November 30, 2021

November 30, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 30, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Vice-Chair Buck Nordlof called the meeting to order at 9:21 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Buck Nordlof, Ed Arnesen by Zoom and Jon Waibel by phone.  Absent: Commissioner Joe Grund. Also present was Auditor-Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the agenda with the following changes: Add: Highway Department- Final Payment; Land and Water Vehicle maintenance; Lineworker’s Facility – Sewer Blanket; and Remove:  Con-Con Requests and Union Negotiations. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the official and summarized minutes of November 9, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the following claims: Commissioners Warrants $10,094.01; Commissioners Warrants $1,980.49; Commissioners Warrants $10,942.47.

Meridian Services, Inc. Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the Contract Renewal for Meridian Services, Inc. No changes were made to this service.

Tri-Valley Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the Contract Renewal for Tri-Valley Rural Transportation Collaborative. This contract is renewed annually and without changes to the service.

AUDITOR/TREASURER
Claims
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the claims against the County as follows: Revenue $17,208.89; Road & Bridge $65,388.10; County Development $245.00; Solid Waste $26,438.72; EDA $968.05. 

WARRANTS FOR PUBLICATION

Warrants Approved On 11/30/2021 For Payment 11/30/2021

Vendor Name       Amount

ARRO of the North, LLC 2,200.00

Cenex Co-Op Services, Inc. 2,097.54

Freeberg & Grund, Inc 43,105.00

Greenview Landscaping, Inc 9,250.00

Norman County Highway Dept. 4,138.38

North East Technical Service,Inc 8,692.95

Powerplan 4,226.59

Quadient Finance USA Inc. 3,000.00

Short Elliott Hendrickson, Inc 9,026.12

U.S. Bank Equipment Finance 6,268.50

35 Payments less than 2000 18,243.68

Final Total: 110,248.76

Further moved to authorize the payment of the following auditor warrants: November 10, 2021 for $127,302.59; November 10,2021 for $55.00; November 12, 2021 for $317942.12 and November 17,2021 for $299,945.05.

Northerly Park

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to adopt the following resolution:

Resolution No. 21-11-02

Resolution Supporting Regional Park or Trail Designation Application In Greater Minnesota

BE IT RESOLVED, that Lake of the Woods County as lead applicant, has the authority to act as legal public sponsor for the application described in the Request for Designation as a Regional Park In Greater Minnesota. Lake of the Woods County formally supports and authorizes the application and master plan submission for regional designation

BE IT FURTHER RESOLVED, that as lead applicant we are fully aware of the information provided in the master plan and associated responsibilities, including long-term commitments as defined in the application and related master plan and supporting information as submitted.

BE IT FURTHER RESOLVED that should Northerly Park receive formal designation as a Regional Park in Greater Minnesota by the Commission, that as the lead applicant we have the legal authority to enter into formal designation and funding agreements with the Commission for the referenced park.

Motion

Motion was made by Commissioner Cody Hasbargen and Seconded by Commissioner Ed Arnesen and carried unanimously, by roll call, to appoint Joe Laurin as the designated point of contact with MNIT for the Northerly Park.

Snowmobile Grant-In-Aid Program

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to authorize the FY 2022 Maintenance and Grooming Grants with the State of Minnesota Department of Natural Resources Snowmobile Grant-In-Aid Program for LOW Drifters/Big Traverse in the amount of $125,523.23 and authorize Vice-Chair Buck Nordlof and County Auditor/Treasurer Lorene Hanson to sign the same. 

Permission to Hire

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to hire Chelsea Anderson for the position of Deputy Auditor/Treasurer-License Clerk at Grade 11, Step 1, 20.93 per hour, Points 253, effective 11/15/ 2021.

Resolution

The following resolution was offered by Commissioner Cody Hasbargen and moved for adoption:

A Resolution Establishing County Precincts and Polling Places

Resolution 21-11-03

WHEREAS, Minnesota Statutes, Section §204B16, Subdivision 1 requires that by December 31st of each year, the County must designate by resolution a polling place for each election precinct; and

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Board of Commissioners, State of Minnesota hereby establishes polling places of the following County precincts: Baudette City Hall – Precincts 1B and 2B; Lake of the Woods County Government Center – All Mail Precincts including: 1A, 2A, 2C, 3A, 3B, 3C, 3D, 3E, 4A, 4B, 4C, 5A, 5B, 5C and 5D.  

The resolution was seconded by Commissioner Ed Arnesen the same being put to a vote, was unanimously carried.

ICEHOLE BAR & GRILL

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen carried unanimously, by roll call, to approve the On-Sale Intoxicating Liquor License for Icehole Bar & Grill

LEAVING THE MEETING

Commissioner Jon Waibel exited the meeting at 9:45a.m. 

HUMAN RESOURCES

Human Resources Director Savanna Slick presented job descriptions for the Assessor’s Office to the board for approval and requested to advertise, interview, and hire for the positions.

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen and carried unanimously, by roll call, to approve the job descriptions and to advertise, interview, and hire for one of the positions.

Permission to Hire

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to hire Evan Wimmer for the position of Part-Time Deputy Sheriff at Grade 12, Step 1, 22.09 per hour, Points 282, effective 11/23/ 2021. 

Resolution

The following resolution was offered by Commissioner Cody Hasbargen and moved for adoption:

County Board PERA Resolution

Resolution   2021-11-04

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below;

BE IT RESOLVED, that the Commissioners of Lake of the Woods County hereby declares that the position titled Part Time Deputy Sheriff, currently held by Evan Wimmer meets all of the following Police and Fire membership requirements:                         

  1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;
  2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;
  3. Said position charges this employee with the prevention and detection of crime;
  4. Said position gives this employee the full power of arrest, and 
  5. Said position is assigned to a designated police or sheriff’s department.

BE IT FURTHER RESOLVED, that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision.

The motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried.

Economic Development Authority

The Board Discussed the appointment of the EDA Board

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to adopt the following resolution:

Re-Appointment of Terms of the economic development authority

Resolution 21-11-05 

Whereas Lake of the Woods County Board, pursuant to MN Statute §469.093, Subd.1 has provided a public notice and conducted a public hearing on September 14, 2010 to consider the creation of an Economic Development Authority and adopted the Enabling Resolution creating the same; and

Whereas the County Board of Commissioners of the County of Lake of the Woods adopted the following:

The EDA shall consist of a governing body of nine (9) members, as per the adopted Enabling Resolution, of which: Five (5) Sitting Commissioners, Lake of the Woods County Board of Commissioners

Four (4) Members shall be nominated by the following organizations and appointed by the County Board:

Industrial Development Corporation (IDC) to recommend appointment

Chamber of Commerce to recommend appointment

Lake of the Woods Tourism to recommend appointment

City of Baudette to recommend appointment

The Board Members and 6-year terms are established as follows:

Board Member Term Expires Representing

Brock Stebackken 12/31/2023 City of Baudette

James “Buck” Nordlof 12/31/2023 County Board District 1

Jeff Bauers 12/31/2024 IDC

Mike Kinsella 12/31/2024 Tourism Board

Ed Arnesen 12/31/2025 County Board District 5

Jon Waibel 12/31/2025 County Board District 4

Brad Nylander 12/31/2026 Chamber of Commerce

Cody Hasbargen 12/31/2021 County Board District 2 

Joe Grund 12/31/2022 County Board District 3

Whereas one board members term expiring on December 31, 2021;

Now, therefore, be it resolved that the County Board of Commissioners of the County of Lake of the Woods hereby appoints the following board member for a 6-year term;

Board Member Term Expires Representing

Cody Hasbargen 12/31/2027 County Board District 2

Lineworker’s Facility

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen to approve the purchase of Sewer Blankets for the Lineworker’s Facility. 

Ditch Authority

Review 2022 Ditch Assessments

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to close the regular meeting and open Ditch Authority.

The Ditch Authority discussed the proposed 2022 Ditch assessments.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and unanimously carried by roll call to close the Ditch Authority meeting and open the regular meeting.

Solid Waste

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2022 solid waste assessments and budget as recommended by the solid waste committee.  This would leave the rates the same as 2021 and include a cap of 999 units.

Public Works

Public Works Director A.J. Pirkl gave an update on various projects and requested signatures from Auditor/Treasurer Lorene Hanson and the board for the Main Street Project Resolution.

A request was made for final payment for project number SAP-039-649-004 of $99,191.10

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen and carried unanimously, by roll call to approve the Public Works Director’s Certificate of Performance of SAP 039-649-004 for Lake of The Woods County (Force Account) in the total amount of $99,191.10 and approve final payment for the same.

Veterans Officer Update

Veterans Officer Rick Rone gave an update about Veterans services and Transportation in our community. Rick will provide the board members with a copy of this update. 

Set Cartway Date

Motion

Motion was made by Commissioner Ed Arnesen and seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the Public Hearing date for the Peter R. Jones Cartway on December 14, 2021 at 11:00 a.m. in the Lake of the Woods County Commissioners Room.

Land & Water

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen and carried unanimously, by roll call, to approve the replacement of tires for the 2015 GMC in the Land & Water Planning Department at an estimated cost of $700.00.

Recess

A brief recess took place at 10:15a.m. and returned at 10:25a.m. to continue the meeting.

RINKE NOONAN

The Board reviewed correspondence from Rinke Noonan.

RECESS
With no further business before the Board, Vice-Chair Buck Nordlof called the meeting to recess at 10:30a.m.

Attest: December 14, 2021

_________________________________ _________________________________Auditor-Treasurer, Lorene Hanson Vice-Chair of the Board, James Nordlof

November 30, 2021

AGENDA

Tuesday, November 23, 2021

POSTPONED and AMENDED – for

Tuesday, November 30, 2021

TIME TAB

9:00 a.m. #1 Pledge to the Flag

Approve Agenda
Approve the Minutes of November 9, 2021 

9:05 a.m. #2 Social Services 

  • Claims 
  • Approve Contracts:
  • Meridian Services, Inc
  • Tri-Valley Rural Transportation Collaborative

9:10 a.m. #3 Auditor/Treasurer

  • Claims
  • Resolution- Northerly Park
    • Letter of Designation
    • Point of Contact
  • Motion – Snowmobile Grant-In-Aid Program – Drifters
  • Permission to Hire – License Clerk
  • Resolution-Establishing County Precincts & Polling Places
  • Approve Icehole Bar and Grill – 

On-Sale Intoxicating Liquor License

9:20 a.m. #4 Human Resources

  • Approval of Job Description

Assessor’s Office 

  • Permission to Hire – Part Time Deputy
  • PERA Resolution – PT Deputy / Police & Fire Plan

9:25 a.m. #5 Economic Development Authority

  • 2022 EDA Board Appointment-Resolution
  • Lineworker’s Facility

9:40 a.m. #6 Ditch Authority

  • Close Regular Meeting/Open Ditch Authority
  • Review Ditch Assessments
  • Close Ditch Authority/Open Regular Meeting

9:45 a.m. #7 Solid Waste Assessments 

  • Set 2022 SW Assessments

9:50 a.m. #8 Public Works

  • Highway
    • Update
  • Solid Waste
    • Update

10:00 a.m. #9 Veterans Officer

  • Update

10:30 a.m. #10 EV Charging Stations

  • Northern Coalition

11:00 a.m. #11 Set Cartway Hearing

  • December 14, 2021, 11:00 a.m.

11:05 a.m. #12 Con Con Requests

12:00 p.m. #13 Union Negotiations – Closed Session

  • Close Regular Meeting/Open Closed Session
    • Union Negotiations(Pursuant MN Statute 13D.03)
  • Close Closed Session/Open Regular Meeting – 

  1:00 p.m. #14 Recess

Correspondence:  Rinke Noonan

Old/New Business

  • Lessard – Sams Outdoor Heritage
  • Land Trade
  • Township Road Inventory
  • Home Health Task Force
  • Law Enforcement Center
  • Tourism/Lodging Tax

Information to attend by web or phone:
https://lotw20.my.webex.com/join/peder_h
Dial in: 1-408-418-9388
Access Code: 627433446

November 9, 2021

Tuesday, November 9, 2021

TIME TAB

9:00 a.m. #1 Pledge to the Flag

Approve Agenda
Approve the Minutes of October 26, 2021 

9:05 a.m. #2 Social Services 

  • Claims 
  • Approve Contracts:
  • NW Mediation & Custody Investigation Services
  • Lifecare Behavioral Health for Clinical Supervision

9:10 a.m. #3 Auditor/Treasurer

  • Claims
  • Resolution- Gambling Application
  • NWMN Fraternal Order of Police

9:15 a.m. #4 Calvin Benson

  • District Outreach Representative for 

Congresswoman Michelle Fischbach

9:45 a.m. #5 Human Resources

  • Approval of Job Description

Law Enforcement-Administrative Specialist

9:50 a.m. #6 Maintenance

  • Window Installation – Social Services Office

10:00 a.m. #7 Public Hearing 

  • Intent to Appoint Auditor/Treasurer

10:30 a.m. #8 LOW-SWCD-Mike Hirst

  • Rapid River Watershed Restoration & Protection Strategies (WRAPS)
  • Total Maximum Daily Load Study (TMDL)

11:00 a.m. #9 Land & Water Planning

  • Consideration of Conditional Use Permit

Robert Audette – Permit#21-15CU

11:30 a.m. #10 Public Works

  • Highway
    • Approval of Final Payment – Knife River – $2,121,067.57

SAP 039-606-019 & SAP 039-631-007

  • Update
  • Solid Waste
    • Update

11:45 a.m. #11 Veterans Officer

  • Update

12:00 p.m. #12 Con Con Requests

12:30 p.m. #13 Union Negotiations

  • Close Regular Meeting/Open Closed Session
    • Union Negotiations(Pursuant MN Statute 13D.03)
  • Close Closed Session/Open Regular Meeting – 

  1:00 p.m. #14 Recess

Correspondence: Minnkota Power Cooperative – Transmission Line Maintenance

Old/New Business

  • Lessard – Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • Home Health Care Task Force
  • Law Enforcement Center
  • Tourism/Lodging Tax

Information to attend by web or phone:
https://lotw20.my.webex.com/join/peder_h
Dial in: 1-408-418-9388
Access Code: 627433446

November 9, 2021

November 9, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 9, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Vice-Chair Buck Nordlof 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, Buck Nordlof, Jon Waibel, and on -line – Commissioner Ed Arnesen.  Absent was Commissioner Joe Grund.  Also present was Auditor-Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the agenda with the following changes: Add: Human Resources – Employee Recognition; Set Public Hearing for Cartway; Auditor – Affidavit Lost Warrant; and Remove:  Veterans Service.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the official and summarized minutes of October 26, 2021, with changes.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the following claims: Commissioners Warrants $2,462.92; Commissioners Warrants $9,694.56; Commissioners Warrants $690.98

NW Mediation Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the Contract between Lake of the Woods County and Northwest Mediation and Custody Investigation Services for the period of January 1, 2022 to December 31, 2023; and to have the County Board Chair, County Social Services Director and County Attorney sign the same.    

LifeCare Behavioral Health

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the Contract between Lake of the Woods County and LifeCare Behavioral Health Services for the period of January 1, 2022 to December 31, 2023; and to have the County Board Chair, County Social Services Director and County Attorney sign the same.    

JOINING THE MEETING

Commissioner Joe Grund arrived at the meeting at 9:15 a.m.

AUDITOR/TREASURER
Claims
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve the claims against the County as follows: Revenue $56,435.24; Road & Bridge $28,364.70; County Development $495.00; Solid Waste $22,851.86; EDA $44.56. 

 WARRANTS FOR PUBLICATION

Warrants Approved On 11/09/2021 For Payment 11/12/2021

Vendor Name           Amount

Cenex Co-Op Services, Inc. 6,220.31

Counties Providing Technology 3,860.00

Custom Autobody And Repair 2,678.59

DSC Communications 6,165.00

Howard’s Oil Company 3,325.98

Lake Area Construction Inc. 19,168.75

LOW Highway Dept 3,838.05

Mar-Kit Landfill 12,954.50

Marco Technologies LLC 2,738.70

R & Q Trucking, Inc 2,575.00

Sjoberg’s Inc 2,668.00

Wikstrom Telephone Co.,Inc 6,770.58

WSB 14,733.25

56 Payments less than 2000   $20,494.65

Final Total:  $ 108,191.36

Further moved to authorize the payment of the following auditor warrants: October 26, 2021 for $473,409.24 and November 3, 2021 for $890,101.86.

Resolution

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call:

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 21-11-01

WHEREAS; the Fraternal Order of Police NW MN #8 has submitted a Minnesota Lawful Gambling LG220 Application for Exempt Permit Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sportsman’s Lodge 2/28/2022

Sportsman’s Lodge 3244 Bur Oak Rd NW Baudette, MN 56623

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said application for submission to the Minnesota Gambling Control Board.

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the application and affidavit for lost warrant number 93819 for vendor number 3630 dated June 11, 2021 in the amount of $182.28 without furnishing indemnifying bond. 

CALVIN BENSON

Calvin Benson, District Outreach Representative for Congresswoman Michelle Fischbach, attended the meeting and gave an update to the County Board on State and Federal issues.

HUMAN RESOURCES

Human Resources Director, Savanna Slick met with the County Board to discuss a job description for Law Enforcement-Administrative Specialist.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously, by roll call to approve the job description of Law Enforcement-Administrative Specialist, Grade 11, Points 251.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the move of Julie Berggren to the new Law Enforcement-Administrative Specialist position and increase her salary to a Grade 11, Step 8, $24.14, from a Grade 10, Step 10 $23.70 effective the next full pay period (11/28/2021).  

Employee Recognition

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve the purchase of employee recognition gifts from the unallocated dept.

MAINTENANCE DEPT

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve a window installation in a Social Services office up to $2,170.00.

RECESS
The board recessed at 9:55 a.m. and reconvened at 10:00 a.m. with the following:

PUBLIC HEARING

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to close the regular session and open the public hearing for the intent to make the position of the Auditor/Treasurer an appointed position.

Commissioner Joe Grund opened the hearing with reviewing the purpose of the meeting and the procedures of making this position appointed.   The County Board did pass a resolution on October 12, 2021, for Intent of Appointment of the Office of Auditor/Treasurer.  It was published in the paper for 2 weeks and they are now holding the public hearing for comments from the public.  

The commissioners relayed their reasons for wanting this to become an appointed position instead of an elected position.  Comments were heard from the public in regards to the appointment, with questions and answers following.   No action was taken at this time.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Cody Hasbargen and carried unanimously by roll call, to close the public hearing and open the regular meeting.     

RECESS
The board recessed at 11:15 a.m. and reconvened at 11:20 a.m. with the following:

LOW-SWCD

Cary Hernandez of the Minnesota Pollution Control Agency (MPCA) and Mike Hirst, Resource Conservationist with the Lake of the Woods Soil and Water Conservation District, via phone, met with board.  Cary gave a presentation on the Watershed Restoration and Protection Strategy (WRAPS) for the Rapid River Watershed and also the Total Maximum Daily Load Study (TMDL).

LAND AND WATER PLANNING
Consideration of Preliminary Plat of Driftwood Acres by L&S Investing LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-15CU by Robert Audette:  A tract two-hundred sixty-four feet by one-thousand five-hundred seventy-three fee (264’ x 1573’) in both Government Lot Two (2) of Section seven (7) Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West and the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Eighteen (18), Township One-hundred Sixty-Two (162) North, Range Thirty-two (32) West – Parcel ID# 19.65.00.090.  Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp.  Lake of the Woods is a general development lake.

Motion 

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to deny the following Findings of Fact and Decision Conditional Use Permit #21-15CU by Robert Audette, requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp.  

The specific items considered by the County Board were as follows:

  1. The nutrient impairment of Lake of the Woods.
  2. Shoreland stabilization projects to prevent further erosion of shoreline which reduces or eliminates sedimentation and excess nutrients entering Lake of the Woods.
  3. The applicant didn’t follow process/protocol and is an egregious violation of the Lake of the Woods County Zoning Ordinance. The applicant was aware of process/protocols in place as two previous permits were applied for and approved for the installation of septic system and addition onto the existing garage.
  4. Applicant sought project assistance from the Land and Water Planning Office as noted in the file from a site visit to the property in June 10, 2020 but, went ahead without the required approvals.
  5. Alternative solutions to gain access to the lake exist that would be more environmentally friendly while still allowing the rock rip rap to remain intact and still allowing access exist; however, applicant didn’t seek project assistance from the Land and Water Planning Office prior to undertaking the project.

The County Board requires the site to be restored to original conditions as existed prior to the project occurring. The rock rip rap must be restored to the previous engineered standards. The date for completion of the restoration activities is July 31, 2022.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Robert Audette Date: November 9, 2021

Location/Legal Description:  A tract two-hundred sixty-four feet by one-thousand five-hundred seventy-three feet (264’ x 1573’) in both Government Lot Two (2) of Section seven (7) Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West and the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Eighteen (18), Township One-hundred Sixty-Two (162) North, Range Thirty-two (32) West – Parcel ID# 19.65.00.090

Project Proposal:  Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp. Lake of the Woods is a general development lake.

1.  Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES(  )NO (X)  N/A (  )

Why or why not?  The project, as constructed, is not consistent with the following high priorities identified in Lake of the Woods County Comprehensive Land Use Plan:

  1. Business and residents clearly felt that timber harvest and shoreland development have had the greatest effect on the county’s natural resources over the past decade. These two are of continuing importance to the county.
  2. The county should provide a balanced approach to land use planning which takes into consideration individual rights, protection from the actions of others, and protection of the natural environment.

The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base over the next decade. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land, and individual choice when it comes to issues of work and leisure. Following is a summary of those values important to Lake of the Woods County:

  1. Conservation: Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations; and finally, 
  2. Balance: Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

The following section describes Lake of the Woods County’s vision for future land use and development in the

county. It includes a statement of the county’s land use goals, policies it will promote through its activities, and

a future land use map that illustrates the described future land use pattern in the county.

GOALS

Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. Following are those goals pertinent to this Conditional Use Permit request:

  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain and, where necessary, improve water quality.

POLICIES

  1. Undertake and/or support activities to protect environmentally sensitive areas within the county. 
  2. Continue to effectively enforce existing ordinances; reassess the effectiveness of the county’s regulatory tools on an ongoing basis. 
  3. Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities. 

2. )  Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (  ) NO (  )  N/A (X)

Why or why not? This question has no bearing on this request. 

  1. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (X)  N/A (  )

Why or why not?  The engineered rock rip rap project is consistent; however, with the lake considered impaired for excess nutrients, the removal of the rock rip rap with a concrete ramp with allow untreated stormwater to enter the lake contributing to the increased nutrient load.

  1. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (X)  N/A (  )

Why or why not?  Did affect topography, drainage and veg cover.

  1. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A (X)

Why or why not? This project location is not along a river or tributary; however, the project is likely within the floodway of Lake of the Woods.

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?YES (X)  NO (  )  N/A (  )

Why or why not?  The concrete down to and past the Ordinary High-Water Level (OHWL), which replaced the rock rip rap is not acceptable. The proposed project to rectify the current situation would address the items identified in this question.

  1. Is the site in harmony with existing and proposed access roads?     YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

  1. Is the project proposal compatible with adjacent land uses? YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

9.  Does the project proposal have a reasonable need to be in a shoreland location? YES (X)  NO (  )  N/A (  )

Why or why not?  For access to Lake of the Woods as the entire shoreline has been stabilized with rock rip rap.

  1. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

  1. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

  1. Is the site adequate for water supply and on-site sewage treatment systems? YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

  1. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (X)  NO (  )  N/A (  )

Why or why not?  Applicant stated the walkway/access is for kayak’s and not boats.

  1. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?  YES(  ) NO (  ) N/A (X)

Why or why not? This question has no bearing on this request.

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?

YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

  1. 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 (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific items considered by the County Board are as follows:

  1. The nutrient impairment of Lake of the Woods.
  2. Shoreland stabilization projects to prevent further erosion of shoreline which reduces or eliminates sedimentation and excess nutrients entering Lake of the Woods.
  3. The applicant didn’t follow process/protocol and is an egregious violation of the Lake of the Woods County Zoning Ordinance. The applicant was aware of process/protocols in place as two previous permits were applied for and approved for the installation of septic system and addition onto the existing garage.
  4. Applicant sought project assistance from the Land and Water Planning Office as noted in the file from a site visit to the property in June 10, 2020 but, went ahead without the required approvals.
  5. Alternative solutions to gain access to the lake exist that would be more environmentally friendly while still allowing the rock rip rap to remain intact and still allowing access exist; however, applicant didn’t seek project assistance from the Land and Water Planning Office prior to undertaking the project.

The County Board requires the site to be restored to original conditions as existed prior to the project occurring. The rock rip rap must be restored to the previous engineered standards. The date for completion of the restoration activities is July 31, 2022.

Approved as Presented (   ) Approved with Conditions  (  ) Denied  (X)

November 9, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

PUBLIC WORKS

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to authorize final payment of SAP 039-606-019 and SAP 039-631-007 for Knife River Materials, of Bemidji, MN in the total amount of $2,270,907.19 and hereby authorize final payment of $113,545.36.

Highway Update
County Engineer AJ Pirkl provided an update on the status of current projects.

Solid Waste Update
County Engineer AJ Pirkl provided an update on the landfill and fish entrails for the winter.

CON CON REQUESTS

Karla Robida with the Williams Youth Recreation Association, attended the county board meeting and submitted a request for a contribution towards a splash pad project in the City of Williams.   The County Board will review all requests at the next County Board meeting, November 26, 2021.

SET PUBLIC HEARING

County Attorney met with the board to set a Public Cartway Hearing date for November 24, 2021, however, this date will not work for the board. The attorney will get back to the board with other available dates. 

CLOSED SESSION-UNION NEGOTIATIONS

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the Closed Session – Union Negotiations pursuant MN Statute 13D.03).  Present were Commissioners:  Jon Waibel, Buck Nordlof, Cody Hasbargen and Joe Grund; Commissioner Ed Arnesen was present via phone.  Also present were Auditor/Treasurer Lorene Hanson, and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the Closed Session – Union Negotiations and open the regular session.

Correspondence
The Board reviewed the following correspondence: Minnkota Power Cooperative – Transmission Line Maintenance

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 2:50 p.m.

Attest: November 30, 2021

_________________________________ _________________________________

Auditor-Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

November 24, 2020

AGENDA – Tuesday, November 24, 2020

TIME TAB

9:00 a.m. #1 Pledge to the Flag

Approve Agenda

Approve the Minutes of November 10, 2020

9:05 a.m. #2 Social Services

  • Claims
  • Approval of Contract with Tri-Valley for Volunteer Driver Services
  • Approval of Children’s Mental Health Grant Contract

9:15 a.m. #3 County Auditor/Treasurer

  • Claims
  • Affidavit of Lost Warrant
  • Resolution for Election Polling Places
  • MN Department of Revenue Lodging Tax Collection Agreement
  • Government Management Group Services Agreement
  • Con-Con Fund Application Review

9:45 a.m. #4 Friends Against Abuse – Jenell Feller

10:00 a.m. #5 Bollig

  • Resolution for Intention to be the Public Sponsor of a New Public Use General Aviation Municipal Airport

10:15 a.m. #6 Human Resources

  • Stipend Review

10:20 a.m. #7 County Surveyor Contract

10:30 a.m. #8 County Highway/Landfill 

  • Highway
    • Update 
  • Main Street Design Contract
  • Recognition of Years of Service Resolution – Mike Anderson
  • Landfill Update
  • Ditch Authority
    • County Ditch 1 Grant Acceptance from One Watershed One Plan   
  • Permission to Advertise RFP for County Ditch 1 Repair

10:45 a.m. #9 Emergency Management

  • 2020 Multi-Hazard Mitigation Plan Adoption by Resolution
  • Adoption of the Emergency Operations Plan for 2021


11:00 a.m. #10 COVID-19 Update

  • Media Campaign
  • Government Center
  • County Employees
  • Public Health/Hospital Update

11:15 a.m. #11 Ryan Zemek, Economic Development Authority Director

  • CARES Grants

Old/New Business

  • Lessard–Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • CR 33
  • Home Health Care Task Force
  • Proposed Law Enforcement Center

November 24, 2020

Commissioner Proceedings

November 24, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 24, 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: Cody Hasbargen, Joe Grund, Buck Nordlof, and Jon Waibel.  Commissioner Ed Arnesen attended the meeting by phone conference. Also present: County Auditor/Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following additions: Sheriff/Jail Update, Auditor-Treasurer/Hoffman, Philipp & Knutson Multi-Year Audit Services Agreement, and Emergency Management/Credit Card Limit Increase.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of November 10, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $19,862.03, Commissioners Warrant’s $1,289.88, Commissioners Warrant’s $7,795.37.

Approval of Contract with Tri-Valley for Volunteer Driver Services

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Contract for Rural Transportation Collaborative Volunteer Driver Services with Tri-Valley and for Social Services Director Amy Ballard to sign the same.

Approval of Children’s Mental Health Grant Contract

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Minnesota Department of Human Services County Grant Contract with the State of Minnesota’s Department of Human Services, Behavioral Health Division and for Social Services Director Amy Ballard to sign the same.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the additional COVID-19 claims and warrants against the County to be paid by Auditor Warrants.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the claims against the County as follows: Revenue $49,069.26; Road & Bridge $19,968.54; County Development $200; Solid Waste $16,550.50.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/24/2020 For Payment 11/25/2020

Vendor Name Amount

Counties Providing Technology 3,751.00

DSC Communications 3,590.00

Element Materials Technology 18,670.00

Lakewood Health Center 11,250.00

North East Technical Service,Inc 3,628.74

R & Q Trucking, Inc 2,575.00

Short Elliott Hendrickson, Inc 4,078.26

Titan Energy Systems, Inc 2,853.60

U.S. Bank Equipment Finance 6,268.50

Voice Products 6,714.58

WatchGuard Video 4,720.00

38 Payments less than 2000   17,688.62

                                  Final Total: 85,788.30

Further moved to authorize the payment of the following auditor warrants: November 9, 2020 for $470,858.47, November 9, 2020 for ($60,000), November 12, 2020 for $179,353.82 and November 18, 2020 for $126,573.84.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Cody Hasbargen and carried unanimously by roll call to approve the application and affidavit for lost warrant for Bobby J. Beggs, dated March 13, 2020 for $144.60 without furnishing indemnifying bond.

Resolution for Election Polling Places

The following resolution was offered by Commissioner Joe Grund and moved for adoption:

A Resolution Establishing County Precincts and Polling Places

Resolution 20-11-04

WHEREAS, Minnesota Statutes, Section §204B16, Subdivision 1 requires that by December 31st of each year, the County must designate by resolution a polling place for each election precinct; and

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Board of Commissioners, State of Minnesota hereby establishes polling places of the following County precincts: Baudette City Hall – Precincts 1B and 2B; Lake of the Woods County Government Center – All Mail Precincts including: 1A, 2A, 2C, 3A, 3B, 3C, 3D, 3E, 4A, 4B, 4C, 5A, 5B, 5C and 5D.  

The resolution was seconded by Commissioner Buck Nordlof the same being put to a vote, was unanimously carried by roll call.

MN Department of Revenue Lodging Tax Collection Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to enter into an agreement with the Minnesota Department of Revenue for collection of local lodging tax for Lake of the Woods County and for Chairman Jon Waibel and Auditor-Treasurer Lorene Hanson to sign the same.

Government Management Group Services Agreement 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to enter into an agreement with Government Management Group for Services Cost Allocation Plans in the amount of $3,750 for fiscal years ending December 31, 2020, 2021, 2022, 2023 and 2024 and authorize Chairman Jon Waibel to sign the same.

Con-Con Fund Application Review 

Lake of the Woods County Development Year 2021

Baudette Arena Association Inc: $12,500
Lake of the Woods International Ice Arena: $40,000

Williams Arena: $7,000

Economic Development Authority: $10,000

Depot Preservation Alliance: $5,000

Friends Against Abuse: $2,500

LOW Historical Society: $17,665

LOW Humane Society: $7,500

U of M Extension: $2,000

Williams Public Library: $650

Joint Powers Natural Resources Board: $1,000

LOW Rod and Gun Club: $1,500

LOW School Trap Team: $2,000

LOW Senior Fishing: $1,500

Rinke-Noonan-Retainer-Drainage: $2,400

St Louis County Auditor: $2,000

Take A Kid Fishing: $1,000

Williams Youth Recreation Assoc: $3,000

Widseth Smith Nolting: $16,000

Audit Fees: $900

Beaver Control Damage: $10,000

Drainage: $10,000

Total Approved Contributions for 2021: $156,115       

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to make allocations to the above organizations from the Con-Con funds, payable 2021.

Hoffman, Philipp & Knutson Multi-Year Audit Services Agreement

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to authorize entering into the multi-year audit agreement with Hoffman, Philipp, and Knutson, PLLC for audit services of Lake of the Woods County for years ended December 31, 2020, 2021, 2022, 2023 and 2024 at a fee of $29,000 per year and for Chair Jon Waibel and Auditor-Treasurer Lorene Hanson to sign the same.

FRIENDS AGAINST ABUSE – Jenell Feller

Jenell Feller gave an update to the Board on the Friends Against Abuse program in Baudette.

RECESS

The Board took a brief recess at 9:55 a.m. and reconvened the meeting at 10:00 a.m.

BOLLIG

Resolution for Intention to be the Public Sponsor of a New Public Use General Aviation Municipal Airport

The following Resolution was offered by Commissioner Ed Arnesen and moved for adoption: 

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF

LAKE OF THE WOODS COUNTY, MN.

STATING THE COUNTY’S INTENTION TO BE THE

PUBLIC SPONSOR FOR A NEW PUBLIC USE GENERAL AVIATION

MUNICIPAL AIRPORT LOCATED ON THE NORTHWEST ANGLE, MN

RESOLUTION NO. 2020-11-05

WHEREAS, the Lake of the Woods County Board, and the surrounding community, recognizes the unique geographic and historic position of the detached portion of the county, state of Minnesota and the United States known as the Northwest Angle, and

WHEREAS, the County Board understands the perilous situation surrounding the welfare of the citizens that are suffering under the current quarantine and subsequent closure of the international border, and

WHEREAS, the County Board recognizes that a general aviation, public use airport is a critical, yet missing, transportation link that is vital to strengthening and supporting the regional and local transportation system, and

WHEREAS, the County and the residents of the Northwest Angle community recognizes that the lack of airport facilities places human health and safety in peril, and exacerbates community and economic isolation, and 

WHEREAS, the County Board acknowledges that public safety, health, nutrition and economic needs, and future economic growth potential will be greatly improved by the construction of a general aviation airport at an appropriate location on the Northwest Angle, and

WHEREAS, the County Board approves and supports the efforts to study the feasibility of constructing a new airport facility at an appropriate location that will accommodate current and future community and aviation needs while minimizing impacts to natural and cultural resources, and,

WHEREAS, the County Board authorizes the Federal Aviation Administration (FAA) and Minnesota Department of Transportation (MNDOT) Aeronautics to undertake a primarily federally funded feasibility study and Master Planning Study primarily for an airport at or near the North West Angle of Minnesota, and

WHEREAS, the County Board acknowledges the FAA, as the Lead Federal Agency, will begin appropriate tribal consultation during airport planning with associated Native American governments including the Red Lake Nation.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods Board of Commissioners hereby declares its intent to be the Public Sponsor of an airport at the Northwest Angle, and urges support for the FAA and MnDOT Aeronautics to take the actions necessary to fulfill the spirit of Governor Walz’s Executive Order 19-24, to finalize site selection, and provide the grant funds necessary to accomplish this purpose.

The resolution was seconded by Commissioner Joe Grund, and the same being put to a vote, was unanimously carried by roll call.

HUMAN RESOURCES

Stipend Review

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve a $500 stipend for Sandy Peterson and Tami Maurer for the month of November 2020.  The stipend will end on November 30, 2020.

COUNTY SURVEYOR CONTRACT

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve entering into a professional services contract with Widseth, Smith, Nolting and Associates Inc. for County Surveyor Services, the time period commencing January 1, 2021 and terminating December 31, 2024 at a cost of $15,000 per year and for Chair Jon Waibel, Auditor-Treasurer Lorene Hanson and County Attorney James Austad to sign the same.

COUNTY HIGHWAY/LANDFILL

Highway

Update

County Engineer AJ Pirkl provided a highway update.  

Main Street Design Contract

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve a contract with Freeburg and Grund in the amount of $47,200 for design of Main Street in Baudette from the Brink Center to the Grand Theater.

Recognition of Years of Service Resolution – Mike Anderson

The following resolution was offered by Chairman Jon Waibel and moved for adoption:

RECOGNITION OF YEARS OF SERVICE 

MICHAEL ANDERSON

RESOLUTION NO. 2020-11-03

WHEREAS, Michael Anderson has served Lake of the Woods County as a Heavy Equipment Operator and Maintenance Supervisor since April 17, 1989;

WHEREAS, Michael will retire from Lake of the Woods County effective December 1, 2020 with thirty-one years of service;

NOW, THEREFORE, BE IT RESOLVED, That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Michael for his dedicated service and wishes him well on his retirement.

The resolution was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried by roll call.

Landfill Update

County Engineer AJ Pirkl provided a landfill update.

Ditch Authority

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and unanimously carried by roll call to close the regular meeting and open Ditch Authority.

The Ditch Authority discussed maintenance work for JD 22 and County Ditch 1, which will be reviewed with Roseau County.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and unanimously carried by roll call to close the Ditch Authority meeting and open the regular meeting.

County Ditch 1 Grant Acceptance from One Watershed One Plan    

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and unanimously carried by roll call to accept a grant from One Watershed One Plan for project development to address erosion on County Ditch 1. The cost for project development will be $31,500 with a county required match of $3,500 to be paid with state-aid funds.

Permission to Advertise RFP for County Ditch 1 Repair

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and unanimously carried by roll call to approve permission to advertise RFP for County Ditch 1 repair.

SHERIFF

Jail Update

Sheriff Gary Fish provided an update to the Board.  Fish received communication from the Department of Corrections that a two-year extension (through July 1, 2023) was granted on the sunset date for progress on the new jail, as long as benchmarks continue to be met.  Fish plans to work on a contract with Roseau County and will continue work on additional projects, including a camera system and records management system (RMS).  Commissioner Buck Nordlof agreed to meet with the Sheriff’s Department to review their RMS needs.  The Board would like a report prepared showing the cost savings from programs that would be replaced if the new RMS system was purchased. It was also requested that the RMS vendor provide a presentation to the Board.

RECESS

The Board took a brief recess at 11:36 a.m. and reconvened the meeting at 11:41 a.m.

EMERGENCY MANGEMENT

2020 Multi-Hazard Mitigation Plan Adoption by Resolution

The following Resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the following: 

RESOLUTION OF ADOPTION OF THE 

LAKE OF THE WOODS COUNTY

ALL-HAZARD MITIGATION PLAN

Resolution No.  20-11-06

WHEREAS, Lake of the Woods County has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and

WHEREAS, the Act establishes a framework for the development of a County Hazard Mitigation Plan; and

WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and

WHEREAS, the Lake of the Woods County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and

WHEREAS, the Lake of the Woods County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and

WHEREAS, the Lake of the Woods County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Lake of the Woods County will maintain public participation and coordination; and

WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and

WHEREAS, the Lake of the Woods County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and 

WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan.

NOW THEREFORE BE IT RESOLVED that Lake of the Woods County supports the hazard mitigation planning effort and wishes to adopt the Lake of the Woods County All-Hazard Mitigation Plan.

Adoption of the Emergency Operations Plan for 2021

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the Lake of the Woods County Emergency Operations Plan for 2021.

Request for Credit Card Limit Increase

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve a county credit card limit increase to $5,000 for Jill Hasbargen Olson, Lake of the Woods County Emergency Management Director. This is a temporary increase to be revisited after the pipeline protesting issues in neighboring counties cease or in June of 2021, whichever is sooner.

COVID-19 UPDATE

Media Campaign 

Jill Hasbargen Olson, Emergency Management Director, provided an update on a media campaign that was launched this week to encourage wearing masks to slow the spread of COVID-19. Some of the media materials will be available for local businesses to use as well.  Hasbargen Olson also mentioned the use of COVID-19 funds to sponsor a related coloring contest with the Northern Light Region.

Government Center

Jill Hasbargen Olson, Emergency Management Director, discussed what would initiate the Government Center to go to an appointment-only status.  It was agreed that this decision would be made when/if the Lake of the Woods School goes to distance learning.

County Employees

The Board encourages employees to consult with department heads about working remotely, after traveling out of the state.

Public Health/Hospital Update

Kay M. Schell, Public Health Manager at CHI LakeWood Health, provided an update. Positive cases of COVID-19 are rising in Lake of the Woods County.  The school is doing well, but because numbers are up in the county, if someone at the school has one of the less common symptoms they are asked to go home.  Surrounding counties have found that the distance learners have more positive cases compared to those who are attending school in the classroom.  ICU beds are very limited in the area.  CHI LakeWood Health long-term care residents and staff are tested for COVID-19 every week and all other staff are tested monthly.  COVID-19 testing is available at CHI LakeWood Health with doctor order.  There is also a no-cost, at-home COVID-19 saliva test that can be requested through the Minnesota Department of Health.  No timeline is available for the vaccine, but there is a prioritization for healthcare workers and long-term care.

RYAN ZEMEK, ECONOMIC DEVELOPMENT AUTHORITY DIRECTOR

CARES Grants

Ryan Zemek, Economic Development Authority Director, provided an update on the additional applications and award amounts for the CARES Grants. It was the consensus of the Board for Lake of the Woods Economic Development Authority to proceed with the awards as presented.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the CARES Grants as presented and to appropriate and transfer $8,100 to the Economic Development Authority Fund.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 12:35 p.m. 

Attest: December 15, 2020

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Chairman Jon Waibel

November 10, 2020

AGENDA – Tuesday, November 10, 2020

TIME TAB

9:00 a.m. #1 Pledge to the Flag

Approve Agenda

Approve the Minutes of October 27, 2020

9:05 a.m. #2 Social Services

  • Claims

9:10 a.m. #3 County Auditor/Treasurer

  • Claims
  • Motion to Hire
  • Motion for Wells Fargo Motor Vehicle Checking Account
  • Snowmobile Grant-In-Aid Program

9:15 a.m. #4 Human Resources

  • Convene Training Renewal for 2021

9:20 a.m. #5 Land and Water Planning

  • Consideration of Conditional Use Permit #20-07CU
    by Ryan Kerr, Dennis King, and Sunset Lodge, LLC
  • Consideration of Conditional Use Permit #20-08V
    by Kristine Hawkins

9:40 a.m. #6 County Highway/Landfill 

  • Highway Update
  • Landfill Update

9:50 a.m. #7 Baudette Depot – Depot Preservation Alliance

  • Funding Request

10:00 a.m. #8 Ryan Zemek, EDA Director

  • Update on CARES Applications

Correspondence:  Williams Senior Citizens

Old/New Business

  • Lessard–Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • CR 33
  • Home Health Care Task Force
  • Proposed Law Enforcement Center

November 10, 2020

Commissioner Proceedings

November 10, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 10, 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: Cody Hasbargen, Joe Grund, and Jon Waibel.  The following members were present by phone: Commissioners: Ed Arnesen and Buck Nordlof. Also present: County Auditor/Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the agenda with the following additions: Human Resources/Permission to advertise, interview and hire a heavy equipment operator; County Highway/Approve wage for supervisor position, EDA/Resolution for Minnesota Investment Fund Program and Auditor-Treasurer/ Northwest Minnesota Fraternal Order of Police Lodge #8 Gambling Permit.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the official and summarized minutes of October 27, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the following claims: Commissioners Warrant’s $9,494.83 Commissioners Warrant’s $1,606.69, Commissioners Warrant’s $6,541.30.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the claims against the County as follows: Revenue $105,253.09; Road & Bridge $52,288.17; County Development $5,851.50; Joint Ditch $287.50; Solid Waste $24,373.82, EDA $1,656.92.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/10/2020 For Payment 11/13/2020

Vendor Name Amount

Bollig Inc 9,000.00

Cenex Co-Op Services, Inc. 7,141.40

Cps Technology Solutions 8,742.97

Davidson Ready Mix & Construction Inc 7,545.00

DSC Communications 53,860.00

Freeberg & Grund, Inc 13,592.24

Government Management Group, Inc 3,600.00

Howard’s Oil Company 2,320.37

LOW Highway Dept 6,077.50

Mar-Kit Landfill 13,479.25

SeaChange Print Innovations 6,367.72

Titan Machinery – Roseau 13,268.74

Widseth Smith Nolting&Asst Inc 10,605.33

Woody’s Service 2,460.29

Wright Locksmith and Security Systems 7,560.00

63 Payments less than 2000   24,090.19

Final Total: 189,711.00

Further moved to authorize the payment of the following auditor warrants: October 26, 2020 for $615,274.16, November 4, 2020 for $539,203.28.

Permission to Hire

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to hire Anna Sanchez for the position of Deputy Auditor/Treasurer- License Clerk/Board Administration at Grade 11, Step 1, $20.33 per hour, Points 253, effective 11/2/2020.

Wells Fargo Motor Vehicle Checking Account

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to authorize the following employees; County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Erik Tange, Deputy Auditor/Treasurer Jaime Boretski-LaValla, Deputy Auditor/Treasurer Connie Nesmith and Deputy Auditor/Treasurer Anna Sanchez, to sign for account number 5502 effective 11/2/2020.

Snowmobile Grant-In-Aid Program

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to authorize the FY 2021 Maintenance and Grooming Grants with the State of Minnesota Department of Natural Resources Snowmobile Grant-In-Aid Program for Big Traverse (LOW Drifters) and NW Angle Edgeriders in the amount of $174,422.35 and authorize Chair Jon Waibel and County Auditor/Treasurer Lorene Hanson to sign the same.

Gambling Permit Resolution

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously by roll call:

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 20-11-01

WHEREAS; the Northwest Minnesota Fraternal Order of Police Lodge #8 has submitted a Minnesota Lawful Gambling LG220 Application for Exempt Permit Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sportsman’s Lodge 2/22/2021

 Sportsman’s Lodge 3244 Bur Oak Rd NW Baudette, MN 56623

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said application for submission to the Minnesota Gambling Control Board.

HUMAN RESOURCES

Convene Training Renewal for 2021

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the Convene Training renewal at $999 for 2021.

Advertise, Interview and Hire Heavy Equipment Operator

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to advertise, interview and hire a heavy equipment operator at Grade 11, Step 1, Points 265, $20.33 per hour.

LAND AND WATER PLANNING

Consideration of Conditional Use Permit #20-07CU by Ryan Kerr, Dennis King, and Sunset Lodge, LLC

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for tracts of land in Government Lot 3, Section Two (2), Township One Hundred Sixty-seven (167) North, and Range Thirty-Three (33) West, Parcel IDs# 06.02.14.040, 06.02.14.030 and 06.02.14.020. Applicants are requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to allow the movement of more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repairing shoreline damage. Lake of the Woods is a General Development Lake. No comments were heard from the public. Stromlund reviewed the Findings of Fact of the Planning Commission and informed the Board that this application was approved by them as presented.


Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following Findings of Fact/Conditional Use Permit for Ryan Kerr, Dennis King, and Sunset Lodge, LLC to allow the movement of more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repairing shoreline damage, as presented.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Ryan Kerr; Dennis King; Sunset Lodge LLC__________ Date:  _Nov. 10, 2020

Location/Legal Description: The North ½ of the South ½ of the South ½ of Government Lot 3; the North 115’ of the South 165’ of Government Lot 3; The South ½ of the North ½ of the South ½ of Government Lot 3, Section Two (2), Township One Hundred Sixty-seven (167) North, Range Thirty-three (33) West – Parcel IDs# 06.02.14.030; 06.12.14.040; 06.02.14.020.

Project Proposal:  Place more than 10 cubic yards of material in the shore impact zone of Lake of the Woods for the purpose of rip-rap. Lake of the Woods is a General Development Lake.

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )

Why or why not?  Shoreline repair and stabilization.

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (X) NO (  )  N/A (  )

Why or why not?  Saves shoreline.

  1. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (X)  NO (  )  N/A (  )

Why or why not?  Will not/stops erosion.

  1. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. Is the site in harmony with existing and proposed access roads?     YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. Is the project proposal compatible with adjacent land uses? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

9. Does the project proposal have a reasonable need to be in a shoreland location?

YES (X)  NO (  )  N/A (  )

Why or why not?  Saves shoreline.

  1. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. Is the site adequate for water supply and on-site sewage treatment systems?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                                                                                    YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?                                                                                                      YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. 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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                               YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:  None

Approved  as Presented  (X ) Approved with Conditions  (  ) Denied  (  )

November 10, 2020 _____________________________________

Date Jon Waibel

        Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit #20-08V by Kristine Hawkins

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Lot 2, Block 1, Harris Addition, Section Nineteen (19), Township One Hundred Sixty-two (162) North, Range Thirty-one (31) West, Parcel ID# 19.63.01.020. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to allow movement of more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repairing shoreline damage. Lake of the Woods is a General Development Lake.  No comments were heard from the public. Stromlund reviewed the Findings of Fact of the Planning Commission and informed the Board that this application was approved by them as presented.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following Findings of Fact/Conditional Use Permit for Kristine Hawkins to allow movement of more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repairing shoreline damage, as presented.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  __Kristine Hawkins______________________ Date:  _November 10, 2020_

Location/Legal Description: _Lot 2 Block 1 Harris Addition, Section Nineteen (19), Township One Hundred Sixty-two (162) North, Range Thirty-one (31) West – Parcel ID# 19.63.01.020_________________________

Project Proposal:  Place more than 10 cubic yards of material in the shore impact zone of Lake of the Woods for the purpose of rip-rap. Lake of the Woods is a General Development Lake.

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )

Why or why not?  Shoreline stabilization.

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (X) NO (  )  N/A (  )

Why or why not?  Saves shoreline.

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

7. Is the site in harmony with existing and proposed access roads?     YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

8. Is the project proposal compatible with adjacent land uses? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

9. Does the project proposal have a reasonable need to be in a shoreland location?

YES (X)  NO (  )  N/A (  )

Why or why not?  Shoreline stabilization.

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                                                                                    YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?                                                                                                        YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

16. 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 (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                              YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:  None

Approved  as Presented  (X ) Approved with Conditions  (  ) Denied  (  )

November 10, 2020 _____________________________________

Date Jon Waibel

        Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

COUNTY HIGHWAY/LANDFILL

Highway 

County Engineer AJ Pirkl provided a highway update.  

Landfill Update

County Engineer AJ Pirkl provided a landfill update.

Approve Wage for Supervisor Position

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried by roll call, with Commissioner Joe Grund abstaining, to approve offering the wage for the maintenance supervisor at Grade 15, Step 5, $27.74 per hour effective 12/02/2020, pending acceptance of the offer.

BAUDETTE DEPOT – DEPOT PRESERVATION ALLIANCE

Funding Request

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve $10,000 from CARES Act Funds for the Depot Preservation Alliance. The full request from the Depot will be revisited at the next Board Meeting.

RECESS

The Board took a brief recess at 9:45 a.m. and reconvened the meeting at 9:52 a.m.

RYAN ZEMEK, EDA DIRECTOR

Resolution for Minnesota Investment Fund Program

Resolution

The following Resolution was offered by Commissioner Buck Nordlof and moved for adoption: 

RESOLUTION IN SUPPORT OF

Minnesota Investment Fund Program Application

Resolution No. 2020-11-02

Resolution regarding the approval of a Minnesota Investment Fund Application in connection with Lake of the Woods County and the Lake of the Woods County Economic Development Authority for the project entitled Lake of the Woods Distilling Company.

WHEREAS, the Lake of the Woods County, Minnesota (the “County”), desires to assist Lake of the Woods Distilling Company which is proposing a Distillery in the City of Baudette; and,

WHEREAS, the Lake of the Woods County understands that Lake of the Woods Distilling Company through and with the support of the Lake of the Woods Economic Development Authority wishes to apply or has applied to the Minnesota Department of Employment and Economic Development’s Minnesota Investment Fund Program for project financing; and,

WHEREAS, the Lake of the Woods County Board of Commissioners held a County Board meeting on Tuesday, November 10, 2020 to consider this matter.

NOW, THEREFORE BE IT RESOLVED that after due consideration, the Board of Commissioners of Lake of the Woods County, Baudette, Minnesota, hereby express their approval of the Minnesota Investment Fund application from the Lake of the Woods County Economic Development Authority to assist with this project.

The resolution was seconded by Commissioner Joe Grund, and the same being put to a vote, was unanimously carried by roll call.

Update on CARES Applications

EDA Director, Ryan Zemek, provided an update to the Board regarding the request for funding from local businesses through the CARES Application, he has received some additional interest and will keep applications open through the 23rd of November.

CORRESPONDENCE

The Board reviewed correspondence from the Williams Senior Citizens.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 10:10 a.m. 

Attest: November 24, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Jon Waibel

November, 2019

Commissioner Proceedings

November 12, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 12, 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, Ed Arnesen and Buck Nordlof.  Also present were: County Auditor/Treasurer Lorene Hanson, Jaime Boretski-LaValla and Woody Fiala.

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: Removal of #7 Construction Engineer/Contract Approval and #10 County Attorney/Tobacco 21 Ordinance and Event Planning Ordinance.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official and summarized minutes of October 22, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims, Child Support Agreement & Arrangement for CY 2020-21 and the Regional Fraud Prevention Investigation Program Agreement.

Claims
Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $14,092.57, Commissioners Warrant’s $2,989.24, Commissioners Warrant’s $11,238.78.

Child Support Agreement & Arrangement for CY 2020-21

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Child Support Agreement & Arrangement for CY 2020-21 and authorize Chairman Hasbargen to sign the same.

Regional Fraud Prevention Investigation Program Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Regional Fraud Prevention Investigation Program Agreement and authorize Chairman Hasbargen to sign the same.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, affidavit of lost warrant, AirMedCare Membership Agreement, FY 2020 Snowmobile Grant-In-Aid Program Agreement, Representation Letter to Hoffman, Philipp and Knutson, State Audit Invoice, proposed DNR Land Exchange, Approval of Disaster Abatement.

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $105,855.88, Road & Bridge $114,441.23, County Development $599.79, Solid Waste $52,913.71 and EDA $121.44.

Warrants Approved On 11/12/2019 For Payment 11/15/2019

WARRANTS FOR PUBLICATION

Vendor Name                                        Amount

Burg Electronic Recovery                                         17,901.00

Cdw Government, Inc                                                 3,012.57

Cenex Co-Op Services, Inc.                                     15,975.24

Cps Technology Solutions                                          8,577.97

Farmers Union Oil Co.                                                 2,715.03

Howard’s Oil Company                                               3,374.92

Interstate Engineering Inc                                         62,828.52

Mar-Kit Landfill                                                          16,594.25

Olson Construction BDT, LLC                                   37,850.00

Protection Systems, Inc                                            27,476.00

R & Q Trucking, Inc                                                     5,150.00

Traffic Marking Service, Inc.                                     28,531.06

Woody’s Service                                                        4,944.20

84 Payments less than $2,000                                  39,001.29

                   Final Total: 273,932.05

Further moved to authorize the payment of the following auditor warrants: October 23, 2019 for $430,431.91, October 30, 2019 for $425,194.15, November 6, 2019 for $97,566.12.

Lost Warrant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the application and affidavit for lost warrant for AmericInn of Grand Forks, dated August 30, 2019 for $87.30 without furnishing indemnifying bond.

AirMedCare Membership Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the AirMedCare Network Membership Agreement for medical necessity within Lake of the Woods County or Roseau County in the amount of $16,803.00 for 2020 from the revenue fund and authorize Chairman Hasbargen to sign the same.

FY 2020 Snowmobile Grant-In-Aid Program Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to enter into the FY 2020 Maintenance and Grooming Grants with the State of Minnesota, Department of Natural Resources for Snowmobile Grant-In-Aid Program for Big Traverse (LOW Drifters) and NW Angle Edgeriders in the amount of $176,677.11 and authorize County Auditor/Treasurer, Lorene Hanson and Chairman Hasbargen to sign the same.

Representation Letter to Hoffman, Philipp and Knutson

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the representation letter to Hoffman, Philipp and Knutson.

State Audit Invoice

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve payment for the audit of year 2015 at $73,013.59. Payment for the audit of year 2016 invoiced at $63,766.10 was not approved.  A letter will be sent along with the payment for audit year 2015 to explain the non-payment of audit year 2016.

Land Exchange

The board reviewed and had no concerns regarding a Land Exchange Proposal in Lake of the Woods County between the MN Department of Natural Resources and a private land owner.

Disaster Abatement

Reviewed application for local-option disaster abatements and credits received from Roger Porch.

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the application for local-option disaster abatements and credits for Roger Porch in the amount of $334.00.

CON CON FUNDS

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to make allocations to the below organizations from the Con Con funds, payable in 2020.

LAKE OF THE WOODS COUNTY

County Development

Year 2020

Baudette Arena Association                           $20,000

                                    Baudette Arena Association (New)                $40,000

Williams Arena Association                            $7,000

Baudette Chamber-Chamber Projects            $9,350
            Baudette Community Fdn: Grand Theater      $4,000

Economic Dev-Marketing/Operational           $10,000

Friends Against Abuse                                                $2,500

LOW Historical Society                                   $12,500

LOW Humane Society-Support                        $7,500

University of MN Extension                            $2,000

University of MN Extension-RRV Emg Lead   $300

Williams Senior Center                                   $4,000

Williams Public Library                                   $650

Joint Powers Natural Resources Board           $1,000

Keep it Clean                                                   $2,500

LOW Road & Gun Club                                   $2,000

LOW School Trap Team-Operational Exp       $2,000

LOW Senior Fishing (LOW Chapter)               $1,500

Rinke-Noonan-Retainer-Drainage                  $2,400

St. Louis County Aud-(NCLUCB)                      $2,000

Take A Kid Fishing                                           $1,000

Widseth Smith Nolting                                    $16,000

Auditing Fees                                                  $900

Beaver Control                                                $10,000

Drainage                                                         $10,000

                                                                        $171,100.00

ASSESSOR
County Assessor, Mary Jo Otten, and Human Resources Director, Savanna Slick, met with the board to review an Abatement Policy for Lake of the Woods County.

Abatement Policy

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Lake of the Woods County Abatement Policy effective 11/12/2019.

CONSTRUCTION ENGINEER-LAW ENFORCEMENT CENTER

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve Kraus-Anderson as the Construction Manager at Risk for the Lake of the Woods County Law Enforcement Center.

SHERIFF

Pine to Prairie Drug and Violent Crime Task Force Agreement

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the Joint Powers Agreement for the Pine to Prairie Drug and Violent Crime Task Force and authorize Chairman Hasbargen to sign the same.

Liaison for Humane Society

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve appointing Sheriff Gary Fish as the liaison for the Lake of the Woods Humane Society. 

HIGHWAY

County Engineer, Anthony (A.J.) Pirkl, met with the board to provide an update on projects.

County Road 80

Pirkl spoke with MNDOT regarding the drainage issues on County Road 80. A problem culvert was cleaned in that area and stop logs can be put in front of another culvert this spring to help get the water to start moving north.  The County will assess the road and the amount of sediment draining into Silver Creek this spring, create a plan and look into possible grant opportunities.

County Road 3 and 6

Signage:ITS is to remove the detour signs by Friday, if not removed the County will remove them.

Contracts: Did well on the contracts overall, the contract with Interstate Engineering Inc. went over on time due to weather conditions.

Update on Lighting of Intersections: There is a MNDOT lighting of intersections project coming up in 2024 or lighting can be looked at for installation in spring of 2020.  For safety, the board felt that the lighting should be done in the spring of 2020.

Aggregate Donation

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the acceptance of a donation of 14,000 cubic yards of aggregate to be placed on County property near the gun range.

Next Year’s Projects

The golf course has been surveyed.  Currently in discussion on the 1st Avenue project, looking at road surfacing material options and determining what would hold up best to the heavier delivery vehicles that frequent that road.

Landfill Update

There will be a Hazmat meeting on November 20, 2019 at 10:00 a.m. in the Commissioners’ Room.

Cell Phone for County Engineer

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a County owned smart phone for the County Engineer.

HOFFMAN, PHILIPP AND KNUTSON

Audit Exit Review

Colleen Hoffman, CPA, from Hoffman, Philipp and Knutson reviewed the YE 2018 audit with the County Board.  The audit was finished and submitted on time. The county currently has an A+ rating.

CORRESPONDENCE

The board reviewed correspondence from Freeberg & Grund Inc. and from the MN Department of Natural Resources Parks and Trails.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 12:10 p.m.

Attest:                                                                                      November 12, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

=========================================================================================================================================================================

Commissioner Proceedings

November 26, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 26, 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, Ed Arnesen and Buck Nordlof.  Also present were: County Auditor/Treasurer Lorene Hanson, County Attorney Jim Austad, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following additions: Concern regarding land sale and MN DNR Equipment Grant for Snowmobile Trail Groomer.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of November 12, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims and fee policy.

Claims
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $5,539.56, Commissioners Warrant’s $4,664.49, Commissioners Warrant’s $28,338.91.

Social Services Fee Policy

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Lake of the Woods County Social Services Fee Policy dated October 28, 2019.

WELLNESS

Members of the Employee Wellness Committee met with the board to provide an update on committee members and current initative with the Statewide Health Improvement Partnership (SHIP), which focuses on physical activity and tobacco prevention and control.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, resolution/designation of polling places, equipment grant for snowmobile trail grooming.

Claims

Motion

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 $42,127.06, Road & Bridge $11,149.18, Joint Ditch $6,000, Solid Waste $23,176.08 and EDA $141,231.26.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/26/2019 For Payment 11/27/2019

Vendor Name                                        Amount

Counties Providing Technology                                  3,690.00

Greenview Landscaping, Inc                                     6,000.00

Hildi Inc                                                                        4,950.00

Lakewood Health Center                                          15,000.00

Liberty Tire Recycling, LLC                                         3,069.60

LOW County Auditor-Treasurer                             140,000.00

LOW Highway Dept                                                    8,345.20

Mn Dept Of Transp                                                     5,775.04

North East Technical Service,Inc                                4,270.10

Pb Distributing Inc                                                       2,660.75

Short Elliott Hendrickson, Inc                                      3,604.98

TOTALFUNDS                                                             3,000.00

42 Payments less than 2000                                      23,317.91

     Final Total: 223,683.58

Further moved to authorize the payment of the following auditor warrants: November 13, 2019 for ($225.00), November 13, 2019 for ($2,182.26), November 13, 2019 for $109,965.94, November 13, 2019 $557,562.20, November 20, 2019 for $446,190.38.

Resolution Establishing County Precincts and Polling Places

The following resolution was offered by Commissioner Buck Nordlof and moved for adoption:

A RESOLUTION ESTABLISHING COUNTY PRECINCTS AND POLLING PLACES

RESOLUTION 19-11-01

WHEREAS, Minnesota Statutes, Section §204B16, Subdivision 1 requires that by December 31st of each year, the County must designate by resolution a polling place for each election precinct; and

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Board of Commissioners, State of Minnesota hereby establishes polling places of the following County precincts: Baudette City Hall – Precincts 1B and 2B; Lake of the Woods County Government Center – All Mail Precincts including: 1A, 2A, 2C, 3A, 3B, 3C, 3D, 3E, 4A, 4B, 4C, 5A, 5B, 5C and 5D. 

The resolution was seconded by Commissioner Ed Arnesen the same being put to a vote, was unanimously carried.

MN DNR Grant Agreement for Snowmobile Trail Groomer

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the Grant Agreement/Contract with the MN DNR for Project #0041-19-1C: New wetlands trail groomer and for Commissioner Hasbargen to sign the same.

MIS

Beacon Update

Eric Solo, GIS/IT Specialist, provided an update to the board on the Beacon website, which provides local government GIS for the web.  The site is live and open to the public, but not all layers of information are available without a subscription.  The County can subscribe and make all of the layers of information available to the public.  Susan Ney, County Recorder, suggested that the yearly subscription fee of $8,400 be paid from the Recorder’s Enhancement Fund.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve purchasing a three-year subscription (through 12/31/2022) to Beacon with yearly subscription fees of $8,400 from the Recorder’s Enhancement Fund.

Website

Working on a plan to meet website compliance guidelines and will request bids from vendors who have experience working with government websites.

Infrastructure/New Server

Support for Windows 7 is coming to an end on January 14, 2020. County computers will be upgraded to Windows 10.  Memory upgrades to be purchased in 2019 will cost $14,000. Additional funds will be needed in 2020 for a new server, the 2020 budget is $29,000 short.  The consensus of the County Board is to go ahead with these updates.  Commissioner Ed Arnesen would like to have a meeting with an expert/vendor regarding cloud computing.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of computer memory upgrades at the cost of $14,000 to be paid from the 2019 MIS Department Budget.

MCIT Cyber Security

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve an increase in the MCIT Cyber Security Coverage Limit to $250,000 effective November 26, 2019.

HIGHWAY

Freeberg and Grund, Inc. Contract for First Avenue NW

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the Contract with Freeberg and Grund, Inc. for the First Avenue NW project in Baudette and for Commissioner Hasbargen to sign the same.

Resolution to Transfer Excess Funds

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously:

RESOLUTION

TRANSFER OF EXCESS MUNICIPAL FUNDS TO REGULAR FUNDS

RESOLUTION NO. 19-11-02

WHEREAS, Minnesota Statute 162.08, Subd 4 (d), provides that accumulated balances in excess of two years of municipal account apportionments may be spent on projects located outside of municipalities under 5000 population when approved solely by resolution of the county board.

NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Transportation transfer $ 300,000.00 in excess of two years apportionment into the Regular Construction Account for Lake of the Woods County.

Update

County Engineer, Anthony (A.J.) Pirkl, met with the board to provide an update on projects. 

  • A community meeting will be set up to discuss the CSAH 31/Golf Course Project. 
  • Pirkl is working with NRCS on the Bostic/JD28 two-stage ditch design.  The project will require water to be diverted from JD28 to JD16 during construction.  JD16 and JD24 need cleaning. 
  • ITS came last Tuesday and picked up half of the road construction signs.  On Friday, the County picked up the remaining signs and sand bags, they did track their time/cost.

RECESS

The meeting was called to recess at 10:21 a.m. and reconvened at 10:30 a.m. as follows.

COUNTY ATTORNEY

T-21 Ordinance

County Attorney, Jim Austad, met with the board to request to initiate the process for a public hearing on the Tobacco 21 Ordinance. 

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve a public hearing on January 28, 2020 for the Tobacco 21 Ordinance.

Event Planning

County Attorney, Jim Austad, requested to postpone the event planning discussion so that the Emergency Management Coordinator could be available to participate.

ECONOMIC DEVELOPMENT AUTHORITY

Revolving Loan Fund Request

Lake of the Woods Economic Development Authority Director, Ryan Zemek, met with the board to request $140,000 for the revolving loan program, which was originally matched by USDA.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to recontribute $140,000 to the Lake of the Woods Economic Development Authority for the revolving loan program.

LAND AND WATER PLANNING/SWCD

Feedlot Program

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the MPCA Feedlot Program Delegation Agreement Work Plan and for Commissioner Hasbargen to sign the same.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to authorize Land and Water Planning Director, Josh Stromlund, to be the authorized representative for the MPCA Feedlot Program.

Lake of the Woods One Watershed One Plan Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously:

RESOLUTION TO ADOPT AND IMPLEMENT THE LAKE OF THE WOODS WATERSHED COMPREHENSIVE WATERSHED MANAGEMENT PLAN

RESOLUTION NO. 19-11-03

Whereas, the Lake of the Woods (county) has been notified by the Minnesota Board of Water and Soil Resources that the Lake of the Woods Watershed Comprehensive Watershed Management Plan has been approved according to Minnesota Statutes §103B.801 and Board Resolution #16-17:

Now; Therefore, Be it Resolved, the county hereby adopts and will begin implementation of the approved Comprehensive Watershed Management Plan for the area of the county identified within the Plan.

Be it Further Resolved after the adoption of the Plan, the county shall amend existing water and related land resources plans and official controls as necessary to conform them to the Comprehensive Watershed Management Plan.

Be it Further Resolved after the adoption of the Comprehensive Watershed Management Plan or amendments to the plan, Lake of the Woods County shall notify local units of government within the county. The local units of government are required to submit existing water and related land resources plans and official controls within 90 days to the county for review as per Minnesota Statutes, Section 103B.321.

Be it Further Resolved that within 180 days, the county shall review the submitted plans and official controls and identify any inconsistencies between the local plans and official controls and the Comprehensive Watershed Management Plan. The Lake of the Woods County shall specify applicable and necessary measures to bring the local plans and official controls into conformance with the Comprehensive Watershed Management Plan.

Be it Further Resolved if a local unit of government disagrees with any changes to its plan, the local unit has 60 days after receiving the county’s recommendations to appeal the recommendations to the Board of Water and Soil Resources.

Be it Further Resolved after receiving the recommendations of the county, or a resolution of an appeal, a local unit of government has 180 days to initiate revisions to its plan or official controls.  The new or revised plans and official controls must be submitted to the county for review and recommendations.

Proposed SSTS Rule Revisions

It was the consensus of the County Board for Land and Water Planning Director, Josh Stromlund, to send a letter to Rep. Dan Fabian to voice an opinion on the rule revision.

Zoning Ordinance Status Update

Land and Water Planning Director, Josh Stromlund, plans to work on the zoning ordinance in December and bring it forth for adoption before construction season.

Statewide LiDAR Coverage

Land and Water Planning Director, Josh Stromlund, received a request to be a funding partner for the Rainy River Block Project from the MN DNR and USGS. The project would include the areas of Lake of the Woods County to the Arrowhead Region and down to Carlton County. The consensus of the County Board was to not become a funding partner at this time.

LAND SALE CONCERN

A land owner had a concern about his property being on the upcoming tax forfeited land sale.  He inquired about the process to retain ownership and remove it from the sale.

Motion:

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to remove the land in question from the upcoming land sale on 12/4/2019 if the land owner is up-to-date on past-due and current taxes due on his properties by 12/3/2019.

CORRESPONDENCE

The board reviewed correspondence from the Williams Arena Association

RECESS

The meeting was called to recess at 11:40 a.m. and reconvened at 1:45 p.m. as follows.

WORK SESSION

Motion:

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to hold a Work Session regarding the proposed Law Enforcement Center on December 3, 2019 at 11:00 a.m. in the Commissioners’ Room.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 1:46 p.m.

Attest:                                                                                      November 26, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

November, 2018

Commissioner Proceedings

November 13, 2018

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday,
November 13, 2018 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Vice-Chairman, 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, Jon Waibel, Ken Moorman and Buck Nordlof. Absent Edward Arnesen.  Also, present were: County Auditor/Treasurer, Lorene Hanson and Deputy Auditor/Treasurer Janet Rudd.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following addition: Consideration for Approval for Conditional Use Permit.

Approval of Minutes

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the official minutes and summarized minutes of October 23, 2018.

SOCIAL SERVICES

Social Services Director, Amy Ballard met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Moorman seconded by Commissioner Waibel, and carried unanimously to approve the following claims: Commissioners Warrants $22,155.84, Commissioners Warrants $ 11,005.69, Commissioners Warrants $3,578.07.

COUNTY AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board for approval of Claims, Minnesota Counties Computer Cooperative Joint Powers Agreement, Con-Con Funding Request and Veterans Service Grant.

Claims

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county: Revenue-$ 54,644.63, Road & Bridge-$102,409.78, County Devlp. $20,010.73, Joint Ditch- 400.00, Solid Waste-$32,653.83, EDA-$54.54.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/13/2018 For Payment 11/16/2018

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                     13,933.77

Compass Minerals America                                        4,791.42

Dell Marketing, Lp                                                        3,090.19

Farmers Union Oil Co.                                                 2,149.61

Hoffman, Philipp & Knutson, PLLC                            13,540.00

Holen Electric                                                            10,874.00

Howard’s Oil Company                                               3,783.55

Lakewood Health Center                                          14,555.50

Lavalla Sand & Gravel Inc                                        75,000.00

LOW Highway Dept                                                   3,531.06

Mar-Kit Landfill                                                          15,574.50

R & Q Trucking, Inc                                                     2,575.00

Swanston Equipment Corp                                         2,520.89

Widseth Smith Nolting&Asst Inc                                  7,371.08

Woody’s Service                                                        3,928.84

97 Payments less than 2000  32,954.10

Final Total:  210,173.51

Further moved to authorize the payment of the following Auditor warrants: October 24, 2018-$443,439.49, October 31, 2018-$453,517.46, November 1,2018-$347,982.54, November 7, 2018- $113,439.62.

Minnesota Counties Computer Cooperative (MNCCC)

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to enter into the revised Minnesota Counties Computer Cooperative Joint Powers Agreement and Bylaws and authorize Vice-Chairman Hasbargen to sign.

Resolution

The following Resolution was offered by Commissioner Buck Nordlof seconded by Commissioner Ken Moorman and carried unanimously to approve the following:

RESOLUTION OF LAKE OF THE WOODS COUNTY

Operational Enhancement Grant Program

Resolution No 18-11-01

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Laws 2015 Chapter 77, Article 1, Section 37, Subdivision 2.  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County. 

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 13th day of November, 2018.

CON-CON FUNDING

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to make allocations to the below organizations from the Con Con funds, payable 2019.

LAKE OF THE WOODS COUNTY

County Development

Year 2019

 Baudette Arena Association                          $20,000

                                    Baudette Arena Association(New)                 $40,000

Williams Arena Association                            $  7,000

Baudette Chamber-Chamber Projects            $  9,350

Economic Dev-Marketing/Operational           $10,000

Depot Preservation                                         $ 6,000

Friends Against Abuse                                                $  2,500

LOW Prevention Coalition                              $10,000

LOW Historical Society                                   $12,500

LOW Humane Society-Support                        $  7,500

University of MN Extension                            $  2,000

University o fMN Extension-RRV Emg Lead   $     300

Williams Senior Center                                   $  4,000

Williams Public Library                                   $     650

Willie Walleye-Restoration                            $10,000

Joint Powers Natural Resources Board           $  1,000

Keep it Clean                                                   $  2,500

LOW Road & Gun Club                                   $  2,000

LOW School Trap Team-Operational Exp       $ 1,500

LOW Senior Fishing (LOW Chapter)               $  1,500

Rinke-Noonan-Retainer-Drainage                  $  2,400

St. Louis County Aud-(NCLUCB)                      $  2,000

Take A Kid Fishing                                           $  1,000

Williams Youth Recreation Assoc                   $  8,000

Widseth Smith Nolting                                    $16,000

Auditing Fees                                                  $     900

Beaver Control                                                $10,000

Drainage                                                         $10,000

                                                                        $200,600

Veterans Memorial

Motion was made by Commissioner Nordlof, seconded by Commissioner Moorman and carried unanimously to contribute $20,000 to the Lake of the Woods Veterans Memorial payable 2018 from the Con-Con fund.  

HUMAN RESOURCE

Human Resource Director, Savanna Slick met with the board and informed the board that Linda Hartnell was hired for Child Support Officer.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the hiring of Linda Hartnell for Child Support Officer effective November 11, 2018 at Grade 11, Step 1, $19.73 per hour, Points 261.

PUBLIC WORKS DIRECTOR

Public Works Director, Tim Erikson met with the board requesting final approval for SAP 39-601-031 and SAP 39-622-006 for Davidson Ready-Mix & Construction, Inc. of Newfolden, MN.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the final payment for SAP 39-601-031 and SAP 39-622-006 for Davidson Ready-Mix & Construction, Inc. of Newfolden, MN in the total amount of $1,210,770.39 and hereby approves final payment of $63,847.90.

Recess

The meeting was called to recess at 10:00 a.m. and reconvened at 10:05 a.m. as follows.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit, to allow Cyrus Resort, to move more than ten (10) cubic yards of material within the shoreland area of Bostic Creek. Josh reviewed the findings and facts with the board and informed the board that the Planning Commissioner recommends approval with the following condition that the project is completed by December 31, 2019.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the following findings and facts as presented:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Cyrus Resort                                                                                Date:  November 13, 2018

Location/Legal: That part of the Northeast Quarter of the Southwest Quarter (NE ¼ of SW ¼), Section Twenty (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, lying and being West of the center of the channel of Bostic Creek, parcel ID# 19.21.31.000.

Project Proposal:  A Conditional Use Permit, as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shoreland area of Bostic Creek.

  1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan?                                                                                                             YES ( x ) NO (  )  N/A (  )

Why or why not? _Recreational___________________________________________

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES ( x )  NO (  )  N/A ( x )

Why or why not? _Safer for resort guests and chemical storage__________________

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                                                                                    YES (  ) NO (  )  N/A ( x )

Why or why not? ______________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                                                                                  YES ( x )  NO (  )  N/A (  )

Why or why not? _____________________________________________________

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries?    YES (  )  NO (  )  N/A (  )

Why or why not? __No change___________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

                                                                                                                        YES (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

7. Is the site in harmony with existing and proposed access roads?                     YES (  )  NO (  )  N/A ( x )

Why or why not?  _____________________________________________________

8. Is the project proposal compatible with adjacent land uses?                YES ( x )  NO (  )  N/A (  )

Why or why not? _Recreational use________________________________________

9. Does the project proposal have a reasonable need to be in a shoreland location?

                                                                                                                        YES ( x )  NO (  )  N/A (  )

Why or why not? _The pool was there______________________________________

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal?                                                        YES (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________   

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?                                                                                           YES (  )  NO (  )  N/A ( x )

Why or why not? ____________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems?

                                                                                                                          YES (  )  NO (  )  N/A ( x )

Why or why not? _____________________________________________________     

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate?                                                          YES (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                                                                                    YES (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?                                                                                                       YES (  )  NO (   )  N/A ( x )

Why or why not? _____________________________________________________     

16. 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 (  )  NO (  )  N/A ( x )

Why or why not? ____________________________________________________

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed?

                                                                                                              YES (  )  NO (  )  N/A ( x )

Why or why not? _____________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public. 

The specific conditions of approval are as follows:  Complete by 12/31/2019.

Approved as Presented ( )                             Approved with Conditions  (X)                      Denied  (  )

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Vice Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

RECESS

With no further business before the board, Vice-Chairman Hasbargen called the meeting to recess at 11:26 a.m.

Attest:                                                                          November 13, 2018

__________________________________                _____________________________________County Auditor/Treasurer, Lorene Hanson                    Vice-Chairman of the Board, Cody Hasbargen

=========================================================================================================================================================================

Commissioner Proceedings

November 27, 2018

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday,
November 27, 2018 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Vice-Chairman, 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, Ken Moorman and Buck Nordlof. Absent Edward Arnesen and Jon Waibel.  Also, present were: County Auditor/Treasurer, Lorene Hanson and Deputy Auditor/Treasurer Janet Rudd.

Approval of Agenda-

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following addition: Final payment for Gladen Construction.

Approval of Minutes

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Moorman and carried unanimously to approve the official minutes and summarized minutes of November 13, 2018.

SOCIAL SERVICES

Social Service Director, Amy Ballard met with the board requesting approval of claims and approval to enter into a Contract with Mary Klinghagen to provide consolation and training for the Service Information System Healthcare claims.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Moorman and carried unanimously to authorize Social Service Director, Amy Ballard to enter into a Professional Service Agreement between Lake of the Woods County Social Service Department and Mary Klinghagen for contracting services for providing consultation and training for Social Service Information System (SSIS) healthcare claims, not to exceed $3,000 and commencing on December 1, 2018.

Motion

Motion was made by Commissioner Moorman seconded by Commissioner Nordlof, and carried unanimously to approve the following claims: Commissioners Warrants $4,955.74, Commissioners Warrants $ 2,917.44, Commissioners Warrants $16,598.33. Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to authorize Social Services Director, Amy Ballard to enter into a Professional Service Agreement

COUNTY AUDITOR

County Auditor/Treasurer, Lorene Hanson met with the board for approval of Claims, and discuss Ditch Assessments.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the following claims against the county: Revenue-$ 27,329.10, Road & Bridge-$69,068.95, County Devlp. $20,000.00, Joint Ditch- 5,300.00, Solid Waste-$5,172.93. Further moved to authorize the payment of the following Auditor warrants: November 14, 2018-$72,409.45, November 21, 2018-$12,866.60.

WARRANTS FOR PUBLICATION

Warrants Approved On 12/11/2018 For Payment 12/14/2018

Vendor Name                                        Amount

Barnes/Todd                                                               2,000.00

Bollig Inc                                                                      5,911.32

Compass Minerals America                                        4,363.92

Freeberg & Grund, Inc                                                5,325.00

Holen Electric                                                            10,874.00

Howard’s Oil Company                                               2,159.03

Johnson Construction                                                 3,270.00

Koochiching Co Treasurer                                          2,500.00

Lavalla Sand & Gravel Inc                                        30,000.00

LOW Highway Dept                                                    4,143.21

Polk County Highway Dept                                         3,955.07

R & Q Trucking, Inc                                                     2,060.00

Royal Tire Inc                                                              2,969.00

Sandpieper Design LLC                                              2,311.65

Sjoberg’s Inc                                                               2,668.00

Widseth Smith Nolting&Asst Inc                                  2,098.33

Ziegler, Inc                                                                  3,133.31

57 Payments less than  2000    25,969.60

Final Total: 115,711.44

Ditch Assessments-County Auditor/Treasurer, Lorene Hanson met with the board to review the ditch assessments for the 2019 tax roll.

PUBLIC WORKS

Assistant Public Works Director, Boyd Johnson met with the board requesting approval for final payment for SAP 039-614-088 and SAP 39-625-006 to Knife River Material and 039-598-066 to Gladen Construction.

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Nordlof and carried unanimously to approve the final payment for SAP 039-614-008 and SAP 039-625-006 for Knife River Materials of Bemidji, MN in the total amount of $586,924.64 and hereby authorize final payment of $79,357.34.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Moorman and carried unanimously to approve the final payment of SAP 039-598-066 for Gladen Construction, in the total amount of $88,596.00.

COUNTY SURVEYOR-County Surveyor, Donn Rasmussen and Chad Connors met with the board to update the board on the following: Remonumentation projects and section corners placed and working on finishing Gudrid, Spooner, Baudette and Wheelers to finish. Donn also informed the board that he did complete the request from the board for locating the section corner at the property of Chuck Larsen request for a Partial Abandonment of Drainage System, Ditch 36 and that the road is on his property and does not involve any other property owner. Donn Rasmussen informed the board he will be retiring from the position of Lake of the Woods County Surveyor on December 31, 2018 and that the current contract with Widseth Smith Nolting for this position runs until the end of 2020 and they are proposing for Chad Connors to take over the duties of the County Surveyor. The board placed the appointment of County Surveyor and Chuck Larsen Partial Abandonment of Drainage System on the December 11th meeting agenda.

 RECESS-With no further business before the board, Vice-Chairman Hasbargen called the meeting to recess at 10:05 a.m.

Attest:                                                                          December 11, 2018

__________________________________                _____________________________________

County Auditor/Treasurer, Lorene Hanson                    Vice-Chairman of the Board, Cody Hasbargen