August 27, 2024

COMMISSIONER PROCEEDINGS

August 27, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 27, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Closed Session, Storm Shelter Funds Request, Retirement Resolution, Jail Contract, and Town Road Vacation. Remove: Audit Exit Review, Fair Board Updates.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of August 6, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $24,852.05; Commissioners Warrants $3,087.97; Commissioners Warrants $64,368.36.

Permission to Advertise, Interview, and Hire- Office Support Specialist

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the request to advertise, interview, and hire an office support specialist at Grade 9, Step 1, $20.64 per hour at 222 points.

Retirement Resolution

Resolution

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

RECOGNITION OF YEARS OF SERVICE

JO AERY

RESOLUTION No. 2024-08-03

WHEREAS Jo Aery has served the residents of Lake of the Woods County since December 8, 2006 as Lake of the Woods County Social Services Office Support Specialist/Transportation Coordinator;

WHEREAS Jo Aery has resigned from Lake of the Woods County service effective August 30, 2024 with 17 years and 8 months of service;

NOW THEREFORE, BE IT RESOLVED That Lake of the Woods County Board of Commissioners Extends its deepest appreciation to Jo Aery for her dedicated service and best wishes to her;

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

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $223,686.76; Road & Bridge $72,879.49; County Development $13,475.00; Joint Ditch $460.00; Solid Waste $49,725.23; EDA $1,893.74.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/27/2024 For Payment 8/30/2024

Vendor Name Amount

Bert’s Truck Equipment Of Moorhead Inc 2,768.70

Charm-Tex           16,383.50

Co-Op Services, Inc.           23,196.96

Concrete Canvas US, Inc. 9,976.00

Counties Providing Technology 4,407.00

Farmers Union Oil company 2,387.75

Freeberg & Grund, Inc 3,575.00

Gallow Technologies 8,446.96

Hoffman, Philipp & Martell, PLLC 7,705.00

Howard’s Oil Company 4,368.47

Integris LLC 2,055.64

John Campbell DBA Toy Box 5,072.60

Laine/Robert 2,200.00

Lake Area Construction Inc           11,587.50

Larkin Hoffman Attorneys           19,707.25

LOW Highway Dept 3,347.85

Mar-Kit Landfill                         17,507.00

Mn State Dept-Correction           16,224.00

Msop-Mn Sex Offender Prgrm-462 2,921.90

NetCenter Technologies           12,689.50

North East Technical Service,Inc 6,425.50

Pennington County Sheriff Office           10,065.00

Powerplan 2,218.95

Quadient Finance USA Inc. 6,000.00

R & Q Trucking, Inc 6,264.00

Shannon’s Inc                         42,717.56

Titan Machinery – Roseau 8,544.82

U.S. Bank Equipment Finance 6,268.50

Uline 6,510.37

University Of Mn                         15,121.50

Walker Pipe & Supply 9,140.25

WIDSETH SMITH NOLTING & ASSOC., INC.        15,275.00

Wikstrom Telephone Co.,Inc           12,320.00

72 Payments less than 2000   38,720.19

Final Total: 362,120.22

Further moved to authorize the payment of the following auditor warrants: August 7, 2024 for $63,450.89; August 8, 2024 for $278,096.98; August 14, 2024 for $119,062.73; August 21, 2024 for $11,333.45.

Joint Powers Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Joint Powers Agreement contract number 253368 between the State of Minnesota and Lake of the Woods County for election recount services.

Veterans Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the veterans grant for transportation services in the amount of $7,500.00.

Storm Shelter Funds Request

Brenda Nelson and Nyla O’Connell came to the board to discuss funding options for an elevator replacement at Bethany Church in Williams. Bethany church is the designated storm shelter for that area and the elevator is broken and will need to be replaced. The board discussed requesting assistance from Emergency Management Director Jill Olson to review grant options that may be available. No action was taken at this time. 

Airport Zoning Board

Resolution

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

AUTHORIZING THE CREATION OF A JOINT AIRPORT ZONING BOARD

Resolution No. 2024-08-04

WHEREAS, The City of Baudette, hereinafter referred to as the Municipality, owns and controls the Baudette International Airport; and 

WHEREAS, Portions of the airport hazard area adjacent to the airport are located outside the territorial limits of said Municipality but within the territorial limits of this County; and 

WHEREAS, The above Municipality has requested in writing that we join with them in the creation of a Joint Airport Zoning Board; and 

WHEREAS, This County deems it necessary and expedient to create a Joint Airport Zoning Board in cooperation with the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3, and other applicable laws for the purpose of establishing, administering, and enforcing zoning laws for the areas surrounding the airport and for the protection of the airport and the public; and

WHEREAS, The above statute provides that this County has the right to appoint two (2) persons to said board; and 

WHEREAS, Subdivision 3 of Section 32 of the Appropriations Bill passed by the Minnesota Legislature effective July 1, 1973, provides that no moneys shall be expended by the Commissioner of Transportation of the State of Minnesota to improve and maintain an airport unless the governmental unit owning the airport has or is established a zoning authority for the airport.

NOW, THEREFORE, BE IT RESOLVED by the Lake of the Woods County Board as follows:

  1. That there is hereby created in cooperation with the above Municipality a Joint Airport Zoning Board to be composed of representatives of Lake of the Woods County and representatives of the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3.
  1. That Lake of the Woods County hereby appoints Cody Hasbargen and Jon Waibel to be its representatives on said board with alternates Ed Arnesen, Buck Nordlof, and Joe Grund, said persons to serve for an indefinite term until they resign or are replaced by Lake of the Woods County.

Sheriff

Jail Contract-Purchase of Service Agreement Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Jail Purchase of Services Agreement between Lake of the Woods County and Pennington County for $65.00 per day for three beds and to have Chair Cody Hasbargen and Sheriff Gary Fish sign the same.

County TV

Kent Christianson gave an update on the maintenance and testing on the county tv equipment.

Land & Water

Consideration of Interim Use Permit #24-04IU by Christopher and Ashley Olson

Lot Three (3), Block One (1), Turgeon Estates in Section Twenty (20), Township One-hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) – Parcel ID# 24.60.01.030. Applicant is requesting an Interim Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1).

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-04IU by Christopher and Ashley Olson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

  1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
  2. The septic system is sized for the maximum occupancy identified in the application.
  3. The maximum occupancy is limited to the identified number in the application.
  4. The established quiet hours are as identified in the application.
  5. A valid Certificate of Compliance for the septic system is required.
  6. No on street parking is allowed.
  7. If applicable, applicant must meet the Minnesota Department of Health Requirements.

Lake of the Woods County Board of Commissioners

Short-Term Vacation Rental Findings of Fact and Decision

Name of Applicant:  Christopher and Ashley Olson Date:  August 27, 2024

Location/Legal Description:  Lot Three (3), Block One (1), Turgeon Estates Parcel Number:  24.60.01.030

Project Proposal:  Applicant is requesting an Interim Use Permit, as required by Section 401.B of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential Zoning District (R1).

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

Explain?  Property is located in the growth corridor.

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

YES (X)  NO (  )  N/A (  )

Explain?  Applicant has met the criteria based upon the submitted application.

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

Explain?  Residential.

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

Explain?  Public road, Noble Drive.

  1. Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X)  NO (  )  N/A (  )

Explain?  No change.

  1. Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?

YES (X)  NO (  )  N/A (  )

Explain?  As per the submitted application.

  1. Does the water test meet the Minnesota Department of Health drinking water standards? YES (X)  NO (  )  N/A (  )

Explain?  The water test results are part of the submitted application.

  1. Has the applicant identified the maximum number of occupants? YES (X)  NO (  )  N/A (  )

Explain?  The application states a maximum of six (6) people. 

  1. Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X)  NO (  )  N/A (  )

Explain?  The septic system has a valid Certificate of Compliance and is sized for a 3-bedroom dwelling.

  1. Has the applicant established quiet hours? YES (X)  NO (  )  N/A (  )

Explain?  The established quiet hours are from 10:00 p.m. to 7:00 a.m.

  1. Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

  1. Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

  1. Has the applicant identified a local person and their contact information? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

  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 (  )

Explain?  No signage has been requested.

  1. Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

YES (  )  NO (  )  N/A (X)

Explain?  No need for fencing and/or screening.

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows:

  1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
  2. The maximum occupancy is limited to six (6) individuals.
  3. The established quiet hours are from 10:00 pm to 7:00 am.
  4. A valid Certificate of Compliance for the septic system is required.
  5. No on-street parking is allowed.
  6. If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

August 27, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

County Surveyor Update

County Surveyor Chad Conner gave an update on the remonumentation project and ADA requirements associated with making survey records available on the county website.

Public Works

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to add Solid Waste Regional Planning to the agenda.

Solid Waste Semi Truck Purchase Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of a semi-truck for the solid waste department up to $50,000.00.

Solid Waste Regional Planning Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to join the Northwest Region Solid Waste regional planning agreement.

Update

County Engineer Anthony Pirkl gave a brief update on various highway projects.

Town Road Vacation Petition

The board reviewed a petition application from Marty Mollberg for a town road vacation. It was noted that there was more information that would be needed for the application to be accepted. No action was taken at this time.

Recess

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

Baudette Community Foundation-Fireworks Committee

Fireworks Funds Request

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to donate $5,000.00 out of Con-Con Funds to the Baudette Community Foundation for the fireworks fund.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-08-05

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and   

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the lawsuit; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the pending lawsuit where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

  1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and
  1. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher.

Motion 

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 10:35 a.m.

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for the Sheriff on September 10, 2024 following the regular board meeting.

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 10:40 a.m. 

Attest: September 10, 2024

______________________________ _________________________________Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

August 27, 2024

 AGENDA

Tuesday, August 27, 2024

TIME TAB

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

Approval of Agenda

Approve Minutes of August 6, 2024 

9:05 a.m. #2 Social Services

  • Claims
  • Permission to Advertise, Interview, Hire

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

  • Claims
  • Joint Powers Agreement
  • Vets Grant Approval

9:20 a.m. #4 Airport Zoning Board Resolution

9:30 a.m. #5 County TV 

  • Update

9:40 a.m. #6 Land & Water

  • IUP 24-04IU

9:55 a.m. #7 County Surveyor

  • Update

10:15 a.m. #8 Public Works

  • Updates
  • Solid Waste Semi Truck Purchase

10:25 a.m. #9 Fair Board

  • Updates

10:35 a.m. #10 Fireworks Committee

10:50 a.m. #11 Audit Exit Review

11:10 a.m. #12 Adjourn

11:15 a.m. #13 Work Session

  • Budget Meeting

Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • Law Enforcement Center
  • Unused Wells
  • County Life Flight/Ambulance

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August 6, 2024

COMMISSIONER PROCEEDINGS

August 6, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 6, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

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 additions: Closed Sessions, Final Payment of SAP, and Affidavit of Lost Warrant.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of July 23, 2024.

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 $9,566.00; Commissioners Warrants $1,939.39; Commissioners Warrants $14,762.12.

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 $86,538.33; Road & Bridge $56,144.03; County Development $200.00; Joint Ditch $3,465.00; Solid Waste $10,743.84.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/06/2024 For Payment 8/09/20

Vendor Name Amount

Arrowhead Library System 33,118.00

Computer Integration Technologies, Inc   3,500.00

Extreme Duty Ironworks   3,040.00

HDR Engineering Inc   3,465.00

Knife River Corporation 49,210.00

Law Offices Of Patrick D. Moren   9,065.73

Liberty Tire Recycling, LLC   5,018.00

LOW Soil & Water Cons. Dist. 29,118.50

ZOLL Medical Corporation GPO   2,076.00

45 Payments less than 2000 19,479.97

Final Total:  157,091.20

Further moved to authorize the payment of the following auditor warrants: July 24, 2024 for $2,327,905.10; July 31,2024 for $10,978.79.

Joint Powers Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Joint Powers Agreement contract number 253367 between the State of Minnesota and the Counties and Municipalities for election services.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the affidavit of lost warrant number 40967 in the amount of $868.17. 

Public Works

Final Payment SAP 039-594-002

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-594-002 for Davidson Ready-Mix & Construction, Inc. of Newfolden, MN in the total amount of $1,393,566.85 and hereby authorize final payment of $75,639.59.

Recess

A brief recess took place at 9:25 a.m. and reconvened at 10:00 a.m.

Public Hearing-Proposed Interim Cannabis Ordinance Moratorium

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting and open the public hearing at 10:00 a.m. 

Proposed Interim Cannabis Ordinance Moratorium

County Attorney Michelle Moren discussed the reason for the public hearing regarding an interim cannabis ordinance moratorium and asked for comments from the public. 

Eric Nerland, Brittney Peterson, and Kyle Gruis from Lake of the Woods Cannabis Co. discussed the social equity application process and licensing for a cannabis business. They informed the board that they have applied for a social equity application and would like to be considered when they review applications.

Motion

Motion was made by Commissioner Jon Waibel, 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 interim cannabis ordinance moratorium.

Closed Session-Attorney Client Privilege

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-08-01

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and   

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the lawsuit; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the pending lawsuit where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

  1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and
  1. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher, and received by the County from another named defendant. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 6th day of August, 2024. 

Motion

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

Closed Session-Attorney Client Privilege

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-08-02

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County entered into a Settlement Agreement (“Agreement”) in the Matter of Hibbing Taconite Mine and Stockpile Progression and Williams Creek Project Specific Wetland Mitigation, which Agreement was dated October 6, 2015 (OAH Docket No. 11-2004-31655); and

WHEREAS, the Agreement resolved issues prior to litigation; and 

WHEREAS, parties to the Agreement, are seeking to modify certain terms and conditions of the Agreement; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the modification of the agreement; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the requested modifications, where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

  1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and
  1. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Office of Administrative Hearings matter as set forth in the recital above and any settlement proposals regarding the modifications to the Agreement requested by Cliffs, which may be made by or responded to by the Lake of the Woods County Board. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting.

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 11:15 a.m. 

Attest: August 27, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

August 6, 2024

Tuesday, August 6, 2024

TIME TAB

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

Approval of Agenda

Approve Minutes of July 23, 2024 

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Joint Powers Agreement

9:20 a.m. #4 Public Works

  • Updates

 10:00 a.m. #5 Public Hearing

10:30 a.m. #6 Adjourn

Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • Law Enforcement Center
  • Unused Wells
  • County Life Flight/Ambulance

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Phone Conference ID: 309 462 229# 

August 22, 2023

Tuesday, August 22, 2023

TIME TAB

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

Approve Agenda

Approve Minutes of August 8, 2023

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims

9:15 a.m. #4 Cody Underdahl

  • DOC Update

9:35 a.m. #5 Public Works Hwy/Solid Waste

  • Updates

9:50 a.m. #6 Sheriff

  • Purchase of Service Agreement

9:55 a.m. #7 Land & Water

  • Adoption of Rainy Rapid Workplan

10:10 a.m. #8 RECESS

10:15 a.m. #9 Work Session

  • Budget Meeting

Correspondence: Attorney General

Old/New Business

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

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August 22, 2023

August 22, 2023

The Lake of The Woods County Board of Commissioners met in regular session on August 22, 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: Commissioner Buck Nordlof.

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: Approval of Quotes for Painting.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official minutes of August 8, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $7,227.47; Commissioners Warrants $1,758.25; Commissioners Warrants $6,696.54.

Minnesota Department of Corrections

District Supervisor Cody Underdahl gave an update that included: Legislative changes, staffing changes, Borderland Substance Abuse Court, supervised probation, and the cognitive behavior program.

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 $277,332.64; Road & Bridge $40,348.19; County Development $350.00; Joint Ditch $97,362.60; Solid Waste $17,361.52; EDA $1,296.60.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/22/2023 For Payment 8/25/2023

Vendor Name Amount

ByteSpeed, LLC 4,400.00

Cenex Co-Op Services, Inc. 15,944.90

Counties Providing Technology 4,284.00

Dentons Dirt Worx, LLC 97,362.60

Erickson Engineering Company, LLC 7,528.50

Farmers Union Oil Co. 2,960.46

Lake Area Construction Inc 14,700.00

Lavalla Sand & Gravel Inc 76,353.84

Liberty Tire Recycling, LLC 10,266.35

North Central Insulation 162,912.00

Pomp’s Tire-Thief River Falls 3,345.46

Quadient Finance USA Inc. 2,000.00

Roseau County Highway Dept 3,305.02

Stonebrooke Engineering, Inc. 4,148.93

U.S. Bank Equipment Finance 6,268.50

Wex Bank 2,102.78

30 Payments less than 2000 16,168.21

Final Total: 434,051.55

Further moved to authorize the payment of the following auditor warrants: August 9, 2023 for $105,137.32; August 16, 2023 for $167,739.06.

Roof Repair Final Payment

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the final payment for the Government Center building roof repair in the amount of $162,912.00 to be paid for out of the building fund.

Approval of Bid

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the bid from Joy Brandt Painting in the amount of $4,250.00 to paint the Government Center Court Room to be paid for out of the insurance claim for water damage.

Public Works

County Engineer Anthony Pirkl discussed project SAP 039-026-005 300ft of road between Willie Walleye, the VFW, and the Grand Theater that will begin work in summer of 2024. 

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to add Permission to advertise for bids for SAP 039-026-005.

Permission to advertise for bids

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the request to advertise for bids for project SAP 039-026-005.

Updates

County Engineer Anthony Pirkl discussed the reclaiming on County Road 8 and informed the board that the project will continue after Labor Day. Mr. Pirkl also informed the board that a water line was installed at the landfill to help with the grinding of shingles.

Sheriff

Pennington County Purchase of Service Agreement

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the renewal of the Purchase of Service agreement between Pennington County, Thief River Falls, and Lake of the Woods County Sheriff’s Office and for Chair Ed Arnesen and Sheriff Gary Fish to sign the same.

Land & Water

Adoption of Rainy-Rapid Work Plan

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Rainy-Rapid work plan for Watershed based implementation funding and allow the implantation committee to certify any final changes required for approval by the Board of Water and Soil Resources.

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 9:45 a.m.

Attest: September 12, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

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

      August 8th, 2023

      Tuesday, August 8, 2023

      TIME TAB

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

      Approve Agenda

      Approve Minutes of July 25, 2023

      9:05 a.m. #2 Social Services

      • Claims

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

      • Claims
      • Set Work Session-Commissioners
      • Permission to Hire Environmental Specialist

      9:15 a.m. #4 Public Works: Highway/Solid Waste

      • Updates
      • Salary

      9:30 a.m. #5 Land & Water

      • Scott Head-Grade 
      • CUP #23-11CU Mayfield
      • CUP #23-12CU Eklund

      9:45 a.m. #6 IT

      • Eagleview Flyover

      10:00 a.m. #7 County Surveyor

      10:15 a.m. #8 Attorney

      11:00 a.m. #9 RECESS

      Correspondence: Public Information Session-Watershed

      Old/New Business

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

      Microsoft Teams meeting 

      Join on your computer, mobile app or room device 

      Click here to join the meeting 

      Meeting ID: 220 768 009 572
      Passcode: 4maL9L 

      Download Teams | Join on the web

      Or call in (audio only) 

      +1 929-336-2435,,309462229# United States, New York City 

      Phone Conference ID: 309 462 229# 

      August 30, 2022

      AGENDA

      Tuesday, August 30, 2022

      TIME TAB

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

      Approval of Agenda

      Approve Minutes of August 16, 2022

      9:05 a.m. #2 Social Services

      • Claims

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

      • Claims
      • Wheelers Point: On/Off sale & Sunday

      9:15 a.m. #4 Sheriff

      • Permission to Hire
      • Part-time Dispatch

      9:20 a.m. #5 Human Resources

      • Set Date Department Head Reviews

      9:30 a.m. #6 Public Works

      • Highway
      • Update
      • Solid Waste
      • Solid Waste Assessment Discussion

      9:45 a.m. #7 Union Negotiations – Closed Session

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

      10:30 a.m. #8 RECESS 

      10:35 a.m. #9 Budget Meeting

      Old/New Business

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

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

      August 30, 2022

      August 30, 2022

      The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 30, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

      Call To Order

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

      Approval of Agenda

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following changes: Add: MPCA SSTS Grant, and Land Rent. Remove: Wheelers Point On/Off Sale & Sunday.

      Approval of Minutes

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the minutes from August 16, 2022.

      Social Services

      Claims

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $3,967.88; Commissioners Warrants $5,698.71; Commissioners Warrants $6,331.42.

      Auditor/Treasurer

      Claims

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $60,442.27; Road & Bridge $5,124.76; Solid Waste $27,331.38; Economic Development $966.42.

      WARRANTS FOR PUBLICATION

      Warrants Approved On 8/30/2022 For Payment 8/31/2022

      Vendor Name Amount

      Counties Providing Technology 4,052.00

      Erickson/Sonja K. 3,000.00

      Integris DBA 14,388.38

      Lake Area Construction Inc 11,630.00

      North East Technical Service,Inc 9,672.50

      Pemberton Law, P.L.L.P. 3,234.50

      Rolyan Buoys 5,074.65

      Royal Tire Inc 9,970.36

      SeaChange Print Innovations 2,412.53

       SHI International Corp 4,171.90

       U.S. Bank Equipment Finance 6,268.50

       33 Payments less than 2000 19,989.51

      Final Total: 93,864.83

      Further moved to authorize the payment of the following auditor warrants: August 17, 2022 for $12,690.28; August 24, 2022 for $15,832.28; August 25, 2022 for $315. 00. 

      Land & Water

      Approval of MPCA Subsurface Sewage Treatment System Program Grant

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel to approve the annual MPCA Subsurface Sewage Treatment System Program Grant that was presented by Land & Water Director Josh Stromlund. 

      Sheriff

      Permission to Hire Part-time Dispatcher

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the hire of Amy Pedersen as part-time dispatcher at Grade 10, Step 1, 20.59 per hour at 237 points effective August 22,2022. 

      Human Resources

      Set Date for Department Head Reviews

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set the date for department head reviews for September 6, 2022 at 10:00a.m.

      Public Works

      Highway

      County Engineer Anthony Pirkl gave an update on various Highway Department projects that included: Bridge on 53, County Road 8, County Road 30-Wabanica RD, and gravelling.

      Solid Waste

      Add to Agenda

      Motion

      Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to add Permission to Advertise, Interview, & Hire to the Agenda.

      Permission to Advertise, Interview, & Hire

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve permission to advertise for, interview, & hire a Solid Waste Processor at Grade 11, Step 1, 21.68 per hour at 265 points.

      Solid Waste Assessment Discussion

      County Engineer Anthony Pirkl discussed assessment cost changes with the board and the need to raise the solid waste assessment from $120.00 to $130.00 per unit, and for resorts to pay the full assessment fee and an additional ice road assessment fee moving forward in the payable 2023 assessment year. This is at the recommendation of the Solid Waste Committee due to rising costs in processing solid waste. Approval of this recommendation will be added to the next board meeting.

      Solid Waste Update

      County Engineer Anthony Pirkl informed the board that he did hear back from Koochiching County about the possibility of hauling demo work there. Koochiching County is interested in this agreement contingent on their permit. The discussion will continue over the next year.

      Union Negotiations

      Motion 

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting at 9:33a.m. and open the closed session pursuant to MN Statute 13D.03 Union Negotiations. 

      The following were present: Commissioners: Joe Grund, Buck Nordlof, Cody Hasbargen, Jon Waibel, Ed Arnesen, County Auditor/Treasurer Lorene Hanson, County Engineer Anthony Pirkl, and Human Resources Director Savanna Slick.

      Motion

      Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session at 10:50a.m. and open the regular meeting. 

      Land Rent

      Motion

      Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to advertise for bids for leasing land and with the acres certified through FSA.

      RECESS

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

      Attest: September 13, 2022

      ______________________________ _________________________________

      County Auditor/Treasurer, Lorene Hanson Chair James “Buck” Nordlof