility to obtain any other required permit.

6.2       Activities Requiring a SSTS Permit

All contractors, property owners or other persons having charge of the SSTS construction, replacement (including tanks and dispersal systems), repair, or modification of components of SSTS, shall obtain a Land Use Permit from the Department prior to starting construction. Land Use Permits shall be granted upon receipt of a completed application.

6.3       Activities Not Requiring a SSTS Permit

A Land Use Permit is not required for minor repairs or replacements of system components that do not alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function.

6.4       SSTS Permit Requirements

For development in the jurisdictional areas of the County, a valid SSTS Land Use Permit for a new system and/or Certificate of Compliance for the existing SSTS must be submitted to the Department prior to approval and issuance of any Building Land Use Permit, variance or Conditional Use Permit.

6.5       SSTS Permit Applications

Land Use Permit applications shall be made on forms provided by the Department and signed by the applicant or an authorized agent. The application shall include but is not limited to the information and documents listed in items A through E below. A complete application shall be examined and approved or denied by the Department.

  1. Name, mailing address, telephone number, (and email address if available.)
  2. Property Identification Number (PIN), address, or other description of property location.
  3. Site Evaluation Report, including soil analysis and verification utilizing at least three (3) soil observations made in exposed pits or by hand auger/probe prior to construction. The depth to the periodically saturated soil shall be determined by parameters set in Section 5 of this Ordinance. The soil verification shall be made by a qualified employee or licensed inspection business authorized by the Department. The soil boring log with soil verification signature shall be submitted with design by contractor to the Department.
  4. Design Reports, as-built drawings, operating permits and any documents described in Minnesota Rules, Chapter 7080.0110-7080.0115.
  5. Management Plan (see Section 7 of this Ordinance).

6.6       Permit Application Review

The Department shall review the Land Use Permit application, supporting documentation and site design in order to determine if a complete application has been submitted. The Department shall notify the applicant and/or site designer within fifteen (15) business days if an incomplete application has been submitted and state the reasons of incompleteness.

Upon determining a complete application has been submitted, the Department shall issue a permit in compliance with Minnesota Statute 15.99, authorizing the construction of the SSTS as per the submitted site design. In the event the applicant and/or site designer makes a significant change to the approved application, the applicant or site designer must file an amended application and/or site design with the Department detailing the changed conditions for approval prior to initiating or continuing construction, modification, or operation for consideration. The Department shall complete the review of the amended application within fifteen (15) business days of receipt of the amended application and notify the applicant and/or site designer of the approval in compliance with Minnesota Statute 15.99.

If the Land Use Permit application, supporting documents and site design do not meet the requirements of this Ordinance, the Department shall deny the application and state the reason(s) for denial in compliance with Minnesota Statute 15.99.

The Department may suspend or revoke an issued Land Use Permit under this Section for any false statements, misrepresentation of facts on which the permit was issued, or unauthorized changes to the system design that alter the original function, treatment capacity, location, or otherwise change the original system’s design, layout, or function. A Notice of Suspension or Revocation, and the reasons for the suspension or revocation, shall be conveyed in writing to the permittee. If suspended or revoked, installation or modification of a system may not commence until a valid permit is obtained.

6.7       Permit Expiration

The Land Use Permit shall expire one (1) year from the date of approval unless a written extension for extenuating circumstances is granted by the Department. Such extension shall not exceed a period of one (1) year. No more than one (1) extension may be granted from any Land Use Permit.

6.8       Transferability

The approved Land Use Permit may be transferred, as long as it has not expired, to the new property owner provided the site design and conditions of the Land Use Permit are met.

6.9       Operating Permits

An Operating Permit shall be required of all owners of new holding tanks, Type IV, Type V and MSTS.

SECTION 7       MANAGEMENT PLANS

7.1       Purpose

The purpose of a Management Plan is to describe how a particular SSTS is intended to be operated and maintained to sustain the required performance. The Management Plan must be provided by a licensed designer to the system owner prior to the system being commissioned.

7.2       Management Plan Requirements

Management Plans are required for all new or replacement SSTS. The Management Plan shall be submitted to the Department with the site design for review and approval.

7.3       Management Plan Contents

Management Plans shall include the following:

  1. Operating requirements describing tasks that the owner can perform and tasks that a licensed maintainer must perform;
  2. Monitoring requirements;
  3. Maintenance requirements, including maintenance procedures and a schedule for routine maintenance;
  4. Disclosure of the location of the additional soil treatment area(s) on the property; and
  5. Other requirements as determined by the Department.

7.4       Requirements for Systems Not Operated Under a Management Plan

An SSTS that is not operated under  management plan or operating permit must have treatment tanks inspected and provide for the removal of solids, if needed, every three (3) year. Solids must be removed when their accumulation meets the limit described in Minnesota Rules, Chapter 7080.2450.

SECTION 8       COMPLIANCE INSPECTIONS

8.1       Compliance Inspection Program

It is the responsibility of the Department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this Ordinance are met.

  1. SSTS Compliance Inspections are performed:
    1. To ensure compliance with applicable requirements;
    2. To ensure system compliance within the designated shoreland areas of the County, prior to issuance of a Land Use Permit, variance or a conditional use permit. The County may temporarily waive the Certificate of Compliance requirement during the period from November 1st  to May 31st  with provisions for that a compliance inspection is to be conducted and submitted to the Department no later than July 31st  of the following year;
    3. To ensure system compliance outside of the designated shoreland areas of the County, prior to issuance of a Land Use Permit for a bedroom addition, variance or a conditional use permit. The County may temporarily waive the Certificate of Compliance requirement during the period from November 1st  to May 31st  with provisions for that a compliance inspection is to be conducted and submitted to the Department no later than July 31st  of the following year;
    4. For all new SSTS construction or replacement (including privies);
    5. For existing system upgrades, repair or modifications;
    6. To ensure compliance prior to issuance of a Land Use Permit for the addition of a bedroom on properties served by an SSTS; and
    7. Any time the Department deems appropriate, such as, upon receipt of a written and signed complaint or other reliable notice of a system malfunction.
  2. All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees with jurisdiction.
  3. The Department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph, “property” does not include a residence or private building.
  4. No person shall hinder or otherwise interfere with the Department’s employees in the performance of their duties and responsibilities pursuant to this ordinance. Refusal to allow reasonable access to the property by the Department shall be deemed a separate and distinct offense.

8.1.1    Existing Systems

  1. Compliance inspections shall be required when any of the following conditions occur:
    1. When a Land Use Permit is required to repair, modify, or upgrade an existing system;
    2. When there is a change in the use of the property being served by an existing SSTS which may impact the performance of the system;
    3. Prior to issuance of a Land Use Permit within the designated shoreland areas, variance or conditional use permit request; or
    4. Prior to issuance of a Land Use Permit for a bedroom addition, variance or conditional use permit request outside the designated shoreland areas; or
    5. As required by this Ordinance, or as deemed appropriate by the Department, such as, upon receipt of a written and signed complaint or other reliable notice of a system malfunction.
  2. Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by MPCA.
  3. If the SSTS is determined not to be in compliance with the applicable requirements, a Notice of Noncompliance must include a statement specifying those requirements with which the SSTS does not comply. SSTS that are deemed an ITPHS shall be upgraded within ten (10) months of the date of issuance of the Notice of Noncompliance and a SSTS that is deemed a failing system shall be upgraded within two (2) years of the date of issuance of the Notice of Noncompliance. The Certificate of Compliance or Notice of Noncompliance shall be provided to the property owner or owner’s agent and the original Certificate of Compliance or Notice of Noncompliance shall be submitted with the compliance inspection to the Department by the licensed inspector conducting the inspection within (15) business days after the date the inspection was performed.
  4. Certificates of Compliance for existing SSTS shall remain valid for (3) years from the date of issue unless the Department finds evidence of a failing system or an ITPHS.

8.1.2    New Construction or Replacement

Compliance inspections must be performed on new or replacement SSTS during construction and installation of a SSTS before it is covered with soil, unless acceptable photographs or video documentation are provided, to determine compliance with Minnesota Rules, Chapters 7080 or 7081.

  1. It shall be the responsibility of the SSTS owner or the owner’s agent to notify the Department to arrange for the inspection.
  2. The Certificate of Compliance must include a certified statement by the licensed inspector who conducted the inspection that the SSTS is or is not in compliance. If the SSTS is determined not to be in compliance with the applicable requirements, a Notice of Noncompliance shall be issued to the owner by the Department which includes a statement specifying those requirements with which the SSTS does not comply.
  3. The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than (15) business days after the date the inspection was performed.
  4. The Department shall deliver the Certificate of Compliance or the Notice of Noncompliance to the owner or the owner’s agent with ordinance provisions of noncompliance.
  5. Certificates of Compliance for new construction or replacement shall remain valid for (5) years from the date of issue, unless the Department finds evidence of a failing system or an ITPHS.

8.2       “ALS” Vertical Separation for Existing SSTS

A SSTS installed prior to April 1, 1996, outside of protected areas designated as floodplain, shoreland, wellhead protection, or areas where SSTS provide sewage treatment for food, beverage, or lodging establishments shall have at least two (2) feet of vertical separation between the bottom of the dispersal system and seasonal saturation or bedrock per Minnesota Rules 7080.0060 Subpart 3. Existing systems with less than two (2) feet vertical separation in these areas may fail to protect groundwater and shall be upgraded, replaced, or its use discontinued within two (2) years of the date of issuance of the Notice of Noncompliance or if determined to be an ITPHS in accordance with Minnesota Rules, Chapter 7080.1500, Subpart 4(A), it shall be upgraded, replaced, or its use discontinued within (10) months of the date of issuance of the Notice of Noncompliance.

8.3       Vertical Separation Flexibility

In accordance with the 2011 Minnesota Rules 7080.1500, Subpart 4D, a reduced vertical separation for existing systems is allowed for SSTS that were designed with at least a three (3) foot vertical separation distance. The maximum of fifteen (15) percent reduction (a separation distance no less than 30.6 inches) is only allowed, to account for settling of sand or soil, normal variation of measurements, and interpretations of the limiting layer conditions. The vertical separation measurement shall be made outside the area of system influence but in an area of similar soil.

A system designed with “ALS” vertical separation is not allowed the fifteen (15) percent reduction.

8.4       Disclaimer

Neither the issuance of the Land Use Permits, Certificates of Compliance, or Notices of Noncompliance as requested or issued shall be construed to represent a guarantee or warranty of the system’s operation or effectiveness. Such certificates signify that the system in question is or has been designed and installed in compliance or noncompliance with the provisions of these standards and regulations.

SECTION 9       VARIANCES

9.1       Variance Requests

An affected property owner may request a variance from the standards and provisions as specified in this Ordinance and may be requested pursuant to the procedures and requirements as outlined in Section 1203 of the Lake of the Woods County Zoning Ordinance. Variances to decrease the vertical separation required beneath the distribution medium and the saturated soil or bedrock must be approved by the MPCA as per the procedures contained in Minnesota Rules Chapter 7080.0305, Subpart 3. Variances to wells and water supply lines require approval from the Minnesota Department of Health.

9.1.1  Criteria

An application may be made, and a variance may be granted by the Lake of the Woods County Board of Adjustment pursuant to the provisions of Minnesota Statute Section 394.27, when the applicant/owner establishes the existence of all the following criteria:

  1. The granting of the variance will be in harmony with the general purpose and intent of this Ordinance and consistent with the comprehensive plan;
  2. The property owner is proposing to use the property in a reasonable manner;
  3. The condition causing the practical difficulty is unique to the property;
  4. The practical difficulty was not caused by the actions of the landowner;
  5. The variance, if granted, will not alter the essential character of the locality;
  6. The granting of the variance is not based solely on economic considerations.

The Board of Adjustment must make finding on all of the six criteria listed above in order to grant or deny a variance. The applicantrequesting a variance has the burden of proof to show that all of the criteria listed above have been satisfied.

The Board may impose conditions upon a variance that relate to the purposes and objectives of this Ordinance. If conditions are imposed, the variance shall not be effective until the conditions are fully complied with. A conditional variance shall be in effect only as long as the condition is complied with. If a condition is not complied with, the variance may be revoked by the Board of Adjustment at its next meeting with public notice and the County may pursue the enforcement remedies set forth in Section 10.2 of this Ordinance.

9.1.2 Expiration

A variance shall expire and be considered null and void one (1) year after the Board of Adjustment’s final decision to grant the variance, unless a longer timeframe is specified as a condition upon approval, if not acted upon by the applicant or his/her assigns within that time.

9.2       Board of Adjustment

The Lake of the Woods County Board of Adjustment has been established by the Lake of the Woods County Zoning Ordinance and is invested with such authority as provided by Minnesota Statute 394.27 and all acts amendatory thereof and as is hereinafter provided:

The Board of Adjustment shall have the exclusive power concerning the following:

  1. To grant variances from the strict enforcement of the standards and provisions prescribed by this Ordinance. Variances shall only be granted upon the criterion prescribed in Section 9.11of this Ordinance;
  2. To hear and decide any appeal from an order, requirement, decision, or determination made by the Department;
  3. All decisions by the Board of Adjustment in granting variances, or in hearing any appeals from an administrative order, requirement, decision, or determination shall be final except that any aggrieved person, department, agency, Board or Commission shall have the right to appeal to District Court within thirty (30) days after receipt of the notice of decision made by the Board of Adjustment.

9.3       Agency Notification

The County must notify the MPCA at least ten (10) days prior to any public hearing involving a variance request that pertains to the standards contained in this Ordinance.

SECTION 10     ENFORCEMENT

10.1     Violations

10.1.1 Cause to Issue a Notice of Violation

Any person, firm, agent, or corporation who violates any of the provisions of this Ordinance, or who fails, neglects, or refuses to comply with the provisions of this Ordinance, including violations of conditions and safeguards, including the requirements for the system to be upgraded, replaced or its use discontinued, or who knowingly makes any material false statement or knowing omission in any document required to be submitted under the provisions hereof, may be guilty of a misdemeanor and upon conviction thereof, shall be punished by such penalties and fines provided by law.

10.1.2 Interference with Department Access or Administration/Enforcement Prohibited

The Department shall be given access to enter a property without prior notice at any reasonable time to inspect and/or monitor the SSTS for any reason the Department deems necessary. As used in this paragraph, “property” does not include a residence or private building.

No person shall hinder or otherwise interfere with the Department’s employees in the performance of their duties and responsibilities pursuant to this Ordinance. Refusal to allow reasonable access to the property by the Department shall be deemed a separate and distinct offense.

10.1.3 Notice of Violation

The Department shall serve, in person or by mail, a Notice of Violation to any person determined to be violating provisions of this Ordinance. The Notice of Violation shall contain:

  1. A statement documenting the findings of fact determined through observations, inspections, or investigations;
  2. A list of specific violation(s) of this Ordinance
  3. Specific requirements for correction or removal of the specified violation(s);
  4. A mandatory time schedule for correction, removal and compliance with this Ordinance.

10.1.4 Cease and Desist Orders

Cease and Desist Orders (CDO) may be issued when the Department has probable cause that an activity regulated by this Ordinance is being or has been conducted without a Land Use Permit or is in violation of an issued Land Use Permit, or requires a variance or is in violation of the approved variance. When work has been stopped by a CDO, the work shall not resume until the violation has been corrected, any administrative fees paid, and the CDO rescinded.

10.1.5 After-the-Fact Fees

Any application for a Land Use Permit that is made after the work has commenced and which required a Land Use Permit or is done in violation of a permit shall be charged an “after- the-fact” fee in accordance with the Lake of the Woods County Fee Schedule.

10.1.6 Reimbursements for Restoration

The Department may require correction and/or restoration of the property to its original state should the application for a permit be denied or if the action permitted does not include all or part of the work commenced prior to approval of said Land Use Permit. The Department may recover costs incurred in removal or abatement in a civil action; or at the discretion of the County Board, the costs of an enforcement action under this Ordinance may be assessed and charged against the real property on which the public health nuisance was located. The County Auditor/Treasurer may extend the costs as assessed and charged on the tax roll against said real property.

10.2     Prosecution

In the event of a violation or threatened violation of this Ordinance, the County may seek other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct or abate such violations or threatened violations, including any criminal prosecution and the County Attorney shall have authority to commence such civil action. The Department and County Attorney may take such actions as may be necessary to enforce the provisions of this Ordinance.

SECTION 11     FEES

From time to time, the County Board shall establish fees for activities undertaken by the Department pursuant to this Ordinance. Fees shall be due and payable at a time and in a manner to be determined by the Department.

SECTION 12 ADOPTION AND EFFECTIVE DATE

The Lake of the Woods County Subsurface Sewage Treatment System Ordinance is hereby adopted by the Lake of the Woods County Board of Commissioners on the 27th day of May, 2014.

Chairperson, Lake of the Woods County Board of Commissioners

ATTEST: _________________________________________________________

County Auditor/Treasurer, Lake of the Woods County

EFFECTIVE DATE:  June 1, 2014

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

The County Board thanked Land and Water Planning Director, Josh Stromlund and the Planning Commission for all their time and hard work put into this project.

LAND ACQUISITION

Mike Reed, from Reed Realty met with the board to discuss a land acquisition. The county has been looking at land for expansion for the Land Fill. Mike explained that this property is next to State Land, and the total acres are 160, at $600 per acre.

Motion

Motion was made by Commissioner Hanson to authorize Vice-Chair Arnesen to sign all necessary paperwork for the purchase of this land in the amount of $96,000 and  other associated fees with closing with the funding from the unallocated account contingent approval by County Attorney, James Austad. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

CLOSED SESSIONS

The following resolution was offered by Commissioner Hanson to close the regular meeting at 11:20a.m. and opened the closed sessions as follows:

RESOLUTION CLOSING BOARD MEETING

2014-05-02

            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, in ANIP Acquisition Company vs. County of Lake of the Woods, Case No. 39-CV-12-86 and 39-CV-13-116, the plaintiff has filed an action in Minnesota Tax court, contesting the valuations of real property owned in Lake of the Woods County; and

WHEREAS, the Lake of the Woods County Attorney has informed the Lake of the Woods County Board that there have been developments in the settlement negotiations; and

WHEREAS, the Lake of the Woods County Board also needed to address past and potential future litigation involving non-conforming property with the Lake of the Woods County Attorney and the Lake of the Woods Land and Water Planning Director; and

            WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss pending and future litigation; and

            WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

            WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the litigation and potential settlement in order to maintain the attorney-client privilege.

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

  1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b);
  2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Tax Court action, past and future litigation involving Land and Water Planning, and any settlement proposals which may be made by or responded to by the Lake of the Woods County Board.

Motion

Motion was made by Commissioner Hanson to close the closed session and open the regular meeting at 12:04 p.m. The motion was seconded by Commissioner Norldof and the same being put to a vote, was unanimously carried.

Recess

With no further business before the board, Vice-Chair Arnesen called the meeting to recess at 12:05 p.m.

Attest:                                                                                     Approved: June 10, 2014

________________________                                                _________________________________

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

May, 2013

Commissioner Proceedings

May 14, 2013

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 14, 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, Buck Nordlof and Ken Moorman.  Also present were: Chief Deputy Auditor, Lorene Hanson, 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: Joint Powers Natural Resource Board, GCN stove, cigarette license, Hilesman & Wold PA, Auditor/Treasurers committee appointment, authorization to advertise and hire part-time dispatchers. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Arnesen to approve the consent agenda as follows: Travel for Mary Jo Otten, Dawn Christianson, Joy Lindquist and Peder Hovland to Alexandria on June 3-6 for MCCC Conference; Tom Hanson to International Falls on May 2 for Rainy River Spring Fishing Season 2013 Wrap Up; Mark Hall to Grand Rapids  on June 25-28 for MACO 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 April 23, 2013, regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SHERIFF

County Sheriff, Gary Fish met with the board requesting authorization to advertise and hire for part-time dispatchers.

Motion

Motion was made by Commissioner Arnesen to authorize County Sheriff to advertise and hire part-time dispatchers. The motion was seconded by Commissioner Beckel 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          $13,425.85

                                                Commissioners’ Warrants          $26,012.64

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

Interning Social Worker

Social Services Director, Nancy Wendler, met with the board to inform them that the office will have an intern Social Worker working for them this summer.

COUNTY AUDITOR

Government Center North Building- Stove

Chief Deputy Auditor, Lorene Hanson and Social Service Director, Nancy Wendler met with the board to discuss the stove at the Government Center. Nancy informed the board that the burners are not heating properly. The consensus of the board was to have the burners fixed.

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                                $   49,457.33

Road & Bridge                     $    25,863.59

Co. Devel                             $      1,280.00

Solid Waste                          $    24,817.55

EDA                                     $     5,260.00

                                            $   106,678.47

WARRANTS FOR PUBLICATION

Warrants Approved On 5/14/2013 For Payment 5/17/2013

Vendor Name                                                           Amount

Arnesen/Ed                                                                      4,750.00

Cenex Co-Op Services, Inc.                                           4,731.07

Hasler                                                                              4,000.00

LOW County Treasurer                                                   4,673.82

LOW Highway Dept                                                         5,437.50

Mar-Kit Landfill                                                                 9,113.40

Marco                                                                                9,874.61

Northwest Community Action, Inc                                 3,560.00

Powerplan                                                                        5,849.38

Vanguard Appraisals, Inc                                               6,575.00

Woody’s Service                                                             4,105.39

Ziegler, Inc                                                                       3,691.87

87 Payments less than 2000    40,316.43

Final Total:   106,678.47

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

                                                   April 23, 2013                   $       2,617.21

                                                   May 3,    2013                   $   113,505.11

                                                   May 3,    2013                   $            10.26

                                                   May 7,    2013                   $    179,004.43

                                                   May 8,    2013                   $      44,316.08  

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

Mn Extension Community Nutrition

Community Nutrition Educator, Sunny Dorrow met with the board and reviewed the 2012-2013 Community Nutrition Report with the board.

Wetland Mitigation –Williams Creek Conference Call

Conference Call

Chairman Hanson introduced the Lake of the Woods County Commissioners’ to the Interagency Review Team for the Williams Creek Wetland Mitigation site by conference call. Land and Water Planning Director, Josh Stromlund was a participant at the Williams Creek Wetland Mitigation meeting in St. Paul and presented a presentation on the Williams Creek Wetland Mitigation Site, historical perspective to present day to the interagency review team.

RECESS

The meeting was called to recess at 12:45 p.m. and reconvened at 1:45 p.m. as follows:

Amend Agenda for Addition for Action

Motion was made by Commissioner Moorman to amend the agenda and add Brink Center basement repair to the agenda. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

DNR Forestry-Prescriptive Easement

Prescriptive Easement

Northwest Region Director, Lori Dowling and Road Easement Coordinators Jerry Bourbonnais met with the board and informed the board that the DNR will be conducting a Prescriptive Easement Project in Lake of the Woods County and once complete that they will hold a public hearing around August 1, 2013 and notifying all effective land owners prior to the Public Hearing.

PUBLIC WORKS

1994 Dodge Dakota Pickup

Public Works Director, Tim Erickson met with the board requesting authorization to sell the 1994 Dodge Dakota Pickup by closed bids.

Motion

Motion was made by Commissioner Moorman to authorize Public Works Director, Tim Erickson to sell by closed bids the 1994 Dodge Dakota Pickup. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Nuisance Beaver Policy

Public Works Director, Tim Erickson met with the board and reviewed the revised 2013 Nuisance Beaver Policy.

Motion

Motion was made by Commissioner Moorman to approve the updated 2013 Nuisance Beaver Policy effective May 14, 2013. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Enhanced 911 Ordinance

Public Works Director, Tim Erickson met with the board to review the draft Enhanced 911 ordinance. No action was taken at this time.

SURVEYOR

County Surveyor, Donn Rasmussen met with the board to review the new application of PLLS Corner Monumentation Reimbursement form.

Motion

Motion was made by Commissioner Arnesen to adopt the application for PLSS Corner Monumentation Reimbursement form contingent upon the approval of County Attorney, Philip Miller and to establish a monumentation fund with funding of $15,000 from the Environmental Natural Resource account. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

ASSESSOR

County Assessor, MaryJo Otten met with the board to inform them that ANI Pharmaceutical filed a tax court petition against Lake of the Woods County Assessor.  

BORDER CROSSING FEES

Chairman Hanson discussed the proposed border crossing fees that the Homeland Security and Border Protection are proposing for their 2014 Fiscal Year budget.

Resolution

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

Resolution in Opposition for Border Crossing Fees

Resolution No. 13-05-01

WHEREAS; United State Department of Homeland Security is proposing a fee to be assessed on passengers and pedestrians crossing from Canada into the United States at land crossings;

WHEREAS; this proposal would have a significant economic impact for Lake of the Woods County and would cause hardship to our local residents that depend on cross border travel;

WHEREAS; there has been some suggestion that the toll would be used to offset the cost of increased security measures for Homeland Security and Border Protection;

WHEREAS; Homeland Security and Border Protection are National Priorities that benefit the entire country, their cost should not be placed just on border crossing communities;

NOWTHEREFORE, BE IT RESOLVED; that Lake of the Woods County Board of Commissioners is strongly in opposition to the proposal in the Department of Homeland Security 2014 Fiscal Year budget request.

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

COUNTY AUDITOR

Oak Harbor

Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for Klatte Golf Limited Ptshp, DBA Oak Harbor Golf Course for a Seasonal On/Sale Sunday Liquor License.

Motion

Motion was made by Commissioner Beckel to approve the Seasonal On-Sale/Sunday Liquor License for Klatte Golf Limited Ptshp, DBA Oak Harbor Golf Course (license period of April 15-Oct. 15), effective May 14, 2013 thru October 15, 2013. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Union Contracts

Chief Deputy Auditor, Lorene Hanson met with the board requesting authorization for signatures for the 2013 Solid Waste Labor Agreement and the Highway Departments Union contract for 2013, 2014 and 2015.

Motion

Motion was made by Commissioner Arnesen to authorize Chairman Hanson, County Auditor, John W. Hoscheid and County Attorney Philip Miller to sign the 2013 Solid Waste Labor Agreement and the 2013, 2014 and 2015 Highway Departments Labor Agreement. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Cigarette License

Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for a cigarette license for Renne L. Padget.

Motion

Motion was made by Commissioner Moorman to approve the cigarette license for Renne L. Padget, DBA Dick’s Headshop beginning May 15, 2013 thru June 30, 2014. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Lawful Gambling Permit

Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for Triple A Booster Club to hold a raffle on October 11, 2013.

Motion

Motion was made by Commissioner Hanson to approve the exempt gambling permit for Triple A Booster Club on October 11, 2013 to conduct a lawful gambling for a raffle at Lake of the Woods School and authorize County Auditor to sign. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Hilesman & Wold PA

Chief Deputy Auditor, Lorene Hanson met with the board and informed them that Darci from Hilesman & Wold PA would be able to meet with the board on June 4, 2013 at 8:00 a.m. to review the MN Health Reform Act.

Motion

Motion was made by Commissioner Moorman to set June 4, 2013 for a work session to meet with Darci from Hilesman & Wold PA to review the MN Health Reform Act and to authorize payment up to $3,700 from the revenue unallocated fund. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Joint Powers Natural Resource Board

Commissioner Nordlof informed the board that the Joint Powers Natural Resource board encourages the counties to pass a resolution of support for the Nomination of Larry Kramka to the US Environment Protection Agency and pass a resolution requesting that the 2013 MN Legislature modify the language under MN Statue 84A for all entities to follow the language under MN Stat. §103E, in regard to ditch assessments.

Resolutions

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

Resolution in Support of Nomination of Larry Kramka

Resolution No. 13-05-02

WHEREAS; the United Sates Environmental Protection Agency is in search of experts to review how man made ditches can possibly connect wetlands to navigable waters, and;

WHEREAS; this study could result in broader regulation of earthwork projects related to road construction and farmland drainage projects by the US Army Corps of Engineers, and;

WHEREAS; Lake of the Woods County requests input on this decision process, and;

WHEREAS; Larry Kramka from Houston Engineering has the proper background and is willing to participate on this panel of experts to be selected by the EPA;

THEREFORE, BE IT RESOLVED; that Lake of the Woods County supports the nomination and acceptance of Larry Kramka-Environmental Service Sector Lead for Houston Engineering in Maplewood, MN.

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 in Support for All Entities to Pay Ditch Assessments

Resolution No. 13-05-03

WHEREAS; Minnesota Statutes § 103E allows for a drainage authority to levy an assessment for repairs to a ditch system, and;

WHEREAS; Minnesota Statute § 84A allows the DNR Commissioner other methods to decide if payment should be made to a ditch system, and

WHEREAS; these two laws do not work together as assessments can only be made following language under Minnesota Statute §103E but no payment is made due to language under Minnesota Statute § 84A;

NOW THEREFORE, BE IT RESOLVED; that Lake of the Woods County Board of Commissioners strongly requests the 2013 Minnesota Legislature to modify the language under Minnesota Statue § 84A as suggested by Representative Dan Fabian and to allow for all entities to follow the language under Minnesota § 103E in regard to payment on ditch assessments;

BE IT FURTHER RESOLVED, that Lake of the Woods Board of Commissioners requests that the legislature direct the DNR to pay all past amounts assessed to their lands in prior years that have not been paid.

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

BRINK CENTER

John Oren, President of the Brink Center met with the board requesting funding from the Senior Citizen Center for repair for the Brink Centers Basement.

Motion

Motion was made by Commissioner Moorman to approve payment of $15,145 with half now and the balance when the job is complete to JLam Inc for the repair of the Brink Centers basement with the funding from the Senior Citizens account. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

AUDITOR/TREASURES COMMITTEE

Motion was made by Commissioner Beckel to appoint Commissioners Arnesen and Hanson and County Attorney, Philip Miller to the Auditor/Treasures Committee. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

CORRESPONDENCE

AMC District 2 meeting; 2013 MACO Legislative update; Inventory of Investments.

Recess

With no further business before the board, Chairman Hanson called the meeting to recess at 4:20 p.m.

Attest:                                                                                     Approved: May 28, 2013

____________________________                                        _______________________________

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

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

Commissioner Proceedings

May 28, 2013

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 28, 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, Buck Nordlof and Ken Moorman.  Also present were: Chief Deputy Auditor, Lorene Hanson, Deputy Auditor Janet Rudd, and John Oren.

Approval of Agenda

Motion

Motion was made by Commissioner Beckel to approve the agenda with the following additions: Representative Roger Erickson, Susan Stigen- drainage and pump issues, Calcium Chloride and to place Auditor and Treasurers Office under Old/New. 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 Nancy Wendler on June 4 in Bemidji for Hoarding Workshop and June 5 in Bemidji for AMC meeting; Josh Stromlund on May 28-29 for Williams Creek Mitigation meeting in St. Paul; Steve Sindelir on July 14-17 in Red Wing for MN Ag Inspector’s 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 Moorman to approve the minutes of May 14, 2013, regular meeting. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Committee Reports

Commissioner Beckel

  • Tourism Meeting- May 8
  • Extension Committee, May 13
  • Airport Commission, May 20

Commissioner Moorman

  • HRDC- April 18
  • Joint Powers Natural Resource, April 29
  • State Advisory Council on Mental Health, May 2
  • L/Woods Prevention Coalition, May 8
  • Local Advisory Committee on Mental Health, May 9
  • Aging Advisory  Council, May 16
  • HRDC Development Commission, May 16
  • Joint Counties Natural Resources, May 20

Representative Erickson

Chairman Hanson welcomed Representative Roger Erickson to the meeting. Representative Erickson updated the board on the 2013 legislative session:

  • Ditch Language
  • PILT Payment increase for Lake of the Woods County
  • CPA increase
  • School increase in revenue

Representative Erickson informed the board that he will work on Wetland issues this summer and the board requested him to look into the following:

  • Clementson Property
  • Wheelers Point Sewer District

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                      $  65,153.12

Road and Bridge        $  54,717.27

Co. Devlp.                   $       600.00

Solid Waste                 $    4,866.86

EDA                            $    1,264.19

                                    $126,601.44

              WARRANTS FOR PUBLICATION

Warrants Approved On 5/28/2013 For Payment 5/31/2013

Vendor Name                                                               Amount

American Solutions For Business                          2,814.80

Contech Engineered Solutions LLC                     40,250.85

Lakewood Health Center                                          2,563.58

M-R Sign Co, Inc                                                    12,090.13

NetWork Center Communications                        36,000.75

PCS Mobile                                                                6,983.17

Ps Doors                                                                    4,707.53

Short Elliott Hendrickson, Inc                                8,970.00

34 Payments less than  2000    12,220.63

Final Total:   126,601.44

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

                                                May 16, 2013              $     6,283.03

                                                May 16, 2013              $   12,243.35

                                                May 22, 2013              $ 648,623.31

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

Recess

The meeting was called to recess at 9:58 a.m. and reconvened at 10:04 a.m.

HRDC- Cliff Tweedale, Executive Director

NWA Summary Report

HRDC Executive Director, Cliff Tweedale met with the board and reviewed the NWA summary report.

Mcit

2012 Annual Report

MCIT Representative, Deb Sletten met with the board and reviewed the 2012 Annual Report.

Auditor

Chief Deputy Auditor, Lorene Hanson met with the board requesting the board to pass resolutions for legal sponsor for Cross County Border Snowmobile Trails for Northern Connection Trail and Lake of the Woods Border Trails.

Resolution

RESOLUTION AUTHORIZING SPONSORSHIP OF SNOWMOBILE TRAILS OPERATED BY LAKE OF THE WOODS COUNTY NORTHERN CONNECTION TRAIL

Resolution No. 13-05-4

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

WHEREAS, 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 maintenance of snowmobile trails managed by Northern Connection Trail, permit number 144-17-1302 for the period of October 1, 2013 thru September 30, 2017;

WHEREAS, that upon approval of its application by the state, 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 RESOLVED THAT, the County Board Chair or the County Auditor are authorized to sign such an agreement with the Department of Natural Resources;

BE IT FURTHER RESOLVED, that Lake of the Woods County Auditor is hereby authorized to serve as the fiscal agent for the above reference project.

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

Resolution

RESOLUTION AUTHORIZING SPONSORSHIP OF SNOWMOBILE TRAILS OPERATED BY LAKE OF THE WOODS COUNTY BORDER TRAILS.

Resolution No. 13-05- 5

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

WHEREAS, 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 maintenance of snowmobile trails managed by Lake of the Woods Border Trails, permit number 144-017-1301, for the period January 1, 2013 thru December 31, 2017;

WHEREAS, that upon approval of its application by the state, 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 RESOLVED THAT, the County Board Chair or the County Auditor are authorized to sign such an agreement with the Department of Natural Resources.

BE IT FURTHER RESOLVED, that Lake of the Woods County Auditor is hereby authorized to serve as the fiscal agent for the above reference project.

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

Lost Warrant

Chief Deputy Auditor, Lorene Hanson met with the board requesting the board to approve the application for a lost warrant for American Solution for Business.

Motion

Motion was made by Commissioner Beckel to approve the application and affidavit for lost warrant for American Solutions for Business dated March 29, 2012 for $763.30 without furnishing indemnifying bond. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Plat Books

Commissioner Arnesen discussed the current Plat Books that the county has and inquired if the board would be interested in updating the version. MIS Director, Peder Hovland informed the board that the books have not been updated in some time. The consensus of the board was to have MIS Director Peder Hovland to look into the cost of updating the County’s Plat Books and report back to the board.

Land AND WATER

Land and Water Planning Director, Josh Stromlund met with the board to discuss the Bostic Creek Bathymetric Survey grant. He informed the board that due to drought conditions occurring during the field sampling seasons in 2011 and 2012, Lake of the Woods County SWCD was not able to collect all of the water samples or conduct all of the water flow work defined in the grant. The Lake of the Woods County SWCD has elected to use the balance of the grant to focus more on the quantification of sedimentation aspects of the original grant and the balance of the grant will go to the installation of bank pins in selected stream channels and a bathymetric survey of Zippel Bay with a review of previous bathymetric surveys to determine recent sedimentation effects.

Motion

Motion was made by Commissioner Moorman to expend up to $4,000 from the Natural Resource Enhancement Fund for the Bathymetric Survey of Bostic Creek. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Social Services

Social Service Financial Officer, Christine Hultman met with the board requesting approval of claims.

Motion

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

Commissioner Warrants       $ 4,965.91

                                                     Commissioner Warrants       $22,031.95

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

Public Works

Public Works Director Tim Erickson and Susan Stigen met with the board to discuss the water that is backing up in her yard from the neighboring field that has placed drain tile and pumps. Tim informed Susan that they will be placing a gauge in her ditch, and when it hits a certain level the pumps will be shut off, they will monitor this and then set a management plan to fix the situation.

Bid Award for S.A.P. 39-602-18, Seal Coat and Fog Seal

Public Works Director, Tim Erickson met with the board to award the bid for the S.A.P. 39-602-18, Seal Coat and Fog Seal to Scott Construction in the amount of $273,217.54.

Bid Opening 05-24-13 at 2:00 p.m.

Bidders List SAP 039-602-018

Morris Sealcoat & Trucking Inc.         $286,039.30

Scott Construction Inc.                       $273,217.54

Motion

Motion was made by Commissioner Arnesen to award the bid for S.A.P. 39-602-18, Seal Coat and Fog Seal to Scott Construction in the amount of $273,217.54. The motion was seconded by Commissioner Nordlof and the same being put to a vote was unanimously carried.

Advertise for Box Culvert Installations

Public Works Director, Tim Erickson met with the board requesting authorization to advertise for bids for construction for box culverts.

Motion

Motion was made by Commissioner Beckel to authorize Public Works Director, Tim Erickson to advertise for bids for construction of S.A.P. 039-598-065 and S.A.P. 039-604-007, Box Culvert Installations, and to set June 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 Moorman and the same being put to a vote, was unanimously carried.

Road Tour

Public Works Director, Tim Erickson met with the board to review the 2013 Road Tour.

The following is what some possible projects are:

  • Couple ditches
  • No parking signs
  • Ditch issues
  • Culvert issues
  • Plugged drainage at Golf Course

Calcium Chloride Policy

Public Works Director, Tim Erickson met with the board to discuss the Calcium Chloride Policy. Tim informed the board that the policy the county has is only for roads, not parking lots.

Closed Session

Motion

Motion was made by Commissioner Arnesen to close the regular meeting at 11:56 a.m. pursuant to MN Statute § 13D.05, subd 2 and open the closed session. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Nordlof to close the closed session and open the regular meeting at 12:26 p.m. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Auditor/Treasurer Committee

Motion

Motion was made by Commissioner Moorman to add the position of Human Resource to the same committee that was appointed to the Auditor /Treasurer Committee. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Correspondence

None

Recess

With no further business before the board, Chairman Hanson called the meeting to recess at 1:19 p.m.

Attest:                                                                                     Approved: June 11, 2013

____________________________                                        _______________________________

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

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

Commissioner Proceedings

May 28, 2013

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 28, 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, Buck Nordlof and Ken Moorman.  Also present were: Chief Deputy Auditor, Lorene Hanson, Deputy Auditor Janet Rudd, and John Oren.

Approval of Agenda

Motion

Motion was made by Commissioner Beckel to approve the agenda with the following additions: Representative Roger Erickson, Susan Stigen- drainage and pump issues, Calcium Chloride and to place Auditor and Treasurers Office under Old/New. 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 Nancy Wendler on June 4 in Bemidji for Hoarding Workshop and June 5 in Bemidji for AMC meeting; Josh Stromlund on May 28-29 for Williams Creek Mitigation meeting in St. Paul; Steve Sindelir on July 14-17 in Red Wing for MN Ag Inspector’s 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 Moorman to approve the minutes of May 14, 2013, regular meeting. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Committee Reports

Commissioner Beckel

  • Tourism Meeting- May 8
  • Extension Committee, May 13
  • Airport Commission, May 20

Commissioner Moorman

  • HRDC- April 18
  • Joint Powers Natural Resource, April 29
  • State Advisory Council on Mental Health, May 2
  • L/Woods Prevention Coalition, May 8
  • Local Advisory Committee on Mental Health, May 9
  • Aging Advisory  Council, May 16
  • HRDC Development Commission, May 16
  • Joint Counties Natural Resources, May 20

Representative Erickson

Chairman Hanson welcomed Representative Roger Erickson to the meeting. Representative Erickson updated the board on the 2013 legislative session:

  • Ditch Language
  • PILT Payment increase for Lake of the Woods County
  • CPA increase
  • School increase in revenue

Representative Erickson informed the board that he will work on Wetland issues this summer and the board requested him to look into the following:

  • Clementson Property
  • Wheelers Point Sewer District

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                      $  65,153.12

Road and Bridge        $  54,717.27

Co. Devlp.                   $       600.00

Solid Waste                 $    4,866.86

EDA                            $    1,264.19

                                    $126,601.44

              WARRANTS FOR PUBLICATION

Warrants Approved On 5/28/2013 For Payment 5/31/2013

Vendor Name                                                               Amount

American Solutions For Business                          2,814.80

Contech Engineered Solutions LLC                     40,250.85

Lakewood Health Center                                          2,563.58

M-R Sign Co, Inc                                                    12,090.13

NetWork Center Communications                        36,000.75

PCS Mobile                                                                6,983.17

Ps Doors                                                                    4,707.53

Short Elliott Hendrickson, Inc                                8,970.00

34 Payments less than  2000    12,220.63

Final Total:   126,601.44

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

                                                May 16, 2013              $     6,283.03

                                                May 16, 2013              $   12,243.35

                                                May 22, 2013              $ 648,623.31

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

Recess

The meeting was called to recess at 9:58 a.m. and reconvened at 10:04 a.m.

HRDC- Cliff Tweedale, Executive Director

NWA Summary Report

HRDC Executive Director, Cliff Tweedale met with the board and reviewed the NWA summary report.

Mcit

2012 Annual Report

MCIT Representative, Deb Sletten met with the board and reviewed the 2012 Annual Report.

Auditor

Chief Deputy Auditor, Lorene Hanson met with the board requesting the board to pass resolutions for legal sponsor for Cross County Border Snowmobile Trails for Northern Connection Trail and Lake of the Woods Border Trails.

Resolution

RESOLUTION AUTHORIZING SPONSORSHIP OF SNOWMOBILE TRAILS OPERATED BY LAKE OF THE WOODS COUNTY NORTHERN CONNECTION TRAIL

Resolution No. 13-05-4

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

WHEREAS, 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 maintenance of snowmobile trails managed by Northern Connection Trail, permit number 144-17-1302 for the period of October 1, 2013 thru September 30, 2017;

WHEREAS, that upon approval of its application by the state, 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 RESOLVED THAT, the County Board Chair or the County Auditor are authorized to sign such an agreement with the Department of Natural Resources;

BE IT FURTHER RESOLVED, that Lake of the Woods County Auditor is hereby authorized to serve as the fiscal agent for the above reference project.

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

Resolution

RESOLUTION AUTHORIZING SPONSORSHIP OF SNOWMOBILE TRAILS OPERATED BY LAKE OF THE WOODS COUNTY BORDER TRAILS.

Resolution No. 13-05- 5

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

WHEREAS, 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 maintenance of snowmobile trails managed by Lake of the Woods Border Trails, permit number 144-017-1301, for the period January 1, 2013 thru December 31, 2017;

WHEREAS, that upon approval of its application by the state, 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 RESOLVED THAT, the County Board Chair or the County Auditor are authorized to sign such an agreement with the Department of Natural Resources.

BE IT FURTHER RESOLVED, that Lake of the Woods County Auditor is hereby authorized to serve as the fiscal agent for the above reference project.

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

Lost Warrant

Chief Deputy Auditor, Lorene Hanson met with the board requesting the board to approve the application for a lost warrant for American Solution for Business.

Motion

Motion was made by Commissioner Beckel to approve the application and affidavit for lost warrant for American Solutions for Business dated March 29, 2012 for $763.30 without furnishing indemnifying bond. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Plat Books

Commissioner Arnesen discussed the current Plat Books that the county has and inquired if the board would be interested in updating the version. MIS Director, Peder Hovland informed the board that the books have not been updated in some time. The consensus of the board was to have MIS Director Peder Hovland to look into the cost of updating the County’s Plat Books and report back to the board.

Land AND WATER

Land and Water Planning Director, Josh Stromlund met with the board to discuss the Bostic Creek Bathymetric Survey grant. He informed the board that due to drought conditions occurring during the field sampling seasons in 2011 and 2012, Lake of the Woods County SWCD was not able to collect all of the water samples or conduct all of the water flow work defined in the grant. The Lake of the Woods County SWCD has elected to use the balance of the grant to focus more on the quantification of sedimentation aspects of the original grant and the balance of the grant will go to the installation of bank pins in selected stream channels and a bathymetric survey of Zippel Bay with a review of previous bathymetric surveys to determine recent sedimentation effects.

Motion

Motion was made by Commissioner Moorman to expend up to $4,000 from the Natural Resource Enhancement Fund for the Bathymetric Survey of Bostic Creek. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Social Services

Social Service Financial Officer, Christine Hultman met with the board requesting approval of claims.

Motion

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

Commissioner Warrants       $ 4,965.91

                                                     Commissioner Warrants       $22,031.95

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

Public Works

Public Works Director Tim Erickson and Susan Stigen met with the board to discuss the water that is backing up in her yard from the neighboring field that has placed drain tile and pumps. Tim informed Susan that they will be placing a gauge in her ditch, and when it hits a certain level the pumps will be shut off, they will monitor this and then set a management plan to fix the situation.

Bid Award for S.A.P. 39-602-18, Seal Coat and Fog Seal

Public Works Director, Tim Erickson met with the board to award the bid for the S.A.P. 39-602-18, Seal Coat and Fog Seal to Scott Construction in the amount of $273,217.54.

Bid Opening 05-24-13 at 2:00 p.m.

Bidders List SAP 039-602-018

Morris Sealcoat & Trucking Inc.         $286,039.30

Scott Construction Inc.                       $273,217.54

Motion

Motion was made by Commissioner Arnesen to award the bid for S.A.P. 39-602-18, Seal Coat and Fog Seal to Scott Construction in the amount of $273,217.54. The motion was seconded by Commissioner Nordlof and the same being put to a vote was unanimously carried.

Advertise for Box Culvert Installations

Public Works Director, Tim Erickson met with the board requesting authorization to advertise for bids for construction for box culverts.

Motion

Motion was made by Commissioner Beckel to authorize Public Works Director, Tim Erickson to advertise for bids for construction of S.A.P. 039-598-065 and S.A.P. 039-604-007, Box Culvert Installations, and to set June 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 Moorman and the same being put to a vote, was unanimously carried.

Road Tour

Public Works Director, Tim Erickson met with the board to review the 2013 Road Tour.

The following is what some possible projects are:

  • Couple ditches
  • No parking signs
  • Ditch issues
  • Culvert issues
  • Plugged drainage at Golf Course

Calcium Chloride Policy

Public Works Director, Tim Erickson met with the board to discuss the Calcium Chloride Policy. Tim informed the board that the policy the county has is only for roads, not parking lots.

Closed Session

Motion

Motion was made by Commissioner Arnesen to close the regular meeting at 11:56 a.m. pursuant to MN Statute § 13D.05, subd 2 and open the closed session. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Nordlof to close the closed session and open the regular meeting at 12:26 p.m. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Auditor/Treasurer Committee

Motion

Motion was made by Commissioner Moorman to add the position of Human Resource to the same committee that was appointed to the Auditor /Treasurer Committee. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.

Correspondence

None

Recess

With no further business before the board, Chairman Hanson called the meeting to recess at 1:19 p.m.

Attest:                                                                                     Approved: June 11, 2013

____________________________                                        _______________________________

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

May, 2011

Commissioner Proceedings

May 10, 2011

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 10, 2011, in the Commissioners’ Room at the Government Center.

Work Session

County Attorney, Philip Miller met with the board at 8:00 a.m. and County Sheriff Dallas Block and Chief Deputy Sheriff Terry Bandemer met with the County Board at 8:15 a.m. for  work sessions.

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, Arnesen and Ken Moorman.  Also present were: County Auditor John W Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following changes: add County Attorney and ATV grant; and remove Emergency Management from agenda. The motion was seconded by Arnesen 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 for travel as follows:   Joy Lindquist to Alexandria on June 6-9 for MCCC Conference; Christine Hultman to Brainerd on June 22-24 for AMSSA Conference; Dale Boretski to St. Cloud, MN on May 24-26 for MAAO Summer Sessions; Lorene Hanson to St Paul on May 11-13 for MCIT Public Sector Training; Tim Erickson to Park Rapids on May 18-19 for District II and District IV meeting; Steve Sindelir to Alexandria on August 4-5 for Continuing Education for Septic System Licensure (This is a switch from the Forest Lake session).  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 26, 2011, regular meeting, with changes. 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 Todd Beckel to approve the following claims against the county:

                                                Commissioners’ Warrants           $ 13,587.30

                                                Commissioners’ Warrants           $ 20,324.40

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

Child Support Officers

Social Services Director, Nancy Wendler met with the County Board informing them that they hired Craig Severs for the vacant Child Support Officers position and informed the board that they are working on a contract for an interim Child Support Officer for support for the newly hired officer.

Policy

Social Service Director, Nancy Wendler presented a updated Applicant/Client Complaints or Grievances Policy to the board for their review.

County Auditor

County Auditor, John W. Hoscheid thanked Social Service Director, Nancy Wendler for allowing Social Services Financial Officer, Christine Hultman to be trained for payroll backup.

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                       $ 47,309.29   

                                                Road & Bridge             $ 15,056.09

                                                County Development   $      200.00

                                                Solid Waste                  $ 20,317.84

                                                                                     $ 82,883.22               

 WARRANTS FOR PUBLICATION

Warrants Approved On 5/10/2011 For Payment 5/13/2011

             Vendor Name                                        Amount

Andy’s Garage, Inc.                                     2,978.38

Auto Value Baudette                                     3,595.85

Cenex Co-Op Services, Inc.                       3,732.31

HASLER                                                         9,662.57

Johnson Auto & Machine                          14,014.46

Lakes Gas Co.                                              2,071.10

Low County Treasurer                                 4,265.57

Low Highway Dept                                       2,688.75

Mar-Kit Landfill                                           10,287.00

Vanguard Appraisals, Inc                            7,475.00

Woody’s Service                                          2,960.58

71 Payments less than 2000 $19,151.65

Final Total: $82,883.22

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

                                                April 27, 2011          $         898.34

                                                April 27, 2011          $    20,486.83

                                                April 29, 2011          $      2,059.50

                                                May 4,    2011          $  142,428.42    

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

Tower Inspections

County Auditor, John W. Hoscheid met with the board and updated them per their request on structure tower inspection. John informed them that they are done only when something is added to the tower. The board requested that he contact Lee Hervey to schedule a meeting with the board.

Probationary Period

County Auditor, John W. Hoscheid met with the board and informed the board that Public Works Director, Tim Erickson probationary period is done and requested direction from the board for payroll.

Motion

Motion was made by Commissioner Todd Beckel to approve a one (1) step merit adjustment for completion of a satisfactory probation period for Public Works Director, Tim Erickson effective May 15, 2011. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

MINNESTOA EXTENSION

Nutrition Education Program

Sunny Dorow, Community Nutrition Educator met with the board and gave an update on the Nutrition program.

SHERIFF

County Sheriff, Dallas Block and Chief Deputy Sheriff, Terry Bandemer met with the board requesting approval for the 2008 Stonegarden Grant Extension and the 2008 Homeland Security Grant Extension.

Motion

Motion was made by Commissioner Hanson to authorize County Sheriff, Dallas Block and Chairman Moorman to sign the 2008 Stonegarden Grant Extension in the amount of $35,355.22 expiring August 31, 2011.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Patty Beckel to authorize County Sheriff, Dallas Block and Chairman Moorman to sign the 2008 Homeland Security Grant in the amount of $15,000 expiring August 31, 2011. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

ATV GRANT

The board discussed the ATV grants funding and expiration date of June 30, 2011.

SIXTH GRADE TRIP

Chairman Moorman informed the board that he would be absent from the May 23rd EDA meeting and the May 24th board meeting as he is going to Chaperone the Sixth Graders to the Capital on those days.

OLD/New Business

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

Land Acquisition – none;

Red Lake Tribe – process is moving along;

Township Road Inventory/ATV Ordinance – none;

Line Workers School – next meeting is on May 12 at 7:00 a.m.;

Veterans Service Policy – next agenda;

Inventory – none;

Beaver – Highway Department looking for direction;

Clementson Bridge Property – none;

CAMA-   June 14 & 15 training;

Goals and Objectives – Department Heads are working on;

Public works department

Public Works Director, Tim Erickson met with the board and informed them that the claim they questioned earlier in the day was to paint all Five (5) of their truck boxes. Tim updated the board on the following:

  • Road Tour- May 17, 2011
  • Household Hazard Waste- Landfill take every day, no need for a special day
  • MCIT- will to a mock OSHA inspection at the end of the month
  • MN DOT- lifting road restriction, but not the county
  • Beaver Control Policy

RECESS

The meeting was called to recess at 11:30 a.m. and reconvened at 1:00 p.m.

PLANNING COMMISSION

Motion

Motion was made by Commissioner Patty Beckel to close the regular meeting at 1:02 p.m. and open the planning commission. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

John Alexander Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented the Conditional Use Permit Application to allow a commercial business consisting of a Boat and RV equipment repair shop in a Natural Environment District.  The Planning Commission reviewed the application and had several questions and concerns on the project. Chairman Moorman opened the floor for comments.  No comments were heard.  Land and Water Director, Josh Stromlund read a letter from Thomas Haggenmiller of his opposition to the project. Josh informed the board that they could table this to the next meeting for further information or deny the request and start over again. Mr. Alexander stated that he would bring the requested information to the next board meeting.

Keith Pieper Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented the Conditional Use Permit Application to allow a commercial business consisting of a gunsmith work with firearm resale and trade in a Natural Environment District. The Planning Commission reviewed the application. Chairman Moorman opened the floor for comments. No comments were heard and no correspondence was received.

Motion

Motion was made by Commissioner Hanson to close the planning commission at 2:20 p.m. and open the regular meeting. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

LAND AND WATER PLANNING

Meeting Updates

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the NRCS Watershed Meeting will meet on May 12, 2011 at the Government Center, in the Commissioners’ Room at 5:00 p.m. and the Lake of the Woods Control Board will meet possibly on June 14 in Warroad and the Lake of the Woods Agency meeting possibly on June 15 in Baudette.

BWSR Septic Grant

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the county received a Septic Grant to update 15 septic. He informed them that he is working out a ten (10) year maintenance plan for septic upkeep.

Office Fee Schedule

Land and Water Planning Director, Josh Stromlund met with the board and discussed the Administrative Subdivisions and Dwelling fees with the board. No action was taken.

Committee Reports:

The following committee reports were heard and discussed: 

  • Commissioner Patty Beckel reported on:
    • Joint Powers Economic Development
  • Commissioner Moorman reported on:
    • North Country Board of Health
    • Williams City Council Meeting

Correspondence:

The following correspondence was read and acknowledged:  Board of Appeal and Equalization training; MN Pollution Control Score Block Grant.

Recess

With no further business before the board, Chairman Ken Moorman recessed the meeting at 3:24 p.m.

Attest:                                                                                                 Approved: May 24, 2011

____________________________                                                    ____________________________

John W Hoscheid,                                                                               Ken Moorman,

County Auditor                                                                                  Chairman of the Board

Commissioner Proceedings

May 24, 2011

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 24, 2011, in the Commissioners’ Room at the Government Center.

Work Session

The work session was cancelled due to emergency circumstances which involved the County Sheriff’s Office.

Call to Order

Vice- 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 Arnesen. Commissioner Ken Moorman was excused from the meeting for other obligations.  Also present were: County Auditor John W Hoscheid, Deputy Auditor Janet Rudd and Penny Mio Hirst.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: add Interview dates for County Assessor; Letter of support for Keystone XL pipeline; Consent travel for Dan Crompton and Lee Hancock. The motion was seconded by Arnesen 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:  Travel for Brent Birkeland on June 6-8 to Alexandria for MCCC Annual Conference; Travel for Julie Berggren and Terry Bandemer on May 16-18 to Duluth for Administrative Assistant Training; Peggy Mosher, Ruth Rizzi and Cherie Anderson on May 10-11 to Elk River for Inmate Supervision Training; Lorene Hanson on June 8-9 to St. Cloud for MCIT Training; Josh Stromlund on May 31-June 1 to St. Paul for Land Use Variance Standards; Dan Crompton and Lee Hancock on May 24-25 to Sauk Rapids for pick up of concrete box culvert.  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 approve the minutes of May 10, 2011, regular meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Social Services Director

Child Support Officers

Social Services Director, Nancy Wendler met with the County Board and introduced Craig Severs, Child Support officer to the board. The board introduced themselves and welcomed him to the county.

Claims

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

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

                                                Commissioners’ Warrants           $ 11,774.15

                                                Commissioners’ Warrants           $ 26,010.83

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

Technology Contract Approval

Social Services Director, Nancy Wendler met with the County Board requesting approval for a contract with Department of Human Services for technology upgrades for DHS Disability Services.

Motion

Motion was made by Commissioner Patty Beckel to approve the contract between DHS Disability Services Division and Lake of the Woods County Social Services for 2011, for the provision of technology upgrades, and to authorize Vice-Chairman Todd Beckel to sign.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Child Support Consulting Contract

Social Services Director, Nancy Wendler met with the board requesting approval for purchase of service agreement with Rita Krause to provide assistance and consultation with the duties of the Child Support Officer.

Motion

Motion was made by Commissioner Hanson to approve the six (6) month contract for child support consultation services between Rita Krause and Lake of the Woods County Social Services, and to authorize Vice-Chairman Todd Beckel, and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. The motion was seconded by Commissioner Arnesen 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 Arnesen to approve the claims against the county as follows:

                                                Revenue                       $ 98,273.80   

                                                Road & Bridge             $ 15,263.11

                                                County Development   $   1,000.00

                                                Solid Waste                  $   1,317.50

                                                                                     $115,854.41              

             WARRANTS FOR PUBLICATION

Warrants Approved On 5/24/2011 For Payment 5/27/2011

            Vendor Name                                             Amount      

Cenex Co-Op Services, Inc.                                    2,613.39

Dlt Solutions, Inc                                                      4,762.58

M-R Sign Co, Inc                                                      4,689.68

Norling Construction, Inc/Adam                           66,325.87

Sjoberg’s Inc                                                           16,094.00

60 Payments less than 2000 $21,368.89

Final Total: $115854.41

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

                                                May 20, 2011           $    27,637.57     

                                                May 23, 2011           $    20,142.78

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

Government Revenue Management (GRM)

County Auditor, John W. Hoscheid met with the board and requested approval for a GRM consulting services.

Motion

Motion was made by Commissioner Hanson to authorize County Auditor, John W. Hoscheid to sign the consulting service agreement with Ron Michaels Consulting effective May 15, 2011 thru December 1, 2011 for GRM Consulting services.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Public Sector Training

Chief Deputy Auditor, Lorene Hanson met with the board and updated them on the Minnesota Counties Intergovernmental Trust training sessions she attended. Highlights of the training session were: Human Resources; Compensation Plans/Pay Equity, and Health Reform Act.

Affidavit of Lost Warrant

County Auditor, John W. Hoscheid met with the board and requested approval for a lost warrant for David P. Arens.

Motion

Motion was made by Commissioner Hanson to approve the application and affidavit for lost warrant for David P. Arens dated November 5, 2010 for $23.22 without furnishing indemnifying bond.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

SHERIFF

County Sheriff, Dallas Block’s appointment with the board was cancelled due to emergency circumstances which involved the County Sheriff’s Office.

Human Resources

Human Resource Director, Wade Johannesen met with the board and requested that the Commissioners set a date for interviewing of County Assessor. The board set June 17, 2011 at 9:00 a.m. to hold a special session for interviews.

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 10:04 a.m.

Veterans Service Policy

Commissioner Hanson presented the Veterans Service Policy to the board for their approval.

Motion

Motion was made by Commissioner Arnesen to approve the Veterans Service Policy with changes.  The Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Letter of Support- Keystone XL Pipeline

Commissioner Arnesen presented a letter for support for the Keystone XL pipeline. The U.S. State Department is seeking comments on the project as part of the public comment period until June 6, 2011.

Motion

Motion was made by Commissioner Arnesen to authorize Chairman Moorman to sign the letter of support on the Keystone XL project.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Chamber of Commerce

Chamber of Commerce, President, Mike Hovde and Treasurer, Karoline Ketchum met with the board requesting consideration to increase the Counties contribution from $2,500 to $5,000 for the fourth of July Celebration that the chamber hosts.  They informed the board that due to the economy, other donations are down and costs have increased.

Motion

Motion was made by Commissioner Hanson to contribute an additional $1,500 from the Con-con funds for the 2011 Fourth of July Celebration. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

County Treasurer

County Treasurer, Mark Hall met with the board and reviewed the Inventory of Investments with the board.

North west community action

Northwest Community Action (NWCA) Director Mark Carlson met with the board requesting approval for lease for space at the Government Center North Building.

Motion

Motion was made by Commissioner Arnesen to enter into a lease agreement for space at the Government Center North Building with Northwest Community Action effective August 1, 2011 thru July 31, 2014 and authorize Chairman Moorman to sign, contingent upon the approval of County Attorney, Philip Miller. 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- discussed;

Land Acquisition – none;

Red Lake Tribe – June 20, meeting;

Township Road Inventory/ATV Ordinance – working on map;

Line Workers School – next meeting is on May 25;

Veterans Service Policy – remove from old/new;

Inventory – none;

Beaver – none;

Clementson Bridge Property – Tim will discuss with MN DOT;

CAMA-   June 14 & 15 training;

Goals and Objectives – none;

County Attorney

Part-time position salary and benefits

County Attorney, Philip Miller met with the board to discuss the County Attorney part-time position, salary and benefits.

Resolution

Resolution Amending the Part-Time Position of the

 County Attorney’s Salary and Benefits

Resolution 2011-05-01

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

WHEREAS, the Lake of the Woods County Board recognizes that the County Attorney position is an elected position throughout the State of Minnesota, and;

WHEREAS, on January 5, 2010, the Lake of the Woods County Board designated the Lake of the Woods County Attorney position as a part-time, 60% position (minimum of three, eight hour days per week), and;

WHEREAS, the Lake of the Woods County Board desires to maintain the part-time designation for the Lake of the Woods County Attorney position, but recognizes that the part-time, 60% position (minimum of three, eight hour days per week) designation does not allow for full legal coverage for the Lake of the Woods County, and;

WHEREAS, on January 5, 2010, the Lake of the Woods County Board set the Lake of the Woods County Attorney annual salary at $50,000 with a full, county paid, benefit package, and;

WHEREAS, the Lake of the Woods County Board previously set the 2011 County Attorney Office budget, as well as the overall 2011 County budget, based on those figures, and;

WHEREAS, the Lake of the Woods County Board, in consultation with the County Attorney, desires to make changes to the salary and compensation package for the part-time elected position, and;

WHEREAS, the changes addressed in the resolution will have no adverse impact on the 2011 County Attorney Office budget, or the overall 2011 County budget, therefore;

THE LAKE OF THE WOODS COUNTY BOARD DOES HEREBY;

RESOLVE TO; effective the pay period beginning May 15, 2011;

  1. Maintain the part-time designation for the elected Lake of the Woods County Attorney position;
  2. Set the annual salary for the part-time position of the Lake of the Woods County Attorney at $65,000;
  3. Maintain County PERA benefit contribution; and
  4. Maintain the County minimum basic life insurance contribution.

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

Prevention Coalition Coordinator

County Attorney, Philip Miller updated the board that he will be advertising for the Coordinator for the Prevention Coalition Program.

Public works department

Road Tour Results

Public Works Director, Tim Erickson met with the board and reviewed the 2011 Road Tour results.

Mar-Kit Annual Meeting

Public Works Director, Tim Erickson informed the board that the Mar-Kit Annual meeting will be held on June 8, 2011 if any of them would like to attend.

911 Signs

Public Works Director, Tim Erickson discussed the 911 signs. He informed the board that 3,000 signs would cost the county $48,000 and the installation of the signs would cost $32,000.

Culvert

Public Works Director, Tim Erickson informed the board that the department was able to purchase a used culvert for $3,000; he noted that a new culvert would have cost $25,000. Lee Hancok and Dan Crompton will be picking up the culvert in Sauk Rapids.

Prosper Cemetery

Commissioner Arnesen discussed the Prosper Cemetery and the request of fencing the area which was viewed on 2011 road tour.  The board requested that County Surveyor, Don Rasmussen get an estimate of a survey of the Proper Cemetery and bring back to the board with cost.

RECESS

The meeting was called to recess at 12:02 p.m. and reconvened at 1:00 p.m.

LAND AND WATER PLANNING

John Alexander Conditional Use Permit

Land and Water Planning Director, Josh Stromlund informed the board that John Alexander withdrew his Conditional Use Permit request.

Keith Pieper Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented the Findings of Facts for consideration for approval for the Conditional Use Permit for Keith Pieper to allow a commercial business consisting of a gunsmith work with firearm resale and trade in a Natural Environment District. Josh reviewed the Findings and Facts with the board.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Ken Pieper (Keith Pieper, authorized agent)                          Date:  May 24, 2011

Location/Legal Description:  A 8.35 acre tract in the SW1/4 of the NW1/4 and a 4.00 acre tract in the NW1/4 of the SW1/4 of section 17, T. 161N, R. 33W (McDougald) Parcel # 22.17.23.010

Project Proposal:  Applicant is requesting to allow a commercial business consisting of gunsmith work with firearm resale and trade in a Natural Environment District.

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

Why or why not?  The values important to the county as it develops an approach to managing its land base are as follows:

      Individual Choice:  In the types of work and leisure to pursue

      Local Influence:  Over policy that affects the lives of county citizens

Conservation:  Of the resources in the county.  Those resources would be used in a way that they remain healthy for future generations

Balance:  Between individual’s rights and the public’s welfare and between competing economic development and environmental protection objectives

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

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

Why or why not?  The proposed project is consistent by providing adequate parking, two accesses which provides flow through traffic capabilities, noise will be minimal as the business will be conducted in an existing building, and the potential pollution hazard is mitigated by self contained units on the milling machine.

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?  The sandy soils allow for infiltration of stormwater runoff and the location is not within a shoreland area.

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?  No construction is proposed which would alter the existing topography, drainage features and vegetative cover.

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

Why or why not?  The proposed project location is not within a floodplain or floodway.

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 (  )  NO (  )  N/A (X)

Why or why not?  No alteration of ground is associated with the proposed use as it will be conducted within an existing building.

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

Why or why not?  The proposed project will not create an additional access off of 70th Avenue NW as there are two accesses currently servicing the property which provides flow through traffic capabilities.  Additionally, Highway 11 has a right turn lane for west bound traffic.

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

Why or why not?  The adjacent land uses in the general proximity to the proposed project consists of commercial, agricultural, and residential.

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

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

Why or why not?  The requested use is not within a shoreland area.

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

Why or why not?  Liquid waste from the milling machines will be self contained.  This waste will be stored in an appropriate manner until such time a vendor disposes of it properly.

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?  The requested use is not within a shoreland area.

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

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

Why or why not?  A private well and septic system are currently in place on the property.

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?  The requested use will not generate additional traffic to public waters.

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?  The proposed project does not have above or below ground storage tanks.

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?  There is natural vegetation on the North and East sides of the property.  However, due to other conditional use requests for commercial use of the property, visibility of the property is needed from Highway 11 and 70th Avenue NW.

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

Why or why not?  Applicant has stated that a two (2) foot by two (2) foot sign is to be placed on the existing building in which the proposed project is to be located.

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

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

Why or why not?  There are two accesses currently servicing the property which provides flow through traffic capabilities.  Adequate parking area exists on the property.

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. 

The specific conditions of approval are as follows:

  1. Hours of operation are from Monday through Saturday 8:00 am to 5:00 pm.
  2. Comply with all Federal and State regulations in regards to firearms.
  3. Copies of Federal and State licenses to be placed on file with the Land & Water Planning Office.
  4. No bluing is to be conducted on-site.
  5. No reloading equipment or accessories are to be sold, however, blackpowder can be offered for sale.
  6. A two (2) foot by two (2) foot or not to exceed four (4) square foot sign is allowed on the existing building.

Approved as Presented (  )      

Approved with Conditions (X)

Denied (  )

                                                                                    _____________________________________

                                                                                                            Todd Beckel

                                                                                                        Vice Chair, County Board

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

Land and Water Planning Director, Josh Stromlund recommended the board to approve the Condition Use Permit.

Motion

Motion was made by Commissioner Patty Beckel to approve the Conditional Use Permit for Keith Pieper to allow a commercial business consisting of a gunsmith work with firearm resale and trade in a Natural Environment District. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Kevin King Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented the Findings of Facts for consideration

approval for a Conditional Use Permit for Kevin King requesting to allow a commercial business consisting of short term vacation rental of applicant’s existing residential cabin in a Natural Environment District.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Kevin King (Northwoods Getaway, LLC)                                                 Date:  May 24, 2011

Location/Legal Description:  Lot 13, Block 2, Brush Island, section 29, T. 168N, R. 33W, Parcel#03.51.02.130

Project Proposal:  Applicant is requesting to allow a commercial business consisting of short term vacation rental of applicant’s existing residential cabin in a Natural Environment District.

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

Why or why not?  The values important to the county as it develops an approach to managing its land base are as follows:

        Individual Choice:  In the types of work and leisure to pursue

        Local Influence:  Over policy that affects the lives of county citizens

Conservation:  Of the resources in the county.  Those resources would be used in a way that they remain healthy for future generations

Balance:  Between individual’s rights and the public’s welfare and between competing economic development and environmental protection objectives

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

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

Why or why not?  Applicant has a compliant septic system and the proposed use will require a Minnesota Department of Health (MDH) license.

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

Why or why not?  No construction is associated with project proposal.

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

Why or why not?  No construction is associated with project proposal.

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

Why or why not?  Project proposal is not located in a floodplain and/or floodway of Lake of the Woods.

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 (  )  NO (  )  N/A (X)

Why or why not?  No construction is associated with project proposal.

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

Why or why not?  There are no access roads as the project proposal is located on an island.  The property is only accessible by boat in the summer and snowmobile or vehicle during winter months.

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

Why or why not?  There are other rental properties, such as resorts located at the Northwest Angle, for vacation/tourist destinations.  The conditions placed upon approval will provide more insight as to the compatibility of the project proposal.

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

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

Why or why not?  Property is located on an island and only accessible by water.

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

Why or why not?  Property has a compliant septic system.

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

Why or why not?  No alteration of existing vegetation is proposed.

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

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

Why or why not?  The property has a compliant septic system and the MDH license will ensure drinking water standards are met.  Applicant has submitted a well test that sample provided meets MDH drinking water standards.

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?  Lake of the Woods is approximately 300,000 acres in size.

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

Why or why not?  No above or below ground storage tanks are proposed.

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 buffers exist between properties.

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?  No signage is proposed.

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

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

Why or why not?  Applicant has a 32 foot crib dock for property.  Young’s Bay Resort will provide parking and launching facilities for vehicles, trailers, and boats.  Brush Island marina can be used as a secondary site for mooring of boats.

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. 

The specific conditions of approval are as follows:

  1. A Rental Handbook and renter contract is to be prepared and a copy sent to the Land and Water Planning Office within thirty (30) days of the Notice of Approval.  The Rental Handbook and contract must address items such as, but not limited to, the following: 
    1. Rental rules to all renters of the property
    2. Renters need to respect the landowners all around the island and not be disruptive to the environment, other people or their private property.
    3. Proper disposal of garbage.
    4. Proper disposal of the remains from fish cleaning.
    5. Small campfires may be allowed in a fire pit only.  The fire pit must be located in a safe designated area circled by rock or brick.  No campfires should be allowed when conditions are conducive for wildfires.
  2. The existing buffer is to be maintained to provide adequate screening from adjacent properties.
  3. Maximum occupation is not to exceed ten (10) people.
  4. Review of this proposal will take place in approximately one (1) year from the date of the Notice of Approval.  At this review hearing, the landowner is to provide a history of rentals from the previous calendar year.
  5. Rental of the property is limited to 100 days per calendar year.
  6. The proposed use is subject to sale and lodging taxes.
  7. A Minnesota Department of Health (MDH) license is required for the proposed use.
  8. No food services are to be provided.
  9. The proposed use is limited to a maximum of four (4) motorized boats that can be moored overnight either at the property or at the marina.  The maximum number of motorized boats does not include boats personally owned by the landowner.
  10. A maximum of one (1) permanent fish house can be stored on the property, out of view from adjacent property owners.
  11. Complaints must be responded to and addressed within three (3) days of when the landowner is notified by the person(s) filing the complaint.

Approved  as Presented  (  )      

Approved with Conditions  (X)

Denied  (  )

                                                                                                                _____________________________________

                                                                                                                                                Todd Beckel

                                                                                                                                        Vice Chair, County Board

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

Land and Water Planning Director, Josh Stromlund recommended that the board approve the Condition Use Permit.

Motion

Motion was made by Commissioner Hanson to approve the Conditional Use Permit with conditions set forth for Kevin Kings Conditional Use Permit to allow a commercial business consisting of short term vacation rental of applicant’s existing residential cabin in a Natural Environment District. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

fee schedule

Land and Water Planning Director, Josh Stromlund met with the board and requested approval for office fee structures.

Motion

Motion was made by Commissioner Patty Beckel to approve the Land and Water Fee Structure as follows:

LAND & WATER PLANNING OFFICE

                      PERMIT FEE SCHEDULE – 2011

General Information:        Permits are required for any new building construction (including mobile homes) or alterations that change the outside dimensions of the structure; for the installation or alteration of on-site sewage treatment systems; and grading and filling in shoreland areas. Building contractor license numbers and site drawings are required for all building permits.

Type of PermitCurrent Fee
Land Use Permit: 
          Combined Permit (Includes house and sewage system)-    Dwellings unit at or under 2,000 square feet footprint including attached garage-    Dwellings unit over 2,000 square feet footprint including attached garage  This is for undeveloped lots only or complete redevelopment of a lot  $150.00$250.00
          Dwelling Unit with or without attached garage-    At or under 2,000 square feet footprint-    Over 2,000 square feet footprint          Commercial building $100.00$200.00$125.00
          Garage, storage sheds, or separate structure over 12’ x 20’ $75.00
          Storage sheds, or structures smaller than 12’ x 20’ (No pre-site) $50.00
          Legal addition(s) on a single structure $75.00
          Deck (over 3 feet above the natural ground) $50.00
Sewage Treatment Permit: 
          Residential sewage system per dwelling unit (new or alteration)$100.00
          Drain field Extension $50.00
          Commercial design with flow over 1,000 gallons per day$150.00
Subdivisions: 
          Platting/Subdivision Application (Non-refundable) – base fee                – plus $50.00/Lot – payable at submission of Final platCounty Surveyor’s Final Plat Check – base fee-  plus $20.00/Lot with minimum fee of $500.00Administrative Subdivision Application (Non-refundable) – base fee-  Plus $50.00/LotCounty Surveyor’s Review – base fee-  plus $10.00/Lot with minimum fee of $200.00$400.00 $400.00 $200.00 $150.00
Special Use Request Permits: 
          Conditional Use Application (Non-refundable) – plus $46.00 Recording Fee$200.00
          Variance Application (Non-refundable)- plus $46.00 Recording Fee$200.00
          Zoning Amendment Application (Non-refundable)- plus $46.00 Recording Fee$200.00
          Wetland Appeal Application Fee$500.00
         ANY AFTER-THE-FACT PERMIT3 times required fee

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

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

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

Combining Planning Commission with Board of Adjustment

Land and Water Planning Director, Josh Stromlund met with the board to discuss the option of combining the Planning Commission with the board of adjustment. No action was taken.

cell phone

Land and Water Planning Director, Josh Stromlund met with the board to discuss his new cell phone and billing concerns.  The technology committee will meet and give recommendation to the board.

Committee Reports:

No committee reports were heard.

Correspondence:

No correspondence was received.

Recess

With no further business before the board, Vice- Chairman Todd Beckel recessed the meeting at 2:42 p.m.

Attest:                                                                                                 Approved: June 14, 2011

____________________________                                                    ____________________________

John W Hoscheid,                                                                               Todd Beckel,

County Auditor                                                                                  Vice-Chairman

May, 2010

Commissioner Proceedings

May 11, 2010

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 11, 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, Todd Beckel, Hanson, Moorman and Arnesen.   Also present were: Deputy Auditor Janet Rudd, Deputy Auditor Lorene Hanson, Penny Mio Hirst and John Oren.

Approval of Agenda

Motion

Motion was made by Commissioner Todd Beckel to approve the agenda with the following additions:

Resolution to apply for a Rural Economic Development Loan and Grant Program (REDLAG); letter of intent to apply for a revolving loan through North Star Electric; purchase of a precinct scanner; homestead classification conversion error. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Patty Beckel to approve the consent agenda as follows: Travel for Amy Ballard for SSIS Mentor Meeting on June 7-8, 2010 in St. Cloud; Joy Lindquist and Dawn Christianson for MCCC Annual Conference on June 7-10, 2010 in Alexandria; Marti Carlson for MN County Engineers Association Conference on June 16-18, 2010 in Alexandria (Marti is a Task Force member for the engineer’s 2010 ) The motion was seconded by Commissioner Hanson 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 27, 2010 regular meeting with changes. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

SMALL BUSINESS ADMINISTRATION

Line Workers School-Northwest Community Action

Karl Frigaard with Northwest Community Action met with the board to discuss the application process to apply for a Rural Economic Development Loan and Grant Program (REDLAG). The use of the grant funds is to establish and operate a revolving loan fund to provide loans that foster rural economic development. Applicants that are eligible are Rural Utility Services (electric and telephone utility borrowers only); maximum grant amount is $300,000 with a 0% interest, and ten (10) year maximum term. The purpose of the loan is to assist non-profit and public bodies for employment creation project or projects that provide needed community facilities and services, provide education and training to rural residents to facilitate economic development. Karl informed the board that the first steps to take is a letter of intent to North Star Electric requesting a loan and a resolution to participate in the project (s) contained in the USDA REDLAG program.

MN Small Business Development Center

Jorge Prince, Regional Director from the Small Business Development Center met with the board and informed them of the resources that the center offers.  

Motion

Motion was made by Commissioner Todd Beckel to encumber up to $300,000 for the Line Workers School with the following contributions:

  • IDC     $50,0000
  • Parcel of Land Donation from North Star Electric
  • REDLAG grant at 0% interest
  • $150,000 from Con-Con fund
  • $150,000 from the Unallocated fund with funds to be paid back from future Con-Con funds

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 Todd Beckel and moved for adoption:

Rural Economic Development Loan and Grants Program

(REDLAG)

Resolution 10-05-01

WHEREAS, North Star Electric Cooperative of Baudette, Minnesota is requesting proposals for application to the Rural Economic Development Loan and Grants Program  (REDLAG)  from United States Department of Agriculture, and

WHEREAS, the County of Lake of the Woods has identified a need for a loan to build a line workers school on Lake of Woods County Property in the amount of $360,000, and

WHEREAS, Northwest Community Action Agency is submitting a proposal to USDA for REDLAG Funds for North Star Electric Cooperative of Baudette, Minnesota to set up a revolving loan fund;

NOW THEREFORE BE IT RESOLVED, that Lake of the Woods County agrees to participate in the Project(s) contained in the USDA REDLAG Program to be submitted by June 15, 2010.  Northwest Community Action Agency is hereby authorized to apply to USDA Rural Development for an REDLAG grant on behalf of North Star Electric Cooperative of Baudette, Minnesota.

BE IT FURTHER RESOLVED THAT, Lake of the Woods County will apply for a loan in the amount of $360,000 from this revolving loan fund to construct a line workers school.

BE IT FURTHER RESOLVED, that Lake of Woods County Board of Commissioners have authorized Edward Arnesen Lake of the Woods County Board Chairman to sign all necessary paperwork for this application.

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

Motion

Motion was made by Commissioner Todd Beckel to authorize Chairman Arnesen to sign the letter of intent to North Star Electric Cooperative’s expressing interest in applying for a loan from the REDLAG money to construct a School to educate and train line workers. Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 10:25 a.m. and reconvened at 10:33 a.m. as follows:

UNIVERSITY OF MINNESOTA EXTENSION

Jody Horntvedt, Extension Educator met with the board upon their request to inform them of the training workshops that she has to offer.  The board informed Jody that they would be interested in the “Meeting Customer Needs” workshop, but will place this item on the Department Heads meeting and get back to her with a date for training.

COUNTY TV

Commissioner Hanson reported that Lee Hervey from Voyageurs, informed him of the need to paint the Baudette tower and Williams tower in Lake of the Woods County; in the amount of $3,200 per tower. Commissioner Hanson will review the MN Power Agreement for maintenance expense.  The consensus of the board was to try to get the towers painted this summer.

COAST GUARD TOWER

Commissioner Hanson informed the board that Homeland Security and the Coast Guard will be holding on to the Coast Guard tower for about five years and the tower will be decommissioned on May 13, 2010 at 10:00 a.m.

SOCIAL SERVICES DIRECTOR

Claims

Social Services Director, Nancy Wendler 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           $11,543.06

                                                Commissioners’ Warrants           $19,390.68

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

Child Abuse Prevention Month

Social Worker Monique Arnesen presented a Power Point presentation on Child Abuse Prevention.

RECESS

The meeting was called to recess at 12:22 p.m. and reconvened at 1:28 p.m. as follows:

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and informed the board that Aaron Novak withdrew his conditional use application. Josh gave an update on the existing ordinance amendments and discussed proposed ordinances pertaining to Wind Energy/Communication Towers and Solar Energy systems.  The board requested that Josh look into the Wind Energy/Communication Towers and Solar Energy systems and to recapture the existing ordinance and move forward with the current ordinances.

RECESS

The meeting was called to recess at 1:56 p.m. and reconvened at 2:08 p.m. as follows:

DITCH AUTHORITY

Motion was made by Commissioner Todd Beckel to close the regular meeting and open the Ditch Authority meeting at 1:56 p.m.  Motion was 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 and asked for direction of where the Ditch Authority wanted to go with the remaining east ½ mile of Judicial Ditch 16. The Ditch Authority requested that Josh proceed with the process of abandonment of Judicial Ditch 16 and set a public hearing for the abandonment on June 8, 2010 at 11:30a.m.

Motion was made by Commissioner Todd Beckel to close the Ditch Authority meeting at 2:08 p.m. and reconvene the regular meeting.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

WILLIAMS FIRE DEPARTMENT

funding

Roger Huerd representing the Williams Fire Department met with the board requesting funding to purchase   a   defibrillator for the Williams Fire Department.

Motion

Motion was made by Commissioner Todd Beckel to donate $5,000 to the Williams Fire Department for the purchase of a defibrillator from the Con-Con Fund.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

PUBLIC WORKS DEPARTMENT

Conference Room Policy

The board discussed the Conference Room Policy with Public Works Director, Bruce Hasbargen. MNDOT Agreement

Public Works Director, Bruce Hasbargen met with the board requesting approval for the MN Dot Agreement.

Resolution

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

Resolution No. 10-05-02

MN DOT AGREEMENT

WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and

WHEREAS, Occasionally opportunities arise for local governments to provide services to Mn/Dot; and

WHEREAS,  The parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that Mn/DOT, having the ability to write work orders against a master contract, would provide the greatest flexibility; and

THEREFORE, BE IT RESOLVED:

  1. That the County of Lake of the Woods enter into a Master Contract with the Minnesota Department of Transportation.
  2. That the proper County officers are authorized to execute such contract and any amendments thereto.
  3. That the Public Works Director is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts, will provide for payment of the County by Mn/DOT, and that the Public Works Director may execute such work order contracts on behalf of the County without further approval by this Board.

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

Joint Powers Agreement

Public Works Director, Bruce Hasbargen met with the board requesting approval for the Joint Powers Agreement for the Administration of Federal HSIP Safety Grant Project.

Resolution

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

RESOLUTION 10-5-03

HSIP SAFETY GRANT PROJECT

WHEREAS, Lake of the Woods County desires to enter into a Joint Powers Agreement for the Administration of Federal HSIP Safety Grant Project No. S.P. 088-070-003.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Board and the Auditor of Lake of the Woods County are hereby authorized to execute said agreement for and on behalf of the County, contingent upon the approval of the County Attorney.

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

Update on Bike Paths

Public Works Director, Bruce Hasbargen informed the board that the right of ways have been purchased and the plans for the bike path are being reviewed with State Aid District 2 Engineer, Lou Tasa and that more federal dollars have become available for this project.

COUNTY AUDITOR

Claims

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

Motion

Motion was made by Commissioner Hanson to pull claim No. 3156.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Motion

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

                                                Revenue                               $       50,455.09    

                                                Road & Bridge                     $       27,653.15

                                                Co. Development                 $            200.00 

                                                Solid Waste                          $       17,968.29

                                                                                             $         96,276.53           

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  5/11/2010 FOR PAYMENT  5/14/2010

      AMOUNT   VENDOR NAME                                                                  AMOUNT   VENDOR NAME

          562.83 ANDY’S GARAGE, INC.                                                           1070.63 AUTO VALUE BAUDETTE

          425.36 BALDWIN SUPPLY COMPANY                                                 375.99 BAUDETTE REGION

          556.53 TERRY BROWN                                                                        342.99 CANON FINANCIAL SERVICES INC

        3593.99 CENEX CO-OP SERVICES, INC.                                            7000.00 COLLABORATIVE DESIGN GROUP INC

          632.58 CONNEY SAFETY PRODUCTS                                                870.96 CROP PRODUCTION SERVICES

        6458.46 FRONTIER PRECISION INC                                                     675.63 GLOBALSTAR LLC

          600.00 LEE HANCOCK                                                                        1145.00 HELGESON FUNERAL CHAPEL

          794.72 HOLEN ELECTRIC                                                                    656.95 HOLTE IMPLEMENT, INC

          580.26 HOWARD’S OIL COMPANY                                                    2136.11 INSIGHT PUBLIC SECTOR

        5671.86 INTERGRAPH CORPORATION                                               486.02 LAKE ROAD DIESEL INC

          512.02 LAKES GAS CO.                                                                      2002.40 LOW COUNTY TREASURER

        3772.50 LOW HIGHWAY DEPT                                                              500.00 LOW WOMEN OF TODAY

        9220.05 MAR-KIT LANDFILL                                                                   375.00 MN OFFICE OF ENTERPRISE TECHNO

          867.00 KENNETH MOORMAN                                                            5488.00 LAW MOREN

          341.49 NORTHWEST MECHANICAL OF BEMIDJ                             3200.00 NORTHWEST MN MULTI-COUNTY HRA

          360.16 PIRKL LUMBER & CARPET                                                     2593.32 POWERPLAN

        1043.60 R & Q TRUCKING, INC                                                           4000.00 RESERVE ACCOUNT

          484.27 RODERICK RONE JR                                                             1570.21 ROSEAU COUNTY COOPERATIVE ASSN

        1757.03 SOFTWARE HOUSE INTERNATIONAL,                                  409.97 SYNERGY GRAPHICS, INC

          302.74 T R JOBBING                                                                         12661.00 VANGUARD APPRAISALS, INC

          374.06 VOYAGEURS COMMUNICATIONS, INC                                 833.33 WIDSETH SMITH NOLTING&ASST INC

        3839.87 WOODY’S SERVICE

44 PAYMENTS LESS THAN  $300       5,131.64

FINAL TOTAL:     $96,276.53

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

                                                  April 28,   2010      $    49,012.63

                                                  April 30,   2010      $      1,976.00         

                                                  May    5,   2010      $     83,514.36

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

post prom

Deputy Auditor, Lorene Hanson met with the board and presented a letter of request for funding for Post Prom Party in the amount of $100.00.

Motion

Motion was made by Commissioner Todd Beckel to donate $100.00 to 2010 Post Prom Party.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried with Commissioner Hanson abstaining.

Crisis Resource

The board discussed the funding request from Tonja Reed, from the Crisis Resource Center.

Motion

Motion was made by Commissioner Arnesen to donate $2,500 to the Crisis Resource Center with $1,250 from the Con-Con fund and $1,250 from the Social Services Reserve fund.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Satisfaction of Mortgage

Deputy Auditor, Lorene Hanson met with the board requesting authorization to sign the satisfaction of mortgage for David D. Beckel.

Motion

Motion was made by Commissioner Hanson to authorize County Auditor, John W. Hoscheid and Chairman Arnesen to sign the satisfaction of mortgage, dated November 14, 1994 with the indebtedness thereby, fully paid and satisfied for David D. Beckel.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried with Commissioners Todd Beckel and Patty Beckel abstaining.

Precinct Scanner

Deputy Auditor, Lorene Hanson requested approval to purchase a M100 Precinct Scanner with a steel box.

Motion

Motion was made by Commissioner Hanson to app