November 29, 2022

 AGENDA

Tuesday, November 29, 2022

TIME TAB

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

Approval of Agenda

Approve Minutes of November 15, 2022

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Contract Renewals
  • Auditor
  • Guardian Flight
  • CHS Joint Powers Agreement
  • Snowmobile Grant-in-Aid Program

9:15 a.m. #4 Public Works

  • Highway
  • Vehicle Purchase
  • Permission to bid out SAP 039-598-071
  • Roseau County Engineer Contract
  • Solid Waste
  • MPCA Permit Meeting.

9:20 a.m. #5 Land & Water

10:00 a.m. #6 Correspondence

  • Rinke Noonan
  • Dollars for Scholars

10:05 a.m. #6 RECESS

11:00 a.m. #7 Work Session

  • Koochiching County- Jail

Old/New Business

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

Information to attend by web or phone:

https://lotw20.my.webex.com/join/peder_h
Dial in: 1-408-418-9388
Access Code: 627433446

November 15, 2022

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 44th 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)
    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? 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)
    1. 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)
    1. 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)
    1. 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 (  )
    1. 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 (  )
    1. 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)
    1. 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)
    1. 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)
    1. 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

November 15, 2022

 AGENDA

Tuesday, November 15, 2022

TIME TAB

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

Approval of Agenda

Approve Minutes of October 25, 2022

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Set Work Session-Koochiching County
  • LOTW Food Shelf
  • New Freezer Request
  • Liquor License
  • Rainy River Resort

9:15 a.m. #4 Public Works

  • Highway
  • Final SAP 039-599-001
  • Todd F Retirement
  • FEMA Update
  • Solid Waste
  • PFAS Monitoring Funds
  • MPCA Surprise Inspection
  • Tub Grinder Sale

9:30 a.m. #5 Sheriff

  • Government Center North Building Update

9:45 a.m. #6 Land & Water

  • CUP #22-14CU- Blue Line Consulting, LLC
  • CUP #22-15CU-Dale & Connie Peterson
  • CUP #22-16CU-Stacey Manning

10:15a.m. #7 Hoffman, Philipp, & Martell, PLLC

  • Audit Exit Review

10:45 a.m. #8 RECESS

Old/New Business

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

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

November 30, 2021

November 30, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 30, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Vice-Chair Buck Nordlof called the meeting to order at 9:21 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Buck Nordlof, Ed Arnesen by Zoom and Jon Waibel by phone.  Absent: Commissioner Joe Grund. Also present was Auditor-Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the agenda with the following changes: Add: Highway Department- Final Payment; Land and Water Vehicle maintenance; Lineworker’s Facility – Sewer Blanket; and Remove:  Con-Con Requests and Union Negotiations. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the official and summarized minutes of November 9, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the following claims: Commissioners Warrants $10,094.01; Commissioners Warrants $1,980.49; Commissioners Warrants $10,942.47.

Meridian Services, Inc. Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the Contract Renewal for Meridian Services, Inc. No changes were made to this service.

Tri-Valley Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the Contract Renewal for Tri-Valley Rural Transportation Collaborative. This contract is renewed annually and without changes to the service.

AUDITOR/TREASURER
Claims
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the claims against the County as follows: Revenue $17,208.89; Road & Bridge $65,388.10; County Development $245.00; Solid Waste $26,438.72; EDA $968.05. 

WARRANTS FOR PUBLICATION

Warrants Approved On 11/30/2021 For Payment 11/30/2021

Vendor Name       Amount

ARRO of the North, LLC 2,200.00

Cenex Co-Op Services, Inc. 2,097.54

Freeberg & Grund, Inc 43,105.00

Greenview Landscaping, Inc 9,250.00

Norman County Highway Dept. 4,138.38

North East Technical Service,Inc 8,692.95

Powerplan 4,226.59

Quadient Finance USA Inc. 3,000.00

Short Elliott Hendrickson, Inc 9,026.12

U.S. Bank Equipment Finance 6,268.50

35 Payments less than 2000 18,243.68

Final Total: 110,248.76

Further moved to authorize the payment of the following auditor warrants: November 10, 2021 for $127,302.59; November 10,2021 for $55.00; November 12, 2021 for $317942.12 and November 17,2021 for $299,945.05.

Northerly Park

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously by roll call to adopt the following resolution:

Resolution No. 21-11-02

Resolution Supporting Regional Park or Trail Designation Application In Greater Minnesota

BE IT RESOLVED, that Lake of the Woods County as lead applicant, has the authority to act as legal public sponsor for the application described in the Request for Designation as a Regional Park In Greater Minnesota. Lake of the Woods County formally supports and authorizes the application and master plan submission for regional designation

BE IT FURTHER RESOLVED, that as lead applicant we are fully aware of the information provided in the master plan and associated responsibilities, including long-term commitments as defined in the application and related master plan and supporting information as submitted.

BE IT FURTHER RESOLVED that should Northerly Park receive formal designation as a Regional Park in Greater Minnesota by the Commission, that as the lead applicant we have the legal authority to enter into formal designation and funding agreements with the Commission for the referenced park.

Motion

Motion was made by Commissioner Cody Hasbargen and Seconded by Commissioner Ed Arnesen and carried unanimously, by roll call, to appoint Joe Laurin as the designated point of contact with MNIT for the Northerly Park.

Snowmobile Grant-In-Aid Program

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to authorize the FY 2022 Maintenance and Grooming Grants with the State of Minnesota Department of Natural Resources Snowmobile Grant-In-Aid Program for LOW Drifters/Big Traverse in the amount of $125,523.23 and authorize Vice-Chair Buck Nordlof and County Auditor/Treasurer Lorene Hanson to sign the same. 

Permission to Hire

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to hire Chelsea Anderson for the position of Deputy Auditor/Treasurer-License Clerk at Grade 11, Step 1, 20.93 per hour, Points 253, effective 11/15/ 2021.

Resolution

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

A Resolution Establishing County Precincts and Polling Places

Resolution 21-11-03

WHEREAS, Minnesota Statutes, Section §204B16, Subdivision 1 requires that by December 31st of each year, the County must designate by resolution a polling place for each election precinct; and

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Board of Commissioners, State of Minnesota hereby establishes polling places of the following County precincts: Baudette City Hall – Precincts 1B and 2B; Lake of the Woods County Government Center – All Mail Precincts including: 1A, 2A, 2C, 3A, 3B, 3C, 3D, 3E, 4A, 4B, 4C, 5A, 5B, 5C and 5D.  

The resolution was seconded by Commissioner Ed Arnesen the same being put to a vote, was unanimously carried.

ICEHOLE BAR & GRILL

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen carried unanimously, by roll call, to approve the On-Sale Intoxicating Liquor License for Icehole Bar & Grill

LEAVING THE MEETING

Commissioner Jon Waibel exited the meeting at 9:45a.m. 

HUMAN RESOURCES

Human Resources Director Savanna Slick presented job descriptions for the Assessor’s Office to the board for approval and requested to advertise, interview, and hire for the positions.

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen and carried unanimously, by roll call, to approve the job descriptions and to advertise, interview, and hire for one of the positions.

Permission to Hire

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to hire Evan Wimmer for the position of Part-Time Deputy Sheriff at Grade 12, Step 1, 22.09 per hour, Points 282, effective 11/23/ 2021. 

Resolution

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

County Board PERA Resolution

Resolution   2021-11-04

WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below;

BE IT RESOLVED, that the Commissioners of Lake of the Woods County hereby declares that the position titled Part Time Deputy Sheriff, currently held by Evan Wimmer meets all of the following Police and Fire membership requirements:                         

  1. Said position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed;
  2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state;
  3. Said position charges this employee with the prevention and detection of crime;
  4. Said position gives this employee the full power of arrest, and 
  5. Said position is assigned to a designated police or sheriff’s department.

BE IT FURTHER RESOLVED, that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision.

The motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried.

Economic Development Authority

The Board Discussed the appointment of the EDA Board

Resolution

The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to adopt the following resolution:

Re-Appointment of Terms of the economic development authority

Resolution 21-11-05 

Whereas Lake of the Woods County Board, pursuant to MN Statute §469.093, Subd.1 has provided a public notice and conducted a public hearing on September 14, 2010 to consider the creation of an Economic Development Authority and adopted the Enabling Resolution creating the same; and

Whereas the County Board of Commissioners of the County of Lake of the Woods adopted the following:

The EDA shall consist of a governing body of nine (9) members, as per the adopted Enabling Resolution, of which: Five (5) Sitting Commissioners, Lake of the Woods County Board of Commissioners

Four (4) Members shall be nominated by the following organizations and appointed by the County Board:

Industrial Development Corporation (IDC) to recommend appointment

Chamber of Commerce to recommend appointment

Lake of the Woods Tourism to recommend appointment

City of Baudette to recommend appointment

The Board Members and 6-year terms are established as follows:

Board Member Term Expires Representing

Brock Stebackken 12/31/2023 City of Baudette

James “Buck” Nordlof 12/31/2023 County Board District 1

Jeff Bauers 12/31/2024 IDC

Mike Kinsella 12/31/2024 Tourism Board

Ed Arnesen 12/31/2025 County Board District 5

Jon Waibel 12/31/2025 County Board District 4

Brad Nylander 12/31/2026 Chamber of Commerce

Cody Hasbargen 12/31/2021 County Board District 2 

Joe Grund 12/31/2022 County Board District 3

Whereas one board members term expiring on December 31, 2021;

Now, therefore, be it resolved that the County Board of Commissioners of the County of Lake of the Woods hereby appoints the following board member for a 6-year term;

Board Member Term Expires Representing

Cody Hasbargen 12/31/2027 County Board District 2

Lineworker’s Facility

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen to approve the purchase of Sewer Blankets for the Lineworker’s Facility. 

Ditch Authority

Review 2022 Ditch Assessments

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to close the regular meeting and open Ditch Authority.

The Ditch Authority discussed the proposed 2022 Ditch assessments.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and unanimously carried by roll call to close the Ditch Authority meeting and open the regular meeting.

Solid Waste

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2022 solid waste assessments and budget as recommended by the solid waste committee.  This would leave the rates the same as 2021 and include a cap of 999 units.

Public Works

Public Works Director A.J. Pirkl gave an update on various projects and requested signatures from Auditor/Treasurer Lorene Hanson and the board for the Main Street Project Resolution.

A request was made for final payment for project number SAP-039-649-004 of $99,191.10

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen and carried unanimously, by roll call to approve the Public Works Director’s Certificate of Performance of SAP 039-649-004 for Lake of The Woods County (Force Account) in the total amount of $99,191.10 and approve final payment for the same.

Veterans Officer Update

Veterans Officer Rick Rone gave an update about Veterans services and Transportation in our community. Rick will provide the board members with a copy of this update. 

Set Cartway Date

Motion

Motion was made by Commissioner Ed Arnesen and seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the Public Hearing date for the Peter R. Jones Cartway on December 14, 2021 at 11:00 a.m. in the Lake of the Woods County Commissioners Room.

Land & Water

Motion

Motion was made by Commissioner Cody Hasbargen and seconded by Commissioner Ed Arnesen and carried unanimously, by roll call, to approve the replacement of tires for the 2015 GMC in the Land & Water Planning Department at an estimated cost of $700.00.

Recess

A brief recess took place at 10:15a.m. and returned at 10:25a.m. to continue the meeting.

RINKE NOONAN

The Board reviewed correspondence from Rinke Noonan.

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

Attest: December 14, 2021

_________________________________ _________________________________Auditor-Treasurer, Lorene Hanson Vice-Chair of the Board, James Nordlof

November 30, 2021

AGENDA

Tuesday, November 23, 2021

POSTPONED and AMENDED – for

Tuesday, November 30, 2021

TIME TAB

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

Approve Agenda
Approve the Minutes of November 9, 2021 

9:05 a.m. #2 Social Services 

  • Claims 
  • Approve Contracts:
  • Meridian Services, Inc
  • Tri-Valley Rural Transportation Collaborative

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

  • Claims
  • Resolution- Northerly Park
    • Letter of Designation
    • Point of Contact
  • Motion – Snowmobile Grant-In-Aid Program – Drifters
  • Permission to Hire – License Clerk
  • Resolution-Establishing County Precincts & Polling Places
  • Approve Icehole Bar and Grill – 

On-Sale Intoxicating Liquor License

9:20 a.m. #4 Human Resources

  • Approval of Job Description

Assessor’s Office 

  • Permission to Hire – Part Time Deputy
  • PERA Resolution – PT Deputy / Police & Fire Plan

9:25 a.m. #5 Economic Development Authority

  • 2022 EDA Board Appointment-Resolution
  • Lineworker’s Facility

9:40 a.m. #6 Ditch Authority

  • Close Regular Meeting/Open Ditch Authority
  • Review Ditch Assessments
  • Close Ditch Authority/Open Regular Meeting

9:45 a.m. #7 Solid Waste Assessments 

  • Set 2022 SW Assessments

9:50 a.m. #8 Public Works

  • Highway
    • Update
  • Solid Waste
    • Update

10:00 a.m. #9 Veterans Officer

  • Update

10:30 a.m. #10 EV Charging Stations

  • Northern Coalition

11:00 a.m. #11 Set Cartway Hearing

  • December 14, 2021, 11:00 a.m.

11:05 a.m. #12 Con Con Requests

12:00 p.m. #13 Union Negotiations – Closed Session

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

  1:00 p.m. #14 Recess

Correspondence:  Rinke Noonan

Old/New Business

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

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

November 9, 2021

Tuesday, November 9, 2021

TIME TAB

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

Approve Agenda
Approve the Minutes of October 26, 2021 

9:05 a.m. #2 Social Services 

  • Claims 
  • Approve Contracts:
  • NW Mediation & Custody Investigation Services
  • Lifecare Behavioral Health for Clinical Supervision

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

  • Claims
  • Resolution- Gambling Application
  • NWMN Fraternal Order of Police

9:15 a.m. #4 Calvin Benson

  • District Outreach Representative for 

Congresswoman Michelle Fischbach

9:45 a.m. #5 Human Resources

  • Approval of Job Description

Law Enforcement-Administrative Specialist

9:50 a.m. #6 Maintenance

  • Window Installation – Social Services Office

10:00 a.m. #7 Public Hearing 

  • Intent to Appoint Auditor/Treasurer

10:30 a.m. #8 LOW-SWCD-Mike Hirst

  • Rapid River Watershed Restoration & Protection Strategies (WRAPS)
  • Total Maximum Daily Load Study (TMDL)

11:00 a.m. #9 Land & Water Planning

  • Consideration of Conditional Use Permit

Robert Audette – Permit#21-15CU

11:30 a.m. #10 Public Works

  • Highway
    • Approval of Final Payment – Knife River – $2,121,067.57

SAP 039-606-019 & SAP 039-631-007

  • Update
  • Solid Waste
    • Update

11:45 a.m. #11 Veterans Officer

  • Update

12:00 p.m. #12 Con Con Requests

12:30 p.m. #13 Union Negotiations

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

  1:00 p.m. #14 Recess

Correspondence: Minnkota Power Cooperative – Transmission Line Maintenance

Old/New Business

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

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

November 9, 2021

November 9, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 9, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the agenda with the following changes: Add: Human Resources – Employee Recognition; Set Public Hearing for Cartway; Auditor – Affidavit Lost Warrant; and Remove:  Veterans Service.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the official and summarized minutes of October 26, 2021, with changes.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the following claims: Commissioners Warrants $2,462.92; Commissioners Warrants $9,694.56; Commissioners Warrants $690.98

NW Mediation Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the Contract between Lake of the Woods County and Northwest Mediation and Custody Investigation Services for the period of January 1, 2022 to December 31, 2023; and to have the County Board Chair, County Social Services Director and County Attorney sign the same.    

LifeCare Behavioral Health

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the Contract between Lake of the Woods County and LifeCare Behavioral Health Services for the period of January 1, 2022 to December 31, 2023; and to have the County Board Chair, County Social Services Director and County Attorney sign the same.    

JOINING THE MEETING

Commissioner Joe Grund arrived at the meeting at 9:15 a.m.

AUDITOR/TREASURER
Claims
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve the claims against the County as follows: Revenue $56,435.24; Road & Bridge $28,364.70; County Development $495.00; Solid Waste $22,851.86; EDA $44.56. 

 WARRANTS FOR PUBLICATION

Warrants Approved On 11/09/2021 For Payment 11/12/2021

Vendor Name           Amount

Cenex Co-Op Services, Inc. 6,220.31

Counties Providing Technology 3,860.00

Custom Autobody And Repair 2,678.59

DSC Communications 6,165.00

Howard’s Oil Company 3,325.98

Lake Area Construction Inc. 19,168.75

LOW Highway Dept 3,838.05

Mar-Kit Landfill 12,954.50

Marco Technologies LLC 2,738.70

R & Q Trucking, Inc 2,575.00

Sjoberg’s Inc 2,668.00

Wikstrom Telephone Co.,Inc 6,770.58

WSB 14,733.25

56 Payments less than 2000   $20,494.65

Final Total:  $ 108,191.36

Further moved to authorize the payment of the following auditor warrants: October 26, 2021 for $473,409.24 and November 3, 2021 for $890,101.86.

Resolution

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call:

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 21-11-01

WHEREAS; the Fraternal Order of Police NW MN #8 has submitted a Minnesota Lawful Gambling LG220 Application for Exempt Permit Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sportsman’s Lodge 2/28/2022

Sportsman’s Lodge 3244 Bur Oak Rd NW Baudette, MN 56623

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said application for submission to the Minnesota Gambling Control Board.

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the application and affidavit for lost warrant number 93819 for vendor number 3630 dated June 11, 2021 in the amount of $182.28 without furnishing indemnifying bond. 

CALVIN BENSON

Calvin Benson, District Outreach Representative for Congresswoman Michelle Fischbach, attended the meeting and gave an update to the County Board on State and Federal issues.

HUMAN RESOURCES

Human Resources Director, Savanna Slick met with the County Board to discuss a job description for Law Enforcement-Administrative Specialist.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously, by roll call to approve the job description of Law Enforcement-Administrative Specialist, Grade 11, Points 251.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the move of Julie Berggren to the new Law Enforcement-Administrative Specialist position and increase her salary to a Grade 11, Step 8, $24.14, from a Grade 10, Step 10 $23.70 effective the next full pay period (11/28/2021).  

Employee Recognition

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve the purchase of employee recognition gifts from the unallocated dept.

MAINTENANCE DEPT

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve a window installation in a Social Services office up to $2,170.00.

RECESS
The board recessed at 9:55 a.m. and reconvened at 10:00 a.m. with the following:

PUBLIC HEARING

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to close the regular session and open the public hearing for the intent to make the position of the Auditor/Treasurer an appointed position.

Commissioner Joe Grund opened the hearing with reviewing the purpose of the meeting and the procedures of making this position appointed.   The County Board did pass a resolution on October 12, 2021, for Intent of Appointment of the Office of Auditor/Treasurer.  It was published in the paper for 2 weeks and they are now holding the public hearing for comments from the public.  

The commissioners relayed their reasons for wanting this to become an appointed position instead of an elected position.  Comments were heard from the public in regards to the appointment, with questions and answers following.   No action was taken at this time.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Cody Hasbargen and carried unanimously by roll call, to close the public hearing and open the regular meeting.     

RECESS
The board recessed at 11:15 a.m. and reconvened at 11:20 a.m. with the following:

LOW-SWCD

Cary Hernandez of the Minnesota Pollution Control Agency (MPCA) and Mike Hirst, Resource Conservationist with the Lake of the Woods Soil and Water Conservation District, via phone, met with board.  Cary gave a presentation on the Watershed Restoration and Protection Strategy (WRAPS) for the Rapid River Watershed and also the Total Maximum Daily Load Study (TMDL).

LAND AND WATER PLANNING
Consideration of Preliminary Plat of Driftwood Acres by L&S Investing LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-15CU by Robert Audette:  A tract two-hundred sixty-four feet by one-thousand five-hundred seventy-three fee (264’ x 1573’) in both Government Lot Two (2) of Section seven (7) Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West and the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Eighteen (18), Township One-hundred Sixty-Two (162) North, Range Thirty-two (32) West – Parcel ID# 19.65.00.090.  Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp.  Lake of the Woods is a general development lake.

Motion 

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to deny the following Findings of Fact and Decision Conditional Use Permit #21-15CU by Robert Audette, requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp.  

The specific items considered by the County Board were as follows:

  1. The nutrient impairment of Lake of the Woods.
  2. Shoreland stabilization projects to prevent further erosion of shoreline which reduces or eliminates sedimentation and excess nutrients entering Lake of the Woods.
  3. The applicant didn’t follow process/protocol and is an egregious violation of the Lake of the Woods County Zoning Ordinance. The applicant was aware of process/protocols in place as two previous permits were applied for and approved for the installation of septic system and addition onto the existing garage.
  4. Applicant sought project assistance from the Land and Water Planning Office as noted in the file from a site visit to the property in June 10, 2020 but, went ahead without the required approvals.
  5. Alternative solutions to gain access to the lake exist that would be more environmentally friendly while still allowing the rock rip rap to remain intact and still allowing access exist; however, applicant didn’t seek project assistance from the Land and Water Planning Office prior to undertaking the project.

The County Board requires the site to be restored to original conditions as existed prior to the project occurring. The rock rip rap must be restored to the previous engineered standards. The date for completion of the restoration activities is July 31, 2022.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Robert Audette Date: November 9, 2021

Location/Legal Description:  A tract two-hundred sixty-four feet by one-thousand five-hundred seventy-three feet (264’ x 1573’) in both Government Lot Two (2) of Section seven (7) Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West and the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Eighteen (18), Township One-hundred Sixty-Two (162) North, Range Thirty-two (32) West – Parcel ID# 19.65.00.090

Project Proposal:  Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp. 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(  )NO (X)  N/A (  )

Why or why not?  The project, as constructed, is not consistent with the following high priorities identified in Lake of the Woods County Comprehensive Land Use Plan:

  1. Business and residents clearly felt that timber harvest and shoreland development have had the greatest effect on the county’s natural resources over the past decade. These two are of continuing importance to the county.
  2. The county should provide a balanced approach to land use planning which takes into consideration individual rights, protection from the actions of others, and protection of the natural environment.

The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base over the next decade. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land, and individual choice when it comes to issues of work and leisure. Following is a summary of those values important to Lake of the Woods County:

  1. Conservation: Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations; and finally, 
  2. Balance: Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

The following section describes Lake of the Woods County’s vision for future land use and development in the

county. It includes a statement of the county’s land use goals, policies it will promote through its activities, and

a future land use map that illustrates the described future land use pattern in the county.

GOALS

Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. Following are those goals pertinent to this Conditional Use Permit request:

  1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
  2. Maintain and, where necessary, improve water quality.

POLICIES

  1. Undertake and/or support activities to protect environmentally sensitive areas within the county. 
  2. Continue to effectively enforce existing ordinances; reassess the effectiveness of the county’s regulatory tools on an ongoing basis. 
  3. Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities. 

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

YES (  ) NO (  )  N/A (X)

Why or why not? This question has no bearing on this request. 

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

Why or why not?  The engineered rock rip rap project is consistent; however, with the lake considered impaired for excess nutrients, the removal of the rock rip rap with a concrete ramp with allow untreated stormwater to enter the lake contributing to the increased nutrient load.

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

Why or why not?  Did affect topography, drainage and veg cover.

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

Why or why not? This project location is not along a river or tributary; however, the project is likely within the floodway of Lake of the Woods.

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

Why or why not?  The concrete down to and past the Ordinary High-Water Level (OHWL), which replaced the rock rip rap is not acceptable. The proposed project to rectify the current situation would address the items identified in this question.

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

Why or why not? This question has no bearing on this request.

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

Why or why not? This question has no bearing on this request.

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

Why or why not?  For access to Lake of the Woods as the entire shoreline has been stabilized with rock rip rap.

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

Why or why not? This question has no bearing on this request.

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

Why or why not? This question has no bearing on this request.

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

Why or why not? This question has no bearing on this request.

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

Why or why not?  Applicant stated the walkway/access is for kayak’s and not boats.

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

Why or why not? This question has no bearing on this request.

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

YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

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

YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

  1. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (  )  NO (  )  N/A (X)

Why or why not? This question has no bearing on this request.

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 items considered by the County Board are as follows:

  1. The nutrient impairment of Lake of the Woods.
  2. Shoreland stabilization projects to prevent further erosion of shoreline which reduces or eliminates sedimentation and excess nutrients entering Lake of the Woods.
  3. The applicant didn’t follow process/protocol and is an egregious violation of the Lake of the Woods County Zoning Ordinance. The applicant was aware of process/protocols in place as two previous permits were applied for and approved for the installation of septic system and addition onto the existing garage.
  4. Applicant sought project assistance from the Land and Water Planning Office as noted in the file from a site visit to the property in June 10, 2020 but, went ahead without the required approvals.
  5. Alternative solutions to gain access to the lake exist that would be more environmentally friendly while still allowing the rock rip rap to remain intact and still allowing access exist; however, applicant didn’t seek project assistance from the Land and Water Planning Office prior to undertaking the project.

The County Board requires the site to be restored to original conditions as existed prior to the project occurring. The rock rip rap must be restored to the previous engineered standards. The date for completion of the restoration activities is July 31, 2022.

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

November 9, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

PUBLIC WORKS

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to authorize final payment of SAP 039-606-019 and SAP 039-631-007 for Knife River Materials, of Bemidji, MN in the total amount of $2,270,907.19 and hereby authorize final payment of $113,545.36.

Highway Update
County Engineer AJ Pirkl provided an update on the status of current projects.

Solid Waste Update
County Engineer AJ Pirkl provided an update on the landfill and fish entrails for the winter.

CON CON REQUESTS

Karla Robida with the Williams Youth Recreation Association, attended the county board meeting and submitted a request for a contribution towards a splash pad project in the City of Williams.   The County Board will review all requests at the next County Board meeting, November 26, 2021.

SET PUBLIC HEARING

County Attorney met with the board to set a Public Cartway Hearing date for November 24, 2021, however, this date will not work for the board. The attorney will get back to the board with other available dates. 

CLOSED SESSION-UNION NEGOTIATIONS

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the Closed Session – Union Negotiations pursuant MN Statute 13D.03).  Present were Commissioners:  Jon Waibel, Buck Nordlof, Cody Hasbargen and Joe Grund; Commissioner Ed Arnesen was present via phone.  Also present were Auditor/Treasurer Lorene Hanson, and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the Closed Session – Union Negotiations and open the regular session.

Correspondence
The Board reviewed the following correspondence: Minnkota Power Cooperative – Transmission Line Maintenance

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 2:50 p.m.

Attest: November 30, 2021

_________________________________ _________________________________

Auditor-Treasurer, Lorene Hanson Chair of the Board, Joe Grund 

November 24, 2020

AGENDA – Tuesday, November 24, 2020

TIME TAB

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

Approve Agenda

Approve the Minutes of November 10, 2020

9:05 a.m. #2 Social Services

  • Claims
  • Approval of Contract with Tri-Valley for Volunteer Driver Services
  • Approval of Children’s Mental Health Grant Contract

9:15 a.m. #3 County Auditor/Treasurer

  • Claims
  • Affidavit of Lost Warrant
  • Resolution for Election Polling Places
  • MN Department of Revenue Lodging Tax Collection Agreement
  • Government Management Group Services Agreement
  • Con-Con Fund Application Review

9:45 a.m. #4 Friends Against Abuse – Jenell Feller

10:00 a.m. #5 Bollig

  • Resolution for Intention to be the Public Sponsor of a New Public Use General Aviation Municipal Airport

10:15 a.m. #6 Human Resources

  • Stipend Review

10:20 a.m. #7 County Surveyor Contract

10:30 a.m. #8 County Highway/Landfill 

  • Highway
    • Update 
  • Main Street Design Contract
  • Recognition of Years of Service Resolution – Mike Anderson
  • Landfill Update
  • Ditch Authority
    • County Ditch 1 Grant Acceptance from One Watershed One Plan   
  • Permission to Advertise RFP for County Ditch 1 Repair

10:45 a.m. #9 Emergency Management

  • 2020 Multi-Hazard Mitigation Plan Adoption by Resolution
  • Adoption of the Emergency Operations Plan for 2021


11:00 a.m. #10 COVID-19 Update

  • Media Campaign
  • Government Center
  • County Employees
  • Public Health/Hospital Update

11:15 a.m. #11 Ryan Zemek, Economic Development Authority Director

  • CARES Grants

Old/New Business

  • Lessard–Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • CR 33
  • Home Health Care Task Force
  • Proposed Law Enforcement Center

November 24, 2020

Commissioner Proceedings

November 24, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 24, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following additions: Sheriff/Jail Update, Auditor-Treasurer/Hoffman, Philipp & Knutson Multi-Year Audit Services Agreement, and Emergency Management/Credit Card Limit Increase.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of November 10, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $19,862.03, Commissioners Warrant’s $1,289.88, Commissioners Warrant’s $7,795.37.

Approval of Contract with Tri-Valley for Volunteer Driver Services

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Contract for Rural Transportation Collaborative Volunteer Driver Services with Tri-Valley and for Social Services Director Amy Ballard to sign the same.

Approval of Children’s Mental Health Grant Contract

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Minnesota Department of Human Services County Grant Contract with the State of Minnesota’s Department of Human Services, Behavioral Health Division and for Social Services Director Amy Ballard to sign the same.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the additional COVID-19 claims and warrants against the County to be paid by Auditor Warrants.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the claims against the County as follows: Revenue $49,069.26; Road & Bridge $19,968.54; County Development $200; Solid Waste $16,550.50.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/24/2020 For Payment 11/25/2020

Vendor Name Amount

Counties Providing Technology 3,751.00

DSC Communications 3,590.00

Element Materials Technology 18,670.00

Lakewood Health Center 11,250.00

North East Technical Service,Inc 3,628.74

R & Q Trucking, Inc 2,575.00

Short Elliott Hendrickson, Inc 4,078.26

Titan Energy Systems, Inc 2,853.60

U.S. Bank Equipment Finance 6,268.50

Voice Products 6,714.58

WatchGuard Video 4,720.00

38 Payments less than 2000   17,688.62

                                  Final Total: 85,788.30

Further moved to authorize the payment of the following auditor warrants: November 9, 2020 for $470,858.47, November 9, 2020 for ($60,000), November 12, 2020 for $179,353.82 and November 18, 2020 for $126,573.84.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Cody Hasbargen and carried unanimously by roll call to approve the application and affidavit for lost warrant for Bobby J. Beggs, dated March 13, 2020 for $144.60 without furnishing indemnifying bond.

Resolution for Election Polling Places

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

A Resolution Establishing County Precincts and Polling Places

Resolution 20-11-04

WHEREAS, Minnesota Statutes, Section §204B16, Subdivision 1 requires that by December 31st of each year, the County must designate by resolution a polling place for each election precinct; and

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Board of Commissioners, State of Minnesota hereby establishes polling places of the following County precincts: Baudette City Hall – Precincts 1B and 2B; Lake of the Woods County Government Center – All Mail Precincts including: 1A, 2A, 2C, 3A, 3B, 3C, 3D, 3E, 4A, 4B, 4C, 5A, 5B, 5C and 5D.  

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

MN Department of Revenue Lodging Tax Collection Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to enter into an agreement with the Minnesota Department of Revenue for collection of local lodging tax for Lake of the Woods County and for Chairman Jon Waibel and Auditor-Treasurer Lorene Hanson to sign the same.

Government Management Group Services Agreement 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously by roll call to enter into an agreement with Government Management Group for Services Cost Allocation Plans in the amount of $3,750 for fiscal years ending December 31, 2020, 2021, 2022, 2023 and 2024 and authorize Chairman Jon Waibel to sign the same.

Con-Con Fund Application Review 

Lake of the Woods County Development Year 2021

Baudette Arena Association Inc: $12,500
Lake of the Woods International Ice Arena: $40,000

Williams Arena: $7,000

Economic Development Authority: $10,000

Depot Preservation Alliance: $5,000

Friends Against Abuse: $2,500

LOW Historical Society: $17,665

LOW Humane Society: $7,500

U of M Extension: $2,000

Williams Public Library: $650

Joint Powers Natural Resources Board: $1,000

LOW Rod and Gun Club: $1,500

LOW School Trap Team: $2,000

LOW Senior Fishing: $1,500

Rinke-Noonan-Retainer-Drainage: $2,400

St Louis County Auditor: $2,000

Take A Kid Fishing: $1,000

Williams Youth Recreation Assoc: $3,000

Widseth Smith Nolting: $16,000

Audit Fees: $900

Beaver Control Damage: $10,000

Drainage: $10,000

Total Approved Contributions for 2021: $156,115       

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to make allocations to the above organizations from the Con-Con funds, payable 2021.

Hoffman, Philipp & Knutson Multi-Year Audit Services Agreement

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to authorize entering into the multi-year audit agreement with Hoffman, Philipp, and Knutson, PLLC for audit services of Lake of the Woods County for years ended December 31, 2020, 2021, 2022, 2023 and 2024 at a fee of $29,000 per year and for Chair Jon Waibel and Auditor-Treasurer Lorene Hanson to sign the same.

FRIENDS AGAINST ABUSE – Jenell Feller

Jenell Feller gave an update to the Board on the Friends Against Abuse program in Baudette.

RECESS

The Board took a brief recess at 9:55 a.m. and reconvened the meeting at 10:00 a.m.

BOLLIG

Resolution for Intention to be the Public Sponsor of a New Public Use General Aviation Municipal Airport

The following Resolution was offered by Commissioner Ed Arnesen and moved for adoption: 

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF

LAKE OF THE WOODS COUNTY, MN.

STATING THE COUNTY’S INTENTION TO BE THE

PUBLIC SPONSOR FOR A NEW PUBLIC USE GENERAL AVIATION

MUNICIPAL AIRPORT LOCATED ON THE NORTHWEST ANGLE, MN

RESOLUTION NO. 2020-11-05

WHEREAS, the Lake of the Woods County Board, and the surrounding community, recognizes the unique geographic and historic position of the detached portion of the county, state of Minnesota and the United States known as the Northwest Angle, and

WHEREAS, the County Board understands the perilous situation surrounding the welfare of the citizens that are suffering under the current quarantine and subsequent closure of the international border, and

WHEREAS, the County Board recognizes that a general aviation, public use airport is a critical, yet missing, transportation link that is vital to strengthening and supporting the regional and local transportation system, and

WHEREAS, the County and the residents of the Northwest Angle community recognizes that the lack of airport facilities places human health and safety in peril, and exacerbates community and economic isolation, and 

WHEREAS, the County Board acknowledges that public safety, health, nutrition and economic needs, and future economic growth potential will be greatly improved by the construction of a general aviation airport at an appropriate location on the Northwest Angle, and

WHEREAS, the County Board approves and supports the efforts to study the feasibility of constructing a new airport facility at an appropriate location that will accommodate current and future community and aviation needs while minimizing impacts to natural and cultural resources, and,

WHEREAS, the County Board authorizes the Federal Aviation Administration (FAA) and Minnesota Department of Transportation (MNDOT) Aeronautics to undertake a primarily federally funded feasibility study and Master Planning Study primarily for an airport at or near the North West Angle of Minnesota, and

WHEREAS, the County Board acknowledges the FAA, as the Lead Federal Agency, will begin appropriate tribal consultation during airport planning with associated Native American governments including the Red Lake Nation.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods Board of Commissioners hereby declares its intent to be the Public Sponsor of an airport at the Northwest Angle, and urges support for the FAA and MnDOT Aeronautics to take the actions necessary to fulfill the spirit of Governor Walz’s Executive Order 19-24, to finalize site selection, and provide the grant funds necessary to accomplish this purpose.

The resolution was seconded by Commissioner Joe Grund, and the same being put to a vote, was unanimously carried by roll call.

HUMAN RESOURCES

Stipend Review

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve a $500 stipend for Sandy Peterson and Tami Maurer for the month of November 2020.  The stipend will end on November 30, 2020.

COUNTY SURVEYOR CONTRACT

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve entering into a professional services contract with Widseth, Smith, Nolting and Associates Inc. for County Surveyor Services, the time period commencing January 1, 2021 and terminating December 31, 2024 at a cost of $15,000 per year and for Chair Jon Waibel, Auditor-Treasurer Lorene Hanson and County Attorney James Austad to sign the same.

COUNTY HIGHWAY/LANDFILL

Highway

Update

County Engineer AJ Pirkl provided a highway update.  

Main Street Design Contract

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve a contract with Freeburg and Grund in the amount of $47,200 for design of Main Street in Baudette from the Brink Center to the Grand Theater.

Recognition of Years of Service Resolution – Mike Anderson

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

RECOGNITION OF YEARS OF SERVICE 

MICHAEL ANDERSON

RESOLUTION NO. 2020-11-03

WHEREAS, Michael Anderson has served Lake of the Woods County as a Heavy Equipment Operator and Maintenance Supervisor since April 17, 1989;

WHEREAS, Michael will retire from Lake of the Woods County effective December 1, 2020 with thirty-one 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 Ed Arnesen and the same being put to a vote, was unanimously carried by roll call.

Landfill Update

County Engineer AJ Pirkl provided a landfill update.

Ditch Authority

Motion

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

The Ditch Authority discussed maintenance work for JD 22 and County Ditch 1, which will be reviewed with Roseau County.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and unanimously carried by roll call to close the Ditch Authority meeting and open the regular meeting.

County Ditch 1 Grant Acceptance from One Watershed One Plan    

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and unanimously carried by roll call to accept a grant from One Watershed One Plan for project development to address erosion on County Ditch 1. The cost for project development will be $31,500 with a county required match of $3,500 to be paid with state-aid funds.

Permission to Advertise RFP for County Ditch 1 Repair

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and unanimously carried by roll call to approve permission to advertise RFP for County Ditch 1 repair.

SHERIFF

Jail Update

Sheriff Gary Fish provided an update to the Board.  Fish received communication from the Department of Corrections that a two-year extension (through July 1, 2023) was granted on the sunset date for progress on the new jail, as long as benchmarks continue to be met.  Fish plans to work on a contract with Roseau County and will continue work on additional projects, including a camera system and records management system (RMS).  Commissioner Buck Nordlof agreed to meet with the Sheriff’s Department to review their RMS needs.  The Board would like a report prepared showing the cost savings from programs that would be replaced if the new RMS system was purchased. It was also requested that the RMS vendor provide a presentation to the Board.

RECESS

The Board took a brief recess at 11:36 a.m. and reconvened the meeting at 11:41 a.m.

EMERGENCY MANGEMENT

2020 Multi-Hazard Mitigation Plan Adoption by Resolution

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

RESOLUTION OF ADOPTION OF THE 

LAKE OF THE WOODS COUNTY

ALL-HAZARD MITIGATION PLAN

Resolution No.  20-11-06

WHEREAS, Lake of the Woods County has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and

WHEREAS, the Act establishes a framework for the development of a County Hazard Mitigation Plan; and

WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and

WHEREAS, the Lake of the Woods County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and

WHEREAS, the Lake of the Woods County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and

WHEREAS, the Lake of the Woods County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Lake of the Woods County will maintain public participation and coordination; and

WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and

WHEREAS, the Lake of the Woods County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and 

WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan.

NOW THEREFORE BE IT RESOLVED that Lake of the Woods County supports the hazard mitigation planning effort and wishes to adopt the Lake of the Woods County All-Hazard Mitigation Plan.

Adoption of the Emergency Operations Plan for 2021

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the Lake of the Woods County Emergency Operations Plan for 2021.

Request for Credit Card Limit Increase

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve a county credit card limit increase to $5,000 for Jill Hasbargen Olson, Lake of the Woods County Emergency Management Director. This is a temporary increase to be revisited after the pipeline protesting issues in neighboring counties cease or in June of 2021, whichever is sooner.

COVID-19 UPDATE

Media Campaign 

Jill Hasbargen Olson, Emergency Management Director, provided an update on a media campaign that was launched this week to encourage wearing masks to slow the spread of COVID-19. Some of the media materials will be available for local businesses to use as well.  Hasbargen Olson also mentioned the use of COVID-19 funds to sponsor a related coloring contest with the Northern Light Region.

Government Center

Jill Hasbargen Olson, Emergency Management Director, discussed what would initiate the Government Center to go to an appointment-only status.  It was agreed that this decision would be made when/if the Lake of the Woods School goes to distance learning.

County Employees

The Board encourages employees to consult with department heads about working remotely, after traveling out of the state.

Public Health/Hospital Update

Kay M. Schell, Public Health Manager at CHI LakeWood Health, provided an update. Positive cases of COVID-19 are rising in Lake of the Woods County.  The school is doing well, but because numbers are up in the county, if someone at the school has one of the less common symptoms they are asked to go home.  Surrounding counties have found that the distance learners have more positive cases compared to those who are attending school in the classroom.  ICU beds are very limited in the area.  CHI LakeWood Health long-term care residents and staff are tested for COVID-19 every week and all other staff are tested monthly.  COVID-19 testing is available at CHI LakeWood Health with doctor order.  There is also a no-cost, at-home COVID-19 saliva test that can be requested through the Minnesota Department of Health.  No timeline is available for the vaccine, but there is a prioritization for healthcare workers and long-term care.

RYAN ZEMEK, ECONOMIC DEVELOPMENT AUTHORITY DIRECTOR

CARES Grants

Ryan Zemek, Economic Development Authority Director, provided an update on the additional applications and award amounts for the CARES Grants. It was the consensus of the Board for Lake of the Woods Economic Development Authority to proceed with the awards as presented.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the CARES Grants as presented and to appropriate and transfer $8,100 to the Economic Development Authority Fund.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 12:35 p.m. 

Attest: December 15, 2020

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Chairman Jon Waibel

November 10, 2020

AGENDA – Tuesday, November 10, 2020

TIME TAB

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

Approve Agenda

Approve the Minutes of October 27, 2020

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Motion to Hire
  • Motion for Wells Fargo Motor Vehicle Checking Account
  • Snowmobile Grant-In-Aid Program

9:15 a.m. #4 Human Resources

  • Convene Training Renewal for 2021

9:20 a.m. #5 Land and Water Planning

  • Consideration of Conditional Use Permit #20-07CU
    by Ryan Kerr, Dennis King, and Sunset Lodge, LLC
  • Consideration of Conditional Use Permit #20-08V
    by Kristine Hawkins

9:40 a.m. #6 County Highway/Landfill 

  • Highway Update
  • Landfill Update

9:50 a.m. #7 Baudette Depot – Depot Preservation Alliance

  • Funding Request

10:00 a.m. #8 Ryan Zemek, EDA Director

  • Update on CARES Applications

Correspondence:  Williams Senior Citizens

Old/New Business

  • Lessard–Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • CR 33
  • Home Health Care Task Force
  • Proposed Law Enforcement Center