October 12, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 12, 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, Buck Nordlof, Jon Waibel, and Ed Arnesen attended by phone.  Also present: Auditor-Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with the following changes: Add: Gambling Permit/Auditor-Treasurer; Remove: Land& Water Planning.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the official and summarized minutes of September 28, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the following claims: Commissioners Warrants $8,698.32; Commissioners Warrants $3,028.56; Commissioners Warrants $7,538.03.       

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the claims against the County as follows: Revenue $66,674.49; Road & Bridge $27,117.11; County Development $312.17; Solid Waste $27,423.43; EDA $6,752.78. 

WARRANTS FOR PUBLICATION

Warrants Approved On 10/12/2021 For Payment 10/15/202

Vendor Name Amount

Agassiz Asphalt LLC 2,400.00

Cenex Co-Op Services, Inc. 12,092.07

Compudyne, Inc 2,371.42

Counties Providing Technology 3,926.97

Farmers Union Oil Co. 2,546.80

Headwaters Regional Development Commiss 6,708.22

Howard’s Oil Company 7,904.71

LOW Highway Dept 4,292.50

LOW Soil & Water Cons. Dist. 28,572.00

Mar-Kit Landfill 15,417.25

Motorola Solutions, Inc 3,336.10

Royal Tire Inc 4,301.84

University Of Mn 9,407.00

Voyageurs Comtronics, Inc 4,298.68

Woody’s Service 2,468.25

40 Payments less than 2000 18,236.17

Final Total: 128,279.98

Further moved to authorize the payment of the following auditor warrants: September 29, 2021 for $861,144.86; October 5, 2021 for $1.00; October 5, 2021 for $20,328.73 and October 10, 2021 for $167,887.01.

LexisNexis VitalChek Network Inc
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve an agreement with LexisNexis VitalChek Network Inc for credit card acceptance for the benefit of the Motor Vehicle and Driver’s License Services.

Insurance Caps

2022 Health Insurance Premiums and Caps were discussed.  The County Auditor/Treasurer was directed to do some more research and bring it back to the board for their next meeting.

Resolution – Set Public Hearing Date / Intent to Appoint Auditor/Treasurer

Resolution

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

RESOLUTION FOR INTENT OF APPOINTMENT OF THE OFFICE OF 

AUDITOR-TREASURER

RESOLUTION NO. 2021-10-01

WHEREAS; Minn. Stat. 375A.1205 allows a County Board to appoint certain offices including the County Auditor-Treasurer; and 

WHEREAS; the Lake of the Woods County Board of Commissioners recognizes the benefit to having appointed persons in the position of the County Auditor-Treasurer because it promotes efficiency and consistency of County business with individuals qualified to oversee a broad spectrum of complex issues within the Auditor-Treasurer’s Office; and 

WHEREAS; pursuant to Minn. Stat. 375A.1205, Subd. 1, the County Board intends to appoint a County Auditor-Treasurer under circumstances that there is a signed contract with the County Board and incumbent Auditor-Treasurer that the incumbent officer will be appointed to the position and retain tenure, pay, and benefits equal to or greater than length of service.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby notifies the public of its intent to appoint the office of County-Auditor-Treasurer; and

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners will hold a Public Hearing on Tuesday, November 9, 2021 at 10:00 a.m., during its regular board meeting regarding appointment of the Auditor-Treasurer with said appointment taking place by signed contract with the incumbent Auditor-Treasurer.

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the application and affidavit for lost warrant number 36085 for vendor number 6118 dated February 12, 2021 for $700.00 without furnishing indemnifying bond. 

Application for Exempt Gambling Permit

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call, the following:

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 21-10-02

WHEREAS; the National Wild Turkey Federation Struttin’ Blackbeards Chapter has submitted a Minnesota Lawful Gambling LG220 Application to Conduct Off-Site Gambling to be conducted on February 12, 2022, at the following establishment, which is located in Lake of the Woods County: River Bend Resort at the following address:

 3343 Red Oak Road NW, Baudette, MN 56623

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

PUBLIC WORKS

Highway

Regulating Parking on Main Avenue (CSAH 22)

Resolution

The following Resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the following: 

Resolution

Regulating Parking on Main Avenue (CSAH 22)  

Resolution No. 2021-10-03

WHEREAS, Lake of the Woods County Board has identified that diagonal parking shall be required on Main Avenue (CSAH 22) on the East side between First Street SE and Second Street NE.  Every vehicle parked on said avenue shall be parked with the front of the vehicle facing the curb at an angle of approximately 45 degrees, and;

WHEREAS, Lake of the Woods County Board has identified Parallel parking shall be required on Main Avenue (CSAH 22) on the West side between First Street SE and Second Street NE, and;

WHEREAS, Lake of the Woods County Board has identified any vehicle parking on the heretofore described avenue in violation of the designated parking area and shall constitute an obstruction to traffic.

NOW, THERFORE BE IT RESOLVED that the Lake of the Woods County Board recognizes this Parking Resolution effective as of Tuesday, October 12, 2021. 

Highway Update
County Engineer AJ Pirkl provided an update on the status of current projects.

Solid Waste Update
County Engineer AJ Pirkl provided an update on the landfill and MPCA update.  

County Surveyor

Add to Agenda:
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to add, County Surveyor to the Agenda.

Update

County Surveyor, Chad Conner provided an update on the projects he has been working on.

RECESS
The board recessed at 10:15 a.m. and reconvened at 7:00 p.m. with the following:

PUBLIC HEARING
Peter Jones Cartway 

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting at 7:00 p.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, County Attorney, Jim Austad and County Engineer AJ Pirkl.  In addition, attending the Public Hearing were: Attorney Steven Anderson, Terry Brown, David Bathel, Brandy Christian, Tim Lyon, Attorney Alan Fish.

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;

Attorney Steve Anderson informed the County Board that the petitioner has tried to obtain easements, but to date, has not been able to and would like to proceed with the Cartway.
The County Board reviewed the cartway request and heard comments from parties involved.  The County Board has researched alternative options and would like to research further.  Alternative options would be allowed if the County Board would find the alternative route to be:  less disruptive and damaging to the affected landowners and in the public’s interest.  

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the Public Hearing at 8:50 p.m. and reconvene the regular county board meeting.

Cartway Resolution

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

Resolution 

Acknowledging Entitlement of Cartway and 

Requiring a Bond or Other Security on a Cartway Proceeding

Resolution No. 2021-10-04

WHEREAS, the Lake of the Woods County Board of Commissioners, “Board” acting as the Wheeler township board, has received a cartway petition pursuant to Minn. Stat. § 164.08, subd. 2, from Peter R. Jones, “Petitioner” in which the petitioner asks the County Board to establish a cartway to their property across the lands of others; and

WHEREAS, the Petitioner is required to pay all costs associated with the establishment of a Cartway including, but not limited to compensation paid to the owners whose property is made subject to the professional costs deemed necessary by the Board for the establishment;

WHEREAS, pursuant to Minn. Stat. § 164.08, subd. 2 the Board may, by resolution, require the Petitioner to post a bond or other security acceptable to the board for the total estimated damages before the town board takes action on the petition;

WHEREAS, the Board, considering costs such as attorney fees, surveyor fees, appraiser fees, property costs, recording fees, hearing costs, and other administrative costs, determines that the total estimated damages and costs associated with the establishment of the petitioned for Cartway is $10,000 at this time;

NOW, THEREFORE, BE IT RESOLVED by the Lake of the Woods County Board of Commissioners acting as the town board of Wheeler Township, Lake of the Woods County, Minnesota that Peter R. Jones as the Petitioner, must post an escrow before further action, in the amount of $10,000, which is an estimate of damages associated at this point in establishing the Cartway, with the Board before it will take further action on the petition.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 8:50 p.m.

Attest: October 26, 2021

_________________________________ _________________________________

Auditor-Treasurer, Lorene Hanson Chair of the Board, Joe Grund