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COUNTY BOARD

October, 2012

Commissioner Proceedings

October 9, 2012

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 9, 2012. Chairman Todd Beckel called the meeting to order at 9:07 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Todd Beckel, Arnesen, Tom Hanson, and Ken Moorman. Commissioner Patty Beckel was absent due to a Compensation Meeting and will join the meeting later. Also present were: County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, John Oren and Brian Peterson.

Approval of Agenda

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

Approval of Consent Agenda

Motion was made by Commissioner Hanson to approve the consent agenda as follows: Consent requested for Boyd Johnson to attend 2012 Bridge Construction Courses at MnDOT Training & Conference Center in Shoreview, MN on the following dates:  January 29 through February 1, 2013;  February 4 through February 8, 2013; and February 11 through February 15, 2013.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Minutes

Motion was made by Commissioner Moorman to approve September 25, 2012 regular board minutes. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval to purchase ARMER Radio’s and the installation cost.

Motion

Motion was made by Commissioner Todd Beckel to approve the purchase for MHZ ARMER Radio Band, Antenna, and Labor for the Sherriff’s Office in the amount of $6,758.19 with the funds from the Radio Grant. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

AUDITOR

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

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

                                      Revenue                   $           57,312.62       

                                      Road & Bridge        $           28,573.47

                                      County Develp.       $                200.00

                                      Solid Waste             $            16,720.37

                                      EDA                        $              1,589.89       

                      104,396.35       

WARRANTS FOR PUBLICATION

Warrants Approved On 10/09/2012 For Payment 10/12/2012

Vendor Name                                      Amount

Cenex Co-Op Services, Inc.                  12,645.27

Howard’s Oil Company                            4,020.05

LOW County Treasurer                            2,286.66

LOW Highway Dept                                 2,962.50

Mn State Dept-Correction                      12,765.55

R & Q Trucking, Inc                                  3,145.10

Roseau County Cooperative Assn         2,150.18

Sanford Medical Center                           5,023.00

Sawyer Training, Inc                                8,800.00

T-C Lighting                                              5,227.08

University Of Mn                                       8,112.51

Voyageurs Communications, Inc           2,744.42

Voyageurs Comtronics, Inc                     3,602.40

Woody’s Service                                       6,848.19

66  Payments less than 2000    24,063.44

Final Total:   104,396.35

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

                                                September 26, 2012           $         1,220.32

                                                September 26, 2012           $            181.78

                                                September 26, 2012           $   1,451,998.13        

                                                October 3, 2012                 $         3,969.01

                                                October 3, 2012                 $       94,475.37

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

Exempt Gambling Permit-NW MN Fraternal Order of Police

County Auditor, John W. Hoscheid requested approval for an Exempt Gambling Permit for the NW MN Fraternal Order of Police to hold a raffle on February 25, 2013.

Motion

Motion was made by Commissioner Moorman to approve the exempt gabling permit for the Fraternal Order of Police NW MN Lodge #8 to conduct a lawful gambling for a raffle on February 25, 2013 at Sportsman’s Lodge and authorize County Auditor to sign. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

County Health Insurance

County Auditor, John W. Hoscheid met with the board to discuss the County Health Insurance increase in rates for 2013. The Commissioners requested that he create a spreadsheet that would show the cost of increasing the counties share by $10.00 and $25.00 and what the yearly cost would be.

Short Elliott Hendrickson, Inc. (SEH)

County Auditor, John W. Hoscheid presented the SEH agreement to the board for approval.

Motion

Motion was made by Commissioner Arnesen to approve the agreement between Lake of the Woods County and Short Elliott Hendrickson, Inc. to perform Architectural, Engineering and/or other Professional Services for the project at the proposed Northwest Angle Airport, for an Initial Feasibility Study and authorize Chairman Todd Beckel and County Attorney to sign. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

County Land

County Auditor, John W. Hoscheid met with the board and informed them that the Land Committee met and looked at all county lands that would be available to sell. The committee will bring back a packet of information on all lands the county owns.

Commissioner Patty Beckel joined the meeting at 10:00 a.m.

RECESS

The meeting was called to recess at 10:07 a.m. and reconvened at 10:18 a.m. as follows:

Phone Consultations Findings

MIS Director, Brent Birkeland and Pat Daniels via teleconference from Elert Associates met with the board and reviewed the needs assessment. The major findings were the existing Lucent/Avaya telephone and voice mail system has reached its end of life and no longer has guaranteed manufacturers support.

The board requested that MIS Director to move forward with a Request for Proposal for a new system.

SOCIAL SERVICES

Claims

Social Service Financial Officer, Christine Hultman met with the board requesting approval of claims:

Motion

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

                                                Commissioner Warrants        $   11,312.64                                                                                                     Commissioner Warrants        $     5,664.11

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

Land and Water Planning Director

Block Grant

Land and Water Planning Director, Josh Stromlund met with the board requesting approval for the 2013 Natural Resource Block Grant.

Motion

Motion was made by Commissioner Arnesen to authorize the Land and Water Planning Director Josh Stromlund and Chairman Todd Beckel to sign the 2013 State of Minnesota Board of Water & Soil Resources NRBG agreement and program allocation and contribution plan. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

SWCD

SWCD Resource Technician, Mike Hirst met with the board to discuss the bags of garbage that were  left on the ice this past season. Mike informed the board that the Lake of the Woods County Water Plan committee met and developed strategies to address this issue. The committee’s objectives over the next two (2) years are:

  • Convene a task force
  • Develop education  efforts
  • Two billboards
  • Signs at four lake access points
  • Publicity; newspaper article, web, social media, etc
  • Place dumpster at 4 heavy use lake access locations
  • Partner with Friends of Zippel Bay State Park/MN Conservation    Corps and other organizations to clean up the State Park, Pine and Curry Island and Natural Area’s Shoreline
  • Work with local officials to develop and implement a strategy to    minimize littering on the lake

Commissioner Arnesen will represent the county on the Task Force committee.

LAKE O F THE WOODS SUSTAINABILITY FOUNDATION

Lake of the Woods Sustainability Foundation Executive Director, Todd Sellers met with the board and gave an update on the international coordination of research and management of water quality on  Lake of the Woods and future plans.

Recess

The meeting was called to recess at 11:58 a.m. and reconvened at 11:57 a.m. as follows:

Closed Session- MN Statute §13D.03-Union Negotiations

Motion

Motion was made by Commissioner Arnesen to close the regular meeting at 11:58 a.m. and open the Closed Session pursuant to MN Statute § 13D.03, Union negotiations. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Members present: Commissioners Moorman, Arnesen, Todd Beckel, Hanson and Patty Beckel. Others present, Human Resource Director, Wade Johannesen.

Motion

Motion was made by Commissioner Arnesen to close the closed session at 12:20 p.m. and reconvene 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 12:21 p.m. and reconvened at 1:15 p.m. as follows:

Vets Service Officer

Veterans Service Officer, Rick Rone met with the board to discuss the Veterans Service Office and the Veterans Service Policy. The policy will be placed on the January 2013 agenda.

Human Resources

Human Resource Director, Wade Johannesen met with the board to discuss his contract as Human Resource Director.

Motion

Motion was made by Commissioner Arnesen to enter into a Professional Services Contract between Lake of the Woods County and Wade Johannesen for Human Resource Service effective October 19, 2012 and terminating October 18, 2013. The motion was seconded by Commissioner Patty Beckel. The vote carried as follows: Voting for: Commissioners Patty Beckel, Arnesen, Moorman and Hanson. Voting against: Commissioner Todd Beckel.

Compensation Plan

Commissioner Patty Beckel informed the board that the Compensation Committee met this morning and went over the appeal process that will be in place for the next couple weeks for those who feel that their job description should be reviewed or changed.

Con-Con Funds Appropriations

Chairman Todd Beckel discussed the ConCon request from the local organizations. The board reviewed the individual request.

Motion

Motion was made by Commissioner Todd Beckel to contribute $55,000 to the Historical Society for land acquisition and expansion with the funding from the ConCon funds. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to make allocations to the above organizations from the ConCon funds, payable 2013:

LAKE OF THE WOODS COUNTY DEVELOPMENT 2013COST
  Baudette Arena Assoc-          15,000.00
  Williams Arena Assoc-            5,000.00
  Anchor Marketing          15,000.00
  LOW Historical Society          12,500.00
  Baudette Community Foundation – Grand Theater-(for five years)            4,000.00
  University of MN Extension- (summer staffing)            2,000.00
  Baudette Chamber – Chamber Projects            2,500.00
  LOW Humane Society – Support            1,000.00
  Joint Powers Natural Resources Board            1,000.00
  LOW Sr Fishing (LOW Chapter)            1,500.00
  Rinke-Noonan-Retainer-Drainage            2,400.00
  St Louis County Aud-  (NCLUCB)            2,000.00
  Take A Kid Fishing                600.00
  Widseth Smith Nolting- (re-monumentation)          16,000.00
  Auditing Fees                800.00
          81,300.00

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

Recess

The meeting was called to recess at 2:58 p.m. and reconvened at 7:00 p.m. as follows:

Public Hearing- ATV Ordinance

Motion

Motion was made by Commissioner Patty Beckel to close the regular meeting at 7:01 and open the Public Hearing as advertised for consideration of adoption of ATV Ordinance. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Chairman Todd Beckel welcomed the public to the hearing. Public Works Director, Tim Erickson and Commissioner Moorman reviewed the ATV ordinance with the board and public.

Chairman Todd Beckel opened the floor for comments. The main concern of the public was the speed limit of 20 mile per hour.

One letter was received from MNDNR Parks & Trails staff and that they did not have any issues with the proposed ordinance.

Chairman Todd Beckel thanked the public for attending the Public Hearing.

Motion

Motion was made by Commissioner Hanson to close the Public Hearing and open the regular meeting at 7:56 p.m. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Recess

With no further business before the County Board, Chairman Todd Beckel called the meeting to recess at 7:57 p.m.

Attest:                                                                                     Approved: October 23, 2012

_______________________________                                  _______________________________

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

Commissioner Proceedings

October 23, 2012

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 23, 2012. Vice-Chairman Tom Hanson called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners, Arnesen, Tom Hanson, Ken Moorman and Patty Beckel. Commissioner Todd Beckel was absent due to a Wetland Meeting. Also present were: County Auditor, John W. Hoscheid, Deputy Auditor Janet Rudd, John Oren and Brian Peterson.

Approval of Agenda

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Travel for Dale Boretski, Mary Jo Otten and Lorene Hanson, Veteran Services Grant, Joe Morisch and Ben Duick- off of probation and Towers. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion was made by Commissioner Patty Beckel to approve the consent agenda as follows: Travel for Cooper Mickelson to Bemidji on April 15-16 for Construction Site Management Training; Dan Crompton to Bemidji on April 17 for Construction Site Management Recertification Training; Holly House to Bemidji on November 6-7 for THIRA training; Dale Boretski to Thief River Falls on October 30-31 for Property Valuation Course; Mary Jo Otten to St. Paul on October 23-24 for Gas and Electric Forum and Lorene Hanson to St. Paul on November 14-15 for State Auditor Annual Training.  The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Minutes

Motion was made by Commissioner Moorman to approve October 9, 2012 regular board minutes with changes. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

SOCIAL SERVICES

Claims

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

Motion

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

                                                Commissioner Warrants        $   23,999.45                                                                                                     Commissioner Warrants        $     5,701.69

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

County Financial Worker and Case Aide Day

Social Service Director, Nancy Wendler informed the board that Governor Dayton Proclaimed October 17, 2012 as County Financial Workers and Case Aides day for all their dedicated work providing outstanding services to the people of Minnesota through their administration of public assistance programs.

Lake of the Woods County Board of Commissioners congratulated the Social Services Financial Workers and Case Aides for their dedicated service for Lake of the Woods County clients.

Lakewood health Center Contract- LTCC, Skilled Nursing PHN Case Mgt Service

Social Service Director, Nancy Wendler met with the board requesting approval to enter into a contract with Lakewood Health Center and lake of the Woods County Social Services department for home and community based services.

Motion

Motion was made by Commissioner Arnesen to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for July 1, 2012 to December 31, 2013, for the provision of home and community based services including long term care consultation, skilled nursing services, and public health nurse case management services, and to authorize Vice -Chairman Tom Hanson and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Out of State Travel

Social Service Director, Nancy Wendler met with the board and informed the board that Social Worker, Jodi Ferrier wrote a grant scholarship to the Department of Human Services for funding to attend a National Conference for “The Differential Response Conference” that will be held in Henderson, NV.   Minnesota Department of Human Services only granted twelve (12) grants in the amount of $1,000 each and Jodi’s grant was one of the recipients of this grant.

Motion

Motion was made by Commissioner Moorman to authorize Social Service Director, Nancy Wendler to allow Social Worker, Jodi Ferrier to attend the National Conference for “The Differential Response Conference in Henderson NV November 11-14, 2012. The motion was seconded by Commissioner Arnesen and the same being put t a vote, was unanimously carried.

AUDITOR

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

Motion was made by Commissioner Patty Beckel to approve the claims against the county with the exception of vendor no. 90 for further clarification:

                                      Revenue                   $           35,353.41       

                                      Road & Bridge        $           23,001.35

                                      Solid Waste             $           12,573.44

                                      EDA                        $              5,167.27       

                        76,095.47       

WARRANTS FOR PUBLICATION

Warrants Approved On 10/23/2012 For Payment 10/26/2012

Vendor Name                                                       Amount

Anchor Marketing, Inc                                                           2,200.70

Dynamic Imaging Systems, Inc                                           3,020.14

Emergency Communications Network, LLC                        5,000.00

Government Management Group, Inc                                 3,500.00

Johannesen/Wade                                                               2,762.00

LOW Marine, Inc                                                                    3,608.73

Mar-Kit Landfill                                                                     10,964.50

Mn Assn Of Counties                                                           2,175.00

Northwest Community Action, Inc                                        2,935.76

Ps Doors                                                                                3,574.94

Traffic Marking Service, Inc.                                              18,606.10

46 Payments less than 2000       21,356.33

Final Total:   79,704.20

This is the final payment; Vendor No. 90 was approved later in the meeting

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

                                                October 8, 2012                 $           (72.00)

                                                October 8, 2012                 $       71,642.85

                                                October 11, 2012               $       21,226.22

                                                October 17, 2012               $     197,841.93               

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

Small Cities Grant

John Wynne, from Wynne Consulting met with the board requesting approval to apply for the Small Cities pre-application grant. John explained that last year when they applied there was a change in policy; so therefore, they will apply again this year with no cost to the county.

Motion

Motion was made by Commissioner Patty Beckel to approve Wynne Consulting proposal to prepare and submit the required material for the Small Cities Development Grant for the pre-application. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

AIRPORT COMMISSION

County Auditor, John W. Hoscheid and Commissioner Patty Beckel informed the board that the Baudette/Lake of the Woods Airport has completed the runway and payment of $32,149 is due.

Motion

Motion was made by Commissioner Patty Beckel to disburse $32,149.00 to the City of Baudette, Airport Commission for the Parallel Taxiway Reconstruction Project (FAA Project No. 3-27-0009-10-11, State Project 3901-45) with the funding from the ConCon fund. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Department of Revenue- Tax Calculation Course

County Auditor, John W. Hoscheid informed the board that Minnesota Department of Revenue requires that at least one person in the county needs to attain certification for tax calculation to fulfill the statutory requirements under M.S. 273.0755. John explained that it provides the necessary training to certify county officials in tax calculation and that this training ensures that taxpayers will have someone at the county level to turn to who can manually work through a tax calculation and explain how their tax amounts are determined. Chief Deputy Auditor, Lorene Hanson took the exam and passed the tax calculation course and is now certified for four years.

Lake of the Woods County Board of Commissioners congratulated Lorene Hanson on her Certification of Compliance.

Prevention coalition

Prevention Coalition Director, Tammie Doebler met with the board and presented the Lake of the Woods Prevention Coalition 1st quarter report.

Motion

Motion was made by Commissioner Moorman to approve the 1st Quarter Financial Report and authorize Vice-Chairman, Tom Hanson and Social Service Financial Officer, Christine Hultman to sign. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

VETERANS SERVICE OFFICER

Grant

Vice-Chairman, Tom Hanson presented a resolution for support for a Grant Contract with the Minnesota Department of Veterans Affairs for funding in the amount of $2,298.

Resolution

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

County Veterans Service Office Community Outreach Grant

Resolution No. 2012-10-01

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Community Outreach Grant Program. The grant must be used for community outreach as defined in Minnesota Statutes, section 197.608, to all eligible veterans regarding the availability of benefits the have earned and especially those relating to posttraumatic stress disorder for all veterans, including World War II, Korean War, and Vietnam War era veterans, and should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Commissioner Tom Hanson, the Vice-Chairman, be authorized to execute the attached Grant Contract for the above- mentioned Program on behalf of the County.

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

WHEREUPON, the above resolution was adopted by Lake of the Woods County Board of Commissioners this 23rd day of October, 2012.

AMC DISTRICT 2 MEETING

Vice-Chairman, Tom Hanson reminded the Commissioners of the District 2 Meeting in Bemidji on October 24, 2012 at 8:00 a.m.

COUNTY RECORDER

I Doc Market

County Recorder, Sue Ney met with the board and requested approval to set fees for the I Doc Market, which will enable customers to view their index and to print documents online. The system is hosted by Tyler Technologies, as well as the payment process.

Motion

Motion was made by Commissioner Arnesen to set the pricing for access to the Lake of the Woods County Recorder’s database, as hosted by Tyler Technologies as follows:

Monthly Limited                   Monthly Unlimited

Day Pass                                 Plan                                        Plan

Unlimited searching                Unlimited searching                Unlimited searching

$1/view (3 free)                       $0.50/view (100 free)              Unlimited views         

$0.50/print                               $0.50/print                               $0.50/print (500 free)

$8                                            $50                                          $150

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

e-Recordings

County Recorder, Sue Ney met with the board and requested approval to accept e-recordings, which submitters send documents electronically, and then the office will process and return the same day. First plan is to accept satisfactions and assignments of mortgages and then progress into deeds and mortgages by January 2013.

Motion

Motion was made by Commissioner Moorman to allow the County Recorder’s Office to accept e-Recordings from trusted submitters as defined by the ERER Commission. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

COUNTY ASSESSOR

Electronic Certificate of Real Estate Value(eCRV)

County Assessor, Mary Jo Otten met with the board and requested approval to allow the County Assessors office to accept Certificate of Real Estate Value (CRV) electronically. CRV’s are required to document a sale of property in Minnesota, which is reviewed by the County and the Department of Revenue to verify sale terms and ensure fair and equitable property tax  assessments statewide. The cost of the eCRV program is $625 and a Public Terminal is required.

Motion

Motion was made by Commissioner Patty Beckel to allow the County Assessor’s Office to process eCRVs on-line with the cost of $625 and the funding from the Enhancement Fund. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund- none

Land Trade- working on County Owned Lands

Red Lake Tribe/NWA Issues- meeting was cancelled

Township Road Inventory/ATV Ordinance-remove ATV from Old/New

Inventory-none

Beaver –management policy update

Clementson Bridge Property/Water Accesses- conditional use permit

2012 Goals and Projects-appeals in process on Compensation plan

Grant Policy and Expenditures- Human Resources

L/W Area Park & Trails-rural money for parks and trails

L/W Broadband/Communications- moving forward

Towers- precision agriculture technology

CONSIDERATION OF ADOPTION OF ATV ORDIANCE

Vice-Chairman, Tom Hanson inquired if the board had any concerns or reservation on the proposed ATV Ordinance for Lake of the Woods County. Commissioner Moorman informed the board that

the committee changed the Ordinance to read “at a rate of speed greater than reasonable or proper under the surrounding circumstances”, instead of the 20 mile speed limit that was in the Ordinance, for that was the main concern the constituents had that attended the public hearing.

Resolution

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

Lake of the Woods County ATV Ordinance

Resolution No. 12-10-03

WHEREAS; Minnesota Statutes §84.92-84.928 generally regulates the use of all terrain vehicles within the right of way for trunk highways, county state aid highways, and county roads;

WHEREAS; Minnesota Statutes § 84.928, subd. 6 (c) (2) authorizes counties to enact an ordinance which provides for the operation of all-terrain vehicles;

WHEREAS; Lake of the Woods County Board of Commissioners held a public hearing on October 9, 2012 to hear public comments on the proposed Lake of the Woods ATV Ordinance;

NOW THEREFORE, BE IT RESOLVED, THAT; Lake of the Woods County Board of Commissioners hereby approves the Lake of the Woods ATV Ordinance.

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

ORDINANCE-ATV

LAKE OF THE WOODS COUNTY ORDINANCE

FOR THE MANAGEMENT OF ALL TERRAIN VEHICLES

IN THE PUBLIC RIGHT OF WAY ON ROADS

WITHIN THE COUNTY’S JURISDICTION

THE COUNTY BOARD OF LAKE OF THE WOODS COUNTY DOES ORDAIN:

Subdivision 1.  Purpose and intent.

WHEREAS, Minnesota Statutes §84.92-84.928 generally regulate the use of all terrain vehicles within the right of way for trunk highways, county state aid highways, and county roads. Pursuant to Minnesota Statute §84.928, subd. 6 (c)(2) and, consistent with this ordinance, and to provide for the health, safety and welfare of its citizens, and to ensure the integrity of roads falling under the jurisdiction of Lake of the Woods County, this Ordinance is enacted to regulate the use of all-terrain vehicles on county state aid highways, county roads, and unorganized township roads within Lake of the Woods County. 

WHEREAS, Minnesota Statutes § 84.928, subd. 6 (c)(2) authorizes counties to enact an ordinance which provide for the operation of all-terrain vehicle on a road right of way shoulder, or inside bank or slope of a county highway or county state-aid highway if safe operation in the ditch or outside slope is impossible and the county posts the appropriate notice, notwithstanding any law to the contrary.

WHEREAS, Lake of the Woods County recognizes that county residents are also interested in using their ATV’s on county maintained roads to access other areas without having to trailer their ATV’s.

WHEREAS, the Lake of the Woods County Board of Commissioners, the Lake of the Woods County Sheriff, and the Lake of the Woods County Public Works Director will re-evaluate this Ordinance permitting operation of all-terrain vehicles on the extreme right shoulder of all roads under county jurisdiction in the manner set forth in this ordinance after a period of one (1) year from the enactment of this Ordinance.  At this re-evaluation, this Ordinance, along with all Incident Case Reports, shall be reviewed.  At that time, this Ordinance may be modified or renewed for another one (1) year period or completely terminated.

Subdivision 2. Definitions.

            The following definitions apply to this Ordinance:

  • ATV or All Terrain Vehicle shall mean a Class 1 All-Terrain Vehicle, as defined in Minn. Stat. §84.92, subd. 9.
  • County means the County of Lake of the Woods, Minnesota.
  • County Maintained Roads means all County State-Aid Highways, County Roads, and Unorganized Township Roads outside of an incorporated municipality located in Lake of the Woods County.  State highways and city streets are not included in this ordinance.

Subdivision 3. Findings

WHEREAS, Pursuant to Minnesota Statute §84.928, subd. 6(c), the County makes the following findings:

  • That most of the county maintained roads are in an area of the County that is generally flat and contains numerous and extensive lowlands.
  • That a portion of the terrain adjacent to these roads is such that travel by ATV’s in the ditch or outside slopes of such roads is not possible.
  • That a portion of County maintained roads do not have ditches and that brush, trees and other vegetation exist immediately adjacent to the edge of the roadway.
  • That reconstructed roads have well vegetated slopes and ditch bottoms costing several thousand dollars per mile to establish and should not be damaged or destroyed.

Subdivision 4.  Regulations for Operation on County Maintained Roads

  • Persons operating all terrain vehicles on any County maintained roadways, outside incorporated municipalities, must operate the all terrain vehicle on the extreme right hand side of the road, making left turns across the road only if it is safe to do so under prevailing conditions.
  • Persons operating all terrain vehicles within the right of way of any of the county maintained roadways shall not operate their ATV on the inside slope, ditch bottom or outside slope of the right of way.
  • Except as otherwise provided in this Ordinance, operation of all terrain vehicles shall be in compliance with Minnesota Statutes §84.92 – 84.928, as well as any other federal, state, or local rule or regulation as it applies to sections in this ordinance.
  • No person shall operate an ATV, or other motorized vehicle, on the bike trail between Baudette and the Lake of the Woods School or any other trail where motorized vehicles are prohibited.
  • No person shall operate an ATV on Lake of the Woods County maintained roads at a rate of speed greater than reasonable or proper under the surrounding circumstances.

Subdivision 5.  Information gathering for program

The Lake of the Woods Sheriff’s Office shall collect and compile Incident Case Report data reported to the Sheriff’s Office from the public regarding ATV use on county maintained roads. In addition, complaints received by County Board members will be received and recorded.

Subdivision 6.  Penalties

Any person who violates any provision of this ordinance is guilty of a misdemeanor as defined in Minn. Stat. §609.02, subd. 3.

Subdivision 7.  Effectuation

This Ordinance, as amended, shall take effect and be in full force October 23, 2012 upon its adoption by the Lake of the Woods County Board of Commissioners, and its publication in the official newspaper of Lake of the Woods County as provided by Minnesota Statutes; unless otherwise terminated by further resolution of the Lake of the Woods County Board.

Dated this 23rd, day of October, 2012

LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS

By                                                                                 

Tom Hanson

Vice-Chairman, Lake of the Woods County Board of Commissioners

ATTEST:

By                                                                               

John W. Hoscheid

Lake of the Woods County Auditor  

SHERIFF

Utility Trailer

County Sheriff, Gary Fish met with the board requesting authorization to purchase a utility trailer.

Motion

Motion was made by Commissioner Patty Beckel to authorize County Sheriff, Gary Fish to purchase a 2012 Bear Track tandem Utility Trailer in the amount of $2,795 with the fund from the 2012 ATV Grant. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Part-Time Deputy Sheriff-PERA Police and Fire

County Sheriff, Gary Fish requested that Part-time Deputy Sheriff, Jason Goulet be placed on the Police and Fire PERA Plan. No action was taken. The board decided to set a policy on Sheriff’s PERA Plans.

Completion of Probationary Period

County Sheriff, Gary Fish met with the board informing the board that Deputy Sheriffs Benjamin Duick and Joseph Morisch have completed their probationary period with a satisfactory review and is requesting a step increase for both Deputies.

Motion

Motion was made by Commissioners Moorman to approve a one step merit adjustment (grade 11 step 2) for completion of a satisfactory probation period for Deputy Sheriffs Benjamin Duick and Joseph Morisch effective October 28, 2012. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Probationary Period

County Sheriff, Gary Fish met with the board informing the board that Deputy Sheriff, Arlen Block probationary period will be completed on November 13, 2012 and requested a merit adjustment for a satisfactory review.

Motion

Motion was made by Commissioner Patty Beckel to approve a one step merit adjustment (grade 11 step 2) for completion of a satisfactory probation period for Deputy Sheriff Arlen Block effective November 11, 2012. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Claim No. 90

Vice-Chairman Tom Hanson discussed Claim No. 90 that was not approved this morning with County Sheriff, Gary Fish.

Motion

Motion was made by Commissioner Patty Beckel to pay claim No. 90. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimsly carried.

PUBLIC WORKS

NW Angel Split Job Duties

Public Works Director, Tim Erickson and County Sheriff, Gary Fish met with the board to discuss the Split duties for the part-time NW Angle Solid Waste Processor and part-time Deputy Sheriff and what salary and hours that would apply to this split job.

Motion

Motion was made by Commissioner Arnesen to set the hours of 20 hours per week for the part-time Deputy Sheriff at grade 11 step 1 and the part-time Solid Waste Processor at 10 hour per week at grade 10 step 1 effective October 14, 2012. The motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

COUNTY EXTENSION

County Auditor, John W. Hoscheid and Commissioner Patty Beckel discussed the Extension meeting that was held on October 22, 2012 and informed the board that University of Minnesota Regional Director, Deb Zak  received from Dean of Extension, Bev Durgan the “Dean’s Distinguished Award for Outstanding Leadership” , which is one of the highest awards and Extension employee can receive.

The board congratulated Deb Zak on her outstanding award.

Committee Reports

Commissioner Patty Beckel

  • Extension
  • GIZZIBBI

Commissioner Moorman

  • Ø  Area Aging Committee
  • Local Advisory-Mental Health

Commissioner Arnesen

  • MRCC
  • NWCA

Commissioner Hanson

  • Arrowhead Library Board

Recess

With no further business before the County Board, Vice Chairman Tom Hanson called the meeting to recess at 12:50 p.m.

Attest:                                                                                     Approved: November 13, 2012

_______________________________                                  __________________________________

John W. Hoscheid, County Auditor                                       Tom Hanson, Vice- Chairman of the Board