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COUNTY BOARD

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

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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 SE¼SW¼ 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  “Co-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 ¼) of the Northeast quarter (NE ¼), 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 ¼) of the Northeast quarter (NE ¼), and 30 acres in the Southeast (SE ¼) of the Northeast quarter (NE ¼) 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 ¼) of the Northeast quarter (NE ¼), 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