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

September 22, 2020

AGENDA – Tuesday, September 22, 2020

TIME TAB

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

Approve Agenda

Approve Minutes of September 8, 2020

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Proposed 2021 Tax Levy/Resolution

9:20 a.m. #4 Kent Hanson from Cenex Co-Op

9:50 a.m. #5 County Highway/Landfill 

  • Highway Update
  • Landfill Update

10:30 a.m.      #6 Hoffman, Philipp and Knutson Audit Exit

11:30 a.m.  #7 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

September 22, 2020

Commissioner Proceedings

September 22, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 22, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Vice-Chair Ed Arnesen 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: County Auditor/Treasurer Lorene Hanson.

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: Approve minutes from September 16, 2020 and Cares Act. Remove: Hoffman, Philipp and Knutson Audit Exit.

KENT HANSON FROM CENEX CO-OP

Kent Hanson presented a resolution and was asking for support from the County Board for the establishment of a natural gas distribution system within certain areas of Lake of the Woods County.  There was no action taken at the time and it was tabled for further discussion later in the meeting.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized 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 16, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrant’s $10,889.24 Commissioners Warrant’s $4,234.87, Commissioners Warrant’s $5,257.12.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $97,871.58; Road & Bridge $13,668.15; County Development $1050.00; Joint Ditch $702.50; Solid Waste $31,357.06, EDA $843.24.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/22/2020 For Payment 9/25/2020

Vendor Name Amount

Bollig Inc 23,626.00

Cenex Co-Op Services, Inc. 14,421.02

Counties Providing Technology 3,751.00

Cps Technology Solutions 3,995.00

Hoffman, Philipp & Knutson, PLLC 12,650.00

John Deere Financial 2,501.44

Lakewood Health Center 14,443.05

LOW Highway Dept 7,033.75

M-R Sign Co, Inc 2,084.95

Motorola Solutions, Inc 15,793.24

Nelson’s Collision Center (Dba) 9,584.13

Premier Biotech, Inc 2,020.54

Quadient Finance USA Inc. 2,000.00

R & Q Trucking, Inc 3,090.00

Royal Tire Inc 3,208.08

SeaChange Print Innovations 3,509.46

U.S. Bank Equipment Finance 6,268.50

34 Payments less than 2000 15,512.37

          Final Total: 145,492.53

Further moved to authorize the payment of the following auditor warrants: September 8, 2020 for $101,160.89, September 15, 2020 for ($955.66), September 15, 2020 for $228,152.69, September 16, 2020 for $14,873.14.

Proposed 2021 Tax Levy Resolution

Resolution Adopting

Proposed 2021 Budget and Tax Levy

Resolution   2020-09-01

The following Resolution was proposed and moved for adoption by Commissioner Joe Grund:

WHEREAS, the Proposed County Budget for the year 2021 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 2021:

Revenue Fund $ 1,768,300

Road & Bridge Fund $    449,580

Social Services Fund $    603,935

Economic Development Authority Fund $      60,000

2021 Proposed Budget and Tax Levy $ 2,881,815   

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2021:

Twp Road & Bridge $   451,470* 

Twp Fire – Baudette $     25,000

Twp Fire – Williams $     14,872

Twp Fire – NW Angle $       6,500

Total $   497,842

2021

* $451,470 for Township Road & Bridge, includes $12,765 Admin of Township Roads (438,705+12,765=451,470)  

A public meeting to discuss the 2021 Proposed Budget and Tax Levy will be held on Tuesday, December 16, 2020, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

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

COUNTY HIGHWAY/LANDFILL

Highway Update

County Engineer, AJ Pirkl, provided a highway project update.

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

TRANSPORTATION AND ECONOMIC DEVELOPMENT

 PROGRAM APPLICATION

Resolution No. 2020-09-02

BE IT RESOLVED that, Lake of the Woods County will act as the legal sponsor for the Northern Excellence Seed Turn Lane project and requests funding from the Transportation Economic Development (TED) Program of the Minnesota Department of Transportation; and,

BE IT FURTHER RESOLVED that, Lake of the Woods County has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure matching funds and adequate construction of the proposed project; and,

BE IT FURTHER RESOLVED that, Lake of the Woods County has not violated any Federal State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and,

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

BE IT FURTHER RESOLVED that, Lake of the Woods County will commit the required local match; and,

BE IT FURTHER RESOLVED that, Lake of the Woods County confirms if the project cost increases above the amount listed in the Application, Lake of the Woods County will provide or secure all additional funds necessary to complete the project; and,

BE IT FURTHER RESOLVED that, Lake of the Woods County certifies that it will comply with all applicable laws, regulations and rules of the Application; and,

BE IT FURTHER RESOLVED that, the sources and uses, private investors, equity and other financing commitment represented in the attached document are accurate.

NOW, THEREFORE BE IT RESOLVED, that Lake of the Woods County Board Chair, Jon Waibel and Lake of the Woods County Engineer, Anthony “AJ” Pirkl, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as necessary to implement the project on behalf of the applicant.

Landfill Update

County Engineer, AJ Pirkl, provided a landfill update.

CARES ACT

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following appropriations of the CARES ACT funds: $300,000 for the Economic Development Authority for small businesses, up to $13,636 for the City of Williams, up to $10,000 for Lake of the Woods County Social Services, $50,000 for Lake of the Woods School, and the remaining funds for other Lake of the Woods County expenses.

KENT HANSON FROM CENEX CO-OP

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

RESOLUTION APPROVING

NORTHERN TIER NATURAL GAS SYSTEM

Resolution No. 2020-09-03

WHEREAS, Lake of the Woods County Board met on September 22, 2020; and,

WHEREAS, Northern Tier Natural Gas, LLC (an LLC organized and existing through the laws of Minnesota with the sole member being Coop Service, Inc of Baudette) has proposed to build and operate a new natural gas distribution system to serve residential and commercial customers in unincorporated areas within Baudette, Wabanica and Wheeler townships in Lake of the Woods County; and,

WHEREAS, prospective customers within the proposed Northern Tier Natural Gas service area have expressed a desire for natural gas service; and

WHEREAS, the Lake of the Woods County Board finds that addition of a natural gas distribution system within the County would enhance overall utility service for prospective customers; and

WHEREAS, Northern Tier Natural Gas has appeared before this Board and has provided assurances that it is obtaining all necessary regulatory approvals for construction and operation of the natural gas distribution system from applicable regulatory agencies including:  1) the Minnesota Public Utilities Commission, 2) the Minnesota Office of Pipeline Safety, 3) the Minnesota Department of Transportation, 4) the Minnesota Department of Natural Resources and 5) the Lake of the Woods County Highway Department; and

WHEREAS, Northern Tier Natural Gas has agreed to provide periodic progress reports to this Board regarding development, construction and operation of the proposed natural gas distribution system; 

BE IT RESOLVED, that Lake of the Woods County Board approves of the establishment of a natural gas distribution system within unincorporated areas of Lake of the Woods County by Northern Tier Natural Gas, LLC as described above.

BUDGET WORK SESSION

It was the consensus of the Board to postpone the Budget Work Session to October 7, 2020 at 5:00 p.m.

RECESS

With no further business before the Board, Vice-Chairman Ed Arnesen called the meeting to recess at 10:10 a.m. 

Attest: October 13, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chairman Ed Arnesen

September 16, 2020

Commissioner Proceedings

September 16, 2020

The Lake of the Woods County Board of Commissioners met in special session on Wednesday, September 16, 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 5:00 p.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, Ed Arnesen, and Cody Hasbargen. Also present: County Auditor/Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

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

ECONOMIC DEVELOPMENT ABATEMENT

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve setting a public hearing date of Tuesday, October 13, 2020 at 10:00 a.m. at the Government Center in the Commissioners’ Room. The County Board of Commissioners will be reviewing a proposal requesting an abatement for all or a portion of property taxes levied by the Lake of the Woods County on the property in the City of Baudette with the following property identification number 60-5007-080.

DEPARTMENT OF REVENUE – SET HEARING DATE

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve setting a public hearing date of Tuesday, October 13, 2020 at 10:30 a.m. at the Government Center in the Commissioners’ Room for notice of a proposed ordinance. The County Board of Commissioners will be reviewing the Administration of Lodging Tax to be conducted by the Minnesota Department of Revenue.   

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 6:00 p.m.

Attest: September 22, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chair of the Board, Ed Arnesen 

September 8, 2020

AGENDA – Tuesday, September 8, 2020

TIME TAB

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

Approve Agenda

Approve Minutes of August 25, 2020

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Vehicle for the Baudette International Airport
  • Letter to Sanford
  • Letter of Intent to Department of Revenue


9:15 a.m. #4 Legislators

  • Senator Paul Utke
  • Representative Matt Grossell

9:45 a.m. #5 Human Resources

  • Permission to Hire: Full-time Permanent Custodian
  • Social Services Income Maintenance /CS Supervisor
  • Law Enforcement Compensation Requests

9:55 a.m. #6 Sheriff

  • Stonegarden Contracts


10:00 a.m. #7 Land and Water Planning

  • Consideration of Zone Change #20-01ZC by S & J Real Estate, LLC
  • Consideration of Conditional Use Permit #20-06CU by Richard Schram

10:15 a.m. #8 County Highway/Landfill

  • Highway Update
  • Landfill Update

10:30 a.m. #9 Economic Tax Abatement Work Session

2:00 p.m. #10 Road Tour: Landfill/Rotochopper Demonstration


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

September 8, 2020

Commissioner Proceedings

September 8, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, September 8, 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, Jon Waibel, Buck Nordlof and Ed Arnesen. Absent was Commissioner Cody Hasbargen. Also present was: County Auditor/Treasurer Lorene Hanson.

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: addition of a closed session for personnel, reschedule the economic tax abatement work session for September 9, 2020 during the 2021 Budget Work Session and move up the time of the Road Tour/Rotochopper Demonstration.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of August 25, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrant’s $3,262.43, Commissioners Warrant’s $18,157.32, Commissioners Warrant’s $9,461.16.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $29,507.43; Road & Bridge $218,017.63; County Development $11,825.50; Solid Waste $20,027.25, EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/08/2020 For Payment 9/11/2020

Vendor Name Amount

Freeberg & Grund, Inc 2,235.00

KGM Contractors Inc 18,492.00

Mar-Kit Landfill 15,837.75

Plutko Plumbing & Heating 8,132.65

Powerplan 5,402.41

Titan Machinery – Roseau 17,400.00

Tritech Software Systems 2,299.50

True North Equipment Co 154,750.00

Widseth Smith Nolting&Asst Inc 21,741.15

Woody’s Service 4,888.17

   53 Payments less than 2000     28,243.74

Final Total:   279,422.37

Further moved to authorize the payment of the following auditor warrants: August 26, 2020 for $53,203.84 and September 2, 2020 for $46,383.48.

Vehicle for the Baudette International Airport

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the transfer of a county owned vehicle, a 2011 Chevrolet Caprice, to the Baudette International Airport.

Letter to Sanford

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve a letter to be sent to Sanford regarding the termination of the lease for space in Government Center North effective January 1, 2021.

LEGISLATORS

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

HUMAN RESOURCES

Permission to Hire: Full-time Permanent Custodian

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve changing the previous request for permission to advertise, interview and hire for a Temporary COVID-19 Cleaning Specialist, to permission to advertise, interview and hire for a Full-time Permanent Custodian II.

Social Services Income Maintenance/ CS Supervisor

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve a grade increase from grade 13, step 9 to grade 15, step 9 for Financial Assistance Supervisor Angie Eason effective the next full pay period.

Law Enforcement Compensation Requests

It was the consensus of the Board to continue this discussion during the closed personnel session.

SHERIFF

Stonegarden Contracts

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the 2018 Operation Stonegarden Grant Agreement for $120,000, the 2019 Operation Stonegarden Grant Agreement for $128,000 and for Commissioner Jon Waibel to sign the same.  

LAND AND WATER PLANNING

Consideration of Zone Change #20-01ZC by S & J Real Estate, LLC
Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Zone Change #20-01ZC by S & J Real Estate, LLC:  Lot 1, Block 1, Lukes Estates in Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.58.01.010. Applicant is requesting a Zone Change from Section 303 of the Lake of the Woods County Zoning Ordinance to change the current zoning from Residential District (R-1) to a Commercial-Recreation District. One letter of correspondence was received from the public.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact for S & J Real Estate, LLC. to change the current zoning from Residential District (R-1) to a Commercial-Recreation District, without conditions: 

Lake of the Woods County Rezoning Findings of Fact and Decision
Name of Applicant:S & J Real Estate, LLCDate:September 2, 2020
Location/Legal Description:Lot 1, Block 1, Lukes Estates of Section 24, Township 162N, Range 32W (Wheeler Township)
Current Zoning Classification:Residential Development (R1)Proposed:Commercial-Recreation
Parcel Number(s):19.58.01.010Application Number:20-01ZC

The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board 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

CommentsComments
Comments:Resort area, previously commercial, also within the growth corridor
  1. Are the existing surrounding land uses consistent with the proposed zoning classification?

_x__ Yes___No

CommentsComments
Comments:No change from past years, previously residential
  1. Will the zone change alter the characteristics of the neighborhood?

___Yes_x__ No

CommentsComments
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

CommentsComments
Comments:None/no change
  1. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

___ Yes_x__No

CommentsComments
Comments:No change/none
  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

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

___ Yes_x__No

CommentsComments
Comments:Same use

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

___Yes_x__ No

CommentsComments
Comments:Should improve values – replaced old trailer house with new rental cabin
CommentsComments
Conditions: None

The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners adopt the above findings and DENY / APPROVE the application for a zone change be WITH / WITHOUT conditions.

_____________________________________     September 2, 2020

Tom Mio Date

Chair, Planning Commission

The Lake of the Woods County Board of Commissioners hereby adopt the above findings of fact of the Lake of the Woods Planning Commission WITH / WITHOUT modification(s) and DENY / APPROVE the application for a zone change WITH / WITHOUT special conditions.

_____________________________________ September 8, 2020

Jon Waibel Date

Chair, County Board of Commissioners


Consideration of Conditional Use Permit #20-06CU by Richard Schram

Land and Water Planning Director, Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #20-06CU by Richard Schram: A tract in Government Lot 2, Section Seven (7), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#19.65.00.080. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to allow the applicant to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repairing shoreline damage. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Findings of Fact for Richard Schram to allow the applicant to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repairing shoreline damage, as presented:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Richard and Lynn Schram____                      Date:  September 8, 2020

Location/Legal Description:  A tract in Gov. Lot 2, Section 7, Township 162 North, Range 32 West – Parcel ID #19.65.00.080.

Project Proposal:  Place more than 10 cubic yards of material in the shore impact zone of Lake of the Woods for the purpose of rip-rap. Lake of the Woods is a General Development Lake.

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

Why or why not? __Shoreline protection____________________________________

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 ( x ) NO (  )  N/A (  )

Why or why not? ___Shoreline protection___________________________________

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

Why or why not? __Will not_____________________________________________

  1. 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? ___Shoreline____________________________________________

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

YES ( x )  NO (  )  N/A (  )

Why or why not? ___Reason for project_____________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? _______________________________________________________

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

YES ( x )  NO (  )  N/A (  )

Why or why not? __Reason for project_______________________________________

  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 (  )  NO (  )  N/A ( x )

Why or why not? ______________________________________________________

  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:  ____________________________________________

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

September 8, 2020                                

    Date                                                 Jon Waibel

                          Chair, County Board

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

COUNTY HIGHWAY/LANDFILL

Highway Update

County Engineer, AJ Pirkl, provided a highway project update.

Landfill Update

County Engineer, AJ Pirkl, provided a landfill update.  A response was received from the MPCA and a meeting regarding permits has been set for September 24, 2020.

CLOSED SESSION

Motion

Motion was made by Commissioner Ed Arnesen to close the regular meeting at 11:00 a.m. pursuant to MN Stat. § 13D.05, subd 2 Personnel and open the closed session. The motion was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried. 

The following members were present: Commissioners: Joe Grund, Jon Waibel, Buck Nordlof, and Ed Arnesen. Others in attendance were: County Attorney Jim Austad, County Sheriff Gary Fish, County Human Resources Director Savanna Slick and County Auditor/Treasurer Lorene Hanson. 

Motion

Motion was made by Commissioner Buck Nordlof to close the closed session and open the regular meeting at 11:45 a.m. The motion was seconded by Commissioner Ed Arnesen and the same being put to a vote, was unanimously carried. 

AGENDA ADDITION

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve adding to the agenda under Human Resources: Advertise, Interview and Hire: E-911 Dispatcher/Corrections Officer.

HUMAN RESOURCES

Advertise, Interview and Hire: E-911 Dispatcher/Corrections Officer

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Sheriff’s department to advertise, interview and hire a full-time, nightshift, E-911 Dispatcher/Corrections Officer at points 237, grade 10, step 1, $19.24 per hour.

Law Enforcement Compensation Requests

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve a $500 per month stipend for employees, Sandy Peterson and Tami Maurer.  The stipend will be retroactive to March 2020 through September 2020 and be reviewed monthly thereafter. 

AUDITOR/TREASURER

Letter of Intent to Department of Revenue

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve sending a letter of intent to the Department of Revenue.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 12:00 p.m. and the Board continued on with the road tour to the landfill for a Rotochopper demonstration.

Attest: September 22, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chair of the Board, Ed Arnesen

August 25, 2020

AGENDA – Tuesday, August 25, 2020

TIME TAB

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

Approve Agenda

Approve Minutes of August 13, 2020

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims

9:15 a.m. #4 County Highway/Landfill

  • Highway Update
  • CSAH 9 Gravel Stabilization
  • Landfill Update
  • U of M Policy Research Presentation

9:45 a.m. #5 COVID-19

  • Update
  • Other Concerns

9:55 a.m. #6 CARES Act

10:30 a.m. #7 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

August 25, 2020

Commissioner Proceedings

August 25, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, August 25, 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, Jon Waibel, Buck Nordlof, Cody Hasbargen and Ed Arnesen. Also present was: County Auditor/Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following addition: SandPieper Design Inc. Website Contract.

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 August 13, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrant’s $14,669.46, Commissioners Warrant’s $3,506.16, Commissioners Warrant’s $2,534.80.

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 $32,637.25; Road & Bridge $23,675.43; Solid Waste $23,508.64; EDA $829.87.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/25/2020 For Payment 8/28/2020

Vendor Name Amount

Contech Engineered Solutions LLC 17,019.00

Counties Providing Technology 3,831.00

Lakewood Health Center 2,176.25

Mar-Kit Landfill 16,538.50

Outdoors Again 3,363.29

SeaChange Print Innovations 3,942.92

U.S. Bank Equipment Finance 6,268.50

Voice Products 6,350.00

50 Payments less than 2000                             21,161.73

                                                Final Total: 80,651.19

Further moved to authorize the payment of the following auditor warrants: August 12, 2020 for $478,063.29.

SandPieper Design Inc. Website Contract

It was the consensus of the Board to move forward and sign the contract with SandPieper Design Inc. for the Lake of the Woods County website design and development.

COUNTY HIGHWAY/LANDFILL

U of M Policy Research Presentation

University of Minnesota Graduate Student presented research on solid waste policy.

Highway Update

County Engineer, AJ Pirkl, provided a highway update.  Ditching along County Road 4 to the offtake is complete and the County will be looking at purchasing right of way to continue that work.

CSAH 9 Gravel Stabilization

It was the consensus of the Board to complete a gravel stabilization project on CSAH 9 at a total cost of approximately $70,000.


Landfill Update
County Engineer, AJ Pirkl, provided a landfill update.  Erosion sock is ready to sell.  The Board will take a road tour to the landfill after the Board meeting on September 8th at 2 p.m. for a Rotochopper demonstration.

COVID-19

Update

CHI LakeWood Public Health Manager, Kay M. Schell, provided an update on COVID-19 testing. No new positives were reported.  The total number of tests completed for Lake of the Woods County was at 341 with 186 of those tests done at CHI LakeWood Health.

CARES ACT

The Board will coordinate another meeting with Economic Development Director, Ryan Zemek.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 10:07 a.m. and the Board continued on with the 2021 Budget Work Session.

Attest: September 8, 2020

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel

August 13, 2020

AGENDA – Thursday, August 13, 2020

TIME TAB

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

Approve Agenda

Approve Minutes of July 28, 2020

9:05 a.m. #2 Social Services

  • Claims

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

  • Claims
  • Wells Fargo Signature Card for MV Checking Account: Add License Agent Jeffrey Hovde
  • Motion to Hire for Training

9:15 a.m. #4 Land and Water

  • Consideration of Conditional Use Permit Application #20-05CU by JRF Properties, LLC

9:25 a.m. #5 County Highway/Landfill

  • Railroad Crossing Agreement Update
  • Highway Update
  • Landfill Update


9:35 a.m. #6 Willie Walleye Fund

9:45 a.m. #7 Depot Preservation Alliance


9:55 a.m. #8 Human Resources

  • Request to Advertise, Interview & Hire: Infectious Control/Custodian II

10:00 a.m. #9 Sheriff

  • Jail Administrator/E911 Corrections Officer Duties

10:05 a.m. #10 Economic Development – Ryan Zemek

  • Tax Abatement

10:30 a.m. #11 Emergency Management

  • Approval to purchase two portable radios

10:35 a.m. #12 COVID-19

  • Update
  • Other Concerns

10:45 a.m. #13 CARES ACT Workshop 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

August 13, 2020

Commissioner Proceedings

August 13, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Thursday, August 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, Jon Waibel, Buck Nordlof, Cody Hasbargen and Ed Arnesen. Also present was: County Auditor/Treasurer Lorene Hanson.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following additions: Extension of Lease Agreement.

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 July 28, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $13,469.99, Commissioners Warrant’s $2,289.88, Commissioners Warrant’s $19,983.30.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $90,757.30; Road & Bridge $40,413.59; County Development $200; Joint Ditch $1,952.50; Solid Waste $14,435.01; EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/13/2020 For Payment 8/14/2020

Vendor Name Amount

Arrowhead Library System 33,118.00

Cenex Co-Op Services, Inc. 6,406.57

Freeberg & Grund, Inc 2,270.00

Hoffman, Philipp & Knutson, PLLC 4,375.00

Holen Electric 5,582.50

Howard’s Oil Company 7,442.44

LOW Highway Dept 7,740.92

LOW School District–390 3,850.00

LOW Soil & Water Cons. Dist. 28,623.00

R & Q Trucking, Inc 3,090.00

Royal Tire Inc 3,200.40

Terry’s Tree Service 2,000.00

Walker Pipe & Supply 11,341.00

Woody’s Service 3,606.94

62 Payments less than 2000                                            25,156.19

                                             Final Total: 147,802.96

Further moved to authorize the payment of the following auditor warrants: July 29, 2020 for $40,931.42; July 29, 2020 for $1,877.80; August 4, 2020 for $302,611.25; August 4, 2020 for ($2,201.80), August 5, 2020 for $12,008.60.

Wells Fargo Signature Card for MV Checking Account 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to authorize County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Erik Tange, Deputy Auditor/Treasurer Jaime Boretski-LaValla, Deputy Auditor/Treasurer Connie Nesmith and Deputy Auditor/Treasurer Jeffrey Hovde for account number 5502 effective 08/13/2020.

Motion to Hire for Training

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to authorize County Auditor/Treasurer Lorene Hanson to hire Dawn Christianson to a temporary part-time (an average of five days per month) training position through June 2021 at $30.00 per hour.

Extension of Lease Agreement

It was the consensus of the Board for the Extension/4-H office to move to a smaller room within Lake of the Woods School at a monthly rental rate of $250.00.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit Application #20-05CU for JRF Properties, LLC:  Lots 1-6, Block 2, Marina Drive Estates, Section Thirty-six (36), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Lake of the Woods County, Minnesota – Parcel IDs# 19.70.02.010 through 19.70.02.060. Applicant is requesting a Conditional Use Permit as required by Section 401-D of the Lake of the Woods County Zoning Ordinance, to allow the operation of a commercial business consisting of a seasonal camping area/RV Park in a Commercial-Recreation District. The proposed project area is non-shoreland. Stromlund reviewed the findings of facts with the board and informed the board that the Planning Commission recommends approval with the following conditions: minimum lot size of 3,000 square feet per unit site, must meet density requirements, must meet Department of Health standards and if required, must obtain a stormwater permit from Minnesota Pollution Control Agency (MPCA). No correspondence was received from the public.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Conditional Use Permit for JRF Properties, LLC with the following conditions:

  1. Minimum lot size of 3,000 square feet per unit site.
  2. Must meet density requirements.
  3. Must meet Department of Health standards.
  4. If required, must obtain a stormwater permit from Minnesota Pollution Control Agency (MPCA).

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  JRF Properties, LLC Date:  August 13, 2020

Location/Legal Description:  Lots 1-6, Block 2, Marina Drive Estates, Section Thirty-six (36), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Lake of the Woods County, Minnesota – Parcel IDs 19.70.02.010 through 19.70.02.060.

Project Proposal:  To allow the operation of a commercial business consisting of a seasonal camping area/RV Park in a Commercial-Recreation 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? _Resort/Recreational Area and is within the Rainy River Growth Corridor. 

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

YES ( x )  NO (  )  N/A (  )

Why or why not? _Must meet state and local requirements.

  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? __No change.

  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? __State Hwy 172 plus one private and County Road.

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

Why or why not? __Adjacent to other recreational campground.

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 ( x )  NO (  )  N/A (  )

Why or why not? _Will be constructed to standards.

  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 ( x )  NO (  )  N/A (  )

Why or why not? __Either sewer system or septic and will provide an additional well.

  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? _Planting trees on North and East side of Lots 1-6, Block 2.

  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 ( x )  NO (  )  N/A (  )

Why or why not? _Small sign on County Road between Block 1 and 2.

  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 ( x )  NO (  )  N/A (  )

Why or why not? _Adequate parking exists on the property.

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. Minimum lot size of 3,000 square feet per unit site.
  2. Must meet density requirements.
  3. Must meet Department of Health standards.
  4. If required, must obtain a stormwater permit from Minnesota Pollution Control Agency (MPCA).

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

August 13, 2020 _____________________________________

Date Jon Waibel

        Chair, County Board

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

COUNTY HIGHWAY/LANDFILL

Railroad Crossing Agreement Update
County Engineer, AJ Pirkl, provided an update regarding railroad crossings after having talked through options with MnDOT and the Canadian National Railway.

Highway Update

County Engineer, AJ Pirkl, provided a highway update.  Pirkl talked with the new District 2 State Aid Engineer regarding the drainage issues on County Road 80 and he will continue to try and move that project forward.


Landfill Update
County Engineer, AJ Pirkl, has not received an update from the MPCA.

WILLIE WALLEYE FUND

City of Baudette Mayor, Rick Rone, provided an update on the Willie Walleye Fund Budget.  The final payment of $10,000 from the County is to be used for landscaping.  It was the consensus of the Board to continue with the last payment of $10,000 to complete the total donation of $30,000.

DEPOT PRESERVATION ALLIANCE

Vince Ojard and Darcy Hansen provided an update regarding the Depot Preservation Alliance (DPA).  Due to COVID-19 many events were cancelled and the DPA’s budget is short by $10,155.  They had received $6,000 from the County for an outbuilding project, which they will not be completing this year.  It was the consensus of the Board that the DPA could use the $6,000 donated by the County for the outbuilding project towards general budget needs. The Board will review the DPA’s budget information further during the CARES Act work sessions.

HUMAN RESOURCES

Request to Advertise, Interview and Hire: Infectious Control/Custodian II

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve Human Resources to advertise, interview and hire a temporary (not more than 6 months) Infection Control/Custodian II.

RECESS

The board went into recess at 9:53 a.m. and reconvened the meeting at 10:00 a.m.

SHERIFF

Jail Administrator/E911 Corrections Officer Duties 

It was the consensus of the Board to review the compensation request for two employees, who have taken on additional duties, at the budget meetings.

ECONOMIC DEVELOPMENT – RYAN ZEMEK

Tax Abatement

Economic Development Director, Ryan Zemek, met with the Board regarding a tax abatement for Lake of the Woods Foods. Lake of the Woods Foods is planning an expansion and is looking for an economic development tax abatement.  The Board will have a work session on the tax abatement for Lake of the Woods Foods on September 8, 2020 after the regular scheduled board meeting.

RECESS

The board went into recess at 10:55 a.m. and reconvened the meeting at 11:00 a.m.

EMERGENCY MANAGEMENT 

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve Emergency Management Director, Jill Hasbargen Olson, to purchase two APX600 radios from Motorola Solutions Inc. at a total cost of $9,191.50.

COVID-19

Update

Jill Hasbargen Olson, Emergency Management Director, said that she has been working with Kay M. Schell form CHI Lake Wood Health to provide COVID-19 information to First Responders.  Hasbargen Olson also reminded the Board about Lake of the Woods School’s virtual town hall meeting scheduled for Thursday, August 13, 2020.

CHI LakeWood Public Health Manager, Kay M. Schell, provided an update. Lake of the Woods County has four positive cases confirmed, a total of seven cases are possible.  Last week 267 COVID-19 tests were completed in Lake of the Woods County.  CHI LakeWood Health is doing COVID-19 testing on Tuesday, Wednesday and Fridays and providing same day results.  Criteria for a COVID-19 test at CHI LakeWood Health is a known exposure to a positive case with contact for 15 minutes at closer than six feet and a doctor’s order is required.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 11:22 a.m.

Attest: August 25, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman of the Board, Jon Waibel