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COUNTY BOARD

September, 2014

Commissioner Proceedings

September 9, 2014

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 9, 2014, in the Commissioners’ Room at the Government Center.

Call to Order

Chair Beckel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners, Buck Nordlof, Ken Moorman, Ed Arnesen, Patty Beckel and Tom Hanson.  Also present were: County Auditor/Treasurer, Mark Hall, and Deputy Auditor, Janet Rudd.

Approval of Agenda

Motion

Motion was made by Commissioner Hanson to approve the agenda with the following additions: travel for Barry Baily, S E H contract, City of Williams, Board of Appeal and Equalization training, and Arrowhead Library. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Approval of Consent Agenda

Motion was made by Commissioner Moorman to approve the consent agenda as follows: Christine Hultman to St. Cloud on September 9-10 for SSIS Fiscal mentor meeting; Shelley Phillippe and Cassondra Brune to St. Could on September 23-26 for MWFCAA Annual Conference; Mary Jo Otten to Duluth on September 21-24 for MAAO Conference; Barry Bailey to St. Cloud on September 9-10 for tire disposal.

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

Approval of Minutes

Motion was made by Commissioner Moorman to approve the minutes of August 26, 2014 regular meeting. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

Auditor/Treasurer

Claims

County Auditor/Treasurer, Mark Hall and Chief Deputy Auditor, Lorene Hanson met with the board requesting approval of claims:

Motion was made by Commissioner Moorman to approve the claims against the county as follows:

                                                       Revenue                                 $23,420.52

                                                            Road and Bridge                  $87,506.29

                                                            Co. Develop                          $  3,004.74

                                                            Natl. Resc Enhan                $  1,400.00

                                                            Solid Waste                          $25,569.16

                                                            EDA                                        $  4,034.90                  

                                                          $144,935.61

WARRANTS FOR PUBLICATION

Warrants Approved On 9/09/2014 For Payment 9/12/2014

Vendor Name                                                                                       Amount

Burg Electronic Recovery                                                  9,750.00

Cenex Co-Op Services, Inc.                                           12,488.27

Fort Distributors Ltd                                                         31,948.48

Howard’s Oil Company                                                     2,879.79

Johnson/Ben                                                                      2,116.78

Lavalla Sand & Gravel Inc                                                 9,605.00

LOW Highway Dept                                                            5,912.23

Mar-Kit Landfill                                                                  10,581.30

Mesabi Bituminous, Inc.                                                     2,460.50

Northwest Mn Multi-County Hra                                        5,000.00

Nuss Truck & Equipment                                                 11,002.90

Widseth Smith Nolting&Asst Inc                                       6,487.01

Woody’s Service                                                               5,469.65

62 Payments less than 2000   29,233.70

Final Total:  144,935.61

                                                         $144,935.61

Further moved to authorize the payment of the following auditor warrants:

August 27,     2014         $     58,685.25

September 4, 2014          $   131,189.16

                                                September 4, 2014          $       4,598.97

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

Vendor Payments

Commissioner Hanson discussed the local vendor payments for fuel that the county charges and the timing of County Board meetings for payment. Commissioner Hanson queried the board why these bills cannot be paid by an Auditor’s warrants, for fuel is a necessity for the county to operate.

Motion

Motion was made by Commissioner Hanson to authorize fuel bills for operational expenses to be classified as utilities and be paid by Auditor Warrants due to timing of county board meeting dates. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Land Sale

County Auditor/Treasurer, Mark Hall met with the board requesting approval for a County Land Sale. The following items were discussed: land sale minimum bids, notice of public sale of tax forfeited lands, terms of sale and resolution of support of tax forfeited land sale.

Motion

Motion was made by Commissioner Moorman to approve the list of tax forfeited lands and minimum bids as reviewed. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

Motion

Motion was made by Commissioner Hanson to approve the following terms of the Tax Forfeited Land sale that will be held on October 6, 2014 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; Deed filing fee, 19.50; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50 (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.

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.

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

Publication of Land Sale

County Auditor/Treasurer, Mark Hall met with the board requesting approval to set the date and time for the Tax-Forfeited Land Sale.

Resolution

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

NOTICE OF PUBLIC SALE OF TAX-FORFEITED LANDS

Resolution No. 2014-09-01

NOTICE IS HEREBY GIVEN, that the parcels of land described in the List of Tax-Forfeited Land that is contained herein shall be sold to the highest bidder at public sale. The sale will be governed by the provisions of MS 282.01 and by the resolution of the Lake of the Woods County Board of Commissioners authorizing the sale. The resolution reads as follows:

BE IT RESOLVED,  that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at 1:00 p.m. on October 6, 2014 , by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

BE IT FURTHER RESOLVED, that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Lake of the Woods County Board of Commissioners.

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

Classification of Land

County Auditor/Treasurer, Mark Hall requested approval for the tax forfeited land to be classified as non-conservation lands.

Resolution

The resolution was offered by Commissioner Moorman and moved for adoption:

 TAX FORFEITED LAND SALE

RESOLUTION NO. 14-09-02

BE IT RESOLVED,  that all parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be classified as non-conservation land; that the basic sale price of each parcel on the List of Tax-Forfeited Land, that is on file with the Clerk of the County Board, be approved and authorization for a public sale of this land be granted, pursuant to MS 282.01; that the sale will be held at  1:00 p.m. on October 6, 2014, by the Lake of the Woods County Auditor/Treasurer at the Lake of the Woods County Courthouse, for not less than the basic sale price; and that all sales shall be full payment or on the terms set forth on the List of Tax-Forfeited Land.

The question was on the adoption of the resolution, and there were 5 yeas and 0 nays as follows:

County of Lake of the Woods

Board of County Commissioners                   YEA                NAY              ABSENT

Thomas Hanson                                              x

Patricia Beckel                                                x                                                                     

James Nordlof                                                 x

Kenneth Moorman                                          x                                             

Edward Arnesen                                             x         

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

Lakewood Health Center

County Auditor/Treasurer Mark E. Hall met with the board requesting approval to enter into an Agreement with LakeWood Health Center for recruitment/retention schedule for employed physician and per advanced practice clinician. Mark informed the board that this contract was approved by County Attorney, James Austad.

Motion

Motion was made by Commissioner Moorman to approve the LakeWood Health Center Agreement for recruitment/retention schedule for employed physicians and advanced practice clinician to up to $45,000 for the years of 2014, 2015, 2016 and 2017 with $10,000 per physician and $5,000 for per advanced practice clinician and authorize Chair Beckel and County Auditor/Treasurer Mark Hall to sign. The motion was seconded by Commissioner Nordlof and the same being put to a vote, was unanimously carried.

County Board of Appeal and Equalization Trained Members

County Auditor/Treasurer Mark E. Hall met with the board to inform the board that a certification needs to be signed stating that at least one board member has attended the Board of Appeal and Equalization training in the past four years.

Motion

Motion was made by Commissioner Arnesen to authorize County Auditor/Treasurer, Mark Hall to sign the Department of Revenue’s Board of Appeal and Equalization Trained Board Member Certification. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Arrowhead library

Chair Beckel informed the board that they received a letter from  Executive Director, Jim Weikum from Arrowhead Library System notifying them that Commissioner Hanson term will be expiring on December 31, 2014 and to have the county’s appointment to them no later than November 14, 2014, this would be a (3) three year term. The board placed this on September 23rd board meeting.

Social Services

Claims

Social Service Director, Nancy Wendler met with the board requesting approval of claims as follows:

Motion

Motion was made by Commissioner Arnesen to approve the following claims against the county:

                                                Commissioners’ Warrants          $   19,014.29

                                                Commissioners’ Warrants          $   10,861.27

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

Human Resources

Human Resources Assistant, Dena Pieper met with the board to update them on the cost of membership to Trusight; a company that works with Human Resources, such as grading of job descriptions and back ground checks, and more; the cost for a yearly membership is $1,150  for 50-100 employees annually. The board requested that Dena check to see if the county joined now if they could pay the last quarter. The consensus of the board was to join for 2015 membership with Trusight.

HOUSING DEVELOPMENT

Chair Beckel discussed the joint meeting for the Proposed Housing Development and was asked for the board to pick three dates that would work to meet with the City of Baudette, IDC and EDA board.

MN DOT LEASE

Commissioner Hanson informed the board that he has not heard from Verizon on the possibility for a tower lease.

RECESS

The meeting was called to recess at 10:20 a.m. and reconvened at 10:25 a.m. as follows:

SHORT ELLIOT HENDRICKSON

Chair Beckel informed the board that the contract with S E H is ready to be signed for the work at the potential NWA Airport to complete the wetland delineation and the borings.

Motion

Motion was made by Commissioner Arnesen to authorize Chair Beckel to sign the S E H contract to perform Architectural, Engineering and /or other Professional Services for the project at Lake of the Woods County for the potential Northwest Angle Airport for Preliminary Engineering, Wetland Delineation, Topographical Survey and Soil Borings contingent upon the approval of County Attorney, James Austad. The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

CITY OF WILLIAMS

Commissioner Moorman informed the board that he attended the City of Williams Council meeting and they had concerns about the following:

  • Tax Forfeited Lands in the City of Williams-  flowing wells inflow into sewer system- County Auditor/Treasurer, Mark Hall will contact a qualified individual to check on this;
  • Tax Forfeited Property – Un-mowed lawns- County Auditor/Treasurer will look to find someone to mow the forfeited lots;
  • Law’s Property- Mowing- This is not State Forfeited Property, this would fall under the City of Williams jurisdiction
  • Old Williams School Demolition- contingent upon funding and bound by regulatory constraints.

SERVER TRAINING SPONSOR

Chair Beckel discussed a request from a local resort owner inquiring if the county could offer On-Line training for serving alcohol vs class room training, for it is difficult to get employees at class room training due to time-off and work schedules. The advantages of on-line training are the individual can take the course when it fits their schedules, not others. The training provides raising public awareness of the laws that sellers and servers of alcohol must abide by, best practices, discounts for dram shop liability, promoting community environment that proactively discourages sale/service to minors and over-service of alcohol to adults. Chair Beckel will explore more opportunities to see if this would be a good fit for our area.

LAKE OF THE WOODS COUNTY CORONER

County Coroner

County Sheriff, Gary Fish met with the board and introduced Lake of the Woods County Coroner, Mary Ann Sens to the county board. Chair Beckel thanked Dr. Sens on behalf of the county for taking on the duties of coroner for Lake of the Woods County.

CJDN-BCA Contract

County Sheriff, Gary Fish met with the board requesting approval to enter into a Court Data Service Subscriber Amendment to CJDN Subscriber Agreement.

Motion

Motion was made by Commissioner Nordlof to enter into an amendment agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension and Lake of the Woods on behalf of its Sheriff’s Office and the State Court Administrator Office for use of BCA systems and tools to access and/or submit Court Records to assist the Sheriff’s office in the efficient performance of its duties as required or authorized by law or court rule. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

Jail Inspection

County Sheriff, Gary Fish met with the board and informed the board that they were inspected by the Minnesota Department of Corrections and were informed that they were out of compliance due to the age of the jail facilities that are out of code; the Correction Department will start a paper trail on the incompliances issues.

Keyless Entry Access

County Sheriff, Gary Fish met with the board and requested that the Baudette Police Department be allowed to have access to the building. The consensus of the board was to allow the Baudette Police Department to have access to the Government Center; non-employees need to have a system in place when they leave service for turning in their access card. The board discussed an Employee Security Policy with Emergency Management Director, Nina Husbands. Nina will draft a policy and bring back to the board for their approval.

MN DEPARTMENT OF PUBLIC SAFETY GRANT

Emergency Management Director, Nina Husbands met with the board requesting approval to enter into a grant with the MN Department of Public Safety for Wages and Benefits for Emergency Management Director.

Motion

Motion was made by Commissioners Nordlof to authorize Emergency Management Director Nina Husbands and Chair Beckel to sign the Emergency Management Performance Grant 2014, Grant effective January 1, 2014 thru December 31, 2014 in the amount of $14,095, grant number A-EMPG-2014-LOTW-CO-00042. The motion was seconded by Commissioner Moorman and the same being put to a vote, was unanimously carried.

SWCD

Aquatic Invasive Species Prevention Aid

Lake of the Woods Soil & Water Conservation District Resource Technician, Mike Hirst met with the board to discuss the state’s Aquatic Invasive Species Prevention Aid.  He discussed funding and SWCD’s interest in utilizing the Keep It Clean Committee to provide recommendations on the best use of these funds in the county.  He also discussed the possibility of applying for more grant funds through the Initiative Foundation and the Northwest Minnesota Foundation to address the aquatic invasive species education and management needs in the county with the possibility of utilizing the state’s dedicated funding as a match.  The consensus of the board was to have Mike look into the Initiative Foundation and Northwest Minnesota Foundation for grants.

Hirst also presented a joint SWCD / County letter that’s been drafted to send to State Representative Roger Erickson and Senator Rod Skoe on the Aquatic Invasive Species Prevention Aid. Currently county funding is allocated by 50% based on each county’s share of watercraft trailer launches and 50% based on each county’s share of watercraft trailer parking spaces. The formula that the State choose did not include fishing pressure data, parking overflows during peak spring and fall fishing, nor accurate information on public accesses in the county.

Motion

Motion was made by Commissioner Moorman to authorize Chair Beckel to sign the letter of concerns regarding the omnibus tax bill, Chapter 308 H.F. No 3167 for Aquatic Invasive Species Prevention Aid. The motion was seconded by Commissioner Norldof and the same being put to a vote, was unanimously carried.

CLOSED SESSION

Motion was made by Commissioner Moorman to close the regular meeting at 12:01 p.m. and open the closed session pursuant to MN Statue §13D.03, subd. 1 (b), – Union Negation’s.  The motion was seconded by Commissioner Hanson and the same being put to a vote, was unanimously carried.

The following were present: Commissioners Arnesen, Beckel, Hanson, Moorman and Nordlof, Human Resource Assistant, Dena Pieper.

Motion was made by Commissioner Hanson to close the closed session and open the regular meeting at 12:15 p.m. The motion was seconded by Commissioner Arnesen and the same being put to a vote, was unanimously carried.

RECESS

The meeting was called to recess at 12:16p.m. and reconvened at 1:30 p.m. as follows:

2015 BUDGET

Chair Beckel reviewed the 2015 Budget with the board.

With no further business before the board, Chair Beckel called the meeting to recess at 2:30 p.m.

Attest:                                                                                     Approved: September 23, 2014

________________________                                                _________________________________

Janet E. Rudd Deputy Auditor                                              Patty Beckel, Chair of the Board