April 11, 2017
pursuant to MN. Statute 331A.01, subd. 10
the published material is only a summary and the full text is available for public inspection
at the lake of the woods county auditor/treasurers’ office
or by standard mail or electronic mail or lake of the woods county
The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 11, 2017 at Lake of the Woods County Government Center in the Commissioners’ Room.
Call to Order-Vice- Chairman Arnesen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ken Moorman, Cody Hasbargen, Jon Waibel, and Ed Arnesen. Absent: Buck Nordlof. Also present were: County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Janet Rudd, and Woody Fiala.
Approval of Agenda-Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to approve the agenda with the following additions: Beltrami / Lake of the Woods County’s Partial abandonment Judicial Ditch, Beaver Dam, Judicial Ditch 26, 28 and County Road 72, Beaver Dam-Kelly Creek, Arrowhead Library System, Take A Kid Fishing and Liquor License approval.
Approval of Minutes-Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the official and summarized minutes of March 28, 2017.
LAKE OF THE WOODS SCHOOL-Radio Antenna
Lake of the Woods School Maintenance Supervisor, Reed MacFarlane met with the board requesting permission for moving the Schools Radio Communication system from the Tower on the Lake Road to the County’s Tower over by Erickson’s Mill. Reed explained that many years ago when Mr. Sjoberg acquired the tower on the Lake Road he told the school that as a community service he would allow the School to place an antenna on his tower at no cost, later when the tower was sold to Crown Castle, they stated that they would not honor any prior agreements and that the school would have to pay a quarterly rental fee. At this tower there is no backup generation system. Where the County tower does have back-up system, the Schools radio system is a very intricate part of the County’s Emergency Drills, the school buses are also part of the plan as well as the School being designated as a temporary relief center in case of wide spread loss of power or some other disaster. Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to authorize Lake of the Woods School District the use of Lake of the Woods County tower located approximately 3 miles east of town on HWY 72, located by Erickson Mill at no cost and authorize County Auditor/Treasurer, Lorene Hanson to enter into an agreement contingent approval of County Attorney, James Austad.
ARROWHEAD LIBRARY SYSTEM/TAKE A KID FISHING-The board reviewed the budget from Arrowhead Library System and requested that Executive Director Jim Weikum, and Appointed Board Member, Ron Rudd meet with the board and give an update on the Library System.
Take A Kid Fishing-The board reviewed the letter of request from Take A Kid Fishing Committee requesting the county’s support for the upcoming event being held on June 21. Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to support the Take A Kid fishing day and approve payment as budgeted of $600.00 from the Con-Con funds.
LAND AND WATER PLANNING-Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to authorize Chairman Nordlof to sign the letter in regards to HF 888/SF723 and to send to Governor Dayton and authors of the HF888 and SF 723.
Beltrami/Lake of the Woods Judicial Ditch-Land and Water Director, Josh Stromlund met with the board and informed the board that he has spoken to Beltrami County Engineer, Bruce Hasbargen and that Beltrami County will be moving forward with the judicial ditch abandonment on the Northern Border of Beltrami and Lake of the Woods Southern border, so therefore a Judicial Ditch Committee will be formed.
AMEND AGENDA-Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to amend the agenda and add Buffer Strip Resolution.
BUFFER RESOLUTION-The following Resolution was offered by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously the following resolution: OPPOSING CURRENT STATE BUFFER STRIP LEGISLATION Resolution No. 17-04-01
WHEREAS, Minnesota Legislature has passed the MN Statute 103F.48 to develop a statewide program to provide riparian protection through the use of vegetative buffer strips, stating that landowners owning property adjacent to a water body identified and mapped on a buffer protection map must maintain a buffer to protect water resources, and WHEREAS, this has caused a large number of Lake of the Woods County landowners to voice their concerns with this legislation to their local County Commissioners, such as: Restricting use of land by landowners
- Placing unfunded costs to meet these requirements on landowners and in most cases lessening in the value of a landowners’ property
- That there is no substantive proof that by implementing this buffer system that it will improve water quality as is intended
- That this legislation violates a landowner’s constitutional rights as taking land without proper consideration given for the property
- That many landowners would accept common sense legislation as to alternative practices for buffer on ditch inlet areas versus an arbitrary buffer along an entire ditch system where water from that area next to the ditch do not drain directly into the ditch system
- That control over managing and implementation should be solely at the Counties discretion
- That the cost to implement this legislation is solely and unfairly placed on the landowners to implement and will cause a financial burden to implement and maintain with future losses from inabilities to plant desired crops for profit on these acres
NOW THEREFORE BE IT RESOLVED, that Lake of the Woods County Board of Commissioners hereby strongly oppose the current legislation as stated under MN Statute 103F.48 and request that the Minnesota Legislature, along with Governor Dayton’s support, overturn this legislation or at minimum to modify the current legislation to pay for all costs, present and future, to landowners that are mandated to comply and to allow for common sense alternative practices for landowners to provide buffers on ditch inlets versus an entire system where it can be shown that the water from those adjacent areas do not drain directly into a ditch system.
SOCIAL SERVICES-Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the claims against the county as follows: Commissioner Warrants-$11,914.85, Commissioner Warrants-$4,682.64, Commissioner Warrants- $7,327.25.
Little Brother Little Sister Program-Social Service Director, Amy Ballard requested authorization to disburse the budgeted amount of $20,000 to Northwest Community Action for the Little Brother Little Sister Program. The consensus of the board was to pay the $20,000 as discussed in budget meeting.
SHERIFF-Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to authorize County Sheriff, Gary Fish to sign the Mutual Aid Agreement with the City of Baudette pursuant to MN Statute § 471.59.
EMERGENCY MANAGEMENT-Emergency Director, Jill Olson met with the board to discuss the previous approval from October 11, 2016 to purchase consollette for the Sheriff’s Office, with funding from the 911 account. Jill explained that the consollette price is $5,612.25, which is over the approved amount by $612.25. Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve an additional $612.25 for consollette with the funding from the 911 account with the total purchase price of $5,612.25.
Recess-The meeting was called to recess at 10:20 a.m. and reconvened at 10:25 a.m. as follows:
PUBLIC WORKS –Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to authorize Public Works Director, Tim Erickson to advertise for the following bids for construction of S.A.P. 039-608-023, S.A.P. 039-614-008 and S.A.P. 039-625-006.
Motion-Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to authorize Public Works Director, Tim Erickson to advertise, interview and hire seasonal help, for 2017 summer.
BEAVER DAM/KELLY CREEK-George Swentik met with the board to discuss the water issues that is re-occurring on a parcel of his land. Public Works Director, Tim Erickson will take care of the issue as soon as possible.
JUDICIAL DITCH 26,28 and County Road 72
Public Works Director, Tim Erickson updated that board on the following:
- Judicial Ditch 26- brushing contract complete, bumps out and dams gone
- Judicial Ditch 28/County Road 72- surveyors are out waiting to hear form Attorney Kurt Deter to make sure maintenance can be done since Co. Road 72 is within the Judicial Ditch 28 area.
NWA SCHOOL-Cindy Renfrow, representing the NWA School Committee met with the board and updated them on the meeting with State Representative Dan Fabian and Matt Grossell. She also informed the board of the poor condition of the school and requested support for HF 1089, for appropriation of money to the Warroad School District, to construct, furnish, and equip an expansion of the Northwest Angle School.The following resolution was offered by Commissioner Arnesen, seconded by Commissioner Moorman and moved for adoption: Grant to Warroad School District 690 for Expansion of Northwest Angle School Resolution No. 17-04-02 WHEREAS, Minnesota State Legislature House File 1089 relating to capital investment, appropriating money for expansion of the Northwest Angle School in Warroad, and located within Lake of the Woods County; WHEREAS, the appropriation of $700, 000 is appropriated from the bond proceeds fund to the commissioner of education for a grant to the Warroad School District to construct, furnish, and equip an expansion of the Northwest Angle School. No matching funds required; NOW THEREFORE, BE IT RESOLVED, that Lake of the Woods County Board of Commissioners is in support of House File 1089 for the expansion for the Northwest Angle School with the grant money from the Commissioner of Education to the Warroad School District.
COUNTY AUDITOR/TREASURER-Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the claims against the county as follows: Revenue $35,566.30- Road & Bridge $13,376.75-Co. Development $1,656.00- Natl Resc. Enhanc- $2,300.00-Solid Waste, $25,207.96- EDA, $4,425.23.
WARRANTS FOR PUBLICATION
Warrants Approved On 4/11/2017 For Payment 4/14/2017
Vendor Name Amount
Arrowwood Resort 2,946.06
Cenex Co-Op Services, Inc. 5,594.57
Computer Professionals Unlimited Inc 3,310.00
Headwater Regional Development Commiss 4,072.67
Lake Area Construction Inc 4,025.70
LOW Highway Dept 2,210.00
Mar-Kit Landfill 12,078.00
Pb Distributing Inc 3,413.10
Widseth Smith Nolting&Asst Inc 5,039.33
Woody’s Service 3,194.52
60 Payments less than 2000 30,331.37
Final Total: 82,532.24
Further moved to authorize the payment of the following auditor warrants: March 29, 2017 – $16,737.43, April 5, 2017- $12,615.14.
Liquor License-Motion was made by Commissioner Moorman, second by Commissioner Waibel and carried unanimously to approve Oak Harbor Golf Course Seasonal On-Sale Liquor License effective April15, 2017 thru October 15, 2017 contingent approval of County Sheriff, Gary Fish and County Attorney, James Austad. Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the 3.2 Off Sale Malt Liquor License and Cigarette License effective June 1, 2017 thru June 30, 2018 for Log Cabin Bait contingent upon the sale and approval of County Sheriff, Gary Fish and County Attorney, James Austad
RECESS-With no further business before the board, Vice – Chairman Arnesen called the meeting to recess at 12:00 p.m.
Attest: April 11, 2017
Deputy Auditor/Treasurer, Janet Rudd Vice -Chairman of the Board, Edward Arnesen