August 8th, 2023

August 8, 2023

The Lake of The Woods County Board of Commissioners met in regular session on August 8, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ed Arnesen, Buck Nordlof, Jon Waibel, Cody Hasbargen and Joe Grund. Also Present was 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 changes: Add: Cliffs Discussion, Northerly Park Legacy Grant, Letter of Support MNDOT, Approval of Shoreline Erosion FEMA quotes. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of July 25, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $27,249.65; Commissioners Warrants $2,838.53; Commissioners Warrants $6,294.36.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner  Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $113,923.42; Road & Bridge $34,198.19; County Development $1,600.00; Joint Ditch $2,600.00; Solid Waste $44,861.48.

  WARRANTS FOR PUBLICATION

Warrants Approved On 8/08/2023 For Payment 8/11/2023

Vendor Name Amount

Business Essentials 3,109.00

CARRIFF Engineered Fabrics Corporation 2,932.53

Cenex Co-Op Services, Inc. 3,402.63

DLT Solutions, LLC 3,074.60

Farmers Union Oil company 2,265.71

Howard’s Oil Company 9,747.06

Integris LLC 4,651.69

Interstate Billing Service Inc 3,990.48

LOW Highway Dept 11,679.15

LOW School District–390 3,000.00

LOW Soil & Water Cons. Dist. 29,235.00

Mar-Kit Landfill 16,065.75

Marco Technologies LLC 5,890.00

North Country Chevrolet 39,747.48

R & Q Trucking, Inc 6,721.00

Rainy Lake Oil, Inc 2,549.15

Roseau & Lakeof theWoods Sportsmans Club 5,000.00

Strata Corp, Inc 7,522.88

WIDSETH SMITH NOLTING & ASSOC., INC. 5,900.00

56 Payments less than 2000 30,698.98

Final Total: 197,183.09

Further moved to authorize the payment of the following auditor warrants: July 26,2023 for $35,310.55; August 2,2023 for $25,466.55; August 3, 2023 for $250,563.39.

Permission to Hire Environmental Specialist

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to hire Eric Best as Environmental Specialist at Grade 10, Step 1, $21.16 per hour at 245 points.

Public Works

Updates

County Engineer Anthony Pirkl gave an update that included various projects around County Road 8.

Letter of Support MNDOT

Resolution

The following Resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following:

LETTER of SUPPORT MNDOT

RESOLUTION NO. 23-08-01

WHEREAS, the Lake of the Woods County Board of Commissioners supports The Minnesota Department of Transportation’s (MNDOT) application for funding through the United States Department of Transportation’s (USDOT) Promotion Resilient Operation for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) grant.  

WHEREAS, The PROTECT funding will facilitate the realignment of Highway 11 between Baudette and International Falls, MN, to remove the highway from two critical slope failures.

WHEREAS, the project will enhance the resilience of the transportation system in an area with very limited access to integral services, products, and employment.

WHEREAS, the Highway 11 Rainy River Slide Realignment and Resiliency Project aligns with the goals of the PROTECT program, the Federal Highway Administration (FHWA), and the USDOT.

WHEREAS, the completion of the Highway 11 Rainy River Slide Realignment and Resiliency Project will strengthen our transportation system and contribute to growth in our region. 

NOW THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners offers their support for the Minnesota Department of Transportation’s (MNDOT) application to receive funding from the PROTECT grant for the completion of the Highway 11 Rainy River Slide Realignment and Resiliency Project. 

Approve Shoreline Erosion Quotes

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the quote from Denton DirtWorks in the amount of $43,769.16 for work on Public Access Roads, and to include Birch Beach and Rocky point to be paid for by FEMA funds. 

Salary Increase

Motion 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a salary increase for County Engineer Anthony Pirkl from $110,115 to $140,000 per year with an annual increase of 2.5% over the next three years effective next full pay period.

Land & Water

Approval of Grade Increase

Motion 

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve a Grade increase for Environmental Specialist Scott Head from Grade 9, Step 11 to Grade 10, Step 11, $25.60 per hour effective next full pay period.

Consideration of Conditional Use Permit Application #23-11CU by Jesse Mayfield and Steve Asplin

That portion of Government Lot 9, Section Six (6), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid)- Parcel ID# 31.06.44.020. Applicant is requesting a Conditional Use Permit as required by Section 401 B of the Lake of the Woods County Zoning Ordinance to allow a commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1).

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the following CUP #23-11CU/Findings of Fact by Jesse Mayfield and Steve Asplin to allow a commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1) with the following conditions:

  1. The conditional use permit is specific to the submitted application and sketch only.
  2. No habitation of the structure or on the property.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jesse Mayfield and Steve Asplin Date: August 8, 2023

Location/Legal Description:  That portion of Gov. Lot 9 lying South and West of State Highway #11 and lying South and East of County Road #35 in Section Six (6), Township One-hundred sixty (160) North, Range Thirty (30) West – Parcel ID# 31.06.44.020.

Project Proposal:  Allow commercial activity consisting of a storage building in a non-shoreland Residential Development Zoning District (R1).

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?  Other commercial uses in the general vicinity include a resort and agricultural activities.

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 (  ) NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

  1. 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?  ___________________________________________________________________

  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?  Not located in a floodplain area.

  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?  Access is off of County Road 35 and the existing approach off of 7th Street SE.

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

Why or why not?  Other commercial uses in the general vicinity include a resort and agricultural activities.

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

YES (  )  NO (  )  N/A (X)

Why or why not?  Project proposal is not located in a shoreland location.

  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 (X)  NO (  )  N/A (  )

Why or why not?  Property is approximately 5 acres and has adequate onsite parking.

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:

  1. The conditional use permit is specific to the submitted application and sketch only.
  2. No habitation of the structure or on the property.

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

August 8, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit Application #23-12CU by Christopher and Dawn Eklund

A tract of land located in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4)  Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID# 19.21.34.040. Applicant is requesting a Conditional Use Permit as required by Section 6.3 of the Lake of the Woods County Zoning Floodplain Ordinance to allow an alternative elevation method of the existing structure. This portion of Bostic Creek is considered Lake of the Woods, a General Development Lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following CUP #23-12CU/Findings of Fact by Christopher and Dawn Eklund to allow an alternative elevation method of the existing structure with the following conditions:

  1. Upgrading of well and septic system to be completed one year from approval.
  2. Lowest portion of the building must be at 1066.2 or higher.
  3. Meet all other applicable requirements per Lake of the Woods County Floodplain Ordinance.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Christopher and Dawn Eklund Date: August 8, 2023

Location/Legal Description:  A tract of land located in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) Section Twenty-one (21), Township One-hundred sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.21.34.040.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 6.3 of the Lake of the Woods County Zoning Floodplain Ordinance to allow an alternative elevation method of the existing structure.

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 and residential.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Structure stabilization, new well, new septic system.

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)

4. Why or why not?  ___________________________________________________________________

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

6. Why or why not?  ___________________________________________________________________

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

8. Why or why not?  Bostic Bay waterfront.

9. 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)

10. Why or why not?  ___________________________________________________________________

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

12. Why or why not?  No change.

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

  1. Why or why not?  Residential and commercial.
  2. 15. Does the project proposal have a reasonable need to be in a shoreland location?

YES (X)  NO (  )  N/A (  )

Why or why not?  Existing recreational cabin.

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

17. Why or why not?  New sewer system to be installed.

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

19. Why or why not?  No change.

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

21. Why or why not?  New well and sewer system.

22. 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)

23. Why or why not?  ___________________________________________________________________

24. 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?

25. YES (  )  NO (  )  N/A (X)

    Why or why not?  ___________________________________________________________________

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

    27. YES (  )  NO (  )  N/A (X)

      Why or why not?  ___________________________________________________________________

      28. 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? 

      29. YES (  )  NO (  )  N/A (X)

      Why or why not?  ___________________________________________________________________

      30. 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)

      31. Why or why not?  Private driveway off of Cyrus Road NW.

      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: 

      1. Upgrading of well and septic system to be completed one year from date of approval.
      2. Lowest portion of the building (floor joists) must be at 1066.2 elevation (88 datum) or higher.
      3. Meet all other applicable requirements per Lake of the Woods County Floodplain Ordinance.

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

      August 8, 2023 _____________________________________

      Date Ed Arnesen

      Chair, County Board

      This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance.

      Cliffs Natural Resources Discussion

      The board reviewed information from Cliffs Natural Resources

      Set Work Session

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session regarding Cliffs Natural Resources proposal for September 12, 2023 at 1:00p.m.

      IT- Eagleview Flyover

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve a full county 6 inch resolution imagery flyover by Eagleview in spring of 2024 in the amount of $114,060.00 to be paid in three annual installment amounts of $38,020.00.

      County Surveyor

      County Surveyor Chad Conner discussed the land leased by Mr. Brian Powers with legal description and surveyed boundaries. He alsogave an update on funds approved in legislation that will become available to apply for in the fall that would benefit project efforts in surveying areas of the county.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the land lease with Mr. Brian Powers for one year until December 31, 2024. 

      County Attorney

      County Attorney James Austad gave a formal resignation and will supply a letter of resignation at a later date. Michelle Moren joined by phone and discussed terms for being an interim County Attorney to complete the remaining 3-year term of James Austad.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to accept the resignation from County Attorney James Austad with a projected last day of September 1, 2023.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to appoint Michelle Moren as interim County Attorney to complete the 3-year term of County Attorney James Austad effective August 16, 2023 at $100,000 per year plus mileage.

      Northerly Park Legacy Grant Approval

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Northerly Park Legacy Grant in the amount of $70,000.

      Set Meeting Date-Commissioner/Senate Bonding Committee 

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a meeting date with the Senate Bonding Committee for August 16, 2023 at 7:00p.m. with a viewing of the Williams School and Law Enforcement Center to follow. 

      Correspondence

      The board reviewed correspondence for the upcoming the International Rainy-Lake of the Woods Watershed Board Public Information Session August 16,2023.

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:00 a.m.

      Attest: August 22, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      July 11, 2023

      July 11, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, July 11, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ed Arnesen, Buck Nordlof, Jon Waibel, Cody Hasbargen and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. 

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Northwest Angle Park.

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 27, 2023.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $12,102.71; Commissioners Warrants $2,641.01; Commissioners Warrants $9,896.98.

      Credit Card Approval

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve a County credit card for Social Worker Whitney Nelson with a limit of $1500.00.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously with Commissioner Joe Grund abstaining to approve the claims against the County as follows: Revenue $97,612.21; Road & Bridge $247,499.95; County Development $2400.00; Joint Ditch $220.00; Solid Waste $35,180.91; EDA $975.00.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 7/11/2023 For Payment 7/14/2023

      Vendor Name Amount

      CARRIFF Engineered Fabrics Corporation 2,504.90

      Cenex Co-Op Services, Inc. 15,045.58

      CentralSquare Technologies, LLC 41,841.26

      Counties Providing Technology 4,204.00

      Custom Autobody And Repair 5,036.65

      Farmers Union Oil company 2,725.77

      Ferrellgas 2,520.77

      Fort Distributors Ltd 38,400.00

      Frontier Precision Inc 28,789.55

      Howard’s Oil Company 8,038.50

      Integris LLC 5,466.19

      Knife River Corporation 147,060.00

      LOW Highway Dept 14,215.50

      R & Q Trucking, Inc 7,332.00

      Signalscape,Inc 7,791.54

      Strata Corp, Inc 2,255.37

      University Of Mn 14,752.69

      Verus Corporation 2,100.00

      WIDSETH 2,400.00

      WIDSETH SMITH NOLTING & ASSOC., INC. 3,675.00

      43 Payments less than 2000 27,732.80

      Final Total: 383,888.07

      Further moved to authorize the payment of the following auditor warrants: June 28, 2023 for $10,961.76; July 5, 2023 for $20,277.64; July 7, 2023 for $458,930.18; July 7, 2023 for ($197,000.00).

      Northwest Angle Park

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Northwest Angle Northerly Park Grant Contract Agreement with the State of Minnesota and for Chair Ed Arnesen and Auditor/Treasurer Lorene Hanson to sign the same.

      Arrowhead Library-Jim Weikum

      Arrowhead Library Services (ALS) Executive Director Jim Weikum gave an update to the board that included: Strategic Planning with Northspan Group, technology updates, Mail-A-Book Program, digital library services, E-books & Audiobooks, Tumblebooks, and Creativebug online resources. 

      Lester Boomgaarden

      Calcium Chloride County Road 69

      Concerned citizen Lester Boomgaarden came to the board to discuss the policy on Calcium Chloride and how the schedule is determined. County Engineer Anthony Pirkl explained that the County uses Calcium Chloride for maintenance when there is a project on the roads that would increase traffic. The public does have the option to purchase Calcium Chloride from the Highway Department, when it is advertised, to have it put on the road in front of their house. 

      Beaver Dam Removal JD 28

      Concerned citizen Lester Boomgaarden discussed Judicial Ditch 28 and the beaver dam on the west-side of the ditch. County Engineer Anthony Pirkl informed Mr. Boomgaarden that JD 28 is on their list of upcoming projects for maintenance. 

      Public Works

      Updates

      County Engineer Anthony Pirkl gave an update on various projects.

      Final Payment SAP 039-608-025

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-608-025 for KGM Contractors, Inc. of Angora, MN in the total amount of $580,022.00 and hereby authorize final payment of $32,611.10.

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 10:16 a.m.

      Attest: July 25, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      June 27, 2023

      June 27, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, June 27, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ed Arnesen, Jon Waibel, Cody Hasbargen and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent was Commissioner Buck Nordlof.

      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 changes: Add: Approval of Board of Equalization Minutes, and Private Property Owners Request: Rocky Point Speed Limit Sign.

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 6, 2023.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of June 13, 2023.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official Board of Equalization minutes of June 12, 2023 and June 13, 2023.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $7,938.82; Commissioners Warrants $4,404.98; Commissioners Warrants $14,827.51.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County with Commissioner Joe Grund abstaining as follows: Revenue $74,286.39; Road & Bridge $148,953.92; County Development $1,100.00; Solid Waste $68,402.84; EDA $1,215.05.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 6/27/2023 For Payment 6/30/2023

      Vendor Name Amount

      ByteSpeed, LLC 3,433.00

      Cenex Co-Op Services, Inc. 11,433.27

      Counties Providing Technology 4,204.00

      Extreme Duty Ironworks 2,876.50

      Farmers Union Oil Co. 2,402.95

      Farmers Union Oil company 2,709.93

      Lady Lakers Volleyball Association 2,250.00

      Larkin Hoffman Attorneys 33,100.00

      Mar-Kit Landfill 15,974.50

      Marco Technologies LLC 2,880.00

      Midway Ford Company 33,591.80

      Mn Counties Computer Co-Op 2,145.00

      North East Technical Service,Inc 7,677.40

      Nuss Truck & Equipment 2,573.23

      R & Q Trucking, Inc 2,444.00

      Schneider Geospatial, LLC 2,226.00

      Strata Corp, Inc 42,820.04

      T-C Lighting 30,307.01

      Tillery/Dale 2,643.46

      Titan Machinery – Roseau 51,992.00

      U.S. Bank Equipment Finance 6,268.50

      57 Payments less than 2000 28,005.61

      Final Total: 293,958.20

      Further moved to authorize the payment of the following auditor warrants: June 7, 2023 for $31,274.74; June 8, 2023 for $2,225.47; June 14, 2023 for $54,382.31; June 21, 2023 for $14,460.84.

      Donation from The Family of Roger Birkeland

      The Lake of the Woods County board thanks the Roger Birkeland family for their generous donation to veteran transportation services.

      Resolution

      DONATION TO LAKE OF THE WOODS COUNTY

      Pursuant MN Stat. § 465.03

      Resolution No. 23-06-01

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

      WHEREAS, Lake of the Woods County Commissioners pursuant MN Stat. § 465.03 (gifts to counties) hereby accepts a donation from the family of Roger Birkeland for Veterans Transportation in the amount of $735.00.

      NOW THEREFORE, BE IT RESOLVED, that in accordance with the terms set forth by the family of Roger Birkeland, the donors, the funds will be used to support veterans travel and transportation services.

      The resolution was seconded by Commissioner Jon Waibel and the same being put to a vote, was unanimously carried.

      Land Lease Discussion

      Brian Powers informed the board that there is a discrepancy over the property lines for the approximately 13 acres of tillable land he will be leasing from Lake of the Woods County. County Surveyor Chad Conner informed the board of the costs involved to have the land surveyed for property lines. 

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously with Commissioner Ed Arnesen abstaining to survey the leased land of approximately 13 acres to find property lines. 

      Liquor License Application- Ships Wheel Resort

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the liquor license application for Ships Wheel Resort.

      Liquor License Application- Flag Island

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the liquor license application for Flag Island.

      Human Resources

      Human Resources Director Savanna Slick informed the board that Environmental Specialist Megan Thompson had resigned. 

      Permission to Advertise, Interview, & Hire

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request to advertise, interview, & hire an Environmental Specialist at Grade 10, Step 1, $21.16 per hour, points 245.

      CHI Lakewood Health Center- Jeffry Stampohar

      CHI Lakewood Health Center President Jeffry Stampohar gave an update on various topics that included: Guardian Flight, Ambulance Services, and division changes.

      Solid Waste Abatement Discussion

      County Assessor Alisa Jacobsen and County Auditor/Treasurer Lorene Hanson discussed with the board a recent request for a solid waste abate up to 5 years for parcel numbers 16.06.22.010 and 16.06.22.110. The policy for assessment abatements is for the current year and prior two years. The board reviewed the request and information presented.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the abatement request according to policy for only the current year and prior two years for parcel numbers 16.06.22.010 and 16.06.22.110.

      Public Works

      Approval of Purchase Agreement for Johnson Property

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase agreement between Richard J. & Victoria A. Johnson and Lake of the Woods County in the amount of $75,000 for the purchase of the Johnson property and for County Chair Ed Arnesen, Auditor/Treasurer Lorene Hanson, and County Attorney James Austad to sign the same.

      Updates

      County Engineer Anthony Pirkl gave an update on various highway department projects and FEMA funding.

      Private Property Owners- Rocky Point Speed Limit Sign

      Commissioner Ed Arnesen discussed with the board a request he received from private property owners to have a speed limit sign that displays your speed as you approach placed on the road near rocky point. No action was taken at this time.

      Borderland Treatment Court

      Memorandum of Understand

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Memorandum of Understanding between the State of Minnesota Ninth Judicial District, Borderland Treatment LKW Court, and Lake of the Woods County and for Chair Ed Arnesen to sign the same.

      Public Hearing-Large Event Ordinance

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and open the public hearing Large Event Ordinance meeting at 10:10 a.m.

      Large Event Ordinance

      Emergency Management Director Jill Hasbargen-Olson discussed the Large Event Ordinance with the board that would require an application for permits at events that would attract 500 or more people.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to close the public hearing and open the regular meeting

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Large Event Ordinance as it was presented. 

      Recess

      A brief recess took place at 10:15 a.m. and reconvened at 10:20 a.m.

      Opioid Discussion

      Kay Schell, Doris Knutson, Sandy Peterson, and County Attorney James Austad gave an update to the board regarding opioid funds and the plan for the committee moving forward.

      Land & Water

      Consideration of Conditional Use Permit Application #23-06 by Shane Meyer

      A 4.25-acre tract of land in the NE1/4NE1/4 in Section Thirty-four (34), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel #19.34.11.010. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential (R2) Zoning District.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact CUP #23-06 by Shane Meyer to operate a short-term vacation rental in a Rural Residential (R2) Zoning District with the following conditions:

      1. The Conditional Use Permit terminates upon sale or transfer of the property.
      2. The maximum occupancy is limited to twelve (12) people.
      3. The septic system in to be sized for 75 gallons per day based upon the maximum occupancy of 12 people.
      4. The quiet hours as indicated in the application from 11:00 pm to 7:00 am apply.
      5. Emergency contact numbers are to be posted in prominent locations within the dwelling.
      6. A single 2’x 3’ non-illuminated sign may be placed near 28th Street NW.
      7. If applicable, the applicant must follow Minnesota Department of Health guidelines.

      Lake of the Woods County Board of Commissioners

      Findings of Fact and Decision

      Name of Applicant:  Shane Meyer Date:  June 27, 2023

      Location/Legal Description:  A 4.25-acre tract of land in the NE4NE4, Section Thirty-four (34), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.34.11.010.

      Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential (R2) Zoning District. 

      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 development.

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

      YES (X)  NO (  )  N/A ( )

      Why or why not? Septic system to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

      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?  The septic upgrade will prevent water pollution and nutrient loading to groundwater.

      1. 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?  ___________________________________________________________________ 

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

      Why or why not?  The site location is not in any floodplain or floodway of a river.

      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 (X)  NO (  )  N/A (  )

      Why or why not?  Site has access from 28th Street NW.

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

      Why or why not?  Site is located in a Rural Residential area with low population density.

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

      Why or why not?  ___________________________________________________________________ 

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

      Why or why not?  Septic system to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

      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 (X)  NO (  )  N/A (  )

      Why or why not?  The water supply meets drinking water standards and the septic system is to be upgraded and sized for 75 gallons per day to accommodate a maximum occupancy of 12 individuals.

      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 (X)  NO (  )  N/A ( )

      Why or why not? Site has currently natural vegetation present to buffer the proposed use from neighboring property.

      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 (X)  NO (  )  N/A ( )

      Why or why not? Applicant has indicated a 2’x3’ sign placed near 28th Street NW. 

      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 (X)  NO (  )  N/A (  )

      Why or why not?  Ample parking is available within the property.

      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:

      1. The Conditional Use Permit terminates upon sale or transfer of the property.
      2. The maximum occupancy is limited to twelve (12) people.
      3. The septic system is to be sized for 75 gallons/day based upon the maximum occupancy of twelve (12) people.
      4. The quite hours as indicated in the application from 11:00 p.m. to 7:00 a.m. apply.
      5. Emergency contact numbers are to be posted in prominent locations within the dwelling.
      6. A single 2’x3’ non-illuminated sign may be placed near 28th Street NW.
      7. If applicable, the applicant must follow Minnesota Department of Health guidelines.

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

            June 27, 2023 _____________________________________

      Date Ed Arnesen

              Chair, County Board

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

      Consideration of Conditional Use Permit Application #23-07 by Michael Hangsleben

      Lots 11 and 12, Block 1, Schmidt-Waag Subdivision, Government Lot Two (2), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)- Parcel ID# 16.53.01.110. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) yards of material within the shore impact zone of the Lake of the Woods for the purpose of constructing of an access to Lake of the Woods.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact CUP #23-07 by Michael Hangsleben to move more than ten (10) yards of material within the shore impact zone of the Lake of the Woods for the purpose of construction of an access to Lake of the Woods with the following conditions:

      1. Follow DNR guidelines for boat ramp.
      2. Must be ten (10) feet from lot line.
      3. Maintain erosion control measures during and after construction.

      Lake of the Woods County Board of Commissioners

      Findings of Fact and Decision

      Name of Applicant:  Michael Hangsleben Date:  June 27, 2023

      Location/Legal Description:  Lots 11 and 12, Block 1, Schmidt-Waag Subdivision, Government Lot Two (2), Section Eight (8), Township One Hundred Sixty-three (163) North, Range Thirty-three (33). – Parcel ID# 16.53.01.110.

      Project Proposal:  Applicant is requesting to move more than ten (10) yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing of an access to Lake of the Woods.

      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 lake access.

      1. 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 ( ) NO (  )  N/A (X)

      Why or why not?  _______________________________________________________________________

      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?  No change.

      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 (X)  NO (  )  N/A ( )

      Why or why not? Rock rip rap.

      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 (X)  NO (  )  N/A ( )

      Why or why not? Neighboring property.

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

      Why or why not?  Lake access.

      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:  

      1. Follow DNR guidelines for boat ramp.
      2. Must be ten (10) feet from lot line.
      3. Maintain erosion control measures during and after construction.

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

      June 27, 2023 _____________________________________

      Date Ed Arnesen

              Chair, County Board

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

      Consideration of Amendments to the Lake of the Woods County Zoning Ordinance

      Land & Water Director Josh Stromlund informed the board of changes to the zoning ordinance that would pertain to short-term rentals and resorts and asked the board to adopt these changes.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to adopt the amendments to the zoning ordinance.

      Consideration of Amendments to the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance

      Land & Water Director Josh Stromlund informed the board of minor changes to the SSTS ordinance that would correct the order of and simplify the information to have similar categories in the same section.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to adopt the amendments to the Lake of the Woods County Subsurface Sewage Treatment System (SSTS) Ordinance. 

      Peatlands Discussion

      Resource Conservationist Mike Hirst and Land & Water Director Josh Stromlund discussed priority subwatersheds for hydrologic restoration and the DNR pilot project restoration plan for the rapid river. There would be updates with the board seeking project approval before moving forward. 

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 12:03 p.m.

      Attest: July 11, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      June 13, 2023

      June 13, 2023

      The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, June 13, 2023 at the Angle Outpost Resort, Angle Inlet, MN. 

      Call To Order

      Chair Ed Arnesen called the meeting to order at 10:22 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners:Cody Hasbargen, Joe Grund and Ed Arnesen. Also present was County Auditor/Treasurer Lorene Hanson. Absent was: Commissioners Jon Waibel and Buck Nordlof.

      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 changes: Add: EDA Update, Hagen Property Discussion, Permission to Purchase Survey Equipment.

      Bid Opening-Oil Furnace

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the bid from Ed Searl in the amount of $2900.00 for the used oil furnace. 

      PUBLIC HEARING- RECONVENE BOARD OF EQUALIZATION

      Motion

      Motion was made by Commissioner Joe Grund, second by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and re-open the public hearing for the Board of Equalization at the Northwest Angle with the following members present: Commissioners: Ed Arnesen, Cody Hasbargen, Joe Grund, County Auditor Treasurer Lorene Hanson, and County Assessor Alisa Jacobsen. Absent were Commissioners Jon Waibel and Buck Nordlof.

      Appeals of Estimated Market Value

      Chair Ed Arnesen read the rules of appeals that included: Only Estimated market values not tax amounts can be appealed at this time, appeals will be done one at a time, and no decision on an appeal will be done until all appeals are heard. He also explained that the valuation period the Assessor’s Office use is from sales during October 1, 2021 through September 20, 2022. County Assessor Alisa Jacobsen explained the Valuation process and state guidelines that affect those values. 

      Property Owners and Motions

      County Assessor Alisa Jacobsen informed the board of the valuation change requests and reviewed the properties in question, recent sales and values for the following property owners: Tammy Harris, Zeke Beckel, Dan Finnie, Talon Stammen, Jacob Mertens, Kyle Colbert, Betty Frohreich, Jim Frohreich, and Scott Pahlen.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to adjust values per the attached recommendations from the County Assessor: Tammy Harris (P#62.50.00.100), Zeke Beckel (P#60.56.07.010), Dan Finnie (P#02.29.32.010), Talon Stammen (P#03.51.02.120), Jacob Mertens (P#06.02.42.010).

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to leave the values as they are: Kyle Colbert property owner Swiftwater Township (P#43.05.32.000 & P#43.06.41.010).

      Motion 

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to leave the values as they are: Betty Frohreich property owner Wheeler Township(P#19.32.11.010), Jim Frohreich property owner Wheeler Township (P#19.29.43.000).

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendation on the following property:

      Scott Pahlen- property owner Prosper Township  P#16.55.01.220 decrease in total value from 778,700 to 700,000 due to adjustment in building value from 578,700 to 500,000.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the public hearing for Board of Equalization and open the regular meeting.

      LEGISLATIVE UPDATE

      Commissioner Ed Arnesen gave an update on various topics he has been actively working on with the lobbyist that included: NWA Relief, Williams School Building, PILT, and Lodging Tax. Commissioner Arnesen informed the board and public that the legislation for the Northwest Angle, Lodging Tax, and Payment in Lieu of Taxes (PILT) had passed. Chair Ed Arnesen introduced Senator Steve Green and Representative Matt Grossell. Senator Green and Representative Grossell discussed the following legislative topics in more detail: Inflation, FMLA, NWA Relief, Williams School, Law Enforcement, and Public Safety. Commissioner Ed Arnesen introduced Deputy Sheriff Ben Duick. Deputy Sheriff Ben Duick discussed Safeboats and how they would be a benefit for Lake of the Woods County. 

      ASSOCIATION OF MINNESOTA COUNTIES (AMC)

      Member Engagement Coordinator Ryan Erdmann, MACSSA Director Matt Freeman, and LPHA Director Kari Oldfield-Tabbert from AMC thanked the board for inviting them to the Northwest Angle and gave an update on some of the actions they have taken to assist Minnesota counties that included: Tax Forfeited Properties, PILT, Corrections/Probations, Public Safety, and Wetlands.

      PUBLIC WORKS

      County Engineer Anthony Pirkl gave an update on various projects.

      Purchase of Survey Equipment

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of survey equipment in the amount of $28,754.91, $20,000 will be paid by SWCD leaving $8,754.91 to be paid for from Highway funds.

      Approval of JD-28 Quote

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the quote from Denton Earthworks in the amount of $126,668.93 for JD-28 maintenance/repair to be paid for out of FEMA funds.

      Part-Time Hire of Bob Peterson for Spraying

      County Engineer Anthony Pirkl asked the board to consider hiring former employee Bob Peterson on a part-time/temporary basis to assist Curt Ferrier with spraying.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Ed Arnesen and carried unanimously to approve the part-time hire of Bob Peterson at $35.00 per hour effective next full pay period.

      ECONOMIC DEVELOPMENT AUTHORITY

      Economic Development Specialists Lucas Wakefield and McKayla Carter gave an update on various projects they are working on in the county that included: Project Repair Public Accesses, Broadband, Digital Connectivity, Land Grant for Community Building, Farmers Markets, AG Processing and Food Supply.

      Northerly Park Update-Joe Laurin

      Joe Laurin gave an update on the progress of Northerly Park and various projects that included: Park Arch, Old Mine Cart, LOTW Commercial Fishing Boat for display, and a resort event happening on September 2nd

      HAGEN PROPERTY DISCUSSION

      The board discussed the property owned by Carl Hagen on Magnuson Island.

      RECESS

      With no further business before the Board Chair Ed Arnesen called the meeting to recess at 12:32 pm. to be followed by the Road Tour.

      Attest: June 27, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen

      June 12, 2023

      Lake of the Woods County Board of Appeal and Equalization

      June 12, 2023

      Continued June 13, 2023

      The Lake of the Woods County Board of Appeal and Equalization met on Monday, June 12, 2023, in the Commissioners’ Room of the Lake of the Woods County Government Center.  

      Call to Order

      County Board Chair Ed Arnesen called the meeting to order at 6:00 p.m. with the following members present:  Commissioners:  Joe Grund, Buck Nordlof, Ed Arnesen, Cody Hasbargen and County Auditor-Treasurer Lorene Hanson. Absent was Commissioner Jon Waibel.  Also present were: County Assessor Alisa Jacobsen, Assessment Technician Emily Brandt, and Appraiser Tyler Swanson.  County Recorder Sue Ney swore in the members of the Lake of the Woods County Board of Appeal and Equalization for 2023. 

      County Board Chair Ed Arnesen explained the purpose of the Board of Appeal and Equalization. He reminded the public that this meeting was only to hear appeals of the estimated market value (EMV) or classification, not for taxes or prior years’ assessments.  He further explained that all appeals would be heard before any action would be taken.

      County Assessor

      County Assessor Alisa Jacobsen explained that the valuation period is from sales during October 1, 2021, through September 30, 2022, and discussed adjustments that had been made during the past year. 

      Property Owners

      Meeting with the County Board was Scott Phalen, property owner in Prosper Township. 
      Mr. Phalen relayed his concern on the market value of his property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.

      Meeting with the County Board was Jim Frohreich, property owner in Wheeler Township, Mr. Frohreich relayed his concern on the market value of his property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.

      Meeting with the County Board was Jim Frohreich, on behalf of his mother Betty Frohreich, property owner in Baudette Township.   Mr. Frohreich relayed his concern on the market value of his mother’s property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.  

      Meeting with the County Board was Kyle Colbert, property owner in Swiftwater Township. 
      Mr. Colbert relayed his concern on the market value of his property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.  In addition, she reviewed the different classifications of brush, woods and tillable acres.

      Value Changes

      County Assessor Alisa Jacobsen presented additional changes, see attached list, that were received in her office within the previous ten days prior to the Board of Equalization meeting.

      Recess

      Motion

      Motion was made by Commissioner Buck Nordlof to recess and set a Continuation Board of Equalization meeting for Tuesday, June 13, 2023, at 10:00 a.m. at the Northwest Angle. The motion was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried.  County Board Chair Ed Arnesen recessed the Lake of the Woods County Board of Appeal and Equalization meeting for 2023 at 8:00 p.m. 

      ————————————————–

      Reconvene Board of Equalization – June 13, 2023

      Motion
      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting and re-open the 2023 Board of Appeal and Equalization meeting at 10:25 a.m. at the Northwest Angle with the following members present:  Commissioners:  Joe Grund, Cody Hasbargen, Ed Arnesen and County Auditor-Treasurer Lorene Hanson. Absent was Commissioner Jon Waibel and Buck Nordlof.  It was noted that County Recorder Sue Ney swore in the members of the Lake of the Woods County Board of Appeal and Equalization for 2023 at the meeting on June 12, 2023. 

      County Board Chair Ed Arnesen explained the purpose of the Board of Appeal and Equalization. He reminded the public that this meeting was only to hear appeals of the estimated market value (EMV) or classification, not for taxes or prior years’ assessments.  He explained that all appeals would be heard before any action would be taken.  He also explained that the valuation period the Assessor’s Office use is from sales during October 1, 2021, through September 30, 2022.

      Property Owners

      Meeting with the County Board was Rick McKeever, property owner in Angle Township. 
      Mr. McKeever relayed his concern on the market value of his property.  County Assessor Alisa Jacobsen reviewed the property in question, recent sales and values.

      Action

      After hearing all the appeals, questions, comments and research reviewed, the following actions were taken:

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to adjust values per the attached recommendations from the County Assessor: Tammy Harris (P#62.50.00.100), Zeke Beckel (P#60.56.07.010), Dan Finnie (P#02.29.32.010), Talon Stammen (P#03.51.02.120), Jacob Mertens (P#06.02.42.010).

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendation on the following property and to leave the value as it is: Rick Mckeever property owner Angle Township(P#06-0424-000).

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to leave the values as they are: Kyle Colbert property owner Swiftwater Township (P#43.05.32.000 & P#43.06.41.010).

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendations on the following properties and to leave the values as they are: Jim Frohreich property owner Wheeler Township (P#19.29.43.000) and Betty Frohreich property owner Wheeler Township (P#19.32.11.010).

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to accept the Lake of the Woods County Assessor’s recommendation on the following property:

      Scott Pahlen- property owner Prosper Township P#16.55.01.220 decrease in total value from $778,700 to $700,000 due to adjustment in building value from $578,700 to $500,000.

      Adjourn

      Motion was made by Commissioner Cody Hasbargen seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the County Board of Appeal and Equalization meeting for 2023.  County Board Chair Ed Arnesen adjourned the Lake of the Woods County Board of Appeal and Equalization meeting for 2023, at 10:45 a.m. 

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the public hearing for Board of Equalization and open the regular meeting.

      Attest: Approved: June 27, 2023

      _________________________________ ______________________________________
      Lorene Hanson, County Auditor-Treasurer Ed Arnesen, County Commissioner Board Chair

      June 6, 2023

       June 6, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, June 6, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Buck Nordlof, Ed Arnesen, Jon Waibel, Cody Hasbargen and Joe Grund. Also present by phone was Auditor-Treasurer Lorene Hanson. 

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Roof Repair, and Northwest Angle Agenda Discussion.

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of May 23, 2023.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $49,995.93; Commissioners Warrants $5,557.76; Commissioners Warrants $5,541.36; Commissioners Warrants $1,824.00.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $41,197.77; Road & Bridge $14,736.56; County Development $18,150.00; Solid Waste $12,533.32; EDA $126.00.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 6/06/2023 For Payment 6/09/2023

      Vendor Name Amount

      Auto Value Baudette 2,420.92

      ByteSpeed, LLC 23,808.00

      Cenex Co-Op Services, Inc. 2,564.46

      Howard’s Oil Company 2,757.52

      Just For Kix 2,100.00

      LOW Highway Dept 5,085.00

      LOW Historical Society 18,000.00

      Northwest Tire Inc 2,543.54

      Nw Mn Household Hazardous 2,001.00

      Quadient Finance USA Inc. 2,000.00

      39 Payments less than 2000 23,463.21

      Final Total: 86,743.65

      Further moved to authorize the payment of the following auditor warrants: May 23, 2023 for $733,616.02; May 31, 2023 for $1,965,233.76

      Set Date for Public Hearing- Large Event Ordinance

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a Public Hearing for the Large Event Ordinance for June 27, 2023 at 10:00 a.m.

      Human Resources

      Permission to Hire Family Based Services Provider

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the hire of Aspen Thompson as the Family Based Services Provider at Grade 10, Step 1, $21.16 per hour, points 241 effective June 26, 2023.

      Permission to Hire Social Worker

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the hire of Whitney Nelson as a Social Worker at Grade 13, Step 1, $24.73 per hour, points 298 effective June 6, 2023.

      Permission to Hire Part-time E911 Corrections Officer

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the hire of Casandra Paulsen as the Part-time E911 Corrections Officer at Grade 11, Step 1, $22.28 per hour, points 253 effective June 12, 2023.

      Public Works

      County Engineer Anthony Pirkl gave an update on various projects in the Highway and Solid Waste Departments.

      Roof Repair

      MIS Director Peder Hovland informed the board of the need to repair the roof on the Government Center building due to damage caused by leaking and discussed quotes he has received.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to accept the quote from North Central Insulation in the amount of $162,912.00 to repair the Government Center building roof.

      Legislative Update

      Chair Ed Arnesen gave a brief update on various legislative topics that included NCLUB, and PILT.

      NWA Meeting Discussion

      The board discussed and made plans for the upcoming meeting that will take place at the Northwest Angle.

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 9:33 a.m.

      Attest: June 27, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      May 23, 2023

      May 23, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, May 23, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Buck Nordlof, Ed Arnesen, Jon Waibel, Cody Hasbargen and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson. 

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: New Hire, Permission to Advertise, Interview & Hire, and Williams & Northwest Angle Fire Departments.

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of May 9, 2023.

      Bid Opening

      Land Lease

      The board received two bids for the land lease on approximately 13 acres of Ag Land. 

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the bid from Brian Powers and Duwayne Thompson in the amount of $32.00 per acre contingent on FSA certification. The following legal description of the approximately 13 acres tillable land within Parcel #18.2342.000 is as follows: The tillable portion currently existing within that part of the West half of the Northwest Quarter of the Southeast Quarter (W1/2-NW1/4-SE1/4), Section 23, Township 162, Range 33, Lake of the Woods County, Minnesota, containing approximately 13 acres. 

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $15,623.57; Commissioners Warrants $4,697.34; Commissioners Warrants $17,024.35.

      Contract Renewal

      Cooperative Fraud Agreement

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the contract renewal of the Cooperative Fraud Agreement between Beltrami County Human Services and Lake of the Woods County Human Services Department.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $109,790.12; Road & Bridge $16,405.92; County Development $2,000; Solid Waste $11,274.82; EDA $1,241.36.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 5/23/2023 For Payment 5/26/2023

      Vendor Name Amount

      Baudette/City Of 6,000.00

      Bert’s Truck Equipment Of Moorhead, Inc 2,680.00

      ByteSpeed, LLC 4,490.00

      Counties Providing Technology 4,329.00

      Emergency Services Marketing Corp.,Inc 3,975.00

      Integris LLC 4,016.92

      JMD Manufacturing Inc 3,420.32

      Lakewood Health Center 23,958.00

      Larkin Hoffman Attorneys 30,570.00

      LOW High School Trap Team 2,258.00

      NetCenter Technologies 5,600.00

      Pennington County Sheriff Office 13,475.00

      Plutko Plumbing & Heating 3,170.80

      Take A Kid Fishing 2,000.00

      U.S. Bank Equipment Finance 6,268.50

      45 Payments less than 2000 24,500.68

      Final Total: 140,712.22

      Further moved to authorize the payment of the following auditor warrants: May 10, 2023 for $28,692.90; May 16, 2023 for $442,206.92; May 16, 2023 for ($163.94); May 17, 2023 for $36,844.73.

      Legislative Update

      Commissioner Ed Arnesen gave an update that included: PILT, Tourism, Northwest Angle, and the Williams School.

      Emergency Management

      Resolution

      The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and moved for adoption: 

      RESOLUTION

      DECLARATION OF STATE OF EMERGENCY

      Resolution No. 23-05-03

      WHEREAS; the Spring Flooding of 2023 impacted the population of Lake of the Woods County and its cities, and;

      WHEREAS; the Spring Flooding event has caused a significant amount of public property damage, and;

      WHEREAS; the Lake of the Woods County Department of Emergency Management requests the Lake of the Woods County Board of Commissioners to declare Lake of the Woods County in a STATE OF EMERGENCY for the Spring Flooding Event of April 2023.

      NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners declares Lake of the Woods County in a STATE OF EMERGENCY for conditions resulting from the April 2023 Spring Flooding Event of April 2023.

      County Recorder

      County Fair Booth

      County Recorder Sue Ney informed the board that the Auditor/Treasurers office and Recorders office will have a booth at the Lake of the Woods County Fair this year to inform residents of their options for Passports, Real Driver’s License/I.D., and Enhanced Driver’s License/I.D.  They will also discuss the documentation needed to obtain an I.D. 

      NWA Discussion

      The board discussed agenda items for the upcoming meeting to be held at the Northwest Angle on June 13, 2023.

      Public Works

      Equipment Purchases

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of a Plow truck, two Bush Hog Mowers, and two Ford trucks in the total amount of $382,004.60 to be paid for out of the Highway Department budget as follows:

      1. Plow Truck- $262,555.00
      2. Two Bush Hog Mowers- $51,992.00
      3. Ford F150- $33,591.80
      4. Ford F150- $33,865.80

      Add to Agenda

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to add Purchase of Gravel to the agenda. 

      Purchase of Gravel

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of 8,200 yards of gravel at $10.50 per yard from LaValla Sand & Gravel over a two year period.

      Add to Agenda

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to add Set Work Session for Highway Operations to the agenda.

      Set Work Session

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to set a work session for Highway Operations for June 6, 2023 following the regular board meeting.

      Public Works Updates

      County Engineer Anthony Pirkl gave an update that included: County Road 8 project, Northwest Angle Roads, Lakes Gas Building at Solid Waste, and Scrap Metal. 

      Human Resources

      Environmental Specialist- January Certification

      Human Resources Director Savanna Slick informed the board that the Environmental Specialist position that was approved in the previous board meeting was certified in January and requested to have back pay from January until the current pay period to reflect the position approval. It was the consensus of the board to deny the request for back pay as the position was just approved in the previous board meeting and did not exist at that time.

      Personnel Committee Recommendation- Social Services

      Position Approval

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve Heather Larson to be Lead Worker at Grade 15, Step 4, $29.30 per hour at 349 points effective next full pay period. 

      Set Date Department Head Reviews

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to set the date for Department Head Reviews for June 27, 2023 following the regular board meeting.

      Permission to Advertise, Interview, & Hire

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the hire of Jimmy Ney as night time dispatch and corrections at Grade 11, Step 1, $22.28 per hour plus $2.00 for night shift differential, at 253 points. 

      Permission to Hire

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to hire Jon Foss for the Part-time Deputy Sheriff position at Grade 13, Step 1, $24.73 per hour, at 291 points.

      Recess

      A brief recess took place at 10:30 a.m. and reconvened at 10:35 a.m.

      Sheriff

      Resolution

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

      Public Employees Police and Fire Plan

      Resolution No. 23-05-04

      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 declare that the position titled Part Time Deputy Sheriff, currently held by John Foss 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;
      1. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;
      1. Said position charges this employee with the prevention and detection of crime;
      1. Said position gives this employee the full power of arrest, and 
      1. 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 resolution was seconded by Commissioner Cody Hasbargen, and the same being put to a vote, was unanimously carried.

      Funds Requests

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve American Rescue Plan funds potential obligations up to the amounts discussed in the work session as follows:

      1. Lake of the Woods County Museum- $18,000.00
      2. Baudette Fire Department- $35,000.00
      3. NWA Signage- $1,450.00
      4. Unused Wells- $20,000.00
      5. Trail Mower-Roseau- $6,000.00
      6. Fairgrounds- Electrical-$30,000.00
      7. Williams Fire Department-$25,000.00
      8. Clementson Park- $5,000.00
      9. Northwest Angle Fire Department-$10,000.00
      10. Public Safety- $40,000
      11. Senior Housing- $200,000

      Old/New Business

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to remove Water Level from the old/new business list. 

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:04 a.m.

      Attest: June 6, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      May 9, 2023

      May 9, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, May 9, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Buck Nordlof, Ed Arnesen, Jon Waibel, Cody Hasbargen and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson. 

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: PILT Letter of Support

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official minutes of April 25, 2023.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $18,025.18; Commissioners Warrants $3,764.21; Commissioners Warrants $7,046.61.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $31,389.93; Road & Bridge $60,520.67; Social Services $1,300.00; County Development $1,600.00; Solid Waste $26,378.50; EDA $10,765.00.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 5/09/2023 For Payment 5/12/2023

      Vendor Name Amount

      Cenex Co-Op Services, Inc. 11,727.62

      Farmers Union Oil company 2,236.36

      Guardian Fleet Safety 3,685.13

      Headwaters Regional Development Commiss 10,765.00

      Howard’s Oil Company 3,224.76

      KRIS Engineering Inc 14,444.04

      Lake Superior College 2,075.00

      Little Falls Machine, Inc 9,269.25

      LOW County Auditor-Treasurer 19,675.62

      LOW Highway Dept 4,813.75

      Mar-Kit Landfill 11,398.00

      Mn Dept Of Transportation 3,159.30

      R & Q Trucking, Inc 3,055.00

      Rainy Lake Oil, Inc 2,643.03

      WIDSETH 2,850.00

      53  Payments less than 2000  26,932.24

      Final Total: 131,954.10

      Further moved to authorize the payment of the following auditor warrants: April 26,2023 for $1,857.75; May 3, 2023 for $66,403.76.

      Letter of Support

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to draft a letter of support for Payment In Lieu of Taxes (PILT) legislation. 

      Legislative Update

      Commissioner Ed Arnesen gave a legislative update and his time in Washington D.C. that included: Tourism, Williams School, Law Enforcement Building, PILT, and Safe Boat.

      Historical Society 

      Lake of the Woods County Museum Director Lindsay Marshall gave an update on various fundraising the Historical Society has done in an effort to raise money for a new roof. It was the consensus of the board to discuss the remaining balance for the Lake of the Woods County Museum roof in the ARPA work session following the meeting. 

      Snowmobile Trail Updates

      Lake of the Woods Drifters representatives Mariah Mollberg, and Randy Orton and NWA Edgriders representative Joe Laurin gave the board an update on various trail projects and the equipment used to groom the trails. They also informed the board of rerouted trails do to the swamps.

      Fire Department Air Compressor Request

      Brad Levasseur updated the board on a need for a new air compressor for the Baudette Fire Department that could expand the capability of air capacity during a structure fire. He presented quotes for an estimate of what a new air compressor would cost for the fire department. It was the consensus of the board to discuss this request during the ARPA work session following the meeting.

      Public Works

      County Beaver Bounty

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to raise the County Beaver Bounty from $45.00 to $75.00 based on the average of surrounding areas effective immediately.

      Approval of CaCl Bids

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the calcium chloride bid from Knife River in the amount of $147,060.00 for the mainland and the bid from Forts Distributors in the amount of $38,400 for the NWA.

      Handicap Toilet at Boy Scout Park

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve a handicap accessible toilet at the boy scout park for the summer season in the amount of $1000.00.

      Updates

      County Engineer Anthony Pirkl discussed the missing dock at Clementson park, the need to include Williams school mowing in the parks budget, the possibility of using FEMA dollars to repair damaged roads, brushing at the NWA, and spring clean-up.

      JD 62 Bill

      County Engineer Anthony Pirkl informed the board that there is a brushing bill for JD 62 in the amount of $2,079.00. Roseau County will receive the bill.

      Ditch Authority

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting and open the Ditch Authority.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the payment to Roseau County for Lake of the Woods County portion of the JD 62 brushing bill. 

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the Ditch Authority and open the regular meeting.

      IJC Grant- Southern Shore Barrier Island Study

      County Engineer Anthony Pirkl informed the board of a survey study of Pine Island that will be used to understand the flow of the water and how to support the island. The IJC Grant if approved will cover the remaining cost of the project, however, Mr. Pirkl is requesting that the board approve up to $21,500.00 in the event the grant application is not approved so the project may continue.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve up to $21, 500.00 for the Pine Island study in the event the grant does not cover the funds.

      Sheriff

      Stonegarden Sheriff Salary

      Resolution

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

      AMEND COUNTY SHERIFF SALARY

      Resolution No. 23-05-01

      WHEREAS, the United States Department of Homeland Security has asked local law enforcement agencies along our Nation’s border to step up border monitoring, pursue joint objectives, and enhance their capabilities for providing border security; and,

      WHEREAS, in an effort to assist local governments in fulfilling this request, the Department of Homeland Security through the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division, offered “Operation Stonegarden 2021 grant; and,

      WHEREAS, the Lake of the Woods County Sheriff’s Office is a successful recipient of an Operation Stonegarden 2021 grant; and,

      WHEREAS, the Lake of the Woods County Sheriff has undertaken, as additional duties, the responsibility to avail himself and his officers for additional training, or to provide such training for his officers’ himself, for border protection and border security, and the additional duties of improving the distinct capability of the sheriffs’ office as a whole with regard to border security and border patrol as part of a joint mission; and in addition, as and for additional duties, the sheriff will necessarily devote more of his own time to border patrol and border enforcement; and,

      WHEREAS, the Operation Stonegarden 2021 grant given to assist the Lake of the Woods County Sheriff’s Office in its efforts to secure the border includes the sum of $119,700 and $56,954 of this grant is for salaries.

      WHEREAS, it is estimated that these additional border security duties will necessitate that the Sheriff expend on average another eight (8) hours per week; and,

      WHEREAS, through the Operation Stonegarden 2021 grant, all of the additional overtime worked by officers devoted to border security issues is fully reimbursable under the grant, including the cost of officer overtime pay, PERA, Medicare and worker’s compensation, so that the net cost of the additional homeland security duties to Lake of the Woods County is fully reimbursed by the grant.

      NOW, THEREFORE, BE IT RESOLVED, that the resolution setting the sheriff’s salary, as originally set by this board on December 30, 2022 was $98,404.80 and fringe benefits were $19,828.57, be amended so that the sheriff’s salary is increased by the sum up to $18,815.68 and fringe benefits are increased up to $3,965.71 commencing January 1, 2023 through December 31, 2023, with the increase funding from the Operation Stonegarden 2021 grant contingent upon the following:

      1.  That the Operation Stonegarden 2021 grant funding be available; and

      2. That the Sheriff works, in addition to his regular duties, eight (8) hours per week of said Operation Stonegarden 2021 grant.

      At such time that the Operation Stonegarden 2021 grant funding is no longer available and/or if the Sheriff is unable to complete the additional eight (8) hours per week of Operation Stonegarden 2021 grant work, the Sheriff’s salary shall return to the original balance set by the board on December 30, 2022 in addition to the accumulated Stonegarden wages earned based on Stonegarden funding available and actual hours worked.

      Advertise for Bids- Oil Furnace

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to advertise for bids for the used oil furnace in the storage building.

      Declaration of Emergency

      Emergency Management Director Jill Olson informed the board that the time to submit a declaration of emergency has expired.

      Annual Boat & Water Grant

      Resolution

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

      A RESOLUTION AUTHORIZING THE ANNUAL:

      BOAT & WATER SAFETY GRANT

      Resolution No. 2023-05-02

      WHEREAS, under the provisions of M.S. 84.026, M.S.86B.101, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner of Natural Resources; and,

      WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties.

      NOW, THEREFORE BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2023 through June 30, 2024, in the amount of $6,277, and authorize the County Board Chair Ed Arnesen, and County Sheriff Gary Fish to sign the same. 

      The resolution was seconded by Commissioner Cody Hasbargen, and the same being put to a vote, was unanimously carried.

      Land & Water

      Land & Water Planning Director Josh Stromlund presented the follow CUP’s for consideration:

      Consideration of Conditional Use Permit #23-04CU by Jason and Christina Draper

      A tract of land described as the West 330’ of the S2SE4SE4, Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-three (33) West (McDougald), Lake of the Woods County, Minnesota – Parcel ID# 22.07.44.021. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential (R2) Zoning District.

      Motion 

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #23-04CU by Jason and Christina Draper to operate a short-term vacation rental in a Rural Residential (R2) Zoning District with the following conditions:

      1. No rental of property until a Certification of Compliance for the septic system is obtained.
      2. The septic system must be sized accordingly for the proposed maximum occupancy as per application.
      3. Conditional Use Permit terminates upon sale or transfer of property.
      4. All other requirements must be met as per application
      5. If applicable, meet Department of Health Requirements.

      Lake of the Woods County Board of Commissioners

      Findings of Fact and Decision

      Name of Applicant:  Jason and Christina Draper Date:  May 9, 2023

      Location/Legal Description:  A tract of land described as the West 330’ of the S2SE4SE4, Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-three (33) West – Parcel ID# 22.07.44.021.

      Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential (R2) Zoning District. 

      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? Rural Residential.

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

      YES (X)  NO (  )  N/A ( )

      Why or why not?  Application of permit process.

      1. 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?  ___________________________________________________________________ 

      1. 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?  ___________________________________________________________________ 

      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 (X )  NO (  )  N/A (  )

      Why or why not?  County Road.

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

      Why or why not?  Rural Residential.

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

      Why or why not?  ___________________________________________________________________ 

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

      Why or why not?  Based on inspection.

      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 (X )  NO (  )  N/A (  )

      Why or why not?  Large enough area.

      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 ( X )  NO (  )  N/A ( )

      Why or why not? Existing.

      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 (X )  NO (  )  N/A (  )

      Why or why not? On-site parking.

      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:

      1. No rental of property until a Certificate of Compliance for the septic system is obtained.
      2. The septic system must be sized accordingly for the proposed maximum occupancy as per application.
      3. Conditional Use Permit terminates upon sale or transfer of property.
      4. All other requirements must be meet as per application.
      5. If applicable, meet Department of Health requirements.

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

            May 9, 2023 _____________________________________

      Date Ed Arnesen

              Chair, County Board

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

      Consideration of Conditional Use Permit Application #23-05CU by Daniel Crompton

      That part of the South 500’ of the SE¼SW¼ lying westerly of Bostic Creek except that part lying within Block 3, of Walleye Retreat Plat, in Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler), Lake of the Woods County, Minnesota – Parcel ID# 19.21.34.071. Applicant is requesting a Conditional Use Permit as required by Section 902 of Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of a rip rap project. This portion of Bostic Creek is considered part of Lake of the Woods which is a General Development Lake.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #23-05CU by Daniel Crompton to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of a rip rap project with the following conditions:

      1. Must follow DNR standards for rock rip rap.
      2. The Conditional Use Permit is only for that portion of the property experiencing active erosion.

      Lake of the Woods County Board of Commissioners

      Findings of Fact and Decision

      Name of Applicant:  Daniel Crompton Date:  May 9, 2023

      Location/Legal Description:  The South 500’ of the SE¼SW¼ lying westerly of Bostic Creek except that part lying within Block 3, of Walleye Retreat Plat, in Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler), Lake of the Woods County, Minnesota – Parcel ID# 19.21.34.071.

      Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) yards of material within the shore impact zone Bostic Bay of Lake of the Woods for the purpose of a rock riprap project. 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 Protection. 

      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?  Shoreline protection.

      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?  Remain the same.

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

      Why or why not?  Bostic Creek.

      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 ( X )  NO (  )  N/A ( )

      Why or why not?  Based on DNR requirements.

      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?  Bostic Creek.

      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?  ___________________________________________________________________ 

      12. 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? ___________________________________________________________________

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

      Why or why not?  ___________________________________________________________________ 

      14. 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? ___________________________________________________________________ 

      15. 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? ___________________________________________________________________ 

      16. 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? ___________________________________________________________________ 

      17. 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? ___________________________________________________________________ 

      18. 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:

      1. Must follow DNR standards for rock rip rap.
      2. The Conditional Use Permit is only for that portion of the property experiencing active erosion.

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

                May 9, 2023 _____________________________________

      Date Ed Arnesen

              Chair, County Board

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

      Consideration of Preliminary Plat of Hooper Creek West by Hooper Creek Investments, LLC

       A parcel of land located in Government Lot (One) 1 and (Five) 5, and that portion of the SE¼NW¼ lying north of Highway 172, all within Section Eighteen (18), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) Parcel ID# 24.18.12.010. Applicant is requesting to create eight (8) tracts for a residential development. The Rainy River is an Agricultural River Segment.

      Planning Commission recommends approval of the submitted Preliminary Plat of Hooper Creek West with the following conditions:

      Combine Lots 1 and 2.

      Address comments submitted by the County Recorder and Public Works Director.

      Motion

      Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously with Commissioner Jon Waibel abstaining to approve the request by Hooper Creek Investments, LLC to create eight (8) tracts for a residential development with the following conditions:

      1. Combine Lots 1 and 2
      2. Address comments submitted by the County Recorder and Public Works Director.

      Public Health Nurse

      Public Health Nurse Kay Schell gave an update to the board about potential uses for Opioid Funds and how other Counties have been using the funds.

      Coalition

      Doris Knutson and Sandy Peterson spoke with the board on various uses for Opioid Funds, how they can help our community and the need for an Opioid committee.

      Set Opioid Committee

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to create the Opioid Committee with the following members: Kay Schell, Doris Knutson, Sandy Peterson, Craig Severs, Jodi Ferrier, James Austad, and Joe Grund.

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:20 a.m.

      Attest: May 23, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

      April 25, 2023

      April 25, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 25, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      Vice-Chair Cody Hasbargen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Buck Nordlof, Cody Hasbargen, Jon Waibel, and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson. Absent was: Commissioner Ed Arnesen

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: ARP Funding for Fire Department, Appointment of Extension Committee Member, Data Practices, Set Date to Create a Review of Department Heads. 

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of April 11, 2023.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $4,719.65; Commissioners Warrants $8,067.18; Commissioners Warrants $4,251.65.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $66,965.77; Road & Bridge $22,879.41; County Development $4,200.00; Solid Waste $13,105.72; EDA $1,142.80.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 4/25/2023 For Payment 4/28/2023

      Vendor Name Amount

      Counties Providing Technology 4,204.00

      KRIS Engineering Inc 2,134.02

      Larkin Hoffman Attorneys 25,472.50

      Liberty Tire Recycling, LLC 4,935.75

      M-R Sign Co, Inc 10,899.71

      Minnesota Ui 4,411.84

      Mn Counties Computer Co-Op 17,323.34

      Northern Light Region 6,048.78

      Sandpieper Design Inc. 2,294.62

      U.S. Bank Equipment Finance 6,268.50

      Voyageurs Comtronics, Inc 2,669.68

      WIDSETH 5,250.00

      41 Payments less than 2000 16,380.96

      Final Total: 108,293.70

      Further moved to authorize the payment of the following auditor warrants: April 12, 2023 for $80,946.33; April 19, 2023 for $11,738.08.

      Affidavit of Lost Warrant

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Affidavit of Lost Warrant numbered 94853 in the amount of $218.12.

      Letter of Support

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the letter of support for local lodging tax in Lake of the Woods County.

      Correspondence

      The board reviewed correspondence from Lessard-Sams.

      Snowmobile Trails NWA Edgeriders

      Resolution

      The following resolution was offered by Buck Nordlof, seconded by Commissioner Jon Waibel and moved for adoption: 

      Sponsorship of Snowmobile Trails Assistance Program

      Resolution No. 23-04-03

      BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for NW Angle Islands maintenance of snowmobile trails managed by Northwest Angle Edge Riders Club. 

      BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement. 

      BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project. 

      Snowmobile Trails LOW Drifters

      Resolution

      The following resolution was offered by Joe Grund, seconded by Jon Waibel and moved for adoption: 

      Sponsorship of Snowmobile Trails Assistance Program

      Resolution No. 23-04-04

      BE IT RESOLVED, that Lake of the Woods County will act as the legal sponsor for an application for funding to the State of Minnesota Department of Natural Resource for Lake of the Woods Drifters Land and Big Traverse Trails managed by Lake of the Woods Drifters. 

      BE IT FURTHER RESOLVED, that upon approval of its application by the state, the Lake of the Woods County may enter into an agreement with the State of Minnesota for the above referenced project and that it will comply with all applicable laws and regulations as stated in the agreement. 

      BE IT FURTHER RESOLVED, that County Auditor-Treasurer, Lorene G Hanson is hereby authorized to serve as the fiscal agent for the above referenced project. 

      Appointment of Extension Committee Member

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to appoint Jean Schotl to the Extension Committee. 

      Human Services

      Accept Resignation

      Human Resources Director Savanna Slick informed the board that Jennifer Hovde has put in a formal resignation effective May 19,2023.

      Permission to Advertise, Interview, & Hire- Approve Job description

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the job description for a Family Based Services Provider and to advertise, interview, & hire for this position at Grade 10, Step 1, 241 Points at $21.16 per hour.

      Land & Water Planning Wages

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the job description for Environmental Specialist II and a career ladder for the Land & Water Planning Department. Addition of ladder grade means Environmental Specialist will increase from Grade 9, Points 232 to Grade 10, Points 245. The Assistant Zoning Inspector position will increase from Grade 11, Points 253 to Grade 12, Points 278. Increases will take place after certifications have been completed. A request was made for Megan Thompson to receive a grade increase based on the ladder system due to her completion of certifications. Scott Head will remain at Grade 9 until he completes the certification courses. 

      Approval of Grade Increase

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a grade increase for Megan Thompson Environmental Specialist II to Grade 11, Step 11, at $26.98 per hour, at 253 points effective next full pay period. 

      Set Date for Department Head Review

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to set a work session to review department head reviews May 9, 2023 following the regular board meeting.

      Data Practices Act 

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to classify Public Officials as County Employees for the purposes of the Data Practices Act. 

      Sheriff

      FY21 Operation Stonegarden Grant

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the FY21 OPSG Grant and for Vice-Chair Cody Hasbargen and Sheriff Gary Fish to the sign the same.

      Declaration of Emergency

      Assistant Engineer Boyd Johnson and County Sheriff Gary Fish discussed the need for the Declaration of Emergency Resolution. Mr. Johnson gave an update on flooding conditions and the potential for flooding and did not see a need for the declaration at this time.

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to table the declaration of emergency resolution to the next board meeting.

      Chief Deputy Sheriff Wage

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve an increase from Grade 18, Step 12 at $40.09 per hour, to Grade 19, Step 12 at $42.38 per hour for Chief Deputy Sheriff Daryl Fish effective next full pay period. 

      American Rescue Plan Funding for Fire Department

      Discussion was had regarded the use of the ARPA funds for the Fire Department. It was the consensus of the board to ask Brad Levasseur to the next board meeting to update the board on this request. 

      Recess

      With no further business before the Board, Vice-Chair Cody Hasbargen called the meeting to recess at 9:40 a.m.

      Attest: May 9, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Vice-Chair Cody Hasbargen

      April 11, 2023

      April 11, 2023

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 11, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

      CALL TO ORDER

      Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Buck Nordlof, Ed Arnesen and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson. Absent was: Commissioners: Cody Hasbargen, and Jon Waibel.

      APPROVAL OF AGENDA

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Legislative update, Extension, and Highway Correspondence. 

      APPROVAL OF MINUTES

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of March 28, 2023.

      Bid Opening-Land Lease

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to reject the bid from Dan Crompton in the amount of $100.00 for total acreage as it did not meet the minimum bid required of $30.00 per acre.

      Dan Crompton

      Dan Crompton spoke with the board about his use of the land in regards to his bid and suggested that the board reconsider their options.

      Add to Agenda

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to add Rebidding of Acres to the agenda.

      Rebidding of Acres

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to advertise for bids for parcel #18.2342.000, approximately 13 acres of tillable land, at $30.00 per acre or best offer.

      SOCIAL SERVICES

      Claims

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $13,071.45; Commissioners Warrants $3,476.85; Commissioners Warrants $9,804.29.

      CSP Contract- Adult Mental Health 2023-24

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof to approve the CSP Contract between the State of Minnesota Department of Human Services, Behavioral Health Division and Lake of the Woods County for Adult Mental Health 2023-24. 

      Northerly Park Bid Request

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the request to prepare bid RFP for the Northwest Angle Northerly Park project.

      New Signage for Jim’s Corner

      Joe Laurin discussed the need for new signage at Jim’s Corner. It was the consensus of the board to add this to the American Rescue Plan funds work session discussion.

      Snowmobile Trail Grant

      Resolution

      The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and moved for adoption: 

      MN Snowmobile Trail Assistance Program

      Trail Improvement Grant

      NWA Edgeriders

      Resolution – 23-04-01

      WHEREAS, the Lake of the Woods County supports the grant application made to the Minnesota Department of Natural Resources for a Trail Improvement Project on behalf of the Northwest Angle Edgeriders Snowmobile Club.  The trail system is located within Lake of the Woods County 

      WHEREAS, the Lake of the Woods County recognizes that the Northwest Angle Edgeriders Snowmobile Club will be contributing a twenty-five percent (25%) cash match to the project. 

      NOW, THEREFORE, BE IT RESOLVED, if Lake of the Woods County is awarded a grant by the Minnesota Department of Natural resources, the County agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project.  The County will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and

      BE IT FURTHER RESOLVED that this resolution be in effect for a five-year period, good through April 2028, and;

      BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Trail Program Grant Manual and certifies it will report any actual, potential, perceived, or organizational conflicts of interest upon discovery to the state related to the application or grant award, and;

      BE IT FURTHER RESOLVED, the County Board names the fiscal agent for Lake of the Woods County as: 

      Lorene Hanson 

      County Auditor-Treasurer

      206 8th Ave SE, Suite 260, 

      Baudette, MN 56623

      BE IT FURTHER RESOLVED, the County hereby assures the trail improvements will be maintained for a period of no less than twenty (20) years as required by the Recreational Trail Grant Programs.

      Miles Hogenson

      Snowmobile Trails

      Miles Hogenson gave a presentation on the current snowmobile trails maintenance and presented a map to display new potential ATV trails.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to support the possible new trail route from Baudette and Williams to the west to Beltrami and the new 62 mile proposal extending to the Pine Island State Forest. 

      Public Hearing

      Rainy Rapid River Watershed Plan

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the Rainy Rapid River Watershed Plan Public Hearing with the following members present: Commissioners: Ed Arnesen, Buck Nordlof, and Joe Grund. Also present were: Auditor/Treasurer Lorene Hanson, Land & Water Director Josh Stromlund, John Sonstegard, Monica Dohlmen, with  Mariya Rufer and Chad Severts by Zoom.

      Rainy Rapid Watershed Committee

      Rainy Rapid Watershed Committee meeting Chair John Sonstegard opened the public hearing.

      Approval of Agenda

      Motion

      Motion was made by Committee Member Monica Dohlmen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda without changes.

      Approval of Minutes

      Motion

      Motion was made by Mariya Rufer, seconded by Chad Severts and carried unanimously to approve the minutes from February 23, 2023.

      Rainy Rapid Watershed Plan Presentation

       Mike Hirst reviewed a power point presentation to discuss the Rainy Rapid Watershed Plan. 

      Motion 

      Motion was made by committee member Monica Dohlmen, seconded by Commissioner Ed Arnesen and carried unanimously to recommend approval of the watershed plan and submit to the BWSR.

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Committee Member Monica Dohlmen and carried unanimously to close the Public Hearing.

      Motion

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

      Rainy Rapid River Watershed Plan 

      Resolution

      RESOLUTION AUTHORIZING APPROVAL TO SUBMIT, ADOPT AND IMPLEMENT THE RAINY-RAPID COMPREHENSIVE WATERSHED MANAGEMENT PLAN

      Resolution 23-04-02

      WHEREAS, Lake of the Woods County is a member of the Rainy-Rapid One Watershed One Plan Policy Committee; and

      WHEREAS, Lake of the Woods County has been an active participant in the development of the Rainy-Rapid Comprehensive Watershed Management Plan (Plan); and

      WHEREAS, the Rainy-Rapid One Watershed One Plan Policy Committee submitted the Plan on January 23, 2023 for a 60-day comment period; and 

      WHEREAS, no major changes were requested by state agencies in the 60-day comment period; and

      WHEREAS, the Plan will serve as a substitute for either the SWCD comprehensive plan or county local water management plan as per 103C or 103B respectively for the duration of the state approved Plan.

      NOW THEREFORE BE IT RESOLVED, Lake of the Woods County will approve submission of the plan to the Board of Water and Soil Resources Board (BWSR). Contingent on recommendation of plan approval by the BWSR Northern Committee and subsequent BWSR approval, Lake of the Woods County hereby adopts and will begin implementation of the Plan for the area of the County identified within the Plan.

      Memorandum of Agreement

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the MOA with SWCD to work together on the Rainy Rapid River Watershed Plan and for Chairman Ed Arnesen to sign the same.

      Feedlot Presentation-Mike Hirst

      Mike Hirst gave an update on the feedlots in Lake of the Woods County.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the feedlot annual report and for Chairman Ed Arnesen to sign the same.

      Historical Society

      Request for Funding for New Roof

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve $6,000.00 from the American Rescue Plan funds for roof repairs and to add the Historical Society to the American Rescue Plan (ARP) funds list. 

      Recess

      A brief recess took place at 11:22 a.m. and reconvened at 11:25 a.m.

      Auditor/Treasurer

      Claims

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $39,257.04; Road & Bridge $126,302.64; County Development $515.00; Solid Waste $54,908.90.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 4/11/2023 For Payment 4/14/2023

      Vendor Name Amount

      American Solutions For Business 4,483.46

      CARRIFF Engineered Fabrics Corporation 2,695.82

      Cenex Co-Op Services, Inc. 21,456.34

      Farmers Union Oil company 2,026.72

      Guardian Fleet Safety 5,283.67

      Howard’s Oil Company 8,295.41

      LOW Highway Dept 5,831.25

      Mar-Kit Landfill 12,420.25

      Midsota Trailer Sales & Service 27,350.00

      Performance Health Supply LLC 3,908.64

      Plutko Plumbing & Heating 19,641.99

      R & Q Trucking, Inc 6,110.00

      Team Lab 70,812.50

      University Of Mn 11,474.32

      32 Payments less than 2000 19,193.21

      Final Total: 220,983.58

      Further moved to authorize the payment of the following auditor warrants: April 5, 2023 for $67,829.28; April 7, 2023 for $451,366.00; April 7, 2023 for ($1,250.00).

      Abatement

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to request an abatement from the Commissioner of Revenue for parcel #15.31.33.040 due to a clerical error.

      Extension 

      The board reviewed correspondence from Lisa Loegering requesting funding for a 4-H Summer assistant.

      Motion

      Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve up to $2000.00 for a 4-H Summer assistant.

      Correspondence

      The board reviewed correspondence from County Engineer Anthony Pirkl regarding FEMA progress.

      Legislative Update

      Commissioner Ed Arnesen gave a legislative update that included Tourism, Williams School, Lodging Tax, and the Northwest Angle. Commissioner Arnesen will be traveling to Washington, D.C. to meet with lobbyist and requested a letter on behalf of the County regarding lobbying for a safe boat for public safety and to speak about tourism.

      Recess

      With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 12:00 p.m.

      Attest: April 25, 2023

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen