October 26, 2021

October 26, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 26, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Roseau & Lake of the Woods Sportsman’s Club; Natural Resource Block Grant – Land & Water Josh Stromlund; Correspondence – Quiet Title Action and Remove:  LOW SWCD.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of October 12, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $12,434.93; Commissioners Warrants $1,957.03; Commissioners Warrants $18,649.28.       

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $19,648.69; Road & Bridge $29,358.12; County Development $245.00; Solid Waste $50,018.19; EDA $835.14. 

 WARRANTS FOR PUBLICATION

Warrants Approved On 10/26/2021 For Payment 10/29/2021

Vendor Name Amount

Compass Minerals America 9,663.36

Compudyne, Inc 3,759.00

Extreme Duty Ironworks 2,250.00

Forks Freightliner 5,584.29

North East Technical Service,Inc 24,826.75

R & Q Trucking, Inc 5,665.00

Short Elliott Hendrickson, Inc 12,398.13

Titan Energy Systems, Inc 2,926.10

U.S. Bank Equipment Finance 6,268.50

WSB 6,214.25

43 Payments less than 2000 20,549.76

Final Total: 100,105.14

Further moved to authorize the payment of the following auditor warrants: October 13, 2021 for $38,949.93; October 14, 2021 for $244,396.88; October 14, 2021 for $(490.50) and October 20, 2021 for $13,246.57.

Insurance Caps

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to set the 2022 county contribution for family health insurance up to $1,320.00 per month and single health insurance up to $970.00 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.

Resolution – Operational Enhancement Grant Program

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously, the following:

RESOLUTION OF LAKE OF THE WOODS COUNTY 

Operational Enhancement Grant Program

RESOLUTION NO. 2021-10-05

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the 

attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Statutes 197.608 and Minnesota Laws 2021, 1st Special Session, Chapter 12, Article 1, Section 37, Subdivision 2..  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.  

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 26th day of October, 2021.

Flu Vaccine Clinic for County Employees
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to allow all county employees to receive a flu shot at the expense of the county.  The flu vaccine clinic will be scheduled with CHI LakeWood Health and held at the Lake of the Woods Government Center.  

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the application and affidavit for lost warrant number 36133 for vendor number 5932 dated February 26, 2021 for $275.68 without furnishing indemnifying bond. 

Department of Corrections-

District Supervisor Marc Bloomquist of the Department of Correction updated the County Board on the many programs they provide for the county.  He discussed their budgets and how they would be decreasing due to changes within and had funding ideas for the future.  He will come back to the board at a later date with more information.

JOINING THE MEETING

Commissioner Jon Waibel arrived at the meeting at 10:00 a.m.

Veterans Home-

Beltrami County Veterans Service Officer, Scotty Allison and Veterans Liaison, Joe Vene met with the board to update the board on the New Veterans Home that will be built in Bemidji. Joe Vene started the presentation by singing the National Anthem to the group.  They thanked the board for their contribution the County Board had made a few years ago and presented a pamphlet of what the home will look like.  The plans are to have it finished by the summer of 2023.

County Assessor
Appointment

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the intent to offer the appointment of the County Assessor position to Alisa Jacobson on January 28, 2022, upon the retirement of County Assessor Mary Jo Otten on January 27, 2022.

Advertisement, Interview & Hire

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the creation of two job positions for review and approval, prior to advertising.    Human Resource Director, Savanna Slick would come back to the board when they were ready.

MN DNR-Scott Laudenslager-

Minnesota Department of Natural Resources Area Wildlife Supervisor Scott Laudenslager shared information with the Board on three parcels of land, that connect to the Minnesota Department of Natural Resources (MNDNR) Carp Swamp Wildlife Management Area (WMA).  The MNDNR is interested in acquiring the land, totaling 1297.25 acres, to add to the Carp Swamp WMA.  He was requesting the County Board’s approval to receive donated land. Private land owner, Jacquelyn Paschke attended by phone.  Scott was going to get back to the board with more information at a later date.   No Board decision was made at this time.

Roseau & Lake of the Woods Sportsman’s Club-

Miles Hoganson representing the Roseau & Lake of the Woods Sportsman’s Club attended the meeting.  He reviewed with the board how this club maintains ATV recreational trails in both Roseau and Lake of the Woods County.   He was looking for a contribution to help purchase a Swing Arm Brush Cutter at the cost of $16,500. He mentioned he had already been to the Roseau County Board and they agreed to contribute towards this.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to contribute $7,501 towards the purchase of a Swing Arm Brush Cutter, from the Con Con funds.

PUBLIC WORKS

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 that they had found a place to take the fish entrails for the winter.

LEGISLATORS

Senator Paul Utke and Representative Matt Grossell provided an update to the County Board.

RECESS
The board recessed at 12:00 p.m. and reconvened at 1:15 p.m. with the following:

LAND AND WATER PLANNING
Natural Resource Block Grant

Land and Water Planning Director, Josh Stromlund met with the Board and presented the 2022 – 2023 Natural Resource Block Grant in the amount of $185,000.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously approve the 2022 -2023 Natural Resource Block Grant in the amount of $185,000.

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 Preliminary Plat of Driftwood Acres by L&S Investing, LLC, Parcel ID# 24.07.32.009. A tract of land located in Government Lots Three (3), Four (4) and Five (5) all within Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West.  Applicant is requesting to create twelve (12) tracts for a residential development.  The Rainy River is an Agricultural River segment.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Preliminary Plat of Driftwood Acres by L&S Investing, LLC, Parcel # 24.0732.009.  A tract of land located in Government Lots Three (3), Four (4) and Five (5) all within Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West.  Applicant is requesting to create twelve (12) tracts for a residential development.  The Rainy River is an Agricultural River segment; with the following conditions;

  1. The structures on proposed Lots 5 and 7, which currently do not meet the required 100-foot setback from the Rainy River, must be moved to meet the required 100-foot setback.
  2. Clarification on 26th Ave NW Right-of-Way (ROW).
  3. Work with Public Works Department on addressing encroachment issues on proposed Lot 1.  The encroachment issues would be the bituminous and drainage ditch.

Consideration of Zone Change #21-02ZC by MLK Rentals, LLC:

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-02ZC by MLK Rentals, LLC: Part of Outlot A Birch Acres, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (332) – Parcel ID# 19.61.50.0200. Applicant is requesting a zone change from a Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-02ZC by MLK Rentals LLC requesting a zone change from a Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Info
Name of Applicant:MLK Rentals, LLCDate:10-26-2021
Location/Legal Description:Part of Outlot A, Birch Acres, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R1)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.61.50.020Application Number:21-02ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Commercial Corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Adjoining businesses (on Conditional Use Permit)
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:No change or improvement
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:No additional services needed
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:Will not impede – no change
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:Increased business activity (Conditional Use Permits)

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:No change
Conditions: 

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-03ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-03ZC by MLK Holding Company, Inc.:  the West 100 feet of the W1/2NE1/14, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (332) – Parcel ID# 19.24.12.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  The property is currently being used a part of a storage area and for lake access.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-03ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLK Holding Company, IncDate:10-26-2021
Location/Legal Description:The West 100 feet of the W1/2NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.010Application Number:21-03ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Within commercial corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Lake access
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:Lake access through wooded area – no change
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:No change 
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None needed
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:Will not impede
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:Was covered by Conditional Use Permit (CUP) in the past

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:No change
Conditions: 

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-04ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-04ZC by MLK Holding Company, Inc.:  The East 200 feet of the West 400 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.020. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property. The property is currently being for fish house storage.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-04ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLK Holding Company, IncDate:10-26-2021
Location/Legal Description:The East 200 feet of the West 400 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.020Application Number:21-04ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Currently Conditional Use Permit (CUP)
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:No change 
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:No change
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:No change
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:More commercial activity

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:No change
Conditions: 

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-5ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-05ZC by MLK Holding Company, Inc.:  The West 100 feet of the SW1/4SE1/4, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.13.43.010.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-05ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLK Holding Company, IncDate:10-26-2021
Location/Legal Description:The West 100 feet of the SW1/4SE1/4, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.13.43.010Application Number:21-05ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Within commercial corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Lake access
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:Lake access through wooded area – no change
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:No change 
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None needed
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:Will not impede
  1. Has there been a change in the development in the general area of the property in questions?

___Yes __X_No

Comments:Was covered by Conditional Use Permit (CUP) in the past

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:No change
Conditions: 

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-06ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-06ZC by MLT&T, LLC:  Part of the W1/2NE1/4, Less deeded, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.000.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-06ZC for MLT&T, LLC, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLT&T, LLCDate:10-26-2021
Location/Legal Description:Part of the W1/2NE1/4, Less deeded, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.000Application Number:21-06ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:In growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Commercial to East & Conditional Use Permit (CUP) on property currently
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:No change
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:No change – Current Conditional Use Permit (CUP) 
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None needed
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:Will not impede
  1. Has there been a change in the development in the general area of the property in questions?

___Yes __X_No

Comments:No – currently a Conditional Use Permit (CUP) business

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:No change
Conditions: 

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-07ZC by MLT&T LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-07ZC by MLT&T LLC:  A tract of land lying within Government Lot 1, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.11.000.  Applicant is requesting a zone change from a Rural Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to deny the following Findings of Fact/Rezoning Change #21-07ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without special conditions.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLT&T, LLCDate:10-26-2021
Location/Legal Description:A tract of land lying within Government Lot 1, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R1)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.11.000Application Number:21-07ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Commercial corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Commercial adjoining
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None needed at this time
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:Will not impede
  1. Has there been a change in the development in the general area of the property in questions?

___Yes __X_No

Comments:Not recently

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:No change
Conditions: 

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-08ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-08ZC by MLT&T, LLC:  The East 110 feet of the West 793 feet of the South 266 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.040.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-08ZC for MLT&T, LLC, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLT&T, LLCDate:10-26-2021
Location/Legal Description:The East 110 feet of the West 793 feet of the South 266 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.040Application Number:21-08ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Conditional Use Permit (CUP) to the North
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:Single cabin
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:No change
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None needed
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:Will not impede
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:Increase in commercial activity recently

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:No change
Conditions: 

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-09ZC by MLT&T, LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-09ZC by MLT&T, LLC:  The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.13.43.000.  Applicant is requesting a zone change from a Rural Residential (R2), Special Protection (SP), and Residential (R1) Districts to a Commercial-Recreation (CR) District for the purposes of allowing commercial activity on the property.  Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-09ZC for MLT&T, LLC requesting a zone change from a Rural Residential (R2), Special rotection (SP), and Residential (RR1) Districts to a Commercial-Recreation (CR District for the purposes of allowing commercial activity on the property with the following conditions:

  1. The SW1/4SE1/4 Zone Commercial Recreational (CR) Government Lot #5 to remain Special Protection (SP) and Residential Development (R1)

 Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLT&T, LLCDate:10-26-2021
Location/Legal Description:The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Rural Residential (R2), Special Protection (SP), and Residential (R1) DistrictsProposed:Commercial-Recreational (CR)
Parcel Number(s):19.13.43.000Application Number:21-09ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Conditional Use Permit (CUP) to the South
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:None at this time
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:
  1. Has there been a change in the development in the general area of the property in questions?

___Yes __X_No

Comments:

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:
Conditions: SW¼ SE ¼ Zone Commercial Recreational (CR)
Government Lot #5 to remain Special Protection (SP) and Residential Development (R1)

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Zone Change #21-10ZC by MLK Holding Company, Inc

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Zone Change #21-10ZC by MLK Holding Company, Inc: The East 100 feet of the West 200 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.011.  Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.  

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact/Rezoning Change #21-10ZC for MLK Holding Company, requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property without conditions:

 Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:MLK Holding Company, IncDate:10-26-2021
Location/Legal Description:The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32)
Current Zoning Classification:Rural Residential (R2)Proposed:Commercial-Recreational (CR)
Parcel Number(s):19.24.12.011Application Number:21-10ZC

The County Board of Commissioners shall consider all facts from all sources prior to rendering a decision relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.

  1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?

_X_Yes ___No

Comments:Growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

__X_Yes ___No

Comments:Currently Conditional Use Permit (CUP)
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes _X__No

Comments:
  1. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?

___Yes __X_No

Comments:No change
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___Yes __X_No

Comments:No change
  1. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?

___Yes __X_No

Comments:No change
  1. Has there been a change in the development in the general area of the property in questions?

__X_Yes ___No

Comments:More commercial activity

8.   Will the zone change have a negative effect on property values in the neighborhood?

___Yes __X_No

Comments:No change
Conditions: 

The Lake of the Woods County Board of Commissioners hereby DENIES / APPROVES the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ ____10-26-2021__________

Joe Grund Date

Chair, County Board of Commissioners

Consideration of Conditional Use Permit #21-14CU by Sean Westman

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-14CU by Sean Westman:  The Southwest Quarter of the Northeast Quarter (SW1/4NE1/4 SE1/4) in Section Twenty-six (26), Township One Hundred Sixty-twoo (62) North Range Thirty-two (32) West- Parcel ID# 19.26.41.040. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance, to allow the storage of commercial winter ice fishing equipment including more than five (5) fish houses in a Rural Residential (R2) district.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #21-14CU for Sean Westman to allow more that five (5) fish houses in a Rural Residential (R2) district with the following conditions:

  1.  Cannot see fish houses from outside property during summer leaf on conditions
  2. Houses must be Twenty (20) feet from property lines to protect neighbor’s property
  3. No more than Twenty (20) stored fish houses on this parcel
  4. No habitation during storage

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Sean Westman Date:  10-26-2021 

Location/Legal Description: The Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW1/4NE1/4SE1/4) in Section Twenty-six (26), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West 

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 allow the storage of commercial winter ice fishing equipment including more than five (5) fish houses in a Rural Residential (R2) district.

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

Why or why not?  Growth corridor__________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not?  _________________________________________________________

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

Why or why not?  ________________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? Highway 172___________________________________________

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

Why or why not? Residential Development (R1) and Rural Residential (R2)________

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

YES ( )  NO (  )  N/A (X )

Why or why not?  _______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

YES (X)  NO (  )  N/A ( )

Why or why not? Must maintain vegetative screen____________________________

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

YES ( )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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

YES ( )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

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. Cannot see fish houses from outside property during summer leaf on conditions
  2. Houses must be Twenty (20) feet from property lines to protect neighbor’s property
  3. No more than Twenty (20) stored fish houses on this parcel
  4. No habitation during storage

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

10-26-2021_______ _____________________________________

Date Joseph Grund

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

Maintenance
Generator

Peder Hovland, IT / Maintenance Director met with the board regarding the 911 generator.  He had the annual maintenance on the generator done and there was water found in the diesel fuel that needs to be drained and also the hoses need to be replaced.  The board asked Pete to do some more research and get back to them.

LEAVING THE MEETING

Commissioner Jon Waibel left the meeting at 3:00 p.m.

Union Negotiations
Motion

Motion was made by Commissioner Ed Arnesen, 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:  Ed Arnesen, Buck Nordlof, Cody Hasbargen and Joe Grund; Absent was Commissioner Jon Waibel.  Also present was Auditor/Treasurer Lorene Hanson, Attorney Jim Austad and Human Resources Director Savanna Slick.

Motion

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

Correspondence
The Board reviewed the following correspondence: 

  1. Koochiching County – Charging Network – 
  2. Quiet Title Action

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 4:00 p.m.

Attest: November 9, 2021

_________________________________ _________________________________

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

October 26, 2021

Tuesday, October 26, 2021

TIME TAB

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

Approve Agenda
Approve the Minutes of October 9, 2021 

9:05 a.m. #2 Social Services 

  • Claims

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

  • Claims 
  • Insurance Caps
  • Resolution – Veteran’s Grant
  • Flu Shots 
  • Affidavit of Lost Warrant

9:15 a.m. #4 Marc Bloomquist, Department of Corrections

  • Specialty Courts, Probation, Funding Ideas/Future

9:45 a.m. #5 Assessor

  • Appointment
  • Advertisement, Interview & Hire

10:00 a.m. #6 Scotty Allison, Veterans Home – Bemidji 

  • Update

10:15 a.m. #7 MN DNR – Scott Laudenslager

  • Land Acquisition

10:45 a.m. #8 LOW SWCD- Mike Hirst

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

11:15 a.m. #9 Public Works

  • Highway
    • Update
  • Solid Waste

11:30 a.m. #10 Legislators

  • Senator Paul Utke
  • Representative Matt Grossell

12:00 p.m. #11 Lunch

1:00 p.m. #12 Land and Water Planning

  • Consideration of Preliminary Plat of

Driftwood Acres by L&S Investing, LLC, Parcel ID 24.07.32.009

  • Consideration of Zone Change #21-02ZC by

MLK Rentals, LLC – P#19.61.50.0200

  • Consideration of Zone Change #21-03ZC by

MLK Holding Company, Inc – P#19.24.12.010

  • Consideration of Zone Change #21-04ZC by

MLK Holding Company, Inc – P#19.24.12.020

  • Consideration of Zone Change #21-05ZC by

MLK Holding Company, Inc – P#19.13.43.010

  • Consideration of Zone Change #21-06ZC by

MLT&T, LLC – P#19.24.12.000

  • Consideration of Zone Change #21-07ZC by

MLT&T, LLC – P#19.24.11.000

  • Consideration of Zone Change #21-08ZC by

MLT&T, LLC – P#19.24.12.040

  • Consideration of Zone Change #21-09ZC by

MLT&T, LLC – P#19.13.43.000

  • Consideration of Zone Change #21-10ZC by

MLK Holding Company, Inc – P#19.24.12.011

  • Consideration Conditional Use Permit #21-14CU by

Sean Westman – P#19.26.41.040

 2:00 p.m. #13 Hoffman, Philipp & Martell, PLLC 

  • Audit Exit

 2:30 p.m. #14 Maintenance

  • Generator

 2:45 p.m. #15 Union Negotiations

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

3:15 p.m. #16 Recess

Correspondence: Koochiching County – Charging Network

Old/New Business

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

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

October 12, 2021

October 12, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 12, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with the following changes: Add: Gambling Permit/Auditor-Treasurer; Remove: Land& Water Planning.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the official and summarized minutes of September 28, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the following claims: Commissioners Warrants $8,698.32; Commissioners Warrants $3,028.56; Commissioners Warrants $7,538.03.       

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 $66,674.49; Road & Bridge $27,117.11; County Development $312.17; Solid Waste $27,423.43; EDA $6,752.78. 

WARRANTS FOR PUBLICATION

Warrants Approved On 10/12/2021 For Payment 10/15/202

Vendor Name Amount

Agassiz Asphalt LLC 2,400.00

Cenex Co-Op Services, Inc. 12,092.07

Compudyne, Inc 2,371.42

Counties Providing Technology 3,926.97

Farmers Union Oil Co. 2,546.80

Headwaters Regional Development Commiss 6,708.22

Howard’s Oil Company 7,904.71

LOW Highway Dept 4,292.50

LOW Soil & Water Cons. Dist. 28,572.00

Mar-Kit Landfill 15,417.25

Motorola Solutions, Inc 3,336.10

Royal Tire Inc 4,301.84

University Of Mn 9,407.00

Voyageurs Comtronics, Inc 4,298.68

Woody’s Service 2,468.25

40 Payments less than 2000 18,236.17

Final Total: 128,279.98

Further moved to authorize the payment of the following auditor warrants: September 29, 2021 for $861,144.86; October 5, 2021 for $1.00; October 5, 2021 for $20,328.73 and October 10, 2021 for $167,887.01.

LexisNexis VitalChek Network Inc
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve an agreement with LexisNexis VitalChek Network Inc for credit card acceptance for the benefit of the Motor Vehicle and Driver’s License Services.

Insurance Caps

2022 Health Insurance Premiums and Caps were discussed.  The County Auditor/Treasurer was directed to do some more research and bring it back to the board for their next meeting.

Resolution – Set Public Hearing Date / Intent to Appoint Auditor/Treasurer

Resolution

The following resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call, the following:

RESOLUTION FOR INTENT OF APPOINTMENT OF THE OFFICE OF 

AUDITOR-TREASURER

RESOLUTION NO. 2021-10-01

WHEREAS; Minn. Stat. 375A.1205 allows a County Board to appoint certain offices including the County Auditor-Treasurer; and 

WHEREAS; the Lake of the Woods County Board of Commissioners recognizes the benefit to having appointed persons in the position of the County Auditor-Treasurer because it promotes efficiency and consistency of County business with individuals qualified to oversee a broad spectrum of complex issues within the Auditor-Treasurer’s Office; and 

WHEREAS; pursuant to Minn. Stat. 375A.1205, Subd. 1, the County Board intends to appoint a County Auditor-Treasurer under circumstances that there is a signed contract with the County Board and incumbent Auditor-Treasurer that the incumbent officer will be appointed to the position and retain tenure, pay, and benefits equal to or greater than length of service.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby notifies the public of its intent to appoint the office of County-Auditor-Treasurer; and

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners will hold a Public Hearing on Tuesday, November 9, 2021 at 10:00 a.m., during its regular board meeting regarding appointment of the Auditor-Treasurer with said appointment taking place by signed contract with the incumbent Auditor-Treasurer.

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the application and affidavit for lost warrant number 36085 for vendor number 6118 dated February 12, 2021 for $700.00 without furnishing indemnifying bond. 

Application for Exempt Gambling Permit

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously by roll call, the following:

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 21-10-02

WHEREAS; the National Wild Turkey Federation Struttin’ Blackbeards Chapter has submitted a Minnesota Lawful Gambling LG220 Application to Conduct Off-Site Gambling to be conducted on February 12, 2022, at the following establishment, which is located in Lake of the Woods County: River Bend Resort at the following address:

 3343 Red Oak Road 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.

PUBLIC WORKS

Highway

Regulating Parking on Main Avenue (CSAH 22)

Resolution

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

Resolution

Regulating Parking on Main Avenue (CSAH 22)  

Resolution No. 2021-10-03

WHEREAS, Lake of the Woods County Board has identified that diagonal parking shall be required on Main Avenue (CSAH 22) on the East side between First Street SE and Second Street NE.  Every vehicle parked on said avenue shall be parked with the front of the vehicle facing the curb at an angle of approximately 45 degrees, and;

WHEREAS, Lake of the Woods County Board has identified Parallel parking shall be required on Main Avenue (CSAH 22) on the West side between First Street SE and Second Street NE, and;

WHEREAS, Lake of the Woods County Board has identified any vehicle parking on the heretofore described avenue in violation of the designated parking area and shall constitute an obstruction to traffic.

NOW, THERFORE BE IT RESOLVED that the Lake of the Woods County Board recognizes this Parking Resolution effective as of Tuesday, October 12, 2021. 

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 MPCA update.  

County Surveyor

Add to Agenda:
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to add, County Surveyor to the Agenda.

Update

County Surveyor, Chad Conner provided an update on the projects he has been working on.

RECESS
The board recessed at 10:15 a.m. and reconvened at 7:00 p.m. with the following:

PUBLIC HEARING
Peter Jones Cartway 

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to close the regular meeting at 7:00 p.m. and open the Public Hearing for the Cartway-Public Hearing. (Pursuant to MN Statute 164.08 to establish a Cartway.)

The following were present:  Commissioners:  Ed Arnesen, Cody Hasbargen, Buck Nordlof, Joe Grund and Jon Waibel.  Other County Employees were:  County Auditor/Treasurer Lorene Hanson, County Attorney, Jim Austad and County Engineer AJ Pirkl.  In addition, attending the Public Hearing were: Attorney Steven Anderson, Terry Brown, David Bathel, Brandy Christian, Tim Lyon, Attorney Alan Fish.

Attorney Steven Anderson representing Peter R. Jones, explained the procedures of establishing a cartway.  A petition was received from Petitioners:  Peter R. Jones (PID 19-2521-040) for a cartway to access landlocked property.  Attorney Steven Anderson acknowledged that the property is at least 5 acres and is landlocked. The County received the Certificate of Service for the affected land owners and the Affidavit of Service by U.S. Mail for neighbors of the proposed cartway. The County did post the public hearing as required.  

Attorney Steven Anderson stated that the petition seeks to establish a cartway pursuant to Minnesota Statute 164.08.  The description of the proposed cartway is: 

The West two (2) rods of the East 44 feet of the SW¼ NW¼, Section 25, Township 162 North, Range 32 West; and 

Commencing at the southeast corner of the S½ SE¼ NW¼ NW¼ of Section 25, Township 162 North, Range 32 West, thence westerly two (2) rods along the south boundary thereof to a point; thence in a north and easterly direction, along a 90 degree arc, to a point on the east boundary thereof, which point is two (2) rods north of said southeast corner; thence south along said east boundary line a distance of two (2) rods to the point of beginning;

Attorney Steve Anderson informed the County Board that the petitioner has tried to obtain easements, but to date, has not been able to and would like to proceed with the Cartway.
The County Board reviewed the cartway request and heard comments from parties involved.  The County Board has researched alternative options and would like to research further.  Alternative options would be allowed if the County Board would find the alternative route to be:  less disruptive and damaging to the affected landowners and in the public’s interest.  

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the Public Hearing at 8:50 p.m. and reconvene the regular county board meeting.

Cartway Resolution

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

Resolution 

Acknowledging Entitlement of Cartway and 

Requiring a Bond or Other Security on a Cartway Proceeding

Resolution No. 2021-10-04

WHEREAS, the Lake of the Woods County Board of Commissioners, “Board” acting as the Wheeler township board, has received a cartway petition pursuant to Minn. Stat. § 164.08, subd. 2, from Peter R. Jones, “Petitioner” in which the petitioner asks the County Board to establish a cartway to their property across the lands of others; and

WHEREAS, the Petitioner is required to pay all costs associated with the establishment of a Cartway including, but not limited to compensation paid to the owners whose property is made subject to the professional costs deemed necessary by the Board for the establishment;

WHEREAS, pursuant to Minn. Stat. § 164.08, subd. 2 the Board may, by resolution, require the Petitioner to post a bond or other security acceptable to the board for the total estimated damages before the town board takes action on the petition;

WHEREAS, the Board, considering costs such as attorney fees, surveyor fees, appraiser fees, property costs, recording fees, hearing costs, and other administrative costs, determines that the total estimated damages and costs associated with the establishment of the petitioned for Cartway is $10,000 at this time;

NOW, THEREFORE, BE IT RESOLVED by the Lake of the Woods County Board of Commissioners acting as the town board of Wheeler Township, Lake of the Woods County, Minnesota that Peter R. Jones as the Petitioner, must post an escrow before further action, in the amount of $10,000, which is an estimate of damages associated at this point in establishing the Cartway, with the Board before it will take further action on the petition.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 8:50 p.m.

Attest: October 26, 2021

_________________________________ _________________________________

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

October 12, 2021

 AGENDA

Tuesday, October 12, 2021

TIME TAB

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

Approve Agenda
Approve the Minutes of September 28, 2021 

9:05 a.m. #2 Social Services 

  • Claims

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

  • Claims 
  • LexisNexis VitalCheck Network Inc. Payment
    Solutions Service Agreement 
  • Insurance Caps
  • Set Public Hearing Date

Intent to Appoint Auditor/Treasurer

  • Affidavit of Lost Warrant

9:30 a.m. #4 Public Works

  • Highway
    • Update
    • Parking Reslution-CSAH23 Main Street
  • Solid Waste

9:45 am. #6 Land and Water Planning

  • Consideration of Preliminary Plat of

Driftwood Acres by L&S Investing, LLC, Parcel ID 24.07.32.009

  • Consideration of Zone Change #21-02ZC by

MLK Rentals, LLC – P#19.61.50.0200

  • Consideration of Zone Change #21-03ZC by

MLK Holding Company, Inc – P#19.24.12.010

  • Consideration of Zone Change #21-04ZC by

MLK Holding Company, Inc – P#19.24.12.020

  • Consideration of Zone Change #21-05ZC by

MLK Holding Company, Inc – P#19.13.43.010

  • Consideration of Zone Change #21-06ZC by

MLT&T, LLC – P#19.24.12.000

  • Consideration of Zone Change #21-07ZC by

MLT&T, LLC – P#19.24.11.000

  • Consideration of Zone Change #21-08ZC by

MLT&T, LLC – P#19.24.12.040

  • Consideration of Zone Change #21-09ZC by

MLT&T, LLC – P#19.13.43.000

  • Consideration of Zone Change #21-10ZC by

MLK Holding Company, Inc – P#19.24.12.011

  • Consideration Conditional Use Permit #21-14CU by

Sean Westman – P#19.26.41.040

11:00 a.m. #7  

1:00 p.m. #7 Work Session

  • Assessor’s Office

7:00 p.m. #8 Reconvene

Public Hearing

  • Peter Jones Cartway Petition

Correspondence:

Old/New Business:

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

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

October 27, 2020

AGENDA – Tuesday, October 27, 2020

TIME TAB

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

Approve Agenda

Approve the Minutes of October 13, 2020

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Health Insurance Rates

9:20 a.m. #4 Human Resources

  • Union Negotiations

9:35 a.m. #5 County Highway/Landfill 

  • Highway Update
  • Landfill Update

10:00 a.m. #6 Hoffman, Philipp and Knutson

  • Audit Exit Review


Old/New Business

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

October 27, 2020

Commissioner Proceedings

October 27, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 27, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following additions: Permission to hire temporary part-time help in the Auditor/Treasurer’s Department; Lease agreement and funding requests for Emergency Management; and Funding request for the Northwest Angle. 

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrant’s $11,897.58 Commissioners Warrant’s $3,858.62, Commissioners Warrant’s $15,867.30.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of October 13, 2020.

ATTENDANCE

Commissioner Joe Grund arrived to the meeting.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $48,682.44; Road & Bridge $364,539.59; County Development $1,039; Joint Ditch $76,154.96; Solid Waste $13,895.95, EDA $12,835.51.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/27/2020 For Payment 10/30/2020

                       Vendor Name Amount

Cenex Co-Op Services, Inc. 3,671.69

Compass Minerals America 9,542.46

Earthworks Contracting Inc 76,154.96

Element Materials Technology 32,180.00

Headwaters Regional Development Commiss 12,700.53

Mn State Dept-Correction 21,992.73

Northern Light Region 2,480.47

Quadient Finance USA Inc. 2,000.00

Royal Tire Inc 4,977.62

Shi Corp 4,826.00

U.S. Bank Equipment Finance 6,268.50

University Of Mn 6,271.34

Widseth Smith Nolting&Asst Inc 5,438.00

Ziegler, Inc 310,691.15

36 Payments less than 2000     17,952.00

     Final Total: 517,147.45

Further moved to authorize the payment of the following auditor warrants: October 14, 2020 for $37,311.44, October 21, 2020 for $12,759.05.

Health Insurance

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to set the 2021 county contribution for family health insurance up to $1,310 per month and single health insurance up to $960 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.  

Permission to Hire Temporary, Part-Time  

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to authorize County Auditor/Treasurer Lorene Hanson to hire Janet Rudd to a temporary part-time position at $27.00 per hour.

EMERGENCY MANAGEMENT

Lease Agreement

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Communications Facility Lease with the State of Minnesota Department of Transportation and for Chair Jon Waibel and Emergency Management Director Jill Olson to sign the same.

Funding Requests

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve $3,885 from the 911 Fund for a media convertor and equipment needed to create redundancy for communications.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve up to $5,200 from CARES Act funding for items needed for inmate programming in the detention room.  Due to COVID-19 there is a need for alternative programming options for inmates.

HOFFMAN, PHILIPP and KNUTSON

Audit Exit Review

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

AMEND THE AGENDA

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the amendment of the agenda to allow for a closed session.

HUMAN RESOURCES

Union Negotiations

Motion

Motion was made by Commissioner Cody Hasbargen to close the regular meeting pursuant MN Statute §13D.03 at 10:30 a.m. for union discussion.  Motion was seconded by Commissioner Ed Arnesen and the same being put to a vote was unanimously carried.

The following board members were present: Commissioners Cody Hasbargen, Ed Arnesen, Joe Grund, and Jon Waibel, others present were: County Auditor/Treasurer Lorene Hanson, Human Resources Director Savanna Slick and County Engineer AJ Pirkl.

Motion 

Motion was made by Commissioner Cody Hasbargen to close the closed session and open the regular meeting at 11:00 a.m.  Motion was seconded by Commissioner Ed Arnesen and the same being put to a vote was unanimously carried.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to offer a one-step increase effective 11/1/2020 to four union employees.

COUNTY HIGHWAY/LANDFILL

Highway 

County Engineer AJ Pirkl provided a highway update.  

  • The 1st Avenue project is not complete and work has stopped for the year, the project was scheduled to be finished September 2020.
  • The highway department will start work on culvert replacement near the golf course. 
  • The plows are ready for the snow season.
  • A public hearing for the railroad crossing closure near the Pitt Church will be held on Tuesday, December 15th at 10:30 a.m. in the Commissioners’ Room.

Landfill Update

County Engineer AJ Pirkl provided a landfill update.

  • A response was submitted to the MPCA.
  • A solid waste assessment meeting will be held on November 12.

NORTHWEST ANGLE

Funding request

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve up to $10,000 in CARES Act funding for public safety at the Northwest Angle.  The funds will be used for the ice road between Flag Island, Oak Island and the mainland, upon submission of an invoice.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 11:15 a.m. 

Attest: November 10, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Jon Waibel

October 13, 2020

AGENDA – Tuesday, October 13, 2020

TIME TAB

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

Approve Agenda

Approve the amended Minutes of September 8, 2020

Approve the Minutes of September 22, 2020

9:05 a.m. #2 Social Services

  • Claims
  • Approval of MN DHS County Grant Contract

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

  • Claims
  • Permission to Advertise/Interview/Hire
  • Appoint Election Judges
  • Approve Tobacco License
  • Operational Enhancement Grant Program
  • Williams Potato Day Donation Request
  • Flu Vaccine Clinic for County Employees

9:25 a.m. #4 County Assessor, Mary Jo Otten 

  • Reappointment

9:35 a.m. #5 Lake of the Woods Coalition, Tammie Doebler

  • Grant

9:50 a.m. #6 Human Resources

  • Permission to Hire Custodian II 
  • Approval of Public Information Request Fee Schedule

10:00 a.m. #7 Public Hearing: Abatement Request

  • Abatement Resolution

10:30 a.m. #8 Public Hearing: Amendment to Lodging Tax Ordinance  

  • Ordinance Resolution

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

  • FY2021 State of MN Board of Water & Soil Resources MPCS SSTS Program Grant Agreement

11:10 a.m. #10 Maintenance

  • Cold Storage Building

11:15 a.m. #11 County Highway/Landfill 

  • Highway
    • Approval of Crushing Bids
    • Setup a date for Railroad Crossing by Pitt Church
    • Permission to Advertise, Interview and Hire Maintenance Supervisor
    • Final of SAP 039-030-003
  • Drainage Authority
    • JD 26 Update
    • Permission for riprap installation on Judicial Ditch 20
  • Landfill
    • MPCA Update

11:30 a.m.  #12 City of Baudette

  • Tourism Joint Powers Agreement


12:00 p.m.  #13 Budget Work Session


Old/New Business

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

October 13, 2020

Commissioner Proceedings

October 13, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 13, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following additions: Stipend Review and County Board Meetings, Agendas and Locations. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized amended minutes of September 8, 2020.

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of September 22, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $21,223.09 Commissioners Warrant’s $4,251.84, Commissioners Warrant’s $15,550.19.


Approval of MN DHS County Grant Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Minnesota Department of Human Services County Grant Contract with a total grant award of $101,470 and for Lake of the Woods County Social Service Director, Amy Ballard and Lake of the Woods County Attorney, James Austad to sign the same.

COUNTY ASSESOR, MARY JO OTTEN

Reappointment

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

A RESOLUTION APPOINTMENT OF COUNTY ASSESSOR

Resolution No. 2020-10-01

WHEREAS, the County Assessor position is appointed and/or reappointed every four (4) years pursuant MN Statute 273.061, Subd 2; 

BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners does hereby approve the reappointment of Mary Jo Otten for the term of January 1, 2021 through December 31, 2024;

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners recommends that the Commissioner of the Minnesota Department of Revenue (DOR) confirm this reappointment. 

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

Mary Jo Otten, County Assessor, will be required to take an oath of office before January 1, 2021.

LAKE OF THE WOODS COALITION, TAMMIE DOEBLER

Grant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the acceptance of the Comprehensive Addiction and Recovery Act (CARA) Grant from the Substance Abuse and Mental Health Services Administration. This is a four-year grant running October 2020 to September 29th, 2024 for $292,554 each year.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $66,271.45; Road & Bridge $51,313.08; County Development $920; Joint Ditch $4,949; Solid Waste $28,860.89, EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/13/2020 For Payment 10/16/2020

Vendor Name Amount

BAYCOM, INC. 25,542.00

Cdw Government, Inc 2,718.03

Cenex Co-Op Services, Inc. 3,420.10

Counties Providing Technology 3,751.00

First State Tire Recycling 3,595.33

Howard’s Oil Company 3,292.89

LaValla Electric DBA/Ned 2,300.20

LOW Highway Dept 7,909.00

Mar-Kit Landfill 14,718.50

R & Q Trucking, Inc 2,575.00

SeaChange Print Innovations 3,530.74

Titan Machinery – Roseau 3,482.49

Voyageurs Comtronics, Inc 2,640.00

Widseth Smith Nolting&Asst Inc 3,028.33

Woody’s Service 3,095.82

Ziegler, Inc 28,420.00

77 Payments less than 2000     38,339.55

                                    Final Total: 152,358.98

Further moved to authorize the payment of the following auditor warrants: September 23, 2020 for $371,556.35, September 23, 2020 for $140.15, September 30, 2020 for $287,993.22, October 7, 2020 for $289,567.88, October 9, 2020 for ($140.15), October 9, 2020 for ($16.05), October 9, 2020 for $220,255.69.

Permission to Advertise, Interview and Hire

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously for Lake of the Woods Auditor/Treasurer to advertise, interview and hire for the position of Deputy Auditor/Treasurer – License Clerk-Board Administration, Grade 10, Step 1, $20.33 per hour, pts 253.

Appoint Election Judges

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following election judges for the General (November 3, 2020) Election, effective October 1, 2020, and appoint them to the UOCAVA and Absentee Ballot Boards:  Gretchen Geer, Kris Geer and Anna Sanchez.

Tobacco License

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the tobacco license application to sell cigarettes at retail for Dick’s Headshop in the City of Williams.

Operational Enhancement Grant Program

The following Resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following: 

RESOLUTION OF LAKE OF THE WOODS COUNTY

Operational Enhancement Grant Program

Resolution No 20-10-02

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Statutes 197.608 and Minnesota Laws 2019, 1st Special Session, Chapter 10, Article 1, Section 37, Subdivision 2.  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 13th day of October, 2020.

Williams Potato Day Donation Request

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to contribute $500 to the Potato Day Committee from the Revenue Fund.

Flu Vaccine Clinic for County Employees
Motion
Motion was made by Commissioner Buck Nordlof to allow all county employees to receive a flu shot at the expense of the county, the flu vaccine clinic will be scheduled with CHI LakeWood Health and held at the Lake of the Woods Government Center.  Seconded by Commissioner Cody Hasbargen and the same being put to a vote was unanimously carried.

HUMAN RESOURCES

Permission to Hire Custodian II

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to hire Shane Shaw to the position of Custodian II at grade 7, step 6, $18.11 hourly.

Approval of Public Information Request Fee Schedule

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Public Information Request Fee Schedule as presented.

Stipend Review

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a $500 stipend for Sandy Peterson and Tami Maurer for the month of October 2020, the stipend will continue to be reviewed monthly.

PUBLIC HEARING: ABATEMENT REQUEST

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the public hearing at 10:00 a.m.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the public hearing and open the regular meeting at 10:25 a.m.

Abatement Resolution

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

RESOLUTION APPROVING PROPERTY TAX ABATEMENTS 

Resolution Number 20-10-03

BE IT RESOLVED by the County of Lake of the Woods of Baudette, Minnesota, as follows:

WHEREAS, the Lake of the Woods County proposes to provide assistance to Linder-Hagen Grocers, Inc. (the Developer) with development cost located within the City (the project) within the County of Lake of the Woods. The County proposes to use the abatement for the purpose provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to five (5) years in an amount not to exceed $42,175. The abatement will apply to the County share of the property taxes (the “Abatement) derived from the property described the following property identification number: 60-5007-080 (the “Property”); and

WHEREAS, on the date hereof, the County Board held a public hearing on the question of the Abatement and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof; and

WHEREAS, the Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (the “Abatement Law”).

NOW, THEREFORE, BE IT RESOLVED by the Lake of the Woods County Board of Commissioners of Lake of the Woods County Minnesota, as follows:

  1. Findings for the Abatement. The Lake of the Woods County Board of Commissioners hereby make the following findings:
  1. The Board expects the benefits to the County of the Abatement to at least equal or exceed the cost to the County thereof. 
  2. Granting the Abatement is in the public interest because it will
  1. Increase or preserve the tax base in the County; and
  2. Provide employment opportunities in the political subdivision.
  1. The Property is not and will not be located in a tax increment financing district during the       Abatement period.
  2. In any year, the total amount of property taxes abated by the County by this and other abatement resolutions, if any, shall not exceed ten percent (10%) of net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater (the “Abatement Limit”). The County may grant other abatements permitted under the Abatement Law after the date of this resolution,  provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution.
  1. Terms of Abatement.  The Abatement is hereby approved. The terms of the Abatement are as follows:
  1. The Abatement shall be for up to a five (5) year period and shall apply to the taxes payable in the years 2023 through 2027, inclusive.
  2. The County will abate the County share of property tax amount which the County receives from the Property, cumulatively not to exceed $42,175.
  3. The Abatement shall be subject to all the terms and limitations of the Abatement Law.
  4. In accordance with Section 469.1813 of the Act, the County will add to its levy in each year during the term of the Abatement the total estimated amount of current year Abatement granted under the Resolution. 
  5. In order to be entitled to the Abatement, the Developer shall not be in default within the County of any of its payment obligations respecting any taxes, assessments, utility charges or other governmental impositions.
  6. All terms will be subject to approval of a contract for private development between the County and the Developer. 

This Resolution shall become effective immediately upon passage and without publication.

Passed this 13th day of October, 2020 by the Lake of the Woods County Board of Commissioners. 

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

PUBLIC HEARING: AMENDMENT TO LODGING TAX ORDINANCE

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the public hearing at 10:30 a.m.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the public hearing and open the regular meeting at 10:55 a.m.

Ordinance Resolution

The following Resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously.

Lake of the Woods Lodging Tax Collection

Transfer to State of Minnesota Department of Revenue

RESOLUTION NO. 20-10-04

WHEREAS, Lake of the Woods County is authorized to impose a local lodging tax, pursuant to Minnesota Statutes 469.190, and

WHEREAS, such a tax was imposed in certain areas in Lake of the Woods County by Resolution Number 89-04-01, amended by Resolution Number 06-03-03 pursuant to said statute, and

WHEREAS, Lake of the Woods County will transfer the collection of Lodging Tax to the State of Minnesota Department of Revenue effective January 1, 2021 and

WHEREAS, State sales and use tax laws and rules means those provisions of the state revenue laws applicable to state sales and use tax imposition, administration, collection, and enforcement including Minnesota Statutes, Chapters 270C, 289A, 297A, 469A and Minnesota Rules, chapter 8130, as amended from time to time; and

WHEREAS, All the revenues, interest, and penalties collected by the State of Minnesota Department of Revenue, less administration fees, will be remitted to the County and credited to the Lake of the Woods Tourism fund;

NOW THEREFORE BE IT RESOLVED, that the Ordinance Imposing a Tax on Lodging and Repealing in its Entirety Ordinance No 06-03-03, be designated by Ordinance Number 20-10-04.

COUNTY OF LAKE OF THE WOODS, MINNESOTA

Ordinance No. 10-13-04

AN ORDINANCE IMPOSING A TAX ON LODGING 

AND REPEALING IN ITS ENTIRETY 

ORDINANCE NO. 06-03-03

The Board of Commissioners of the County of Lake of the Woods, ordains: 

Section. 1. Authority and purpose. 

Subd. 1. Authority. The County of Lake of the Woods is authorized to impose a tax of up to three percent (3%) on gross receipts subject to the lodging tax under Minnesota Statutes section 469.190.   

Subd. 2. Purpose. The purpose of this Ordinance is to raise revenue to fund a local tourism bureau for the purpose of marketing and promoting the County of Lake of the Woods as a tourist center.

Section 2. Definitions.  The following words, terms, and phrases have the meanings given them in this Ordinance unless the language or context clearly indicates a different meaning is intended.  Minnesota Statutes section 270C.171 is incorporated for definitions in this Ordinance. In any potential conflict between the statute and this Ordinance, the statute shall take precedence. 

Subd. 1. Commissioner.  “Commissioner” means the commissioner of revenue of the state of Minnesota or a person to whom the commissioner has delegated functions.

Subd. 2. County.  “County” means the County of Lake of the Woods, Minnesota.

Subd 3. Lodging and related services.  “Lodging and related services” means lodging and related services by a hotel, rooming house, resort, campground, vacation rental, motel, or trailer camp, including furnishing the guest of the facility with access to telecommunication services, and the granting of any similar license to use real property in a specific facility, other than the renting or leasing of it for a continuous period of 30 days or more under an enforceable written agreement that may not be terminated without prior notice, and including accommodations intermediary services provided in connection with other services provided under this subdivision.

Subd. 3a. Accommodations intermediary. “Accommodations intermediary” means any person or entity, other than an accommodations provider, that facilitates the sale of lodging and related services as defined in subdivision 3, and that charges a room charge to a customer.  The term “facilitates the sale” includes brokering, coordinating, or in any way arranging for the purchase of or the right to use accommodations by a customer.  The term “room charge” means the total sales price paid by the customer for the lodging and related services.

Subd. 3b. Accommodations provider. “Accommodations provider” means any person or entity that furnishes lodging and related services, as defined in subdivision 3, to the general public for compensation.  The term “furnishes” includes the sale of use or possession, or the sale of the right to use or possess.

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

Section. 3.  Local lodging tax imposed; amount of tax; coordination with state sales and use tax laws and rules.  A local lodging tax is imposed in the amount of three percent (3%) on the gross receipts from sales of lodging and related services, as defined in section 2, subdivision 3 of this Ordinance, sourced within County limits which are taxable under the state sales and use tax laws and rules.  All of the provisions of the state sales and use tax laws and rules apply to the local lodging tax imposed by this Ordinance.  The local lodging tax imposed by this Ordinance shall be collected and remitted to the Commissioner by the accommodations intermediary and the accommodations provider on any sale when the state sales tax must be collected and remitted to the Commissioner under the state sales and use tax laws and rules and in the same manner, and is in addition to the state sales and use tax.  

Section 4. Advertising no tax.  It shall be unlawful for any accommodations intermediary or accommodations provider to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the accommodations intermediary or accommodations provider, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. 

Section 5. Use of proceeds.  

Subd. 1. All of the revenues, interest, and penalties derived from the lodging tax imposed by this Ordinance collected by the Commissioner and remitted to the County shall be deposited by the County Auditor in the County treasury and shall be credited to the fund established to pay the costs of collecting the lodging tax imposed by this Ordinance and to fund a new or contract with a Lake of the Woods County Event and Visitors Bureau.

Subd. 2. In accordance with Minnesota Statutes section 469.190, subdivision 3, After the amount charged by the State for collection of the tax, ninety-five percent (95%) of the gross proceeds, derived from the lodging tax imposed by this Ordinance collected by the Commissioner and remitted to the County shall be deposited by the County Auditor in the County treasury and shall be credited to the fund established to pay the costs of collecting the lodging tax imposed by this Ordinance and to fund  a local tourism bureau for the purpose of marketing and promoting the County as a tourist center.

Section 6.  Agreement with the Commissioner.  The County may enter into an agreement with the Commissioner regarding each party’s respective roles and responsibilities related to the imposition, administration, collection, enforcement, and termination of the lodging tax imposed by this Ordinance.  Any such agreement shall not abrogate, alter, or otherwise conflict with the state sales and use tax laws and rules, this Ordinance, or Minnesota Statutes section 469.190.

Section 7. Repealer.  Ordinance No. 06-03-03 of the County of Lake of the Woods duly enacted on the 14th of March, 2006 and published on April 4, 2006, is hereby repealed in its entirety and is of no further force and effect.

Section 8. Effective Date. This Ordinance shall take effect on the first day of publication after adoption and the tax imposed hereunder shall commence on 1st day of January, 2021.

Adopted this 13th day of October, 2020. Lake of The Woods County Board of Commissioners

________________________________ 

Jon Waibel, County Board Chair

Attest:___________________________ 

Lorene G Hanson, County Auditor/Treasurer

ORDINANCE APPROVED ON A RESOLUTION AT THE OCTOBER 13, 2020, REGULAR BOARD MEETING

LAND AND WATER PLANNING

FY2021 State of MN Board of Water & Soil Resources MPCS SSTS Program Grant Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to authorize Chair, Jon Waibel, to sign the FY2021 State of MN Board of Water & Soil Resources MPCS SSTS Program Grant Agreement with a total grant award of $58,600 and for Land and Water Planning Director, Josh Stromlund, to be the Authorized Representative for the FY2021 State of MN Board of Water & Soil Resources MPCS SSTS Program Grant Agreement.

MAINTENANCE

Cold Storage Building

It was the consensus of the Board to repair damages on the cold storage building at a cost of $1,120.

COUNTY HIGHWAY/LANDFILL

Highway 

Approval of Crushing Bids

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to award the bid for crushing 12,300 cubic yards of gravel to John Pirkl, with a bid of $38,988, $3.17 per cubic yard, and project completion by July 31, 2021.

Setup a date for Railroad Crossing by Pitt Church

Public hearing date set for December 15th, 10:30 a.m. in the Commissioners’ Room.

Permission to Advertise, Interview and Hire Maintenance Supervisor

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously approval to advertise, interview and hire for the position of Maintenance Supervisor at grade 15, step 1, pts 347, $25.42 per hour.

Final of SAP 039-030-003

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the final payment for SAP 039-030-003 for Asphalt Surface Technologies Corporation of St. Cloud, MN in the total amount of $426,456.87 and hereby authorize final payment of $21,322.84.

Amend Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to add Land Pride Mower Replacement to the agenda.

Land Pride Mower Replacement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve trading in the Land Pride Mower at a trade-in value of $8,500 and purchasing a brush hog at a cost of $20,889, total cost after trade-in of $12,389.

Landfill 

MPCA Update

County Engineer, AJ Pirkl, provided an update regarding his meeting with the MPCA.

Drainage Authority

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting and open the ditch authority meeting at 11:10 a.m.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the ditch authority meeting and open the regular meeting at 11:15 a.m.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to send a letter to MnDOT regarding Judicial Ditch 20 along Highway 72.

COUNTY BOARD MEETINGS, AGENDAS AND LOCATIONS

It was the consensus for the Board that future joint meetings be held at the Lake of the Woods County Government Center in the Commissioners’ Room with a formal agenda.

CITY OF BAUDETTE

Tourism Joint Powers Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to form a Tourism Joint Powers Agreement Committee, with two representatives from the Lake of the Woods County Board of Commissioners, two representatives from the City of Baudette Council and two representatives from the Lake of the Woods Tourism Board, of which, one would be appointed by the County and one by the City.  Commissioners Ed Arnesen and Cody Hasbargen will represent the Lake of the Woods County Board of Commissioners on the Tourism Joint Powers Agreement Committee and have appointed Gregg Hennum to represent the Lake of the Woods Tourism Board.

BUDGET WORK SESSION

The budget work session was rescheduled for after the Road Tour on October 15, 2020.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 12:00 p.m. 

Attest: October 27, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Jon Waibel

October, 2019

Commissioner Proceedings

October 8, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 8, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chairman Cody Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, Buck Nordlof.  Commissioner Ed Arnesen joined the meeting at 9:30 a.m. Also, present were: County Auditor/Treasurer Lorene Hanson, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following changes: add Human Resources – Training Program and remove Con Con Funds.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official and summarized minutes of September 24, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims for approval. Ballard explained the claim for the Lake of the Woods Women of Today.  The Lake of the Woods Women of Today will be coordinating Santa Anonymous and the claim is for the Santa Anonymous funds.  The Santa Anonymous fund in Social Services can be closed.

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $12,297.28, Commissioners Warrant’s $3,166.88, Commissioners Warrant’s $9,179.08.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the closure of the Santa Anonymous fund in Social Services.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, OPEB Agreement, Health Insurance Rates, Motor Vehicle Credit Card/Point of Sale, Tobacco License and approval to appoint a member to the Extension Committee.

Claims  

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof, and carried unanimously to approve the claims against the County as follows: Revenue $168,950.18, Road & Bridge $82,462.72, County Development $15,915.86, Solid Waste $33,550.35 and EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/08/2019 For Payment 10/11/2019

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                       4,505.23

Counties Providing Technology                                  3,733.12

Four Mile Bay Hunting Club                                         4,000.00

Freeberg & Grund, Inc                                                7,590.00

Howard’s Oil Company                                               3,812.35

Interstate Engineering Inc                                         48,107.94

Johnson Auto & Machine                                            2,949.35

Klein McCarthy & Co, Ltd, Architects                     123,308.51

Koochiching County Sheriff                                      11,820.00

LOW Highway Dept                                                    5,668.54

Mar-Kit Landfill                                                          17,077.75

Northwest Community Action, Inc                            10,000.00

Northwest Tire Inc                                                      2,651.97

Nw Angle Edgeriders                                                 4,000.00

Powerplan                                                                  3,207.52

R & Q Trucking, Inc                                                     4,120.00

Rupp,Anderson,Squires,& Waldspurger,P.A.            2,600.00

Strata Corp, Inc                                                           4,215.80

Voyageurs Comtronics, Inc                                        2,640.00

Widseth Smith Nolting&Asst Inc                                  4,425.00

Woody’s Service                                                        2,551.61

79 Payments less than $2,000                                  27,938.98

                   Final Total: 300,923.67

Further moved to authorize the payment of the following auditor warrants: September 25, 2019 for $17,207.38, September 26, 2019 for $90.00, October 2, 2019 for $1,274,833.18, October 2, 2019 for $367,335.69.


OPEB Agreement

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval of an agreement for consulting services, dated 10/8/2019 by Hildi Inc. Actuaries and Consultants.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agreement dated 10/8/2019 for consulting services with Hildi Inc. Actuaries and Consultants for the fiscal years 2018 and 2019 for GASB 75 and GASB 16.

Health Insurance Rates

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval of health insurance for the year 2020.  Depending on the plan, health insurance rates will increase 4.2-6.6%.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to set the 2020 county contribution for family health insurance up to $1,235 per month and single health insurance up to $885 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.  

MV Credit Card Point of Sale

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval to contract with Elavon, which is the vendor recommended by the State of MN for the credit card processing of motor vehicle and driver licensing transactions.  It was also requested that $4,000 be added to the motor vehicle deputy registrar 075 account to allow for credit card processing time.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve contracting with Elavon, which is the vendor recommended by the State of MN, for motor vehicle and driver licensing credit card transactions.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the sum of $4,000 to be added to the motor vehicle deputy registrar 075 account to allow for credit card processing time.

Tobacco License

County Auditor/Treasurer, Lorene Hanson, presented a tobacco license application to sell cigarettes at retail for Dick’s Headshop in the City of Williams.   

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the tobacco license application to sell cigarettes at retail for Dick’s Headshop in the City of Williams.

Extension Committee

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval to appoint Jean Schotl to the Extension Committee.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the appointment of Jean Schotl to the Extension Committee.

Passports

County Auditor/Treasurer, Lorene Hanson, met with the board to request approval for the County to continue to reimburse employees, who are required to go to the Northwest Angle for their jobs, for the cost of their Passport Cards.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve reimbursement to employees for Passport Cards, if they are required to travel to the Northwest Angle for their job.

Human resources

Training Program

Human Resources Director, Savanna Slick, met with the board to request approval to purchase an employee training program with Convene.  The training program includes 12 webinars and two in-person trainings at the cost of $999 for one year.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of an employee training program with Convene at the cost of $999 for one year.

HIGHWAY
County Engineer, Anthony (AJ) Pirkl, met with the board to provide an update on current projects.

Update

County Engineer, AJ Pirkl, updated the board on current projects.  Paving is complete on Co Rd 3 and Co Rd 6; shouldering should be finished on these roads today and striping will happen next week. Due to rain, Bur Oak Rd will not be paved until next year (Spring).  Paving for next year will include 1st Ave SW (by the Baudette Post Office). Pirkl did visit and evaluate the flooding issues at the Grove Property.   Pirkl plans to visit and evaluate a possible culvert issue on Co Rd 2 and will update the board again in two weeks.

Wheeler’s Point Sewer District

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve partial payment #10 to Wheeler’s Point Sewer District in the amount of $89,748.40.

JOINT DITCH MEETING

County Auditor/Treasurer, Lorene Hanson, informed the board that there will be a Joint Ditch Meeting with Roseau on October 24, 2019 to discuss Joint Ditches 22 & 62.  This meeting will be held at 6:00 p.m. at Rock Harbor Lodge.

SOLID WASTE

Solid Waste Director, Ted Furbish, shared information with the board on his visit to Rotochopper headquarters, located in St. Martin, MN.  Rotochopper Inc. manufactures recycling equipment, including a horizontal grinder. Furbish shared information about the cost, financing and trade-in options for purchasing a grinder.  The county board asked Furbish to review the information with the County Engineer and to get quotes from other manufacturers for comparison.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund, met with the board regarding conditional use permits and a zoning change request.

Conditional Use Permit for Edward and Donna Fish

Edward and Donna Fish are requesting a Conditional Use Permit as required by Section 401-B of the Lake of the Woods County Zoning Ordinance, to operatea commercial business consisting of a short-term vacation rental in a Residential District (R1). No comments were heard from the public. Land and Water Planning Director, Josh Stromlund, reviewed the Findings of Fact with the board and informed the board that the Planning Commission recommended approval with conditions. The specific conditions of approval are as follows: subject to local lodging tax and subject to Department of Health regulations.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Conditional Use Permit, with conditions as noted in the Findings of Fact, for Edward and Donna Fish to operatea commercial business consisting of a short-term vacation rental in a Residential District (R1):  

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Edward and Donna Fish                                                              Date:  October 8, 2019

Location/Legal Description:  Lot 24, Block 1, Luke Estates, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) – Parcel ID# 19.58.01.240.

Project Proposal:  A Conditional Use Permit, as required by Section 401-B of the Lake of the Woods County Zoning Ordinance, to allow the applicant to operate a commercial business consisting of transient short-term rental of an existing structure in a Residential District (R1).

  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?  Allow rental in resort area.

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

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

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)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? Existing county roads.

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

Why or why not? Resort and cabin area.

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

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

Why or why not? ______________________________________________________

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

Why or why not? To be hooked up to Sanitary District.         

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

Why or why not? ______________________________________________________

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

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

Why or why not? See #10.  

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

Why or why not? _____________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________   

17. 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? ______________________________________________________

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

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

Why or why not?  Parking adequate on site.

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:  Subject to local lodging tax. Subject to Department of Health regulations.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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


Conditional Use Permit for Craig Haukaas

Craig Haukaas is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to cumulatively move more than fifty (50) cubic yards of material within the shoreland area of Wabanica Creek. Wabanica Creek is a tributary river segment.  Land and Water Planning Director, Josh Stromlund, reviewed the Findings of Fact with the board and informed the board that the Planning Commission recommended approval. No comments were heard from the public.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Conditional Use Permit for Craig Haukaas to cumulatively move more than fifty (50) cubic yards of material within the shoreland area of Wabanica Creek:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Craig Haukaas                                                                                  Date:  October 8, 2019

Location/Legal Description:  Lot 8, Block 1, Wabanica Woods Subdivision, Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) – Parcel ID# 24.62.01.080.

Project Proposal:  A Conditional Use Permit, as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to cumulatively move more than fifty (50) cubic yards of material within the shoreland area of Wabanica Creek.

  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?  Residential building.

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

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

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)

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? Existing county road.

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

Why or why not? Residential.

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

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

Why or why not? Existing lot and road.

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

Why or why not? ______________________________________________________   

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________   

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

Why or why not? _____________________________________________________

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? ______________________________________________________   

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

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

Why or why not? ______________________________________________________

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

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

Why or why not? _______________________________________________________

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

The specific conditions of approval are as follows:  __________________________________

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

            October 8, 2019                                              _____________________________________

                     Date                                                                                Cody Hasbargen

                                                                                                        Chair, County Board

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


Zone Change Request for Scott Wold
At the request of Scott Wold, Land and Water Planning Director, Josh Stromlund, asked for this item to be postponed until the next board meeting.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve postponing the zone change request for Scott Wold until the next board meeting.

RECESS
The meeting was called to recess at 11:02 a.m. and reconvened at 11:21 a.m. as follows.

LOUIS TAYLOR

Louis Taylor met with the board and presented a proposal to build a structure on his property.  The county board requested that Taylor work with the Land and Water Planning Office on the variance and land use permit applications.

CORRESPONDENCE

The county board reviewed correspondence from Lake of the Woods Senior Boating.

RECESS

With no further business before the board, Chairman Cody Hasbargen called the meeting to recess at 11:34 a.m.

Attest:                                                                                      October 8, 2019

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

=========================================================================================================================================================================

Commissioner Proceedings

October 22, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 22, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chairman Cody Hasbargen called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present, Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, and Ed Arnesen.  Commissioner Buck Nordlof joined the meeting at 9:08 a.m. Also, present were: County Auditor/Treasurer Lorene Hanson, Attorney Jim Austad, Jaime Boretski-LaValla and Woody Fiala.

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

It was noted that the location and time of the joint ditches meeting scheduled for October 24th has changed, it will be held at the Nite Hawk at 5:30 p.m.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official and summarized minutes of October 8, 2019.

SOCIAL SERVICES

Social Services Director, Amy Ballard, presented the social services claims and the MFIP Biennial Service Agreement for approval.

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $9,743.09, Commissioners Warrant’s $3,562.50, Commissioners Warrant’s $19,974.48.

MFIP Biennial Service Agreement

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the MFIP Biennial Service Agreement.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson, met with the board requesting approval of claims, employee cell phone stipend and forfeited land assessment, sale terms and resolution.

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $34,002.29, Road & Bridge $111,522.53, County Development $200.00, Solid Waste $1,326.45 and EDA $1,623.07.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/22/2019 For Payment 10/25/2019

Vendor Name                                        Amount

Bowman Construction Co. Inc                                  80,000.00             

Cenex Co-Op Services, Inc.                                       4,804.88

Compass Minerals America                                        5,006.57

Freeberg & Grund, Inc                                              12,400.00

Johnson Auto & Machine                                            3,263.27

Outdoors Again                                                          2,907.81

Royal Tire Inc                                                              5,110.50

Titan Energy Systems, Inc                                          2,783.88

TOTALFUNDS                                                             3,000.00

University Of Mn                                                         9,222.51

50 Payments less than 2000                                     20,174.92

                    Final Total: 148,674.34

Further moved to authorize the payment of the following auditor warrants: October 9, 2019 for $194,172.26 and October 16, 2019 for $32,690.22

Cell Phone Stipend

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a County Smart Phone stipend for Eric Solo, in the amount of sixty dollars ($60.00) per month.

Tax Forfeited Land Assessment

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following minimum sale bids for the tax forfeited land listing:

Parcel                                                           Pre & Post Forf.        Total Delinq.             Estimated          Minimum

Legal Description                                            Spec.Asmts             Amount Due           Market Value       Sale Bid      

17-0744-040  W½NW¼ of SE¼SE¼               $489.00                 $3,114.20               $36,200               $3,200

Sec 7, Twp 162, Rg 34

19-2614-011  S½S½N½SE¼NE¼                        $0                     $1,573.15               $10,000               $1,600

Sec 26, Twp 162, Rg 32

21-1233-030  Part of SW¼SW¼                      $350.00                 $4,065.16               $15,600               $4,100

Sec 12, Twp 161, Rg 34

21-1312-040, 21-1312-041, and                        $658.00                $2,171.59                 $7,700               $2,000

21-1321-010  Part of NW¼NE¼ and

part of NE¼NW¼ Sec 13, Twp 161, Rg 34

22-1732-000  Part of NW¼SW¼                      $684.47                 $4,679.97               $34,500               $5,000

Sec 17, Twp 161, Rg 33

23-2533-020  S½N½SW¼SW¼                           $0                        $945.77               $12,800               $1,000

Sec 25, Twp 161, Rg 32

30-3111-000  NE¼NE¼                                     $48.00                 $1,831.03               $22,800               $2,000

Sec 31, Twp 160, Rg 31

61-5054-060  Lots 6-9, Blk 54                               $0                          $25.74                    $100                    $50

Plat in Spooner

61-5501-090  Lot 9, Blk 1                                      $0                        $594.13                 $7,700                  $600

First Addition to East Beaudette

62-5301-010  Lot 1, Blk 1                                 $6,285.83              $9,451.25                 $4,700               $4,000

First Addition to Williams

62-5302-030  Lot 3 & S33’ Lot 2, Blk 2          $5,398.00               $9,005.72                 $9,000               $4,000

First Addition to Williams

62-5403-030  Lots 3 & 4, Blk 3                         $5,984.00            $10,876.89               $11,000               $4,000

Second Addition to Williams

62-5404-040  Lots 4-9, Blk 4                            $7,677.41            $13,620.16               $13,500               $4,000

Second Addition to Williams

(Legal descriptions are summarized. Full legal descriptions can be provided by the Auditor’s Office)

Tax Forfeited Land Terms for Sale
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the terms of sale for the tax forfeited land as follows:

TERMS FOR THE PUBLIC SALE OF TAX FORFEITED LAND
IN LAKE OF THE WOODS COUNTY

PUBLIC SALES: All tax forfeited land is offered at public auction and sold to the highest bidder. The minimum bid acceptable is the basic sale price that is shown on the list of tax forfeited land. The basic sale price is equal to or lesser than the assessed/appraised value and may include additional charges for unpaid special assessments or timber values as appraised by the Minnesota Department of Natural Resources.

PARCELS NOT SOLD AT PUBLIC AUCTION: Parcels not sold at a public sale may be purchased after the public sale by paying the basic sale price of the parcel.  The basic sale price cannot be changed unless the parcel is re-appraised, republished, and again offered at a later public sale.

FEES: The following fees will be collected at the time of sale: State Assurance Surcharge, 3%; State Deed Fee, $25.00; Deed filing fee, $25.00; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50.00 (if applicable); and State Deed Tax, equal to the greater of $1.65 or 0.33% of the basic sale price.

PAYMENT TERMS: CASH—FULL PAYMENT AT TIME OF SALE.

Payment includes timber value and certified special assessments to county.

SPECIAL ASSESSMENTS: Any special assessments certified to the county, prior to or after forfeiture, are included and must be paid by the purchaser as part of the basic sale price. It is the responsibility of the prospective buyer to contact the appropriate city to determine any special assessments not certified to the county and that may be subject to further assessment thereof.

CONDITIONS: Sales are subject to the following restrictions on the use of the properties: existing leases, building codes and zoning laws, and easements obtained by any government subdivision or agency thereof for a public purpose. The assessed/appraised value does not represent a basis for future taxes.

All property is sold “as is” and may not conform to current local building and zoning ordinances. Lake of the Woods County makes no warranty that the land is “buildable”. All sales are final, and no refunds or exchanges are permitted. Lake of the Woods County is not responsible for location or determining property lines or boundaries.  Access to the property is the responsibility of the buyer.

*Lake of the Woods County is unaware of any known hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time.

Lead Warning Statement: Every purchaser of any interest in residential real property on which residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.

*Lake of the Woods County is unaware of any known hazards or risk assessments on or available for applicable sale properties.

Radon Warning Statement: The MN Dept. of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy and recommends having the radon levels mitigated if elevated concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling.

*Lake of the Woods County is unaware of any radon testing, records, concentration levels, or mitigation systems on or available for applicable sale properties.

TITLE: PROOF OF OWNERSHIP: The buyer will receive a receipt at the time of the sale. The Department of Revenue will issue a State quitclaim deed after full payment is made. A State deed has the characteristics of a patent from the State of Minnesota.

SETTLEMENT IS FINAL: No warranties as to physical condition of the property have been made by Seller, its Employees or Agents; any warranties of physical condition of the property are void. The Seller, its Employees or Agents, have no further responsibility or liability with respect to the condition or management of the property.

FOR ALL LAND NOT IN A PLATTED SUBDIVISION: There are restrictive covenants required for marginal lands and wetlands including lands in Auditor’s Subdivisions (see Minnesota Statutes Section 103F.535, Subd. 2; and Section 282.018, Subd. 2.)

FORMER OWNERS: Must pay the purchase price or the amount of delinquency, whichever is more, pursuant to Minnesota Statutes Section 282.01, Subd. 7; Section 282.012; and Section 282.241.

IN ORDER TO PROTECT YOUR LEGAL INTERESTS, WE RECOMMEND THAT YOU CONSULT
WITH YOUR ATTORNEY ON LEGAL MATTERS.

Tax Forfeited Land Sale Resolution

Motion

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously.

TAX FORFEITED LAND SALE

RESOLUTION NO. 19-10-01

WHEREAS; the County Board of Commissioners of the County of Lake of the Woods, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non-payment of taxes, and

WHEREAS; said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01.

WHEREAS; that the basic sale price of each parcel on the List of Tax-Forfeited Land has been set by the County Board of Commissioners and are on file with the County Auditor/Treasurer;

NOW, THEREFORE, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners hereby certify that the parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be approved and the authorization for a public sale of this land be granted, pursuant to Minnesota Statutes 282.01;

BE IT FURTHER RESOLVED; that the sale of said Tax-Forfeited Land will be held in the Lake of the Woods County Commissioners Room, at 1:00 p.m., Tuesday, December 3, 2019, by the Lake of the Woods County Auditor/Treasurer; for not less than the basic sale price and that all sales shall be in full payment at the time of the sale.

HIGHWAY
County Engineer, Anthony (A.J.) Pirkl, met with the board to provide an update on current projects.

Update

County Engineer, A.J. Pirkl, updated the board on current projects.  A problem culvert on Co Rd 2 was cleaned.  Pirkl will be meeting with Ross Eberle from Interstate Engineering to finalize the Co Rd 3 and Co Rd 6 project.  Road construction signs on Co Rd 3 and Co Rd 6 will be removed soon.  Road signage options for Co Rd 3 and Co Rd 6 are still in discussion, as the project created a change in traffic flow.  Pirkl is looking into landfill grants and will be attending a webinar to learn more on November 6, 2019.   A response was sent to the MPCA, last Friday, regarding water testing results at the landfill. Pirkl will be talking with the MPCA to clarify those results. Aggregate rock stock piles are being surveyed and they are looking for a source in the southern part of the county.  Commissioner Arnesen asked if Pirkl could calculate the typical cost per mile to haul gravel.

TOURISM BUREAU

Lake of the Woods Tourism Bureau Director, Joe Henry, informed the board of the activities that the Tourism Bureau has been a part of this past year, including: Walleye Wars with Devils Lake, the Pay It Forward Veterans Fishing Trip, Sport Shows and the World Ploughing Competition. Commissioner Ed Arnesen mentioned the importance of tourism to our local economy. 

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund, met with the board regarding a zoning change request.


Zone Change Request for Scott Wold
Scott Wold met with the board regarding a zone change request for his property.  Wold and the board had a lengthy discussion about an illegal lot split, which made the property ineligible to be grandfathered in for the requested zone change. Land and Water Planning Director, Josh Stromlund, reviewed the Findings of Fact with the board.
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof to recognize the grandfathering of the property, if it is put back to a conforming state and made whole.  At the suggestion of Commissioner Hasbargen, Commissioner Arnesen agreed to postpone the motion and allow Wold time to speak to his attorney.  The zone change request will be brought back in front of the board at a later date.

LAKE OF THE WOODS HUMANE SOCIETY

Lake of the Woods Humane Society volunteers, Kim Benike, Cassie Maurer and Dale Holte, provided an update to the County Board.  Benike talked about the recent updates to the facility, which included the replacement of the dog and cat kennels.  Benike said they are seeing a significant rise in stray animals this year and are looking to bring a low-cost mobile spay and neuter clinic to the Baudette area.  When holding animals for law enforcement, Benike requested that a liaison be assigned from law enforcement along with a potential policy to help provide direction to the LOW Humane Society volunteer staff, who are caring for the animals.  It was the consensus of the county board to set a budget work session following the next regular board meeting to discuss this and other budget items and to have the LOW Humane Society submit a sample policy to the board for consideration.

CORRESPONDENCE

The county board reviewed correspondence from Northwest Minnesota Foundation.

CLOSED SESSION

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting and open the closed session at 1:51 p.m. Pursuant to Minnesota Statute 13D.05, subd 3(a).  Dylan Eason- Regular Six-Month Review of New Employee.  Members present: Commissioners: Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel and Joe Grund.  Others present were:  County Attorney James Austad, Human Resources Director Savanna Slick, County Auditor/Treasurer Lorene Hanson and MIS/Maintenance Director Peder Hovland.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 2:20 p.m.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve an extension of 6-month probation for Dylan Eason.

EMPLOYEE RECOGNITION

HR Director, Savanna Slick, discussed annual Employee Recognition and it was the consensus to pay these expenses out of the Commissioners’ budget.

RECESS

Due to time constraints, the following agenda items were postponed: MIS-Beacon Update, Con Con Funds, and County Attorney-Tobacco 21 Ordinance and Event Planning Ordinance, Chairman Cody Hasbargen called the meeting to recess at 2:30 p.m.

Attest:                                                                                      October 22, 2019

__________________________________                            _________________________________

County Auditor/Treasurer, Lorene Hanson                                Chairman, Cody Hasbargen

October, 2018

Commissioner Proceedings

October 23, 2018

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday,
October 23, 2018 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

Vice-Chairman, Hasbargen 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, Jon Waibel and Ken Moorman. Absent, Edward Arnesen and Buck Nordlof.  Also, present were: County Auditor/Treasurer, Lorene Hanson and Deputy Auditor/Treasurer Janet Rudd.

Approval of Agenda

Motion

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the agenda with the following additions: Snowmobile Grant-in Aid, Satisfactory of Lien, Extension travel cost.

Approval of Minutes

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the official minutes and summarized minutes of October 9, 2018.

SOCIAL SERVICES

Social Services Director, Amy Ballard met with the board requesting approval of claims.

Motion

Motion was made by Commissioner Moorman seconded by Commissioner Waibel, and carried unanimously to approve the following claims: Commissioners Warrants $2,946.35, Commissioners Warrants $ 17,440.11.

Chairman Arnesen resumed the position of Chairman.

COUNTY AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board for approval of Claims, Lost Warrant, 2019 Health Insurance, Snowmobile Grant-In-Aid Program, 4-H travel expense, Satisfaction of lien, and to discuss a request of purchasing land.

Claims

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to approve the following claims against the county except for claim number 5817 in the amount of $26,687.50.

Revenue-$ 25,009.16-Road & Bridge-$37,145.30-County Devlp. -$1,550.00-Solid Waste-$43,254.16,567.43-EDA-$722.93.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/23/2018 For Payment 10/26/2018

Vendor Name                                                    Amount

Cenex Co-Op Services, Inc.                                              7,306.12

Compass Minerals America                                               6,882.59

Contech Engineered Solutions LLC                                 15,066.00

Cps Technology Solutions                                                 5,380.00

Gamache Custom Trucking Inc                                        26,687.50

John Deere Financial                                                         2,162.55

Lake Superior College                                                       3,450.00

Mar-Kit Landfill                                                                 13,393.00

TOTALFUNDS                                                                    4,000.00

Ziegler, Inc                                                                         3,148.28

54 Payments less than 2000  20,206.28

Final Total: 107,682.32

Further moved to authorize the payment of the following Auditor warrants: October 18, 2018–$93,160.97, October 17, 2018-$139,510.98.

Pulled Claim

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to approve claim number 5817, in the amount of $26,687.50.

Lost Warrant

Motion was made by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously to approve the lost warrant for Mary Jo Otten in the amount of $152.93 without furnishing an indemnifying bond.

2019 Health Insurance

Motion

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to set the 2019 county contribution for family health insurance up to $1,210 per month and single health insurance up to $860 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.  

STATE AID GRANT CONTRACT AGREEMENT

Motion was made by Commissioner Waibel, seconded by Commissioner Moorman and carried unanimously to enter into the 2019 Maintenance and Grooming grants with the State of Minnesota, Department of Natural Resources for Grant-In-Aid Program in the amount of $187,551.03 and authorize County Auditor/Treasurer, Lorene Hanson and Chairman Arnesen to sign.

Purchase of Land

County Auditor/Treasurer, Lorene Hanson informed the board that an individual inquired about purchasing county property or obtaining an easement from the county. The land in reference was donated to the county for public purpose only. Because of the status of the land and conditions attached to it, the county would be unable to meet any of the request submitted to the board. No board action was taken.

4-H Travel Expense

County Auditor/Treasurer, Lorene Hanson met with the board and informed the board that she attended the Extension meeting and they discussed possible funding for the 4-Hclub members to travel to the State Fair.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Hasbargen and carried unanimously to dedicate up to $1,200 for mileage expenses for 4-H for State Fair transportation with funding from the Con-Con funds.

Satisfaction of Repayment Agreement

Motion was made by Commissioner Hasbargen, seconded by Commissioner Waibel and carried unanimously to release the mortgage on Timothy P. Moran, mortgaged filed on the 10th day of June, 2013 and authorize Chairman Arnesen to sign.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund and Corryn Trask met with the board and presented a proposal for engineering services for the Bostic Creek watershed. This includes completing the design, plans and specification for the restoration of the channel that includes a range of Judicial Ditch 28 (Bostic Creek) in Lake of the Woods County T162N R32, Section 31 and 32: T161N R32, Section 6 and 7) and also a county road ditch.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to enter into a contract with Engineering Design Services for the Bostic Creek Restoration project for services not to exceed $30,000 with funding from the Clean Water grant

COUNTY SHERIFF

County Sheriff, Gary Fish met with the board requesting approval of I/Mobile, 2017 Stonegarden Grant, Resolution for County Sheriff to work Stonegarden Grant and approval of Operation Plan for Department of Defense.

Resolution

RESOLUTION TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE

 STATE OF MINNESOTA

 FOR I/MOBILE SYSTEM

Resolution No. 18-10- 03

The following resolution was offered by Commissioner Moorman, seconded by Commissioner Waibel and carried unanimously the following resolution:

WHEREAS, Sheriff Gary Fish has met with Lake of the Woods County Board to discuss mobile data computing between the Lake of the Woods County Sheriff’s Department and the State of Minnesota; and

WHEREAS, the purpose of this agreement is for the State to provide Lake of the Woods County Sheriff’s Department with access to the State’s I/Mobile System; thru software purchased and installed by the county on county laptop computers mounted in the patrol vehicles; and

WHEREAS, the term of this agreement shall be from January 1, 2019 thru December 31, 2019;

NOW THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby adopts this joint power agreement and authorizes Chairman Arnesen and County Sheriff, Gary Fish to sign.

Stonegarden Grant

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to accept the 2017 Operation Stonegarden Grant Agreement number A-opsg-2017-LOTW-CO-006 in the amount of $60,000.00 and authorize Chairman Arnesen, and County Sheriff, Gary Fish to sign.

Stonegarden Sheriff Salary

Resolution

The following resolution was offered by Commissioner Moorman, seconded by Commissioner Hasbargen and carried unanimously to approve the following:

AMEND COUNTY SHERIFF SALARY

Resolution No. 18-10-04

WHEREAS, the United States Department of Homeland Security has asked local law enforcement agencies along our Nation’s border to step up border monitoring, pursue joint objectives, and enhance their capabilities for providing border security; and,

WHEREAS, in an effort to assist local governments in fulfilling this request, the Department of Homeland Security through the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division, offered “Operation Stonegarden 2017 grant; and,

WHEREAS, the Lake of the Woods County Sheriff’s Office is a successful recipient of an

Operation Stonegarden 2017 grant; and,

WHEREAS, the Lake of the Woods County Sheriff has undertaken, as additional duties, the responsibility to avail himself and his officers for additional training, or to provide such training for his officers’ himself, for border protection and border security, and the additional duties of improving the distinct capability of the sheriffs’ office as a whole with regard to border security and border patrol as part of a joint mission; and in addition, as and for additional duties, the sheriff will necessarily devote more of his own time to border patrol and border enforcement; and,

WHEREAS, the Operation Stonegarden 2017 grant given to assist the Lake of the Woods County Sheriff’s Office in its efforts to secure the border includes the sum of $60,000.00 and $25,800.00, of this grant is for salaries.

WHEREAS, it is estimated that these additional border security duties will necessitate that the

Sheriff expend on average another eight (8) hours per week; and,

WHEREAS, through the Operation Stonegarden 2017 grant, all of the additional overtime worked by officers devoted to border security issues is fully reimbursable under the grant, including the cost of officer overtime pay, PERA, Medicare and worker’s compensation, so that the net cost of the additional homeland security duties to Lake of the Woods County is fully reimbursed by the grant.

NOW, THEREFORE, BE IT RESOLVED, that the resolution setting the sheriff’s salary, as

originally set by this board on December 12, 2017 was $82,308.96 and fringe benefits were

$14,527.53, be amended so that the sheriff’s salary is increased by the sum up to $16,398.72 and

fringe benefits are increased up to $2,894.37 commencing January 1, 2018 through December 31,

2018, with the increase funding from the Operation Stonegarden 2017 grant contingent upon the following:

  1. That the Operation Stonegarden 2017 grant funding be available; and
  2. That the Sheriff works, in addition to his regular duties, eight (8) hours per week of said

Operation Stonegarden 2017 grant.

At such time that the Operation Stonegarden 2017 grant funding is no longer available and/or if the Sheriff is unable to complete the additional eight (8) hours per week of Operation Stonegarden 2017 grant work, the Sheriff’s salary shall return to the original balance set by the board on December 12, 2017 in addition to the accumulated Stonegarden wages earned based on Stonegarden funding available and actual hours worked.

Department of Defense

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Hasbargen and carried unanimously to enter into the State Plan of Operation with the State of Minnesota, Department of Defense and the Lake of the Woods County Sheriff’s Office for Law Enforcement Support Program and authorize County Sheriff, Gary Fish to sign.

ROAD AUTHORITY

Patricia Holte and Severin Holte met with the board to discuss the history of Co. Road 104. Public Works Director, Tim Erickson informed the board that it is still a road for there are no records showing that the road has ever been vacated. Tim advised the Holtes to file a road vacation.  

MAINTENANCE

Peder Hovland, Maintenance Supervisor met with the board to inform the board that the Rebate Form they received was incorrect for the type of lighting that the county will be installing, therefore the county rebate will be $10.00 per light, costing an additional $6,000.

Peder Hovland also informed the board that OSHA stopped by for inspection on September 19, 2018 and the County received a fine of $1,500 with a 30% discount if paid within twenty days. The consensus of the board was to pay the fine.

BORDER STATE BANK

Personal Banker, Brent Olson met with the board to introduce Border Leasing program that is available to Government Entities.

Con-Con Funding

The board placed the Con-Con funds request on November 13, 2018 meeting.

RECESS

With no further business before the board, Chairman Arnesen called the meeting to recess at 1:00 p.m.

Attest:                                                                          October 23, 2018

__________________________________                _____________________________________

County Auditor/Treasurer, Lorene Hanson                    Chairman of the Board, Edward Arnesen