September 26, 2023

The Lake of The Woods County Board of Commissioners met in regular session on September 26, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 12, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $4,718.89; Commissioners Warrants $4,764.26; Commissioners Warrants $9,767.26.

Approval of Cell Phone Stipend

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve Social Worker Whitney Nelson for a cell phone stipend in the amount of $60.00 effective October 2023.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $66,573.11; Road & Bridge $57,402.19; County Development $200.00; Natl Resc Enhance $3,357.50; Joint Ditch $7,309.50; Solid Waste $9,520.15; EDA $37,237.09.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/26/2023 For Payment 9/29/2023

Vendor Name Amount

Accurate HD Ltd. 35,772.00

Alpha Training &Tactics LLC 8,078.30

Contech Engineered Solutions LLC 4,129.20

E. Brookmyer, Inc. 4,536.25

Geofoam America LLC 7,309.50

Headwaters Regional Development Commiss 36,000.00

Hoffman, Philipp & Martell, PLLC 5,850.00

John Deere Financial 3,831.73

Lake Area Construction Inc 15,915.00

Larkin Hoffman Attorneys 20,925.00

North East Technical Service,Inc 2,855.00

Quadient Finance USA Inc. 2,000.00

Rinke-Noonan 3,557.50

Titan Machinery – Roseau 4,501.03

U.S. Bank Equipment Finance 6,268.50

38 Payments less than 2000 20,070.53

Final Total: 181,599.54          

Further moved to authorize the payment of the following auditor warrants: September 20,2023 for $257,073.74; September 20, 2023 for $1,450.10; September 13, 2023 for $83,559.13.

Set Road Tour/Joint Ditch Meeting Date

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to set the county road tour/Joint ditch meeting date for October 18, 2023. The road tour will begin at 12:00p.m. with the Joint ditch meeting to follow at 6:00p.m. at Arnesen’s Rock Harbor Lodge.

Set Closed Session/Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to set a closed session for Union Negotiations pursuant to MN Statute 13D.03, Sub 1(b) for October 4, 2023 at 8:30 a.m. in the Lake of the Woods County Government Center Commissioners Room with a work session for Tourism/Lodging Tax to follow.

Health Insurance

Lake of the Woods County Auditor-Treasurer Lorene Hanson gave the board information about Health Insurance renewal changes to review for a later meeting date.

County Road Access Discussion

Concerned Citizens Frank Sindelir, Michael Silontyev, and Mr. Silontyev’s son came to the board to discuss issues they have been having with an access road to their property. They would like to come to an agreement on the access and use of this road to access their properties peacefully or find a different solution. The County has done maintenance to this access in the past and views it as the access road to other properties in the area.  No action was taken by the board at this time. 

Recess

A brief recess took place at 9:47a.m. and reconvened at 9:52a.m. 

Public Works

County Engineer Anthony Pirkl gave an update on various road & bridge projects. 

Amendment to the Roseau County Interim County Engineer Contract

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the amended contract between Lake of the Woods County and Roseau County for Lake of the Woods County Engineer to act as Interim County Engineer in Roseau County, from $10,000 per month to $5,000 per month until the new Roseau County Engineer completes and receives their certification. 

SAP 039-630-001 Final Payment

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the final payment of SAP 039-630-001 for Davidson Ready-Mix & Construction, Inc. of Newfolden, MN in the total amount of $878,069.50 and hereby authorize final payment of $55,083.55

Human Resources

Approve Grade Increase-Environmental Specialist II Scott Head

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the grade increase for Environmental Specialist II Scott Head from Grade 10, Step 11, $25.60 per hour at 232 points to Grade 11, Step 11, $26,98 per hour at 253 points effective next full pay period.

Lakewood Health-Kay Schell

Lakewood Nursing Service Contract Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously approve the renewal of the Purchase of Service agreement for Community Health Services between Lake of the Woods County and Lakewood Health Center.

Opioid Treatment Plan-Bylaws

Kay Schell reviewed the Opioid Treatment Plan Bylaws with the board. The Interim County Attorney Michelle Moren will review the document and bring back to the board for approval at a later date. No action was taken at this time.

Recess

A brief recess took place at 10:10 a.m. and reconvened at 10:18 a.m.

Rescind Prior Motion and Change Date for Closed Session/Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Buck Nordlof and carried unanimously to rescind the prior motion to set a date for the closed session/work session meeting and to change the Closed session pursuant to MN Statute 13D.03, Sub 1(b) and the work session for Lodging Tax/Tourism from October 4, 2023 to October 10, 2023 with the closed session beginning at 10:00 a.m. 

Recess

With no further business before the Board, Vice-Chair Cody Hasbargen called the meeting to recess at 10:20a.m.

Attest: September 26, 2023

______________________________ _________________________________

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

September 12, 2023

The Lake of The Woods County Board of Commissioners met in regular session on September 12, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of August 22, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $14,054.74; Commissioners Warrants $4,915.97; Commissioners Warrants $16,577.78.

Approval of Purchase-Plastic Chairs

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of 35 chairs at $68.00 per chair to be paid for out of the Social Services fund.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously with Commissioner Buck Nordlof abstaining to approve the claims against the County as follows: Revenue $82,787.73; Road & Bridge $121,386.99; County Development $1,675.00; Joint Ditch $91,670.54; Solid Waste $59,782.85.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/12/2023 For Payment 9/15/2023

Vendor Name Amount

Andy’s Garage, Inc. 2,819.05

ByteSpeed, LLC 5,538.00

Cdw Government, Inc 2,590.13

Cenex Co-Op Services, Inc. 17,939.38

Contech Engineered Solutions LLC 70,779.40

Counties Providing Technology 4,204.00

Dentons Dirt Worx, LLC 90,365.54

Election Systems & Software, Inc 3,675.00

Erickson Engineering Company, LLC 3,885.00

Farmers Union Oil company 2,214.38

Gilson Co, Inc. 2,598.04

Howard’s Oil Company 16,532.87

Integris LLC 5,812.98

Joy Brandt Painting 4,250.00

Larkin Hoffman Attorneys 8,837.50

Liberty Tire Recycling, LLC 5,341.20

LOW Highway Dept 15,443.96

Mar-Kit Landfill 15,048.00

Moren/Law Offices Of Patrick D 4,401.80

National Business Furniture, LLC 2,069.60

North East Technical Service,Inc 17,461.20

North Leaf Auto Body 4,741.65

R & Q Trucking, Inc 6,110.00

Verus Corporation 3,300.00

Voice Products 2,639.10

WIDSETH SMITH NOLTING & ASSOC., INC. 2,850.00

59 Payments less than 2000 35,855.33

Final Total: 357,303.11

Further moved to authorize the payment of the following auditor warrants: August 23,2023 for $14,178.79; August 29,2023 for $7,751.86; September 6, 2023 for $55,098.47

Alternate Appointments

Appointment of Alternate Member for the North Country Community Health Board

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to appoint Commissioner Cody Hasbargen as an alternate member of the North Country Community Health Board.

Appointment of Alternate Member for the North Country Community Health Services Advisory Committee

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to appoint Commissioner Cody Hasbargen as an alternate member of the North Country Community Health Services Advisory Committee. 

Attorney Contract Approval

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Professional Services Contract between Lake of the Woods County and Michelle E. Moren, Attorney at Law as interim County Attorney.

Approval of Proposed 2024 Levy

Resolution

Resolution Adopting

Proposed 2024 Budget and Tax Levy

Resolution   2023-09-01

The following Resolution was proposed and moved for adoption by Commissioner Buck Nordlof:

WHEREAS, the Proposed County Budget for the year 2024 has been reviewed by the Lake of the Woods County Board of Commissioners; and 

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2024:

Revenue Fund $ 2,116,712

Road & Bridge Fund $500,000

Social Services Fund         $603,935

Economic Development Authority Fund   $60,000

2024 Proposed Budget and Tax Levy        $3,280,647

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2024:

Twp Road & Bridge $476,470*

Twp Fire – Baudette $26,750

 Twp Fire – Williams $17,101

Twp Fire – NW Angle $6,500

Total $526,821

2024

* $476,470 for Township Road & Bridge, includes $5,000 Blue Blades and $12,765 Admin of Township Roads (458,705+5,000+12,765=476,470)  

A public meeting to discuss the 2024 Proposed Budget and Tax Levy will be held on Tuesday, December 12, 2023, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

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

Public Works

Updates

County Engineer Anthony Pirkl gave an update of various projects that included: Reclaiming Birch Beach/Sandy Shores roads, Bridge Inspections, and Erosion project.

Approval of Agreement-MNDOT

Resolution

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

MNDOT AGREEMENT NO. 1054497

RESOLUTION NO. 23-09-02

WHEREAS, Lake of the Woods County and the State of Minnesota Department of Transportation enter into MNDOT Agreement No. 1054497 for the following purposes:

To provide payment by the County to the State of the County’s share of the costs of the grading, bituminous surfacing, ADA improvements, and lighting construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 72 from 475 feet north of Trunk Highway 11 to 729 feet north of Third Street NE under State Aid Project 039-626-005 and State Project No. 3905-10 (TH 72=325).

NOW THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board Chair and the Lake of the Woods County Engineer are authorized to execute the Agreement and any amendments to the Agreement.

Land & Water

Consideration of Conditional Use Permit Application #23-13CU by Dale Wang, et.al

A tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID# 19.17.23.050. Applicant is requesting a Conditional Use Permit as required by the Section of 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage. Lake of the Woods is a General Development lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #23-13CU by Dale Wange,et.al to move more than ten (10) cubic yards of material within the shore impact zone of the Lake of the Woods to repair shoreline damage.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Dale Wang Date:  September 12, 2023

Location/Legal Description:  Tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.050.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage.

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? Shoreline restoration.

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 (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods shoreline.

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? Shoreline.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods Shoreline.

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: None

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

September 12, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Consideration of Conditional Use Permit Application #23-14CU by Katherine Houser

A tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.030. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage. Lake of the Woods is a General Development lake.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the follow Conditional Use Permit/Findings of Fact #23-14CU by Katherine Houser to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage. Lake of the Woods is a General Development lake.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Katherine Houser Date:  September 12, 2023

Location/Legal Description:  Tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.030.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage.

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? Shoreline restoration.

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 (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods shoreline.

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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

Why or why not? Shoreline.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods Shoreline.

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: None

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

September 12, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Human Resources

Approval of New Job Description- Office Manager, Paralegal, Victim Witness Coordinator

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the updated job description for Office Manager, Paralegal, Victim Witness Coordinator Dena Pieper. 

Approval of Grade increase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve a grade increase for Office Manager, Paralegal, Victim Witness Coordinator Dena Pieper from Grade 11, Step 14, $28.39 at 261 points to Grade 13, Step 10, $29.52 per hour at 301 points.

Uniform Allowance

Human Resources Director Savanna Slick and Sheriff Gary Fish came to the board to ask for approval to increase the uniform allowance amount for Emergency Management Director Jill Olson from $400.00 for two part-time positions to $600.00. No action was taken by the board.

Recess

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

Attest: September 12, 2023

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen

September 27,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 27, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

Chair Buck Nordlof called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Buck Nordlof, Joe Grund, Jon Waibel, Ed Arnesen, and Cody Hasbargen. 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 changes: Add: Legislative Update, Conversation about Graceton Beach and applicable ordinances, Affidavit of Lost Warrant, Fraternal Order of Police NW MN Off-Site Gambling.

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from September 13, 2022.

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 Warrants $6,273.10; Commissioners Warrants $4,292.99; Commissioners Warrants $6,014.10.

Auditor/Treasurer

Claims

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried with Commissioner Buck Nordlof abstaining to approve the claims against the County as follows: Revenue $47,594.57; Road & Bridge $9,369.95; County Development $490.00; Joint Ditch $2,808.00; Solid Waste $24,774.49; Economic Development $1,136.12.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/27/2022 For Payment 9/30/2022

Vendor Name Amount

Andy’s Garage, Inc. 2,210.91

ByteSpeed, LLC 6,909.00

Erickson Timber Products 11,700.00

Forks Freightliner 2,135.83

Goulet/Jason 3,875.00

Larson Helicopters,LLC 2,808.00

North East Technical Service,Inc 6,283.88

Northwest Angle&Island Freight,Inc 10,750.00

Pemberton Law, P.L.L.P. 2,812.50

Quadient Finance USA Inc. 7,000.00

U.S. Bank Equipment Finance 6,268.50

Voyageurs Comtronics, Inc 2,935.54

46 Payments less than 2000 20,483.97

Final Total: 86,173.13

Further moved to authorize the payment of the following auditor warrants: September 14, 2022 for $39,273.41; September 21,2022 for $107,817.63. 

Set Work Session-Cliffs

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a work session for October 19, 2022 at 12:00 p.m. to discuss Cliffs and DNR Land. 

Set Work Session-DNR

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen to set a work session with the DNR for November 3, 2022 at 9:00 a.m.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Affidavit of Lost Warrant number 38629 in the amount of $149.55.

Fraternal Order of Police NW MN Off-Site Gambling

Resolution

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

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 22-09-03

WHEREAS; the Fraternal Order of Police NW MN #8 has submitted a Minnesota Lawful Gambling LG220 Application for Exempt Permit Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sportsman’s Lodge 2/27/2023

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

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

County Surveyor Update

County Surveyor Chad Conner gave an update on various upcoming projects and the completion of the Swiftwater project.

Amendment to Agenda

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund to add Koochiching County Jail meeting discussion to the agenda.

Koochiching County Jail Meeting

The board discussed the upcoming meeting with Koochiching County that will take place on October 3, 2022 at 1:00 p.m. Commissioners Cody Hasbargen and Jon Waibel will attend the meeting.

Legislative Update

Commissioner Ed Arnesen informed the board that the lobbyist that represent us will continue through the end of the year for $25,000 and are hoping for a special session after the election.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve up to $25,000 to Harkin Law Firm for the lobbyist representation fee.

Criminal Justice Data Communications Network (CJDN) Agreements

Motion 

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve CJDN Joint Powers Agreement contract number 216932 for the Lake of the Woods County Sheriff.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve CJDN Joint Powers Agreement contract number 216931 for the Lake of the Woods County Attorney.

Resolution

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

RESOLUTION NO. 22-09-04

RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH COUNTY OF LAKE OF THE WOODS ON BEHALF OF ITS COUNTY ATTORNEY AND SHERIFF

WHEREAS, The County of Lake of the Woods on behalf of its County Attorney and Sheriff desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the County is eligible. The Joint Powers Agreements further provide the county with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the County to pay the costs for the network connection.

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

1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of criminal Apprehension and the County of Lake of the Woods County on behalf of its County Attorney and Sheriff are hereby approved.

2. That the Lake of the Woods County Sheriff, Gary Fish, or his successor, is designated the Authorized Representative for the Sheriff. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State.

3. That the Lake of the Woods County Attorney, James Austad, or his successor, is designated the Authorized Representative for the County Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County’s connection to the systems and tools offered by the State.

4. That James “Buck” Nordlof, the Chair of Lake of the Woods County Board and Lorene Hanson, the County Auditor/Treasurer, are authorized to sign the State of Minnesota Joint Powers Agreements.

Land & Water

LOTW Floodplain Ordinance

Land & Water Director Josh Stromlund discussed the Lake of the Woods County Floodplain Ordinance and discussed changes that could be made if necessary. Section 3.13 of the ordinance could be removed as that section is covered in the Zoning Ordinance.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the LOTW Floodplain Ordinance with the following change: Remove section 3.13. 

Public Works

Solid Waste 

Landfill Fee

The consensus of the board was to set a $15.00 fee for the landfill to accept tires with rims.

Highway Department

County Engineer Anthony Pirkl discussed various projects and reviewed options for the Birch Beach, Sandy Shores meeting to be held Wednesday, September 28, 2022 at 6:00 p.m. in the Commissioners room.

Set County Road Tour Date

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set the annual county road tour date for October 19, 2022 at 2:00 p.m.

Set Joint Ditch Meeting Date

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set the joint ditch meeting with Roseau County at Arnesen’s Rock Harbor for October 19, 2022 at 6:00p.m.

RECESS

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

Attest: October 11, 2022

______________________________ _________________________________

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

September 13,2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 13, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Annual County Boat & Water Safety Grant, and Williams Potato Day Request. 

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from August 30, 2022.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the minutes from September 6, 2022.

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $12,454.15; Commissioners Warrants $2,586.44; Commissioners Warrants $10,146.26.

Auditor/Treasurer

Claims

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried with Commissioner Buck Nordlof abstaining to approve the claims against the County as follows: Revenue $55,252.36; Road & Bridge $164,922.56; County Development $180.00; Natural Resource Enhancement $3,750.00; Joint Ditch $1,671.65; Solid Waste $46,806.60; Economic Development $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/13/2022 For Payment 9/16/2022

Vendor Name Amount

AT&T Mobility 2,802.21

BAYCOM, INC. 7,420.00

Cenex Co-Op Services, Inc. 22,090.70

Counties Providing Technology 4,272.00

Earthworks Contracting Inc 65,599.98

Election Systems & Software, Inc 5,552.38

GM Construction Inc 11,178.78

Hoffman, Philipp & Martell, PLLC 7,690.00

Howard’s Oil Company 25,229.06

Integris DBA 2,165.36

Interstate Billing Service Inc 10,636.03

Lake of the Woods Electric LLC 2,160.00

LOW Highway Dept 10,620.11

LOW Marine, Inc 2,359.44

Mar-Kit Landfill 16,196.75

Nordlof/Tanner 4,101.17

Nutrien Ag Solutions Inc 24,500.00

Powerplan 2,822.88

R & Q Trucking, Inc 3,666.00

Uline 2,022.29

Wex Bank 2,161.51

WIDSETH 6,988.13

Wright Locksmith and Security Systems 4,752.96

44 Payments less than 2000 25,639.99

Final Total: 272,627.73

Further moved to authorize the payment of the following auditor warrants: August 31, 2022 for $5,284.31; September 7, 2022 for $798,695.71; September 8,2022 for $266,323.00; September 8, 2022 for ($13.46). 

LEVY APPROVAL

Resolution

Resolution Adopting

Proposed 2023 Budget and Tax Levy

Resolution   2022-09-01

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

WHEREAS, the Proposed County Budget for the year 2023 has been reviewed by the Lake of the Woods County Board of Commissioners; and 

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2023:

Revenue Fund $ 2,025,860

Road & Bridge Fund $    449,580

Social Services Fund $    603,935

Economic Development Authority Fund $      60,000

2023 Proposed Budget and Tax Levy $ 3,139,375

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2023:

Twp Road & Bridge   $   471,470*

Twp Fire – Baudette $     25,000

Twp Fire – Williams $     16,881

Twp Fire – NW Angle $       6,500

Total $   519,851

2023

* $471,470 for Township Road & Bridge, includes $12,765 Admin of Township Roads (458,705+12,765=471,470)  

A public meeting to discuss the 2023 Proposed Budget and Tax Levy will be held on Tuesday, December 13, 2022, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

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

MOTORPOOL

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to transfer the CRV from the Motorpool back into the Assessors office for their use and to transfer the Dodge Journey from the Highway Department to the Motorpool.

VOYAGEURS

The board discussed a letter received from Voyageurs Comtronics Corporation informing them that the agreement for TV Translator Maintenance will be terminated by the end of December 2022. It was the consensus of the board to reach out to Roseau County to discuss options.

Flag Island Cigarette License

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Cigarette License for Flag Island Resort LLC.

Wheelers Point On/Off Sale & Sundays

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the application for On/Off Liquor sale and Sunday sale from Wheelers Point Resort.

LOW Drifters Trail Improvement Grant

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and moved for adoption: 

MN Snowmobile Trail Assistance Program

Trail Improvement Grant

Resolution – 22-09-02

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

WHEREAS, the Lake of the Woods County recognizes that the Lake of the Woods Area Drifters Snowmobile Club will be contributing a twenty-five percent (25%) cash match to the project. 

NOW, THEREFORE, BE IT RESOLVED, if Lake of the Woods County is awarded a grant by the Minnesota Department of Natural resources, the County agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project.  The County will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and

BE IT FURTHER RESOLVED that this resolution be in effect for a five-year period, good through September 2027, and;

BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Trail Program Grant Manual and certifies it will report any actual, potential, perceived, or organizational conflicts of interest upon discovery to the state related to the application or grant award, and;

BE IT FURTHER RESOLVED, the County Board names the fiscal agent for Lake of the Woods County as: 

Lorene Hanson 

County Auditor-Treasurer

206 8th Ave SE, Suite 260, 

Baudette, MN 56623

BE IT FURTHER RESOLVED, the County hereby assures the trail improvements will be maintained for a period of no less than twenty (20) years as required by the Recreational Trail Grant Programs.

Williams Potato Day Request

A letter from the Williams Potato Day Committee was presented to the board requesting a donation to help support the 70^th annual Potato Day event in 2023.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to make a donation in the amount of $1000.00 to the Williams Potato Day Committee.

Human Resources

Add to Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to add Permission to Hire to the Agenda.

Salary Approvals

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried with Commissioner Cody Hasbargen abstaining to approve the following salary changes: Brock Stebakken increase 3 steps to Grade 14, Step 8, 29.21 per hour. One step increase for the following: Keith Grund Grade 15, Step 8, $30.83 per hour; Jane Larson Grade 13, Step 4, $25.62 per hour; Mike Huerd Grade 11, Step 10, $25.80 per hour. The following non-union changes were also approved: Boyd Johnson Grade 16, Step 13, $35.63 per hour; Christine Hultman Grade 13, Step 9, $28.21 per hour; Rita Hasbargen Grade 13, Step 7, $27.17 per hour. These changes will take place the next full pay period 9/18/22.

Permission to Hire

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to hire Richard McKeever as part-time temporary heavy equipment operator at the Northwest Angle at Grade 11, Step 1, $21.68 per hour at 265 points.

Approval of Annual County Boat & Water Safety Grant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Annual County Boat & Water Safety Grant as presented and to have Board Chair Buck Nordlof and Sheriff Gary Fish to sign the same.

Public Works

Solid Waste Assessment Increase Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the Solid Waste Assessments to increase from $120.00 to $130.00, for the resorts to pay the full $130 and for the ice road assessment to be $1560.00.

Cliffs Natural Resources

Scott Gischia and Sandy Karnowski representatives of Cliffs Natural Resources came to the board to discuss a request to re-evaluate a settlement agreement on a wetland site just north of Williams that was agreed upon between Lake of the Woods County, Cliffs Natural Resources, and the DNR. No action was taken at this time. The board will set a work session for this request at the next board meeting.

Land & Water

Consideration of Zone Change #22-05ZC by Long Point Association

Land & Water Director Josh Stromlund presented the following Consideration of Zone Change #22-05ZC by Long Point Association: A tract of land located in Government Lot Five (5), Section Thirty-six (36), Township One-hundred Sixty-four (164) North, Range Thirty-four (34) West. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of continued development of the property.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Consideration of Zone Change/Findings of fact by Long Point Association to amend Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of continued development of the property.

Lake of the Woods County 

Rezoning

Findings of Fact and Decision

Name of Applicant:	Long Point Association, Inc.	Date:	September 13, 2022
Location/Legal Description:	A tract of land within Government Lot Five (5), Section Thirty-six (36), Township One hundred Sixty-four (164) North, Range Thirty-four (34) West
Current Zoning Classification:	Special Protection	Proposed:	Rural Residential (R2)
Parcel Number(s):	13.36.41.000 through 13.36.41.251	Application Number:	22-05ZC

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.

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:	Recreational recreation area.

2. Are the existing surrounding land uses consistent with the proposed zoning classification?

X Yes ___No

Comments:	Residential.

3. Will the zone change alter the characteristics of the neighborhood?

___Yes X No

Comments:	No change.

4. 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.

5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal? ___Yes X No

Comments:	No change.

6. 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.

7. Has there been a change in the development in the general area of the property in questions?

X Yes ___No

Comments:	Expansion into a Special Protection Zone over many years.

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.

September 13, 2022 _______________________________

Date James Nordlof

Chair, County Board of Commissioners

Consideration of Conditional Use Permit #22-13CU By Janelle and Shawn Reed

Land & Water Director Josh Stromlund presented the following Consideration of Conditional Use Permit #22-13CU by Janelle and Shawn Reed: Lots 4 and 5, Block 1 of Himberg Estates in Section Ten (10), Township One-Hundred Sixty (160) North, Range Thirty (30) West- Parcel ID#31.54.01.040. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to use a Recreational Vehicle (RV) in a Residential Development (R1) Zoning District on Rainy River. Rainy River is an Agricultural River Segment.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact to use a Recreational Vehicle (RV) in a Residential Development (R1) Zoning District on Rainy River with the following conditions:

1. Seven (7) year sunset on Conditional Use Permit (1/1/2030)

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Shawn and Janelle Reed Date:  September 13, 2022

Location/Legal Description:  Lots 4 and 5, Block 1, Himberg Estates in Section 10, T. 160N, R. 30W

Project Proposal:  Applicant is requesting to allow placement of a recreational vehicle within the shoreland area of the Rainy River.

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? Allows recreational activity.

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? Access to Highway 11.

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? On shoreland property/recreational.

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? Portable holding tank.

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

Why or why not? Well screened.

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 (X)  NO (  )  N/A (  )

Why or why not? On site for parking.

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

The specific conditions of approval are as follows:

1. Seven (7) year sunset on Conditional Use Permit (1/1/2030).

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

September 13, 2022 _____________________________________

Date James Nordlof

Chair, County Board

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

RECESS

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

Attest: September 27, 2022

______________________________ _________________________________

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

September 28, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 28, 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.  Also present: Auditor-Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Procurement Policy/Auditor-Treasurer; Remove: Set Public Hearing/Auditor-Treasurer.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of September 14, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $12,929.21; Commissioners Warrants $2,444.02; Commissioners Warrants $32,106.28.

MFIP Biennial Service Agreement for 2022-23

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2022-2023 County Minnesota Family Investment Program (MFIP) Biennial Service Agreement.

AUDITOR/TREASURER
Claims
Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $46,770.26; Road & Bridge $25,309.86; County Development $4,551.00; Solid Waste $25,943.13; EDA $897.25. 

WARRANTS FOR PUBLICATION

Warrants Approved On 9/28/2021 For Payment 9/30/2021

Vendor Name Amount

ByteSpeed, LLC 2,330.00

DSC Communications 7,630.90

Freeberg & Grund, Inc 6,537.50

Hoffman, Philipp & Martell, PLLC 12,600.00

Lakewood Health Center 2,175.14

M-R Sign Co, Inc 3,551.00

Mn Dept Of Transp 3,168.00

North Star Electric 3,877.85

Quadient Finance USA Inc. 5,000.00

Roseau County Highway Dept 2,199.24

Short Elliott Hendrickson, Inc 15,588.62

Titan Machinery – Roseau 3,172.25

U.S. Bank Equipment Finance 6,268.50

50 Payments less than 2000                                         29,372.50

Final Total:   103,471.50

Further moved to authorize the payment of the following auditor warrants: September 16, 2021 for $467,072.43; September 22, 2021 for $41,200.81.

Department of Public Safety and DVS Lease Agreement
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a lease with the State of Minnesota commencing January 1, 2022 and continuing through June 30, 2025 for the benefit of the Department of Public Safety, Driver and Vehicle Services.

Request For County Issued Credit Card
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a request for a county issued credit card with $1,500 limit for Sheriff’s Department employee, Tamara Maurer, Jail Administrator/TAC.

Resolution Authorizing Application for Family Homelessness Prevention and Assistance
Resolution

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

Resolution Authorizing Application for

Minnesota Housing and Finance Agency

Family Homelessness Prevention and Assistance Program

2021-09-04

WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide funds for Family Homeless Prevention & Assistance Projects; and,

WHEREAS, Tri-Valley Opportunity Council, Inc. in the nine-county region of northwest Minnesota has developed an application for the Minnesota Housing Finance Agency Family Homelessness Prevention and Assistance Program; and

WHEREAS, Tri-Valley Opportunity Council, Inc. has demonstrated the ability to perform the required activities of the Minnesota Housing Finance Agency Family Homelessness Prevention and Assistance Program;

NOW, THEREFORE, be it resolved that Tri-Valley Opportunity Council, Inc. is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Family Homelessness Prevention and Assistance Program in the county of Lake of the Woods, Minnesota.

Procurement Policy
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the September 28, 2021 revision to the Lake of the Woods County Federal Award Procurement Policy.

HUMAN RESOURCES
Permission to Hire Full-Time Deputy Sheriff

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to hire Andrew Jespersen to the full-time Deputy Sheriff position at Grade 12, Step 2, Points 282, effective September 15, 2021.

Permission to Promote Deputy Sheriff to Sergeant

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to promote Deputy Sheriff Russell Platz to Sergeant at Grade 14, Step 9, Points 349, effective September 15, 2021.

Update to the County Personnel Policy and Procedures Per MN Statute

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to update, per MN Statute, the Lake of the Woods County Personnel Policies and Procedures, Chapter 4, Section 2, Part d. Military Leave.

Permission to Advertise, Interview and Hire

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Jon Waibel and carried unanimously to advertise, interview and hire for Deputy Auditor/Treasurer – License Clerk.

PUBLIC WORKS

Highway
Approve Final SAP 039-594-001

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to authorize final payment of SAP 039-594-001 for Davidson Construction of $1,206,952.54.

Add to Agenda:
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to add, Border Ridge Trucking Contract Change, to the Agenda under Public Works.

Border Ridge Trucking Contract Change
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to acknowledge a change in ownership of Border Ridge Trucking to Accurate HD.  Lake of the Woods County’s contract with Border Ridge Trucking will be fulfilled by Accurate HD.

Change Road Tour Date
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to change the road tour date from October 13^th at 8:00 a.m. to October 20^th at 11:00 a.m.

CARA GRANT UPDATE

Tammie Doebler, with the Lake of the Woods Prevention Coalition (LWPC), provided an update to the Board on the First-Responders Comprehensive Addiction and Recovery Act (CARA) Grant. The CARA Grant is a nationally competitive grant awarded by the US Department of Health & Human Services Substance Abuse and Mental Health Services Administration.  The goal of the grant is to reduce opioid and related substance use and overdoses.  Through this grant, the LWPC has coordinated Narcan training, crisis intervention training, community education, tele-health services for inmates, related support and equipment for local law enforcement and worked with student groups to prevent youth substance abuse.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:04 a.m.

Attest: October 12, 2021

_________________________________ _________________________________

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