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COUNTY BOARD

June, 2014

Commissioner Proceedings

June 10, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 10, 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 Moorman to approve the agenda with the following additions:  Land Sale update, FAR North Transit, Invasive Species, Gazebo-Willy Walleye Park and AMC Legislative update. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda as follows:Ken Moorman to Montana for Prevention Coalition Training on July 7-11. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Hanson to approve the minutes of May 27, 2014 regular meeting. The motion was seconded by Commissioner Arnesen 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                              $      21,488.17          

                                                Road & Bridge                     $      30,976.92

                                                Co. Devlep                           $        6,578.00

                                                Solid Waste                          $      29,573.84

                                                EDA                                     $         1,500.00

                                                                                     90,116.93                             

WARRANTS FOR PUBLICATION

Warrants Approved On 6/10/2014 For Payment 6/13/2014

Vendor Name Amount

Cenex Co-Op Services, Inc.                                           5,253.99

Crop Production Services                                            19,966.17

Headwater Regional Development Commiss               3,000.00

Howard’s Oil Company                                                  2,250.61

Liberty Tire Recycling, LLC                                            4,756.80

LOW Highway Dept                                                         4,763.75

Mar-Kit Landfill                                                               11,138.40

R & Q Trucking, Inc                                                         2,777.65

Widseth Smith Nolting&Asst Inc                                   9,128.01

Woody’s Service                                                             4,028.81

69 Payments less than 2000   23,052.74

Final Total:   90,116.93

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

May 28, 2014                  $      4,129.81

May 28, 2014                  $   970,319.03

June 4,   2014                  $     16,807.94

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

Approval of On/Off Sunday, On-Sale and Sunday and Off-Sale Liqour- 3.2 Malt Liquor On/Off Sale- Set-Up and Cigarette Licenses

County Auditor/Treasurer, Mark Hall and Deputy Auditor, Janet Rudd met with the board requesting approval for the 2014 Liquor and Cigarette Licenses.

Motion

Motion was made by Commissioner Hanson to approve the following 2014 On/Off Sale and Sunday Liquor License; On-Sale Sunday Liquor License; Off-Sale Only, Cigarette Licenses and 3.2 on and Off Sale Malt Liquor License as permitted by County Sheriff, Gary Fish and County Attorney, James Austad:

On/Off Sale and Sunday Liquor License:

Adrian’s Resort, DACH -Angle Inn Lodge, Ballard’s Resort, Borderview Lodge, Morris Point Lakeview Lodge, PCE-Riverbend Resort, Rock Harbor Lodge, J&L Hennum-Sportsman’s Lodge, T&N Briggs-Wigwam Resort, Zippel Bay Resort, Sportsman’s Oak Island Lodge; Bugsy’s on Bostic;

On-Sale and Sunday Liquor License:

First Ice Enterprises-Cyrus Resort, Ken-Mar-Ke Resort, Blue Eyed Chief Bar & Grill, Wheelers Point Resort, Bathel Enterprises- Slims Resort and Elkhorn Outfitters-Riverview Resort;

Off-Sale Only:

Log Cabin Liquors Inc;

Cigarette License:

Ballard’s Resort, Bay Store, Borderview Lodge, Cenex, City of Williams, City of Baudette, First Ice Enterprises-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, Rock Harbor Lodge, Slims Resort, Sportsman’s Lodge, Sportsman’s of Oak Island Lodge, Sunset Lodge, Andy’s Garages, Wheeler’s Point, Zippel Bay Resort;

 3.2 On-Sale Malt Liquor:

Long Point Resort, Ships Wheel and Oak Island Resort;

3.2 Off-Sale Malt Liquor:

Angle Outpost, Bay Store, Cyrus Resort, Border Bait, Blue Eyed Chief Bar & Grill, Long Point Resort, Flag Island. Oak Island Resort, Rock Harbor Lodge, Log Cabin Bait,

 Set-Up License:

Ships Wheel Resort.

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

SCHRANDT CARTWAY PETITION

County Auditor/Treasurer, Mark Hall met with the board to discuss the Schrandt Cartwy Petition that was filed with the County on October 22, 2013; at the Cartway Hearing the board determined that a survey, appraisal and wetland study be conducted and that the petitioner shall pay to the county $13,500, with the survey at $7,000, Wetland Delineation at $6,000 and Appraisal of Cartway route $500.

Mark informed them that none of the damages have been paid and that former County Attorney, Michelle Moren sent a letter dated April 22, 2014 to Attorney Nora Crompton, informing her that at the Cartway Hearing required that her client provide security in the sum of $13,500 and if the security was not paid by June 1, 2014 the county board would dismiss this Cartway on June 10, 2014 board meeting. County Attorney, James Austad concurred that this carwaty can be dismissed.

Motion

Motion was made by Commissioner Moorman to dismiss the Schrandt Cartway and authorize Chair Beckel to sign the back of the petition stating the cartway was dismissed by the Lake of the Woods County Board of Commissioners. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried

Affirmative Action Plan

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval for the Affirmative Action Programs for Minorities, Women, and Disabled individuals effective June 1, 2014.

Motion

Motion was made by Commissioner Hanson to approve the Affirmative Action Programs for Minorities, Women and Disabled individuals effective June 1, 2014 and to authorize Chair Beckel to sign. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

2015 Budget Dates

County Auditor/Treasurer Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board to discuss the upcoming budget cycle. They will bring tentative budget dates to the June 24, 2014 meeting.

Land Sale

County Auditor/Treasurer Mark Hall informed the board that he will be adding the Land Sale to the next agenda to set a date, minimum bid and terms of sale.

AMC 2014 LEGISLATIVE SESSION OVERVIEW

Chair Patty Beckel updated the board on the AMC meeting that she attended and reviewed the handout with the board.

Social Services Director

Claims

Social Service Director, Nancy Wendler met with the County Board requesting approval of claims.

Motion

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

                                                Commissioners’ Warrants          $   14,483.27

                                                Commissioners’ Warrants          $     6,933.21

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

Debt-Write-Off for Count Collections Unit

Social Service Director, Nancy Wendler met with the County Board requesting approval for the Lake of the Woods County Social Services Policy and Procedure Manual for Debt Write-Off for collection’s unit. Nancy informed the board that the purpose is to identify debt that may be eliminated and written off the collections books when there is no realistic prospect for future recovery. Debt may include parental fees, fees related to court actions, service fees, out of home reimbursement fees, detox fee, Social Security reimbursement, CD evaluations and other miscellaneous fees.

Motion

Motion was made by Commissioner Hanson to approve the Lake of the Woods County Social Services Policy and Procedure Manual and Debt Write-Off for County collections and to authorize Chair Beckel

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

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 10:00 a.m. as follows:

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board to update them on the Clean Water Act letter that Rinke-Noonan Law Firm is writing on behalf of several counties and that the draft letter will be sent for their review; informed the board that the Septic System Ordinance has met the State Requirements and has been approved; Wetland appeal has been filed with BWSR and they have a 60 day time- line to review the appeal. Josh informed the board that additional funds are needed for the Wetland mitigation.

Motion

Motion was made by Commissioner Hanson to allocate up to $10,000 from the Natural Resources- Environmental fund for Wetland mitigation. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

AQUATIC INVASIVE SPECIES

Chair Beckel and Land and Water Planning Director, Josh Stromlund discussed a new bill that will provide additional monies to be used exclusively by counties to “prevent the introduction of or limit the spread of invasive species at all access sites within the county. Under the bill, counties must establish, by resolution or through adoption of a plan, guidelines for the use of the proceeds. The board reviewed the estimate of funds, which consist with Lake of the Woods County having six (6) trailer launches with proposed 2015 additional County Program Aid (CPA) in the amount of $40,235. The board questioned the calculation of the funding and will discuss this with Representative Erickson and Senator Skoe at the Northwest Angle meeting.

HUMAN RESOURCES

County Attorney, James Austad and Human Resource Assistant, Dena Pieper met with the board to discuss the vacant Human Resources office. The board discussed contracted Human Resources vs Employee Human Resources. The board requested that Human Resource Assistant, Dena Pieper set up a meeting with the Personal Committee to recommend the grade for this position.  Dena updated the board on the Human Resource Seminar she attended.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval to enter into a Joint Powers Agreement, with the Northwest Minnesota Regional Emergency Communications Board.

Motion

Motion was made by Commissioner Hanson to authorize Chair Beckel, County Attorney, James Austad and Auditor/Treasurer, Mark Hall to sign the Joint Powers Agreement with the Northwest Minnesota Regional Emergency Communications Board. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

WILLY WALLEYE PARK GAZEBO

Chair Beckel discussed the $25,000 contribution that the County Board designated to the Willy Walleye Park for the construction of a Gazebo. Chair Beckel informed the board that she did attend the City of Baudette’s Council meeting on June 9, 2014. The City made comment that this was not the Citie’s project. Chair Beckel felt that this funding should be put on hold for further clarification of who the possessor of this project is.

Motion

Motion was made by Commissioner Beckel to hold the $25,000 in a designated account for the Gazebo project for the Willy Walleye Park until further clarification from the City of Baudette and until final plans are approved. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

CLOSED SESSIONS

The following resolution was offered by Commissioner Hanson to close the regular meeting at 11:05 a.m. and opened the closed sessions as follows:

RESOLUTION CLOSING BOARD MEETING

2014-05-01

            WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege;” and

            WHEREAS, in ANIP Acquisition Company vs. County of Lake of the Woods, Case No. 39-CV-12-86 and 39-CV-13-116, the plaintiff has filed an action in Minnesota Tax court, contesting the valuations of real property owned in Lake of the Woods County; and

WHEREAS, the Lake of the Woods County Attorney has informed the Lake of the Woods County Board that there have been developments in the settlement negotiations; and

            WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss pending and future litigation; and

            WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

            WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the litigation and potential settlement in order to maintain the attorney-client privilege.

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

  1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b);
  2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Tax Court action, past and future litigation involving Land and Water Planning, and any settlement proposals which may be made by or responded to by the Lake of the Woods County Board.

The following were present at the closed session: Commissioners’ Beckel, Nordlof, Hanson, Moorman and Arnesen, County Attorney, James Austad and County Assessor, Mary Jo Otten.

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

Motion

Motion was made by Commissioner Hanson to close the closed session and open the regular meeting at 11:24 a.m. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Correspondence:

The board reviewed the letter from the DNR in regards to making changes to the following rules without a public hearing: Trout regulations, other game fish regulations, border waters and others. The board will discuss these issues at the NWA meeting with Representative Erickson and Senator Skoe.

Recess

With no further business before the board, Chair Beckel called the meeting to recess at 11:33 a.m.

Attest:                                                                                     Approved: June 24, 2014

________________________                                                _________________________________

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

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

Commissioner Proceedings

June 17, 2014

The Lake of the Woods County Board of Commissioners met in session on Tuesday, June 17, 2014 at Angle Outpost Resort at the Northwest Angle.

Call to Order

Chairman Beckel called the meeting to order at 10:04 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Ed Arnesen, Thomas Hanson, Buck Nordlof and Ken Moorman.  Also present were: County Auditor/Treasurer Mark Hall, Deputy Auditor Janet Rudd, Public Works Director, Tim Erickson, County Assessor, Mary Jo Otten, Assistant Assessor, Dale Boretski, County Attorney, James Austad and HRDC Specialist, Marcus Grubbs.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: Crowning of gravel roads. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Consent Agenda

Motion was made by Commissioner Arnesen to approve the consent agenda as follows: Christine Hultman to Grand Rapids on June 23-25 for AMSSA Conference; Stacy Novak to St. Paul on July 9-10 for Tax Advisory Committee Meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SENATOR SKOE AND REPRESENTATIVE ERICKSON

Chair Beckel welcomed Senator Skoe and Representative Erickson to the meeting and opened the floor for questions. The following topics were discussed:

  • Water Issues
  • Public Roads
  • Aquatic Invasive Species Funding
  • Transportation Funding
  • All Day Kindergarten
  • Early Childhood Scholarships
  • DNR Rule Changes
  • 4-day School Week
  • Internet Speed
  • Minnows

headwater regional development

Headwaters Regional Development Specialist, Marcus Grubbs, met with the residents and reviewed the NWA Community Wild Fire Protection Plan.

NW ANGLE CO. ROAD 49

Public Works Director, Tim Erickson met with the board to inform them that they have an agreement with a gravel company to haul gravel to the NWA for the preparation to gravel County Road 49 this summer.

NW ANGLE AIRPORT Update

Chair Beckel informed the NWA residents that the next step in the feasibility study was  to get permission from the State of MN(  which the county has been granted)  to let the county do boring testing on the possible site. She explained that the board is not against and not for the airport, but these steps need to be taken to see if it is even possible to build an Airport.

Recess

With no further business before the Board, Chair Beckel called the meeting to recess at 11:50 a.m.

Attest:                                                                                     Approved: June 24, 2014

____________________________                                        _______________________________

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

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

Lake of the Woods County

Board of Appeal and Equalization

June 18, 2014

The Lake of the Woods County Board of Appeal and Equalization met on Wednesday, June 18, 2014, in the Commissioners’ Room of the Lake of the Woods County Government Center. 

Call to Order

County Board Chair Patty Beckel called the meeting to order at 6:00 p.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners: Patty Beckel, Tom Hanson, Ken Moorman, Buck Nordlof, Ed Arnesen, and County Auditor-Treasurer Mark Hall.  Also present were: County Assessor Mary Jo Otten, County Recorder Sue Ney, Deputy Auditor-Treasurer Stacy Novak, Gloriann Fischer, Lorene Hanson, Rita Krause, and Gary Bailey. County Recorder Sue Ney swore in the members of the Lake of the Woods County Board of Appeal and Equalization.

County Board Chair Patty Beckel welcomed those in attendance, explained the purpose of the Board of Appeal and Equalization, and explained that all appeals would be heard before any action would be taken.

County Assessor

County Assessor Mary Jo Otten summarized the past year, noting the townships of Lakewood, Zippel, and Chilgren had been re-assessed.  She discussed and explained the Sales Comparison Approach used in assessment and how it affected classifications of property. The most notable change was in Agricultural lands resulting in a 30% increase across the boards. The new range of tillable land values is $675 – $1125 per acre.

Mary Jo further explained that State Board of Equalization has met and, as to date, she has not been given a State order to make any changes. This year’s re-assessment plans include the townships of Wabanica, Baudette, Gudrid, and possibly the NW Angle if time permits.

The following report was handed out and reviewed:

  • 2013/2014 Comparisons / New Construction — by Townships

Property Owners

Meeting with the County Board was Gary Bailey, property owner in Prosper, Potamo, Rulien Townships and the Forest Area. Gary voiced concerns regarding his property values and felt they are high compared to surrounding properties. Gary and County Assessor Mary Jo Otten have already started reviewing his properties in question and will continue to schedule time for re-assessment of lands and buildings still in question. Gary also presented information concerning pool levies in Counties with an international boundary. 

Meeting with the County Board was Rita Krause, property owner in Baudette, Wabanica, and Walhalla Townships. Rita voiced concerns of the increasing agricultural values. County Assessor Mary Jo Otten reviewed the Sales Comparison Approach in further detail; explained parameters involved and sales around the area affected the property values of those areas. The validity of Green Acres was also discussed.

County Assessor Mary Jo Otten presented a listing of corrective changes made after the Spring Mini Abstract that she would recommend Board approval on. The list included:          

Gary Hendrickson, NW Angle, Corrected FF Values

Valerie Jean Gravseth and Betty Marie Albrecht, NW Angle – Reassessed and Corrected schedules

NW Angle Resort & Restaurant Inc, NW Angle – Reassessed and Corrected schedules

Kevin Luksik, NW Angle – Reassessed and Corrected schedules

Daniel Schmidt, NW Angle – Reassessed and Corrected schedules

Keith Oswald, NW Angle – Reassessed and Corrected schedules

T&T Hilltop LLC, NW Angle – Reassessed and Corrected schedules

Ronald Bachleitner, NW Angle – Reassessed and Corrected schedules

Theresa Dale-Pfister, NW Angle – Reassessed and Corrected schedules

Michael Randall, NW Angle – Reassessed and Corrected schedules

Lindus Properties, NW Angle – Reassessed and Corrected schedules

WBL Flag Island LLC, NW Angle – Reassessed and Corrected schedules

S.C.O.P.E. Inc, NW Angle – Reassessed and Corrected schedules

Harvey Vogel Mfg, NW Angle – Reassessed and Corrected schedules

Brush Island Properties, NW Angle – Outlot, drainage, under water

Louis Taylor, Wheeler Twp – Lowland under water, corrected story height, land values

Ross Dally, Spooner Twp – Corrected values

Gerald Pirkl, City of Baudette – Corrected values

Joseph Humble, City of Baudette – Corrected values

Actions

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

Gary Bailey, property owner in Prosper, Potamo, Rulien Townships and the Forest Area, multiple parcels; the County Board of Appeal and Equalization noted these properties were already being addressed by County Assessor Mary Jo Otten and asked if they would need to have changes approved by the Board within the 10 day guide line. County Assessor Mary Jo Otten felt her remaining reviews would be considered “clerical errors” and would not need further approval at this time. No action was taken. 

Presented listing of changes made after the Spring Mini Abstract approval by County Assessor Mary Jo Otten; the County Board of Appeal and Equalization agreed with the recommendations as presented. (List attached as addendum)  Motion was made by Commissioner Ed Arnesen to approve the listing of changes as recommended. The motion was seconded by Commissioner Ken Moorman and the same being put to a vote, was unanimously carried.

Gloriann Fischer, property owner in Spooner Township, present for general inquiry. No appeal. No action taken.

Rita Krause, property owner in Baudette, Wabanica, and Walhalla Townships, present for general inquiry. No appeal. No action taken.

Adjourn

Motion was made by Commissioner Tom Hanson to adjourn the County Board of Appeal and Equalization meeting for 2014.  The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.  County Board Chair Patty Beckel adjourned the Lake of the Woods County Board of Appeal and Equalization meeting for 2014, at 7:04 p.m.

Attest:                                                                         Approved: _______________________

________________________________                    ________________________________

Stacy Novak, Deputy Auditor-Treasurer                    Patty Beckel, County Board Chair

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

Commissioner Proceedings

Emergency Board Meeting

Flooding Issues

June 19, 2014

The Lake of the Woods County Board of Commissioners met in an Emergency Session on Thursday, June 19, 2014, pursuant to MN Statute 13D.04, subdivision 3 in the Court Room at the Lake of the Woods County Government Center.

Call to Order

Chair Beckel called the meeting to order at 1:09 p.m. with the following members present:  Commissioners Ed Arnesen, Buck Nordlof, Patty Beckel, Thomas Hanson and Ken Moorman.  Also present were: County Auditor/Treasure Mark Hall and Deputy Auditor, Janet Rudd.

Flooding Issues

Barb O’Hara, Emergency Management Director from Kittson County, Jennifer Olson, Beltrami Region Planner, Beltrami Emergency Management Director, Christopher Muller and retired NW Region Emergency Management Director, Mary Hildebrandt met with the board to discuss the process of declaring a State of Emergency, which includes a resolution from the county board declaring an emergency. The emergency management team also reviewed the incident status summary reporting requirements, damage assessment calculation worksheets and proper sandbagging techniques and other topics.

LAND AND WATER PLANNING DIRECTOR

Land and Water Planning Director, Josh Stromlund met with the board to present a slide show of recent aerial pictures and current conditions of Pine and Sable Islands, water banks and other area flooding issues.

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.

SHERIFF

County Sheriff, Gary Fish met with the board and presented a letter from the MN Department of Natural Resources informing them due to historically high rainfall amounts across MN, the Commissioner of Natural Resources has approved that local units of government may enact a 30 (thirty)  – day temporary emergency water surface use slow wake restrictions.

Resolution

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

30 Day Temporary Emergency Water Surface Slow Wake Restriction

LAKE OF THE WOODS COUNTY DECLARING

A STATE OF EMERGENCY

                                                            Resolution No. 14-06-03

WHEREAS; the bodies of water have reached a level where damages to property is expected;

WHEREAS; the elevation that triggers the slow no-wake restriction shall be the ordinary high water level established by the Minnesota Department of Natural Resources or a lake elevation or river stage where damage to property is expected;

WHEREAS; the slow no-wake restriction shall be lifted once the water body has been 0.1 feet below the elevation that triggers the slow no-wake for three days. The slow no-wake restriction shall be lifted a maximum of 30 days from the first day it is enacted, unless the Minnesota Department of Natural Resources approves an extension;

WHEREAS; Lake of the Woods County Board of Commissioners has set a slow no-wake area at 150 feet from the shore;

WHEREAS, Lake of the Woods County will notify the Commissioner  via the DNR Boat and Water Safety Unit as soon as practicable from enactment;

WHEREAS, Lake of the Woods County will notify the public via their website, posted notices at public water access sites, press release and other means they have available;

WHEREAS, Lake of the Woods County Board of Commissioners has designated Lake of the Woods County Sheriff Department to enforce this temporary restriction and note that other licensed peace officers may also enforce the restriction.

NOW THEREFORE, BE IT RESOLVED; that Lake of the Woods County has adopted a 30- day temporary emergency water surface use slow wake restriction on all bodies of water located within the county.

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

Recess

There being no further business before the County Board, Chair Beckel called the meeting to recess at 2:28 a.m.

Attest:                                                                          Approved:  June 24, 2014

______________________________                        ___________________________________

Janet E. Rudd, Deputy Auditor                                 Patty Beckel, County Board Chair

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

Commissioner Proceedings

June 24, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 24, 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, County Attorney, James Austad and Deputy Auditor, Janet Rudd.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions:  DNR Rule Making, Rinke Noonan letter, Wetland Work Session, and MN Department Commerce, SWCD Letter, Budget Dates, Permanent Water Surfaces and June 19, 2014 Emergency Meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda as follows: James Austad to St. Cloud on June 25-26 for “Managing the Human Resource Seminar”; Amy Ballard and Dessa Bergan to TRF on 8-11 to 8-12 for a Supervisor/Mentor Orientation for MnCHOICES. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Minutes

June 10, 2014 Minutes

Motion was made by Commissioner Hanson to approve the minutes of June 10, 2014 regular meeting. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

June 17, 2014 NWA Minutes

Motion was made by Commissioner Moorman to approve the minutes of June 17, 2014 NWA meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

June 18, 2014 Board of Appeal and Equalization Minutes

Motion was made by Commissioner Nordlof to approve the minutes of June 18, 2014 Board of Appeal and Equalization meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

June 19, 2014 Emergency Meeting-Flooding Issues Minutes

Motion was made by Commissioner Hanson to approve the minutes of June 19, 2014 Emergency Meeting (Flooding Issues). The motion was seconded by Commissioner Nordlof 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                              $      13,764.84          

                                                Road & Bridge                     $      27,764.21

                                                Natl Resc Enhanc                $        4,776.50

                                                Solid Waste                          $      10,237.84

                                                EDA                                     $         5,117.04

WARRANTS FOR PUBLICATION

Warrants Approved On 6/24/2014 For Payment 6/27/2014

Vendor Name                                                          Amount

Cps Technology Solutions                                           3,500.00

Liberty Tire Recycling, LLC                                           4,614.00

North East Technical Service,Inc                                  4,064.25

Northwest Community Action, Inc                                4,073.00

Rinke-Noonan                                                                4,776.50

SeaChange Printing&MarketingServices LLC             4,487.42

Strata Corp, Inc                                                               2,074.58

Titan Machinery – Roseau                                            19,500.00

40 Payments less than 2000   14,570.68

Final Total:   61,660.43

                                                                           61,660.43                             

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

June 11, 2014                  $    80,143.74

June11,  2014                  $   547,738.42

June 11, 2014                  $         (265.94)

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

NW Community Action

County Auditor/Treasurer, Mark Hall met with the board requesting approval for the renewal of the Lease for the Government Center North Building with NW Community Action.

Motion

Motion was made by Commissioner Arnesen to enter into a lease agreement between Lake of the Woods County (Lessor), and Northwest Community Action, Inc. (Lessee), effective August 1, 2014 thru July 31, 2017. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

County Absentee/Mail Ballot Board and Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA Board)

County Auditor/Treasurer, Mark Hall and Deputy Auditor, Darren Olson met with the board requesting approval for the County Absentee/Mail Ballot Board and UOCAVA Board.

Resolution

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

Resolution

Authorizing A County Absentee / Mail Ballot Board

Resolution 14-06-03

WHEREAS, Lake of the Woods County is permitted by Minnesota Statute 203B.121 and 203B.23  to authorize a County Absentee / Mail Ballot Board; and

WHEREAS, this authorization will bring uniformity in the processing of accepting or rejecting returned absentee / mail ballots to the Lake of the Woods County Auditor, that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22, 204B.45 and 204B.46; and

WHEREAS, this will eliminate the need for election judges to perform this technical and time consuming task on election day wherein the County Absentee /Mail Ballot Board can begin this process 45 days prior to an election; and

WHEREAS, this will speed the processing of accepted absentee / mail ballots delivered to the precincts to be incorporated into the vote counts on election day; giving election judges more available time for the voters at the polls; and

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes the Lake of the Woods County Auditor/Treasurer to implement a County Absentee / Mail Ballot Board that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22, 204B.45 and 204B.46 to perform the task.

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 Nordlof and moved for adoption:

Resolution

Authorizing A County UOCAVA Ballot Board

Resolution 14-06-04

WHEREAS, Lake of the Woods County is permitted by Minnesota Statute 203B.121 and 203B.23 to authorize a County UOCAVA Ballot Board; and

WHEREAS, this authorization will bring uniformity in the processing of accepting or rejecting returned UOCAVA ballots to the Lake of the Woods County Auditor/ Treasurer, that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22, 204B.45 and 204B.46; and

WHEREAS, this will eliminate the need for election judges to perform this technical and time consuming task on election day wherein the County UOCAVA Ballot Board can begin this process 45 days prior to an election; and

WHEREAS, this will speed the processing of accepted UOCAVA ballots delivered to the precincts to be incorporated into the vote counts on election day; giving election judges more available time for the voters at the polls; and

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes the Lake of the Woods County Auditor/ Treasurer to implement a County UOCAVA Ballot Board that would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22, 204B.45 and 204B.46 to perform the task.

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

Auditor/Treasurer Staff

The County Board disused the Auditor/Treasurer staff that have filed for the open seat of the office. County Auditor/Treasurer, Mark Hall and Deputy Auditor, Darren Olson informed the board that all requirements are met according to MN Statutes and that all candidates are staff, and staff have their jobs to preform within the office. Every four years there is one in the office that is a candidate that is running for the Auditor/Treasurer. Darren also informed the board that election judges are coming in to perform some of the election duties.

Budget Dates

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board to discuss budget date. The board requested that they have all budget information by July 25 and will review on August 5, 2014 board meeting and meet on August 19 with the Sheriff, Public Works and Social Service department. They will review the EDA budget on July 15, 2014.

Social Services

Claims

Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims for Social Service in the absence of Director, Nancy Wendler. 

Motion

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

                                                Commissioners’ Warrants          $   10,543.82

                                                Commissioners’ Warrants          $    28,405.52

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

Correspondence

Chair Beckel reviewed the notification of the MN Department of Natural Resources of notice of intent to adopt rules without a Public Hearing to consider changes with trout regulations, other game fish regulation, border water changes to be consistent with other MN inland regulations, or make consistent with the bordering state’s regulation for Iowa, North Dakota, South Dakota, Wisconsin, and Canada; and other changes. The DNR would have to hold a hearing if 25 or more person request a hearing. The county board will contact their constituents to reach the 25 or more requests.

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 10:00 a.m. as follows:

PUBLIC WORKS

Public Works Director, Tim Erickson, Land and Water Planning Director, Josh Stromlund and Deputy Auditor/Treasurer, Stacy Novak met with the board to discuss a Ditch Fund Establishment, currently what Ditch 2 has established.  The board inquired about State payment on Ditch 1; Stacy informed the board that they pay at ratio portion. The board inquired if the funding could be used for Beaver issues in that area and what the county can levy for; Tim informed them that they could use this funding in the Benefited area and can levy up to five (5) percent.

The board concurred that a meeting with the beneficiary would be in order and set a Public Hearing for August 4, 2014 a 7:00 p.m. for Ditch 1 assessment.

The board discussed the following with Public Works Director, Tim Erickson:

  • Mowing at the IDC- working on
  • Blue Blades (address signs) – working on the Emergency Management Director, Nina Husbands
  • Road Inventory- getting closer
  • Clementson Project backhoe- backhoe was in Roosevelt at the time of request being used for county project.

SWCD

Chair Beckel discussed a letter from Chair Sonstegard, from the Lake of the Woods Soil and Water Conservation requesting that the County Board recommence the County Drainage Committee due to recent changes on the landscape have led to an increase in pubic drainage infrastructure concerns. The SWCD feels that the County Drainage Committee is the best avenue to resolve these concerns. John addressed that the SWCD and the County, have successfully obtained past grants to assist with the facilitation of the committee and data gathering to further the assessment of resource and public drainage infrastructures needs. The board requested that Land and Water Planning Director, Josh Stromlund and Public Works Director, Tim Erickson to organize a date for the Drainage Committee to meet.

WETLAND AND SOLID WASTE COMMITTEE MEETINGS

Chair Beckel informed that board that there is a Wetland Work Session on July 13-15, in Two Harbors, Commissioners Arnesen and Moorman will attend; and Solid Waste Committee will be meeting on June 27 at 7:30 a.m.

SHERIFF

County Sheriff, Gary Fish met with the board to inform them on the following:

  • Applied for a School Resource Officer grant that would fund a deputy to work at the school for three (3) years which would consists of 75%  of the time at the school and the other 25% as part-time deputy, but the fourth year the county would have to pay for a Deputy and hire for one year.;
  • County Coroner, Dr. Dayer is leaving at the end of July, Gary informed the board that he is looking into a service contract with UND;
  • Permanent Water Surface( no wake) – Gary and Josh are working on application for a Permanent approval

Part-time Deputy and Purchase of Rifles

County Sheriff, Gary Fish requested approval to hire a part-time Deputy Sherif to replace a deputy that has resigned and requested to purchase two (2) Colt .233 rifles for the swat team.

Motion

Motion was made by Commissioner Hanson to purchase two (2) Colt .233 rifles for the swat team from the Sheriff’s funds. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the hiring for a Part-time Deputy Sheriff off the hiring list at Grade 12 Step A, $19.06 per hour effective June 24, 2014. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

HUMAN RESOURCES

Human Resource Assistant, Dena Pieper and County Attorney, James Austad met with the board to inform them that they are working on the employment listing and re-advertising once the Personal Committee meets to set the grade.

LAND SALE

County Auditor/Treasurer, Mark Hall and Deputy Auditor/Treasurer, Stacy Novak met with the board requesting approval for a County Land Sale. The following items were discussed: land sale minimum bids, notice of public sale of tax forfeited lands, terms of sale and resolution of support of tax forfeited land sale.

Motion

Motion was made by Commissioner Hanson to approve the list of tax forfeited lands and minimum bids as reviewed. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Resolution

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

 TAX FORFEITED LAND SALE

RESOLUTION NO. 14-06-05

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, that is 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.

The question was on the adoption of the resolution, and there were 5 yeas and 0 nays as follows:

County of Lake of the Woods

Board of County Commissioners                   YEA                NAY              ABSENT

Thomas Hanson                                              x

Patricia Beckel                                                x                                                                     

James Nordlof                                                 x

Kenneth Moorman                                          x                                             

Edward Arnesen                                             x         

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

Resolution

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

 NOTICE OF PUBLIC SALE OF TAX-FORFEITED LANDS

RESOLUTION NO. 14-06-06

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

CORRESPONDENCE:

  • MN Department of Commerce- July 16 at Lake of the Woods School at 1:00 p.m.
  • Advisory Task Force- August 12, 13 & 14
  • Rinke Noonan Letter
  • EDA Meeting on June 27, 2014
  • Wetland Work Session
  • SWCD Drainage Committee

With no further business before the board, Chair Beckel called the meeting to recess at 12:14 p.m.

Attest:                                                                                     Approved: July 8, 2014

________________________                                                _________________________________

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

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