Lake of the Woods County Commissioners Proceedings (0423)

Commissioner Proceedings

March 25, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 25, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

Chair Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Patty Beckel, Ed Arnesen, Buck Nordlof and Ken Moorman.  Absent: Commissioner Hanson was absent due to illness. Also present were: County Auditor/Treasurer Mark Hall and Deputy Auditor Janet Rudd.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman to approve the agenda with the following additions: Years of Service Resolution, PERA Resolution, Human Resource Training, Correspondence: Department of Human Services, S E H letter. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.  

Approval of Consent Agenda

Motion

Motion was made by Commissioner Moorman to approve the consent agenda as follows: Marti Carlson to Rochester for MN County Highway Accountants Association Conference on April 23-25; Cooper Mickelson to Maple Grove for Advanced RTK Surveying Class on April 15- 16, in Maple Grove, MN; Consent requested for Solid Waste Operator Dale McGuire to attend a 2014 Household Hazardous Waste training refresher to be held March 20th in Brainerd, MN; Stacy Novak to S. Paul for MCCC Tax Advisory  Committee April 2-3^rd; Shelley Pepera to Minneapolis on April 7- 8 for Financial Literacy (Train the Trainer) Workshop. 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 Nordlof to approve the minutes of March 11, 2014 regular meeting. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

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

                                          Revenue                              $     39,892.03           

                                                Road & Bridge                    $     12,024.17

                                                Solid Waste                         $       1,372.67

                                                EDA                                    $       3,728.17

                                                                           57,017.04                              

WARRANTS FOR PUBLICATION

Warrants Approved On 3/25/2014 For Payment 3/28/2014

Vendor Name                                                             Amount

Brown/Terry                                                                                    2,613.03

Dell Marketing, Lp                                                                           5,167.47

Esri                                                                                                   2,040.00

Little Falls Machine, Inc                                                                  3,555.94

Mn Counties Information System                                                   4,215.00

Moren/Law Offices Of Patrick D                                                   6,046.56

Northwest Community Action, Inc                                                 2,862.50

Powerplan                                                                                        5,258.89

Shi Corp                                                                                           2,988.00

60 Payments less than 2000   22,269.65

Final Total:  57,017.04

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

March 12, 2014              $     2,005.87

March 12, 2014              $   44,612.59

March 18, 2014              $   12,434.37

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

HUMAN RESOURCE

Chair Beckel informed the board that Human Resource Assistant Dena Pieper requested to attend training on Human Resource Laws. The consensus of the board was to have Human Resource Assistant, Dena Pieper and Human Resource Director, when hired to attend.

DEPOT PRESERVATION

Chair Beckel informed the board that the Depot Preservation will be holding a ribbon ceremony honoring the new Permitted Exhibit on April 5, at 11:00 a.m.

SHORT ELLIOT HENDERICKSON

Chair Beckel discussed the information from S E H on site location for possible NWA airport. The board discussed the preferred property which is owned entirely by the State of Minnesota. Commissioner Arnesen will follow through and visit with State Officials on the possibilities of the land to be transferred to the county if the airport project moves forward.

Recess

The meeting was called to recess at 9:28 a.m. and reconvened at 9:31 a.m. as follows:

Social Services Director

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

Motion

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

                                                Commissioners’ Warrants          $ 13,694.03

                                                Commissioners’ Warrants          $ 27,237.54

                                                Commissioners’ Warrants          $      170.25

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

Acceptance of Letter of Resignation

Social Service Director, Nancy Wendler met with the County Board and presented a letter of resignation from Social Worker, Phil Johnson.

Motion

Motion was made by Commissioner Nordlof to accept the letter of resignation from Phil Johnson, effective March 12, 2014. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Resolution

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

Recognition of years of service

Phil Johnson

Resolution 2014 – 03-01

Whereas:  Phil Johnson has served the residents of Lake of the Woods County since May 9, 2005 as a Social Worker;

Whereas:  Phil Johnson has retired from Lake of the Woods County service effective March 12, 2014;

Now Therefore, Be it Resolved:  That Lake of the Woods County Board of Commissioners extends its deepest appreciation to Phil for his dedicated service and best wishes to him;

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

Vacant Social Workers Position

Social Services Director, Nancy Wendler, met with the board requesting authorization to fill the vacant Social Worker position. Nancy explained that it is not required to advertise and test for this position if there are eligible candidates on the Merit System Register.  Karlene Brown is eligible for hire through Minnesota Merit System and has worked for the agency as an Interim Social Worker since December 2013, and provided excellent services to Lake of the Woods County.  She also did her Social Worker internship with the agency earlier in 2013.  Nancy requested authorization to hire Karlene Brown to fill the vacant position.

Motion 

Motion was made by Commissioner Moorman to authorize Social Service Director, Nancy Wendler to hire the current Interim Social Worker, Karlene Brown, at grade 12, step a,  to fill the Social Workers vacancy, effective March 30, 2014. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Larson road vacation

Chair Beckel discussed the continuance of the Public Hearing for the Larson Road Vacation and informed the board that the board can set a date for the continuance for the Public Hearing for the survey work has been completed for the legal description of the road.

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

ORDER SETTING FORTH DESCRIPTIONS AND SETTING CONTINUANCE HEARING DATE

WHEREAS, the County Board of Lake of the Woods County, Minnesota was presented a Petition at its regular meeting on the 12^th day of November, 2013 requesting the vacation of a road;

WHEREAS, The Lake of the Woods County Board did conduct public Hearing at 1:00 p.m. on the 28^th day of January, 2014, at the road site located at Beach Avenue and River Drive in Wheeler’s Point and Harris Addition, in Lake of the Woods County to examine the road. The board recessed from the viewing of the road and reconvened the Public Hearing at the Government Center in the Commissioners’ Room, to receive public comment, consider the proposed action, and act on the Petition.

WHEREAS, the legal description described in the original petition dated October 23, 2013, has been amended after completion of a survey to the following:

PROPOSED NEW DESCRIPTIONS

TRACT A (Roadway to be vacated):

Beach Avenue and those portions of, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie northwesterly of the following described line: Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7,  Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

WHEREAS, Minn. Stat. §164.07, subd. 2, requires the County Board to make an order describing as nearly as practicable the road to be vacated, describing the several tracts of land through which the road passes, and fixing a time and place when and where the Town Road will reconvene to meet and act upon the Petition;

NOW, THEREFORE, IT’S HEREBY ORDERED:

                        1.         The road proposed to be vacated is described as:

TRACT A (Roadway to be vacated):

Beach Avenue and those portions of, Lake Drive and River Drive, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office which lie northwesterly of the following described line: Beginning at the southwest corner of Block 3 said WHEELER’S POINT; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 503.44 feet along the northwesterly line of said River Drive (which is also the southeasterly line of said Block 3) and it’s northeasterly extension to its intersection with the southwesterly extension of the line common to Lots 6 and 7, Block 1, said WHEELER’S POINT; thence North 29 degrees 30 minutes 59 seconds East 11.64 feet along said southwesterly extension of the line common to Lots 6 and 7,  Block 1, WHEELER’S POINT, to the most southerly corner of said Lot 7 and said line there terminating.

                        2.         The several tracts of land through which the road passes and their owners are:

                                                                                                            Owners                                                          Description of Land

                                                                                    David L. Larson                                            2568 River Lane NW                   

                        and Joanna C. Larson                                  Baudette, MN 56623                       

                                                                                    Charles C. Tews                                           2576 Lake Lane NW                    

                        Paul F. Tews                                                 Baudette, MN 56623                    

                        3.         The Lake of the Woods County Board deemed it necessary and required that a survey to be made of the road and recessed the Public Hearing.

                        5.         Lake of the Woods County Board of Commissioners on April 22, 2014 will conduct the continuance of a Public Hearing at 1:00 p.m. at the Government Center in the Commissioners’ Room, to receive public comment, consider the proposed action, and act on the Petition.

NOTICE OF RIGHT TO APPEAL

            Affected landowners have right to appeal as provided in Minn. Stat. §164.07, subd. 7 to seek judicial review of damages, need, and purpose if the County Board does decide to establish or alter a Town Road.

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

SYNTHETIC DRUG ORDINANCE

Chair Beckel discussed the Synthetic Drug Ordinance that the board discussed on March 11 on holding a public hearing for the consideration of adopting a Synthetic Drug Ordinance. The board reviewed the draft Synthetic Drug Ordinance.

Motion

Motion was made by Commissioner Arnesen to set the Public Hearing for consideration of adoption of an ordinance regulating Synthetic Drug Establishment and the Sale of Synthetic Drug with the license date from July 1 thru June 30 each year, license fee of $10,000, which will not be prorated if business is sold and to set the public hearing for April 22, 2014 at 11:00 a.m. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Law Enforcement

Contract

County Sheriff, Gary Fish met with the board to discuss the Klein McCarthy Architects contract with the board. The board concurred that the county will leave the contract open with Klein McCarthy Architects for one year and look at this project again.

Join Powers Agreement- I-Mobile

County Sheriff, Gary Fish met with the board requesting approval to enter into a Joint Powers Agreement with the State of Minnesota.

Resolution

RESOLUTION TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE

 STATE OF MINNESOTA

 FOR I/MOBILE SYSTEM

Resolution No. 14-03- 02

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

WHEREAS, Sheriff Gary Fish has met with Lake of the  Woods County Board to discuss mobile data computing between the Lake of the Woods County Sheriff’s Department and the State of Minnesota; and

WHEREAS, the purpose of this agreement is for the State to provide Lake of the Woods County Sheriff’s Department with access to the State’s I/Mobile System; thru software purchased and installed by the county on county laptop computers mounted in the patrol vehicles; and

WHEREAS, the term of this agreement shall be from March 1, 2014 thru December 31, 2014;

NOW THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby adopts this joint powers agreement and authorizes Chair Beckel to sign.

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

Emergency Management Time

County Sheriff, Gary Fish and Emergency Management Director, Nina Husbands met with the board to discuss her Emergency Management hours, and how more time is needed for her to complete her required training hours. The board requested that she figure out how many more hours that she needs for her completion of training and bring back to the board and they will amend her budget.

Part-time Deputy Sheriff Hire

County Sheriff, Gary Fish met with the board requesting approval to hire Russell Platz as a part-time Deputy Sheriff.

Motion

Motion was made by Commissioner Nordlof to authorize County Sheriff, Gary Fish to hire Russell Platz as a part-time Deputy Sheriff at grade 12, step A, 19.06 per hour, (pay equity points of 282), effective March 25, 2014. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Resolution

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

Resolution No. 14-03-03

Public Employees Police and Fire Plan

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below.

BE IT RESOLVED that the Commissioners of Lake of the Woods County hereby declare that the position titled Part Time Deputy Sheriff, currently held by Russell Platz meets all of the following Police and Fire membership requirements:                        

1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;

2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;

3. Said position charges this employee with the prevention and detection of crime;

4. Said position gives this employee the full power of arrest, and

5. Said position is assigned to a designated police or sheriff’s department.

BE IT FURTHER RESOLVED that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision.

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

Motion

Motion was made by Commissioner Moorman to amend the agenda and to add the 2014 State of MN Annual County Boat and Water Safety Grant to the agenda.

Motion

Motion was made by Commissioner Moorman to approve the 2014 State of MN Annual County Board and Water Safety Grant in the amount of $7,329 effective January 1, 2014 thru June 30, 2015 and authorize County Sheriff, Gary Fish, Chair Beckel and County Auditor/Treasurer Mark Hall to sign. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Recess

The meeting was called to recess at 10:40 a.m. and reconvened at 10:45 a.m. as follows:

MIS/GIS DIRECTOR

QR CODE

MIS/GIS Director, Peder Hovland and GIS Specialist, Daniel Fish met with the board and presented the Quick Reference Code (QR) which can be scanned with your mobile devices and will bring up Lake of the Woods County maps that are available online.

Motion

Motion was made by Commissioner Nordlof to authorize MIS Director, Peder Hovland to advertise the QR code with a budget of $100 from the MIS budget. The motion was seconded by Commissioner Moorman and the same being put to a vote was unanimously carried

Parks and Recreational Map

MIS/GIS Director, Peder Hovland and GIS Specialist, Daniel Fish met with the and presented the Parks and Recreational Mapping that would show all recreational areas of Lake of the Woods, Trails and Parks.

ESRI Users Conference

MIS/GIS Director, Peder Hovland and GIS Specialist, Daniel Fish met with the board requesting authorization for out of state travel for GIS Specialist, Daniel Fish to attend the ESRI Users Conference (UC) in San Diego, CA on July 14-18.  Daniel compared the UC to a conference in Rochester and explained that the Rochester Conference covers only several topics versus the conference in San Diego, whereas there are numerous topics including specific topics pertaining to Local Government.  Also available are the newest advances in GIS, and over 15,000 experienced professionals attend this conference. Daniel also explained that the registration fee of $1,700 is waved resulting in the cost of this conference being comparable to the cost of the Rochester conference.

Motion

Motion was made by Commissioner Arnesen to approve travel to San Diego, CA to attend the ESRI Users Conference on July 14-18, in the amount of $2,300 from the MIS budget. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

COMMITTEE REPORTS

• Area of Aging
• Wellness Committee Meeting
• Airport Update

Recess

With no further business before the board, Chair Beckel called the meeting to recess at 11:58 a.m.

Attest:                                                                                     Approved: April 8, 2014

____________________________                                        _______________________________

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