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 approve the purchase of one (1) M100 Precinct Scanner with a Steel Ballot Box, in the amount of $4,645.00 with the funding from the HAVA Election Reserves; and to have County Auditor, John W. Hoscheid sign the sales order agreement.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Classification Change

Deputy Auditor, Lorene Hanson presented an application for homestead classification error due to conversion issues; the special AG homestead classification was omitted on the 2 b portion of the property for Pierre LaFromboise.

Motion

Motion was made by Commissioner Todd Beckel to approve the Special AG homestead classification on the 2 b portion of Pierre LaFromboise property in Sec. 31- Twp 161- Range 31, NE4NE due to conversion issues. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

OLD/New Business

There was no new update on:

  • ANI
  • Red Lake Tribe
  • Township Road Inventory

There were updates on:

  • Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund; Information meeting on Parks and Trails on May 11, 2010 at 7:00 p.m. at Lake of the Woods School
  • Land Acquisition; purchase request refused from DNR; may consider of giving land
  • Oak Island Petition- send letter to all property owners at Angle Township to inform them of the Public Hearing for the petition and that there will be an open book meeting to discuss property owners questions regarding their assessments on June 15, 2010 board meeting at the Northwest Angle School.
  • Grand Theater- Assessor is working on with the State Assessor
  • Add Line Workers School to Old/New Business
  • City of Baudette Council Members and Lake of the Woods County Commissioners  meeting on May 24, 2010 at 5:00 p.m. in the Commissioners’ Room

Committee Reports

There were no committee reports.

Correspondence:

Minnesota Pollution Control Score Grant- 2010.

Recess

With no further business before the board, Chairman Arnesen called the meeting to recess at 3:40 p.m.

Attest:                                                                                                 Approved: May 25, 2010

____________________________                                                    ____________________________

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

Commissioner Proceedings

May 25, 2010

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 25, 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: County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, 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 for Lake of the Woods Joint Powers Board and travel for Lorene Hanson and John W. Hoscheid to Detroit Lakes for MACO conference on June 22-25, 2010. 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 Todd Beckel to approve the consent agenda as follows: Travel for Leah Stephani-Miller to Duluth for St. Louis County Health & Human Services Conference on October 3-5, 2010;Holly House to Camp Ripley for AMEM meeting on June 14-15, 2010; Christine Hultman to Breezy Point for AMSSA conference on June 23-25, 2010; and Mark Hall, Lorene Hanson and John W. Hoscheid to Detroit Lakes for MACO conference on June 22-25, 2010. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Todd Beckel to approve the minutes of May 11, 2010 regular meeting with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SOCIAL SERVICES DIRECTOR

Claims

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

Motion

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

                                                Commissioners’ Warrants           $19,251.79

                                                Commissioners’ Warrants           $  5,142.42

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

COUNTY AUDITOR

Claims

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

Motion

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

                                                Revenue                               $        14,874.25    

                                                Road & Bridge                     $        46,810.33

                                                Social Services                     $          1,250.00

                                                Co. Development                 $          3,250.00

                                                Solid Waste                          $          6,021.58

                                                                                             $        72,206.16

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  5/25/2010 FOR PAYMENT  5/28/2010

                AMOUNT   VENDOR NAME                                                        AMOUNT   VENDOR NAME

        1264.73 AMERICAN SOLUTIONS FOR BUSINES                                 435.92 JULIE BERGGREN

        2666.40 BURG ELECTRONIC RECOVERY                                       21420.00 C SHARP CONSTRUCTION

        2000.00 CARP COMMUNITY                                                                4512.50 CO-OP SERVICES INC

          489.99 CRAGUN’S CONFERENCE & GOLF RES                             2500.00 CRISIS RESOURCE CENTER

      11552.51 CROP PRODUCTION SERVICES                                            342.00 THOMAS HANSON

          313.17 BRUCE HASBARGEN                                                                605.00 HELGESON FUNERAL CHAPEL

        1034.03 INTERGRAPH CORPORATION                                             2946.00 GEORGE KRAMER

          524.60 LAKEWOOD HEALTH CENTER                                               324.00 ROBERT LAPOS

          421.11 LOW FOODS                                                                             845.00 MN ASSN COUNTY OFFICES-MACO

        1958.90 MONITOR TIRE DISPOSAL, INC                                              858.00 MSOP-MN SEX OFFENDER PRGRM-462

        1377.50 GARY NOBLE & STUART & NANCY NO                                  460.90 NORTHERN ENGRAVING AND TROPHIE

          321.39 NORTHERN RESOURCES COOPERATIVE                            369.49 NORTHERN SPORTS & MACHINE – DB

          988.86 OCCUPATIONAL DEVELOPMENT CTR.                                 807.18 PRO MAC MANUFACTURING LTD

        2229.50 RONALD STREED                                                                   4187.36 TRI MIN SYSTEMS, INC

          765.92 WEST GROUP

26 PAYMENTS LESS THAN  $300       3,684.20

FINAL TOTAL:     $72,206.16

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

                                                  May 10, 2010      $    20,000.00

                                                  May 13, 2010      $      5,730.89            

                                                  May 19, 2010      $      8,907.39

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

2010 Election

County Auditor, John W. Hoscheid met with the board and informed them of legislative changes in regards to elections; the law now requires County Auditors to implement a Mail Ballot Board and an Absentee Ballot Board; John  requested approval from  the board  to implement the two boards.

Resolution

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

Resolution

Authorizing A County Mail Ballot Board

Resolution 10-05- 06

WHEREAS, Lake of the Woods County is permitted by Minnesota Statute 203B.13, Subd.1 to authorize a County Mail Ballot Board; and

WHEREAS, this authorization will bring uniformity in the processing of accepting or rejecting returned mail ballots to the Lake of the Woods County Auditor, that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22; and

WHEREAS, this will eliminate the need for election judges to perform this technical and time consuming task on election day wherein the county mail ballot board can begin this process 30 days prior to an election; and

WHEREAS, this will speed the processing of accepted mail ballots delivered to the precincts to be incorporated into the vote counts on election day; giving election judges more available time for the voters at the polls; and

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes the Lake of the Woods County Auditor to implement a County Mail Ballot Board that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22 to perform the task.

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

Resolution

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

Resolution

Authorizing A County Absentee Ballot Board

Resolution 10-05-07

WHEREAS, Lake of the Woods County is permitted by Minnesota Statute 203B.13, Subd.1 to authorize a County Absentee Ballot Board; and

WHEREAS, this authorization will bring uniformity in the processing of accepting or rejecting returned absentee ballots to the Lake of the Woods County Auditor, that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22; and

WHEREAS, this will eliminate the need for election judges to perform this technical and time consuming task on election day wherein the county absentee ballot board can begin this process 30 days prior to an election; and

WHEREAS, this will speed the processing of accepted absentee ballots delivered to the precincts to be incorporated into the vote counts on election day; giving election judges more available time for the voters at the polls; and

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes the Lake of the Woods County Auditor to implement a County Absentee Ballot Board that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22 to perform the task.

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

Reserve Funds

County Auditor, John W. Hoscheid met with the board requesting authorization to close three reserve funds.

Motion

Motion was made by Commissioner Todd Beckel to authorize County Auditor, John W. Hoscheid to close the following three reserve funds; Administrative Tickets. Parents Forever and Extension Publication funds and transfer the Administrative Tickets funds to the Sheriffs account; Parents Forever and Extension Publication funds to the general account effective 2009 year end.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

County T.V.

The board discussed the maintenance and painting of the T.V. towers.

Motion

Motion was made by Commissioner Hanson to approve the painting of the County T.V. towers in the amount of $3,200 per tower with the funding from the County T.V. expenditure fund.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

COUNTY SHERIFF

Stonegarden Grant

County Sheriff, Dallas Block met with the board to discuss the 2009 Stonegarden Grant.  He informed the board that the grant was not received in the mail as he thought and will bring back to the next meeting.  Dallas informed the board that there was still money left in his 2008 Stonegarden Grant and he put in a change order to purchase another squad.

Task Force Grant

County Sheriff, Dallas Block informed the board that there is a “Recovery Act” grant available to enforcement agencies located along a Northern or Southern border in rural areas to combat crime and drugs. Dallas requested authorization to apply for this grant; if the grant is received, the grant money would be used for a “Paul Bunyan Task Force Officer”.

Motion

Motion was made by Commissioner Todd Beckel to authorize County Sheriff, Dallas Block to apply for the “Recovery Act” grant.  The motion was seconded by Commissioner Patty Beckel, and the same being put to a vote, was unanimously carried.

Annual County Board and Water Grant

County Sheriff, Dallas Block presented the Annual County Boat and Water Safety Grant to the board.

Motion

Motion was made Commissioner Todd Beckel to amend the agenda and add the Boat and Water Safety Grant.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Resolution

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

A Resolution Authorizing the Annual Boat and Water Safety Grant

Resolution 10-05-04

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

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

NOW, THEREFORE BE IT RESOLVED, that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2010 through June 30, 2011 in the amount of $4,803.00.

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

RECESS

The meeting was called to recess at 10:24 a.m. and reconvened at 10:35 a.m. as follows:

EMERGENCY MANAGEMENT

Emergency Management Performance Grant (EMPG)

Emergency Management Director, Holly House met with the board requesting approval for the 2010 EMPG effective January 1, 2010 and ending December 31, 2010 in the amount of $15, 690.00.

Motion

Motion was made Commissioner Todd Beckel to approve and authorize Emergency Management Director, Holly House and Chairman Arnesen to sign the 2010 EMPG effective January 1, 2010 and ending December 31, 2010 in the amount of $15,690.00.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

UNIVERSITY OF MINNESOTA EXTENSION

Nutrition Education Program

Nutrition Education Assistant, Sunny Dorow met with the board and updated them on the Nutrition Program that she teaches to various groups within Lake of the Woods County.

RECESS

The meeting was called to recess at 10:56 a.m. and reconvened at 11:04 a.m. as follows:

NORTH WEST COMMUNITY ACTION

Lake of the Woods Economic Development Loan and Grants Program

Karl Frigaard with Northwest Community Action met with the board requesting approval of a resolution for Lake of the Woods Joint Powers Board for Economic Development for its project for economic development.

Resolution

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

Rural Economic Development Loan and Grants Program

(REDLAG)

Resolution 10-5-05

WHEREAS, Lake of Woods Joint Powers Board for Economic Development of Baudette, Minnesota is requesting funds for its projects for economic development, and

WHEREAS, the County of Lake of the Woods Joint Powers Board for Economic Development has identified a need for funds from the Lake of Woods County in the amount of $60,000, and

NOW THEREFORE BE IT RESOLVED, that Lake of the Woods County agrees to fund the Project from Lake of Woods Joint Powers Board for Economic Development. 

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 resolution.

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

Bid Opening Date

County Auditor, John W. Hoscheid met with the board requesting the board to advertise and let bid opening for the construction for the Line Workers School.

Motion

Motion was made by Commissioner Todd Beckel to advertise and let bid opening for the construction for the Line Workers School for July 13, 2010 at 11:00 a.m.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

PUBLIC WORKS DIRECTOR

Chairman Arnesen presented a plaque of appreciation to Public Works Director, Bruce Hasbargen for his many years of service.

Resolution

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

Recognition of Years of Service for Bruce Hasbargen

Resolution No. 10-05-08

WHEREAS, Bruce Hasbargen has served the residents of Lake of the Woods County for over 10 years, as Public Works Director;

WHEREAS, Bruce Hasbargen has resigned from Lake of the Woods County, effective May 28, 2010,

NOW THEREFORE, BE IT RESOLVED, that the County Board of Lake of the Woods County extends its appreciation to Bruce Hasbargen for his many years of dedicated service.

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

County Road 33

Public Works Director, Bruce Hasbargen met with the board and presented the letter that they requested him to write on the right of way issues on County Road 33. 

Motion

Motion was made by Commissioner Patty Beckel to approve the letter as presented by Public Works Director for the right of way issues on County Road 33 and authorize Chairman Arnesen to sign.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

County Engineers Position Vacancy

Public Works Director, Bruce Hasbargen discussed the vacancy of his position and explained that he had two items that are upcoming that will require a certified engineer to sign off on. No board action was taken at this time.

2010 Road Tour

Public Works Director, Bruce Hasbargen met with the board to review the 2010 road tour information.

Five Year Highway Construction Plan

Public Works Director, Bruce Hasbargen updated the board on the Five Year Highway Construction Plan.

Township Road Inventory

Public Works Director, Bruce Hasbargen updated the board that he has informed Assistant Engineer Bill Sindelir and Engineering Technician/Administrative Assistant Boyd Johnson on the Township Road Inventory.  He informed the board that Boyd is entering the information into the GIS system and then they will be able to move on after that is completed.

NORTHWEST ANGLE MEETING

The board discussed agenda items for the Northwest Angle. Tentatively at 10:00 a.m. Senator Saxhaug will meet with the board; 11:00 a.m. Public Hearing for the  Oak Island Petition will be heard and that County Assessor will be available to the Northwest Angle residents to discuss questions regarding their valuation or classification from 10:00 a.m. to 1:00 p.m.

OLD/New Business

There was no new update on:

  • ANI
  • Red Lake Tribe
  • Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Grand Theater

There were updates on:

  • Land Acquisition; title search almost done
  • Team Building; placed on June 7, 2010 Department Head Meeting

Committee Reports

There were no committee reports.

Correspondence:

Rinke Noonan Law Firm (drainage system law changes)

SPECIAL BOARD MEETING

The consensus of the board was to set June 1, 2010 at 2:00 p.m. for a Special Board meeting to discuss the Public Works Director Vacancy.

Recess

With no further business before the board, Chairman Arnesen called the meeting to recess at 12:25 p.m.

Attest:                                                                                                 Approved: June 8, 2010

____________________________                                                    ____________________________

John W. Hoscheid County Auditor                                                    Edward Arnesen, Chairman of the Board

Commissioner Proceedings

Special County Board Meeting

May 27, 2010

The Lake of the Woods County Board of Commissioners met in special session on Thursday, May 27, 2010, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Arnesen called the meeting to order at 11:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners Arnesen, Todd Beckel, Patty Beckel, Hanson and Moorman.  Also present were: County Auditor John W Hoscheid, John Oren, Penny Mio Hirst and Wade Johannesen.

Approval of Agenda

Motion was made by Commissioner Moorman to approve the agenda for the special meeting today. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Headwaters Regional Development Commission (HRDC)

Dave Hengel, Director of Community Stewardship Development for HRDC, met with the County Board to discuss the procedures of creating of a County Economic Development Authority (EDA).

  • o create a County Economic Development Authority (EDA):
    • The County Board must first provide notice to all local government units and development agencies, within the county, that they intend to adopt a resolution to create a committee to recommend options for the establishment of a county economic development authority (eda). 
    • After providing appropriate notice, the County Board adopts a resolution to create the committee. 
    • If the committee recommends establishing a County EDA, notice must be published and a public hearing held.
    • After conducting the public hearing, the County Board may adopt the enabling resolution establishing a County EDA, board membership and powers.
  • Local Committee membership must consist of no fewer than 11 and no more than 15 members appointed by the County Board.  (Membership requirements in MN Statutes §469.1082, Sub2.)  Dave offered his services to assist the local committee.
  • County EDA membership can be 3, 5, 7 and 9 members.  If a 9 member board is chosen, at least 2 must be county commissioners. 
  • Powers of a County EDA are the same as a City EDA, unless limited by the resolution of the County Board.  Dave suggested the Local Committee and the County Board put some thoughtfulness into the powers that the County EDA would carry.  He could provide examples from a variety of counties in Minnesota and the diverse terms of powers granted.

The County Board directed the County Auditor to provide notice to all local government units and development agencies, within the county, that the County Board is intending to adopt a resolution to create a committee to recommend options for the establishment of a county economic development authority.  

The County Board discussed the following potential committee members: 

  • 2 County Board Commissioners,
  • 2 City of Baudette Council Members,
  • 2 City of Williams Council Members,
  • 2 Lake of the Woods School Board Members,
  • 1 Baudette/Lake of the Woods Chamber Member,
  • 1 Northwest Angle Chamber Member,
  • 1 Lake of the Woods County Tourism Member,
  • 1 Lake of the Woods Industrial Development Commission Member,
  • 1 Bank Member,
  • 1 Housing Rehabilitation Authority Member,
  • 1 Hospital – Lakewood Health Member

Oak Island Petition

Land and Water Planning Director, Josh Stromlund met with the County Board to discuss the Oak Island Petition and the upcoming Northwest Angle meeting.  Josh will provide informational packets, including maps, to the County Board prior to the Public Hearing.

County Sheriff

Stonegarden

County Sheriff, Dallas Block updated the County Board on the FY08 Operation Stonegarden.  He provided a spreadsheet showing grant amounts and expenses to date.  He is currently waiting for the final 2009 grant to be awarded.

Recess

There being no further business before the County Board, Chair Arnesen called the meeting to recess at 2:15 p.m.

Attest:                                                             Approved:  June 8, 2010

______________________________            ___________________________________

John W Hoscheid                                          Edward Arnesen

County Auditor                                             County Board Chair

May, 2009

Commissioner Proceedings

May 12, 2009

The Lake of the Woods County Board met in regular session on Tuesday, May 12, 2009, in the Commissioners’ Room at the Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were: County Auditor John W Hoscheid, Ted Stone and John Oren.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with changes. Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda for travel with changes: Holly House to Camp Ripley for AMEM board meeting on June 1 – 2 and to Thief River Falls for Tactical Interoperable Communications (TIC) Plan for the state on June 9 – 10; and Leah Stephani-Miller to Moorhead for MSSA 1st Annual NW District Human Service Conference on June 17 – 18.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion was made by Commissioner Moorman to approve the minutes of April 28, 2009, with changes. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Reed McFarlane-Board Support

Reed McFarlane met with the board requesting support for “Agassiz Lowlands Environmental Learning Area.”  This project will establish an environmental education curriculum by developing an environmental learning area on a one hundred and twenty acre site adjacent to the Lake of the Woods K-12 School.             

Motion was made by Commissioner Todd Beckel to approve County Board Chair Patty Beckel to sign a letter of support for “Agassiz Lowlands Environmental Learning Area” to be sent to Resource Conservation and Development (RC&D).   The motion was seconded by Commissioner Hanson and the same being put to a vote, carried as follows:  For:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel and Hanson; Against:  None; Abstaining:  Commissioner Moorman.

County Sheriff

Vehicle Bids

County Sheriff Dallas Block presented bids for vehicles to be purchased with the Stonegarden grant.  The board discussed the bids and directed Dallas to look into the state bids and report to the board later in the day.

Public Works Director, Bruce Hasbargen

Right-of Ways Issues

Public Works Director, Bruce Hasbargen met with the board regarding right-of-ways.  He presented two letters to be sent to individuals reiterating the ramification of doing any future work without an approved permit in hand.  It was the consensus of the board to send the letters.

Land & Water Planning Director

LiDAR

Land & Water Planning Director presented a letter of agreement between Lake of the Woods County and the International Water Institute for the purchase of Project Deliverables LiDAR acquisitions.   

Motion was made by Commissioner Todd Beckel to sign a letter of agreement as presented between Lake of the Woods County and the International Water Institute for the purchase of Project Deliverables for LiDAR acquisitions, in the amount of $103,308.96.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Application Request

Land & Water Planning Director requested permission to have Jay Spires, Attorney for Ratwik, Roszak & Maloney, PA to review an application request for a land use permit.   It was the consensus of the board to grant this request.

Wetland Conservation

Land & Water Planning Director presented a letter regarding the proposed permanent rules relating to wetland conservation. 

Motion was made by Commissioner Todd Beckel to have Chair Patty Beckel sign the letter as presented to Administrative Law Judge Steve M Mihalchick in regards to the proposed permanent rules relating to wetland conservation.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Recess

The meeting was called to recess at 10:25 a.m. and reconvened at 10:33 a.m. as follows:

County Auditor

Claims

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

Motion was made by Commissioner Hanson to approve the following claims against the county as presented.  The board had questions for the County Assessor on the claim for Vanguard Appraisals Inc and would like to meet with him at the next board meeting.

                                                Revenue                                     $ 29,860.35

                                                Road & Bridge                         $ 30,929.70

                                                County Development                $      200.00

                                                Solid Waste                              $  16,067.00

                                                                                                   $ 77,057.05

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  5/12/2009 FOR PAYMENT  5/15/2009

       AMOUNT   VENDOR NAME                                                    AMOUNT   VENDOR NAME

          599.51 AMERI PRIDE LINEN & APPAREL SE                       782.87 ANDY’S GARAGE, INC.

          323.57 ARROWWOOD RESORT                                         427.48 AUTO VALUE BAUDETTE

      13500.00 BAUDETTE BUILDERS, INC                                     341.78 CANON FINANCIAL SERVICES INC

        2562.09 CENEX CO-OP SERVICES, INC.                            1638.89 CROWNE PLAZA RIVERFRONT

        6191.13 DODDS LUMBER                                                       354.46 EMBASSY SUITES

          321.38 RICHARD GOODERUM                                          1092.45 GRAINGER, INC

          309.03 HILLYARD INC HUTCHINSON                                 918.31 HOLTE IMPLEMENT, INC

        2190.61 HOWARD’S OIL COMPANY                                    1194.90 LAKE ROAD DIESEL INC

          626.61 LOW FOODS                                                           3646.06 LOW HIGHWAY DEPT

          795.00 LOW SCHOOL DISTRICT–390                              8807.85 MAR-KIT LANDFILL

        3152.45 MN COUNTIES COMPUTER CO-OP                     5335.50 LAW MOREN

          887.25 THE NORTHERN LIGHT                                           479.30 R & Q TRUCKING, INC

          888.93 RODERICK RONE JR                                             1005.84 ROSEAU COUNTY COOPERATIVE ASSN

        1750.00 SJOBERG’S INC                                                        376.96 TONY DORN, INC.

          326.70 TRUE VALUE                                                           9813.00 VANGUARD APPRAISALS, INC

          337.09 WALLWORK TRUCK CENTER                                 330.00 WEST GROUP

        1981.02 WOODY’S SERVICE

30 PAYMENTS LESS THAN  $300       3,769.03

FINAL TOTAL     $77,057.05

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

                                                April 28, 2009                            $   2,865.10

                                                April 30, 2009                            $ 87,921.13

                                                May 8, 2009                               $ 63,898.46

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

Northwest Community Action – Resolution

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

Resolution

Authorizing Administration of the

Minnesota Housing Finance Agency’s

Family Homeless Prevention and Assistance Program

Resolution 09-05-01

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

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

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

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

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

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

Audit-Multi-Year Agreement

Motion was made by Commissioner Todd Beckel to approve a Multi-Year Audit Agreement for audit services as described in the annual engagement letter between Lake of the Woods County and the auditing firm of Hoffman, Dale & Swenson, PLLC, for years ending December 31, 2009, 2010 and 2011, in the amount of $24,700 per year; and to have County Board Chair Patty Beckel and County Auditor John W Hoscheid sign the same.  The motion was seconded by Commissioner Hanson and same being put to vote, was unanimously carried.  

Aggregate Material Tax

County Auditor John W Hoscheid presented an update on the aggregate material production tax.  The County Board of Commissioners directed John to investigate this further and return to the board with options for the county.

Sex Offender Update

County Auditor John W Hoscheid gave an update on the sex offender expenses.

Proclamation-National Police Week

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

Proclamation for National Police Week 2009

Resolution 2009-05-02

To recognize National Police Week 2009 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy.

WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including eight sworn members of the Lake of the Woods County Law Enforcement;

WHEREAS, some 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries;

WHEREAS, since the first recorded death in 1792, more than 18,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty;

WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial, which was dedicated in 1991 in Washington, D.C.;

WHEREAS, 387 names are being added to the National Law Enforcement Officers Memorial this spring, including 133 officers killed in 2008 and 254 officers killed in previous years;

WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored, and the names of the Minnesota officers read in honor during the day prior to the Minnesota Law Enforcement Officers Memorial Association’s Annual Candlelight Vigil, on the evening of Friday, May 15, 2009;

WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year on May 10-16;

WHEREAS, May 15 is designated as Peace Officers Memorial Day, with federal law (P.L. 103-322) directing that all flags be flown at half-staff on that date in honor of fallen officers and their families;

THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners formally declares May 10-16, 2009, as Police Week in Lake of the Woods County, and publicly salutes the service of law enforcement officers in our community and in communities across the nation.

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

Liquor License

Motion was made by Commissioner Hanson to approve the following Seasonal On-Sale and Sunday Intoxicating liquor license for JJN Ventures, LLC DBA Oak Harbor Golf Course effective May 12, 2009 to October 15, 2009.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

County Sheriff

Vehicle Bids

County Sheriff Dallas Block returned to the board with an update on the state bids for vehicles.   Dallas made a recommendation to the board to award the bid for two 2009 Ford F150 Supercrew XLT 4×4 pickup trucks to Wherley Motors in the amount of $27,178 per vehicle.

Motion was made by Commissioner Arnesen to purchase two 2009 Ford F150 Supercrew XLT 4×4 pickup trucks for Stonegarden/Sheriff’s department from Wherley Motors in the amount of $27,178 per vehicle as recommended by County Sheriff Dallas Block.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Social Service Director, Nancy Wendler

Claims

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

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

                                                Commissioners’ Warrants          $ 21,798.37 

                                                Commissioners’ Warrants         $   9,029.10

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

DUI Court Update & Alcohol Awareness Month

Social Services Director, Nancy Wendler and Social Services Supervisor, Amy Ballard gave an update on the DUI Court and alcohol awareness month.  The board watched a training video for alcohol awareness called “It’s not an Accident”.

Old/New Business

The board discussed the following old and new business: 

Old:

The board discussed the ANI and directed the County Auditor to invite the new CEO of ANI to attend a meet and greet session; the date to be determined at a later date.

The board discussed the Maintenance Department and all issues have been resolved.

Commissioner Hanson informed the board that he met with Steve Nesmith and has invited him to attend a county board meeting regarding his letter received last board meeting.

The board discussed the Capital & General Expenditure Policy, inventory list, and the comments received from the department head meeting on Monday, May 11, 2009. 

The board requested that the Dean Bernard land acquisition be added to the old business.

There were no new updates on the City of Williams (Williams Community Center – old school), City of Baudette – Assessment agreement, No Net Loss Policy, County TV, PILT payment and Joint meetings with Roseau County Board.

New:

No new business was discussed at this time.

Committee Reports:

The following committee reports were heard and discussed: 

  • Sewer District – update by Commissioner Patty Beckel
  • MRCC – update by Commissioner Todd Beckel  

Correspondence:

Correspondence was acknowledged from: 

  • Office of the State Auditor
  • Joint Press Release – Roseau County and Lake of the Woods County Boards
  • Northern Counties Land Use Coordinating Board – Web Link

Recess

With no further business before the board, Chair Patty Beckel called the meeting to recess at 12:50 p.m.

Attest:                                                                                                 Approved:      

_____________________________                                                  ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

Commissioner Proceedings

May 26, 2009

The Lake of the Woods County Board met in regular session on Tuesday, May 26, 2009, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were: County Auditor John W Hoscheid, Ted Stone and John Oren.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda for travel: Stacy Novak to Alexandria – MCCC Conference June 1–3 and Rita Krause to St. Paul – Child Support June 17-18.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion was made by Commissioner Hanson to approve the minutes of May 12, 2009. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Social Service Director, Nancy Wendler

Claims

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

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

                                                Commissioners’ Warrants          $ 36,428.51 

                                                Commissioners’ Warrants         $   4,873.73

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

Community Support Program Request for Proposal (CSP-RFP)

Social Services Director, Nancy Wendler requested permission to advertise for Request for Proposals for the development and delivery of Community Mental Health Services including Community Support Program Services, Adult Rehabilitation Mental Health Services (ARMHS), Mental Health Crisis Services, and Mental Health Professional Clinical Supervision Services. 

Motion was made my Commissioner Todd Beckel to advertise for Request for Proposal for the Delivery of Community Based Mental Health Services.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

County Assessor

CAMA Update

County Assessor, Wayne Bendickson gave a CAMA update to the County Board as of the end of the year 2008.

Assessment Agreements

County Assessor, Wayne Bendickson met with the County Board to discuss the assessment agreements with the City of Baudette, Lake of the Woods County and the County Assessor.  It was the consensus of the County Board to give a copy of the Assessment Agreement, between the City and County, to the City of Baudette, at the joint meeting scheduled later in the month, for their review.  No action was taken.  The County Board directed County Auditor, John W Hoscheid to give a copy of the Assessment Agreement with the County Assessor for his review.  No action was taken. 

Human Resource Director

Part-Time Dispatcher

Human Resource Director, Wade Johannesen and County Sheriff Dallas Block met with the County Board requesting approval to hire a part-time dispatcher in the sheriff’s department.

Motion was made by Commissioner Todd Beckel to hire one part-time dispatcher in the sheriff’s department, effective May 19, 2009, at a Job Grade 8, Step 1, on the part-time salary schedule.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

CEP Personnel

Human Resource Director, Wade Johannesen updated the County Board on using CEP personnel for the county.

Motion was made by Commissioner Moorman to approve the usage of CEP personnel for 12 weeks at a maximum of 20 hours per week and at no cost to the county; contingent upon approval of the Social Services Director, Nancy Wendler, Interim County Attorney, Michelle Moren and Human Resources Director, Wade Johannesen.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Health Insurance

Human Resource Director, Wade Johannesen updated the County Board on the employees’ health insurance.  A presentation will be made by George Vander Weit on June 12th or 19th to the County Board and followed by an informational meeting with county employees. 

Recess

The meeting was called to recess at 10:06 a.m. and reconvened at 10:10 a.m. as follows:

County Auditor

Claims

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

Motion was made by Commissioner Hanson to approve the following claims against the county as presented.   

                                                Revenue                                     $ 15,676.28

                                                Road & Bridge                         $ 35,874.81

                                                Solid Waste                               $   1,865.87

                                                                                                   $ 53,416.96

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  5/26/2009 FOR PAYMENT  5/29/2009

                             AMOUNT   VENDOR NAME                                                                    AMOUNT   VENDOR NAME

                      13411.00 BAUDETTE BUILDERS, INC                                     561.95 BAUERS COMMUNICATIONS & SECURI

                        1106.02 BRAD’S PLUMBING & HEATING, INC                   1743.29 CENEX CO-OP SERVICES, INC.

                        2203.49 JUDITH CROMPTON                                                8250.00 JAMES FROHREICH

                        4860.00 JEROLD FROHREICH                                                 314.97 FRONTIER PRECISION INC

                          389.96 GALL’S, INC.                                                              394.05 GCR TIRE CENTER

                          624.09 INTOXIMETERS                                                        917.96 LAKE ROAD DIESEL INC

                          758.04 LAKES GAS CO.                                                       1397.00 PAT LECLAIRE ELECTRIC (DBA)

                        1162.25 MN COUNTIES INFORMATION SYSTEM              1529.00 MN COUNTIES INSURANCE TRUST

                          366.00 MN HIGHWAY SAFETY & RESEARCH C                 339.64 NORTHERN SPORTS & MACHINE – DB

                        1139.55 NORTHWEST ANGLE&ISLAND FREIGHT            4000.00 RESERVE ACCOUNT

                          789.46 RODERICK RONE JR                                                1750.00 SJOBERG’S INC

                          524.11 GEORGE SWENTIK                                                   579.92 WEST GROUP

37 PAYMENTS LESS THAN  $300       4,305.21

FINAL TOTAL     $53,416.96

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

                                                May 12, 2009                             $   4,372.68

                                                May 16, 2009                             $ 58,538.55

                                                May 20, 2009                             $   7,899.92

                                                May 20, 2009                            $  47,361.93

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

Passport Cards

The County Board discussed the claims presented for passport card reimbursement and it was the consensus to have all expenditures come out of the specific departments budget.

Aggregate Material Tax – Public Hearing Date

Motion was made by Commissioner Todd Beckel to hold a public hearing for aggregate material tax on June 23, 2009, in the Commissioners’ room of the Lake of the Woods County Government Center at 1:00 p.m. The motion was seconded by Commissioner Hanson and the same being put to vote, was unanimously carried.  

County Ditch 1 – Public Hearing Date

Motion was made by Commissioner Todd Beckel to hold a public hearing for County Ditch 1 to discuss a proposed maintenance project and future maintenance; to be held on June 23, 2009, in the Commissioners’ room of the Lake of the Woods County Government Center at 6:00 p.m. The motion was seconded by Commissioner Arnesen and the same being put to vote, was unanimously carried.   

County Ditch 1 

The County Board discussed the Minnesota Department of Natural Resources funding for projects on County Ditch 1.  County Auditor, John W Hoscheid was directed to invite them to the Public Hearing for County Ditch 1.

County Sheriff      

Equipment Storage

County Sheriff Dallas Block discussed with the County Board the storage of equipment for the sheriff’s department.  The County Board requested Dallas to store the equipment as needed.

Vehicle Purchase

County Sheriff Dallas Block updated the County Board on the purchase of the pickups previously approved on May 12, 2009.  The two 2009 Ford F150 Supercrew XLT 4×4 pickup trucks from Wherley Motors for $27,178 per vehicle, were no longer available; however 2010 pickups were available with additional charges of $1,800.

Motion was made by Commissioner Arnesen to purchase two 2010 Ford F150 Supercrew XLT 4×4 pickup trucks from Wherley Motors at a purchase price of $28,978 per vehicle.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Public Works Director, Bruce Hasbargen

Bostic Creek JD 28 Project

Public Works Director, Bruce Hasbargen updated the County Board on the Bostic Creek JD 28 project.

Fuel Farm

Commissioners Todd Beckel and Moorman updated the County Board on the Baudette City Council meeting that they attended in reference to Fuel Farming with the Lake of the Woods School.  It was the consensus of the County Board to thank the school for the opportunity to partner up; however the County Board felt this project was not in their long range strategy plan.

Legislative Collaboration

Commissioners Todd Beckel and Moorman updated the County Board on the Baudette City Council meeting that they attended in reference to Legislative Lobbying Coalition.  The County Board discussed this with no action taken.

Closed Session – Pursuant to MN Statute §13D.05, Subd.2(b)

Motion was made by Commissioner Todd Beckel to close the regular session at 11:48 a.m. pursuant MN Statute §13D.05, Subd.2(b), to discuss allegations of an employee use of County equipment outside the scope of normal employment.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

The following were present in closed session:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were:  Interim County Attorney Michelle Moren, Human Resource Director Wade Johannesen, Public Works Director Bruce Hasbargen and Maintenance Supervisor Jeff Pelland.

The County Board instructed the Department Head to follow the Lake of the Woods County Personnel Policy and Procedures relating to disciplinary action(s) as appropriate.  The County Board also identified a need for development of County policies regarding the use of County equipment beyond the normal authorized scope.

Motion was made by Commissioner Todd Beckel to close the closed session at 12:35 p.m. and open the regular meeting.  Seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Note:  The entire closed meeting was recorded by Human Resource Director, Wade Johannesen.

Recess

The meeting was called to recess at 12:36 p.m. and reconvened at 1:24 p.m. as follows:

County Auditor

Coffee & Water

Motion was made by Commissioner Arnesen to decline the purchasing of coffee, coffee supplies and bottled water for Lake of the Woods County employees effective May 26, 2009. The motion was seconded by Commissioner Todd Beckel and same being put to vote, was unanimously carried.  

The County Board directed County Auditor, John W Hoscheid to send a notice to all department heads notifying them of this action and to contact vendors respectfully.

Abatement – Severin Holte

Motion was made by Commissioner Hanson, upon recommendation of the County Assessor, Wayne Bendickson, to approve the abatement of Severin Holte due to reclassification and to have the County Assessor reassign accordingly. The motion was seconded by Commissioner Todd Beckel and same being put to vote, was unanimously carried.  

Election – Maintenance Agreement

Motion was made by Commissioner Hanson to approve a Post Warranty Hardware Maintenance Services and Software Maintenance; and Support Agreement between Election Systems & Software, Inc (ES&S) and Lake of the Woods County for an initial four-year period effective August 1, 2009, at the total cost of $4,660; and to have County Auditor John W Hoscheid to sign the same. The motion was seconded by Commissioner Todd Beckel and same being put to vote, was unanimously carried.  

Revenue & Expenditure Guidelines

County Auditor, John W Hoscheid reviewed the revenue and expenditure guidelines with the County Board.

Old/New Business

The County Board discussed the following old and new business: 

Old:

County Auditor updated the County Board on the ANI progress of holding a meet and greet session.

The County Board discussed the County TV and directed Commissioner Hanson to invite Lee Hervey to attend a County Board meeting.

Public Works Director, Bruce Hasbargen updated the County Board on recently passed legislation in relation to the Household Hazardous Waste (HHW) program.

There were no new updates on the PILT payment, joint meetings with Roseau County Board, capital and general expenditure policy, road inventory or the Dean Bernard – Land Acquisition.

New:

Association of MN Counties

The County Board reviewed a notice of meeting for the Association of Minnesota Counties (AMC) District Meeting in Bemidji on Wednesday, June 10, 2009.  The County Board directed County Auditor, John W Hoscheid to post for the board members to attend this meeting. 

Blueberry Festival

The County Board reviewed a letter from the Northwest Angle Chamber of Commerce requesting a contribution to the Blueberry Festival.

Motion was made by Commissioner Arnesen to contribute $300 to the Northwest Angle Chamber of Commerce for the Blueberry Festival and to fund this from the economic development fund.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

State Budget Cuts

County Auditor, John W Hoscheid updated the board on the AMC Board and Legislative Steering Committee Meeting he attended.  Highlights of the meeting were: 

  • The state budget is estimated to be $2.9 billion out of balance.
  • Gov. Tim Pawlenty has stated that he will balance the budget through the use of his un‐allotment power and shifts.
  • The projected deficit for the 2012‐13 biennium is $3.2 billion to $4.0 billion.
  • The 2010 levy limit without special levies will be between 1% and 1.5% or less.
  • Each county will receive un‐allotments of CPA for this calendar year and will need to make adjustments in budgets accordingly.
  • Assume that the reductions are permanent and be cautious of using reserves to cover the shortfalls

Committee Reports:

There were no committee reports at this time.

Correspondence:

Correspondence was acknowledged from: 

  • State of MN – Veterans Office
  • Verizon – TV Translator station at Williams
  • Veterans Letter

Recess

With no further business before the County Board, Chair Patty Beckel called the meeting to recess at 2:45 p.m.

Attest:                                                                                                 Approved:      

____________________________                                                    ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

May, 2008

Commissioner Proceedings

May 13, 2008

The Lake of the Woods County Board met in regular session on Tuesday, May 13, 2008, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Bredeson, Patty Beckel, Todd Beckel, Arnesen and Moorman.   Also present were: County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren. Chairman Bredeson called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance. 

Motion was made by Commissioner Todd Beckel to approve the agenda with the following additions:  Fiscal Agent Resolution for BFIS, travel for Monique Arnesen, Semi-Truck purchase, County TV, Health Insurance, county owned land and thank- you note from Lake of the Woods High School students. Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Todd Beckel to approve the consent agenda as follows:

Travel for Christine Hultman on June 25-27 for Association of MN Social Service Accountants Annual Meeting in Brainerd; Wayne Bendickson on April 28-29 for Legislative in St. Paul, May 21-22 for seminar in St. Cloud and May 28 for State Board in St. Paul; Michelle Moren, Dena Pieper and Jim Walton on May 28-30 for Victims Conference in Brainerd (this is paid by a scholarship) and Monique Arnesen on May 22-23for Core Training in Grand Rapids. Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Patty Beckel to approve the minutes of April 22, 2008.  Seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

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

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

Commissioners’ Warrants       $ 43,229.04

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

Social Services Director, Nancy Wendler requested that Monique Arnesen receive a one step increase as she has finished her probation period.

Motion was made by Commissioner Moorman to approve a one step increase for Social Worker, Monique Arnesen effective April 18, 2008.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried with Commissioner Arnesen abstaining from voting.

Clinical Supervisor for the Adult Mental Health Service, Becky Dornheim, Case Aid, Sandy Haman and Social Services Director, Nancy Wendler informed the board that May was Mental Health Awareness Month and updated them on how the community support program is working in Lake of the Woods County.   Nancy shared a letter from the University of North Dakota, Steve Kraft, Professor of the Department of Social Work that has been involved with the program here for the last two years stating that he has never seen a program so committed to and effective with the client population. The county board congratulated the Adult Mental Health Services on a great job.

County Sheriff, Dallas Block met with the board requesting approval for a 911-upgrade on equipment and to evaluate the part-time dispatchers pool and to advertise and hire one part-time dispatcher.

Motion was made by Commissioner Arnesen to approve the purchase of Enhanced 911 hardware and software upgrades.  Said purchase is not to exceed $8,000 with the funds from the 911 account.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Todd Beckel to authorize County Sheriff Dallas Block and Human Resource Director, Wade Johannesen to evaluate the part-time dispatcher pool and to advertise and hire one part-time dispatcher.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

The board discussed the re-organization of the Maintenance Department.  County Auditor John W. Hoscheid reported back to the board on the opinion from Minnesota Counties Insurance Trust of having the Maintenance Department under the Human Resources Department.  MCIT recommended that this was not the best option to have a contract Human Resource Director to be a Department Head.

The board concurred and will look into other options and discuss this at the May 27, 2008 board meeting.

County Auditor, John W. Hoscheid met with the board requesting approval of claims.

Motion was made by Commissioner Todd Beckel to pull claim number 2738 and requested the County Auditor, John W. Hoscheid write a letter stating that the board only approved up to $4,400 for this service.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Todd Beckel to pull claim numbers 1763 and 1558.  Seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Janice Nelson, representing the Women of Today met with the board to request the budgeted money of $500.00 for the Willie Walleye Day’s, which will be held on June 7, 2008.

Motion was made by Commissioner Todd Beckel to contribute the budget amount of $500.00 to the Willie Walleye Days.  Seconded by Commissioner Moorman and the same being put to a vote, was carried.

The County Board had a conference call with hired Attorney Scott Anderson to update them on legal matters concerning the Sunny Beach issue.  Attorney Anderson stated that Mr. Bailey or his Attorney may contact the County Board; however Attorney Anderson stated that this is out of the County’s hands at this time for it is a Federal issue with Mr. Bailey.

The meeting was called to recess at 10:50 a.m. and reconvened at 10:54 a.m. as follows:

Chairman Bredeson called for the bid opening at 11:00 a.m. as advertised for S.A.P. 39-606-17, S.A.P. 39-620-03, S.A.P. 39-631-04, S.A.P. 39-632-04, S.A.P. 39-634-03, C.P. 368-08, S.A.M. 30-08 and C.P. Salt Shed-08, Bituminous Overlays and Aggregate Shouldering.

The following bids were received:

Knife River Materials      $1,172,017.79

Minn-Dak Asphalt Inc.   $1,268,823.20

Public Works Director, Bruce Hasbargen will bring back the recommendation to award the bid later today.

Public Works Director, Bruce Hasbargen met with the board for reappointment as the Public Works Director for another four year term.

Motion was made by Commissioner Arnesen to reappoint Public Works Director, Bruce Hasbargen to another four-year term beginning May of 2008.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried with Commissioner Todd Beckel abstaining from voting.

Public Works Director, Bruce Hasbargen met with the board requesting the board to approve keeping the 2001 Ford Crew Pickup (Unit 7), instead of selling it.

Motion was made by Commissioner Arnesen to authorize the Public Works Director to keep the 2001 Ford F-350 Crew Pickup (Unit 7) instead of selling it as budgeted.  Seconded by Commissioner Moorman and the vote carried as follows:  Voting for:  Commissioners Bredeson, Moorman, Patty Beckel and Arnesen.  Voting against:  Commissioner Todd Beckel.

Public Works Director, Bruce Hasbargen and Maintenance Supervisor Jeff Pelland met with the board requesting approval to purchase a new hoist for the Baudette shop.  The board requested that they get some more quotes and come back to the board with the request.

Public Works Director, Bruce Hasbargen and Solid Waste Program Manager Ed Spires met with the board to update them on the Mar-Kit meeting and requested approval to purchase an additional semi-truck for the Landfill.

Motion was made by Commissioner Todd Beckel to authorize the Public Works Director to purchase an additional semi-truck for the Solid Waste Department within the 2008 capital expenditure budget.  Seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Public Works Director, Bruce Hasbargen met with the board and updated them on the 2008 National Association of County Engineer’s Conference; informed the board that the Depot Preservation Alliance was awarded the Grant through the Minnesota Transportation History Network in the amount of $177,500; and informed the Board that the MIS Director, SWCD and the Minnesota Conservation Corps are assisting in an inventory of drainage culverts in the county.

Public Works Director, Bruce Hasbargen met with the board and recommended to award the bid for

S.A.P. 39-606-17, S.A.P. 39-620-03, S.A.P. 39-631-04, S.A.P. 39-632-04, S.A.P. 39-634-03, C.P. 368-08, S.A.M. 30-08, C.P. Salt Shed-08, Bituminous Overlays and Aggregate Shouldering to Knife River Materials.

Motion was made by Commissioner Todd Beckel to award the bid for S.A.P. 39-606-17,S.A.P. 39-620-03, S.A.P. 39-631-04, S.A.P. 39-632-04, S.A.P. 39-634-03, C.P. 368-08, S.A.M. 30-08, C.P. Salt Shed-08, Bituminous Overlays and Aggregate Shouldering to  the lowest responsible bidder, Knife River Materials in the amount of $1,172,017.79.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

The meeting was called to recess at 12:14 p.m. and reconvened at 12:59 p.m. as follows:

Motion was made by Commissioner Todd Beckel to close the meeting at 1:00 p.m. as advertised for the Planning Commission.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Land and Water Planning Director, Josh Stromlund met with the board requesting consideration of a Conditional use Permit for Nina Briggs T&N, Inc.

Nina Briggs                                         NE1/4NW1/4; N1/2SE1/4NW1/4      A Conditional Use Permit

T&N, Inc.                                            Section33, T-161N, R-31W                as required by the Lake of 

                                                            (Baudette)                                           the Woods County Zoning

                                                                                                                        Ordinance, to allow a

                                                                                                                        Commercial business

                                                                                                                        Consisting of an in-home

                                                                                                                        Dog grooming facility in a

                                                                                                                        Natural Environment

                                                                                                                        District.

No letters were received and no comments were heard.

Motion was made by Commissioner Todd Beckel to close the Planning Commission at 1:09 p.m. and reconvene the regular meeting.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Land and Water Planning Director, Josh Stromlund met with the board and handed out the Phosphorus information the board requested from Minnesota Pollution Control Rainy River Basin Coordinator, Nolan Baratono.  Josh also informed the board that the Operation and Maintenance Agreement with Natural Resources Conservation service has ended.  Josh requested approval to move forward with the  the LiDAR project.  The consensus of the board was that they would like to meet with the company to discuss the options available.  The board requested that County Auditor, John W. Hoscheid look into funding for this project.

County Auditor, John W. Hoscheid met with the board requesting approval of claims.

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

                                                Revenue            $  35,191.93

                                                Road & Bridge $   22,815.33

                                                County Dev.     $       970.00

                                                Taxes and Pen.  $       300.00

                                                Solid Waste       $   25,637.42

                                                                          $   84,914.68

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  5/13/2008 FOR PAYMENT  5/16/2008

      AMOUNT   VENDOR NAME                                                AMOUNT   VENDOR NAME

          420.00 AMERI PRIDE LINEN & APPAREL SE                   1007.12 AUTO VALUE

          303.38 BAUDETTE REGION                                                 491.97 TODD BECKEL

          784.00 BEST WESTERN KELLY INN                                    341.78 CANON FINANCIAL SERVICES

        9230.40 CO-OP SERVICES, INC.                                           1514.20 CROWNE PLAZA RIVERFRONT

          363.25 DEPUTY REGISTRAR NO.75                                     635.65 DOUBLETREE LLOYD CENTER HOTEL

        1185.11 FRONTIER PRECISION INC                                       366.32 GRAINGER, INC

          538.98 HILLYARD INC HUTCHINSON                                 708.23 HOLTE IMPLEMENT, INC

        1571.12 HOWARD’S OIL COMPANY                                      545.23 CHARLES KOTHRADE

          768.66 LAKE OF THE WOODS FOODS                                 769.61 LAKEWOOD HEALTH CENTER

        2262.50 LOW HIGHWAY DEPT                                              300.00 MACO TREASURER

        9081.45 MAR-KIT LANDFILL                                               5000.00 MARVIN LUMBER & CEDAR

          860.00 MIDWEST MONITORING & SURVEILLA              3535.76 MN COUNTIES COMPUTER CO-OP

          300.00 MN OFFICE OF ENTERPRISE TECHNO                  1015.79 KENNETH MOORMAN

        5431.27 LAW MOREN                                                           3010.35 NORTH EAST TECHNICAL SERVICE,I

        2374.55 NORTHWEST MECHANICAL SERVICE I                 703.64 OFFICE DEPOT

        1277.38 POWERPLAN                                                            1874.42 R & Q TRUCKING, INC

        4000.00 RESERVE ACCOUNT                                               1712.86 RODERICK RONE JR

          353.50 ROY SCHARFENKAMP                                            1750.00 SJOBERG’S INC

          440.30 TONY DORN, INC.                                                     323.50 VOYAGEURS COMMUNICATIONS, INC

        3798.86 WALKER PIPE & SUPPLY                                         570.00 WALLEYE CAPITAL SANITATION

        1603.33 WIDSETH SMITH NOLTING&ASST INC                2505.62 WOODY’S SERVICE

74 PAYMENTS LESS THAN  $300       9,284.59

FINAL TOTAL     $84,914.68

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

                                                April 22 2008              $           10,297.87

                                                April 22,2008              $           56,108.18

                                                April 29,2008              $                899.50

                                                May 6,   2008              $           98,100.11

                                                May, 8   2008              $           47,372.66

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

County Auditor, John W. Hoscheid requested approval for the following snowmobile trails assistance program:  Border Trails, NW Angle Edge Riders Club, Lake of the Woods Drifters and BISF trails.

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

Resolution No. 08-05-01

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 Border Trails maintenance of snowmobile trails managed by Border Trails.

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

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

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

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

Resolution No. 08-05-02

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 NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club.

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

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

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

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

Resolution No. 08-05-03

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 trail managed by Lake of the Woods Drifters.

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

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

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

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

Resolution No. 08-05-04

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 BISF SECTION 3 maintenance of snowmobile trails managed by Border Trails.

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

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

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

The Board discussed the ANI situation with Economic Development Manager, Wyatt Johnson. The board requested that Wyatt draft a letter to ANI stating that they recognized the application that was received on April 18, 2008 and that they are happy to see that they are still looking at expansion in the area.

Other topics discussed with no action:  Health Insurance and County TV.

The board recognized the thank you letter that they received from Lake of the Woods High School for having their board meeting at the school for them to attend.

With no further business before the board, Chairman Bredeson called the meeting to recess at 4:22 p.m.

Attest:                                                                         Approved:       May 27, 2008

____________________________                            _____________________________

John W. Hoscheid, County Auditor                           Kim Bredeson, Chairman

Commissioner Proceedings

May 27, 2008

The Lake of the Woods County Board met in regular session on Tuesday, May 27, 2008, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Bredeson, Patty Beckel, Todd Beckel, Arnesen and Moorman.   Also present were: County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren. Chairman Bredeson called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance. 

Motion was made by Commissioner Todd Beckel to approve the agenda with the following additions:  Desk Top Deposit, travel for Lorene Hanson, Mark Hall and John W. Hoscheid to Detroit Lakes on June 17-20 for Auditor/Treasurer Conference, Cohort leadership program, Bovine TB, Wild Flower Project and conference call with Michelle Moren. Seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Patty Beckel to approve the consent agenda as follows:

Travel for Amy Ballard on June 10-11 for Child Care Training in Bemidji; Cindy Kroeger on June 24-26 for Case Worker Training in Bemidji; Becky Dornheim, Sue Johnson and Sandy Haman on June 5 for Medicaid Documentation; Josh Stromlund on June 12 & 13 for MACPZA training and legislative update in St. Cloud; Lorene Hanson, Mark Hall and John W Hoscheid on June 17-20 for Auditor/Treasurer Conference in Detroit Lakes.  Seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Todd Beckel to approve the minutes of May 13, 2008.  Seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Commissioner Moorman updated the board on some recent decisions of the Minnesota Board of Animal Health regarding bovine tuberculosis.   Effective June 15th, some additional requirements for testing and documentation will go into effect for livestock herds in a proposed “split state zone” in northern Minnesota.  He stated that the only portion of Lake of the Woods County in the currently proposed zone is the area that lies south of highway 11 and west of county road 2 (the Faunce/range-line road).  The requirements also apply to cattle temporarily moved into the zone.  Information from this testing will be used by the US Department of Agriculture when they determine the final split state zone.  The final USDA split state status probably will go into effect in late summer or early fall 2008.  This will enable most of the state to upgrade its TB status, while the split zone will remain at modified accredited status for several years.

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

Motion was made by Commissioner Patty Beckel to approve the claims against the county as follow