July 13, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, July 13, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Chair Joe Grund 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, Ed Arnesen, Buck Nordlof, and Jon Waibel.  Also present: County Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following additions: EDA NWA Funds, Add Item to Old/New Business.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 14, 2021.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of June 22, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $12,448.55; Commissioners Warrants $2,934.02; Commissioners Warrants $12,705.19.

AUDITOR/TREASURER
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 $50,311.63; Road & Bridge $508,788.89; County Development $21,435.50; Joint Ditch $4,133; Solid Waste $38,328.99; EDA $6,294.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 7/13/2021 For Payment 7/16/2021

Vendor Name Amount

Baudette/City Of 21,000.00

Bert’s Truck Equipment Of Moorhead, Inc 5,595.00

Cenex Co-Op Services, Inc. 9,462.25

Clark Equipment Co Dba Bobcat 73,304.40

Counties Providing Technology 3,940.00

Deputy Registrar No.75 5,512.00

Earthworks Contracting Inc 2,500.00

Election Systems & Software, Inc 3,675.00

Element Materials Technology 30,160.00

First State Tire Recycling 3,376.96

Headwaters Regional Development Commiss 6,250.00

Howard’s Oil Company 5,568.66

Hudson Electric LLC 4,100.00

LOW Highway Dept 9,065.50

Mar-Kit Landfill 17,759.25

Mark Sand & Gravel Co. 96,250.00

McCoy Construction & Forestry Inc 268,254.00

North East Technical Service,Inc 3,989.13

Pennington County Sheriff Office 3,104.11

Powerplan 2,044.68

R & Q Trucking, Inc 3,090.00

Titan Machinery – Roseau 2,361.97

Voyageurs Comtronics, Inc 2,904.99

WIDSETH 4,085.50

Woody’s Service 2,909.97

75 Payments less than 2000   39,029.20

                                                 Final Total: 629,292.57

Further moved to authorize the payment of the following auditor warrants: June 23, 2021 for $14,901.58; June 30, 2021 for $999,052.53; July 7, 2021 for $206,739.88.

County Owned Land Sale Resolution 2021-07-01

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

County Owned Land Sale
Resolution No. 2021-07-01

WHEREAS, pursuant to MS. 373.01, Lake of the Woods County offered unimproved nonconforming County-owned land for sale, parcel number 19-2531-119, described as follows: Commencing at the West 1/16^th corner on the East and West quarter line, 1312.6 feet South,  89°59’ 30” East of the quarter corner common to Section 25 and 26, Township 162 North, Range 32 West; thence South,  0°13’ East, along 1/16^th line 400 feet; thence at right angles to said 1/16^th line, North 89°47’ East, a distance of 600 feet to the point of beginning; thence South, 0°13’ East, parallel with 1/16^th line, 687.48 feet; thence South, 89°59’30” East, parallel with above quarter line, 180 feet; thence Northerly and parallel to the West line of said described tract, a distance of 522.92 feet; thence Westerly and parallel to the South line of said described tract, a distance of  110.22 feet; thence North, 0°00’30” East, a distance of 164.56 feet; thence Westerly, parallel with quarter line, 69.78 feet, more or less, to the point of beginning; said described tract lying all within Gov. Lot 3, Section 25, Township 162 North,  Range 32 West, and containing 2.42 acres, more or less. (Note: Not to be used on legal documents).

WHEREAS, the Lake of the Woods County Auditor/Treasurer notified adjoining landowners of said sale; 

WHEREAS, the Lake of the Woods County Board of Commissioners authorized the land sale, which took place on June 21, 2021 at 1:00 p.m., in the Lake of the Woods County Government Center Commissioners’ Room.

WHEREAS, the terms of the sale were cash/check, including applicable fees;

WHEREAS, all minerals and mineral rights were reserved by Lake of the Woods County;

NOW, THEREFORE BE IT RESOLVED, the highest bid was received and accepted from John Gustafson at $29,000.00

BE IT FURTHER RESOLVED, that Lake of the Woods County will issue a deed for the property to Harold J. Gustafson, a/k/a John Gustafson, and Kari Gustafson.

EDA NWA Funds
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Economic Development Authority Director to administer funds approved by legislature for Northwest Angle businesses affected by COVID-19.  

HUMAN RESOURCES
MIS Director/Maintenance Salary
It was the consensus of the Board to set a work session at the next board meeting to discuss the MIS Director/Maintenance Salary.

Environmental Specialist
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve employee Megan Thompson to Grade 9, Step 9, Points 232, $22.05 per hour effective 7/25/2021.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a counter-offer to a prospective employee of Grade 9, Step 9, Points 232, $22.05 per hour and an additional four days of vacation after the six-month probationary period.

SHERIFF
Coronavirus Emergency Response 2021 Grant Contract
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2021 Coronavirus Emergency Response Grant Agreement in the amount of $323,348.00 and for Sheriff Gary Fish and Board Chair Joe Grund to sign the same.

Update on Roseau Contract
Sheriff Gary Fish provided an update to the Board.  The arrangement with the Roseau County Sheriff’s Department will continue as is for now, there is no contract at this time.

PUBLIC WORKS
Highway
Refurbishing of Motor Grader
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve refurbishing of the Northwest Angle motor grader through the CAT Certified Rebuild Program at a cost of $260,880.34, to be paid out of the 2022 budget.

Amend Agenda
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the amendment of the agenda to add Approval of Gravel Contract.

Approval of Gravel Contract
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve a contract for gravel with LaValla Sand and Gravel at $10.50 per cubic yard, up to 8,000 yards a year for three years.

Update
Public Works Director, AJ Pirkl, provided an update to the Board on current road projects.

Solid Waste
Public Works Director, AJ Pirkl, is meeting with the Minnesota Pollution Control Agency (MPCA) at the landfill at 11:00 a.m.  The MPCA will return to the Government Center to discuss the demolition landfill today at 1:00 p.m.

PUBLIC HEARING

Exclusive Off Sale Intoxicating Liquor License – Border Bait LLC

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting at 10:05 a.m. and open the Public Hearing as advertised pursuant to MN Statue §340A.405, Intoxicating Liquor; Off-Sale Licenses, subd. (d).

Present were: Commissioners: Joe Grund, Cody Hasbargen, Ed Arnesen, Buck Nordlof, and Jon Waibel Also present County Auditor-Treasurer Lorene Hanson.  Other public in attendance were: Travis Barclay, David Bathel and Brandy Christian.

The Public Notice of Hearing was advertised for consideration of an Exclusive Off-Sale Intoxicating Liquor License to hear testimony by all parties present,  that this potential exclusive off sale premises will not be within the three mile boundary of any statutory or home rule city that has established a municipal liquor store before August 1, 1991 and is not located within the one mile of any boundary of a statutory or home rule city that had established a municipal liquor store before August 1, 1991. The location of the property 3372 State Hwy 172 NW, Baudette, MN, is zoned commercial and that it is where the potential exclusive off sale building is proposed to be located.  No correspondence was received for this public hearing.  David Bathel questioned how many liquor licenses were available in the County and proximity requirements of off-sale licenses.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to close the Public Hearing at 10:15 a.m. and open the regular session.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to allow and approve an exclusive off sale intoxicating liquor license to Ashley Ann Barclay, Border Bait Company LLC, effective July 13, 2021 thru June 30, 2022, contingent upon all requirements being met for the approval of the license application and approval of County Attorney James Austad and County Sheriff Gary Fish.

LAKE OF THE WOODS DRIFTERS
Funding Requests
Snow Trails
Randy Orton and Todd Barnes from the Lake of the Woods Drifters updated the Board on some infrastructure needs on the snowmobile trails.  Public Works Director, AJ Pirkl, will review options for repairs and this item will be brought back to the Board.

ATV Trails
Randy Orton and Todd Barnes from Lake of the Woods Drifters updated the Board on the Roseau/Lake of the Woods Sportsmans Club ATV/UTV Trails.  The trails currently go to the Faunce area and there is interest to continue trails through Lake of the Woods County and connect with trails in Koochiching County.  Public Works Director, AJ Pirkl, will review and this item will be brought back to the Board.

PUBLIC HEARING
Peter Jones Cartway 

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting at 11:07 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:  Auditor/Treasurer Lorene Hanson, and Surveyor Chad Conner.  In addition, attending the Public Hearing were: Attorney Steven Anderson, Terry Brown, David Bathel and Brandy Christian.

Attorney Steven Anderson representing Peter R. Jones, explained the procedures of establishing a cartway.  A petition was received from Petitioners:  Peter R. Jones (PID 19-2521-040) for a cartway to access landlocked property.  Attorney Steven Anderson acknowledged that the property is at least 5 acres and is landlocked. The County received the Certificate of Service for the affected land owners and the Affidavit of Service by U.S. Mail for neighbors of the proposed cartway. The County did post the public hearing as required.  

Attorney Steven Anderson stated that the petition seeks to establish a cartway pursuant to Minnesota Statute 164.08.  The description of the proposed cartway is: 

The West two (2) rods of the East 44 feet of the SW¼ NW¼, Section 25, Township 162 North, Range 32 West; and 

Commencing at the southeast corner of the S½ SE¼ NW¼ NW¼ of Section 25, Township 162 North, Range 32 West, thence westerly two (2) rods along the south boundary thereof to a point; thence in a north and easterly direction, along a 90 degree arc, to a point on the east boundary thereof, which point is two (2) rods north of said southeast corner; thence south along said east boundary line a distance of two (2) rods to the point of beginning;
The County Board reviewed the cartway request and heard comments from parties involved.  With further research needed including; a survey, figuring of damages and exploration of alternative routes for the cartway, the County Board decided to meet on the site of the proposed cartway on August 24, 2021 at 1:00 p.m. and then continue the Public Hearing on September 7, 2021 at 7:00 p.m. at the Lake of the Woods County Government Center in the Commissioners’ Room.

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the Public Hearing at 11:30 a.m. and reconvene the regular county board meeting.

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to meet on the site of the proposed cartway on August 24, 2021 at 1:00 p.m. and then continue the Public Hearing on September 7, 2021 at 7:00 p.m. at the Lake of the Woods County Government Center in the Commissioners’ Room.

ADD ITEM TO OLD/NEW BUSINESS
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to add Tourism/Lodging Tax to the OLD/NEW Business section of the agenda.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 11:35 a.m.

Attest: July 27, 2021

_________________________________ _________________________________

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