Commissioner Proceedings

May 11, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 11, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following additions: Sheriff/ MN DNR Federal Boating Grant and Lake of the Woods Trap Team Donation.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of April 27, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $1,817.59; Commissioners Warrants $6,530.97; Commissioners Warrants $16,511.28.

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 $37,727.93; Road & Bridge $25,464.09; Social Service $1,200.00; County Development $2,396.00; Joint Ditch $1,540.00; Solid Waste $79,725.84; EDA $164.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 5/11/2021 For Payment 5/14/2021

Vendor Name Amount

American Solutions For Business 3,360.85

CARRIFF Engineered Fabrics Corporation 2,316.87

Cenex Co-Op Services, Inc. 5,755.97

Counties Providing Technology 3,985.00

LOW County Auditor-Treasurer 19,287.04

LOW Highway Dept 4,922.50

Mar-Kit Landfill 13,007.50

Mesabi Bituminous, Inc. 2,144.85

Roseau County Sheriff 4,665.65

Short Elliott Hendrickson, Inc 2,511.07

Sjoberg’s Inc 2,668.00

Swanston Equipment Corp 51,348.98

WIDSETH 3,646.00

Woody’s Service 2,680.57

58 Payments less than $2000                       25,917.57
                Final Total: 148,218.42

Further moved to authorize the payment of the following auditor warrants: April 28, 2021 for $207,005.48; May 5, 2021 for $56,535.86; May 5, 2021 for $228,091.79; May 4, 2021 for ($788.22).

Revenue/Expenditure/Investment Review

The County Commissioners were provided with information to review.

Cigarette/Tobacco License – ICEHOLE Tavern

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a cigarette/tobacco license for Balili Entertainment Group Inc./ICEHOLE Tavern, as permitted by County Sheriff Gary Fish and County Attorney James Austad.

County Owned Land Sale, Date and Terms of Sale

Resolution
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following resolution:

County Owned Land Sale
Resolution No. 2021-05-02

WHEREAS, pursuant to MS. 373.01, Lake of the Woods County desires to offer unimproved nonconforming County-owned land for sale, parcel number 19-2531-119, described as follows: Commencing at the West 1/16^th corner on the East and West quarter line, 1312.6 feet South,  89°59’ 30” East of the quarter corner common to Section 25 and 26, Township 162 North, Range 32 West; thence South,  0°13’ East, along 1/16^th line 400 feet; thence at right angles to said 1/16^th line, North 89°47’ East, a distance of 600 feet to the point of beginning; thence South, 0°13’ East, parallel with 1/16^th line, 687.48 feet; thence South, 89°59’30” East, parallel with above quarter line, 180 feet; thence Northerly and parallel to the West line of said described tract, a distance of 522.92 feet; thence Westerly and parallel to the South line of said described tract, a distance of  110.22 feet; thence North, 0°00’30” East, a distance of 164.56 feet; thence Westerly, parallel with quarter line, 69.78 feet, more or less, to the point of beginning; said described tract lying all within Gov. Lot 3, Section 25, Township 162 North,  Range 32 West, and containing 2.42 acres, more or less. (Note: Not to be used on legal documents.)

WHEREAS, the Lake of the Woods County Auditor/Treasurer is hereby authorized to notify adjoining landowners of said sale; 

WHEREAS, the minimum sale price has been set at $9,000.00

WHEREAS, the terms of the sale will be cash only, including applicable fees;

WHEREAS, all minerals and mineral rights will be reserved by Lake of the Woods County;

NOW, THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners authorizes the land sale to take place on June 21, 2021 at 1:00 p.m., in the Lake of the Woods County Government Center Commissioners’ Room;

BE IT FURTHER RESOLVED, that the Lake of the Woods County is authorized to issue a deed for the property to the highest bidder.

PUBLIC WORKS
Highway
Tobin Fishery Easement
County Engineer, AJ Pirkl, informed the Board that an agreement was reached with the current property owner of the former fishery. The County purchased a right of way easement, to include removal of the fishery building, for $8,000.00.

Award Contract SAP 039-622-008
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve awarding contract SAP 039-622-008 to KGM Contractors Inc. at $1,497,512.00.  Three bids were received for this project.  The County cost for this project will be $1,168,632.50.

Marti Carlson Retirement
Resolution
The following resolution was offered by Chairman Joseph Grund and moved for adoption:

Recognition of Years of Service
Martine E. Carlson
Resolution No. 21-05-01

WHEREAS Martine Carlson has served Lake of the Woods County as a Deputy Auditor and Highway Accountant/Office Manager since September 5, 1990;
WHEREAS Martine will retire from Lake of the Woods County effective May 14, 2021 with more than thirty years of service;
NOW THEREFORE, BE IT RESLOVED That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Martine for her dedicated service and wishes her well on her retirement.

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

Solid Waste/Landfill
TV Dropoff
There will be a free event for television and monitor drop off on May 20, 21, and 22, 2021 at the landfill.  This event is offered through a MPCA grant.

MPCA Update
County Engineer, AJ Pirkl, is still in conversation with the MPCA on the landfill cover.

LAND AND WATER PLANNING

Consideration of Conditional Use Permit #21-07CU by Tillman Infrastructure, LLC on behalf of Richard and Teresa Humeniuk

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-07CU by Tillman Infrastructure, LLC, on behalf of Richard and Teresa Humeniuk: The SE¼SW¼, Section Twelve (12), Township One Hundred Sixty (160) North, Range Thirty (30) West, Parcel ID#- 31.12.31.080. 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 commercial communications tower in a Rural Residential District (R2).

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-07CU for Tillman Infrastructure, LLC, on behalf of Richard and Teresa Humeniuk to operate a commercial communications tower in a Rural Residential District (R2) with the following conditions:

1. Comply with FCC guidelines and rules governing communication towers.
2. Comply with FAA guidelines and rules governing communication towers.

Lake of the Woods County Board of Commissioners
Findings of Fact and Decision

Name of Applicant:  Tillman Infrastructure, LLC, on behalf of Richard and Teresa Humeniuk   

Date: May 11, 2021

Location/Legal Description:  The SE¼SW¼, Section Twelve (12), Township One Hundred Sixty (160) North, Range Thirty (30) West, Parcel ID# – 31.12.31.080

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 commercial communications tower in a Rural Residential District (R2).

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?  Communication and safety network.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Will increase safety.

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

Why or why not? ______________________________________________________

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

Why or why not?  Will not change.

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Adjacent to a County Road.

8. 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? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?                                                                                YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

The specific conditions of approval are as follows: 

1. Comply with FCC guidelines and rules governing communication towers.
2. Comply with FAA guidelines and rules governing communication towers.

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

May 11, 2021_ _____________________________________

Date Joseph Grund, Chair County Board

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

Consideration of Conditional Use Permit #21-08CU by T & A Rentals, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-08CU by T & A Rentals, LLC: Lot 6, Block 1, Rainy River Retreat, Section Twenty-four (24), Range One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.62.01.060. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Residential Development (Rl) Zoning District.

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-08CU by T & A Rentals, LLC to operate a short-term transient rental in a Residential Development (Rl) Zoning District with the following conditions:

1. Conditional Use Permit is for North end of duplex only.
2. Must meet MDH requirements.

3. The Conditional Use Permit terminates upon sale or transfer of property.
4. Must pay lodging tax.
5. Established quiet hours are from 10:30 p.m. to 6:00 a.m.
6. Must meet State Fire Code.
7. No on-street parking is allowed.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  T & A Rentals, LLC Date:  May 11, 2021

Location/Legal Description:  Lot 6, Block 1, Rainy River Retreat, Section Twenty-four (24), Range One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.62.01.060

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) 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?  Located in one of the Commercial Activity Centers identified within Growth Corridor.

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

      YES (X)  NO (  )  N/A (  )

Why or why not?  Property is located within the Wheeler’s Point Sanitary District, proper conditions placed upon approval to mitigate health, safety, and welfare concerns.

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

  YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  Adjacent to Pickeral Trail.

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

Why or why not?  Located in one of the Commercial Activity Centers identified within Growth Corridor and is located within an area that has a mixture of residential and commercial land uses.

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

  YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

10. 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?  The property is within the Wheeler’s Point Sanitary District.

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

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Well has been tested and the property is within the Wheeler’s Point Sanitary District.

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

Why or why not? ______________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

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

Why or why not? ______________________________________________________

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

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

Why or why not?  Parking in front of unit.

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. Conditional Use Permit is for North end of duplex only.
2. Must meet MDH requirements.
3. The Conditional Use Permit terminates upon sale or transfer of property.
4. Must pay lodging tax.
5. Established quiet hours are from 10:30 pm to 6:00 am.
6. Must meet State Fire Code.
7. No on-street parking is allowed.

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

______May 11, 2021_ _____________________________________

Date Joseph Grund

        Chair, County Board

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

SHERIFF
MN DNR Federal Boating Grant
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the MN DNR Federal Boating Equipment Grant for fiscal year 2021 in the amount of $3,620.00 and for Sheriff Gary Fish and Chair Joe Grund to sign the same.  The grant can be used for specific items for recreational boating safety.

Lake of the Woods Trap Team Donation
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to donate $1,892.00 from gun permit funds for the Lake of the Woods Trap Team to attend the State Tournament.

CORRESPONDENCE
A thank you from Lake of the Woods High School Class of 2021 was acknowledged.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:29 a.m.

Attest: May 25, 2021

_________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

Commissioner Proceedings

May 26, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 26, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

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 additions: Clementson Park, Gun Range, Snowmobile Trail Resolution, and Website Quotes.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the official and summarized minutes of May 12, 2020 with changes.

Motion was made by Commissioner Buck Nordlof and Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of May 19, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $6,452.71, Commissioners Warrant’s $1,724.10, Commissioners Warrant’s $15,492.95.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $35,638.71; Road & Bridge $126,234.24; Social Service $1,200; County Development $200; Joint Ditch $450; Solid Waste $37,101.34; EDA $905.08.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/26/2020 For Payment 5/29/2020

Vendor Name Amount

BAYCOM, INC. 9,708.00

Bert’s Truck Equipment Of Moorhead, Inc 104,847.00

Cenex Co-Op Services, Inc. 6,503.12

Election Systems & Software, Inc 4,030.00

Lakes Gas Co 2,060.97

Liberty Tire Recycling, LLC 6,207.45

LOW County Auditor-Treasurer 19,298.46

LOW Highway Dept 7,326.25

Mar-Kit Landfill 9,243.50

Northern Light Region 4,155.46

Short Elliott Hendrickson, Inc 9,333.40

36 Payments less than 2000 19,015.76

Final Total: 201,729.37

Further moved to authorize the payment of the following auditor warrants: May 13, 2020 for $7,451.06; May 20, 2020 for $10,450.14.

Permission to Advertise/Interview/Hire

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve advertising and interviewing for a Deputy Auditor/Treasurer- License Clerk/Board Administration position.

Snowmobile Trail Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried, with Commissioner Joe Grund abstaining, and moved for adoption: 

MN Snowmobile Trail Assistance Program

FY2020 Trail Improvement Grant

Resolution – 20-05-02

WHEREAS, the Lake of the Woods County supports the grant application made to the Minnesota Department of Natural Resources for the FY20 Trail Improvement Project on behalf of the Lake of the Woods Drifters Snowmobile Club.  The application is to repair bridges on the Border Trails in Lake of the Woods County. The trail system is located within Lake of the Woods County 

WHEREAS, the Lake of the Woods County recognizes that the Lake of the Woods Area Drifters 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 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.

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 #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.

VETERAN SERVICES

Update

Rick Rone gave an update on the Veteran Services program. There are currently 354 veterans that reside in Lake of the Woods County and the program provided 758 visits in 2019.  Transportation needs have slightly decreased as more veterans are able to access medical services in the region through the Community Care Program.  Bronze star grave markers have been placed on graves, contact Rick Rone if there is a need for grave markers.  Other topics discussed were home health, grants, dental care, and COVID-19 funds.

Appointment of Veteran Services Officer

Motion

Motion was made by Commissioner Joe Grund to re-appoint Rick Rone as Lake of the Woods County Veterans Service Officer from January 1, 2019 to December 31, 2022 pursuant MN Statutes 197.60 Subd. 2.  The motion was seconded by Commissioner Cody Hasbargen and the same being put to a vote, was unanimously carried.

COUNTY HIGHWAY/LANDFILL

Appointment of County Engineer
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to re-appoint Anthony (AJ) Pirkl as County Engineer for a four-year term effective June 1, 2020.

Parks and Rec Policy Review

The Board reviewed both the Parks and Recreation Policy and the Application and Permit for use of a County Park.  An update was discussed for the Parks and Recreation Policy, Rule and Regulation Number Four.  The updated rule and regulation number four would read as follows; No person, firm or corporation shall: While within County parks, consume any intoxicating or non-intoxicating liquors without a permit. The Application and Permit for use of a County Park will be reviewed by County Attorney James Austad before updates are made.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve an update to the Parks and Recreation Policy, Rule and Regulation Number Four to read as follows; No person, firm or corporation shall: While within County parks, consume any intoxicating or non-intoxicating liquors without a permit.

Ship’s Wheel Boat Landing

The dock at the Ship’s Wheel County Access is currently in need of repair.  It was the consensus of the Board to have the dock removed and to get quotes for a roll-in dock.

Clementson Park

Commissioner Cody Hasbargen was asked by The Baudette Rotary Club/Take A Kid Fishing if they could work on the purchase of a dock for Clementson Park.  The Commissioners would like to invite The Baudette Rotary Club to the next regular board meeting to discuss the project.

Highway Update

County Engineer, AJ Pirkl, provided an update.  Road restrictions went off last Wednesday, May 20, 2020. The highway department has been cleaning JD16.  They will be looking at converting a bridge south of the Birch Beach area to a box culvert.  

Landfill Update

County Engineer, AJ Pirkl, provided an update.  The grinder is here, training is done and it is working faster and is safer than the old machine.

NWA BOARD MEETING DATE

The meeting at the Northwest Angle, originally scheduled for June 16, 2020, will be postponed until July 14, 2020.  The regular scheduled meeting on July 14, 2020 will now be held at the Northwest Angle at 10 a.m. and the Angle Outpost Resort will be contacted for meeting accommodations.

COVID-19

Update

Jill Hasbargen Olson, Emergency Management Director, provided an update.  She indicated that there is interest in requesting an emergency hire for a seasonal/temporary position to help monitor traffic in the Government Center Lobby and to assist with cleaning. The new hire must be at least 18 years old.  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve an emergency hire for a Seasonal/Temporary COVID-19 Cleaning Specialist at Grade 6, Step 1, $15.41 per hour.  This position will be less than six months in duration.  

Update Continued

Hasbargen Olson continued with the COVID-19 update and recommended maintaining the open-by-appointment format at the Government Center through at least the next regular board meeting on June 9, 2020.  She said that the National Guard may be coming to Lake of the Woods County to do COVID-19 testing for long-term care residents and workers, but that needed to be confirmed with CHI LakeWood Health.  Hasbargen Olson will create identification badges for Commissioners for use when crossing the U.S.-Canadian Border for meetings and other county business, photos will be taken at the special board meeting on June 2, 2020. She reminded staff to complete and turn in FEMA ICS class certificates as soon as possible.

WEBSITE QUOTES

MIS Director, Peder Hovland, provided quotes from three website designers, CivicPlus, Inc., Granicus, and Revise. The Commissioners requested a quote from a local vendor and asked if the Lake of the Woods County Sheriff’s Office website could be incorporated into the project as well.   The Commissioners asked for a website update at the special board meeting on June 2, 2020.  

GUN RANGE

Commissioner Joe Grund and County Attorney James Austad are reviewing a lease agreement for the 40-acre gun range.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 10:45 a.m.

Attest: June 23, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel 

Commissioner Proceedings

May 19, 2020

The Lake of the Woods County Board of Commissioners met in special session on Tuesday, May 19 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Chair Jon Waibel called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund (by phone), Jon Waibel, Buck Nordlof, Cody Hasbargen and Ed Arnesen. Also present were: County Auditor/Treasurer Lorene Hanson, Emergency Management Director Jill Hasbargen-Olson, County Attorney James Austad.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried as follows, For: Commissioner Cody Hasbargen, Joe Grund, Ed Arnesen, Buck Nordlof and Jon Waibel; Against: None, to approve the agenda with the addition of Support for Charter Boats/Guiding Fishing.

COVID-19 UPDATE

Update

Jill Hasbargen Olson, Emergency Management, provided an update.  She has not heard of any concerns about the Lake of the Woods County COVID-19 Preparedness Plan that was implemented at the County and suggested to start thinking about when to end the County’s Declaration of Emergency.  Postcards will be sent out to residents of Lake of the Woods County this week with information on cleaning and social distancing. 

Kay M. Schell, CHI LakeWood Public Health, talked about the Governor’s Five-Point Plan for Protecting Minnesota’s Long-Term Care Residents and Workers.  She said that the COVID-19 quick tests should be ready by May 26, 2020 and that the plan for the graduation ceremony follows MN Department of Health guidelines.

Charter Boats/Guiding Fishing Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried as follows:  For: Commissioner: Ed Arnesen, Joe Grund, Cody Hasbargen, Buck Nordlof and Jon Waibel; Against:  None. 

RESOLUTION 

CHARTER BOAT SAFETY PLAN

COVID-19

RESOLUTION NO. 20-05-01

WHEREAS; the Lake of the Woods County Board of Commissioners is in support of the following letter of support for a Charter Boat Safety Plan due to COVID-19:

Dear Governor Walz:

First, we want to thank you and your staff for the efforts during this COVID-19 pandemic.  These are certainly very challenging times with tough decisions having to be made.

Charter boats are a staple in Lake of the Woods County, enabling people without boats or those intimidated by big water, to successfully fish the lake.  Without charter boat services, those tourists may not come here and the cabins would sit empty.  The resorts and associated economy are at a standstill.

We are hoping you will consider this “Charter Boat Safety Plan” for Minnesota which would allow charter boats to begin operating much like they are in other states.  For the time being, charters in Minnesota could:

• Have a guide and maximum of four customers who are staying together and part of the same group
• Groups cannot be mixed on a charter boat
• Require face masks or covering for all clients and customers
• Conduct daily health assessments of employees and employers
• Maintain good hygiene, social distancing and hand washing
• Clean and sanitize workplaces often
• Maintain social distancing practices

We believe we can provide safety at a greater level than many businesses already allowed to operate in Minnesota.

Currently, four people can stay in a cabin together, but not board a charter boat.  We believe it is actually safer to allow those same four people to board a charter boat and be out in the fresh air.

As you know, many people are allowed in grocery and big box stores.  Having a captain plus four on a large charter boat averaging 27’ to 30’ long and is 10’ wide with safety precautions in place, we believe is a very reasonable option.  In fact, it might be safer than a guide plus two on a 16’ to 18’ boat which is currently allowed.

The Lake of the Woods Area has lost much business since mid-March, losing two weeks of ice fishing, our spring fishing for walleyes on the Rainy River and then our sturgeon season.  Now, we are cutting into walleye season at the Walleye Capital of the World.

Every day that goes by, our area loses money, current fishing trips are being cancelled, future trips on the books are being cancelled and people that would normally be calling to book trips are not calling.  It is having a very negative impact on many.

We are desperately asking you to consider this proposed “Charter Boat Safety Plan’ and allow charter boats to start up in Minnesota.

THEREFORE, BE IT RESOLVED; Lake of the Woods County Board of Commissioners, is desperately asking you to consider this proposed “Charter Boat Safety Plan” and allow charter boats to start up in Minnesota.

Commissioners:  Ed Arnesen, Joe Grund, Cody Hasbargen, Buck Nordlof, Jon Waibel

Other Areas of Concern

• Still no update on Lake of the Woods County’s bill regarding local sales tax.
• Briefly talked about the CARES Act and how the funds would be distributed between cities and counties.
• Soil and Water Conservation District requested to have their annual planning meeting in the Commissioners’ Room on June 8, 2020 from 9:30 a.m. to 11:30 a.m.  The Commissioners all agreed that the meeting could be planned in the Commissioners’ Room, subject to change. 

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 9:40 a.m.

Attest: May 26, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel 

Commissioner Proceedings

May 12, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, May 12 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of April 28, 2020 with changes.

Motion was made by Commissioner Buck Nordlof and Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of May 5, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $11,260.77, Commissioners Warrant’s $1,300.65, Commissioners Warrant’s $2,966.91.

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 $63,959.68; Road & Bridge $243,973.13; County Development $1,828.50; Solid Waste $3,297.73; EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/12/2020 For Payment 5/15/2020

Vendor Name Amount

American Solutions For Business 3,557.79

Bert’s Truck Equipment Of Moorhead, Inc 25,005.98

Counties Providing Technology 3,926.00

I-State Truck Center 62,539.00

Klein McCarthy & Co, Ltd, Architects 9,833.73

McCoy Construction & Forestry Inc 147,000.00

Mn Counties Computer Co-Op 35,314.33

Voyageurs Communications, Inc 2,307.50

Widseth Smith Nolting&Asst Inc 6,777.31

42 Payments less than 2000                                      16,841.96

             Final Total: 313,103.60

Further moved to authorize the payment of the following auditor warrants: April 29, 2020 for $63,084.52; May 6, 2020 for $173,481.38; May 7, 2020 for $186,076.86.

Reappoint Veteran Service Officer

The Commissioners requested to have an update from the Veteran Service Officer at the next regular board meeting.

Snowmobile/Trail Application:

The snowmobile and trail applications were reviewed and will be submitted by May 15, 2020.

Review Revenue and Expenditure Guidelines:

The Commissioners received the revenue and expenditure guidelines to review.

WELLNESS COMMITTEE

Angie Eason, representing the Wellness Committee, requested funding for memorials to be placed on county grounds for fellow employees, who passed away while employed at the County.  The Commissioners suggested employee fundraising to help cover the cost of the memorials.

LAND AND WATER PLANNING

Consideration of Conditional Use Permit

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for J&L Hennum, Inc. Applicant is requesting a Conditional Use Permit as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to operate a commercial planned unit development consisting of recreational vehicle camping park located in a Commercial Recreation Zoning District.  No comments were heard from the public.  Stromlund reviewed the Findings of Fact of the Planning Commission and informed the board that this application was approved by them with the flowing conditions: 1) Fence to be located off of property line an adequate distance to allow for maintenance activities, 2) Must meet density requirements, 3)Approved for year-round use, 4) Must meet MDH requirements and obtain approval, 5) All permanent and temporary structures must meet the required fifty (50) foot Right-of-Way setback.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for J&L Hennum, Inc. to operate a commercial planned unit development consisting of recreational vehicle camping park located in a Commercial Recreation Zoning District with conditions:

1. Fence to be located off of property line an adequate distance to allow for maintenance activities.
2. Must meet density requirements.
3. Approved for year-round use.
4. Must meet MDH requirements and obtain approval.
5. All permanent and temporary structures must meet the required fifty (50) foot Right-of-Way setback.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  __J&L Hennum Inc_________________________ Date:  _May 12, 2020_____

Location/Legal Description: The Vacated Plat of Jesme’s Addition to Riverview Section Twenty-four (24), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#: 19.51.00.010; 19.51.00.070; 19.51.00.180

Project Proposal:   A Conditional Use Permit, as required by Section 401-D of the Lake of the Woods County Zoning Ordinance operate Commercial Planned Unit Development in a Commercial-Recreation 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?  In a commercial zoning district and within the Highway 172 Growth Corridor indicating this use is located in a Commercial Activity Center.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Public sewer and private water and based upon density calculation.

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?  Stormwater to be addressed on-site.

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?  Larger trees to remain and will not change.

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

Why or why not?  Not located in floodplain and/or floodway.

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

YES (  )  NO (  )  N/A (X)

Why or why not?  Area to be developed is level.

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

Why or why not?  Access will be off of county road and other roads will be one way.

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

Why or why not?  Commercial/recreational area and located with the Highway 172 Growth Corridor indicating this use is located in a Commercial Activity Center.

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 area is not located within the shoreland area of the Rainy River.

10. 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?  This project falls within the Wheeler’s Point Sanitary District and mandatory hook-up is required.

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

Why or why not? Will not be visible from public waters.

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

Why or why not?  Public water supply to meet requirements of the Minnesota Department of Health and sewer system is part of the Wheeler’s Point Sanitary District.

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

Why or why not?  Lake of the Woods is over 300,000 acres on the Minnesota portion.

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

Why or why not? ______________________________________________________

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

Why or why not?  An eight (8) foot high fence is to be constructed.

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

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

Why or why not?  One lighted 4’x4’ sign is identified in the site plan.

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

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

Why or why not?  Parking will be within the campsites and one-way traffic within the campground is identified.

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. Fence to be located off of property line an adequate distance to allow for maintenance activities
2. Must meet density requirements
3. Approved for year-round use
4. Must meet MDH requirements and obtain approval
5. All permanent and temporary structures must meet the required fifty (50) foot Right-of-Way setback

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

_______________ _____________________________________

Date Jon Waibel

        Chair, County Board

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

Consideration of Preliminary Plat

Land and Water Planning Director, Josh Stromlund, met with the board and presented a Consideration of Preliminary Plat of Hooper Creek:  A parcel of land located in Government Lots (One) 1, (Five) 5, and (Six) 6 all within Section Eighteen (18), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West. Applicant is requesting to create sixteen (16) tracts for a residential development.  No comments were heard from the public.

Recess – Commissioner Ed Arnesen requested to recess at 9:33 a.m., meeting resumed at 9:40 a.m. with Commissioner Ed Arnesen as acting Chair and Commissioner Jon Waibel was absent from the meeting.

Motion 

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried as follows, For: Buck Nordlof, Joe Grund, Ed Arnesen; Abstain: Cody Hasbargen; Absent: Jon Waibel, to approve the Consideration of Preliminary Plat of Hooper Creek:  A parcel of land located in Government Lots (One) 1, (Five) 5, and (Six) 6 all within Section Eighteen (18), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West. Applicant is requesting to create sixteen (16) tracts for a residential development.

Attendance: Chair Jon Waibel rejoined the meeting.

COUNTY HIGHWAY/LANDFILL

Highway Update

County Engineer, AJ Pirkl, provided the Highway Update.  Quotes came back for calcium chloride, EnviroTech was the low bidder. The Highway Department did reach out to the public to see if anyone was interested in private application of calcium chloride as well.  The CSAH 31 project will be starting late June.  The Highway Department is planning gravel road maintenance for the North West Angle in early June.  County road restrictions should be lifted by early next week, depending on the weather.

Summer Equipment Demo: Pirkl provided information on the GradeAll Excavator, to rent one with a 35-foot reach would cost $20,000 a month.  The department may have an opportunity to demo a GradeAll Excavator this summer. The department will rent a mini-excavator to assist with ditch cleaning this summer, at a cost of about $4,000 to $6,000.  

Landfill Update

The Rotochopper will be delivered this week, a week-long training will take place on this new equipment.

Motion 

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the Ditch Authority Meeting at 10:04 a.m.

Ditch Authority

County Engineer, AJ Pirkl, requested approval to get quotes for cleaning JD 26. The department is looking at cleaning 2,000 to 3,000 feet of JD 26 this year, at a cost of $5 to $6 a foot the total cost will be $15,000 to $18,000.  

The Commissioners would like to set a Ditch Authority meeting date in early June.  Pirkl will create a map of what needs cleaning, what is assessed and what is not. The meeting date will be on June 8^th at 6 p.m. in the Commissioners’ Room.  

It was the consensus of the Ditch Authority to approve getting quotes to clean JD 26.

Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the Ditch Authority meeting and open the regular meeting at 10:09 a.m.

Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve getting quotes to clean JD 26 at up to $24,000.

COVID-19 UPDATE

Update

Jill Hasbargen Olson, Emergency Management, provided an update.  There are still no confirmed cases in Lake of the Woods County, but Koochiching County has reported two new cases.  The COVID-19 quick tests should be available at CHI LakeWood Health at the end of this week or by early next week.  The National Guard will be flying over Wednesday, May 13^th to honor health care workers.  Hasbargen Olson requested that FEMA training certificates be turned in to her.

County Policy (reopening)

A preparedness plan policy for the County was presented.  The policy allows for updates by departments.

Motion 

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Lake of the Woods County COVID-19 Preparedness Plan Policy.

Other

• A decision or update on border crossing should be made on May 20.  
• There has been no new information from the Department of Corrections. 

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 10:30 a.m.

Attest: May 26, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel