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COUNTY BOARD

July, 2014

Commissioner Proceedings

July 8, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 8, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: ANI Acquisition Company, Rip-Rap discussion, and Add to Old/New Business- Flood Water Issues. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Arnesen to approve the consent agenda as follows:  Travel for Stacy Novak, on July 13-14 for MCCC Committee in St. Paul (re-scheduled from July 9-10); Craig Severs on September 28-October 1 for MN Family Support & Recovery Council in St. Cloud. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Approval of Minutes

June 24, 2014 Minutes

Motion was made by Commissioner Hanson to approve the minutes of June 24, 2014 regular meeting with changes. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

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

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

                                           Revenue                              $      31,152.26          

                                                Road & Bridge                     $    170,851.78

                                                Solid Waste                          $        6,387.55

                                                EDA                                     $         2,019.99

                                              219,411.58         

WARRANTS FOR PUBLICATION

Warrants Approved On 7/08/2014 For Payment 7/11/2014

Vendor Name                                                                      Amount

Cenex Co-Op Services, Inc.                                           3,051.56

Hasler                                                                              4,000.00

Jake’s Quality Tire Inc                                                     2,102.24

Lakewood Farms Inc                                                      6,872.53

Nortrax Inc                                                                   161,224.00

SeaChange Printing&MarketingServices LLC              3,432.20

Strata Corp, Inc                                                                3,394.65

University Of Mn                                                              8,316.24

Ziegler, Inc                                                                       2,788.74

61 Payments less than 2000 24,229.42

Final Total:  219,411.58

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

June 11, 2014                  $    80,143.74

June 26, 2014                  $    40,474.96

July 2, 2014                     $      1,193.07

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

Approval of Final Land Sale

County Auditor/Treasurer, Mark Hall and Deputy Auditor, Stacy Novak met with the board requesting approval for the terms of the Land Sale that will be held on August 22, 2014.

Motion

Motion was made by Commissioner Arnesen to approve the following terms of the Tax Forfeited Land sale that will be held on August 22, 2014 as recommend by County Attorney, James Austad:

TERMS FOR THE PUBLIC SALE OF TAX FORFEITED LAND

IN LAKE OF THE WOODS COUNTY

PUBLIC SALES: All tax forfeited land is offered at public auction and sold to the highest bidder. The minimum bid acceptable is the basic sale price that is shown on the list of tax forfeited land. The basic sale price is equal to or lesser than the assessed/appraised value and may include additional charges for unpaid special assessments or timber values as appraised by the Minnesota Department of Natural Resources.

PARCELS NOT SOLD AT PUBLIC AUCTION: Parcels not sold at a public sale may be purchased after the public sale by paying the basic sale price of the parcel.  The basic sale price cannot be changed unless the parcel is re-appraised, republished, and again offered at a later public sale.

FEES: The following fees will be collected at the time of sale: State Assurance Surcharge, 3%; State Deed Fee, $25; Deed filing fee, 19.50; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50 (if applicable); and State Deed Tax, equal to the greater of $1.65 or 0.33% of the basic sale price.

PAYMENT TERMS: CASH—FULL PAYMENT AT TIME OF SALE.

Payment includes timber value and certified special assessments to county.

SPECIAL ASSESSMENTS: Any special assessments certified to the county, prior to or after forfeiture, are included and must be paid by the purchaser as part of the basic sale price. It is the responsibility of the prospective buyer to contact the appropriate city to determine any special assessments not certified to the county and that may be subject to further assessment thereof.

CONDITIONS: Sales are subject to the following restrictions on the use of the properties: existing leases, building codes and zoning laws, and easements obtained by any government subdivision or agency thereof for a public purpose. The assessed/appraised value does not represent a basis for future taxes.

All property is sold “as is” and may not conform to current local building and zoning ordinances. Lake of the Woods County makes no warranty that the land is “buildable”. All sales are final, and no refunds or exchanges are permitted. Lake of the Woods County is not responsible for location or determining property lines or boundaries.  Access to the property is the responsibility of the buyer.

*Lake of the Woods County is unaware of any known hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time.

Radon Warning Statement: The MN Dept. of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy and recommends having the radon levels mitigated if elevated concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling.

*Lake of the Woods County is unaware of any radon testing, records, concentration levels, or mitigation systems on or available for applicable sale properties.

TITLE: PROOF OF OWNERSHIP: The buyer will receive a receipt at the time of the sale. The Department of Revenue will issue a State quitclaim deed after full payment is made. A State deed has the characteristics of a patent from the State of Minnesota.

SETTLEMENT IS FINAL: No warranties as to physical condition of the property have been made by Seller, its Employees or Agents; any warranties of physical condition of the property are void. The Seller, its Employees or Agents, have no further responsibility or liability with respect to the condition or management of the property.

FOR ALL LAND NOT IN A PLATTED SUBDIVISION: There are restrictive covenants required for marginal lands and wetlands including lands in Auditor’s Subdivisions (see Minnesota Statutes Section 103F.535, Subd. 2; and Section 282.018, Subd. 2.)

FORMER OWNERS: Must pay the purchase price or the amount of delinquency, whichever is more, pursuant to Minnesota Statutes Section 282.01, Subd. 7; Section 282.012; and Section 282.241.

IN ORDER TO PROTECT YOUR LEGAL INTERESTS, WE RECOMMEND THAT YOU CONSULT WITH YOUR ATTORNEY ON LEGAL MATTERS.

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

Publication of Land Sale

County Auditor/Treasurer, Mark Hall met with the board requesting approval to set the date and time for the Tax-Forfeited Land Sale.

Resolution

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

NOTICE OF PUBLIC SALE OF TAX-FORFEITED LANDS

Resolution No. 2014-07-01

NOTICE IS HEREBY GIVEN, that the parcels of land described in the List of Tax-Forfeited Land that is contained herein shall be sold to the highest bidder at public sale. The sale will be governed by the provisions of MS 282.01 and by the resolution of the Lake of the Woods County Board of Commissioners authorizing the sale. The resolution reads as follows:

BE IT RESOLVED,  that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at 1:00 p.m. on August 22, 2014 , by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

BE IT FURTHER RESOLVED, that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Lake of the Woods County Board of Commissioners.

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

Publishing of Land Sale

County Auditor/Treasurer, Mark Hall informed the board that he would like to publish the notice of sale for the following weeks: July 14, 21 and 28.  The board concurred of the publishing dates.

Appointment to Canvassing Board

County Auditor/Treasurer, Mark Hall met with the board requesting approval to appoint two Commissioners to the 2014 Canvassing Board.

Motion

Motion was made by Commissioner Arnesen to appoint Commissioner Hanson and Commissioner Beckel to the Canvassing Board for the 2014 Primary and General Election. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Appointment of 2014 Election Judges and Hourly Pay

County Auditor/Treasurer Mark Hall met with the County Board to approve election judges for the primary and general elections; and request a pay increase for the election judges.

Motion

Motion was made by Commissioner   Moorman to approve the following election judges for the 2014 primary and general elections: Mary Marhula, Dorothy Chapman, Christie Russell, Sandy Peterson, Judy Johnson, Shelley Pepera, Aprille Levasseur, Rita Krause, Margie Sporlein, Dale Boretski, Steve Sindelir, Dawn Christianson, Darren Olson, Lorene Hanson, Jo Thoreson, Jean Larson, John Carroll, Stacy Novak, Jamie-Boretski-Lavalla, Jodi Ferrier, Dena Pieper and Nancy Olson. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the hourly pay for election judges as follows: head election judges at $10.25 per hour and election judges at $9.75 per hour; effective with the 2014 election. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Peddler’s License

County Auditor/Treasurer, Mark Hall met with the board informing the board there was a request for a Peddler’s License and that the county in the past has not issued a peddler’s license. Mark informed them that he contacted a couple other counties in the area, and they do not require a peddler’s license and wanted to know which direction the county would want to go. The consensus of the board was not to require a peddler’s license within Lake of the Woods County.

Amend Agenda

Motion was made by Commissioner Arnesen to amend the agenda and add Cenex Co-op to the agenda. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Cenex –Coop

Kent Hanson, Manager of the Cenex Coop to inform the board that the Canadian National Railroad had decided to discontinue the Coop’s use of the transload site in Baudette that is used for off-loading and distribution of  propane into northern MN & ND as well as southern Ontario and requested County Boards support.  The board will send letters of support to the appropriate people for their help in this matter.

land and water planning

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the Drainage Committee will meet on July 24 at 6:30 p.m.; Wetland appeal is on hold while the Administrative Judge reviews and around August 12 or 13 the hearing will be held on decision of appeal; followed up on the MN Commerce Letter in regards to appointing someone to the task force for the Great Northern Transmission line, Josh confirmed that the county will receive a review letter.

Conditional Use Permits

Land and Water Planning Director, Josh Stromlund met with the board to discuss Emergency Conditional Use Permits and the concerns on how to expedite these permits when emergency situations such as flooding occur. The board requested that he look into this further.

RIP RAP

The board discussed the Rip Rap that private citizens are purchasing to protect their property with the flooding conditions and if they would get reimbursed for their expenses. Public Works Director Tim Erickson stated to document everything that is done on public right-a-way.

ANI ACQUISITION COMPANY

County Assessor, Mary Jo Otten met with the board to present a resolution approving the settlement agreement with ANI Acquisition Company on the assessed values of parcels of land within Lake of the Woods County.

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

RESOLUTION NO. 14-07-02

ANI ACQUISITION SETTLEMENT

WHEREAS, it is the duty of County officials to collect taxes that have been duly assessed against real and personal property; and

WHEREAS, the Board has been involved in a controversy with the ANIP Acquisition Company regarding assessed values of six separate parcels for the purposes of setting property taxes in 2012, 2013 and 2014; and

WHEREAS, the some of disputed parcels were sold by foreign corporation, Solvay Pharmaceuticals, Inc., to ANIP Acquisition Company, and provided a prime opportunity to benefit ANIP as well as the Lake of the Woods community and the city of Baudette; and

WHEREAS, the unique characteristics and remote location of the parcels, without  similarly  situated  commercial  properties  previously  sold  within  their vicinity making it difficult appropriately evaluate market trends; and

WHEREAS, both ANIP and Lake of the Woods County conducted independent appraisals, and the higher of the two provided values below the previously assessed values; and

WHEREAS, the Lake of the Woods County Board has the power to settle by compromise for less than the full amount of the claim for all claims in favor of the County on which no payment has been made or recovered; and

WHEREAS, the parties have agreed to accept the highest values identified in the appraisals as the agreed upon value for property tax purposes; and

WHEREAS, after weighing the prospective evidence and understanding the expense and risks of litigation, the Lake of the Woods County Board wishes to enter into a settlement agreement to resolve this matter:

BE IT RESOLVED by the Lake of the Woods County Board as follows:

  1. The Lake of the Woods County Board hereby approves the settlement agreement which is attached to this resolution.
  2. The Lake of the Woods County Board Chair, County Attorney, and other elected officials and employees of the County, are authorized to take such actions as may be necessary to fully perform this agreement.

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

Social Services

Claims

Social Service Director, Nancy Wendler met with the board requesting approval of claims as follows:

Motion

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

                                                Commissioners’ Warrants          $   16,068.14

                                                Commissioners’ Warrants          $     8,850.75

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

PUBLIC WORKS

Final Payment

Public Works Director, Tim Erickson, met with the board requesting approval for final payment for Lian Construction.

Motion

Motion was made by Commissioner Hanson to accept the Public Works Director’s Certificate of Final Contract Acceptance for S.A.P 039-604-007 and S.A.P. 039-598-065, Box Culverts installations, for Lian Construction in the amount of $10,082.60. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Solid Waste

Public Works Director, Tim Erickson met with the board to review Solid Waste Department equipment and projects.

Motion

Motion was made by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to trade in the Scarab Compost Turner in the amount of $10,000. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to authorize Public Works Director, Tim Erickson to put up for sealed bids the following equipment: Dorsy Dry Van Semi Trailer, 1989 Ford and 1986 Ford. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Solid Waste Projects

Motion was made by Commissioner Hanson to approve the following projects for the Solid Waste Department:

  • Move water pressure tank approximate cost of $1,000
  • Placement of new 500 gallon fuel tank on site 
  • Exhaust fan needs to be rebuilt with a cost of $400 for parts; Electrical cost around $4,000 for the three projects
  • DC70 Dozer repair, cost around $13,000
  • Power unit for packer at the Angle needs replacing with associated cost of $6,000.

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

Mandatory Recycling Items

Solid Waste Update- handout on Mandatory Recycling items.

SAND BAG MACHINE

Public Works Director, Tim Erickson met with the board and informed the board that he looked into sandbag machines and it would cost $18,000 to purchase.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson to purchase a sand bag machine in the amount of $18,000 from the unallocated account. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

TOWARD ZERO DEATH PRESENTATION

Captain Hanson, District II Engineer Lou Tasa, NW TZD Coordinator, Holly Kostrzewski and Public Works Director, Tim Erickson met with the board and updated them on the progress of the Towards Zero Death Initiative.  

HUMAN RESOURCES

Commissioner Arnesen informed the board that the Personnel Committee did meet and recommends that Human Resource Directors job description to be graded at 12.

Motion

Motion was made by Commissioner Moorman to set Human Resources Director Job description at grade 12 as recommend by the Personal Committee. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

 CORRESPONDENCE:

  • Hoffman, Dale, & Swenson
  • UM Extension- Flood Brochure
  • MN DNR- update on NWA Airport Lease with State

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

Attest:                                                                                     Approved: July 22, 2014

________________________                                                _________________________________

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

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Commissioner Proceedings

July 14, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 14, 2015, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to approve the agenda with the following additions: Lost warrant, Paul Bunyan Transit Update, and Hoffman, Philipp & Knutson PLLC letter.

Approval of Consent Agenda

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the consent agenda as follows: Christine Hultman to Breezy Point on June 24-26 for AMSSA Conference.

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of June 23, 2015.

auditor/treasurer

Claims

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

Motion

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

                                           Revenue                      $  42,334.31                             

                                                Road & Bridge            $108,554.86

                                                County Devel              $    2,050.60       

Natl Resc.Enhanc        $       224.90       
Solid Waste                 $  27,816.89        

                                                EDA                             $     3,54.56

                                                Sale/Forf Lands           $        91.98      

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

                                                June 23, 2015              $  21,165.40

                                                July 1,   2015               $408,810.02

                                                July 8,   2015               $  77,626.62

WARRANTS FOR PUBLICATION

Warrants Approved On 7/14/2015 for Payment 7/17/2015

Vendor Name                                     Amount

Cenex Co-Op Services, Inc.                                                         11,709.12

Computer Professionals Unlimited Inc                                          9,519.00

Contech Engineered Solutions LLC                            40,271.30

Crop Production Services                                             18,652.21

Fort Distributors Ltd                                                       23,026.50

Howard’s Oil Company                                                   2,581.91

LOW Highway Dept                                                         5,021.25

Mar-Kit Landfill                                                               14,421.15

Mn Counties Information System                                   2,561.25

Northwest Community Action, Inc                                  3,460.00

R & Q Trucking, Inc                                                         3,710.20

Rinke-Noonan                                                                  2,264.90

University Of Mn                                                              9,395.85

Voyageurs Comtronics, Inc                                                            2,640.00

Woody’s Service                                                              6,243.96

69 Payments less than  2000                                     29,099.50                                                                        Final Total:                                                     $ 184,578.10

Deputy Auditor/Driver’s License Clerk-Election

County Auditor/Treasurer, Lorene Hanson and Human Resource Director, Karen Ose met with the board requesting authorization to hire and to approve grade and step for the Deputy Auditor/Driver’s License Clerk-Election.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Moorman and carried unanimously to approve the hiring for the Deputy Auditor/Driver’s License Clerk-Election at grade 10 step 1, $17.34 per hour, points 247.

Fiscal Officer

County Auditor/Treasurer, Lorene Hanson met with the board requesting authorization to hire and to approve to approve grade and step for the Fiscal Officer. They explained that they would like to have a range, possibility of candidates experience up to step 3.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the hiring for Fiscal Officer at grade 12, up to step 3- points 276.

Lost Warrant

County Auditor/Treasurer, Lorene Hanson met with the board requoting approval for a lost warrant for Ginger Cargile, dated December 19, 2014 for $14.84.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the lost warrant for Ginger Cargile, dated December 19, 2014 for $14.80, without furnishing of an indemnifying bond.

2014 Audit -Letter Hoffman, Philipp & Knutson PLLC

County Auditor/Treasurer, Lorene Hanson met with the board and informed the board that they received the engagement letter from Hoffman, Philipp, & Knutson, PLLC informing them that they will be auditing the financial statements of the governmental activities, major funds and the aggregate remaining fund information for the county.

HUMAN RESOURCES

Human Resource Director, Karen Ose met with the board requesting authorization to have a DocuShred Container and a mountable mail box for her department.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to authorize Human Resource Director to order a DocuShred container and a mountable mail box for the Human Resources department.

Social Services

Claims

Social Services Director, Amy Ballard and Fiscal Officer, Christine Hultman met with the board requesting approval of claims.

Motion

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

                                                Commissioners’ Warrants          $ 26,268.01

                                                Commissioners’ Warrants          $   5,672.04

                                                Commissioners’ Warrants          $ 32,285.86

Update on Hiring

Social Services Director, Amy Ballard met with the board on the hiring process for the Case Aide position and that just closed; informed the board that in the 2015 Legislative session they mandated and allocated $60,000 per year to hire Child Protection Officer.

PAUL BUNYAN TRANSIT

Social Service Director, Amy Ballard informed the board that she attended the Paul Bunyan Transit meeting which was held on June 24 and stated that the counties are disappointed with the services that they are receiving and that they will be getting together to discuss these issues; service area radius is four (4) miles around Brink Center as defined by Paul Bunyan Transit.

NORTHERN DENTALACCESS CENTER

Northern Dental Access Center Warren Larson, founding member met with the board to seek support for the Northern Dental Access Center for creating a dental home for under service resident of Northern Minnesota. He informed the board that they want to request State Bonding funding to support the construction of a new and larger dental clinic and is requesting a resolution of support.

Resolution

The following resolution was offered by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously:

Lake of the Woods County Board of Commissioners Resolution of Support

Northern Dental Access Center

RESOLUTION NO. 15-07-01

Resolution to support the expansion of Northern Dental Access Center to serve people in need, who live in and around Lake of the Woods County, with dental care

WHEREAS; lack of access to dental care is a common challenge among people experiencing poverty and other life challenges; and

WHEREAS; the lack of adequate dental care negatively affects the health of individuals and the overall health of the County; and

WHEREAS; lack of access to dental care contributes to challenges in worker productivity, childhood learning, and social success among vulnerable and at risk people; and 

WHEREAS; even though many dentists within the region work to meet the need for dental care by all residents, the growing demand among low income and at-risk people, along with reduced Medicaid payments, there remains a significant gap in dental care access in the region; and

WHEREAS; Northern Dental Access Center has successfully served more than 13,000 people in its first six years of operation, with dental care and the patient support services necessary to address barriers to care; and 

WHEREAS; growing demographic projections indicate that the number of low income people who live in and around Lake of the Woods County will number more than 70,000 in the year 2020; and

WHEREAS; the current Northern Dental Access Center facility is housed in a leased facility that has been expanded multiple times with no more capacity to grow in order to adequately meet the growing demand for care.  Parking challenges, ADA compliance issues, high energy costs, lack of adequate administrative and storage space, and lack of patient privacy—all contribute to the growing need for a new facility; and

WHEREAS; a new clinic with updated features and room for expansion will provide for greater number of patients served, higher efficiency in the use of public funds, allow for multiple community partnerships to better serve low income families with dental care and access to other resources to improve their overall health.

NOW, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners supports development of a new facility to house Northern Dental Access Center and its community partners to assure the organization’s long term sustainability and for the purposes of serving greater numbers of low income people in the region with dental care and support services to address barriers to care.

AND BE IT FURTHER RESOLVED; that the Lake of the Woods County Board of Commissioners encourages adjacent units of government to resolve similar support of Northern Dental Access Center’s.

RECESS

The meeting was called to recess at 9:50 a.m. and reconvened at 9:59 a.m. as follows:

COMMITTEE REPORTS

Commissioner Nordlof- informed the board on the North Land Use meeting

Commissioner Moorman- informed the board on the Montana Institutes training for Prevention Coalition.

OLD/NEW

Beaver- More trappers on the list

Clementson Property- now transferred to county, near future get parks committee together

NWA- Tribal meeting on July 29

RECESS

The meeting was called to recess at 10:30 a.m. and reconvened at 11:00 a.m. as follows:

MEDICAL EXAMNIER

Dr. Maryann Sens, Medical Examiner met with the board to give an update on new Legislative changes on Autopsy requirements, which give families religious objectives to autopsy the right to say no, except for traffic fatalities and drug overdoses.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board and informed the board that MPC approved the Solid Waste Plan and now he can move on with the SCORE report and other requirements.

City of Williams –School

The board discussed the Old Williams School and the water flow. Tim informed the board that he has not had time to look at this so far.

Markit Landfill

Manager Dale Nelson, from Markit Landfill met with the board to review the new contract for Solid Waste disposal and informed the board that the contract from 1995 will be expiring and the cost per ton has only increased from $45 a ton, to $50 per ton. The contract was placed on July 28, 2015 board agenda for approval.

County Road 17

Public Works Director, Tim Erickson met with the board and informed them that the County Road 17 construction project is moving along.

RECESS

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

Attest:                                                                                     Approved: July 28, 2015

_______________________                                                  _________________________________

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

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Commissioner Proceedings

July 22, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 22, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: PERA resolution, MN Counties newsletter, Jerry Strandberg letter, Emergency Communications Board and Co. Rd 1 and meeting with Bob Lessard. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Nordlof to approve the consent agenda as follows:  Travel for Dessa to Duluth for Community Mental Health Conference on September 17-19 and Ed Arnesen on July 14, meeting with Bob Lessard.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

July 8, 2014 Minutes

Motion was made by Commissioner Moorman to approve the minutes of June 8, 2014 regular meeting.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

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

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

                                           Revenue                              $      87,927.32          

                                                Road & Bridge                     $    333,140.89

                                                Co. Develp                           $            900.00   

                                                Solid Waste                          $       25,166.66

                                                EDA                                     $         4,711.52

                                              451,846.39         

WARRANTS FOR PUBLICATION

Warrants Approved On 7/22/2014 For Payment 7/25/2014

Vendor Name                                                              Amount

Andy’s Garage, Inc.                                                            2,726.60

Arrowhead Library System                                               33,118.02

Cenex Co-Op Services, Inc.                                              6,334.36

Cole/Kelly C                                                                       2,945.00

Earthworks Contracting Inc                                              5,890.00

Envirotech Services Inc                                                 105,305.43

Ferrier Logging, Inc                                                           9,832.50

Fish/Kevin                                                                         10,948.75

Hasbargen Logging Inc                                                   11,708.75

Hoffman, Dale, & Swenson, Pllc                                        8,342.00

Howard’s Oil Company                                                      2,530.70

Keeprs, Inc –                                                                        2,673.97

LOW Highway Dept                                                            5,013.75

Mar-Kit Landfill                                                                  13,286.25

Miovac/Tim                                                                          6,032.50

Mn Counties Information System                                      4,215.00

Norman Johnson Trucking, Inc.                                     6,032.50

Northwest Community Action, Inc                                    3,006.50

R & Q Trucking, Inc                                                           3,303.15

Sandbagger                                                                      17,718.73

Strata Corp, Inc                                                               153,052.00

Voyageurs Comtronics, Inc                                               3,542.24

Woody’s Service                                                                5,213.10

Zuercher Technologies, LLC                                            2,190.00

67 Payments less than 2000   26,884.59

Final Total:   451,846.39

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

July 10, 2014                   $   120,051.12

July,10  2014                   $     96,588.31

July 15, 2014                   $     97,029.96

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

PERA- Resolution

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for Part Time Deputy Sheriff, Todd Perala that meets the Police and Fire PERA membership requirements.

Motion

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

County Board PERA Resolution

Resolution   2014-07-03

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below;

BE IT RESOLVED, that the Commissioners of Lake of the Woods County hereby declares that the position titled Part Time Deputy Sheriff, currently held by Todd Perala meets all of the following Police and Fire membership requirements:                         

  1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;
  2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;
  3. Said position charges this employee with the prevention and detection of crime;
  4. Said position gives this employee the full power of arrest, and
  5. Said position is assigned to a designated police or sheriff’s department.

BE IT FURTHER RESOLVED, that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision.

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

NWA AIRPORT

Chair Beckel discussed the county’s consideration of the development of a general aviation airport at the Northwest Angle. SEH Inc. has completed two feasibility reports related to this initiative and determined the most practical location for a potential airport on land currently owned by the Minnesota Department of Natural Resources (DNR). In order to develop more detailed cost estimates associated with a potential airport at the Northwest Angle, additional information is needed related for the geotechnical properties of the soil, topographical survey information, and wetland areas and that the county board is requesting a temporary easement from the DNR to access the site and obtain additional information. Benita Crow from SEH is requesting an update on the status of the County’s position on their contract proposal with regard to soil borings and preliminary engineering, and would be happy to pull together the information the DNR needs in advance of a contract, and is requesting some type of direction from the board itself. The consensus of the board was to have SEH to move forward with the work elements for each of the three tasks- geotechnical boring, topographic survey and wetland delineations.

WILLIE WALLEYE PARK

Chair Beckel informed the board that a Commissioner needs to be appointed to the Willie Walleye Park committee.

Motion

Motion was made by Commissioner Arnesen to appoint Commissioner Beckel to the Willie Walleye committee and Commissioner Hanson as the alternate. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

WHEELERS POINT SEWER DISTRICT and AIRPORT UPDATE

Chair Beckel gave an update on  grant funding from Rural Development that has accepted the application for Wheelers Point Sewer District; the possible grant dollars of $6.8 million to put towards this project; Chair Beckel also informed the board that the Airport Commission would like to add an additional hanger, but to receive any funding according to the FAA regulations you are required to do a master plan, which would cost up to $230,000, which is paid for by the Federal Capital Improvement dollars from the FAA.

Social Services

Claims

Social Service Director, Nancy Wendler met with the board requesting approval of claims as follows:

Motion

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

                                                Commissioners’ Warrants          $   10,428.84                        Commissioners’ Warrants          $    26,710.76

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

ASSESSOR

County Assessor, Mary Jo Otten met with the board requesting Part Time help with the reassessment at the NWA which would start August thru September for approximately three (3) weeks.

Motion

Motion was made by Commissioner Hanson to authorize County Assessor, Mary Jo Otten to hire Jason Goulet as part time help with the reassessment at the NWA at an hour rate of $17.79 per hour and place him on the PERA Coordinated Plan. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

GOVERNEMNT CENTER RENOVATION PROJECT

Public Works Director, Tim Erickson and MIS Director, Peder Hovland met with the board to discuss the consideration of a small renovation project in the MIS/ GIS Computer Room area which includes removing a portion of the wall in the Auditor’s Office to open the space up to the adjacent MIS/GIS area. The computer room will be expanded into the work bench area leaving space for a corridor and the new computer room will have a new door and windows. According to Widseth Smith Nolting, they do not think it is necessary to hire an architect, mechanical or electrical engineer for this project. Their recommendation was to request quotes from two or three experienced contractors for this project.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson and MIS/GIS Director, Peder Hovland to request quotes for General Contractor for the renovation project in the MIS/GIS Computer Room area. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 9:53 a.m. and reconvened at 10:01 a.m. as follows:

SANDY SHORES RESIDENTS

Clayton & Jackie Moen and Clayton & Barbara Carlson met with the board to discuss the Sandy Shores Road and the issues and damages that occurred this spring to their properties. Public Works Director, Tim Erickson presented a map for the department’s plan for a temporary fix for the water issues, at this time it would be to ditch and direct the runoff away from the homes and go south and east to the lake for better drainage and run off with a 2% grade.  Clayton Carlson gave an overview of the history of overland flooding in the area.  Jackie Moen stated that the plan on the ditch is not going to resolve the issue of flooding. Public Works Director informed her that this is only a temporary fix at this time,  and that the aggressive plan is still work in progress; that this is a major project; the estimated cost of this project for ½  mile is $300,000 and it may be possible to have this done at the end of 2016.

PUBLIC WORKS

Advertise for Bids

Public Works Director, Tim Erickson, met with the board requesting approval to advertise for bids for construction of S.P. 039-617-008, S.P. 068-617-006, S.P. 039-070-005 and S.P. 068-617-007, Grading, Bituminous Surfacing, rumble Stripes; Aggregate Shoulder; Bituminous Shoulder & Box Culvert Installation. Bid opening for the above will be on August 25, 2014 at 2:00 p.m.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson to advertise for bids for construction of S.P. 039-617-008, S.P. 068-617-006, S.P. 039-070-005 and S.P. 068-617-007, Grading, Bituminous Surfacing, rumble Stripes; Aggregate Shoulder; Bituminous Shoulder & Box Culvert Installation. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

HWY # 72

Tom Dinndorf , Rotary member met with the board to discuss the possibility of re-routing Hwy 72 to go down main street, past the depot  and then to the border and was asking for the Commissioners support. The board requested that Tom meet with the City of Baudette council members; and have the City come to the county for their help and or ideas.

County Road 1

The board discussed the dips on County Road 1 and was wondering what the plan is to fix the dips on the road. Tim has been looking at options to fix the dips.

SHERIFF

County Sheriff, Gary Fish met with the board and informed the board that he met with Hospital President, Jason Breuer about Coroner Services and he would be willing to have a Doctor be the County’s Coroner; requested approval for a resolution for Regional Radio Communications Board and  approval for the 2013 Stonegarden grant.

Motion

Motion was made by Commissioner Moorman to approve the 2013 Stonegarden Grant, Grant Number A-OSGP-2013-:OTW-CO-00005 in the amount of $100,338.00 effective July 1, 2014 thru August 31, 2015 and authorize Chair Beckel and County Sheriff, Gary Fish to sign. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

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

Joint Powers Agreement; February 12, 2014 Amendments

Northwest Minnesota

Regional Emergency Communications Board

Resolution No. 14-07-04

WHEREAS, Lake of the Woods County is a participating member in the Northwest Minnesota Regional Radio Board formed pursuant to Minnesota Statutes 471.59 and 403.39, and

WHEREAS, this Joint Powers Agreement amendment creates the Northwest Minnesota Regional Emergency Communications Board pursuant to Minnesota Statutes 403.392, and

WHEREAS, these amendments were approved by the Board on February 12, 2014 to facilitate the incorporation of NG911 technology, public safety wireless broadband technologies, and other emerging public safety communication technologies.

NOW THEREFORE, BE IT RESOLVED the Lake of the Woods County Board of Commissioners approves the modifications to the Joint Powers Agreement recommended by the Northwest Regional Radio Board and attached hereto; and be it further

RESOLVED the Board Chair is hereby authorized to execute the Joint Powers Agreement.

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

Let’s Go Fishing

Arvid Jaranson, Bill Mouw and Tom Mio met with Lake of the Woods County Commissioners to discuss some problems that the Senior Boating program has been facing with Let’s Go Fishing of Minnesota. Arvid informed the board that in March they received an e-mail from the Let’s Go Fishing, of Minnesota’s attorney that stated the LGF will have at least part ownership and control of all assets of bank accounts, investments, pontoon, motor and trailer and from that point, Lake of the Woods Chapter determined that they would not be a member of the Let’s Go Fishing of Minnesota on May 7, and submitted resignation from the organization.  On April 11,  Let’s Go Fishing of Minnesota  froze their bank account, stating to please understand that the home office is not taking any assets, but rather freezing them a the bank so they are not used by anyone for any improper purposes. The members requested support from the Lake of the Woods County Commissioners to help get their local funds back. The board supported their request and will send a letter out to help get their account un-froze.

LAND AND WATER PLANNING

Land and Water Planning Director Josh Stromlund met with the board and informed them that there is a Wetland meeting on July 23, 2014 in St. Paul and that he was just informed about the meeting.

Zone Change

Josh presented a an application for Zone Change Request- Danny Basher, owner; AI Thompson, applicant to Amend the Zoning Ordinance, for a zone change from a Natural Environment District to a Commercial-Recreation District for the purpose of expanding the storage building business and informed the board that the Planning Commission reviewed the application and recommends for approval.

Motion was made by Commissioner Hanson to approve the following:

Lake of the Woods County Planning Commission

Findings of Fact and Decision

Name of Applicant:  Danny Basher – Owner (Al Thompson – Applicant)    Date:  July 22, 2014

Location/Legal Description:  The N 214’ of the S 874’ of the E 495’ of the SE ¼ SE ¼ of Section 26, T-162N,   R-32W (Wheeler) Parcel 19.26.44.010

Project Proposal:  Amend the Zoning Ordinance, for a zone change from a Natural Environment District to a Commercial- Recreation District for the purpose of expanding the storage building business.

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

Why or why not?  Fits into County Plan for residential and commercial use.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Within expansion corridor on TH 172 and adjacent to commercial property.

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

Why or why not? ______________________________________________________

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

Why or why not?  Consistent with current storage buildings.

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?  Not in floodplain.

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

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

Why or why not?  Consistent.

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

Why or why not?  County Road #70 and TH 172.

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

Why or why not?  Adjacent storage buildings.

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not?  Existing adjacent building were not required.           

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Access of County Road #70.

The specific conditions of approval are as follows:  __________________________________

The Lake of the Woods County Board of Commissioner’s herby affirms this request be:

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

                                                                                    _____________________________________

                                                                                                            Patricia Beckel

                                                                                                        Chair, County Board

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

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

Land and Water Planning Director, Josh Stromlund reviewed Zoning Ordinance Amendments of the following: Zoning Ordinance Amendment Definitions to address Residential District (R1) and Rural Residential District (R2), Zoning District Tables, Residential District (Rl), Rural Residential District (R2),Article X – General Provisions for Subdivisions and PUD’s, Article XI- Procedures for Approval of Subdivisions and PUD’s -Article XII – Enforcement and Penalties. Josh informed the board that the Planning Commissions recommends approval.

Amendments to Lake of the Woods County Zoning Ordinance

Motion was made by Commissioner Moorman to approve the following:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Lake of the Woods County                                          Date:  July 22, 2014

Location/Legal Description:  All unincorporated land in Lake of the Woods County including the shorelands of classified public water bodies.

Project Proposal:  Amendments to Lake of the Woods County Zoning Ordinance

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

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

  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain the tax base of the county so quality services can be provided.
  3. Maintain and, where, necessary, improve water quality.

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

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

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

  1. Individual Choice:  In the types of work and leisure to pursue, and in where to live and in the lifestyle to pursue.
  2. Local Influence:  Over policy that affects the lives of county citizens.
  3. Conservation:  Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations.
  4. Balance:  Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

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

YES (X) NO (  ) N/A (  )

Why or why not? Establishment of required setbacks, impervious surface limitations, wetland restrictions, subdivision requirements and water quality improvements will maintain the public health, safety, and welfare.

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

Why or why not? Adequate provisions are included to prevent and control water pollution, including sedimentation and nutrient loading.

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? Adequate provisions are included for altering a site’s topography, drainage features, and vegetative cover.

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

Why or why not? Adequate provisions are included to address floodplain and/or floodway issues.

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

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

Why or why not? Adequate provisions are included to prevent and control erosion.

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

Why or why not? Adequate provisions are included regarding minimum setbacks from roads.

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

Why or why not? Adequate provisions are included that address what is allowed, not allowed, or require the issuance of a conditional use permit.

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

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

Why or why not? Adequate provisions are included that address shoreland areas of the county.

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

Why or why not? Adequate provisions are included that address septic system setbacks and the Lake of the Woods Subsurface Sewage Treatment System Ordinance is incorporated by reference.

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

Why or why not? Adequate provisions are included that address visibility of structure as viewed from public waters.

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

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

Why or why not? Adequate provisions are included that address site suitability for development purposes.

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

Why or why not? Adequate provisions are included that address watercraft accesses and Lake of the Woods is approximately 300,000 acres in size.

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

Why or why not? Adequate provisions are included that address above ground and below ground storage tanks through the conditional use permit or variance process.

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

Why or why not? Adequate provisions are included that address fencing and/or other screening to provide a buffer through the conditional use permit or variance process.

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? Adequate provisions are included that address signage.

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

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

Why or why not? Adequate provisions are included that address traffic and parking concerns through the conditional use permit or variance process.

The specific conditions of approval are as follows:  __________________________________

The Lake of the Woods County Board of Commissioner’s hereby confirms this request be:

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

                                                                                    _____________________________________

                                                                                                            Patricia Beckel

                                                                                                        Chair, County Board

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

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

Permit Fees

Land and Water Planning Director requested approval for his Permit Fees.

Motion

Motion was made by Commissioner Hanson to approve the following Land and Water Permit Fee Schedule as follows:

TYPE OF PERMIT:CURRENT FEE
Land Use Permit: 
          Combined Permit (Includes house and sewage system)-    Dwellings unit at or under 2,000 square feet footprint including attached garage-    Dwellings unit over 2,000 square feet footprint including attached garage  This is for undeveloped lots only or complete redevelopment of a lot  $150.00$250.00
          Dwelling Unit with or without attached garage-    At or under 2,000 square feet footprint-    Over 2,000 square feet footprint          Commercial building $100.00$200.00$125.00
          Garage, storage sheds, or separate structure over 12’ x 20’ $75.00
          Storage sheds, or structures smaller than 12’ x 20’ (No pre-site) $50.00
          Legal addition(s) on a single structure $75.00
          Deck (over 3 feet above the natural ground) $50.00
Sewage Treatment Permit: 
          Residential sewage system per dwelling unit (new or alteration)$100.00
          Drain field Extension $50.00
          Commercial design with flow over 1,000 gallons per day$150.00
Subdivisions: 
          Platting/Subdivision Application (Non-refundable) – base fee                – plus $50.00/Lot – payable at submission of Final platCounty Surveyor’s Final Plat Check – base fee-  plus $20.00/Lot with minimum fee of $500.00Administrative Subdivision Application (Non-refundable)Minor Subdivision Application (Non-refundable) – base fee-  Plus $50.00/LotCounty Surveyor’s Review – base fee-  plus $10.00/Lot with minimum fee of $200.00$400.00 $400.00 $200.00$200.00 $150.00
Special Use Request Permits: 
          Conditional Use Application (Non-refundable) – plus $46.00 Recording Fee$200.00
          Variance Application (Non-refundable)- plus $46.00 Recording Fee$200.00
          Zoning Amendment Application (Non-refundable)- plus $46.00 Recording Fee$200.00
          Wetland Appeal Application Fee$500.00

AFTER-THE-FACT LAND USE PERMIT – Five (5) times the permit fee or $10.00/square foot of the structure footprint, whichever is greater.

AFTER-THE-FACT VARIANCE OR CONDITIONAL USE REQUEST – Five times normal fee.

Issuing of permits initiates a review of your septic system. Nonconforming systems are required to be upgraded.

IMPORTANT NOTICE: IT IS THE PROPERTY OWNERS RESPONSIBILITY TO OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WORK BEING DONE.

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

The meeting was called to recess at 12:50 p.m. and reconvened at 1:00 p.m. as follows:

HOFFMAN, DALE AND SWENSON, PLLC

Colleen Hoffman, Manager of Hoffman, Dale & Swenson, PPLC met with the board and reviewed the 2013 Year End Audit.  Colleen commented that the Public Works Department worked on the close-out and release of state funding for the 2002 flood disaster project in the amount of $609,876.00.   The Road and Bridge Special Fund balance increased and is primarily the result of the close-out.  Chair Beckel thanked all the were involved in the preparation of preparing the year end audit.

CORRESPONDENCE:

  • Mr. Strandberg Letter- Chair Beckel will contact him
  • MN Counties News Letter

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

Attest:                                                                                     Approved: August 5, 2014

________________________                                                _________________________________

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

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Commissioner Proceedings

July 31, 2014

Emergency Meeting

The Lake of the Woods County Board of Commissioners met in emergency session on Thursday, July 31, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

Chair Beckel called the meeting to order at 8:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners, Buck Nordlof, Ken Moorman, Ed Arnesen, Patty Beckel and Tom Hanson.  Also present were: County Auditor/Treasurer, Mark Hall, and Deputy Auditor, Janet Rudd.

Approval of Agenda

Motion

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

EMERGENCY WATERSHED PROTECTION PLAN

Natural Resources Conservation Service Engineer (NRCS), Dave Jones,  NRCS District Conservationist, Kelly Voigt, Emergency Management Director, Christina Husbands, Land and Water Planning Director, Josh Stromlund met with the board to discuss Emergency Watershed Protection Plan

Kelly and Dave informed the board that the purpose of the Emergency Watershed Protection Program (EWP) was established by Congress to respond to emergencies created by natural disasters.   The EWP Program is designed to help people and conserve natural resources by relieving imminent hazards to life and property caused by floods, fires, drought, windstorms, and other natural occurrences. Public and private landowners are eligible for assistance, but must be represented by a project sponsor that must be a legal subdivision of the State, such as a city, county, township or conservation district, and Native American Tribes or Tribal governments. NRCS may pay up to 75 percent of the construction cost of emergency measures. The remaining 25 percent must come from local sources and can be in the form of cash or in-kind services

Dave Jones explained that once the application is approved and the money received then the work can start and only have twenty (20) days to complete all projects.

Kelly informed the board that they have already received sixty-three-(63) individual damage reports due to the flooding.

Emergency Management Director, Christina Husbands requested that the County Board of Commissioners send a letter to the USDA requesting assistance under the Emergency Watershed Protection Program and pass a resolution declaring Lake of the Woods in a State of Emergency

Motion

Motion was made by Commissioner Hanson to authorize Chair Beckel to sign the letter to USDA requesting assistance under the Watershed Protection Program. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

RESOLUTION

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

LAKE OF THE WOODS COUNTY DECLARING

A STATE OF EMERGENCY

                                                            Resolution No. 14-06-02

WHEREAS; the flood impacted the population of Lake of the Woods County and its cities; and

WHEREAS; the flood event has caused a significant amount of public property damage; and

WHEREAS; the Lake of the Woods County Department of Emergency Management requests the Lake of the Wood County Board of Commissioners to declare Lake of the Woods County in a STATE OF EMERGENCY for the flood event of 2014;

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners declares Lake of the Woods County in a State of Emergency for conditions leading up to and resulting in the flooding that has occurred and continues to impact the county, this resolution will expire thirty (30) days from the adoption of this resolution

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

With no further business before the board, Chair Beckel called the meeting to recess at 9:47 a.m.

Attest:                                                                                     Approved: August 26, 2014

________________________                                                _________________________________

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

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