January 9, 2024
The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, January 9, 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: Ed Arnesen, Cody Hasbargen, Jon Waibel, and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent: Commissioner Buck Nordlof
APPROVAL OF AGENDA
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously approve the agenda with the following changes: Add: Board Meeting Date Change.
APPROVAL OF MINUTES
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of December 28, 2023.
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of January 2, 2024.
Board Meeting Date Change
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to change the August 20th, 2024 meeting to August 6th, 2024.
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 $31,845.90; Commissioners Warrants $1,217.32; Commissioners Warrants $6,111.39.
Border Bank Signature Cards-Rep Payee Account
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to authorize Jodi Ferrier and Aspen Thompson or their successors to sign the Border Bank signature card for the Rep Payee Accounts.
Border Bank Signature Cards-Child Support Account
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to authorize Sheri Stebakken and Jo Aery or their successors to sign the Border Bank signature card for account number 4739.
Riverwood Bank Signature Cards-Social Welfare Account
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesn and carried unanimously to authorize Jodi Ferrier and Sheri Stebakken or their successors to sign the Riverwood Bank signature card for account number 2155.
Child Support Agreement and Child Support Arrangement
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the Child Support Agreement and Child Support Arrangment between Minnesota Department of Human Services, Child Support and Lake of the Woods County.
Healthcare Access Plan
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Local County and Tribal Agency Biennial Health Care Access Services Plan.
Lakewood Health Ambulance Service-Letter of Support
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to draft a letter of support for Lakewood Ambulance Service to move from a BLS service to a part-time ALS service and for Chair Cody Hasbargen to sign the same.
Auditor/Treasurer
Claims
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $250,684.68; Road & Bridge $69,931.65; Solid Waste $34,471.94; EDA $365.00.
WARRANTS FOR PUBLICATION
Warrants Approved On 1/09/2024 For Payment 1/12/2024
Vendor Name Amount
Air Med Care Network 16,803.00
ByteSpeed, LLC 7,713.00
Ferrellgas 2,051.72
Headwaters Regional Development Commiss 3,500.00
Integris LLC 2,159.90
KnowBe4, Inc 2,227.50
Larkin Hoffman Attorneys 15,700.00
Mar-Kit Landfill 10,036.00
Mn Assn Of Counties 7,146.00
Mn Counties Computer Co-Op 21,470.97
MN Counties Intergovernmental Trust 168,235.00
Mn State Dept-Correction 27,762.36
Moren/Law Offices Of Patrick D 8,960.80
Motorola Solutions, Inc 17,079.83
OnSolve,LLC 7,875.00
Verus Corporation 3,896.75
WIDSETH SMITH NOLTING & ASSOC., INC. 8,350.00
47 Payments less than 2000 24,485.44
Final Total: 355,453.27
Further moved to authorize the payment of the following auditor warrants: December 29, 2023 for $126,414.49; December 29, 2023 for $1,981,017.71; January 3, 2024 for $4,189.42.
ARPA Update
County Auditor-Treasurer Lorene Hanson gave an update on American Rescue Plan funds.
Northwest Angle Post Office Update
The board discussed options for the post office at the Northwest Angle.
Affidavit of Lost Warrant
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Affidavit of Lost Warrant #40299.
Employee Recognition
The board presented John Butenhoff with the Steven R. Sindelir award for Excellence for the year 2023.
GIZIIBI
Land & Water Director Josh Stromlund gave an update on GIZIIBI. It was the consensus of the board to no longer participate in GIZIIBI.
DITCH AUTHORITY
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the Ditch Authority.
Ditch Funds Update
County Auditor-Treasurer Lorene Hanson gave an update on ditch funds.
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the Ditch Authority and open the regular meeting.
PUBLIC WORKS
Updates
County Engineer Anthony Pirkl gave an update on various projects that included snowplowing and bridge projects.
Township Road Inventory
County Engineer Anthony Pirkl and the Board of Commissioners reviewed Township Road Inventory and discussed the future of the project.
Splashpad Advisory Committee
Shelby Mason, Calista Wolf, Lindsay Payne and Commercial Recreation Specialists (CRS) Representative Ashley Walker gave a presentation to the board to show the splashpad design they have created and to request funding in the amount of $35,000.00. No action was taken at this time.
Recess
A brief recess took place at 11:32a.m. and reconvened at 11:38 a.m.
LAND & WATER
Consideration of Interim Use Permit #24-01IU by Daniel Klis
Lot 2, Block 1, East Pine Creek, according to the recorded plat thereof, in Section Twenty-nine(29), Township One Hundred Sixty-eight(168) North, Range Thirty-four(34) West-Parcel ID# 02.51.01.020. 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). This portion of Pine Creek is considered Lake of the Woods, a General Development Lake.
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-01IU by Daniel Klis to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:
- The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property whichever occurs first.
- The maximum occupancy is limited to six (6) individuals as per the submitted application.
- The established quiet hours are from 10:00 pm to 7:00 am as per the submitted application.
- A valid Certificate of Compliance for the septic system is required.
- No on-street parking is allowed.
- If applicable, the applicant must meet the Minnesota Department of Health requirements.
Lake of the Woods County Board of Commissioners
Short-Term Vacation Rental Findings of Fact and Decision
Name of Applicant: Daniel Klis Date: January 9, 2024
Location/Legal Description: Lot 2, Block 1, East Pine Creek Plat
Project Proposal: Applicant is requesting an Interim Use Permit, as required by Section 1106 of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential Zoning District (R1).
- Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( )
Explain? Resort and recreational destination.
- Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES (X) NO ( ) N/A ( )
If yes, explain? Applicant has met the criteria as per the submitted application.
- Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Explain? This type of use is allowed in a Residential (R1) Zoning District.
- Is the site in harmony with existing and proposed access to the property? YES (X) NO ( ) N/A ( )
Explain? Property has access from East Pine Drive Northwest.
- Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X) NO ( ) N/A ( )
Explain? Applicant indicates parking on site as per the submitted application. No on street parking is to be allowed.
- Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?
YES (X) NO ( ) N/A ( )
Explain? As per the submitted application.
- Does the water test meet the Minnesota Department of Health drinking water standards? YES (X) NO ( ) N/A ( )
Explain? The water test results are part of the submitted application.
- Has the applicant identified the maximum number of occupants? YES (X) NO ( ) N/A ( )
Explain? The maximum number of occupants is limited to six (6) people as per the submitted application.
- 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 existing system has received a COC and is sized accordingly for the maximum occupancy.
- Has the applicant established quiet hours? YES (X) NO ( ) N/A ( )
Explain? As per the submitted application, the quiet hours are 10:00 pm to 7:00 am.
- Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- Has the applicant identified a local person and their contact information? YES (X) NO ( ) N/A ( )
Explain? See submitted application.
- If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?
YES ( ) NO ( ) N/A (X)
Explain? No signage is proposed as per the submitted application.
- Is fencing and/or screening needed to buffer the project proposal from adjacent properties?
YES ( ) NO ( ) N/A (X)
Explain? No fencing and/or screening is warranted.
The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.
The specific reasons for denial or conditions of approval are as follows:
- The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
- The maximum occupancy is limited to six (6) individuals as per the submitted application.
- The established quiet hours are from 10:00 pm to 7:00 am as per the submitted application.
- A valid Certificate of Compliance for the septic system is required.
- No on-street parking is allowed.
- If applicable, the applicant must meet the Minnesota Department of Health requirements.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
January 9, 2024 _____________________________________
Date Cody Hasbargen
Chair, County Board
This is in accordance with the Lake of the Woods County Zoning Ordinance
Louis Taylor-Address Request
Mr. Taylor came to the board to request an address for his property.
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request from Mr. Louis Taylor to have an address created for his property.
Fairboard
JP Sweet came to the board to inform them that the carnival for the County Fair has raised their prices and would like to request additional funding to secure a carnival for the next fair.
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to increase the funding amount from $25,000.00 to $35,000.00 for the County Fair Carnival.
CLOSED SESSION
Resolution
The following Resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following:
Resolution Closing Board Meeting
Resolution No. 2024-01-03
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, the Lake of the Woods County Board of Commissioners wishes to meet with its attorney to discuss an ongoing investigation pertaining to sensitive data, which data could be construed as confidential/private pursuant to the Minnesota Data Practices Act; and
WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board of Commissioners to hold a public discussion with its attorney regarding the ongoing investigation and its legal position; and
WHEREAS, there is an absolute need for the Lake of the Woods County Board of Commissioners to obtain confidential legal advice regarding the ongoing investigation and potential legal options in order to maintain the attorney-client privilege.
BE IT RESOLVED, by the Lake of the Woods County Board of Commissioners as follows:
- The Lake of the Woods County Board of Commissioners hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b);
- The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.05, subd. 3(b), are the legal strategy of the Board regarding the ongoing sensitive data investigation.
Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 9th day of January, 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.
Adjourn
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 12:35 p.m.
Attest: January 23, 2024
______________________________ _________________________________
County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen