November 28, 2023

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of November 14, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $8,862.28; Commissioners Warrants $3,940.50; Commissioners Warrants $9,972.59.

Approval of AMHI Joint Powers Agreement

Motion

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

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $128,500.14; Road & Bridge $25,165.55; County Development $200.00; Natl Resc Enhanc $406.00; Solid Waste $28,835.66. 

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

AMI Consulting Engineers P.A. 21,500.00

Axon Enterprise,Inc 35,000.00

Counties Providing Technology 4,204.00

Farmers Union Oil Co. 5,031.14

Forum Communications Printing 2,102.51

Integris LLC 2,161.66

Interstate Billing Service Inc 2,894.15

K-Log, Inc 9,889.83

Koochiching Co Treasurer 2,500.00

Larkin Hoffman Attorneys 16,885.00

Marco Technologies LLC 2,378.44

Mn Dept Of Transp 9,127.83

North East Technical Service,Inc 18,910.05

Pomp’s Tire-Thief River Falls 2,308.80

State Of Minnesota 16,000.00

U.S. Bank Equipment Finance 6,268.50

Verus Corporation 5,100.00

Voyageurs Communications, Inc 2,045.03

29 Payments less than2000 18,800.41

Final Total: 183,107.35

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

Approve Rinke Noonan Rates

Motion

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

Approval of Snowmobile Grant-in-Aid 

Motion

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

Approve Affidavit of Lost Warrant

Motion

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

Museum Update

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

Public Works

Update

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

Add to Agenda

Motion

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

Permission to Bid

Motion

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

LRIP Support Resolution

Resolution

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

LOCAL ROAD IMPROVEMENT PROGRAM

LAKE OF THE WOODS COUNTY SPONSORING AGENCY

For Eighth Ave South East, City of Baudette Project

Resolution No. 2023-11-03

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

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

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

Transfer Vehicle to the Assessor’s office

Motion

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

MIS Update

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

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for MIS following the regular board meeting on December 12, 2023.

Hoffman, Philipp, & Martell, PLLC

Audit Exit Review

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

Add to Agenda

Motion

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

Set Work Session

Motion

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

Feedlot Plan Approval

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

Motion

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

Sheriff

Department of Health Grant

Motion

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

Approval of ATV Grant

Motion

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

Approval of Snowmobile Grant

Motion

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

Con-Con Fund Application Review

Lake of the Woods County Development Year 2024

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

Motion

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

Adjourn

Motion

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

Attest: December 12, 2023

______________________________ _________________________________

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

November 14, 2023

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the agenda with the following changes: Add: Rainy River Liquor License, Cigarette License, Cost Allocation Plan, and  Lakewood Nursing Contract.

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

Home Health Task Force

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

Closed Session-Attorney Client Privilege

Resolution

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

RESOLUTION CLOSING BOARD MEETING

Resolution NO. 23-11-01 

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

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

WHEREAS, the Agreement resolved issues prior to litigation; and 

WHEREAS, certain parties to the Agreement, namely, Northern Conservation L.L.C. and Cliffs Mining Company (jointly “Cliffs”) are seeking to modify certain terms and conditions of the Agreement; and

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

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

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

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

1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Office of Administrative Hearings matter as set forth in the recital above and any settlement proposals regarding the modifications to the Agreement requested by Cliffs, which may be made by or responded to by the Lake of the Woods County Board. 

Motion to Close/Open

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

Land & Water

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

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

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not?  Shoreland protection.

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

YES (X)  NO (  )  N/A (  )

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Why or why not?  The project will not generate liquid waste. 

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

Why or why not?  No structures are part of this project. 

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

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

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

Why or why not?  The project has no relationship with public waters and water craft use.

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

YES (  )  NO (  )  N/A (X)

Why or why not?  The project does not include storage tanks.

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

YES (  )  NO (  )  N/A (X)

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

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

YES (  )  NO (  )  N/A (X)

Why or why not?  No signs are associated with this project. 

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

Why or why not?  No additional traffic is associated with this project. 

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

The specific conditions of approval are as follows: _________________________________________________________

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

November 14, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Recess

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

Human Resources

Permission to Hire Social Services Intern

Motion

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

Permission to Advertise, Interview, & Hire

Motion

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

Add to Agenda

Motion

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

Donation of Sick Leave

Motion

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

Northwest Community Action

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

Auditor/Treasurer

Claims

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Barr Engineering Co. 3,973.00

Cenex Co-Op Services, Inc. 16,977.85

DSC Communications 10,777.20

Erickson Engineering Company, LLC 6,427.00

Hoffman, Philipp & Martell, PLLC 9,890.00

Howard’s Oil Company 6,572.23

Interstate Billing Service Inc 2,475.37

John Deere Financial 2,858.41

KGM Contractors Inc 47,000.00

Lake Superior College 2,200.00

LOW Highway Dept 8,677.15

Mar-Kit Landfill 13,630.75

Marco Technologies LLC 4,136.36

Moren/Law Offices Of Patrick D 8,882.20

Naylor Heating & Refrigeration LLC 6,884.85

Pennington County Sheriff Office 21,253.26

Pomp’s Tire-Thief River Falls 20,804.11

R & Q Trucking, Inc 4,277.00

Verus Corporation 9,175.00

Wex Bank 2,585.45

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

Woody’s Service 2,158.41

Ziegler, Inc 13,970.69

61 Payments less than 2000 32,810.93

Final Total: 271,284.72

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

Approve 2024 Appropriation Grant

Resolution

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

SFY 2024 Special Appropriation Grant

Resolution NO. 23-11-02

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

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

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

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

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

Lakewood Nursing Services Agreement 

Motion

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

Cost Allocation

Motion

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

Liquor License- Rainy River Resort

Motion

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

Cigarette License-Midwest Dabbin Cabin by Matthew Winskowski

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

Public Works

Updates

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

Add to Agenda

Motion

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

Auction Bid Awards

Motion

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

Approve final payment SAP 039-622-008 KGM

Motion

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

Permission to Hire Seasonal Employee

Motion

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

MIS

Firewall Purchase

Motion

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

Approve Painting Quote

Motion

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

Adjourn

Motion

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

Attest: November 28, 2023

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Commissioner Jon Waibel

November 29,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, November 29, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

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

Approval of Minutes

Motion

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

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $4,225.01; Commissioners Warrants $3,935.48; Commissioners Warrants $18,129.92.

Joining the Meeting

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

Auditor/Treasurer

Claims

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $18,846.51; Road & Bridge $28,998.82; County Development $380.00; Solid Waste $19,696.26. 

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Baudette/City Of 6,000.00

Election Systems & Software, Inc 2,961.72

Gilson Co, Inc. 9,307.81

Integris LLC 4,550.00

Koochiching Co Treasurer 2,500.00

North East Technical Service,Inc 13,177.76

Pb Distributing Inc 3,066.40

Quadient Finance USA Inc. 2,000.00

Titan Machinery – Roseau 3,334.28

U.S. Bank Equipment Finance 6,268.50

33 Payments less than 2000 14,755.12

Final Total: 67,921.59

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

Auditors Contract Renewal

Motion

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

AIRMED Guardian Flight Contract Renewal

Motion

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

Community Health Services Joint Powers Agreement

Motion

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

Snowmobile Grant-in-Aid Program

Motion

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

Public Works

Highway

Permission to Bid Project SAP 039-598-071

Motion

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

Vehicle Purchase

Motion

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

Roseau County Engineer Contract

Motion

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

Solid Waste

MPCA Permit Meeting

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

Land & Water

Consideration of a Suspension/Revocation of CUP

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

Correspondence

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

RECESS

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

Attest: December 13, 2022

______________________________ _________________________________

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

COMMISSIONER PROCEEDINGS

November 15,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, November 15, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

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

Approval of Minutes

Motion

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

Social Services

Claims

Motion

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

Auditor/Treasurer

Claims

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

ARRO of the North, LLC 2,200.00

Baudette/City Of 4,919.00

Cenex Co-Op Services, Inc. 19,744.26

DSC Communications 2,158.00

Government Management Group, Inc 3,750.00

Hoffman, Philipp & Martell, PLLC 8,325.00

Howard’s Oil Company 7,514.38

Integris LLC 12,027.36

Liberty Tire Recycling, LLC 4,120.00

LOW County Auditor-Treasurer 60,000.00

LOW Highway Dept 2,867.50

Mar-Kit Landfill 13,451.50

Motorola Solutions, Inc 6,594.50

Msop-Mn Sex Offender Prgrm-462 2,616.90

Nordlof/Tanner 4,028.80

Northern Light Region 3,391.00

Powerplan 2,679.00

R & Q Trucking, Inc 3,055.00

Royal Tire Inc 5,154.83

SeaChange Print Innovations 2,127.34

Tyler Technologies, Inc 4,312.50

84 Payments less than 2000 34,569.61

Final Total: 209,606.48

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

Set Work Session

Motion

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

Lake of the Woods Food Shelf

Motion

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

Rainy River Resort Liquor License

Motion

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

Land Lease

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

Motion

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

Approval of Bid 

Motion

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

Public Works

Highway

Final SAP 039-599-001

Motion

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

Todd F. Retirement

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

Permission to Advertise, Interview, & Hire

Motion

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

FEMA

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

Permission to Hire 

Motion

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

Solid Waste

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

Sheriff

Government Center North 

Motion

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

Land & Water

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

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

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

Motion

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )
   1. Why or why not? Rural Residential development.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
   1. YES (  )  NO (  )  N/A (X)
   2. Why or why not? ____________________________________________________________________
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A (X)
   1. Why or why not? ____________________________________________________________________
4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (  )  N/A (X)
   1. Why or why not? ____________________________________________________________________
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A (X)
   1. Why or why not?____________________________________________________________________
6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (  )  NO (  )  N/A (X)
   1. Why or why not? ____________________________________________________________________
7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  )
   1. Why or why not? Access via 44^th Street NW.
8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  )
   1. Why or why not? Rural residential.
9. Does the project proposal have a reasonable need to be in a shoreland location?
   1. YES (  )  NO (  )  N/A (X)
   2. Why or why not? ____________________________________________________________________
10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (X)  NO (  )  N/A (  )
    1. Why or why not? Sized for a 5-bedroom dwelling.
11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)
    1. Why or why not? ____________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES (X)  NO (  )  N/A (  )
    1. Why or why not? Private well and septic.
13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)
    1. Why or why not? ____________________________________________________________________
14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES (  )  NO (  )  N/A (X)
    1. Why or why not? ____________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
    1. YES (  )  NO (  )  N/A (X)
    2. Why or why not? Not necessary.
16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 
    1. YES (  )  NO (  )  N/A (X)
    2. Why or why not? Not planned or needed.
17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (X)  NO (  )  N/A (  )
    1. Why or why not?  On-site parking.

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

The specific conditions of approval are as follows:

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

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

November 15, 2022 _____________________________________

Date James Nordlof

Chair, County Board

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

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

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

Motion

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )
   1. Why or why not?  Resort development, additional safe harbor.
2.  Is the project proposal consistent with maintaining the public health, safety, and welfare?
   1. YES (  )  NO (  )  N/A (X)
   2. Why or why not?  _______________________________________________________________________
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (X) NO (  )  N/A (  )
   1. Why or why not?  Oversight by DNR and Corps of Engineers, permits all in place.
4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (X)  N/A (  )
   1. Why or why not?  They will be affected but has been permitted. 
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (X)  NO (  )  N/A (  )
   1. Why or why not?  Shoreline of Lake of the Woods.
6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (X)  NO (  )  N/A (  )
   1. Why or why not?  Via DNR and Corps permits and design.
7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  )
   1. Why or why not? Access via County Road 17.
8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  )
   1. Why or why not?  Resort area.
9. Does the project proposal have a reasonable need to be in a shoreland location? YES (X)  NO (  )  N/A (  )
   1. Why or why not?  Creation of a safe harbor.
10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)
    1. Why or why not? _______________________________________________________________________
11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)
    1. Why or why not? _______________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES (  )  NO (  )  N/A (X)
    1. Why or why not?  _______________________________________________________________________
13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (X)  NO (  )  N/A (  )
    1. Why or why not?  Campsite boats are already using lake and permit limits number of slips in harbor.
14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES (  )  NO (  )  N/A (X)
    1. Why or why not? _______________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
    1. YES (  )  NO (X)  N/A (  )
    2. Why or why not?  None needed.
16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 
    1. YES (  )  NO (X)  N/A (  )
    2. Why or why not? None needed.
17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (  )  NO (X)  N/A (  )
    1. Why or why not?  No new traffic.

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

The specific conditions of approval are as follows:

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

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

November 15, 2022 _____________________________________

Date James Nordlof

Chair, County Board

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

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

Lot 1, Block 3 River Oaks Plat, Section One (1), Township One hundred Sixty-one (161) North, Range Thirty-two (32) West — Parcel ID# 23.52.03.010. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a Short-Term Vacation Rental in a Residential Development (R1) Zoning District within the shoreland area of the Rainy River. The Rainy River is an Agricultural River Segment.

Motion

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

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a Short-Term Vacation Rental in a Residential Development (R1) Zoning District.

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )
   1. Why or why not? Within the growth corridor, vacation rental.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
   1. YES (  )  NO (  )  N/A (X)
   2. Why or why not? _______________________________________________________________________
3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A (X)
   1. Why or why not? _______________________________________________________________________
4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (  )  N/A (X)
   1. Why or why not? _______________________________________________________________________
5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A (X)
   1. Why or why not?_______________________________________________________________________
6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (  )  NO (  )  N/A (X)
   1. Why or why not? _______________________________________________________________________
7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  )
   1. Why or why not? Access via Oak Harbor Drive.
8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  )
   1. Why or why not? Residential and commercial.
9. Does the project proposal have a reasonable need to be in a shoreland location? YES (  )  NO (  )  N/A (X)
   1. Why or why not? _______________________________________________________________________
10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (X)  NO (  )  N/A (  )
    1. Why or why not? But needs to be upgraded.
11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)
    1. Why or why not? _______________________________________________________________________
12. Is the site adequate for water supply and on-site sewage treatment systems? YES (X)  NO (  )  N/A (  )
    1. Why or why not? Private well and septic system.
13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)
    1. Why or why not? _______________________________________________________________________
14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES (  )  NO (  )  N/A (X)
    1. Why or why not? _______________________________________________________________________
15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
    1. YES (  )  NO (  )  N/A (X)
    2. Why or why not? _______________________________________________________________________
16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 
    1. YES (  )  NO (  )  N/A (X)
    2. Why or why not? _______________________________________________________________________
17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (X)  NO (  )  N/A (  )
    1. Why or why not?  On-site parking.

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

The specific conditions of approval are as follows:

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

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

November 15, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

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

HOFFMAN, PHILIPP and MARTELL, PLLC
Audit Exit Review

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

RECESS

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

Attest: November 29, 2022

______________________________ _________________________________

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

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 31^st 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 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. 

3. 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.

4. 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.

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

Why or why not? This project location is not along a river or tributary; however, the project is likely within the floodway 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 (  )

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.

7. 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.

8. 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.

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

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

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

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

11. 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.

12. 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.

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

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

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

YES (  )  NO (  )  N/A (X)

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

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

YES (  )  NO (  )  N/A (X)

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

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

Why or why not? 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:

6. The nutrient impairment of Lake of the Woods.
7. Shoreland stabilization projects to prevent further erosion of shoreline which reduces or eliminates sedimentation and excess nutrients entering Lake of the Woods.
8. 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.
9. 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.
10. 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