February 13, 2024

 The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, February 13, 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 Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously approve the agenda with the following changes: Add: Splashpad, Purchase of PUP trailers, replacement of furnaces in highway shop, Crack Seal Agreement, and Transfer of Green Tahoe. Remove: JDAI

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of January 23, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $1,905.75; Commissioners Warrants $23,002.68; Commissioners Warrants $43,659.53.

Add to Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to add Daycare Fire Alarms at Lake of the Woods School to the agenda.

Daycare Fire Alarms at Lake of the Woods School

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to assist in the purchase of a new fire alarm system in the daycare at Lake of the Woods School up to the amount of the remaining balance.

Approval of Phone Stipend

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a cell phone stipend for Aspen Thompson in the amount of $60.00 effective March 2024.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $299,484.23; Road & Bridge $203,320.60; County Development $1,000.00; Joint Ditch $12,030.00; Solid Waste $63,482.41; EDA $1,282.50. 

WARRANTS FOR PUBLICATION

Warrants Approved On 2/13/2024 For Payment 2/16/2024

Vendor Name Amount

Acme Tools 2,933.86

American Solutions For Business 2,073.78

Arnesen/Ed 2,941.83

Bert’s Truck Equipment Of Moorhead Inc 141,953.00

Cenex Co-Op Services, Inc. 20,986.47

Clay County Sheriff 4,973.62

Compass Minerals America 10,017.20

Counties Providing Technology 4,327.00

Deputy Registrar No. 75 8,355.64

Election Systems & Software, Inc 5,746.81

Farmers Union Oil company 2,432.37

Freeberg & Grund, Inc 5,646.63

Howard’s Oil Company 5,857.48

Information Systems Corporation 10,935.00

Integris LLC 2,403.26

Interstate Billing Service Inc 12,558.69

Larkin Hoffman Attorneys 11,042.50

LOW Highway Dept 18,376.19

LOW Soil & Water Cons. Dist. 124,661.00

Mar-Kit Landfill 13,574.00

Moren/Law Offices Of Patrick D 9,065.73

Nw Mn Household Hazardous 5,311.00

Pennington County Sheriff Office 17,034.56

Pomp’s Tire Service, Inc. 11,547.44

Roseau Police Dept 5,000.00

Sandpieper Design Inc. 2,920.00

Schneider Geospatial, LLC 11,700.00

SeaChange Print Innovations 12,908.79

SHI International Corp 45,391.06

Verus Corporation 2,375.00

Ziegler, Inc 5,657.05

74 Payments less than 2000 39,892.78

Final Total: 580,599.74

Further moved to authorize the payment of the following auditor warrants: January 24, 2024 for $140,114.12; January 31, 2024 for $50,785.45; January 31, 2024 $333.36; February 7, 2024 for $80,055.61; February 6, 2024 for $262,280.59; February 6, 2024 for ($34.00).

Transfer of Funds

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the temporary transfer of funds from general revenue to CARA grant funds to offset a negative balance.

Approval of Voyageurs Quote

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the quote from Voyageurs Comtronics Corporation in the amount of $74,450.00 for County TV transmitters to be paid for out of ARPA funds.

Appointment of 2024 Election Judges, UOCAVA & Absentee Ballot Boards and Hourly Pay

County Auditor-Treasurer Lorene Hanson met with the County Board to approve election judges, to set up UOCAVA and Absentee Ballot Boards, for the appointment of the Canvassing Board and to request a pay increase for the election judges; all for the 2024 primary and general elections.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously  to approve the following election judges for the 2024 Presidential Primary (March 5, 2024), State Primary (August 13, 2024) and the General (November 5, 2024) Elections:  Christie Russell, Sandy Peterson, Judy Johnson, Shelley Pepera, Rita Krause, Margie Sporlein, Dale Boretski, Dawn Christianson, John Carroll, Dena Pieper, Alisa Jacobsen, Heather Larson, Barb Larson, Beverly Becklund, Jo Aery, Roy Sandstrom, Mary Jo Otten, Jaime Boretski-LaValla, Mike Rasmussen, Marti Carlson, Jon Hanson, Lester Boomgaarden, Connie Nesmith, Anna Sanchez, Chelsea Anderson, Rita Hasbargen, Erik Tange and Lorene Hanson.  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the hourly pay for election judges as follows:  head election judges at $21.00 per hour and election judges at $20.00 per hour, effective with the 2024 elections.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to appoint the following Election Judges to the UOCAVA Board for the 2024 Presidential Primary, State Primary and General Elections:  Christie Russell, Rita Hasbargen, Anna Sanchez, Connie Nesmith, Chelsea Anderson, Erik Tange and Lorene Hanson.    

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to appoint the following Election Judges to the Absentee Ballot Board for the 2024 Presidential Primary, State Primary and General Elections:  Christie Russell, Lester Boomgaarden, Dale Boretski, Rita Hasbargen, Anna Sanchez, Connie Nesmith, Chelsea Anderson, Erik Tange and Lorene Hanson.    

Appointment to Canvassing Board

County Auditor-Treasurer Lorene Hanson met with the County Board to request approval to appoint two Commissioners to the 2024 Canvassing Board.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to appoint Commissioners Joe Grund and Buck Nordlof to the Canvassing Board for the 2024 Presidential Primary, State Primary and General Elections. 

Lake of the Woods Prevention Coalition

Letter of Support

Sandy Peterson and Doris Knutson came to the board to request a letter of support for the Strategic Prevention Framework Partnerships for Success (SPFPFS) Grant to continue the work they do by adding in mental health support.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to draft a letter in support of the SPFPFS grant and for Chair Cody Hasbargen to sign the same.

Human Resources

Permission to Hire Part-time Dispatch

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to hire Harley Poppitz as part-time dispatch at grade 11, step 1, $22.89 per hour at 253 points effective February 12, 2024.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session for maintenance on March 12, 2024 following the regular board meeting.

Public Works

Approval of SAP 039-599-004

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to accept the bid for project SAP 039-599-004 from Korby Construction in the amount of $513,253.65.

Resolution to Accept Bridge Funds

Resolution

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

RESOLUTION

For Agreement to State Transportation Fund Local Bridge Replacement Program Grant Agreement Grant Terms and Conditions SAP 039-599-004

Resolution No. 2024-02-01

WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund related to Bridge No. 39530; and

WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and

WHEREAS, the amount of the grant has been determined to be $187,175.36 by reason of the lowest responsible bid;

NOW THEREFORE, be it resolved that Lake of the Woods County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required. The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.

Approval of SAP 039-559-005

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to accept the bid for project SAP 039-559-005 from Korby Construction in the amount of $515,915.41.

Resolution to Accept Bridge Funds

Resolution

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

RESOLUTION

For Agreement to State Transportation Fund Local Bridge Replacement Program Grant Agreement Grant Terms and Conditions SAP 039-599-005

Resolution No. 2024-02-02

WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund related to Bridge No. 39531; and

WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and

WHEREAS, the amount of the grant has been determined to be $505,915.41 by reason of the lowest responsible bid;

NOW THEREFORE, be it resolved that Lake of the Woods County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required. The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.

Approval of Bid SAP 039-598-072

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to accept the bid from Olson Construction from Thief River Falls, MN in the amount of 156,045.00

Extended Warranty on 210 G Excavator

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of an extended warranty for a 210 G Excavator up to 4,000 hours or the year 2028 in the amount of $5,194.80.

Purchase of Aluminum Box Culverts for Bridge Replacements

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of two aluminum box culverts in the total amount of $30,000.00 with $14,000.00 to be paid out of JD 24 funds.

Purchase of Belly Dump and PUP trailers

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of belly dump in the amount of $46,500.00 and two PUP trailers in the amount of $21,700.00.

Replacement of Furnaces in Highway Shop

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of three furnances from Rainy River Refrigeration in the amount of $18,990.00

Crack Sealing Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the crack sealing project in the amount of $66,963.00.

Transfer of Green Tahoe

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to move the Green Tahoe from the Assessor’s office to the Landfill.

Updates

County Engineer Anthony Pirkl gave an update on the NWA post office and discussed options for land recently purchased and a possible gravel pit location south of Williams.

Sheriff

Boat & Water Grant

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024 Federal Boating Safety Supplemental Equipment Grant in the amount of $3,950.00.

Land & Water

Consideration of Interim Use Permit #24-02IU by Walleye Empire, LLC

A parcel of land lying in the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4), Section Twenty-five (25), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#19.25.33.022. 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 Development Zoning District (R1).

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-02IU by Walleye Emipre, LLC 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. As per the Winter Agreement, a septic system design or a compliance inspection of the existing system is to be submitted to the Land & Water Planning Office by July 31, 2024.
3. The maximum occupancy is limited to three (3) individuals as per the submitted application and then may be increased to nine (9) individuals upon completion of one of the following actions:

1. A certificate of Compliance is issued for a new SSTS. The SSTS design will determine the maximum occupancy allowed.
2. The dwelling is connected to the Wheeler’s Point Sanitary District,
3. The current septic system is to be abandoned and replaced with a or b above, by December 31,2025.

4. The established quiet hours are from 10:30p.m. to 6:30a.m. as per the submitted application.
5. Parking along State Highway 172 Northwest is prohibited.
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:  Walleye Empire, LLC Date:  February 13, 2024

Location/Legal Description:  See Attached Parcel Number:  19.25.33.022

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 (R1) Zoning District.

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

Explain?  The project is located within the Growth Corridor, which is between Highway 172 and the Rainy River.

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

YES (X)  NO (  )  N/A (  )

Explain?  Applicant has met the criteria based upon the submitted application and the septic system will be addressed when conditions allow. 

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

Explain?  This type of use is allowable, with appropriate conditions, in a Residential Zoning District (R1).

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

Explain?  The property has a private driveway which is accessed from State Highway 172 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 application states a maximum of three (3) people. However, the applicant verbally indicated a maximum of nine (9) during the Planning Commission meeting. The maximum number of occupants is to be addressed in the conditions below.

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 (  )  NO (X)  N/A (  )

Explain?  Due to the time of year, the applicant has signed a Winter Agreement. The status of the current septic system is to be determined by July 31, 2024, as per the Winter Agreement. The septic system is to be addressed in the conditions below.

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

Explain? As per the submitted application, the quiet hours to be from 10:30 pm to 6:30 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 (X)  N/A (  )

Explain?  An adequate vegetative buffer already exists.

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. As per the Winter Agreement, a septic system design or a compliance inspection of the existing system is to be submitted to the Land and Water Planning Office by July 31, 2024.

3. The maximum occupancy is limited to three (3) individuals as per the submitted application and then may be increased to nine (9) individuals upon completion of one the following actions:
   1. A Certificate of Compliance is issued for a new SSTS. The SSTS design will determine the maximum occupancy allowed.
   2. The dwelling is connected to the Wheeler’s Point Sanitary District.
   3. The current septic system is to be abandoned and replaced with a or b above, by December 31, 2025.

4. The established quiet hours are from 10:30 pm to 6:30 am as per the submitted application.

5. Parking along State Highway 172 Northwest is prohibited.

6. If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

February 13, 2024 _____________________________________

Date Cody Hasbargen

        Chair, County Board

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

FY2024 State of Minnesota Board of Water and Soil Resources Watershed Based Implementation Funding Grant Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to agree to implement the Grant Agreement in accordance with the BWSR policy.

Splashpad

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to conditionally give $35,000.00 to the splashpad committee pending DNR Grant approval.

CLOSED SESSION

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session for Union Negotiation pursuant to MN Statute 13D.03, Sub 1(b).

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.

Union Negotiations

The board discussed the matter of a holiday pay grievance.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to move forward with the mediation process over the request of holiday pay by the non-licensed LELS.

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 11:15 a.m.

Attest: February 27, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen