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COUNTY BOARD

February, 2019

Commissioner Proceedings

February 12, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, February 12, 2019 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call to Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Nordlof and carried unanimously to approve the agenda with the following addition- County Attorney.  

Approval of Minutes

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Nordlof and carried unanimously to approve the official and summarized minutes of January 22, 2019.

SOCIAL SERVICES

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

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to approve the following claims: Commissioners Warrant’s $8,301.87, Commissioners Warrant’s $2,201.45, Commissioners Warrant’s $63,404.33.

AUDITOR/TREASURER

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, February 26, 2019 board meeting start time, Dr. Retention Agreement, and cell phone stipend, Larson Ditch Petition, GCN leases and post prom request of funds.

February 26, 2019 Board Meeting

County Auditor/Treasurer, Lorene Hanson met with the board to discuss the February 26 board agenda that will be held at Lake of the Woods School and informed them that the agenda is full and requested if the board could start at 8:30 a.m. to accommodate the full of agenda. The consensus of the board was to start at 8:30 a.m. instead of 9:00 a.m. and to post accordingly.

Claims

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $70,778.30, Road & Bridge $26,424.18, County Devel.$200.00 , Solid Waste, $33,399.78, EDA, $2,040.19.

WARRANTS FOR PUBLICATION

Warrants Approved On 2/12/2019 For Payment 2/15/2019

Vendor Name                                        Amount

Cenex Co-Op Services, Inc.                                       9,230.87

Counties Providing Technology                                  3,570.00

Farmers Union Oil Co.                                                 3,023.30

Grant’s Mechanical                                                     2,643.41

Howard’s Oil Company                                               3,043.67

Information Systems Corporation                               8,771.00

Little Falls Machine, Inc                                               7,090.29

LOW Fair Association                                               25,000.00

LOW Highway Dept                                                    7,774.15

Mar-Kit Landfill                                                          15,063.25

Plutko Plumbing & Heating                                           6,034.18

R & Q Trucking, Inc                                                     2,060.00

Streamworks                                                              2,500.00

TOTALFUNDS                                                             4,000.00

Woody’s Service                                                        2,850.51

75 Payments less than 2000 30,187.82

Final Total: 132,842.45

Further moved to authorize the payment of the following auditor warrants: January 22, 2019 – $.50, January 31, 2019- $48,818.48, January 31, 2019 – $3,252.54, February 6, 2019, $9,831.58-Febuary 6, 2019- $230,605.33.

Dr. Retention

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to approve to approve the Doctor Retention Agreement with Lakewood Health Center effective October 1, 2018 for three years unless earlier terminated by County by written notice and authorize County Auditor/Treasurer, Lorene Hanson, Chairman Hasbargen, and County Attorney, James Austad to sign.

Cell Phone Stipend

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund to approve a County Cell phone stipend to Dean Wiese, in the amount of sixty dollars (60.00) per month.

Government Center North Leases

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the Government Center North Lease for space with Sanford Health Network North effective February 1, 2013 and extended through and until December 31, 2019, or by written notice of sixty (60) day notices of termination of lease with a fixed rent of $1,000 per month and authorize County Auditor/Treasurer, Lorene Hanson to sign.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the Government Center North Lease for space with NWCA with a fixed rent of $650.00 per month effective August 1, 2019 thru July 31, 2020, unless extended or sooner terminated and authorize County Auditor/Treasurer, Lorene Hanson and County Attorney to sign.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel, and carried unanimously to contribute $100.00 to the Post Prom Committee from the Revenue fund.

HUMAN RESOURCES

County Auditor/Treasurer, Lorene Hanson met with the board on behalf of Human Resource Director, Savanna Slick to set a date for Non-elected Department Head Review Process. The board set March 12th after the regular meeting to discuss the review process.

NORTHWEST ANGLE EDGERIDERS

County Auditor/Treasurer, Lorene Hanson met with the board on behalf of Northwest Angle Edgeriders club for a resolution of Support for a Capital Equipment Grant.

Resolution

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

MN Snowmobile Trail Assistance Program

FY2019 Capital Equipment Grant

Resolution – 19-02-01

WHEREAS, Lake of the Woods County on behalf of the Northwest Angle Edge Riders Snowmobile Club supports the grant application made to the Minnesota Department of Natural Resources for the Federal Recreational Trail Program. The application is to purchase snowmobile trail grooming equipment for the Corridor 39 trail.  The trail system is located throughout Lake of the Woods County.

WHEREAS, Lake of the Woods County recognizes the Northwest Angle Edge Riders Snowmobile Club will provide a twenty-five (25) percent match requirement for the Federal Recreational Trail Program.

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

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

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

                                                                  Lorene Hanson

     County Auditor-Treasurer

                                                      206 8th Ave SE #260,

                                                      Baudette, MN 56623

BE IT FURTHER RESOLVED, the Northwest Angle Edge Riders Snowmobile Club hereby assures the grooming equipment acquired through this grant will be maintained for no less than twenty (20) years as required by the Federal Recreational Trail Grant Program or until such time as appropriate disposition actions are approved by the Minnesota Department of Natural Resources.

COUNTY ATTORNEY

County Attorney, James Austad met with the board to discuss the proposed Special Events Ordinance.

RECESS

The meeting was called to recess at 9:50 a.m. and reconvened at 10:02 a.m.

EDA DIRECTOR

Lake of the Woods Economic Development Authority Director, Ryan Zemek met with the board via a phone conference call to discuss the proposed loan to the Northern Farmer’s Cooperative Exchange for assistance with an upcoming expansion that would help with the demolition of an existing elevator. The cost of this is approximately $100,000 in labor and transport and $40,000 in demo fees.  The Co-op approached the EDA for a loan with flexible terms to complete this phase of the project. Ryan informed the board that he is working on underwriting of the loan and will get terms and loan agreement done for the next EDA meeting.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to advance funds in the amount of $140,000 to the EDA from the Con-Con fund with funding returned by December 2019.

SHERIFF

County Sheriff, Gary Fish met with the board requesting permission to advertise, interview and hire two (2) part-time Dispatchers/Jailers.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Arnesen and carried unanimously to authorize County Sheriff, Gary Fish to advertise, interview and hire two (2) part-time dispatchers at grade 10, Step 1, 237 points, $18.86 per hour.

Credit Card

Motion was made by Commissioner Waibel, seconded by Commissioner Arnesen and carried unanimously to approve a county issued credit card to Dispatcher/Jailer, Tammy Maurer.

LAND AND WATER PLANNING

Land and Water Planning Director, Josh Stromlund met with the board and presented a Conditional Use Permit for Jerry and LuAnn Hennum to operate a commercial business consisting of transient short-term rental of an existing structure in a Residential District (R1).  No comments were heard from the Public. Josh reviewed the Findings of Fact of the Planning Commission and informed the board that they approved this application with the following conditions, the specific conditions of approval are as follows:

  1. Survey site to make sure all buildings within lot lines.
  2. Meet all MDH requirements.
  3. CUP terminates on sale or transfer of property.
  4. Lodging tax for LOW County must be paid retro to 9/20/18.

Motion

Motion was made by Commissioner Nordlof, seconded by Commissioner Grund and carried unanimously to approve the following Findings of Fact for Jerry & Luann Hennum to operate a commercial business consisting of transient short-term rental of an existing structure in a Residential District (R1) as follows:

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jerry & Luann Hennum                                                               Date:  February 12, 2019

Location/Legal Description:  A tract of land lying in Government Lot 1 and in the Southeast Quarter of the Northwest Quarter (SE ¼ NW ¼), Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-one (31) – Parcel ID# 24.28.21.030.

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

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

Why or why not? _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 MDH/County requirements______________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? _Not in floodplain_______________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? _State Hwy 172_________________________________________

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

Why or why not? _Residential____________________________________________

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

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

Why or why not? ______________________________________________________

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

Why or why not? _Must meet MDH requirements_____________________________     

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

Why or why not? _No change_____________________________________________

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

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

Why or why not? _Must meet MDH requirements____________________________       

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

Why or why not? __No change/adequate____________________________________

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

Why or why not? ______________________________________________________

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

Why or why not? ______________________________________________________   

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?                                                                                                                                     YES (  )  NO (X)  N/A (  )

Why or why not? ___None planned________________________________________

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

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

Why or why not? __On site______________________________________________

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. Survey site to make sure all buildings within lot lines.
  2. Meet all MDH requirements.
  3. CUP terminates on sale or transfer of property.
  4. Lodging tax for LOW County must be paid retro to 9/20/18.

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

                                                                                    _____________________________________

                                                                                                            Cody Hasbargen

                                                                                                        Chair, County Board

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

DNR

Tim Williamson, Acquisition and Development Specialist/Division of Parks and Trails and Jack Pellinen, Area 1C Supervisor and Hayes Lake State Park Manger met with the board to discuss Border to Border Touring Route which will be a scenic backroad route that intends to travel across the Northern Portion of the State from North Dakota Border to the Shore of Lake Superior on roads legally open for highway licenses vehicle. The purpose of the route is to allow extended, low-speed, adventure-touring through the upper portion of the State of Minnesota. Tim informed the board that there is a bill going through for the maintenance cost to counties for the maintaining of the roads. They will be having a public meeting on February 13th at the Lake of the Woods School.

PUBLIC WORKS

Public Works Director, Tim Erickson met with the board requesting approval to Advertise, Interview and Hire Heavy Equipment Operator and to Purchase a Mower.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to authorize Public Works Director, Tim Erickson and Human Resource Director, Savanna Slick to advertise, interview and hire a Heavy Equipment Operator at grade 11, step 1, points 265 and $19.93 per hour.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of a Land Pride Mower RC5014 in the amount of $20,600 less trade in of $8,500 as budgeted.

Larsen Partial Drainage Abandonment Petition

The board discussed the options for the Larson Petition for Partial Drainage Abandonment.  With this being a Joint Ditch with Lake of the Woods, Beltrami and Koochiching County this petition will have to be heard by the Joint Ditch Authority.   It was the consensus of the County Board to direct Public Works Director, Tim Erickson to visit with Mr. Larsen and explain the options available to him with the drainage abandonment and potential road vacation.  Tim will report back to the board following his conversation.

Badger Road

The board discussed the maintenance of the Badger Road.  It was the consensus of the County Board as a temporary solution to snowplow the road until a final resolution could be resolved.  This will be added to the March 12, 2019 county board agenda.

MIS

MIS Director, Peder Hovland met with the board for approval for the County’s Security Policy.  It was the consensus of the County Board to approve the policy with their full support of the MIS Director in regards to the policy and the training for all employees, including disabling accounts if applicable.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Security Policy as presented. 

RECESS

With no further business before the board, Chairman Hasbargen called the meeting to recess at 11:55 a.m.

Attest:                                                                                      February 26, 2019

__________________________________                            _________________________________County Auditor/Treasurer, Lorene Hanson                                Chairman of the Board, Cody Hasbargen

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

Commissioner Proceedings

February 26, 2019

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, February     26, 2019 in the ITV room at the Lake of the Woods School.

High School Social Studies teacher, Mr. Don Krause

Mr. Don Krause thanked the Commissioners for meeting at the School so his students could attend and participate in the meeting.

Call to Order

Chairman Hasbargen called the meeting to order at 8:30 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Cody Hasbargen, Ed Arnesen and Jon Waibel. Absent, Buck Nordlof.  Also present were: County Auditor/Treasurer, Lorene Hanson Deputy Auditor/Treasurer Janet Rudd, County Attorney, James Austad and Woody Fiala.

Approval of Agenda

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Waibel and carried unanimously to approve the agenda with the following additions: Minnesota Department of Administration- Fleet and Surplus Service Division.  

Approval of Minutes

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the official and summarized minutes of February 12, 2019.

SOCIAL SERVICES

Social Services Supervisor, Jodi Ferrier, met with the board requesting approval for claims.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to approve the following claims: Commissioners Warrants $4,837.41, Commissioners Warrants $726.14, Commissioners Warrants $11,178.37.

COUNTY AUDITOR/TREASURER

Claims

County Auditor/Treasurer, Lorene Hanson met with the board requesting approval of claims, appointment to the Board of Adjustment Committee, approval for Engagement letter for 2018 year-end audit with Hoffman/Philipp & Knutson and approval to enter into the MN Department of Administration Fleet and Surplus Service Division.

Motion

Motion was made by Commissioner Grund, seconded by Commissioner Waibel and carried unanimously to approve the claims against the county as follows: Revenue-$16,337.13-Road & Bridge-$4,112.15-Solid Waste-$2,980.62–EDA-$325.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 2/26/2019 For Payment 2/28/2019

Vendor Name                                        Amount

Lakes Gas Co                                                             2,163.36

North Star Garage Door of Baudette                          2,448.91

Sun Monitoring                                                            2,082.00

44 Payments less than 2000 17,060.63

Final Total: 23,754.90

Further moved to authorize the payment of the following Auditor warrants: February 13, 2019-$100,609.19.

Board of Adjustments Committee Member

Motion was made by Commissioner Waibel, seconded by Commissioner Grund and carried unanimously to appoint Wes Johnson to the Board of Adjustments committee.

Engagement Letter

Motion was made by Commissioner Grund, seconded by Commissioner Arnesen and carried unanimously to authorize Chairman Hasbargen to sign the letter for year-end Audit services with Hoffman/ Philipp and Knutson for 2018 year-end audit.

MN Surplus

Motion was made by Commissioner Waibel, seconded by Commissioner Arnesen and carried unanimously to authorize Chairman Hasbargen, County Auditor/Treasurer, Lorene Hanson, Public Works Director, Tim Erickson, Social Service Director, Amy Ballard and County Sheriff, Gary Fish to sign the signature card for Federal and /or State Surplus Property.

FRIENDS AGAINST ABUSE

Friends Against Abuse, Jenell Feller, Program Director met with the board and students to inform them of the services that are available for those experiencing domestic violence and to help make it faster and easier for victims of domestic violence and their friends /family.

AMEND AGENDA

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to amend the agenda and add Northwest Emergency Communications Board appointment.

Motion

Motion was made by Commissioner Arnesen, seconded by Commissioner Waibel and carried unanimously to appoint Emergency Management Director, Jill Olson to the NWECB committee.

PINE TO PRAIRIE TASK FORCE

Officer Carl Hultman, and Detective, Joe Morisch met with the board and gave a background on what the Pine to Prairie Task force is all about. The force has a 13- member task force that works across state lines.

TOWARD ZERO DEATH

Public Works Director, Tim Erickson, District State Aid Engineer Lou Tasa, Michelle Rognerud, MnDOT District 2 Traffic Engineer and Lieutenant Brad Norland met with the board and presented a power point and information on the Towards Zero Death Task Force.

COUNTY ROAD 33

Public Works Director, Tim Erickson met with the board to discuss the CR 33 Path.

Motion

Motion was made by Commissioner Waibel, seconded by Commissioner Arnesen and carried unanimously to approve the construction of path on CR 33.

RECESS

The meeting was called to recess at 11:15 a.m. and reconvened at 12:36 p.m. as follows:

NORTHERLY PARK

Northwest Angle Edge Riders President, Joseph Laurin met with the board to review the Northerly Parks plans. Joe discussed the board walk vs the wetland issues, the Tower height of proposed tower, insurance and the Welcome Center staffing.  

BORDERLAND SUBSTANCE ABUSE COURT

Honorable Judge LeDuc, County Attorney, James Austad, DWI Court Coordinator, Amanda Zortman, met with the students and explained the process and the purpose of the Borderland Substance Abuse Court.

ROD AND GUN CLUB

Rod and Gun Club President, Robert Laine met with the board to discuss the lease with the county for the land for the Rod and Gun Club. Robert stated that they would like to lease the forty (40) acres -eastern half for sporting clays. Commissioners Hasbargen and Nordlof, County Attorney, James Austad and Robert Laine will review the lease agreement and bring back to the board.

ARENA BOARD

Mike Schulz and Derek Olson from the Lake of the Woods International Arena met with the board to update the board on the progress of the Arena and gave the board a tour of the Arena.

RECESS

With no further business before the board, Chairman Hasbargen called the meeting to recess at 3:25 p.m.

Attest:                                                                                      March 12, 2019

__________________________________                _____________________________________

County Auditor/Treasurer, Lorene Hanson                    Chairman of the Board, Cody Hasbargen