MINUTES & AGENDAS
December, 2010
Commissioner Proceedings
December 14, 2010
The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, December 14, 2010, in the Commissioners’ Room of the Lake of the Woods County Government Center.
Call to Order
Chair Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman. Also present were: County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd and John Oren.
Approval of Agenda
Motion was made by Commissioner Moorman to approve the agenda for the meeting today with the following additions: Chief Deputy Sheriff and CAMA. The motion was seconded by Commissioner Patty Beckel, and the same being put to a vote, was unanimously carried.
Consent Agenda
Motion was made by Commissioner Todd Beckel to approve the consent agenda for travel for; Travel for Mark Hall, John W. Hoscheid and Lorene Hanson to Bloomington on January 11-14 for MACO Conference; Josh Stromlund to St. Paul on December 15-16 for MASWCD Legislative Committee meeting; Tim Erickson to Brainerd on January 18-21 for MN County Engineers Association Conference;
The motion was seconded by Commissioner Hanson, and the same being put to a vote, was unanimously carried.
Approval of Minutes
Motion was made by Commissioner Patty Beckel to approve the minutes of November 23, 2010 regular County Board meeting. The motion was seconded by Commissioner Moorman, and the same being put to a vote, was unanimously carried.
Social Services Department
Claims
Social Services Director, Nancy Wendler, met with the County Board requesting approval of claims.
Motion was made by Commissioner Hanson to approve the following claims against the County:
Commissioners’ Warrants $ 37,103.58
Commissioners’ Warrants $ 9,326.08
The motion was seconded by Commissioner Todd Beckel, and the same being put to a vote, was unanimously carried.
Contracts
Social Services Director, Nancy Wendler met with the board requesting approval for the following contracts:
Motions
Motion was made by Commissioner Todd Beckel to approve the contract between the Lake of the Woods County MIS Department and Lake of the Woods County Social Services for 2011, for the provision of MIS services, and to authorize Chairperson Ed Arnesen and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Motion was made by Commissioner Patty Beckel to approve the contract for 2011 for MFIP/DWP employment services between Rural Minnesota CEP, Inc. and Lake of the Woods County Social Services, and to authorize Chairman Ed Arnesen, and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.
County Auditor
Claims
County Auditor, John W Hoscheid met with the County Board and requested approval of claims.
Motion was made by Commissioner Todd Beckel to pull claim No. 922 and approve the rest of the claims against the County as presented:
Revenue $ 78,866.34
Road & Bridge $ 35,027.20
County Development $ 200.00
Solid Waste $ 59,399.80
$ 173,493.34
WARRANTS FOR PUBLICATION
Warrants Approved On 12/14/2010 For Payment 12/17/2010
Vendor Name Amount
Baudette/City Of 2,398.80
Cenex Co-Op Services, Inc. 6,033.77
Cps Technology Solutions 2,719.89
Election Systems & Software, Inc 5,304.26
Howard’s Oil Company 4,561.62
Insight Technologies, Inc 2,613.09
Lakewood Health Center 2,034.79
Low Highway Dept 4,368.19
Mar-Kit Landfill 9,117.00
Mn State Dept Of Public Safety 6,244.80
Moren/Law Offices Of Patrick D 5,305.00
Nelson’s Collision Center (Dba) 9,440.43
North American Salt Co 6,935.92
Polk County Highway Dept 9,344.42
Port Supply 2,450.52
St. Joseph Equipment Inc 37,406.25
Wherley Motors 23,498.24
Woody’s Service 4,678.25
73 Payments less than 2000 — $29,038.10
Final Total: $173,493.34
Further moved to authorize the payment of the following auditor warrants:
November 23, 2010 $ 13,448.62
December 1, 2010 $ 70,500.99
December 3, 2010 $ 200,741.83
December 3, 2010 $ (75,000.00)
December 7, 2010 $ 64,129.20
The motion was seconded by Commissioner Tom Hanson, and the same being put to a vote, was unanimously carried.
2011 IRS Standard Mileage Rate
County Auditor, John. W. Hoscheid met with the board and requested approval to set the 2011 mileage rate for the county.
Motion
Motion was made by Commissioner Hanson to set the mileage rate at the IRS standard rate. Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. (It was noted that the Internal Revenue Service issued a 51 cents per mile beginning January 1, 2011, for the standard mileage rate.)
Appointments for County Veterans Service Officer and County Surveyor
County Auditor, John W. Hoscheid met with the board requesting approval for appointments for Lake of the Woods County Veterans Service Officer and County Surveyor.
Motion
Motion was made by Commissioner Todd Beckel to appoint Rick Rone as Lake of the Woods County Veterans Service Officer from January 1, 2011 to December 31, 2014 pursuant MN Statutes 197.60 Subd. 2. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Motion
Motion was made by Commissioner Patty Beckel to appoint Donn Rasmussen as Lake of the Woods County Surveyor for the year 2011 pursuant MN Statutes 389.011 Subd. 2. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Commissioners Salary/Elected Department Heads Salary/Non-Elected Department Heads Salary/Union and Non Union Employee Salary Adjustment
County Auditor, John W. Hoscheid met with the board and presented the following salary adjustments to the board for their approval.
2011 Elected Officials & Non-Elected Department Heads Salaries
Motion was made by Commissioner Todd Beckel to adopt the following County Commissioners salary schedule and County Board Chair salary schedule, which all include a general adjustment of $400.00 for the year 2011; and to adopt a committee meeting per diem of $100.00 for the year 2011. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Elected Officials – Commissioners:
Ed Arnesen $16,200.00
Todd Beckel 16,200.00
Patricia Beckel 16,200.00
Tom Hanson 16,200.00
Kenneth Moorman 16,200.00
Board Chair 17,200.00
Motion was made by Commissioner Tom Hanson to adopt a Technology Fee of $50.00 per month for County Commissioners for the year 2011. (Technology fee reimbursement for county related phone, internet, computer and copy expenses.) The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.
Motion was made by Commissioner Ed Arnesen to adopt the following Elected Officials salary schedule which includes longevity and a general adjustment of $1,144.00 for the year 2011. 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 Dallas Block $68,024.06
County Treasurer Mark Hall 52,692.20
County Auditor John W Hoscheid 59,998.24
County Recorder Susan Ney 52,866.20
County Attorney Philip Miller 50,000.00
Motion was made by Commissioner Todd Beckel to adopt the following Non-Elected Department Heads salary schedule which includes longevity and a general adjustment of $1,144.00 for the year 2011. The motion was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.
Non-Elected – Department Heads:
Assessor Wayne Bendickson $60,072.63
MIS Director Brent Birkeland 56,219.54
Public Works Tim Erickson 82,910.08
Land/Water Josh Stromlund 57,798.33
Social Service Nancy Wendler 61,842.63
Motion was made by Commissioner Todd Beckel to adopt the following Non-Elected Department Heads salary schedule which includes longevity and a general adjustment of $572.00 for the year 2011. The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.
Non-Elected – Department Heads:
Veterans Service Rick Rone $19,216.00
Motion was made by Commissioner Ken Moorman to adopt the following Non-Elected Department Heads salary schedule which includes a general adjustment of $686.40 for the year 2011. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Non-Elected – Department Heads:
Emergency Manager Holly House $25,526.00
Salary Adjustment, as agreed upon per Union Contract
Motion- Highway Union
Motion was made by Commissioner Todd Beckel to adjust all full time Highway Union employees’ salary by $0.55 cents per hour, effective January 1, 2011. Motion was seconded by Commissioner Patty Beckel 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 Ken Moorman to adjust all full time Solid Waste Union employees’ salary by $0.55 cents per hour, effective January 1, 2011. Motion was seconded by Commissioner Tom Hanson 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 Patty Beckel to adjust all non-union employees: full time, permanent part time, part time and seasonal (excluding elected and non-elected department heads) salaries by $0.55 cents per hour, effective January 1, 2011. Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.
Recess
The meeting was called to recess at 9:55 a.m. and reconvened at 10:00 a.m. as follows:
MIS Department
MIS Director, Brent Birkeland met with the board requesting approval to enter into maintenance and support agreements with Minnesota Counties Computer Cooperative (MCCC). Brent also informed the board on the status of the Broad Bandwidth and informed them that the county is maxing out on the Internet connection and may have to look at bringing in a T1 line or DSL.
Motion
Motion was made by Commissioner Hanson to proceed with ratification of the MCCC Finance and General Government maintenance and support contracts as presented and authorize Chairman Arnesen and County Auditor, John W. Hoscheid to sign. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
County Auditor
Credit Card Policy
County Auditor, John W. Hoscheid met with the board requesting approval for Lake of the Woods County Policy regarding use of Credit Cards for Lake of the Woods County.
Motion
Motion was made by Commissioner Todd Beckel to approve the Lake of the Woods County “Credit Card Policy” with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Far North Transit
Lease Agreement and Public Transit Service Agreement
Far North Transit Director, Steve Butler met with the board requesting approval for the renewal of the lease agreement and Service agreement for 2011.
Motion
Motion was made by Commissioner Todd Beckel to enter into a Lease Agreement between Lake of the Woods County and the Roseau County Committee of Aging to operate the public transportation system for Lake of the Woods County commencing January 1, 2011 through December 31, 2011. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Motion was made by Commissioner Hanson to enter into a Public Transit Service Agreement between Lake of the Woods County and the Roseau County Committee of Aging to administer and operate as part of a Multi County Transit System with Roseau County commencing January 1, 2011 through December 31, 2011. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Recess
The meeting was called to recess at 10:40 a.m. and reconvened at 10:45 a.m. as follows:
Sheriff
Sheriff Dallas Block met with the board to discuss the “Uniform Allowance, Expenditure and Accountability Policy”.
Motion
Motion was made by Commissioner Hanson to approve the “Uniform allowance, Expenditure and Accountability Policy” for Lake of the Woods County. Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Claim # 922
The board discussed Claim #922 that was pulled from approval of claims earlier today.
Motion
Motion was made by Commissioner Todd Beckel to approve claim # 922 for specialized equipment use from the recommendation of Sheriff Dallas Block. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.
Squad Car
Sheriff Dallas Block informed the board that the new Squad car will be delivered shortly. Commissioner Patty Beckel requested that the old 2004 Ford Crown Victoria be transferred to the Baudette-Lake of the Woods Airport.
Motion
Motion was made by Commissioner Patty Beckel to transfer the 2004 Ford Crown Victoria to the Baudette-Lake of the Woods Airport. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.
Lexipol Payment
Sheriff Dallas Block informed the board of the invoice he received from lexipol for a uniformed policy that all Sheriff’s Office will operate under the same for the State of Minnesota. A contract will be forthcoming.
Chief Deputy Resignation
Sheriff Dallas Block informed the board that Chief Deputy Sheriff James Walton submitted his resignation on December 17, 2010 effective December 31, 2010 and NWA Deputy Sheriff Robert Nunn resigned effective December 31, 2010. He informed the board of his intentions of the replacement of both Chief Deputy and Deputy Sheriff.
Public Works Department
Maintenance Projects
Public Works Director, Tim Erickson met with the board and updated them on the Maintenance Projects completed as of November 24, 2010.
Bobcat Boom Loader
Public Works Director, Tim Erickson and Maintenance Supervisor, Jeff Pelland met with the board requesting approval to purchase a Bobcat boom loader for the Solid Waste Department as approved within the 2011 capital expenditure budget. The consensus of the board was to move forward to obtain quotes to purchase a Bobcat boom loader.
Recess
The meeting was called to recess at 12:02 p.m. and reconvened at 1:00 p.m. as follows:
Planning Commission
Chairman Arnesen opened the Planning Commissioner at 1:00 p.m. as advertised.
Land and Water Planning Director, Josh Stromlund presented an application from Kevin and Diana McLain requesting a Conditional Use Permit to allow two (2) commercial businesses consisting of a used car dealership and an energy consulting and equipment sales business in a Natural Environment District.
Chairman Arnesen opened the floor for comments. Comments were heard from the public and e-mail correspondence was read. Chairman Arnesen closed the Planning Commission at 2:02 p.m. and opened the Zoning/Land Use Addendum Public Hearing.
Land and Water Planning Director, Josh Stromlund presented the revised Zoning/Land Use Addendum to the board. Chairman Arnesen opened the floor for comments. Comments were heard from the public and no correspondence was received.
Motion was made by Commissioner Todd Beckel to close the Planning Commission at 3:00 p.m. and open the regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.
Boundary Commission Plat # 2
Property owners George and Judy Swentik met with the County Board to discuss their Boundary Commission Plat #2 Assessment. After review and discussion with the property owners and the Land and Water Planning Director, the County Board acknowledged that pins were placed for three contiguous non-conforming parcels; however per County Ordinance, the County Board will recognize this lot as only one (1) buildable parcel.
Motion
Motion was made by Commissioner Todd Beckel to authorize County Auditor, John W. Hoscheid to remove two of the parcels from the property owners’ assessment of the Boundary Commission Plat #2; thereby reducing their assessment of the Boundary Commission Plat #2 by $564.00 ($282 per parcel). The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.
County Auditor
Appointments and terms of EDA
County Auditor, John W. Hoscheid met with the board and requested approval for the Initial Appointment and Terms for the Lake of the Woods County Economic Development Authority Board and to set a Public Hearing for the Creation of Tax Increment Financing District and Adoption of a Tax Increment Financing Plan.
The following resolution was offered by Commissioner Todd Beckel and moved for adoption:
Resolution Establishing
the Initial Appointments and Terms of the
Lake of the Woods County Economic Development Authority Board
Resolution Number 10-12-01
WHEREAS, Lake of the Woods County Board, pursuant to MN Statute 469.093, subd. 1 has provided a public notice and conducted a public hearing on September 14, 2010 to consider the creation of an Economic Development Authority and adopted the Enabling Resolution creating the same;
NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the County of Lake of the Woods:
- The EDA shall consist of a governing body of Nine (9) Members, as per the adopted Enabling Resolution, of which:
- Five (5) Commissioners, Lake of the Woods County Board of Commissioners
- Four (4) Members shall be nominated by the following organizations and appointed by the County Board:
- Industrial Development Corporation (IDC) to recommend appointment
- From either Chambers of Commerce to recommend appointment
- Lake of the Woods Tourism to recommend appointment
- City of Baudette to recommend appointment
- The initial Board Members and terms are established as follows:
Term Length: Board Member: Term Expires: Representing:
1 Year Rick Rone 12/31/2011 City of Baudette
1 Year Todd Beckel 12/31/2011 County Board
2 Year Chuck Tischart 12/31/2012 IDC
2 Year Gregg Hennum 12/31/2012 Tourism Board
3 Year Ed Arnesen 12/31/2013 County Board
3 Year Patty Beckel 12/31/2013 County Board
4 Year Mike Hovde 12/31/2014 Chamber of Commerce
5 Year Tom Hanson 12/31/2015 County Board
6 Year Ken Moorman 12/31/2016 County Board
The resolution was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Tax Creation of Tax Increment Financing and Adoption of Tax Increment Financing Plan
County Auditor, John W. Hoscheid met with the board and presented a resolution for adoption to hold a public hearing for the creation of Tax Increment Financing District and the adoption of a Tax Increment Financing Plan.
Excerpt of the Original Minutes
of the
County Board of Commissioners
County of Lake of the Woods, State of Minnesota
26th Day of October 26, 2010
Pursuant to due call and notice thereof, a regular meeting of the County Board of Commissioners of Lake of the Woods County, State of Minnesota, was duly held at the Lake of the Woods County Government Center on Tuesday, the 26th day of October, 2010, at 9:00 o’clock a.m. for the purpose, in part, of calling a public hearing on the proposed creation of Tax Increment Financing District No. 1-1, and the Tax Increment Financing Plan relating thereto.
The following County Board of Commissioners were present: Ed Arnesen, Patty Beckel, Todd Beckel, Tom Hanson and Ken Moorman; and the following were absent: none.
The following Resolution was offered by Commissioner Hanson and moved for adoption:
Resolution No. 10-12-02
Calling Public Hearing on
The Creation of Tax Increment Financing District No 1-1
and the
Adoption of a Tax Increment Financing Plan Relating
Thereto
WHEREAS, The Economic Development Authority of Lake of the Woods County has requested the County hold a public hearing on the proposed creation of Tax Increment Financing District No. 1-1, and the Tax Increment Financing Plan relating thereto;
BE IT RESOLVED, by the County Board of Commissioners (the “Board”) of Lake of the Woods County, Minnesota (the “County”), as follows:
- Public Hearing. This Board shall meet on Tuesday, January 25, 2011, at 7:00 p.m. to hold a public hearing on the following matters; (a) the proposed creation of Tax Increment Financing District No. 1-1, and (b) the adoption of the Tax Increment Financing Plan relating thereto, pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469.1799, inclusive, as amended (the “Act”).
- Notice of Hearing. Filing of Program and Plan. The County Auditor is hereby authorized to cause a notice of the hearing, to be published as required by the Act and to place a copy of the proposed Tax Increment Financing Plan on file in the County Auditor’s Office at the Lake of the Woods County Government Center and to make such copies available for inspection by the public.
The motion was seconded by Commissioner Todd Beckel for the adoption of the foregoing resolution and the same being put to a vote, was unanimously carried. Whereupon said resolution was declared duly passed and adopted.
Government Center North Lease
County Auditor, John W. Hoscheid met with the board and presented the Government Center North Lease to the board for approval.
Motion
Motion was made by Commissioner Moorman to enter into a lease between Lake of the Woods County and Sanford/Merticare for a portion of the building known as the “Government Center North commencing January 1, 2011 contingent upon the approval of any changes from Sanford/Mericare and authorize Chairman Arnesen to sign. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
County Owned Lease Agreements
County Auditor, John W. Hoscheid met with the board and presented the renewal leases for County Owned Lands to the board.
Motion was made by Commissioner Todd Beckel to approve the following Land Lease Agreements effective January 1, 2011 through December 31, 2011:
SW ¼ SW ¼, S-22, T-163-N, R-34-W – 40 Acres
NW ¼ NW ¼, S-27, T-163-N, R-34-W – 40 Acres
NE ¼ SE ¼, S-28, T-163-N, R-34-W – 40 Acres
N ½ NE ¼, SW ¼ NE ¼, S-28, T-163-N, R-34-W – 108 Acres
The motion was seconded by Commissioner Hanson and the vote carried as follows: Voting for: Commissioners Patty Beckel, Todd Beckel, Hanson and Moorman. Abstaining: Commissioner Arnesen.
DNR Letter
The board discussed a letter to be sent to Fisheries Program Manager, Linda Erickson-Eastwood in regards to the notice of Intent to Adopt Expedited Rules Relating to Adding Waterbodies to the list of “Designated Spawning Beds and Fish Preserves”, which includes Lake of the Woods (beginning at the mouth of the Rapid River to State Highway 11 Bridge.)
Motion
Motion was made by Commissioner Todd Beckel to send a letter to Fisheries Program Manager, Linda Erickson-Eastwood in opposition to the Expedited Rule Relating to Adding Waterbodies to the list of “Designated Spawning Beds and Fish Preserves. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.
Assessment Agreement
County Auditor, John W. Hoscheid met with the board and presented the Assessment Agreement with the City of Baudette which will expire on December 31, 2010.
Motion
Motion was made by Commissioner Patty Beckel to enter into an Assessment Agreement between Lake of the Woods County and the City of Baudette to provide for assessments of all property lying within the corporate boundaries of the City commencing January 1, 2011 and terminating December 31, 2011 and authorize Chairman Arnesen and County Auditor, John W. Hoscheid to sign. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
OLd/New Business
The County Board discussed the following old and new business:
- Lessard – Sams Outdoor Heritage Council/Outdoor Heritage Fund – no new updates
- County TV – call into Sjobergs for billing
- Land Acquisition – deed tax
- Veterans Service Policy – Commissioner Tom Hanson informed the board that the committee will be meeting in January
- Red Lake Tribe – Commissioner Arnesen stated that they will be meeting on December 15, 2010
- Township Road Inventory – Waiting until January
- Line Workers School – Iron on building is up
- Inventory – need to review as a group
- Beaver – no new update
- Clementson Property – Public Works Director to review
- Sheriff’s Department Uniform Allowance/Policy- remove from old/new
- CAMA- Commisisoner Hanson informed the board that CAMA as Index Card Scanning available from Vanguard.
Committee Reports:
The following committee reports were heard and discussed:
- County Auditor, John W. Hoscheid informed the board that the Building Committee met and discussed the door at the old recycling center and put Public Works Director, Tim Erickson in charge of the old recycling center.
Correspondence was read and acknowledged: Thank-you letter from master Gardeners and L.O.W. Water Sustainability Foundation.
Recess
The meeting was called to recess at 4:38 p.m. and reconvened at 6:00 p.m. as follows:
Public Hearing
2011 Proposed Budget and Levy
Motion
Motion was made by Commissioner Todd Beckel to close the regular meeting at 6:00 p.m. and open the Public Hearing, pursuant MN Statute §275.065 Subd. 3(c), for the Lake of the Woods County Board of Commissioners to hear all interested parties comments on the 2011 Proposed Budget and Tax Levy. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
County Auditor John W Hoscheid reviewed the 2011 Proposed Budget. He reviewed how the budget and other taxing entities (State of Minnesota; School Districts 390 and 690; Cities of Baudette and Williams and Unorganized Townships) affect the tax levy and statements.
Motion
Motion was made by Commissioner Tom Hanson to close the Public Hearing at 6:45 p.m. and reconvene the regular meeting. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.
Adoption of 2011 budget and Tax levy
County Auditor, John W. Hoscheid met with the County Board and requested approval for the 2011 Budget and Tax Levy.
RESOLUTION ADOPTING 2011 BUDGET AND TAX LEVY
Resolution 2010-12-03
The following Resolution was proposed and moved for adoption by Commissioner Todd Beckel:
WHEREAS, the certified county budget for the year 2011 has been reviewed by the Lake of the Woods County Board of Commissioners; and
NOW THEREFORE, BE IT RESOLVED that the following certified budget and tax levy is hereby adopted for Lake of the Woods County for 2011:
Revenue Fund $1,266,843
Road & Bridge $ 449,580
Social Service $ 558,437
Total $2,274,860
BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2011:
Twp Road & Bridge $ 402,905*
Twp Fire – Baudette $ 19,000
Williams $ 26,400
NW Angle $ 6,500
Total $ 454,805
$402,905 for Township Road & Bridge includes $7,500 which is specifically levied to Northwest Angle residents for Calcium Chloride. ($395,405 + $7,500 = $402,905)
Seconded by Commissioner Ken Moorman, and the same being put to a vote, was unanimously carried.
Recess
With no further business before the County Board, Chair Ed Arnesen called the meeting to recess at 6:50 p.m.
Attest: Approved: December 30, 2010
____________________________ ____________________________
John W Hoscheid, County Auditor Ed Arnesen, County Board Chair
Commissioner Proceedings
December 30, 2010
The Lake of the Woods County Board of Commissioners met in regular session on Thursday, December 28, 2010, in the Commissioners’ Room of the Lake of the Woods County Government Center.
Call to Order
Chair Arnesen called the meeting to order at 8:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ed Arnesen, Patty Beckel, Todd Beckel, Tom Hanson and Ken Moorman. Also present were: County Auditor John W. Hoscheid, Deputy Auditor Lorene Hanson, John Oren and Wade Johannesen.
Approval of Agenda
Motion was made by Commissioner Ken Moorman to approve the agenda for the meeting today. The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.
Consent Agenda
Motion was made by Commissioner Todd Beckel to approve the consent agenda for travel for Rita Krause to Brainerd for Northern Child Support Supervisor’s meeting on January 5-6, 2011. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Approval of Minutes
Motion was made by Commissioner Patty Beckel to approve the minutes of December 14, 2010 regular County Board meeting with changes. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.
Social Services Department
Claims
Social Services Director, Nancy Wendler, met with the County Board requesting approval of claims.
Motion was made by Commissioner Todd Beckel to approve the following claims against the County:
Commissioners’ Warrants $ 25,191.42
Commissioners’ Warrants $ 9,398.47
The motion was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.
Sanford Medical Center Contracts
Social Services Director, Nancy Wendler met with the County Board requesting approval for the following contracts with Sanford Medical Center:
Motion was made by Commissioner Tom Hanson to approve the contract between Sanford Medical Center and Lake of the Woods County Social Services for 2011, for the provision of Community Support Program Services; and to authorize Chair Ed Arnesen and Lake of the Woods County Social Services Director Nancy Wendler to sign the same. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Motion was made by Commissioner Ken Moorman to approve the contract for 2011 for Toll-Free Telephone Emergency Services between Sanford Medical Center and Lake of the Woods County Social Services; and to authorize Chair Ed Arnesen and Lake of the Woods County Social Services Director Nancy Wendler to sign the same. The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.
County Auditor
Claims
County Auditor, John W Hoscheid met with the County Board and requested approval of claims.
Motion was made by Commissioner Tom Hanson to approve the following claims against the County as presented:
Revenue $ 103,062.12
Road & Bridge $ 12,055.81
County Development $ 103,308.96
Solid Waste $ 6,074.30
$ 224,501.19
WARRANTS FOR PUBLICATION
Warrants Approved On 12/30/2010 For Payment 12/30/2010
Vendor Name Amount
Andy’s Garage, Inc. 2,127.91
International Water Institute 162,608.96
Koochiching Co Treasurer 2,500.00
Low County Treasurer 2,169.91
Low Highway Dept 3,163.88
North American Salt Co 2,434.71
Rolyan Buoys 2,601.34
University Of Mn 16,225.02
Wayne’s Body Shop-Dba 4,221.86
77 Payments less than 2000 $26,447.60
Final Total: $224,501.19
Further moved to authorize the payment of the following auditor warrants:
December 16, 2010 $ 311,975.20
December 17, 2010 $ 57,777.29
The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Elected Officials – Minimum Salaries
The following resolution was offered by Commissioner Todd Beckel and moved for adoption:
Resolution For
Establishing Minimum Salaries for Elective Offices
Resolution 2010 – 12-04
Whereas: M.S. 388.18, Subd. 1, et seq., M.S. 384.151, Subd. 1, et seq., M.S. 386.015, Subd. 1, et seq., M.S. 387.20, Subd. 1, et seq., and M.S. 385.373, Subd. 1, et seq. 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 2011:
County Attorney: $6,000
County Auditor: $6,000
County Recorder: $6,000
County Sheriff: $6,000
County Treasurer: $6,000
The motion was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.
Lake of the Woods Nursing Service Agreement
Motion was made by Commissioner Ken Moorman to approve the Purchase of Service Agreement between the Lake of the Woods County and LakeWood Health Center for the year 2011 and to authorize Chair Ed Arnesen and County Auditor John W Hoscheid to sign the same. The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.
Amendment to the Flexible Spending Plan
County Auditor, John W Hoscheid met with the County Board to have approved an amendment reflecting the change in the tax treatment of children under age 27 to the Flex Cafeteria Plan for Lake of the Woods County.
The following resolution was offered by Commissioner Todd Beckel and moved for adoption:
Amendment to Full Flex Cafeteria Plan
Reflecting Change in Tax Treatment of Employer-Provided Health Benefits
for Children Under Age 27
Resolution 2010 – 12-05
Whereas: Effective March 30, 2010, the definition of “Dependent” in Article III of the Plan shall be amended to read as follows: Dependent means: (a) for purposes of accident or health coverage (to the extent funded under the Medical or Medical Premium Benefit and Premium Reimbursement Benefit, and for the purposes of the Medical or Medical-Related Expense Reimbursement Benefit), (1) a dependent as defined as in Code § 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof, (2) any child (as defined in Code § 152(f)(1)) of the Participant who as of the end of the taxable year has not attained age 27, and (3) any child of the Participant to whom IRS Rev. Proc. 2008-48 applies (regarding certain children of divorced or separated parents who receive more than half of their support for the calendar year from one or both parents and are in the custody of one or both parents for more than half of the calendar year); and (b) for purposes of the Dependent Care Benefit, a Qualifying Individual. Notwithstanding the foregoing, the Medical-Related Expense Reimbursement Benefit will provide benefits in accordance with the applicable requirements of any qualified medical child support order (QMSCO), even if the child does not meet the definition of “Dependent”;
Whereas: Notwithstanding any provision of the Plan to the contrary, a Participant may make a new election for Medical-Related Expense Reimbursement Benefit coverage under the Plan on a prospective basis during the 30-day period beginning January 1, 2011; that is on account of and corresponds with his or her child (as defined in Code § 152(f)(1)) becoming newly eligible for coverage (or eligible for coverage beyond the date on which coverage would otherwise have been lost) as a result of the foregoing amendment to the definition of “Dependent” in Article III of the Plan. Requests for such election changes shall in all other respects are subject to the Plan’s terms and conditions regarding election changes.
Therefore Be It Resolved: Lake of the Woods County has adopted the foregoing amendment to reflect the change in tax treatment of employer-provided health benefits for children under age 27 to the Full Flex Cafeteria Plan on the 30th day of December 2010.
The resolution was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Hazard Mitigation Grant
Motion was made by Commissioner Todd Beckel to approve the Hazard Mitigation Plan Grant between the State of Minnesota and Lake of the Woods County; and to authorize Chair Ed Arnesen to sign the same. The motion was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.
MIS Director
Bandwidth Motion
Motion was made by Commissioner Patty Beckel to approve ordering an additional 1.5MBPS of bandwidth from the MN Office of Enterprise Technology with the cost of the additional bandwidth to be divided equally from the Public Works and Social Services funds for the budget year 2011. The motion was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.
Mail Server Software
MIS Director Brent Birkeland met with the County Board for approval on the upgrading and purchasing of the mail server software as budgeted. It was the consensus of the County Board to thank Brent for the update and to go ahead with the budgeted purchase.
Technology Fund
MIS Director Brent Birkeland discussed the technology fund reserves and the possibility of increasing this reserve with money left over from the 2010 MIS budget. It was the consensus of the County Board to review all of the revenue departments, after year end accruals and adjustments have been made, before making any commitment of reserves.
Recess
The meeting was called to recess at 8:50 a.m. and reconvened at 9:00 a.m. as follows:
Sheriff
County Sheriff Dallas Block and Human Resources Director Wade Johannesen met with the County Board to discuss the Chief Deputy Sheriffs’ modified job description and appointment.
Motion to Modify Chief Deputy Job Description
Motion was made by Commissioner Ken Moorman to approve the modified job description for the position of Chief Deputy to the County Sheriff as a non-exempt, Grade 17, effective January 1, 2011. The motion was seconded by Commissioner Patty Beckel. Chair Ed Arnesen called for discussion and Commissioner Todd Beckel reviewed that the original intentions of making this position exempt, was due to the administrative duties. The County Board discussed and reviewed the exempt and non-exempt status of this position. Roll call carried as follows: For: Commissioners: Ed Arnesen, Patty Beckel, Tom Hanson and Ken Moorman; Opposed: Commissioner Todd Beckel. The motion passed.
Motion to Appoint Chief Deputy Sheriff
Motion was made by Commissioner Ed Arnesen to approve County Sheriff Dallas Blocks’ appointment of Terry L Bandemer as Chief Deputy to the County Sheriff at a Job Grade 17, Step 9 ($29.29 per hour) on the approved 2011 Schedule of Hourly Rates, effective January 3, 2011. The motion was seconded by Commissioner Patty Beckel. Chair Ed Arnesen called for discussion and Commissioner Todd Beckel reviewed the principles of the steps and the concern of starting someone at a step 9. Roll call carried as follows: For: Commissioners: Ed Arnesen, Patty Beckel and Ken Moorman; Opposed: Commissioners: Todd Beckel and Tom Hanson. The motion passed.
Retirement Recognition of James Walton
The following resolution was offered by Commissioner Ed Arnesen and moved for adoption:
Recognition of Retirement
James Walton
Resolution 2010 – 12-06
Whereas: James Walton has served the residents of Lake of the Woods County for over 27 years for the Lake of the Woods County Sheriff’s Department;
Whereas: James has retired from County service effective December 31, 2010;
Now Therefore, Be it Resolved: That the Lake of the Woods County Board of Commissioners extends its deepest appreciation to James for his many years of dedicated service and best wishes on his retirement.
The resolution was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.
County Sheriff Dallas Block accepted the plaque from Chair Ed Arnesen on behalf of James Walton.
Retirement Recognition of Robert Nunn
The following resolution was offered by Commissioner Ed Arnesen and moved for adoption:
Recognition of Retirement
Robert Nunn
Resolution 2010 – 12-07
Whereas: Robert Nunn has served the residents of Lake of the Woods County for over 31 years for the Lake of the Woods County Sheriff’s Department;
Whereas: Robert has retired from County service effective December 31, 2010;
Now Therefore, Be it Resolved: That the Lake of the Woods County Board of Commissioners extends its deepest appreciation to Robert for his many years of dedicated service and best wishes on his retirement.
The resolution was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.
County Sheriff Dallas Block accepted the plaque from Chair Ed Arnesen on behalf of Robert Nunn.
Recess
The meeting was called to recess at 9:48 a.m. and reconvened at 9:51 a.m. as follows:
Land and Water Planning Director
Land and Water Planning Director Josh Stromlund met with the County Board to consider the Conditional Use Permit Request for Kevin and Diana McLain. The Findings of Fact and Decision are as follows:
Lake of the Woods County Board of Commissioners
Findings of Fact and Decision
Name of Applicant(s): Kevin and Diana McLain Date: December 30, 2010
Location/Legal Description: The SE1/4 of the SW1/4 of Section 14, T.160N, R.33W (Potamo) Parcel # 28.14.34.000
Project Proposal: Applicant is requesting to allow two (2) commercial businesses consisting of a used car dealership and an energy consulting and equipment sales business in a Natural Environment District.
- Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( )
Why or why not? The project proposal is located in close proximity to other commercial businesses and the balance between individual rights, protection from the actions of others, and protection of the natural environment was taken under consideration.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES (X) NO ( ) N/A ( )
Why or why not? The project proposal is located indoors which reduces the noise levels that may be heard on adjacent properties, proper containment of potential hazardous fluids on site, does not add a significant amount of additional traffic to the area, and the existing vegetative buffer will remain intact. Other than the outdoor display of the vehicles and signage at the end of the driveway, adjacent landowners and passerbies will not see the additional vehicles waiting to be reconditioned or the energy equipment.
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading? YES (X) NO ( ) N/A ( )
Why or why not? The applicant has stated that all liquids associated with the reconditioning of the used vehicles will be captured and contained on the property as there is no floor drain in the storage shed. When the containers are full, they will be properly disposed of at the Graceton Solid Waste Facility. The project proposal is not located in a shoreland area and no new structures are to be constructed.
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? The project proposal will not affect the site’s existing topography and drainage features as no new construction is planned. The application states that minimal impact will occur in two (2) areas of the existing vegetative cover which consists of mowing grass (Area1 per sketch) and if needed, clearing to expand the current yard which will serve as a staging area for up to 30 vehicles (Area 2 per sketch).
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES ( ) NO ( ) N/A (X)
Why or why not? The project proposal is not located in any 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? No soil movement is planned with the project proposal and minimal vegetative cover may be disturbed.
7. Is the site in harmony with existing and proposed access roads?
YES (X) NO ( ) N/A ( )
Why or why not? No new roads or approaches are planned as per the project proposal.
8. Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? A vegetative buffer will remain intact to minimize visual appearance from neighboring properties; other commercial businesses are in close proximity, reconditioning of the vehicles will be located in an existing building, and traffic is not expected to increase significantly. The number of vehicles that will be visually on display near County Road 3 will be limited.
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 proposal is not located in a shoreland area.
10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal?
YES (X) NO ( ) N/A ( )
Why or why not? The applicant has stated that all liquids associated with the reconditioning of the vehicles will be in accordance with state and federal regulations. There are no floor drains in the existing building where the reconditioning will take place. The existing septic system will be inspected and upgraded if needed.
11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance or Section 5.3 of the Rainy/Rapid Rivers Shoreland Ordinance? YES ( ) NO ( ) N/A (X)
Why or why not? Project proposal is not located in a shoreland area.
12. Is the site adequate for water supply and on-site sewage treatment systems?
YES (X) NO ( ) N/A ( )
Why or why not? Existing private well services the property and the existing septic system will be inspected and upgraded if needed.
13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate?
YES ( ) NO ( ) N/A (X)
Why or why not? The project proposal will not generate any watercraft usage.
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 project proposal does not contain storage tanks that would be subject to MPCA permit requirements as the containers to store fluids are to be kept inside the existing structure.
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? Existing vegetation will not be altered significantly to reduce the visual buffering of adjacent properties.
16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? YES (X) NO ( ) N/A ( )
Why or why not? The application states that four (4) signs are to be located near the driveway and County Road 3 to promote the businesses located on the premises and that the signs may be dimly illuminated by solar lights which will be focused on the signs to minimize the visual impact to adjacent properties. Refer to conditions for signage limitations.
17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (X) NO ( ) N/A ( )
Why or why not? Additional traffic is not expected to increase significantly beyond three to four additional vehicles at the site at any given time. Parking is available on the existing driveway/turnaround area. The location of the project proposal is on County Road 3, a paved highway in Lake of the Woods County which is a major artery to the Graceton Solid Waste Facility, city of Baudette, and Beltrami Island State Forest. There must be parking available near the vehicles that are on display to avoid potential customers parking on County Road 3.
If all answers to the Findings of Fact-Criteria are either “Yes” or “Not Applicable” to the project proposal, the criteria for granting the conditional use permit has been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.
The specific conditions of approval are as follows:
- The hours of operation, as stated in the application, are Monday through Saturday, 10:00 am until 7:00 pm weekdays and 12:00 pm (Noon) until 6:00 pm on Saturday.
- A total of seven (7) vehicles can be on display in Area 1, as per the submitted sketch, at any given time.
- Up to thirty (30) vehicles can be staged for reconditioning in Area 2, as per the submitted sketch, at any given time.
- Signage is limited to a total of sixty-four (64) square feet and may be illuminated with lights.
- The septic system is to be inspected by August 1, 2011, and if needed upgraded within two (2) construction seasons from the date of approval.
Approved with Conditions (X)
This is in accordance with Section 1104 of the Lake of the Woods Zoning Ordinance or Section 3.4 of the Rainy/Rapid Rivers Shoreland Ordinance.
Land and Water Planning Director, Josh Stromlund recommended approving the Conditional Use Permit as presented with conditions as discussed, to Kevin and Diana McLain.
Motion was made by Commissioner Ken Moorman to accept the Findings of Fact and Decision with Conditions and approve the Conditional Use Permit as presented with conditions as discussed, for Kevin and Diana McLain. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.
Consideration of Revised Zoning/Land Use Addendum
Land and Water Planning Director, Josh Stromlund met with the County Board to review and discuss considerations of the Revised Zoning/Land Use Addendum. It was the consensus of the County Board to hold a work session to review and discuss. The County Board will set a date and inform the Land and Water Planning Director.
Baudette-Lake of the Woods Airport – Joint Powers Agreement
The following resolution was offered by Commissioner Patty Beckel and moved for adoption contingent upon Interim County Attorney Michelle Moren:
Joint Powers Agreement Creating Joint Powers Entity
Baudette-Lake of the Woods Airport
Resolution 2010-12-08
Whereas:Minnesota Statutes, § 471.59 provides that two or more governmental units may by agreement jointly exercise any power common to the contracting Parties; and
Whereas:Minnesota Statutes § 360.042 provides that political subdivisions may enter into agreements for purposes of acquiring, establishing, constructing, maintaining, improving, and operating airports and other air navigation facilities;
Whereas:The name of this entity shall be Baudette-Lake of the Woods Airport, hereinafter referred to as “Airport”;
Now, Therefore Be It Resolved:In consideration of the mutual promises and agreements contained herein and subject to the provisions of Minnesota Statutes, § 471.59 and 360.042 and other applicable statutes, rules and regulations, the following Parties; City of Baudette, a Minnesota municipal corporation, hereinafter “City” and County of Lake of the Woods, a Minnesota municipal corporation hereinafter “County” hereby enters into a Joint Powers Agreement creating Joint Powers Entity this 30th day of December, 2010;
Further, Be It Resolved:That Interim County Attorney Michelle Moren, Chair Ed Arnesen and County Auditor John W Hoscheid are hereby authorized to sign the Joint Powers Agreement.
The resolution was seconded by Commissioner Tom Hanson and the same being put to a vote, was unanimously carried.
Public Works Director
Approval to Purchase GPS Survey System
County Public Works Director, Tim Erickson met with the County Board for approval to purchase a GPS survey system that would also need two cell phones to complete the system. It was the consensus of the County Board to thank Tim for the update and to go ahead with the budgeted purchase.
Resolution Interim County Attorney
The following resolution was offered by Commissioner Ed Arnesen and moved for adoption:
Recognition of Interim County Attorney
Michelle Moren
Resolution 2010 – 12-09
Whereas: Michelle E Moren has served the residents of Lake of the Woods County for the past four years as Interim County Attorney;
Whereas: Michelle has fulfilled all duties required of this position effective January 2, 2011;
Now Therefore, Be it Resolved: That the Lake of the Woods County Board Commissioners extends its deepest appreciation and gratitude to Michelle for a very fine accomplishment and service to Lake of the Woods County.
The resolution was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.
Adjourn
With no further business before the County Board, motion was made by Commissioner Todd Beckel to adjourn the 2010 Lake of the Woods County Board Meeting. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, carried unanimously carried. Chair Ed Arnesen declared the 2010 Lake of the Woods County Board meeting adjourned at 11:30 a.m.
Attest: Approved: January 4, 2011
____________________________ ____________________________
John W Hoscheid, County Auditor Ed Arnesen, County Board Chair