MINUTES & AGENDAS
August 27, 2024
COMMISSIONER PROCEEDINGS
August 27, 2024
The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 27, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.
CALL TO ORDER
Chair Cody Hasbargen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Jon Waibel, Ed Arnesen, Buck Nordlof and Joe Grund. Also present was County Auditor-Treasurer Lorene Hanson.
APPROVAL OF AGENDA
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Closed Session, Storm Shelter Funds Request, Retirement Resolution, Jail Contract, and Town Road Vacation. Remove: Audit Exit Review, Fair Board Updates.
APPROVAL OF MINUTES
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of August 6, 2024.
SOCIAL SERVICES
Claims
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $24,852.05; Commissioners Warrants $3,087.97; Commissioners Warrants $64,368.36.
Permission to Advertise, Interview, and Hire- Office Support Specialist
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the request to advertise, interview, and hire an office support specialist at Grade 9, Step 1, $20.64 per hour at 222 points.
Retirement Resolution
Resolution
The following resolution was offered by Commissioner Cody Hasbargen and moved for adoption:
RECOGNITION OF YEARS OF SERVICE
JO AERY
RESOLUTION No. 2024-08-03
WHEREAS Jo Aery has served the residents of Lake of the Woods County since December 8, 2006 as Lake of the Woods County Social Services Office Support Specialist/Transportation Coordinator;
WHEREAS Jo Aery has resigned from Lake of the Woods County service effective August 30, 2024 with 17 years and 8 months of service;
NOW THEREFORE, BE IT RESOLVED That Lake of the Woods County Board of Commissioners Extends its deepest appreciation to Jo Aery for her dedicated service and best wishes to her;
The resolution was seconded by Commissioner Jon Waibel and the same being put to a vote was unanimously carried.
Auditor/Treasurer
Claims
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $223,686.76; Road & Bridge $72,879.49; County Development $13,475.00; Joint Ditch $460.00; Solid Waste $49,725.23; EDA $1,893.74.
WARRANTS FOR PUBLICATION
Warrants Approved On 8/27/2024 For Payment 8/30/2024
Vendor Name Amount
Bert’s Truck Equipment Of Moorhead Inc 2,768.70
Charm-Tex 16,383.50
Co-Op Services, Inc. 23,196.96
Concrete Canvas US, Inc. 9,976.00
Counties Providing Technology 4,407.00
Farmers Union Oil company 2,387.75
Freeberg & Grund, Inc 3,575.00
Gallow Technologies 8,446.96
Hoffman, Philipp & Martell, PLLC 7,705.00
Howard’s Oil Company 4,368.47
Integris LLC 2,055.64
John Campbell DBA Toy Box 5,072.60
Laine/Robert 2,200.00
Lake Area Construction Inc 11,587.50
Larkin Hoffman Attorneys 19,707.25
LOW Highway Dept 3,347.85
Mar-Kit Landfill 17,507.00
Mn State Dept-Correction 16,224.00
Msop-Mn Sex Offender Prgrm-462 2,921.90
NetCenter Technologies 12,689.50
North East Technical Service,Inc 6,425.50
Pennington County Sheriff Office 10,065.00
Powerplan 2,218.95
Quadient Finance USA Inc. 6,000.00
R & Q Trucking, Inc 6,264.00
Shannon’s Inc 42,717.56
Titan Machinery – Roseau 8,544.82
U.S. Bank Equipment Finance 6,268.50
Uline 6,510.37
University Of Mn 15,121.50
Walker Pipe & Supply 9,140.25
WIDSETH SMITH NOLTING & ASSOC., INC. 15,275.00
Wikstrom Telephone Co.,Inc 12,320.00
72 Payments less than 2000 38,720.19
Final Total: 362,120.22
Further moved to authorize the payment of the following auditor warrants: August 7, 2024 for $63,450.89; August 8, 2024 for $278,096.98; August 14, 2024 for $119,062.73; August 21, 2024 for $11,333.45.
Joint Powers Agreement
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Joint Powers Agreement contract number 253368 between the State of Minnesota and Lake of the Woods County for election recount services.
Veterans Grant Approval
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the veterans grant for transportation services in the amount of $7,500.00.
Storm Shelter Funds Request
Brenda Nelson and Nyla O’Connell came to the board to discuss funding options for an elevator replacement at Bethany Church in Williams. Bethany church is the designated storm shelter for that area and the elevator is broken and will need to be replaced. The board discussed requesting assistance from Emergency Management Director Jill Olson to review grant options that may be available. No action was taken at this time.
Airport Zoning Board
Resolution
The following Resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following:
AUTHORIZING THE CREATION OF A JOINT AIRPORT ZONING BOARD
Resolution No. 2024-08-04
WHEREAS, The City of Baudette, hereinafter referred to as the Municipality, owns and controls the Baudette International Airport; and
WHEREAS, Portions of the airport hazard area adjacent to the airport are located outside the territorial limits of said Municipality but within the territorial limits of this County; and
WHEREAS, The above Municipality has requested in writing that we join with them in the creation of a Joint Airport Zoning Board; and
WHEREAS, This County deems it necessary and expedient to create a Joint Airport Zoning Board in cooperation with the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3, and other applicable laws for the purpose of establishing, administering, and enforcing zoning laws for the areas surrounding the airport and for the protection of the airport and the public; and
WHEREAS, The above statute provides that this County has the right to appoint two (2) persons to said board; and
WHEREAS, Subdivision 3 of Section 32 of the Appropriations Bill passed by the Minnesota Legislature effective July 1, 1973, provides that no moneys shall be expended by the Commissioner of Transportation of the State of Minnesota to improve and maintain an airport unless the governmental unit owning the airport has or is established a zoning authority for the airport.
NOW, THEREFORE, BE IT RESOLVED by the Lake of the Woods County Board as follows:
- That there is hereby created in cooperation with the above Municipality a Joint Airport Zoning Board to be composed of representatives of Lake of the Woods County and representatives of the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3.
- That Lake of the Woods County hereby appoints Cody Hasbargen and Jon Waibel to be its representatives on said board with alternates Ed Arnesen, Buck Nordlof, and Joe Grund, said persons to serve for an indefinite term until they resign or are replaced by Lake of the Woods County.
Sheriff
Jail Contract-Purchase of Service Agreement Approval
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Jail Purchase of Services Agreement between Lake of the Woods County and Pennington County for $65.00 per day for three beds and to have Chair Cody Hasbargen and Sheriff Gary Fish sign the same.
County TV
Kent Christianson gave an update on the maintenance and testing on the county tv equipment.
Land & Water
Consideration of Interim Use Permit #24-04IU by Christopher and Ashley Olson
Lot Three (3), Block One (1), Turgeon Estates in Section Twenty (20), Township One-hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) – Parcel ID# 24.60.01.030. Applicant is requesting an Interim Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1).
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-04IU by Christopher and Ashley Olson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:
- The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
- The septic system is sized for the maximum occupancy identified in the application.
- The maximum occupancy is limited to the identified number in the application.
- The established quiet hours are as identified in the application.
- A valid Certificate of Compliance for the septic system is required.
- No on street parking is allowed.
- If applicable, applicant must meet the Minnesota Department of Health Requirements.
Lake of the Woods County Board of Commissioners
Short-Term Vacation Rental Findings of Fact and Decision
Name of Applicant: Christopher and Ashley Olson Date: August 27, 2024
Location/Legal Description: Lot Three (3), Block One (1), Turgeon Estates Parcel Number: 24.60.01.030
Project Proposal: Applicant is requesting an Interim Use Permit, as required by Section 401.B of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential Zoning District (R1).
- Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( )
Explain? Property is located in the growth corridor.
- Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES (X) NO ( ) N/A ( )
Explain? Applicant has met the criteria based upon the submitted application.
- Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Explain? Residential.
- Is the site in harmony with existing and proposed access to the property? YES (X) NO ( ) N/A ( )
Explain? Public road, Noble Drive.
- Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X) NO ( ) N/A ( )
Explain? No change.
- Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?
YES (X) NO ( ) N/A ( )
Explain? As per the submitted application.
- Does the water test meet the Minnesota Department of Health drinking water standards? YES (X) NO ( ) N/A ( )
Explain? The water test results are part of the submitted application.
- Has the applicant identified the maximum number of occupants? YES (X) NO ( ) N/A ( )
Explain? The application states a maximum of six (6) people.
- Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X) NO ( ) N/A ( )
Explain? The septic system has a valid Certificate of Compliance and is sized for a 3-bedroom dwelling.
- Has the applicant established quiet hours? YES (X) NO ( ) N/A ( )
Explain? The established quiet hours are from 10:00 p.m. to 7:00 a.m.
- Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- Has the applicant identified a local person and their contact information? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?
YES (X) NO ( ) N/A ( )
Explain? No signage has been requested.
- Is fencing and/or screening needed to buffer the project proposal from adjacent properties?
YES ( ) NO ( ) N/A (X)
Explain? No need for fencing and/or screening.
The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.
The specific reasons for denial or conditions of approval are as follows:
- The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
- The maximum occupancy is limited to six (6) individuals.
- The established quiet hours are from 10:00 pm to 7:00 am.
- A valid Certificate of Compliance for the septic system is required.
- No on-street parking is allowed.
- If applicable, the applicant must meet the Minnesota Department of Health requirements.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
August 27, 2024 _____________________________________
Date Cody Hasbargen
Chair, County Board
County Surveyor Update
County Surveyor Chad Conner gave an update on the remonumentation project and ADA requirements associated with making survey records available on the county website.
Public Works
Add to Agenda
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to add Solid Waste Regional Planning to the agenda.
Solid Waste Semi Truck Purchase Approval
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of a semi-truck for the solid waste department up to $50,000.00.
Solid Waste Regional Planning Agreement
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to join the Northwest Region Solid Waste regional planning agreement.
Update
County Engineer Anthony Pirkl gave a brief update on various highway projects.
Town Road Vacation Petition
The board reviewed a petition application from Marty Mollberg for a town road vacation. It was noted that there was more information that would be needed for the application to be accepted. No action was taken at this time.
Recess
A brief recess took place at 10:10 a.m. and reconvened at 10:15 a.m.
Baudette Community Foundation-Fireworks Committee
Fireworks Funds Request
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to donate $5,000.00 out of Con-Con Funds to the Baudette Community Foundation for the fireworks fund.
Closed Session
Resolution
The following Resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following:
Resolution Closing Board Meeting
Resolution No. 2024-08-05
WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and
WHEREAS, Lake of the Woods County, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and
WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the lawsuit; and
WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the pending lawsuit where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and
WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.
BE IT RESOLVED by the Lake of the Woods County Board as follows:
- The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and
- The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher.
Motion
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 10:35 a.m.
Set Work Session
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for the Sheriff on September 10, 2024 following the regular board meeting.
Adjourn
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 10:40 a.m.
Attest: September 10, 2024
______________________________ _________________________________Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen