Lake of the Woods (MN) County Board Proceedings

COMMISSIONER PROCEEDINGS MARCH 27, 2018 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 WEBSITE -www.lake-of-the-woods.mn.us The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 27, 2018 at Lake of the Woods County Government Center in the Commissioners’ Room. CALL TO ORDER-Chairman Arneson 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, Ed Arnesen and Jon Waibel. 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 Waibel and carried unanimously to approve the agenda with the following additions: Volunteer Driver Program, Easement, Emergency Management. APPROVAL OF MINUTES-Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the official minutes of March 12, 2018 minutes. Motion was made by Commissioner Hasbargen, seconded by Commissioner Moorman and carried unanimously to approve the official and summarized minutes of March 13, 2018. SOCIAL – Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $14,875.63, Commissioners Warrants $1,233.95, Commissioners Warrants $2,065.54.Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the contract between Lake of the Woods County Social Services and Sanford Behavioral Health- TRF for the provision of Community Based Services (CBS), Adult Rehabilitative Mental Health (ARMHS) and Clinic Based Behavioral Health Services for 2018 and authorize Chairman Arnesen and Social Service Director, Amy Ballard to sign. Volunteer Driver Program-Chairman Arneson and the board reviewed the draft letter that Social Service Director, Amy Ballard prepared in regards to the volunteer driver program that is run by the Social Service department. This program allows residents that are on medical assistance is to have access to a driver to take them to medical appointments out of town. The ruling from DHS now is that they should submit 1099’s to the volunteer drivers program. With this change, the department has lost volunteer drivers, which they were short on before this ruling came about. Chairman Arnesen requested that this letter be sent to our Federal and State Representatives. Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to authorize Chairman Arnesen to sign the Volunteer Drivers letter. HEADWATERS REGIONAL DEVELOPMENT COMMISSION(HRDC)-HRDC Operations Director, Mary Thompson met with the board to update the board on the Baudette Housing Complex Project for a 24-unit rental property. Mary informed the board that the Northgate Apartment Complex did receive the Minnesota Housing Finance Agency deferred loan for $500,000 as long as it runs as an apartment complex. Mary requested that the County contribute $125,000 towards this project and will speak with the Lake of the Woods EDA requesting a loan for $150,000 for a term of twenty (20) years. The consensus of the Board was that they are in support of the project. LAKE OF THE WOODS TOURISM-Lake of the Woods Tourism Director, Joe Henry met with the board and updated the board on the Tourism Bureau activities. SHERIFF/EMERGENCY MANAGEMENT- Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the 2018 State Boat & Water Grant effective January 1, 2018 thru June 30, 2019, in the amount of $8,039 and authorize Chairman Arnesen, County Sheriff, Gary Fish and County Auditor/Treasurer, Lorene Hanson to sign. EMERGENCY MANAGEMENT -Emergency Management Director, Jill Olson met with the board requesting approval for the Emergency Operation Plan, MNWALK and Annex C. Commissioners Hasbargen and Arnesen previously reviewed the plan and recommended to approve. Chairman Arnesen informed the board that there is even a Demo Plan for disasters, but yet other State Agencies will tell you that you cannot have a demo pile and feels that this needs to be addressed with the State. Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the Emergency Operation Plan as recommended by the committee and authorize Chairman Arnesen and Emergency Management Director, Jill Olson to sign. Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to approve the MNWalk and authorize Chairman Arnesen to sign. Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the Annex C-Emergency Public Information and authorize Chairman Arnesen to sign. Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to establish an Emergency Management Committee and appoint Commissioner Arnesen and Commissioner Hasbargen to the Emergency Management Committee. DITCH AUTHORITY-Motion was made by Commissioner Moorman seconded by Commissioner Waibel and carried unanimously to close the regular meeting at 10:57 a.m. and open the Ditch Authority at 10:48 a.m. Judicial Ditch 16-Chairman Arneson discussed Judicial Ditch 16 re-assessments and the board requested that this be placed as a high priority. County Auditor/Treasurer, Lorene Hanson informed the board that the office has been working on the assessments and requested that the Ditch Authority set the amount of assessments they need. The plan is to have this ready for the 2019 assessment year. Judicial Ditch 7 -Chairman Arneson discussed the inquiring of the abandonment process of the drainage system by Marshall Nelson. Marshall informed the board that there are two things going on; One (1) the Buffer Law requirements along ditches and Two (2) that he also found out that if the ditch is abandoned, no one in the future would have the right to petition to do repairs on the ditch. He will put the Buffer in and withdraw his request of abandonment of Judicial Ditch 7. The board discussed the work that needs to be done on Judicial Ditch 7 and when Public Works has a plan to bring back to the Ditch Authority. Ditch 13-The board discussed Ditch 13 and the drainage issues. Chairman Arnesen requested the research be done on Ditch 13 and come back to the Ditch Authority for recommendations, options and discussion. PUBLIC WORKS-Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to authorize Public Work Director, Tim Erickson to purchase a compressor in the amount of $2,899. Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to authorize Public Works Director to advertise, interview and hire four (4) seasonal employees. AMEND AGENDA-Motion was made by Commissioner Waibel seconded by Commissioner Arnesen and carried unanimously to amend the agenda and add Light Fixtures for Landfill Shop. Light Fixtures-Public Works Director, Tim Erickson informed the board that there is a need to replace the Light Fixtures at the Landfill Shop. Tim received a quote from LaValla Electric for twelve (12) LED lights in the amount of approximately $4,000 which was not budgeted. Motion was made by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to authorize Public Works Director, Tim Erickson to replace the lighting with twelve (12) new LED light fixtures in the amount up to $4,800 from the Solid Waste Maintenance funds. COUNTY AUDITOR/TREASURER-Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the claims against the county as follows: Revenue-$54,352.39-Road & Bridge-$12,111.53-County Devlp. -$200.00-Solid Waste-$1,365.00–EDA-$1,645.99 WARRANTS FOR PUBLICATION Warrants Approved On 3/27/2018 For Payment 3/30/2018 Vendor Name Amount Computer Professionals Unlimited Inc 3,480.00 Independent Emergency Services 8,214.52 Lavalla Sand & Gravel Inc 9,500.00 TRANE 26,800.00 University Of Mn 9,024.00 36 Payments less than 2000 12,656.39 Final Total: 69,674.91 Further moved to authorize the payment of the following Auditor warrants: March 14, 2018-$131,355.25, March 15, 2018- $941.65, March 22, 2018- $46,692.14. Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to approve the purchase of the new Election Equipment in the amount of $49,706, with grant funds of $24,850 and the remainder from the election reserves account, and to have County Auditor/Treasurer, Lorene Hanson sign said agreement. Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the off sale exclusive license for K&A Northern Properties LLC, DBA Log Cabin Liquor, effective May 1, 2018 thru June 30, 2018 contingent approval of County Sheriff, Gary Fish and County Attorney James Austad. CORRECTIVE EASEMENT-County Auditor/Treasurer Lorene Hanson presented a Corrective Easement from Border State Bank for Zachary and Kristi Hasbargen. On September 26, 2017, Border State Bank delivered the easement that was presented to the county board for approval. The County Recorder’s Office found an error in a described Instrument No. which now is corrected. Resolution-The following resolution was offered by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously, with Commissioner Hasbargen abstaining, to approve the following resolution and authorize Chairman Arnesen and County Auditor/Treasurer, Lorene Hanson to sign: CORRECTIVE EASEMENT Resolution No. 18-03-01 This Agreement, made this 27 day of March, 2018, by and between Lake of the Woods County, a municipal corporation under the laws of the State of Minnesota, Grantor, and Zachary C. Hasbargen and Kristi L. Hasbargen, as joint tenants, grantees. WHEREAS, Grantor and Grantee have agreed upon the easement and maintenance agreement hereinafter described; NOW, THEREFORE, Grantor, in consideration of One Dollar ($1.00) and other good consideration and valuable consideration to him in hand paid by said Grantee, receipt of which is hereby acknowledged, hereby grants to said Grantee, their heirs and assigns forever, the easement for use and enjoyment for driveway purposes in, over and upon that part of said land of said Grantor described as follows: A tract of land in the County of Lake of the Woods, State of Minnesota, legally described as follows: A 66.00 foot wide easement for ingress and egress over, under and across part of the Southeast Quarter of Section 15, Township 160 North, Range 31 West of the 5th Principal Meridian described as follows: Commencing at the south Quarter Corner of said Section 15; thence North 89 degrees 47 minutes 39 seconds East, assumed bearing, along the south line of said Southeast Quarter a distance of 1136.63 feet to the southeasterly line of a 66 foot wide strip of land described in Instrument No. 84698, said instrument is located on page 649-650, Book J of Deeds, on file and of record in the Lake of the Woods County Recorder’s Office; thence North 47 degrees 03 minutes 19 seconds East 1254.41 feet along said southeasterly line to the point of beginning; thence North 44 degrees 16 minutes 32 seconds West 31.40 feet, more or less, to the centerline of County State Aid Highway No. 1 as described in Document No. 81595 on file and of record in said Recorder’s Office and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on the southeasterly line of said 66-foot-wide strip of land described in Instrument No. 84698 and said centerline of County State Aid Highway No. 1. AND A 66.00 foot wide easement for ingress and egress over, under and across part of the Southeast Quarter of Section 15, Township 160 North, Range 31 West of the 5th Principal Meridian described as follows: Commencing at the south Quarter Corner of said Section 15; thence North 89 degrees 47 minutes 39 seconds East, assumed bearing, along the south line of said Southeast Quarter a distance of 1136.63 feet to the southeasterly line of 66 foot wide strip of land described in Instrument No. 84698, said instrument is located on page 649-650, Book J of Deeds, on file and of record in the Lake of the Woods County Recorder’s Office; thence North 47 degrees 03 minutes 19 seconds East 875.28 feel along said southeasterly line to the point of beginning; thence North 43 degrees 16 minutes 54 seconds West 29.60 feet, more or less, to the centerline of County State Aid Highway No. 1 as described in Document No. 81595 on file and of record in said Recorder’s Office and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on the southeasterly line of said 66-foot-wide strip of land described in Instrument No. 84698 and said centerline of County State Aid Highway No. 1. which use and enjoyment Grantee shall share with Grantor, TO HAVE AND TO HOLD SAID EASEMENT unto said Grantee, their, heirs and assigns, as appurtenant to their said land. This agreement shall run with the land and shall be binding upon the heirs, executors, and administrators and assigns of the parties hereto. The grantees, their successors and assigns shall be responsible for maintenance of the above-described easement property including, but not limited to, snow removal. This easement is given to correct the legal description set forth in that certain Easement dated September 26, 2017, and recorded November 1, 2017 as document no. A000098546. RECESS-With no further business before the board, Chairman Arnesen called the meeting to recess at 12:09 p.m. Attest: April 10, 2018 County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Edward Arnesen Publish April 25, 2018