December, 2019

Commissioner Proceedings

December 17, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, December 17, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present, Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, Ed Arnesen and Buck Nordlof.  Also present were: County Auditor/Treasurer Lorene Hanson, County Attorney Jim Austad, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following additions: Stipends, State of Disaster Assistance to the Governor, and 2019 Emergency Operations Plan.

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims, Approval of Rural MN CEP Contract, Approval of Rainy River Recovery Contract.

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 $17,120.87, Commissioners Warrant’s $3,695.36, Commissioners Warrant’s $42,587.69, Commissioners Warrant’s $386.77.

Approval of Rural MN CEP Contract

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Contract for Purchase of Services with Rural MN CEP and for Commissioner Cody Hasbargen to sign the same.

Approval of Rainy River Recovery Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Purchase of Service Agreement with Rainy River Recovery and for Commissioner Cody Hasbargen to sign the same.

MIS

Social Services Scanning

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of additional scanning licenses for use in the Social Services Department.

AUDITOR/TREASURER

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

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $106,881.73, Road & Bridge $54,037.16, County Development $141,250, Joint Ditch $400, Solid Waste $19,720.94 and EDA $1,711.72.

WARRANTS FOR PUBLICATION

Warrants Approved On 12/17/2019 For Payment 12/20/2019

Vendor Name                                        Amount

American Solutions For Business                                  2,618.88

Cenex Co-Op Services, Inc.                                          9,512.72

Code 4 Services,Inc                                                       5,147.13

Compass Minerals America                                           7,653.78

Compudyne, Inc                                                           10,571.83

Counties Providing Technology                                      3,690.00

Freeberg & Grund, Inc                                                 18,880.00

Hoffman, Philipp & Knutson, PLLC                               14,720.00

Howard’s Oil Company                                                  3,469.32

Johnson Auto & Machine                                               2,497.95

Koochiching Co Treasurer                                             2,500.00

KRIS Engineering Inc                                                      8,305.32

Lake Area Construction Inc                                           9,700.00

Lakewood Health Center                                               2,286.25

LOW EDA                                                                   140,000.00

LOW Highway Dept                                                       2,395.42

Mar-Kit Landfill                                                               9,800.50

Marco Technologies LLC                                               2,011.62

Mn State Dept-Correction                                             23,161.84

R & Q Trucking, Inc                                                        2,575.00

Sjoberg’s Inc                                                                  2,668.00

Voyageurs Comtronics, Inc                                           7,934.00

Woody’s Service                                                            2,442.69

64 Payments less than 2000                                        29,459.30

         Final Total: 324,001.55

Further moved to authorize the payment of the following auditor warrants: November 27, 2019 for $477,169.80, December 4, 2019 for $185,678.19, December 4, 2019 for $112,839.64, December 10, 2019 for $11,171.96.

CHI LAKEWOOD PUBLIC HEALTH CONTRACT

Jeffry Stampohar, VP of Operations at CHI LakeWood Health, and Kay Schell, Public Health Manager at CHI LakeWood Health, reviewed the purchase of service agreement with the County Board.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve payment to CHI LakeWood Health in the amount of $14,925 to cover overages from the 2019 Purchase of Service Agreement.

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the 2020 Purchase of Service Agreement between Lake of the Woods County and CHI LakeWood Health to coordinate Community Health Services and for Commissioner Cody Hasbargen to sign the same.

RECESS

The meeting was called to recess at 9:47 a.m. and reconvened at 9:56 a.m. as follows.

LAND AND WATER PLANNING/SWCD

Zone Change Request for Scott Wold Property

Motion
Motion from 10/22/2019 made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof was brought forward and carried unanimously to recognize the grandfathering of the property, if it is put back to a conforming state and made whole.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the rezoning of the Scott Wold property to Rural Residential (R-2) and for Commissioner Cody Hasbargen to sign the same:  

Lake of the Woods County

Rezoning

Findings of Fact and Decision
Name of Applicant:Scott WoldDate:December 17, 2019
Location/Legal Description:Tract of land in the NEÂĽ of the SEÂĽ Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Special Protection (SP)Proposed:Rural Residential (R-2)
Parcel Number(s):19.21.13.020 and 19.21.13.021Application Number:19-01ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

__­_Yes            X No

CommentsComments
Comments:The Comprehensive Land Use Plan describes land available for expansion as lands most easily developed include all private ownership within one mile of an existing road that is not classified as wetland in the National Wetland Inventory, which this property is considered wetland as per the previous and revised National Wetland Inventory maps. Wetland criteria has been confirmed from onsite analysis.
 The Comprehensive Land Use Plan outlines policies to guide future land use and development. One of the policies is to undertake and/or support activities to protect environmentally sensitive areas within the county. This property does not have two sites for a standard septic system, is considered wetland, and is mostly comprised of land below 1064 (NAVD88). An additional policy encourages future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities. The Future Land Use Map identifies four categories:  rural development activity, agricultural use, forested use, and low impact use areas. The pertinent categories are explained below: Rural Development Activity – Existing and future development areas which are within one-half mile of currently developed lands, but excluding lands that are either in public ownership, classed as wetlands, or more than one mile from an existing road. Future developments may include industrial, commercial, tourism, residential or other uses as appropriate to the site characteristics and neighborhood character. Forested Land – Existing forested land, recently forested but cut-over land, excluding those lands that are identified as appropriate for low density rural activity expansion. Low Impact – Those lands that are in public ownership, classed as wetlands, or more than one mile from an existing public road. The Future Land Use Map is meant to be a guide for future development patterns and a guide for future land use policy and decision-making by Lake of the Woods County. The map represents an accurate reflection of the policies that have been enunciated in the previous narrative. In accordance with the Future Land Use Map:_____     the property would meet the category of Rural Development Activity__X_      the property would not meet the category of Rural Development Activity as it has been determined wetlands are present throughout this property. It more closely coincides with the forested or low impact use area due to the property not being appropriate for low density rural activity and wetlands have been determined to exist throughout the property.
 
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

 X Yes ___ No

CommentsComments
Comments:The surrounding land uses consist of undeveloped land to the east, south and a portion to the north of the property in question. There are two (2) 2.5-acre tracts of land to the north which have been developed.
  1. Will the zone change alter the characteristics of the neighborhood?

 X­ Yes ___ No

CommentsComments
Comments:It will change the characteristics of the neighborhood by allowing growth in an area
classified as wetland and doesn’t have two (2) sites for a standard septic system.
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

 X Yes ___No

CommentsComments
Comments:There will be minimal increased traffic generation with the establishment of a dwelling
and parking is proposed to be addressed onsite. However, additional parking availability and traffic generation is a concern with five (5) fish houses currently present on the property.
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

 X Yes ___No

CommentsComments
Comments:There are no additional public services required and the existing utilizes appear to be sufficient.
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

__­_ Yes           X No

CommentsComments
Comments:Due to the much of the adjacent property currently zoned as Special Protection, limited
uses are allowed in this zoning district. There is no known development and improvement scheduled for the surrounding property as much of the property is classified as wetland and in a Special Protection District.
  1. Has there been a change in the development in the general area of the property in question?

__­_Yes            X No

CommentsComments
Comments:Since much of the adjacent property is zoned as Special Protection, there has been no development occurring, as development is not allowed. The adjacent property to the north consists of two (2) 2.5-acre tracts of land zoned as Rural Residential in 2004, while the remaining portion of that property remained as Special Protection. The two (2) 2.5-acre tracts were deemed suitable for development due to finding two sites for standard septic systems. Dwellings were constructed on the 2.5-acre tracts in 2005 and 2006. The property to the east consists of recreational land which has not been developed.
 

8.   Will the zone change have a negative effect on property values in the neighborhood?

__­_Yes            X No

CommentsComments
Comments:It is believed there will be no change in property values.
 Conditions:  
  

Additional items of consideration:  Applicant applied for an after-the-fact variance to create a non-conforming lot with less than the required 100’ of frontage of Bostic Creek and without having two (2) sites for a standard septic system in an area zoned as Special Protection. This variance was denied by the Lake of the Woods County Board of Adjustment on February 6, 2019.

Also, the Lake of the Woods County Planning Commission recommended approval with the condition of, “Applicant must provide plans to meet state and county septic systems for two sites”, which is an unobtainable condition for this property as the entire property doesn’t contain adequate soils for placement of a standard septic system.

The Lake of the Woods County Board of Commissioners hereby:

DENIES / APPROVES the application for a zone change:

WITH / WITHOUT special conditions.

_____________________________________                                              December 17, 2019

                        Cody Hasbargen                                                                                  Date

Chair, County Board of Commissioners

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve that the Land and Water Planning Departments after-the-fact fees will apply to the Scott Wold Property.

NOTE

It was noted that Commissioner Jon Waibel left the meeting at 10:16 a.m.

HIGHWAY

Update

County Engineer, Anthony (A.J.) Pirkl, met with the board to provide an update on projects. 

  • CSAH 8 Bridge Replacement RFP will be sent out, the bridge is to be in place by 2021.
  • Bostic Creek project plans are almost done, meeting with one more land owner.
  • A.J. Pirkl passed the PE exam.

Landfill

  • Permit Update: MPCA did respond regarding the landfill with some concerns regarding ground water, moving forward slowly.
  • Solid Waste Committee Meeting on 12/18/2019 at 1:30 p.m. in the Commissioners’ Room.
  • Purchase of Grinder and Erosion Sock Machine:  If bought together there is a 2% savings.  New pricing will start mid-January.  Funding would be through US Bank, with monthly payments. The erosion sock machine cost is approximately $56,000 and would be beneficial to the life of the landfill. To be put on agenda for 12/27/2019 to make a purchasing decision.

Stipends
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve an additional $200 per month stipend for Ted Furbish retroactive to June 1st and an additional $600 per month stipend for Boyd Johnson retroactive to June 1st. Stipends will end on December 31, 2019.

SHERIFF

Overtime Policy

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve overtime and comp time at time and one half on total hours, not hours worked, over the full-time employees regular scheduled pay period (40 hours per week or 80 hours per pay period or 84 hours per pay period) for the Sheriff’s Department effective January 1, 2020.

Approval to Advertise and Hire PT Dispatch Jailer

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Sheriff’s Department to advertise and hire a part-time dispatch jailer at Grade 10, Step 1, Points 237 at $18.86 per hour.

I-Mobile State Patrol Contract

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the I-Mobile State Patrol Contract and for Commissioner Cody Hasbargen to sign the same.

EMERGENCY MANAGEMENT

Resolution for Match Funds for SHSP Grant Application

Resolution

The following resolution was offered by Commissioners Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously the following:

RESOLUTION of

MATCH FUNDS FOR 2019 SHSP GRANT APPLICATION

RESOLUTION NO. 19-12-01

WHEREAS, that the Lake of the Woods County Emergency Management enter into a grant agreement with the Homeland Security for the project entitled 2019 SHSP Grant in the amount of $19,814.  Requested allocation of 50% match fund is $9,907.

WHEREAS, the Emergency Management Director of Lake of the Woods County is hereby authorized to execute such agreements and amendments as necessary to implement the project on behalf of the Lake of the Woods County Emergency Management and to be the fiscal agent and the administrator of the grant.

  1. Estimates that the total cost of project shall be $ 19,814 and Lake of the Woods County Emergency Management is requesting $19,814 from the 2019 SHSP Grant. Lake of the Woods County Emergency Management will assume responsibility for a match requirement of $9,907.
  2. Estimate includes four Motorola APX6000 700/800 AES/DES-XL/DES-OFB encryption portable radios.

THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners approves the adoption of this resolution and to have Chair Cody Hasbargen and/or Auditor/Treasurer Lorene Hanson sign the grant on behalf of the County of Lake of the Woods.

Resolution for MN Department of Public Safety Emergency Management Grant Agreement

Resolution

The following resolution was offered by Commissioners Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously the following:

RESOLUTION FOR

MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION

2019 EMERGENCY MANAGEMENT GRANT AGREEMENT

RESOLUTION NO. 19-12-02

WHEREAS, the Lake of the Woods County Emergency Management; and

WHEREAS, grant dollars are available to offset operating expenses of the Lake of the Woods County Office of Emergency Management through the Emergency Management Performance Grant through the Minnesota Department of Public Safety Division of Homeland Security and Emergency Management; and

WHEREAS, this grant money is available to provide salary and benefits, the associated expenses related to Emergency Management training, and expenses with operating the Emergency Operations Center; and

WHEREAS, the Lake of the Woods County Emergency Management has successfully participated in this grant for several years in the past.

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Emergency Management enter into an agreement with the Minnesota Department of Public Safety Division of Homeland Security Emergency Management for the 2019 EMPG Grant Agreement for the period of January 1st, 2019 through December 31st, 2019.  County Board Chair Cody Hasbargen and/or County Auditor/Treasurer Lorene Hanson, are hereby authorized to execute such agreements and amendments thereto, as are necessary to implement the program(s).

State of Disaster Assistance to the Governor

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the letter to Governor Tim Walz requesting disaster assistance and for Commissioner Cody Hasbargen to sign the same.

2019 Emergency Operations Plan

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the 2019 Emergency Operations Plan for Lake of the Woods County and for Commissioner Cody Hasbargen to sign the same.

AUDITOR/TREASURER

Borderland Substance Abuse Court

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried, with Commissioner Cody Hasbargen abstaining, to approve the payment of the state invoice in the amount of $12,413.73 for the Borderland Substance Abuse Court from the related department. 

Liquor License

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve a Liquor License for ETJJP INC. DBA Cyrus Resort effective December 17, 2019.

Tobacco License

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve a Tobacco License for ETJJP INC. DBA Cyrus Resort effective December 17, 2019.

Resolution for Local Sales Tax

A resolution for local sales tax was presented for review, with no action taken.

2020 Organizational Meeting and 2020 County Commissioners Meeting Dates

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following 2020 County Board Meeting Dates:

2020 LAKE OF THE WOODS COUNTY BOARD MEETING DATES

January          

Tuesday, January 7 (Organizational Meeting)                  9:00 a.m. Government Center, Commissioners Room

Tuesday, January 14                                                      9:00 a.m. Government Center, Commissioners Room

Tuesday, January 28                                                      9:00 a.m. Government Center, Commissioners Room                                         

February

Tuesday, February 11                                                    9:00 a.m.  Government Center, Commissioners Room

Tuesday, February 25                                                    9:00 a.m.  Lake of the Woods School

March

Tuesday, March 10                                                        9:00 a.m. Government Center, Commissioners Room,

Tuesday, March 24                                                        9:00 a.m.  Government Center, Commissioners Room

April

Tuesday, April 14                                                          9:00 a.m.  Government Center, Commissioners Room

Tuesday, April 28                                                          9:00 a.m.  Government Center, Commissioners Room

May

Tuesday, May 12                                                           9:00 a.m. Government Center, Commissioners Room

Tuesday, May 26                                                           9:00 a.m.  Government Center, Commissioners Room

June

Tuesday, June 9                                                                        9:00 a.m. Government Center, Commissioners Room

Monday, June 15                                                           6:00 p.m. Board of Equalization

Tuesday, June 16                                                           10:00 a.m. NWA

Tuesday, June 23                                                           9:00 a.m.  Government Center, Commissioners Room

July

Tuesday, July 14                                                            9:00 a.m. Government Center, Commissioners Room

Tuesday, July 28                                                            9:00 a.m.  Government Center, Commissioners Room

August

Thursday, August 13                                                      9:00 a.m.  Government Center, Commissioners Room

Tuesday, August 25                                                       9:00 a.m.  Government Center, Commissioners Room

September

Tuesday, September 8                                                   9:00 a.m. Government Center, Commissioners Room

Tuesday, September 22                                                  9:00 a.m.  Government Center, Commissioners Room

October

Tuesday, October 13                                                     9:00 a.m.  Government Center, Commissioners Room

Tuesday, October 27                                                     9:00 a.m. Government Center, Commissioners Room

November

Tuesday, November 10                                                  9:00 a.m. Government Center, Commissioners Room

Tuesday, November 24                                                  9:00 a.m.  Government Center, Commissioners Room

December

Tuesday, December 15                                                  9:00 a.m.  Government Center, Commissioners Room

Tuesday, December 15                                                  6:00 p.m. TNT Meeting

Tuesday, December 29                                                 9:00 a.m.  Government Center, Commissioners Room

LAKE OF THE WOODS COUNTY COMMISSIONERS MAY BE ATTENDING THE FOLLOWING:

AMC JOINT LEGISLATIVE CONFERENCE: February 26-27 in St. Paul

AMC LEADERSHIP CONFERENCE: April 1-3 in Nisswa

AMC DISTRICT 2 MEETING: June 10 and October 28

AMC POLICY COMMITTEE: September 17-18 in Alexandria

AMC ANNUAL CONFERENCE: December 6-9 in Minneapolis

LAKE OF THE WOODS ECONOMIC DEVELOPMENT AUTHORITY MEETINGS

Lake of the Woods County Board of Commissioners will be attending these meetings on the 3rd Wednesday at 6:00 p.m. in the Commissioners Room at the Government Center.

Year End Motions/Resolutions

Commissioners Salary/Elected Department Heads Salary/Non-Elected Department Heads Salary/Union and Non-Union Employee Salary Adjustment

2020 Elected Officials & Non-Elected Department Heads Salaries

Motion was made by Commissioner Ed Arnesen to adopt the following County Commissioners salaries schedule and County Board Chair salary schedule for the year 2020; and to adopt a committee meeting per diem of $125.00 for the year 2020.  The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.

Elected Officials – Commissioners:

Commissioners                 $21,000.00                          

Board Chair                      $22,000.00          

Motion was made by Commissioner Joe Grund to adopt a Technology Fee of $50.00 per month for County Commissioners for the year 2020. (Technology fee reimbursement for county related phone, internet, computer and copy expenses.)  The motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Buck Nordlof seconded by Commissioner Joe Grund and unanimously carried to adopt the following Elected Officials salary schedule for the year 2020. 

Elected Officials – Department Heads:

County Sheriff                      $88,535.04

County Aud/Treas                $86,837.28

County Recorder                  $73,276.16

County Attorney                   $111,297.60

Motion was made by Commissioner Ed Arnesen to adopt the following Non-Elected Department Heads salary schedule for the year 2020.  The motion was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Assessor                              Mary Jo Otten            $83,651.36      

MIS Director                       Peder Hovland           $77,510.08

Public Works                      Anthony Pirkl             $90,777.76    

Land/Water                         Josh Stromlund           $83,399.84

Social Service                     Amy Ballard               $83,378.88     

Motion was made by Commissioner Buck Nordlof to adopt the following Non-Elected Department Heads salary schedule for the year 2020.  The motion was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried. 

Non-Elected – Department Heads:

Veterans Service              Rick Rone                        $25,141.51

Human Resources           Savanna Slick                   $30,119.52         

Salary Adjustment, as agreed upon per Union Contract

Motion- Highway Union

Motion was made by Commissioner Joe Grund to adjust all full time Highway Union employees’ salary by a 2% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2020.  Motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.

Salary Adjustment, as agreed upon per Union Contract

Motion- Solid Waste Union

Motion was made by Commissioner Joe Grund to adjust all full time Solid Waste Union employees’ salary by a 2% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2020.  Motion was seconded by Buck Nordlof and the same being put to a vote, was unanimously carried.

All County Employees (Full time/Permanent Part Time/Part Time/Seasonal Employees) Salary Adjustment (Excluding Elected and Non-Elected Department Heads)

Motion- Non-Union

Motion was made by Commissioner Joe Grund to adjust all non-union employees: full time, permanent part time, part time and seasonal (excluding elected and non-elected department heads) salaries by a 2% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2020.  Motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried.

Health Insurance

Motion- Insurance

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to set the 2020 county contribution for family health insurance up to $1,235 per month and single health insurance up to $885 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve that all PERA eligible Lake of the Woods County employees contribute one percent (1%) of their regular pay (no overtime) into their Health Care Savings Plan (HCSP); in addition, Lake of the Woods County, as employer, will contribute one percent (1%) of the employee’s regular pay (no overtime) to the same all PERA eligible Lake of the Woods County employees.

Set Joint Meeting Date with City of Baudette

The County will suggest the date of January 6, 2020 at 6 p.m. at the Ambulance Garage.

DITCH AUTHORITY

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the Ditch Authority meeting at 11:55 a.m.

County Auditor/Treasurer, Lorene Hanson discussed the ditch assessments with the board and a consensus was reached.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to close the Ditch Authority meeting and open the regular meeting at 12:09 p.m.

CORRESPONDENCE

The board reviewed correspondence from Friends Against Abuse.

Recess

The meeting was called to recess at 12:15 p.m. and reconvened at 2:30 p.m. as follows:

AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to add to the agenda: discussion of land purchase for law enforcement center.

Work Session

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to set a work session for the proposed law enforcement center at 8:00 a.m. prior to the regular board meeting on Friday, December 27, 2019.

Recess

The meeting was called to recess at 2:50 p.m. and reconvened at 6:00 p.m. as follows:

TRUTH IN TAXATION MEETING

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the Public Hearing for Truth In Taxation meeting at 6:00 p.m. Members present, Commissioners Jon Waibel, Ed Arnesen, and Buck Nordlof.  Others present, County Auditor/Treasurer, Lorene Hanson, County Assessor, Mary Jo Otten, and Public Works Director, Anthony Pirkl. Public present: Roy Sandstrom, Woody Fiala and Gloriann Fischer.

County Auditor/Treasurer, Lorene Hanson reviewed the 2020 Proposed County Levy at the Truth In Taxation Public Hearing.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the public hearing and open the regular meeting at 6:50 p.m.

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

Resolution Adopting

Certified 2020 Budget and Tax Levy

Resolution   2019-12-03

WHEREAS, the Proposed County Budget for the year 2020 has been reviewed by the Lake of the Woods County Board of Commissioners; and

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2020:

Revenue Fund                                                $ 1,684,365

Road & Bridge Fund                         $    449,580

Social Services Fund                                      $    603,935

Economic Development Authority Fund       $      60,000

2020 Proposed Budget and Tax Levy           $ 2,797,880   

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2020:

                        Twp Road & Bridge                                       $   463,470*

                        Twp Fire – Baudette                                       $     25,000

                        Twp Fire – Williams                                        $     28,213

                        Twp Fire – NW Angle                         $       6,500

                        Total                                                               $   523,183

2020    

* $463,470 for Township Road & Bridge includes $12,000 which is specifically levied to Northwest Angle residents for Calcium Chloride and $12,765 for Admin of Township Roads (438,705+12,765=451,470+12,000=463,470

A public meeting to discuss the 2020 Proposed Budget and Tax Levy was held on Tuesday, December 17, 2019, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room.

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

DISCUSSION OF LAND PURCHASE FOR LAW ENFORCEMENT CENTER

The County Board discussed purchasing land, 13 acres from Devlin Reasy for $295,000, for the new law enforcement center.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to offer $10,000 for an option to purchase parcel number 61.0211.040 from Devlin Reasy for $295,000 until 1/15/2020.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve payment of $10,000 to Devlin Reasy for the option to purchase parcel number 61.0211.040 for $295,000 until 1/15/2020.

AGENDA

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to add to the agenda: construction estimate for the proposed law enforcement center.

CONSTRUCTION ESTIMATE

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to request a second estimate at a cost of up to $9,500 for the construction of the proposed law enforcement center.

RECESS

With no further business before the board, Vice-Chairman Jon Waibel called the meeting to recess at 7:45 p.m.

Attest:                                                                                      December 17, 2019

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

November, 2019

Commissioner Proceedings

November 12, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 12, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present, Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, Ed Arnesen and Buck Nordlof.  Also present were: County Auditor/Treasurer Lorene Hanson, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Removal of #7 Construction Engineer/Contract Approval and #10 County Attorney/Tobacco 21 Ordinance and Event Planning Ordinance.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official and summarized minutes of October 22, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims, Child Support Agreement & Arrangement for CY 2020-21 and the Regional Fraud Prevention Investigation Program Agreement.

Claims
Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $14,092.57, Commissioners Warrant’s $2,989.24, Commissioners Warrant’s $11,238.78.

Child Support Agreement & Arrangement for CY 2020-21

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Child Support Agreement & Arrangement for CY 2020-21 and authorize Chairman Hasbargen to sign the same.

Regional Fraud Prevention Investigation Program Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Regional Fraud Prevention Investigation Program Agreement and authorize Chairman Hasbargen to sign the same.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, affidavit of lost warrant, AirMedCare Membership Agreement, FY 2020 Snowmobile Grant-In-Aid Program Agreement, Representation Letter to Hoffman, Philipp and Knutson, State Audit Invoice, proposed DNR Land Exchange, Approval of Disaster Abatement.

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $105,855.88, Road & Bridge $114,441.23, County Development $599.79, Solid Waste $52,913.71 and EDA $121.44.

Warrants Approved On 11/12/2019 For Payment 11/15/2019

WARRANTS FOR PUBLICATION

Vendor Name                                        Amount

Burg Electronic Recovery                                         17,901.00

Cdw Government, Inc                                                 3,012.57

Cenex Co-Op Services, Inc.                                     15,975.24

Cps Technology Solutions                                          8,577.97

Farmers Union Oil Co.                                                 2,715.03

Howard’s Oil Company                                               3,374.92

Interstate Engineering Inc                                         62,828.52

Mar-Kit Landfill                                                          16,594.25

Olson Construction BDT, LLC                                   37,850.00

Protection Systems, Inc                                            27,476.00

R & Q Trucking, Inc                                                     5,150.00

Traffic Marking Service, Inc.                                     28,531.06

Woody’s Service                                                        4,944.20

84 Payments less than $2,000                                  39,001.29

                   Final Total: 273,932.05

Further moved to authorize the payment of the following auditor warrants: October 23, 2019 for $430,431.91, October 30, 2019 for $425,194.15, November 6, 2019 for $97,566.12.

Lost Warrant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the application and affidavit for lost warrant for AmericInn of Grand Forks, dated August 30, 2019 for $87.30 without furnishing indemnifying bond.

AirMedCare Membership Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the AirMedCare Network Membership Agreement for medical necessity within Lake of the Woods County or Roseau County in the amount of $16,803.00 for 2020 from the revenue fund and authorize Chairman Hasbargen to sign the same.

FY 2020 Snowmobile Grant-In-Aid Program Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to enter into the FY 2020 Maintenance and Grooming Grants with the State of Minnesota, Department of Natural Resources for Snowmobile Grant-In-Aid Program for Big Traverse (LOW Drifters) and NW Angle Edgeriders in the amount of $176,677.11 and authorize County Auditor/Treasurer, Lorene Hanson and Chairman Hasbargen to sign the same.

Representation Letter to Hoffman, Philipp and Knutson

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the representation letter to Hoffman, Philipp and Knutson.

State Audit Invoice

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve payment for the audit of year 2015 at $73,013.59. Payment for the audit of year 2016 invoiced at $63,766.10 was not approved.  A letter will be sent along with the payment for audit year 2015 to explain the non-payment of audit year 2016.

Land Exchange

The board reviewed and had no concerns regarding a Land Exchange Proposal in Lake of the Woods County between the MN Department of Natural Resources and a private land owner.

Disaster Abatement

Reviewed application for local-option disaster abatements and credits received from Roger Porch.

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the application for local-option disaster abatements and credits for Roger Porch in the amount of $334.00.

CON CON FUNDS

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to make allocations to the below organizations from the Con Con funds, payable in 2020.

LAKE OF THE WOODS COUNTY

County Development

Year 2020

Baudette Arena Association                           $20,000

                                    Baudette Arena Association (New)                $40,000

Williams Arena Association                            $7,000

Baudette Chamber-Chamber Projects            $9,350
            Baudette Community Fdn: Grand Theater      $4,000

Economic Dev-Marketing/Operational           $10,000

Friends Against Abuse                                                $2,500

LOW Historical Society                                   $12,500

LOW Humane Society-Support                        $7,500

University of MN Extension                            $2,000

University of MN Extension-RRV Emg Lead   $300

Williams Senior Center                                   $4,000

Williams Public Library                                   $650

Joint Powers Natural Resources Board           $1,000

Keep it Clean                                                   $2,500

LOW Road & Gun Club                                   $2,000

LOW School Trap Team-Operational Exp       $2,000

LOW Senior Fishing (LOW Chapter)               $1,500

Rinke-Noonan-Retainer-Drainage                  $2,400

St. Louis County Aud-(NCLUCB)                      $2,000

Take A Kid Fishing                                           $1,000

Widseth Smith Nolting                                    $16,000

Auditing Fees                                                  $900

Beaver Control                                                $10,000

Drainage                                                         $10,000

                                                                        $171,100.00

ASSESSOR
County Assessor, Mary Jo Otten, and Human Resources Director, Savanna Slick, met with the board to review an Abatement Policy for Lake of the Woods County.

Abatement Policy

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Lake of the Woods County Abatement Policy effective 11/12/2019.

CONSTRUCTION ENGINEER-LAW ENFORCEMENT CENTER

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve Kraus-Anderson as the Construction Manager at Risk for the Lake of the Woods County Law Enforcement Center.

SHERIFF

Pine to Prairie Drug and Violent Crime Task Force Agreement

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the Joint Powers Agreement for the Pine to Prairie Drug and Violent Crime Task Force and authorize Chairman Hasbargen to sign the same.

Liaison for Humane Society

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve appointing Sheriff Gary Fish as the liaison for the Lake of the Woods Humane Society. 

HIGHWAY

County Engineer, Anthony (A.J.) Pirkl, met with the board to provide an update on projects.

County Road 80

Pirkl spoke with MNDOT regarding the drainage issues on County Road 80. A problem culvert was cleaned in that area and stop logs can be put in front of another culvert this spring to help get the water to start moving north.  The County will assess the road and the amount of sediment draining into Silver Creek this spring, create a plan and look into possible grant opportunities.

County Road 3 and 6

Signage:ITS is to remove the detour signs by Friday, if not removed the County will remove them.

Contracts: Did well on the contracts overall, the contract with Interstate Engineering Inc. went over on time due to weather conditions.

Update on Lighting of Intersections: There is a MNDOT lighting of intersections project coming up in 2024 or lighting can be looked at for installation in spring of 2020.  For safety, the board felt that the lighting should be done in the spring of 2020.

Aggregate Donation

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the acceptance of a donation of 14,000 cubic yards of aggregate to be placed on County property near the gun range.

Next Year’s Projects

The golf course has been surveyed.  Currently in discussion on the 1st Avenue project, looking at road surfacing material options and determining what would hold up best to the heavier delivery vehicles that frequent that road.

Landfill Update

There will be a Hazmat meeting on November 20, 2019 at 10:00 a.m. in the Commissioners’ Room.

Cell Phone for County Engineer

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a County owned smart phone for the County Engineer.

HOFFMAN, PHILIPP AND KNUTSON

Audit Exit Review

Colleen Hoffman, CPA, from Hoffman, Philipp and Knutson reviewed the YE 2018 audit with the County Board.  The audit was finished and submitted on time. The county currently has an A+ rating.

CORRESPONDENCE

The board reviewed correspondence from Freeberg & Grund Inc. and from the MN Department of Natural Resources Parks and Trails.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 12:10 p.m.

Attest:                                                                                      November 12, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

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

Commissioner Proceedings

November 26, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 26, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present, Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, Ed Arnesen and Buck Nordlof.  Also present were: County Auditor/Treasurer Lorene Hanson, County Attorney Jim Austad, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following additions: Concern regarding land sale and MN DNR Equipment Grant for Snowmobile Trail Groomer.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of November 12, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims and fee policy.

Claims
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $5,539.56, Commissioners Warrant’s $4,664.49, Commissioners Warrant’s $28,338.91.

Social Services Fee Policy

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Lake of the Woods County Social Services Fee Policy dated October 28, 2019.

WELLNESS

Members of the Employee Wellness Committee met with the board to provide an update on committee members and current initative with the Statewide Health Improvement Partnership (SHIP), which focuses on physical activity and tobacco prevention and control.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, resolution/designation of polling places, equipment grant for snowmobile trail grooming.

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $42,127.06, Road & Bridge $11,149.18, Joint Ditch $6,000, Solid Waste $23,176.08 and EDA $141,231.26.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/26/2019 For Payment 11/27/2019

Vendor Name                                        Amount

Counties Providing Technology                                  3,690.00

Greenview Landscaping, Inc                                     6,000.00

Hildi Inc                                                                        4,950.00

Lakewood Health Center                                          15,000.00

Liberty Tire Recycling, LLC                                         3,069.60

LOW County Auditor-Treasurer                             140,000.00

LOW Highway Dept                                                    8,345.20

Mn Dept Of Transp                                                     5,775.04

North East Technical Service,Inc                                4,270.10

Pb Distributing Inc                                                       2,660.75

Short Elliott Hendrickson, Inc                                      3,604.98

TOTALFUNDS                                                             3,000.00

42 Payments less than 2000                                      23,317.91

     Final Total: 223,683.58

Further moved to authorize the payment of the following auditor warrants: November 13, 2019 for ($225.00), November 13, 2019 for ($2,182.26), November 13, 2019 for $109,965.94, November 13, 2019 $557,562.20, November 20, 2019 for $446,190.38.

Resolution Establishing County Precincts and Polling Places

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

A RESOLUTION ESTABLISHING COUNTY PRECINCTS AND POLLING PLACES

RESOLUTION 19-11-01

WHEREAS, Minnesota Statutes, Section §204B16, Subdivision 1 requires that by December 31st of each year, the County must designate by resolution a polling place for each election precinct; and

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Board of Commissioners, State of Minnesota hereby establishes polling places of the following County precincts: Baudette City Hall – Precincts 1B and 2B; Lake of the Woods County Government Center – All Mail Precincts including: 1A, 2A, 2C, 3A, 3B, 3C, 3D, 3E, 4A, 4B, 4C, 5A, 5B, 5C and 5D. 

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

MN DNR Grant Agreement for Snowmobile Trail Groomer

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the Grant Agreement/Contract with the MN DNR for Project #0041-19-1C: New wetlands trail groomer and for Commissioner Hasbargen to sign the same.

MIS

Beacon Update

Eric Solo, GIS/IT Specialist, provided an update to the board on the Beacon website, which provides local government GIS for the web.  The site is live and open to the public, but not all layers of information are available without a subscription.  The County can subscribe and make all of the layers of information available to the public.  Susan Ney, County Recorder, suggested that the yearly subscription fee of $8,400 be paid from the Recorder’s Enhancement Fund.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve purchasing a three-year subscription (through 12/31/2022) to Beacon with yearly subscription fees of $8,400 from the Recorder’s Enhancement Fund.

Website

Working on a plan to meet website compliance guidelines and will request bids from vendors who have experience working with government websites.

Infrastructure/New Server

Support for Windows 7 is coming to an end on January 14, 2020. County computers will be upgraded to Windows 10.  Memory upgrades to be purchased in 2019 will cost $14,000. Additional funds will be needed in 2020 for a new server, the 2020 budget is $29,000 short.  The consensus of the County Board is to go ahead with these updates.  Commissioner Ed Arnesen would like to have a meeting with an expert/vendor regarding cloud computing.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of computer memory upgrades at the cost of $14,000 to be paid from the 2019 MIS Department Budget.

MCIT Cyber Security

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve an increase in the MCIT Cyber Security Coverage Limit to $250,000 effective November 26, 2019.

HIGHWAY

Freeberg and Grund, Inc. Contract for First Avenue NW

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the Contract with Freeberg and Grund, Inc. for the First Avenue NW project in Baudette and for Commissioner Hasbargen to sign the same.

Resolution to Transfer Excess Funds

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously:

RESOLUTION

TRANSFER OF EXCESS MUNICIPAL FUNDS TO REGULAR FUNDS

RESOLUTION NO. 19-11-02

WHEREAS, Minnesota Statute 162.08, Subd 4 (d), provides that accumulated balances in excess of two years of municipal account apportionments may be spent on projects located outside of municipalities under 5000 population when approved solely by resolution of the county board.

NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Transportation transfer $ 300,000.00 in excess of two years apportionment into the Regular Construction Account for Lake of the Woods County.

Update

County Engineer, Anthony (A.J.) Pirkl, met with the board to provide an update on projects. 

  • A community meeting will be set up to discuss the CSAH 31/Golf Course Project. 
  • Pirkl is working with NRCS on the Bostic/JD28 two-stage ditch design.  The project will require water to be diverted from JD28 to JD16 during construction.  JD16 and JD24 need cleaning. 
  • ITS came last Tuesday and picked up half of the road construction signs.  On Friday, the County picked up the remaining signs and sand bags, they did track their time/cost.

RECESS

The meeting was called to recess at 10:21 a.m. and reconvened at 10:30 a.m. as follows.

COUNTY ATTORNEY

T-21 Ordinance

County Attorney, Jim Austad, met with the board to request to initiate the process for a public hearing on the Tobacco 21 Ordinance. 

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve a public hearing on January 28, 2020 for the Tobacco 21 Ordinance.

Event Planning

County Attorney, Jim Austad, requested to postpone the event planning discussion so that the Emergency Management Coordinator could be available to participate.

ECONOMIC DEVELOPMENT AUTHORITY

Revolving Loan Fund Request

Lake of the Woods Economic Development Authority Director, Ryan Zemek, met with the board to request $140,000 for the revolving loan program, which was originally matched by USDA.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to recontribute $140,000 to the Lake of the Woods Economic Development Authority for the revolving loan program.

LAND AND WATER PLANNING/SWCD

Feedlot Program

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the MPCA Feedlot Program Delegation Agreement Work Plan and for Commissioner Hasbargen to sign the same.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to authorize Land and Water Planning Director, Josh Stromlund, to be the authorized representative for the MPCA Feedlot Program.

Lake of the Woods One Watershed One Plan Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously:

RESOLUTION TO ADOPT AND IMPLEMENT THE LAKE OF THE WOODS WATERSHED COMPREHENSIVE WATERSHED MANAGEMENT PLAN

RESOLUTION NO. 19-11-03

Whereas, the Lake of the Woods (county) has been notified by the Minnesota Board of Water and Soil Resources that the Lake of the Woods Watershed Comprehensive Watershed Management Plan has been approved according to Minnesota Statutes §103B.801 and Board Resolution #16-17:

Now; Therefore, Be it Resolved, the county hereby adopts and will begin implementation of the approved Comprehensive Watershed Management Plan for the area of the county identified within the Plan.

Be it Further Resolved after the adoption of the Plan, the county shall amend existing water and related land resources plans and official controls as necessary to conform them to the Comprehensive Watershed Management Plan.

Be it Further Resolved after the adoption of the Comprehensive Watershed Management Plan or amendments to the plan, Lake of the Woods County shall notify local units of government within the county. The local units of government are required to submit existing water and related land resources plans and official controls within 90 days to the county for review as per Minnesota Statutes, Section 103B.321.

Be it Further Resolved that within 180 days, the county shall review the submitted plans and official controls and identify any inconsistencies between the local plans and official controls and the Comprehensive Watershed Management Plan. The Lake of the Woods County shall specify applicable and necessary measures to bring the local plans and official controls into conformance with the Comprehensive Watershed Management Plan.

Be it Further Resolved if a local unit of government disagrees with any changes to its plan, the local unit has 60 days after receiving the county’s recommendations to appeal the recommendations to the Board of Water and Soil Resources.

Be it Further Resolved after receiving the recommendations of the county, or a resolution of an appeal, a local unit of government has 180 days to initiate revisions to its plan or official controls.  The new or revised plans and official controls must be submitted to the county for review and recommendations.

Proposed SSTS Rule Revisions

It was the consensus of the County Board for Land and Water Planning Director, Josh Stromlund, to send a letter to Rep. Dan Fabian to voice an opinion on the rule revision.

Zoning Ordinance Status Update

Land and Water Planning Director, Josh Stromlund, plans to work on the zoning ordinance in December and bring it forth for adoption before construction season.

Statewide LiDAR Coverage

Land and Water Planning Director, Josh Stromlund, received a request to be a funding partner for the Rainy River Block Project from the MN DNR and USGS. The project would include the areas of Lake of the Woods County to the Arrowhead Region and down to Carlton County. The consensus of the County Board was to not become a funding partner at this time.

LAND SALE CONCERN

A land owner had a concern about his property being on the upcoming tax forfeited land sale.  He inquired about the process to retain ownership and remove it from the sale.

Motion:

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to remove the land in question from the upcoming land sale on 12/4/2019 if the land owner is up-to-date on past-due and current taxes due on his properties by 12/3/2019.

CORRESPONDENCE

The board reviewed correspondence from the Williams Arena Association

RECESS

The meeting was called to recess at 11:40 a.m. and reconvened at 1:45 p.m. as follows.

WORK SESSION

Motion:

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to hold a Work Session regarding the proposed Law Enforcement Center on December 3, 2019 at 11:00 a.m. in the Commissioners’ Room.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 1:46 p.m.

Attest:                                                                                      November 26, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

October, 2019

Commissioner Proceedings

October 8, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 8, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, Buck Nordlof.  Commissioner Ed Arnesen joined the meeting at 9:30 a.m. Also, present were: County Auditor/Treasurer Lorene Hanson, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following changes: add Human Resources – Training Program and remove Con Con Funds.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official and summarized minutes of September 24, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims for approval. Ballard explained the claim for the Lake of the Woods Women of Today.  The Lake of the Woods Women of Today will be coordinating Santa Anonymous and the claim is for the Santa Anonymous funds.  The Santa Anonymous fund in Social Services can be closed.

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $12,297.28, Commissioners Warrant’s $3,166.88, Commissioners Warrant’s $9,179.08.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the closure of the Santa Anonymous fund in Social Services.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, OPEB Agreement, Health Insurance Rates, Motor Vehicle Credit Card/Point of Sale, Tobacco License and approval to appoint a member to the Extension Committee.

Claims  

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $168,950.18, Road & Bridge $82,462.72, County Development $15,915.86, Solid Waste $33,550.35 and EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/08/2019 For Payment 10/11/2019

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                       4,505.23

Counties Providing Technology                                  3,733.12

Four Mile Bay Hunting Club                                         4,000.00

Freeberg & Grund, Inc                                                7,590.00

Howard’s Oil Company                                               3,812.35

Interstate Engineering Inc                                         48,107.94

Johnson Auto & Machine                                            2,949.35

Klein McCarthy & Co, Ltd, Architects                     123,308.51

Koochiching County Sheriff                                      11,820.00

LOW Highway Dept                                                    5,668.54

Mar-Kit Landfill                                                          17,077.75

Northwest Community Action, Inc                            10,000.00

Northwest Tire Inc                                                      2,651.97

Nw Angle Edgeriders                                                 4,000.00

Powerplan                                                                  3,207.52

R & Q Trucking, Inc                                                     4,120.00

Rupp,Anderson,Squires,& Waldspurger,P.A.            2,600.00

Strata Corp, Inc                                                           4,215.80

Voyageurs Comtronics, Inc                                        2,640.00

Widseth Smith Nolting&Asst Inc                                  4,425.00

Woody’s Service                                                        2,551.61

79 Payments less than $2,000                                  27,938.98

                   Final Total: 300,923.67

Further moved to authorize the payment of the following auditor warrants: September 25, 2019 for $17,207.38, September 26, 2019 for $90.00, October 2, 2019 for $1,274,833.18, October 2, 2019 for $367,335.69.


OPEB Agreement

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval of an agreement for consulting services, dated 10/8/2019 by Hildi Inc. Actuaries and Consultants.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agreement dated 10/8/2019 for consulting services with Hildi Inc. Actuaries and Consultants for the fiscal years 2018 and 2019 for GASB 75 and GASB 16.

Health Insurance Rates

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval of health insurance for the year 2020.  Depending on the plan, health insurance rates will increase 4.2-6.6%.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to set the 2020 county contribution for family health insurance up to $1,235 per month and single health insurance up to $885 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.  

MV Credit Card Point of Sale

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval to contract with Elavon, which is the vendor recommended by the State of MN for the credit card processing of motor vehicle and driver licensing transactions.  It was also requested that $4,000 be added to the motor vehicle deputy registrar 075 account to allow for credit card processing time.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve contracting with Elavon, which is the vendor recommended by the State of MN, for motor vehicle and driver licensing credit card transactions.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the sum of $4,000 to be added to the motor vehicle deputy registrar 075 account to allow for credit card processing time.

Tobacco License

County Auditor/Treasurer, Lorene Hanson, presented a tobacco license application to sell cigarettes at retail for Dick’s Headshop in the City of Williams.   

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the tobacco license application to sell cigarettes at retail for Dick’s Headshop in the City of Williams.

Extension Committee

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval to appoint Jean Schotl to the Extension Committee.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the appointment of Jean Schotl to the Extension Committee.

Passports

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval for the County to continue to reimburse employees, who are required to go to the Northwest Angle for their jobs, for the cost of their Passport Cards.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve reimbursement to employees for Passport Cards, if they are required to travel to the Northwest Angle for their job.

Human resources

Training Program

Human Resources Director, Savanna Slick, met with the board to request approval to purchase an employee training program with Convene.  The training program includes 12 webinars and two in-person trainings at the cost of $999 for one year.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of an employee training program with Convene at the cost of $999 for one year.

HIGHWAY
County Engineer, Anthony (AJ) Pirkl, met with the board to provide an update on current projects.

Update

County Engineer, AJ Pirkl, updated the board on current projects.  Paving is complete on Co Rd 3 and Co Rd 6; shouldering should be finished on these roads today and striping will happen next week. Due to rain, Bur Oak Rd will not be paved until next year (Spring).  Paving for next year will include 1st Ave SW (by the Baudette Post Office). Pirkl did visit and evaluate the flooding issues at the Grove Property.   Pirkl plans to visit and evaluate a possible culvert issue on Co Rd 2 and will update the board again in two weeks.

Wheeler’s Point Sewer District

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve partial payment #10 to Wheeler’s Point Sewer District in the amount of $89,748.40.

JOINT DITCH MEETING

County Auditor/Treasurer, Lorene Hanson, informed the board that there will be a Joint Ditch Meeting with Roseau on October 24, 2019 to discuss Joint Ditches 22 & 62.  This meeting will be held at 6:00 p.m. at Rock Harbor Lodge.

SOLID WASTE

Solid Waste Director, Ted Furbish, shared information with the board on his visit to Rotochopper headquarters, located in St. Martin, MN.  Rotochopper Inc. manufactures recycling equipment, including a horizontal grinder. Furbish shared information about the cost, financing and trade-in options for purchasing a grinder.  The county board asked Furbish to review the information with the County Engineer and to get quotes from other manufacturers for comparison.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund, met with the board regarding conditional use permits and a zoning change request.

Conditional Use Permit for Edward and Donna Fish

Edward and Donna Fish are requesting a Conditional Use Permit as required by Section 401-B of the Lake of the Woods County Zoning Ordinance, to operatea commercial business consisting of a short-term vacation rental in a Residential District (R1). No comments were heard from the public. Land and Water Planning Director, Josh Stromlund, reviewed the Findings of Fact with the board and informed the board that the Planning Commission recommended approval with conditions. The specific conditions of approval are as follows: subject to local lodging tax and subject to Department of Health regulations.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Conditional Use Permit, with conditions as noted in the Findings of Fact, for Edward and Donna Fish to operatea commercial business consisting of a short-term vacation rental in a Residential District (R1):  

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Edward and Donna Fish                                                              Date:  October 8, 2019

Location/Legal Description:  Lot 24, Block 1, Luke Estates, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) – Parcel ID# 19.58.01.240.

Project Proposal:  A Conditional Use Permit, as required by Section 401-B 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 Residential District (R1).

  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?  Allow rental in resort 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? Existing county roads.

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

Why or why not? Resort and cabin area.

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? To be hooked up to Sanitary District.         

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? See #10.  

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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________   

17. 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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

18. 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?  Parking adequate on site.

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:  Subject to local lodging tax. Subject to Department of Health regulations.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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


Conditional Use Permit for Craig Haukaas

Craig Haukaas is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to cumulatively move more than fifty (50) cubic yards of material within the shoreland area of Wabanica Creek. Wabanica Creek is a tributary river segment.  Land and Water Planning Director, Josh Stromlund, reviewed the Findings of Fact with the board and informed the board that the Planning Commission recommended approval. No comments were heard from the public.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Conditional Use Permit for Craig Haukaas to cumulatively move more than fifty (50) cubic yards of material within the shoreland area of Wabanica Creek:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Craig Haukaas                                                                                  Date:  October 8, 2019

Location/Legal Description:  Lot 8, Block 1, Wabanica Woods Subdivision, Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) – Parcel ID# 24.62.01.080.

Project Proposal:  A Conditional Use Permit, as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to cumulatively move more than fifty (50) cubic yards of material within the shoreland area of Wabanica Creek.

  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?  Residential building.

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? Existing county road.

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

Why or why not? Residential.

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

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

Why or why not? Existing lot and road.

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

Why or why not? ______________________________________________________   

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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________   

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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________   

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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? _______________________________________________________

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  (  )

            October 8, 2019                                              _____________________________________

                     Date                                                                                Cody Hasbargen

                                                                                                        Chair, County Board

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


Zone Change Request for Scott Wold
At the request of Scott Wold, Land and Water Planning Director, Josh Stromlund, asked for this item to be postponed until the next board meeting.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve postponing the zone change request for Scott Wold until the next board meeting.

RECESS
The meeting was called to recess at 11:02 a.m. and reconvened at 11:21 a.m. as follows.

LOUIS TAYLOR

Louis Taylor met with the board and presented a proposal to build a structure on his property.  The county board requested that Taylor work with the Land and Water Planning Office on the variance and land use permit applications.

CORRESPONDENCE

The county board reviewed correspondence from Lake of the Woods Senior Boating.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 11:34 a.m.

Attest:                                                                                      October 8, 2019

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

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

Commissioner Proceedings

October 22, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 22, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present, Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, and Ed Arnesen.  Commissioner Buck Nordlof joined the meeting at 9:08 a.m. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

It was noted that the location and time of the joint ditches meeting scheduled for October 24th has changed, it will be held at the Nite Hawk at 5:30 p.m.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of October 8, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims and the MFIP Biennial Service Agreement for approval.

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $9,743.09, Commissioners Warrant’s $3,562.50, Commissioners Warrant’s $19,974.48.

MFIP Biennial Service Agreement

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the MFIP Biennial Service Agreement.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, employee cell phone stipend and forfeited land assessment, sale terms and resolution.

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $34,002.29, Road & Bridge $111,522.53, County Development $200.00, Solid Waste $1,326.45 and EDA $1,623.07.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/22/2019 For Payment 10/25/2019

Vendor Name                                        Amount

Bowman Construction Co. Inc                                  80,000.00             

Cenex Co-Op Services, Inc.                                       4,804.88

Compass Minerals America                                        5,006.57

Freeberg & Grund, Inc                                              12,400.00

Johnson Auto & Machine                                            3,263.27

Outdoors Again                                                          2,907.81

Royal Tire Inc                                                              5,110.50

Titan Energy Systems, Inc                                          2,783.88

TOTALFUNDS                                                             3,000.00

University Of Mn                                                         9,222.51

50 Payments less than 2000                                     20,174.92

                    Final Total: 148,674.34

Further moved to authorize the payment of the following auditor warrants: October 9, 2019 for $194,172.26 and October 16, 2019 for $32,690.22

Cell Phone Stipend

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a County Smart Phone stipend for Eric Solo, in the amount of sixty dollars ($60.00) per month.

Tax Forfeited Land Assessment

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following minimum sale bids for the tax forfeited land listing:

Parcel                                                           Pre & Post Forf.        Total Delinq.             Estimated          Minimum

Legal Description                                            Spec.Asmts             Amount Due           Market Value       Sale Bid      

17-0744-040  W½NWÂĽ of SEÂĽSEÂĽ               $489.00                 $3,114.20               $36,200               $3,200

Sec 7, Twp 162, Rg 34

19-2614-011  S½S½N½SEÂĽNEÂĽ                        $0                     $1,573.15               $10,000               $1,600

Sec 26, Twp 162, Rg 32

21-1233-030  Part of SWÂĽSWÂĽ                      $350.00                 $4,065.16               $15,600               $4,100

Sec 12, Twp 161, Rg 34

21-1312-040, 21-1312-041, and                        $658.00                $2,171.59                 $7,700               $2,000

21-1321-010  Part of NWÂĽNEÂĽ and

part of NEÂĽNWÂĽ Sec 13, Twp 161, Rg 34

22-1732-000  Part of NWÂĽSWÂĽ                      $684.47                 $4,679.97               $34,500               $5,000

Sec 17, Twp 161, Rg 33

23-2533-020  S½N½SWÂĽSWÂĽ                           $0                        $945.77               $12,800               $1,000

Sec 25, Twp 161, Rg 32

30-3111-000  NEÂĽNEÂĽ                                     $48.00                 $1,831.03               $22,800               $2,000

Sec 31, Twp 160, Rg 31

61-5054-060  Lots 6-9, Blk 54                               $0                          $25.74                    $100                    $50

Plat in Spooner

61-5501-090  Lot 9, Blk 1                                      $0                        $594.13                 $7,700                  $600

First Addition to East Beaudette

62-5301-010  Lot 1, Blk 1                                 $6,285.83              $9,451.25                 $4,700               $4,000

First Addition to Williams

62-5302-030  Lot 3 & S33’ Lot 2, Blk 2          $5,398.00               $9,005.72                 $9,000               $4,000

First Addition to Williams

62-5403-030  Lots 3 & 4, Blk 3                         $5,984.00            $10,876.89               $11,000               $4,000

Second Addition to Williams

62-5404-040  Lots 4-9, Blk 4                            $7,677.41            $13,620.16               $13,500               $4,000

Second Addition to Williams

(Legal descriptions are summarized. Full legal descriptions can be provided by the Auditor’s Office)

Tax Forfeited Land Terms for Sale
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the terms of sale for the tax forfeited land as follows:

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

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

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

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

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

Payment includes timber value and certified special assessments to county.

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

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

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

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

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

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

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

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

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

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

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

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

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

Tax Forfeited Land Sale Resolution

Motion

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously.

TAX FORFEITED LAND SALE

RESOLUTION NO. 19-10-01

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

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

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

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

BE IT FURTHER RESOLVED; that the sale of said Tax-Forfeited Land will be held in the Lake of the Woods County Commissioners Room, at 1:00 p.m., Tuesday, December 3, 2019, by the Lake of the Woods County Auditor/Treasurer; for not less than the basic sale price and that all sales shall be in full payment at the time of the sale.

HIGHWAY
County Engineer, Anthony (A.J.) Pirkl, met with the board to provide an update on current projects.

Update

County Engineer, A.J. Pirkl, updated the board on current projects.  A problem culvert on Co Rd 2 was cleaned.  Pirkl will be meeting with Ross Eberle from Interstate Engineering to finalize the Co Rd 3 and Co Rd 6 project.  Road construction signs on Co Rd 3 and Co Rd 6 will be removed soon.  Road signage options for Co Rd 3 and Co Rd 6 are still in discussion, as the project created a change in traffic flow.  Pirkl is looking into landfill grants and will be attending a webinar to learn more on November 6, 2019.   A response was sent to the MPCA, last Friday, regarding water testing results at the landfill. Pirkl will be talking with the MPCA to clarify those results. Aggregate rock stock piles are being surveyed and they are looking for a source in the southern part of the county.  Commissioner Arnesen asked if Pirkl could calculate the typical cost per mile to haul gravel.

TOURISM BUREAU

Lake of the Woods Tourism Bureau Director, Joe Henry, informed the board of the activities that the Tourism Bureau has been a part of this past year, including: Walleye Wars with Devils Lake, the Pay It Forward Veterans Fishing Trip, Sport Shows and the World Ploughing Competition. Commissioner Ed Arnesen mentioned the importance of tourism to our local economy. 

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund, met with the board regarding a zoning change request.


Zone Change Request for Scott Wold
Scott Wold met with the board regarding a zone change request for his property.  Wold and the board had a lengthy discussion about an illegal lot split, which made the property ineligible to be grandfathered in for the requested zone change. Land and Water Planning Director, Josh Stromlund, reviewed the Findings of Fact with the board.
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof to recognize the grandfathering of the property, if it is put back to a conforming state and made whole.  At the suggestion of Commissioner Hasbargen, Commissioner Arnesen agreed to postpone the motion and allow Wold time to speak to his attorney.  The zone change request will be brought back in front of the board at a later date.

LAKE OF THE WOODS HUMANE SOCIETY

Lake of the Woods Humane Society volunteers, Kim Benike, Cassie Maurer and Dale Holte, provided an update to the County Board.  Benike talked about the recent updates to the facility, which included the replacement of the dog and cat kennels.  Benike said they are seeing a significant rise in stray animals this year and are looking to bring a low-cost mobile spay and neuter clinic to the Baudette area.  When holding animals for law enforcement, Benike requested that a liaison be assigned from law enforcement along with a potential policy to help provide direction to the LOW Humane Society volunteer staff, who are caring for the animals.  It was the consensus of the county board to set a budget work session following the next regular board meeting to discuss this and other budget items and to have the LOW Humane Society submit a sample policy to the board for consideration.

CORRESPONDENCE

The county board reviewed correspondence from Northwest Minnesota Foundation.

CLOSED SESSION

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting and open the closed session at 1:51 p.m. Pursuant to Minnesota Statute 13D.05, subd 3(a).  Dylan Eason- Regular Six-Month Review of New Employee.  Members present: Commissioners: Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Attorney James Austad, Human Resources Director Savanna Slick, County Auditor/Treasurer Lorene Hanson and MIS/Maintenance Director Peder Hovland.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 2:20 p.m.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve an extension of 6-month probation for Dylan Eason.

EMPLOYEE RECOGNITION

HR Director, Savanna Slick, discussed annual Employee Recognition and it was the consensus to pay these expenses out of the Commissioners’ budget.

RECESS

Due to time constraints, the following agenda items were postponed: MIS-Beacon Update, Con Con Funds, and County Attorney-Tobacco 21 Ordinance and Event Planning Ordinance, Chairman Cody Hasbargen called the meeting to recess at 2:30 p.m.

Attest:                                                                                      October 22, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

September, 2019

Commissioner Proceedings

September 10, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 10, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Ed Arnesen and Cody Hasbargen. Absent: Commissioner Buck Nordlof. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad, Jaime Boretski-LaValla and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following additions: Resolution to adopt proposed 2020 Budget and Tax Levy, Building lease release for Northwest Community Action Head Start Program, Board of Water and Soil Resources Block Grant Agreement, credit card request for Solid Waste employee, SWCD health insurance and at the request of the property owner, remove petition for public access vacation.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of August 27, 2019.

Social Services

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

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $11,504.29, Commissioners Warrant’s $3,892.10, Commissioners Warrant’s $25,316.50.

Auditor/Treasurer

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims and lost warrants, a county issued credit card for Solid Waste employee, building lease release for the Northwest Community Action Head Start Program and Resolution to adopt proposed 2020 Budget and Tax Levy.

Claims  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel, and carried unanimously to approve the claims against the County as follows: Revenue $34,390.82, Road & Bridge $42,658.97, Joint Ditch $560.00, Solid Waste $25,543.19 and EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/10/2019 For Payment 9/13/2019

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                   2,997.63

Farmers Union Oil Co.                                             2,711.82

Freeberg & Grund, Inc                                            17,890.00

Hiner/Kirk                                                                8,830.00

Hometown Hardware                                             2,062.86

LOW Highway Dept                                                4,111.25

Mar-Kit Landfill                                                        14,799.50

Moren/Law Offices Of Patrick D                            3,375.00

Roger’s Two Way Radio, Inc                                  14,736.19

Woody’s Service                                                    4,249.49

51 Payments less than 2000                                   27,433.80

          Final Total: 103,197.54

Further moved to authorize the payment of the following auditor warrants: August 28, 2019 $477,204.13 and September 4, 2019 $60,546.09.

Lost Warrant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the application and affidavit for lost warrant for Valerie Basher, dated March 29, 2019 for $4.84 without furnishing indemnifying bond.

County Issued Credit Card

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request for a county issued credit card with a limit of $1,500 for Solid Waste employee, Ted Furbish.

Building Lease Release

Northwest Community Action Head Start Programs requested to conclude their lease for the rental space at County Government Center North, 106 2nd Street NE in Baudette on October 31, 2019.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request from Northwest Community Action Headstart Program to be released from their building lease at County Government Center North, 106 2nd Street NE in Baudette effective October 31, 2019.

Proposed 2020 Budget and Tax Levy Resolution

Motion

The following Resolution was proposed and moved for adoption by Commissioner Jon Waibel:

Resolution Adopting

Proposed 2020 Budget and Tax Levy

Resolution   2019-09-01

WHEREAS, the Proposed County Budget for the year 2020 has been reviewed by the Lake of the Woods County Board of Commissioners; and

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2020:

Revenue Fund                                                $ 1,684,365

Road & Bridge Fund                         $    449,580

Social Services Fund                                      $    603,935

Economic Development Authority Fund       $      60,000

2020 Proposed Budget and Tax Levy           $ 2,797,880   

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2020:

                        Twp Road & Bridge                                       $   463,470*

                        Twp Fire – Baudette                                       $     25,000

                        Twp Fire – Williams                                        $     28,213

                        Twp Fire – NW Angle                         $       6,500

                        Total                                                               $   523,183

2020    

* $463,470 for Township Road & Bridge includes $12,000 which is specifically levied to Northwest Angle residents for Calcium Chloride. (451,470+12,000=463,470) 

A public meeting to discuss the 2020 Proposed Budget and Tax Levy will be held on Tuesday, December 17, 2019, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room.

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

Human Resources

Human Resource Director, Savanna Slick, met with the board requesting step increases for the following Public Works employees: Bruce Erickson, Marti Carlson and Jane Larson.  It was also discussed that a work session is to be scheduled towards the end of the month for discussion on Public Works stipends and a step increase request for the emergency management position.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to authorize the following step increases effective the next full payroll 9/22/19: Bruce Erickson to Grade 11, Step 9 at $23.52; Marti Carlson to Grade 13, Step 12 at $27.85; Jane Larson to Grade 10 Step 6 at $20.98.

Voyageur Comtronics

Lee Hervey from Voyageur Comtronics gave an update on the television networks and channels available to Lake of the Woods County residents through the Williams and Baudette Translator sites.  Hervey provided information on installing UHF TV antenna systems and briefly discussed television technology currently in development called ATSC3. 

Lee discussed maintenance of the Williams and Baudette translator towers.  He has painting of the towers on his list for next summer and recommended that the county consider roof and facia replacement on the Williams and Baudette translator buildings to ensure the equipment is protected.

Lee discussed the sheriff’s paging tower located by County Government Center North in regards to intended plans for the new law enforcement center at that location.  He suggested to consult with the County Sheriff and City Fire Chief to fully understand how the tower is used for emergency communications.

A recent lightning storm caused damage to area TV equipment, a brief update on those items was also discussed.

DITCH AUTHORITY

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 9:52 a.m. and open the Ditch Authority.

Petition for Repair of a Drainage System

Interim Engineer Boyd Johnson gave an update regarding the Ditch 28 petition.  Johnson discussed the current plan for the surveyed area which includes: ditch cleaning, tree removal and increased culvert size.  Johnson confirmed that the project is on the list. The Ditch Authority asked for an update at the next County Board meeting on 9/24/19.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the Ditch Authority meeting at 10:15 a.m. and reconvene the regular meeting.

Highway

Interim Engineer Boyd Johnson met with the County Board to provide an update on current projects.

Update

Interim Engineer Boyd Johnson updated the County Board on the progress of the construction projects going on throughout the county.   Some of the paving projects were delayed due to weather, but paving on the school road is finishing up.  The paving for County Road 3 was discussed and is delayed due to some grading issues.

Wheeler’s Point Sewer District

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve partial payment #9 to Wheeler’s Point Sewer District in the amount of $94,919.48.

LAND AND WATER PLANNING

Block Grant Agreement

Land and Water Planning Director, Josh Stromlund, met with the board for approval of the FY 2020 and 2021 State of Minnesota Board of Water and Soil Resources Natural Resources Block Grant Agreement.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried to unanimously approve the FY 2020 and 2021 State of Minnesota Board of Water and Soil Resources Natural Resources Block Grant Agreement, for Chairman Cody Hasbargen to sign the FY 2020 and 2021 State of Minnesota Board of Water and Soil Resources Natural Resources Block Grant Agreement and to designate Land and Water Planning Director, Josh Stromlund, as the authorized representative for the grant.

Correspondence

Correspondence was acknowledged from:  North Star Electric

Arrowhead library

Jim Weikum, Executive Director of the Arrowhead Library System, gave an update on library services, including the mail-a-book service that was started in 1970.  Recently they have been focusing on electronic and digital services and are seeing a 20 percent increase in subscribers to their e-book and audio book service each year.  Jim noted that the current levy for the Library System will stay the same.  Through the Clean Water, Land and Legacy fund, they have been able to continue to bring art and musical events into local libraries as well. 

Jim mentioned that residents of the Northwest Angle looking to get a library card with the Arrowhead Library system can now get applications and cards at the libraries in Warroad and Roseau.  He provided the board with some of the marketing materials recently used in the area and said that their services are marketed to schools with back-to-school resource packets.  Commissioner Ed Arnesen requested to add to the County Board meeting on 9/24/19 a review of the Lake of the Woods County website, to see if information could be added regarding library services.

SWCD

County Geologic Atlas Program

Mike Hirst from SWCD brought representatives from the University of Minnesota’s Minnesota Geological Survey and the MN Department of Natural Resources to meet with the County Board regarding the County Geological Atlas program.  This program produces maps and databases that describe the geology and water and mineral resources of a county in forms useful for land use planning and resource management.  The program is currently planning future work and is interested in partnering with our area.  The process takes several years and requires no cash from the county, but does require that the county assist with data collection. To start the process the program requires a letter of intent from the county.  The County Board requested this be added to the next County Board meeting on 9/24/19.

SWCD Health Insurance

Land and Water Planning Director, Josh Stromlund and Mike Hirst from the SWCD met with the board regarding health insurance options for SWCD employees.  Prior to 2007, SWCD was on the county’s health insurance plan.  The SWCD is looking into health insurance options and would like to research if being on the county plan would again be a cost-effective choice for its employees. The board, by consensus, agreed it could be an option and asked the SWCD to keep them updated on their findings.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 12:05 p.m.

Attest:                                                                                      September 10, 2019

__________________________________                            _________________________________

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

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

Commissioner Proceedings

September 24, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 24, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Vice-Chairman 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, Ed Arnesen and Buck Nordlof. Absent: Commissioner Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following additions: Add Gary Grove property to the County Highway Update, resolution to declare emergency, and Bollig Inc. Engineering and Environmental to add task order needing action.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the official and summarized minutes of September 10, 2019.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $15,881.23, Commissioners Warrant’s $1,583.18, Commissioners Warrant’s $20,471.85.

BOLLIG INC. ENGINEERING AND ENVIRONMENTAL

Representatives from Bollig Inc. provided an Angle Inlet Airport feasibility and site selection update.  They visited the proposed sites from the previous study, which was completed in 2014.  Bollig representatives also met with local residents and looked at two new site options.  Bollig requested approval of Amended Task Order No. 1.  The amended task order includes services to be completed in one year such as; update the feasibility study and incorporate the two new potential airport development sites, conduct additional surveys as needed to support the recommendation of a specific site to the Airport Commission and MnDOT, and assist with the planning grant application. The fee requested is $60,000, which includes the previously approved $12,000; 95% is to be reimbursed to Lake of the Woods County upon acceptance of the planning grant from MnDOT Aeronautics. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve Task Order No. 1 – Amended with Bollig Inc. at the requested fee of $60,000 (95% is to be reimbursed to the County upon acceptance of the planning grant from MnDOT Aeronautics) and to have Vice-Chairman Jon Waibel sign the same.

NORTHWEST COMMUNITY ACTION

Tim Anacabe and Madeline Waage from Northwest Community Action presented information on the Little Brother/Little Sister Youth Intervention Program.  Madeline is the coordinator of the program in Lake of the Woods, Kittson and Roseau Counties.  The program is requesting a $20,000 donation to help fund services in the area for the next two years.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a $10,000 donation to the Little Brother/Little Sister program from county development funds.  The County Board requested that the program coordinator return in May to provide an update and comparison of cost for the program in the two other counties.

COUNTY WEBSITE

The County Board asked Peder Hovland, MIS Director, about adding a link to the Arrowhead Library System on the County’s website.  The link will be added to the “area links” page.

DITCH AUTHORITY

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 10:10 a.m. and open the Ditch Authority.

Update on Ditch 28 and 23

Boyd Johnson, Interim County Engineer, provided an update on Ditch 23.  The recent rain event caused water to overflow onto the road south of Williams off of Co Rd 60.  The survey of the area is about 75% complete.  It is too late in the year for construction.  The Ditch Authority will make a decision on the petition for Ditch 23 after the survey is completed, Johnson will communicate with the petitioner.

Johnson had nothing new to report on Ditch 28, but hopes to be able to start work on Co Rd 6 as weather permits.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the Ditch Authority meeting at 10:20 a.m. and reconvene the regular meeting.

HIGHWAY

Interim County Engineer, Boyd Johnson, met with the County Board to discuss the Grove property and provided an update on current projects.

Gary Grove Property

Gary Grove contacted the County Board regarding his property.  The property flooded years ago and at that time, a dike was built around the house.  With the recent rain, the property flooded again, making it necessary to revisit the property and look at remedy options. 

Update

Interim County Engineer, Boyd Johnson, mentioned that paving could be done as early as next week.  The rain has brought attention to a few problem areas, but a lot of things did work well.  There were some issues with a couple of culverts on Co Rd 65 and on Co Rd 8 north of the curves. One area to address is Co Rd 80, it is well surveyed and could be a future grant project to work on in partnership with the Soil and Water Conservation District.  The County Board requested an update on these items the end of October.


EMERGENCY MANAGEMENT

Declare State of Emergency

Emergency Manager, Jill Hasbargen-Olson, met with the County Board to discuss the option to Declare a State of Emergency due to the damages caused by the recent rain.  The State of MN has disaster relief funds if damages from an event total more than $7,645, the county would still be responsible for 25% of the total claim.   

Motion

The following Resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following:

RESOLUTION OF LAKE OF THE WOODS COUNTY

Declaring a State of Emergency

Resolution No 19-09-04

WHEREAS the flood event impacted the population of Lake of the Woods County and its cities; and

WHEREAS the flood event has caused a significant amount of public property damage; and

WHEREAS the Lake of the Woods County Department of Emergency Management requests the Lake of the Woods County Board of Commissioners to declare Lake of the Woods County in a STATE OF EMERGENCY for the rain event of 2019;

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners declares Lake of the Woods County in a State of Emergency for conditions resulting from the rain event of September 20th, 2019.

ADOPTED by the Lake of the Woods County Board of Commissioners this 24th day of September 2019.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund, met with the board regarding a letter of intent for the County Geologic Atlas Program.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve participation in the County Geologic Atlas Program and for Vice-Chairman Jon Waibel to sign the letter of intent from the University of Minnesota, Minnesota Geological Survey.

SHERIFF

County Sheriff, Gary Fish, met with the board regarding the 2020/2021 ATV Grant Agreement and for permission to advertise and hire part-time dispatch jailers.

2020/2021 ATV Grant Agreement

The 2020/2021 OHV/ATV Grant through the State of MN Department of Natural Resources provides up to $9,375 per fiscal year for OHV/ATV enforcement activities, equipment, labor, maintenance, training of local staff and holding ATV safety classes.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2020/2021 OHV/ATV Grant Agreement with the State of MN Department of Natural Resources, for Vice-Chairman Jon Waibel to sign the grant agreement and for Lake of the Woods County Sgt. Ben Duick to act as the grantee’s authorized representative.


Permission to advertise and hire part-time dispatch jailers

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to advertise and hire two part-time dispatch jailers at Grade 10, Step 1, Points 237 at $18.86 per hour.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, gambling permit, tobacco license, and operational enhancement grant program resolution.

Claims  

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund, and carried unanimously to approve the claims against the County as follows: Revenue $36,021.22, Road & Bridge $61,583.55, County Development $87,150.00, Solid Waste $6,523.20 and EDA $25,800.32.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/24/2019 For Payment 9/27/2019

Vendor Name                                        Amount

Baudette Area Arena Inc                                          20,000.00

Blue Steel Targets LLC                                               4,737.43

Cenex Co-Op Services, Inc.                                       9,321.72

Counties Providing Technology                                  3,690.00

Depot Preservation Alliance                                      6,000.00

Friends Against Abuse                                               2,500.00

Headwaters Regional Development Commiss          25,000.00

Hoffman, Philipp & Knutson, PLLC                              8,530.00

Howard’s Oil Company                                               2,871.61

John Deere Financial                                                  3,768.74

LOW Historical Society                                             12,500.00

LOW Humane Society                                                 7,500.00

LOW Rod & Gun Club                                                 2,000.00

LOW Soil & Water Cons. Dist.                                     2,500.00

Midway Ford Company                                             28,857.84

R & Q Trucking, Inc                                                     3,605.00

TOTALFUNDS                                                             2,000.00

Widseth Smith Nolting&Asst Inc                                12,123.37

Williams Arena Association                                        7,000.00

Williams Senior Citizens                                              4,000.00

Williams Youth Recreation Association                      8,000.00

Willie Walleye Fund                                                   10,000.00

60 Payments less than 2000:                                  30,572.58

Final Total: 217,078.29

Further moved to authorize the payment of the following auditor warrants: September 11, 2019 for $129,703.78, September 16, 2019 for $202,287.56, September 16, 2019 for ($404.05), September 18, 2019 for $753,669.22.

Gambling Permit

County Auditor/Treasurer, Lorene Hanson, presented a request for a lease for lawful gambling activity and premises permit for Lake of the Woods Drifters at Wheeler’s Point Resort.

Motion

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following:

RESOLUTION APPROVING A LEASE FOR

LAWFUL GAMBLING ACTIVITY AND PREMISES PERMIT APPLICATION

RESOLUTION NO. 19-09-02

WHEREAS; the Lake of the Woods Drifters has submitted a lease for lawful gambling activity and a premises permit application for Minnesota Lawful Gambling to be conducted at the following establishment, which is located in Lake of the Woods County:

Wheeler’s Point Resort, 2605 River Ln NW, Baudette, MN  56623

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said application for submission to the Minnesota Gambling Control Board.

Tobacco License

County Auditor/Treasurer, Lorene Hanson, presented a license application to sell cigarettes at retail at Dick’s Headshop in the City of Williams.  The board postponed a decision on the license until the next meeting, pending more information.


Operational Enhancement Grant Program Resolution

Motion

The following Resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following:

RESOLUTION OF LAKE OF THE WOODS COUNTY

Operational Enhancement Grant Program

Resolution No 19-09-03

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Statutes 197.608 and Minnesota Laws 2019 Chapter 10, Article 1, Section 37, Subdivision 2.  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County. 

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 24th day of September, 2019.

RECESS

With no further business before the board, Vice-Chairman Jon Waibel called the meeting to recess at 12:01 p.m.

Attest:                                                                                      September 24, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Vice-Chairman, Jon Waibel

August, 2019

Commissioner Proceedings

August 13, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 13, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following Additions:  Beacon update, Wheelers Point Sewer District, Louis Taylor, Giziibii, MN DNR, BWSR; and Remove:  Partial Vacation, Budget Session.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of July 9, 2019, with changes.

Social Services

Social Services Director Amy Ballard met with the board requesting approval for claims and approval of a contract for Children’s Therapeutic Services and Supports with Northland Counseling Center.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $23,756.34, Commissioners Warrant’s $3,393.32, Commissioners Warrant’s $7,764.12.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Purchase of Service Agreement with Northland Counseling Center to provide Children’s Therapeutic Services and Supports to eligible children and their families.

Auditor/Treasurer

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of Claims, Approval of Amendment for Voting Equipment Grant, NWCA –Lease Government Center North, Prairie Fire Children’s Theater, Flu Shots, Satisfaction of Repayment Agreement and Affidavit of Lost Warrant.

Claims  

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen, and carried unanimously to approve the claims against the County as follows: Revenue $145,675.43, Road & Bridge $110,000.86, Co Devlp $715.00, Solid Waste $34,597.19 and EDA $741.59.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/13/2019 For Payment 8/16/2019

Vendor Name                                        Amount

Bollig Inc                                                                      2,800.00

Cenex Co-Op Services, Inc.                                     10,570.62

Contech Engineered Solutions LLC                          30,385.40

Earthworks Contracting Inc                                        5,460.00

Fish/Kevin                                                                   9,300.00

Hanson Sales Inc                                                        2,014.36

Hasbargen Farms Inc                                                 3,450.00

Hasbargen Logging Inc                                               3,240.00

Howard’s Oil Company                                               7,691.71

Klein McCarthy & Co, Ltd, Architects                       81,415.92

Lavalla Sand & Gravel Inc                                        14,875.00

LOW Highway Dept                                                    6,494.58

LOW Soil & Water Cons. Dist.                                   28,720.00

Mar-Kit Landfill                                                          16,970.75

R & Q Trucking, Inc                                                     5,150.00

Strata Corp, Inc                                                         10,766.19

Swanston Equipment Corp                                         4,688.84

Titan Machinery – Roseau                                           2,027.07

Wikstrom Telephone Co.,Inc                                       2,247.66

Woody’s Service                                                        4,534.71

Ziegler, Inc                                                                  3,365.13

87 Payments less than 2000 35,562.13

Final Total: 291,730.07

Further moved to authorize the payment of the following auditor warrants:  July 30, 2019 — $32,173.98, August 1, 2019 – 70.00 and August 7, 2019 — $43,773.69.

Voting Equipment Amendment

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Voting Equipment Grant Agreement Amendment with the State of Minnesota extending the expiration date from August 31, 2019 to March 31, 2020.

NWCA-Lease

County Auditor-Treasurer Lorene Hanson reviewed the lease agreement with Northwest Community Action for office space at the Government Center North.  They had questioned the possibility of the board allowing them to term the lease before the end of the year.   It was the consensus of the County Board to allow an early termination of the lease with a written request from them.

Prairie Fire Children’s Theater

County Auditor-Treasurer Lorene Hanson presented a request from the Prairie Fire Children’s Theater Production for a contribution from the county.  The County Board reviewed their request and it was the consensus to have them come make a presentation to the board.

Flu Shots

County Auditor-Treasurer Lorene Hanson had received a call from Lakewood Nursing Service to see if the County Board was interested in having them come to the courthouse to give flu shots on Tuesday, October 8, 2019.  It was the consensus of the County Board to have this scheduled. This would be available for all county employees, if interested, to receive the flu shot on that day at the Government Center.

Rehabilitation Housing Satisfaction

The board discussed the pay off balance of James and Nancy Jewell for their rehabilitation housing loan. The Jewells will be selling their home and were short of meeting their 10 year requirement.  In following the terms of agreement, the Jewels are required to pay the prorated amount off in order to satisfy the outstanding lien against their property.

Motion

Motion was made by Commissioner Ed Arnesen seconded by Commissioner Buck Nordlof and carried unanimously to approve the pay off balance for James and Nancy Jewell of $5703 to release the lien and $46.00 to record the lien release.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to authorize Chairman Cody Hasbargen to sign the Satisfaction of Repayment Agreement releasing the mortgage with James and Nancy Jewell once payment is received.

Lost Warrant

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the application and affidavit for lost warrant for R & Q Trucking, Inc, dated May 17, 2019, in the amount of $4,120 without furnishing indemnifying bond.

LAND AND WATER PLANNING

Conditional Use Permit – Nels Holte

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Nels Holte to create a Commercial Planned Unit Development consisting of a 4-plex transient rental cabin. No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that this application was approved by them with the following conditions: 1) Meet Minnesota Department of Health requirements. 2) One single sided sign is allowed up to 4’ x 8’ (32 square feet).

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact for Nels Holte to create a Commercial Planned Unit Development consisting of a 4-plex transient rental cabin with the following conditions:

The specific conditions of approval are as follows:

  1. Meet Minnesota Department of Health requirements.
  2. One single sided sign is allowed up to 4’ x 8’ (32 square feet).

 Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Nels Holte                                                                      Date:  August 13, 2019

Location/Legal Description:  Lots 5 and 6, Block 6, Morris Point Estates, Section Twenty (20), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, parcel ID# 19.69.06.050, 19.69.06.060

Project Proposal:  A Conditional Use Permit, as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to create a Commercial Planned Unit Development consisting of a 4-plex transient rental cabin.

  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?  Property is zoned commercial and is identified as land most easily developed in accordance with the Lake of the Woods County Comprehensive Land Use Plan.

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

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

Why or why not?  The structure will be served by a private water supply which is required to be tested annually by the Minnesota Department of Health. The structure will be served by a new septic system in accordance with Minnesota Rule 7080.

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

Why or why not?  Proposed project will have a fully vegetated grasses buffer to reduce or eliminate any surface water sedimentation and/or nutrient loading from entering the existing ditch system.

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

Why or why not?  The proposed project will not adversely affect the site’s existing topography other than where the structure is to be located, the addition of fill for parking area, and the construction of mound septic system. There will be no drainage features affected. The vegetative cover will not be adversely affected other than the areas for the structure, parking area, and mound septic system.

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

Why or why not?  The site location is not within any floodplain and/or floodway.

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 (X)  NO (  )  N/A (  )

Why or why not?  See items 3 and 4 above.

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

Why or why not?  The property will utilize an existing approach off of 42nd Ave NW (County Road 20) to access the property.

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

Why or why not?  Property is zoned commercial and other commercial uses are within the general area.

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?  A new mound septic system is to be installed in accordance with Minnesota Rule Chapter 7080.        

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? A private well will serve the structure and a new mound septic system is to be installed in accordance with Minnesota Rule Chapter 7080.

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 (  )  NO (  )  N/A (X)

Why or why not?  None is required.

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? A 4 foot by 8 foot sign is proposed.

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 approach to serve property and parking will be addressed on this property.

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:

3. Meet Minnesota Department of Health requirements.

4. One single sided sign is allowed up to 4’ x 8’ (32 square feet).

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

Highway

Interim Engineer Boyd Johnson met with the County Board with the following: Update on the progress of projects, John Daly – Ditch, Wheeler’s Point Sewer District.

Update

Interim Engineer Boyd Johnson updated the County Board on the progress of the construction projects going on throughout the county.   He mentioned that the Judicial Ditch 26 cleaning was going good and it was the consensus of the County Board for them to continue with the cleaning there.

Wheeler’s Point Sewer District

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve partial payment #8 to Wheeler’s Point Sewer District in the amount of $104,195.05.

John Daly-Ditch

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a 50% Cost Share Ditching Project with John Daly, total project cost of $15,830.

Beacon Update

GIS Specialist Eric Solo gave an update to the County on the new interactive mapping site, Beacon.  He mentioned that this should be going live soon.

Correspondence

Correspondence was acknowledged from:  NWA Airport – Option, Giziibii request for financial support, MN DNR update on tax forfeited land sale, Board of Soil & Water Resources approval of LOW Comprehensive Local Water Management Plan Extension.

Recess

The meeting was called to recess at 10:10 a.m. and reconvened at 10:15 a.m. as follows:

City of Baudette

Chamber Building

City Public Works Director Roger Schotl met with the County Board to discuss the water/sewer service project for the Chamber Building. He was estimating a total cost of $3,000 and wondering if the County would consider splitting the cost with the City of Baudette.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to split the cost (50/50) with the City of Baudette, for the Water/Sewer Service project for the Chamber of Commerce with an estimate total cost of $3,000.

1st Ave Project

City Public Works Director Roger Schotl discussed the 1st Ave Project with the County Board and wanted to know if the County was still planning on working together on this project for next year.  It was the consensus of the County Board to continue as planned and to continue with updates.

Louis Taylor Property

Louis Taylor met with the County Board to discuss his property on the Graceton Beach Road.  No board action was taken.

CLOSED SESSION- LITIGATION

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting and open the closed session at 11:00 a.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor-Treasurer Lorene Hanson, County Attorney James Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting at 12:05 p.m.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 12:05 p.m.

Attest:                                                                                      August 27, 2019

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

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

Commissioner Proceedings

August 27, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 27, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following additions:  Satisfaction of Mortgage and Satisfaction of Repayment Agreement, Deputy Sheriff FT Conditions and Correspondence from Braun Intertec.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official and summarized minutes of August 13, 2019.

Approval of Minutes

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of August 14, 2019, Budget Meeting.

Approval of Minutes

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the official and summarized minutes of August 15, 2019, Budget Meeting.

Social Services

Social Services Director Amy Ballard met with the board requesting approval for claims and approval of out of state travel.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $5,055.04, Commissioners Warrant’s $2,990.95, Commissioners Warrant’s $22,273.45.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve out of state travel for Social Services Director Amy Ballard to Seattle, WA, October 16-18, 2019 for a Juvenile Detention Alternative Initiative Conference, with all expenses paid by the Annie E Casey Foundation.

Auditor/Treasurer

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of Claims and Satisfaction of Repayment Agreement.

Claims  

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen, and carried unanimously to approve the claims against the County as follows: Revenue $59,863.01, Road & Bridge $88,313.71, Co Devlp $1,800.00, Joint Ditch  $19,355.95, Solid Waste $6,481.48 and EDA $804.77.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/27/2019 For Payment 8/30/2019

Vendor Name                            Amount

Braun Intertec Corporation                      4,477.50

Counties Providing Technology               3,690.00

Earthworks Contracting Inc                    6,060.00

Fish/Kevin                                                9,810.00

Freeberg & Grund, Inc                           19,740.00

Government Management Group, Inc      3,600.00

Hasbargen Logging Inc                            6,000.00

Interstate Engineering Inc                      34,685.61

LOW Highway Dept                                 6,467.50

NetCenter Technologies                        16,294.00

RUDYSTYX, LLC                                   27,885.00

Uline                                                          3210.83

Voyageurs Communications, Inc           15,714.00

43 Payments less than 2000 18,984.48

Final Total: 176,618.92

Further moved to authorize the payment of the following auditor warrants:  August 14, 2019 — $224,627.04, August 20, 2019 – $21,123.80.

Rehabilitation Housing Satisfaction

Motion

Motion was made by Commissioner Jon Waibel seconded by Commissioner Joe Grund and carried unanimously to approve County Board Chair Cody Hasbargen to sign the Satisfaction of Mortgage and the Satisfaction of Repayment Agreement for the Rental Rehabilitation Loan Program for Brock Stebakken.

Human Resources

Human Resources Director met with the board requesting approval to hire Anthony (AJ) Pirkl as County Highway Engineer effective September 30, 2019.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund, and carried unanimously to approve and hire Anthony (AJ) Pirkl as County Engineer, effective September 30, 2019 at Grade 24, Step 1, Points 610 at $41.50 per hour.

Highway

Interim Engineer Boyd Johnson met with the County Board with the following: Update on the progress of projects and Fence at NWA Parking – Kirk Hiner.

Update

Interim Engineer Boyd Johnson updated the County Board on the progress of the construction projects going on throughout the county.   He also updated for Ross Eberle, Interstate Engineering on the projects.  He mentioned some of the paving projects were delayed a little due to weather.

NWA Parking Fence-Kirk Hiner

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve amending the initial Kirk Hiner temporary easement for parking at the NWA in the amount of $7,830 by $1,000 for a total of $8,830. 

DITCH AUTHORITY

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 9:30 a.m. and open Ditch Authority.

Petition for Repair of a Drainage System

County Auditor-Treasurer Lorene Hanson presented a petition for repair of a drainage system to the Ditch Authority from John Rooney, Myhre Township, T161, R34, Sec 25, Judicial Ditch 23.  The Drainage Authority reviewed the petition and directed Interim County Engineer Boyd Johnson to examine and survey the drainage system to determine the extent of the repair required, including determination of the original grade or depth of the ditch.  Upon completion of the survey, the Interim County Engineer is to make a written report of his findings to the drainage authority. 

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the Ditch Authority meeting at 10:50 a.m. and reconvene the regular meeting.

LAND AND WATER PLANNING

Conditional Use Permit – Jamie Gowdy

Land and Water Planning Director, Josh Stromlund met with the County Board and presented a request to withdraw the application for a Conditional Use Permit from Jamie Gowdy.  (This request for a Conditional Use Permit had been presented to the County Board originally on June 11, 2019 and was to be brought back to the board for further clarification.)

County Sheriff

County Sheriff Gary Fish met with the County Board for:  Resignation letter, Motion to hire full time, Motion to hire part time, Sheriff fee schedule and Sheriff full time deputy conditions.

Resignation Letter

County Sheriff Gary Fish informed the County Board he had received a resignation from Deputy Sheriff Joe Morisch effective September 2, 2019.

Motion to Hire Full Time

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve hiring Craig Severs as full time Deputy Sheriff-Investigator effective September 3, 2019, Grade 13, Step 7, Points 288 at $25.31 per hour.

Motion to Hire Part Time

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve hiring Derrik Johnston and Nathan Walbaum, both as part time Deputy Sheriffs effective September 2019, Grade 12, Step 1, Points 282 at $21.07 per hour.

Resolution-Motion

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

County Board PERA Resolution

Resolution   2019-08-01

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

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

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

  1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;
  2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;
  3. Said position charges this employee with the prevention and detection of crime;
  4. Said position gives this employee the full power of arrest, and
  5. Said position is assigned to a designated police or sheriff’s department.

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

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

Resolution-Motion

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

County Board PERA Resolution

Resolution   2019-08-02

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

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

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

  1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;
  2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;
  3. Said position charges this employee with the prevention and detection of crime;
  4. Said position gives this employee the full power of arrest, and
  5. Said position is assigned to a designated police or sheriff’s department.

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

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

Sheriff Fee Schedule

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve an increase of the Sheriff’s Serving fee for Rush Service within 24 hours, from $45 flat fee plus mileage to $65 flat fee plus mileage, effective August 27, 2019.

Sheriff-Full Time Deputy Conditions

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve removing the contingency of being full time at forty (40) hours per week as long as a Deputy Sheriff serves on the Task Force (Board action February 9, 2016) and making this a regular full time forty (40) hours per week position without the previously attached contingency, for Deputy Sheriff Russell Platz effective August 27, 2019.

Recess

The meeting was called to recess at 10:15 a.m. and reconvened at 10:25 a.m. as follows:

Legislative Update

Representative Matt Grossell and Senator Paul Utke met with the County Board and gave an update of the Legislative Session this year.  The County Board asked for assistance in presenting a request for approval of Local Sales Tax to the Legislature next year. They also asked for assistance with the permitting for the expansion of the Lake of the Woods County Landfill.

Correspondence

Correspondence was acknowledged from:  Braun Interech.

Closed Session-Litigation

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 11:54 a.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor-Treasurer Lorene Hanson and County Attorney James Austad.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting at 12:10 p.m.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 12:10 p.m.

Attest:                                                                                      September 10, 2019

__________________________________                            _________________________________

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

July, 2019

Commissioner Proceedings

July 1, 2019

The Lake of the Woods County Board of Commissioners met in special session on Monday, July 1, 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 8:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad, Human Resource Director Savanna Slick and Woody Fiala.

Approval of Agenda

Motion

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

Public Works/County Engineer

Chair Cody Hasbargen noted that the proposed engineering contact was unable to attend the meeting until 10:00 a.m., therefore asked the attendees if there were any questions.  Discussion was had regarding the Engineer position and construction and maintenance projects.

RECESS

The meeting was called to recess at 8:20 a.m. and reconvened as follows at 9:40 a.m. with Commissioner Ed Arnesen also in attendance.

Public Works Cont

Commissioners Jon Waibel and Ed Arnesen, and Interim Assistant Engineer Boyd Johnson gave an update on the applicants for the Engineering projects and that Ross Eberle from Interstate Engineering, Inc. would be attending the meeting at 10:00 a.m. to review a proposed contract with the County for Construction and Plant Engineering to help in the interim of the recruiting process for a County Engineer.  They further discussed an additional contract for a Maintenance Engineer.

Amend Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to amend the agenda to add the Clementson Park and purchase of picnic tables.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of 4 picnic tables for the Clementson Park at the price of approximately $670 per table with the funding as follows:  $900 received in contributions by the Baudette Rotary and the remainder up to $2,000 from the County Park account.

Public Works Cont.

Construction Project Engineer/Plant Engineer

Ross Eberle, Senior Project Engineer – Interstate Engineering attended the meeting and reviewed a proposed contract for Construction Project Engineer and Plant Engineer with Lake of the Woods County in the interim of finding a County Engineer.    District Engineer Lou Tasa reviewed the contract and explained what the state would be requiring.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Nordlof and carried unanimously, pending approval of the County Attorney and the State Engineer; to approve the Agreement for Engineering Services with Interstate Engineering, Inc., Ross Eberle, for the Construction Project Engineer/Plant Engineer in the interim of finding a County Engineer.

Maintenance Project Engineer 

District Engineer, Lou Tasa discussed with the County Board the state requirements for the Maintenance Project Engineer.  A Committee meeting of Commissioners: Ed Arnesen and Jon Waibel, Attorney James Austad, Interim County Engineer Boyd Johnson and Human Resources Savanna Slick was going meet with Brian Grund, Freeburg and Grund Engineering.   

RECESS

The meeting was called to recess at 10:30 a.m. and reconvened at 10:35 a.m. as follows:

CLOSED SESSION- LITIGATION

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 10:36 a.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor /Treasurer, Lorene Hanson, County Attorney, James Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 11:00 a.m.

Public Works Cont.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to have Chair Cody Hasbargen to sign a separation agreement with Public Works Director, Tim Erickson.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 11:05 a.m.

Attest:                                                                                      July 9, 2019

__________________________________                            _________________________________

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

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

Commissioner Proceedings

July 9, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 9, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following Additions:  Census.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 25, 2019, with changes.

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official and summarized minutes of June 20/25, 2019, BOE.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of July 1, 2019.

Social Services

Social Services Director, Amy Ballard met with the board requesting approval for claims and approval of Fraud Prevention/Investigation Plan.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $13,469.38, Commissioners Warrant’s $2,176.76, Commissioners Warrant’s $16,361.65.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Fraud Prevention Investigation Plan Application for Lake of the Woods County and to have Commissioner Chair Cody Hasbargen and Social Services Director Amy Ballard sign the same.

Auditor/Treasurer

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

Claims  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund, and carried unanimously to approve the claims against the County as follows: Revenue $27,372.04, Road & Bridge $165,265.15, County Development $17,892.58, Solid Waste $24,257.66 and EDA $798.70.

WARRANTS FOR PUBLICATION

Warrants Approved On 7/09/2019 For Payment 7/12/2019

Vendor Name Amount

Frontier Precision Inc                                                   33,439.54

Howard’s Oil Company                                                  2,002.63

Johnson Construction                                                    4,615.33

LaValla Sand & Gravel Inc                                        114,575.00

Liberty Tire Recycling, LLC                                            6,817.50

LOW School District–390                                            10,000.00

M-R Sign Co, Inc                                                             2,112.58

Mar-Kit Landfill                                                             15,135.00

NOVA Fire Protection, Inc                                             2,418.95

Strata Corp, Inc                                                             2,486.75

Voyageurs Comtronics, Inc                                          2,640.00

Widseth Smith Nolting&Asst Inc                                   11,299.98

Woody’s Service                                                           4,673.40

54 Payments less than 2000  $ 23,369.47

Final Total:    $ 235,586.13

Further moved to authorize the payment of the following auditor warrants:  June 28, 2019 – $22,101.59 and July 3, 2019 – $165,472.26.

Budget Discussion

County Auditor-Treasurer, Lorene Hanson discussed with the County Board the 2020 budget process.  The Board set the following dates for budget review:  August 8 and 9, 2019 at 8:00 a.m. and August 13, 2019 at 1:00 p.m. following the regular county board meeting.

IT Dept

GIS Specialist, Eric Solo met with the County Board to give an update on the Counties Providing Technology (CPT) quotes for accessing the County’s tax data and Census request.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund, and carried unanimously to approve the CPT quotes for the LOW Web Access for Tax and Values of $120.00 per month/$1,440/year, and to have IT Director, Pete Hovland sign the same.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Jon Waibel, and carried unanimously to approve assisting with the CENSUS by sharing the existing address point data.

Attorney

Event Ordinance

County Attorney, Jim Austad met with the County Board to discuss the Event Ordinance.  He reviewed the process of 1) Committee meetings, 2) Notice of Public Hearing (10 day notice), 3) Public Hearing, 4) Planning Commission and 4) Resolution to approve.  Jim would be setting a date for the ordinance committee to be meeting soon.

Land & Water Planning

County Land & Water Planning Director, Josh Stromlund met with the County to discuss:  Drainage Committee, Consideration for Conditional Use Permit, LOW One Watershed/One Plan.

Drainage Committee

County Land & Water Planning Director, Josh Stromlund reviewed with the County Board the members on the drainage committee and the purpose of the committee.  The members included Commissioners: Ed Arnesen and Joe Grund, Interim Engineer Boyd Johnson, Land & Water Planning Director Josh Stromlund, Dennis Johnson (District 3), Vern Horntvedt (District 4), Byron Tviet (District 5) and a SWCD Representative. The committee was set up not only for public drainage systems, outlets, ditches, but also includes the guidance of the maintenance levels of county roads and ditches – mowing, graveling, ditch maintenance etc.   Josh was going to contact the members and set up a meeting in the near future.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to add Bill Rivard, District 2 to the Drainage Committee.

Consideration of Conditional Use Permit – Jamie Gowdy

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Jamie Gowdy to operate short-term vacation rentals on each lot in a Residential District (R-1).   Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the condition the covenants are changed to allow this project.   This was addressed at the June 11, 2019 County Board meeting and the Board had requested to have Jamie Gowdy be present for further questions.  Applicant Jamie Gowdy was now present and after considerable discussion, the County Board gave Mr. Gowdy additional time to resolve questions presented by the Board. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to move the request to the August 27, 2019 board meeting, allowing Mr. Gowdy additional time to address the questions proposed by the Board.

LOW One Watershed/One Plan

County Land & Water Planning Director, Josh Stromlund and LOW Soil & Water Resource Technician Mike Hirst reviewed with the County Board the Lake of the Woods One Watershed/One Plan Executive Summary. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the LOW One Watershed/One Plan Executive Summary and approve submitting to the Board of Water and Soil Resources for approval.

Recess

The meeting was called to recess at 10:47a.m. and reconvened at 10:55 a.m. as follows:

Public Works Dept

Interim Engineer Boyd Johnson met with the County Board with updates on the Maintenance Project Engineer, NWA Road, Interstate Engineering and Applicants.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel to approve the agreement with Freeberg & Grund, Brian Grund for Maintenance Project Engineer contingent County Attorney approval and insurance amendment, effective July 6, 2019.   Motion carried as follows:  For:  Commissioners Ed Arnesen, Buck Nordlof, Cody Hasbargen, Jon Waibel; Abstain:  Joe Grund.

NWA Road

Interim Engineer Boyd Johnson updated the County Board on the maintenance on the State Aid Road at the NWA.    Boyd was going to contact Interstate Engineering regarding amending their agreement to include this project.

Engineer Applicants

Interim Engineer Boyd Johnson updated the County Board on the applications received for the Engineer position and interviews were set.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 11:25 a.m.

Attest:                                                                                      July 23, 2019

__________________________________                            _________________________________

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

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

Commissioner Proceedings

July 23, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 23, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following Additions:  Calcium Chloride, Freeberg & Grund Amendment and NWA Park.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of July 9, 2019.

Social Services

Social Services Fiscal Officer, Christine Hultman met with the board requesting approval for claims.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $5,685.61, Commissioners Warrant’s $2,658.15, Commissioners Warrant’s $46,363.90.

Auditor/Treasurer

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of Claims, Budgets, Tax Forfeited Land Classifications, Clementson Park and Calcium Chloride.

Claims  

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $68,025.31, Road & Bridge $159,229.70, Co Devlp $200.00, Joint Ditch $3,017.50, Solid Waste $26,792.09 and EDA $3,080.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 7/23/2019 for Payment 7/26/2019

Vendor Name                                        Amount

Arrowhead Library System                                   33,118.00

Cenex Co-Op Services, Inc.                                  10,570.76

Chapman/Mark                                                         3,080.00

Counties Providing Technology                             13,650.00

Envirotech Services Inc                                       100,674.54

Evergreen Implement Company                             12,100.00

Farmers Union Oil Co.                                              3,234.43

Fort Distributors Ltd                                               31,652.00

John Deere Financial                                               3,793.40

Liberty Tire Recycling, LLC                                      2,666.40

LOW Highway Dept                                                 9,010.00

North East Technical Service,Inc                             3,043.50

R & Q Trucking, Inc                                                  5,294.79

Swanston Equipment Corp                                      3,074.52

TOTALFUNDS                                                          2,000.00

Zuercher Technologies, LLC                                   2,190.00

47 Payments less than2000 21,192.26

Final Total: 260,344.60

Further moved to authorize the payment of the following auditor warrants:  July 10, 2019 – $7,124.54, July 11, 2019 – $189,421.57; July 17, 2019 – $16,444.39.

Calcium Chloride

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Calcium Chloride invoice from the County Highway for the County State Aid Highway 19 in the amount of $6,494.58 out of the County Parks account.

Budget Dates

Budget dates were discussed and due to scheduling conflicts, it was the consensus to change the original dates scheduled for August 8th and 9th to the dates of August 14th and 15th

Tax Forfeited Land Classifications

Resolution

The following resolution was offered by Commissioners Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously the following:

TAX FORFEITED LAND SALE

RESOLUTION NO. 19-07-01

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

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

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby certify that the parcels of land listed below, 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.  (Parcels:  17-0744-040, 19-2614-011, 21-1233-030, 21-1312-040, 21-1312-041, 21-1321-010, 22-1732-000, 23-2533-020, 30-3111-000)

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.

County Park Funding

Resolution

The following resolution was offered by Commissioners Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously the following:

RESOLUTION AUTHORIZING COUNTY PARK FUNDING

RESOLUTION NO. 19-07-02

WHEREAS:  Minnesota Statutes 282.08 allows for a County Board to annually set aside up to 20% of the receipts from the sale of rental of county administered tax-forfeited land or from the sale of any products therefrom, after the payment of all allowable expenses, to be used for the acquisition and maintenance of county parks, as defined in Minnesota Statutes 398.31, Et. Seq.

THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby authorizes and directs the County  Auditor/Treasurer to appropriate 20% of the allowable receipts of the forfeited tax fund of Lake of the Woods County for 2019 to be used for acquisition and maintenance of County Parks.

Clementson Park

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to pay for the additional charges of $585.81 on the picnic tables for the Clementson Park from the County Park account.  Original motion approved on July 1, 2019 was to approve up to $2,000 from the County Park account.

LAND AND WATER PLANNING

Conditional Use Permit – Thomas & Erin Olson

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Thomas and Erin Olson to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2).  No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:

  1. The Conditional Use Permit expires on sale or transfer of the property.
  2. Meet Minnesota Department of Health requirements.
  3. Lodging tax for Lake of the Woods County must be paid.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact for Thomas and Erin Olson to operate a commercial business consisting of transient short-term rental of an existing structure in a Rural Residential District (R2) as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Thomas and Erin Olson                                                              Date:  July 23, 2019

Location/Legal Description:  A tract of land in Government Lot 3, Section Thirty (30), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West, Parcel ID# 16.30.32.020.

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? Resort area.

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

            YES ( x )  NO (  )  N/A (  )

Why or why not? Upgrade of system (septic).

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? To use existing roads and driveway.

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

Why or why not? Residential and agriculture.

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? New system to be designed.

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? To be designed for project.           

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 (   )  NO (  )  N/A ( x )

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? No greater than 4’ x 8’.

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? On site.

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:

  1. The Conditional Use Permit expires on sale or transfer of the property.
  2. Meet Minnesota Department of Health requirements.
  3. Lodging tax for Lake of the Woods County must be paid.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

LAND AND WATER PLANNING

Conditional Use Permit – Elizabeth Carlson

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Elizabeth Carlson to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District. No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:

  1. Meet Minnesota Department of Health requirements.
  2. Meet Minnesota Department of Natural Resources requirements.
  3. Minimum site size of at least 3,000 square feet

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact for Elizabeth Carlson to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Elizabeth Carlson                                                                Date:  July 23, 2019

Location/Legal Description:  The North 620 feet of the NEÂĽ of the NEÂĽ of Section Thirty (30), Township One Hundred Sixty-eight (168) North, Range Thirty-four (34) West, Parcel ID# 02.30.11.000.

Project Proposal:  A Conditional Use Permit, as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District.

  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?  Commercial area.

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

            YES ( x )  NO (  )  N/A (  )

Why or why not?  Meet Minnesota Department of Health standards.

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

Why or why not? No change.

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

Why or why not?  Will not.

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

Why or why not? May or may not be in the floodplain.

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 ( x )  NO (  )  N/A (  )

Why or why not? No change.

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

Why or why not?  Use existing road.

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

Why or why not?  Same usage.

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

                                                                                                                                    YES ( x )  NO (  )  N/A (  )

Why or why not?  Resort area.

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?  New system to be installed.

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

Why or why not? No change.

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

                                                                                                                                      YES ( x )  NO (  )  N/A (  )

Why or why not?  New system to be designed and installed. 

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 ( x )  NO (  )  N/A (  )

Why or why not?  Working with Department of Natural Resources for additional spaces for docking.

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 (  )  NO ( x )  N/A (  )

Why or why not?  ________________________________________________________________      

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 (  )  NO (  )  N/A ( x )

Why or why not? _________________________________________________________________

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?  On site.

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:  Meet Minnesota Department of Health requirements. Meet Minnesota Department of Natural Resources requirements. Minimum site size of at least 3,000 square feet.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

LAND AND WATER PLANNING

Conditional Use Permit – Gregg Hennum

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Gregg Hennum to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District.  No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:

The specific conditions of approval are as follows:

  1. An eight (8) foot high fence extending to the ground on the east, south, and west sides of the property.
  2. Approved to current density standards.
  3. Must meet Minnesota Department of Health regulations.
  4. Must meet at least 3,000 square foot lot size.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for Gregg Hennum to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District, as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Gregg Hennum                                                                   Date:  July 23, 2019

Location/Legal Description:  A tract of land in Government Lot 1, Section Twenty-five (25), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Parcel ID# 19.25.21.010.

Project Proposal:  A Conditional Use Permit, as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to operate a commercial planned unit development consisting of a recreational vehicle camping park located in a Commercial Recreation Zoning District.

  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?  Growth corridor.

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

            YES ( x )  NO (  )  N/A (  )

Why or why not?  To meet Minnesota Department of Health standards.

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 ( x )  NO (  )  N/A (  )

Why or why not?  Will 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?  Access off Bur Oak Road.

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

Why or why not?  Resort area.

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?  Designed into project.

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?  New well, septic or sanitary sewer district.           

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?  Natural on the North side and 8’ fence on 3 other sides.

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? In application a 3’ x 5’ with lights

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?  On site.

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:

  1. An eight (8) foot high fence extending to the ground on the east, south, and west sides of the property.
  2. Approved to current density standards.
  3. Must meet Minnesota Department of Health regulations.
  4. Must meet at least 3,000 square foot lot size.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

Recess

The meeting was called to recess at 10:00 a.m. and reconvened at 10:05 a.m. as follows:

Highway

Interim Engineer Boyd Johnson met with the County Board to: Update on the progress of projects, Ross Eberle – Amendment to Interstate Agreement, Amendment to Freeberg & Grund agreement and Credit Cards for 3 employees.

Update

Interim Engineer Boyd Johnson and Construction Project Engineer Ross Eberle updated the County Board on the progress of the construction projects going on throughout the county.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Amendment to Interstate Engineering Services for SAP 39-649-003 CSAH 49 Aggregate Surfacing Project; and SAP 39-603-24 and SAP 39-606-18 CSAH 3 & 6 Milling, Full Depth Reclamation, & Bituminous Surfacing.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Amendment to Freeberg & Grund, Inc for Bur Oak Reconstruction.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve a county issued credit card to Boyd Johnson with a limit of $1,500.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve a county issued credit card to Jane Larson with a limit of $1,500.

Motion

Motion was made by Commissioner Buck Nordlof seconded by Commissioner Joe Grund and carried unanimously to approve a county issued credit card to Robert Peterson with a limit of $1,500.

NWA Northerly Park

Joe Laurin of the NWA Edgeriders met with the County Board to give an update on the NWA Northerly Park.  The park application would have to be revised due to wetland impacts.  Mr. Laurin was looking for assistance in completing the application and it was the consensus to ask for a proposal from Whitt Environmental Services.   Further discussion was had regarding culverts to be installed to enable Terracon to get in for soil boring samples.  Mr. Laurin would report back to the board when he had further updates.

AMEND AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to add to the agenda the following:   District Engineer, Lou Tasa for an update and to add a Closed Session pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.) 

District Engineer, Lou Tasa

District Engineer, Lou Tasa attended the meeting via phone conference.  The County Board had questions regarding applicants for the County Engineer position.  A committee of Commissioners Ed Arnesen and Cody Hasbargen, Human Resource Director Savanna Slick and County Attorney James Austad were going to meet to discuss the applicants and an offer for the position.

CLOSED SESSION- LITIGATION

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 11:25 a.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor-Treasurer Lorene Hanson, County Attorney James Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 11:50 a.m.

Recess

The meeting was called to recess at 11:50 a.m. and reconvened at 2:00 p.m. as follows:

AMEND AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to add to the agenda the approval of Agreement with Braun Intertec for Geotechnical Services and Widseth, Smith, Nolting for Surveying both for the proposed Law Enforcement Center.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Agreement with Braun Intertec Corporation for providing geotechnical services for the proposed Law Enforcement Center.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Agreement with Widseth Smith Nolting & Associates for surveying services for the proposed Law Enforcement Center.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 2:05 p.m.

Attest:                                                                                      August 13, 2019

__________________________________                            _________________________________

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

June, 2019


Commissioner Proceedings

June 3, 2019

The Lake of the Woods County Board of Commissioners met in Emergency meeting on Monday, June 3, 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 6:08 p.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Ed Arnesen, Buck Nordlof, Jon Waibel and Joe Grund. Also present were: County Auditor/Treasurer, Lorene Hanson, County Attorney James Austad and Human Resources Director Savanna Slick.

Approval of Agenda

Motion

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

CLOSED SESSION- LITIGATION

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the closed session at 6:09 p.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor /Treasurer, Lorene Hanson, County Attorney, James Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 9:08 p.m.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 9:10 p.m.

Attest:                                                                          June 11, 2019

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

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

Commissioner Proceedings

June 11, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 11, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following Additions:  Resolution – Family Homeless Prevention, Correspondence – MN DNR; and Deletions:   District Engineer Lou Tasa.

Approval of Minutes

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of May 28, 2019.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 3, 2019.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $10,920.20, Commissioners Warrant’s $2,631.82, Commissioners Warrant’s $16,683.52.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims and Resolution of Family Homeless Prevention and Assistance.

Claims  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $54,537.95, Road & Bridge $166,600.21, County Development $1,450.00, Natural Enhancement $35.84, Solid Waste $18,597.08, EDA $305.81.

WARRANTS FOR PUBLICATION

Warrants Approved On 6/11/2019 For Payment 6/14/201

Vendor Name                                        Amount

Counties Providing Technology                                      3,570.00

DLT Solutions, LLC                                                         2,989.00

Evergreen Implement Company                                    13,890.00

Freeberg & Grund, Inc                                                 22,550.00

Mar-Kit Landfill                                                             15,063.50

Mid-State Insulation Inc                                                39,050.00

Nutrien Ag Solutions Inc                                               22,456.38

Ranger GM                                                                   31,989.00

Royal Tire Inc                                                                 3,467.00

Widseth Smith Nolting&Asst Inc                                     2,752.50

Woody’s Service                                                            2,557.02

Ziegler, Inc                                                                   53,193.17

61 Payments less than 2000 27,999.32

Final Total: 241,526.89

Further moved to authorize the payment of the following auditor warrants:  May 31, 2019 – $1,153,044.94; June 5, 2019 – $95,468.31; June 6, 2019 – $343.75.

Lost Warrant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the application and affidavit for lost warrant for Law Offices of Patrick D Moren, dated April 24, 2019 for $877.10 without furnishing indemnifying bond.

Resolution

Family Homelessness Prevention and Assistance

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

RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA HOUSING AND FINANCE AGENCY

FAMILY HOMELESS PREVENTION AND ASSISTANCE PROGRAM

RESOLUTION 2019-06-01

 WHEREAS:  the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide funds for Family Homeless Prevention & Assistance Projects; and

WHEREAS:  the need for homeless prevention and assistance exists in Lake of the Woods County and;

WHEREAS:  Tri-Valley Opportunity Council, Inc. desires to administer the Minnesota Housing Finance Agency’s Family Homeless Prevention and Assistance Program in Lake of the Woods County in accordance with all applicable State and Federal regulations; and

NOW, THEREFORE BE IT RESOLVED:  That Tri-Valley Opportunity Council, Inc. is hereby authorized as an entity to:  Submit a proposal to the Minnesota Housing Finance Agency for funds from the Family Homeless Prevention and Assistance Program to assist people in Lake of the Woods County; and Administer the Family Homeless Prevention and Assistance Program in Lake of the Woods County according to the program guidelines, contingent upon funding being granted.

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

LAKEWOOD PUBLIC HEALTH – T-21 

CHI Public Health Nurse, Jodi Johnson met with the County Board and gave a presentation on T-21.  She explained their initiative is to raise the age to purchase tobacco products from 18 to 21.  She noted this would not change the age of who could actually use the product, just the age of purchasing.    Lake of the Woods County sets the Tobacco Ordinance for the entire County and she is hopeful the County will consider reviewing the Ordinance and make changes to include T-21. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to open up the Tobacco Ordinance, (per Minnesota Statute 461.12) for review and consideration of T-21.

RECESS

The meeting was called to recess at 10:00 a.m. to drive to the site of the Cartway in Wheeler Township, and reconvened at 10:30 as follows:

CARTWAY-PUBLIC HEARING

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 10:30 a.m. and open the Public Hearing for the Cartway-Public Hearing. (Pursuant to MN Statute 164.08 to establish a Cartway.)

The following were present at the site:  Commissioners:  Ed Arnesen, Cody Hasbargen, Buck Nordlof, Joe Grund and Jon Waibel.  Other County Employees were:  County Auditor/Treasurer Lorene Hanson, County Surveyor Chad Conner, Land & Water Planning Director Josh Stromlund, and Assistant Engineer Boyd Johnson.  In addition attending the Public Hearing were:  Woody Fiala, Attorney Jeff Naglosky, Attorney Brian Varland, Patty Beckel, Tony Beckel, Carl Olson, Andrea Olson, Jill Martinson and Jared Martinson.

The County Board viewed the site and options available.  The County Board recessed from the viewing at 11:15 a.m. and reconvened the Public Hearing at 11:40 a.m. at the Government Center in the Commissioners Room as follows:

Attorney Jeff Naglosky representing Lake of the Woods County, explained the procedures of Establishing a Cartway.  A petition was received from Petitioners:  Jared and Jill Martinson (PID 19-2133-010) and Andrea M Olson (PID 19-2113-011), for a Cartway to Access Landlocked Property.  Attorney Jeff Naglosky acknowledged that the property is at least 5 acres and is landlocked.  Attorney Jeff Naglosky asked Attorney Brian Varland, representing the Petitioners, for the Affidavit of mailing for the affected land owners.  Attorney Brian Varland presented the affidavit of service and return of service, proof of postings as required.

Attorney Jeff Naglosky stated that the Petition seeks to establish a Cartway pursuant to Minnesota Statute 164.08.  The description of the proposed Cartway is:

Part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian, Lake of the Wood County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 (with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32.

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

Through that part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian,  Lake of the Woods County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 ( with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32, as shown in the road marked in red in the attached aerial photo map attached as Exhibit C.

The County Board reviewed the Cartway request and heard comments from parties involved.  Damages were discussed and a verbal request for making this Cartway a Private Cartway instead of a Public Cartway.  With further research required as to damages and written requests for the Private Cartway needed, the County Board decided to continue this Public Hearing on June 25, 2019 County Board meeting at 11:00 a.m. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the Public Hearing at 12:30 pm and reconvene the regular county board meeting.

Motion

Motion was made by Commissioner Jon Waibel and seconded by Commissioner Buck Nordlof to establish a Cartway for Petitioners Jared A Martinson and Jill Martinson and Andrea M. Olson.  The motion was up for discussion and it was the consensus of the County Board to table the motion until the next regular board meeting, June 25, 2019 at 11:00 a.m. pending award of damages and status of the Cartway.

RECESS

The meeting was called to recess at 12:45 p.m. and reconvened at 12:55 p.m. as follows:

LAW ENFORCEMENT COMMITTEE

The Law Enforcement Committee with the County Board and gave an update on the progress of the proposed new law enforcement building.

MCIT-

MCIT Risk Management Consultant Don Daraskevich met with the County Board to provide an update of the County’s Insurance with MCIT. 

LAND AND WATER PLANNING

Conditional Use Permit – Vic and Jeri Beckel

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Vic and Jeri Beckel to operate a fish house storage park consisting of fifteen (15) fish houses in a Rural-Residential District (R-2).  No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:

The specific conditions of approval are as follows:

  1. A visual barrier must be established and maintained on three (3) sides (North, South and West) of the storage area with a live vegetative barrier not less than five (5) feet high and spaced no further apart than eight (8) feet. The vegetative barrier is to be established, at a minimum, in a double row and staggered to provide maximum visual screening. Establishment of said vegetative barrier is to be conducted no later than December 31, 2019.
  2. Storage area is to be located on the Easterly four-hundred (400) feet of the described property.
  3. Storage area is for said fish houses on the property.
  4. No more than fifteen (15) rental fish houses on the property.
  5. No client vehicles are to be parked on said property.
  6. Damage caused by business activities, and/or general maintenance of the private road, shall be the responsibility of the landowner.
  7. No occupation is allowed of said fish houses on site.
  8. Off-season storage of business related equipment must be stored out of sight, either inside a structure or within the fish house storage area.
  9. The Lake of the Woods County Board of Commissioner’s may review the conditions placed upon approval with one (1) year of the date of approval and may require the establishment and maintenance of a visual buffer, similar to above, be placed parallel to the westerly boundary of the described property to further enhance the visual screening.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for Vic and Jeri Beckel to operate a fish house storage park consisting of fifteen (15) fish houses in a Rural District (R1) as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  _Vic & Jeri Beckel___________________ Date:  _June 11, 2019___________

Location/Legal Description:  _Tract 8 Section Twenty-eight (28), Township One hundred sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.28.13.010__­­­­­­­­­­­­­­­­­­_________________________________

Project Proposal:  Operate a fish house storage park consisting of fifteen (15) fish houses in a Rural-Residential District (R-2).

  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?  Fish house storage.

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

            YES ( x )  NO (  )  N/A (  )

Why or why not?  With conditions.

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 ( x )  NO (  )  N/A (  )

Why or why not?  See conditions.

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 (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

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

Why or why not?  Storage of fish houses adjacent.

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 (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________  

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 (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________  

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?  See conditions.

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 (  )  NO (  )  N/A ( x )

Why or why not?  No signage.

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?  No parking on-site. Storage only.

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:

  1. A visual barrier must be established and maintained on three (3) sides (North, South and West) of the storage area with a live vegetative barrier not less than five (5) feet high and spaced no further apart than eight (8) feet. The vegetative barrier is to be established, at a minimum, in a double row and staggered to provide maximum visual screening. Establishment of said vegetative barrier is to be conducted no later than December 31, 2019.
  2. Storage area is to be located on the Easterly four-hundred (400) feet of the described property.
  3. Storage area is for said fish houses on the property.
  4. No more than fifteen (15) rental fish houses on the property.
  5. No client vehicles are to be parked on said property.
  6. Damage caused by business activities, and/or general maintenance of the private road, shall be the responsibility of the landowner.
  7. No occupation is allowed of said fish houses on site.
  8. Off-season storage of business related equipment must be stored out of sight, either inside a structure or within the fish house storage area.
  9. The Lake of the Woods County Board of Commissioner’s may review the conditions placed upon approval with one (1) year of the date of approval and may require the establishment and maintenance of a visual buffer, similar to above, be placed parallel to the westerly boundary of the described property to further enhance the visual screening.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

Conditional Use Permit – R&J Developments

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for R&J Developments to operate a plumbing and heating business with showroom in a Residential District (R-1). No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application as presented.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Findings of Fact for R&J Developments to operate a plumbing and heating business with showroom in a Residential District (R-1) as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  _R&J Developments LLC___________________ Date:  _June 11, 2019___________

Location/Legal Description:  A tract of land in the SEÂĽSWÂĽ of Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) – Parcel ID# 19.61.50.010_____________________

Project Proposal:  Operate a plumbing and heating business with showroom in a Residential District (R-1).

  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?  Growth corridor.

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

            YES ( x )  NO (  )  N/A (  )

Why or why not?  Shared driveway.

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?  State highway – Shared driveway.

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

Why or why not?  Adjacent businesses – Growth corridor.

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?  Built to county specs.

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?  Septic & well designed.

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 (  )  NO ( x )  N/A (  )

Why or why not?  Not necessary.  

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?  Signage on building.

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?  Parking on-site.

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:  Construction complete by 12/31/2020.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

Conditional Use Permit – Jamie Gowdy

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Jamie Gowdy to operate short-term vacation rentals on each lot in a Residential District (R-1).   Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the condition the covenants are changed to allow this project.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to table the request to the June 25, 2019 board meeting and have Mr. Gowdy or a representative attend to discuss this request.

Board of Adjustment/Planning Commission Training

Land & Water Planning Director, Josh Stromlund met with the County Board to discuss a training for the Board of Adjustment / Planning Commission.  It was the consensus of the County Board to have Josh arrange for this training.

IT DEPARTMENT

IT Director, Pete Hovland met with the County Board to discuss an update for the NEC Telephone System with NetWork Center Communications for $16,294.00.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the upgrade for the NEC Telephone System with NetWork Center Communications for $16, 294.00. 

PUBLIC WORKS

Assistant Engineer Boyd Johnson met with the County Board to discuss the following:  County Cell Phones, Portable WiFi Unit, Kirk Hiner Temporary Construction Easement, Final Approval of Bur Oak Road-Change Orders, and Purchase of GPS Surveying Equipment.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of three cell phones for the Highway Department for Boyd Johnson, Edward Spires and Wyatt Erickson and to contact the IT Department to complete the required forms.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve an additional portable WiFi Unit for the Engineering Department and to work with the IT Department to complete the necessary forms.

Temporary Construction-NWA Parking Area

Assistant Engineer, Boyd Johnson updated the County Board on the Kirk Hiner Temporary Construction Easement during the construction of the parking area at the Northwest Angle.

GPS Surveying Equipment

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of GPS Surveying Equipment in the amount of $33,410.55.  

Wheeler’s Point Sanitary District   

Assistant Engineer Boyd Johnson and Project Engineer for Wheelers Point Sanitary District – Freeberg & Grund, Inc, Brian Grund met with the County Board for approval on Change Order No 2, Change Order No 3 and Application for Payment #6, discussion on State Aid Road #23 (CSAH23) Project on First Ave NW in Baudette not to exceed basis of $35,720 (by ANI).

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Wheeler’s Point Sanitary District Change Order No 2, in the additional amount of $227,976.00, and to have the County Board Chair signing the same.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Wheeler’s Point Sanitary District Change Order No 3, in the additional amount of $90,334.50, and to have the County Board Chair signing the same.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Wheeler’s Point Sanitary District Application for Payment No 6 (County #3) in the amount of $26,246.60 and to have the County Board Chair signing the same.

County Municipal State Aid -Road #23 (CSAH 23) Project

Assistant Engineer Boyd Johnson and Project Engineer Brian Grund discussed with the County Board the County Municipal State Aid Road #23 (CSAH 23) Project on 1st Ave NW in the City of Baudette and the proposal for the same.

NORTHERLY PARK

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to move the discussion of the Northerly Park – Proposal for Geotechnical Engineering Services – NWA Tower to the June 18, 2019 County Board meeting at the Northwest Angle.

PUBLIC WORKS

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to appoint Boyd Johnson as the Interim County Engineer effective June 1, 2019.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to have Human Resource Director advertise and interview for the position of County Engineer.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to appoint Commissioner Ed Arnesen as the Public Works liaison.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to appoint Ted Furbish as the Interim SW Administrator effective June 1, 2019.

It was the consensus to have the Demo billing and SW Management reports to remain in the Public Works Office and the Budgets to fall under the Auditor/Treasurer.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following stipends:  1) Interim County Engineer Boyd Johnson at $900 per month and 2) Interim Solid Waste Project Manager at $600.00 per month, both effective June 1, 2019.

CORRESPONDENCE

Correspondence from the MN Department of Natural Resources was read and acknowledged.

CLOSED SESSION

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting at 3:27 p.m.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to open the closed meeting at 3:28 p.m. pursuant to MN Statute 13D.05, subd.3b (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Auditor /Treasurer, Lorene Hanson, County Attorney, James Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 4:25 p.m.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 4:26 p.m.

Attest:                                                                                      June 25, 2019

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

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

Commissioner Proceedings

June 18, 2019

The Lake of the Woods County Board of Commissioners met in session on Tuesday, June 18, 2019 at Angle Outpost Resort at the Northwest Angle.

Call to Order

Chairman Cody Hasbargen called the meeting to order at 10:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners:  Cody Hasbargen, Ed Arnesen and Joe Grund. Absent:  Commissioner Buck Nordlof and Jon Waibel. Also present were: County Auditor/Treasurer Lorene Hanson, Interim County Engineer Boyd Johnson, County Sheriff Gary Fish, County Assessor Mary Jo Otten, Assessor Appraiser Tyler Swanson and Woody Fiala.

Approval of Agenda

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the addition of MNLARS Resolution/Grant and the removal of District Engineer, Lou Tasa.

Northerly Park

Discussion was had on the Proposed Northerly Park at the Northwest Angle.  The County received a proposal from Terracon for Geotechnical Engineering Services for the Proposed Northwest Angle Tower. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Proposal of $7,500 from Terracon for Geotechnical Engineering Services for the Proposed Northwest Angle Tower at the Northwest Angle and to have the Board Chair sign the same.  Funding would be $4,000 from the County Development and $3,500 from the NWA Edgeriders.

Solid waste

Discussion was had regarding the Solid Waste garbage at the NWA.  NWA Maintenance Operator Mike Graves informed the County Board that arrangements had been made for a scrap metal pickup on June 27, 2019 with 70%/30% return to the County.  Also discussed the following:  fish guts disposal, garbage and barge pickup; with no action taken.  The Board was going to visit the site following the Board meeting.

Parking issues

Interim County Engineer Boyd Johnson updated the County Board on the temporary construction of the parking area at the Northwest Angle by the public access next to Colsons.  The Board was going to visit the site following the Board meeting.

Sheriff

County Sheriff Gary Fish met with the County to inform the Board that Deputy Sheriff/Coroner/Inspector Joe Morisch has taken a new job with the BCA and would be turning in his resignation soon.  Gary asked for permission to advertise, interview and hire.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to amend the agenda and add request for advertise, interview and hire to the agenda. 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to give permission to County Sheriff and Human Resource Director to advertise, interview and hire for the position of Deputy Sheriff/Coroner/Inspector at a Grade13, Points 288, Step 1 at $25.82 per hour.

Law Enforcement Center

County Sheriff Gary Fish updated the County Board and the NWA residents of the new law enforcement facility that the County is looking at building.  This is the result from a letter from the MN Department of Corrections forcing the County to build a new building by July 1, 2021 or they would be negatively changing our status.

Local Sales Tax

County Auditor/Treasurer Lorene Hanson updated the residents on the payment options the County Board had been researching for the new Law Enforcement Center.  These options included bonding, with implementing a local sales tax that would help pay the bond debt. This would help spread the burden of the debt payment to all taxable sales in Lake of the Woods County, therefore taking away the full burden off the taxpayers in the County.   This would go to a vote in a Special Election this fall and if it passes, then on to Legislature next spring for hopeful passage and implementation next summer.

MNLARS

County Auditor/Treasurer Lorene Hanson informed the County Board that the State of Minnesota has approved an appropriation for deputy registrar reimbursement grants related to the development and deployment of the Minnesota License and Registration System (MNLARS).  To receive the reimbursement grant an agreement and resolution would need to be passed and submitted with the application. 

Resolution

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following resolution pending approval from the County Attorney: 

RESOLUTION

DEPUTY REGISTRAR REIMBURSEMENT

GRANT PROGRAM

LAKE OF THE WOODS COUNTY, MINNESOTA

Resolution No 2019-06-02

WHEREAS, the Minnesota State legislature has allocated to the Minnesota Department of Public Safety an allotment of $13,000,000 to be disbursed in grants to Deputy Registrars operating under the authority of the State of Minnesota. These funds are available to offset the negative financial impact created by the release of the Minnesota License and Registration System (MNLARS); and,

WHEREAS, Lake of the Woods County operates as a Deputy Registrar on behalf of the State of Minnesota and is required to utilize the MNLARS program; and,

WHEREAS, the State of Minnesota has determined Lake of the Woods County Deputy Registrar is eligible for $21,541.41 in the form of a reimbursement grant; and,

WHEREAS, in order to apply for these funds, political subdivisions must sign a liability Release form and submit a grant application along with a resolution authorizing the application for grant funds no later than June 30, 2019, to the Director of Driver and Vehicle Services; and,

WHEREAS, if grant funds are awarded, Lake of the Woods County must enter into an agreement with the Director of Driver and Vehicle Services governing the receipt reporting of the grant; receive and account in a manner meeting generally accepted government accounting principles sufficient to pass federal audit:

NOW, THEREFORE, BE IT RESOLVED that the Lake of the Woods County Board of Commissioners hereby authorizes the County Board Chair and the County Auditor/Treasurer to apply for a grant from the Minnesota Department of Public Safety, Driver and Vehicle Services for funds pursuant to MN Session Laws- 2019 1st Special Session, Article 1, Section 6 & Article 2, Section 36.

Recess

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 11:10 a.m.

ATTEST:                                                                                 APPROVED: June 25, 2019

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

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

Lake of the Woods County

Board of Appeal and Equalization

June 20, 2019

The Lake of the Woods County Board of Appeal and Equalization met on Thursday, June 20, 2019, in the Commissioners’ Room of the Lake of the Woods County Government Center. 

Call to Order

County Board Chair Cody Hasbargen called the meeting to order at 6:00 p.m. with the following members present:  Commissioners: Ed Arnesen, Cody Hasbargen, Jon Waibel, Joe Grund and County Auditor-Treasurer Lorene Hanson.  Absent was Commissioner Buck Nordlof.   Also present were: County Assessor Mary Jo Otten, Assessment Specialist Alisa Jacobson and Assessor Appraiser Tyler Swanson.  County Recorder Sue Ney swore in the members of the Lake of the Woods County Board of Appeal and Equalization for 2019.

County Board Chair Cody Hasbargen explained the purpose of the Board of Appeal and Equalization. He reminded the public that this meeting was only to hear appeals of the estimated market value (EMV) or classification, not for taxes or prior years’ assessments.  He further explained that all appeals would be heard before any action would be taken.

County Assessor

County Assessor Mary Jo Otten explained that the valuation period is from sales during October 1, 2017 through September 30, 2018, and discussed adjustments that had been made during the past year.

Property Owners

Meeting with the County Board was Dennis Johnson property owner in Potamo Township.  Mr. Johnson relayed his concern on the market value of one of his parcels and that most of the parcel is untillable. County Assessor Mary Jo Otten reviewed the property in question and explained how values were increased across the county and in addition how his assessment was made.  She further stated she would be happy to view, research and reassess his property if the board allowed for a recess and continuation of the Board of Appeal and Equalization meeting.

Meeting with the County Board was Weston Johnson, property owner in the Potamo Township.   Mr. Johnson explained his concern regarding the increase in market value to his property and that most of this parcel was in pasture.  County Assessor Mary Jo Otten explained how values were increased across the county and in addition how his assessment was made.  She further stated she would be happy to view, research and reassess his property if the board allowed for a recess and continuation of the Board of Appeal and Equalization meeting.

Meeting with the County Board was Lester Boomgaarden, property owner in Wabanica Township.   Mr. Boomgaarden explained his concern regarding the increase in market value to his property and supplied a letter supporting his comments.  County Assessor Mary Jo Otten explained how the assessment was made.   She further stated she would be happy to view, research and reassess his property if the board allowed for a recess and continuation of the Board of Appeal and Equalization meeting.

Meeting with the County Board was Severin and Patricia Holte, property owners in Gudrid Township.   Mrs. Holte explained their concern regarding the increase in market value to their property and stated they had a lot of wind damage to the buildings and many of their trees.  County Assessor Mary Jo Otten explained how when land is assessed it is based on the many different classifications and that it is broke out accordingly.  She further explained how their assessment was made.   County Assessor Mary Jo Otten stated she would be happy to view, research and reassess his property if the board allowed for a recess and continuation of the Board of Appeal and Equalization meeting.

County Assessor Mary Jo Otten presented a list of property owners that had contacted her prior to the meeting and her recommendations to the board:  See attachment:

Recess

With no further questions or comments from the public and the need for some issues to be researched, Commissioner Chair Cody Hasbargen called the meeting in recess at 7:10 p.m. and rescheduled a continuation of the Lake of the Woods County Board of Appeal and Equalization meeting to reconvene on Tuesday, June 25, 2019 at 12:30 p.m. in the Commissioners’ room of the Lake of the Woods County Government Center. 

Reconvene

The Lake of the Woods County Board of Appeal and Equalization met and reconvened on Tuesday, June 25, 2019 at 12:30 p.m. in the Commissioner’ room of the Lake of the Woods County Government Center.

Call to Order

County Board Chair Cody Hasbargen called the meeting to order at 12:30 p.m. with the following members present:  Commissioners: Ed Arnesen, Cody Hasbargen, Joe Grund, Jon Waibel and County Auditor-Treasurer Lorene Hanson.  Absent was Commissioner Buck Nordlof.   Also present were:  Assessor Appraiser Tyler Swanson and Woody Fiala.  It was noted that County Recorder Sue Ney swore in the members of the Lake of the Woods County Board of Appeal and Equalization at the first meeting on Thursday, June 18, 2019.

County Board Chair Cody Hasbargen explained that all the appeals had been heard at the previous meeting on June 18, 2019.  County Assessor Mary Jo Otten was unable to attend todays’ meeting, however, Assessor Appraiser Tyler Swanson presented documentation from Mary Jo’s research in viewing the properties in question from the prior meeting.

Actions

Motion

After hearing all the appeals, questions, comments and research reviewed, Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following actions:

Dennis Johnson, property owner in Potamo Township, Parcel Number:  28.09.44.000.  The County Board of Appeal and Equalization reviewed the reassessment of the property by County Assessor Mary Jo Otten.  The Board recognized an adjustment for the land based on the breakdown and the buildings due to age and condition.  ACTION to decrease the value from $57,000 to $48,700.  (This is broke out by $28,100 on the land and $20,600 on the buildings.)

Weston Johnson, property owner in Potamo Township, Parcel Number 28.15.24.000.  The County Board of Appeal reviewed the reassessment of the property by County Assessor Mary Jo Otten. The Board recognized a value adjustment based on an aerial review.  ACTION to decrease the value from $175,400 to $173,400.

Dennis and Weston Johnson only addressed 2 parcels in the discussion with the Board of Appeal and Equalization at the meeting on Thursday, June 18, 2019.  However, County Assessor Mary Jo Otten did review their additional parcels and made recommendations to the Board based on her findings.

Dennis Johnson, property owner in Potamo Township, Parcel Number 28.03.24.000 – Corrected value – ACTION to decrease value from $184,000 to $172,600.

Dennis Johnson, property owner in Potamo Township, Parcel Number 28.03.33.000 – Corrected value – ACTION to decrease value from $54,200 to $45,200.

Dennis Johnson, property owner in Potamo Township, Parcel Number 28.10.31.000 – Corrected value – ACTION to decrease value from $87,200 to $80,500.

Dennis Johnson, property owner in Potamo Township, Parcel Number 28.15.22.000.  Corrected value due to more tillable acres than we have on record.  ACTION to increase value from $51,600 to 54,000.

Dennis Johnson, property owner in Potamo Township, Parcel Number 28.16.11.000 – Corrected value – ACTION to decrease value from $107,700 to $100,500.

Weston Johnson, property owner in Potamo Township, Parcel Number 28.09.33.000 – Corrected value – ACTION to decrease value from $140,400 to $124,900.

Weston Johnson, property owner in Potamo Township, Parcel Number 28.16.31.000 – Corrected value as was in the wrong Land Classification zone – ACTION to decrease value from $30,300 to $25,300.

Lester Boomgaarden, property owner in Wabanica Township, Parcel No. 23.28.44.000.  The County Board of Appeal and Equalization reviewed the reassessment of the property by County Assessor Mary Jo Otten.  The Board recognized the aerial land breakdown and adjusted accordingly.  ACTION to decrease the value from $160,000 to $154,600. 

Severin and Patricia Holte, property owners in Gudrid Township, Parcel No. 31.14.21.000.  The County Board of Appeal and Equalization reviewed the reassessment of the property by County Assessor Mary Jo Otten.  The Board recognized the adjustments of the land and buildings values based on the condition from the wind storm.  ACTION carried unanimously to decrease the value from $176,700 to $156,900. 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to accept the County Assessors recommendations on the parcels of the attached list, which were presented to the County Board of Equalization.

Adjourn

Motion was made by Commissioner Jon Waibel to adjourn the County Board of Appeal and Equalization meeting for 2019.  The motion was seconded by ­Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried.  County Board Chair Cody Hasbargen adjourned the Lake of the Woods County Board of Appeal and Equalization meeting for 2019, at 12:40 p.m.

Attest:                                                                          Approved: _______________________

_________________________________                  ______________________________________Lorene Hanson, County Auditor-Treasurer                     Cody Hasbargen, County Commissioner Board Chair

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

Commissioner Proceedings

June 25, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 25, 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 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following Additions:  Letters of Representation to St Auditor, Schrandt Cartway, Event Ordinance, BOA Training, Reconvene BOE, MN DNR Agreement – Electronic License and County Engineer; Deletions:  Consideration of CUP.

Approval of Minutes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 11, 2019.

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Ed Arnesen and carried unanimously to approve the official and summarized minutes of June 18, 2019, with changes.

Social Services

Social Services Director, Amy Ballard met with the board requesting approval for claims and MN MH Health Plan Procurement/RFT Review and Board Resolutions.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $6,512.31, Commissioners Warrant’s $2,032.29, Commissioners Warrant’s $46,363.90.

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following resolution:

Resolution

Lake of the Woods County Supports

Blue Cross/Blue Shield as Managed Care Organization Providing Managed Health Care Services

For Recipients of Families and Children

Resolution No. 19-06-03

WHEREAS, the Minnesota Department of Human Services (DHS) has published a Request For Proposals (RFPs) to provide health care services to recipients of Families and Children and Minnesota Care in eighty (80) Minnesota counties including Lake of the Woods County and

WHEREAS, DHS has requested County evaluations and recommendations regarding the RFP proposals from each respective county; and

WHEREAS, Medica, Blue Cross/Blue Shield and U Care 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 department have reviewed and evaluated the proposals; and

WHEREAS, Blue Cross/Blue Shield 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 Blue Cross/Blue Shield as Managed Care Organization(s) (MCO(s)) providing managed health care services in Lake of the Woods County.

Resolution

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following resolution:

Resolution

Lake of the Woods County Supports

Blue Cross/Blue Shield as Managed Care Organization Providing Managed Health Care Services

For Recipients of MSHO and MSC+ for Seniors

Resolution No. 19-06-04

WHEREAS, the Minnesota Department of Human Services (DHS) has published a Request For Proposals (RFPs) to provide health care services to recipients of MSHO and MSC+ for seniors, in eighty (80) Minnesota counties including Lake of the Woods County and

WHEREAS, DHS has requested County evaluations and recommendations regarding the RFP proposals from each respective county; and

WHEREAS, Medica, Blue Cross/Blue Shield and U Care 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 department have reviewed and evaluated the proposals; and

WHEREAS, Blue Cross/ Blue Shield 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 Blue Cross/ Blue Shield as Managed Care Organization(s) (MCO(s)) providing managed health care services in Lake of the Woods County.

Auditor/Treasurer

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, Border State Bank ACH Agreement, Letters of Representation to St Auditors and MN DNR Agreement Electronic License.

Claims  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $20,989.37, Road & Bridge $112,023.56, Joint Ditch $1,632.50 and Solid Waste $18,374.79.

WARRANTS FOR PUBLICATION

Warrants Approved On 6/25/2019 For Payment 6/28/2019

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                       7,943.83

LOW Highway Dept                                                    7,425.63

North East Technical Service,Inc                                2,232.75

Powerplan                                                                  4,563.13

R & Q Trucking, Inc                                                     4,120.00

Swanston Equipment Corp                                         3,312.24

Team Lab                                                                  92,400.00

University Of Mn                                                         9,222.51

41 Payments less than 2000 21,800.13

Final Total: 153,020.22

Further moved to authorize the payment of the following auditor warrants:  June 12, 2019 – $23,389.03, June 13, 2019 – $609,568.37; June 19, 2019 – $34,645.63.

Border State Bank ACH Agreement

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the ACH Origination Agreement with Border State Bank effective June 25, 2019 and to have the County Auditor/Treasurer sign the same.

Representation Letters to St Auditor

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Representation Letters of financial statements to the State Auditor for years ending 2015 and 2016 and to have Chair Cody Hasbargen sign the same.

MN DNR Electronic License Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agreement with the Minnesota Department of Natural Resources for registration and titling of electronic licenses and to have County Auditor/Treasurer to sign the same.

IT Dept

GIS Specialist, Eric Solo met with the County Board requesting permission to attend an out of state GIS conference in Atlanta, GA, September 29, 2019 through October 1, 2019 for Minnesota Counties Computer Coop (MCCC).  MCCC will be covering all travel, lodging and meals. 

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen, and carried unanimously to approve out of state travel for Eric Solo to attend a GIS Conference in Atlanta, GA, September 29, 2019 through October 1, 2019, with travel expenses paid by MCCC.

Land & Water Planning

County Land & Water Planning Director, Josh Stromlund was unable to attend the meeting, however, had received a quote from Scott Anderson, Rupp, Anderson, Squires  & Waldspurger, PA (RASW) for a Board of Adjustment/Planning Training, previously discussed at the last board meeting.  The training would be available for all BOA members as well as for commissioners and attorney.  The quote was for a flat fee of $2,500.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel, and carried unanimously to approve the Board of Adjustment/Planning training with Scott Anderson, RASW, for $2,500 with the funding from the Land & Water budget.

Attorney

County Attorney, Jim Austad met with the County Board to discuss a Petition to make the Schrandt Cartway Private and discuss an Event Ordinance. 

Schrandt Cartway Petition to be Private

County Attorney, Jim Austad discussed a petition received from David and Mary Schrandt to request to change designation from “Cartway” to “Private Driveway”.   County Attorney, Jim Austad was going to research further and get in contact with their attorney.

Event Ordinance

County Attorney, Jim Austad discussed the Event Ordinance and an ordinance committee meeting was set to review the ordinance. 

Recess

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

District Engineer

District Engineer, Lou Tasa met with the County Board to receive an update on the County Highway Department, Engineer, Interim – Construction Project Engineer and Maintenance Engineer.  Lou reviewed the requirements needed for the highway department and summer projects.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to amend the agenda to add the Highway Department at the end of the meeting for more discussion.

Cartway-Public Hearing

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 11:00 a.m. and open the Public Hearing for the Cartway-Public Hearing. (Pursuant to MN Statute 164.08 to establish a Cartway.)

The following were present:  Commissioners:  Ed Arnesen, Cody Hasbargen, Buck Nordlof, Joe Grund and Jon Waibel.  Other County Employees were:  County Auditor/Treasurer Lorene Hanson, and Assistant Engineer Boyd Johnson.  In addition attending the Public Hearing were:  Woody Fiala, Attorney Jeff Naglosky, Attorney Brian Varland, Patty Beckel, Tony Beckel, Carl Olson, Andrea Olson, Jill Martinson and Jared Martinson.

Attorney Jeff Naglosky representing Lake of the Woods County, explained the status of the Cartway reconvening from June 11, 2019.  There is currently an open motion from June 11, 2019, to establish a Cartway for Co-Petitioners Jared A Martinson and Jill Martinson and Andrea M Olson.  The motion was up for discussion and the consensus of the County Board at that meeting was to table the motion until the next regular board meeting pending award damages and the status of the Cartway. The actions to be resolved at this meeting would be:  1) Grant Cartway, 2) Assess Damages, 3) Address the Petition to request a Private Cartway and division of maintenance costs.

Motion/Resolution

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof on June 11, 2019, tabled to June 25, 2019 for further discussion, and on June 25, 2019 was carried unanimously establishing the following resolution:

Resolution

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

Resolution Establishing a Cartway for Co-Petitioners Jared and Jill Martinson and Andrea M Olson

Bifurcating Cartway Hearing to determine Award of Damages

Requiring Petitioners to Post Bond or other Security

Resolution No. 19-06-05

WHEREAS; the Lake of the Woods County Board of Commissioners has received a cartway petition pursuant to Minn. Stat. § 164.08, from Jared and Jill Martinson and Andrea M Olson  â€śCo-Petitioners” in which the petitioners are asking the County Board to establish a cartway to their property across the lands of others; and

WHEREAS; petitioners have been represented by Brian W Varland, Heley Duncan & Melander PLLP; and

WHEREAS, the petitioner’s property is described as follows: 

Martinson Parcel:

Unimproved, beginning at the Southeast corner of the Southeast quarter (SE ÂĽ) of the Northeast quarter (NE ÂĽ), Section 21, Township 162, Range 32; thence West along the quarter line a distance of 120 rods; thence North a distance of 60 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 120 rods on a line parallel with said quarter line to a point; thence South a distance of 60 rods on the Section line between Sections 21 and 22 to the place of beginning.  Containing 15 acres in the Southwest quarter (SW ÂĽ) of the Northeast quarter (NE ÂĽ), and 30 acres in the Southeast (SE ÂĽ) of the Northeast quarter (NE ÂĽ) of Section 21, Township 162, Range 32;

LESS: that portion lying South and West of the Bostic Creek Bayou as this portion isolated from portion being conveyed.

LESS:  The following described tract:

Beginning at the Southeast corner of the Southeast quarter (SE ÂĽ) of the Northeast quarter (NE ÂĽ), Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres more or less.

Olson Parcel:

Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32.

WHEREAS, the description of the proposed Cartway is:

Part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian, Lake of the Wood County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 (with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32.

WHEREAS; the requested cartway would pass over the individual tracts of land described as follows

Through that part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian,  Lake of the Woods County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 (with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32, as shown in the road marked in red in the attached aerial photo map attached as Exhibit C.

WHEREAS; on June 11, 2019 after proper posting and notice, a hearing on the cartway petition was heard by the Lake of the Woods County Board; and

WHEREAS; the County Board finds that, pursuant to Minn. Stat. §164.08, subd. 2 (a), the petitioners own tracts of land containing at least five acres and has no access from it to a public road except over the lands of others; and

WHEREAS; the petitioners are therefore entitled to the establishment of a cartway pursuant to Minn. Stat. § 164.08. subd. 2 (a);

WHEREAS; the County Board, after hearing evidence and arguments from the petitioners and the affected landowners, requested that the hearing be tabled to June 25, 2019 at 11:00 a.m. and

WHEREAS; on June 25, 2019 at 11:00 a.m. the Lake of the Woods County Board reconvened the public hearing on the cartway petition;

WHEREAS; the County Board had heard additional testimony from the petitioners and the board had researched damages;

WHEREAS; the requested cartway would pass over the land as requested;

WHEREAS; the County Board heard evidence and arguments from the petitioners and the affected landowners regarding the question of what damages, if any, should be paid to the owners and occupants across whose land(s) the cartway will be established, and regarding what damages the county has incurred as costs and expenses related to these proceedings;

NOW, THEREFORE, IT IS RESOLVED AND ORDERED;

  1. A cartway pursuant to Minn. Stat. § 164.08, subd. 2 (a) is established, subject to the terms and conditions that follow, the terms and conditions in the award of damages, and the payment of all damages.
  2. The Lake of the Woods County Board finds that the following location and width of the cartway is the least disruptive and least damaging for neighboring landowners and in the public’s best interest; Through that part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian,  Lake of the Woods County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 ( with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32, as shown in the road marked in red in the attached aerial photo map attached as Exhibit C.
  3. Petitioners shall pay to the county all items described below as damages for the establishment of the Cartway.  

    Damages as a result of reduced land value                 $2,000 per petitioner for a total of $4,000

4. Town road and bridge funds shall not be expended for this cartway.

The resolution was seconded by Commissioner Buck Nordlof and the vote carried as follows:

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

Voting Against: None   

Abstaining:           None

Lake of the Woods County

Dated: ___________________                       __________________________________________

                                                                        Cody Hasbargen, Chairman of the Board

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

Resolution Changing the Jared and Jill Martinson, Andrea Olson Cartway To a Private Driveway

Establishing Maintenance Costs

Resolution No. 19-06-06

WHEREAS, Pursuant to MN Statute 164.08, sub 2 (e) allows County Boards of unorganized territory to designate the cartway as a private driveway with written consent of the following affected landowners, Scott Wold and Four Mile Bay Hunting Club, Inc.;

WHEREAS, the affected landowners have agreed to written consent to designate the cartway as a private driveway and no town road and bridge funds shall be expended for maintenance of the driveway; provided that the cartway shall not be vacated without following the vacation proceedings established under law;

WHEREAS; Pursuant to MN Statute 164.08, sub (3),When a cartway is not maintained by the town, one or more of the private property owners who owns land adjacent to a cartway or one or more of the private property owners who has no access to the owner’s land except by way of the cartway may maintain the cartway;

WHEREAS; The cost of maintenance shall be equally divided among all residences (defined as having permanent or movable residential structure) who own land adjacent to the cartway and all of the private property owners who have no access to their land except by way of the cartway;

WHEREAS; The County Board has determined that the maintenance costs be adjusted accordingly as residents change; and private property owners who pay the cost of maintenance shall have a civil cause of action against any of the private property owners who refuse to pay their share of the maintenance cost.

THEREFORE BE IT RESOLVED; The County Board has determined that the Jared and Jill Martinson, Andrea Olson Cartway a Private Driveway and maintenance costs will be shared equally among all residences as described above.

The resolution was seconded by Commissioner Buck Nordlof and the vote carried unanimously.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the Public Hearing and open the regular meeting at 12:30 p.m. as follows:

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting and open the Public Hearing for Board of Equalization at 12:30 pm.

Board of Equalization minutes are recorded separately.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to close the Public Hearing and open the regular meeting at 12:40 p.m. as follows:

Recess

The meeting was called to recess at 12:40 p.m. and reconvened at 2:55 p.m. as follows:

Public Works Dept

Discussion was had by the County Board and District Engineer Lou Tasa regarding the County Engineer open position.  Interim options were presented for Construction and Maintenance Project Engineers.  Lou Tasa explained the funding differences between Township road funds and State Aid funds.

CLOSED SESSION- LITIGATION

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 3:30 p.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Attorney, James Austad and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 4:20 p.m.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 4:20 p.m.

Attest:                                                                                      July 9, 2019

__________________________________                            _________________________________

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

May, 2019

Commissioner Proceedings

May 14, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 14, 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, Ed Arnesen and Cody Hasbargen. 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 Waibel, seconded by Commissioner Arnesen and carried unanimously to approve the agenda with the following addition- Northerly Park.  

Approval of Minutes

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of April 23, 2019.

VETERAN SERVICE

Veteran Gregg Brown met with the board to discuss Veterans Home Health Care which is not available within the County. Social Service Director, Amy Ballard informed the board that if the Veteran has their primary Insurance with the Veterans Administration they will come and assess the needs of the patient, and then will set someone up to come into their home. She also explained that the county now has access to Northwoods Caregivers that comes into your home and provide services.

Motion

Motion was made by Commissioner Arenesen, seconded by Commissioner Nordlof and carried unanimously to add Home Health Care Task Force to the Old/New Business.

SOCIAL SERVICES

Social Services Director, Amy Ballard met with the board requesting approval for claims and Proclamation for Long Term Care and Senior Linkage Line services.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $18,095.60, Commissioners Warrant’s $4,362.73, Commissioners Warrant’s $47,660.22.

Proclamation

The following proclamation was offered by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously.

RESOLUTION 19-05-01

STATE OFMINNESOTA Proclamation of Older Americas Month

WHEREAS: Older Minnesotans are active contributors of their talent, time, and life

experience who make a difference in lives of others in their communities; and

Communities that encourage the contributions of older adults are stronger. By

engaging and supporting all community members, older adults play a key role in

the vitality of our state; and

WHEREAS: Older Minnesotans continue to make sacrifices to ensure a better life for the

generations that follow, which strengthens and enhances the entire state; and

WHEREAS: It’s time we recognize and celebrate what getting older looks like today and raise

awareness about aging issues; and

WHEREAS: The Minnesota Board on Aging continues to lead the nation in the fields of aging

policy, advocacy and assistance to help older Minnesotans with their goals to age

well and live well; and

WHEREAS: The Minnesota Board on Aging’s Ombudsman for Long-Term Care and Senior

LinkAge Line services provide advocacy and assistance to help older adults live Longer, healthier lives.

NOW, THEREFORE, Governor Tim Walz herby proclaims the month of May as Older Americas Month.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, Deputy Registrar Appointment, Wells Fargo signature card, Snowmobile Resolutions, Re-Schedule Cartway hearing, State of MN Lease for Drivers Exam room and NWA Meeting Agenda Items.

Claims  

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Grund and carried unanimously to approve the claims against the County as follows: Revenue $54,957.05, Road & Bridge $199,137.28, Social Service $7.47, Co. Devlp. $41,200.00, Solid Waste- $31,845.57- EDA, $1,244.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/14/2019 For Payment 5/17/2019

Vendor Name                                        Amount

Cenbion, LLC                                                                   24,589.16

Cenex Co-Op Services, Inc.                                             6,262.02

Counties Providing Technology                                         3,695.00

Evergreen Implement Company                                     181,500.00

JMD Manufacturing Inc                                                      2,562.08

Koochiching County Sheriff                                              3,060.00

LOW Highway Dept                                                           4,602.26

LOW International Ice Arena                                           40,000.00

Mar-Kit Landfill                                                                 11,508.25

Mesabi Bituminous, Inc.                                                     2,432.00

R & Q Trucking, Inc                                                            4,120.00

Swanston Equipment Corp                                                2,343.78

TOTALFUNDS                                                                    3,000.00

Woody’s Service                                                               2,435.17

Ziegler, Inc                                                                         2,061.77

78 Payments less than 2000 34,220.44

Final Total: 328,391.93

Further moved to authorize the payment of the following auditor warrants- April 24, 2019- $13,761.01, May 1, 2019 – $112,334.85, May 5, 2019- $158,308.17, May 8, 2019- $102,839.01.

Deputy Registrar Appointment

Motion was made by Commissioner Arensen, seconded by Commissioner Waibel and carried unanimously to appoint Erik Tange as Lake of the Woods County Deputy Registrar and Driver’s Licenses Agent pursuant to MN Statute 168.33 and MN Administrative Rules, chapter 7406 effective May 31, 2019.

Wells Fargo Motor Vehicle Checking Account

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to add Motor Vehicle/Driver’s License Agent, Jaime Boretski to the Motor Vehicle checking account effective May 14, 2019 and remove Deputy Auditor/Treasurer, Janet Rudd from the account effective May 31, 2019.

Sponsorship of Snowmobile Trails Assistance Programs

Resolutions

Border Trails

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

Resolution No. 19-05- 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 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.

The resolution was seconded by Commissioner Nordlof and carried unanimously

Big Traverse

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

Resolution No. 19-05- 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 Big Traverse maintenance of snowmobile 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 Hanson is hereby authorized to serve as the fiscal agent for the above referenced project.

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

NWA Edge Riders Club

Resolutions

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

Resolution No. 19-05-04

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

Cartway Hearing   

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to re-schedule the Cartway Hearing for Jared and Jill Martinsen and Andrea M. Olson from May 14, 2019 at 10:30 to June 11, 201 at 10:30 a.m. at the site Pursuant to Minn. Stat. §. 164.08.

MN Department of Public Safety-Commissioners Room Lease

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the use of the Commissioner’s Room at the Lake of the Woods Government Center the first Thursday of each month commencing July 1, 2019 thru June 30, 2021 at a rental rate of $300.00 per year and payable quarterly rate of 75.00.  

NWA Board Meeting

Chairman Hasbargen discussed agenda items for the NWA board meeting.

T-21

Commissioner Nordlof informed the board that the Public Health Services has been active with the T-21 tobacco use within the Community. Many residents and businesses are in favor of the change within Lake of the Woods County and Commissioner Nordlof requested that this be placed on the June 11, 2019 board agenda.

CARP DITCH-GEORGE SWENTIK

George Swentik met with the board to discuss the Carp Ditch and concerns that the work on the ditch has not been completed. The board informed George that they will take care of this issue.

Chairman Hasbargen excused himself from the meeting at 10:35 a.m. and Vice-Chairman Jon Waibel resumed position of Chairman.

AMEND AGENDA

Motion was made by Commissioner Arensen, seconded by Commissioner Nordlof and carried unanimously to amend the Agenda and add Border Bait Cigarette License to the agenda.

Motion

Motion was made by Commisisner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve Travis and Ashley Barclay cigarette license application for Border Bait Company LLC effective April 16, 2019 thru June 30, 2019.

PLOUGHING CONTEST

Vice- Chairman Waibel discussed a request from Lake of the Woods Tourism Bureau Director, Joe Henry for monetary support for the cost of EMT’s and ambulance service for the venue. No action was taken by the board.

HUMAN RESOURCE DIRECTOR

Human Resource Director, Savanna Slick and County Sheriff, Gary Fish met with the board requesting the Emergency Director, Jill Olson receive a step increase for taking over the PSAP duties. The consensus of the board was to have this brought to the Compensation Committee for their recommendation.

Resignation

Human Resource Director, Savanna Slick informed the Board that Maintenance Assistant Brian Carlin resigned effective May 9, 2019 and requested to hire from the 2018 applicants list.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to authorize Human Resource Director, Savanna Slick to hire for the 2018 applicants list.

COUNTY SHERIFF

County Sheriff, Gary Fish met with the board requesting approval for the 2019 State Boat & Water Grant in the amount of $6,630.

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

A RESOLUTION AUTHORIZING THE ANNUAL

BOAT & WATER SAFETY GRANT

Resolution No. 2019-05-05

WHEREAS, under the provisions of M.S.86B.701 & 705, 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, 2019 through June 30, 2020. Fiscal year 2019 will be paid up to $6,630.00 for expenses incurred between the effective date of the grant. The resolution was seconded by Commissioner Nordlof, and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 10:55 a.m. and reconvened at 11:00 a.m.

Lakewood Care Center

LakeWood Care Center President, Jeffry Stampohar met with the board and informed them that the Care Center is proposing to permanently de-license 12 skilled nursing beds due to census declining. By reducing the care center bed size of 44 (12 single rooms and 16 double rooms) to a 32 bed facility (24 single rooms and 4 double rooms). This will stabilize the resources to remain viable organization for the   needs of our seniors.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arensen and carried unanimously and authorize Chairman Hasbargen to sign the letter of support for LakeWood Care Center.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board requesting that the Administration Fee of $200.00 be removed from his office fees structure now that the process is in place for Sub-Divisions which is part of the offices duties. Josh also informed the board that the office is receiving many question in regards to the Buffer Law and wanted to check if he could have a representative from BWSR committee and have a “Question and Answer” session on Buffer regulations. The consensus of the board was to set up the training with BWSR.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Arensen and carried unanimously to remove the Administration Fee of $200.00 from Land and Water Planning Office fees structure.

NORTHERLY PARK

Vice- Chairman Waibel discussed the request of funds for the Northerly Park Committee for assistance with culverts and soil sampling.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to approve the installation of two culverts on County owned land, Parcel No. 02.28.31.000, not to exceed $6,000.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to contribute up to $4,000 for Soil Sampling for County owned land, Parcel No. 02.28.31.000 with funding from the County Development fund.

RECESS

With no further business before the board, Vice-Chairman Waibel called the meeting to recess at 11:35 a.m.

Attest:                                                                                      May 28, 2019

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

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

Commissioner Proceedings

May 28, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 28, 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, Ed Arnesen and Cody Hasbargen. 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 Waibel, seconded by Commissioner Grund and carried unanimously to approve the agenda with the following additions- Motions to Hire, Williams Youth Association and Re-Appointment.

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 May 14, 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 Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $13,854.71, Commissioners Warrant’s $4,262.56, Commissioners Warrant’s $21,741.69, Commissioners Warrant’s, $21,543.69.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, Resolution of Years of Service, Motions to hire.

Claims  

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $47,085.83, Road & Bridge $8,891.99, Social Service $3,068.74, EDA, $724.80.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/28/2019 for Payment 5/31/2019

Vendor Name                                                    Amount

American Solutions For Business                                     3,599.08

Dell Marketing, Lp                                                            12,211.68

Election Systems & Software, Inc                                     4,030.00

Johnson Auto & Machine                                                  2,883.20

NetWork Center Communications                                      5,600.00

Northern Light Region                                                        2,644.15

Shi Corp                                                                             3,393.00

Sun Monitoring                                                                   2,271.00

Swanston Equipment Corp                                                2,326.57

47 Payments less than 2000  20,812.68

Final Total: 59,771.36

Further moved to authorize the payment of the following auditor warrants- May 15, 2019- $5,979.07, May 22, 2019 – $634,989.49.

Motions to Hire

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to authorize County Auditor/Treasurer, Lorene Hanson to hire Jaime Boretski- LaValla at grade 11, step 1, $19.93 per hour, points 253, and effective May 1, 2019.

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to authorize Maintenance Supervisor, Peder Hovland to hire Dylan Eason as Maintenance Assistant at grade 6, step 1, $15.11 per hour, points 178, effective –  May 20, 2019.

Resolutions

Year of Service Recognition

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

RECOGNITION OF YEARS OF SERVICE

JANET RUDD

RESOLUTION 2019-05-06

 Whereas:  Janet Rudd has served the residents of Lake of the Woods County since May 13, 1986 as Lake of the Woods County Deputy Auditor/Treasurer;

Whereas:  Janet has resigned from Lake of the Woods County service effective May 31, 2019 with thirty-three years of service;

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

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

LAKE OF THE WOODS SCHOOL   

Lake of the Woods School Principal, Brian Novak met with the board and reviewed the quotes for the startup cost for the proposed Welding Classes at the School.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof, and carried unanimously to contribute $10,000 to the Lake of the Woods School for a startup cost for the Welding Shop with funding from the con-con funds.

EHLERS BONDING

Chairman Hasbargen reviewed the bonding information for the New Law Enforcement Center from Ehlers Bonding Company.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to approve Ehlers Bonding Company for the New Law Enforcement Center.

RECESS

The meeting was called to recess at 9:55 a.m. and reconvened at 10:00 a.m. as follows.

SOIL AND WATER

Mike Hirst, Lake of the Woods Soil & Water Conservation District Resource Technician met with the board and presented information on the Comprehensive Local Water Management Plan.

Resolution

The following resolution was offered by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to approve the following resolution:

Resolution to Extend

Lake of the Woods County

Comprehensive Local Water Management Plan

Resolution No. 19-05-08

WHEREAS, Minnesota Statutes, §103B.301, Comprehensive Local Water Management Act, authorizes Minnesota Counties to develop and implement a Comprehensive Local Water Management Plan, and

Whereas, Lake of the Woods County currently has a state approved Comprehensive Local Water Management Plan that covers the period of May 27, 2015 through October 28, 2019, and

WHEREAS, Lake of the Woods County is currently updating the Comprehensive Local Water Management Plan in accordance with Minnesota Statutes §103B.301, and

WHEREAS, the State of Minnesota’s vision for water planning is to move to One Watershed, One Plans which align local plans on major watershed boundaries instead of county boundaries, and

WHEREAS, Lake of the Woods County is comprised of four major watersheds: Lake of the Woods, Lower Rainy River, Rapid River, and Roseau River, and

WHEREAS, the Lake of the Woods One Watershed, One Plan is scheduled for adoption in 2019, and

WHEREAS, the Lower Rainy River Watershed and Rapid River Watershed are currently undergoing a joint MPCA Watershed Restoration and Protection Strategy (WRAPS) process, and the planning partners for these watersheds are interested initiating the One Watershed, One Plan process within the next 2 years for these joined major watersheds, and

WHEREAS, it is optional forLake of the Woods County to participate in the Roseau River One Watershed, One Plan per the state guidance that allows local governments to opt out when their jurisdictional land area is less than 10% of the watershed plan boundary, and

WHEREAS, these One Watershed, One Plan planning efforts will both supplement and supplant the Comprehensive Local Water Management Plan over the course of the next five years, and

WHEREAS, the Minnesota Board of Water and Soil Resources has authorization to grant extensions pursuant to Minnesota Statutes §103B.3367;

NOW, THEREFORE, BE IT RESOLVED, the Lake of the Woods County Board of Commissioners requests from the Minnesota Board of Water and Soil Resources an extension of the effective date of the current Lake of the Woods County Comprehensive Local Water Management Plan until October 2024, in order to transition to the One Watershed, One Plan Process complete the update.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting approval to purchase a plow truck and equipment and Resolution for Local Road Improvement Program Grant for SAP 039-592-001.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the purchase for a plow truck and equipment as budgeted in the amount of $164,005 after trade.
Resolution

The following resolution was offered by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve the following resolution:

(Local Road Improvement Program)

Grant Terms and Conditions

SAP 039-592-001

Resolution 19-05-07

WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement and

WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and

WHEREAS, the amount of the grant has been determined to be $335,919.35 by reason of the lowest responsible bid;

NOW THEREFORE, be it resolved that Lake of the Woods County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the bridge but not required.  The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.

RE-APPOINTMENT OF COUNTY ENGINEER

The board discussed the Re-Appointment of Public Works Director, Tim Erickson. After discussion with Tim Erickson, Chairman Hasbargen called for a motion for Re-Appointment for County Engineer.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof to Re-Appoint Tim Erickson for Lake of the Woods County Engineer.  Voting for:  Commissioners: Arnesen and Nordlof; Voting against: Commissioners: Waibel, Hasbargen and Grund. Motion failed.

It was the consensus of the County Board to set a work session for Monday, June 3, 2019, to discuss the Public Works Department.

RECESS

With no further business before the board, Chairman Hasbargen called the meeting to recess at 11:22 a.m.

Attest:                                                                                      June 11, 2019

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

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

March, 2019

Commissioner Proceedings

March 12, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 12, 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, Cody Hasbargen, Jon Waibel, Buck Nordlof and Ed Arnesen. Also, present were: County Auditor/Treasurer Lorene Hanson and Deputy Auditor/Treasurer Janet Rudd.

Approval of Agenda

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following addition- Lost Warrant, Legislative Update, Approval for Job Descriptions, County Road 172, Remonumentation Fund and NWA Park.  

Approval of Minutes

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Grund and carried unanimously to approve the official and summarized minutes of February 26, 2019.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $10,113.32, Commissioners Warrant’s $1,500.70, Commissioners Warrant’s $12,644.76.

AUDITOR/TREASURER

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

Claims

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $114,692.85, Road & Bridge $19,678.84, County Devel.$200.00 , Solid Waste, 42,122.32,  Joint Dich $7,023.58, EDA, $1,186.48.

WARRANTS FOR PUBLICATION

Warrants Approved On 3/12/2019 For Payment 3/15/2019

Vendor Name                                                    Amount

BAYCOM, INC.                                                               4,213.00

Cenbion, LLC                                                                19,875.68

Cenex Co-Op Services, Inc.                                        11,876.88

Counties Providing Technology                                      3,570.00

Howard’s Oil Company                                                  4,443.75

LOW Highway Dept                                                       6,197.13

Mar-Kit Landfill                                                             14,470.00

Mn State Dept-Correction                                             17,944.55

Northern Light Region                                                    3,044.63

R & Q Trucking, Inc                                                        2,575.00

Ranger GM                                                                   53,714.00

Roseau County Treasurer                                             7,023.58

Woody’s Service                                                            7,241.00

Ziegler, Inc                                                                     3,473.14

52 Payments less than 2000  25,241.73

Final Total: 184,904.07

Further moved to authorize the payment of the following auditor warrants: February 27, 2019 – $13,732.58- March 5, 2019- $157,037.15- March 6, 2019- $33,165.10.

Job Descriptions

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof, and carried unanimously to approve the revised Job Description for Deputy Auditor/Treasurer-License Clerk-Board Admin at grade 11, points 253.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the revised Job Description for Deputy Auditor/Treasurer- License Supervisor-Election at grade 12, points 267.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Waibel and carried unanimously to transition Erik Tange to the position of Deputy Auditor/Treasurer -License Supervisor- Elections at grade 12, points 267, $22.02 per hour effective June 1, 2019.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to authorize County Auditor/Treasure, Lorene Hanson and Human Resource Director, Savanna Slick to advertise, interview and hire Deputy Auditor/Treasurer at grade 11, step 1, $19.93 per hour, points 253.

Lost Warrants

Motion

Motion was made by Commissioner Nordlof, seconded by Waibel and carried unanimously to approve the application and affidavit for lost warrants for State of Minnesota, dated July 27, 2018 for $415.00 without furnishing indemnifying bond.

Motion

Motion was made by Commissioner Arnesen, seconded by Nordlof and carried unanimously to approve the application and affidavit for lost warrants for Jon Waibel, dated December 12, 2018 for $354.25 without furnishing indemnifying bond with Commissioner Waibel abstaining from voting.

Motion

Motion was made by Commissioner Waibel, seconded by Nordlof and carried unanimously to approve the application and affidavit for lost warrants for James Austad, dated June 15, 2018 for $17.55 without furnishing indemnifying bond.

Legislative Audit

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to support the following new language for Minnesota Statutes, section 6.56, the State Auditor must not bill or collect any outstanding amounts due, including interest, on any bill already issued for the cost of a supplemental calendar year audit for 2015  audit required by the auditor in the following counties: Clearwater, Hubbard, Kittson, Koochiching, Lake of the Woods, Pennington, Red Lake and Roseau and in addition, for the supplemental calendar year audit for 2016 for Lake of the Woods County.

(b) The commissioner of management and budget must refund any amounts, including interest, paid by a county for a supplemental audit subject to this section. Amounts necessary to make the refunds are appropriated in fiscal year 2019 from the general fund to the commissioner of management and budget for that purpose. This is a onetime appropriation.

(c) The commissioner must issue a refund within 30 days of documentation from a county verifying all amounts paid to the state auditor for the supplemental audit.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board to review Border to Border Trails which was presented to the board by DNR on February 12th.

Resolution

The following resolution was offered by Commissioner Arnesen, seconded by Commissioner Grund and carried unanimously to approve the following Resolution:

Lake of the Woods County

Resolution No. 19-03-01

Border to Border Touring Route Project

WHEREAS, Lake of the Woods County Board of Commissioners serve as the Road Authority for all County and Township road maintenance in Lake of the Woods County, and

WHEREAS, the session law from 2015 from the Minnesota Legislature mandated the Department of Natural Resources to develop a Border to Border Touring Route project “in northern Minnesota to work in conjunction with the Minnesota Four-Wheel Drive Association to address off-road vehicle touring routes”, and

WHEREAS, this project was conceived by the members of the Minnesota 4-Wheel Drive Association (MN4WDA) and they are a citizen lead, non-profit organization dedicated to creating new recreational opportunities for off-road vehicles and educating the public about safe and sustainable motorized recreation, and

WHEREAS, the proposed Border to Border Touring Route will cross the entire state of Minnesota from the North Dakota border to the shores of Lake Superior, and

WHEREAS, the Border to Border Touring Route project crosses Lake of the Woods County on various State, County and Township roads.

NOW THEREFORE BE IT RESOLVED, that the Lake of the Woods Board of Commissioners supports development of the Border to Border Touring Route project.

County Road 172

Commissioner Grund discussed County Road 172 informing Tim that a constituent called with concerns of flooding due to culvert issues. Tim informed the board that he will call the constituent with their concern.

Badger Road

The board discussed concerns of Badger road.

Motion

Motion was made by Commissioner Arnesen, and seconded by Commissioner Nordlof to authorize Public Works Director, Tim Erickson to take care of drainage and bill developer for the culverts with a road maintenance classification of C. Voting For- Commissioners Hasbargen, Grund, Arnesen and Nordlof, Abstained-Commissioner Waibel. Motion passes.

Newly Hired

Public Works Director, Tim Erickson informed the board that Jeff Otto was hired as a Heavy Equipment Operator Effective March 25, 2019 at grade 11, step 1, points 265 and $19.93 per hour.

Recess

The meeting was called to recess at 10:15 a.m. and reconvened at10:20 a.m.as follows:

MIS DIRECTOR

MIS Director Peder Hovland met with the board to discuss the VM Assessments and Servers which need to be updated.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the upgrade in the amount of $35,000 with $6,000 from the Enhancement Technology Fund and the remainder from the MIS technology fund.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board to discuss the process for county review of deeds or other instrument conveying of a parcel of land for transfer or division for conformity with the county’s land use regulations before the recording of deeds. Josh also discussed a request of funds from the remonumentation fund which is outside of the remonumentation boundary in Swift township. Josh will draw up a proposal and bring back to the board.

Resolution

The following resolution was offered by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the following resolution:

A RESOLUTION REQUIRING COUNTY REVIEW OF A DEED OR OTHER INSTRUMENT CONVEYING A PARCEL OF LAND FOR TRANSFER OR DIVISION FOR CONFORMITY WITH THE COUNTY’S LAND USE REGULATIONS

Lake of the Woods County

Resolution #19-03-02

WHEREAS, Minnesota Statute § 272.162 specifies the conditions when a local government may restrict parcel transfers or land divisions; and

WHEREAS, the 90th Legislature adopted Chapter 1 in the 2017 First Special Session, amending Minnesota Statute § 272.162; and

WHEREAS, the amended Minnesota Statute § 272.162 authorizes a county to review a deed or other instrument conveying a parcel of land for transfer or division before it is recorded, ensuring conformity with the county’s land use regulations; and

WHEREAS, a county’s review of a proposed land transfer or division will protect landowners from problems arising from property splits not compliant with zoning regulations or inaccurate parcel descriptions; and

WHEREAS, a county must choose to assume the authority to review deeds or other instruments conveying parcels of land for transfer or division; and

WHEREAS, the effective date of this Resolution shall be May 1, 2019, which will allow sufficient time for proper notification to certain parties; and

NOW, THEREFORE, BE IT RESOLVED, Lake of the Woods County requires the review of a deed or other instrument conveying a parcel of land for transfer or division for conformity with the county’s land use regulations before the county transfers or divides the land or its net tax capacity in the official records.

COUNTY ASSESSOR

County Assessor, Mary Jo Otten met with the board requesting a county issued Credit Card and Cell phone stipend for County Assessor Trainee, Tyler Swanson.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Arnesen and carried unanimously to approve a county issued credit card to Tyler Swanson with a limit of $1,500.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve a cell phone stipend for Tyler Swanson in the amount of $60.00 per month, effective April 1, 2019.

DNR

Baudette Area Wildlife Supervisor Scott Laudenslager, Red Lake Area Wildlife Manager Gretchen Mehmel met with the board and reviewed the past accomplishments and current projects in Lake of the Woods County.

PAUL BUNYAN TRANSIT

Paul Bunyan Transit, Executive Director, Lezlie Grubich and Operations Manager/Safety Coordinator, LuAnn Bleiler met with the board to thank them for the help of purchasing the new bus and to inform them that they found another driver for the area so they are in the process of expanding services out to Williams area and other possible transportation in the area. LuAnn informed the board that they will be advertising when the expansion service becomes available.

Northerly Park

The board discussed the Northerly Park and the proposed plan for a Visitor Center/Store.

RECESS

With no further business before the board, Chairman Hasbargen called the meeting to recess at 12:10 p.m.

Attest:                                                                                      March 26, 2019

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

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

Commissioner Proceedings

March 26, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 26, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Vice-Chairman 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 and Buck Nordlof. Absent; Cody Hasbargen and Ed Arnesen. Also, present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd and Woody Filia.

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- Lost Warrant and 911- Dispatch Position. Remove- Golden Gopher Drive.  

Approval of Minutes

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of March 12, 2019.

SOCIAL SERVICES

Social Services Financial Officer, Christine Hultman 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 $4,739.31, Commissioners Warrant’s $1,5811.81, Commissioners Warrant’s $21,984.21.

AUDITOR/TREASURER

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

Claims

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to approve the claims against the County as follows: Revenue $21,081.42, Road & Bridge $238,318.95, Forfeited Tax. $1,536.43, EDA, $630.77.

WARRANTS FOR PUBLICATION

Warrants Approved On 3/26/2019 For Payment 3/29/2019

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                    8,906.84

Deputy Registrar No.75                                           7,641.09

I-State Truck Center                                             116,759.00

Pb Distributing Inc                                                    4,257.25

Towmaster                                                            93,953.00

52 Payments less than 2000 30,050.39

Final Total: 261,567.57

Further moved to authorize the payment of the following auditor warrants: March 13, 2019 – $134,702.49- March 14, 2019- ($415.00)- March 20, 2019- $1,074.85.

Lake of the Woods County Fair Association

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund, and carried unanimously to approve the request of funds in the amount of $1,000.00 for Lake of the Woods Fair Association Rodeo for the 2019 Fair which will be held on July 17-20, with the funding from the Con-Con fund.

Lost Warrants

Motion

Motion was made by Commissioner Grund, seconded by Nordlof and carried unanimously to approve the application and affidavit for lost warrant for Kelsey Lancrain, dated September 28, 2018 for $82.72 without furnishing indemnifying bond.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting authorization to call for bids, purchase pickup and advertise, interview and hire seasonal equipment operators and seasonal engineering technicians.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to authorize Public Works Director, Tim Erickson to call for bids for SAP 039-601-032, SAP 039-603-024, SAP 039-606-018, and SAP 039-592-001.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to authorize Public Works Director, Tim Erickson to purchase a 2019 Ford Pick-Up as budgeted in the amount of $28,857.84 from Midway Ford.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to authorize Public Works Director, Tim Erickson to advertise, interview and hire for two (2) Seasonal Equipment Operator at Grade 7, step one, points 191, $15.96 per hour.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to authorize Public Works Director, Tim Erickson to advertise, interview and hire three (3) Engineer Technicians at Grade 5, step 1, points 172, at $14.30 per hour.

HUMAN RESOURCE

Human Resource Director, Savanna Slick and County Sheriff, Gary Fish met with the board requesting authorization to advertise, interview and hire for Full-time 911/Dispatcher. Gary informed the board that 911/Dispatcher, Larry Sipe put in his two weeks’ notice of termination of employment and that Larry requested that he have off from work his last day of employment with Lake of the Woods County.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to authorize Human Resource Director, Savanna Slick and County Sheriff, Gary Fish to advertise, interview and hire a full-time Dispatcher at grade 10, step 1, points 237, at $18.86 per hour.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to waive the personal policy requirements for 911/Dispatcher, Larry Sipe from working his last day per personal policy.

AMEND AGENDA

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to amend the agenda and remove Non-elected Department Head evaluation from the agenda.

SWCD

Soil & Water Conservation District Resource Technician Mike Hirst met with the board and reviewed the 2018 County Feedlot Officer Annual Report.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to approve the 2018 County Feedlot Annual Report and authorize Vice-Chairman, Jon Waibel to sign.

LAKE OF THE WOODS HUMANE SOCIETY

Lake of the Woods Humane Society members Kim Benike, Cassie Moore and Dale Holte met with the board to update the board on the shelter. Kim thanked the Commissioners for the financial support that the County contributes to the shelter.

RECESS

With no further business before the board, Vice-Chairman Waibel called the meeting to recess at 10:36 a.m.

Attest:                                                                                      April 9, 2019

__________________________________                            _________________________________

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