Commissioner Proceedings

December 10, 2009 

The Lake of the Woods County Board of Commissioners met in regular session on Thursday, December 10, 2009, in the Commissioners’ Room of the Lake of the Woods County Government Center. Call to OrderChair Patty Beckel called the meeting to order at 1:00 p.m. and the Pledge of Allegiance was recited with the following members present:  Commissioners:  Arnesen, Patty Beckel, Todd Beckel, Hanson and Moorman.  Also present were: County Auditor John W Hoscheid, Deputy Auditor Janet Rudd, Penny Mio Hirst, and John Oren. Approval of AgendaMotionMotion was made by Commissioner Hanson to approve the agenda for the meeting today with additions. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.   Approval of MinutesMotionMotion was made by Commissioner Moorman to approve the minutes of November 24, 2009 regular meeting and November 30, 2009 special meeting. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. Addition to AgendaMotionMotion was made by Commissioner Todd Beckel to add Land Acquisition to the agenda.  Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. Intent to Designate Property forOrderly Annexation, City of BaudetteThe board discussed the joint resolution establishing an orderly annexation agreement between the City of Baudette and Lake of the Woods County.Resolution JOINT RESOLUTION ESTABLISHING ANORDERLY ANNEXATION AGREEMENT BETWEEN THE CITY OF BAUDETTE AND LAKE OF THE WOODS COUNTY PURSUANT TO MINNESOTA STATUTES 414.0325 CITY OF BAUDETTE RESOLUTION NO. 2009-18 LAKE OF THE WOODS COUNTY RESOLUTION NO. 09-12-01 The following resolution was offered by Commissioner Todd Beckel and moved for adoption: WHEREAS, the City of Baudette (“City”) and the County of Lake of the Woods (“County”), both located entirely within Lake of the Woods County, in the State of Minnesota, desire to accommodate growth in a cooperative, planned, and orderly fashion; WHEREAS, the respective governing bodies of the City and County have expressed their desire to encourage future development of property near the City so as to promote the development of municipal services and urban growth as much as is practical, while respecting the existing rural residential lifestyles of other areas within the County; WHEREAS, this joint resolution creating an orderly annexation agreement (“Agreement”) is beneficial to both parties to promote orderly planning, the orderly transition of government within the area proposed to be annexed, promote continuity of City boundaries, and establishes the conditions under which such annexation shall take place; WHEREAS, on December 1, 2009 a Notice of Intent to include property in an orderly annexation area was published pursuant to the requirements of Minnesota Statutes 414.0325 Subd. 1b; NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions that follow, the City and County hereby enter into this Agreement to provide for the orderly annexation of the property herein described into the City upon the following terms and conditions: 1.                  Designated Area.  The unincorporated property designated for orderly annexation by this Agreement, and subject to its terms and conditions, is legally described in Exhibit A attached hereto, and is further described as that area set forth in the map attached hereto as Exhibit B (“Designated Area”).  2.                  Conferring Jurisdiction.  Upon approval by the respective governing bodies of the City and County, this Agreement shall confer jurisdiction upon the chief administrative law judge, as defined in Minnesota Statutes, Section 414.011, subdivision 12, (hereinafter “Chief Judge”) to accomplish said annexation in accordance with the terms of this Agreement.  3.                  Review and Comment by the Chief Judge.  The City and County mutually agree and state that this Agreement sets forth all the conditions for annexation and that no consideration by the Chief Judge is necessary for annexations to occur within the Designated Area in accordance with this Agreement.  Additionally, no alteration of the boundaries by the Chief Judge is appropriate.  The Chief Judge may review and comment, but shall, within 30 days, order the annexation in accordance with the terms of this Agreement. 4.                  Binding Contract.  This Agreement is a binding contract upon the parties and is enforceable in district court in the county containing the Designated Area. 5.                  Effective Date/Applicability.  This Agreement is effective on the date it is adopted by either the City or County, whichever was the last to act on this Agreement.  The annexation provided for by this Agreement shall be effective upon the issuance of the order by the Chief Judge.  The provisions of this Agreement shall be binding unless otherwise modified by a joint resolution of both the City and County. 6.                  Reasons for the Annexation.  The reasons for the annexation of the Designated Area include the City and County’s collective determination that: the Designated Area is now, or is about to become, urban or suburban in character; the City can more readily provide the types and level of services desired within the Designated Area; the type of the development proposed for the Designated Area is more consistent with development within the City; and that the annexation would be in the best interest of the property owners, the City, and the County . 7.         Authorization.  The appropriate officers of the City and County are hereby authorized to carry the terms of this Agreement into effect. 8.         Entire Agreement / Prior Agreement.  The terms, covenants, conditions, and provisions of this Agreement, including the Exhibit A and Exhibit B which are attached hereto and incorporated herein by reference, shall constitute the entire agreement between the parties.  Any prior joint resolutions or agreements regarding all or any portion of the Designated Area are superseded by, and shall not interfere with or otherwise control, the terms of this Agreement or the immediate annexation of the Designated Area. 9.         Governing Law.  This Agreement is made pursuant to, and shall be construed in accordance with, the laws of the State of Minnesota. 10.       Severability.  The provisions of this Agreement are severable.  If any provision herein is, for any reason, held by a court of competent jurisdiction to be invalid, contrary to law, unenforceable, or otherwise void, the remaining provisions will remain in full force and effect.  11.       Headings.  Headings are included solely for the purpose of reference and shall not be interpreted as a substantive provision of this Agreement. The resolution was seconded by Commissioner Hanson and the vote carried as follows: Voting for:                  Commissioners Todd Beckel, Hanson and Patty BeckelVoting against:            Commissioners Arnesen and Moorman Approved this 14^th day of December 2009, by the City of Baudette.                                                                               _____________________________________                                                                              Mayor                                                                               _____________________________________                                                                              City Clerk/Treasurer Approved this 10^th day of December, 2009, by Lake of the Woods County.                                                                                _____________________________________                                                                              Chairperson                                                                               _____________________________________                                                                              Clerk   EXHIBIT A JOINT RESOLUTION FORORDERLY ANNEXATION LEGAL DESCRIPTIONS Township 160 North, Range 31 West: N1/2 of SW1/4 of Section 2N1/2 of SE 1/4 of Section 2 SE1/4 of Section3NW1/4 of Section 3N1/2 of SW ¼ of Section 3 N1/2 of NE ¼ of Section 10 County AuditorHeadwaters Regional Development CommissionCounty Auditor, John W. Hoscheid presented the Minnesota City Participation Program Proposal to the Board and requested authorization for Board Chair to sign.MotionMotion was made by Commissioner Todd Beckel to authorize Chair Patty Beckel to sign the request for proposal for the 2010 Minnesota City Participation Program.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried. LakeWood Nursing ServicePublic Health Director, Michelle Brown and Nursing Staff Lisa Beil, Hope Milbrath and Patty Davidson met with the board and reviewed the services that Public Health provides within the community. Michelle requested approval of the Purchase of Service Agreement for 2010.MotionMotion was made by Commissioner Todd Beckel to approve the purchase of service agreement between Lake of the Woods County and LakeWood Health Center beginning January 1, 2010 and ending December 31, 2010.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. County TreasurerCounty Treasurer, Mark Hall met with the board and discussed the “Sweep” account. Mark informed the Board of the changes in the FDIC Deposit Insurance coverage for non interest-bearing transactions, which  will  remain in effect for participating institutions through December 31, 2009. County AuditorDeputy Auditor, Lorene Hanson met with the board requesting approval of claims. MotionMotion was made by Commissioner Hanson to approve the claims as follows:                                                 Revenue                                $ 37.252.23                                                              Road & Bridge                     $ 14,032.90                                                County Development           $   1,191.00                                                                   Solid Waste                          $ 17,883.38                                                                                             $  70,359.51  WARRANTS FOR PUBLICATIONWARRANTS APPROVED ON 12/10/2009 FOR PAYMENT 12/11/2009      AMOUNT   VENDOR NAME                                                                   AMOUNT   VENDOR NAME        1202.75 AFFILIATED COMPUTER SERVICES                                      917.21 AMERI PRIDE LINEN & APPAREL SE        4931.60 ED ARNESEN                                                                             310.07 AUTO VALUE ROSEAU          637.50 BLACKDUCK FIRE & SAFETY EQUIP                                      596.30 TERRY BROWN          593.18 BURGHER OFFICE EQUIPMENT                                            685.98 CANON FINANCIAL SERVICES INC        2056.62 CATCO                                                                                     3723.32 CENEX CO-OP SERVICES, INC.        9169.29 CPS TECHNOLOGY SOLUTIONS                                           747.06 D & L AUTO GLASS AND MORE, INC        1354.11 DODDS LUMBER                                                                       325.60 GALL’S, INC.          369.58 GCR TIRE CENTER                                                                1132.11 RICHARD GOODERUM          800.00 LEE HANCOCK                                                                          456.00 HITESMAN & ASSOCIATES, PA          664.08 HOLEN ELECTRIC                                                                    837.06 HOLTE IMPLEMENT, INC          313.98 LESLIE HUERD                                                                          587.18 LAKES GAS CO.          893.65 LOW COUNTY SOCIAL SERVICES                                         644.85 LOW FOODS        4294.48 LOW HIGHWAY DEPT                                                            9027.45 MAR-KIT LANDFILL          750.00 MN OFFICE OF ENTERPRISE TECHNO                                 886.60 MSOP-MN SEX OFFENDER PRGRM-462          512.15 NELSON’S COLLISION CENTER                                           3525.37 NORTHWEST ANGLE&ISLAND FREIGHT          568.39 NORTHWEST MECHANICAL SERVICE I                                 400.54 QUILL CORPORATION        1506.16 R & Q TRUCKING, INC                                                             400.00 RINKE-NOONAN        1184.00 RODERICK RONE JR                                                             1750.00 SJOBERG’S INC          400.00 SOFTREE TECHNICAL SYSTEMS INC                                  2664.61 TRIMBLE NAVIGATION LIMITED          608.92 WEST GROUP                                                                         2019.83 WIDSETH SMITH NOLTING&ASST INC          591.85 WILKENS INDUSTRIES45 PAYMENTS LESS THAN  $300       5,320.08                 FINAL TOTAL     $70,359.51  Further moved to authorize the payment of the following auditor warrants:                                                    November 24, 2009                  $    1,587.15                                                             November 25, 2009                  $    5,000.00                                                   December    1, 2009                 $   69,568.63                                                   December    2, 2009                 $   9,4598.71                                                             December    2, 2009                 $   49,763.72                                                             December    9, 2009                 $ 303,485.72                                                                                                                                                                                 The motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.                                                                                   2010 County Contribution for Health InsuranceDeputy Auditor, Lorene Hanson requested approval for county contribution for health insurance, City of Williams Tax-Forfeited Property, step increases and salary adjustments. The Board moved the commissioner’s salaries and per diems to the December 22, 2009 board meeting.MotionMotion was made by Commissioner Hanson to set the 2010 county contribution for family health insurance up to $875.00 per month and the single health insurance up to $525.00 per month.  The 2010 County Health Insurance with Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account. Seconded by Commissioner Arnesen and the vote carried as follows:  Voting for:  Commissioners: Hanson, Arnesen, Moorman and Patty Beckel.  Voting against: Commissioner Todd Beckel. ResolutionCity of Williams, tax-forfeited property The following resolution was proposed by Commissioner Moorman and moved for adoption: Conveyance of Tax-Forfeited PropertyTo City of Williams Resolution No. 09- 12- 02 WHEREAS, property described as: Lot 22, Auditor’s Plat No. 2, Williams, less .07 acre tract, has forfeited to the State of Minnesota, in trust for the taxing districts, for nonpayment of taxes, and, WHEREAS, the City Council of the City of Williams has made application, pursuant to M.S. 282.01, for conveyance of said property to the City of Williams, NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said application for conveyance of tax-forfeited property to the City of Williams. Resolution was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. Union Highway Maintenance Supervisor Step IncreaseMotionMotion was made by Commissioner Todd Beckel to give a two step increase according to the Highway Union Contract for Highway Maintenance Supervisor from grade 15, step 5 ( $22.53) to grade 15, step 7( $23.88) effective January 1, 2010. Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried. Three Year Tier PlanMotionMotion was made by Commissioner Todd Beckel to give a one step increase according to the Three-year Tier Plan that was adopted on August 28, 2007 to all eligible employees hired from December 30, 2002 to present, that received a positive performance review, effective January 1, 2010, in accordance with the Lake of the Woods County Compensation Plan.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. Full time/Permanent Part Time Employees Salary Adjustment(Excluding Elected/Non-Elected Department Heads)Motion- Highway UnionMotion was made by Commissioner Todd Beckel to adjust all, full time Highway Union employee’s salary by $0.50 cents per hour effective January 1, 2010.  Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. Motion- Solid Waste UnionMotion was made by Commissioner Todd Beckel to adjust all, full time Solid Waste Union employee’s salary by $0.50 cents per hour effective January 1, 2010.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. Motion- Non-UnionMotion was made by Commissioner Todd Beckel to adjust all non-union, full time and permanent part -time employees (excluding elected/non-elected department heads) salary by $0.30 cents per hour effective January 1, 2010.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. RecessThe meeting was called to recess at 3:00 p.m. and reconvened at 3:10 p.m. as follows: Social Services DepartmentClaimsSocial Services Director, Nancy Wendler met with the County Board requesting approval of claims.MotionMotion was made by Commissioner Todd Beckel to approve the following claims against the county:                                                 Commissioners’ Warrants         $ 24,238.89                                                Commissioners’ Warrants         $   5,226.20 Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. Recognition of Years of Service-Susan Johnson and Sandy HamanChair Patty Beckel on behalf of the board recognized Susan Johnson and Sandra Haman for their cooperation in the transition of the Community Support Program. ResolutionThe following resolution was offered by Commissioner Todd Beckel and moved for adoption: Resolution No. 09-12-03Years of Service Appreciation   WHEREAS, Sandra Haman  has worked for Lake of the Woods County Social Services and served the residents of Lake of the Woods County in the Community Support Program over the past several years;  WHEREAS, the Community Support Program is no longer a county operated program effective December 1, 2009; WHEREAS, Sandra is now employed by MeritCare Thief River Falls Northwest Medical Center as a Mental Health Practitioner NOW, THEREFORE, BE IT RESOLVED, that the County Board of Lake of the Woods County extends its deepest appreciation to Sandra Haman for her years of dedicated service.  Resolution was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.ResolutionThe following resolution was offered by Commissioner Moorman and moved for adoption: Resolution No. 09-12-04Years of Service Appreciation   WHEREAS, Susan Johnson  has worked for Lake of the Woods County Social Services and served the residents of Lake of the Woods County in the Community Support Program over the past several years; WHEREAS, the Community Support Program is no longer a county operated program effective December 1, 2009; WHEREAS, Susan is now employed by MeritCare Thief River Falls Northwest Medical Center as a Mental Health Practitioner, NOW, THEREFORE, BE IT RESOLVED, that the County Board of Lake of the Woods County extends its deepest appreciation to Susan Johnson for her years of dedicated service. Resolution was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.Contract RenewalsSocial Services Director, Nancy Wendler met with the board and requested approval for the following renewable contracts:MotionMotion was made by Commissioner Todd Beckel to approve the contract between the Occupational Development Center, Inc. and Lake of the Woods County Social Services for 2010, for the provision of employment and training services and independent living skills services, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same.Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried. Motion was made by Commissioner Moorman to approve the contract between Lutheran Social Services of Minnesota and Lake of the Woods County Social Services for 2010 for the provision of intensive in-home family based services and CADI /TBI family counseling and training services and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. Motion was made by Commissioner Patty Beckel to approve the contract between Lutheran Social Services and Lake of the Woods County Social Services for 2010 for the provision of home delivered meals, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. Motion was made by Commissioner Hanson to approve the contract between Lutheran Social Services and Lake of the Woods County Social Services for 2010 for the provision of waivered services caregiver training & education, respite care and companion services, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same. Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. Motion was made by Commissioner Arnesen to approve the Host County Contract between Riverview Health/Glenmore Recovery Center and Lake of the Woods County Social Services for 2010, for the provision of chemical dependency outpatient treatment services to residents from other counties, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.   Motion was made by Commissioner Todd Beckel to approve the contract between Riverview Health/Glenmore Recovery Center and Lake of the Woods County Social Services for 2010, for the provision of chemical dependency outpatient treatment, aftercare, public education, and training for agency staff, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried. Motion was made by Commissioner Moorman to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for 2010, for the provision of homemaker services, respite care services, companion services and personal care services and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. Motion was made by Commissioner Patty Beckel to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for 2010, for the provision of respite care services, companion services and caregiver training and educations services for the waivered programs, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. Motion was made by Commissioner Hanson to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for 2010, for the provision of professional nursing consultation, skilled nursing services, home health aide services, and in-service education and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign same.  Motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. Motion was made by Commissioner Arnesen to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for 2010, for the provision of long term care consultation, skilled nursing services, RN supervision for personal care assistants, homemaker, home health aide, and personal care assistant services, and public health nurse case management services for the waivered programs, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same. Motion was seconded by Commissioner Todd Beckel and the same being put to a vote was, unanimously carried.  Motion was made by Commissioner Todd Beckel to approve the contract between LakeWood Health Center and Lake of the Woods County Social Services for 2010, for the provision of housing with services for Alternative Care, Elderly Waiver, and Community Alternatives for Disabled Individuals programs, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign same.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried. Public Works DepartmentFinal PaymentsAssistant Engineer, Bill Sindelir met with the board and requested approval for final payment for Bowman Construction Co., Inc.  and Knife River Materials..   MotionMotion was made by Commissioner Arnesen to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-601-27 for Bowman Construction Co., Inc. of International Falls, MN in the total amount of $151,949.00 and hereby authorize final payment of $7,597.45.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.MotionMotion was made by Commissioner Todd Beckel to accept the County Public Works Director’s Certificate of Performance for S.A.P. 39-604-06 and S. A. P 39-635-11 for Knife River Materials of Bemidji, MN in the total amount of $1,591,157.97 and hereby authorize final payment of $113,507.82.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. Land AcquisitionCommissioner Todd Beckel discussed the expiring lease with the DNR for land at the Port of Entry at the Northwest Angle (known as Jim’s Corner).  The consensus of the board was to write a letter to the Department of Natural Resources inquiring about purchasing the Jims Corner location. Interim County AttorneyInterim County Attorney, Michelle Moren met with the board upon their request to discuss the letter from the Attorney General’s office and their opinion on the full-time vs. part- time County Attorney’s position.  After review, the board requested that Interim County Attorney, Michelle Moren draft a resolution rescinding the full- time attorney’s position to 60% time (part-time), with a salary of $50,000 per year and with county health insurance benefits and have the resolution placed on the January 5, 2010 organizational meeting. RecessThe meeting was called to recess at 3:50 p.m. and reconvened at 4:00 p.m. as follows: Boundary commissionLand and Water Planning Director, Josh Stromlund met with the board and presented the Lake of the Woods Boundary Commission Plat No. 2 final map. Josh requested the board set a date for a public hearing “Establishing of Boundary Commission” pursuant MN Statue § 465.79 subd. 3.MotionMotion was made by Commissioner Todd Beckel to set January 26, 2009 at 1:00 p.m. for a Public Hearing “Establishing of Boundary Commissioner” pursuant MN Statue §465.79 subd. 3.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. Oak Island Association LetterThe County Board discussed the letter received from the Oak Island Association and discussed a date to meet with the Association to discuss their concerns.  The consensus of the board was to hold a meeting at the Northwest Angle School on June 15, 2009 at 10:00 a.m. The board requested that Land and Water Planning Director, Josh Stromlund draft a letter and bring back to the board for the Chair to sign. Old/New BusinessThe County Board discussed the following old and new business:  New:None Old:The board discussed the following old business: 2010 Assessing Agreement- working on draftCounty TV- working on with Roseau CountyRed Lake Tribal Meeting- February 9, 2010Land Acquisition- working on clear title There were no new updates on: Capital Expenditure PolicyANI Committee ReportsFollowing reports were presented:Commissioner Moorman reported on City of Williams Sewer CorrespondenceThank you letters from “Let’s Go Fishing” and Representative Anzelc were acknowledged. RecessThe meeting was called to recess at 4:45 p.m. and reconvened at 6:00 p.m. as follows: Public Hearing2010 Proposed Budget and LevyMotionMotion was made by Commissioner Arnesen to close the regular meeting at 6:00 p.m. and open the Public Hearing pursuant MN Statute § 275.065, Subd. 3(c) for Lake of the Woods County Board to hear all interested parties comments on the 2010 Proposed Budget and Levy. Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried. Chair Patty Beckel welcomed the public to the Hearing.  County Auditor, John W. Hoscheid explained that the objective of the Public Hearing is to listen to concerns from the public on the Proposed 2010 Budget/Levy.                                               Commissioner Todd Beckel explained that the board had to use some reserves to maintain the levy. The following areas affected the budgeting process: expected 27% loss in County Program Aid from the state, a budgeted 42% loss in earnings on investments and other expected short-falls. The board went over the tax bill and explained that if your land value stayed the same, then the county portion on the tax statement should have stayed the same, or decreased. They also explained that other taxing authorities place their levies on the county’s tax statement, such as the school districts, cities, State of Minnesota and the unorganized townships. Any one of these taxing districts may change the amount of taxes owed, and therefore show an increase on your tax bill.MotionMotion was made by Commissioner Arnesen to close the Public Hearing at 6:54 p.m. and reconvened the regular meeting.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried. Adoption of 2010 budget and Tax levyCounty Auditor, John W. Hoscheid met with the board and requested approval for the 2010 Budget and Tax Levy.ResolutionRESOLUTION ADOPTING 2010 BUDGET AND TAX LEVYResolution   2009-12-05 The following Resolution was proposed and moved for adoption by Commissioner Todd Beckel. WHEREAS, the certified county budget for the year 2010 has been reviewed by the Lake of the Woods County Board of Commissioners; and NOW THEREFORE, BE IT RESOLVED that the following certified budget and tax levy is hereby adopted for the Lake of the Woods County for 2010:                         Revenue Fund                       $1,266,843                        Road & Bridge                      $   449,580                        Social Service                         $   558,437                        Total                                       $2,274,860 BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2010:                         Twp Road & Bridge             $  402,905*                        Twp Fire – Baudette              $    19,000                        Williams                                 $    26,400                        NW Angle                              $      6,500                        Total                                       $  454,805                       * $402,905 for Township Road & Bridge includes $7,500 which is specifically levied to Northwest Angle residents for Calcium Chloride.  ($395,405 + $7,500 = $402,905) Seconded by Commissioner Hanson, and the same being put to a vote, was unanimously carried. RecessWith no further business before the County Board, Chair Patty Beckel called the meeting to recess at 6:55 p.m.  Attest:                                                                                                 Approved: December 22, 2009  ____________________________                                                    ____________________________John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

Commissioner Proceedings

December 22, 2009

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, December 22, 2009, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Todd Beckel to approve the agenda for the meeting today with additions. 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 agent for travel for: Amy Ballard on January 22, 2010 to Walker for Statewide Supervisor meeting; Lorene Hanson to Minneapolis on January 12-15, 2010 for MACO Conference.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Minutes

Motion

Motion was made by Commissioner Todd Beckel to approve the minutes of December 10, 2009, regular meeting with changes. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Social Services Department

Claims

Social Services 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           $ 9,981.06

                                                Commissioners’ Warrants            $ 9,085.08

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

Contract Renewals

Social Services Director, Nancy Wendler met with the board and requested approval for the following renewable contracts:

Motion

Motion was made by Commissioner Hanson to approve the contract between MeritCare/Northwest Medical Center and Lake of the Woods County Social Services for 2010, for the provision of emergency mental health services, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign.  Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried. 

Motion was made by Commissioner Patty Beckel to approve the contract between Partners in Community Supports, Inc. and Lake of the Woods County Social Services for 2010, for the provision of fiscal support services for recipients of Consumer Directed Community Supports (CDCS), and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler, to sign.   Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Moorman to approve the MR/RC contract between Rainy River Waivered Services and Lake of the Woods County Social Services for 2010, for the provision of adult in-home support services, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried. 

Motion was made by Commissioner Todd Beckel to approve the contract between the Lake of the Woods County MIS Department and Lake of the Woods County Social Services for 2010, for the provision of MIS services, and to authorize Chairperson Patty Beckel and Lake of the Woods County Social Services Director, Nancy Wendler , to sign.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. 

Motion was made by Commissioner  Hanson to approve the 2010-2011 Biennial Title IV-D Cooperative Agreement with the Minnesota Department of Human Services and the Lake of the Woods County Offices of Social Services, Sheriff, and County Attorney to set forth their respective responsibilities in providing services necessary for the operation of the child support enforcement program under Title IV-D of the Social Security Act., and to compensate said county entities with respect to reimbursement for costs incurred in providing services necessary to operate the Child Support Enforcement System in Lake of the Woods County and authorize Nancy Wendler, Social Services Director; Michelle Moren, Interim County Attorney; and Dallas Block, County Sheriff  to sign. Motion was seconded by Commissioner Patty Beckel and the same being put to a vote, was unanimously carried.

Emergency Management

Operation Plan

Emergency Management Director, Holly House met with the board requesting approval of the Lake of the Woods County Operational Plan.

Motion

Motion was made by Commissioner Todd Beckel to approve the Lake of the Woods County Operational Plan and authorize Chair Patty Beckel to sign.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Economic Development Assistant

Marketing Plan

Economic Development Assistant, Mike Reed met with the board and presented the Lake of the Woods Marketing Plan. He asked that Lake of the Woods County contribute $30,000 for the first year and $15,000 each year for the remaining four (4) years. The consensus of the board was they supported the plan as presented to them.  Commissioner Todd Beckel stated that the County Board should be using levy dollars to fund this five (5) year project, with the County Board to determine the funding source at a later meeting.

Far North Transit

Steve Butler representing Far North Transit, met with the board to discuss the 2010 Public Transit Service Agreement and Transit Vehicle Lease Agreement.  

Motion was made by Commissioner Todd Beckel to approve the Transit Vehicle Lease Agreement and the Public Transit Service Agreement between Lake of the Woods County Board and Roseau County Committee on Aging, effective January 1, 2010, through December 31, 2010; and to authorize Chair Patty Beckel to sign the same.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

County Surveyor

County Surveyor, Don Rasmussen met with the board for re-appointment of County Surveyor for 2010.

Motion

Motion was made by Commissioner Hanson to appoint Donn Rasmussen, as County Surveyor for Lake of the Woods County for the year 2010.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

County Auditor

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

Motion

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

                                                Revenue                               $ 60,420.35              

                                                Road & Bridge                     $   1,909.89

                                                County Development           $   3,338.25                   

                                                Solid Waste                          $ 12,994.09

                                                                                              $ 78,662.58

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON 12/22/2009 FOR PAYMENT 12/24/2009

      AMOUNT   VENDOR NAME                                                                 AMOUNT   VENDOR NAME

        3039.95 CENEX CO-OP SERVICES, INC.                                              440.91 COUNTRY CANVAS

          400.00 PAUL GHERARDI                                                                    2403.80 HYATT REGENCY MINNEAPOLIS

        4568.90 INSIGHT TECHNOLOGIES, INC                                          10067.50 LAVALLA SAND & GRAVEL INC

          400.00 LAW ENFORCEMENT TRAINING SERVI                              1021.42 LOCATORS SUPPLIES INC

        2500.00 MN COUNTIES INSURANCE TRUST                                     3162.19 KENNETH MOORMAN

        5402.60 LAW MOREN                                                                             858.00 MSOP-MN SEX OFFENDER PRGRM-462

        1982.34 NORTH EAST TECHNICAL SERVICE,I                                    627.33 RODERICK RONE JR

          466.40 T R JOBBING                                                                             359.71 T-C LIGHTING

      15015.00 TRANE US INC                                                                      16225.02 UNIVERSITY OF MN

          446.77 US FOOD SERVICE, INC                                                          748.12 WAYNE’S BODY SHOP-DBA

        5303.30 WIDSETH SMITH NOLTING&ASST INC

31 PAYMENTS LESS THAN  $300       3,223.32

FINAL TOTAL     $78,662.58

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

                                                   December 11, 2009           $122,509.44

                                                   December 15, 2009           $165,670.29

                                                   December 16, 209             $231,156.31      

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

Affidavit of Lost Warrant

County Auditor, John W. Hoscheid met with the board and presented an application and affidavit of a lost warrant for Jennifer Whitfield.

Motion

Motion was made by Commissioner Hanson to approve the application and affidavit for lost warrant for Jennifer Whitfield dated July 25, 2009, for $ 2.48, without furnishing indemnifying bond.  Motion was seconded by Commissioner Todd Beckel and the same being put to a vote, was unanimously carried.

SWCD

2010-2011 County Feedlot Program

Resource Technician, Mike Hirst met with the board and reviewed the 2010-2011 County Feedlot Program and Work Plan.

Motion

Motion was made by Commissioner Todd Beckel to authorize Chair Patty Beckel to sign the 2010-2011 County Feedlot Program and Work Plan.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Department Head meeting Discussion

Maintenance Transfer

Human Resource Director, Wade Johannesen; Public Works Maintenance Supervisor, Jeff Pelland; and Safety Director, Bob Peterson met with the board to discuss the Maintenance Department and the Safety Department.

Motion

Motion was made by Commissioner Todd Beckel to transfer the Maintenance Department and the Safety Department from the County Auditor’s office to the Public Works Department, under the supervision of the Public Works Maintenance Supervisor for a one year trial period, beginning January 1, 2010, through December 31, 2010.  At that time, the County Board will review the restructuring of departments.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Comp-Time

The County Board discussed comp-time for all county employees. According to the Lake of the Woods County Personnel Policies and Procedures, no more than 100 hours of unused compensatory time shall be accumulated by non-exempt employees; and no more than 80 hours of unused compensatory time shall be accumulated for exempt employees. The County Board requested that County Auditor, John W. Hoscheid buy down all non-exempt county employees’ compensation time to 100 hours; and to confirm that exempt employees compensation time do not exceed 80 hours, by December 30, 2009.

Insurance

The County Board discussed employee’s health insurance and an option of “Cash-in-Lieu of Health Insurance”.  The consensus of the board was to review this option after federal legislators address health insurance.

Uniform Allowances

Chief Deputy Sheriff, Jim Walton met with the board to discuss the Law Enforcements uniform allowances.

Motion

Motion was made by Commissioner Hanson to establish a yearly uniform stipend, to be paid monthly through payroll, beginning January 1, 2010, for all full-time Deputy Sheriffs and full-time Dispatchers as follows:

Initial Uniform stipend for full-time Deputy Sheriffs                        $600.00

Initial Uniform stipend for full-time Dispatchers                   $200.00

Yearly Uniform stipend for full-time Deputy Sheriffs           $450.00

Yearly Uniform stipend for full time Dispatchers                  $200.00

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

Cell Phones

The County Board discussed county owned cell phones and the usage of personal use of government property.  The County Board also reviewed the Internal Revenue Services’ Guidelines for employee cell phone use.  No action was taken at this time.

2010 Assessment Agreement

The board reviewed the 2010 Assessment Agreement with the City of Baudette.

Motion

Motion was made by Commissioner Todd Beckel to authorize Chair Patty Beckel, County Auditor, John W. Hoscheid and Interim County Attorney, Michelle Moren to sign the 2010 Assessment Agreement with the City of Baudette.  Motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Solid Waste Assessments

The County Assessor informed the County Board that his office would no longer be able to calculate the solid waste assessment fees.  He stated that the work load of performing other functions (CAMA and Manatron) would not allow enough time to accomplish this task also.

Wheelers Point Sanitary District

Chair Patty Beckel presented a resolution to the board to elect Gary Moeller to the Wheelers Point Sanitary District Board.                

Wheelers Point Sanitary District Board Members Resolution

Resolution

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

Resolution for

Election of Wheelers Point Sanitary District Board Members

Resolution 09-12-06

WHEREAS, Lake of the Woods County Board of Commissioners adopted the creation of a sanitary district for Wheelers Point District on September 27, 2005;

WHEREAS, Lake of the Woods County Board of Commissioners is the central related governing body of the Wheelers Point Sanitary District;

WHEREAS, Lake of the Woods County Board of Commissioners has the authority to elect members to the Wheelers Point Sanitary District Board by resolution to fill expired terms;

NOW, THEREFORE, BE IT RESOLVED THAT, Lake of the Woods County Board of Commissioners elect Gary Moeller for a term to expire January 2, 2013.

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

Elected/Non –Elected Salaries

County Auditor, John W. Hoscheid met with the board and requested approval for the 2010 Commissioners salaries and per diems; and for the Elected and Non-Elected Department heads salaries.

Motions-2010 Elected Officials & Non-Elected Department Heads Salaries

Motion was made by Commissioner Todd Beckel to adopt the following County Commissioners salary schedule and County Board Chair salary schedule, which all include a general adjustment of $500.00 for the year 2010; and to adopt a committee meeting per diem of $100 for the year 2010.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Elected Officials – Commissioners:

Ed Arnesen                $15,800.00

Todd Beckel                15,800.00

Patricia Beckel             15,800.00

Tom Hanson                 15,800.00

Kenneth Moorman       15,800.00

Board Chair                 16,800.00

Motion was made by Commissioner Todd Beckel to adopt the following Elected Officials salary schedule which includes longevity and a general adjustment of $626.40 for the year 2010.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. 

Elected Officials – Department Heads:

Dallas Block               $66,880.06

Mark Hall                     51,548.20

John W Hoscheid         58,854.24

Susan Ney                    51,642.20

County Attorney          50,000.00

Motion was made by Commissioner Hanson to adopt the following Non-Elected Department Heads salary schedule which includes longevity and a general adjustment of $626.40 for the year 2010.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Wayne Bendickson    $58,928.63

Brent Birkeland           54,955.54

Bruce Hasbargen          94,242.60

Josh Stromlund            56,654.33

Nancy Wendler            60,698.63

Motion was made by Commissioner Moorman to adopt the following Non-Elected Department Heads salary schedule which includes longevity and a general adjustment of $313.20 for the year 2010.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Rick Rone                  $18,584.00

Motion was made by Commissioner Todd Beckel to adopt the following Non-Elected Department Heads salary schedule which includes a general adjustment of $375.84 for the year 2010.  The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Holly House               $24,839.60

Old/New Business

The County Board discussed the following old and new business: 

New:

None.

Old:

The County Board discussed the following old business:

• 2010 Assessing Agreement- completed
• Red Lake Tribal Meeting- February 9, 2010
• Land Acquisition- in the process

There were no new updates on:

• Capital Expenditure Policy
• ANI
• County TV     
• Oak Island Petition
• Township Road Inventory

Committee Reports

Following reports were presented:

• Veteran Services – Commissioner Hanson updated the board on the new office hours.
• Airport – Commissioner Patty Beckel reported that the new tractor had arrived.  She also stated that the Airport Commission had offered a contract to the Airport Manager.
• HRDC- Commissioner Moorman reported that HRDC increased their per diems.

Correspondence

The board acknowledged the following correspondence: GIZIIBII Resource; AMC dues.

Land Acquisition

Commissioner Todd Beckel discussed the letter being drafted to the DNR requesting the purchasing of approximately 5 acres of land, known as Jim’s Corner located at (SW1/4SW1/4 of Section 28 Township 168N Range 34W). He asked the County Board if they would agree to add additional property, known as Stoney Corners, located in Section 30, Township 159N and Range 33W, for the use of towers, which the DOT is placing in Lake of the Woods County. The County Board concurred with Commissioner Todd Beckel.   

Resolution of Support to Kittson County

Commissioner Todd Beckel presented a letter that he received from Kittson County Engineer, Kelly Bengston, requesting support of passing a resolution. The resolution would be used in a court appeal that their County has filed over the use and establishment of certain roads established in 1912, which pass through a WMA established in 1966, and which the DNR now has closed to public use in 2009. The original court order could have an impact statewide on roads along legal ditches that pass through state land.

Resolution:

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

Resolution

Authorizing Petition to Minnesota Court of Appeals for Leave to File

Amicus Curiae Brief Supporting Kittson County Appeal

Resolution 09-12-07

WHEREAS, Lake of the Woods County has authorized the appeal of a district court order in favor of the Minnesota Department of Natural Resources that the 1909 State Drainage Commission proceedings that established State Ditch 72 did not also establish public roads along State Ditch 72 and its laterals;

WHEREAS, the appeal involves issues relating to the authority of the State Drainage Commission and the district courts to establish public roads along judicial ditches in the State; and

WHEREAS, this County also has public roads that were established through the same or similar proceedings and therefore has an interest in the Kittson County appeal.

NOW THEREFORE, the Lake of the Woods County Board of Commissioners resolves as follows:

1. The Board hereby authorizes a petition to the Minnesota Court of Appeals for leave to file an amicus curiae brief supporting the Kittson County appeal.  County staff and/or the County Attorney shall coordinate with other counties that may authorize a similar petition, so that the authorizing counties may file a single joint petition to the Court of Appeals.

The resolution 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, Chair Patty Beckel called the meeting to recess at 2:08 p.m.

Attest:                                                                                                 Approved: December 31, 2009

____________________________                                                    ____________________________

John W Hoscheid, County Auditor                                                    Patty Beckel, County Board Chair

Commissioner Proceedings

December 31, 2009

The Lake of the Woods County Board of Commissioners met in regular session on Thursday, December 31, 2009, in the Commissioners’ Room of the Lake of the Woods County Government Center.

Call to Order

Chair Patty Beckel called the meeting to order at 8:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Patty Beckel, Todd Beckel, Hanson and Moorman.  Commissioner Arnesen arrived at the meeting at 8:35 a.m. Also present were: Deputy Auditor Lorene Hanson, John Oren and Penny Mio Hirst.

Approval of Agenda

Motion

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

Approval of Consent Agenda

There were no items on the consent agenda for the meeting today.

Approval of Minutes

Motion

Motion was made by Commissioner Todd Beckel to approve the minutes of December 22, 2009, regular meeting with changes. Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Social Services Department

Claims

Fiscal Officer, Christine Hultman 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           $ 1,112.29

                                                Commissioners’ Warrants            $ 8,611.96

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

County Auditor

Deputy Auditor, Lorene Hanson met with the board requesting approval of claims.

Motion

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

                                                Revenue                               $ 39,688.74              

                                                Road & Bridge                     $ 13,335.86

                                                Solid Waste                          $ 10,939.79

                                                                                              $ 63,964.39

WARRANTS FOR PUBLICATION

WARRANTS APPROVED ON 12/31/2009 FOR PAYMENT 12/31/2009

      AMOUNT   VENDOR NAME                                                                  AMOUNT   VENDOR NAME

        1708.35 AMERICAN SOLUTIONS FOR BUSINES                               1600.23 ANDY’S GARAGE, INC.

          421.59 PATRICIA BECKEL                                                                    831.29 TODD BECKEL

          682.31 DALLAS BLOCK                                                                         581.77 TERRY BROWN

        1558.46 DELL MARKETING, LP                                                              409.79 HILLYARD INC HUTCHINSON

        4050.15 HOWARD’S OIL COMPANY                                                      748.13 KONRAD MATERIAL SALES LLC

        2500.00 KOOCHICHING CO TREASURER                                       10477.50 LAVALLA SAND & GRAVEL INC

          667.37 LAWSON PRODUCTS, INC.                                                     441.76 LOW COUNTY TREASURER

        2091.24 LOW HIGHWAY DEPT                                                            1635.08 RON MICHAELS CONSULTING, INC

        5402.60 LAW MOREN                                                                           1750.00 SJOBERG’S INC

          352.50 SUN MONITORING                                                                 1229.50 GEORGE SWENTIK

      17321.77 VOYAGEURS COMMUNICATIONS, INC                                 608.92 WEST GROUP

        2838.36 WOODY’S SERVICE

33 PAYMENTS LESS THAN  $300       4,055.72

 FINAL TOTAL:     $63,964.39

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

                                                   December 22, 2009           $183,164.47

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

Elected Officials – Minimum Salaries

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

Resolution For

Establishing Minimum Salaries for Elective Offices

Resolution 2009-12-09

WHEREAS, M.S. 388.18, Subd. 1, et seq., M.S. 384.151, Subd. 1, et seq., M.S. 386.015, Subd. 1, et seq., M.S. 387.20, Subd. 1, et seq., and M.S. 385.373, Subd. 1, et seq. requires the County Board, at the January meeting prior to the first date on which applicants may file for County elective offices, to establish minimum annual salaries to be paid to the respective office holders at the term next following;

THEREFORE, BE IT RESOLVED, that the following statutory minimum annual salaries are hereby established for county elective offices for the term beginning in January of the year 2010:

                                    County Attorney:        $6,000

                                    County Auditor:         $6,000

                                    County Recorder:       $6,000

                                    County Sheriff:           $6,000

                                    County Treasurer:       $6,000

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

IRS Standard Mileage Rate

Motion was made by Commissioner Moorman to set the mileage rate at the IRS standard rate.  Motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.  It was noted that the Internal Revenue Service issued 50 cents per mile for the 2010 standard mileage rate.

Land and Legacy

Lessard-Sams Outdoor Heritage Council

Commissioner Todd Beckel discussed with the County Board the “Lessard-Sams Council and The Outdoor Heritage Fund” and options for the County Board to research.  It was the consensus of the County Board to place this on the “Old and New Business” items beginning in 2010.  

Land and Water Planning

Land and Water Planning Director, Josh Stromlund met with the board to discuss a resolution opposing the adoption of proposed septic regulation.

The following resolution was offered by Commissioner Ed Arnesen and moved for adoption on December 31, 2009:

Resolution Opposing the Adoption of the Proposed Septic Regulations

Taking Effect as of February 2010

Resolution 2009-12-08

WHEREAS, the Minnesota Pollution Control Agency (MPCA) has adopted Rules (MN Rule Ch. 7080) related to Septic System the material specifications, site evaluation, design, installation, inspection and maintenance as well as developed regulations related to training, qualifications, certification and performance standards for individuals who work with Septic Systems, and have developed a classification system for the type and use of septic systems; and

WHEREAS, Lake of the Woods County has a County Zoning Ordinance (Ordinance) which implements, administers and enforces Rules related to septic system site evaluations, designs and inspections; and

WHEREAS, Lake of the Woods County has on staff two (2) MPCA Licensed Qualified Employees (QE) to assist citizens and businesses with technical and common issues related to Septic Systems, to ensure that portion of the Ordinance related to Septic Systems in administered and enforced accordingly, and to conduct as-built Septic System inspections; and

WHEREAS, nearly one (1) out of every three (3) land use permits issued in Lake of the Woods County is for the installation of a new, or replacement of an old, Septic System.  In 2009, thirty-six (36) of the one-hundred one (101) permits issued by the Land & Water Planning Office were for new septic systems; and

WHEREAS, Lake of the Woods County received approximately $10,000 in Septic System pass-through grant funds in 2009 for administering and enforcing this program (design review, site review, as-built inspection, public assistance, contractor assistance, complaint investigation, compliance inspection enforcement, violation enforcement).  The Land & Water Planning Office estimates that approximately 1/5 of its administrative time and cost is related to Septic Systems, or $45,800 of its $229,000 budget for 2009; and

WHEREAS, the MPCA has made Revisions to the Rule in 2007.  Counties are required to adopt these Revisions into their local Ordinances by February 2010, and Cities and Townships with Septic System Ordinances are required to adopt the Revisions by February 2011; and

WHEREAS, the Revisions make substantial changes to all aspects of Septic Systems, from material specifications, site evaluation procedures, system design, inspections (both as-built and existing compliance), maintenance, professional training, etc.   The result is MR Ch 7080 being expanded into MR Ch 7080, 7081, 7082, 7083; and

WHEREAS, the effect of the Revisions will increase the cost of designing the system, receiving local permits, installing the system, system inspections and the material prices for constructing the system, all of which are bourne by the resident or business; and

WHEREAS, the effect of the Revisions will substantially increase the staff time, resources          and funding requirements to implement, administer and enforce the Septic System portion of the Ordinance; and

WHEREAS, it is Lake of the Woods County’s belief that the current Septic System Rules did not previously achieve the maximum environmental protection possible as a result of ineffective enforcement of those Rules.  (i.e.  reluctance to levy significant fines on licensed contractors in violation of their license or non-licensed contractors engaged in regulated septic work, doing non-compliant work,  insufficient enforcement staff for program, reluctance to audit licensed contractors records, etc.); and

WHEREAS, it is Lake of the Woods County’s belief that the Revisions require an undue and unreasonable burden upon the County staff, resources and program funding as to make them unenforceable; and

WHEREAS, it is Lake of the Woods County’s belief that the Revisions, in their current form, have significant errors, unreasonable requirements and unnecessary provisions that adopting and enforcing them would constitute a waste of public time and resources.

NOW THEREFORE BE IT RESOLVED, the Lake of the Woods County Board of Commissioners elect not to adopt the Revisions to the Septic System rules, as required by February 2010; and

THEREFORE BE IT FURTHER RESOLVED, Lake of the Woods County opposes the mandates found in the Revisions to adopt, implement and enforce standard(s) that are known to be in error until such time as they have been addressed and corrected; and

THEREFORE BE IT FURTHER RESOLVED, Lake of the Woods County opposes the mandates found in the Revisions that contribute to unnecessary increases in the cost of new Septic Systems to homeowners and businesses; and

THEREFORE BE IT FURTHER RESOLVED, Lake of the Woods County opposes the mandate found in the Revisions that unreasonably increases the amount of staff time, resources and funding at the County level to implement and enforce the Septic System standards; and

THEREFORE BE IT FURTHER RESOLVED, Lake of the Woods County opposes broad mandates placed upon all Counties to address special needs and/or situations affecting only a few.  Resolving these issues is a matter best left to the individual County, with technical assistance provided by the State, as needed through their authority to be more restrictive in passing local Ordinances; and

THEREFORE BE IT FURTHER RESOLVED, Lake of the Woods County encourages the State to increase its protection of water quality and the environment through a more aggressive, effective and efficient enforcement of the existing Rules rather than exacerbating the problem through the creation of more complex and unenforceable Rules; and

THEREFORE BE IT FURTHER RESOLVED, Lake of the Woods County shall continue to enforce the current Rules related to Septic Systems until such time as (1) the Revisions are amended to address these issues, or (2) the MPCA notifies the County of its intention to assume septic system site evaluation, design review, permitting, inspection, public assistance and enforcement duties; and

THEREFORE BE IT FURTHER RESOLVED, it is Lake of the Woods County’s assertion that Septic System pass-through funds continue to be received until such time as these issues related to the Revisions have been addressed, and adequate time to adopt the resulting Revisions has been provided.

Commissioner Todd Beckel seconded the foregoing resolution and it was declared adopted upon the following vote.  YEAS:  5                    NAYS:  0

Public Works Department

Demo Landfill

Public Works Maintenance Supervisor, Jeff Pelland met with the County Board to discuss the progress on the Demo Landfill.  Jeff stated that the Public Works Director, Bruce Hasbargen was requesting another $10,000 to finish the project.

Recess

The meeting was called to recess at 8:55 a.m. and reconvened at 9:04 a.m. as follows:

Demo Landfill cont.

Motion was made by Commissioner Todd Beckel to approve up to an additional $10,000 to complete the Demo Landfill project and the removal of the debris at the Demo Landfill.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Other

Tower Sites

Commissioner Todd Beckel commented on the “Towers” progress and the “Partnership Agreement for the Shared Use of Communications Facilities in Lake of the Woods County”.   No action was taken, however this will be placed on the January 12, 2010, County Board Agenda.

Northwest Community Action

Commissioner Ed Arnesen commented on his meeting with the Northwest Community Action Committee, their Head Start Program and insurance.  No action was taken, however this will be placed on the January 12, 2010, County Board Agenda.

Storage Space for Equipment

Commissioner Hanson discussed the storage of equipment for the Sheriff’s Department and would like this placed on the County Board Agenda in January.

Comp Time

Commissioner Todd Beckel commented on the comp time hours for an exempt employee who was previously a non-exempt employee.  It was the consensus of the County Board to buy down the full 200 hours of comp time for this exempt employee.

Reorganizational Meeting

It was noted that the Lake of the Woods County Board of Commissioners Reorganizational Meeting will be on January 5, 2010, at 9:00 a.m. in the Lake of the Woods County Government Center in the Commissioner’s Room.

Adjournment

Motion was made by Commissioner Arnesen to adjourn the 2009 County Board meeting.  The motion was seconded by Commissioner Moorman and the same being put to vote was unanimously carried. County Board Chair, Patty Beckel called the 2009 County Board meeting adjourned at 9:15 a.m.

Attest:                                                                                                 Approved:

____________________________                                                    ____________________________

Lorene Hanson, Deputy Auditor                                                        Patty Beckel, County Board Chair