Lake of the Woods (MN) COMMISSIONER PROCEEDINGS JUNE 25, 2019

COMMISSIONER PROCEEDINGS
JUNE 25, 2019
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 WEBSITAE -www.lake-of-the-woods.mn.us
The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 25, 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: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen and Cody Hasbargen. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Woody Fiala.
APPROVAL OF AGENDA-Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following Additions:  Letters of Representation to St Auditor, Schrandt Cartway, Event Ordinance, BOA Training, Reconvene BOE, MN DNR Agreement – Electronic License and County Engineer; Deletions:  Consideration of CUP.
APPROVAL OF MINUTES-Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of June 11, 2019.
APPROVAL OF MINUTES-Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Ed Arnesen and carried unanimously to approve the official and summarized minutes of June 18, 2019, with changes.
SOCIAL SERVICES-Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $6,512.31, Commissioners Warrant’s $2,032.29, Commissioners Warrant’s $46,363.90.
ResolutionThe following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following resolution:
Resolution
Lake of the Woods County Supports
Blue Cross/Blue Shield as Managed Care Organization Providing Managed Health Care Services
For Recipients of Families and Children
Resolution No. 19-06-03
WHEREAS, the Minnesota Department of Human Services (DHS) has published a Request For Proposals (RFPs) to provide health care services to recipients of Families and Children and Minnesota Care in eighty (80) Minnesota counties including Lake of the Woods County and WHEREAS, DHS has requested County evaluations and recommendations regarding the RFP proposals from each respective county; and WHEREAS, Medica, Blue Cross/Blue Shield and U Care submitted proposals to provide managed health care services in Lake of the Woods County; and WHEREAS, representatives of Lake of the Woods County Social Services department have reviewed and evaluated the proposals; and WHEREAS, Blue Cross/Blue Shield submitted proposals suitable to meet our needs. THEREFORE, BE IT RESOLVED that the Lake of the Woods County Board of Commissioners supports the recommendation of Lake of the Woods County Social Services approving Blue Cross/Blue Shield as Managed Care Organization(s) (MCO(s)) providing managed health care services in Lake of the Woods County.
Resolution The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following resolution:
Resolution
Lake of the Woods County Supports
Blue Cross/Blue Shield as Managed Care Organization Providing Managed Health Care Services
For Recipients of MSHO and MSC+ for Seniors
Resolution No. 19-06-04
WHEREAS, the Minnesota Department of Human Services (DHS) has published a Request For Proposals (RFPs) to provide health care services to recipients of MSHO and MSC+ for seniors, in eighty (80) Minnesota counties including Lake of the Woods County and WHEREAS, DHS has requested County evaluations and recommendations regarding the RFP proposals from each respective county; and WHEREAS, Medica, Blue Cross/Blue Shield and U Care submitted proposals to provide managed health care services in Lake of the Woods County; and WHEREAS, representatives of Lake of the Woods County Social Services department have reviewed and evaluated the proposals; and WHEREAS, Blue Cross/ Blue Shield submitted proposals suitable to meet our needs. THEREFORE, BE IT RESOLVED that the Lake of the Woods County Board of Commissioners supports the recommendation of Lake of the Woods County Social Services approving Blue Cross/ Blue Shield as Managed Care Organization(s) (MCO(s)) providing managed health care services in Lake of the Woods County.
AUDITOR/TREASURER-Claims-Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $20,989.37, Road & Bridge $112,023.56, Joint Ditch $1,632.50 and Solid Waste $18,374.79.
WARRANTS FOR PUBLICATION
Warrants Approved On 6/25/2019 For Payment 6/28/2019
Vendor Name             Amount
Cenex Co-Op Services, Inc.         7,943.83
LOW Highway Dept         7,425.63
North East Technical Service,Inc     2,232.75
Powerplan             4,563.13
R & Q Trucking, Inc         4,120.00
Swanston Equipment Corp         3,312.24
Team Lab                          92,400.00
University Of Mn             9,222.51
41 Payments less than 2000                     21,800.13
Final Total:                       153,020.22
Further moved to authorize the payment of the following auditor warrants:  June 12, 2019 – $23,389.03, June 13, 2019 – $609,568.37; June 19, 2019 – $34,645.63.
Border State Bank ACH Agreement-Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the ACH Origination Agreement with Border State Bank effective June 25, 2019 and to have the County Auditor/Treasurer sign the same.
Representation Letters to St Auditor-Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Representation Letters of financial statements to the State Auditor for years ending 2015 and 2016 and to have Chair Cody Hasbargen sign the same.
MN DNR Electronic License Agreement-Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agreement with the Minnesota Department of Natural Resources for registration and titling of electronic licenses and to have County Auditor/Treasurer to sign the same.
IT DEPT-Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen, and carried unanimously to approve out of state travel for Eric Solo to attend a GIS Conference in Atlanta, GA, September 29, 2019 through October 1, 2019, with travel expenses paid by MCCC.
LAND & WATER PLANNING-Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel, and carried unanimously to approve the Board of Adjustment/Planning training with Scott Anderson, RASW, for $2,500 with the funding from the Land & Water budget.
ATTORNEY- Schrandt Cartway Petition to be Private-County Attorney, Jim Austad discussed a petition received from David and Mary Schrandt to request to change designation from “Cartway” to “Private Driveway”.   County Attorney, Jim Austad was going to research further and get in contact with their attorney.
Event Ordinance-County Attorney, Jim Austad discussed the Event Ordinance and an ordinance committee meeting was set to review the ordinance.
RECESS-The meeting was called to recess at 10:10 a.m. and reconvened at 10:30 a.m. as follows:
DISTRICT ENGINEER-District Engineer, Lou Tasa met with the County Board to receive an update on the County Highway Department, Engineer, Interim – Construction Project Engineer and Maintenance Engineer.  Lou reviewed the requirements needed for the highway department and summer projects. Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof, and carried unanimously to amend the agenda to add the Highway Department at the end of the meeting for more discussion.
CARTWAY-PUBLIC HEARING-Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 11:00 a.m. and open the Public Hearing for the Cartway-Public Hearing. (Pursuant to MN Statute 164.08 to establish a Cartway.)
The following were present:  Commissioners:  Ed Arnesen, Cody Hasbargen, Buck Nordlof, Joe Grund and Jon Waibel.  Other County Employees were:  County Auditor/Treasurer Lorene Hanson, and Assistant Engineer Boyd Johnson.  In addition attending the Public Hearing were:  Woody Fiala, Attorney Jeff Naglosky, Attorney Brian Varland, Patty Beckel, Tony Beckel, Carl Olson, Andrea Olson, Jill Martinson and Jared Martinson.
Attorney Jeff Naglosky representing Lake of the Woods County, explained the status of the Cartway reconvening from June 11, 2019.  There is currently an open motion from June 11, 2019, to establish a Cartway for Co-Petitioners Jared A Martinson and Jill Martinson and Andrea M Olson.  The motion was up for discussion and the consensus of the County Board at that meeting was to table the motion until the next regular board meeting pending award damages and the status of the Cartway. The actions to be resolved at this meeting would be:  1) Grant Cartway, 2) Assess Damages, 3) Address the Petition to request a Private Cartway and division of maintenance costs.
Motion/Resolution-Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof on June 11, 2019, tabled to June 25, 2019 for further discussion, and on June 25, 2019 was carried unanimously establishing the following resolution:
Resolution-The following resolution was offered by Commissioner Jon Waibel and moved for adoption:
Resolution Establishing a Cartway for Co-Petitioners Jared and Jill Martinson and Andrea M Olson
Bifurcating Cartway Hearing to determine Award of Damages
Requiring Petitioners to Post Bond or other Security
Resolution No. 19-06-05
WHEREAS; the Lake of the Woods County Board of Commissioners has received a cartway petition pursuant to Minn. Stat. § 164.08, from Jared and Jill Martinson and Andrea M Olson  “Co-Petitioners” in which the petitioners are asking the County Board to establish a cartway to their property across the lands of others; and-WHEREAS; petitioners have been represented by Brian W Varland, Heley Duncan & Melander PLLP; and-WHEREAS, the petitioner’s property is described as follows:
Martinson Parcel: Unimproved, beginning at the Southeast corner of the Southeast quarter (SE ¼) of the Northeast quarter (NE ¼), Section 21, Township 162, Range 32; thence West along the quarter line a distance of 120 rods; thence North a distance of 60 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 120 rods on a line parallel with said quarter line to a point; thence South a distance of 60 rods on the Section line between Sections 21 and 22 to the place of beginning.  Containing 15 acres in the Southwest quarter (SW ¼) of the Northeast quarter (NE ¼), and 30 acres in the Southeast (SE ¼) of the Northeast quarter (NE ¼) of Section 21, Township 162, Range 32;-LESS: that portion lying South and West of the Bostic Creek Bayou as this portion isolated from portion being conveyed.-LESS:  The following described tract: Beginning at the Southeast corner of the Southeast quarter (SE ¼) of the Northeast quarter (NE ¼), Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres more or less.Olson Parcel: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32.
WHEREAS, the description of the proposed Cartway is: Part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian, Lake of the Wood County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 (with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32. WHEREAS; the requested cartway would pass over the individual tracts of land described as follows:
Through that part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian,  Lake of the Woods County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 (with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32, as shown in the road marked in red in the attached aerial photo map attached as Exhibit C. WHEREAS; on June 11, 2019 after proper posting and notice, a hearing on the cartway petition was heard by the Lake of the Woods County Board; and WHEREAS; the County Board finds that, pursuant to Minn. Stat. §164.08, subd. 2 (a), the petitioners own tracts of land containing at least five acres and has no access from it to a public road except over the lands of others; and WHEREAS; the petitioners are therefore entitled to the establishment of a cartway pursuant to Minn. Stat. § 164.08. subd. 2 (a); WHEREAS; the County Board, after hearing evidence and arguments from the petitioners and the affected landowners, requested that the hearing be tabled to June 25, 2019 at 11:00 a.m. and WHEREAS; on June 25, 2019 at 11:00 a.m. the Lake of the Woods County Board reconvened the public hearing on the cartway petition; WHEREAS; the County Board had heard additional testimony from the petitioners and the board had researched damages; WHEREAS; the requested cartway would pass over the land as requested; WHEREAS; the County Board heard evidence and arguments from the petitioners and the affected landowners regarding the question of what damages, if any, should be paid to the owners and occupants across whose land(s) the cartway will be established, and regarding what damages the county has incurred as costs and expenses related to these proceedings; NOW, THEREFORE, IT IS RESOLVED AND ORDERED;
1. A cartway pursuant to Minn. Stat. § 164.08, subd. 2 (a) is established, subject to the terms and conditions that follow, the terms and conditions in the award of damages, and the payment of all damages.
2. The Lake of the Woods County Board finds that the following location and width of the cartway is the least disruptive and least damaging for neighboring landowners and in the public’s best interest;  Through that part of the Southeast Quarter of 21 and the Southwest Quarter of Section 22 all in Township 162 North, Range 32 West of the Fifth Principal Meridian,  Lake of the Woods County, Minnesota, beginning at County Road 8 NW at the Southeast corner of Section 21, running North with along the section line between Section 21 and Section 22 ( with the section line being the centerline of the cartway), to the Southeast corner of the Olson Parcel described as: Beginning at the Southeast corner of the SE1/4NE1/4, Section 21, Township 162, Range 32; thence West along the quarter line a distance of 20 rods; thence North a distance of 20 rods on a line parallel with Section line between Sections 21 and 22, to a point; thence East a distance of 20 rods on a line parallel with said quarter line to a point; thence South a distance of 20 rods on the Section line between Sections 21 and 22 to the point of beginning containing 2.5 acres, more or less, and a road easement for the right of ingress and egress to Bostic Creek over the existing private road along the South quarter line of the SE1/4NE1/4, Section 21, Township 162, Range 32, as shown in the road marked in red in the attached aerial photo map attached as Exhibit C.
3. Petitioners shall pay to the county all items described below as damages for the establishment of the Cartway.
Damages as a result of reduced land value        $2,000 per petitioner for a total of $4,000
4. Town road and bridge funds shall not be expended for this cartway.
The resolution was seconded by Commissioner Buck Nordlof and the vote carried as follows:
Voting For: Commissioners Ed Arnesen, Buck Nordlof, Cody Hasbargen, Jon Waibel and Joe Grund
Voting Against: None
Abstaining: None
Lake of the Woods County
Dated:
Cody Hasbargen, Chairman of the Board
The following resolution was offered by Commissioner Ed Arnesen and moved for adoption:
Resolution Changing the Jared and Jill Martinson, Andrea Olson Cartway To a Private Driveway
Establishing Maintenance Costs
Resolution No. 19-06-06
WHEREAS, Pursuant to MN Statute 164.08, sub 2 (e) allows County Boards of unorganized territory to designate the cartway as a private driveway with written consent of the following affected landowners, Scott Wold and Four Mile Bay Hunting Club, Inc.; WHEREAS, the affected landowners have agreed to written consent to designate the cartway as a private driveway and no town road and bridge funds shall be expended for maintenance of the driveway; provided that the cartway shall not be vacated without following the vacation proceedings established under law; WHEREAS; Pursuant to MN Statute 164.08, sub (3), When a cartway is not maintained by the town, one or more of the private property owners who owns land adjacent to a cartway or one or more of the private property owners who has no access to the owner’s land except by way of the cartway may maintain the cartway; WHEREAS; The cost of maintenance shall be equally divided among all residences (defined as having permanent or movable residential structure) who own land adjacent to the cartway and all of the private property owners who have no access to their land except by way of the cartway; WHEREAS; The County Board has determined that the maintenance costs be adjusted accordingly as residents change; and private property owners who pay the cost of maintenance shall have a civil cause of action against any of the private property owners who refuse to pay their share of the maintenance cost. THEREFORE BE IT RESOLVED; The County Board has determined that the Jared and Jill Martinson, Andrea Olson Cartway a Private Driveway and maintenance costs will be shared equally among all residences as described above.  The resolution was seconded by Commissioner Buck Nordlof and the vote carried unanimously.
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the Public Hearing and open the regular meeting at 12:30 p.m. as follows:
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting and open the Public Hearing for Board of Equalization at 12:30 pm.
Board of Equalization minutes are recorded separately.
Motion-was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to close the Public Hearing and open the regular meeting at 12:40 p.m. as follows:
RECESS-The meeting was called to recess at 12:40 p.m. and reconvened at 2:55 p.m. as follows:
PUBLIC WORKS DEPT-Discussion was had by the County Board and District Engineer Lou Tasa regarding the County Engineer open position.  Interim options were presented for Construction and Maintenance Project Engineers.  Lou Tasa explained the funding differences between Township road funds and State Aid funds.
CLOSED SESSION- LITIGATION-Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session at 3:30 p.m. pursuant to MN Statute 13D.05, subd.3b. (Pending or threatened litigation involving appointment of County Engineer.)  Members present: Commissioners Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Attorney, James Austad and Human Resources Director Savanna Slick.
Motion-was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 4:20 p.m.
RECESS-With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 4:20 p.m.
Attest: July 9, 2019
County Auditor/Treasurer, Lorene Hanson
Chairman of the Board, Cody Hasbargen

Publish July 24, 2019

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