November 26, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, November 26, 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, Joe Grund. By Phone from Florida: Commissioner Jon Waibel. Also present was County Auditor-Treasurer Lorene Hanson. Absent: Commissioners: Ed Arnesen, Buck Nordlof.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with additions: Permission to Hire Heavy Equipment Officer.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the official minutes of November 12, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following claims: Commissioners Warrants $11,986.68; Commissioners Warrants $3,209.59; Commissioners Warrants $40,356.18.

Adult Mental Health Community Support Program Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the Adult Mental Health Community Support Program Grant between Minnesota State Department of Human Services, Behavioral Health Administration and Lake of the Woods County effective January 1, 2025.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the claims against the County as follows: Revenue $22,370.71; Road & Bridge $52,881.60; County Development $375.00; Natl Resc Enhanc $1,170.00; Solid Waste $82,136.70; EDA $1,649.16.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/26/2024 For Payment 11/27/2024

Vendor Name Amount

Baudette/City Of 6,000.00 

Co-Op Services, Inc.           10,231.24 

Compass Minerals America 6,009.26 

John Deere Financial 6,159.76 

KnowBe4, Inc 3,307.50 

Lavalla Sand & Gravel Inc 6,300.00 

Mar-Kit Landfill           13,285.00 

McDaniels/Tim           38,000.00 

North East Technical Service,Inc           18,574.45 

North Leaf Auto Body 8,732.35 

Northern Light Region 3,195.00 

Short Elliott Hendrickson, Inc 5,130.58 

U.S. Bank Equipment Finance 6,268.50 

44 Payments less than 2000 29,389.53

Final Total: 160,583.17

Further moved to authorize the payment of the following auditor warrants: November 13, 2024 for $55,838.46; November 21, 2024 for $44,695.40; November 21, 2024 for $407,817.46; November 21, 2024 for ($165.99)

Doctor Retention

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve, the Dr. Retention Agreement between Lake of the Woods County and Lakewood Health Center effective October 1, 2024, for three years, unless earlier terminated by written notice by the County, for employed Physicians in the amount of $10,000 per year and $5,000 per year per employed advanced practice clinician, not to exceed $45,000 per year; and to authorize County Board Chair, Cody Hasbargen, County Auditor/Treasurer, Lorene Hanson and County Attorney, Michelle Moren to sign the same.

AirMed Contract Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the contract agreement between AirMedCare Network and Lake of the Woods County.

Set Special Meeting

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to set a special meeting with Representative Elect Duran, and Senator Green for December 9, 2024 at 4:00p.m.

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to set a work session to discuss Lake of the Woods County legislative actions for 2025 for December 9, 2024 at 3:00p.m.

Emergency Management

FY2022 Operation Stonegarden Grant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the FY2022 Operation Stonegarden Grant in the amount of $153,694.00 and for Chair Cody Hasbargen to sign the same.

LEAST Contract

Emergency Management Director Jill Hasbargen-Olson discussed the LEAST Counselling Services contract. No action was taken at this time.

Human Resources

Environmental Specialist I to II 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve moving Eric Best from Environmental Specialist I to Environmental Specialist II Grade 11, Step 2, $23.37 per hour at 253 points effective next full pay period.

Permission to Hire Heavy Equipment Operator

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the hiring of Heavy Equipment Operator Ed Humeniuk at Grade 12, Step 6, $26.69 per hour at 274 points effective November 18, 2024.

Public Works

Semi-truck Purchase Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the purchase of a semi-truck for $38,000.00 and the additional wet kit between $6,000.00-$7,000.00 that was approved in a previous meeting up to $50,000.00.

Warroad Watershed District Discussion

County Engineer Anthony Pirkl discussed possible amendments the Warroad Watershed District has proposed. It was the consensus of the board to have Mr. Pirkl draft a letter in response to this proposal to be presented at the next regular board meeting.

Approval of the Northerly Park Master Plan

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the Northerly Park Master Plan as presented by County Engineer Anthony Pirkl.

Jake’s Sawmill-Letter of Support

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve signing a letter of support for Jake’s Sawmill to apply for a grant for a biochar production facility. 

County Attorney 

LEAST Contract

County Attorney Michelle Moren discussed her recommendations for the LEAST Services contract.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the LEAST Services contract contingent upon the addition of indemnification and the insurance cap as presented per County Attorney recommendation.

Large Event Ordinance Resolution

Resolution

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

Resolution No. 24-11-04

RESOLUTION OF LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS ADOPTING  THE LARGE EVENT ORDINANCE

WHEREAS, the assembly within unincorporated areas of Lake of the Woods County of  a large number of people for extended periods of time creates special problems in maintaining order, the enforcement of law, and the protection of public health, safety and welfare; and

WHEREAS, these problems place extraordinary burdens upon the emergency management, fire, law enforcement, transportation, and utility services provided in the ordinary and usual course of events; and

WHEREAS, it is necessary that provisions made for the regulation, control and planning of such assemblies; and

WHEREAS, public hearing was held on June 27^th, 2023 to consider adoption of a Large Event Ordinance; and

WHEREAS, following said public hearing, the Lake of the Woods County Board of Commissioners, approved by motion the  adoption of a Large Event Ordinance; and 

WHEREAS, the Lake of the Woods County Board of Commissioners desire to confirm the adoption of said  Large Event Ordinance by Resolution.

NOW, THEREFORE, BE IT RESOLVED that the County Board of Lake of the Woods County hereby ordains:

There is hereby created Lake of the Woods County Ordinance No. 23-06-02, which shall be included as follows:

LAKE OF THE WOODS COUNTY: LARGE EVENT ORDINANCE

1. No person, firms or corporation shall conduct, maintain, operate, promote, organize, manage, or advertise, nor sell or give tickets of admission to, a show, exhibition, event or assembly of any nature for which it is planned or may reasonable be expected that 500 or more persons attending the assembly may remain, or may be permitted to remain, upon the site, lot, field, lake, or tract of land (hereinafter called premises) upon which the exhibition, show, or assembly is conducted excluding events permitted by the Sheriff pursuant to Minnesota Statute 86B.121, unless specifically excepted by this Ordinance.

2. The applicant for permit shall make application in writing, verified under oath by the applicant or, if a corporation is applicant, by its president and secretary, filed with the County Auditor not less than sixty (60) days prior to the proposed beginning date of the assembly, and at least ninety (90) in advance if the assembly will involve one thousand (1000) or more participants, and shall set forth:

1. The full name, age, residence, and mailing address of the applicant, or names and addresses of the partners if applicant is a partnership, or the names and addresses of the officers and all persons owning more than ten percent (10%) of the stock of the corporation if the applicant is a corporation.
2. A legal description of the premises upon which it is proposed to conduct the assembly, with the names and addresses of all persons owning an interest in the premises, stating the nature of the interest.
3. The nature and purpose of the assembly, the proposed beginning date and the period during which the assembly will be conducted, and a detailed statement of the manner in which it will be conducted.
4. The maximum number of persons which the applicant will permit to assemble on the premises at any time during the assembly, which number shall be stated as a condition of any permit which may be issued.
5. The plans of the applicant to limit and control admission to the premises to the maximum number of persons stated in the permit and for controlling and parking vehicles of persons assembling on the premises.
6. Description of existing facilities, and plans for proposed construction and alteration of, sewage, garbage and waste disposal systems, toilets, urinals, sinks, wash basins, drains; the source of water supply and plans for water distribution on the premises and methods of fire protection to be used during such assembly.
7. The proposed method of lighting the structures and premises during the assembly.
8. The number,  location, and power  of amplifiers  and speakers,  and the plans for sound control during the assembly, if applicable. No event shall utilize amplified sound between the hours of 1:00 AM and 8:00 AM. No event shall utilize fireworks between the hours of 12:01 AM and 8:00 AM.

i.) Plans for maintenance of security and order on the premises, including the proposed number,   deployment, and hours of availability of security guards upon the premises prior to, during, and immediately after the close of the assembly.

j) Plans for the preparation and distribution of food and refreshments upon the premises.

k.)Plans for providing a map of the premises showing evacuation routes reasonably available to    persons assembling and the law enforcement agents and county officers and employees.

l.) Plans for medical services, including buildings therefore, the names and hours of availability of  physicians and nurses, and provisions for ambulance and other emergency services.

3. The application shall be accompanied by permit fee in the amount of $500.00, together with a Certificate of Liability Insurance naming Lake of the Woods County as an additional insured for the term of the event in the amount of $500,000 each occurrence and $1,500,000 aggregate for both bodily injury and property damage liability to cover any claims that may result from the assembly and be approved by the County of Lake of the Woods conditioned that the permittee:

a.) carries out all of the plans and keeps and performs all of the conditions of the application and permit 

b.) maintain order on the premises,

c.)leave the premises in neat and respectable condition,

d.)pay, when due, to the person or persons entitled thereto, all debts and obligations incurred in promoting, advertising, and conducting and operating the assembly, and

e.)indemnify and hold harmless the County of Lake of the Woods, its officers, agents,  and employees, from any liability or causes of action arising in any way from the conduct of the assembly, evidenced by a certificate of insurance in the minimum amounts of municipal tort limits and a named additional insured.

f.) the bond shall provide that any person damaged by the breach of any condition of the bond may maintain an action within ninety (90) days after the event concludes in his own name to recover his damage, after first giving written notice to the County of Lake of the Woods, or the County of Lake of the Woods may maintain an action in its own name for the benefit of the persons damaged. In the event that approval of the application shall be denied by the County Board of Commissioners, the fee shall be returned.

g.)if no action has been filed, the bond shall be released ninety (90) days after the event concludes.

4. Within ten days of filing of application, the county shall consider the application:

1. If the application is denied the County shall inform the applicant in writing of the reasons for denying the applications; if the objection can be corrected, the applicant may amend the application and resubmit it for approval.
2. If the application is approved, the applicant shall be given an approval report which shall permit the applicant to proceed according to the plans stated in the application, provided, however, that such approval shall not relieve the applicant from compliance with all applicable statutes, ordinances, and regulations.
3. Plans and statements submitted in an approved application shall be deemed a condition of the approval report and of any permit issued pursuant thereto, whether or not stated in the report or permit.

5. Not less than ten days prior to the start of the assembly the applicant shall file with the County Sheriff.

1. The names and addresses and credentials of all security guards to be employed during the assembly.
2. The names and addresses of all food and service concessionaires who would be permitted to operate on the premises, with the permit or permit number of each.
3. A report showing completion of all construction and installation necessary to comply with the application for permit, or in the event that such remain incomplete, evidence satisfactory to the County that completion will be had prior to the scheduled commencement of the assembly. Upon receipt of such report and after making such investigation and inspection of the premises as it may deem proper, and finding that all plans and requirement stated in the application have been or will be complied with, the County shall issue a permit. The permit shall at all times permit law enforcement officers and agents and officers of the County to enter upon the premises upon which the assembly is to be, or is being, conducted.

6. No permittee shall sell tickets to, nor permit to assemble, more than the number of persons stated in the permit.

7. The permit may be revoked at any time if any of the conditions of the approval report or permit are not performed or complied with, or cease to be performed or complied with. The county shall forthwith upon revocation serve upon the permittee has failed to comply; upon satisfactory proof of compliance, the County Board, may, in its discretion, reinstate said permit.

8. If the permit shall be denied or revoked, the applicant and all persons under the applicant’s direction and control shall forthwith cease and desist from all acts for the promotion, advertisement, organization, and operation of the assembly, and shall do all things necessary to advise persons who may intend to assemble of the refusal or revocation of permit, and shall do all things necessary to disperse persons who may have assembled upon the premises

9. In considering applications for permit, the county board shall consider the character of the applicant, the nature of the assembly, the place thereof, the length of time during which it is to be conducted, and the adequacy of facilities for the protection of the public peace, health, safety, and welfare to be provided on the premises and in the area of the assembly, and plans to secure compliance with the conditions of the permit.

10. This ordinance shall not require a permit for assembly at an established and permanent stadium, auditorium, arena or place of worship where the reasonably anticipated assembly does not exceed the maximum seating capacity of the structure by more than 250 persons. The County Board of Commissioners may waive any of the requirements of subdivision 3 of this ordinance for applications from a City proposing to conduct a community festival.

11. Any person, firm, corporation or association violating or failing to comply with the provisions of this ordinance shall be guilty of a misdemeanor. The County Attorney may institute in the name of the county any appropriate actions or proceedings for the enforcement of this ordinance and the conditions of permits issued pursuant to it. The promotion, conduct, operation or maintenance of an assembly in violation of this ordinance or any permit issued pursuant to it is hereby declared a public nuisance.

12. If any section or part of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions.

13. This ordinance shall become effective upon its adoption and publication according to law.

THIS ORDINANCE IS HEREBY ADOPTED BY THE BOARD OF COMMISIONERS OF THE LAKE OF THE WOODS COUNTY THIS 26^th  DAY OF NOVEMBER, 2024.

Lodging Tax Resolution

Resolution

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

Resolution No. 24-11-05

RESOLUTION OF THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS ADOPTING  AN ORDINANCE AMENDING ORDINANCE NO. 20-10-04 ADOPTED ON THE 13^TH DAY OF 2020, AND TITLED “AN ORDINANCE IMPOSING A TAX ON LODGING AND REPEALING IN ITS ENTIRETY ORDINANCE NO. 06-03-03”

WHEREAS, The Minnesota Senate approved Finance HF Bill 1938 (“Special Law”) authorizing a special Lake of the Woods County lodging tax. On May 24^rd, 2023, Governor Walz approved the Special Law and it was filed with the Minnesota Secretary of State on May 24, 2023. The Lake of the Woods County Board of Commissioners by Resolution dated October 24, 2023 approved and accepted said Special Law; and

WHEREAS, Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of law, ordinance, or city charter, and subject to the limitation in paragraph (b),  the Special Law authorizes the Board of Commissioners of Lake of the Woods County to impose, by ordinance, a tax of up to 3% on gross receipts in Lake of the Woods County subject to the lodging tax provisions under Minnesota Statutes Section 469.190; and

WHEREAS, public hearing was held on October 22, 2024 to consider an amendment to the existing Lake of Woods County Lodging Tax; and

WHEREAS, following said public hearing, the Lake of the Woods County Board of Commissioners, approved by motion the amendment to the Lodging Tax Ordinance; and 

WHEREAS, the Lake of the Woods County Board of Commissioners desire to confirm the adoption of said Amended Lodging Tax Ordinance by Resolution.

NOW, THEREFORE, BE IT RESOLVED that the County Board of Lake of the Woods County hereby ordains:

There is hereby created Lake of the Woods County Ordinance No. 24-10-09, which shall be included as follows:

AN ORDINANCE AMENDING ORDINANCE NO. 20-10-04 ADOPTED ON THE 13^TH  DAY OF 2020, AND TITLED “AN ORDINANCE IMPOSING A TAX ON LODGING AND REPEALING IN ITS ENTIRETY ORDINANCE NO. 06-03-03” 

This amended ordinance becomes effective from and after its passage and publication. The Board of Commissioners of the County of Lake of the Woods, ordains: 

That the following sections are hereby amended:

Section 1 Authority and Purpose

Subd 1.  Authority. 

1. The Minnesota Senate approved Finance HF Bill 1938 (“Special Law”) authorizing a special Lake of the Woods County lodging tax. On May 24^rd, 2023, Governor Walz approved the Special Law and it was filed with the Minnesota Secretary of State on May 24, 2023. The Lake of the Woods County Board of Commissioners by Resolution dated October 24, 2023 approved and accepted said Special Law. Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of law, ordinance, or city charter, and subject to the limitation in paragraph (b),  the Special Law authorizes the Board of Commissioners of Lake of the Woods County to impose, by ordinance, a tax of up to 3% on gross receipts in Lake of the Woods County subject to the lodging tax provisions under Minnesota Statutes Section 469.190.

2. The provisions of paragraph (a) do not apply to any statutory or home rule city or town located in Lake of the Woods County that imposes a lodging tax under Minnesota Statutes Section 469.109, or the City of Baudette. The total tax imposed under Minnesota Statutes Section 469.190 and this section must not exceed 3%.

3.  To the extent not inconsistent with Minnesota Statutes Section 469.190, this section is governed by Minnesota Statutes Section 469.190.

Section 2 Definitions

Subd. 4. State sales and use tax laws and rules.  “State sales and use tax laws and rules” means those provisions of the state revenue laws applicable to state sales and use tax imposition, administration, collection, and enforcement, including Minnesota Statutes, chapters 270C, 289A, 297A, 469A, and Minnesota Rules, chapter 8130, as amended from time to time and Special Law (“HF 1938).

Section. 3.  Local lodging tax imposed; amount of tax; coordination with state sales and use tax laws and rules.  A local lodging tax is imposed in the amount of  up to three percent (3%) on the gross receipts from sales of lodging and related services, as defined in section 2, subdivision 3 of this Ordinance, sourced within County limits, excluding any statutory or home rule city or town located in Lake of the Woods County that imposes a lodging tax under Minnesota Statutes section 469.190, or the City of Baudette,  which are taxable under the state sales and use tax laws and rules.  All of the provisions of the state sales and use tax laws and rules apply to the local lodging tax imposed by this Ordinance.  The local lodging tax imposed by this Ordinance shall be collected and remitted to the Commissioner by the accommodations intermediary and the accommodations provider on any sale when the state sales tax must be collected and remitted to the Commissioner under the state sales and use tax laws and rules and in the same manner, and is in addition to the state sales and use tax.  

Section 5. Use of proceeds.  

Subd. 1. All of the revenues, interest, and penalties derived from the lodging tax imposed by this Ordinance collected by the Commissioner and remitted to the County shall be deposited by the County Auditor in the County treasury and must be used to fund a new Lake of the Woods County Event and Visitors Bureau, as established by the Board of Commissioners of Lake of the Woods County. The Board of Commissioners must annually review the budget of the Event and Visitors Bureau. The Event and Visitors Bureau may receive revenues raised from the taxes imposed under the section only upon annual approval by the Board of Commissioners of the Event and Visitors Bureau.      

Subd. 2. In accordance with Minnesota Statutes section 469.190, subdivision 3, After the amount charged by the State for collection of the tax, ninety-five percent (95%) of the gross proceeds, derived from the lodging tax imposed by this Ordinance collected by the Commissioner and remitted to the County shall be deposited by the County Auditor in the County treasury and shall be credited to the fund established to pay the costs of collecting the lodging tax imposed by this Ordinance and to fund   the Event and Visitors Bureau as set forth in Subd. 1 of this section.

Section 8. Amendment.  All portions of  Ordinance No. 20-10-04 of the County of Lake of the Woods duly enacted on October 13, 2024 inconsistent with this Ordinance are hereby repealed.  

Section 9. Full Force and Effect:  All other provisions of Ordinance No. 20-10-04 not amended shall remain in full force and effect.

Section  10. Effective Date. This Ordinance shall take effect on the first day of publication after adoption and the tax imposed hereunder shall be effective as of the date of the enactment of the Special Law.

Con-Con Fund Application Review

Motion

Motion was made by Commissioner Joe Grund, Seconded by Commissioner Jon Waibel and carried unanimously to make allocations to the following organizations from the Con-Con funds, Payable 2025:

Lake of the Woods County Development Year 2025

Baudette Arena Assoc-$7,500.00; Williams Arena Assoc-$7,000.00; Baudette Community Foundation-Grand Theater-$10,000.00; Friends Against Abuse-$2,500.00; LOW Historical Society-$4,500.00; LOW Humane Society-$7,500.00; Williams Sr Center-$4,000.00; Williams Potato Day-$1,000.00; Joint Powers Natural Resources Board-$1,000.00; LOW School Trap Team-$3,000.00; LOW Sr Fishing-$1,500.00; Take A Kid Fishing-$2,000.00; Remonumentation-$16,000.00; Auditing Fees-$1,000.00; Rinke Noonan/Drainage-$2,400.00; Scouting America Troop 62-$1,000.00; Scouting America Pack 4062-$1,000.00; Lake of the Woods Senior Citizens Council-$5,000.00.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to adjourn the meeting at 10:40 a.m.

Attest: December 17, 2024

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

November 12, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, November 12, 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, Buck Nordlof and Joe Grund. Also present was County Auditor-Treasurer Lorene Hanson. Absent: Commissioner Ed Arnesen.

APPROVAL OF AGENDA

Motion

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

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 October 22, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $16,470.74; Commissioners Warrants $5,209.89; Commissioners Warrants $20,796.70.

PRTF Resolution

Resolution

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

Resolution in support of a psychiatric residential 

treatment facility in clay county

Resolution No. 2024-11-01

WHEREAS, there is inadequate capacity across Minnesota’s continuum of care to support children with high-acuity, complex, and/or co-occurring conditions, including violent or sexually inappropriate behavior and significant physical health challenges; and

WHEREAS, Psychiatric Residential Treatment Facilities (PRTF) play a critical role in serving children and youth under the age of 21 with severe mental health needs and aggression, as part of this continuum; and

WHEREAS, currently only four PRTF facilities are operational in Minnesota, offering a total of 166 beds, which is insufficient to meet the growing needs of children with serious and complex mental health conditions; and

WHEREAS, the demand for additional PRTF beds across Minnesota is urgent to ensure children receive timely and appropriate care; and

WHEREAS, equitable distribution of PRTF beds throughout the state is essential to provide children with proximity to their home communities, families, and local service providers; and

WHEREAS, Clay County is committed to addressing this critical gap in mental health services by establishing a PRTF in partnership with a qualified service provider for the delivery of these essential services; and

WHEREAS, Clay County seeks bond proceeds funds from the commissioner of human services for a grant to Clay County to predesign, design, and remodel of the West Central Regional Juvenile Center non-secure unit into an 18-bed psychiatric residential treatment facility and address the predesign, design, construct, furnish, and equip of a non-secure unit within Clay County to replace the existing facility that will become a psychiatric residential treatment facility.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners via this Resolution, supports Clay County to request Minnesota state funds for infrastructure development for a Psychiatric Residential Treatment Facility in Clay County, ensuring access to specialized care for children with complex mental health needs across the region.

Cell Phone Stipend Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve a cell phone stipend for Office Support Specialist Val Canfield in the amount of $60.00 per month effective December 1, 2024.

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 $81,434.51; Road & Bridge $18,166.40; County Development $200.00; Natl Resc Enhanc $2,352.00; Joint Ditch $600.00; Solid Waste $16,033.29.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/12/2024 For Payment 11/15/2024

Vendor Name Amount

Co-Op Services, Inc. 3,592.84 

Farmers Union Oil Co. 2,665.65 

Hoffman, Philipp & Martell, PLLC 2,825.00 

Howard’s Oil Company 4,673.23

Larkin Hoffman Attorneys           16,390.00 

Law Offices Of Patrick D. Moren 9,146.13 

Marco Technologies LLC 4,933.44 

Olson Construction Bdt LLC 21,720.00 

Pomp’s Tire-Thief River Falls 4,638.14 

Quadient Finance USA Inc. 2,000.00 

R & Q Trucking, Inc 6,264.00 

WIDSETH & ASSOC., INC. 4,537.50 

83 Payments less than 2000 35,400.27

Final Total: 118,786.20

Further moved to authorize the payment of the following auditor warrants: October 23, 2024 for $360,380.64; October 30, 2024 for $13,441.20; November 1, 2024 for $361,439.08; November 6, 2024 for $13,647.88.

Approval of Insurance Rates

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve a $75.00 health insurance single and family cap increase for 2025.

Cigarette License Application Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the cigarette license application for Northdale Oil, Inc.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session to review revenue and expenditure guidelines for December 17, 2024 following the regular board meeting.

Rinke Noonan Hourly Rates

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2025 hourly rates for Rinke Noonan.

Human Resources

HEO Counteroffer

Human Resources Director Savanna Slick informed the board that they had offered the Heavy Equipment Operator position to an applicant and received a counteroffer of Grade 12, Step 9. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to counteroffer with Grade 12, Step 6, at 26.69 per hour.

Permission to Hire-Heavy Equipment Operator NWA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to hire Richard McKeever as Heavy Equipment Operator at the Northwest Angle at Grade 12, Step 1, 274 points at $24.12 per hour effective November 18, 2024.

County Attorney

Letter of Acceptance

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a formal letter of acceptance for the City of Baudette’s withdrawal from the Tourism Bureau and for Chair Cody Hasbargen to sign the same.

Department of Corrections 

CY25 Proposed Probation Budget

District Supervisor Janelle Cheney reviewed the CY25 Proposed Budget and the Department of Corrections Comprehensive plan.

Motion

Motion was made by Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the CY25 Proposed Probation Budget.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the Department of Corrections Comprehensive Plan effective July 2024.

Public Works

Updates

Assistant Engineer Boyd Johnson gave an update on various projects.

Solid Waste Assessment Fee Increase 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof to approve the increase of solid waste fees from $130.00 to $150.00 per unit for taxes payable 2025 with the exception of railroads and utilities which will remain at $130.00.

Permission to Bid-Landfill Cap

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to bid for the landfill cap.

Capping Williams School Well

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the request to cap the well at the Williams school.

Recognition of Years of Service

Resolution

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

Recognition of years of service

Michael Graves

Resolution No. 2024-11-03

WHEREAS: Michael Graves has served Lake of the Woods County as the Northwest Angle Heavy Equipment Operator since October 30, 2017;

WHEREAS: Michael will retire from Lake of the Woods County effective November 15, 2024 with seven years of service;

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

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

Closed Session

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-11-02

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on November 12^th , 2024 at 9:55 a.m. to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

2. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.  

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.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the union contract with the Local 49ers for the years 2025,2026, and 2027 for the Highway and Solid Waste departments.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the licensed union contract with Law Enforcement Labor Services Inc for the years 2025,2026, and 2027.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the non-licensed union contract with Law Enforcement Labor Services Inc for the years 2025 and 2026.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to follow the Local 49ers salary compensation plan for non-union employees for the years 2025, 2026, and 2027.

Adjourn

Motion

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

Attest: November 26, 2024

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

November 28, 2023

The Lake of The Woods County Board of Commissioners met in regular session on November 28, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously approve the agenda with the following changes: Add: Snowmobile Grant-in-Aid, Snowmobile Grant, ATV Grant, Department of Health Grant, 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 November 14, 2023.

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 Warrants $8,862.28; Commissioners Warrants $3,940.50; Commissioners Warrants $9,972.59.

Approval of AMHI Joint Powers Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Region 2 Adult Mental Health Initiative Joint Powers Agreement between the following counties: Beltrami, Clearwater, Hubbard, and Lake of the Woods.

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 $128,500.14; Road & Bridge $25,165.55; County Development $200.00; Natl Resc Enhanc $406.00; Solid Waste $28,835.66. 

WARRANTS FOR PUBLICATION

Warrants Approved On 11/28/2023 For Payment 11/30/2023

Vendor Name Amount

AMI Consulting Engineers P.A. 21,500.00

Axon Enterprise,Inc 35,000.00

Counties Providing Technology 4,204.00

Farmers Union Oil Co. 5,031.14

Forum Communications Printing 2,102.51

Integris LLC 2,161.66

Interstate Billing Service Inc 2,894.15

K-Log, Inc 9,889.83

Koochiching Co Treasurer 2,500.00

Larkin Hoffman Attorneys 16,885.00

Marco Technologies LLC 2,378.44

Mn Dept Of Transp 9,127.83

North East Technical Service,Inc 18,910.05

Pomp’s Tire-Thief River Falls 2,308.80

State Of Minnesota 16,000.00

U.S. Bank Equipment Finance 6,268.50

Verus Corporation 5,100.00

Voyageurs Communications, Inc 2,045.03

29 Payments less than2000 18,800.41

Final Total: 183,107.35

Further moved to authorize the payment of the following auditor warrants: November 21, 2023 for $2,050,825.69.

Approve Rinke Noonan Rates

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024 rates for services from Rinke Noonan.

Approval of Snowmobile Grant-in-Aid 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the FY 2024 Snowmobile Grant-in-Aid for LOW Drifters/Big Traverse and NW Angle EdgeRiders in the amount of $173,419.54 and for County Auditor-Treasurer Lorene Hanson to sign the same.

Approve Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Affidavit of Lost Warrant #99367 in the amount of $81.79.

Museum Update

Lake of the Woods County Historical Society Executive Director Lindsay Marshall informed the board that she has accepted a position in another county effective December 13, 2023 and gave an update on various projects at the museum.

Public Works

Update

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

Add to Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to add Permission to bid for SAP 039 559 004 and SAP 039 559 005.

Permission to Bid

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to bid for projects SAP 039 559 004 and SAP 039 559 005 to replace two wooden bridges.

LRIP Support Resolution

Resolution

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

LOCAL ROAD IMPROVEMENT PROGRAM

LAKE OF THE WOODS COUNTY SPONSORING AGENCY

For Eighth Ave South East, City of Baudette Project

Resolution No. 2023-11-03

WHEREAS, the City of Baudette is applying to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement for Project- Eighth Ave South East;

BE IT RESOLVED, that Lake of the Woods County agrees to act as the sponsoring agency for the project identified as Eighth Ave South East, seeking Local Road Improvement Program funding and has reviewed and approved the project as proposed. Sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of applicable laws, rules and regulations; and,

BE IT FURTHER RESOLVED, that Lake of the Woods County hereby authorizes County Engineer, Anthony Pirkl to act as agent on behalf of this sponsoring agency.

Transfer Vehicle to the Assessor’s office

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to transfer a 2018 Chevy Silverado from Public Works to the Assessor’s Office.

MIS Update

Systems Administrator John Butenhoff gave an update on the recent shutdown and the implementation of updated security features.

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 MIS following the regular board meeting on December 12, 2023.

Hoffman, Philipp, & Martell, PLLC

Audit Exit Review

Colleen Hoffman from Hoffman, Philipp, & Martell, PLLC  provided an audit exit review to the County Board of Commissioners.

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to add Set Work Session for Tourism to the agenda.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session for tourism on December 13, 2023 at 9:00a.m.

Feedlot Plan Approval

County Feedlot Officer Mike Hirst from SWCD presented the 2024-2025 Minnesota Pollution Control Agency County Feedlot Program Delegation Agreement Work Plan to the County Board of Commissioners.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024-2025 Feedlot Plan.

Sheriff

Department of Health Grant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Department of Health grant in the amount of $68,300.00 for plumbing in the jail.

Approval of ATV Grant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024-2025 two-year ATV grant in the amount of $18,130.00 and for Vice-Chair Cody Hasbargen to sign the same.

Approval of Snowmobile Grant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024-2025 two-year Snowmobile grant in the amount of $7,070.00 and for Vice-Chair Cody Hasbargen to sign the same.

Con-Con Fund Application Review

Lake of the Woods County Development Year 2024

Baudette Arena Assoc-$6,000.00; Williams Arena Assoc-$7,000.00; Baudette Community Foundation-Grand Theater-$10,000.00; Friends Against Abuse-$2,500.00; LOW Historical Society-$2,300.00; LOW Humane Society-$7,500.00; Williams Sr Center-$4,000.00; Williams Potato Day-$1,000.00; Williams Public Library-$1,200; Joint Powers Natural Resources Board-$1,000.00; LOW County Fair Association 2023 Taxes-$286.00;LOW School Trap Team-$3,000.00; LOW Sr Fishing-$1,500.00; Take A Kid Fishing-$2,000.00; Widseth Smith Nolting-$16,000.00; Auditing Fees-$1,000.00; Beaver Control-$2,500.00; Drainage-$5,000.00.

Motion

Motion was made by Commissioner Joe Grund, Seconded by Commissioner Jon Waibel and carried unanimously to make allocations to the above organizations from the Con-Con funds, Payable 2024.

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 10:50a.m.

Attest: December 12, 2023

______________________________ _________________________________

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

November 14, 2023

The Lake of The Woods County Board of Commissioners met in regular session on November 14, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Commissioner Jon Waibel called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Jon Waibel, and Joe Grund. Attending by Phone: Commissioners: Ed Arnesen, and Cody Hasbargen 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 Ed Arnesen and carried unanimously by roll call to approve the agenda with the following changes: Add: Rainy River Liquor License, Cigarette License, Cost Allocation Plan, and  Lakewood Nursing Contract.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the official minutes of October 24, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the following claims: Commissioners Warrants $24,781.09; Commissioners Warrants $2,200.55; Commissioners Warrants $10,468.98.

Home Health Task Force

Social Services director Amy Ballard gave an update on the Lake of the Woods County Home Health Task Force.

Closed Session-Attorney Client Privilege

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and the same being put to a vote was unanimously carried. 

RESOLUTION CLOSING BOARD MEETING

Resolution NO. 23-11-01 

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 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, certain parties to the Agreement, namely, Northern Conservation L.L.C. and Cliffs Mining Company (jointly “Cliffs”) 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  pending 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 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

2. 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 to Close/Open

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to close the closed session and open the regular board meeting

Land & Water

Consideration of Conditional Use Permit Application #23-18CU by J&T Ferguson, LLC

Northeast Quarter of the Southwest Quarter (NE1/4SW1/4), West of Bostic Creek, Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID# 19.21.31.000. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods and to move more than 50 cubic yards of material outside the shore impact zone of Lake of the Woods for the construction of a dike to protect the property from flooding. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the following Findings of Fact/Conditional Use Permit #23-18CU by J&T Ferguson, LLC as presented to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods and to move more than 50 cubic yards of material outside the shore impact zone of Lake of the Woods for the construction of a dike to protect the property from flooding.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  J&T Ferguson, LLC Date:  November 14, 2023

Location/Legal Description:  Northeast Quarter of the Southwest Quarter (NE¼SW¼), West of Bostic Creek, Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.21.31.000.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods and to move more than 50 cubic yards of material outside the shore impact zone of Lake of the Woods for the construction of a dike to protect the property from flooding. Lake of the Woods is a General Development Lake.

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

Why or why not?  Shoreland protection.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Dike construction did and will protect private infrastructure such as water supply and septic systems.

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 (X)

Why or why not?  Dike construction did and will protect private infrastructure from contamination.

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?  It will not adversely affect the property. The dike construction will protect the property from future high-water events.

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

Why or why not?  The property location is within the floodplain; therefore, the dike construction has to be within the floodplain area.

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

Why or why not?  Proper erosion control methods, both temporary and permanent, have been implemented.

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

Why or why not?  The project has no relationship with existing and proposed roads.

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

Why or why not?  The project has no relationship to adjacent land uses. 

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

Why or why not?  Lake of the Woods, Bostic Bay.

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?  The project will not generate liquid waste. 

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?  No structures are part of this project. 

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

Why or why not?  The project will protect the current septic systems and water supply.

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?  The project has no relationship with public waters and water craft use.

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?  The project does not include storage tanks.

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?  This project will have no buffer as it is not needed.

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?  No signs are associated with this project. 

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?  No additional traffic is associated with this project. 

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: _________________________________________________________

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

November 14, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Recess

A brief recess took place at 10:20a.m. and reconvened at 10:25a.m.

Human Resources

Permission to Hire Social Services Intern

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the request to hire Lily Smith as an Intern for Social Services at Grade 7, Step 1, $18.11 per hour at 200 points.

Permission to Advertise, Interview, & Hire

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the request to advertise, interview, & hire for the part-time dispatch position at Grade 11, Step 1, $22.28 per hour at 253 points.

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to add Donation of Sick Leave to the agenda.

Donation of Sick Leave

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve Brock Stebakken to donate 80 hours of sick leave to Sheri Stebakken at her rate of pay.

Northwest Community Action

Executive Director Sharon Millner gave an update that included a maintenance repair grant and fuel assistance.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the claims against the County as follows: Revenue $91,486.67; Road & Bridge $135,701.36; County Development $2,600.00; Solid Waste $38,948.98; Joint Ditch $1,333.15; EDA $1,214.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 11/14/2023 For Payment 11/21/2023

Vendor Name Amount

Barr Engineering Co. 3,973.00

Cenex Co-Op Services, Inc. 16,977.85

DSC Communications 10,777.20

Erickson Engineering Company, LLC 6,427.00

Hoffman, Philipp & Martell, PLLC 9,890.00

Howard’s Oil Company 6,572.23

Interstate Billing Service Inc 2,475.37

John Deere Financial 2,858.41

KGM Contractors Inc 47,000.00

Lake Superior College 2,200.00

LOW Highway Dept 8,677.15

Mar-Kit Landfill 13,630.75

Marco Technologies LLC 4,136.36

Moren/Law Offices Of Patrick D 8,882.20

Naylor Heating & Refrigeration LLC 6,884.85

Pennington County Sheriff Office 21,253.26

Pomp’s Tire-Thief River Falls 20,804.11

R & Q Trucking, Inc 4,277.00

Verus Corporation 9,175.00

Wex Bank 2,585.45

WIDSETH SMITH NOLTING & ASSOC., INC. 12,887.50

Woody’s Service 2,158.41

Ziegler, Inc 13,970.69

61 Payments less than 2000 32,810.93

Final Total: 271,284.72

Further moved to authorize the payment of the following auditor warrants: October 25, 2023 for $421,147.52; November 1, 2023 for $403,434.22.

Approve 2024 Appropriation Grant

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and the same being put to a vote was unanimously carried.

SFY 2024 Special Appropriation Grant

Resolution NO. 23-11-02

BE IT RESOLVED that Lake of the Woods County (Applicant) act as the legal sponsor for projects contained in this Application to be submitted on October 30, 2023 and that County Board of Commissioners Chair (Title of the First Authorized Official) and County Auditor-Treasurer (Title of Second Authorized Official) are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of Lake of the Woods County (Applicant).

BE IT FURTHER RESOLVED that Lake of the Woods County (Applicant) has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure accomplishment of the program goals, provide proposed deliverables and successfully manage all aspects of this grant, including timely reporting.

BE IT FURTHER RESOLVED that Lake of the Woods County (Applicant) has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful corrupt practice, and that the Applicant is currently in good standing with the principles of the grant management as established by the Office of Grant Management, Minnesota Management and Budget.

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

NOW, THEREFORE BE IT RESOLVED that County Board of Commissioners Chair (Title of First Authorized Official) and County Auditor-Treasurer (Second Authorized Official), or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant.

Lakewood Nursing Services Agreement 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the 2024 Lakewood Nursing Services Agreement and for Chair Ed Arnesen to sign the same. 

Cost Allocation

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve Auditor-Treasurer Lorene Hanson to sign the certificate of cost allocation plan.

Liquor License- Rainy River Resort

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the Rainy River Resort Liquor License application through June of 2024.

Cigarette License-Midwest Dabbin Cabin by Matthew Winskowski

A motion was offered by Commissioner Joe Grund to approve the cigarette license for Midwest Dabbin Cabin. The motion died for lack of a second. It was the consensus of the board to review this request at a later time upon further research.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various highway projects.

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to add Bid Awards, Final payment, and Permission to Hire Seasonal Employee to the agenda. 

Auction Bid Awards

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the bid awards from the public works auction.

Approve final payment SAP 039-622-008 KGM

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the final payment of SAP 039-622-008 for KGM Contractors, Inc. of Angora, MN in the total amount of $1,502,012.61 and hereby authorize final payment of $88,638.70.

Permission to Hire Seasonal Employee

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the request to hire Todd Fadness as a Seasonal Snow Plow Operator at $30.00 per hour with no benefits.

MIS

Firewall Purchase

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Habargen and carried unanimously to approve the firewall purchase in the amount of $9,175.00 with Versus Corp.

Approve Painting Quote

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the quote from Northwoods Painter in the amount of $27,920.00 to paint the interior of the courthouse building.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to adjourn the meeting at 11:00a.m.

Attest: November 28, 2023

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Commissioner Jon Waibel

November 29,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, November 29, 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, Cody Hasbargen, and with Ed Arnesen joining by phone. Also present was County Auditor/Treasurer Lorene Hanson. Absent was: Commissioner Jon Waibel.

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 Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the minutes from November 15, 2022.

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 $4,225.01; Commissioners Warrants $3,935.48; Commissioners Warrants $18,129.92.

Joining the Meeting

Commissioner Jon Waibel joined the meeting at 9:10 a.m.

Auditor/Treasurer

Claims

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 $18,846.51; Road & Bridge $28,998.82; County Development $380.00; Solid Waste $19,696.26. 

WARRANTS FOR PUBLICATION

Warrants Approved On 11/29/2022 For Payment 11/30/2022

Vendor Name Amount

Baudette/City Of 6,000.00

Election Systems & Software, Inc 2,961.72

Gilson Co, Inc. 9,307.81

Integris LLC 4,550.00

Koochiching Co Treasurer 2,500.00

North East Technical Service,Inc 13,177.76

Pb Distributing Inc 3,066.40

Quadient Finance USA Inc. 2,000.00

Titan Machinery – Roseau 3,334.28

U.S. Bank Equipment Finance 6,268.50

33 Payments less than 2000 14,755.12

Final Total: 67,921.59

Further moved to authorize the payment of the following auditor warrants: November 16, 2022 for $22,737.03; November 18, 2022 for $130.00; November 23, 2022 for $964,529.97.

Auditors Contract Renewal

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the renewal of the Auditor/Treasurer contract and for Chair Buck Nordlof to sign the same.

AIRMED Guardian Flight Contract Renewal

Motion

Motion was made by Commissioner Joe Grund, seconded by Jon Waibel and carried unanimously to approve the renewal of the AirMed Contract Agreement for 2023 and for Chair Buck Nordlof to sign the same.

Community Health Services Joint Powers Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the renewal of the joint powers agreement for Community Health Services between Lake of the Woods County and Lakewood Health Center and for County Board Chair Buck Nordlof and County Auditor/Treasurer Lorene Hanson to sign the same. 

Snowmobile Grant-in-Aid Program

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to authorize FY 2023 Maintenance and Grooming Grants with the State of Minnesota Department of Natural Resources Snowmobile Grant-in-Aid Program for Northwest Angle Edgeriders in the amount of $177,931.27 and authorize Chair Buck Nordlof and County Auditor/Treasurer Lorene Hanson to sign the same. 

Public Works

Highway

Permission to Bid Project SAP 039-598-071

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to advertise for bids for project SAP 039-598-071.

Vehicle Purchase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of the following three vehicles: 2022 Dodge Ram Crew 2500 for $60,409.00; 2022 Dodge Ram 1500 for $46,369.00; 2022 Dodge Ram 1500 for $43,406.00.

Roseau County Engineer Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the contract agreement between Lake of the Woods County and Roseau County for the purpose of providing engineering services to Roseau County while there remains a vacancy in the County Highway Engineering position. Lake of the Woods County Highway Department will bill Roseau County at a rate of $10,000.00 per month for providing these services.

Solid Waste

MPCA Permit Meeting

County Engineer Anthony Pirkl informed the board that there will be a MPCA permit meeting tentatively set for December 21, 2022.

Land & Water

Consideration of a Suspension/Revocation of CUP

Land & Water Director Josh Stromlund informed the board of a violation of terms to a conditional use permit and requested the board consider a suspension, amendment to, or a grace period to comply with the terms. It was the consensus of the board to have a letter sent to the land owner to have a compliance inspection done by December 13,2022 or provide pictures of as built by December 13, 2022 and will review at the next board meeting.

Correspondence

The board reviewed correspondence from Rinke Noonan and Dollars for Scholars.  

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 9:55 a.m.

Attest: December 13, 2022

______________________________ _________________________________

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

COMMISSIONER PROCEEDINGS

November 15,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, November 15, 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, Jon Waibel, and Cody Hasbargen. Also present was County Auditor/Treasurer Lorene Hanson. Absent was: Commissioner Ed Arnesen

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Land Lease, Permission to Advertise, Interview, & Hire HEO, Permission to Hire Engineering Technician I. 

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from October 25, 2022.

Social Services

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $27,463.04; Commissioners Warrants $5,627.47; Commissioners Warrants $18,291.68.

Auditor/Treasurer

Claims

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $64,129.92; Road & Bridge $40,180.80; County Development $3,355.00; Joint Ditch $1,050.00; Solid Waste $33,421.51; EDA $67,469.25.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/15/2022 For Payment 11/18/2022

Vendor Name Amount

ARRO of the North, LLC 2,200.00

Baudette/City Of 4,919.00

Cenex Co-Op Services, Inc. 19,744.26

DSC Communications 2,158.00

Government Management Group, Inc 3,750.00

Hoffman, Philipp & Martell, PLLC 8,325.00

Howard’s Oil Company 7,514.38

Integris LLC 12,027.36

Liberty Tire Recycling, LLC 4,120.00

LOW County Auditor-Treasurer 60,000.00

LOW Highway Dept 2,867.50

Mar-Kit Landfill 13,451.50

Motorola Solutions, Inc 6,594.50

Msop-Mn Sex Offender Prgrm-462 2,616.90

Nordlof/Tanner 4,028.80

Northern Light Region 3,391.00

Powerplan 2,679.00

R & Q Trucking, Inc 3,055.00

Royal Tire Inc 5,154.83

SeaChange Print Innovations 2,127.34

Tyler Technologies, Inc 4,312.50

84 Payments less than 2000 34,569.61

Final Total: 209,606.48

Further moved to authorize the payment of the following auditor warrants: October 26, 2022 for $381,751.95; November 2, 2022 for $466,268.61; November 7, 2022 for $401,365.75; November 9,2022 for $51,649.28.

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session with Koochiching County for November 29, 2022 at 11:00 a.m. at the Koochiching County Courthouse in International Falls, MN. 

Lake of the Woods Food Shelf

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve a donation of $1200.00 to the Lake of the Woods Food Shelf for the purchase of a new freezer to be paid for out of the American Rescue Plan (ARP) funds.

Rainy River Resort Liquor License

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the application for a liquor license from Rainy River Resort. 

Land Lease

The board discussed approximately 13 acres of land that is owned by the county.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to advertise for bids for the 13 acres of county owned land for a minimum of $30.00 per acre on parcel #18.2342.000.

Approval of Bid 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to accept the RFP from RB Farms Garrett Ravndalen for the agriculture land lease at $30.00 per acre for the following parcels: 14.2800.109, 14.2700.009, and 14.2200.009.

Public Works

Highway

Final SAP 039-599-001

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment for project SAP 039-599-001for Gladen Construction, Inc. of Laporte, MN in the total amount of $158,528.00 and hereby authorize final payment of $7,926.40.

Todd F. Retirement

County Engineer Anthony Pirkl informed the board that Todd Fadness will be retiring on December 23, 2022 after 40 years with the county.

Permission to Advertise, Interview, & Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve to advertise, interview, & hire for a heavy equipment operator. 

FEMA

County Engineer Anthony Pirkl gave an update on a meeting with FEMA. He informed the board that FEMA was very impressed with how organized the county is and we should be able to get reimbursements. 

Permission to Hire 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to hire Dylan Hancharyk as Engineering Technician/Inspector I at Grade 10, Step 1, $20.59 per hour at 234 points. 

Solid Waste

County Engineer Anthony Pirkl gave an update on various topics that included: PFAS testing, MPCA surprise inspection, and the Tub Grinder sale. The MPCA inspection went very well and the landfill passed. There will be more updates to come on PFAS testing and the Tub Grinder Sale. 

Sheriff

Government Center North 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve an amount up to $25,000 to purchase equipment for the interview and conference rooms at the Government Center North building. 

Land & Water

Land & Water Director Josh Stromlund presented the following CUPs for board approval:

Consideration of Conditional Use Permit #22-14CU by Blue Line Consulting, LLC

The NW¼NW¼, Section Nine (9), Township One hundred Sixty-two (162) North, Range Thirty-four (34) West – Parcel ID # 17.09.22.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a Short-Term Vacation Rental in a Rural Residential Development (R2) Zoning District

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve Conditional Use Permit #22-14CU/Findings of Fact by Blue Line Consulting, LLC to operate a Short-Term Vacation Rental in a Rural Residential Development (R2) Zoning District with the following conditions:

1. The Conditional Use Permit Terminates on transfer of property.
2. Quiet time from 10:00 p.m. to 5:00 a.m.
3. Must post local contact information
4. Must meet Minnesota Department of Health Regulations

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Blue Line Consulting, LLC (David Hahn) Date:  November 15, 2022

Location/Legal Description:  NW¼NW¼, Section 9, T. 162N, R. 34W – Parcel ID # 17.09.22.000

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a Short-Term Vacation Rental in a Rural Residential Development (R2) Zoning District.

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )
   1. Why or why not? Rural Residential development.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
   1. YES (  )  NO (  )  N/A (X)
   2. Why or why not? ____________________________________________________________________
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A (X)
   1. 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)
   1. 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)
   1. 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)
   1. Why or why not? ____________________________________________________________________
7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  )
   1. Why or why not? Access via 44^th Street NW.
8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  )
   1. Why or why not? Rural residential.
9. Does the project proposal have a reasonable need to be in a shoreland location?
   1. YES (  )  NO (  )  N/A (X)
   2. 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 (  )
    1. Why or why not? Sized for a 5-bedroom dwelling.
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)
    1. Why or why not? ____________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES (X)  NO (  )  N/A (  )
    1. Why or why not? Private well and septic.
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)
    1. 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)
    1. Why or why not? ____________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
    1. YES (  )  NO (  )  N/A (X)
    2. Why or why not? Not necessary.
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? 
    1. YES (  )  NO (  )  N/A (X)
    2. Why or why not? Not planned or needed.
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 (  )
    1. Why or why not?  On-site parking.

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

The specific conditions of approval are as follows:

1. The Conditional Use Permit terminates upon sale or transfer of the property.
2. Quiet time from 10:00 p.m. to 5:00 a.m.
3. Must post local contact information in the dwelling.
4. Must meet Minnesota Department of Health regulations.

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

November 15, 2022 _____________________________________

Date James Nordlof

Chair, County Board

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

Consideration of Conditional Use Permit #22-15CU by Dale and Connie Peterson  

A tract in the Northeast Corner of Government Lot 3, Section Five (5), Township One hundred Sixty-three (163) North, Range Thirty-four (34) West – Parcel ID # 14.05.31.010. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to construct an inland harbor connected to Lake of the Woods and to cumulatively move more than the allowed amounts of material within and outside of the shore impact zone. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve Conditional Use Permit #22-15CU/Findings of Fact by Dale and Connie Peterson to construct an inland harbor connected to Lake of the Woods and to cumulatively move more than the allowed amounts of material within and outside of the shore impact zone with the following conditions:

1. Follow the permitted harbor design approved by the agencies
2. The cumulative movement of material is allowed for dike construction and rock rip rap to protect property from high-water and/or flooding.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Dale and Connie Peterson Date:  November 15, 2022

Location/Legal Description:  A tract in the Northeast Corner of Government Lot 3, Section Five (5), Township One hundred Sixty-three (163) North, Range Thirty-four (34) West – Parcel ID # 14.05.31.010

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to construct an inland harbor connected to Lake of the Woods and to cumulatively move more than the allowed amounts of material within and outside of the shore impact zone. Lake of the Woods is a General Development Lake.

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )
   1. Why or why not?  Resort development, additional safe harbor.
2.  Is the project proposal consistent with maintaining the public health, safety, and welfare?
   1. YES (  )  NO (  )  N/A (X)
   2. Why or why not?  _______________________________________________________________________
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (X) NO (  )  N/A (  )
   1. Why or why not?  Oversight by DNR and Corps of Engineers, permits all in place.
4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (X)  N/A (  )
   1. Why or why not?  They will be affected but has been permitted. 
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (X)  NO (  )  N/A (  )
   1. Why or why not?  Shoreline of Lake of the Woods.
6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (X)  NO (  )  N/A (  )
   1. Why or why not?  Via DNR and Corps permits and design.
7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  )
   1. Why or why not? Access via County Road 17.
8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  )
   1. Why or why not?  Resort area.
9. Does the project proposal have a reasonable need to be in a shoreland location? YES (X)  NO (  )  N/A (  )
   1. Why or why not?  Creation of a safe harbor.
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)
    1. 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)
    1. Why or why not? _______________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES (  )  NO (  )  N/A (X)
    1. 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 (X)  NO (  )  N/A (  )
    1. Why or why not?  Campsite boats are already using lake and permit limits number of slips in harbor.
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)
    1. Why or why not? _______________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
    1. YES (  )  NO (X)  N/A (  )
    2. Why or why not?  None needed.
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? 
    1. YES (  )  NO (X)  N/A (  )
    2. Why or why not? None needed.
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 (X)  N/A (  )
    1. Why or why not?  No new traffic.

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

The specific conditions of approval are as follows:

1. Follow the permitted harbor design approved by the agencies.
2. The cumulative movement of material is allowed for dike construction and rock rip rap to protect property from high-water and/or flooding.

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

November 15, 2022 _____________________________________

Date James Nordlof

Chair, County Board

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

Consideration of Conditional Use Permit #22-16CU by Stacey Manning

Lot 1, Block 3 River Oaks Plat, Section One (1), Township One hundred Sixty-one (161) North, Range Thirty-two (32) West — Parcel ID# 23.52.03.010. 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 Vacation Rental in a Residential Development (R1) Zoning District within the shoreland area of the Rainy River. The Rainy River is an Agricultural River Segment.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve Conditional Use Permit #22-16CU/Findings of Fact by Stacey Manning to operate a Short-Term Vacation Rental in a Residential Development (R1) Zoning District within the shoreland area of the Rainy River with the following conditions:

1. The septic system must be upgraded within two (2) years from September 20, 2022.
2. The Conditional Use Permit terminates upon sale or transfer of the property.
3. No on street parking
4. Must post local contacts and emergency numbers in dwelling.
5. Must follow tenant rules listed in application and quiet hours are from 10:00 p.m. to 6:00 a.m.
6. Must meet Minnesota Department of Health Regulations. 

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Stacey and Connie Manning Date:  November 15, 2022

Location/Legal Description:  Lot 1, Block 3, River Oaks Plat in Section 1, T. 161N, R. 32W – Parcel ID # 23.52.03.010

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a Short-Term Vacation Rental in a 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 (  )
   1. Why or why not? Within the growth corridor, vacation rental.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
   1. YES (  )  NO (  )  N/A (X)
   2. Why or why not? _______________________________________________________________________
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A (X)
   1. 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)
   1. 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)
   1. 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)
   1. Why or why not? _______________________________________________________________________
7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  )
   1. Why or why not? Access via Oak Harbor Drive.
8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  )
   1. Why or why not? Residential and commercial.
9. Does the project proposal have a reasonable need to be in a shoreland location? YES (  )  NO (  )  N/A (X)
   1. 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 (  )
    1. Why or why not? But needs to be upgraded.
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)
    1. Why or why not? _______________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES (X)  NO (  )  N/A (  )
    1. Why or why not? Private well and septic system.
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)
    1. 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)
    1. Why or why not? _______________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
    1. YES (  )  NO (  )  N/A (X)
    2. 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? 
    1. YES (  )  NO (  )  N/A (X)
    2. 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 (  )
    1. Why or why not?  On-site parking.

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

The specific conditions of approval are as follows:

1. The septic system must be upgraded within two (2) years from September 20, 2022.
2. The Conditional Use Permit terminates upon sale or transfer of the property.
3. No on street parking.
4. Must post local contacts and emergency numbers in dwelling.
5. Must follow tenant rules listed in application and quiet hours are from 10:00 p.m. to 6:00 a.m.
6. Must meet Minnesota Department of Health regulations.

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

November 15, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

HOFFMAN, PHILIPP and MARTELL, PLLC
Audit Exit Review

Colleen Hoffman from Hoffman, Philipp and Martell, PLLC provided an audit exit review to the County Board of Commissioners.

RECESS

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

Attest: November 29, 2022

______________________________ _________________________________

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