April 28, 2020

AGENDA – Tuesday, April 28, 2020

TIME TAB

9:00 a.m. #1 Pledge to the Flag

Approve Agenda
Approve Minutes of April 14. 2020
Approve Minutes of April 21, 2020

9:05 a.m. #2 Social Services

  • Claims

9:10 a.m. #3 County Auditor/Treasurer

  • Claims
  • Property Tax 
  • Snowmobile Trails Assistance Program Resolution

9:20 a.m. #4 Future County Spending

9:30 a.m. #5 MIS

  • Website Update

9:40 a.m. #6 Land and Water Planning

  • MCIT Sponsoring Entity Resolution

9:45 a.m. #7 County Highway/Landfill

  • Update
  • Approval of Bid for SAP 39-030-003 Bituminous Seal Coat Project

9:50 a.m. #8 Emergency Management

  • Approval of new radio console

9:55 a.m. #9 COVID-19

  • Update

Correspondence:


Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • CR 33
  • Home Health Care Task Force
  • Proposed Law Enforcement Center

April 21, 2020

AGENDA – Special Meeting – COVID-19 – Tuesday, April 21, 2020

TIME TAB

9:00 a.m. #1 Pledge to the Flag

Approve Agenda

9:05 a.m. #2 County Engineer

  • Quotes

9:10 a.m. #3 COVID-19 Update

  • County
    • Emergency Management Update
      • Public Health
    • Accesses
    • Property Taxes

10:00 a.m. #4 Other Areas of Concern

Below is the information to attend either by the web or by phone

https://lotw20.my.webex.com/join/peder_h

or

Dial in: 1-408-418-9388

Access Code 627433446

April 14, 2020

AGENDA – Tuesday, April 14, 2020

TIME TAB

9:00 a.m. #1 Pledge to the Flag

Approve Agenda
Approve Minutes of March 24, 2020
Approve Minutes of March 31, 2020

Approve Minutes of April 3, 2020

Approve Minutes of April 7, 2020

9:05 a.m. #2 Social Services

  • Claims

9:10 a.m. #3 County Auditor/Treasurer

  • Claims
  • Property Tax 

9:25 a.m. #4 County Highway/Landfill

  • Update

9:35 a.m. #5 Sheriff

  • Office Furniture

9:40 a.m. #6 COVID-19

  • Update
  • Accesses

Correspondence:


Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • CR 33
  • Home Health Care Task Force
  • Proposed Law Enforcement Center

Below is the information to attend either by the web or by phone

https://lotw20.my.webex.com/join/peder_h

or Dial in: 1-408-418-9388 Access Code 627433446

April, 2020

Commissioner Proceedings

April 3, 2020

The Lake of the Woods County Board of Commissioners met for a special meeting on Friday, April 3, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chair Jon Waibel called the meeting to order at 1:00 p.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Jon Waibel, Joe Grund, and Cody Hasbargen.  Present by phone were: Commissioners: Buck Nordlof and Ed Arnesen.  Also present were: County Auditor/Treasurer Lorene Hanson, County Attorney James Austad, and Mike Hovde.

APPROVAL OF AGENDA

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the agenda. For: Commissioner: Ed Arnesen, Joe Grund, Cody Hasbargen, Buck Nordlof and Jon Waibel; Against:  None

COVID-19

Accesses

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried as follows:  For: Commissioner: Ed Arnesen, Joe Grund, Cody Hasbargen, Buck Nordlof and Jon Waibel; Against:  None.

RESOLUTION

PROTECTING ALL CITIZENS

COVID-19

RESOLUTION NO. 20-04-01

WHEREAS; the COVID-19 Pandemic Virus is impacting the Lake of the Woods County and its’ businesses; and   

WHEREAS; Minnesota Governor Tim Walz’s office has issued a reminder that the exemption to the Stay at Home order allowing outdoor recreation isn’t a blank check to travel; and

WHEREAS; MN State officials say the spirit of the “Stay-at-Home” order is that people not travel outside their communities for recreation, even if the letter of the law doesn’t state that.  That means don’t get on the highway and drive across the state or the country to go fishing; and

WHEREAS; Minnesota Department of Natural Resources (MnDNR) officials have started using the term “community” to describe where people should be outdoors during the order, as in “only in your own community”. DNR conservation officers have been using the term and DNR Commissioner Sarah Strommen posted it on social media; and

WHEREAS; “The bottom line is this: Folks have to use common sense on what is close to home,’’ said Kim Pleticha, Assistant Communications Director for the DNR. “This is hard on everyone. All Minnesotans have cherished outdoor traditions, but those traditions are going to have to be on hold right now.”; and

WHEREAS; “To save lives, we need as many Minnesotans to stay at home as possible. The exemptions are meant to be narrow and allow for the continuation of critical health and safety functions. Although the executive order doesn’t prohibit traveling for outdoor recreation, the Governor strongly urges all Minnesotans to stay close to their primary residences,” the statement noted. “If people do go out, they are asked to maintain strict social distancing. Staying home helps protect your neighbors from spreading COVID-19 and also avoids crowding rural medical facilities. Avoiding this kind of travel makes us all safer and healthier.”

WHEREAS; Several Minnesota and Wisconsin counties have already taken action urging usually cherished tourists and part-time residents to stay away until COVID-19 passes, saying residents don’t want to be exposed and noting their small-town medical resources are ill-equipped to handle a major outbreak of disease.

WHEREAS; Lake of the Woods County of Commissioners requests all citizens to follow Governor Walz’s “Stay-at Home” order to keep our local citizens and the general public healthy; and

THEREFORE, BE IT RESOLVED; Lake of the Woods County Board of Commissioners, in following Governor Walz’s order and Minnesota Administrative Rules No. 6110.3700, Subpart 9, are closing surface waters in front of all public accesses to Lake of the Woods and Rainy River including Wheelers Point (150’W x 30’D) and Wabanica (30’W x 20’D), effective Friday, April 3, 2020, at 11:59 p.m. until Tuesday, April 14, 2020, at 11:59 p.m., and will be addressed at weekly COVID-19 meetings.

Commissioners:  Ed Arnesen, Joe Grund, Cody Hasbargen, Buck Nordlof, Jon Waibel

RECESS

With no further business before the board, Chairman Jon Waibel called the meeting to recess at 1:25 p.m.

Attest:                                                                          April 14, 2020

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Jon Waibel

=============================================================================================================================================================================================================================================

Commissioner Proceedings

April 7, 2020

The Lake of the Woods County Board of Commissioners met for a special meeting on Tuesday, April 7, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chair Jon Waibel 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, Buck Nordlof and Cody Hasbargen.  Present by phone were: Commissioners: Ed Arnesen and Joe Grund.  Also present were: County Auditor/Treasurer Lorene Hanson, County Attorney James Austad, County Sheriff Gary Fish, Emergency Management Director Jill Hasbargen-Olson, County Engineer AJ Pirkl, and Mike Hovde.

APPROVAL OF AGENDA

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the agenda. For: Commissioner: Ed Arnesen, Joe Grund, Cody Hasbargen, Buck Nordlof and Jon Waibel; Against:  None

COUNTY ENGINEER

Approval of Bids

SAP 039-631-005 CSAH 31 to KGM $613,741.65

Bostic/JD 28 to Wright Construction $226,115.50

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the bids for CSAH 31 to KGM with a bid of $613,741.65 and for Bostic/Judicial Ditch 28 to Wright Construction with a bid of $226,115.50. For: Commissioner: Ed Arnesen, Joe Grund, Cody Hasbargen, Buck Nordlof and Jon Waibel;
Against: None

COVID-19 UPDATE

County:

Emergency Management Update

No new updates. County employees can continue to work on FEMA ICS classes.

Sheriff

No new updates.

Fishing/Guiding/Lodging Services

The Board is in communication with the Governor’s Office about questions from constituents regarding offering services during the stay-at-home order. Lodging facilities are asking if they can rent rooms to fisherman and some fishing guides would like to start their operations.

Property Taxes

The Board discussed property taxes and are waiting to see if the state will be addressing property taxes statewide. Add property taxes to next board meeting agenda.

Motor Vehicle

Motor Vehicle services are now considered essential and the county can assist customers by mail and through the drop box.  Renewals will be mailed to the customer.  Driver’s License services will remain closed.

Proposed Law Enforcement Center

The Department of Corrections will be reviewing project delays/extensions due to COVID-19 on a case by case basis, no need to submit a letter at this time.

RECESS

With no further business before the board, Chairman Jon Waibel called the meeting to recess at 9:20 a.m.

Attest:                                                                          April 14, 2020

__________________________________                _________________________________County Auditor/Treasurer, Lorene Hanson                    Chairman of the Board, Jon Waibel

=============================================================================================================================================================================================================================================

Commissioner Proceedings

April 21, 2020

The Lake of the Woods County Board of Commissioners met for a special meeting on Tuesday, April 21, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Chair Jon Waibel 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, Buck Nordlof, Cody Hasbargen, Ed Arnesen and Joe Grund.  Also present were: County Auditor/Treasurer Lorene Hanson, County Attorney James Austad, Emergency Management Director Jill Hasbargen-Olson, and Mike Hovde.

APPROVAL OF AGENDA

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the addition of tourism under the emergency management update.

COUNTY ENGINEER

Approval to Request Quotes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the County Engineer request to get quotes for gravel in the southern part of the county.

COVID-19 UPDATE

Emergency Management Update

Public Health/CHI LakeWood Health

A COVID-19 update from CHI LakeWood Health was provided by Kay M. Schell, Public Health Manager, and Jenny Loughrey, Infection Control and Employee Health Coordinator, via conference call.  

Schell commented on how businesses have ramped up cleaning procedures and some are installing plexiglass at their counters. Schell continues to work on policies for COVID-19 and attends meetings to stay updated on the latest COVID-19 information.

Loughrey shared that a universal masking protocol and screening process is in place at CHI LakeWood Health.  She thanked the community for donations of alternative face masks.  A survey, by the Minnesota Department of Health, to monitor processes for COVID-19 in long-term care was conducted at CHI LakeWood Health and no deficiencies were received.

County

Tourism

Commissioner Ed Arnesen talked about how to open up tourism safely and the need to have a proactive response.  Jill Hasbargen-Olson said that the next emergency management stakeholders meeting will be on Thursday at 4 pm and invited the tourism board to attend via WebEx.  Meeting information will be sent to Joe Henry. Schell encouraged the tourism board to reach out to herself, Loughrey and Hasbargen-Olson for resources or training needs.

Accesses

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the opening of all County controlled Right of Ways that provide access along the Rainy River effective Tuesday, April 21, 2020.

Property Taxes

County Auditor/Treasurer Lorene Hanson provided the Board with examples of strategies that counties are implementing or considering regarding property taxes. The County does not have the authority to change property tax due dates.  It was requested that property taxes be put on the agenda for the next regular board meeting.

OTHER AREAS OF CONCERN

Landfill 

Ted Furbish is working on spring organization at the landfill and communicated that the landfill will be closed to the public on Wednesdays until further notice.  The landfill is open on Saturday for contractors by appointment only. Other dates and hours of operation will continue as previously listed. The recycle trailer will be removed for a short time. The grinder should be delivered by the middle or end of May.

Northern Light Region

Mike Hovde, from the Northern Light Region, questioned a change made to when the state-owned public accesses would open.  Also discussed updates from Hospitality Minnesota, which helped to simplify the executive order by the governor in relation to lodging and tourism.

Courts

County Attorney, James Austad, has been in meetings with district court administrators and they are working on a process to reopen courtrooms. Austad will keep the Board updated on the plan.

Add to Agenda

Commissioner Ed Arnesen would like future county spending and website updates added to the next board meeting agenda.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 9:49 a.m.

Attest: April 28, 2020

__________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel 

Commissioner Proceedings

April 28, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 28 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of April 14, 2020 and April 21, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $6,982.47, Commissioners Warrant’s $3,104.61, Commissioners Warrant’s $21,865.91.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $66,450.46; Road & Bridge $53,670.47; Solid Waste $17,142.03;

WARRANTS FOR PUBLICATION

Warrants Approved On 4/28/2020 For Payment 4/30/2020

Vendor Name Amount

Allstates Pavement Recycling & Stab. Inc 10,366.00

Avenu Insights & Analytics 6,311.59

ByteSpeed, LLC 3,844.00

Mar-Kit Landfill 14,595.50

Mike Motors of Minnesota Inc 28,840.00

Minnesota Ui 3,633.90

Northern Light Region 3,586.43

Office Liquidators Inc. 9,881.00

Quadient Finance USA Inc. 3,000.00

Ranger GM 37,045.00

31 Payments less than 2000   16,159.54

                               Final Total: 137,262.96

Further moved to authorize the payment of the following auditor warrants: April 15, 2020 for 43,754.64; April 22, 2020 for 10,625.47.

Property Tax

Resolution

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

RESOLUTION 

PROPERTY TAX LATE PAYMENT ABATEMENT 

COVID-19

RESOLUTION NO. 20-04-02

WHEREAS; the Lake of the Woods County Board of Commissioners declared Lake of the Woods County in a State of Emergency for the COVID-19 Public Health Emergency effective March 16, 2020, pursuant to Minnesota Statutes 2019 Chapter 12; and 

WHEREAS; the COVID-19 Pandemic Virus is impacting Lake of the Woods County residents and its’ businesses; and

WHEREAS; Lake of the Woods County desires to provide temporary relief to its residents and businesses within the County that have been directly or indirectly impacted by the economic pressures caused by the COVID-19 pandemic; and

WHEREAS; Lake of the Woods County recognizes that due to unemployment, lost or reduced wages and the loss of business income, the timely payment of property taxes will be a major economic pressure for many county property owners and businesses this year; and

WHEREAS; Lake of the Woods County recognizes that not all individual and business property owners may be experiencing financial hardships due to COVID-19, and those who can, are encouraged to pay their property taxes by the due date of May 15, 2020 or as scheduled.  This would also include all who utilize escrow payments and Automatic ACH payments (Direct Payment of Property Tax); and 

WHEREAS; the Lake of the Woods County Board may, pursuant to Minnesota Statute 279.01, subdivision 2, with the concurrence of the County Treasurer, abate the penalty for late payment of property taxes in the current year; and

WHEREAS; the Lake of the Woods County Board finds that imposing the penalty for late payment of the 2020 current year property taxes that would be imposed between May 16, 2020 and July 15, 2020 would be unjust and unreasonable; and

WHEREAS; the Lake of the Woods County Auditor/Treasurer concurs with the County Board’s findings and its desire to abate the penalty for taxpayers for late payment of the 2020 current year property taxes that would be imposed between May 16, 2020 and July 15, 2020.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners pursuant to Minnesota Statute 279.01, subdivision 2, hereby delegates authority to the County Auditor/Treasurer to abate any penalties for late payments made for the first half of current year 2020 property tax payments due in May 2020, and paid on or before July 15, 2020; 

FURTHER, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners encourages all taxpayers that can pay their property taxes by May 15, 2020 to comply with the due date.

FURTHER, BE IT RESOLVED, by the Lake of the Woods County Board of Commissioners, that this abatement consideration applies only to current year property tax payments originally due in May 2020, but received on or before July 15, 2020, and any taxes paid after July 15, 2020, will revert to the regular penalty schedule.

Snowmobile Trails Assistance Program Resolutions

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and moved for adoption: 

Resolution No. 20-04-04

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club. 

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement. 

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project. 

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and moved for adoption: 

Resolution No. 20-04-05

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Lake of the Woods Drifters Land and Big Traverse Trails managed by Lake of the Woods Drifters. 

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement. 

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project

FUTURE COUNTY SPENDING

It was the consensus of the Board that departments visit with the Board before making capital expenditures, even if the item was budgeted for. The Board requested to review Revenue and Expenditure guidelines again.

MIS

Website Update

MIS Director, Peder Hovland, contacted other counties to discuss their websites and vendor recommendations.  An updated ADA compliant website could cost $30,000 to $60,000 to build with an additional annual cost of $6,000 to $7,000.  A committee with representation from each department will be formed.  Commissioners would like MIS to get quotes for the updating of the website.  

LAND AND WATER PLANNING

MCIT Sponsoring Entity Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and moved for adoption: 

RESOLUTION #20-04-03

Sponsorship of Lake of the Woods Watershed Joint Powers Board for Minnesota Counties Intergovernmental Trust Membership

WHEREAS, Lake of the Woods County is a member of the Minnesota Counties Intergovernmental Trust; and

WHEREAS, a current member of the Minnesota Counties Intergovernmental Trust must sponsor a new entity for membership; and 

WHEREAS, Lake of the Woods Watershed Joint Powers Board desires to become a member for the purposes of obtaining liability, property, and workers compensation coverage.

NOW, THEREFORE, BE IT RESOLVED, that Lake of the Woods County sponsors Lake of the Woods Watershed Joint Powers Board for membership.

Adopted this 28th day of April, 2020

COUNTY HIGHWAY/LANDFILL

Update County Highway

County Engineer, AJ Pirkl, provided the County Highway update. 

An invitation was extended to Lindsay Krause for the U of M student intern position. Krause will start just after Memorial Day.  

Pirkl is looking into rental options for a Gradall Excavator.  The excavator can travel at highway speed (60 mph) and could increase ditch cleaning capabilities.  There are three dealers in Minnesota, the closest being in Virginia.  Pirkl will have more information for the next meeting.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to accept and approve the bid for SAP 39-030-003 Bituminous Seal Coat Project to Asphalt Surface Technologies Corporation (ASTECH) for $332,789.35.


Update Landfill
County Engineer, AJ Pirkl, provided the County Landfill Update. The landfill plans to start operating at full-staff after the road restrictions are lifted. Pirkl submitted the landfill expansion and updated ground water monitoring plan to the MCPA last Friday.

EMERGENCY MANAGEMENT

Approval of New Radio Console

Jill Hasbargen-Olson, Emergency Management Director, requested approval for the MCC 7500 Dispatch Console.  The Emergency Communications Networks (ECN) has agreed to cover 44% of the cost, Hasbargen-Olson is also working with insurance to cover some of the cost due to damage from the lightning strike last summer. The quote was for $380,572 (-$167,451.68 from ECN = $213,120.32).  Hasbargen-Olson said that the fire department, ambulance and school buses will be switching to the armor system this summer.  County Highway still uses VHF radios. The County Board suggested to move forward but to work with the County Engineer, AJ Pirkl, to get the County Highway onboard at the same time.

Hasbargen-Olson also talked about 911 equipment in dispatch that is nearing end of life, more information on this equipment will be provided at the next meeting.  The board requested an update on ongoing expenditures in the 911 budget.


Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of the MCC 7500 Dispatch Console for Lake of the Woods County at a cost of up to $213,120.00 (after ECN pays 44%). 

COVID-19 UPDATE

Jill Hasbargen-Olson, Emergency Management Director, had nothing new to report on the COVID-19 front and no confirmed cases in Lake of the Woods County. ANI Pharmaceuticals was set to present at the next stakeholders meeting on their COVID-19 cleaning procedures and employee protocols.  Ryan Zemek from Lake of the Woods Economic Development was also asked to provide information.  

Hasbargen-Olson continues to work with public health and reported that the memorandum of understanding has not been received back from the hotels and the arena.  She recommended that the County Board review travel and trainings policies for county employees and consider if those will continue, web conferences for future meetings and trainings was encouraged.  It was suggested to have the department heads meet to plan for reopening the county buildings. Consider having a masking/screening processes in place for employees and a policy template that each department could complete to plan for social distancing and cleaning.  Department heads will be requested to attend the May 5th special COVID-19 meeting. 

Hasbargen-Olson will work with the Northern Light Region to include a Thank You to the community for the masks and support during COVID-19.

James Austad, County Attorney, mentioned that Court Administration is having a meeting to continue plans for reopening the courts.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 10:48 a.m.

Attest: May 12, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel 

April, 2019

Commissioner Proceedings

Special Meeting

April 2, 2019

The Lake of the Woods County Board of Commissioners met in Special session on Tuesday, April 2, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Cody Hasbargen called the meeting to order at 9:05 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Cody Hasbargen, Jon Waibel, Buck Nordlof and Ed Arnesen. Also, present were: County Auditor-Treasurer Lorene Hanson, County Attorney Jim Austad and Human Resource Director Savanna Slick.

Approval of Agenda

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda.  

Non-Elected Department Head Evaluations:

Social Services Director

Social Services Director, Amy Ballard met with the County Board for a performance evaluation.  Chairman Cody Hasbargen asked Amy if she would like her evaluation opened or closed.  Amy chose to have it open.  Amy Ballard, Social Services Director, was evaluated and received a favorable review.

MIS Director

MIS Director, Peder Hovland met with the County Board for a performance evaluation.  Chairman Cody Hasbargen asked Peder if he would like his evaluation opened or closed.  Peder chose to have it open.  MIS Director, Peder Hovland, was evaluated and received a favorable review.

Public Works Director

Public Works Director, Tim Erickson met with the County Board for a performance evaluation.  Chairman Cody Hasbargen asked Tim if he would like his evaluation opened or closed.  Tim chose to have it open. Public Works Director, Tim Erickson, was evaluated and received a favorable review.

County Assessor

County Assessor, Mary Jo Otten met with the County Board for a performance evaluation.  Chairman Cody Hasbargen asked Mary Jo if she would like her evaluation open or closed.  Mary Jo chose to have it open.  County Assessor, Mary Jo Otten, was evaluated and received a favorable review.

Veteran’s Service Officer

Veteran’s Service Officer, Rick Rone met with the County Board to give updates from the Lake of the Woods County Veteran’s Service Office.

Recess

The meeting was called to recess at 11:45 am and reconvened at 1:00 pm as follows:

Elected Department Head Updates:

County Recorder

County Recorder, Sue Ney presented the County Board with updates from the Lake of the Woods County Recorder’s Office.

County Sheriff

County Sheriff, Gary Fish presented the board with updates from the Lake of the Woods County Sheriff’s Office.

Recess

With no further business before the County Board, Chairman Cody Hasbargen called the meeting to recess at 3:26 p.m.

Attest:                                                                                      April 9, 2019

__________________________________                            _________________________________County Auditor-Treasurer, Lorene Hanson                               Chairman of the Board, Cody Hasbargen

=========================================================================================================================================================================

Commissioner Proceedings

April 9, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 9, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Cody Hasbargen and Ed Arnesen. Also, present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to approve the agenda with the following addition- Cost Share and Resolution of Support- 148 Fighter Wing and Remonmentation Program.  

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve the official and summarized minutes of March 26, 2019.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve the official minutes of April 2, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard met with the board requesting approval for claims.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $12,197.06, Commissioners Warrant’s $801.53, Commissioners Warrant’s $11,507.28.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, lost warrants Revenue and Expenditure and Investment Report.

Claims

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the claims against the County as follows: Revenue $100,121.37, Road & Bridge $15,462.62, County Devlp. $10,200.00, Solid Waste 85,494.92, EDA, $184.10.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/09/2019 For Payment 4/12/2019

Vendor Name                                                    Amount

Baudette LOW Chamber Of Commerce                                 9,500.00

Compudyne, Inc                                                                     2,400.00

Counties Providing Technology                                              4,070.00

Dell Marketing, Lp                                                                   7,103.33

Howard’s Oil Company                                                          3,403.98

Lakes Gas Co                                                                        2,251.90

LOW Highway Dept                                                               7,730.28

LOW Humane Society                                                            9,022.99

Mar-Kit Landfill                                                                     13,494.00

Mn Counties Computer Co-Op                                              37,958.54

Nuss Truck & Equipment                                                        3,821.83

R & Q Trucking, Inc                                                                2,060.00

Shi Corp                                                                                 9,453.00

St. Louis County Auditor                                                        2,000.00

Sun Monitoring                                                                       2,290.00

Swanston Equipment Corp                                                 57,203.00

University Of Mn                                                                    9,222.51

Voyageurs Comtronics, Inc                                                   2,640.00

Woody’s Service                                                                    2,870.67

Ziegler, Inc                                                                             3,480.78

51 Payments less than 2000 19,486.20

Final Total: 211,463.01

Further moved to authorize the payment of the following auditor warrants- March 26, 2019 $141,059.30, April 2, 2019 $163,408.48, April 3, 2019 $14,357.10.

Lost Warrants

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the application and affidavit for lost warrant for Bobby Beggs, dated July 18,2018 for $134.00 without furnishing indemnifying bond.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the application and affidavit for lost warrants for Boyd Johnson, dated August 31, 2018 for $10.79 without furnishing indemnifying bond.

Revenue/Expenditure and Investment Review

County Auditor/Treasurer, Lorene Hanson reviewed the First Quarter Revenue/Expenditure reports and the Investments with the board.

COUNTY RECORDER

County Recorder, Susan Ney met with the board requesting to replace the current passport photo equipment with a faster and more efficient system in the amount of $999.00 as budgeted.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Arnesen and carried unanimously to authorizes County Recorder, Susan Ney to purchase photo equipment for passport issuance in the amount of $999.00 as budgeted.

COMMISSIONERS

Chairman Hasbargen informed the board that they received a letter from Chuck Larsen formally requesting to remove the Petition for the partial ditch abandonment of Ditch 36 which is adjacent to Larsen property, Acceptance of Waibel Estates Plat Road and Resolution of Support for the 148th Fighter Wing for a new F-35 aircraft.

Ditch 36

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to accept the Chuck Larsen letter of request to remove the partial ditch abandonment of Ditch 36 which he had filed with the County.

Waibel Estates Plat

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Grund to accept a portion of Golden Gopher Drive, Badger Road and Fighting Sioux Loop within Waibel estates in Section 1, T-161-N, R-32-W, as Unorganized Township Road No. 207. The roads total .40 miles in length and shall be classified at Maintenance Level “C” as per attached map. The vote carried as follows: Voting For- Commissioners Arnesen, Grund, Nordlof and Hasbargen. Abstaining: Commissioner Waibel.

148th Fighter Wing

Resolution

148 FIGHTER WING, MINNESOTA AIR NATIONAL GUARD BASE

Resolution No. 19-04-01

The following Resolution was offered by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the following resolution of support as follows:

WHEREAS; the 148th Fighter Wing, Minnesota Air National Guard Base located in Duluth, MN has been and continues to be a stable employer for air men and women across Northern Minnesota, Wisconsin and Michigan for many years; and

WHEREAS, the base has provided an estimated $94 million annually in direct expenditure in the region; and

WHEREAS, the base is a respected member of our region supporting quality men and women who raise their families throughout the region supporting our healthcare facilities, education systems, businesses, and communities; and

WHEREAS, the entire region of Northern Minnesota, Wisconsin and Michigan is impacted positively by economic vitality of the base, and

WHEREAS, the longevity and continued viability of the base can be supported and enhanced by the installation of new F-35 aircraft;

THEREFORE, BE IT RESOLVED, that we support and encourage the continued viability of the 148th Fighter Wing, Minnesota Air National Guard Base in Duluth, Minnesota by asking Congress and the appropriate Military Leadership to place new F-35 aircraft there as soon as possible in support of our nations’ defense.

PUBLIC WORKS

Assistant Engineer, Boyd Johnson met with the board requesting approval to proceed with Shop Repairs and removed the AMC resolution until next meeting.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to authorize Public Works Director, Tim Erickson to hire Midstate Installations to repair the shop in the amount of up to $40,000.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval for the 2018 Federal Boating Safety Equipment Grant in the amount of $10,022.

Resolution

The following Resolution was offered by Commissioner Nordlof and moved for adoption:

A RESOLUTION AUTHORIZING THE ANNUAL

BOAT & WATER SAFETY GRANT

Resolution No. 2019-04-02

WHEREAS, under the provisions of M.S.84.026, M.S. 86B.101, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner of Natural Resources; and,

WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties.

NOW, THEREFORE BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of March 1, 2019 through August 14, 2019 in the amount of $10,022.00 and authorize County Sheriff, Gary Fish, Chairman Hasbargen and County Auditor/Treasurer Lorene Hanson to sign.

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

LAKE OF THE WOODS TOURISM BUREAU

Lake of the Woods Tourism Bureau Director, Joe Henry and Assistant Tourism Bureau Director Alyse Berggren met with the board to discuss the 2019 Ploughing Contest. Joe requested support from the county. No board action was taken.

REMONUMENTATION

Land and Water Planning Director, Josh Stromlund and County Surveyor, Chad Conner met with the board to review properties in Swiftwater Township that are outside of the County’s current cost share boundary. He explained that there are two landowners requesting cost share with their surveys in this area. Chad explained that the County Board as the authority to expand the cost share program to areas they see appropriate for restoration of section corners in any area of need.  

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to transfer $7,500 from the Natural Enhancement Fund to the Remonmentation account within the County Development fund effective 2019-2021.

Motion

Cost Share

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to add Sections 1-12 in Swiftwater Township to the Cost Share Program for Remonumentation Projects.

RECESS

The meeting was called to recess at 11:15 a.m. and reconvened at 11:20 a.m. as follows.

LAND AND WATER PLANNING DIRECTOR REVIEW

Land and Water Planning Director, Josh Stromlund met with the County Board for a performance evaluation.  Chairman Cody Hasbargen asked Josh if he would like his evaluation opened or closed.  Josh chose to have it open.  Josh Stromlund, Land and Water Planning Director, was evaluated and received a favorable review.

RECESS

With no further business before the board, Chairman Hasbargen called the meeting to recess at 11:50 a.m.

Attest:                                                                                      April 23, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Cody Hasbargen

=========================================================================================================================================================================

Commissioner Proceedings

April 23, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 23, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof and Cody Hasbargen. Absent Ed Arnesen. Also, present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to approve the agenda with the following addition- CN Poles.  

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to approve the official and summarized minutes of April 9, 2019.

SOCIAL SERVICES

Social Services Supervisor, Jodi Ferrier met with the board requesting approval for claims.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $11,477.63, Commissioners Warrant’s $2,906.17, Commissioners Warrant’s $18,806.21, Commissioners Warrant’s $1,468.52.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, Cartway hearing and Forfeited Land Classification.

Claims  

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve the claims against the County as follows: Revenue $31,906.79- Road & Bridge $26,908.88, Social Services- $1,100.00-Solid Waste- $6,069.78- EDA, $756.65.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/23/2019 For Payment 4/26/2019

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                     13,942.39

Independent Emergency Services                             8,582.53

LOW County Auditor-Treasurer                               18,458.38

Minnesota Ui                                                               3,223.11

Northern Light Region                                                 2,159.63

Thompson Reuters-West Publishing Corp.                 2,386.50

48 Payments less than 2000 17,989.56

Final Total: 66,742.10

Further moved to authorize the payment of the following auditor warrants- April 10 2019- $99,119.09, April 17 2019 – $149,843.46.

Cartway Hearing   

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to set a Public Hearing for a Petition Cartway Hearing in Wheelers Township for Jared and Jill Martinsen and Andrea M. Olson for May 14, 2019 at 10:30 a.m. at the site Pursuant to Minn. Stat. §. 164.08, contingent approval from County Attorney, James Austad.

Forfeited Land Classification

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to set a notice of intent for Forfeited Land Classification to classify or re-classify tax forfeited lands prior to the sale of those lands for July 23, 2019 at 9:15 a.m. Pursuant to MN Statute § 282.01, subd 1(c)   

CN Poles

The board discussed concerns from constituents in regards to the CN Poles along Highway 11 East. Public Works Director will contact the CN in regards to this issue.

LAKE OF THE WOODS SCHOOL

Lake of the Woods School High School Principal, Brian Novak met with the board to inform them that Lake of the Woods High School is working on bringing Welding Classes back to the vocational programs offered by the School. Brian reviewed the approximate budget needs for 2019-2020 with the board. 

PUBLIC WORKS

Years of Service Recognition for Craig Slick

Resolution

The following resolution was offered by Chairman Hasbargen and moved for adoption:

Recognition of years of service

Craig  Slick

Resolution No. 19-04-04

Whereas:  Craig Slick has served Lake of the Woods County as Heavy Equipment Operator since May 4, 1983 (35 years, 360 days);

 Whereas:  Craig will retire from Lake of the Woods County effective April 30, 2019;

Now Therefore, Be it Resolved:  That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Craig Slick for his dedicated service and wishes him well on his retirement.

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

Approval of Bids

Public Works Director Tim Erickson met with the board requesting approval of Bids for SAP 039601-032, SAP 039603-024, SAP 039-606-018, and SAP 039-592,001 to the lowest responsible bidder to Agassiz Asphalt, LLC in the amount of $2,817,723.17.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Waibel and carried unanimously to award Bids for SAP 039-601-032, SAP 039-603-024, SAP 039-606-018, and SAP 039-592-001 to the lowest responsible bidder to Agassiz Asphalt, LLC in the amount of $2,817,723.17,

County State Aid Roads

Public Works Director, Tim Erickson met with the board to discuss the request of support from AMC fpr an increase in annual funding to maintain County State Aid roads. Tim reviewed the funding sources and distribution of funds for the CSA roads.

Resolution

FUNDING FOR STATEWIDE TRANSPORTATION SYSTEM

Resolution No. 19-04-05

WHEREAS; Minnesota Counties maintain 30,742 miles of County State Aid Highway (CSAH) roads and 14,141 miles of county roads, totaling over 30% of the state’s roadways; and

WHEREAS; the total annual need is $1.084 billion over the next 25 years just to maintain the current CSAH and county road system, not including expansion; and

WHEREAS; the annual funding gap for counties has resulted in deferring basic maintenance, delaying expansion projects with resulting safety concerns, mounting congestion, and missed economic growth for businesses and commuters; and

WHEREAS Lake of the Woods County Board of Commissioners are not in support of the proposed gas tax increase; they are in support of a comprehensive and sustainable transportation solution that should include robust funding for roads, bridges, and transit, and addresses the varying needs in different parts of the state; and

WHEREAS; increased funding for Minnesota’s Highway User Tax Distribution Fund would provide additional, stable funds for MnDOT, all 87 counties, all cities with a population of 5,000 or more, and townships across the state;

NOW THEREFORE BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners encourages the Minnesota Legislature to pass and the Governor to sign a bill that brings adequate funding to Minnesota’s statewide transportation system.

RECESS

The meeting was called to recess at 11:20 a.m. and reconvened at 12:35 p.m.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to amend the agenda and add New Law Enforcement Contract Manger.

NEW LAW ENFORCEMENT CENTER

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve Construction Manager Contract for the New Law Enforcement Center contingent approval of County Attorney, James Austad.

RECESS

With no further business before the board, Chairman Hasbargen called the meeting to recess at 12:45 p.m.

Attest:                                                                                      May 14, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Cody Hasbargen

April, 2018

Commissioner Proceedings

April 10, 2018

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 10th 27, 2018 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ken Moorman, Cody Hasbargen, Ed Arnesen, Buck Nordlof and Jon Waibel. Also present were: County Auditor/Treasurer, Lorene Hanson and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hasbargen and carried unanimously to approve the agenda with the following additions: International Bridge Meeting, Williams School, IT Data Requests and ELS Tier I.  

Approval of Minutes

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the official minutes and summarized minutes of March 27, 2018 minutes.

SOCIAL SERVICES

Social Services Financial Officer, Christine Hultman met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve the following claims: Commissioners Warrants $7,665.03, Commissioners Warrants $1,947.56, Commissioners Warrants $11,758.02.

WOJO’S RODEO

Sue Larson, Representative for Lake of the Woods Fair Grounds, and Wojo’s Rodeo, Dana Wojciechowski met with the board and presented the Wojo’s Rodeo Sponsorship package for the Rodeo to be held on Willie Walleye Weekend and requested contribution from the board to help with cost for the Rodeo.

Motion

Motion was made by Commissioner Nordlof seconded by Commissioner Hasbargen and carried unanimously to approve the contribution of $1,000 towards the Wojo’s Rodeo which will be held during the Willie Walleye weekend with funding from the Con-Con funds.

MIS/GIS DEPARTMENT

GIS Specialist, Eric Solo met with the board to discuss 911 address changes that have to be made because the State of Minnesota requires all counties to have the same standard addressing within the 911 next generation. Eric reviewed the reports with the board and informed the board that some number changes will be made to some of the address numbers and the name change from Main Street will be Krull Street which starts at 18th Ave and West. Eric informed the board that 85 addresses were affected in total and that letters have been sent to landowners.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the address change from Main Street to Krull Street, which starts at 18th Ave and West, and the various number changes as presented.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board to award bids for the SAP 039-601-031&SAP 039-622-006. Lowest responsible bidder was Davidson Redi-Mix & Construction in the amount of $995,070.75. Engineers estimate for this project was $1,200,000.00.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to award the bid for SAP 039-601-031 & SAP 039-622-066 to Davidson Redi-Mix Construction in the amount of $995,070.75.

HUMAN RESOURCE DIRECTOR

Human Resource Director, Savanna Slick met with the board requesting approval to register for county wide e-learning Harassment Discrimination training thru MRA in the amount of $390.00.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to authorize Human Resource Director, Savanna Slick to register with MRA for e-learning classes for Harassment & Discrimination training in the amount of $390.00 with funding from the Human Resources account.

COUNTY AUDITOR/TREASURER

Claims

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, and State of MN Request for ELS Tier 1- Game and Fish Licenses terminal to be returned to the State for they need more terminals, our office does not sell enough license to justify the use of the terminal.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the claims against the county as follows: Revenue-$48,003.41-Road & Bridge-$21,445.92-County Devlp. -$145.00- Joint Ditch- $1,845.00 -Solid Waste-$25,125.81

WARRANTS FOR PUBLICATION

Warrants Approved On 4/10/2018 For Payment 4/13/2018

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                       2,499.04

Computer Professionals Unlimited Inc                         3,432.00

Freeberg & Grund, Inc                                                7,245.00

Howard’s Oil Company                                               2,045.03

Jake’s Quality Tire Inc                                                 2,300.47

Lavalla Sand & Gravel Inc                                          5,478.00

LOW Highway Dept                                                    6,270.00

Mar-Kit Landfill                                                          14,180.00

Mn State Dept-Correction                                         19,107.49

Northern Light Region                                                 3,818.76

Voyageurs Comtronics, Inc                                        2,694.00

Woody’s Service                                                        2,198.93

67 Payments less than 2000 25,296.42

Final Total: 96,565.14

Further moved to authorize the payment of the following Auditor warrants: March 28, 2018-$14,030.29, March 29, 2018- $1.00, April 4, 2018- $51,821.41, April 5, 2018- $145,605.24, April 5, 2018- (1.00).

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the return of the Tier 1 Computer (game and fish) to the State of Minnesota, Department of Natural Resource per their request.

WILLIAMS SCHOOL

Commissioner Moorman informed the board that he was at the City of Williams Council meeting and discussion was brought up about the road that runs by the school and the road is always wet, so they are believe it is coming from the schools well. The consensus of the board was to have Commissioner Moorman discuss with Land and Water Planning office.

RECESS

The meeting was called to recess at 10:35 a.m. and reconvened at 10:40 a.m.

MIS/GIS

MIS/GIS Director, Peder Hovland met with the board to discuss IT Data requests.  It was the consensus of the County Board to continue to follow our Data Request Policy and the importance of the storing of requests and the proof of fulfillment.

LAND AND WATER PLANNING

Assistant Zoning Director, Maranda Dahl met with the board and presented a Conditional Use Permit for the boards’ consideration of approval. Rollin and Julie Bergman are requesting to operate a commercial business consisting of transient short-term rental. Maranda reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with no conditions.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the following Findings of Fact for Rollin and Julie Bergman:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Rollin and Julie Bergman                                                     Date:  April 10, 2018

Location/Legal Description:   The North Half of the Northeast Quarter of the Northeast Quarter (N½ of NE¼NE¼) of Section Twenty-five (25), Township One Hundred Sixty-three (163) North, Range Thirty-four (34) West (Lakewood) of the Fifth Principal Meridian in Minnesota, according to the United States Government Survey thereof. Parcel ID# 14.25.11.000.

Project Proposal:  A Conditional Use Permit, as required by Section 401-C of the Lake of the Woods County Zoning Ordinance, to allow the applicant to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2).

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan?                                                                                                 (  ) YES (X) NO ( )  N/A (  )

Why or why not?  Vacation renal area.

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES ( ) NO () N/A (X)

Why or why not? ______________________________________________________

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                                                                    YES ( ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                                                                  YES ( )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?    YES ( )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

                                                                                                                        YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

7. Is the site in harmony with existing and proposed access roads?                     YES (X)  NO (  )  N/A (  )

Why or why not?  On existing county road, driveway exists.

8. Is the project proposal compatible with adjacent land uses?                YES (X)  NO (  )  N/A (  )

Why or why not?  Rural residential.

9. Does the project proposal have a reasonable need to be in a shoreland location?

                                                                                                                        YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

10.  Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal?                                                        YES (X)  NO (  )  N/A (  )

Why or why not?  Septic exists.      

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?                                                                                           YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems?

                                                                                                                          YES (X)  NO (  )  N/A (  )

Why or why not?  Already exist.     

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate?                                                          YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                                                                                  YES (   )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?                                                                                                    YES (X)   NO ( )  N/A (  )

Why or why not?  Not needed.        

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?                                                                                           YES (X)   NO ( )  N/A (  )

Why or why not?  Described in application.

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?

                                                                                                    YES (X)  NO (  )  N/A (  )

Why or why not?  Existing parking available.

The specific conditions of approval are as follows:  __________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public. 

The specific conditions of approval are as follows:  __________________________________

Approved as Presented (X)                            Approved with Conditions (  )                        Denied  (  )

                                                                                    _____________________________________

                                                                                                            Edward Arnesen

                                                                                                        Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

Committee Report: Commissioner Hasbargen reported on the Snowmobile Trail Meeting he attended.

Correspondence- BWSR report was reviewed.

RECESS

With no further business before the board, Chairman Arnesen called the meeting to recess at 11:40 a.m.

Attest:                                                                          April 24, 2018

__________________________________                _____________________________________

County Auditor/Treasurer, Lorene Hanson                    Chairman of the Board, Edward Arnesen

==========================================================================================================================================================================

Commissioner Proceedings

April 24, 2018

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 24th, 2018 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ken Moorman, Cody Hasbargen, Ed Arnesen, Buck Nordlof and Jon Waibel. Also present were: County Auditor/Treasurer, Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Moorman and carried unanimously to approve the agenda with the following additions: Williams Senior Citizens, Federal Boat and Water Grant and HRDC Apartment Complex, MOA- Lake of the Woods and Soil and Water.  

Approval of Minutes

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Moorman and carried unanimously to approve the official minutes and summarized minutes of April 10, 2018.

SOCIAL SERVICES

Social Services Director, Amy Ballard met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $9,431.96, Commissioners Warrants $2,278.24, Commissioners Warrants $10,681.83, Commissioners Warrants $35.00.

PAUL COLSON

Paul and Karen Colson, owners of Jake’s Resort discussed the issue of vehicles parking on County Road 333 causing blocking of the road. Public Works Director, Tim Erickson stated that they could put in a large culvert to accommodate parking.

RECESS

The meeting was called to recess at 10:20 a.m. and reconvened at 10:25 a.m.

SNOWMOBILE TRAILS

Drifters Club

Randy Orton and Mariah Mollberg representing the Drifters club met with the board and reviewed the 2017-2018 Snowmobile Trails Maintenance and Grooming and informed the board that there is major work to be done on a bridge located in Hay Creek.

Northwest Angle Edge Riders

Northwest Angle Edge Riders member Joe Laurin met with the board and reviewed the 2017-2018 Snowmobile Trails Maintenance and Grooming and informed the board that they did build a shed for the snowmobile trails equipment.

Resolutions

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

Resolution No. 18-04-02

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Big Traverse maintenance of snowmobile trail managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

The following resolution was offered by Commissioner Hasbargen, seconded by Commissioner Waibel and moved for adoption:

Resolution No. 18-04-03

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resources for Border Trails maintenance of snowmobile trail managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

Resolutions

The following resolution was offered by Commissioner Nordlof, seconded by Commissioner Hasbargen and moved for adoption:

Resolution No. 18-04-04

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

SHERIFF

County Sheriff, Gary Fish met with the board requesting Part-time Deputy Sheriff, Craig Severs to receive a grade increase from grade 12 to Grade 13 for he completed his coroner training and approval for the 2017 State of Minnesota Federal Boat and Safety Grant.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the grade adjustment for Part-time Deputy Sheriff Craig Severs to grade 13, points 288, wage $24.06 per hour effective May 6, 2018.

Resolution

The following resolution was offered by Commissioner Hasbargen, seconded by Commissioner Waibel and moved for adoption:

A Resolution Authorizing the Federal Boating Safety Supplement Grant Agreement

Resolution 18-04-05

WHEREAS, under the provisions of M.S. § 84.026 Subd. 1 the State is empowered to enter into this grant; the Sheriff of each county is required to carry out the provisions for recreational boating safety promulgated by the Commissioner.

WHEREAS, the allocation of funds by the Commissioner to assist in the funding of specific items for recreational boating safety.

NOW, THEREFORE, BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the Federal Boating Safety Supplement Grant Agreement, for the period of March 15, 2018 through August 31, 2018 in the amount of $4,812.00.

MAINTENANCE

Chairman Arnesen on behalf of the board congratulated Maintenance Supervisor, Walt Scribner on his retirement.

Resolution

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

Recognition of years of service

Walt Scribner

Resolution No. 18-04-01

Whereas:  Walt Scribner has served for Lake of the Woods County Maintenance Department since February 7, 2005;

Whereas: Walt has retired from Lake of the Woods County effective April 30, 2018;

Now Therefore, Be it Resolved:  That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Walt for his dedicated service and wishes him well on his retirement.

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

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting approval to advertise, interview and hire a Deputy Accountant at grade 9 and to advertise, interview and hire an Inspector. Tim informed the board that he will use a tier approach for the Inspectors position if the applicant(s) do not have four (4) years of experience, which then would start at grade 9 and move to grade 12 after completing the years of experience required.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Nordlof and carried unanimously to authorize Public Works Director, Tim Erickson to advertise, interview and hire a Deputy Accountant at grade 9, step 1.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to authorize Public Works Director, Tim Erickson to advertise, interview and hire an Inspector, with the tier option if applicant(s) do not have the requirements of four (4) years of experience at grade 9 and when years of experience are fulfilled move to grade 12.

VETERANS SERVICE OFFICER

Veterans Service Officer, Rick Rone met with the board requesting funds to purchase Veteran’s markers for their grave sites.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the purchase of three (3) boxes of Veteran Grave Markers not to exceed $6,000 from the Veterans account.

HEADWATER REGIONAL DEVELOPMENT COMMISSION(HRDC)

HRDC Operations Director, Mary Thompson met with the board to review the Baudette Housing Apartment Complex. The board asked if this project falls within the bidding process and Mary informed the board the Contractor does the bidding and makes sure it is done within the Public Entity. The board will make the final decision of the County contribution at the next meeting County Board meeting on May 8, 2018.

RECESS

The meeting was called to recess at 12:20 p.m. and reconvened at 1:25 p.m.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board requesting approval for the Memorandum of Agreement between Lake of the Woods Soil and Water Conservation District and Lake of the Woods County to work cooperatively to implement conservation practices to benefit water and soil resources. The MN DNR and Natural Resources Conservation Service, the SWCD submitted and received a FY 18 Clean Water Fund competitive grant from BWSR for $378,000 to minimize channel erosion in the Bostic watershed, which requires a match of up to $75,000. Josh informed the board that the SWCD approved this competitive grant.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the Clean Water Fund competitive grant from BWSR for $378,000 with match of up to $75,000.00 and authorize Chairman Arnesen to sign.

COUNTY AUDITOR/TREASURER

Claims

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve the claims against the county as follows: Revenue-$18,837.04-Road & Bridge-$17,259.55-County Devlp. -$1,200.00- Joint Ditch- $10,483.44 -Solid Waste-$19,873.60-EDA-$915.97-Taxes&Penalties-$110.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/24/2018 For Payment 4/27/2018

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                       4,759.09

Farmers Union Oil Co.                                                 2,307.76

Lakes Gas Co                                                             2,374.32

LaValla Electric DBA/Ned                                           4,743.00

Minnesota Ui                                                               2,338.91

Northwest Concrete                                                 10,483.44

R & Q Trucking, Inc                                                     3,605.00

Screen USA, Inc                                                         7,308.14

Thompson Reuters-West Publishing Corp.                 2,793.00

TOTALFUNDS                                                             2,000.00

Ziegler, Inc                                                                  6,897.06

53 Payments less than 2000 19,069.88

Final Total: 68,679.60

Further moved to authorize the payment of the following Auditor warrants: April 11, 2018–$93,891.08, April 18, 2018-$11,435.12.

FEMA MEETING

County Auditor/Treasurer Lorene Hanson informed the board that FEMA will be meeting here on May 3, 2018, from 3:00-5:00 p.m. to review draft update work maps for Lake of the Woods County

Life Insurance

County Auditor/Treasurer, Lorene Hanson discussed the Short-term disability insurance. The consensus of the board was to transfer the county’s contribution for short-term disability insurance to an additional contribution towards employee’s life insurance.

Election Plan

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval for the Lake of the Woods County Electronic Voting System Plan which is required by MN Stat.206.82, subd.2, use of electronic voting systems.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the Lake of the Woods County Electronic Voting System Plan as presented.

Audit Findings

County Auditor/Treasurer, Lorene Hanson informed the board of Audit Findings from the State Auditors, which consisted mostly of reporting issue from exhibits to notes in the financial reports.

DITCH AUTHORITY

County Auditor/Treasurer, Lorene Hanson, Land and Water Planning Director, Josh Stromlund and Public Works Director, Tim Erickson discussed JD 28. They informed the board that they are waiting to hear back from Attorney, Kurt Deter.  Commissioner Hasbargen inquired about the status of Lester Boomgaarden petition. Tim informed the board that they have met with Lester Boomgaarden.

PETITION

County Auditor/Treasurer informed the board that they received a Petition for abandonment for Joint Ditch 36 with Beltrami County and the MN DNR. Commissioner Moorman and Hasbargen will attend this meeting on June 5, 2018.

SHERIFF

County Sheriff, Gary Fish informed the board that they will need to meet to discuss the recent Jail Inspection. The board placed this on the agenda for a work session after the Board meeting on May 8, 2018.

CLOSED SESSION

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to close the regular meeting at 2:23 p.m. and open the closed session pursuant to MN Stat. 13D.03.Subd. 1(b)-union negotiations. Members present: Commissioner Arnesen, Moorman, Hasbargen, Waibel and Nordlof. Also, present: Human Resource Director, Savanna Slick.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to close the closed session at 2:58 p.m. and open the regular session.

UNION DISCUSSION

The board discussed employee wages. No action taken.

RECESS

With no further business before the board, Chairman Arnesen called the meeting to recess at 3:23 p.m.

Attest:                                                                          May 8, 2018

__________________________________                _____________________________________

County Auditor/Treasurer, Lorene Hanson                    Chairman of the Board, Edward Arnesen

April, 2017

Commissioner Proceedings

April 11, 2017

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 11, 2017 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Vice- Chairman Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ken Moorman, Cody Hasbargen, Jon Waibel, and Ed Arnesen. Absent Buck Nordlof.  Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd, and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to approve the agenda with the following additions: Beltrami / Lake of the Woods Partial Judicial Ditch, Beaver Dam, Judicial Ditch 26, 28 and County Road 72 , Beaver Dam-Kelly Creek, Arrowhead Library System, Take A Kid Fishing and Liquor License approval.  

Approval of Minutes

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the official and summarized minutes of March 28, 2017.

LAKE OF THE WOODS SCHOOL

Radio Antenna

Maintenance Supervisor, Reed MacFarlane met with the board requesting permission for moving the Schools Radio Communication system from the Tower on the Lake Road to the County’s Tower over by Erickson’s Mill. Reed explained that many years ago when Mr. Sjoberg acquired the tower on the Lake Road he told the school that as a community service he would allow the School to place an antenna on his tower at no cost, later when the tower was sold to Crown Castle, they stated that they would no honor any prior agreements and that the school would have to pay a quarterly rental fee. At this tower there is no backup generation system, where the County tower has back-up and the Schools radio systems a very intricate part of the County’s Emergency Drills and that the school buses are also part of the plan as well as the School being designated as a temporary relief center in case of wide spread loss of power or some other disaster.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to authorize Lake of the Woods School District the use of Lake of the Woods County tower located approximately 3 miles east of town on HWY 72, located by Erickson Mill at no cost and authorize County Auditor/Treasurer, Lorene Hanson to enter into an agreement contingent approval of County Attorney, James Austad.

ARROWHEAD LIBRARY SYSTEM/TAKE A KID FISHING

Arrowhead Library

The board reviewed the budget from Arrowhead Library System and requested that Executive Director Jim Weikum, and Appointed Board Member, Ron Rudd meet with the board and give an update on the Library System.

Take A Kid Fishing
The board reviewed the letter of request from Take A Kid Fishing Committee requesting the county’s support for the upcoming event being held on June 21.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to support the Take A Kid fishing day and approve payment as budgeted of $600.00 from the Con-Con funds.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a letter addressed to Governor Dayton in regards to HF 888/SF723.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to authorize Chairman Nordlof  to sign the  letter  in regards to HF 888/SF723 and to send to Governor Dayton and authors of the HF888 and SF 723.

Beltrami/Lake of the Woods Judicial Ditch

Land and Water Director, Josh Stromlund met with the board and informed the board that he has spoken to Beltrami County Engineer, Bruce Hasbargen and that Beltrami County will be moving forward with the  judicial ditch abandonment on the Northern Border of Beltrami and Lake of the Woods Southern border, so therefore a Judicial Ditch Committee will be formed.

AMEND AGENDA

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to amend the agenda and add Buffer Stripe Resolution.

BUFFER RESOLUTION

The board reviewed MN Statute 103.F48 in regards to buffer requirements and the concerns with the current legislation as stated under MN Statute.

Resolution

The following Resolution was offered by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously the following resolution:

OPPOSING CURRENT STATE BUFFER STRIP LEGISLATION

Resolution No. 17-04-01

WHEREAS, Minnesota Legislature has passed the MN Statute 103F.48 to develop a statewide program to provide riparian protection through the use of vegetative buffer strips, stating that landowners owning property adjacent to a water body identified and mapped on a buffer protection map must maintain a buffer to protect water resources, and

WHEREAS, this has caused a large number of Lake of the Woods County landowners to voice their concerns with this legislation to their local County Commissioners, such as:

A)    Restricting use of land by landowners

B)     Placing unfunded costs to meet these requirements on landowners and in most cases lessening  in the value of a landowners’ property

C)    That there is no substantive proof that by implementing this buffer system that it will improve water quality as is intended

D)    That this legislation violates a landowner’s constitutional rights as taking land without proper consideration given for the property

E)     That many landowners would accept common sense legislation as to alternative practices for buffer on ditch inlet areas versus an arbitrary buffer along an entire ditch system where water from that area next to the ditch do not drain directly into the ditch system

F)     That control over managing and implementation should be solely at the Counties discretion

G)    That the cost to implement this legislation is solely and unfairly placed on the landowners to implement and will cause a financial burden to implement and maintain with future losses from inabilities to plant desired crops for profit on these acres

NOW THEREFORE BE IT RESOLVED, that Lake of the Woods County Board of Commissioners hereby strongly oppose the current legislation as stated under MN Statute 103F.48 and request that the Minnesota Legislature, along with Governor Dayton’s support, overturn this legislation or at minimum to modify the current legislation to pay for all costs, present and future, to landowners that are mandated to comply and to allow for common sense alternative practices for landowners to provide buffers on ditch inlets versus an entire system where it can be shown that the water from those adjacent areas do not drain directly into a ditch system.

SOCIAL SERVICES

Claims

Social Service Director, Amy Ballard met with the board requesting approval of claims.

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Commissioner Warrants-$11,914.85, Commissioner Warrants-$4,682.64, Commissioner Warrants- $7,327.25.

Little Brother Little Sister Program

Social Service Director, Amy Ballard requested authorization to disburse the budgeted amount of $20,000 to Northwest Community Action for the Little Brother Little Sister Program. The consensus of the board was to pay the $20,000 as discussed in budget meeting.

SHERIFF

County Sheriff, Gary Fish met with the board requesting approval to enter into a Mutual Aid Agreement for the use of Law Enforcement personnel and equipment with the City of Bemidji pursuant to MN Statute §471.59, authorizes the joint and cooperative exercise of powers.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to authorize County Sheriff, Gary Fish to sign the Mutual Aid Agreement with the City of Bemidji pursuant to MN Statute § 471.59.

EMERGENCY MANAGEMENT

Emergency Director, Jill Olson met with the board to discuss the previous approval from October 11, 2016 to purchase consollette for the Sheriff’s Office, with funding from the 911 account. Jill explained that the consollette price is $5,612.25, which is over the approved amount by $612.25.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve and additional $612.25 for consollette with the funding from the 911 account with the total purchase price of $5,612.25.

Recess

The meeting was called to recess at 10:20 a.m. and reconvened at 10:25 a.m. as follows:

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting approval to advertise for construction bids and to hire seasonal help.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to authorize Public Works Director, Tim Erickson to advertise for the following bids for construction of S.A.P. 039-608-023, S.A.P. 039-614-008 and S.A.P. 039-625-006.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to. Authorize Public Works Director, Tim Erickson to advertise, interview and hire seasonal help, for 2017 summer.

BEAVER DAM/KELLY CREEK

George Swentik met with the board to discuss the water issues that is re-occurring on a parcel of his land.  Public Works Director, Tim Erickson will take care of the issue as soon as possible.

JUDICIAL DITCH 26,28 and County Road 72

Public Works Director, Tim Erickson updated that board on the following:

Ø  Judicial Ditch 26- brushing contract complete, bumps out and dams gone

Ø  Judicial Ditch 28/County Road 72- surveyors are out waiting to hear form Attorney Kurt Deter to make sure maintenance can be down since Co. Road 72 is within the Judicial Ditch 26 area.

NWA SCHOOL

Cindy Renfrow, representing the NWA School Committee met with the board and updated them on the meeting with State Representative Dan Fabian and Matt Grossell. She also informed the board of the poor condition of the school and requested support for HF 1089, for appropriation of money to the Warroad School District, to construct, furnish, and equip an expansion of the Northwest Angle School.

Resolution

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

Grant to Warroad School District 690 for Expansion of Northwest Angle School

Resolution No. 17-04-02

WHEREAS, Minnesota State Legislature House File 1089 relating to capital investment, appropriating money for expansion of the Northwest Angle School in Warroad, and located within Lake of the Woods County;

WHEREAS, the appropriation of $700, 000 is appropriated from the bond proceeds fund to the commissioner of education for a grant to the Warroad School District to construct, furnish, and equip an expansion of the Northwest Angle School. No matching funds required;

NOW THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners is in support of House File 1089 for the expansion for the Northwest Angle School with the grant money from the Commissioner of Education to the Warroad School District.

COUNTY AUDITOR/TREASURER

Deputy Auditor/Treasurer, Janet Rudd met with the board requesting approval for claims:

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the claims against the county as follows: Revenue $35,566.30- Road & Bridge $13,376.75-Co. Development $1,656.00- Natl Resc. Enhanc- $2,300.00-Solid Waste, $25,207.96- EDA, $4,425.23.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/11/2017 For Payment 4/14/2017

Vendor Name                                                    Amount

Arrowwood Resort                                                                 2,946.06

Cenex Co-Op Services, Inc.                                                    5,594.57

Computer Professionals Unlimited Inc                                      3,310.00

Hasler                                                                                      4,000.00

Headwater Regional Development Commiss                           4,072.67

Lake Area Construction Inc                                                     4,025.70

LOW Highway Dept                                                                 2,210.00

Mar-Kit Landfill                                                                       12,078.00

Pb Distributing Inc                                                                    3,413.10

Powerplan                                                                               2,316.92

Widseth Smith Nolting&Asst Inc                                               5,039.33

Woody’s Service                                                                     3,194.52

60 Payments less than 2000  30,331.37

Final Total:  82,532.24

Further moved to authorize the payment of the following auditor warrants: March 29, 2017 – $16,737.43, April 5, 2017- $12,615.14.

Liquor License

Deputy Auditor/Treasurer, Janet Rudd met with the board requesting approval for a Seasonal On- Sale Liquor License for Oak Harbor Golf Course and a 3.2 Off Sale Malt Liquor License and Cigarette License for Log Cabin Bait.

Motion

Motion was made by Commissioner Moorman, second by Commissioner Waibel and carried unanimously to approve Oak Harbor Golf Course Seasonal On-Sale Liquor License effective April15, 2017 thru October 15, 2017 contingent approval of County Sheriff, Gary Fish and County Attorney, James Austad.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the 3.2 Off Sale Malt Liquor License and Cigarette License effective June 1, 2017 thru June 30, 2018 for Log Cabin Bait contingent upon the sale and approval of County Sheriff, Gary Fish and County Attorney, James Austad

RECESS

With no further business before the board, Vice – Chairman Arnesen called the meeting to recess at 12:00 p.m.

Attest:                                                                                      March 28, 2017

__________________________________                _____________________________________Deputy Auditor/Treasurer, Janet Rudd              Vice -Chairman of the Board, Edward Arnesen

===========================================================================================================================================================================

Commissioner Proceedings

April 25, 2017

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 25, 2017 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Chairman Nordlof called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ken Moorman, Cody Hasbargen, Jon Waibel, and Buck Nordlof. Absent Ed Arnesen.  Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd, and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to approve the agenda with the following additions: Revenue/Expenditures, Airport Project and Community Garden.  

Approval of Minutes

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the official and summarized minutes of April, 11, 2017.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims and approval for a lost warrant.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Revenue $32,573.69- Road & Bridge $7,047.41-Co. Development $200.00- Joint Ditch- 405.00-Solid Waste, $9,450.11- EDA, $639.88.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/25/2017 For Payment 4/28/2017

Vendor Name                                                    Amount

American Solutions For Business                                           2,491.29

Attachments Direct LLC                                                           4,892.93

Independent Emergency Services                                           7,714.81

Klein McCarthy & Co, Ltd, Architects                                      2,000.00

Neopost USA Inc                                                                     2,884.00

Northern Light Region                                                              3,461.50

Thompson Reuters-West Publishing Corp.                              2,339.00

54 Payments less than 2000 24,532.56

Final Total: 50,316.09

Further moved to authorize the payment of the following auditor warrants: April 12, 2017- $87,483.59-April 13, 2017 – $997.50, April 14, 2017- $73,769.42, April 14, 2017-(889.00), April 19, 2017- $92,282.48.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to approve the application and affidavit for lost warrant for Jacob Brandli dated December 30, 2016 for $53.68 without furnishing indemnifying bond.

SOCIAL SERVICES

Claims

Social Service Director, Amy Ballard met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Commissioner Warrants-$29,804.19, Commissioner Warrants-$3,069.68, Commissioner Warrants- $7,066.86, Commissioner Warrants- $469.05.

CHI-Lakewood Health Contract

Social Service Director, Amy Ballard met with the board requesting approval to enter into a contract with CHI-Lakewood to provid Housing with Services for MA and Waivered services.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to approve the contract between Lake of the Woods County Social Services and CHI-Lakewood to provide Housing with Services for MA and Waivered services effective January 1, 2017 thru December 31, 2018.

CORRESPONDENCE/COMMITTEE UPDATE/COMMUNITY GARDEN

Community Garden– Commissioner Moorman informed the board that LakeWood Health Center is looking for some help on continuing the Community Garden, he informed the board that the SHIP grant is no longer available to help with the expenses.

Correspondence– BWSR meeting, MN Power

Airport Committee – Commissioners Waibel and Hasbargen updated the board on the progress of constructing hangers at the Airport.

RECESS
The meeting was called to recess at 9:45 a.m. and reconvened at 9:55 a.m.

MN DEPARTMENT OF NATURAL RESOURCES

Northwest Regional Director, Rita Albrecht met with the board requesting the board to help with identifying parcels of state land in Lake of the Woods County to consider for sale and reinvestment. The goal of DNR’s Strategic Land Asset Management (SLAM) is to improve the state land portfolio through strategic acquisition, sale, and exchange of state managed land. With Sales and Reinvestment Initiative (SRI), the goal is to identify lands to offer for sale by conducting a focused land analysis in the 15 northern counties that have 20% or more public land ownership. The board reviewed the map that was presented and set May 11, 2017 at 8:00 a.m. for a work session to review the lands and to identify 15 parcels of land for sale or exchange of state managed land. DNR Regional Forestry Director, Dave Thomas informed the board that the Forestry Department is working on a Timber sale for the spring of 2018 located at the Northwest Angle.

DNR FISHERIES

DNR Fisheries Manager, Phil Talmage met with the board and reviewed the 2016 Walleye Population Assessment Summary with the board.

MIS/MAINTENANCE SUPERVISOR

Spam Filter/Floor Scrubber

MIS/Maintenance Supervisor, Peder Hovland met with the board and informed the board that the State of MN is discontinuing services for the Spam Filtering. Peder received two quotes, Marco coming in at $160.00 per month and Insight at $220.00 per month. Peder also informed the board that the new floor scrubber will cost $5,267.00.

Motion

Motion was made Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve to enter into agreement with Marco for Spam Filtering effective June 1, 2017.

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to approve the purchase of a floor scrubber in the amount $5,267.00 from the Maintenance budget.

TRANE

Trane Manager Scott Rietsema met with the board and updated the board on the new heating system and the steps involved with a new system.

RECESS

With no further business before the board, Chairman Nordlof called the meeting to recess at 11:45 a.m.

Attest:                                                                                      May 9, 2017

___________________________________              _____________________________________

County Auditor/Treasurer, Lorene Hanson                    Chairman of the Board, Buck Nordlof

April, 2016

LAKE OF THE WOODS COUNTY ECONOMIC DEVELOPMENT AUTHORITY MEETING

 April 19, 2016

The Lake of the Woods County Economic Development Authority met on Tuesday, April 19, 2016 in the Lake of the Woods County Commissioners’ Room.   The meeting was called to order by President Hanson at 6:00 pm, and the Pledge of Allegiance was recited.  The following members were presentKen Moorman, Tom Hanson, Buck Nordlof, Brock Stebakken, Jeff Bauers, Stuart Noble and Mike Kinsella, Patty Beckel.  Absent: Ed Arnesen. Also in attendance was Janet Rudd.

Motion was made by Noble, seconded by Nordlof and carried unanimously to approve the agenda.

Minutes

Motion was made by Nordlof, seconded by Noble and carried unanimously, to approve the minutes from March 29, 2016.

Headwaters Regional Development Commission

HRDC Economic Development Director, Ryan Zemek met with the board to discuss the HRDC Proposal.

Motion

Motion was made by Noble, seconded by Bauers and carried unanimously to approve the HRDC Staff Proposal from HRDC to provided staff leadership for the Lake of the Woods EDA taking ultimate responsibility for leadership, administrative and professional activities.

Financial Reports

Motion was made by Beckel, seconded by Moorman and carried unanimously to approve the financial reports as presented.

                Line Workers School Committee

President Hanson requested that the Line Workers School Committee on May 16, 2016 at 6:00 p.m.

Years of Service Recognition

  The following resolution was offered by President Hanson and moved for adoption:

Recognition of years of service

Chuck Tischart

 Resolution 2016 – 04-01

Whereas:  Chuck Tischart has served on the Economic Development Authority since 2010:

 Whereas:  Chuck has resigned from Lake of the Woods Economic Development Authority effective March 29, 2016:

Now Therefore, Be it Resolved:  That the Lake of the Woods Economic Development Authority Board extends its deepest appreciation to Chuck for his dedicated service and best wishes to him.

The resolution was seconded by Vice– President Stebakken and the same being put to a vote, was unanimously carried.

JOINT HOUSING MEETING

Discussed organizing a Joint Housing meeting with the City of Baudette IDC, EDA , County Commissioner’s and HRDC. (The meeting was set for May 2, 2016)

Next regular meeting will be on May 17 at 6:00 p.m. in the Commissioners Room.

Adjournment

Motion was made by Moorman, seconded by Nordlof and carried unanimously, to adjourn the meeting at 7:22 p.m.

Attest:                                                                                  Approved:  05-17-16

______________________________                                ______________________________Janet Rudd, Administrative Assistant                     Thomas Hanson, President

April, 2015

Commissioner Proceedings

April 14, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 14, 2015, in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Arnesen 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, Thomas Hanson, Ed Arnesen, Buck Nordlof, and Ken Moorman.  Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor /Treasurer Janet Rudd and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions: Mighty Ducks Grant, MN Department of Human Services, Human Resources, Land and Water Planning.

Approval of Consent Agenda

None

Approval of Minutes

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of March 24, 2015.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to approve the claims against the county as follows:

                                           Revenue                              $    46,622.52            

                                                Road & Bridge                    $    19,737.82

                                                Co. Develop                        $      2,200.00

                                                Natl Recs Enhance              $    10,193.50

                                                Solid Waste                         $    31,812.08

                                                EDA                                    $       4,525.85

WARRANTS FOR PUBLICATION

Warrants Approved On 4/14/2015 For Payment 4/17/2015

Vendor Name                                     Amount

Cenex Co-Op Services, Inc.                                                                5,481.60

Computer Professionals Unlimited Inc                                               3,071.00

Howard’s Oil Company                                                        2,086.90

Jake’s Quality Tire Inc                                                          2,400.00

Mar-Kit Landfill                                                                    13,251.15

Mn Counties Information System                                        2,375.25

Northwest Community Action, Inc                                       2,210.00

R & Q Trucking, Inc                                                              3,155.10

RFCC, LLC                                                                             9,750.00

Rinke-Noonan                                                                     10,393.50

Shi Corp                                                                                 2,324.00

Sjoberg’s Inc                                                                          2,238.08

St. Louis County Auditor                                                       2,000.00

Swanston Equipment Corp                                                  6,464.11

University Of Mn                                                                   8,441.25

Woody’s Service                                                                   3,633.73

Ziegler, Inc                                                                             6,605.51

  83 Payments less than $2000                                           31,210.59

                Final Total:                                                       $117,091.77

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

                                                April 2, 2015                    $   10,750.37

April 2, 2015                    $   99,553.06

April 6, 2015                    $113,046.34

April 9, 2015                    $        918.93

April 9, 2015                    $     3,130.38                     

Rinke Noonan

County Auditor/Treasurer, Lorene Hanson met with the board requesting the board to enter into   the 2015 retainer agreement with Rinke Noonan Law Office.

Motion

Motion was made by Commissioners Hanson, seconded by Commissioner Nordlof and carried unanimously to enter into the 2015 retainer agreement with Rinke Noonan Law firm in the amount of $200 per month and authorize Chairman Arnesen to sign.

Social Security for Elected Officials on the Defined Contribution Plan

County Auditor/Treasurer, Lorene Hanson met with the board and presented the Resolution for Social Security for Elected Officials holding position covered by the Defined Contribution Plan per their request.

Resolution

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

SOCIAL SECURITY RESOLUTON

ELECTED OFFICIALS HOLDING POSITIONS COVERED BY

THE DEFINED CONTRIBUTION PLAN

Resolution Number 2015 – 04-01

WHEREAS, Minnesota Statutes Section 355, as amended, establishes procedures that allow a governmental subdivision to extend Social Security coverage to certain local elected officials who are members of, or are eligible for membership in, the Defined Contribution Plan administered by the Public Employees Retirement Association; and

WHEREAS, the Lake of the Woods County Board of Commissioners desires to offer Social Security coverage to its eligible elected officials.

NOW, THEREFORE, BE IT RESOLVED that the Lake of the Woods County Board of Commissioners does hereby adopt the following resolution:

Section 1. It is hereby declared to be the policy of this governing body to extend the provisions of Minnesota Statutes Section 355.02 that provides Social Security coverage to eligible elected officials of the Lake of the Woods County.

Section 2. In pursuance of said policy, this governing body hereby requests and authorizes the execution of a divided vote referendum under Section 218(d)(6) of the Social Security Act for the purpose of allowing current eligible elected officials the option of paying the Social Security tax. The coverage of current local elected officials shall be effective as of January 1, 2016, for those eligible officials who vote “Yes” in the Social Security referendum. The referendum will be conducted pursuant to applicable state and federal laws and regulations by County Auditor-Treasurer Lorene Hanson, a designee of the governmental subdivision under the supervision of a representative of the Public Employees Retirement Association acting as the designated State Social Security Administrator.

Section 3. The Public Employees Retirement Association is hereby directed to execute a modification to the section 218 Agreement between the State of Minnesota and the Secretary of Health and Human Services to secure Social Security coverage of the eligible elected officials who vote “Yes” in the referendum and all local newly-elected officials of this governmental subdivision.

Section 4. Withholdings from the salaries of elected officials for the purposes provided in this resolution are hereby authorized to be made in the amounts and at such times as may be required by applicable federal and state laws and regulations.

Section 5. Employer contributions shall be paid from amounts appropriated for such purposes and payment of employee and employer contributions shall be paid to the Internal Revenue Service in such amounts and at such times as are designated in Internal Revenue Code.

Section 6. Employees of this governmental subdivision shall maintain such records and submit such reports as may be required by the Public Employees Retirement Association, the Social Security Administration or the Internal Revenue Service.

Section 7. This resolution shall take effect and be in full force from and after its passage

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

Take-A- Kid Fishing

County Auditor/Treasurer, Lorene Hanson met with the board requesting authorization to pay the Take-A-Kid Fishing $600 from the con-con fund as budgeted.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to authorize County Auditor/Treasurer, Lorene Hanson to pay the Take-A-Kid Fishing $600 as budgeted from the con-con fund.

Snowmobile Trails Resolutions

County Auditor/Treasurer, Lorene Hanson met with the board and presented resolutions for legal sponsorship for funding from the State of Minnesota for maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club, Border Trails/TJ Grooming and Lake of the Woods Drifters.

Resolutions

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

Resolution No. 15-04-02

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

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

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

Resolution No. 15-04-03

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Border Trails maintenance of snowmobile trails managed by Border Trails/TJ Grooming.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

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

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

Resolution No. 15-04-04

Sponsorship of Snowmobile Trails Assistance Program

BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Big Traverse maintenance of snowmobile trail managed by Lake of the Woods Drifters.

BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement.

BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

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

Social Services

Claims

Social Services Director, Nancy Wendler met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to approve the following claims against the county.

                                                Commissioners’ Warrants          $ 30,596.10

                                                Commissioners’ Warrants          $ 46,308.75

                                                Commissioners; Warrants          $        40.35

MN Department Of Human Services

Chairman Arnesen reviewed the Human Service financial reporting requirements and the timely reports requirements that they received from the Department of Human Services with Social Service Director, Nancy Wendler. The board commended her and her staff on their excellent review.

COUNTY ASSESSOR

County Assessor, Mary Jo Otten met with the board requesting approval to hire Assessment Specialist/Office Manager.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to authorize County Assessor, Mary Jo Otten to hire Assessment Specialist/Office Manager/ at grade 10, points 246, step 1, at $17.34 per hour.

HUMAN RESOURCE

Human Resource Director, Karen Ose met with the board requesting approval to purchase a digital recorder and software for her office.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Moorman and carried unanimously to authorize Human Resource Director, Karen Ose to purchase a digital recorder and software in the amount of $150.

Website Changes

Human Resource Director, Karen Ose met with the board to discuss website changes for a tab for employment opportunities. The board requested that she discuss this with MIS department.

Additional Hours

Human Resource Director, Karen Ose requested authorization to work additional hours when needed, but would not be over the maximum hours per year for a Permanent Part-time employee. The board approved her request.

PUBLIC WORKS DEPARMENT

Public Works Director, Tim Erickson met with the board and presented a resolution for the Clementson Way Side Rest Area. Tim explained that this resolution needs to be passed before the conveyance of the land can be completed.

Resolution

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

RESOLUTION NO. 15-04-05

A Resolution Agreeing that Lake of the Woods County will reserve, perpetuate and maintain any future and/or inplace Trail/Sidewalk on the area known as the Clementson Way Side Rest Area.

WHEREAS, on December 31, 2013 Lake of the Woods County Commissioners approved a letter requesting conveyance of property from the  Minnesota Department of Transportation (“MnDOT”) on said parcel: C.S. 3902 (11=011) 73A Parcel 2; and,

WHEREAS, MnDOT is requesting at the time of purchase, an approved resolution agreeing that the County will reserve, perpetuate and maintain any future and/or inplace trail/sidewalk on this property currently and in the future; and,

WHEREAS, under M. S. 161.44, Subd. 1a of the Bicycle and Pedestrian Facilities-Suitability Checklist, MnDOT is able to satisfy their requirements of selling this site to the County; and,

WHEREAS, the County intends to construct a park within the area known as the Clementson Way Side Rest Area.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF LAKE OF THE WOODS COUNTY, MINNESOTA:

  1. The County will reserve, perpetuate and maintain any future and/or inplace trail/sidewalk on the area known as the Clementson Way Side Rest Area, now and in the future.

            Adopted in April 14, 2015 session of the County Commissioners of County of Lake of the Woods, Minnesota, held this 14th day of April, 2015.

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

HEAD WATERS REGIONAL DEVELOPMENT COMMISSION

HRDC Executive Director, Tim Flathers, Emergency Management Director Jill Olson and DNR Region Staff Fire Management & Enforcement, William J “BJ” Glesener met with the board to review the Northwest Angle Community Wildfire Protection Plan and requesting approval of the plan.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Moorman and carried unanimously to approve the Northwest Angle Community Wildfire Protection Plan and authorize Chairman Arnesen to sign.

MIGHTY DUCKS LEGISLATION

Chairman Arnesen presented a letter of support for the Mighty Ducks legislation SF2002 to support $5 million dollars in the general fund budget for community ice arenas.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to authorize Chairman Arnesen to sign the letter of support for the Mighty Ducks legislation SF 2002,

RECESS

The meeting was called to recess at 10:19 a.m. and reconvened at 10:30 a.m. as follows:

SHERIFF

Permanent Part-time Deputy Sheriff

County Sheriff, Gary Fish met with the board requesting authorization to hire a Permanent Part-time Deputy Sheriff.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to authorize County Sheriff, Gary Fish to hire a Permanent Part-time Deputy Sheriff at grade 12, points 28112, step 1, at 19.45 hour.

Credit Cards

County Sheriff, Gary Fish met with the board requesting authorization to issue county credit cards to Deputy Sheriffs and Emergency Management Director.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Norldof and unanimously carried to authorize Deputy Sheriffs Brad Abby, Joe Morish, Ben Duick, and Emergency Management Director Jill Olson County issued credit cards.

Boat and Water Safety Grant

County Sheriff, Gary Fish met with the board requesting approval to enter into a Water Safety Grant agreement.

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

A RESOLUTION AUTHORIZING THE ANNUAL

BOAT & WATER SAFETY GRANT

Resolution No. 2015-04-06

WHEREAS, under the provisions of M.S.86B.105, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner of Natural Resources; and,

WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties.

NOW, THEREFORE BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2015 through June 30, 2016 in the amount of $6,235.

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

Lake of the Woods Community Arena

Lake of the Woods Community Arena Committee met with the board and presented the plan for the possible construction of a new arena. Member Mike Schulz informed the board of the 5 million dollar gift to construct a new Arena and the projected cost of the project at 7.5 million. Ten (10) acres of land has been purchased from the School in the amount of $1; committee is fund raising for the remaining balance and In- kind services.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a resolution for support the International Joint Commission to create a sustainability plan for Lake of the Woods. The board placed this on the April 28, 2015 board agenda.

COUNTY ATTORNEY

Count Attorney, James Austad met with the board to discuss a HF 1935 relating to religious objection to autopsies in certain cases and the cost associated with the coroner to appear in person at court hearing. The board requested County Attorney to act on this on behalf of the County Board.

CLOSED SESSION

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and unanimously carried to close the regular meeting at 12:20 p.m. and open the closed session pursuant to §MN Stat. 13D.05 subd. 3(b) Attorney-Client Privilege- Wetlands Litigation.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Hanson and unanimously carried to close the closed session and open the regular meeting at 1:09 p.m.

Recess

With no further business before the board, Chairman Arnesen called the meeting to recess at 1:09 p.m.

Attest:                                                                                     Approved: April 28, 2015

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Edward Arnesen

County Auditor/Treasurer      

=======================================================================================================

Commissioner Proceedings

April 28, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 28, 2015, in the Commissioners’ Room at the Government Center.

Call to Order

Chairman Arnesen 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, Ken Moorman, absent Thomas Hanson.  Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor /Treasurer Janet Rudd and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions: grant Agreement, letter of resignation and interim appointment, correction of Main Street in Williams area.

Approval of Consent Agenda

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the consent agenda, travel for Mary JO Ottento St. Cloud for MAAO Summer Seminars on May 20-21 and to Morris for CPU Computer Meeting (CAMA & LC) on May 28th

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to approve the official and summarized minutes of April 14, 2015.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to approve the claims against the county as follows:

                                           Revenue                              $    11,505.56            

                                                Road & Bridge                    $      8,950.12

                                                Co. Develop                        $      1,600.00

                                                Solid Waste                         $         993.61

                                                EDA                                    $           80.00

WARRANTS FOR PUBLICATION

Warrants Approved On 4/28/2015 For Payment 5/1/2015

Vendor Name                                     Amount

Goulet/Roxanne B                                                                            2,653.60

Hasler                                                                                4,000.00

Northern Light Region                                                    2,213.25

  42 Payments less than $2000                                      14,262.44

                Final Total:                                                   $ 23,129.29

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

                                                April 17, 2015                  $   81,841.92

April 17, 2015                  $     5,339.99

NWA AIRPORT GRANT AGREEMENT

County Auditor/Treasurer, Lorene Hanson met with the board requesting the board to enter into a grant agreement with the State of MN, Commissioner of Transportation for airport improvement project for the Preliminary Engineering for the NWA airport. 

Resolution

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

Resolution No. 2015-04-07

Authorization to Execute Minnesota Department of

Transportation Grant Agreement for Airport Improvement

Excluding Land Acquisition

It is resolved by the County of Lake of the Woods as follows:

  1. That the state of Minnesota Agreement No. 1000365 “Grant Agreement for Airport Improvement Excluding Land Acquisition for State Project No. A3902-02 at the North West Angle Airport is accepted.
  2. That Chairman, Edward Arnesen and County Auditor/Treasurer, Lorene Hanson is authorized to execute this Agreement and any amendments on behalf of the County of Lake of the Woods.

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

Social Services

Claims

Social Services Director, Nancy Wendler met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Moorman and carried unanimously to approve the following claims against the county.

                                                Commissioners’ Warrants          $ 10,889.36

                                                Commissioners’ Warrants          $ 33,439.46

Resolution

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

Resolution No. 15-04-08

Request for Proposals for Health Care Services

WHEREAS, the Minnesota Department of Human Services has published a Request For Proposals to provide health care services to recipients of Medical Assistance and MinnesotaCare in 87 Minnesota counties including Lake of the Woods and

WHEREAS, the Minnesota Department of Human Services has requested County evaluations and recommendations regarding the RFP proposals from each respective county; and

WHEREAS, Blue Cross/Blue Shield, Medica, and UCare submitted proposals to provide managed health care services in Lake of the Woods County and

WHEREAS, representatives of Lake of the Woods County Social Services have reviewed and evaluated the proposals; and

WHEREAS, Blue Cross/Blue Shield, Medica, and UCare have submitted proposals suitable to meet our needs

THEREFORE, BE IT RESOLVED that the Lake of the Woods County Board of Commissioners supports the recommendation of Lake of the Woods County Social Services approving BlueCross/Blue Shield, Medica, and UCare as Managed Care Organization(s) (MCO(s)) providing managed health care services in Lake of the Woods County.

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

Child Abuse and neglect Prevention Month

Social Service Director, Nancy Wendler met with the board and informed the board that the Commissioner of the Minnesota, Department of Human Services, proclaims the month of April, 2015 as Child Abuse and Neglect Prevention Month.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a resolution for support the International Joint Commission to create a sustainability plan for Lake of the Woods.

Resolution

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

Resolution No. 15-04-09

Support for a Comprehensive Plan to Create a Sustainability Plan for Lake of the Woods

WHEREAS, the health and sustainability of Lake of the Woods is of vital importance to the social and economic sustainable development of Lake of the Woods County;

WHEREAS, the Minnesota Pollution Control Agency has placed Lake of the Woods on its list of impaired waters (2008 303[d] list);

WHEREAS, due to concerns about  water quality of the Lake of the Woods Basin and the economic, recreational and human health threats posed by the widespread blue-green algal blooms and associated toxins and the threats of invasive species, U.S. and Canadian federal governments requested an action plan from the International Joint Commission (IJC).

WHEREAS, the IJC responded with a comprehensive Plan of Study outlining 32 projects necessary to create a sustainability plan for Lake of the Woods, including reducing nutrient pollution and harmful algal blooms, managing aquatic invasive species, and establishing a coordinated bi-national monitoring approach; said Plan of Study was submitted by the IJC to the U.S. State Department and to the Canadian Department of Foreign Affairs, Trade and Development in January 2015;

WHEREAS, the IJC is awaiting response and direction from the U.S. State Department and the Canadian Department of Foreign Affairs, Trade and Development about the Plan of Study and how it would be executed and funded;

WHEREAS, agencies engaged in water quality research and resource management (at the federal, provincial, state, local and non-governmental levels), are waiting for a response; the summer research season is approaching and a timely response could permit the projects to begin, without another year’s delay;

NOW THEREFORE, BE IT RESOLVED : that, the Lake of the Woods County Board of Commissioners hereby supports the IJC’s recommendation that governments undertake all thirty-two projects in the Plan of Study;

That, a copy of this resolution shall be forwarded to the State of Minnesota, the U.S. Department of State, and the Lake of the Woods Water Sustainability Foundation

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

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board and reviewed the 911 Policy and requesting approval.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the 911 Policy for Uniform Addressing System as presented,

Main Street Williams Area

The board discussed the two main street addresses; one in the City of Williams and one on the outskirt of the city and the need for a change in the street name outside the city limits due to 911 concerns. The 911 committee will research and come up with a resolution.

Easement Vacation

Public Works Director, Tim Erickson and Pat LaValla discussed an easement vacation with the board and the process of the vacation.

Resignation

Public Works director informed the Board the Jeff Pelland, Maintenance Supervisor resigned from his position effective May 8, 2015; and that he appointed Mike Anderson, as the interim maintenance supervisor until the position is filled and requested $250 per pay period for his additional duties.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to authorize payment of $250 per pay period to interim Maintenance Supervisor Mike Anderson effective April 27, 2015 until position is filled.

CORRESPONDENCE:

Letter from Representative Hancock on Mighty Ducks legislation; Great Northern Transmission line meeting.

COMMITTEE REPORTS

Commissioner Beckel- Airport Meeting, Legacy Funding Meeting

Commissioner Moorman- NC Board of Health

Recess

With no further business before the board, Chairman Arnesen called the meeting to recess at 10:55 a.m.

Attest:                                                                                     Approved: May 12, 2015

_______________________                                                  _________________________________

Lorene Hanson,                                                                       Chairman of the Board, Edward Arnesen

County Auditor/Treasurer      

April, 2014

April 22, 2014

Commissioner Proceedings

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 22, 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, Buck Nordlof, Ken Moorman, Ed Arnesen and Tom Hanson.  Also present were: County Auditor/Treasurer, Mark Hall and Deputy Auditor, Janet Rudd.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: Land and Water Planning, Emergency Management. 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 Arnesen to approve the consent agenda as follows: travel for Stacy Novak to St. Paul for MCCC Tax Advisory committee on April 30-May 1; Jo Thoreson to Brainerd for Clerical Conference on May 7-9. The 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 Moorman to approve the minutes of March 25, 2014 regular meeting with changes. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Amend Agenda

Motion

Motion was made by Commissioner Arnesen to amend the agenda and add Veterans Grave Markers. The motion was seconded by Commissioner Moorman 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 Hanson to approve the claims against the county as follows:

                                           Revenue                              $      50,438.51          

                                                Road & Bridge                     $      15,248.62

                                                County Development           $           200.00

                                                Natl Resc Enhanc                $         4,970.00 

                                                Solid Waste                         $       15,282.40

                                                EDA                                    $         4,305.75  

                                                                                  90,445.28                               

WARRANTS FOR PUBLICATION

Warrants Approved On 4/22/2014 For Payment 4/25/2014

Vendor Name                                                                      Amount

Andy’s Garage, Inc.                                                         3,686.32

Cenex Co-Op Services, Inc.                                         12,393.75

Klein McCarthy & Co, Ltd, Architects                           22,884.41

LOW County Treasurer                                                  5,665.79

Mar-Kit Landfill                                                                 9,922.50

Northern Light Region                                                    2,297.07

Northwest Mn Multi-County Hra                                     5,000.00

Rinke-Noonan                                                                 5,170.00

Sandpieper Design LLC                                                3,000.00

63 Payments less than 2000   20,425.44

Final Total:  90,445.28

April 8, 2014                   $     5,368.18

April 15, 2014                 $     5,409.48

April 15, 2014                 $    68,952.23

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

Land Sale

County Auditor/Treasurer, Mark Hall met with the board and requested authorization to approve the following additional tax forfeited parcels to the 2014 Land Sale:

East Graceton: .72 acre tract, Block 3, Lots 1-9; .17 acre tract , Block 4, Lots 1-2; 1.15 acre tract, Bloc 4, Lots 14-13; .21 acre tract, Block5, Lots 15-18; .97 acre tract, Block 6, Lots 13-24.

Freeman’s 1st Addition East Graceton: .24 acre tract, Block 2, Lots 1-2; .78 acre tract, Block 4, Lots 14-20

Bonne Township:

The SE1/4SE1/4, Section 5, Township 159 North, Range 31 West. Less SE1/4SE1/4SE/4, Township 159N, R-31, Section 5;

Resolution

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

TAX FORFEITED LAND

RESOLUTION NO. 14-04-04

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.;

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby certify that all parcels of land on the attached list have been viewed and comply with the provisions of Minnesota Statutes 85.012; 92.461; 282.01, subd. 8; and 282.018; and other statutes that require the withholding of tax-forfeited lands from the sale;

BE IT FURTHER RESOLVED; that the Lake of the Woods County Board of Commissioners hereby request approval from the Minnesota Department of Natural Resources for the sale of said lands.

The question was on the adoption of the resolution, and there were 5 yeas and 0 nays as follows:

County of Lake of the Woods

Board of County Commissioners       YEA                NAY   ABSENT

Thomas Hanson                                  x

James Nordlof                                     x

Kenneth Moorman                              x

Edward Arnesen                                 x

Patricia Beckel                                    x         

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

Social Services Director

Social Service 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          $   10,793.40

                                                Commissioners’ Warrants          $   28,760.78

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

Mental Health Grants

Social Service Director, Nancy Wendler met with the board and updated them on the Children’s and Adult Mental Health grants that the county will receive.

Human Resources

Human Resource Assistant, Dena Pieper met with the board to update them on their request discuss the Human Resources vacancy. Dena informed the board that James Austad, newly hired County Attorney agreed to complete the job descriptions  when he starts in May ; Dena also informed the board that Attorney, Michelle Moren could do some Human Resources work for the county, but it would be at her county rate of $150 per hour.  

Veterans Services

Commissioner Hanson informed the board that he just heard from Veteran Service Officer, Rick Rone in regards to the Veterans Grave Markers and that the VFW and American Legion will donate $500 each and the county to donate $1,000, which would give enough funding to replace the markers.

Motion

Motion was made by Commissioner Hanson to contribute $1,000 toward the Veterans Grave Markers, with the funding from the unallocated account with matching funds of $500 each from the VFW and the American Legion. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Committee Reports

Commissioner Hanson informed the board of the Snowmobile meeting that he attended in Macintosh and the clubs will receive there fourth (4) bench mark payment this year and that the state will be adding length and width to the definitions of what qualifies as a snowmobile.  Commission Beckel informed the board that the nuisance beaver committee met and discussed funding, and that MN Statues does allow the road authority to take care of nuisance beavers.

RECESS

The meeting was called to recess at 9:53 a.m. and reconvened at 10:00 a.m. as follows:

DNR

Northwest Regional Director, Greg Nelson and Former Senator, Bob Lessard met with the board to discuss the DNR Strategic Land Asset Management Plan. Greg also informed the board that the State will draw up a no fee lease agreement on the State Land that the county is looking at for the possible construction of an Airport at the NWA to do boring samples. The board also discussed the transfer of the Clementson Property to the county from the State for a county public park. Bob Lessard would like a memo sent to him on the history and the steps that the county has gone through so far for the transfer of the property.

PUBLIC WORKS

Mowers

Assistant Engineer, Boyd Johnson met with the board requesting authorization to purchase two mowers as budgeted, in the amount of $19,500.

Motion

Motion was made by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to purchase two (2) mowers, as budgeted in the amount of $19,500. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried. 

ROAD TOUR

Assistant Public Works Director, Boyd Johnson met with the board to set a date for the annual Road Tour. The board set May 22, 2014 at 7:30 a.m. for the tour.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and informed the board that the wetland meeting he was to attend was changed now to May 4-5 in St. Paul, which he will be attending.

PUBLIC HEARING- SYNTHETIC DRUG ORDINANCE

Motion

Motion was made by Commissioner Hanson to close the regular meeting at 11:02 a.m. and open the public hearing for consideration of adoption of a synthetic drug ordinance. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Chair Beckel reviewed two (2) Synthetic Drug Ordinance; one which is totally banning the sale, possession, transfer or manufacture of synthetic drugs and the other being regulating synthetic drugs establishment and the sale of. County Attorney, Michelle Moren discussed the pros and cons of each ordinance.   

Motion

Motion was made by Commissioner Moorman to close the public hearing at 11:24 a.m. and open the regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Ordinance

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

THE COUNTY BOARD OF LAKE OF THE WOODS COUNTY ORDAINS:

Ordinance Banning the Sale, Possession, Transfer, or Manufacture of Synthetic or Alternative Drugs

Lake of the Woods County

Ordinance Number 2014-04-05

Sale, Possession, Transfer, Manufacture of Synthetic or Alternative Drugs

  1. WHEREAS, new substances are being created which are being used for recreational purposes and as an alternative to otherwise regulated controlled substances banned at the State and Federal levels; and,
  2. WHEREAS, many of these substances can be designed to produce a desired pharmacological effect and have the potential for abuse similar to or greater than that of controlled substances; and,
  3. WHEREAS, Counties authorities have encountered these substances in products being sold and used in the County’s limits; and,
  4. WHEREAS, the uncontrolled importation, manufacture, distribution, possession, and use of these substances have a substantial and detrimental impact on the health and safety of the residents and visitors of the Lake of the Woods County; and,
  5. WHEREAS, these substances can be created more rapidly than they can be identified and controlled by action of the Federal and State Legislature; and,
  6. WHEREAS, these substances are sold in many different forms including loose, leafy, granular, powder, crystalline, tablet, and/or liquid forms; and,
  7. WHEREAS, such products are known under many names in order to avoid detection and identification, and are labeled as incense, herbal incense, herbal potpourri, psychoactive herbal incense, herbal blends, bath salts, psychoactive bath salts, bath additives, synthetic marijuana, synthetic drug, synthetic hallucinogens, and other names and purchased by consumers for the purpose of ingestion notwithstanding any markings on the packaging to the contrary; and,
  8. WHEREAS, such products may be as or more dangerous to humans than controlled substances according to the Drug Enforcement Administration (DEA) due to the unapproved, unknown, and ever-changing nature of the chemical compounds they contain; and,
  9. WHEREAS, it is therefore the will of the Lake of the Woods County Board to provide for a prohibition on the sale, possession, transfer, manufacture, and use of these substances as defined by these ordinances and to provide for the enforcement thereof and in the best interest of the public’s health, safety, and general welfare.

PROHIBITIONS

  1. A person is guilty of a violation of this ordinance if they sell, possess, transfer, or manufacture any substance or product containing any quantity of synthetic or alternative drug as defined under this ordinance.
  2. All substances made unlawful by this ordinance shall constitute contraband, subject to immediate seizure by law enforcement and shall be destroyed upon a conviction for a violation of this ordinance.
  3. The substances defined in this ordinance shall not include medications or substances for which the possessing party holds a valid prescription or beer, wine, or intoxicating liquors as defined by local, State, and Federal laws.
  4. Products commercially available and sold which have common, proven, and lawful uses under local, State, and Federal law shall not be deemed unlawful by this ordinance. Such examples are prescription and over the counter medications, health supplements where the ingredients are listed on the packaging, food and drink products, etc.
  5. In addition to the definitions provided in this ordinance, the following additional factors shall be considered in making the determination if a substance is unlawful under this ordinance:
    1. Scope of legitimate uses of the product.
    2. Physical and testimonial evidence provided by officers and prosecutors regarding known uses of the product.
    3. Statements made by persons selling, possessing, and using the product.
    4. Availability of the product to include types and number of area businesses selling it.
    5. The ratio of the price of the product compared to the quantity sold.
    6. The proximity of the product in relation to devices used to ingest or consume controlled substances.

DEFINITIONS

  1. Sale/Transfer: to offer for sale, to advertise for sale, to sell, to distribute, to furnish, to transfer, to barter, or to exchange to any person or entity with or without an exchange of compensation or service.
  2. Possession: to possess on one’s own person or possession by a person exercising dominion or control over the immediate area where contraband is found whether in a vehicle, vessel, container, dwelling, building, or other structure, whether upon public or private property.
  3. Manufacture: to complete, blend, formulate, package, repackage, or develop by any means any substance made unlawful by this ordinance.

4.  Synthetic / Alternative Drug means:

  1. Any of the following:
    1. Any substance containing a synthetic cannabinoid, stimulant, psychedelic, depressant, or hallucinogenic; or,
    2. Salvia Divinorum or any substance known by this name or any version of this name; or,
    3. Substances described as herbal blends, botanical blends, botanical sachet, herbal sachet, herbal potpourri, herbal incense, spice, salts, or any blend or combination of these, regardless of it the substance is marketed as “not for human consumption” which if ingested causes intoxication, euphoria, giddiness, paralysis, irrational behavior, or in any manner changes, distorts, or disturbs the auditory, visual, or mental process; or,
    4. Any substance defined in subsequent portions of this ordinance; or,
    5. Any substance which has a stimulant, depressant, psychedelic, psychotropic, or hallucinogenic effect on the body that is substantially similar to or greater than that of any controlled substance or unlawful drug; or,
    6. Any substance marked or packaged under any name listed in Appendix A of this ordinance.
  2. Synthetic Stimulant means:
    1. A product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects, especially where those products are in a powder, crystal, or granular form, including but not limited to the following:
      1. 3,4-Methylenedioxymethcathinone (Methylone)
      2. 3,4-Methyenedioxypyrovalerone (MDPV)
      3. 4-Methylmethcathinone (Mephedrone)
      4. 4-Methoxymethcathinone (Methedrone)
      5. 4-Fluoromethcathinone (Flephedrone)
      6. 3-Fluoromethcathinone (3-FMC)
      7. Naphthylpyrovalerone
      8. 2-amino-1-phenyl-1-propanone (Cathinone)
  3. Synthetic Stimulants, despite their labeling, are commonly identified by being sold in small packets, tubs, and vials, packaged under various retail names, often identified as bath salts, plant food, fertilizer, insect repellant, etc, and are usually powder or granular in form, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this ordinance, such products are unlawful.
  4. Synthetic Stimulants, often referred to as “Bath Salts” are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item”, or similar disclaimer. Refer to Appendix A for a listing of commercial names commonly used to advertise and portray these substances.
  5. Synthetic Stimulants, as defined in this ordinance, shall exclude normal, typical bath salts and bath additives which do not contain synthetic chemical compounds listed herein that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts), sodium chloride (table salt), sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon), amorphous/glassy sodium metaphosphate, sodium sesquicarbonate, and borax.
  6. Synthetic Marijuana / Synthetic Cannabanoids / Herbal Smoking Product means:
    1. A natural or man-made substance that elicits psychoactive or psychotropic euphoric effects, or, a natural or man-made compound that functions similar to the active ingredient in Marijuana (tetrachydrocannabinol “THC”) including, but not limited to any quantity of a synthetic material, compound, mixture, preparation, substance, and their analogs (including isomers, esters, ethers, salts, and salts of isomers) containing a cannabinoid receptor agonist, regardless of whether the substance is marketed for the purpose of being consumed, including any of the following:
      1. 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent
      2. 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
      3. 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
      4. 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent
      5. 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent
      6. 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497)
      7. 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog)
      8. 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678)
      9. 1-butyl-3-(1-naphthoyl)indole (JWH-073)
      10. 1-hexyl-3-(1-naphthoyl)indole (JWH-019)
      11. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200)
      12. 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250)
      13. 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081)
      14. 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122)
      15. 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398)
      16. 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201)
      17. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694)
      18. 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4)
      19. 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8)
      20. 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203)
    2. Herbal Smoking Products, despite their labeling, are commonly identified by being sold in small packets containing natural or man-made substances, packaged under various retail names, identified as herbal potpourri, herbal sachet, herbal aromatherapy, etc, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this ordinance, such products are unlawful.
    3. Synthetic Marijuana / Synthetic Cannabanoids / Herbal Smoking Product are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item”, or similar disclaimer. Refer to Appendix A for a listing of commercial names commonly used to advertise and portray these substances.
    4. Synthetic Marijuana / Synthetic Cannabanoids / Herbal Smoking Product shall exclude typical, standard incense and potpourri that is sold as incense sticks, oils, or cones that is commonly used for their aromatic qualities and do not contain any synthetic chemical compounds, do not provide a prohibition against ingestion, and do not elicit psychoactive or psychotropic euphoric effects.
  7. Synthetic Psychedelics / Hallucinogens means:
    1. A substance that mimics the effects of any Federally or State controlled substance, including but not limited to, any natural or man-made substance, compound, mixture, preparation, or is laced with a synthetic chemical compound that elicits a psychedelic/hallucinogenic effect including but not limited to the following:
      1. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E)
      2. 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
      3. 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
      4. 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
      5. 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2)
      6. 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)
      7. 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)
      8. 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N)
      9. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)
    2. Synthetic Psychedelics / Hallucinogens, despite their labeling, are commonly identified by being sold in small packets, tubs, or vials and are often in tablet, capsule, and liquid form and packaged under various retail names, sold without a listing of ingredients, and often sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this ordinance, such products are unlawful.
    3. Synthetic Psychedelics / Hallucinogens are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item”, or similar disclaimer. They may also be marked in a consumable pill form under various names. Refer to Appendix A for a listing of commercial names commonly used to advertise and portray these substances.
  8. Salvia Divinorum / Salvinorum means all parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or extracts.

Enforcement and Criminal Penalty: whereas the Lake of the Woods County deems synthetic and alternative drugs dangerous and detrimental to the citizens, guests and fabric of the community of Lake of the Woods, It bans the sale, possession, transfer and or manufacturing of synthetic drugs or alternative drugs. A violation will be considered a misdemeanor and punishment up to ninety (90) days in jail and/or $1,000 fine.

 Severability

If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

Appendix A

Substances described in this ordinance and distributed under the commercial/retail names contained in this Appendix shall be deemed to be unlawful and a synthetic drug, especially if they are packaged in a manner that indicates the product is “not for human consumption” or if it fails to disclose the products ingredients. Products commercially sold under similar or like names which have common, proven and lawful uses and which list their ingredients and directions for use shall not be deemed unlawful under this ordinance.

#-      8-BALL, 251, 2C-1

A-     AFGAN BLACK, AM-HI-CO (ALL TYPES), APHRODISIA, ATOMIC BOMB, AZTEC GOLD, AZTEC MIDNIGHT WIND TEZCATLIPOCA

B-     BACK DRAFT, BAD 2 THE BONE, BANANA CREAM NUKE, BATH SALT, BAYOU BLASTER, BIGDADDY, BLACK DIAMOND, BLACK MAGIC SALVIA, BLACK MAMBA, BLISS (ALL TYPES), BLIZZARD, BLUE SILK, BLUEBERRY HAYZE, BLUEBERRY HAZE, BOMBAY BLUE, BONZAI, BROMO-DRAGONFLY, BUZZ

C-     C3, C4, C4 HERBAL INCENSE, CANEFF, CHARGE PLUS, CHERRY BOMB, CHILL X, CHRONIC SPICE, CILL OUT, CITRUS, CLOUD 9, COLORADO CHRONIC

D-     DA BLOCK, DARK NIGHT II, DEMON, DEVIL EYE, DEX, DIAMOND SPIRIT, DOVES, DRAGON SPICE, D-RAIL, DREAM, DYNATMITE N-R-G

E-     EARTHQUAKE, ERUPTION SPICE, EUPHORIA, EXOTIC ULTRA, EXSES, EX-SES PLATINUM (ALL TYPES), EX-SES GOLD PLUS, EXTREME SPICE

F-     FAKE WEED, FERTILIZER, FIRE BIRD ULTIMATE STRENGTH CINNAMON, FOREST HUMUS, FREEDOM, FULLY LOADED, FUNKY MONKEY XXXX

G-     G FOUR, G GREENIES CARAMEL CRUNCH, GENIE (ALL TYPES), GLASS CLEANER, GENIE, GOLD SPIRIT SPICE, GREEN MONKEY CHRONIC SALVIA, GREENIES STRAWBERRY, GROW

H-     HEAD RUSH ULTRA, HEAVEN IMPROVED, HEAVENSCENT SUAVE, HERBAL ECSTASY, HIOCTANE, HUMBOLDT GOLD, HURRICANE, HUSH, HYPER X ULTRA

I-     ICE BUD, IVORY (ALL TYPES)

J-     JAMAICAN GOLD, JOKER

K-     K ROYAL, K1 (ALL TYPES), K2 (ALL TYPES), K3 (ALL TYPES), K4 (ALL TYPES), KIND SPICE, KW ORISHA MAX, KUSH

L-     LEGAL EAGLE (ALL TYPES), LEGAL PHUNK, LOVE POTION 69, LEGAL (ALL TYPES), LEGAN ECSTASY, LEGAL METH, LOVE STRAWBERRY, LUNAR DIAMOND, LUNAR WAVE

M-     MAGIC DRAGON PLATINUM, MAGIC GOLD, MAGIC SILVER, MAGIC SPICE, MAYA BLUE, MEGA BOMB, MELLOMAN, MELLOW MADNESS 1A, METHOXETAMINE, MID-ATLANTIC EXEMPLAR (ALL TYPES), MIDNIGHT CHILL, MIND BLISS, MNGB ALMOND/VANILLA, MNGB (ALL TYPES), MOE JOE FIRE, MOJO (ALL TYPES), MR. SMILEY’S, MTN-787, MYSTERY NATURAL ECSTASY, NATURAL LSD, NAUGHTY NIGHTS, NEUTRONIUM, NEW IMPROVED K3 (ALL TYPES), NEW K3 (ALL TYPES), NEW-KRON BOMB, NITRO, NUMBER ONE CHOICE (ALL TYPES)

 N –   NATURAL LSD, NAUGHTY NIGHTS, NEUTRONIUM, NEW IMPROVED K3 (ALL TYPES), NEW K3 (ALL TYPES), NEW-KRON BOMB, NITRO, NUMBER ONE CHOICE (ALL TYPES)

   OCEAN BLUE, OCEAN BURST (ALL TYPES)

 O –   OCEAN BLUE, OCEAN BURST (ALL TYPES)

 P –    P.E.P. POTPOURRI (ALL TYPES), PARADISE, PINK LOTUS, PINK TIGER, PIXIE DUST, PLANT FOOD, POSH, POTPOURRI (ALL TYPES), POW, PULSE, PUMP IT POWDER, PURE IVORY, PURPLE WAVE

 Q –    QUICK SILVER

       R –      RADIOACTIVE, RASTA CITRUS SPICE, REBEL SPICE, RECHARGE (ALL TYPES), RED, RED BIRD, RED DOVE, RED DOVES

         S -S1. SWERVE, SAMURAI SPIRIT, SATIVAH, SCARFACE, SCOPE (ALL TYPES), SENCE, SERENITY (ALL TYPES), SEX INTENSE, SEXTACY (ALL TYPES), SHAMANTRANCE, SHANTI SPICE (ALL TYPES), SILENT BLACK, SKINK, SMOKE, SMOKE PLUS,SNOW LEOPARD, SOLAR STAR GOLD, SPACE (ALL TYPES), SPACETRIPS, SPEED FREAK, SPICE (ALL TYPES), SPICERY (ALL TYPES), SPICEY XXX (ALL TYPES), SPICYLICIOUS, SPICE 99 (ALL TYPES), SPIKE 99 (ALL TYPES), SPIKE (ALL TYPES), STARDUST, STARRY NIGHT, STINGER, SUMMER SKYY, SUPER KUSH, SUPER SUMMIT, SWAGGER GRAPE, SYN (ALL TYPES)

T-   TEXAS GOLD, TIME WARP, TNT, TRIBAL WARRIOR (ALL TYPES),     TRANQUILITY

U-       ULTRA CLOUD 10, UNKNOWN CIGARETTE, UTOPIA (ALL TYPES)

V-       V8, VANILLA SKY, VOO DOO (ALL TYPES)

 W –   WHITE (ALL TYPES), WHO DAT (ALL TYPES), WICKED X, WILD OPIUM, WINDER BOOST, WINDOW CLEANER, WOOD STOCK

X-      XTC, X-TRACY ULTRA

Y-       YUCANTAN FIRE, YUCATAN FIRE

Z-       ZOMBIE WORLD, ZOOM

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

EFFECTIVE DATE:

This ordinance shall take effect May 1, 2014.

Lake of the Woods County

 Patricia Beckel, Chair                                                                 Mark E. Hall, Auditor/Treasurer                

EMERGENCY MANAGEMENT

ARMER RADIO

Emergency Management Director, Nina Husbands met with the board requesting authorization to move forward with ARMER Radio Participation Plan for funding.

Motion

Motion was made by Commissioner Nordlof to authorize County Sheriff, Gary Fish and Emergency Management Director, Nina Husbands to move forward with the ARMER Participation Plan for funding of ARMER. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 11:40 a.m. and reconvened at 1:05 p.m. as follows:

PUBLIC HEARING- Larson Road Vacation

Motion

Motion was made by Commissioner Nordlof to close the regular meeting at 1:05 p.m. and open the Public Hearing for Larson Road Vacation. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Chair Beckel welcomed Attorney Richard Lee, David Larson, County Surveyor, Donn Rasmussen and County Attorney Michelle Moren to the public hearing.

County Attorney, Michelle Moren requested from Attorney Richard Lee the affidavits of postings for the public hearing and the acknowledgment of receipts of services of notice of road vacation hearing. County Board reviewed the Resolution of Vacating the Town Road, Release of Damages and the Agreement between David L. Larson and Joanna C. Larson; Charles C. Tews and Paul F. Tews.

Motion

Motion was made by Commissioner Arnesen to close the Public hearing at 1:14 p.m. and open the regular meeting. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Resolution

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

RESOLUTION VACATING A TOWN ROAD

2014-04-06

WHEREAS, the Lake of the Woods County Board of Commissioners received a petition calling for the vacation of the following described road pursuant to Minn. Sat.  164.07

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, said petition was signed by not less than eight voters of the town who own real estate, or occupy real estate under the homestead or preemption laws as or under contract with the state, within three miles of the road:

WHEREAS, the road passes over the following described tracts of land in Lake of the Woods County, Minnesota, owned by the following named owners:

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                                

WHEREAS, the County Board conducted a public hearing on the Petition on the 28th          day of January 28, 2014 at 1:00 p.m., after personal and posted notice provided by the Petitioners pursuant to Minn. Stat. §164.07, subd. 2, and published noticed provided by the County Board;

WHEREAS, the County Board conducted a continuance of the public hearing on the Petition on April 22, 2014 at 1:00 p.m.,  after personal and posted notice provided by the Petitioners pursuant to Minn. Stat. § 164.07, subd. 2 and published noticed provided by the County Board;

WHEREAS, the Petitioners presented the County Board with affidavits at this hearing as proof that the required notice was given;

WHEREAS, the County Board examined the road, heard the interested parties, and considered the matter;

WHEREAS, the County Board determined that the petitioned for action is consistent with the public interest;

WHEREAS, the County Board has examined the ditches lateral to the road and determined that said ditches are not essential for surface drainage or adjacent lands or highways in support of the general health and welfare of the public;

WHEREAS, the owners listed in Appendix A have released in writing all claims for damages from such vacation;

WHEREAS, the Owners listed in Appendix B have reviewed the agreement with the Lake of the Woods County   board ascertaining their damages for the vacation of the road;

NOW, THEREFORE, BE IS RESOLVED, that the Lake of the Woods County Board, Minnesota hereby vacates a town road legal described as follows:

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.

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board Chair and County Auditor/Treasurer, are hereby authorized and directed to execute and record the road order vacating said road and to record the same with the county recorder of Lake of the Woods County;

BE IT FURTHER RESOLVED, that the County Board hereby approves the Agreement entered into between, David L. Larson, Joanna C. Larson, Charles C. Tews, and Paul F. Tews, a copy of which is attached hereto and incorporated herein by reference with the intent and effect that the County Board shall be bound by the Agreement.

BE IT FINALLY RESOLVED, that the County Auditor/Treasure is authorized and directed to provide a copy of this resolution to each of the affected owners listed above.

Adopted this 22nd day of April, 2014 by the following vote:

BOARD OF COMMISSIONERS                             YES                            NO

Commissioner Beckel                                                 x

Commissioner Arnesen                                               x

Commissioner Moorman                                             x

Commissioner Hanson                                                x

Commissioner Nordlof                                               x         

APPENDIX ‘A’

RELEASE OF DAMAGES

WHEREAS, the Lake of the Woods County Board of Commissioners, of Lake of the Woods County, Minnesota has undertaken the procedure set out in Minn. Stat. § 164.07 to vacate the following described road:

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, said vacation will benefit the property owners adjacent to the road by eliminating the encumbrance of an unneeded public road easement from the property;

NOW, THEREFORE, we Lake of the Woods County Board of Commissioners and David L. Larson and Joanna C. Larson; Charles C. Tews and Paul F. Tews, being the owners of the parcels of land in the Wheelers Point Township, Lake of the Woods County, Minnesota, and more particularly described as:

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.

Hereby waive and release all claims to damages sustained by us from the vacation of the above described road which runs through our land.

AGREEMENT REGARDING THE DIVISION OF VACATED PROPERTY

     THIS AGREEMENT, is made this 20th day of April, 2014, between David L. Larson, Joanna C. Larson, Charles C. Tews, and Paul F. Tews hereinafter referred to as Owners.

     WHEREAS, the Owners own real property in Lake of the Woods County, Minnesota, more particularly described as follows:

Lot 1, Block 1, Plat of Harris Addition and Lot 7, Block 1, Wheeler’s Point, according to the recorded plat thereof.   

     WHEREAS, the Lake of the Woods County has undertaken the procedure contained in M.S. § 164.07 to vacate the following premises:

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, said road passes between the Owner’s above described property.

     WHEREAS, the described vacated premises has been divided into two parcels known as TRACT A1 and TRACT A2 as shown and described in the Attached Certificate of Survey.

     WHEREAS, TRACT A1’s legal description is as follows:

Those portions of Beach Avenue, 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 and southwesterly of Lot 7, Block 1, said WHEELER’S POINT and which lie northwesterly of Line 1 described below and which lie easterly of Line 2 described below:

LINE 1:

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.

LINE 2:

Commencing 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, 459.65 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 the point of beginning of the line to be described; thence North 26 degrees 28 minutes 39 seconds West 61.29 feet; thence North 29 degrees 30 minutes 59 seconds East 123 feet, more or less, to the shore of Four Mile Bay, Lake of the Woods and said line there terminating.

     WHEREAS, TRACT A2’s legal description is as follows:

Those portions of Beach Avenue, 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 southeasterly of Lot 1, Block 1, HARRIS ADDITION, according to the plat thereof on record in said Recorder’s office and which lie northwesterly of Line 1 described below and which lie westerly of Line 2 described below:

LINE 1:

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.

LINE 2:

Commencing 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, 459.65 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 the point of beginning of the line to be described; thence North 26 degrees 28 minutes 39 seconds West 61.29 feet; thence North 29 degrees 30 minutes 59 seconds East 123 feet, more or less, to the shore of Four Mile Bay, Lake of the Woods and said line there terminating.

     WHEREAS, the Owners shall take TRACT A1 and TRACT A2 subject to ROAD EASEMENT.

     WHEREAS, ROAD EASEMENT’s legal description is as follows:

A 20.00 foot wide easement for ingress and egress, the center line of which is described as follows: Commencing at the southwest corner of Block 3, WHEELER’S POINT, according to the plat thereof on record in the Lake of the Woods County, Minnesota Recorder’s office; thence North 71 degrees 19 minutes 24 seconds East, bearing based on the Lake of the Woods County Coordinate Database NAD 83, 459.65 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 the point of beginning of the line to be described; thence North 26 degrees 28 minutes 39 seconds West 61.29 feet; thence North 60 degrees 29 minutes 01 seconds West 20.00 feet to the southeasterly line of Lot 1, Block 1, HARRIS ADDITION, according to the plat thereof on record in said Recorder’s office and said line there terminating. The side lines of said easement shall be prolonged or shortened to terminate at said northeasterly extension of the northwesterly line of River Drive and at said southeasterly line of Lot 1.

     NOW, THEREFORE, the Owners agree as follows:

  1. The Owners agree and request that the Lake of the Woods County Board adopt a Resolution and Order vacating the above described roads and reverting the above described roads to David L. Larson, Joanna C. Larson, Charles C. Tews, and Paul F. Tews, the abutting owners of the vacated roads.
  2. The Owners agree and request that David L. Larson and Joanna C. Larson be granted TRACT A1 in fee simple absolute subject to ROAD EASEMENT and agree to be subject to the Resolution and Order adopted by the Lake of the Woods County Board vacating the above described roads and reverting said roads as set forth in this Agreement.
  3. The Owners agree and request that Charles C. Tews and Paul F. Tews be granted TRACT A2 in fee simple absolute subject to ROAD EASEMENT and agree to be subject to the Resolution and Order adopted by the Lake of the Woods County Board vacating the above described roads and reverting said roads as set forth in this Agreement.
  4. That if the Lake of the Woods County Board does adopt the Resolution and Order as described above, the owners agree to abide by it.

     Dated this 22 day of April, 2014

                  David L. Larson                          Joanna C. Larson

                  Charles C. Tews                         Paul F. Tews

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

CLOSED SESSION

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

RESOLUTION CLOSING BOARD MEETING

2014-04-07

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege;” and

WHEREAS, ANIP Acquisition Company vs. County of Lake of the Woods, Case No. 39-CV-12-86 and 39-CV-13-116 has  filed an action in Minnesota Tax court, contesting the valuations of real property owned in Lake of the Woods County; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the pending lawsuit; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the litigation and potential settlement in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

  1. The Lake of the Woods County Board hereby closes this meeting at 1:18 p.m based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b);

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Tax Court action, and any settlement proposals which may be made by or responded to by the Lake of the Woods County Board.

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

The following were present at the closed session: Commissioners Arnesen, Beckel, Moorman, Hanson and Nordlof. Also preset, Count Attorney, Michelle Moren and County Assessor, Mary Jo Otten.

Motion

Motion was made by Commissioner Hanson to close the closed session and open the regular meeting at 1:36 p.m.

ANI

The board agreed  to offer to stipulate a value of $1,520,000 for payable 2012, 2013 and 2014 on parcel #60.51.05.010 (main facility) owned by ANIP and located at 210 Main St W, and a value of $610,000 for payable 2012, 2103 and 2014 on parcel #64.10.11.050 (hormone plant), owned by ANIP  and located at 455 IDC Rd SW. The values were established by the appraisal that was done for the County in response to the Tax Court Petition filed by ANIP for tax years 2012, 2103, & 2014.

MOTION

Motion was made by Commissioner Arnesen to accept the appraised values of $1.52 million for the Main Facility and $610,000 for the Hormone Plant for tax years 2012, 2103 and 2014 and to proceed with the tentative agreement between ANIP and the County for the difference in valuation for tax years 2012, 2013 and 2014. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried, with Commissioner Nordlof abstaining from voting.

CONFERENCE CALL

The board received a conference call with Representative Roger Erickson with him updating the board on the following topics:

  • Bonding
  • Synthetic Drug Law
  • Wetland Issues- conflict with committee hosting

Recess

With no further business before the board, Chair Beckel called the meeting to recess at 2:29 p.m.

Attest:                                                                                     Approved: May 13, 2014

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

___________________________                                          ______________________________