Commissioner Proceedings

April 27, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 27, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Vice-Chair Buck Nordlof called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Jon Waibel, Cody Hasbargen, Ed Arnesen and Buck Nordlof.  Absent: Commissioner Joe Grund. Also present: County Auditor/Treasurer Lorene Hanson and County Attorney James Austad. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following additions: Public Health, MIS/Telephone Services and Wetlands.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of April 13, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $3,334.41; Commissioners Warrants $1,396.40; Commissioners Warrants $31,584.56.

Contract with Sanford Behavioral Health for CBS Services

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of service agreement with Sanford Health Network North dba Sanford Behavioral Health Center and for Vice-Chair, Buck Nordlof and Social Services Director, Amy Ballard to sign the same.

Contract with Stellher Human Services for Youth Crisis Response

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of service agreement with Stellher Human Services, Inc. and for Social Services Director, Amy Ballard to sign the same.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $47,550.35; Road & Bridge $18,423.57; Solid Waste $11,763.37; EDA $850.98. 

WARRANTS FOR PUBLICATION

Warrants Approved On 4/27/2021 For Payment 4/30/2021

Vendor Name       Amount

Avenu Insights & Analytics 6,500.93

BAYCOM, INC. 2,150.00

Counties Providing Technology 3,910.00

DLT Solutions, LLC 6,952.44

LOW Fair Association 25,000.00

Northern Light Region 5,703.57

Remer Iron Works 3,450.00

Short Elliott Hendrickson, Inc 2,511.07

U.S. Bank Equipment Finance 6,268.50

Ziegler, Inc 2,308.84

29 Payments less than 2000                                         13,832.92

Final Total:       78,588.27

Further moved to authorize the payment of the following auditor warrants: April 14, 2021 for $11,010.31, April 21, 2021 for $13,091.29.

Liquor License – ICEHOLE Tavern

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve On/Off Sale and Sunday Liquor for Balili Entertainment Group Inc. for ICEHOLE Tavern, as permitted by County Sheriff, Gary Fish and County Attorney, James Austad.

Set Cartway Hearing Date, Peter Jones

It was determined that more information is needed to verify if the petition for a cartway is valid as received.  County Attorney, James Austad will research the petition and the Board will put this item back on the agenda for May 25, 2021.

Land Sale, Date and Terms of Sale

County Attorney, James Austad, requested more time to look into the sale of county owned land, parcel 19-2531-119.  This item will be back on the agenda for May 11, 2021.

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following minimum sale bids for the tax forfeited land listings, these listings did not sell during the 2019 tax forfeited land sale:

Parcel Legal Description	Pre & Post Forf. Spec. Asmts	Total Delinq. Amount Due	Estimated Market Value	2019 Minimum Sale Bid	2021 Minimum Sale Bid
62-5301-010Lot 1, Blk 1First Addition to Williams	$6,285.83	$9,451.25	$4,700	$4,000	$1,000
62-5302-030Lot 3 & S33’ Lot 2, Blk 2  First Addition to Williams	$5,398.00	$9,005.72	$9,000	$4,000	$1,000

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the terms of sale for the tax forfeited land as follows:

TERMS FOR THE PUBLIC SALE OF TAX FORFEITED LAND
IN LAKE OF THE WOODS COUNTY

PUBLIC SALES: All tax forfeited land is offered at public auction and sold to the highest bidder. The minimum bid acceptable is the basic sale price that is shown on the list of tax forfeited land. The basic sale price is equal to or lesser than the assessed/appraised value and may include additional charges for unpaid special assessments or timber values as appraised by the Minnesota Department of Natural Resources.

PARCELS NOT SOLD AT PUBLIC AUCTION: Parcels not sold at a public sale may be purchased after the public sale by paying the basic sale price of the parcel.  The basic sale price cannot be changed unless the parcel is re-appraised, republished, and again offered at a later public sale.

FEES: The following fees will be collected at the time of sale: State Assurance Surcharge, 3%; State Deed Fee, $25.00; Deed filing fee, $25.00; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50.00 (if applicable); and State Deed Tax, equal to the greater of $1.65 or 0.33% of the basic sale price. 

PAYMENT TERMS: CASH—FULL PAYMENT AT TIME OF SALE.

Payment includes timber value and certified special assessments to county.

SPECIAL ASSESSMENTS: Any special assessments certified to the county, prior to or after forfeiture, are included and must be paid by the purchaser as part of the basic sale price. It is the responsibility of the prospective buyer to contact the appropriate city to determine any special assessments not certified to the county and that may be subject to further assessment thereof. 

CONDITIONS: Sales are subject to the following restrictions on the use of the properties: existing leases, building codes and zoning laws, and easements obtained by any government subdivision or agency thereof for a public purpose. The assessed/appraised value does not represent a basis for future taxes. 

All property is sold “as is” and may not conform to current local building and zoning ordinances. Lake of the Woods County makes no warranty that the land is “buildable”. All sales are final, and no refunds or exchanges are permitted. Lake of the Woods County is not responsible for location or determining property lines or boundaries.  Access to the property is the responsibility of the buyer. 

*Lake of the Woods County is unaware of any known hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time.

Lead Warning Statement: Every purchaser of any interest in residential real property on which residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. 

*Lake of the Woods County is unaware of any known hazards or risk assessments on or available for applicable sale properties. 

Radon Warning Statement: The MN Dept. of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy and recommends having the radon levels mitigated if elevated concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling.

*Lake of the Woods County is unaware of any radon testing, records, concentration levels, or mitigation systems on or available for applicable sale properties.

TITLE: PROOF OF OWNERSHIP: The buyer will receive a receipt at the time of the sale. The Department of Revenue will issue a State quitclaim deed after full payment is made. A State deed has the characteristics of a patent from the State of Minnesota.

SETTLEMENT IS FINAL: No warranties as to physical condition of the property have been made by Seller, its Employees or Agents; any warranties of physical condition of the property are void. The Seller, its Employees or Agents, have no further responsibility or liability with respect to the condition or management of the property. 

FOR ALL LAND NOT IN A PLATTED SUBDIVISION: There are restrictive covenants required for marginal lands and wetlands including lands in Auditor’s Subdivisions (see Minnesota Statutes Section 103F.535, Subd. 2; and Section 282.018, Subd. 2.)

FORMER OWNERS: Must pay the purchase price or the amount of delinquency, whichever is more, pursuant to Minnesota Statutes Section 282.01, Subd. 7; Section 282.012; and Section 282.241.

IN ORDER TO PROTECT YOUR LEGAL INTERESTS, WE RECOMMEND THAT YOU CONSULT WITH YOUR ATTORNEY ON LEGAL MATTERS.

Resolution
The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously.

TAX FORFEITED LAND SALE

RESOLUTION NO. 21-04-01

WHEREAS; the County Board of Commissioners of the County of Lake of the Woods, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non-payment of taxes, and

WHEREAS; said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01.

WHEREAS; that the basic sale price of each parcel on the List of Tax-Forfeited Land has been reset by the County Board of Commissioners and are on file with the County Auditor/Treasurer;

NOW, THEREFORE, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners hereby certify that the parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be approved and the authorization for a public sale of this land be granted, pursuant to Minnesota Statutes 282.01;

BE IT FURTHER RESOLVED; that the sale of said Tax-Forfeited Land will be held in the Lake of the Woods County Commissioners Room, at 1:00 p.m., Tuesday, June 8, 2021, by the Lake of the Woods County Auditor/Treasurer; for not less than the basic sale price and that all sales shall be in full payment at the time of the sale.

LAKE OF THE WOODS COUNTY FAIR BOARD
Grandstand Project
The Fair Board is looking to raise approximately $100,000 more for the grandstand project, to purchase and install a canopy over the grandstand. It was the consensus of the County Board to support the grandstand project at a minimum of $50,000.  The County Board will continue to research other funding resources with the help of the Economic Development Authority and would like to have a meeting with the City of Baudette to discuss the project.

EMERGENCY MANAGEMENT

2020 Emergency Management Performance Grant Agreement 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2020 Emergency Management Performance Grant at $13,817 and for Vice-Chair Buck Nordlof and Auditor/Treasurer Lorene Hanson to sign the same.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2020 Emergency Management Performance COVID-19 Supplemental Grant at $7,211 and for Vice Chair Buck Nordlof and Auditor/Treasurer Lorene Hanson to sign the same. 

HUMAN RESOURCES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve to hire for the Environmental Specialist Position at grade 9, step 7, points 232, $21.24 per hour.

PUBLIC WORKS
Highway
Approval of SAP 039-633-003
County Engineer, AJ Pirkl, indicated that this request will be brought to the next Board meeting on May 11, 2021.

Update
County Engineer, AJ Pirkl, provided an update on the ditch petition from Daniel Pieper, the petition has been satisfied.  Pirkl is looking at additional work on Judicial Ditch 24 and will provide a cost estimate at the next Board meeting.

Solid Waste/Landfill
Update
County Engineer, AJ Pirkl, provided an update regarding conversations with the MPCA regarding the use of a clay or synthetic cap for the landfill.  Pirkl feels the clay cap will be a better option, as it can be installed and maintained by county staff.

Pirkl requested to set a public input session for Monday, June 21 at 6 p.m. in the Government Center Court Room to discuss solid waste policy for sleeper ice fishing houses and the Legislative-Citizen Commission on Minnesota Resources grant proposal regarding human generated sludge on the lake.

PUBLIC HEALTH
CHI LakeWood Health Public Health Manager, Kay M. Schell and CHI LakeWood Health VP of Operations, Jeffry Stampohar provided an update to the Board regarding COVID-19 cases, vaccines, and testing in Lake of the Woods County.

MIS
Telephone Services

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve Wiktel as the telephone service provider for Lake of the Woods County, at a cost of $1,051 per month.

WETLANDS

Commissioner Jon Waibel requested a work session on wetlands, to discuss ways to be more accommodating regarding wetland information to those interested in building in Lake of the Woods County. No work session date was set at the time.

RECESS
With no further business before the Board, Vice-Chair Buck Nordlof called the meeting to recess at 12:25 p.m.

Attest: May 11, 2021

_________________________________ County Auditor/Treasurer, Lorene Hanson _________________________________ Chair of the Board, Joe Grund