December, 2016

Commissioner Proceedings

December 13, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, December 13, 2016 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the agenda with the following additions: Proclamation Day for Human Services Worker Day, Human Resources, and Line Workers School.   

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of November 29, 2016.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the following claims: Commissioners Warrant’s $14,051.07, Commissioners Warrant’s $3,043.41, Commissioners Warrant’s $5,492.23.

Sanford Medical Center

Social Service Director, Amy Ballard met with the board requesting approval to enter into a Purchase of Services Agreement with Sanford Medical Center, dba Sanford Behavioral Health Center for mental health personnel.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to enter into a Purchase of Service Agreement with Sanford Medical Center, dba Sanford Behavioral Health Center for mental health personnel effective January 1, 2017, through December 31, 2017, in the amount of $9,442 per month, and authorize Chairman Moorman and Social Services Director, Amy Ballard to sign.

Proclamation

Social Service Director, Amy Ballard met with the board and presented a Proclamation from Governor Dayton proclaiming Wednesday, December 14, 2016 as County Tribal and State Health and Human Services Worker Day. The board thanked the Social Service Department for their hard work and appreciates what they do.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $43,418.71, Road & Bridge $39,035.27, County Devel.$4,414.50 Nat Resc.Enhanc $650.50, Solid Waste, $33,172.63, EDA, $7,453.67.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/28/2016 For Payment 11/30/2016

Vendor Name                                                    Amount

Hoffman, Philipp & Knutson, PLLC                                    15,300.00

Lakewood Health Center                                                       4,139.84

Marco Technologies LLC                                                    4,691.81

Midwest SteepleJacks Inc                                                    9,430.00

33  Payments less than 2000  13,408.63

Final Total: 46,970.28

Further moved to authorize the payment of the following auditor warrants: November 30,2016 – $18,944.12, December 5, 2016 – $424,250.75, December 6, 2016 – $103,075.07.

Mighty Duck Grant Program

County Auditor/Treasurer Lorene Hanson met with the board and presented the Mighty Ducks Grant letter and Affidavit of Project Completion to receive funding in the amount of $400.000.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to authorize County Auditor/Treasurer, Lorene Hanson, as appointed Fiscal Officer for the Mighty Ducks Grant Program and to sign the Affidavit of Project Completion form.

Land Donation

County Auditor/Treasurer, Lorene Hanson met with the board and informed them that the Land Donation closing is set for December 19, and the total cost of closing is $2,122.00.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to authorize Chairman Moorman and County Auditor/Treasurer, Lorene Hanson to sign the closing papers and approve the closing cost of $2,122.00  from the revenue fund.

2017 Salaries

County Auditor/Treasurer, Lorene Hanson met with the board and presented the following for approval:

Resolution

The following resolution was proposed by Commissioner Buck Nordlof, seconded by Commissioner Tom Hanson and carried unanimously to approve the following resolution:

A Resolution Establishing Minimum Salaries

for Elective Offices

Resolution No. 16-12-01

WHEREAS, M.S. 388.18, Subd. 1(a), M.S. 384.151, Subd. 1(b), M.S. 386.015, Subd. 2(b), M.S. 387.20, Subd. 2(b) and M.S. 385.373, Subd. 1(b) requires the County Board, at the January meeting prior to the first date on which applicants may file for County elective offices, to establish minimum annual salaries to be paid to the respective office holders at the term next following.

THEREFORE, BE IT RESOLVED, that the following statutory minimum annual salaries are hereby established for county elective offices for the term beginning in January of the year 2017. 

County Attorney                                 $4,000.00                    

County Auditor/Treasurer                   $4,000.00                    

County Recorder                                $4,000.00                    

County Sheriff                                    $4,000.00

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

2017 Elected Officials & Non-Elected Department Heads Salaries

Motion was made by Commissioner Tom Hanson to adopt the following County Commissioners salary schedule and County Board Chair salary schedule, which all include a general adjustment of $300.00 for the year 2017; and to adopt a committee meeting per diem of $100.00 for the year 2017.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Elected Officials – Commissioners:

Ed Arnesen                $17,700.00                   

Cody Hasbargen          17,700.00                   

Kenneth Moorman       17,700.00                   

Buck Nordlof               17,700.00      

Jon Waibel                   17,700.00

Board Chair                 18,700.00        

Motion was made by Commissioner Buck Nordlof to adopt a Technology Fee of $50.00 per month for County Commissioners for the year 2017. (Technology fee reimbursement for county related phone, internet, computer and copy expenses.)  The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Buck Nordlof to adopt the following Elected Officials salary schedule which includes a 2% general adjustment and 1 merit step, if applicable (not maxed), for the year 2017.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. 

Elected Officials – Department Heads:

County Sheriff            Gary Fish                   $78,748.80      

County Aud/Treas      Lorene Hanson             77,126.40       

County Recorder        Susan Ney                    65,332.80

County Attorney         James Austad             101,192.00

Motion was made by Commissioner Tom Hanson to adopt the following Non-Elected Department Heads salary schedule which includes a 2% general adjustment and 1 merit step, if applicable (not maxed), for the year 2017.  The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Assessor                      MaryJo Otten             $74,380.80      

MIS Director               Peder Hovland             68,868.80      

Public Works               Tim Erickson                99,590.40      

Land/Water                 Josh Stromlund            74,380.80      

Social Service              Amy Ballard                73,881.60      

Motion was made by Commissioner Patty Beckel to adopt the following Non-Elected Department Heads salary schedule which includes a 2%  general adjustment and 1 merit step, if applicable (not maxed), for the year 2017.  The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Veterans Service         Rick Rone                  $22,505.60      

Human Resources       Karen Ose                    39,973.44      

Salary Adjustment, as agreed upon per Union Contract

Motion- Highway Union

Motion was made by Commissioner Buck Nordlof to adjust all full time Highway Union employees’ salary by a 2% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2017.  Motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.

Salary Adjustment, as agreed upon per Union Contract

Motion- Solid Waste Union

Motion was made by Commissioner Patty Beckel to adjust all full time Solid Waste Union employees’ salary by a 2% general adjustment and by 1 merit step, if applicable (not maxed, effective January 1, 2017.  Motion was seconded by Buck Nordlof and the same being put to a vote, was unanimously carried.

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

(Excluding Elected and Non-Elected Department Heads)

Motion- Non-Union

Motion was made by Commissioner Buck Nordlof to adjust all non-union employees: full time, permanent part time, part time and seasonal (excluding elected and non-elected department heads) salaries by 2% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2017.  Motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.

Health Insurance

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to set the 2017 county contribution for family health insurance up to $1,165 per month and single health insurance up to $815.00 per month. The public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans. For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account up to IRS Caps.

2017 Board Meeting Dates

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to approve the 2017 Board meeting dates as follows:

January 2017

Tuesday, January,   3                                                    9:00 a.m.  Government Center, Commissioners Room Tuesday, January, 10                                                       9:00 a.m.  Government Center, Commissioners Room Tuesday, January, 24                                                       9:00 a.m.  Government Center, Commissioners Room February 2017

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

Tuesday, February, 28                                                 9:00 a.m.  Lake of the Woods School

March 2017

Tuesday, March, 14                                                         9:00 a.m.  Government Center, Commissioners Room Tuesday, March, 28                                                             9:00 a.m.  Government Center, Commissioners Room April 2017

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

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

May 2017

Tuesday, May, 9                                                               9:00 a.m.  Government Center, Commissioners Room Tuesday, May, 23                                                                  9:00 a.m.  Government Center, Commissioners Room June 2017

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

Tuesday, June, 13                                                        6:00 p.m.   Board of Equalization Meeting

Tuesday, June, 20                                                        10:00 a.m. NWA

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

July 2017

Tuesday, July, 11                                                             9:00 a.m.  Government Center, Commissioners Room Tuesday, July, 25                                                              9:00 a.m.  Government Center, Commissioners Room August 2017

Tuesday, August, 8                                                          9:00 a.m.  Government Center, Commissioners Room

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

September

Tuesday, September, 12                                                   9:00 a.m.  Government Center, Commissioners Room Tuesday, September, 26                                                   9:00 a.m.  Government Center, Commissioners Room October 2017

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

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

November 2017

Tuesday, November, 14                                                   9:00 a.m.  Government Center, Commissioners Room Tuesday, November, 28                                                   9:00 a.m.  Government Center, Commissioners Room December 2017

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

Tuesday, December, 12                                                6:00 p.m. TNT Meeting

Thursday, December, 28                                                  9:00 a.m.  Government Center, Commissioners Room

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

AMC LEADERSHIP CONFERENCE- Nisswa April 6& 7

JOINT LEGISLATIVE CONFERENCE- St. Paul- February 16-17

AMC DISTRICT 2 MEETINGS- Bemidji- June 14 & October 25-

AMC POLICY COMMITTEE- Breezy Point -September 14-15

AMC ANNUAL CONFERENCE-St. Cloud- December 3-5

LAKE OF THE WOODS ECONOMIC DEVELOPMENT AUTHORITY MEETINGS

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

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

Organizational Meeting

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to set January 3, 2017 as Lake of the Woods County Board Organizational Meeting.

GREAT NORTHERN TRANSMISISON LINE

Jim Atkinson, Project Manager from Minnesota Power met with the board and updated them on the progress of the line. The project is set to begin on January 2, 2017.

Recess

The meeting was called to recess at 9:56 a.m. and reconvened at 10:02 p.m.

Assessor

County Assessor, Mary Jo Otten met with the board requesting approval to advance Appraiser Trainee, Whitnie Reasy from Appraiser Training to Appraiser for she has passed all requirements for an Appraiser. She would like her to advance to the Appraiser position, effective October 19, 2016.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve Whitnie Reasy advancement from Appraiser Training to Appraiser effective October 19, 2016 at grade 13, step 1, 289 points, $21.20 per hour.

SHERIFF

County Sheriff, Gary Fish met with the board requesting authorization to purchase an Intake Record Book for prisoner’s records. The cost of the book is $600.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the purchase a book for” Intake Record” for prisoners in the amount of $600.00 from the Sheriff’s budget.

Tower Lease

County Sheriff, Gary Fish met with the board and informed them that nothing has been settled on the tower lease cost from Wikstorm, the State Planner stated that there should be no cost associated with the lease and he will look into.

LineWorkers School

Commissioner Hanson informed the board that the EDA is placing a bid in the paper for Snow Removal at the School for 2016-2017.

HUMAN RESOURCES

Human Resource Director, Karen Ose met with the board to inform the board that an offer was accepted by Savanna Slick for the Human Resources Director position. The positon is graded at 16, points 369, step1, at $25.09 per hour. Savanna will work December 21 and 22 and official take over on January 4, 2017.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to hire Savanna Slick as Human Resource Director, effective January 4, 2017, at grade 16, step 1, $25.09, points 369.

OLD/NEW BUSINESS

The board requested that the File of Life and Government Center Remodeling be removed from Old/New Business.

CARTWAY HEARING

Byron Tviet met with the board to discuss his Petition for a Cartway that he filed with the County Auditor/Treasurers Office on December 6, 2016.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to set a Cartway Hearing as follows:

COUNTY OF LAKE OF THE WOODS

ORDER SETTING A PUBLIC HEARING UPON PETITION

 REQUESTING THE ESTABLISHMENT OF A CARTWAY

            The County of Lake of the Woods has received a Petition for the Establishment of a Cartway.  A copy of the Petition is attached to and made part of this Order.

            The Petitioner seeks to establish a cartway pursuant to Minnesota Statute 164.08.  The description of the proposed cartway is:

Government Lots Two (2) and Three (3); and Southeast Quarter of the Northwest Quarter (SE1/4NW1/4), all located in Section Thirty (30); Township One Hundred Sixty-Three (163) North, Range Thirty Four (34) West of the 5th Principal Meridian, Minnesota.

            The description of the individual tracts of land over which the proposed cartway would pass is:

Half (1/2) mile West of Co. Rd 17 on North side of Section 30 of Lakewood Township.

            Minnesota Statute 164.08, subd. 2(a), requires a town board, or a county board acting in lieu of a town board, to establish a cartway at least two rods wide connecting a petitioner’s land to a public road if a petition is presented by the owner of a tract of land containing at least five acres who has no access thereto except over lands of others.

            Minnesota Statute 164.08, subd. 2(a), says that the town board may select an alternate route other than that petitioned for if the alternate route is deemed by the town board to be less disruptive and less damaging to the affected landowners and in the public’s best interest.

            The same statute says that the town board shall assess damages to landowners affected by the establishment of the cartway pursuant to Minnesota Statute 164.07, subd. 5, which directs the town board to (1) determine the money value of any detriment that the cartway’s establishment might cause to an affected landowner, (2) determine the money value of any benefit that the cartway’s establishment might cause to an affected landowner, and (3) award the affected landowner the difference (if any).

            Minnesota Statute 164.07, subd. 4, allows the town board to direct that a survey be made if necessary.

            Minnesota Statute 164.08, subd. 2(c), says that the cartway petitioner shall pay all damages before the cartway is opened, and that those damages include (1) compensation (if any) awarded to affected landowners and (2) any costs the town incurs for professional and other services, hearing costs, administrative costs, recording costs, and other costs and expenses incurred by the town in connection with the proceedings.

            IT IS ORDERED pursuant to Minnesota Statutes 164.08 and 164.07 that:

  1. A hearing upon the attached Cartway Petition shall be held at the Lake of the Woods County Government Center in Baudette, Minnesota on January 10, 2017 at 1:00 p.m.
  2. The purpose of the hearing shall include, but is not limited to, determining:
    1. Whether the Petitioner is entitled to a cartway under Section 164.08, subd. 2;
    2. If so, whether the cartway should be located where requested and to the width requested, or whether it should be located at an alternate route or if at a different width (but at least two rods wide);
    3. What damages, if any, must the Petitioner pay to affected landowners for the establishment of the cartway;
    4. What other damages have been incurred or likely will be incurred by the County in connection with the establishment of the cartway; and
    5. Any other issue or matter that might relate to the cartway petition.
  3. The petitioner shall:
    1. Cause personal service of this Order and the Cartway Petition to be made upon each owner and occupant of land over which or adjacent to which the proposed cartway would pass, and upon each person whose land would be reasonably expected to be affected by the establishment of the proposed cartway;
    2. Post a copy of this Order and the Cartway Petition at the County’s posting places;
    3. Accomplish items 3(a) and 3(b) at least ten days before the cartway hearing; and
    4. Submit to the Town an affidavit, prior to the hearing, showing that items 3(a)-(c) have been accomplished.

All persons who wish to be heard on any of the issues identified above, or on any other issue or matter relating to the Cartway Petition, should appear at the hearing and be prepared to offer or present any testimony, evidence, opinions, or views that they may have.

Affected landowners are hereby notified, pursuant to Minnesota Statute 164.07, subd. 2, that they are entitled to judicial review if the cartway is established, but that to do so they must follow all of the procedures set forth in Minnesota Statute Section 164.07, subd. 7, including but not limited to serving and filing a notice of appeal within 40 days after the filing of the award of damages, and within ten days after the filing of the award of damages if they wish to delay the opening or construction of the cartway, together with an approved bond of not less than $250.

                                                                        COUNTY OF LAKE OF THE WOODS

                                                                        _________________________________

                                                                        By: Kenneth Moorman

                                                                        Its:  Chairman of the Board

Land and Water Planning Office

Land and Water Planning Director, Josh Stromlund met with the board and presented the proposed Fish House Provisions Ordinance to the board. Josh in formed the board that the Planning Commission held a public hearing to review the proposed ordinance and recommends approval.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to adopt the Fish House Ordinance as follows:

Fish House Provisions

Section 108

Definitions to be added

Fish House –  A portable structure, constructed and maintained for the purpose of providing shelter during ice fishing that must be placed on the ice at least once during the winter season.

Fish House, Dead Storage – Fish houses which are not used as temporary residences during the off season.

Fish House, Live In – Fish houses which are used as temporary residences during the off season.

Fish House Park – A lot or parcel used for the storage of more than five (5) Live-in fish houses.

Section 402.1 (new)

Fish House Regulations

Lake of the Woods County has established the following regulations governing the dead storage and live-in status of fish houses in the County. All fish house activities must conform to the provisions as outlined below:

Requirements

The provisions of this Section must be adhered to unless a variance is granted as per Section 1203 of this Ordinance.

  1. Dead Storage Fish Houses
    1. Must be setback in accordance with Section 503 of this Ordinance.
    2. Must be accessible to emergency vehicles.
    3. A Conditional Use Permit is not required for the outdoor storage of up to five (5) fish houses provided that only two (2) are visible and they must be treated to reduce visibility as viewed from public waters, public roads, and adjacent properties by vegetation assuming summer leaf-on conditions, increased setbacks or be of earth tone colors.
  2. A Conditional Use Permit is limited to and required for parcels zoned as a Residential (R1), Rural Residential (R2), or General Use Zoning District, unless previously approved, providing for the outdoor storage of more than five (5) fish houses.
  3. Live-in Fish House
    1. A Land Use Permit may be required if not a temporary structure, as defined in Section 108 of this Ordinance.
  4. Fish House Park
    1. Shall be processed as a Planned Unit Development (PUD) and be platted in accordance with Section 1105. In addition to the requirements outlined in Article X, of this Ordinance, the follow shall apply:

General

  1. Fish houses and other structures in a fish house park (FHP) must be setback in accordance with Section 503 of this Ordinance.
  2. In a FHP, an adequate number of fly-tight, watertight and rodent-proof containers must be provided for all garbage and refuse. Garbage must be collected for disposal as often as necessary to prevent nuisance conditions and at least once each week.
  3. FHPs must be maintained free of accumulations of debris or material which may provide rodent harborage or breeding places for insect pests. Areas in FHPs must be maintained free of growths of noxious weeds.
  4. All walkways, drives, and commonly used areas in FHPs must be provided with adequate night lighting.
  5. In a FHP, bottled gas cylinders must be firmly mounted in an upright position and must not be located within 5 feet of any fish house door, unless the mounting brackets are part of manufacture’s design.
  6. In a FHP, fuel oil storage tanks must be securely fastened in place and fuel oil tank stands must be constructed of a noncombustible material. Fuel oil tanks must be located at least 5 feet from any fish house exit.
  7. Domestic animals or pets must not be allowed to run at large or cause any nuisances within a FHP. Any kennels, pens or other facilities provided for animals must be maintained in a sanitary condition.
  8. A maximum speed limit of 10 miles per hour must be clearly posted throughout the FHP.
  9. Vehicle parking on a public highway, street, or alley is prohibited in a FHP.

Spacing

  1. Each fish house site must face or be next to a driveway or clear unoccupied space at least sixteen (16) feet wide. That space must have unobstructed access to a public highway, street, or alley.
  2. Space between the fish houses may be used for parking vehicles and other property not attached to the fish house.
  3. Minimum site size of 2,000 square feet for each fish house with a minimum width of fifty (50) feet.

Water Supply

  1. The water supply system, in a FHP, must meet all applicable Minnesota Department of Health (MDH) requirements for public water supplies (Minnesota Rules, Chapter 4720) and water wells (Minnesota Rules, Chapter 4725).
  2. Water must be available within 400 feet of every fish house.
  3. A minimum supply of seventy-five (75) gallons per day for each fish house shall be provided.
  4. Minimum water riser pipe size is 3/4 inch; water riser and sewer riser must be constructed of approved materials and separated by at least ten (10) feet.
  5. All plumbing must be installed in accordance with the Minnesota Plumbing Code, Chapter 4715.

Sewage Disposal

  1. All sewage and waste water, in a FHP, must be discharged into an approved municipal sewage system if one is available or an individual on-site sewage treatment system that meets the requirements of the Lake of the Woods County Subsurface Sewage Treatment System Ordinance.
  2. Each fish house site shall have a 4 inch minimum diameter sewer riser pipe. The sewer riser must be capped when a site is not occupied by a fish house. Surface drainage must be directed away from the riser, the riser pipe must extend at least four (4) inches above ground elevation.
  3. Toilet and shower facilities must be provided in all FHPs which harbor any fish house which is not equipped with toilet and bathing facilities. Toilet and shower facilities shall be adequately heated, ventilated and lighted and have durable, washable, floors, walls, and ceilings and meet ADA requirements. Toilet facilities must be provided within four-hundred (400) feet of any fish house and as follows:
    1. Two (2) toilets are required for up to fifteen (15) fish houses
    2. Three (3) toilets are require for more than fifteen (15) fish houses
  4. FHP areas harboring fish houses with self-contained waste water tanks must provide a sanitary dumping station in the ratio of one (1) sanitary station for each one-hundred (100) sites. Sanitary stations must be adequately screened and located at least fifty (50) feet from any FHP site.

Storm Shelters

  1. A FHP with less than ten (10) fish houses must provide a plan for the evacuation and sheltering of the residents of the park in times of severe weather such as tornadoes, high winds, or floods. The shelter or evacuation plan must be conspicuously posted in the park and the park owner must provide each resident with a copy of the approved shelter or evacuation plan.
  2. A FHP with ten (10) or more fish houses must provide an approved shelter or an approved evacuation plan for the residents of the park in times of severe weather such as tornadoes, high winds, or floods. The shelter location or evacuation plan must be conspicuously posted in the park and the park owner must provide each resident with a copy of the approved shelter location or evacuation plan.
  3. The storm shelter shall be constructed to meet the Department of Labor and Industry (DOLI) standards, see Minnesota Rules Chapter 1370 for requirements.

4-HORSE CLUB HORSE CLUB

Jen Strohl, from the 4-Horse Club met with the board requesting assistants with the Horse Arena. Jen explained that the Arena is part of the Fair Grounds and the Fair board allows the 4-H Horse Club to use the arena in return that the club maintains it. The board reviewed the handout from Jen on the issues and the drainage plan and requested that Public Works Director, Tim Erickson look at it and give his recommendation on what could be done to help with the drainage issues.

RECESS

The meeting was called to recess at 11:20 a.m. and reconvened at 11:32 a.m. as follows.

JEFF POOLMAN

Jeff Poolman met with the board requesting that a parcel of land that he owns be removed from Judicial Ditch 28. Chairman Moorman explained the process that he would have to take to get his parcel removed and the cost associated with this request that he would have to pay. After hearing the process and cost to proceed, Jeff asked the board to disregard his request.

CONTRACTS

County Auditor/Treasurer, Lorene Hanson and County Attorney, James Austad met with the board to discuss the renewal of North Country Joint Powers Agreement with Hubbard and Clearwater Counties and Purchase of Service Agreement with LakeWood Health Center.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the North Country Joint Powers Agreement with Hubbard and Clearwater Counties effective January 1, 2017 thru December 31, 2020 and Purchase of Service Agreement with LakeWood Health Center, for Community Health Services effective January 1, 2017 and authorize Chairman Moorman and County Auditor/Treasurer, Lorene Hanson to sign.

Recess

The meeting was called to recess at 12:55 a.m. and reconvened at 6:04 p.m. as follows:

TRUTH-N-TAXATION

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to close the regular meeting at 6:05 p.m. and open the Public Hearing for Truth-N-Taxation. Present were: Commissioner’s Beckel, Moorman, Hanson and Nordlof. Absent: Arnesen. Also present were, County Auditor/Treasurer, Lorene Hanson, County Assessor, MaryJo Otten and Woody Fiala.

Public Hearing

The board reviewed the New Construction for 2016, reviewed the Proposed 2017 County Budget and Tax Levy.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to close the Public Hearing at 6:32 p.m. and open the regular meeting as follows:

Resolution

Resolution Adopting

Certified 2017 Budget and Tax Levy

Resolution   2016-12-02

The following Resolution was proposed and moved for adoption by Commissioner Patty Beckel:

WHEREAS, the Proposed County Budget for the year 2017 has been reviewed by the Lake of the Woods County Board of Commissioners; and

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2017:

Revenue Fund                                               $ 1,607,395

Road & Bridge Fund                                    $    339,580

Social Services Fund                                     $    603,935

Economic Development Authority Fund    $      60,000

2017 Proposed Budget and Tax Levy         $ 2,610,910

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2017:

                        Twp Road & Bridge                                     $   437,555*

                        Twp Fire – Baudette                                      $     30,000  

                        Twp Fire – Williams                                      $     30,159  

                        Twp Fire – NW Angle                                   $       6,500

                        Total                                                               $   504,214  

2017                

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

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

RECESS

With no further business before the board, Chairman Moorman called the meeting to recess at 6:35 p.m.

Attest:                                                                                     December 29, 2016

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Ken Moorman

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

Commissioner Proceedings

December 29, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, December 29, 2016 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions: December 7, 2016 Special Session and GIZIIBII.   

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of December 7 and 13, 2016.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $28,736.79, Commissioners Warrant’s $3,822.66, Commissioners Warrant’s $16,218.62, Commissioners Warrant’s $9,884.61.

MCIT

County Auditor/Treasurer, Lorene Hanson met with the board and informed the board that MCIT will be holding a webinar on January 19, 2017 at 2:00 p.m.

AUDITOR/TREASURER

Claims

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

Motion

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

Revenue                       $144,568.71

Road & Bridge $143,335.38

Natl Resc Enhanc         $   4,800.00

Solid Waste                  $ 18,903.44

EDA                            $      320.00

WARRANTS FOR PUBLICATION

Warrants Approved On 12/29/2016 For Payment 12/30/2016

Vendor Name                                                    Amount

Compass Minerals America                                                     4,108.06

Federal Signal Corporation                                                    12,016.00

Gooderum/Richard                                                                   2,239.17

Lakewood Health Center                                                       30,241.60

Liberty Tire Recycling, LLC                                                      4,572.18

LOW Highway Dept                                                              40,602.52

LOW Soil & Water Cons. Dist.                                                20,035.50

Msop-Mn Sex Offender Prgrm-462                                         2,257.00

Olson/George                                                                          8,600.00

Roseau County Highway Dept                                             96,560.38

STATE OF MINNESOTA                                                           2,000.00

Titan Machinery – Roseau                                                      26,500.00

University Of Mn                                                                      8,610.12

University of North Dakota                                                       2,110.00

Widseth Smith Nolting&Asst Inc                                               9,487.63

Ziegler, Inc                                                                               7,302.44

65 Payments less than 2000   34,684.93

Final Total: 311,927.53

Further moved to authorize the payment of the following auditor warrants: December 14, 2016, $259,104.39- December 16, 2016 $363,189.66- December 21, 2016 $12,477.32.

IRS Mileage Rate

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to set the 2017 mileage rate at the IRS Standard Rate. (It was noted that the Internal Revenue Service issued a .53.5 cents per mile for business miles beginning January 1, 2017 for the standard rate.)

Gambling Permit

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for Northwest Minnesota Fraternal Order of Police to conduct an off site raffle at Sportsman’s Lodge.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the off-site raffle which will be held on February 27, 2017 at Sportsman’s Lodge, for the Northwest Minnesota Fraternal Order of Police Lodge #8.

Wheelers Point Sewer District Appointments

County Auditor/Treasurer, Lorene Hanson met with the board and requested approval for re-appointment for the Wheelers Point Sewer District for Brian Ney and Kent Spears.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to appoint Brian Ney to the Wheelers Point Sewer District Board for a three year term beginning January 3, 2017 thru January 2, 2020 and to appoint Kent Spears to the Wheelers Point Sewer District Board beginning January 3, 2017 thru January 2, 2020.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to remove School Choice Week from the agenda item and place in Correspondence.

CORRESPONDENCE

The board acknowledged the following correspondence: MN Department of Health and School Choice Week Proclamation.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board to inform them that SWCD was awarded a grant to undertake the One Watershed One Plan planning process which is anticipated to last approximately 18-24 months. As part of the planning process, a planning work group has been established which is comprised of staff from SWCD, Lake of the Woods County, the Districts Watershed. A policy committee will be established which will be comprised of county board members, SWCD Supervisors and Watershed District Managers.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the One Watershed One Plan Memorandum of Agreement and authorize Chairman Moorman and Land and Water Planning Director, Josh Stromlund to sign.

Recess

The meeting was called to recess at 9:55 a.m. and reconvened at 10:03 a.m.

HEADWATERS  REGIONAL DEVELOPMENT

HRDC Economic Development Director, Ryan Zemek met with the board and reviewed the 2016 Comprehensive Development Strategy with the board.

Resolution

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the following resolution and authorize Chairman Moorman and County Auditor/Treasurer, Lorene Hanson to sign:

Resolution

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

Headwaters Regional Development Comprehensive Economic Development Strategy

Resolution No. 2016-12-04

WHEREAS; Lake of the Woods county is recognized by the Economic Development Administration as a redevelopment area with special needs for economic development assistance; and

WHEREAS, the Headwaters Regional Development Commission is an Economic Development District by the Economic Development Administration to provide planning and economic development assistance; and

WHEREAS, the Lake of the Woods County Board of Commissioners actively supports and currently participates in the economic development district activities of the Headwaters Regional Development Commission; and

WHEREAS, the Headwaters Regional Development Commission has prepared a Comprehensive Economic Development Strategy in cooperation with businesses, communities, and economic development organizations in lieu of a separate county Comprehensive Economic Development Strategy.

NOW THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners approves of the Comprehensive Economic Development Strategy as submitted on this date.

YEARS OF SERVICE RECOGNITION

Resolutions

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

Recognition of years of service

Thomas Hanson

Resolution 2016- 12-05

Whereas:  Tom Hanson has served the constituents of District 2 since 2008;

Whereas:  Tom Hanson  devoted many hours for Lake of the Woods County residents on serving as County Commissioner and other appointed committees;

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

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

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

Recognition of years of service

Patty Beckel

Resolution 2016 – 12-06

Whereas:  Patty Beckel has served the constituents of District 4 since 2005;

Whereas:  Patty Beckel  devoted many hours for Lake of the Woods County residents on serving as County Commissioner and other appointed committees;

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

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

Adjournment

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to call the meeting adjourned at 10:48 p.m.

Attest:                                                                                      January 10, 2017

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Ken Moorman

November, 2016

Commissioner Proceedings

November 15, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 15, 2016 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the agenda with the following additions: Election, Closed Sessions and Personnel Committee.  

Approval of Minutes

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the official and summarized minutes of October 25, 2016.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the minutes of Public Hearing for Ditch 26 & 7, dated October 27, 2016, with changes.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the minutes of Public Hearing for Ditch 28, dated November 1, 2016.

EMERGENY MANAGEMENT

Emergency Management Director, Jill Olson met with the board requesting Chairman Moorman’s signature for the Fire Wise Hazard Mitigation Grant.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to authorize Chairman Moorman and County Auditor/Treasurer, Lorene Hanson to sign the State of Minnesota, Commissioner of Natural Resources, Division of Forestry and Lake of the Woods County, under the Firewise/Hazard Mitigation Risk Reduction Program, effective May 1, 2016, thru May 1, 2017, with the total project cost of $32,000, which Grantee agrees to match at least $18,500 of the project.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval to purchase a Digital in Car Video Camera.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to authorize County Sheriff, Gary Fish to purchase a Digital in Car Video Camera from Watch Guard in the estimated amount of $13,560, with funding from the Sheriff’s Budget.

SHERIFF/ATTORNEY

County Sheriff, Gary Fish met with the board requesting approval to enter into Joint Powers Agreements with the State of Minnesota, through the Department of Public Safety, Bureau of Criminal Apprehension to utilize the criminal justice data communications network for the Attorneys Office and the Sheriff’s Office.

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

RESOLUTION NO. 2016-11-01

RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE COUNTY OF LAKE OF THE WOODS ON BEHALF OF ITS COUNTY ATTORNEY AND SHERIFF

WHEREAS, the County of  Lake of the Woods on behalf of its County Attorney and Sheriff desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the County is eligible.  The Joint Powers Agreements further provide the County with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the County to pay the costs for the network connection.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Lake of the Woods, Minnesota as follows:

  1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of Lake of the Woods on behalf of its County Attorney and Sheriff are hereby approved. 
  2. That the County Sheriff, Gary Fish, or his or her successor, is designated the Authorized Representative for the Sheriff.  The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Daryl Fish, Chief Deputy Sheriff is appointed as the Authorized Representative’s designee.
  3. That the County Attorney, James Austad, or his or her successor, is designated the Authorized Representative for the County Attorney.  The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Dena Pieper, Legal Secretary/Paralegal is appointed as the Authorized Representative’s designee.
  4. That Kenneth Moorman, the Chair of the County of Lake of the Woods, and County Auditor/Treasurer, Lorene Hanson, the County Board Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements.

Passed and Adopted by the Lake of the Woods County Board on this 15th day of November, 2016.

CJDN Agreement

County Sheriff, Gary Fish met with the board requesting approval to enter into a CJDN Subscriber Agreement. This Court Data Services Subscriber Amendment is utilized for Court Records to assist their agency with duties.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to authorize County Sheriff, Gary Fish to enter into the CJDN Subscriber Agreement and authorize County Sheriff, Gary Fish and Chairman Moorman to sign.

COUNTY ATTORNEY

County Attorney, James Austad met with the board requesting approval to enter into a CJDN Subscriber Agreement, which is utilized for Court Records to assist his office with duties.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to authorize County Attorney, James Austad to enter into the CJDN Subscriber Agreement and authorize County Attorney, James Austad and Chairman Moorman to sign.

SOCIAL SERVICES

Claims

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county: Commissioners Warrants: $ 3,703.42; $16,913.52; $7,484.74.

Health Care Services-MN-Sure

The board reviewed the draft letter on MN Sure Insurance, the rising costs and the delivery of health care service. The board requested that this letter be sent to our Federal and State Representatives.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the MN Sure Health Care letter and authorize Chairman Moorman to sign.

Human Resources

Human Resource Director, Karen Ose met with the board to discuss the salary grade level for Deputy Auditor/Treasurer-Motor Vehicle Supervisor/Board Secretary.  This job description was sent to an outside evaluation firm and it was recommended that it be increased one grade due to the increased responsibilities of the position.  The Personnel Committee discussed the recommendation and agreed that it should be brought to the Boards’ attention for their determination.  As such, the Board agreed that the position be changed to a Grade Level 11.

Motion

Motion was made by Commissioners Beckel, seconded by Commissioner Hanson and carried unanimously to approve the Deputy Auditor/Treasurer, Motor Vehicle Supervisor/Board Secretary to Grade 11, Step 12, $23.67 per hour, points 261, effective November 21, 2016.

Recess

The meeting was called to recess at 10:12 a.m. and reconvened at 10:15 a.m., as follows:

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $47,683.73, Road & Bridge $53,386.27, County Devel.$4,355.00, Solid Waste, $33,087.43, EDA, $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/15/2016 For Payment 11/18/2016

Vendor Name                                                    Amount

Cenex Co-Op Services, Inc.                                                    4,130.95

Computer Professionals Unlimited Inc                                  3,193.00

Howard’s Oil Company                                                           4,131.37

Johnson Auto & Machine                                                        2,174.52

Liberty Tire Recycling, LLC                                                      7,390.01

LOW Highway Dept                                                                  7,448.46

Mar-Kit Landfill                                                                        11,456.50

Marco Technologies LLC                                                      12,532.97

Mn Dept Of Transp                                                                 13,991.91

Northern Light Region                                                             3,093.00

Nuss Truck & Equipment                                                          5,001.28

Outdoors Again                                                                        2,078.91

R & Q Trucking, Inc                                                                  2,505.10

Rinke-Noonan                                                                          3,005.00

Traffic Marking Service, Inc.                                                  13,656.58

Widseth Smith Nolting&Asst Inc                                            2,266.67

Woody’s Service                                                                       2,381.64

Ziegler, Inc                                                                                2,253.57

92 Payments less than 2000  35,865.55

Final Total: 138,556.99

Further moved to authorize the payment of the following auditor warrants: October 26, 2016 – $449,166.79, November 2, 2016 – $420,573.85, November 9, 2016 – $131,947.52.

2017 Health Insurance

County Auditor/Treasurer Lorene Hanson met with the board and reviewed the health insurance premium increase and the County share.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to approve an increase of the caps an additional $40.00 per month for both single and family.

DNR, METALLIC MINERAL LEASE SALE

Vicki Sellner, met with the board and informed the board that the DNR plans to hold a lease offering of state-owned metallic mineral leases for 506 mining units in Northern Minnesota in early 2017, and that Lake of the Woods County is in the area with 25,566 acres of state land.

SENIOR MEALS

Cynthia Christopherson met with the board and presented the 2015 Annual Report for Meals on Wheels and meals served at the Brink Center.

2017 SOLID WASTE ASSESSMENTS

Public Works Director, Tim Erickson met with the board requesting approval for 2017 Solid Waste fees, informed the board that he is working on a Solid Waste charge back fee formula  for work done by the Public Works Department for Solid Waste Department and working on Public Works Procedural and Policy Manual.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the 2017 Solid Waste Assessment fees at $110.00 for everyone except the seasonal resorts/hotels (leaving them at $86).

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the following disposal fees: Semi trailer tire disposal – $10.00 per tire, Tractor tire disposal – $25.00 per tire, TV disposal fee – $25.00, Appliance disposal fee  – $5.00 for microwave size and larger.

COUNTY AUDITOR/TREASURER

2017 Con-Con Funds

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for the 2017 Con-Con Fund distributions, payable 2017.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the following Con-Con distributions to the following:

2017 Con-Con

Baudette Arena Association                           $20,000

Beaver Control                                                $10,000

Drainage Account                                           $10,000

Williams Arena Association                            $  7,000

Baudette Chamber Projects                            $  5,850

Baudette Community Foundation-Grand      $  4,000

EDA-                                                              $10,000

Friend Against Abuse                                     $  2,500

L/W Historical Society                                   $  7,500

L/W Humane Society                                     $  6,000

University of MN Extension                          $  2,000

Williams Public Library                                  $     650

Joint Powers Nat. Res. Board                         $  1,000

Keep It Clean                                                  $  2,500

L/W Rod and Gun Club- Range Impr.           $  1,500

L/W School Trap Team- Opera. Expense       $  2,000

L/W Sr. Fishing                                               $  2,000

North West Monument Project                       $  5,000

Rinke-Noonan-Retainer Drainage                  $  2,400

S. Louis County- (NCLUCB)                                    $  2,000

Take-A-Kid Fishing                                        $  1,000

Widseth Smith Nolting                                   $16,000

Auditing Fees                                                 $     800

RECESS

The meeting was called to recess at 12:25 p.m. and reconvened at 1:05 p.m. as follows:

LAND AND WATER PLANNING

Land and Water Planning Director met with the board and presented an condition use permit for Dean and Shirely Wiersma to allow applicant to conduct a commercial business consisting of welding fabrication, vehicle sales and service and general repair shop in a Rural Residential District. Josh informed the board that the Planning Commission’s recommendation is to approve the Conditional Use Permit with conditions.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the following Conditional Use Permit for Dean and Shirley Wiersma with conditions:

Name of Applicant:  Dean and Shirley Wiersma                                            Date:  November 15, 2016

Location/Legal Description:  A 5.86 acre tract (336’x760’) in the S½SE¼SE¼ of Section 18, Township 161N, Range 31W

Project Proposal:  To allow applicant to conduct a commercial business consisting of welding fabrication, vehicle sales and service and general repair shop in a Rural Residential District.

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

Why or why not? Adjacent to another Conditional Use Permit (CUP) and in the 172 growth corridor.

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

YES (X) NO (  ) N/A (  )

Why or why not? Adequate parking has been addressed on the site. Septic system is in compliance. Waste oil, antifreeze and other potential contaminants to be collected and disposed of properly

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?  Sedimentation and nutrient loading of water bodies is not an issue as the site is not located in the 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? Minimal alteration of the site was conducted for the construction of the shop building.

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? Site is not located in the floodplain and/or floodway.

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

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

Why or why not? Erosion is not an issue as the property is flat and has a good vegetation established.

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

Why or why not?  Parallel to County Road #73.

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

Why or why not?  Next to another Conditional Use Permit business.

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

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

Why or why not? Project area is not located in the 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 to be collected and disposed of properly and the septic system is in compliance.

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? Not located in the 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?  Septic up to date.       

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? Not located in the shoreland area of public waters and the use of the property has no effect on the types, uses, and numbers of watercraft to be on 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? No storage tanks are proposed with this request.

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? Property has a good visual barrier on the north and west sides of the property. Due to the type of business requested, a visual barrier on the south side of the property would not allow viewing of products from County Road 73. A driveway easement and existing business is located on the east side of the property and does not require a buffer.

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

Why or why not?  One 4’x8’ on posts facing roadway.

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

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

Why or why not?  Parking on site for up to ten (10) vehicles.

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 Monday through Saturday from 8:00 a.m. to 5:00 p.m.
  2. No more than ten (10) vehicles, either for sale or being repaired, to be present on the property at any given time.
  3. No more than ten (10) goods produced on site to be displayed outside at any given time.
  4. One (1) 4 foot by 8 foot sign, facing County Road 73, is allowed.

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

                                                                                    _____________________________________

                                                                                                            Kenneth Moorman

                                                                                                        Chair, County Board

Jamie Negus Conditional Use Permit

Land and Water Planning Director, Josh Stromlund met with the board and informed the board that the Planning Commissioner met on November 2, 2016 and reviewed the conditions placed upon said Conditional Use Permit for Jamie Negus and informed the board that Jamie Negus requested an extension of his timeline to establish the visual barrier. Josh explained that Jamie planted 60 White Spruce trees on three sides of the storage area, however, with the high unusual amount of rainfall this summer, several of the trees died, and also not being able to get to the site due to the wetness of the ground; and most likely the trees that would be planted would die. Josh informed the board that the Planning Commission recommended granting a one year extension and allowing him to plant Native Willow while still giving him the option of planting White Spruce if he desires.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the one year extension for Jamie Negus by allowing him to plant either Native Willows or White Spruces trees.

Recess

The meeting was called to recess at 1:15 p.m.

DITCH 26&28-

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to close the regular meeting at 1:16 p.m. and open Ditch Authority Meeting for Ditch 26 & 28.

Ditch 26

Discussed Ditch 26 and the need to determine a work plan, such as cleaning out brush first, which could cost between $20,000 to $30,000, then they can determine what the next steps will be for Ditch 26.

Ditch 28

Discussed the outstanding balance owed to the general fund of $33,000 for work completed on Ditch 28. After this is paid back, Public Works Department will figure out what is needed to be fixed and then hold another Public Hearing to determine ditch assessments.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to close the Public Hearing at 1:30 p.m. and open the regular meeting.

Ditch 26

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to set Ditch 26 Assessment in the amount of $20,468.10 for a one-year assessment for 2017; and to direct Public Works Director Tim Erickson to review the additional repair costs and report back to the County Board in early  2017 for future assessments.

Ditch 28

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to set Ditch 28 Assessment in the amount of $34,099.75 for a one-year assessment for 2017, with an interest rate of 1% to pay back the Revenue Fund; and to direct Public Works Director Tim Erickson to review the additional repair costs and report back to the County Board in early 2017 for future assessments.

Closed Sessions

Motions

Motion was made by Commissioner Patty Beckel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting at 2:00 p.m. and open the closed session pursuant to MN Stat.§13D.03, Subd. 1(b), Union Negotiations. Present were: County Attorney Jim Austad, Human Resource Director Karen Ose, County Auditor-Treasurer Lorene Hanson, and Commissioners: Hanson, Nordlof, Moorman, Beckel and Arnesen.

Motion was made by Commissioner Tom Hanson, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 2:07 p.m.

Motion was made by Commissioner Patty Beckel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting at 2:08 p.m. and open the closed session pursuant to MN Stat.§13D.05, Subd. (3), Security Issues. Present were:  County Attorney Jim Austad, Human Resource Director Karen Ose, County Auditor/Treasurer Lorene Hanson, and Commissioners: Hanson, Nordlof, Moorman, Beckel and Arnesen.

Motion was made by Commissioner Tom Hanson, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 2:25 p.m.

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Patty Beckel and carried unanimously to close the regular meeting at 2:30 p.m. and open the closed session pursuant to MN Stat.§13D.05, Subd. 3, (b) Attorney Client Privilege. Present were:  County Attorney Jim Austad, Human Resource Director Karen Ose, County Auditor/Treasurer Lorene Hanson and Commissioners: Hanson, Nordlof, Moorman, Beckel and Arnesen.

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting at 3:55 p.m.

Motion was made by Commissioner Tom Hanson, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting at 3:56 p.m. and open the closed session pursuant to MN Stat.§13D.05, Subd. 1, (b) (c), Land Negotiation. Present were:  County Attorney Jim Austad, County Auditor/Treasurer Lorene Hanson and Commissioners: Hanson, Nordlof, Moorman, Beckel and Arnesen.


Motion was made by Commissioner Tom Hanson, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting at 4:00 p.m.

Correspondence

The County Board acknowledged a letter from MN Pollution Control Agency regarding the Score Block Grant Fiscal Year 2017.

RECESS

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

Attest:                                                                                     November 29, 2016

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Ken Moorman

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

Commissioner Proceedings

November 29, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 29, 2016 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions: Ditch Letter, Life Flight, Human Resources, and Valley Life Flight.  

Approval of Minutes

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of November 15, 2016.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the following claims: Commissioners Warrant’s $5,449.97, Commissioners Warrant’s $4,470.18, Commissioners Warrant’s $16,140.36.

Joint Powers Agreement

Social Service Director, Amy Ballard met with the board requesting approval to enter into an Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension for use of data communications network.

Resolution

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

RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE COUNTY OF LAKE OF THE WOODS ON BEHALF OF ITS COUNTY

    SOCIAL SERVICES

Resolution No. 16-12-02

Whereas; the County of Lake of the Woods on behalf of Social Services desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the County is eligible.  The Joint Powers Agreement further provides the County with the ability to add modify and delete connectivity, systems and tools over the five year life of the agreement. 

NOW, THEREFORE, BE IT RESOLVED; by the County Board of Lake of the Woods County in Baudette, MN as follows:

  1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of Lake of the Woods on behalf of its Social Services department are hereby approved.  A Copy of the Joint Powers Agreement is attached to this resolution and made a part of it. 
  2. That the Director, Amy Ballard, or her successor, is designated the Authorized Representative for Social Services.  The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State. 
  3. That Ken Moorman, Chair of the County Board of Commissioners and County Auditor/Treasurer, Lorene Hanson, the county board clerk, are authorized to sign the State of Minnesota Joint Powers Agreement. 

Passed and Adopted by the Lake of the Woods County Board on this 29th day of November, 2016.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the claims against the County as follows: Revenue $35,817.26, Road & Bridge $3,979.15, County Devel.$850.00, Joint Ditch $400.00, Solid Waste, $3,639.92, EDA, $2,283.95.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/28/2016 For Payment 11/30/2016

Vendor Name                                                    Amount

Hoffman, Philipp & Knutson, PLLC                                    15,300.00

Lakewood Health Center                                                       4,139.84

Marco Technologies LLC                                                    4,691.81

Midwest SteepleJacks Inc                                                    9,430.00

33  Payments less than 2000  13,408.63

Final Total: 46,970.28

Further moved to authorize the payment of the following auditor warrants: November 16, 2016 – $11,150.24, November 17, 2016 – $368,895.50, November 17, 2016 – $(43.74)- November 23, 2016- $20,936.34.

Tower Space Lease

County Auditor/Treasurer Lorene Hanson met with the board and presented a Tower Space Lease from Wikstrom Telephone Inc. for use of tower space. County Sheriff, Gary Fish informed the board that there were not to be any cost associated with the usage of the tower space. The revised contract states two years free and then a cost of $200.00 per month thereafter. Gary stated that he would not approve this and will report back to the board at the next meeting.

University Of North Dakota.

County Auditor/Treasurer Lorene Hanson met with the board and presented the 2017 Medical Examiners Services Contract to the board. Lorene informed the board that the current contract is based on the 2015 population estimate, and per agreement, they are increasing the rates by 2.5% in the contract.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the 2.5% increase to the Medical Examiners Contract and authorize Chairman Moorman and County Auditor/Treasurer, Lorene Hanson to sign.

Union Health Insurance Contract

County Auditor/Treasurer, Lorene Hanson met with the board to discuss the Union Health Insurance Contract and explained that she requested language changes per County Attorney and they did not make the requested changes. The board stated that they will approve it this year, but requested that they make changes for next year.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the Union Insurance Contract for 2017.

VALLEY MED FLIGHT, INC.

County Auditor/Treasurer, Lorene Hanson met with the board and informed the board that the county received notification of renewing their membership with Valley Med Flight in the amount of $16,092.50 for 2017 services.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to renew Valley Med Flight membership for 2017 in the amount of $16,092.50.

Ditch Letters

County Auditor/Treasurer, Lorene Hanson met with the board and presented the Ditch Letter that the Ditch Authority requested to be drafted. The board requested that the estimated ditch tax be included in the courtesy letter.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to approve the Ditch Letter and authorize Chairman Moorman to sign.

SHERIFF

Federal Boat and Water Grant

County Sheriff, Gary Fish met with the board and requested approval for Federal Boat and Water grant.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve County Sheriff, Gary Fish to sign the Conflict of Interest form for the Federal Boat and Water Grant.

Resolution

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

A Resolution Authorizing the Federal Boating Safety Supplement Grant Agreement

Resolution 16-11-03

WHEREAS, under the provisions of M.S. § 84.026 Subd. 1 the State is empowered to enter into this grant; the Sheriff of each county is required to carry out the provisions for recreational boating safety promulgated by the Commissioner.

WHEREAS, the allocation of funds by the Commissioner to assist in the funding of specific items for recreational boating safety.

NOW, THEREFORE, BE IT RESOLVED that the Chairman, Auditor/Treasurer and Sheriff are hereby authorized to execute the Federal Boating Safety Supplement Grant Agreement, for the period of October 1, 2016 through January 31, 2017 in the amount of $69,742.00 and authorize Sheriff Fish and Chairman Moorman to sign.

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

PUBLIC WORKS

Assistant Public Works Director, Boyd Johnson met with the board requesting final payment for Co. Road 17.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the final payment for SP 068-617-007, SP 039-070-005, SP 068-617-006 and SP 039-617-008 in the amount of $249,162.98.

Landfill

Tools

Landfill Supervisor, Ted Furbish met with the board requesting approval to purchase tools for the

Landfill.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the purchase of tools for the Landfill for up to $ 3,000.

Oil Filters

Landfill Supervisor, Ted Furbish informed the board of the issues they are encountering with the disposal of oil filters. He explained to the board that the new vendor that picks up oil filters does not stop at the land fill for county staff to inventory the used oil filters and therefore cannot verify the bills and amount due to the vendor. He requested that all service centers in Lake of the Woods County drop them off at the landfill and the vendor can pick them up there. The consensus of the board was that Ted could call the services centers and notify them of the change in procedures of the disposal of oil filters.

FRIENDS AGAINST ABUSE

Executive Director, Jenelle Feller met with the board requesting support for the Friends Against Abuse program for Lake of the Woods County. Jenelle informed the board that this program has been in existence here for sixteen (16) years. The program helps victims of domestic violence, sexually assaulted and assault victims. The board informed Jenelle that the board approved $2,500 for Friends Against Abuse at the November 15, 2016 board meeting.

RECESS

The meeting was called to recess at 10:05 a.m. and reconvened at 10:12 a.m.

HUMAN RESOURCES

Human Resources Director, Karen Ose met with the board and requested to set a date for interviews for the Human Resource Director. The board set a special session for December 7, 2016 at 8:00 a.m. for interviews.

FILE OF LIFE

Chairman Moorman informed the board that the “File of Life Campaign” would like to request funding for mailing out the File of Life packets.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to allocate up to $3,000 for the File of Life Campaign with funding from the unallocated account, and for the committee to request funds as needed up to the allocation amount.

CLOSED SESSIONS

Motions

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Patty Beckel and carried unanimously to close the regular meeting at 10:30 a.m. and open the closed session pursuant to MN Stat.§13D.05, Subd. 3, (b) Attorney Client Privilege. Present were:  County Attorney James Austad, Commissioners: Hanson, Nordlof, Moorman, and Beckel.

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to close the closed session at 12:08 p.m. and open the regular meeting.

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to close the regular meeting at 12:12 p.m. and open the closed session pursuant to MN Stat.§13D.03, Subd. 1(b), Union Negotiations. Present were: County Attorney Jim Austad, Human Resource Director Karen Ose, County Auditor-Treasurer Lorene Hanson, and Commissioners: Hanson, Nordlof, Moorman and Beckel.

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to close the closed session and open the regular meeting at 12:40 p.m.

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to close the regular meeting at 12:41 p.m. and open the closed session pursuant to MN Stat.§13D.05, Subd. 3, (b) Attorney Client Privilege. Present were:  County Attorney Jim Austad, County Auditor/Treasurer Lorene Hanson and Commissioners: Hanson, Nordlof, Moorman, and Beckel.

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to close the closed session and open the regular meeting at 12:46 p.m.

Correspondence

The County Board acknowledged the following: MCIT-2016 Annual Meeting December 5, 2016 and County TV Services letter.

RECESS

With no further business before the board, Chairman Moorman called the meeting to recess at 12:47 p.m.

Attest:                                                                                     December 13, 2016

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Ken Moorman

October, 2016

Commissioner Proceedings

October 11, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 11, 2016 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the agenda with the following additions: Union Health and Welfare Agreement.

Approval of Minutes

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of September 27, 2016.

SOCIAL SERVICES

Claims

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

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the following claims against the county: Commissioners Warrants: $ 11,297.35; Commissioners Warrants: $2,909.63.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the claims against the county as follows: Revenue $56,948.79, Road & Bridge $143,377.92, County Devel.$6,423.72, Natl Resc. Enhanc. $4,897.26, Forfeited Tax, $44,459.03, EDA, $963.80.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/11/2016 For Payment 10/14/2016

Vendor Name                                                    Amount

Bauer Built, Inc                                                                     17,312.88

Border Ridge Trucking Inc                                                99,970.00

Burg Electronic Recovery                                                   14,201.60

Computer Professionals Unlimited Inc                              13,193.00

Contech Engineered Solutions LLC                                   7,755.70

Dynamic Imaging Systems, Inc                                            2,960.00

Government Management Group, Inc                                 3,500.00

Howard’s Oil Company                                                         2,464.68

Jake’s Quality Tire Inc                                                          4,814.18

Liberty Tire Recycling, LLC                                                   2,480.05

LOW Highway Dept                                                               7,451.90

Mar-Kit Landfill                                                                     13,063.00

R & Q Trucking, Inc                                                               3,877.65

Rinke-Noonan                                                                       5,097.26

SeaChange Printing&MarketingServices LLC                   3,959.98

University Of Mn                                                                    9,658.84

Voyageurs Comtronics, Inc                                                  3,388.88

Widseth Smith Nolting&Asst Inc                                          7,783.17

Woody’s Service                                                                   4,281.17

Ziegler, Inc                                                                             3,034.84

71 Payments less than 2000  26,821.74

Final Total: 257,070.52

Further moved to authorize the payment of the following auditor warrants: September 28, 2016 – $24,697.85, September 30, 2016- $364,212.63, October 3, 2016 -$146,454.31, October 3, 2016-($104.90), October 5, 2016-$38,100.75, October 5, 2016-$8,689.41.

Union Health & Welfare Agreement

County Auditor/Treasurer Lorene Hanson and County Attorney, James Austad presented the Operating Engineers Local #49 Health and Welfare Fund Bargaining Premium Account Participation Agreement with the board. No further action was taken.

SHERIFF

Cell Phone Stipend

County Sheriff, Gary Fish met with the board requesting approval for a cell phone stipend for Julie Berggren.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve a smart phone stipend in the amount of $60.00 per month for Administration Assistant Julie Berggren.

EMERGENCY MANAGEMENT

Emergency Management Director, Jill Olson met with the board requesting approval to purchase one new consolette, four (4) used portable ARMER radios and three small base consoles for the office in the amount of $7,000, which does not include set-up charges.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve  one new consolette, four (4) used portable ARMER radios and three small base consoles for the office in the amount of $7,000,( which does not include set-up charges) with $5,000 from the 911 fund and the balance from the Sheriff’s budget.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board to discuss appointment to the Lake of the Woods One Watershed One Plan committee.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to appoint Commissioner Arnesen to the One Watershed, One Plan Committee and appoint Commissioner Beckel and Commissioner Moorman as alternates.

KELLY CREEK PLAT

Michelle Moren, Attorney at Law met by conference call with the County Board to discuss the Kelly Creek Road Vacation. She recommended to the board to have an abstract completed on the property at the Kelly Creek road entrance, south of the plat and north of the highway.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to authorize Michelle Moren, Attorney at Law to order an abstract to be completed on Kelly Creek road entrance, south of the plat and north of the highway and to move forward with all the necessary steps to complete the road vacation.

SWCD

SWCD Resource Technician, Mike Hirst met with the board to update them on the Shoreline Clean Up project that the Keep It Clean Committee completed this year,  updated the board on the Aquatic Invasive Species campaign and that they are still working on a Decontamination Station for boats. Mike also informed the board that a County Owned Dumpster used for the Keep It Clean was damaged by fire and burned the cover off at the site by Swift Ditch. The cost of fixing it, is close to $500.00. Mike informed the board that the Lake of the Woods Public Works Department offered to fix it for them.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to repair the Dumpster up to $500.00 with the funding from the Con-Con fund.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board to discuss 1st Ave NW road repair. Tim explained that the county will re-do the road when they have enough funds in the State Aid account, but for now they will do a short term patch.

Final Payment SAP039-6491-001

Public Works Director Tim Erickson met with the board requesting final payment for SAP039-6491-001 in the amount of $199,940.00. This was for the gravel that was place on the NWA road.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve SAP039-649-001 final payment in the amount of $199,940.00 to Border Ridge Trucking, Inc.

Correspondence

The boards acknowledged the following thank you letters- Williams Potato Day and Senior Boating.

SOLID WASTE ASSESSMENTS

Public Works Director, Tim Erickson reviewed the 2017 Solid Waste Assessments and the revised Unit Table based on solid waste assessments fees. The board discussed the tire disposal fees for the County Landfill. After discussion the Solid Waste Committee set a meeting date for November 2, 2016 at 5:00 p.m. for further discussion.

Williams Shop

Public Works Director, Tim Erickson informed the board that he is getting quotes to purchase a new furnace for the Williams Shop that he budgeted for this year.

Newly Hired   

Public Works Director, Tim Erickson informed the board that he hired Kyle Onstad for Senior Inspector effective October 24, 2016 at grade 12, Step 1, $20.05 per hour, points 274.

RECESS

With no further business before the board, Chairman Moorman called the meeting to recess at 12:30 p.m.

Attest:                                                                                     October 25, 2016

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Ken Moorman

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

Commissioner Proceedings

October 25, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 25, 2016 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the agenda with the following additions: Audit letter of confirmation for Audit and Financial Statements, Appointment of Buffer Administrator, MRA contract, Thank-you letters.

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of October 11, 2016.

SOCIAL SERVICES

Claims

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county: Commissioners Warrants: $ 6,860.98; Commissioners Warrants: $3,284.49; $7,484.74.

MN DHS- MENTAL HEALTH SERVICES

Social Services Director, Amy Ballard met with the board requesting approval to enter into a contract with the State of Minnesota, Department of Human Services Mental health Division for Adult Mental Health.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to enter into a grant contract with the State of Minnesota, Department of Human Service, Mental Health Division to collaborate to provide support of services pursuant to MN Statutes, section 256.01, subdivision 2(a)(6) and 245.461 to 245.486( Minnesota Comprehensive Adult Mental Health Act), effective January 1, 2017 thru December 31, 2018 and authorize Social Services Director, Amy Ballard and County Attorney,  James Austad to sign.

Health Care Services-MN-Sure

The board discussed a letter of concern from Alan and Jody Burke in regards of MN Sure Insurance, the rising costs and the delivery of health care service which requires them to get health service from areas other than our local health care providers, which forces them to drive 320 miles to the nearest hospital and 260 miles to the nearest Primary Care Clinic under Blue-Cross-Blue-Shield-Blue Plus plan. The other option would require them to travel 170 miles away. After discussion, the board requested that a letter be drafted and then reviewed to send to local Senators, Representatives.

MIS

MIS Director, Peder Hovland met with the board and introduced newly hired IT Tech 1, John Butenhoff to the board.

EXIT INTERVIEW

Colleen Hoffman, from Hoffman Philipp & Knutson PLLC met with the board to review the 2015 year-end Audit.

LETTER OF CONFIRMATION

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of a Letter of Confirmation for Audit and Financial Statements with Hoffman, Philip & Knutson PLLC for auditing of the financials for Lake of the Woods County.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to authorize Chairman Moorman and County Auditor/Treasurer to sign the letter of confirmation for Auditing and Financial Service with Hoffman, Philipp & Knutson PLLC.

AUDITOR/TREASURER

Land Donation

County Auditor/Treasurer, Lorene Hanson met with the board to inform the board that an individual would like to donate approximately 10 acres of land to the county, this property would connect to the Lake of the Woods Boy Scout Park. The board requested that County Auditor/Treasurer, Lorene Hanson get appraisal and abstract done on the parcel of land from outside vendors.

Claims

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the claims against the county as follows: Revenue $45,835.59, Road & Bridge $220,869.46, County Devel.$385.67, Solid Waste, $1,848.81, EDA, $3,885.85.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/25/2016 For Payment 10/28/2016

Vendor Name                                                    Amount

Cenex Co-Op Services, Inc.                                                 5,481.52

Compass Minerals America                                                  6,300.96

Cps Technology Solutions                                                  3,800.00

Farmers Union Oil Co.                                                          2,777.29

Hasler                                                                                      2,000.00

John Deere Financial                                                            7,681.95

Knife Lake Concrete Inc                                                      15,444.10

Lake Superior College                                                           2,800.00

Lavalla Sand & Gravel Inc                                                 100,000.00

M & J Construction Of Holt, Inc.                                         79,130.25

Mn Counties Information System                                        2,142.50

Mn State Dept-Correction                                                   17,833.04

Northwest Community Action, Inc                                       3,122.00

Roseau-LOW Title & Abstract Co. Inc                                  3,980.00

50 Payments less than 2000   20,331.77

Final Total:  272,825.38

Further moved to authorize the payment of the following auditor warrants: October 12, 2016 $121,031.98, October 17, 2016 $40.00, October 19, 2016 $1,564.31.

County Surveyor Contract

County Auditor/Treasurer Lorene Hanson met with the board requesting the board to approve County Surveyor, Donn Rasmussen Provisional Service Contract.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to approve County Surveyor, Donn Rasmussen contract for Professional Land Survey Services effective January 1, 207 thru December 31, 2020, in the amount of $13,000 per annum.

Snowmobile Maintenance and Grooming Grant Agreements

County Auditor/Treasurer Lorene Hanson met with the board requesting approval for the Maintenance and Grooming Grant Agreement with the State of MN for Maintenance of snowmobile trails.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the Snowmobile Grant Agreement with the State of Minnesota for Trails and Maintenance and Grooming in the amount of $161,121.60.

Amend Agenda

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to amend the agenda and add MRA.

MRA

County Auditor/Treasurer, Lorene Hanson met with the board and presented The MRA contract with Lake of the Woods County for Human Resources services.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the MRA contract for Human Resources services and authorize Chairman Moorman to sign.

LAND AND WATER PLANNING

Buffer Administrator

The board discussed the appointment of a Buffer Administrator for Lake of The Woods County.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to appoint Land and Water Planning Director, Josh Stromlund as the Lake of the Woods County Buffer Administrator.

Recess

The meeting was called to recess at 9:40 a.m. and reconvened at 9:45 a.m. as follows:

Amend Agenda

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to amend the agenda and add Human Resource Director to the agenda.

Human Resource Director

Human Resource Director, Karen Ose met with the board and notified them that she plans on resigning by December 31, 2016. Karen informed the board that she will stay and train the newly hired Human Resource Director and that she has a few projects that she has been working on and plans on having them completed before she is done.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to authorize Human Resource Director, Karen Ose to advertise for hiring of a Human Resource Director for Lake of the Woods County.

PUBLIC WORKS DIRECTOR

Public Works Director, Tim Erickson and MN DOT District Engineer, Craig Collision met with the board to discuss construction projects. Craig thanked the community for their patience with the road construction and for Davidson Contracting for completing the road project in a timely matter.

The board discussed cattail spraying, invasive species weeds.  Dave Marhula discussed ditch drainage issues south on  HWY 72.

HEALTH INSURANCE and 2017 Con-Con Funds

County Auditor/Treasurer Lorene Hanson reviewed the 2017 health insurance rates and Con-Con funds with the board. The board requested that this be placed on the November 15 meeting for approval.

CORRESPONDENCE

Thank-You letters were acknowledged from Williams Public Library board and Williams Ice Arena board.

RECESS

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

Attest:                                                                                     November 15, 2016

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Ken Moorman

September, 2016

Commissioner Proceedings

September 27, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 27, 2016 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the agenda with the following changes: Remove Social Services Grants, and  add Health Insurance and Broadcasting High School Tournaments.

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to approve the official and summarized minutes of September 13, 2016.

SOCIAL SERVICES

Claims

Social Service Director, Amy Ballard met with the board requesting approval of claims and introduced newly hired Eligibility Worker Hannah Palm to the board.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county: Commissioners Warrants: $ 7,464.48; Commissioners Warrants: $16,158.93.

Credit Card

Social Service Director, Amy Ballard met with the board requesting approval for a credit card for Eligibility worker, Hannah Palm.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to authorize Eligibility Worker, Hanna Palm a county issued credit card.

ASSESSORS

County Assessor, Mary Jo Otten met with the board to inform them that her term as County Assessor will be expiring at the end of the year.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to appoint Mary Jo Otten as Lake of the Woods County Assessor for another term beginning January 1, 2017 thru December 31, 2020.

MN Tax Court

County Assessor, Mary Jo Otten informed the board that MN Energy Resources Corporation filed an appeal with the Commissioner of Revenue appealing the valuation of their utility operating property for assessment year 2016 for taxes payable year 2017. Mary Jo explained that this could affect the values certified to Lake of the Woods County for MN Energy Resources; however, in our County it would not have a large impact as other counties.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the claims against the county as follows: Revenue $15,555.53, Road & Bridge $28,999.38, Solid Waste $328.15, EDA $3,578.00

WARRANTS FOR PUBLICATION

Warrants Approved On 9/27/2016 For Payment 9/30/2016

  Vendor Name                                                  Amount

   Lavalla Sand & Gravel Inc                                                20,292.00

   LOW School District–390                                                  3,000.00

   Minn-Dak Asphalt Inc                                                         2,488.50

   Northwest Community Action, Inc                                     3,578.00

   Rtvision Inc                                                                         4,264.00

30  Payments less than 2000   14,838.56

Final Total: 48,461.06

Further moved to authorize the payment of the following auditor warrants: September 14, 2016 – $869,270.04, September 21, 2016- $991,254.70

2017 Proposed Budget

County Auditor/Treasurer Lorene Hanson presented the 2017 Proposed Budget to the board for their approval.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the 2017 Proposed Budget with a 2.5 % levy increase.

Resolution Adopting

Proposed 2017 Budget and Tax Levy

Resolution   2016-09-01

The following Resolution was proposed and moved for adoption by Commissioner Tom Hanson:

WHEREAS, the Proposed County Budget for the year 2017 has been reviewed by the Lake of the Woods County Board of Commissioners; and

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2017:

Revenue Fund                                               $ 1,607,395

Road & Bridge Fund                                    $    339,580

Social Services Fund                                     $    603,935

Economic Development Authority Fund    $      60,000

2017 Proposed Budget and Tax Levy         $ 2,610,910

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2017:

                        Twp Road & Bridge                                     $   437,555*

                        Twp Fire – Baudette                                      $     30,000  

                        Twp Fire – Williams                                      $     30,159  

                        Twp Fire – NW Angle                                   $       6,500

                        Total                                                               $   504,214  

2017                

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

A public meeting to discuss the 2017 Proposed Budget and Tax Levy will be held on Tuesday, December 13, 2016, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room.

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

Voyageurs Comtronics Corporation

County Auditor/Treasurer, Lorene Hanson met with the board to inform them that Lee Hervey forwarded a memorandum of understanding from KSTC-TV regarding sublicensing of rights to broadcast specified MN State High School League Championship Games, with a $300.00 cost which will allow Voyageurs to install an antenna which will make this possible remotely.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to authorize Voyageurs Comtronics Corporation to sign the Memorandum of Understanding with KSTC-TV for broadcasting specified MN State High School League Championship games and authorizes payment of $300.00 for installing an antenna, with the funding from the revenue fund.

CORRESPONDENCE

The board reviewed the following correspondence: MN Tourism, MN DNR- Krohn Property.

OLD/NEW

Commissioner Beckel informed the board that Wheelers Point Sewer District is still waiting on wetlands approval; and the county board requesting removing HWY 11 from Old/New Business.

AMEND AGENDA

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to amend the agenda and add Ditch 7, 26 and Ditch 28 to the agenda.

Ditch Discussion

Marshall Nelson met with the board to discuss ditch issues.

Motion-Ditch 7&26

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to set a Public Hearing on October 27, 2016 for Ditch 7&26 starting at 6:00 p.m.

Motion-Ditch 28

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to set a Public Hearing on November1, 2016 for Ditch 28 starting at 6:30 p.m.

RECESS

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

Attest:                                                                                     October 11, 2016

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Ken Moorman

August, 2016

Commissioner Proceedings

August 16, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 16, 2016 at Lake of the Woods County Government Center in the Commissioners Room.

Call to Order

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

Approval of Agenda

Motion

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

Approval of Consent Agenda

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to approve the following: Alison Hauger for Child Safety and Permanency Training; Sheri Stebakken for Licensing training, Shelley Phillippe for MFWCAA; Mary Jo Otten  for CPU Meeting; Janet Rudd to St. Cloud for MDRA Conference; Dawn Christianson and Stacy Novak on for CPU ; Karlene Stay for SSIS Mentor Meeting. 

Approval of Minutes

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of July 26, 2016.

EMERGENY MANAGEMENT

Emergency Management Director, Jill Hasbargen Olson met with the board and requested approval for the Emergency Management Performance Grant in the amount of $13,666 with matching funds of $13,666.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve and enter into a Emergency Management Performance Grant with the MN Department of Public Safety (STATE) GRANT NUBMER A-EMPG-2016-LOTW-CO-041, effective January 1, 2016-December 31, 2016 in the amount of $13,366.00 with matching funds of $13,666.00 and authorize Emergency Management Director, Jill Hasbargen Olson , County Auditor/Treasurer Lorene Hanson and Chairman Moorman to sign.

SOCIAL SERVICES

Claims

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the following claims against the county: Commissioners Warrants: $ 15,677.87; Commissioners Warrants: $22,334.39.

Home Health Care Meeting

Social Service Director, Amy Ballard informed the board that there will be a Home Health Care meeting on September 20, 2016.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the claims against the county as follows: Revenue $64,161.81, Road & Bridge $44,318.52, Co. Develop $1,151.28 , Solid Waste $30,795.08, EDA $835.87.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/16/2016 For Payment 8/19/2016

Vendor Name                                                    Amount

Cenex Co-Op Services, Inc.                                                 6,580.15

Computer Professionals Unlimited Inc                               3,193.00

Farmers Union Oil Co.                                                          5,381.51

Hasler                                                                                     4,000.00

Headwater Regional Development Commiss                     2,500.00

Hoffman, Philipp & Knutson, PLLC                                      4,709.00

Howard’s Oil Company                                                        7,601.05

JMD Manufacturing Inc                                                         3,457.47

Lavalla Sand & Gravel Inc                                                     3,486.25

LOW Highway Dept                                                               3,435.00

Mar-Kit Landfill                                                                     14,091.50

Mn/State Of                                                                           15,000.00

Olson Construction                                                               4,400.00

R & Q Trucking, Inc                                                               5,660.20

Short Elliott Hendrickson, Inc                                              3,726.81

Strata Corp, Inc                                                                      3,277.76

Voyageurs Communications, Inc                                         8,807.70

Walker Pipe & Supply                                                            2,170.00

Woody’s Service                                                                   3,645.33

Ziegler, Inc                                                                             2,449.20

104 Payments less than 2000:  33,690.63

Final Total:  141,262.56

Further moved to authorize the payment of the following auditor warrants: July 27, $5,015.56, August 3, $9,078.33, August 3, $124,820.17, August 10, $4,335.43.    

Lost Warrants

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for Lost Warrant for Joyce Washburn and Warroad School District.

Motions

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the application and affidavit for lost warrant for Joyce Washburn dated May 1, 2016 for $1,829.79 without furnishing indemnifying bond.

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the application and affidavit for lost warrant for Warroad School District dated May 25, 2016 for $125,000 without furnishing indemnifying bond.

North County Community Health Service

County Auditor/Treasurer, Lorene Hanson informed the board that LakeWood Health Center recommended appointment of Tom Mio to the North Country Community Health Board/Services Advisory.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to appoint Tom Mio to the North Country Community Health Board (term expiring 12/31/18),(three year term) and to North Country Community Health Services Advisory (term expiring 12/31/2017) (two year term).

Retention Policy

County Auditor/Treasurer, Lorene Hanson met with the board to discuss the “Scan-Now”, which would allow staff to scan documentation and destroy paper copies. It was recommended by Hoffman, Phillipp, & Knutson, PLLC to add this to the county’s retention policy.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to add the “Scan –Now” to Lake of the Woods Retention Policy.

Vets Grant

County Auditor/Treasurer, Lorene Hanson met with the board and presented a resolution for the Veterans Service Office for operational enhancement grant program.

Resolution

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

RESOLUTION OF LAKE OF THE WOODS COUNTY

Operational Enhancement Grant Program

Resolution No. 16-08-01

BE IT RESOLVED;  by Lake of the Woods County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Laws 2015 Chapter 77, Article 1, Section 37, Subdivision 2.  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County. 

WHEREUPON the above resolution was adopted at Lake of the Woods County Commissioner Meeting this 16 day of August,2016.

Postage Machine

County Auditor/Treasurer, Lorene Hanson met with the board to discuss the maintenance cost on the postage machine. She informed the board that the current postage machine was purchased in 2008. In researching the maintenance costs the county could actually save money by leasing a new machine and paying a set monthly maintenance for five years. The board recommended to also check with other companies and neighboring counties to see what other options are available.

EAGLE SCOUT

Chairman Moorman informed the board that Boy Scout Troop Leader Joe Johnson called him to inform him that Dominick Mugglie has earned the highest advancement rank as an Eagle Scout.

Resolution

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

            RESOLUTION NO. 16-08-02

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

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

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

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

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

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and to discuss the Opt-out of the requirement of MN Statutes, Section 394.307 for Temporary Family Health Care Dwellings.

Resolution

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

RESOLUTION OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 394.307

Resolution No. 16-08-03

WHEREAS, on May 12, 2016, the Governor of Minnesota signed into law Chapter 111 of the 89th Legislature of the State of Minnesota establishing definitions and requirements for Temporary Family Health Care Dwellings, which was introduced during the 2016 legislature session as Senate File 2555 and House File 2497; and

WHEREAS, Chapter 111 amends Minnesota Statute § 394 which regulates county permitting and zoning processes by establishing new rules for the placement of Temporary Family Health Care Dwellings on residential property; and

WHEREAS, the Minnesota Association of County Planning and Zoning Administrators, the professional association for county planning and zoning staff in Minnesota, supports the concept of Temporary Family Health Care Dwellings; and

WHEREAS,Chapter 111 erodes local control of the permitting process; limiting a county’s ability to foster and guide development, and placing undue burden on county staff to forego standard permitting practices; and

WHEREAS, it is the intent of the Lake of the Woods County Board of Commissioners to protect the public health, safety, and general welfare of County residents and the environment of the County; and

WHEREAS, subdivision 9 of Minnesota Statute § 394.307 allows a county to “opt-out” of the regulations through the passage of a county board resolution; now therefore,

BE IT RESOLVED, Lake of the Woods County elects to regulate Temporary Family Health Care Dwellings through already existing permitting standards of the Lake of the Woods County Zoning Ordinance; and

BE IT RESOLVED, pursuant to authority granted by Minnesota Statutes, Section 394.307, Subdivision 9, the County of Lake of the Woods opts-out of the requirements of Minnesota Statutes 394.307, which defines and regulates Temporary Family Health Care Dwellings.

Buffer

Land and Water Planning Director, Josh Stromlund discussed the Governor’s Buffer Initiative and if the county is going to take on the enforcement responsibilities or have the state do the enforcement, for the State needs to be notified by the Board of Water & Soil Resources by March 31, 2017 of the county’s intention. The board set a work session for September 7, 2016 at 7:30 a.m. to discuss the Buffer issue.

SWCD

Land and Water Planning Director, Josh Stromlund informed the board that the SWCD will be hosting the Area 8 meeting on September 22-23.

RECESS

The meeting was called to recess at 10:26 a.m. and reconvened at 10:35 a.m. as follows:

COUNTY SURVEYOR

County Surveyor, Donn Rasmussen met with the board to discuss his 2017 budget and requested an increase of $2,000 in the contract which has not increased since 2012, informed the board that the remonumentation budget can remain the same as last year.

VETERANS SERVICE OFFICER

Veterans Service Officer, Rick Rone met with the board and reviewed his 2017 budget.

GREAT NORTHERN TRANSMISSION LINE

James Atkinson from MN Powers met with the board and updated them on the progress of the transmission line.

HISTORICAL SOCIETY

Historical Society Curator and Executive Director, Marlys Hirst met with the board to discuss the Historical Society’s 2017 budget.

RECESS

The meeting was called to recess at 11:40 a.m. and reconvened at 11:41 p.m. as follows:

CLOSED SESSION

Motion

Motion was made by Commissioner Nordlof, seconded by Hanson and carried unanimously to close the regular meeting at 11:41 a.m. and open the closed session Pursuant to MN Statute 13D.05. Sub. 3, Security Issue/Court House Layout and Employees. Present were: Commissioners Moorman, Arnesen, Beckel, Hanson and Nordlof, County Auditor/Treasurer, Lorene Hanson, Human Resource Director, Karen Ose, Social Service Director, Amy Ballard and County Attorney, James Austad.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to close the closed session at 12:40 p.m. and opened the regular meeting.

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 12:41 p.m.

Attest:                                                                                     Approved: August 30, 2016

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Ken Moorman

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

Commissioner Proceedings

August 30, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 30, 2016 at Lake of the Woods County Government Center in the Commissioners Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to approve the agenda with the following additions: permission to hire, update on maxi van, postage machine, ditch fund, State Patrol contract, S E H, ITV, ProWest Associates and sewer repair.

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of August 16, 2016.

SOCIAL SERVICES

Claims

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the following claims against the county: Commissioners Warrants: $ 11,619.40; Commissioners Warrants: $13,606.91.

Permission to Hire

Social Service Director, Amy Ballard requested approval to hire an eligibility worker.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve Social Services Director, Amy Ballard to hire an eligibility worker at grade 9, step 1, $16.97 per hour, points 218.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the claims against the county as follows: Revenue $48,217.08, Road & Bridge $26,276.86, Co. Develop $1,957.50 , Solid Waste $14,469.71, EDA $3,822.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/30/2016 For Payment 8/31/2016

Vendor Name                                        Amount

                                                LOW Soil & Water Cons. Dist.                                  20,035.50

M-R Sign Co, Inc                                                         2,084.99

Northwest Community Action, Inc                             3,122.00

Olson/George                                                            13,800.00

Pro-West & Associates, Inc                                        2,000.00

Short Elliott Hendrickson, Inc                                    4,622.09

Strata Corp, Inc                                                            2,001.44

Swanston Equipment Corp                                         8,087.93

Titan Energy Systems, Inc                                         2,803.12

Traffic Marking Service, Inc.                                     10,860.35

Widseth Smith Nolting&Asst Inc                                2,874.17

Zuercher Technologies, LLC                                      2,190.00

46 Payments less than 2000 20,261.56

Final Total: 94,743.15

Further moved to authorize the payment of the following auditor warrants: August 17, $18,144.99, August 19, $341,954.46, August 19, $(62.97), August 23, $1,333.93.    

Election Plan

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for an Emergency Election Plan. The State requires you to have a backup location in place in case your designated polling place is unusable for some reason.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the Emergency Election Plan for an alternate polling place.

Postage Machine

County Auditor/Treasurer, Lorene Hanson met with the board to inform them that she has contacted other counties in the area on Postage Machines and recommended that the leasing is the best option at this time.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to approve the upgrade on the postage machine and to enter into a lease with Neo Post.

Maxi Van

County Auditor/Treasurer, Lorene Hanson met with the board and informed the board that the Lake of the Woods County 2001 Chevy Diamond Maxi Van was previously disposed during CY2015.  In accordance with MnDOT Office of Transit Vehicle Disposition/Transfer Procedures, State of Minnesota relinquishes any financial interest in this vehicle and has withdrawn it from the Section 5311 Capital Program and that Lake of the Woods County may now dispose of this vehicle in any manner it chooses. The board requested that a sale be organized to sell all county vehicles that are not being used.

NWA EDGE RIDERS

Joe Laurin, representing the NWA Edge Riders Snowmobile Club met with the board to discuss the possibility of building storage shed for the use of the club. He also informed the board that the club would like to maintain a cross country ski trail on the land by Jim’s Corner. The board informed him that the county has not been deeded that property from the State at this time, but when they do that the county will contact Joe for further discussion. Joe also informed the board that the club would like to create an Icon for the most Northern Spot in the Continental USA and would like to place it by Young’s Bay area which is a common stopping point.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting approval for final payment for SAP 039-602-019 and C.P. 2016-01 Double Chip Seal & Fog Seal.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the final payment of SAP 039-602-019 in the amount of $99,978.80.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the final payment of C.P. 2016-01 Double Chip Seal & Fog Seal in the amount of $201,142.16

Dedicated Ditch Fund

The board discussed setting up a dedicated ditch fund reserve. The board placed this on the next board meeting for further discussion.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval for signatures for the Joint Powers Agreement with Commissioner of Public Safety, State Patrol Division to authorize access to driver and vehicle information and to driver license photos for use in carrying out their duties.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to authorize Chairman Moorman and County Sheriff, Gary Fish to sign the Joint Powers Agreement with the Commissioner of Public Safety, State Patrol Divison.

RECESS

The meeting was called to recess at 10:15 a.m. and reconvened at 10:25 a.m. as follows:

CHI

Danielle Abel, CHI VP Patient Care and Finance Lead Jay Ross met with the board to discuss the 2017 CHI Public Health budget.

S E H

The board reviewed the memo from S E H in regards with the Federal Aviation Administration (FAA) on the potential airport at the Northwest Angle.  FAA has received a congressional inquiry into the viability of federal participation in the construction and improvement of an airport at the Northwest Angle. FAA has indicated they are available to meet with the board to discuss options available. The board requested a meeting to be set up with the FAA.

MIS/MAINTENANCE SUPERVISOR

MIS Director/Maintenance Supervisor Peder Hovland met with the board requesting authorization to purchase an ITV from MARCO for the Commissioners Room use.

Motion

Motion was made by Commissioner Hanson, seconded by Beckel and carried unanimously to authorize MIS/Maintenance Supervisor to purchase an ITV from MARCO in the amount of $16,819.09 from the Technology Fund.

Point and Pay

MIS Director Peder Hovland met with the board to discuss the quote from ProWest Associates for on line tax statement and with Point and Pay integration to pay by credit card.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to authorize MIS Director, Peder Hovland to enter into an agreement with Pro-West Associates on line tax statements and with Point and Pay for credit cards.

Sewer Line

Maintenance Supervisor, Peder Hovland met with the board to inform them that he did get an estimate from Horner Plumbing and Excavation Inc. to fix the sewer line at the GCN building.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to have Horner Plumbing and Excavation Inc. to repair the sewer line at the GCN building with an estimate of $1,247 with funding from the GCN account.

HISTORICAL SOCIETY TOUR

Lake of the Woods County Board of Commissioners toured the Historical Society Building.

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 12:31 p.m.

Attest:                                                                                     Approved: September 13, 2016

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Ken Moorman

July, 2016

Commissioner Proceedings

July 26, 2016

pursuant to MN. Statute 331A.01, subd. 10

 the published material is only a summary and the full text is available for public inspection

at the lake of the woods county auditor/treasurers’ office

 or by standard mail or electronic mail or lake of the woods county

website –www.lake-of-the-woods.mn.us

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 26, 2016 at Lake of the Woods County Government Center in the Commissioners Room.

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

Approval of Agenda-Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the agenda with the following additions: Lost warrant, NWCA and notice of intent to LGUs and work plan.

 Approval of Consent Agenda None 

Approval of Minutes-Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the official and summarized minutes of July 12, 2016.

BORDERLAND SUBSTANCE ABUSE COURT-Christina Husbands, Drug Court Coordinator met with the board to discuss the state shortfall of funding for the drug court. She informed the board that she has been working on receiving other grants, if awarded they would not receive funding until later. The deficit is between Lake of the Woods County and Koochiching County Drug Court. Koochiching County Commissioners have expressed they do not want to contribute money to salaries for the drug court in the future. The board discussed having separate accounts, one for Lake of the Woods County contributions and grant monies received and one for Koochiching County contributions and grant monies. Commissioner Beckel stated that there has not been a steering committee meeting for the Drug Court for some time and requested that Christina check with the Judge to see if he would call a meeting for the two counties to meet and discuss funding issues.Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve payment up to $15,000 to the State of Minnesota for reimbursement for payroll expenses for the Borderland Substance Abuse Court with funding from the Borderland Drug Court account and the Driving Under Influence (DUI) participation fee account.

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to add Social Service Director, Amy Ballard to the DUI steering committee.

SOCIAL SERVICES-Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county: Commissioners Warrants: $10,036.43; Commissioners Warrants: $5,996.98.

 AUDITOR/TREASURER-Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the claims against the county as follows: Revenue $53,041.39, Road & Bridge $211,751.18, Co. Develop $200.00 , Solid Waste $691.80, EDA $4,771.45. Further moved to authorize the payment of the following auditor warrants: July 12, 7,658.34, July 20, $10,706.80, July 20, $5,174.89.    

WARRANTS FOR PUBLICATION

Warrants Approved On 7/26/2016 For Payment 7/29/2016

Vendor Name                                                    Amount

Arrowhead Library System                                                  33,118.02

Cole Logging & Livestock, Inc                                             8,490.00

Computer Professionals Unlimited Inc                                3,193.00

DLT Solutions, Inc                                                                2,092.74

Earthworks Contracting Inc                                                  9,930.00

Envirotech Services Inc                                                        7,181.24

Esri                                                                                          4,750.00

Ferrier Logging, Inc                                                              9,840.00

Fish/Kevin                                                                            19,440.00

Fort Distributors Ltd                                                              8,759.10

Hasbargen Farms Inc                                                            9,870.00

Hasler                                                                                      4,000.00

John Deere Financial                                                            2,929.12

Lavalla Sand & Gravel Inc                                                 100,000.00

Miovac/Tim                                                                             9,870.00

Mn Dept Of Transp                                                                5,637.95

Norman Johnson Trucking                                                  9,870.00

Northwest Community Action, Inc                                       3,506.00

44 Payments less than 2000  17,978.65

Final Total: 270,455.82

Lost Warrant

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the application and affidavit for lost warrant for Steve Le Claire dated April 15, 2016 for $645.00 without furnishing indemnifying bond

MAINTENANCE SUPERVISOR-Maintenance Supervisor, Peder Hovland met with the board to update them on the Government Center North roof and sewer. The board discussed possible options on the roof and requested that Peder to pursue the sewer situation.Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to authorize Maintenance Supervisor, Peder Hovland to hire Tops All Roofing to replace the GCN roof with the cost up to $59,166.80, with funding from the Building fund and reallocate from the general fund.

DITCH AUTHORITY-Chairman Moorman informed the board that the Auditor/Treasures Office have completed the beneficiary spreadsheet for Ditch 7 & 28 and by the end of August to have Ditch 26 completed.

LAND AND WATER PLANNING-Land and Water Planning Director, Josh Stromlund met with the board and presented two Conditional Use Permits for Michael Gamache requesting to move more than fifty (50) cubic yards of material in the shoreland area of Kelly Creek and for Janice Kabat to conduct a commercial business consisting of a short-term vacation rental in a Residential (R1) District. He informed the board that the Planning Commission recommended to approve both Conditional Use Permits. Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the Conditional Use Permit for Michale Gamache with condition that it is completed by July 1, 2017. Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to approve the Conditional Use Permit for Janice Kabat with no condtions.

RECESS-The meeting was called to recess at 10:50 a.m. and reconvened at 11:00 a.m. as follows:

NORTHWEST COMMUNITY ACTION- Chairman Moorman, on behalf of Lake of the Woods Economic Development Association President Tom Hanson presented a letter notifying Northwest Community Action that the Lake of the Woods EDA will longer need their services, and informed Randy that the EDA and has taken action to terminate the contract with sixty (60) days’ notice and appreciates all the work that Karl Frigaard has done for the EDA. Northwest Community Action Executive Director, Randy Nordin met with the board to inform the board that they did not receive the grant for the Youth Program for the Little Brother, Little Sister. All that funding stayed in the Metro Area; however they did receive a $20,000 grant from the Economics of Opportunities, but not enough funding for the entire program. Randy indicated that the State Association Director came up with a plan on savings on home placements, that if the three counties would contribute $20,000 each, for two to three years to see how it would go.  Randy also informed the board that NWCA did receive a grant from DHS for a “Live Well at Home” which would assist with Respite Care, Home modifications and Personnel Attention.

WHEELER POINT SEWER-Commissioner Beckel informed the board that the sewer project is being held up right now with Wetlands issues.

RECESS-The meeting was called to recess at 11:50 a.m. and reconvened at 1:05 p.m. as follows:

SANDY SHORES/BIRCH BEACH CROSSING

Chairman Moorman welcomed the residents to the meeting on the Sandy Shores/Birch Beach crossing and requested that Public Works Director, Tim Erickson give a summary of the issues of the crossing.

Public Works Director, Tim Erickson informed the residents that the county has a drainage easement from private property owners for the ditch between the two developments. This is the location where the proposed crossing would be located. The drainage easement does not give the county the authority to install a crossing. Permission would be needed from both landowners to secure an easement. As of July 25, 2016 the necessary easements have not been granted to the county. The only other option would be for the county to condemn the property. The Lake of the Woods County board has decided against the condemnation process. The County has tried to assist to help with this issue, but this issue is something that the property owners need to work out. Chairman Moorman opened the floor for comments from the residents. All letter received were acknowledged.  Chairman Moorman thanked the residents for attending the meeting.

Summary-Birch Beach Plat was established in 1926 and Sandy Shores Plat was established in 1975. 

In 2005 the county improved the ditch and also improved the drainage outlet at Sandy Shores/Birch Beach and removed a culvert. In 2012 someone constructed a makeshift bridge on private property and on Lake of the Woods County drainage easement without any permission from the county. Public Works Department removed the bridge for it was unsafe and not permitted. In November 2012 the county received a petition from the residents of Sandy Shores/Birch Beach area expressing support in favor of crossing that they would like to link the two communities together. Then in June 2013 a representative of the Sandy Shore/Birch Beach met with the board to discuss the crossing and at that time the board requested Public Works Director Tim to meet with the property owners about their property to see if they would be interested in an easement so the crossing could be made to connect the two communities. Because the necessary easement have not been granted to the county, the Lake of the Woods County Board is not considering any further action at this time.

Recess-With no further business before the board, Chairman Moorman called the meeting to recess at 2:03 p.m.

Attest:                                                                                     Approved: August 16, 2016

_______________________                                                  _________________________________

Janet E. Rudd                                                                         Chairman of the Board, Ken MoormanDeputy Auditor/Treasurer

June, 2016

Commissioner Proceedings

June 14, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 14, 2016 at Lake of the Woods County Government Center in the Commissioners Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the agenda with the following additions and deletions: remove Baudette Depot and add ATV Ordinance discussion, Sandy Shores/Birch Beach discussion and MIS Updates.

Approval of Consent Agenda   

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the following consent agenda: Lorene Hanson to Deer Wood on June 21-24 MACATFO Conference; Alisa Jacobsen to St. Cloud on July 10-14 for Assessment Laws and Procedures Training; Angie Eason to St. John’s University on June 22-23 to MAFAS Summer Seminar and to Brainerd on June 7-8 for Management Learning Community meeting.                                                         

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of May 24, 2016.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the following claims against the county: Commissioners Warrants: $16,162.29; Commissioners Warrants: $24,896.35.

SNOWMOBILE TRAILS

TJ Grooming/Border Trails

Tom and Joyce Beckel met with the board to discuss the Border Trails grooming and informed the board that everything ran well this last winter but have concerns on the cuts of the 4th benchmark and a 30% cut from last season and will have the same cut in 2016; no capital improvement grants are available as in the past.

Lake of the Woods Drifters

Gregg Hennum met with the board to discuss the Lake of the Woods Drifters/Traverse Trail with concerns of the shortage of funding from the State and discussed issues of grooming lake trails.

HEADWATERS REGIONAL DEVELOPMENT

Ryan Zemek met with the board to discuss the Statewide Pace Program that is available for property owners of commercial and industrial business’s that would make energy improvement without upfront capital. Ryan informed the board that they would need to enter into a Joint Powers Agreement with the St. Paul Port Authority for the purpose of implementing and administering the program on behalf of the County.

Resolution

The following resolution was offered by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to adopt the following resolution and authorize Chairman Moorman and County Auditor/Treasurer, Lorene Hanson to sign the Joint Power Agreement.

RESOLUTION DECLARING PARTICIPATION IN STATEWIDE PACE PROGRAM

Resolution No. 16-06-01

WHEREAS, a Statewide Property Clean Energy Program (PACE) administered by the St. Paul Port Authority (SPPA) provides loan funds to assist property owners of commercial and industrial businesses and multifamily housing projects to make energy conservation and/ or renewable energy improvements; and;

WHEREAS, PACE allows qualified participants to make energy improvements without upfront capital outlay as such costs for the improvements are paid back through a special assessment on their taxes with the increase offset by decrease in energy costs so that the businesses sees no change in the bottom line:

WHEREAS, Minnesota legislation currently allows governmental entities to participate in the Statewide PACE program by entering into a Joint Powers Agreement (JPA) with St. Paul Port Authority; and

WHEREAS, the JPA delineates the financial district, directs the St. Paul Port Authority to administer the program, whereby the participating government entity agrees to assess the property per the loan agreement, and collect and then transfer the payments to SPPA;

THEREFORE BE IT RESOLVED THAT, Lake of the Woods  County  Board of Commissioners finds that financing energy projects is a valid public purpose because it stimulates economic development, improves property values, reduces energy costs, reduces greenhouse gas emissions, and increases employment in the County; and

NOW THERFORE, BE IT FURTHER RESOLVED the Lake of the Woods County Board of Commissioners hereby does hereby agree to enter into a JPA with SPPA  in order to participate in the Statewide PACE Program.

RECESS

The meeting was called to recess at 9:57 a.m. and reconvened at 10:02 a.m. as follows:

ASSESSOR

Human Resource Director, Karen Ose and County Assessor, Mary Jo Otten met with the board requesting approval for the Job Description for Seasonal Help for Lake Property Guide for assistance for transporting Assessor and other department personnel to property accessible only by lake transportation.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the Lake Property Guide job description at Grade 11, Step 1, $18.96 per hour, points 252.

MN CORRECTIONS

MN Corrections District Supervisor Marc Bloomquist met with the board and presented the 2015 County Probation Costs and reviewed the Probation and Drug Court practices. The board thanked the Probation Officers for all they do for the community.

ATV ORDINANCE

County Auditor/Treasurer, Lorene Hanson met with the board and requested that they rescind the motion for the ATV Ordinance Public Hearing to allow additional time to review the current ordinance.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to rescind the Public Hearing date of June 28, 2016.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Beckel seconded by Commissioner Arnesen and carried unanimously to approve the claims against the county as follows: Revenue $139,373.95, Road & Bridge $79,956.57, Co. Devel $672.50, Natl Resc Enhanc $4,764.50, Solid Waste $33,104.64, EDA $602.44

WARRANTS FOR PUBLICATION

Warrants Approved On 6/14/2016 For Payment 6/17/2016

Vendor Name                                                    Amount

Bert’s Truck Equipment Of Moorhead, Inc                            8,247.00

Cenex Co-Op Services, Inc.                                                    5,845.96

Computer Professionals Unlimited Inc                                   3,303.00

Contech Engineered Solutions LLC                                     10,944.20

Federal Signal Corporation                                                   25,400.00

Hancock Concrete Products LLC                                          34,041.16

Howard’s Oil Company                                                            2,692.12

Independent Emergency Services                                        67,136.07

LOW Highway Dept                                                                  6,323.75

Mactek Systems Inc                                                                  5,581.48

Mar-Kit Landfill                                                                        12,466.50

R & Q Trucking, Inc                                                                  3,710.20

Rinke-Noonan                                                                          4,964.50

Short Elliott Hendrickson, Inc                                                5,002.52

Strata Corp, Inc                                                                         8,830.31

Sun Monitoring                                                                         2,069.50

Widseth Smith Nolting&Asst Inc                                             3,841.67

Woody’s Service                                                                       3,780.74

Wright Locksmith and Security Systems                               4,504.75

106 Payments less than 2000     39,789.17

Final Total: 258,474.60

Further moved to authorize the payment of the following auditor warrants: May 25, $640,618.24, June 6, $2,818,334.03, June 8, $81,901.96.    

Lost Warrant

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for a lost warrant for Lake of the Woods School.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the application and affidavit for lost warrant for Lake of the Woods School dated December 18, 2015 for $25.00 without furnishing indemnifying bond.

BAUDETTE CHAMBER OF COMMERCE

Mike Hovde, representing the Baudette Chamber of Commerce met with the board and updated them on the Chamber Events.

MIS DIRECTOR/MAINTENANCE SUPERVISOR

MIS Director/Maintenance Supervisor Peder Hovland met with the board and informed them that Next Gen 911 is completed, renovation of offices are almost completed. Pete informed the board that the lawn mower is getting worn out and the mower is 14 years old. The board requested that Peder get a quote for a new mower and bring back to the board.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board and informed the board that Inspector II position will have to re-advertise for the newly hired worker never showed up for work. Tim also informed the board that the Drainage Committee will meet on June 28, 2016 after the County Board meeting.

SANDY SHORES/BIRCH BEACH BRIDGE

Commissioner Arnesen discussed the Sandy Shores/Birch Beach Bridge. Public Works Director, Tim Erickson informed the board that the residents of Sandy Shores/Birch Beach could apply for an Approach Permit so they can build their own bridge; that his department could help facilitate the project by helping with the design of the bridge, but the residents would have to purchase and place the bridge on their own. The board set July 26, 2016 at 1:00 p.m. to discuss this issue and requested notification be sent to all land owners in the Sandy Shores/Birch Beach Plat informing them of the date and time of this discussion.  

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 12:28 p.m.

Attest:                                                                                     Approved: June 28, 2016

_______________________                                                  _________________________________

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

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

Commissioner Proceedings

June 21, 2016

The Lake of the Woods County Board of Commissioners met in session on Tuesday, June 21, 2016 at Angle Outpost Resort at the Northwest Angle.

Call to Order

Chairman Moorman called the meeting to order at 10:05 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Ed Arnesen, Thomas Hanson, and Ken Moorman and Buck Nordlof.  Also present were: County Auditor/Treasurer Lorene Hanson, Public Works Director, Tim Erickson, Deputy Auditor/Treasurer, Janet Rudd, County Attorney, James Austad ,  and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda as presented.

Thank-You

Chairman Moorman on behalf of the Board and Sheriff’s Department thanked the local residents of the NWA for their assistance in the search for the missing boaters last fall.

NW ANGLE PARK

Commissioner Hanson informed the residents of the NWA that the land by Jim’s Corner did go through the lands bill for the county to take over ownership. The next step is to wait for the State to send the deeds to be transferred into the counties name, and then the process of the development of the park can proceed with the proper steps of permitting, wetlands, construction and so forth.

NWA SNOW CLUB UPDATE

Brian McKeever, representing the NWA Edge Riders informed the board that the day today business of grooming went well and no concerns on maintenance of trails. However, they have a great need for a shed for protection of equipment, at this time they have the equipment stored in a private shed, but that will not be available for use shortly. They have the funding to build the shed, but no land to build it on and inquired if they could place that on county owned land. The consensus of the board was that they could perhaps build the shed by the Landfill or possible on the newly acquired land by Jim’s Corner.

PUBLIC WORKS

NWA Road

Public Works Director, Tim Erickson met with the board to inform them that the NWA road is on a State Aid Project and funded and ready to go, but the need of gravel is what is holding it up. Comments were heard from the residents of the condition of the road. The residents requested a meeting with the county board in a month to see what the status of the road condition is and what can be done to fix it temporarily, until the State Aid Project is started. The board set July 25, 2016, for a Work Session at the NWA at 11:00 a.m.

Barge Run/Blue Blades

Public Works Director, Tim Erickson informed the board that this will be the last year for the barge run at the Islands, which will take place on August 6-7 and from then on the Island Owners Association will take care of the barge run. Tim also informed the board that within a couple years the Blue Blades signs will be placed at the NWA.

NWA Airport

Commissioner Arnesen informed the board that the next step with the NWA Airport is the site selection, which consists of Federal Rules, MN DOT Aviation and the Red Lake Tribe.

FILE OF LIFE/Helicopter Services

Chairman Moorman explained that the County Board entered into a Member Contract with Valley Med Flight for membership which helps to reduce the cost of ambulatory health care to its members; explained that Valley Med Flight will accept the amount paid by the Covered Member’s Insurance as payment in full for any medically necessary air transport. That the membership fee paid herein constitutes prepayment for any deductible, copayment or other out-of-pocket expense not covered by the Covered Member’s insurance, so that the covered Member will be relieved of any out of pocket expense following transport. Membership covers only medically necessary air medical transport completed by Valley Med Flight, or another AMRG company, and only those transports to the closest appropriate hospital. Chairman Moorman informed the residents that the Mental Health Local Advisory Council created a File of Life Campaign which is a miniature medical history file that can be kept at home on the fridge; personal sized file is also available to be kept in a car or on person which will help in medical emergencies.

County Auditor/Treasurer

MCIT Works Session

County Auditor/Treasurer, Lorene Hanson met with the board requesting a work session be set for August 16 with MCIT to discuss Risk Management. The consensus of the board was to set the work session at 1:00 p.m. after the regular county board meeting on August 16.

Official Depositors

County Auditor/Treasurer, Lorene Hanson met with the board requesting to add an additional institution for Official Depositories of County Funds for 2016.

Motion

Motion was made by Commissioners Hanson, seconded by Commissioners Arnesen and carried unanimously to designate an additional institution, Multi-Bank Securities as Official Depositories of County funds for the year 2016.

OTHER TOPICS

Paul Bunyan Transient- no county taxes used for this service; Digital Signal –Commissioner Hanson will look into to see what it would take to get.

RECESS

With no further business before the board, Chairman Moorman called the meeting to recess at 12:05 p.m.

ATTEST:                                                                                 APPROVED: June 26, 2016

___________________________________                          __________________________________

County Auditor/Treasurer, Lorene Hanson                            Chairman of the Board, Kenneth Moorman

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

Commissioner Proceedings

June 28, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 28, 2016 at Lake of the Woods County Government Center in the Commissioners Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions and deletions: remove Baudette Depot and add New Arena, and Budget Dates.

Approval of Consent Agenda   

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the following consent agenda: Sheri Stebakken October 12-14 in

Alexandria for MN Financial Worker & Case Aide Association Conference; Karlene Stay and Jodi Ferrier CURAM demo on new child welfare information system St. Paul, August 2/3.

Approval of Minutes

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the official and summarized minutes of June 14 and 21, 2016.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the following claims against the county: Commissioners Warrants: $870.10; Commissioners Warrants: $13,793.95; $23,118.50.

Eligibility Worker

Social Service Financial Officer, Amy Ballard and Human Resource Director, Karen Ose met with the board requesting permission to hire an Eligibility Worker. Amy informed the board that in 2013 with the implementation of Affordable Care Act (ACA) the State of MN developed MNSure as the system used by individuals to apply for health care coverage. At that time, our agency chose not to hire as it was unknown how these changes would actually affect our workload.  DHS has gradually pushed more of the work onto the counties.  Currently, the counties are accepting, entering and processing applications and manual renewal forms in MNsure.  Counties are gradually being given the instructions on how to make changes that clients report to the county such as, income, household members, request for coverage, and address changes.   MNSure has, without a doubt, greatly increased the current eligibility workers work load. Not only because of the amount of time involved working in that system but the increase in the number of people eligible for public assistance programs after the ACA was implemented.  They could easily work overtime but have normally been told that overtime is not allowed unless absolutely necessary.  They feel their customer service has suffered due to how long it takes to process applications and make changes with the addition of MNSure. The State of MN covers approximately 70% Eligibility Workers salaries.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve Social Service Director, Amy Ballard and Human Resource Director, Karen Ose to advertise and interview for a Eligibility Worker, Grade 9, Step 1.

HUMAN RESOURCES

Security Policy

Human Resources Director, Karen Ose met with the board to discuss the Security Policy with the board such as who needs identifying badges, after hour meetings and what buildings the security policy applies to. Commissioners discussed the issuing of key fobs to non-county employees and why they need key fobs after hours. They felt that there needs to be a policy in place on access to the Government Center.

Wellness Committee

Human Resource Director, Karen Ose met with the board to discuss the wellness committee and recognizing it in the personnel policy. She informed the board that MN Statute § 15.46, allows counties to provide necessary staff, equipment, and facilities and they may expend funds as necessary to achieve the objectives of the program for Preventive Health Services for Public Employees. She recommended that this be placed into the Personnel Policy, for Lake of the Woods County does have a Wellness Committee, and with this in the Policy, it would allow the county to expend funds for this program upon County Board approval.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson, and carried unanimously to add the Wellness Committee to the Lake of the Woods County Personnel Policy.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Beckel seconded by Commissioner Arnesen and carried unanimously to approve the claims against the county as follows: Revenue $18,883.77, Road & Bridge $27,853.10, Solid Waste $356.85, EDA $3,179.85

WARRANTS FOR PUBLICATION

Warrants Approved On 6/28/2016 For Payment 6/30/2016

Vendor Name                                                    Amount

Crop Production Services                                                     20,422.54

Mn Counties Information System                                            2,278.50

Northwest Community Action, Inc                                           3,122.00

SeaChange Printing&MarketingServices LLC                      8,513.11

Voyageurs Comtronics, Inc                                                     3,085.78

37 Payments less than 2000  12,851.64

Final Total: 50,273.57

Further moved to authorize the payment of the following auditor warrants: June 15, 2016- $39,222.00, June 15, 2016- $338,960.88, June 22, 2016- $35,782.01.    

MIS DIRECTOR/MAINTENANCE SUPERVISOR

Equipment

MIS Director/Maintenance Supervisor Peder Hovland met with the board and presented a quote from EverGreen for a Lawn Mower, Snow Brush and Snow blower in the amount of $10,156, which included a trade in of the old mower of $2,900.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the purchase of a new Lawn Mower, Snow Brush and Snow Blower in the amount of $10, 516 from the maintenance account.

Government Center North Building

MIS Director/Maintenance Supervisor Peder Hovland met with the board and informed the board that there was an annual inspection of the County Jail and Government Center North roofs and presented pictures of the Government Center North roof, which is in need of repair/replacement, and the septic line needing repair. The board requested that Peder get quotes on the roof and septic line and come back to the board.

RECESS- The meeting was called to recess at 10:06 a.m. and reconvened at 10:12 a.m. as follows:

MARSHALL NELSON

Marshall Nelson met with the board to discuss drainage problems with Ditch No. 26 and other county ditches that are over grown, have erosion and beaver dams that are causing flooding of his fields and other property owner’s property as well. Marshall showed pictures of the ditch and its condition to the board. He requested that the discussed outlet get cleaned out now, along with the adjoining first half mile.

RECESS

The meeting was called to recess at 10:57 a.m.

KELLY CREEK PUBLIC HEARING- ROAD VACATION

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to close the regular meeting at 11:15 and open the Public Hearing for the Kelly Creek Road Vacation.

The following were present at the site: Commissioners Moorman, Arnesen, Beckel, Hanson and Nordlof were present along with County Auditor/Treasurer, Lorene Hanson, Deputy Auditor/Treasurer, Janet Rudd, County Surveyor, Donn Rasmussen, Landowner Tim Erickson and Woody Fiala.

The County Commissioners viewed the road site and exiting private driveway. The board recessed from the viewing at 11:25 a.m. and reconvened the Public Hearing at 11:45 a.m. at the Government Center in the Commissioners Room. Attorney Michelle Moren, confirmed with the board that the Public Notice of Kelly Creek Plat was published in the legal newspaper the weeks of June 6 and 13; the notices of the road vacation were posted at the Baudette City Hall, Lake of the Woods Government Center and the Baudette Library on June 8, and that all owners within the Kelly Creek Plat and Mortgage Companies were notified by either certified mail or personally served. County Surveyor, Donn Rasmussen informed the board that the survey was completed; he reviewed the road map and the legal descriptions with the board. There were no comments or objections for this road vacation, that all land owners are in agreement on granting easements to each land owner and quit claim deeds will be  recorded to each land owner. The board concurred that the vacation of this road is for the good of the public.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to close the public hearing at 11:48 a.m. and open the regular meeting.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously that the County Board of Lake of the Woods County, Minnesota does hereby resolve as follows:

RESOLUTION No. 16-06-02

RESOLUTION VACATING A ROAD ON BOARD INITIATIVE

A RESOLUTION VACATING KELLY CREEK ROAD A/K/A KELLY DRIVE

WHEREAS, the County Board of Lake of the Woods County, Minnesota, at a regular meeting on April 26, 2016, passed a motion to consider vacating the dedicated road within Kelly Creek Plat pursuant to Minnesota Statutes §164.06 and §164.07.

WHEREAS, the Kelly Creek Plat contains the following legal description:

A tract of land lying partly in Government Lot Five (5), Section 28, Township 161 North, Range 31 West and partly in Government Lot Two (2), Section 27, Township 161 North, Range 31 West of the Fifth Principal Meridian, Lake of the Woods County, Minnesota, and described as follows: 

Bounded on the South by a line parallel to and 175 feet distance from the Semi-Tangent Westerly from the P.I. of S.T.H. #72; on the West by the centerline of Kelly Creek; on the North by a line parallel to and 921 feet distance from the South boundary line of this tract; and bounded on the East by a line lying North 8° 21’ east from a certain 1”x24” iron pipe monument placed (by Mr. Lyle Wood in a survey dated 1947) along North line of the S.T.H. #72 right of way in Section 27, Township 161 North, Range 31 West, enclosing some 5.8 acres of land area. 

WHEREAS, all affected landowners have agreed to provide easements to all other affected landowners for private access for ingress and egress to the subject area and upon recorded documentation of the same, recorded in the office of the Lake of the Woods County Recorder, the Kelly Creek Road a/k/a Kelly Drive will be vacated.

WHEREAS, the dedicated road passes over and/or abuts tracts of land in Kelly Creek Plat with the owners of said land as follows:

            City of Baudette, a Municipal Corporation;

            Baudette International Airport;

            Roger and Carol Erickson;

            Erlin Olson;

            Timothy Erickson;

            Robert and Debra Anderson.

WHEREAS, the County Board scheduled a Public Hearing to consider the vacation of said road; and

WHEREAS, a Public Hearing to consider the vacation of such road was held on the 28th day of June, 2016, before the Lake of the Woods County Board of Commissioners.  Said Public Hearing was first held at the site of the road vacation at Kelly Creek Road a/k/a Kelly Drive, as described above.  Following the viewing at Kelly Creek Road a/k/a Kelly Drive, the Public Hearing was moved to the Lake of the Woods County Courthouse, 206 8th Avenue, Baudette, Minnesota 56623;

WHEREAS, notice of said Public Hearing was duly published and posted, together with personal mailed notices to all affected property owners by the Lake of the Woods County Auditor/Treasurer on the 8th day of June, 2016, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and

WHEREAS, any person, corporation or public body owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and

WHEREAS, the Board of Commissioners in its discretion has determined that the vacation will benefit the public interests because the originally platted Kelly Creek Road a/k/a Kelly Drive, was never built and it is necessary to vacate the unestablished roadway for continued development.

WHEREAS, the Board of Commissioners determined that no damages would be incurred by the owners listed above, as the road to be vacated was never built and never utilized, instead each of said owners have granted verbal easements to each other for purposes of ingress and egress.

WHEREAS, the Board of Commissioners, by unanimous vote concur in this Resolution;

NOW THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS OF LAKE OF THE WOODS COUNTY, MINNESOTA, that such Petition for vacation is hereby granted and the Kelly Creek Road, a/k/a Kelly Drive, described as follows is hereby vacated:

See Map of Kelly Creek Road, a/k/a Kelly Drive, which is attached hereto and incorporated herein as Exhibit “A”.

BE IT FURTHER RESOLVED, that the vacated portion of Kelly Drive shall be granted to the respective owners of lots 1 through 10 Kelly Creek Plat, by projecting the lot lines easterly to the east line of Kelly Creek Plat.

BE IT FURTHER RESOLVED, that the Chairman of the County Board and the Auditor/Treasurer are hereby authorized to sign all documents necessary to effectuate the intent of this Resolution.

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

Adopted by the County Board this 28th day of June, 2016.

EFFECTIVE DATE:  The vacation of Kelly Creek Road, a/k/a Kelly Drive, will be effective upon the recording in the office of the Lake of the Woods County Recorder of private easements allowing all affected landowners ingress and egress to the subject real property.

Approved:

______________________________                        ____________________________

Lorene Hanson, Auditor/Treasurer                             Ken Moorman,

Chairman of the Board

ORDER VACATING KELLY CREEK ROAD, A/K/A KELLY DRIVE

LAKE OF THE WOODS COUNTY

WHEREAS, the Board of Commissioners of Lake of the Woods County, Minnesota, moved for the vacation of Kelly Creek Road, a/k/a Kelly Drive, a town road under Minnesota Statutes §164.07;

WHEREAS, the Board of Commissioners of Lake of the Woods County, Minnesota, held a hearing on said Petition on the 28th day of June, 2016, notice thereof having been given;

WHEREAS, the Board of Commissioners of Lake of the Woods County, Minnesota, passed a Resolution on the 28th day of June, 2016, vacating the road;

NOW, THEREFORE, IT IS HEREBY ORDERED, that the following described road is hereby vacated:

See attached Exhibit “A” depicting vacated Kelly Creek Road, a/k/a Kelly Drive.

Dated this 28th day of June, 2016.

Attest:             ________________________________

            Ken Moorman, Chairman of the Board

            ________________________________

            Lorene Hanson, Auditor/Treasurer

NEW ARENA/BUDGET

Commissioner Hanson discussed possible funding request for the new arena. The board set the following dates for budget meetings: August 15, August 23 and August 29.

COMMITTEE REPORTS

Commissioner Arnesen reported on the Watershed meeting he attended.

Commissioner Moorman reported on the Joint Powers Natural Resources meeting and updated the board on the File of Life Campaign.

Recess

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

Attest:                                                                                     Approved: July 12, 2016

_______________________                                                  _________________________________

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

May, 2016

Commissioner Proceedings

May 24, 2016

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

Call to Order

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

Approval of Agenda

Motion

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

Approval of Consent Agenda- none 

Approval of Minutes

Motion

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

SOCIAL SERVICES

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

Motion

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

AUDITOR/TREASURER

Claims

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

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name                                                    Amount

Burg Electronic Recovery                                                   16,441.60

Contech Engineered Solutions LLC                                  14,318.80

Hasler                                                                                      6,000.00

Marvin Home Center                                                              3,702.64

MN Dept of Employment & Economic Develop                 6,232.00

NetWork Center Communications                                       5,600.00

North East Technical Service,Inc                                        4,691.50

Northwest Community Action, Inc                                       2,354.00

Rinke-Noonan                                                                       6,447.50

43  Payments less than 2000   19,239.06

Final Total:   85,027.10

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

Liquor License

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

Motion

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

 On/Off Sale and Sunday Liquor License:

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

On-Sale and Sunday Liquor License:

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

Off-Sale Only:

Log Cabin Liquors Inc

Wash N Go

Cigarette License:

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

 3.2 On-Sale Malt Liquor:

Long Point Resort, Ships Wheel;

3.2 Off-Sale Malt Liquor:

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

Secretary of State- Election Division

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

Motion

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

Grant-In-Aid Trail Permit

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

Motion

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

SHERIFF

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

Motion

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

Motion

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

Post Board  Peace Officers Standards and Training

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

COUNTY SURVEYOR

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

Motion

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

Motion

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

 RECESS

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

LAND AND WATER PLANNING

Consideration of Conditional Use Permit Requests

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

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not?  Resort, tourist, fish house rental area.

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

YES (  )  NO (  ) N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  With conditions.

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  See conditions.

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

Why or why not?  No signage.

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

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

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

The specific conditions of approval are as follows:

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

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

                                                                                    _____________________________________

                                                                                                            Kenneth Moorman

                                                                                                        Chair, County Board

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

Application #16-03-CU by Twin Island Sleepers

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

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

Why or why not?  In proximity of Commercial Zoned property which has a resort business.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  County road up to site.

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

Why or why not?  In close proximity with Commercial Zoned property.

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

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

Why or why not?  Will provide access to lake for clients.

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________ 

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

Why or why not? ______________________________________________________

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

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

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

Why or why not?  Fish house storage must be buffered from sight by vegetative cover.

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

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

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

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

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

The specific conditions of approval are as follows:

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

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

                                                                                    _____________________________________

                                                                                                            Kenneth Moorman

                                                                                                        Chair, County Board

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

Application #16-04-CU by George Swentik

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan?  

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

Why or why not? Residential access.

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

     YES ( ) NO ( ) N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? Applicant will address with vegetative growth and straw.

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

Why or why not? Addressed in proposal.

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

Why or why not? ______________________________________________________

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

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

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

Why or why not? ______________________________________________________

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

Why or why not? Residential.

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

       YES (X) NO ( ) N/A ( )

Why or why not? River access.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? Private use only.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

  1. Personal use only and storage of personal equipment.

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

_____________________________________

Kenneth Moorman

Chair, County Board

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

Application #16-05-CU by George Swentik

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

Why or why not? Residential shoreland stabilization.

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

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

Why or why not? ______________________________________________________

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

Why or why not? Shoreland stabilization.

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

Why or why not? It will address shoreline issues.

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

Why or why not? Addresses high water and shoreland erosion.

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

Why or why not? See #5 above.

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

Why or why not? ______________________________________________________

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

Why or why not? Residential.

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

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

Why or why not? Shoreland stabilization.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows:

  1. Completion of project by December 31, 2016.

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

___________________________________

Kenneth Moorman

           Chair, County Board

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

One Watershed, One Plan

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

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

                                                            RESOLUTION 2016-05-02

Resolution to support a Lake of the Woods Watershed

One Watershed, One Plan project.

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

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

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

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

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

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

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

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

ZIPPEL BAY LETTER

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

Motion

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

ATV ORDINANCE

The board discussed reviewing the county’s ATV Ordinance.

Motion

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

CORRESPONDENCE/COMMITTEE UPDATES

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

Recess

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

Attest:                                                                                     Approved: June 14, 2016

_______________________                                                  _________________________________

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

April, 2016

LAKE OF THE WOODS COUNTY ECONOMIC DEVELOPMENT AUTHORITY MEETING

 April 19, 2016

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

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

Minutes

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

Headwaters Regional Development Commission

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

Motion

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

Financial Reports

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

                Line Workers School Committee

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

Years of Service Recognition

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

Recognition of years of service

Chuck Tischart

 Resolution 2016 – 04-01

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

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

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

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

JOINT HOUSING MEETING

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

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

Adjournment

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

Attest:                                                                                  Approved:  05-17-16

______________________________                                ______________________________Janet Rudd, Administrative Assistant                     Thomas Hanson, President

March, 2016

Commissioner Proceedings

March 8, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 8, 2016 at Lake of the Woods County in the Commissioners Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the removal of the following from the agenda: Oak Harbor Golf Course Liquor License and removal of motion for court appointed attorney rates and add

re-modeling project.

Approval of Consent Agenda

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the consent agenda as follows: Karlene Stay to Brainerd for SSIS Fiscal New Worker on March 8-10, to St, Cloud for SSIS Mentor Training on May 16-17; Josh Stromlund to St. Paul on March 8-9 for One Watershed One Plan Funding Committee

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of February 23, 2016.

Auditor/Treasurer

Claims

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

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to approve the claims against the county as follows: Revenue $ 63,764.08, Road & Bridge                    $7,943.79, Co. Develop $ 200.00, Solid Waste$18,794.07.

WARRANTS FOR PUBLICATION

Warrants Approved On 3/08/2016 For Payment 3/11/2016

Vendor Name                                                    Amount

Computer Professionals Unlimited Inc                                                                                   3,193.00

Cps Technology Solutions                                                                                                     2,988.70

Cyber Advisors Inc                                                                                                                  2,013.00

Hoffman, Philipp & Knutson, PLLC                                                                                        2,843.00

Howard’s Oil Company                                                                                                           2,968.82

Mar-Kit Landfill                                                                                                                        10,764.00

Mn State Dept-Correction                                                                                                      17,377.27

Pro Action Safety & Sales                                                                                                         6,062.17

R & Q Trucking, Inc                                                                                                                  4,407.65

Titan Energy Systems, Inc                                                                                                       2,637.50

Woody’s Service                                                                                                                       4,190.19

72 Payments less than 2000 31,256.64

Final Total:  90,701.94

Further moved to authorize the payment of the following auditor warrants: February 24, 2106 $13,706.29, March 2, 2016 $166,070.80.    

Court Appointed Attorney Rates

County Attorney, James Austad met with the board and informed them that Judge Dixon filed a Court-Appointed Attorneys’ fee order with the court ordering court-appointed attorneys fees for services provided to clients in Lake of the Woods County be paid $85.00 per hour for services rendered on or after January 1, 2016. County Attorney, James Austad informed the board that the board could contract out for Appointed Attorney services if they chose to.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county as follows: Commissioners Warrants: $24,602.71 and $18,376.41.

HUMAN RESOURCES

Human Resource Director, Karen Ose met with the board and updated them on the IT position posting and requested a grade change and job classification change for Cassondra Brune from grade 9 to grade 11.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to change job title for Cassandra Brune to Lead Eligibility Worker to grade 11, step 1, $18.96, points 253, effective March 14, 2016.

MIS/GIS/MANAGER AND MAINTENANCE SUPERVISOR

Update

Maintenance Supervisor, Peder Hovland met with the board and informed the board that the Auditor/Treasures, and Recorders vaults have been switched out and the next step is for building private offices for the Auditor/Treasurer and Assessor. They are in the process of getting quotes for materials

and are moving the Recorders office at this time.

PUBLIC WORKS

2016 Construction Projects and MnDOT Agreement for the TH 11 Project

Public Works Director, Tim Erickson met with the board requesting approval for the 2016 road projects and MN DOT Detour Agreement.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the advertisement for bids for the following 2016 Construction Projects: SAP 039-602-020: Mill & Overlay, SAP 039-603-023: Mill & Overlay, SAP 039-639-003: Mill & Overlay, SP 039-090-004: Timber Mill Shared Use Path, CP 2016-01 Double Chip Seal.

MN DOT Detour Agreement Resolution

Resolution

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

MN Dot Agreement

2016-03-01

IT IS RESOLVED; that Lake of the Woods County enter into MnDOT Agreement No. 1002594 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the County for the use of County State Aid Highway No. 1, No. 26, and No. 35 as a detour route during the contract construction to be performed upon, along and adjacent to Trunk Highway No. 11 from 7.6 miles west of Trunk Highway 172 to the east junction of Trunk Highway 72 under State Project No. 3901-41 (T.H. 11=011).

IT IS FURTHER RESOLVED that the Chairman Moorman and County Auditor/Treasurer, Lorene Hanson and are authorized to execute the Agreement and any amendments to the Agreement.

The resolution was seconded by Commissioner Nordlof and carried unanimously.

RECESS

The meeting was called to recess at 10:23 a.m. and reconvened at 10:26 a.m. as follows:

LAND AND WATER PLANNING

Conditional Use Permit

Land and Water Planning Director, Josh Stromlund met with the board and presented a conditional use permit for   Jamie Negus Date: March 8, 2106 ,Location/Legal Description: The S 180’ of the N 1160’ of the W½ of the NE¼, less deeded in Section 28, Township 162, Range 43 (Wheeler). Parcel # 19.28.12.060 Project Proposal: A Conditional Use Permit as required by Section 401-B of the Lake of the Woods County Zoning Ordinance, to allow the applicant to conduct a commercial business consisting of sleeper fish house rental and storage in a Natural Environment District. Josh informed the board that the Planning Commission approved this permit with conditions. The board reviewed the letters from the public and reviewed the conditions set forth by the Planning Commission. After discussion, the county board added the following conditions: 1) Parking limit of 10 vehicles, 2) No on-site occupation of fish houses, 3) Double row of trees spaced at least 8 feet apart, 4) Responsible for any damage to private driveway, 5) May review permit in on year to consider a visual buffer to the west.

RECESS

The meeting was called to recess at 11:46 p.m.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen to close the regular meeting at 11:46 a.m. and open the closed session pursuant to MN Stat. § 13D.05, Subd. 3(b), Attorney Client Privileges, Wetland Mitigation. The flowing where in attendance: SWCD Board members: Frank Sindelir, Nancy Dunell, Roger Krause, John Sonstegard; County Commissioners Arnesen, Beckel, Moorman, Hanson and Norldof, Land and Water Planning Director, Josh Stromlund, County Auditor/Treasurer, Lorene Hanson and County Attorney, James Austad. Attorney John Kolb via conference call.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to close the closed session and open the regular meeting at 11:30 a.m.

LAND AND WATER PLANNING

Conditional Use Permit

The Board continued the Conditional Use permit discussion for Jamie Negus. After discussion, the county board added to the conditions already set by the Planning Commission the following: 1) Parking limit of 10 vehicles, 2) No on-site occupation of fish houses, 3) Double row of trees spaced at least 8 feet apart, 4) Responsible for any damage to private driveway, 5) May review permit in on year to consider a visual buffer to the west.

Motion was made by Commissioner Beckel to approve the following conditional use permit for Jamie Negus to conduct a commercial business consisting of sleeper fish house rental and storage in a rural Residential (R2) district as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jamie Negus                                                                  Date:  March 8, 2106

Location/Legal Description:  The S 180’ of the N 1160’ of the W½ of the NE¼, less deeded in Section 28, Township 162, Range 43 (Wheeler). Parcel # 19.28.12.060

Project Proposal:  A Conditional Use Permit as required by Section 401-B of the Lake of the Woods County

                              Zoning Ordinance, to allow the applicant to conduct a commercial business consisting of sleeper fish house rental and storage in a Rural Residential (R2) District.

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

Why or why not?  Resort, tourist, fish house area.

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

YES (X) NO (  )  N/A (  )

Why or why not?  This request has no effect on 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?  This request has no effect on water pollution.

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?  This request will not affect existing topography, drainage features; however, it will increase the vegetative cover with the planting white spruce trees.

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?  While the site is located in the 100 and 500 year floodplain, it is for storage of fish houses.

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?  This request will not increase the erosion potential of the site.

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

Why or why not?  Access from the site will be from 40th Avenue NW and no new roads are proposed.

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

Why or why not?  The request will be compatible by implementation of the conditions below.

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 request is outside of the shoreland area of Bostic Creek.

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

Why or why not?  The request will not generate liquid waste/sewage on the site.         

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 site is not located in the shoreland area of Bostic Creek.

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

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

Why or why not?  While the request has no need for a water supply and sewage treatment system, adjacent properties have installed water supplies and sewage treatment systems.    

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?  The request does not include 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?  See conditions.           

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

Why or why not?  Applicant states minimal or no signage will occur on the site.

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

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

Why or why not?  Parking on the ice unless inclement weather.

The specific conditions of approval are as follows:

  1. A visual barrier must be established and maintained on three sides (North, South and West) of the storage area with White Spruce not less than five (5) feet high and spaced no further apart than eight (8) feet. These trees are to be planted in a double row and staggered to provide maximum visual screening. Planting of said trees is to be conducted no later than December 31, 2016.
  2. Storage area is to be located on the Easterly four-hundred (400) feet of the described property.
  3. Storage area is for said fish house business only.
  4. No more than ten (10) rental fish houses on the property.
  5. No more than ten (10) client vehicles are to be parked on said property.
  6. Damage caused by business activities, and/or general maintenance to the private road, shall be the responsibility of the landowner.
  7. No occupation is allowed of said fish houses.
  8. Off-season storage of business related equipment must be stored out of sight, either inside a structure or within the fish house storage area.
  9. The Lake of the Woods County Board of Commissioner’s may review the conditions placed upon approval within one (1) year of the date of approval and may require the establishment and maintenance of a visual buffer, similar to above, be placed parallel to the westerly boundary of the described property to further enhance the visual screening.

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 motion was seconded by Commissioner Arnesen and the vote carried as follows: Voting for: Beckel, Arnesen, Moorman and Nordlof. Voting against: Hanson. Vote carried.

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

                                                                                    _____________________________________

                                                                                                            Kenneth Moorman

                                                                                                        Chair, County Board

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

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 12:20 p.m.

Attest:                                                                                     Approved: March 22, 2016

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Ken Moorman

County Auditor/Treasurer  

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

Commissioner Proceedings

March 22, 2016

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 22, 2016 at Lake of the Woods County in the Commissioners Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions: Remove Oak Harbor Golf Course Liquor License and add Letter of Resignation, Drainage,  Department of Human Services Letter, Gun Range Road, MN Court Data Service, Zoning Ordinance Amendment, MIS updates.  

Approval of Consent Agenda

None

Approval of Minutes

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of March 8, 2016.

Great Northern Transmission Line

James Atkinson and Matt Hagelin from MN Powers met with the board and informed them that the biological surveys, drilling and Right of Way Entry for the proposed route which will begin in April with construction starting January 2017.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the following claims against the county as follows: Commissioners Warrants: $14,024.22 and $8,267.81.

DHS Financial Reporting

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to recognize Social Services staff for a perfect performance in meeting the DHS Human Service financial reporting requirement for the year 2015.

COUNTY ATTORNEY

County Attorney, James Austad met with the board requesting authorization to subscribe to Minnesota Court Data Services program.

Resolution

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

MN Court Data Services

16-03-02

WHEREAS, the Lake of the Woods County desires to improve efficiencies through participating in a more efficient court process with the Minnesota Judicial Branch; and,

WHEREAS, as the Minnesota Judicial Branch moves towards a more efficient court process, the eCourtMN initiative is committed to ensuring that non-court governmental agencies have appropriate access to court records and documents; and

WHEREAS, the Lake of the Woods County desires to subscribed to Minnesota Court Data Services Program;

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners approves and authorizes James Austad, County Attorney to sign the Master Subscriber Agreement for Minnesota Court Data Service for Governmental Agencies.

MIS DEPARTMENT

MIS Director, Peder Hovland met with the board and updated them on the Tyco Annual Inspection (sprinkler system) and informed the board that they need to add one to the new office for Child Support office in the amount of $1,990; Centurylink will be hooking up IP phone with funding from the 911 account; ordering Human Resource Office a new computer in the amount of $1,200 and that will be added to the rotation list for upgrades.

AUDITOR/TREASURER

Claims

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

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the claims against the county as follows except for claim number 2213 and to amend that amount to pay $19.99 : Revenue $ 22,726.89, Road & Bridge $15,926.26, Co. Develop $ 2,000.00, Solid Waste$4,694.76, EDA $2,964.95.

WARRANTS FOR PUBLICATION

Warrants Approved On 3/22/2016 For Payment 3/25/2016

Vendor Name                                                    Amount

Cenex Co-Op Services, Inc.                                                   2,825.41

Compass Minerals America                                                    2,526.98

Dell Marketing, Lp                                                                    3,073.26

LOW School District—390                                                       2,625.00

Neopost Great Plains                                                               2,985.80

Northwest Community Action, Inc                                           2,307.50

Powerplan                                                                                 7,157.68

Short Elliott Hendrickson, Inc                                                4,386.99

St. Louis County Auditor                                                          2,000.00

Sun Monitoring                                                                         4,316.50

49  Payments less than  2000 14,352.24

Final Total: 48,557.36

Further moved to authorize the payment of the following auditor warrants: March 8, $58,422.65, March 14, $139,744.82, March 16, $17,579.13.    

CHS Meeting

County Auditor/Treasurer, Lorene Hanson met with the board informing them that CHS would like to meet with the county board to discuss the CHS program. The board requested that a meeting be held at 1:00 p.m. after regular board meeting.

MID- STATE COMPUTER BY-LAWS

County Auditor/Treasurer, Lorene Hanson met with the board informing them The Mid-State Computer Cooperative is requesting dues payment of $100, which are not collected yearly, just when needed and also to acknowledge the By-laws of the Cooperative.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve payment of dues of $100 and to acknowledge the Mid -State Computer By-laws and authorize County Auditor/Treasurer, Lorene Hanson and Chairman Moorman to sign.

SHERIFF/EMERGENCY MANAGEMENT

County Sheriff, Gary Fish met with the board and requested that the 2015 Stone Garden Contract and purchase of Squad Vehicle be removed from the agenda for they have not received the contract as of today.

Warning Sirens

County Sheriff, Gary Fish met with the board and presented three quotes for replacement of the two sirens that the county has, City of Baudette and City of Williams and adding one more in the Wheelers Township. 911 funding cannot be used for replacement or additions of warning sirens. The board discussed emergency shelters and plans needed for the Wheelers Point area before adding a siren. The board requested that when the plan is in place to bring back to the board for approval for the warning siren in Wheelers Point area.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and carried unanimously to approve the replacement warning sirens for the City of Baudette and City of Williams in the amount $37,574.25 from the unallocated account.

RECESS

The meeting was called to recess at 10:34 a.m. and reconvened at 10:38 a.m. as follows:

COUNTY ASSESSOR

County Assessor, Mary Jo Otten met with the board and informed the board that she would like Assessment Specialist/Office Manger to attend the ALP Procedures Courses and that there is money for that in her budget. The board concurred with her request for training.

PUBLIC WORKS

Seasonal Help

Public Works Director, Tim Erickson met with the board requesting approval to hire five (5) Seasonal Help position.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to approve the advertising, interviewing and hiring for five (5) Seasonal help.

Senior Inspector II

Public Works Director Tim Erickson met with the board and informed the Board that Senior Inspector II, Dan Crompton is retiring as of March 31, 2016.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Arnesen and carried unanimously to authorize Public Works Director, Tim Erickson and Human Resource Director, Karen Ose to advertise, interview and hire Senior Inspector II at grade 12, Step 1, $20.05 per hour, points 274.

Mowers

Public Works Director, Tim Erickson met with the board requesting authorization to purchase new mowers in the amount of $27,300 from Titan Machinery as budgeted.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the purchase of new mowers in the amount of $27,300 from Titan Machinery.

Gun Club Road/Drainage Issues

The board discussed the Gun Club Road and asked the Public Works Department to see if they could grade it; discussed Drainage Issues, and re-assessment on Ditch 28. The board wants to hold a Public Hearing and move forward with this project; Highway 11 Construction Project, meeting is to be held on April 4, 2016.

Correspondence

The board acknowledges the following: Red River Valley Invitation and State Auditor Review.

LAND AND WATER PLANNING

Land & Water Planning Director, Josh Stromlund met with the board to discuss an issue regarding the Kelly Creek plat. The issue is the driveway that services the properties, is not in the location where it is depicted on the plat of Kelly Creek. Options to resolve this issue include the possibility of vacating the depicted road or undertake a boundary commission plat.   

Zoning Ordinance Changes- Fish House Ordinance Discussion

Land and Water Planning Director, Josh Stromlund met with the board to discuss the change in Zoning Ordinance to possible enact a moratorium on the issuance of Conditional Use Permits for Non-Conforming Fish House Rental businesses and Commercial Fish House Storage.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof to close the regular meeting at 11:40 a.m. and open the Public Hearing for Schrandt Cartway.

Present were: Commissioners Arnesen, Moorman, Hanson and Nordlof. County Auditor/Treasurer, Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd, County Attorney, James Austad, Land and Water Planning Director, Josh Stromlund, Public Works Director, Tim Erickson, Attorney Nora Crumpton, Attorney Alan Fish, Gary Pulkrabek, Paul Pedersen, Mary Schrandt, David Schrandt and Woody Fiala.

Chairman Moorman informed the public that no agreement regarding damages and waiver of irregularities and appeal or release of damages were received from the adjoining landowners. County Commissioners reviewed the appraisal that Attorney Crumpton presented. Estimated of damages for Gary Pulkrabek totaling $975 and Paul Pederson totaling $975. County Commissioners offered $1,500 for damages on both parcels of land. Attorney Fish argued that the damages should be $5,000, with both Paul Pederson and Gary Pulkrabek agreeing and Paul and Gary objecting the $1,500 offer.

Award Of Damages

The following resolution was offered by Commissioner Arnesen, seconded by Commissioner Hanson and carried unanimously to approve the following Award of Damages for Schrandt Cartway:

AWARD OF DAMAGES

STATE OF MINNESOTA

COUNTY OF LAKE OF THE WOODS

TOWNSHIP OF POTAMO

RESOLUTION NO. 16-03-03

WHEREAS, the Lake of the Woods County Board of Commissioners, Baudette, MN did on the 8th day of September, 2015,  established the road described on the attached order pursuant to Minn. Stat.§ 164.07;

WHEREAS, the establishment affects a tract of land in Lake of the Woods County, Minnesota, owned by Gary G. Pulkrabek and Paul Pedersen, and more particularly described as follows: Government Lot Two (2), Southwest Quarter of the Northeast Quarter (SW1/4NE1/4), and the West half of the Southeast Quarter (W1/2SE1/4), Section Two (2); Township one hundred sixty (160) North, Range Thirty-Three west of the Fifth Principal Meridian; and the South Half Northwest Quarter (S2NW4) and Government Lots 3 & 4, Section 2, Township 160 North, Range 33 West.

WHEREAS, no prior written agreement ascertaining the damages or releasing all claims to damages were obtained from the owners;

WHEREAS, the Lake of the Woods County Board has determined the amount of damages sustained by the owners by reason of the establishment and have subtracted from that amount the money value of the benefits the board has determined will be conferred by said establishment.

YOU ARE HEREBY NOTIFIED, that in the matter of the establishment of the above described road the Lake of the Woods County Board on the 22nd day of March, 2016 has awarded Gary G. Pulkrabek and Paul Pedersen, as the owners of the above described tract of land, damages in the amount of $1,500. A check will be mailed to each of you after the 40 days appeal time frame.

NOTICE OF RIGHT TO APPEAL

PLEASE TAKE NOTICE that you have an opportunity under Minn. Stat. § 164.07 to appeal this award of damages. To appeal the award, notice of appeal must be filed with the court administrator of the district court of Lake of the Woods County, within 40 days of March 22, 2016. Filing a notice of appeal will not prevent Lake of the Woods County from carrying out the action set out above unless the appeal challenges the public purpose or necessity of a road alteration or establishment and is filed within ten days. The notice of appeal must specify; (1) the award of damages or failure to award damages being appealed from; (2) the land to which the appeal relates; (3) the nature and amount of the damages you are claiming; and (4) the grounds of the appeal. The notice of appeal must also be accompanied by a bond of at least $250, with sufficient surety approved by the judge or the County Auditor/Treasurer conditioned to pay all cost arising from the appeal in case the award is sustained. A copy of the notice of appeal must be mailed by registered or certified mail to the Lake of the Woods County Auditor/Treasurer.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to close the Public Hearing at 11:20 a.m. and open the regular meeting.

RECESS

The meeting was called to recess at 12:21 p.m. and reconvened at 1:10 p.m. with Commissioenr Hanson absent.

Zoning Ordinance Changes- Fish House Ordinance Discussion

Chairman Moorman continued with the discussion of moratorium on the issuance of Conditional Use Permits for nonconforming Fish House Rental Businesses and Commercial Fish House Storage. The moratorium may, by state law, last up to one year and be reenacted for a second year if the board chooses. This will allow the Commissioners, Land and Water Planning Office and County Attorney time to coordinate the writing of comprehensive changes to the County Zoning Ordinance.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to declare a moratorium on the issuance of Conditional Use Permits for Non-Conforming Fish House Rental Businesses, Commercial Fish House Storage, Expansion or Transfer of, effective March 22, 2016, any Conditional Use Permits already on file in the office of Land and Water Planning Office will be processed through the Planning Commission.

Recess

With no further business before the board, Chairman Moorman called the meeting to recess at 2:10 p.m.

Attest:                                                                                     Approved: April 12, 2016

_______________________                                                  _________________________________

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