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COUNTY BOARD

February, 2007

Commissioner Proceedings

February 13, 2007

The Lake of the Woods County Board met in regular session on Tuesday, February 13, 2007, in the Commissioners’ Room in the Lake of the Woods County Government Center with the following members present:  Commissioners Patty Beckel, Todd Beckel, Moorman, Arnesen and Bredeson.  Also present was County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren. Chairman Todd Beckel called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance.

Motion by Commissioner Arnesen to approve the agenda with the following addition:  Catastrophic Leave Illness Policy, Board of Equalization meeting on June 11, 2007 at 9:00 a.m., MCIT board of directors meeting update, consent agenda for Phil Miller to travel to Minnesota Counties Attorney Association board of director’s meeting, Cormorant study, Trails and remove Mike Reed’s appointment with the board at 10:00 a.m. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the consent agenda as follows: Travel for  Holly House on March 13-15 to Brooklyn Park for Homeland Security Governor’s Conference; Rita Krause on February 25-27 to St. Paul for Child Support Guideline Committee; Ted Furbish on February 27-28 and March 1 to Bloomington for MN Air-Water-Waste Conference; Phil Miller on February 5 to St. Paul “Revealing Meth in MN” meeting; Bruce Hasbargen and Dan Crompton to St Cloud for Bridge Safety Inspection Seminar on March 9; Josh Stromlund to St. Cloud on March 22-23 for Land Use Meeting.   Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the January 23, 2007 minutes.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Social Services Director, Nancy Wendler met with the board to request approval of catastrophic vacation time donation for staff member and claims.

Motion by Commissioner Bredeson to approve the claims against the county with the exception of claim number 2975 as follows:

Commissioner warrants $23,117.18

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

Motion by Commissioner Patty Beckel to support the request of Social Services Director, Nancy Wendler for Catastrophic Leave Illness Policy.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

MIS Director, Brent Birkeland and Social Services Director, Nancy Wendler discussed the overage cost of the purchase of the SSIS Computer rack, claim number 2975.The overage was due to the unexpected shipping cost.

Motion by Commissioner Arnesen to approve claim number 2975 for $3,046.16. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

County Auditor, John W. Hoscheid met with the board and requested approval for claims, FAR North Transit contract, MCPP agreement, and re-appointment of committee member for MCIT and MCIT board of directors meeting.

Motion by Commissioner Bredeson to approve the claims against the county as follows:

                                                Revenue                       $ 40,876.49

                                                Road & Bridge $ 37,029.71

                                                Co. Development         $   6,284.00

                                                Solid Waste                  $ 20,544.16

                                                                                    $104,734.36

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  2/13/2007 FOR PAYMENT  2/16/2007

         AMOUNT   VENDOR NAME                                                    AMOUNT   VENDOR NAME

          669.95 ACCLAIM BENEFITS                                                    369.92 AMERI PRIDE LINEN & APPAREL SE

          715.05 AMERICAN SOLUTIONS FOR BUSINES                     3714.72 ARROW PRINTING

          914.06 AUTO VALUE                                                              550.00 BLUE MAXX RECYCLING

          308.21 CANON FINANCIAL SERVICES                                 5145.78 CO-OP SERVICES, INC.

          533.01 CRAGUNS LODGE & CONFERENCE CEN                  1567.90 DELL MARKETING, LP

          516.00 DLT SOLUTIONS, INC                                                  554.80 DODDS LUMBER

          407.07 EMBASSY SUITES                                                      525.00 HOFFMAN, DALE, & SWENSON, PLLC

          618.90 HOLTE IMPLEMENT, INC                                            1576.08 HOWARD’S OIL COMPANY

        4172.16 HSBC BUSINESS SOLUTIONS                                   8692.82 INFORMATION SYSTEMS CORPORATIO

          301.32 INSIGHT PUBLIC SECTOR                                          3034.79 JAKE’S QUALITY TIRE INC

          900.00 KKWQ – BORDER BROADCASTING                          2468.09 LAKES GAS CO.

      18274.00 LAVALLA SAND & GRAVEL INC                                556.87 LAWSON PRODUCTS, INC.

          325.00 PAT LECLAIRE ELECTRIC (DBA)                               8740.50 LOW HIGHWAY DEPT

      10480.95 MAR-KIT LANDFILL                                                     979.71 MARRIOTT INTERNATIONAL

          395.00 MN CHIEFS OF POLICE ASSOCIATIO                        2910.07 MN COUNTIES COMPUTER CO-OP

        2100.00 MN RURAL COUNTIES CAUCUS                               5000.00 MN TURF SEED COUNCIL, INC

          606.72 JEROME MOLINE                                                       1002.46 KENNETH MOORMAN

        1610.28 NORTHERN FARMERS CO-OP                                    422.49 PITT & QUARRY SUPPLIES, INC

        1541.60 LESLIE PULLAR                                                           582.12 QUILL CORPORATION

        1244.01 RODERICK RONE JR                                                    350.00 JIM THOMPSON BOAT CANVAS

          634.90 TONY DORN, INC.                                                       305.09 TRUE VALUE

          430.00 WEST CENTRAL JAIL ADMINISTRATO                       602.25 WEST GROUP

        2206.75 WIDSETH SMITH NOLTING&ASST INC

57 PAYMENTS LESS THAN  $300       5,177.96

FINAL TOTAL    $104,734.36 

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

                                                January 23, 2007          $  39,945.97   

                                                January 30, 2007          $ 416,766.44

                                                February 6, 2007         $   97,269.05

                                                February 7, 2007         $169,382.72

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

Motion by Commissioner Bredeson to re-appointment to the MCIT committee Commissioner Patty Beckel as delegate and Commissioner Moorman as alternate. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to authorize the Chairman to sign the 2007 Public Transit Service Agreement.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to authorize the Chairman to sign the 2007 Minnesota City Participation Programs Agreement and remit a check payable to the Minnesota Housing Finance Agency for $1,020.00 with the funds coming from unallocated.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

County Auditor, John W. Hoscheid informed the board of the MCIT orientation meeting for new board members.

John Oren, President of the Brink Center met with the board to discuss a freezer that Lutheran Social Service Nutrition ordered for the Brink Center, without anyone on the Brink Center board of directors ever being consulted about the purchase.

Motion by Commissioner Bredeson to authorize a transfer of funds from the designated Brink Center account for $5,000 to the Brink Center. Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

The meeting was called to recess at 9:55 and reconvened at 10:02 a.m. as follows:

Public Works Director, Bruce Hasbargen met with the board.

Motion by Motion by Commissioner Bredeson to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-598-49 and S.A.P. 39-598-57 for  Lian Construction of Warroad, MN in the total amount of $215,264.00 and hereby authorize final payment of $10,763.20.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carries.

Motion by Commissioner Patty Beckel to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-601-22 for Spruce Valley Corporation of Middle River, MN  in the total amount of $1,576,936.24 and hereby authorize final payment of $89,396.65.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-613-03, S.A.P. 39-625-05 and   S.A.P. 39-602-16 for Northstar Materials, Inc. of Bemidji MN in the total amount of $1,423,890.06 and hereby authorize final payment of $71,194.51. Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to transfer Unit 86, a 1989 L9000 Tandem Truck, from the Public Works Department to the Baudette-Lake of the Wood County Airport Commission.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Bruce requested the board to review the letter sent by Nels Nelson to vacate a portion of right of way up at the Angle.  Bruce informed the board that he sent Nels a letter explaining the process of vacating right of ways. Bruce also presented to the board, draft recommendations on Contractor’s Hiring Procedures.

Motion by Commissioner Arnesen to enter into a Joint Powers Agreement with Independent School District 390 for the overlay of approximately one mile of road located at Lake of the Woods Public School Access contingent upon approval of County Attorney Philip Miller.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

The board discussed the construction of the Salt and Sand Storage Facility.  With shortage of time, this was tabled until later in the day.

Chairman Todd Beckel at 11:00 a.m., as advertised, called for opening of bids for a Telescopic tool handler.  The following bid was opened:

Bobcat of Bemidji         $73,540.71

Motion by Commissioner Moorman to accept the Public Works Director’s recommendation to award the bid for the purchase one (1) new telescopic tool handler (loader) from Bob Cat of Bemidji, the lowest responsible bidder, for the amount of $73,540.71.  The loader will be purchased with funds budgeted.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

The meeting was called to recess at 11:16 a.m. and reconvened at 11:18 a.m. as follows:

Bill Haggerty and Tom Pueringer met with the board to discuss their proposal of “Cooperative Ownership” of the Lake of the Woods Campground and requested a letter from the County stating the County’s position or it’s concerns regarding the proposal that was presented. No board action was taken.

The meeting was called to recess at 12:10 a.m. and reconvened at 1:00 p.m. as follows;

Chairman Todd Beckel closed the meeting at 1:00 p.m. and as advertised opened the Planning Commission.

Darvin Oelke                Lot 2& 3, Block 1,                   A Conditional use Permit as

                                    Himberg Estates Plat                 required by the Lake of the Woods

                                    Section 10, T-160N,                County Zoning Ordinance and the

                                    R-30W            ( Gudrid TWP) Rainy/Rapid River Shoreland

                                                                                    Management Ordinance, to allow

                                                                                    the applicant to move more than

                                                                                    fifty (50) cubic yards of material and

                                                                                    place a camper trailer outside of the

                                                                                    shore impact zone of the Rainy

                                                                                    River.

Steven Goodwin           The shoreland area of               A Conditional Use Permit as

                                    Silver Creek lying                     required by the Lake of the Woods

                                    within the NW1/4 of the            County Zoning Ordinance, to allow

                                    SE1/4 of Section 10,                the applicant to conduct a semi-

                                    T-160N, R-30W                      public use consisting of a church

                                    (Gudrid TWP)                          retreat/campground in the shoreland

                                                                                    area of Silver Creek within a

                                                                                    Residential development District.

Land and Water Planning Director, Josh Stromlund presented Darvin Oekle’s Conditional Use Permit to the board.  No comments from the floor were heard and a letter was read and acknowledge from Jeff and Janice Santor was read; Steve Goodwin’s Conditional Use Permit was presented to the board.  Comments from the floor were heard  and a letter was read and acknowledge from Severn Holte.

The Planning Commission was closed at 1:45 p.m. the regular meeting was opened at 1:50 p.m. as follows:

Land and Water Planning Director, Josh Stromlund informed the board that Lake of the Woods  was removed from the Red River Valley Water Supply Project; On March 7 & 8 there will be a meeting in International Falls for the International Lake of the Woods Water Quality Forum.

Corryn Trask, Resource Technician from Soil and Water Conservation District met with the board and presented the 2006 Annual Report of Activities and Accomplishments for the Lake of the Woods Soil and Water Conservation District.

Human Resource Director, Leslie Pullar met with the board to discuss background checks on newly hired employees. She explained that Association of Minnesota Counties endorses a company called “Employee Relations Inc.”.

Motion by Commissioner Patty Beckel to authorize Human Resource Director, Leslie Pullar to utilize Employee Relations Inc. for newly hired employees for background checks and authorize Chairman Todd Beckel to sign the agreement.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Deputy Auditor, Dale Boretski met with the board and discussed the class he attended with the Minnesota Department of Revenue; Introduction to Property Tax Administration.

Public Works Director, Bruce Hasbargen met with the board to continue the discussion of the Salt and Storage Building.  The consensus of the board was to build on County Property versa State Property; requesting County Auditor, John W. Hoscheid and Public Works Director, Bruce Hasbargen to determine funding source and report at the March 13, 2007 meeting.

No action was taken on the transferring of fuel funds from the Revenue Department to the Highway Department.

Commissioner Moorman talked about the Madoll’s Lot and informed the board that he would like to facilitate this issue.

The Commissioners discussed the following topics with no action:  Cormorant study; Pandemic Flu Meeting; Beltrami State Forest Trails with the Red Lake Band closing approximately 10 miles of snowmobile trails that are on their land; Thank-you note from the Minnesota Wild Hockey Club.

County Auditor, John W. Hoscheid informed the board that Shawn Byrne from Public Employee Insurance Program will be here on March 6, 2007 to conduct an educational session on Health Saving Account.  The Commissioners requested that all county employees’s who utilize the county health insurance try to attend one of the sessions.

The Commissioners set February 20, 2007 at 8:00 a.m. for a special session to discuss with Department Heads the 2006 year-end budgets.

With no further business with the board, Chairman Todd Beckel called the meeting to recess at 4:00 p.m.

Attest:                                                                          Approved:        February 27, 2007

_____________________________                          ______________________________

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

Commissioner Proceedings

Special County Board Meeting

February 20, 2007

The Lake of the Woods County Board meeting met in special session on Tuesday, February 20, 2007, in the Jury Room of the Lake of the Woods County Government Center, with the following members present:  Commissioners T.Beckel, P.Beckel, Bredeson, Moorman and Arnesen.   Also present was County Auditor John W Hoscheid.  Chair T.Beckel called the meeting to order at 8:00 a.m. and led the Pledge of Allegiance. 

Motion by Commissioner Arnesen to approve the agenda for the special meeting today.  Seconded by Commissioner P.Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to add the EOP Grant to the consent agenda.  Seconded by Commissioner P.Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve Chair T.Beckel to sign the EOP grant.  Seconded by Commissioner P.Beckel and the same being put to a vote was unanimously carried.

Meeting with the board to review Year End 2006 Revenue and Expenditure Guidelines were the following departments: Auditor, Treasurer, Land and Water, Recorder, Assessor, Emergency Management, Attorney, GIS/MIS, Veteran’s Service, Sheriff and Social Services. 

The board will continue to review Social Services and Highway at another date.

There being no further business before the Board, Chair T.Beckel declared the meeting in recess at 12:20 p.m.

Attest:                                                             Approved:  February 27, 2007

________________________________        ____________________________________

John W Hoscheid                                           Todd Beckel

County Auditor                                               Chair of the County Board

Commissioner Proceedings

February 27, 2006

The Lake of the Woods County Board met in regular session on Tuesday, February 28, 2007, in the Auditorium at the Lake of the Woods School with the following members present:  Commissioners Bredeson, Patty Beckel, Arnesen and Todd Beckel and Ken Moorman..  Also present were County Auditor John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren. The meeting was held at the School so Mr. Krause social studies classes could attend to fulfill classroom requirements for county government. Chairman Todd Beckel called the meeting to order at 9:00 a.m. and led the Pledge of Allegiance. 

Motion by Commissioner Bredeson to approve the agenda with the following additions:  GIZIIBII, Spiny Water Fleas, NACO, Trails and WACA.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to approve the consent agenda as follows:  Jodi Ferrier to St. Cloud on March 5-7 and April 16-18 for Social Work Core Training; Josh Stromlund to Little Falls on March 15-16 and May 1-2 for Planning and Zoning Workshops, St. Cloud on March 22-23 for workshops, April 10-11 to Brainerd for Wetland Conference and April 19-20 to Detroit Lakes for ISTS Rule Revisions.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Motion by Commissioner Bredeson to approve the minutes of February 13, 2007.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the minutes of February 20, 2007.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Social Service Director, Nancy Wendler met with the board giving a brief summary to the students on the functions and responsibilities of the county Social Service Department.

 Motion by Commissioner Bredeson to approve the claims against the county:

Commissioners’ warrants          $32,322.53

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

Commissioner Patty Beckel informed the board of the Spiny Water Fleas that are threatening

Lake of the Woods and informed the board that the DNR will be educating the public this summer.

The board discussed the per diem procedures used for appointed member at large on the GIZIIBII committee. No action was taken at this time.

Land and Water Planning Director, Josh Stromlund met with the board and gave a brief summary to the students on the Land and Water Planning Department’s functions and responsibilities for the county.  Josh discussed the consideration of  request for a  conditional use permit for Darvin Oekle on Lot 2 & 3, Block 1, Himberg Estates Plat in Sec. 10, T-160N, R-30W    as required by the Lake of the Woods County Zoning Ordinance and the Rainy/Rapid Rivers Shoreland  Management Ordinance  to allow the applicant to move more than fifty (50) cubic yards of material and place a camper trailer outside of the shore impact zone of the Rainy River.

Chairman Todd Beckel went through the Findings of Fact and Decision for Darvin Oekle’s request for a conditional use permit. Below is the result of The Findings of Facts:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant Darvin Oelke                                                      Date  February 27, 2007

Project Proposal  To allow applicant to move more than fifty (50) cubic yards of material and place a camper trailer outside of the shore impact zone of the Rainy River.

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?                                                                                                           YES (X)  NO (  )

Why or why not?  Erosion control measures have been addressed by proposing to seed the fill pad area and constructing a retaining wall.  A port-a-potty is proposed to handle septage.

2. Is the requested use consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                    YES (X) NO (  )

Why or why not?  Erosion control has been addressed to minimize the potential of sedimentation and nutrient loading.

3. Will the requested use not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                            YES (x )  NO ( )

Why or why not?  It will not adversely affect the site’s topography by establishing the camper/RV pad.

4. Is the requested use’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?                                                        YES (X)  NO (  )

Why or why not?  It is not located within the floodplain.

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

                                                                                                            YES (X)  NO (  )

Why or why not?  Proposed plans identify erosion control methods.

6. Is the site in harmony with existing and proposed access roads?        

                                                                                                            YES (X)  NO (  )

Why or why not?  The proposal is adjacent to Highway 11.

7. Is the requested use compatible with adjacent land uses?

                                                                                                            YES (X)  NO (  )

Why or why not?  Camper/RV sites are and have been developed along the Rainy River.

8. Does the requested use have a reasonable need to be in a shoreland location?

                                                                                                            YES (X)  NO (  )

Why or why not?  All of the land is within the Rainy/Rapid Shoreland Management jurisdiction.

9. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate such?                             YES (X)  NO (  )

Why or why not?  Port-a-potty is proposed indicating limited use.  Camper gray water is a question of how it will be disposed of (contained unit or holding tank).

10. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance or Section 5.3 of the Rainy/Rapid Rivers Shoreland Ordinance?                                                                    YES (X)  NO (  )

Why or why not?  Shore impact zone buffer still present along Rainy River.

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

                                                                                                            YES (X)  NO (  )

Why or why not?  Adjacent lots have well and septic.

12.  Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the use will generate?                YES (X)  NO (  )

Why or why not?  Ample recreation opportunities exist on the Rainy River.  A boardwalk & dock can be utilized to access across the aquatic vegetation.

If all answers to the Findings of Fact-Criteria are “Yes” by a majority vote, 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:  Retaining wall and drainage tile to be built prior to or concurrent to the fill being placed on property to prevent erosion of sediment.  The camper shall be kept temporary (on property less than 180 consecutive days) and shall remain mobile in nature.

Approved  (X)       Denied  (  )

This is in accordance with Section 1104 of the Lake of the Woods Zoning Ordinance and Section 3.4 of the Rainy/Rapid Rivers Shoreland Ordinance.

Motion by Commissioner Bredeson to approve the conditional use permit for Darvin Oekle on Lot 2 & 3, Block 1, Himberg Estates Plat in Sec. 10, T-160N, R-30W with the specific conditions set forth: Retaining wall and drainage tile to be built prior to or concurrent to the fill being place on property to prevent erosion of sediment.  The camper shall be kept temporary (on property less than 180 consecutive days) and shall remain mobile in nature. Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Josh discussed the consideration of request for a conditional use permit for Steve Goodwin on Silver Creek lying within the NW1/4 of the SE1/4 of Sec. 10, T-160N, R-30W as required by the Lake of the Woods County Zoning Ordinance, to allow the applicant to conduct a semi-public use consisting of a church retreat/campground in the shoreland area of Silver Creek within a Residential Development District.

Chairman Todd Beckel went through the Findings of Fact and Decision for Steve Goodwin’s request for a conditional use permit. Below is the result of The Findings of Facts:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant  Steve Goodwin                                                    Date  February 27, 2007

Project Proposal  To allow the applicant to conduct a semi-public use consisting of a church retreat/campground in the shoreland area of Silver Creek within a Residential Development District.

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?                                                                                                           YES (X)  NO (  )

Why or why not?  This proposal requires a Department of Health plan review.  Each site has access of the loop road and erosion control was addressed as part of the WCA Restoration Order.

2. Is the requested use consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                    YES (X) NO (  )

Why or why not?  Wetland impact has been addressed.  The ditches have erosion control and have been seeded.  The pads for the camping sites have no direct runoff potential to surface waters.  Vegetative buffer along shoreline remains intact.  The required storm water plan should have addressed temporary and permanent erosion control.

3. Will the requested use not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                            YES (X)  NO (  )

Why or why not?  It has affected the site’s existing topography by road construction, pad development, and pavilion site.  Also, area was cleared of vegetation and existing drainage was altered but in order to achieve the goal of a campground this was necessary.

4. Is the requested use’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?                                                        YES (X)  NO (  )

Why or why not?  It is not within floodplain.

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

                                                                                                            YES (X)  NO (  )

Why or why not?  Erosion control was addressed as part of the WCA Restoration Order.        

6. Is the site in harmony with existing and proposed access roads?        

                                                                                                            YES (X)  NO (  )

Why or why not?  Adjacent to county road and a loop road has been developed.

7. Is the requested use compatible with adjacent land uses?

                                                                                                            YES (X)  NO (  )

Why or why not?  Semi-public use would be allowed if solely in non-shoreland area.  Surrounding zoning classifications are Residential Development and Natural Environment.

8. Does the requested use have a reasonable need to be in a shoreland location?

                                                                                                            YES (X)  NO (  )

Why or why not?  By moving the proposed activity farther to the East on the property, additional wetland impact may occur.           

9. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate such?                             YES (X)  NO (  )

Why or why not?  Port-a-potties to be utilized which indicates short duration use is proposed.  

10. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance or Section 5.3 of the Rainy/Rapid Rivers Shoreland Ordinance?                                                                    YES (X)  NO (  )

Why or why not?  Sites will be farther than the required 100 foot setback from Silver Creek.    

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

                                                                                                            YES (X)  NO (  )

Why or why not?  Upland soil is present and wells have been drilled in the adjacent area.

12. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the use will generate?                YES (X)  NO (  )

Why or why not?  Navigability of Silver Creek to the Rainy is questionable.  This limiting factor will restrict the type, use, and numbers of watercraft. 

If all answers to the Findings of Fact-Criteria are “Yes” by a majority vote, 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:  Quiet hours have been set at 9:00pm.  A one (1) year review of this proposal shall be conducted.  Approval must be granted by the Minnesota Department of Health of the site plan.  Camper/trailers must remain mobile and temporary in nature.  Camper/trailers can remain on property for up to seven (7) consecutive days.  The use of the campers/trailers shall be limited to “not for profit” organizations and at no charge for events.

Approved  (X)       Denied  (  )

This is in accordance with Section 1104 of the Lake of the Woods Zoning Ordinance and Section 3.4 of the Rainy/Rapid Rivers Shoreland Ordinance.

Motion by Commissioner Bredeson to approve the Conditional Use Permit for Steve Goodwin on Silver Creek lying within the NW1/4 of the SE1/4 of Sec. 10, T-160N, R-30W as required by the Lake of the Woods County Zoning Ordinance, to allow the applicant to conduct a semi-public use consisting of a church retreat/campground in the shoreland area of Silver Creek within a Residential Development District with the specific conditions set forth: Quiet hours have been set at 9:00 p.m. A one (1) year review of this proposal shall be conducted.  Approval must be granted by the Minnesota Department of Health of the site plan.  Campers/trailers must remain mobile and temporary in nature.  Camper/trailers can remain on property for up to seven (7) consecutive days.  The use of the campers/trailers shall be limited to “not for profit” organizations and at no charge for events. Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

University of Minnesota Local Extension educator, Agriculture Production Systems, Canola/Grass Coordinator, Derek Crompton met with the board and gave a brief review of his job responsibilities and accomplishments so far.

Public Works Director, Bruce Hasbargen met with the board requesting approval for Drug and Alcohol Testing Rates, appointment of committee members for Ditch 1, Transit Funding 2007 resolution and final payment of S.P. 39-595-01.

Motion by Commissioner Moorman to enter into an MCIT Drug and Alcohol Testing Participation Agreement Addendum #2: Change in Drug Testing Rates and authorize the Chairman and Auditor to sign.  Seconded by Commissioner Arnesen and the same being put to a vote was unanimously carried.

Motion by Commissioner Arnesen to appoint the following individuals to the Ditch #1 Committee, Randy Bergan, Larry Cole, Rita Krause, Rex Muggli and Scott Pieper.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

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

Resolution No. 07-02-01

A RESOLUTION REQUESTING

COMPREHENSIVE ROAD AND TRANSIT FUNDING IN 2007

WHEREAS, all Minnesota counties benefit from an efficient and adequately funded transportation system that offers diverse modes of travel; and

WHEREAS, due to budget constraints, counties are increasingly deferring maintenance on their 30,000 miles of county state aid highways, 15,000 miles of county roads, and over 7,000 bridges; and

WHEREAS, local cost participation requirements for trunk highway projects are putting undue pressure on county highway budgets; and

WHEREAS, the main source of funding, County State Aid Highway Funding is declining and property taxes, and local bonding are having to shoulder more of the burden; and

WHEREAS, the recently approved constitutional amendment that phases in dedication of 100 percent of the motor vehicle sales tax (MVST) for transportation purposes will address only a fraction of the transportation funding needs in Minnesota, and total MVST revenues are not meeting projections; and

WHEREAS, transportation analysts in consultation with the Minnesota Department of Transportation (MnDOT) estimate Minnesota will have to invest an additional $1.5 billion  per year in transportation infrastructure for the next ten years in order to meet identified needs; and

WHEREAS, transportation infrastructure maintenance and improvement costs significantly contribute to rising property taxes; and

WHEREAS, lack of state funding has delayed regionally significant road construction and reconstruction projects across Minnesota; and

WHEREAS, Minnesota’s transportation system is failing to meet the capacity needs necessary to sustain population growth and promote economic development; and

WHEREAS, congestion, inefficient transportation systems and lack of transportation choices lead to greater dependence on foreign oil, increased environmental degradation, and economic disadvantages for Minnesota’s businesses and residents; and

WHEREAS, many rural roads are not built to modern safety standards and are not meeting the needs of industries that depend on the ability to transport heavy loads; and

WHEREAS, current funding for roads and transit systems across all government levels in Minnesota is inadequate, and this under-investment hinders Minnesota’s economic competitiveness.

NOW, THEREFORE, BE IT RESOLVED BY THE  LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS that this COUNTY requests that in 2007 the Minnesota Legislature pass a comprehensive transportation funding package that permanently increases dedicated funding for transportation; and

BE IT FURTHER RESOLVED BY THE  LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS that this COUNTY requests that in 2007 Governor Tim Pawlenty allow a comprehensive transportation funding package that permanently increases dedicated funding for transportation that is passed by the Legislature to become law; and

BE IT FURTHER RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS, THE COUNTY OF LAKE OF THE WOODS supports funding options including, but not limited to, the following:

  • An increase in the gas tax of 10 cents phased in over a two year period.
  • Indexing of the gas tax;
  • Increases in vehicle registration taxes;
  • Trunk highway bonding of $100 million per year over a 10-year period;
  • General obligation bonding for local roads and bridge;
  • Authority for counties to levy up to a ½ percent increase in the state sales tax dedicated for transportation purposes; and
  • Authority for counties to levy up to $20.00 wheelage fee; and
  • Authority for counties to impose a transportation impact fee; and

BE IT FURTHER RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS that this COUNTY define a comprehensive transportation-funding package as an initiative that permanently increases dedicated funding for state and local road and transit systems in Greater Minnesota and the Metropolitan Area.

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

Motion by Commissioner Bredeson to accept the County Public Works Director’s Certificate of Performance for S.P. 39-595-01 for Affordable Electric of Roseau, Inc. of Roseau, MN in the total amount of $425,979.80 and hereby authorize final payment of $21,298.98.  Seconded by Commissioner Todd Beckel and the same being put to a vote was unanimously carried.

Chairman Todd Beckel at 11:00 a.m., as advertised, called for opening of bids for a Bituminous Surfacing of the following:  S.A.P. 39-601-26, S.A.P. 39-639-02, S.A.P. 39-626-04, S.A.P. 39-623-03, School # 390 and the Public Works Parking Lot.  The following bids were opened:

Minn – Dak Asphalt Inc.                       $1,470,757.50

Central Specialties                                $1,698,690.14

Northern Paving Inc.                             $1,440,133.27

North Star Materials                             $1,374,702.64

Public Works Director, Bruce Hasbargen will bring back the recommendation to award the bid at the March 13, 2007 meeting.

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

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

Revenue                       23,989.15

Road and Bridge          65,564.33

Co. Development            2,548.00

Solid Waste                     5,908.77

                                    98,010.25

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  2/27/2007 FOR PAYMENT  3/02/2007

         AMOUNT   VENDOR NAME                                                  AMOUNT   VENDOR NAME

          494.14 AMERICAN SOLUTIONS FOR BUSINES                     2088.93 ANDY’S GARAGE, INC.

          680.31 BEST WESTERN – KELLY INN                                   1879.48 CO-OP SERVICES, INC.

        2139.90 DELL MARKETING, LP                                                 300.00 GIZIIBII RESOURCE CONS & DEV

          330.00 GOVERNMENT TRAINING SERVICES                        1178.48 GRAINGER, INC

        7560.00 IBM CORPORATION                                                   1000.00 JOINT POWERS NATURAL RES BRD

        6396.00 LAKEWOOD FARMS INC                                             329.64 LOCATORS SUPPLIES INC

        2500.00 MN COUNTIES INSURANCE TRUST                             333.25 MN DEPT OF TRANSP

          436.12 JEROME MOLINE                                                       1617.50 NORTH EAST TECHNICAL SERVICE,I

          833.74 NW MN HOUSEHOLD HAZARDOUS                         1436.60 LESLIE PULLAR

          460.21 QUILL CORPORATION                                             51371.44 R & Q TRUCKING, INC

          522.84 RODERICK RONE JR                                                    630.00 SERVICE400

        3500.00 SJOBERG’S INC                                                           990.46 SOFTWARE HOUSE INTERNATIONAL,

          515.08 WEST GROUP                                                           2173.00 WIDSETH SMITH NOLTING&ASST INC

        2980.20 WOODY’S SERVICE

32 PAYMENTS LESS THAN  $300       3,332.93

FINAL TOTAL     $98,010.25

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

February 13, 2007 245,165.74

February 21, 2007   29,075.09

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

Motion by Commissioner Patty Beckel to approve the On-Sale/Sunday Intoxicating Liquor License for Warroad Recreation Inc. DBA Oak Harbor Golf Course for the period of April 15, 2007 to October 15, 2007 upon the approval of County Sheriff and County Attorney.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

The Commissioners discussed usage of the “Commissioners’ Room”.  The board decided to bring this to the Department Heads meeting for further discussion and input.

The meeting was called to recess at 11:57 a.m. and reconvened at 1:00 p.m. as follows:

Meeting with the board was DNR Wildlife Area Manager, Jeff Dittrich, DNR NW Regional Director, Mike Carroll and landowner Dean Bernard.  Jeff requested that a land acquisition be permitted on a 634.18 acre parcel in the East ½ of Sec 1 and the East ½ of Sec. 12, Twp 161N, R 33W in McDougald Township. The rational for the acquisition is that the DNR is interested in acquiring the parcel, because it fits the existing state ownership well.  It is bordered by state land on three sides, so it helps round the Graceton WMA. The board discussed the request.  Mike Carroll informed the board of the Pilot Project the DNR is coordinating, which will work with a formal process of inventory of State Lands that they own within Lake of the Woods County.

Motion by Commissioner Arnesen to table the DNR land acquisition request until the March 13, 2007 meeting.  Seconded by Commissioner Moorman and the same being put to a vote was unanimously carried.

Far North Transit Coordinator, Steve Butler met with the board and gave the 2006 year-end report.

MIS Director, Brent Birkeland met with the board and gave a brief summary to the students of the functions his department is responsible for within the county.  Brent requested approval to purchase a Data Protection Unit and a Data Base Server and informed the board that he will be taking training classes on line.

Motion by Commissioner Bredeson to approve the purchase of a Data Protection Unit up to $14, 000.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Motion by Commissioner Patty Beckel to approve the purchase of a Data Base Server as budgeted.  Seconded by Commissioner Bredeson and the same being put to a vote was unanimously carried.

County Assessor, Wayne Bendickson met with the board and requested permission to hire Vanguard to create the parcel listing for the new CAMA program.

Motion by Commissioner Arnesen to authorize County Assessor, Wayne Bendickson to hire Vanguard to create the parcel listing for the new CAMA program and to allocate up to $3,000 with the funding from the unallocated account.  Seconded by Commissioner Patty Beckel and the same being put to a vote was unanimously carried.

Commissioner Todd Beckel informed the board of the phone call he received from the President of NACO requesting him to travel to Washington D.C. to discuss the expansion of the authority for the Corps of Engineers’.  The consensus of the board was they were in support of the request; he informed the board that the Red Lake Band was closing ten (10) miles of snowmobile trails in Beltrami Island State Forest and Lake of the Woods County.

Commissioner Bredeson informed the board that they offered a position for the Economic Development Coordinator.

With no further business before the board, Chairman Todd Beckel called the meeting to recess at 2:45 p.m.

Attest:                                                              Approved:        March 13, 2007

____________________________                _______________________

John W. Hoscheid, County Auditor                   Todd Beckel, Chairman