January 9, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, January 9, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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: Ed Arnesen, Cody Hasbargen, Jon Waibel, and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent: Commissioner Buck Nordlof

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously approve the agenda with the following changes: Add: Board Meeting Date Change.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of December 28, 2023.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of January 2, 2024.

Board Meeting Date Change

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to change the August 20^th, 2024 meeting to August 6^th, 2024.

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 $31,845.90; Commissioners Warrants $1,217.32; Commissioners Warrants $6,111.39.

Border Bank Signature Cards-Rep Payee Account

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to authorize Jodi Ferrier and Aspen Thompson or their successors to sign the Border Bank signature card for the Rep Payee Accounts.

Border Bank Signature Cards-Child Support Account

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to authorize Sheri Stebakken and Jo Aery or their successors to sign the Border Bank signature card for account number 4739.

Riverwood Bank Signature Cards-Social Welfare Account

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesn and carried unanimously to authorize Jodi Ferrier and Sheri Stebakken  or their successors to sign the Riverwood Bank signature card for account number 2155.

Child Support Agreement and Child Support Arrangement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the Child Support Agreement and Child Support Arrangment between Minnesota Department of Human Services, Child Support and Lake of the Woods County.

Healthcare Access Plan

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Local County and Tribal Agency Biennial Health Care Access Services Plan.

Lakewood Health Ambulance Service-Letter of Support

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to draft a letter of support for Lakewood Ambulance Service to move from a BLS service to a part-time ALS service and for Chair Cody Hasbargen to sign the same.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $250,684.68; Road & Bridge $69,931.65; Solid Waste $34,471.94; EDA $365.00. 

WARRANTS FOR PUBLICATION

Warrants Approved On 1/09/2024 For Payment 1/12/2024

Vendor Name Amount

Air Med Care Network 16,803.00 

ByteSpeed, LLC 7,713.00 

Ferrellgas 2,051.72 

Headwaters Regional Development Commiss 3,500.00 

Integris LLC 2,159.90 

KnowBe4, Inc 2,227.50 

Larkin Hoffman Attorneys 15,700.00 

Mar-Kit Landfill 10,036.00 

Mn Assn Of Counties 7,146.00 

Mn Counties Computer Co-Op 21,470.97 

MN Counties Intergovernmental Trust 168,235.00 

Mn State Dept-Correction 27,762.36 

Moren/Law Offices Of Patrick D 8,960.80 

Motorola Solutions, Inc 17,079.83 

OnSolve,LLC 7,875.00 

Verus Corporation 3,896.75 

WIDSETH SMITH NOLTING & ASSOC., INC. 8,350.00 

47 Payments less than 2000 24,485.44

Final Total: 355,453.27

Further moved to authorize the payment of the following auditor warrants: December 29, 2023 for $126,414.49; December 29, 2023 for $1,981,017.71; January 3, 2024 for $4,189.42.

ARPA Update

County Auditor-Treasurer Lorene Hanson gave an update on American Rescue Plan funds.

Northwest Angle Post Office Update

The board discussed options for the post office at the Northwest Angle.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Affidavit of Lost Warrant #40299.

Employee Recognition

The board presented John Butenhoff with the Steven R. Sindelir award for Excellence for the year 2023.

GIZIIBI

Land & Water Director Josh Stromlund gave an update on GIZIIBI. It was the consensus of the board to no longer participate in GIZIIBI.

DITCH AUTHORITY

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the Ditch Authority.

Ditch Funds Update

County Auditor-Treasurer Lorene Hanson gave an update on ditch funds.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the Ditch Authority and open the regular meeting.

PUBLIC WORKS

Updates

County Engineer Anthony Pirkl gave an update on various projects that included snowplowing and bridge projects.

Township Road Inventory

County Engineer Anthony Pirkl and the Board of Commissioners reviewed Township Road Inventory and discussed the future of the project.

Splashpad Advisory Committee

Shelby Mason, Calista Wolf, Lindsay Payne and Commercial Recreation Specialists (CRS) Representative Ashley Walker gave a presentation to the board to show the splashpad design they have created and to request funding in the amount of $35,000.00. No action was taken at this time.

Recess

A brief recess took place at 11:32a.m. and reconvened at 11:38 a.m.

LAND & WATER

Consideration of Interim Use Permit #24-01IU by Daniel Klis

Lot 2, Block 1, East Pine Creek, according to the recorded plat thereof, in Section Twenty-nine(29), Township One Hundred Sixty-eight(168) North, Range Thirty-four(34) West-Parcel ID# 02.51.01.020. Applicant is requesting an Interim Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1). This portion of Pine Creek is considered Lake of the Woods, a General Development Lake.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-01IU by Daniel Klis to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property whichever occurs first.
2. The maximum occupancy is limited to six (6) individuals as per the submitted application.
3. The established quiet hours are from 10:00 pm to 7:00 am as per the submitted application.
4. A valid Certificate of Compliance for the septic system is required. 
5. No on-street parking is allowed.
6. If applicable, the applicant must meet the Minnesota Department of Health requirements.

Lake of the Woods County Board of Commissioners

Short-Term Vacation Rental Findings of Fact and Decision

Name of Applicant:  Daniel Klis Date:  January 9, 2024

Location/Legal Description:  Lot 2, Block 1, East Pine Creek Plat

Project Proposal:  Applicant is requesting an Interim Use Permit, as required by Section 1106 of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential Zoning District (R1).

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

Explain?  Resort and recreational destination.

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

YES (X)  NO (  )  N/A (  )

If yes, explain?  Applicant has met the criteria as per the submitted application.

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

Explain?  This type of use is allowed in a Residential (R1) Zoning District.

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

Explain?  Property has access from East Pine Drive Northwest.

5. Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X)  NO (  )  N/A (  )

Explain?  Applicant indicates parking on site as per the submitted application. No on street parking is to be allowed.

6. Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?

YES (X)  NO (  )  N/A (  )

Explain?  As per the submitted application.

7. Does the water test meet the Minnesota Department of Health drinking water standards? YES (X)  NO (  )  N/A (  )

Explain?  The water test results are part of the submitted application.

8. Has the applicant identified the maximum number of occupants? YES (X)  NO (  )  N/A (  )

Explain?  The maximum number of occupants is limited to six (6) people as per the submitted application.

9. Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X)  NO (  )  N/A (  )

Explain?  The existing system has received a COC and is sized accordingly for the maximum occupancy.

10. Has the applicant established quiet hours? YES (X)  NO (  )  N/A (  )

Explain?  As per the submitted application, the quiet hours are 10:00 pm to 7:00 am.

11. Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

12. Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

13. Has the applicant identified a local person and their contact information? YES (X)  NO (  )  N/A (  )

Explain?  See submitted application.

14. 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)

Explain?  No signage is proposed as per the submitted application.

15. Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

YES (  )  NO ( )  N/A (X)

Explain?  No fencing and/or screening is warranted.

The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

The specific reasons for denial or conditions of approval are as follows: 

1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
2. The maximum occupancy is limited to six (6) individuals as per the submitted application.
3. The established quiet hours are from 10:00 pm to 7:00 am as per the submitted application.
4. A valid Certificate of Compliance for the septic system is required.
5. No on-street parking is allowed.
6. If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

January 9, 2024 _____________________________________

Date Cody Hasbargen

Chair, County Board

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

Louis Taylor-Address Request

Mr. Taylor came to the board to request an address for his property.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request from Mr. Louis Taylor to have an address created for his property.

Fairboard

JP Sweet came to the board to inform them that the carnival for the County Fair has raised their prices and would like to request additional funding to secure a carnival for the next fair.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to increase the funding amount from $25,000.00 to $35,000.00 for the County Fair Carnival.

CLOSED SESSION

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-01-03

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

WHEREAS, the Lake of the Woods County Board of Commissioners wishes to meet with its attorney to discuss an ongoing investigation pertaining to sensitive data, which data could be construed as confidential/private pursuant to the Minnesota Data Practices Act; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board of Commissioners to hold a public discussion with its attorney regarding the ongoing investigation and its legal position; and

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

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

1. The Lake of the Woods County Board of Commissioners hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b);
2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.05, subd. 3(b), are the legal strategy of the Board regarding the ongoing sensitive data investigation.

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 9th day of January, 2024. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting.

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 12:35 p.m.

Attest: January 23, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen

January 23, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, January 23, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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: Ed Arnesen, Cody Hasbargen, Jon Waibel, Buck Nordlof, and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously approve the agenda with the following changes: Add: NWA Post Office Correspondence, Safeboat Donation, IT Issues.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of January 9, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $5,268.98; Commissioners Warrants $785.96; Commissioners Warrants $14,814.29.

Transfer of Homeless Funds

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the transfer of $50,000.00 from the social services fund monies received from a state funded homeless prevention grant to the Baudette Housing Authority to increase capacity of local housing through infrastructure/building.

Approval of Child Crisis Response Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Child Crisis Response Contract between Stellher Human Services and Lake of the Woods County Social Services.

Mobile Children’s Dental Clinic

Social Services Director Amy Ballard informed the board that Children’s Dental Services has agreed to provide 3 mobile clinics in Lake of the Woods County in 2024. The mobile clinic will be held in the County Commissioner’s Room in the Government Center until an alternative site is found. The mobile dental clinic will be open to all ages.

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 $100,612.27; Road & Bridge $93,982.50; Solid Waste $20,969.02; EDA $1,572.18. 

WARRANTS FOR PUBLICATION

Warrants Approved On 1/23/2024 For Payment 1/26/2024

Vendor Name Amount

Cenex Co-Op Services, Inc. 14,005.47 

Compass Minerals America 13,955.57 

Farmers Union Oil Co. 2,625.23 

Integris LLC 2,159.90 

John Deere Financial 3,245.60 

Joy Brandt Painting 28,800.00 

Larkin Hoffman Attorneys 28,819.00 

Lavalla Sand & Gravel Inc 57,690.50 

LOW Soil & Water Cons. Dist. 20,000.00 

Northern Light Region 3,715.25 

Quadient Finance USA Inc. 3,000.00 

Rainy Lake Oil, Inc 2,513.50 

Short Elliott Hendrickson, Inc 8,727.60 

U.S. Bank Equipment Finance 6,268.50 35

Payments less than 2000 21,609.85

Final Total: 217,135.97

Further moved to authorize the payment of the following auditor warrants: January 10,2024 for $77,105.89; January 17, 2024 for $111,110.95; January 16, 2024 for $324,392.49; January 16, 2024 for ($1,853.50).

Human Resources

Case Aid I to Case Aid II

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve Sheri Stebakken to move from Case Aid I at Grade 8, Step 10, $23.27 per hour to Case aid II at Grade 9, Step 10, $24.50 per hour at 224 points effective next full pay period.

Splashpad

Mayor Rick Rone discussed the City of Baudette’s involvement with and support of the splashpad project.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various projects for highway and solid waste departments.

Correspondence

The board reviewed correspondence about the Northwest Angle Post Office.

County Road Discussion

Yulia Bogdanova and Alex Butler came to the board to discuss the road access to their property. No action was taken by the board at this time.

Sheriff

Deputy Ben Duick informed the board that the State of Minnesota DNR has offered to donate a 2013 Safeboat that may require some repairs.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to accept the donation of a 2013 Safeboat from the State of Minnesota DNR.

Remove From Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to remove IT issues from the agenda.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-01-04

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

WHEREAS, the Lake of the Woods County Board of Commissioners wishes to meet with its attorney to discuss an ongoing investigation pertaining to sensitive data, which data could be construed as confidential/private pursuant to the Minnesota Data Practices Act; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board of Commissioners to hold a public discussion with its attorney regarding the ongoing investigation and its legal position; and

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

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

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

The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.05, subd. 3(b), are the legal strategy of the Board regarding the ongoing sensitive data investigation.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-01-05

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

WHEREAS, Lake of the Woods County, while not yet served, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and   

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

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

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

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

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

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher, and received by the County from another named defendant. 

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting

Correspondence

The board reviewed correspondence from Arrowhead Library.

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 11:00a.m.

Attest: February 13, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen