Lake of the Woods (MN) Commissioner Proceedings/January 14, 2020

COMMISSIONER PROCEEDINGS
JANUARY 14, 2020
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, January 14, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room.
CALL TO ORDER-Chair Jon Waibel 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 and Ed Arnesen. Absent: Commissioner Cody Hasbargen.  Also, present were: County Auditor/Treasurer Lorene Hanson, County Attorney Jim Austad, Jaime Boretski-LaValla, and Woody Fiala.
APPROVAL OF AGENDA-Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following additions and deletions:  add – HR: Department Reviews and delete – Sanford Health Lease.
APPROVAL OF MINUTES-Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the official and summarized minutes of December 27, 2019.
Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the official and summarized minutes of the Organizational Meeting on January 7, 2020.
SOCIAL SERVICES-Claims-Motion-was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $29,292.91 Commissioners Warrant’s $2,069.22, Commissioners Warrant’s $11,193.43.
Meridian Contract-Motion-was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of service agreement with Meridian Services, Inc. and for Commissioner Jon Waibel to sign the same.
LifeCare Contract-Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Purchase of Service Agreement with LifeCare Behavioral Health and for Commissioner Jon Waibel to sign the same.
AUDITOR/TREASURER-Claims-Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $252,125.62 Road & Bridge $23,531.68, Solid Waste, $25,042.38, EDA, $159,059.22.
WARRANTS FOR PUBLICATION
Warrants Approved On 1/14/2020 For Payment 1/17/2020
Vendor Name                 Amount
Air Med Care Network                          16,803.00
Beltrami County Highway Dept         3,408.70
Cenex Co-Op Services, Inc.                         13,554.64
Compudyne, Inc                             56,279.59
Counties Providing Technology         3,717.00
Farmers Union Oil Co.             2,321.63
Happy Tree Productions             8,890.00
Headwaters Regional Development Commiss     2,500.00
Howard’s Oil Company             4,515.51
LOW IDC                           150,000.00
LOW Soil & Water Cons. Dist.                       101,188.00
Mar-Kit Landfill                             13,137.00
Mn Assn Of Counties             5,288.00
Mn Counties Computer Co-Op                     23,583.00
Mn Counties Computer Co-Op                     10,021.90
OnSolve,LLC                               7,500.00
Voyageurs Comtronics, Inc             2,640.00
Woody’s Service                 3,600.86
62 Payments less than $2,000                     30,810.07
Final Total:                           459,758.90
Further moved to authorize the payment of the following auditor warrants: December 31, 2019 for $14,181.49, December 31, 2019 for $121,416.98, January 10, 2020 for $307,084.21.
Resolution for Local Sales Tax
The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously the following:
LAKE OF THE WOODS COUNTY, MINNESOTA SUPPORTING A LOCAL SALES TAX TO BE IMPLEMENTED    RESOLUTION 2020-01-02
Supporting the County’s authority to impose a local sales tax to fund specific capital improvements providing regional benefit, to establish the maximum duration of and revenue to be raised by the tax, and to issue bonds to be repaid with tax revenues.
WHEREAS, the Minnesota Department of Corrections has found the existing Lake of the Woods County Jail to be structurally deficient and in need of major renovations or replacement, and has required the County to have a new County Jail in operation as of July 1, 2021 or transport County inmates to alternative facilities; and, WHEREAS, the County Board has considered the practicality and future costs of all alternatives; factoring in the County’s considerable distances to alternative facilities and the uncertain availability and cost of such arrangements; and has determined that building a new County Jail and Law Enforcement Center is the most viable response to the Department of Corrections’ mandate; and, WHEREAS, the aforementioned project is the most fiscally responsible option and will result in near-term and long-term economic and public safety benefits to County residents and businesses, as well as non-resident visitors and businesses, and, WHEREAS, as compared to all other Minnesota counties, Lake of the Woods County has the second-lowest taxable property value, as measured by net tax capacity (after Mahnomen County) and the second-smallest estimated permanent population (after Traverse County); and, WHEREAS, Lake of the Woods County is an internationally-recognized center for recreation and tourism, as evidenced in part by the state sales taxes generated annually by local businesses (third-highest per capita among all Minnesota counties, after Hennepin and Cook Counties); and, WHEREAS, Minn. Stat. § 297A.99 authorizes the imposition of a general sales tax if permitted by special law of the Minnesota Legislature and then approved by local voters; and, WHEREAS, Minn. Stat. § 297A.99 requires the County to pass a resolution authorizing such a local tax and to obtain Legislative approval prior to seeking voter approval to enact the local tax; and, WHEREAS, Lake of the Woods County intends to seek special legislation to allow for a local referendum in November 2020 to institute up to a one- and one-half percent (1.50%) local option sales tax to fund a portion of the following project:
1) Construction of a new County Jail and Law Enforcement Center, with a total project cost not to exceed $14,000,000, plus an amount sufficient to pay costs, including interest costs, related to the issuance of general obligation bonds to finance said project
WHEREAS, the County estimates that a general local sales tax of one- and one-half percent (1.50%) would generate approximately $20,000,000 over 25 years; and, WHEREAS, the County’s objective is that the tax would commence April 1, 2021 and expire March 31, 2046, or whenever a sum sufficient to fund the authorized project (including bond financing-related costs) is raised, whichever comes first; and THEREFORE, BE IT RESOLVED the following:
1) The County Board supports the authority to impose a general local sales tax of up to one- and one-half percent (1.50%) for a maximum period of 25 years to fund the aforementioned project.
2) The County Board supports the authority to issue general obligation sales tax revenue bonds to finance the project, and to be repaid with local sales tax revenues.
3) Upon approval of this resolution, the County will submit the adopted resolution and documentation of regional significance to the chairs and ranking minority members of the House and Senate Taxes committees for approval and passage of a special law authorizing the tax, by January 31 of the year that it is seeking the special law.
4) Upon Legislative approval and passage of the special law authorizing the tax, the County will adopt a resolution accepting the new law, which will be filed with a local approval certificate to the Office of the Secretary of State before the following Legislative session.
5) The County will put a detailed local sales tax ballot question on a general election ballot for local voter approval. This will be done within two years of receiving legislative authority.
6) If a ballot question passes, the County will pass an ordinance imposing the local sales tax and will notify the Commissioner of Revenue at least 90 days before the first day of the calendar quarter that the tax will be imposed.
Adopted by the Board of Commissioners of Lake of the Woods County this 14th day of January, 2020.
Appointment of 2020 Election Judges, UOCAVA & Absentee Ballot Boards and Hourly Pay
Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously  to approve the following election judges for the 2020 Presidential Primary (March 3, 2020), State Primary (August 11, 2020) and the General (November 3, 2020) Elections:  Christie Russell, Sandy Peterson, Judy Johnson, Shelley Pepera, Rita Krause, Margie Sporlein, Stacy Novak, Dale Boretski, Dawn Christianson, John Carroll, Dena Pieper, Alisa Jacobsen, Heather Larson, Barb Larson, Bob Gubbels, Beverly Becklund, Jo Aery, Dani Koshak, Jennifer Hovde, Jeff Hovde, Mary Jo Otten, Jaime Boretski-LaValla, Janet Rudd, Rita Hasbargen, Erik Tange and Lorene Hanson.
Motion-was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the hourly pay for election judges as follows:  head election judges at $12.00 per hour and election judges at $11.50 per hour, effective with the 2020 elections.
Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to appoint the following Election Judges to the UOCAVA & Absentee Ballot Boards for the 2020 Presidential Primary, State Primary and General Elections:  Christie Russell, Rita Hasbargen, Stacy Novak, Dawn Christianson, Jaime Boretski-LaValla, Erik Tange and Lorene Hanson.
Appointment to Canvassing Board-Motion-was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to appoint Commissioners Buck Nordlof and Joe Grund to the Canvassing Board for the 2020 Presidential Primary, State Primary and General Elections.
Permission to advertise, interview and hire-Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously for Lake of the Woods Auditor/Treasurer to advertise, interview and hire for the position of Deputy Auditor/Treasurer – License Clerk-Board Administration, Grade 10, Step 1, $20.33 per hour, pts 253.
MIS-Sheriff Deputy Recording System-Motion-was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of a recording program for the Sheriff’s Department out of data processing funds.
Plow for Maintenance Truck-Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of a plow for the maintenance truck from the maintenance budget.
COUNTY SURVEYOR-County Surveyor, Chad Conner, met with the Board to provide a year-end summary of projects that were completed and work that will carry over to 2020 from 2019.  Connor mentioned the cost sharing money still available that can benefit land owners.
Motion-was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the transfer of $7,500 from cost sharing to remonumentation.
LAND AND WATER PLANNING-Consideration of CUP-Land and Water Planning Director, Josh Stomlund met with the board and presented a Conditional Use Permit for S & J Real Estate, LLC to allow the applicant to operate a short-term transient rental in a Rural Residential Zoning District (R2). No comments were heard from the Public.  Stromlund reviewed the Findings of Fact of the Planning Commission and informed the board that the Planning Commission approved this application with the following conditions, the specific conditions of approval are as follows:
1) A septic system inspection is required and if found to be Non-Compliant, the system must be upgraded.
2) Meet all MDH requirements as applicable.
3) CUP terminates upon sale or transfer of property.
4) Lodging tax for LOW County must be paid.
Motion-was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit with conditions:
1) A septic system inspection is required and if found to be Non-Compliant, the system must be upgraded.
2) Meet all MDH requirements as applicable.
3) CUP terminates upon sale or transfer of property.
4) Lodging tax for LOW County must be paid.
AIS Letter-Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve letters to Representative Matt Grossell and Senator Paul Utke regarding Aquatic Invasive Species Prevention Aid and the funding metric used.
RECESS-Meeting was recessed at 10:11 am and reconvened at 10:20 am as follows:
COUNTY HIGHWAY/LANDFILL-Project Final Approval-Motion-was made by Commissioner Ed Arnesen to accept the Public Works Director’s Certificate of Performance of SAP 039-649-003 for Lake of the Woods County (Force Account) in the total amount of $178,002.99 and hereby authorize final payment. Seconded by Commissioner Joe Grund and the same being put to vote was duly carried.
Highway Update
• Letters will be sent out to golf course area residents regarding an upcoming project
• Continue to work on the plan for improved drainage on County Road 80
• Consideration of purchasing County motor pool vehicles through the Highway Department for depreciation benefits
Landfill Update
• Meeting with MPCA in Brainerd on January 27, 2020
DITCH AUTHORITY-Motion-was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting at 10:25 a.m. and open Ditch Authority.
JD 28 Project-Waiting for final decision on JD 28.  The County did not receive any bids for the cleaning of JD 16, the County will clean and bill the time to JD 16.  All work for JD 28 will be through a grant.
Ditch Assessments-Commissioner Jon Waibel reviewed the following Ditch Assessments presented to the County Board for 2020: CD 1: $22,800.00; CD 2: $882.40; JD 16: $8,500.00; JD 24: $16,000.00; JD 26: $24,000.00; JD 28:  $40,000.00; JD 22:  $4,800.00 (Joint Ditch with Roseau County); JD 62: $16,900.00 (Joint Ditch with Roseau County);
The Ditch Authority recommended the following Ditch Assessments: County Ditch 1-$22,800; County Ditch 2-$882.40, Judicial Ditch 16 Outlet Fee- $8,500; Judicial Ditch 24- $16,000; Judicial Ditch 26- $24,000; Judicial Ditch 28-$40,000; Judicial Ditch 22-Joint Ditch with Roseau-$4,800; Joint Ditch 62 with Roseau-$16,900.
Motion-was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the Ditch Authority meeting at 10:35 a.m. and reconvene the regular meeting.
DITCH ASSESSMENTS-Chair Jon Waibel discussed the 2020 Ditch Assessments and the recommendations from County Engineer, AJ Pirkl and the Ditch Authority.
Motion-was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the recommendations of the Ditch Authority to set the 2020 Ditch Assessments as follows: County Ditch 1-$22,800; County Ditch 2-$882.40, Judicial Ditch 16 Outlet Fee- $8,500; Judicial Ditch 24- $16,000; Judicial Ditch 26- $24,000; Judicial Ditch 28-$40,000; Judicial Ditch 22-Joint Ditch with Roseau-$4,800; Joint Ditch 62 with Roseau-$16,900.
JOSEPH LAURIN-Northerly Park-Laurin presented an updated plan for the Northerly Park at the Northwest Angle.  The plan was simplified with the help of Whitt Environmental Services and includes a visitor center, board walk, observation tower and cross-country ski trail.
Motion-was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve payment of current invoice from Whitt Environmental Services including additional time, not to exceed a total of $1,000, for completion of the joint notification to the U.S. Corp of Engineers.
Edge Riders Request-Polaris is allowing the club to use a ranger with the option to purchase it.  The club is looking for funding to purchase the ranger.  The County Board suggested to contact the EDA for loan options.
HUMAN RESOURCES-Department Reviews-Savanna Slick, Human Resources Director, met with the board to find a date to create non-elected department head evaluations.  The Board will plan to meet after the regular meeting on 2/11/2020 for this work session.
RECESS-Meeting was recessed at 11:03 am and reconvened at 11:15 am as follows:
PROPOSED LAW ENFORCEMENT CENTER-Land Purchase-Chair Jon Waibel opened up the meeting for discussion on the land purchase options for the proposed Law Enforcement Center.  Several community members were in attendance and voiced concern about the possible location on the north side of Highway 11.  Chair Jon Waibel explained that right now that property is off of the table.
A question was asked regarding the timeline for the purposed Law Enforcement Center, Chair Jon Waibel explained that the requirement was to have progress towards completion by July of 2021.
A community member shared that he was pleased that the County is looking at an alternate location, and that community use of the facility should be taken into consideration, such as meeting rooms.
Further discussion on the land purchase for the proposed Law Enforcement Center will be added to the next Board meeting agenda.
RECESS-With no further business before the board, Chairman Jon Waibel called the meeting to recess at 11:41 a.m.
Attest: January 14, 2020

County Auditor/Treasurer, Lorene Hanson
Chairman of the Board, Jon Waibel

Publish February 5, 2020

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