July, 2016

Commissioner Proceedings

July 26, 2016

pursuant to MN. Statute 331A.01, subd. 10

the published material is only a summary and the full text is available for public inspection

at the lake of the woods county auditor/treasurers’ office

or by standard mail or electronic mail or lake of the woods county

website –www.lake-of-the-woods.mn.us

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 26, 2016 at Lake of the Woods County Government Center in the Commissioners Room.

Call to Order- Chairman Moorman called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Ed Arnesen, Patty Beckel, Ken Moorman, and Buck Nordlof, absent Thomas Hanson. Also present were: Deputy Auditor /Treasurer Janet Rudd, and Woody Fiala.

Approval of Agenda-Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the agenda with the following additions: Lost warrant, NWCA and notice of intent to LGUs and work plan.

Approval of Consent Agenda None

Approval of Minutes-Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to approve the official and summarized minutes of July 12, 2016.

BORDERLAND SUBSTANCE ABUSE COURT-Christina Husbands, Drug Court Coordinator met with the board to discuss the state shortfall of funding for the drug court. She informed the board that she has been working on receiving other grants, if awarded they would not receive funding until later. The deficit is between Lake of the Woods County and Koochiching County Drug Court. Koochiching County Commissioners have expressed they do not want to contribute money to salaries for the drug court in the future. The board discussed having separate accounts, one for Lake of the Woods County contributions and grant monies received and one for Koochiching County contributions and grant monies. Commissioner Beckel stated that there has not been a steering committee meeting for the Drug Court for some time and requested that Christina check with the Judge to see if he would call a meeting for the two counties to meet and discuss funding issues.Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve payment up to $15,000 to the State of Minnesota for reimbursement for payroll expenses for the Borderland Substance Abuse Court with funding from the Borderland Drug Court account and the Driving Under Influence (DUI) participation fee account.

Motion was made by Commissioner Beckel, seconded by Commissioner Arnesen and carried unanimously to add Social Service Director, Amy Ballard to the DUI steering committee.

SOCIAL SERVICES-Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county: Commissioners Warrants: $10,036.43; Commissioners Warrants: $5,996.98.

AUDITOR/TREASURER-Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to approve the claims against the county as follows: Revenue $53,041.39, Road & Bridge $211,751.18, Co. Develop $200.00 , Solid Waste $691.80, EDA $4,771.45. Further moved to authorize the payment of the following auditor warrants: July 12, 7,658.34, July 20, $10,706.80, July 20, $5,174.89.

WARRANTS FOR PUBLICATION

Warrants Approved On 7/26/2016 For Payment 7/29/2016

Vendor Name Amount

Arrowhead Library System 33,118.02

Cole Logging & Livestock, Inc 8,490.00

Computer Professionals Unlimited Inc 3,193.00

DLT Solutions, Inc 2,092.74

Earthworks Contracting Inc 9,930.00

Envirotech Services Inc 7,181.24

Esri 4,750.00

Ferrier Logging, Inc 9,840.00

Fish/Kevin 19,440.00

Fort Distributors Ltd 8,759.10

Hasbargen Farms Inc 9,870.00

Hasler 4,000.00

John Deere Financial 2,929.12

Lavalla Sand & Gravel Inc 100,000.00

Miovac/Tim 9,870.00

Mn Dept Of Transp 5,637.95

Norman Johnson Trucking 9,870.00

Northwest Community Action, Inc 3,506.00

44 Payments less than 2000 17,978.65

Final Total: 270,455.82

Lost Warrant

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the application and affidavit for lost warrant for Steve Le Claire dated April 15, 2016 for $645.00 without furnishing indemnifying bond

MAINTENANCE SUPERVISOR-Maintenance Supervisor, Peder Hovland met with the board to update them on the Government Center North roof and sewer. The board discussed possible options on the roof and requested that Peder to pursue the sewer situation.Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to authorize Maintenance Supervisor, Peder Hovland to hire Tops All Roofing to replace the GCN roof with the cost up to $59,166.80, with funding from the Building fund and reallocate from the general fund.

DITCH AUTHORITY-Chairman Moorman informed the board that the Auditor/Treasures Office have completed the beneficiary spreadsheet for Ditch 7 & 28 and by the end of August to have Ditch 26 completed.

LAND AND WATER PLANNING-Land and Water Planning Director, Josh Stromlund met with the board and presented two Conditional Use Permits for Michael Gamache requesting to move more than fifty (50) cubic yards of material in the shoreland area of Kelly Creek and for Janice Kabat to conduct a commercial business consisting of a short-term vacation rental in a Residential (R1) District. He informed the board that the Planning Commission recommended to approve both Conditional Use Permits. Motion was made by Commissioner Arnesen, seconded by Commissioner Beckel and carried unanimously to approve the Conditional Use Permit for Michale Gamache with condition that it is completed by July 1, 2017. Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to approve the Conditional Use Permit for Janice Kabat with no condtions.

RECESS-The meeting was called to recess at 10:50 a.m. and reconvened at 11:00 a.m. as follows:

NORTHWEST COMMUNITY ACTION- Chairman Moorman, on behalf of Lake of the Woods Economic Development Association President Tom Hanson presented a letter notifying Northwest Community Action that the Lake of the Woods EDA will longer need their services, and informed Randy that the EDA and has taken action to terminate the contract with sixty (60) days’ notice and appreciates all the work that Karl Frigaard has done for the EDA. Northwest Community Action Executive Director, Randy Nordin met with the board to inform the board that they did not receive the grant for the Youth Program for the Little Brother, Little Sister. All that funding stayed in the Metro Area; however they did receive a $20,000 grant from the Economics of Opportunities, but not enough funding for the entire program. Randy indicated that the State Association Director came up with a plan on savings on home placements, that if the three counties would contribute $20,000 each, for two to three years to see how it would go. Randy also informed the board that NWCA did receive a grant from DHS for a “Live Well at Home” which would assist with Respite Care, Home modifications and Personnel Attention.

WHEELER POINT SEWER-Commissioner Beckel informed the board that the sewer project is being held up right now with Wetlands issues.

RECESS-The meeting was called to recess at 11:50 a.m. and reconvened at 1:05 p.m. as follows:

SANDY SHORES/BIRCH BEACH CROSSING

Chairman Moorman welcomed the residents to the meeting on the Sandy Shores/Birch Beach crossing and requested that Public Works Director, Tim Erickson give a summary of the issues of the crossing.

Public Works Director, Tim Erickson informed the residents that the county has a drainage easement from private property owners for the ditch between the two developments. This is the location where the proposed crossing would be located. The drainage easement does not give the county the authority to install a crossing. Permission would be needed from both landowners to secure an easement. As of July 25, 2016 the necessary easements have not been granted to the county. The only other option would be for the county to condemn the property. The Lake of the Woods County board has decided against the condemnation process. The County has tried to assist to help with this issue, but this issue is something that the property owners need to work out. Chairman Moorman opened the floor for comments from the residents. All letter received were acknowledged. Chairman Moorman thanked the residents for attending the meeting.

Summary-Birch Beach Plat was established in 1926 and Sandy Shores Plat was established in 1975.

In 2005 the county improved the ditch and also improved the drainage outlet at Sandy Shores/Birch Beach and removed a culvert. In 2012 someone constructed a makeshift bridge on private property and on Lake of the Woods County drainage easement without any permission from the county. Public Works Department removed the bridge for it was unsafe and not permitted. In November 2012 the county received a petition from the residents of Sandy Shores/Birch Beach area expressing support in favor of crossing that they would like to link the two communities together. Then in June 2013 a representative of the Sandy Shore/Birch Beach met with the board to discuss the crossing and at that time the board requested Public Works Director Tim to meet with the property owners about their property to see if they would be interested in an easement so the crossing could be made to connect the two communities. Because the necessary easement have not been granted to the county, the Lake of the Woods County Board is not considering any further action at this time.

Recess-With no further business before the board, Chairman Moorman called the meeting to recess at 2:03 p.m.

Attest: Approved: August 16, 2016

_______________________ _________________________________

Janet E. Rudd Chairman of the Board, Ken MoormanDeputy Auditor/Treasurer

July, 2015

Commissioner Proceedings

July 14, 2015

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 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 Ed Arnesen, Buck Nordlof, Ken Moorman, Patty Beckel and Tom 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 Beckel and carried unanimously to approve the agenda with the following additions: Lost warrant, Paul Bunyan Transit Update, and Hoffman, Philipp & Knutson PLLC letter.

Approval of Consent Agenda

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the consent agenda as follows: Christine Hultman to Breezy Point on June 24-26 for AMSSA Conference.

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 June 23, 2015.

auditor/treasurer

Claims

County Auditor/Treasurer, Lorene Hanson 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 claims against the county as follows:

Revenue $ 42,334.31

Road & Bridge $108,554.86

County Devel $ 2,050.60

Natl Resc.Enhanc $ 224.90
Solid Waste $ 27,816.89

EDA $ 3,54.56

Sale/Forf Lands $ 91.98

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

June 23, 2015 $ 21,165.40

July 1, 2015 $408,810.02

July 8, 2015 $ 77,626.62

WARRANTS FOR PUBLICATION

Warrants Approved On 7/14/2015 for Payment 7/17/2015

Vendor Name Amount

Cenex Co-Op Services, Inc. 11,709.12

Computer Professionals Unlimited Inc 9,519.00

Contech Engineered Solutions LLC 40,271.30

Crop Production Services 18,652.21

Fort Distributors Ltd 23,026.50

Howard’s Oil Company 2,581.91

LOW Highway Dept 5,021.25

Mar-Kit Landfill 14,421.15

Mn Counties Information System 2,561.25

Northwest Community Action, Inc 3,460.00

R & Q Trucking, Inc 3,710.20

Rinke-Noonan 2,264.90

University Of Mn 9,395.85

Voyageurs Comtronics, Inc 2,640.00

Woody’s Service 6,243.96

69 Payments less than 2000 29,099.50 Final Total: $ 184,578.10

Deputy Auditor/Driver’s License Clerk-Election

County Auditor/Treasurer, Lorene Hanson and Human Resource Director, Karen Ose met with the board requesting authorization to hire and to approve grade and step for the Deputy Auditor/Driver’s License Clerk-Election.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Moorman and carried unanimously to approve the hiring for the Deputy Auditor/Driver’s License Clerk-Election at grade 10 step 1, $17.34 per hour, points 247.

Fiscal Officer

County Auditor/Treasurer, Lorene Hanson met with the board requesting authorization to hire and to approve to approve grade and step for the Fiscal Officer. They explained that they would like to have a range, possibility of candidates experience up to step 3.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the hiring for Fiscal Officer at grade 12, up to step 3- points 276.

Lost Warrant

County Auditor/Treasurer, Lorene Hanson met with the board requoting approval for a lost warrant for Ginger Cargile, dated December 19, 2014 for $14.84.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Beckel and carried unanimously to approve the lost warrant for Ginger Cargile, dated December 19, 2014 for $14.80, without furnishing of an indemnifying bond.

2014 Audit -Letter Hoffman, Philipp & Knutson PLLC

County Auditor/Treasurer, Lorene Hanson met with the board and informed the board that they received the engagement letter from Hoffman, Philipp, & Knutson, PLLC informing them that they will be auditing the financial statements of the governmental activities, major funds and the aggregate remaining fund information for the county.

HUMAN RESOURCES

Human Resource Director, Karen Ose met with the board requesting authorization to have a DocuShred Container and a mountable mail box for her department.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Hanson and carried unanimously to authorize Human Resource Director to order a DocuShred container and a mountable mail box for the Human Resources department.

Social Services

Claims

Social Services Director, Amy Ballard and Fiscal Officer, Christine Hultman 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 $ 26,268.01

Commissioners’ Warrants $ 5,672.04

Commissioners’ Warrants $ 32,285.86

Update on Hiring

Social Services Director, Amy Ballard met with the board on the hiring process for the Case Aide position and that just closed; informed the board that in the 2015 Legislative session they mandated and allocated $60,000 per year to hire Child Protection Officer.

PAUL BUNYAN TRANSIT

Social Service Director, Amy Ballard informed the board that she attended the Paul Bunyan Transit meeting which was held on June 24 and stated that the counties are disappointed with the services that they are receiving and that they will be getting together to discuss these issues; service area radius is four (4) miles around Brink Center as defined by Paul Bunyan Transit.

NORTHERN DENTALACCESS CENTER

Northern Dental Access Center Warren Larson, founding member met with the board to seek support for the Northern Dental Access Center for creating a dental home for under service resident of Northern Minnesota. He informed the board that they want to request State Bonding funding to support the construction of a new and larger dental clinic and is requesting a resolution of support.

Resolution

The following resolution was offered by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously:

Lake of the Woods County Board of Commissioners Resolution of Support

Northern Dental Access Center

RESOLUTION NO. 15-07-01

Resolution to support the expansion of Northern Dental Access Center to serve people in need, who live in and around Lake of the Woods County, with dental care

WHEREAS; lack of access to dental care is a common challenge among people experiencing poverty and other life challenges; and

WHEREAS; the lack of adequate dental care negatively affects the health of individuals and the overall health of the County; and

WHEREAS; lack of access to dental care contributes to challenges in worker productivity, childhood learning, and social success among vulnerable and at risk people; and

WHEREAS; even though many dentists within the region work to meet the need for dental care by all residents, the growing demand among low income and at-risk people, along with reduced Medicaid payments, there remains a significant gap in dental care access in the region; and

WHEREAS; Northern Dental Access Center has successfully served more than 13,000 people in its first six years of operation, with dental care and the patient support services necessary to address barriers to care; and

WHEREAS; growing demographic projections indicate that the number of low income people who live in and around Lake of the Woods County will number more than 70,000 in the year 2020; and

WHEREAS; the current Northern Dental Access Center facility is housed in a leased facility that has been expanded multiple times with no more capacity to grow in order to adequately meet the growing demand for care. Parking challenges, ADA compliance issues, high energy costs, lack of adequate administrative and storage space, and lack of patient privacy—all contribute to the growing need for a new facility; and

WHEREAS; a new clinic with updated features and room for expansion will provide for greater number of patients served, higher efficiency in the use of public funds, allow for multiple community partnerships to better serve low income families with dental care and access to other resources to improve their overall health.

NOW, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners supports development of a new facility to house Northern Dental Access Center and its community partners to assure the organization’s long term sustainability and for the purposes of serving greater numbers of low income people in the region with dental care and support services to address barriers to care.

AND BE IT FURTHER RESOLVED; that the Lake of the Woods County Board of Commissioners encourages adjacent units of government to resolve similar support of Northern Dental Access Center’s.

RECESS

The meeting was called to recess at 9:50 a.m. and reconvened at 9:59 a.m. as follows:

COMMITTEE REPORTS

Commissioner Nordlof- informed the board on the North Land Use meeting

Commissioner Moorman- informed the board on the Montana Institutes training for Prevention Coalition.

OLD/NEW

Beaver- More trappers on the list

Clementson Property- now transferred to county, near future get parks committee together

NWA- Tribal meeting on July 29

RECESS

The meeting was called to recess at 10:30 a.m. and reconvened at 11:00 a.m. as follows:

MEDICAL EXAMNIER

Dr. Maryann Sens, Medical Examiner met with the board to give an update on new Legislative changes on Autopsy requirements, which give families religious objectives to autopsy the right to say no, except for traffic fatalities and drug overdoses.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board and informed the board that MPC approved the Solid Waste Plan and now he can move on with the SCORE report and other requirements.

City of Williams –School

The board discussed the Old Williams School and the water flow. Tim informed the board that he has not had time to look at this so far.

Markit Landfill

Manager Dale Nelson, from Markit Landfill met with the board to review the new contract for Solid Waste disposal and informed the board that the contract from 1995 will be expiring and the cost per ton has only increased from $45 a ton, to $50 per ton. The contract was placed on July 28, 2015 board agenda for approval.

County Road 17

Public Works Director, Tim Erickson met with the board and informed them that the County Road 17 construction project is moving along.

RECESS

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

Attest: Approved: July 28, 2015

_______________________ _________________________________

Lorene Hanson, Chairman of the Board, Edward Arnesen

County Auditor/Treasurer

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

Commissioner Proceedings

July 28, 2015

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

Call to Order

Chairman Arnesen called the meeting to order at 9:04 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners Ed Arnesen, Buck Nordlof, Ken Moorman, Patty Beckel and Tom 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 Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following additions: Great Northern Transmission Line, City of Baudette Resolution for housing.

Approval of Consent Agenda

Motion was made by Commissioner Beckel, seconded by Commissioner Moorman and carried unanimously to approve the consent agenda as follows: Leah Larson to Walker on September 9-10 for Adult Protection Services Investigation.

Approval of Minutes

Motion

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

auditor/treasurer

Claims

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

Motion

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

Revenue $ 46,815.69

Road & Bridge $116,569.25

Social Services $ (60.00)

County Devel $ 2,304.00

Natl Resc.Enhanc $ 16.00
Solid Waste $ 675.54

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

July 14, 2015 $362,248.85

July 17, 2015 $ 35,462.60

July 21, 2015 $ 12,135.76

WARRANTS FOR PUBLICATION

Warrants Approved On 7/28/2015 for Payment 7/31/2015

Vendor Name Amount

Arrowhead Library System 33,118.02

Beckel/Todd 4,624.00

DLT Solutions, Inc 2,092.74

Esri 3,900.00

Tri-City Paving Inc 104,753.59

Widseth Smith Nolting&Asst Inc 2,880.00

44 Payments less than 2000 14,952.13 Final Total: 166,320.48

Motor Vehicle Checking Account

County Auditor/Treasurer, Lorene Hanson met with the board requesting authorization for adding signatures for the Motor Vehicle Checking account.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Moorman and carried unanimously to authorize County Auditor/Treasurer, Lorene Hanson and Deputy Auditor/Treasurer Erik Tange to sign the Motor Vehicle checking account effective August 3, 2015.

Health Insurance Quotes

County Auditor/Treasurer, Lorene Hanson informed the board that she will be requesting quotes for the 2016 Health Insurance rates.

County Land Leases/Timber Sales

County Auditor/Treasurer, Lorene Hanson met with the board to discuss county land leases and informed the board that the county has a request to rent some land from the county for farm use. The board requested that the Land Leases be placed on the next agenda with the current value of land, and to discuss county timber sales.

Social Services

Claims

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

Motion

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

Commissioners’ Warrants $ 20,721.27

Commissioners’ Warrants $ 22,315.21

Paul Bunyan Transit

Social Services Director, Amy Ballard updated the board on the last transit meeting and informed them that it went well and the passes are working fine. They will be meeting this week to discuss expanded service area.

Approval to Advertise and Interview/Hire

Social Services Director, Amy Ballard met with the board requesting authorization to advertise and interview for two Social Workers and to promote Jodi Ferrier as the Social Worker Supervisor.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Hanson and carried unanimously to authorize Social Service Director, Amy Ballard and Human Resource Director, Karen Ose to advertise and Interview for two (2) Social Workers.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Beckel and carried unanimously to hire Jodi Ferrier as the Social Worker Supervisor effective August 3, 2015, at grade 18, step 1, $27.49, points 406.

Case Aid Position

Social Service Director, Amy Ballard informed the board that they will be interviewing for Case Aid Position on July 30, 2015 and asked for approval to hire. The board requested that she place this on the next agenda for approval.

BRINK CENTER

Arvid Jaranson, Ex-Officio board member met with the board requesting funding from the Senior Nutrient Fund for the Lighting and Ceiling Project at the brink center.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Moorman and carried unanimously to release $1,967.72 to the Brink Center from the Senior Nutrient Fund. (Note, this was the remaining balance of the Senior Nutrient reserve account).

GREAT NORTHERN TRANSMISSION LINE

Chairman Arnesen informed the board that the Great Northern Transmission Line will be holding a Public Hearing on August 6, 2015 at 11:00 a.m. in the matter of the application of Minnesota Power for a Route Permit for the Great Northern Transmission Line Project.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof to appoint Commissioner Hanson as the Lake of the Woods County Board representative for the Great Northern Transmission Line.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board and requested authorization to enter into a Solid Waste Agreement with Markit Landfill. Tim informed the board that next week Knife River will be in to tar some roads; Heavy Equipment Operator interviews will be next week; Building Committee to meet on August 4 to look at remodeling the offices for Social Service and Auditor/Treasurers offices; and to discuss the Buildings budget for 2016.

Motion

Motion was made by Commissioner Beckel, seconded by Commissioner Nordlof and carried unanimously to enter into the Solid Waste agreement as presented with Markit Landfill effective January 1, 2016 and expiring December 31, 2025, and authorizes Chairman Arnesen, County Auditor/Treasurer, Lorene Hanson to sign.

Paint Care Contract

Public Works Director, Tim Erickson met with the board and informed them that the Paint Care Contract is due and the Household Hazardous Waste Joint Powers decides if they want to enter into this contract.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board requesting continuance funding for the Wetland Mitigation. The board requested that when funding is spent on this project that Josh give them updates on the Mitigation process.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to approve the continuance funding for the Wetland Mitigation process and authorize County Auditor/Treasurer to release those funds as needed.

RECESS

The meeting was called to recess at 10:35 a.m. and reconvened at 10:45 a.m. as follows:

WATER ISSUES

Chairman Arnesen welcomed the area farmers and residents to the meeting. Other staff present: Public Works Director Tim Erickson, Assistant County Engineer, Boyd Johnson, Land and Water Planning Director, Josh Stromlund, County Attorney, James Austad and County Sheriff, Gary Fish.

Chairman Arnesen informed the group that all comments are to be directed to him. Chairman of the Board informed the group that since the last meeting they have addressed the issue of Judicial Ditch 28 and met with Contracted Ditch Attorney, Kurt Deter, explained that the ditch has been inactive for years and Judicial Ditches are restricted of non-use of public funds for any maintenance or repairs. Chairman Arnesen informed the group that the County Board is the Ditch Authority and they give direction to other departments of what they need. Requested that County Auditor/Treasurer, Lorene Hanson and Public Works Director Tim Erickson explained where their office is in the process of Judicial Ditch 28.

County Auditor/Treasurer- Lorene informed the group that her office is working on assessments and setting up the original ditch beneficiaries and updating the parcels in the benefited area. Once that is completed they will be able to apply the agreed upon assessment to the beneficiaries. Public Works Director, Tim Erickson informed them that his department is gather information on outlets, other lateral and natural drainage course. Chairman Arnesen opened the floor for comments and concerns of water issues. Issues that were addressed were: Judicial Ditch 28, outlets blocked; ditches that need to be cleaned out; cost share program for ditch cleaning; permitting, and concerns of County Road 214. The board discussed long term goals- Judicial Ditch 28 assessment completed; Short term goals- access individual ditches and plan out scheduled weekly ditch cleaning.

RECESS

The meeting was called to recess at 12:10 p.m. and reconvened at 1:00 p.m. as follows:

PUBLIC HEARING-Schrandt Cartway

Motion was made by Commissioner Moorman, seconded by Commissioner Beckel and carried unanimously to close the regular meeting and open the Public Hearing at 1:04 p.m. Pursuant to MN Statute 164.08 to establish a cartway. County Attorney, James Austad asked Attorney Nora Crumpton for affidavit of mailing for the affected land owners, Attorney Nora Crumpton presented the affidavit of service and return of service from Polk County Sheriff’s office served to Gary Pulkrabeck. County Attorney James Austad asked if the notice was posted. Attorney Nora Crumpton said that it was done by her office but not sure where it was posted and felt that notification was enough. Gary Pulkrabeck and David and Mary Schrandt were in attendance at the hearing.

County Attorney, James Austad stated that the Petition seeks to establish a cartway pursuant to Minnesota Statute 164.08. The description of the proposed cartway is:

The West two (2) rods of the Northeast Quarter (NE¼) of Section Two (2), Township One Hundred Sixty (160) North, Range Thirty-three (33) West; and the West two (2) rods of the Northwest Quarter of the Southeast Quarter (NW¼ SE¼) of said Section Two (2), Township One Hundred Sixty (160) North, Range Thirty-three (33) West.

The description of the individual tracts of land over which the proposed cartway would pass are:

The Northeast Quarter (NE¼) of Section Two (2), Township One Hundred Sixty (160) North, Range Thirty-three (33) West; and the Northwest Quarter of the Southeast Quarter (NW¼ SE¼) of said Section Two (2), Township One Hundred Sixty (160) North, Range Thirty-three (33) West.

Attorney Nora Crumpton acknowledges that the property is at least 5 acres and is land locked. Nora explained that back in October 22, 2013 the petitioners did not want the cartway that was chosen, they wanted the one they chose and only want access by four wheeler ; would only bring in heavy equipment in the winter time, and want a Private cartway and not a public.

The board reviewed the cartway request and viewed Ariel photos. The board reviewed alternate routes. The board did not feel comfortable making a decision at this meeting for they are looking at alternate routes and the route they are looking at would include land owned by Paul Pederson, and since he was not served and not present they want to continue the Public Hearing on September 8, at 1:00 p.m.

Motion

Motion was made by Commissioner Hanson, seconded by Commissioner Nordlof and carried unanimously to close the public hearing at 2:10 p.m. and to set the continuance of Public hearing for September 8, 2015 at 1:00 p.m.

CITY OF BAUDETTE-Housing

Chairman Arnesen presented a resolution of support for the City of Baudette for transfer of ownership of the Coast Guard housing units to the City of Baudette.

Resolution

RESOLUTION NO. 2015-07-02

WHEREAS; it has been determined that there is a housing shortage in the Baudette Community; and

WHEREAS; the Lake of the Woods Economic Development Authority has completed a housing study to identify the needs of the community with regard to housing needs; and

WHEREAS; the housing study identified a significant need for workforce and student housing; and

WHEREAS; it is the goal of the Lake of the Woods County Board of Commissioners to address the housing shortage; and

WHEREAS; there are four vacant housing units located on Hamilton Avenue; and

WHEREAS; the housing units are located in an affordable housing development; and

WHEREAS; the Coast Guard no longer has a use for the housing units; and

WHEREAS; the units are sitting vacant and slowly deteriorating;

NOW THEREFORE BE IT RESOLVED; Lake of the Woods County and surrounding community could utilize the units to address the housing shortage;

BE IT FURTHER RESOLVED; that the Lake of the Woods Board of Commissioners supports the transfer of ownership of the Coast Guard housing units to the City of Baudette.

RECESS

With no further business before the board, Chairman Arnesen called the meeting to recess at 2:20 p.m.

Attest: Approved: August 11, 2015

_______________________ _________________________________

Lorene Hanson, Chairman of the Board, Edward ArnesenCounty Auditor/Treasurer

July, 2014

Commissioner Proceedings

July 8, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 8, 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, Buck Nordlof, Ken Moorman, Ed Arnesen, Patty Beckel 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: ANI Acquisition Company, Rip-Rap discussion, and Add to Old/New Business- Flood Water Issues. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

Motion was made by Commissioner Arnesen to approve the consent agenda as follows: Travel for Stacy Novak, on July 13-14 for MCCC Committee in St. Paul (re-scheduled from July 9-10); Craig Severs on September 28-October 1 for MN Family Support & Recovery Council in St. Cloud. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

Approval of Minutes

June 24, 2014 Minutes

Motion was made by Commissioner Hanson to approve the minutes of June 24, 2014 regular meeting with changes. 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 Moorman to approve the claims against the county as follows:

Revenue $ 31,152.26

Road & Bridge $ 170,851.78

Solid Waste $ 6,387.55

EDA $ 2,019.99

219,411.58

WARRANTS FOR PUBLICATION

Warrants Approved On 7/08/2014 For Payment 7/11/2014

Vendor Name Amount

Cenex Co-Op Services, Inc. 3,051.56

Hasler 4,000.00

Jake’s Quality Tire Inc 2,102.24

Lakewood Farms Inc 6,872.53

Nortrax Inc 161,224.00

SeaChange Printing&MarketingServices LLC 3,432.20

Strata Corp, Inc 3,394.65

University Of Mn 8,316.24

Ziegler, Inc 2,788.74

61 Payments less than 2000 24,229.42

Final Total: 219,411.58

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

June 11, 2014 $ 80,143.74

June 26, 2014 $ 40,474.96

July 2, 2014 $ 1,193.07

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

Approval of Final Land Sale

County Auditor/Treasurer, Mark Hall and Deputy Auditor, Stacy Novak met with the board requesting approval for the terms of the Land Sale that will be held on August 22, 2014.

Motion

Motion was made by Commissioner Arnesen to approve the following terms of the Tax Forfeited Land sale that will be held on August 22, 2014 as recommend by County Attorney, James Austad:

TERMS FOR THE PUBLIC SALE OF TAX FORFEITED LAND

IN LAKE OF THE WOODS COUNTY

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

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

FEES: The following fees will be collected at the time of sale: State Assurance Surcharge, 3%; State Deed Fee, $25; Deed filing fee, 19.50; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50 (if applicable); and State Deed Tax, equal to the greater of $1.65 or 0.33% of the basic sale price.

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

Payment includes timber value and certified special assessments to county.

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

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

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

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

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

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

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

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

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

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

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

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

Publication of Land Sale

County Auditor/Treasurer, Mark Hall met with the board requesting approval to set the date and time for the Tax-Forfeited Land Sale.

Resolution

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

NOTICE OF PUBLIC SALE OF TAX-FORFEITED LANDS

Resolution No. 2014-07-01

NOTICE IS HEREBY GIVEN, that the parcels of land described in the List of Tax-Forfeited Land that is contained herein shall be sold to the highest bidder at public sale. The sale will be governed by the provisions of MS 282.01 and by the resolution of the Lake of the Woods County Board of Commissioners authorizing the sale. The resolution reads as follows:

BE IT RESOLVED, that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at 1:00 p.m. on August 22, 2014 , by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

BE IT FURTHER RESOLVED, that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Lake of the Woods County Board of Commissioners.

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

Publishing of Land Sale

County Auditor/Treasurer, Mark Hall informed the board that he would like to publish the notice of sale for the following weeks: July 14, 21 and 28. The board concurred of the publishing dates.

Appointment to Canvassing Board

County Auditor/Treasurer, Mark Hall met with the board requesting approval to appoint two Commissioners to the 2014 Canvassing Board.

Motion

Motion was made by Commissioner Arnesen to appoint Commissioner Hanson and Commissioner Beckel to the Canvassing Board for the 2014 Primary and General Election. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Appointment of 2014 Election Judges and Hourly Pay

County Auditor/Treasurer Mark Hall met with the County Board to approve election judges for the primary and general elections; and request a pay increase for the election judges.

Motion

Motion was made by Commissioner Moorman to approve the following election judges for the 2014 primary and general elections: Mary Marhula, Dorothy Chapman, Christie Russell, Sandy Peterson, Judy Johnson, Shelley Pepera, Aprille Levasseur, Rita Krause, Margie Sporlein, Dale Boretski, Steve Sindelir, Dawn Christianson, Darren Olson, Lorene Hanson, Jo Thoreson, Jean Larson, John Carroll, Stacy Novak, Jamie-Boretski-Lavalla, Jodi Ferrier, Dena Pieper and Nancy Olson. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the hourly pay for election judges as follows: head election judges at $10.25 per hour and election judges at $9.75 per hour; effective with the 2014 election. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Peddler’s License

County Auditor/Treasurer, Mark Hall met with the board informing the board there was a request for a Peddler’s License and that the county in the past has not issued a peddler’s license. Mark informed them that he contacted a couple other counties in the area, and they do not require a peddler’s license and wanted to know which direction the county would want to go. The consensus of the board was not to require a peddler’s license within Lake of the Woods County.

Amend Agenda

Motion was made by Commissioner Arnesen to amend the agenda and add Cenex Co-op to the agenda. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Cenex –Coop

Kent Hanson, Manager of the Cenex Coop to inform the board that the Canadian National Railroad had decided to discontinue the Coop’s use of the transload site in Baudette that is used for off-loading and distribution of propane into northern MN & ND as well as southern Ontario and requested County Boards support. The board will send letters of support to the appropriate people for their help in this matter.

land and water planning

Land and Water Planning Director, Josh Stromlund met with the board and informed them that the Drainage Committee will meet on July 24 at 6:30 p.m.; Wetland appeal is on hold while the Administrative Judge reviews and around August 12 or 13 the hearing will be held on decision of appeal; followed up on the MN Commerce Letter in regards to appointing someone to the task force for the Great Northern Transmission line, Josh confirmed that the county will receive a review letter.

Conditional Use Permits

Land and Water Planning Director, Josh Stromlund met with the board to discuss Emergency Conditional Use Permits and the concerns on how to expedite these permits when emergency situations such as flooding occur. The board requested that he look into this further.

RIP RAP

The board discussed the Rip Rap that private citizens are purchasing to protect their property with the flooding conditions and if they would get reimbursed for their expenses. Public Works Director Tim Erickson stated to document everything that is done on public right-a-way.

ANI ACQUISITION COMPANY

County Assessor, Mary Jo Otten met with the board to present a resolution approving the settlement agreement with ANI Acquisition Company on the assessed values of parcels of land within Lake of the Woods County.

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

RESOLUTION NO. 14-07-02

ANI ACQUISITION SETTLEMENT

WHEREAS, it is the duty of County officials to collect taxes that have been duly assessed against real and personal property; and

WHEREAS, the Board has been involved in a controversy with the ANIP Acquisition Company regarding assessed values of six separate parcels for the purposes of setting property taxes in 2012, 2013 and 2014; and

WHEREAS, the some of disputed parcels were sold by foreign corporation, Solvay Pharmaceuticals, Inc., to ANIP Acquisition Company, and provided a prime opportunity to benefit ANIP as well as the Lake of the Woods community and the city of Baudette; and

WHEREAS, the unique characteristics and remote location of the parcels, without similarly situated commercial properties previously sold within their vicinity making it difficult appropriately evaluate market trends; and

WHEREAS, both ANIP and Lake of the Woods County conducted independent appraisals, and the higher of the two provided values below the previously assessed values; and

WHEREAS, the Lake of the Woods County Board has the power to settle by compromise for less than the full amount of the claim for all claims in favor of the County on which no payment has been made or recovered; and

WHEREAS, the parties have agreed to accept the highest values identified in the appraisals as the agreed upon value for property tax purposes; and

WHEREAS, after weighing the prospective evidence and understanding the expense and risks of litigation, the Lake of the Woods County Board wishes to enter into a settlement agreement to resolve this matter:

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

The Lake of the Woods County Board hereby approves the settlement agreement which is attached to this resolution.
The Lake of the Woods County Board Chair, County Attorney, and other elected officials and employees of the County, are authorized to take such actions as may be necessary to fully perform this agreement.

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

Social Services

Claims

Social Service Director, Nancy Wendler met with the board requesting approval of claims as follows:

Motion

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

Commissioners’ Warrants $ 16,068.14

Commissioners’ Warrants $ 8,850.75

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

PUBLIC WORKS

Final Payment

Public Works Director, Tim Erickson, met with the board requesting approval for final payment for Lian Construction.

Motion

Motion was made by Commissioner Hanson to accept the Public Works Director’s Certificate of Final Contract Acceptance for S.A.P 039-604-007 and S.A.P. 039-598-065, Box Culverts installations, for Lian Construction in the amount of $10,082.60. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Solid Waste

Public Works Director, Tim Erickson met with the board to review Solid Waste Department equipment and projects.

Motion

Motion was made by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to trade in the Scarab Compost Turner in the amount of $10,000. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to authorize Public Works Director, Tim Erickson to put up for sealed bids the following equipment: Dorsy Dry Van Semi Trailer, 1989 Ford and 1986 Ford. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Solid Waste Projects

Motion was made by Commissioner Hanson to approve the following projects for the Solid Waste Department:

Move water pressure tank approximate cost of $1,000
Placement of new 500 gallon fuel tank on site
Exhaust fan needs to be rebuilt with a cost of $400 for parts; Electrical cost around $4,000 for the three projects
DC70 Dozer repair, cost around $13,000
Power unit for packer at the Angle needs replacing with associated cost of $6,000.

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

Mandatory Recycling Items

Solid Waste Update- handout on Mandatory Recycling items.

SAND BAG MACHINE

Public Works Director, Tim Erickson met with the board and informed the board that he looked into sandbag machines and it would cost $18,000 to purchase.

Motion

Motion was made by Commissioner Arnesen to authorize Public Works Director, Tim Erickson to purchase a sand bag machine in the amount of $18,000 from the unallocated account. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

TOWARD ZERO DEATH PRESENTATION

Captain Hanson, District II Engineer Lou Tasa, NW TZD Coordinator, Holly Kostrzewski and Public Works Director, Tim Erickson met with the board and updated them on the progress of the Towards Zero Death Initiative.

HUMAN RESOURCES

Commissioner Arnesen informed the board that the Personnel Committee did meet and recommends that Human Resource Directors job description to be graded at 12.

Motion

Motion was made by Commissioner Moorman to set Human Resources Director Job description at grade 12 as recommend by the Personal Committee. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

CORRESPONDENCE:

Hoffman, Dale, & Swenson
UM Extension- Flood Brochure
MN DNR- update on NWA Airport Lease with State

With no further business before the board, Chair Beckel called the meeting to recess at 12:26 p.m.

Attest: Approved: July 22, 2014

________________________ _________________________________

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

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Commissioner Proceedings

July 14, 2015