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COUNTY BOARD

June, 2010

Commissioner Proceedings

Special County Board Meeting

June 1, 2010

The Lake of the Woods County Board of Commissioners met in special session on Tuesday, June 1, 2010, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Arnesen called the meeting to order at 2:00 p.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners Arnesen, Todd Beckel, Patty Beckel, Hanson and Moorman.  Also present were: County Auditor John W Hoscheid and Wade Johannesen.

Approval of Agenda

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

Public Works Director Vacancy

Appointment of Public Works Director

Assistant Engineer Bill Sindelir met with the County Board to discuss the Public Works Director vacancy.  Also attending was Jeff Pelland and Marti Carlson.

The County Board discussed appointing Bill Sindelir as Acting Public Works Director, in the interim of the Public Works Director vacant position.  Chair Arnesen made a monetary offer to Bill Sindelir appointing him as an Acting Public Works Director.  Bill thanked him for the offer and said he would have to decline the compensation that was offered.  He stated that he has worked for Lake of the Woods County for 38 years and has accepted this interim position before; he does not want to cost the county any more than he feels is necessary.   Bill said that he would gladly accept the job until the County Board has made a decision as to how they are going to proceed; and that he would not want a pay increase of more than $900 per month.

Motion was made by Commissioner Todd Beckel to appoint William “Bill” Sindelir as Acting Public Works Director, with a pay increase of $900 per month, beginning June 1, 2010, until further notice.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Acting Public Works Director, Bill Sindelir stated that he would contact and inform State Aid District Engineer, Lou Tasa with the County Boards appointment of Acting Public Works Director.

Recess

Chair Arnesen recessed the meeting at 2:30 p.m. and reconvened at 2:32 p.m. as follows:

Public Works Director Vacancy Cont

The County Board discussed the option of sharing a County Engineer with another County.  It was the consensus of the County Board to have Commissioner Todd Beckel contact Beltrami County to see if they would be interested in an agreement with Lake of the Woods County to share their County Engineer.   Commissioner Todd Beckel would update the County Board on Tuesday, June 8, 2010.

Other

The County Board discussed items to be placed on the next County Board agenda which included the following:

  • Set Budget Meeting Dates;
  • Update on Road Inventory;
  • Committee Selection for the Committees Bruce Hasbargen was appointed to;
  • Discussion of County Engineer/Public Works Director;
  • Update on Beltrami County’s Response to Sharing a County Engineer

Recess

There being no further business before the County Board, Chair Arnesen called the meeting to recess at 3:10 p.m.

Attest:                                                             Approved:  June 8, 2010

______________________________            ___________________________________

John W Hoscheid                                          Edward Arnesen

County Auditor                                             County Board Chair

Commissioner Proceedings

June 8, 2010

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 8, 2010, in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Todd Beckel, Hanson, Moorman and Arnesen.   Also present were: County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions:

MN Department of Public Safety Agreement; Lorene Hanson to St. Cloud for MCIT training; Crisis Resource thank-you letter and Property Inventory. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Hanson to approve the consent agenda as follows: Julie Berggren and Ruth Rizzito Brainerd on June 9, 2010 for LexIpool training; Holly House to Bemidji on June 23-24, 2010 for HSEM meeting; Rita Krause to St. Paul on June 23-24, 2010 for State Child Support Meeting; Lorene Hanson to St. Cloud on June 10, 2010 for MCIT training.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Todd Beckel to approve the minutes of May 25, 2010 regular meeting, May 27, 2010 special meeting and June 1, 2010 special meeting; with changes. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

SOCIAL SERVICES DIRECTOR

Claims

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

Motion

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

                                                Commissioners’ Warrants           $11,237.58

                                                Commissioners’ Warrants            $  9,029.31

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

Contracts

Motion was made by Commissioner Moorman to approve the contract between MeritCare Thief River Falls/Northwest Medical Center (NWMC) and Lake of the Woods County Social Services for 2010 for the provision of onsite mental health physician’s assistant services and to authorize Chairman Ed Arnesen and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. 

Motion was made by Commissioner Todd Beckel to approve the contract between LifeCare Behavioral Health Services and Lake of the Woods County Social Services for 2010 for the provision of clinical supervision/consultation for agency staff and to authorize Chairman Ed Arnesen and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. 

COUNTY AUDITOR

Claims

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

Motion

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

                                                Revenue                               $        23,375.14    

                                                Road & Bridge                     $        20,899.37

                                                Co. Development                 $          6,606.44

                                                Solid Waste                          $        28,230.55

                                                                                             $         79,111.50           

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  6/08/2010 FOR PAYMENT  6/11/2010

       AMOUNT   VENDOR NAME                                                                    AMOUNT   VENDOR NAME

          507.93 AUTO VALUE BAUDETTE                                                         331.80 BEN FRANKLIN

        2530.00 BURG ELECTRONIC RECOVERY                                           342.99 CANON FINANCIAL SERVICES INC

        1675.00 ELECTION SYSTEMS & SOFTWARE, I                                 3139.53 ESRI

          702.13 FARMERS UNION OIL CO.                                                       302.80 HOMETOWN HARDWARE

          661.19 HOWARD’S OIL COMPANY                                                    2840.00 BRIAN JOHNSON

        2638.96 JOHNSTON FARGO CULVERT INC                                      1830.01 LAKE ROAD DIESEL INC

          918.75 LAKEWOOD HEALTH CENTER                                               480.00 LAW ENFORCEMENT TRAINING SERVI

        1519.82 LOCATORS SUPPLIES INC                                                      432.47 LOW FOODS

        3906.25 LOW HIGHWAY DEPT                                                              484.00 LOW TRANSFER INC

        9201.60 MAR-KIT LANDFILL                                                                   903.00 MN COUNTIES INSURANCE TRUST

          375.00 MN OFFICE OF ENTERPRISE TECHNO                               5427.00 LAW MOREN

          473.44 NOBLE THRIFTY WHITE                                                        5925.44 NORTH AMERICAN SALT CO

        2036.58 NORTH EAST TECHNICAL SERVICE,I                                    730.02 NORTHERN FARMERS CO-OP

          667.06 THE NORTHERN LIGHT                                                           331.26 OFFICE DEPOT

          490.06 POWERPLAN                                                                             817.60 PRO MAC MANUFACTURING LTD

          410.46 QUILL CORPORATION                                                           2601.28 R & Q TRUCKING, INC

        4000.00 RESERVE ACCOUNT                                                                842.30 RTVISION INC

          912.05 GEORGE SWENTIK                                                                  409.47 T R JOBBING

        4607.10 T-C LIGHTING                                                                           600.00 TAKE A KID FISHING

          328.44 TONY DORN, INC.                                                                    497.05 TRUE VALUE

        6639.77 WIDSETH SMITH NOLTING&ASST INC                                  318.65 ZIEGLER, INC

38 PAYMENTS LESS THAN  $300       4,323.24

FINAL TOTAL:     $79,111.50

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

                                                  May 24, 2010      $   728,880.07

                                                  May 25, 2010      $   120,213.49           

                                                  May  26, 2010     $     15,319.12

                                                  June 3,    2010     $1,096,714.41

                                                June 7,      2010       $       975.50            

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

Chairman Arnesen excused himself from the meeting and Vice-Chair Moorman resumed the meeting as follows:

Liquor License

County Auditor, John W. Hoscheid met with the board requesting approval for the renewal of Intoxication Liquor, 3.2 Malt Liquor and Cigarette license.

Motion

Motion was made by Commissioner Patty Beckel to approve the following licenses:  Intoxicating Liquor, 3.2 Malt Liquor and Cigarette; from July 1, 2010, to June 30, 2011, contingent upon the approval of the County Sheriff, County Attorney and all property taxes and lodging taxes are paid to date.

  • On/Off Sale and Sunday Liquor License:

Adrian’s Resort, Angle Inn Resort, Ballard’s Resort, Borderview Lodge, Jerry’s Restaurant and Lounge, Morris Point Lakeview Lodge, Riverbend Resort, Rock Harbor Lodge, Sportsman’s Lodge, Wigwam Resort, Zippel Bay Resort, North Point Bar & Grill, Sportsman’s Oak Island Lodge and  Randall’s Resort;

  • On-Sale and Sunday Liquor License:

Cyrus Resort, Ken-Mar-Ke Resort, Flag Island Resort, Wheelers Point Resort, Schuster’s Resort and Elkhorn Outfitters Inc;

  • Off-Sale Only:

Log Cabin Liquors Inc;

  • Cigarette License:

Adrian’s Resort, Ballard’s Resort, Bay Store, Borderview Lodge, Cenex, City of Williams, Cyrus Resort, Border Bait, Holiday Station, Howard’s, Jeanette Mcatee, Lake of the Woods Foods, Log Cabin Bait, Log Cabin Liquors, Long Point Resort, Morris Point Lakeview Lodge, North Point Bar & Grill, Riverbend Resort, Rock Harbor Lodge, Sportsman’s Lodge, Sportsman’s of Oak Island Lodge, Too Tall’s, Wheeler’s Point and Zippel Bay Resort;

  • 3.2 On-Sale Malt Liquor:

Long Point Resort, Ship’s Wheel Resort and Oak Island Resort;

  • 3.2 Off-Sale Malt Liquor:

Bay Store, Cyrus Resort, Border Bait, Long Point Resort, Oak Island Resort, Rock Harbor Lodge, Log Cabin Bait and Flag Island Resort.

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

Chairman Arnesen resumed position of the Chair.

Clarence Nash

Mr. and Mrs. Clarence Nash met with the board requesting that the street names be designated as Chandler Road between block 3 and block 2 in Marina Drive Estates and not Katie Road; and the road between block 1 and block 2 to be designated as Katie Road in Marina Drive Estates and not Chandler Road. Mr. Nash informed the board that he spoke to the only other property owner on Chandler Road and he had no objection to Mr. Nash’s request.

Motion

Motion was made by Commissioner Patty Beckel to change Katie Road to Chandler Road in Marina Drive Estates, between block 3 & 2 and change Chandler Road to Katie Road between block 1&2 in Marina Drive Estates and request that MIS department go through the procedures to change the names and contact Mr. Nash and other property owners involved with the name change.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

Minnesota Small Business Development Center

County Auditor, John W. Hoscheid met with the board to discuss a request for funding from the Minnesota Small Business Development Center.

Motion

Motion was made by Commissioner Patty Beckel to contribute to the Minnesota Small Business Development Center $500.00 per year, for the years of 2011, 2012 and 2013, with the funding from the Con-con fund.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Line Workers School Lease Agreement

The board discussed the lease agreement for the Line Workers School, changes are still being made.  Mike Reed, Economic Development Assistant introduced Monte Johnson, Dean of Academics & Student Services from Wadena Technical School to the board. Also meeting with the board was North Star Manager, Dan Haskins and Karl Frigaard from Northwest Community Action and informed the board that the REDLAG applications are completed and that the school building plans are not finished as of today and that the bid date may need to be changed.

Appointment of 2010 Election Judges and hourly pay

County Auditor John W Hoscheid 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 Hanson to approve the following election judges for the 2010 primary and general elections:  Mary Marhula, Dorothy Chapman, Louise Menk, Gretchen Levasseur, Christie Russell, Sunny Dorow, Sandy Peterson, Judy Johnson, Sharon Feldman, Marge Hancock, Shelley Pepera, Aprille Levasseur, Rita Krause, Jodi Ferrier, Margie Sporlein, Lois Dally, Jacquelin Becklund, Stacy Novak, Dale Boretski, Steve Sindelir, Dawn Christianson, Darren Olson, Lorene Hanson and Nancy Olson.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Todd Beckel to approve the hourly pay for election judges as follows:  head election judges at $9.75 per hour and election judges at $9.25 per hour; effective with the 2010 election.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

2011 Budget Dates

The board discussed budget dates for 2011.

Motion was made by Commissioner Moorman to set the following dates  for the 2011 budget:

     Date                            Location                                            Time

July 13, 2010               Commissioners’ Room                        7:00 a.m.

July 13, 2010               Commissioners’ Room                        2:00 p.m.

July 23, 2010               Jury Room                                           8:00 a.m.

July 27, 2010               Commissioners’ Room                        7:00 a.m.

July 30, 2010               Commissioners’ Room                        8:00 a.m.

August 3, 2010           Commissioners’ Room                        8:00 a.m.

August 9, 2010           Commissioners’ Room                        7:00 a.m.

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

Committee Vacancies

The board discussed the vacancies on various committees on which Bruce Hasbargen was appointed to for the year 2010.

Motion

Motion was made by Commissioner Todd Beckel to appoint the following to the vacant committees as follows: AMC Transportation and Area Transportation Advisory Board- Bill Sindelir; Building and Safety Committee- Bill Sindelir; Personnel Committee- Bill Sindelir; Hwy 11 Task Force/Transportaiton Alliance- Bill Sindelir; Information Systems/Technology Committee- Boyd Johnson; LOW Affordable Housing/Loan Committee- Sue Ney; Motor Pool Committee- Jeff Pelland; Park Commission- Bill Sindelir; Solid Waste Committee/Household Waste- Bill Sindelir; Township Road and Trails- Bill Sindelir and Boyd Johnson.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Sharing County Auditor- Interim

County Auditor, John W. Hoscheid informed the board that Roseau County requested that John serve as Interim County Auditor due to the retirement of Roseau County Auditor, Ann Granitz.

Motion

Motion was made by Commissioner Todd Beckel to authorize County Auditor, John W. Hoscheid to serve as Interim County Auditor, for Roseau County until December 31, 2010 and authorize Chairman Arnesen to sign the Memorandum of Understanding with Roseau County, contingent up the review of Interim County Attorney, Michelle Moren.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

PUBLIC WORKS DEPARTMENT

Purchase of Pressure Washer

Assistant Engineer, Bill Sindelir met with the board requesting authorization to purchase a pressure washer.

Motion

Motion was made by Commissioner Hanson to authorize the Public Works Department to purchase a new pressure washer in the amount of $10,134.65 from the Highway Equipment Reserve Fund.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Road Inventory Update

Engineering Technician/Administrative Assistant, Boyd Johnson met with the board and updated them on the Road Inventory and stated that he would present a power point at the June 22, 2010 meeting.

County Engineers Position Vacancy

There was no update from Beltrami County for Interim Lake of the Woods Public Works Director.

PUBLIC HEARING

Judicial Ditch 16 Abandonment

Motion was made by Commissioner Todd Beckel to close the regular meeting at 11:09 a.m. and open the Public Hearing for Judicial Ditch 16.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Chairman Arnesen acknowledged a petition for partial abandonment of Judicial Ditch #16, pursuant to MN Statutes § 103E.805 from the Minnesota Department of Natural Resource; there were no comments from the floor and no letters received.

Resolution

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

Partial Abandonment of Judicial Ditch #16

Resolution No. 10-06-02

WHEREAS, Lake of the Woods County abandons a portion of Judicial Ditch #16, in Section 36, Twp 162 N, R 33 W (Zipple Twp) and the northern boundary of Section 1, Twp 161 N, R 33 W (McDougald Twp).

WHEREAS, the  portion to be partially abandoned is described as the SW corner of the SE¼, Section 36 (Zipple Twp) and continuing East for a distance of ½ mile to the SE corner of the SE¼ of Section 36 (Zipple Twp).

WHEREAS, the position of the ditch to be abandoned lies within the boundaries of the Graceton Wildlife Management Area.

NOW THEREFORE, BE IT RESOLVED; that Lake of the Woods County Commissioners, on June 8, 2010 abandons the ½ mile of Judicial Ditch #16 as described above.

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

Motion was made by Commissioner Todd Beckel to close the public hearing at 11:13 a.m. and open the regular meeting.  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 11:14 a.m. and reconvened at 11:20 a.m. as follows:

COUNTY AUDITOR

MN Public Safety Contract

County Auditor, John W. Hoscheid met with the board requesting approval for the lease agreement with the State of Minnesota, Department of Public Safety for a motorcycle skill test course.

Resolution

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

Resolution No. 10-06-01

State of Minnesota Lease Agreement with the Department of Public Safety

BE IT RESOLVED, that Lake of the Woods County will enter into a lease agreement with the State of Minnesota, Department of Administration acting for the benefit of the Department of Public Safety for an area approximately 30’X75’ in the south parking lot of the County Government Center for the use only as a motorcycle skill test course beginning July 1, 2010 and terminating June 30, 2013.

BE IT FURTHER RESOLVED, that County Auditor , John W. Hoscheid and County Chairman are hereby authorized to sign such lease upon the approval of the County Attorney.

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

ECONOMIC DEVELOPMENT

The board discussed their intention to adopt a resolution to create a committee to recommend options for a County Economic Development Authority.

Resolution

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

                                                Resolution No. 10-06-03

Creation of a Committee to Recommend Options for an EDSP

WHEREAS, Lake of the Woods County Board of Commissioners have considered creating a County Economic Development Authority for Lake of the Woods County;

WHEREAS, Lake of the Woods County Board of Commissioners have given notice to all local government units and development agencies within the county pursuant MN Stat. § 469.1082, subd.2;

NOW THEREFORE, BE IT RESOLVED THAT, Lake ofthe Woods County Board of Commissioners have agreed to create a committee to recommend options for an Economic Development Service Provider pursuant MN. Stat.  §469.1082, subd.2.

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

Potential Committee Members

The board discussed the potential committee members for recommending options for an Economic Development Service Provider.  Commissioners Patty Beckel and Moorman will set a date and give to County Auditor, John W. Hoscheid.

Motion

Motion was made by Commissioner Patty Beckel to authorize County Auditor, John W. Hoscheid to send a letter of the committee meeting date to the following potential committee members; 2 County Board Commissioners, 2 City of Baudette Council Members, 2 City of Williams Council Members, 2 Lake of the Woods School Board Members, 1 Baudette/Lake of the Woods Chamber Member, 1 Northwest Angle Chamber Member, 1 Lake of the Woods County Tourism Member, 1 Lake of the Woods Industrial Development Commission Member,1 Bank Member,1 Housing Rehabilitation Authority Member,1 Hospital – Lakewood Health Member.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

OLD/New Business

There was no new update on:

  • ANI
  • Red Lake Tribe
  • Oak Island Petition

There were updates on:

  • Land Acquisition; the DNR would consider selling 1.5 acres known as Jim’s corner
  • Team Building; Department Heads would like a 2 hour session on “Meeting Customer Needs”
  • Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund- hand out on expenditures
  • Grand Theater; Chairman Arnesen will talk to County Assessor
  • Property Inventory; Commissioners will talk to the Departments that have not handed in their office inventory
  • County TV; still trying to coordinate meeting date

RECESS

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

PLANNING COMMISSION

Motion was made by Commissioner Todd Beckel to close the regular meeting at 1:01 p.m. and open the Planning Commission. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

PUBLIC HEARING NOTICE

LAKE OF THE WOODS COUNTY PLANNING COMMISSION

There will be a Lake of the Woods County Planning Commission hearing Tuesday, June 8, 2010, at 1:00 p.m. in the Commissioners Room of the County Government Center in Baudette, Minnesota .  The Board will consider the following requests:

James Herzog                          Lot 8, Block 3, Winter-Sett                            A Conditional Use Permit as

Winter-Sett Resort                  Estates – Section 9, T-162N,                           required by the Lake of the

                                                R-33W (Zippel Township)                              Woods County Zoning

                                                Parcel # 18.51.03.080                                     Ordinance, to allow a commercial

                                                                                                                        business consisting of a single unit resort with lodging in a Residential Development District.

John Josephson                       Lot 3, Block 1, Y Not Jochim’s                      A Conditional Use Permit as

Happiness On Water               Retreat – Section 20, T-161N,                         required by the Lake of the

                                                R-31W (Baudette Township)                         Woods County Zoning

                                                Parcel # 24.61.01.030                                     Ordinance, to allow a commercial

                                                                                                                        business consisting of a guided fishing service with lodging in a Residential Development District.

Ken & Verna Pieper                A 8.35 acre tract in the SW¼ of the A Conditional Use Permit as

                                                NW¼ and a 4.00 acre tract in the     required by the Lake of the

                                                NW¼ of the SW¼ of Section 17,                  Woods County Zoning

                                                T-161N, R-33W (McDougald)                       Ordinance, to allow a commercial

                                                Parcel # 22.17.23.010                                     business consisting of a green house, garden center, mercantile and services in a Natural Environment District.

James Herzog- Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented James Herzog’s application requesting a Conditional Use Permit to allow a commercial business consisting of a single unit resort with lodging in a Residential Development District. A letter was received in opposition from the Strandberg’s and one comment from Maria Hall was heard with no opposition of a resort. This application was tabled until July 13, 2010 Planning Commission for more information.

John Josephson- Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented John Josephson Conditional Use Permit to allow a commercial business consisting of a guided fishing service with lodging in a Residential Development District. No opposition from William Ronacek, Tony Jochim or Wade Johannesen. No letters were received.

Ken & Verna Pieper-Conditional Use Permit

Land and Water Planning Director, Josh Stromlund presented Ken & Verna Pieper’s application requesting a Conditional Use Permit to allow a commercial business consisting of a green house, garden center, mercantile and services in a Natural Environment District. No letters were received and no comments from the floor were heard.

Motion was made by Commissioner Todd Beckel to close the Planning Commission at 2:40 p.m. and open the regular meeting.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Committee Reports

Commissioner Todd Beckel reported on:

  • AMC District Meeting
  • Northern Counties
  • MRCC

Commissioner Patty Beckel reported on

  • Wheelers Point Sewer

Correspondence:

AMC; Arrowhead Library System; Examples of Economic Development Authorities; Crisis Resource thank-you letter

With no further business before the board, Chairman Arnesen called the meeting to recess at 3:16 p.m.

Attest:                                                                                                 Approved: June 8, 2010

____________________________                                                    ____________________________

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

Commissioner Proceedings

June 15, 2010

The Lake of the Woods County Board met in regular session on Tuesday, June 15, 2010, in the Angle Inlet School, Angle Inlet.

Call to Order

Chair Arnesen called the meeting to order at 10:00 a.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Present on behalf of the County were: County Auditor John W Hoscheid, Land and Water Planning Director Josh Stromlund and County Assessor Wayne Bendickson.  Also present were:  Senator Saxhaug, Penny Mio Hirst and many area residents.

Approval of Agenda

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with the following change:   “Removal of the motion to re-set the bid opening date for the Line Workers School”. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.  

Consent Agenda

There was no consent agenda for the meeting today. 

Senator Saxhaug

Senator Saxhaug met with the Lake of the Woods County Board.  He gave a “2010 Lake of the Woods County Wrap Up” with highlights including:  PILT, Bonding for Williams Sewer, MN Historical and Cultural Grants and Enhanced Drivers License.

Deb Kellerman

Summary of Oak Island Land Owners Survey

Deb Kellerman met with the Lake of the Woods County Board and presented the history and a “Summary of Oak Island Landowners Association Survey”.  She stated that when the Oak Island Landowners Association was formed, the concerns at that time were presented in a petition to the Lake of the Woods County Board on August 18, 2009, with no action taken.  In November, 2009, the Lake of the Woods County Board asked the Oak Island Landowners Association to re-survey landowners (and include all islands, not just Oak Island).  A public hearing for June 15, 2010, was scheduled to discuss the components of the petition and to hear the results of the landowner survey. 

Deb updated the County Board and said that there were 214 surveys mailed out and summarized the results for all in attendance.  (A copy of the survey is on file in the Lake of the Woods County Auditor’s Office.)

Planning Commission – Public Hearing – Oak Island Petition

Motion to Open Public Hearing

Motion was made by Commissioner Todd Beckel to close the regular meeting at 11:10 a.m. and open the Planning Commission. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Chair Arnesen opened the Planning Commission for the Oak Island Petition:

  1. To establish District Zoning provisions for the NW Angle Island which will facilitate the development of land use plans and zoning regulations appropriate specifically for this area (Ref: MN Statutes §394.25 subdivision 2);
  2. Contract the Headwater Regional Development Commission to develop a Comprehensive Land Use Plan specifically for the NW Angle Islands, including suggested zoning for implementing this Plan;
  3. That in the time between now and the completion of points 1 and 2 above, that there be a moratorium placed on Planned Unit Developments or Common Interest Developments and residential or commercial trailer development.

The Lake of the Woods County Board received comments and testimonies from Oak Island landowners and many area residents. County Auditor John W Hoscheid read correspondence from the following:  Scott Vickaryous, Bonnie Neumiller, David Vickaryous, Marvin and Debbie Butler, Brenda and Paul Brandt, Robert Heise and Greg Krzoska. 

Motion to Close Public Hearing

Motion was made by Commissioner Todd Beckel to close the public hearing at 1:25 p.m. and open the regular meeting.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Request For Motion

Chair Arnesen requested a motion to accept the Oak Island Petition as presented.  With the lack of a motion made, there was no action taken.  Deb Kellerman addressed the County Board and asked them to consider the 98 petitioners in favor of this petition.  The County Board discussed the additional comments received.

Line Workers School

The motion to re-set the bid opening date was removed from the agenda today and was rescheduled for action on the June 22, 2010 regular board meeting. Commissioner Todd Beckel gave an update on the status of the Line Workers School. 

Bernard Wetland Bank

Land and Water Planning Director, Josh Stromlund met with the County Board and gave an update on the Bernard Wetland Banking Project.

Motion was made by Commissioner Todd Beckel to authorize County Board Chair Arnesen and County Assessor Wayne Bendickson to sign “Part B” of the Bernard Wetland Banking Application.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Old/New Business

The County Board discussed the following old and new business: 

  • ANI
  • County TV
  • Grand Theater
  • Land Acquisition
  • Lessard – Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Line Workers School
  • Oak Island Petition
  • Red Lake Tribe
  • Team Building
  • Township Road Inventory

The County Board would like the following items to be placed on the next County Board Meeting Agenda:

  • County Sheriff —  NW Angle Reverse 911 Update
  • Public Works Dept — Northwest Angle Barge Run 

Committee Reports

There were no committee reports or further correspondence received.

Recess

With no further business before the County Board, Chair Arnesen called the meeting to recess at 2:47 p.m.

Attest:                                                                                     Approved: June 22, 2010       

____________________________                                        ____________________________

John W Hoscheid, County Auditor                                        Ed Arnesen, County Board Chair

Lake of the Woods County

Board of Equalization

June 15, 2010

The Lake of the Woods County Board of Equalization met on Tuesday, June 15, 2010, in the Commissioner’s Room of the Lake of the Woods County Government Center. 

Call to Order

Chair Arnesen called the meeting to order at 6:00 p.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners: Ed Arnesen, Patty Beckel, Todd Beckel, Tom Hanson, Ken Moorman and County Auditor John W Hoscheid.  Also present were: County Assessor Wayne Bendickson, Assistant Assessor Dale Boretski, Gloriann Olson and Jim Clementson.  Deputy Auditor Stacy Novak swore in the members of the Lake of the Woods County Board of Equalization. 

Property Owners

County Board Chair Arnesen explained that all appeals would be heard before any action would be taken.

Meeting with the County Board was Michael J Culliton, property owner in Gudrid Township.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area. 

Meeting with the County Board was George M Swentik, property owner in Baudette, Spooner and Victory Townships.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area.

Meeting with the County Board was Merlin L Johnson, property owner in McDougald Township.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area and explained that on his property the limited market value was removed from the prior year, thereby increasing the value this year.

Meeting with the County Board was James H Burns, property owner in Wheeler (Platted) Township.  County Assessor Wayne Bendickson reviewed the values of similar properties in this area.

Commissioner Todd Beckel presented a voicemail received from Michael Clark, property owner in Baudette Township.  The information left on the voicemail was incomplete for any action to be taken.

Actions

After hearing all the appeals, questions and comments, the following action was taken:

Michael J Culliton, property owner in Gudrid Township, Parcel No. 31.12.14.010; it was the consensus to have the County Assessor Wayne Bendickson meet with Mr. Culliton and reassess his property.

George M Swentik, property owner in Baudette Township, Parcel No. 24.28.31.000; motion was made by Commissioner Arnesen to reduce the land value from $650 per acre to $550 per acre. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, carried as follows:  For:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman; Against:  None;  Abstaining:  County Auditor John W Hoscheid.

James H Burns, property owner in Wheeler (Platted) Township, Parcel No. 19.53.00.040; motion was made by Commissioner Patty Beckel to have the County Assessor reduce the value of the trailer to scrap value of $500 and reduce the land value due to conformity issues.  The total building and land reduction to be reduced by $19,900.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Motion was made by Todd Beckel to make no changes on the following properties:

Property Owners:                 Townships                                           Parcel Numbers

Merlin L Johnson                    McDougald Township,                        22.14.31.000

George M Swentik                  Spooner Township,                              30.11.22.000                                               

George            M Swentik                 Victory Township                                42.01.11.000  

Michael Clark                           Baudette Township                             24.20.13.000

The motion was seconded by Commissioner Moorman and the same being put to a vote, carried as follows:  For:  Commissioners Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman;  Against:  None;  Abstaining:  County Auditor John W Hoscheid.   

County Assessor

County Assessor Wayne Bendickson issued and reviewed the following reports:

  • 2010 Comparisons / New Construction — by Townships
  • New Construction and Market Value by Year — 1980 through 2010  

Adjourn

Motion was made by Commissioner Hanson to adjourn the County Board of Equalization meeting for 2010.  The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.  County Board Chair Arnesen adjourned the Lake of the Woods County Board of Equalization meeting for 2010, at 7:58 p.m.

Attest:                                                                         Approved: June 22, 2010

___________________________                              ________________________________

John W Hoscheid, County Auditor                            Edward Arnesen, County Board Chair

Commissioner Proceedings

June 22, 2010

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 22, 2010, in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Todd Beckel, Hanson, Moorman and Arnesen.   Also present were: County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst and John Oren.

Approval of Agenda

Motion

Motion was made by Commissioner Todd Beckel to approve the agenda with the following additions:

New Construction/Market Value; Inventory; Airport; Walking Workshop; and Hwy 11 Task Force. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Patty Beckel to approve the consent agenda as follows: Steve Sindelir to Worthington on July 25-July 28, 2010 for County Ag Inspector Conference.   The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Moorman to approve the minutes of June 8, 2010 regular meeting, June 15, 2010 Board of Equalization meeting and June 15, 2010 Northwest Angle meeting. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

SOCIAL SERVICES DIRECTOR

Claims

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

Motion

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

                                                Commissioners’ Warrants           $35,997.36

                                                Commissioners’ Warrants          $   4,316.57

                                                Commissioners’ Warrants           $     610.54

                                                Commissioners’ Warrants           $  1,197.13 

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

COUNTY AUDITOR

Claims

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

Motion

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

                                                Revenue                               $        49,789.42    

                                                Road & Bridge                     $        33,286.70

                                                Solid Waste                          $          2,514.59

                                                                                             $         85,590.71           

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON  6/22/2010 FOR PAYMENT  6/25/2010

       AMOUNT   VENDOR NAME                                                                 AMOUNT   VENDOR NAME

          822.50 MICHAEL ANDERSON                                                            1101.28 ANDY’S GARAGE, INC.

        1600.00 ANOKA COUNTY                                                                     2810.00 ED ARNESEN

        1580.68 ARROWWOOD RESORT                                                     10000.00 BAUDETTE LOW AIRPORT

          512.45 BAUDETTE REGION                                                               2991.35 BAUERS COMMUNICATIONS & SECURI

          525.86 DALLAS BLOCK                                                                       1354.12 TERRY BROWN

        6071.45 CENEX CO-OP SERVICES, INC.                                            3300.00 COLLABORATIVE DESIGN GROUP INC

        1872.00 CONKEY LLC                                                                             580.64 CROP PRODUCTION SERVICES

          720.00 CUB SCOUT PACK 62                                                             3024.00 JUDI DODDS FAMILY TRUST

          765.00 EARTHWORKS CONTRACTING INC                                    1011.58 GCR TIRE CENTER

          825.05 RICHARD GOODERUM                                                            496.28 GRACETON GARAGE & BODY SHOP, I

        1460.00 LEE HANCOCK                                                                          314.38 HSBC BUSINESS SOLUTIONS

          560.00 LADY LAKERS                                                                            360.00 ROBERT LAPOS

        4139.80 M-R SIGN CO, INC                                                                  1280.90 MESABI BITUMINOUS, INC.

        1198.25 MN COUNTIES INFORMATION SYSTEM                                560.00 MN STATE SHERIFF’S ASS’N

          357.00 JEROME MOLINE                                                                      917.00 KENNETH MOORMAN

        1000.00 NCDPSA                                                                                     300.00 LESLIE NELSON

        5000.00 NORTHWEST MN MULTI-COUNTY HRA                                474.32 KENNETH PIEPER

          951.28 QUILL CORPORATION                                                             470.15 ROSEAU COUNTY COOPERATIVE ASSN

        1268.45 MICHAEL SERRA                                                                     9607.75 SYNERGY GRAPHICS, INC

        1419.00 TRANE US INC                                                                        1001.42 WEST GROUP

        5807.85 WOODY’S SERVICE

47 PAYMENTS LESS THAN  $300       5,178.92

FINAL TOTAL     $85,590.71

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

                                                  June 8, 2010      $   10,891.66

                                                  June 15, 2010    $   69,861.23               

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

MIS DEPARTMENT

Purchase of Equipment

MIS Director, Brent Birkeland met with the board requesting approval to proceed with network upgrades and to proceed with the purchase and configuration of storage area network equipment.

Motion

Motion was made by Commissioner Todd Beckel to authorize MIS Director, Brent Birkeland to proceed with the network upgrades as quoted by CW Technology in the amount of $9,000 with funds from the enhanced 911 budget.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Todd Beckel to authorize MIS Director, Brent Birkeland to proceed with the purchase and configuration of storage area network (SAN) equipment as quoted by Cybor- Advisors not to exceed $22,200, with funding sources to include E911, Recorder’s Enhancement Fund and/ or Law Enforcement Grants. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

COUNTY RECORDER

Satellite Office Agreement

County Recorder, Susan Ney met with the board requesting renewal of the existing Satellite Office Agreement which the recorder’s office will continue to act as a filing office for UCC filings; per the guidelines established by the Minnesota Secretary of State’s Office and statute.

Motion

Motion was made by Commissioner Hanson to approve the renewal and authorize County Board Chair Arnesen and County Recorder Susan Ney to sign the Satellite Office Agreement between the State of Minnesota Secretary of State’s office and the Lake of the Woods County Recorder’s office.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 10:04 a.m. as follows:

EMERGENCY MANAGEMENT

Approval to enter into PSIC Grant and 2008 HSCP

Emergency Management Director, Holly House met with the board requesting approval to enter into the Public Safety Interoperable Communications Grant and approve an extension for the 2008 Homeland Security Grant.

Motion

Motion was made by Commissioner Todd Beckel to enter into the Public Safety Interoperable Communications Grant (PSIC) effective July 1, 2010 thru September 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first, which covers the control stations in dispatch and the control station in the EOC, and to authorize County Auditor, John W. Hoscheid and Chairman Arnesen to sign.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Todd Beckel to enter into the extension agreement with the 2008 Homeland Security Grant Program effective July 1, 2008 thru September 30, 2010 and authorize County Auditor, John W. Hoscheid and Chairman Arnesen to sign.  The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

PUBLIC WORKS DEPARTMENT

Barge Run

Solid Waste Supervisor, Ed Spires met with the board to discuss the “Barge” run that the Solid Waste Department has done in the past.  Ed requested that the “Barge” run be done the weekend before or after Labor Day weekend. The board requested that the Public Works Department send out a list of what the Solid Waste Department will pick up on this run and send it to the Northwest Angle Chamber of Commerce for distribution to Island residents. The “Barge” run is scheduled for September 28, 2010.

Road Inventory Update

Engineering Technician/Administrative Assistant, Boyd Johnson met with the board and presented a power point presentation on the Road Inventory for Lake of the Woods County.

Shared Use Path

Acting Public Works Director, Bill Sindelir met with the board requesting authorization to advertise and set bid opening for the Shared Use Paths (Bike Paths) on Tuesday, July 27, 2010 at 11:00 a.m.

Motion

Motion was made by  Commissioner Todd Beckel to authorize the Acting Public Works Director to advertise for bids for the construction of S.P. 39-090-02, Shared Use Path from Lake of the Woods Schools Northerly and Easterly to CSAH 1 in Baudette; and S.P. 39-090-03, Shared Use Path connecting Willie Walleye Park and Peace Park in the City of Baudette, and to set Tuesday, July 27th, 2010 at 11:00 A.M. in the Commissioners’  Room of the Government Center as the date, time and place for opening of said bids. Motion was seconded by Commissioner Hanson and the same being put to a vote was, unanimously carried.                                               

Temporary County Engineer Services

Chairman Arnesen reviewed the temporary engineer services agreement with Beltrami County.

Motion

Motion was made by Commissioner Todd Beckel to enter into a temporary Engineer Service Agreement between Lake of the Woods County and Beltrami County beginning in June and continuing through September of 2010 and authorize Chairman Arnesen to sign the agreement.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

COUNTY SHERIFF

nwa reverse 911

County Sheriff, Dallas Block updated the board on the NWA Reverse 911 system.  He informed the board that he just used the system within the last week with the bad weather and that he has a letter drafted that he will be bringing up to the NWA with  information.  The board requested that Dallas do a test run for the NWA on the reverse 911 system.

Duct Work Cleaning

County Sheriff, Dallas Block met with the board requesting authorization to have the duct vents cleaned at the Law Enforcement Center . Berglund Heating Sheetmetal & Roofing Company quoted the job in the amount of $2,185.   The board requested that Dallas talk with Maintenance Supervisor, Jeff Pelland or Matt Mickelson to see what their thoughts were on duct cleaning for the Government Center Building.

Motion

Motion was made by Commissioner Todd Beckel to authorize County Sheriff, Dallas Block to have the duct work in the Law Enforcement Center cleaned in the amount of $2,185.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Lexipol

County Sheriff, Dallas Block met with the board informing them that the Minnesota Sheriff’s Association (MSA) has been working on the concept of developing a MSA Sheriffs policy manual and incorporating the Risk Management principles into one for all 87 counties. Dallas informed the board that the MSA has met with representatives from Lixipol who specializes in the development of policy manuals and internet web based training for law enforcement agencies. Dallas informed the board that the cost to the county would be $1,029.  The consensus of the board was to have Dallas moved forward with the Lexipol and come back with updates on the progress.

Federal Boat and Water Grant

County Sheriff, Dallas Block met with the board and requested approval for the Federal Boat and Water Grant in the amount of $4,265 to be used for specific equipment for recreational boating safety activities (hazard buoys).

Resolution

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

Resolution No. 10-06-04

Authorizing the Federal Boating Safety Supplement Grant Agreement

WHEREAS, under the provisions of M.S. § 84.085 subd 1 (c), the Sheriff of each county is required to carry out the provisions for recreational boating safety promulgated by the Commissioner.

WHEREAS,   M.S.§  84.085 subd. 1 (c), provided for the allocation of funds by the Commissioner to assist in the funding of specific items for recreational boating safety.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman, Auditor and Sheriff are hereby authorized to execute the Federal Boating Safety Supplement Grant Agreement, for the period of July 1, 2010 through September 14, 2010 in the amount of $4,265.00.

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

The board requested County Sheriff Dallas Block to return to the meeting at 1:30 to discuss the 2009 Stonegarden grant.

LINE WORKERS FACILITY

Building Plans

The board reviewed the Building Plans for the Line Workers Facility.

COUNTY AUDITOR

County Auditor, John W. Hoscheid met with the board to discuss the advertising and setting of the bid date for the construction of the Line Workers Facility

Motion

Motion was made by Commissioner Todd Beckel to authorize County Auditor, John W. Hoscheid to advertise for bids for the construction of a Line Workers Facility: 60’ x 120’ pre-engineered steel building with attached 60” x 40” wood framed classrooms; and to set Tuesday, July 20, 2010 at 11:00 a.m. in the Commissioners’ Room of the Government Center as the date, time and place for opening of said bids.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Todd Beckel to set a Special Meeting on July 20, 2010 at 11:00 a.m., in the Commissioners’ Room for bid opening for the Line Workers Facility. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

LINE WORKERS OCCUPANCY LEASE AGREEMENT

The board discussed the approval of the Line Workers Occupancy Lease.  The board tabled this to later in the day to discuss with Interim County Attorney, Michelle Moren.

RECESS

The meeting was called to recess at 12:00 p.m. and reconvened at 1:03 p.m. as follows:

LAND AND WATER PLANNING

Consideration of Conditional Use for John Josephson (Happiness On Water)

Land and Water Planning Director, Josh Stromlund met with the board to present the Findings and Fact of the conditional use permit for John Josephson (Happiness On Water).

Motion

A motion was made by Commissioner Todd Beckel to approve the following: Findings of Fact and Decision for John Josephson (Happiness On Water):

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  John Josephson (Happiness on Water)                Date:  June 22, 2010

Location/Legal Description:  Lot 3, Block 1, Y Not Jochim’s Retreat

                             Section 20, T. 161N, R. 31W (Baudette Township) Parcel #24.61.01.030

Project Proposal:  Applicant is requesting to allow a commercial business consisting of a guided fishing service with lodging in a Residential Development District.

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?

YES (X)  NO (  )  N/A (  )

Why or why not?  Applicant has stated that there will be no alcohol or drug use allowed on site.  No gas dispenser will be constructed on site to fill boats.  A maximum of four (4) people are to reside on site at any given time.  The septic system was installed in 2005, with a design flow of 300 gallons/day.

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

Why or why not?  The septic system was installed in 2005, with a design flow of 300

gallons/day.  Also, no construction related activities are part of the request which would generate sedimentation and/or nutrient loading to Winter Road River.

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

Why or why not?  No construction related activities are part of the request which would alter the site’s existing topography, drainage features and vegetative cover.

4. Is the requested use’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?  The location of the structure to be utilized for lodging appears to be outside of 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 (  )  NO (  )  N/A (X)

Why or why not?  No construction related activities are part of the request which would create a potential erosion problem.

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

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

Why or why not?  The property is directly accessible from Winter Drive Northwest.  No new access is proposed under this request.

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

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

Why or why not?  The adjacent land uses are comprised of seasonal and full time residences along with a small business. 

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

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

Why or why not?  The existing cabin is within the shoreland area of the Winter Road River.  Recently, more individuals have the need to be in close proximity to water for recreational activities.     

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

Why or why not?  The septic system was installed in 2005, with a design flow of 300

gallons/day.

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 (  )  N/A (  )

Why or why not?  The property has a buffer established from the Winter Road River and this request will not alter the essential characteristics of the buffer.         

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

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

Why or why not?  A well and compliant septic system currently service the property.

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 (  )  N/A (  )

Why or why not?  The property is located on the Winter Road River which connects to the Rainy River and ultimately to Lake of the Woods.

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

The specific conditions of approval are as follows:  The guide service is to be stricken from the request as this activity does not require a conditional use permit from Lake of the Woods County.  This approval focuses on the transient lodging that the use will generate.  No more than four (4) clients, plus the owner(s) are to reside on the property at any given time.  A dock may be constructed that would allow the owner(s) boat(s) and one (1) client boat to be moored at any given time.  The appearance of the property must be kept neat and orderly.

Approved  (X)       Denied  (  )

                                                                                                ____________________________

                                                                                                            Edward Arnesen

                                                                                                        Chair, County Board

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

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

Consideration of Conditional Use for Ken and Verna Pieper

Land and Water Planning Director, Josh Stromlund met with the board to present the Findings and Fact of the conditional use permit for Ken and Verna Pieper.

Motion

A motion was made by Commissioner Patty Beckel to approve the following: Findings of Fact and decision for Ken and Verna Pieper:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Ken and Verna Pieper                           Date:  June 22, 2010

Location/Legal Description:  A 8.35 acre tract in the SW ¼ of the NW ¼ and a 4.00 acre tract in the NW ¼ of the SW ¼ of Section 17, T. 161N, R. 33W (McDougald)  Parcel #22.17.23.010

Project Proposal:  Applicant is requesting to allow a commercial business consisting of a green house, garden center, mercantile and services in a Natural Environment District.

  1. Is the requested use consistent with maintaining the public health, safety, and welfare?

YES (X)  NO (  )  N/A (  )

Why or why not?  The use is consistent with maintaining the public health, safety and welfare by providing adequate parking, two accesses which provide flow through traffic capabilities and will not generate noise or pollution.

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

Why or why not? The use will not contribute to water pollution, sedimentation or nutrient loading as the soils allow for infiltration of stormwater and the location of the use is not within a shoreland area.

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

Why or why not?  The structure associated with the use does not adversely affect the existing topography, drainage features, and vegetative cover of the site.

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

Why or why not?  The use is not located in any floodplain and/or floodway.

15. 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 (  )  N/A (  )

Why or why not? The use and associated structure will not affect the site’s erosion potential as the land has a flat topography.

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

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

Why or why not?  The use will not create an additional access off of 70th Avenue NW as there are two accesses currently servicing the property which provides flow through traffic capabilities.  Additionally, Highway 11 has a right turn lane for west bound traffic.

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

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

Why or why not? The adjacent land uses in the general proximity to the property consist of commercial, agricultural, and residential.

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

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

Why or why not?  The requested use is not located in a shoreland area.

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

Why or why not?  The requested use will not generate any liquid waste which is required to be treated with a sewage disposal system.

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 (  )  NO (  )  N/A (X)

Why or why not? The use is not located within a shoreland area.

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

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

Why or why not? The site currently is serviced by a private well and an on-site sewage treatment system.     

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 (  )  NO (  )  N/A (X)

Why or why not? The use will not generate any watercraft usage.

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

The specific conditions of approval are as follows:  The word “mercantile” is to be stricken from the application as it is a vague description of the intended use.  The intended use is for a greenhouse, garden center, landscaping/gardening related items and merchandise.  The shop that is presently on the property is to be included in this approval for the storage of equipment and related items or merchandise associated with the requested use.  This approval in no way voids or alters the previous conditional use permit (96-02C) approval which allowed the construction and operation of both a commercial construction office and an auto repair business.

Approved  (X)       Denied  (  )

                                                                                                ____________________________

                                                                                                            Edward Arnesen

                                                                                                        Chair, County Board

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

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 1:25 p.m. and reconvened at 1:30 p.m. as follows:

COUNTY SHERIFF

Stonegarden Grant

County Sheriff, Dallas Block met with the board requesting approval for the 2009 Stonegarden grant.

.Resolution

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

2009 Operation Stonegarden Grant

Resolution No. 10-06-05

WHEREAS, the Minnesota Department of Public Safety (“State:) , Homeland Security and Emergency Management Division has announced that Lake of the Woods County Sheriff’s Department (“Grantee”) has been awarded a 2009 Operation Stonegarden grant in the amount of $143,419; and

WHEREAS, the Grantee, is not a state employee and will perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2009 Operation Stonegarden Application, which is incorporated by reference into this grant agreement and on file with the State at 444 Cedar Street, Suite 223, St. Paul, MN; and

WHEREAS, the Grantee shall also comply with all requirements referenced in the 2009 Operation Stonegarden Guidelines and Application which includes the terms and conditions and grant program guidelines,

WHEREAS, the breakdowns of costs of the Grantee’s budget is contained in Exhibit A, which is attached and incorporated into this grant agreement and the grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the grant program guidelines. Requests must be approved prior to any expenditure by the Grantee;

NOW THEREFORE, BE IT RESOLVED, that the Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable article, bylaws, resolutions, and authorizes Chairman Arnesen and County Sheriff, Dallas Block to sign.

The resolution was seconded by Commissioner Patty Beckel and the vote carried as follows:  Voting for: Commissioner’s Arnesen, Patty Beckel, Moorman and Hanson. Voting against: Commissioner Todd Beckel.

Submitting Stonegarden Grant Applications

The board requested that the Sheriff’s Office come to the board before submitting the application for the 2010 Stonegarden Grant for their review and recommendations; and any future Stonegarden Grants that become available to the county.

Amending County Sheriff Salary

County Sheriff, Dallas Block requested the board amend and adjust his salary with an additional 12 hours per week for Stonegarden work. The board requested Dallas to come back later due to a conference call that was scheduled.

NWA ISLAND LAND OWNERS LETTER

The county board placed a conference call with Oak Island Land Owners Board of Directors. The board discussed the letter that was sent on June 16, 2010 requesting the board to act upon items 1 & 2 and dropping item 3 from the petition that was submitted on August 18, 2009.  Below are the items that that NWA Island Land Owners requested:

  1. To establish District Zoning provisions for the NW Angle Island which will facilitate the development of land use plans and zoning regulations appropriate specifically for this area (Ref: MN Statutes §394.25 subdivision 2);
  2. Contract the Headwater Regional Development Commission to develop a Comprehensive Land Use Plan specifically for the NW Angle Islands, including suggested zoning for implementing this Plan;
  3. That in the time between now and the completion of points 1 and 2 above, that there be a moratorium placed on Planned Unit Developments or Common Interest Developments and residential or commercial trailer development.

Chairman Arnesen welcomed Don McClanathan and Dick Gross to the conference call. The board discussed the request of the association and stated that it was premature to make a motion upon their request.  The consensus of the board was to meet with HRDC before moving forward. The board will form a committee to work on this request.  Chairman Arnesen thanked Don and Dick for joining the meeting.

LINE WORKERS OCCUPANCY LEASE AGREEMENT

The board discussed the Line Workers Occupancy Lease Agreement with Interim County Attorney, Michelle Moren. Michelle informed the board that the last lease that she reviewed, there were no legal language problems that she could perceive.

Motion

Motion was made by Commissioner Todd Beckel to enter into a lease agreement between Lake of the Woods County and the Board of Trustees of the Minnesota State Colleges and the Universities, Minnesota State Community and Technical College, commencing August 1, 2010 and continuing through July 30, 2012 and authorize Chairman Arnesen and Interim County Attorney to sign.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Zoning Conditional Use Parameters

The board discussed Zoning and Conditional Use Parameters.  No action taken.

Amending County Sheriff Salary

County Sheriff, Dallas Block requested the board amend and adjust his salary with an additional 12 hours per week for Stonegarden work. Chairman Arnesen asked Dallas if he would consider 8 hours per week.  Dallas stated that he would agree to that.

Resolution

The following resolution was offered by Commissioner Arnesen:

Amend County Sheriff Salary

Resolution No. 10-06-06

WHEREAS, the United States Department of Homeland Security has asked local law enforcement agencies along our Nation’s border to step up border monitoring, pursue joint objectives, and enhance their capabilities for providing border security, and

WHEREAS, in an effort to assist local governments in fulfilling this request, the Department of Homeland Security through the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division, offered  “ Operation Stonegarden 2009” grant, and

WHEREAS, the Lake of the Woods County Sheriffs’ Office is a successful recipient of an Operation Stonegarden 2009 grant, and

WHEREAS, the Lake of the Woods County Sheriff has undertaken, as additional duties, the responsibility to avail himself and his officers for additional training, or to provide such training for his officers himself, for border protection and border security, and the additional duties of improving the distinct capability of the sheriff’s office as a whole with regard to border security and border patrol as part of a joint mission; and in addition, as and for additional duties, the sheriff will necessarily devote more of his own time to border patrol and border enforcement , and

WHEREAS, the Operation Stonegarden 2009 grant given to assist the Lake of the Woods County Sheriff’s Office in its efforts to secure the border includes the sum of $99,840.00 over time and $12,480.00 fringe benefits;

WHEREAS, it is estimated that these additional border security duties will necessitate that the Sheriff expend on average another 8 hours per week;

WHEREAS, through the Operation Stonegarden 2009 grant, all of the additional overtime worked by officers devoted to border security issues is fully reimbursable under the grant, including the cost of officer overtime pay, PERA, Medicare and worker’s compensation, so that the net cost of the additional homeland security duties to Lake of the Woods County is fully reimbursed by the grant, and

NOW, THEREFORE, BE IT RESOLVED, that the resolution setting the sheriff’s salary as originally set by this board on December 22, 2009 was $66,880.06 and fringe benefits was $9,430.09 be amended so that the sheriff’s salary is increased by the sum of $9,100 and fringe benefits is increased by$1,283.10 commencing July 1, 2010 through December 31, 2010 with the increase funding from the Operation Stonegarden 2009 grant contingent upon the funding available with the Stonegarden 2009 grant and after December 31, 2010 the Sheriff’s compensation will return to a normal rate. 

The resolution was seconded by Commissioner Patty Beckel and the vote was as follows: Voting against: Commissioners’ Todd Beckel, Moorman and Hanson. Voting For: Commissioners Arnesen and Patty Beckel. Resolution failed.

HIGHWAY 11 TASK FORCE

Commissioner Moorman informed the board that Highway 11 Task Force will be meeting on June 23, 2010 at the Birchview Hall at 7:00 p.m.

2010 COMPARISON /NEW CONSTRUCTION

Commissioner Todd Beckel handed out 2010 New Construction and Market Value by year for the board to review.

Committee Reports

Commissioner Arnesen reported on:

  • NWCA- MCIT dropped them from their insurance plan

Commissioner Hanson reported on:

  • Nursing Service Advisory Board- home health to move to new location
  • Safety Camp: will be held in Baudette sometime in July

Commissioner Todd Beckel reported on:

  • Jims Corner Land
  • Bernard Land
  • Towers- school property

Commissioner Patty Beckel reported on:

  • Airport- insurance issues

OLD/NEW BUSINESS

There were no new updates on:

  • ANI
  • Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Acquisition
  • Red Lake Tribe
  • Team Building

There were updates on:

  • County T.V.-Meeting on June 23, 2010 at 11:00 a.m.
  • Grand Theater- Place on next agenda under Assessor to report to the board
  • Zoning/Conditional Use Parameters- add under old/new business

Correspondence:

None

With no further business before the board, Chairman Arnesen called the meeting to recess at 3:55 p.m.

Attest:                                                                                                 Approved: July 13, 2010

____________________________                                                    ____________________________

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