MINUTES & AGENDAS
July, 2013
Commissioner Proceedings
July 9, 2013
The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 9, 2013 in the Commissioners’ Room at the Government Center.
Call to Order
Chairman Hanson 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, Ed Arnesen, Thomas Hanson, Buck Nordlof and Ken Moorman. Also present were: Chief Deputy Auditor, Lorene Hanson and Deputy Auditor Janet Rudd.
Approval of Agenda
Motion
Motion was made by Commissioner Moorman to approve the agenda with the following additions: Birch Beach/Sandy Shores, Human Resource Vacant Office, DOT Increased Surveillance at port of entry and Perspective Easement Public Hearing. 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 Beckel to approve the minutes of June 18, NWA meeting, June 18, regular meeting, June 19, Board of Appeal and Equalization meeting and June 25 regular meeting with changes. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.
Social Services
Social Service Director, Nancy Wendler met the board requesting approval of claims.
Motion
Motion was made by Commissioner Beckel to approve the claims against the county as follows:
Commissioner Warrants $ 5,344.08
Commissioner Warrants $10,301.52
The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.
Human Resources Vacant Office
Social Service Director, Nancy Wendler met the board to discuss the Human Resources Vacant Office and the need for office space for the Child Support Officer. The board referred this request to the Building Committee.
County Auditor
Claims
Chief Deputy Auditor, Lorene Hanson met with the board for approval of claims:
Motion
Motion was made by Commissioner Moorman to approve the claims as follows:
Revenue $ 34,249.30
Road and Bridge $357,725.08
Co. Devlp. $ 1,966.13
Solid Waste $ 26,420.13
EDA $ 493.48
$420,854.12
WARRANTS FOR PUBLICATION
Warrants Approved On 7/09/2013 For Payment 7/12/2013
Vendor Name Amount
Burg Electronic Recovery 7,980.00
Farmers Union Oil Co. 5,304.28
Fort Distributors Ltd 24,749.55
Hancock/Lee 2,050.00
Howard’s Oil Company 6,341.83
LOW Highway Dep 5,173.75
Mar-Kit Landfill 10,782.45
Mn Dept Of Natural Resources 8,282.81
Strata Corp, Inc 13,261.61
Titan Machinery – Roseau 5,878.13
University Of Mn 8,193.75
Voyageurs Comtronics, Inc 4,102.99
Widseth Smith Nolting&Asst Inc 2,682.80
Woody’s Service 5,930.14
Ziegler, Inc 286,208.04
66 Payments less than 2000 23,931.99
Final Total: 420,854.12
Further moved to authorize the payment of the following auditor warrants:
June 25, 2013 $ 29,873.18
June 27, 2013 $ 3,433.18
July 3, 2013 $ 90,110.46
July 3, 2013 $ 565.15
July 3, 2013 $ 12,585.42
July 3, 2013 $ 11,617.97
July 5, 2013 $ (11,617.97)
$ 136,567.39
The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.
DAVID FADNESS
Chairman Hanson informed David that he would be allowed to speak to the board in regards to his issue with his septic system failure, but no action would be taken. David explained his situation to the board.
PUBLIC WORKS
Maintenance Supervisor
Public Works Director, Tim Erickson met with the board to inform them that Maintenance Supervisor, Matt Mickelson is resigning effective September 30, 2013.
Motion
Motion was made by Commissioner Arnesen to accept the letter of resignation from Maintenance Supervisor, Matt Mickelson effective September 30, 2013. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously
Advertise for Program Solid Waste Manager
Public Works Director, Tim Erickson met with the board requesting authorization to advertise and interview for Solid Waste Program Manager.
Motion
Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson and Human Resource Director, Philip Miller to advertise and interview for Solid Waste Program Manager following the union contract. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Bridge Bonding
Public Works Director, Tim Erickson met with the board requesting approval to accept grant terms and conditions from the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of a bridge.
Resolution
The following resolution was offered by Commissioner Beckel and moved for adoption:
For Agreement to State Transportation Fund (Bridge Bonds)
Grant Terms and Conditions
Resolution No. 13-07-01
WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge No.39J35; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this bridge is available; and
WHEREAS, the amount of the grant has been determined to be $45,000.00 by reason of the lowest responsible bid;
NOW THEREFORE, be it resolved that Lake of the Woods County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, subdivision 5, clause (3), and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the bridge but not required.
The resolution was seconded by Commissioner Nordlof and the same being put to a vote,
DEPARTMENT OF TRANSPORTATION
Commissioner Arnesen discussed a concern from a constituent about the increase of surveillance at the port of entry at the NWA with the Department of Transportation. Public Works Director, Tim Erickson said that he would look into the matter, but new that there are new regulations that have or may have come into effect from the Federal Government on truck regulations.
Terry Waible-Ditch and Beaver Issues
Commissioner Beckel informed the board that Terry was not able to make the meeting and he had concerns with drainage and beaver issues that are accruing around his property. The board discussed the draining issue. The board requested the Lee Hancock get permission from the land owner to look over the dam and access the situation. Public Works Director, Tim Ericson recommended that they follow the Beaver Policy.
Cartway Petition
County Attorney, Philip Miller and Attorney Nora Crompton met with the board to discuss the cartway petition from David and Mary Schrant that are landlocked and are petitioning Lake of the Woods County to establish a cartwaty pursuant to Minn. Stat. § 164.08, subd. 2. County Attorney, Philip Miller reviewed the necessary steps to be completed before a public hearing can be held. Attorney Nora Crompton waived the 30 day requirement for the hearing to be held on a different date. The board original set the cartway hearing for July 23. County Attorney, Philip Miller informed the board that he along with Public Works Director, Tim Erickson and Land and Water Planning Director, Josh Stromlund will take care of all the requirements for the cartway hearing.
Motion
Motion was made by Commissioner Arnesen to rescind the motion made on June 25, 2013 for a Public Hearing for a Cartway for David and Mary Schrant that was set for July 23, 2013. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Motion
Motion was made by Commissioner Beckel to set the Public Hearing for Cartway for David and Mary Schrant for August 13, 2013 at 1:00 p.m. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.
Land and Water Planning
Land and Water Planning Director, Josh Stromlund met with the board requesting approval for the Final Program Allocation and Contribution Statement for FY12 for the Natural Resources Block Grant (NRBG).
Motion
Motion was made by Commissioner Beckel to authorize Chairman Hanson and Land and Water Planning Director, Josh Stromlund to sign the NRBG final program allocation and contribution statement for FY12. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
INTERIM EMERGENCY MANAGEMENT DIRECTOR
Interim Emergency Management Director, Christina Husbands met with the board and updated the board on the Hazard Mitigation Plan, Emergency Management Performance Grant Program and Emergency Planning Committee. Christina also informed the board that OSAH would come up and access the Government Center for security issue. Grant money would be available for cost of security measures.
Motion
Motion was made by Commissioner Moorman to authorize Interim Emergency Management Director, Christina Husbands to make an appointment for an OSAH Representative to come up and perform a security inspection for the Government Center. 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 11:32 a.m. and reconvened at 11:40 a.m. as follows:
COUNTY AUDITOR
Tax Forfeited Property
Chief Deputy Auditor, Lorene Hanson met with the board to discuss the County’s Tax-Forfeited property. The consensus of the board was to move forward with the process for a future Tax-Forfeited sale.
Northwest Regional Radio Board
Chief Deputy Auditor, Lorene Hanson met with the board to discuss the NW Regional Radio Board membership contribution in the amount of $3,000 for 2014.
Motion
Motion was made by Commissioner Arnesen to approve as stipulated in the Joint Powers Agreement with the NW Regional Radio Board the proposed 2014 budget and Lake of the Woods County Financial contribution of $3,000 with the funding from the Emergency Management Department. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.
BIRCH BEACH/SANDYSHORES
Commissioner Arnesen addressed the board about the group of citizens from Birch Beach, Sandy Shores division that met with the board on July 9, 2013 meeting about an access for walkers, four wheelers or golf carts to connect the two communities. Commissioner Arnesen reviewed the history of the Birch Beach, Sandy Shores division and the reasons why there is no road connecting the two communities, history of the flooding and wetland issues that happened in the past.
COORESPONDENCE
The board reviewed the Prescriptive Easements from the MN Department of Natural Resources that they will be holding a Public Hearing on August 7, at 6:00 p.m. in the Commissioners Room at the Government Center.
WORK SESSION
The board set a work session for July 15, 2013 at 2:00 p.m. for the Auditor/Treasurers Office and Maintenance Department.
OLD/NEW BUSINESS
The following Old/New Business was discussed with no action:
- Clementson Property
- Towers- Grain
Recess
With no further business before the board, Chairman Hanson called the meeting to recess at 12:29 p.m.
Attest: Approved: July 23, 2013
____________________________ _______________________________
Janet E. Rudd, Deputy Auditor Thomas Hanson, Chairman of the Board
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Commissioner Proceedings
July 23, 2013
The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 23, 2013 in the Commissioners’ Room at the Government Center.
Call to Order
Chairman Hanson 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, Ed Arnesen, Thomas Hanson, Buck Nordlof and Ken Moorman. Also present were: Chief Deputy Auditor, Lorene Hanson and Deputy Auditor Janet Rudd and Vicki Neesen.
Approval of Agenda
Motion
Motion was made by Commissioner Moorman to approve the agenda with the following additions: Historical Society and Wetlands Proposal Steering Committee. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.
Approval of Minutes
Motion
Motion was made by Commissioner Beckel to approve the minutes of July 9, regular meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.
Committee Reports
Commissioner Moorman reported the following:
June 20-HRDC
- Retirement of Executive Director, Cliff Tweedale after 38 years with HRDC, 13 as Executive Director.
- Public hearing for approval of 2014 budget.
- New program for acquisition- demolition aimed to remove deteriorated dwellings.
June 26- Lutheran Social Services Board
- Annual report highlights.
- Effects of sequestration on plans for 2013 and 2014.
July 17-Prevention Coalition
- Review of recent activities: Parade Float, County Fair, Positive Community Norms training.
- Media update
- Progress of compliance checks.
- Upcoming strengths training and strategic planning.
Social Services
Social Service Director, Nancy Wendler met the board requesting approval of claims.
Motion
Motion was made by Commissioner Moorman to approve the claims against the county as follows:
Commissioner Warrants $11,420.92
Commissioner Warrants $24,559.47
The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.
Poverty Guidelines
Social Service Director, Nancy Wendler met the board to inform them that she received the new 2013 Federal Department of Health and Human Services poverty guidelines.
Historical Society
Curator and Executive Director, Marlys Hirst met with the board requesting funds that were set aside for the addition to the Historical Society building in the amount of $50,000.
Motion
Motion was made by Commissioner Beckel to authorize payment of $50,000 to the Historical Society for the addition with the funding from the Con-Con fund. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.
County Auditor
Claims
Chief Deputy Auditor, Lorene Hanson met with the board for approval of claims:
Motion
Motion was made by Commissioner Arnesen to approve the claims as follows:
Revenue $ 53,457.88
Road and Bridge $ 55,327.95
Solid Waste $ 8,635.09
EDA $ 7,508.54
$124,929.46
WARRANTS FOR PUBLICATION
Warrants Approved On 7/23/2013 For Payment 7/26/2013
Vendor Name Amount
Anchor Marketing, Inc 3,452.04
Arnesen/Ed 2,009.42
Cenex Co-Op Services, Inc. 5,729.93
Envirotech Services Inc 27,141.13
Government Management Group, Inc 3,500.00
Hasler 4,000.00
Headwater Regional Development Commiss 8,500.00
Hitesman & Wold, PA 3,500.00
North East Technical Service,Inc 2,336.65
Northwest Community Action, Inc 2,556.50
R & Q Trucking, Inc 2,765.65
Short Elliott Hendrickson, Inc 11,960.00
Strata Corp, Inc 12,617.83
58 Payments less than 2000 34,860.31
Final Total: 124,929.46
Further moved to authorize the payment of the following auditor warrants:
July 10, 2013 $ 1,728.34
June 11, 2013 $ 71,079.90
July 19, 2013 $ 3,558.64
$ 76,366.88
The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Representative Erickson
Chairman Hanson informed the board that he received a letter from Representative Erickson in regards to wetland issues and looking for appointees to be on a steering committee. The board discussed who within the county should be on this committee.
Motion
Motion was made by Commissioner Beckel to appoint the following to the Wetland Steering Committee, Land and Water Planning Director, Josh Stromlund, Commissioner’s Arnesen and Moorman with Commissioners Beckel, Nordlof and Hanson as alternates. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.
SHERIFF
NW Regional Advisory Committee Appointment
County Sheriff, Gary Fish met with the board requesting approval to appoint Christina Husbands to the Regional Advisory Committee pursuant to the NW Minnesota Radio Board Joint Powers Agreement.
Motion
Motion was made by Commissioner Nordlof to appoint Christina Husbands to the Regional Advisory Committee and Chairman Hanson as the Alternate. 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 9:45 a.m. and reconvened at 9:55 a.m. as follows:
OLD/NEW BUSINESS
International Bridge- Replacement/Repairs
Clementson Park- DNR to research title
LAND AND WATER PLANNING
Steve Sindelir, Assistant Zoning Administrator and Cindy Snobeck met with the board and presented a Conditional Use Permit request from Darren and Cindy Snobeck to allow a commercial business consisting of transient short-term rental of an existing structure in a Residential District. The board reviewed the conditional use request, no comments were heard from the floor and the board reviewed the correspondence on the conditional use request. Assistant Zoning Administrator, Steve Sindelir informed the board that the Lake of the Wood County Planning Commissioner recommends approval for the Conditional Use Permit with conditions.
Lake of the Woods County Board of Commissioners
Findings of Fact and Decision
Name of Applicant: Darren and Cynthia Snobeck Date: July 10, 2013
Location/Legal Description: Lot 1, Block 1 of Rainy River Retreat Subdivision in section 24, Township 162N, Range 32 (Wheeler), Parcel 19.62.01.010
Project Proposal: Applicant is requesting to allow a commercial business consisting of transient short-term rental of an existing structure in a Residential District.
Application #: 13-01CU
- Is the project proposal consistent with the Lake of the Woods County Comprehensive Land UsePlan? YES (X) NO ( ) N/A ( )
Why or why not? Resort area and residential area.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES (X) NO ( ) N/A ( )
Why or why not? Should have no effect.
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading? YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover? YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?
YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
7. Is the site in harmony with existing and proposed access roads? YES (X) NO ( ) N/A ( )
Why or why not? No changes needed.
8. Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? Commercial on one side and residential on other.
9. Does the project proposal have a reasonable need to be in a shoreland location?
YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal YES (X) NO ( ) N/A ( )
Why or why not? Condition to upgrade of structure.
11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance? YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems?
YES (X) NO ( ) N/A ( )
Why or why not? To be addressed with upgrades.
13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties? YES ( ) NO (X) N/A ( )
Why or why not? Fencing not common in area.
16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? YES ( ) NO ( ) N/A (X)
Why or why not? ______________________________________________________
17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?
YES (X) NO ( ) N/A ( )
Why or why not? To make condition of permit.
The specific conditions of approval are as follows:
- Changes to structure (interior) must be approved by Land & Water Planning Office.
- Off street parking for unit(s) must be addressed.
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.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
______ _____________________________________
Thomas Hanson Chair, County Board of Commissioners
This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance
Motion
Motion was made by Commissioner Beckel to approve the Conditional Use Permit for Darren and Cindy Snobeck as recommended by the Lake of the Wood County Planning Commission to allow a commercial business consisting of transient short-term rental of an existing structure in a Residential District with the specific conditions of approval are as follows:
- Changes to structure (interior) must be approved by Land & Water Planning Office.
- Off street parking for unit(s) must be addressed.
The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.
OLD WILLIAMS SCHOOL-PHASE II STUDY
The board reviewed the Old Williams School –Phase II Study. Shanna Schmitt from the MN Pollution Control Division will be sending a letter summarizing the Phase II Study.
PUBLIC WORKS
Wheelage Tax
Public Works Director, Tim Erickson met with the board to discuss the option of imposing Wheelage Tax in Lake of the Woods County. The board discussed the administrative expenses that the State of Minnesota charges for the cost associated with the collection process and other unknowns.
Motion
Motion was made by Commissioner Arnesen was not to partake in the 2014 Wheelage Tax collection at this time. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.
Voluntary Early Retirement Agreement to Solid Waste Program Manager
Public Works Director, Tim Erickson met with the board requesting approval to offer the voluntary early retirement agreement to Solid Waste Program Manager Ed Spires.
Motion
Motion was made by Commissioner Arnesen to offer voluntary early retirement agreement to Solid Waste Program Manager Ed Spires until he reaches Medicare age with full premium rate for Union Insurance. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.
Work Session
Public Works Director, Tim Erickson met with the board to discuss the possible realignment of the Building and Grounds Department. The board set a Work Session for July 29, at 10:00 a.m.
RECESS
The meeting was called to recess at 10:58 a.m. and reconvened at 11:05 a.m. as follows:
COUNTY AUDITOR
Auditor/Treasurer
County Treasurer, Mark E. Hall met with the board to discuss the combining of the two offices.
Resolution
The following resolution was offered by Commissioner Arnesen and moved for adoption:
Combining of Lake of the Woods County Auditor’s Office and County Treasurers Office
Pursuant to MN Statute §375A.11 Consolidation of Duties of County Offices
2013-07-01-02
WHEREAS, the elected Office of Lake of the Woods County Auditor was recently held by John W. Hoscheid; and
WHEREAS, John W. Hoscheid resigned effective on May 15, 2013, with the current term ending January 5, 2015;
WHEREAS, as permitted by Minnesota Statute §375A.11, the Lake of the Woods County Board of Commissioners hereby assigns all of the County Auditor’s duties to Mark E. Hall, Lake of the Woods County Treasurer;
NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners, as provided in Minnesota Statutes § 375A.11, does hereby assign to Mark E. Hall, Lake of the Woods County Treasurer, all of the duties of the Office of Lake of the Woods County Auditor effective July 23, 2013, with a annual salary of $68,467.83 through the end of the term on January 5, 2015.
The resolution was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.
Auditor/Treasure Property Tax Administrator
Auditor/Treasurer Mark E. Hall met with the board requesting authorization to advertise, interview and hire a Property Tax Administrator for the office.
Motion
Motion was made by Commissioner Moorman to authorize County Auditor/Treasurer, Mark E. Hall and Human Resource Director, Philip Miller to advertise, interview and hire a Property Tax Administrator. The motion was seconded by Commissioner Beckel and the same being put to a vote, was unanimously carried.
RECESS
The meeting was called to recess at 10:58 a.m. and reconvened at 11:25a.m. as follows:
LAKE OF THE WOODS TOURISM BUREAU
Lake of the Woods Tourism Bureau Director, Joe Henry met with the board to review the 2012 Tourism Activities and Revenues.
COORESPONDENCE
The board reviewed Birch Beach/Sandy Shores Letter.
Recess
With no further business before the board, Chairman Hanson called the meeting to recess at 12:48 p.m.
Attest: Approved: August 13, 2013
____________________________ _______________________________
Janet E. Rudd, Deputy Auditor Thomas Hanson, Chairman of the Board