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COUNTY BOARD

October, 2019

Commissioner Proceedings

October 8, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 8, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chairman Cody Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, Buck Nordlof.  Commissioner Ed Arnesen joined the meeting at 9:30 a.m. Also, present were: County Auditor/Treasurer Lorene Hanson, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

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

Claims

Motion

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

Motion

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

AUDITOR/TREASURER

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

Claims  

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                       4,505.23

Counties Providing Technology                                  3,733.12

Four Mile Bay Hunting Club                                         4,000.00

Freeberg & Grund, Inc                                                7,590.00

Howard’s Oil Company                                               3,812.35

Interstate Engineering Inc                                         48,107.94

Johnson Auto & Machine                                            2,949.35

Klein McCarthy & Co, Ltd, Architects                     123,308.51

Koochiching County Sheriff                                      11,820.00

LOW Highway Dept                                                    5,668.54

Mar-Kit Landfill                                                          17,077.75

Northwest Community Action, Inc                            10,000.00

Northwest Tire Inc                                                      2,651.97

Nw Angle Edgeriders                                                 4,000.00

Powerplan                                                                  3,207.52

R & Q Trucking, Inc                                                     4,120.00

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

Strata Corp, Inc                                                           4,215.80

Voyageurs Comtronics, Inc                                        2,640.00

Widseth Smith Nolting&Asst Inc                                  4,425.00

Woody’s Service                                                        2,551.61

79 Payments less than $2,000                                  27,938.98

                   Final Total: 300,923.67

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


OPEB Agreement

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

Motion

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

Health Insurance Rates

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

Motion

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

MV Credit Card Point of Sale

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

Motion

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

Motion

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

Tobacco License

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

Motion

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

Extension Committee

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

Motion

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

Passports

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

Motion

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

Human resources

Training Program

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

Motion

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

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

Update

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

Wheeler’s Point Sewer District

Motion

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

JOINT DITCH MEETING

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

SOLID WASTE

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

LAND AND WATER PLANNING

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

Conditional Use Permit for Edward and Donna Fish

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

Project Proposal:  A Conditional Use Permit, as required by Section 401-B of the Lake of the Woods County Zoning Ordinance, to allow the applicant to operate a commercial business consisting of transient short-term rental of an existing structure in a Residential District (R1).

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan?                                                                                                                          YES (X) NO (  )  N/A (  )

Why or why not?  Allow rental in resort area.

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

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

Why or why not?  _____________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

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

Why or why not? ______________________________________________________

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

Why or why not? Existing county roads.

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

Why or why not? Resort and cabin area.

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

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

Why or why not? ______________________________________________________

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

Why or why not? To be hooked up to Sanitary District.         

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

Why or why not? ______________________________________________________

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

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

Why or why not? See #10.  

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate?                                                                                  YES (  )  NO (  )  N/A (X)

Why or why not? _____________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                 YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?               YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________   

17. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?            

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

Why or why not? ______________________________________________________

18. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?

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

Why or why not?  Parking adequate on site.

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public. 

The specific conditions of approval are as follows:  Subject to local lodging tax. Subject to Department of Health regulations.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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


Conditional Use Permit for Craig Haukaas

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan?                                                                                                                                          YES (X) NO (  )  N/A (  )

Why or why not?  Residential building.

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

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

Why or why not?  _____________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

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

Why or why not? ______________________________________________________

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

Why or why not? Existing county road.

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

Why or why not? Residential.

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

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

Why or why not? Existing lot and road.

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

Why or why not? ______________________________________________________   

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________   

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate?                                                                            YES (  )  NO (  )  N/A (X)

Why or why not? _____________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?          

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

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?

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

Why or why not? ______________________________________________________   

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?      

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

Why or why not? ______________________________________________________

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?

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

Why or why not? _______________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public. 

The specific conditions of approval are as follows:  __________________________________

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

            October 8, 2019                                              _____________________________________

                     Date                                                                                Cody Hasbargen

                                                                                                        Chair, County Board

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


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

Motion

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

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

LOUIS TAYLOR

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

CORRESPONDENCE

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

RECESS

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

Attest:                                                                                      October 8, 2019

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

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

Commissioner Proceedings

October 22, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 22, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chairman Cody Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present, Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, and Ed Arnesen.  Commissioner Buck Nordlof joined the meeting at 9:08 a.m. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

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

Motion

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

SOCIAL SERVICES

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

Claims

Motion

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

MFIP Biennial Service Agreement

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

AUDITOR/TREASURER

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

Claims

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name                                        Amount

Bowman Construction Co. Inc                                  80,000.00             

Cenex Co-Op Services, Inc.                                       4,804.88

Compass Minerals America                                        5,006.57

Freeberg & Grund, Inc                                              12,400.00

Johnson Auto & Machine                                            3,263.27

Outdoors Again                                                          2,907.81

Royal Tire Inc                                                              5,110.50

Titan Energy Systems, Inc                                          2,783.88

TOTALFUNDS                                                             3,000.00

University Of Mn                                                         9,222.51

50 Payments less than 2000                                     20,174.92

                    Final Total: 148,674.34

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

Cell Phone Stipend

Motion

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

Tax Forfeited Land Assessment

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

Parcel                                                           Pre & Post Forf.        Total Delinq.             Estimated          Minimum

Legal Description                                            Spec.Asmts             Amount Due           Market Value       Sale Bid      

17-0744-040  W½NW¼ of SE¼SE¼               $489.00                 $3,114.20               $36,200               $3,200

Sec 7, Twp 162, Rg 34

19-2614-011  S½S½N½SE¼NE¼                        $0                     $1,573.15               $10,000               $1,600

Sec 26, Twp 162, Rg 32

21-1233-030  Part of SW¼SW¼                      $350.00                 $4,065.16               $15,600               $4,100

Sec 12, Twp 161, Rg 34

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

21-1321-010  Part of NW¼NE¼ and

part of NE¼NW¼ Sec 13, Twp 161, Rg 34

22-1732-000  Part of NW¼SW¼                      $684.47                 $4,679.97               $34,500               $5,000

Sec 17, Twp 161, Rg 33

23-2533-020  S½N½SW¼SW¼                           $0                        $945.77               $12,800               $1,000

Sec 25, Twp 161, Rg 32

30-3111-000  NE¼NE¼                                     $48.00                 $1,831.03               $22,800               $2,000

Sec 31, Twp 160, Rg 31

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

Plat in Spooner

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

First Addition to East Beaudette

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

First Addition to Williams

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

First Addition to Williams

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

Second Addition to Williams

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

Second Addition to Williams

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

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

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

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

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

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

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

Payment includes timber value and certified special assessments to county.

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

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

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

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

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

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

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

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

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

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

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

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

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

Tax Forfeited Land Sale Resolution

Motion

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

TAX FORFEITED LAND SALE

RESOLUTION NO. 19-10-01

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

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

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

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

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

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

Update

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

TOURISM BUREAU

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

LAND AND WATER PLANNING

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


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

LAKE OF THE WOODS HUMANE SOCIETY

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

CORRESPONDENCE

The county board reviewed correspondence from Northwest Minnesota Foundation.

CLOSED SESSION

Motion

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

Motion

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

Motion

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

EMPLOYEE RECOGNITION

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

RECESS

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

Attest:                                                                                      October 22, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen