Lake of the Woods (MN) County Proceedings (October 22, 2019)

COMMISSIONER PROCEEDINGS
OCTOBER 22, 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 WEBSITE -www.lake-of-the-woods.mn.us
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 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 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-Claims-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 was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the MFIP Biennial Service Agreement.
AUDITOR/TREASURER-Claims-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 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 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    $489.00    $3,114.20    $36,200    $3,200
W½NW¼ of
SE¼SE¼                                        Sec 7, Twp 162, Rg 34

19-2614-011    $0    $1,573.15       $10,000           $1,600
S½S½N½SE¼NE¼
Sec 26, Twp 162, Rg 32

21-1233-030    $350.00    $4,065.16       $15,600           $4,100
Part of SW¼SW¼
Sec 12, Twp 161, Rg 34

21-1312-040,      $658.00    $2,171.59         $7,700           $2,000
21-1312-041,
and 21-1321-010
Part of NW¼NE¼ and part
of NE¼NW¼
Sec 13, Twp 161, Rg 34

22-1732-000    $684.47    $4,679.97       $34,500           $5,000
Part of NW¼SW¼
Sec 17, Twp 161, Rg 33

23-2533-020    $0    $945.77       $12,800           $1,000
S½N½SW¼SW¼
Sec 25, Twp 161, Rg 32

30-3111-000    $48.00     $1,831.03       $22,800           $2,000
NE¼NE¼
Sec 31, Twp 160,
Rg 31

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

61-5501-090    $0    $594.13         $7,700              $600
Lot 9, Blk 1
First Addition to
East Beaudette

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

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

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

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

Publish November 20, 2019

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