MINUTES & AGENDAS
February 14, 2023
February 14, 2023
The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, February 14, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.
CALL TO ORDER
Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Buck Nordlof, Jon Waibel, Ed Arnesen and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson.
APPROVAL OF AGENDA
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: EDA, Legislative Update, Fair Board Solid Waste.
APPROVAL OF MINUTES
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of January 24, 2023.
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 $19,611.20; Commissioners Warrants $4,834.73; Commissioners Warrants $6,166.24.
Auditor/Treasurer
Claims
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $110,302.82; Road & Bridge $159,369.26; County Development $7,750.55.
WARRANTS FOR PUBLICATION
Warrants Approved On 2/14/2023 For Payment 2/17/2023
Vendor Name Amount
Andy’s Garage, Inc. 3,079.16
ByteSpeed, LLC 6,250.00
Cenex Co-Op Services, Inc. 20,544.83
Counties Providing Technology 4,204.00
Ferrellgas 6,655.90
Hildi Inc 3,950.00
Howard’s Oil Company 5,227.57
Information Systems Corporation 9,910.00
Integris LLC 3,315.75
Lake of the Woods Electric LLC 4,008.85
Lakeside Fire & Safety Inc 2,684.35
Lavalla Sand & Gravel Inc 57,690.50
LOW Highway Dept 7,585.00
Mar-Kit Landfill 15,700.50
Mark Sand & Gravel Co. 59,202.50
Mn Dept Of Transp 3,559.28
Nw Mn Household Hazardous 7,209.00
Pennington County Sheriff Office 5,180.45
Quadient Finance USA Inc. 3,000.00
R & Q Trucking, Inc 2,444.00
Rainy Lake Oil, Inc 2,284.76
Ziegler, Inc 3,921.05
75 Payments less than 2000 39,815.18
Final Total: 277,422.63
Further moved to authorize the payment of the following auditor warrants: January 25, 2023 for $13,694.06; February 8, 2023 for $112,598.43.
2023 Pay Equity
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2023 Pay Equity Report as presented.
Economic Development Authority
The board discussed the EDA Director vacancy and possible options.
Assessors
Approval of Credit Card Request
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request for a county credit card for Emily Brandt at the standard amount of $1500.00.
Human Resources
Juneteenth
It was the consensus of the board to discuss the approval of Juneteenth as a county holiday at another board meeting.
Permission to Advertise, Interview, & Hire- Part-Time Deputy
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to advertise, interview, & hire a part-time Deputy at Grade 13, Step 1, $24.73 per hour at 282 points.
Permission to Hire Social Worker
Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to hire a Social Worker at Grade 13, Step 2, $25.26 per hour at 298 points.
Update
Commissioner Ed Arnesen gave a brief update on the union meeting that took place on 2/13/2023.
Public Works
Permission to Purchase Skid Steer Trailers
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of two skid steer trailers in the amount of $27,000 from Midsota Trailers.
FEMA Update/Public Access Quotes
County Engineer Anthony Pirkl gave an update to the board on the progress with FEMA and that they have approved $415,384.02 for the work already completed.
Public Access
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request to get quotes for Birch Beach and Rocky Point public accesses.
Credit Card Limit Increase
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the credit card increase request for Jane Larson from the standard $1500.00 to $3000.00.
Ditch Authority
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the ditch authority.
JD 28 Discussion
County Engineer Anthony Pirkl discussed JD 28 repairs and requested approval to get quotes.
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to close the ditch authority and open the regular meeting.
JD 28 Repair Quotes
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to get quotes for the repair of JD 28.
Fairground Solid Waste Fee
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to use con-con funds to pay the solid waste fee currently on the fairground parcel in the amount of $611.00 and then re-evaluate the fee at a later date for future solid waste fees.
Correspondence
The board reviewed correspondence from Lake of the Woods Food Shelf.
Recess
A brief recess took place at 9:45 a.m. and reconvened at 10:00 a.m.
Land & Water
Consideration of Conditional Use Permit #23-01CU by Daniel Miller
The Southeast Quarter of the Northeast Quarter (SE¼NE¼), and Government Lot Four (4), Section Eleven (11), Township One Hundred Sixty-seven (167) North, Range Thirty-three (33) West of the Fifth Principal Meridian, and subject to flowage easement by the United States Government. – Parcel ID# 06.11.41.000. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to construct an inland harbor connected to Lake of the Woods, which was permitted by the Minnesota Department of Natural Resources in 2003. Also, the applicant is requesting the cumulative movement of more than fifty (50) cubic yards of material outside of the shore impact zone of Lake of the Woods for the purpose of disposing dredged material. Lake of the Woods is a General Development Lake.
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Conditional Use Permit/Findings of Fact by Daniel Miller to construct an inland harbor connected to Lake of the Woods, which was permitted by the Minnesota Department of Natural Resources in 2003 and the cumulative movement of more than fifty (50) cubic yards of material outside of the shore impact zone of Lake of the Woods for the purpose of disposing dredged material. Lake of the Woods is a General Development Lake with the following conditions: Follow DNR Plans and Approvals.
Lake of the Woods County Board of Commissioners
Findings of Fact and Decision
Name of Applicant: Daniel Miller Date: February 14, 2023
Location/Legal Description: The Southeast quarter of the Northeast quarter (SE¼NE¼), and Government Lot Four (4), Section Eleven (11), Township One Hundred Sixty-seven (167) North, Range Thirty-three (33) West of the Fifth Principal Meridian, and subject to flowage easement by the United States Government. – Parcel ID# 06.11.41.000.
Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to construct an inland harbor connected to Lake of the Woods, which was permitted by the Minnesota Department of Natural Resources in 2003. Also, the applicant is requesting the cumulative movement of more than fifty (50) cubic yards of material outside of the shore impact zone of Lake of the Woods for the purpose of disposing dredged material. Lake of the Woods is a General Development Lake.
- 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? Safe harbor.
2. Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES ( ) NO ( ) N/A (X)
Why or why not? _______________________________________________________________________
- 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? Material to be deposited on land.
- 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 change.
- 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? _______________________________________________________________________
- 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? _______________________________________________________________________
- Is the site in harmony with existing and proposed access roads? YES ( ) NO ( ) N/A (X)
Why or why not? _______________________________________________________________________
- 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? Harbor on a island.
- 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? ____________________________________________________________________
- 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? ____________________________________________________________________
- Is the site adequate for water supply and on-site sewage treatment systems? YES ( ) NO ( ) N/A (X)
Why or why not? _______________________________________________________________________
- 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? _______________________________________________________________________
- 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? _______________________________________________________________________
- 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? Natural vegetation.
- 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? _______________________________________________________________________
- 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: Follow DNR plans and approvals.
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
February 14, 2023 _____________________________________
Date Ed Arnesen Chair, County Board
Northwest Community Action-Family Services
Family Services Manager Sharon Millner gave an update to the board on various topics that included: Federally funded programs, Energy assistance, Transportation, Crisis Support, and Grants.
Legislative Update
Commissioner Ed Arnesen gave an update that included: Williams School, PILT, and Tourism.
Recess
A brief recess took place at 10:40a.m. and reconvened at 1:00p.m.
Public Hearing-Wetlands Appeal
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting and open the public hearing with the following members present: Commissioners: Ed Arnesen, Jon Waibel, Cody Hasbargen, Buck Nordlof, Joe Grund. Also Present: Auditor/Treasurer Lorene Hanson, County Attorney James Austad, Land & Water Director Josh Stromlund, Robert Audette, Jennifer Audette, and Woody Fiala.
Wetlands Appeal-Robert & Jennifer Audette
The board reviewed the appeal presented by Robert and Jennifer Audette regarding a wetlands replacement plan.
Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to close the public hearing and open the regular meeting.
Wetlands Appeal-Robert & Jennifer Audette
Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to deny the wetlands appeal as presented by Robert & Jennifer Audette sighting the findings of fact report from the Technical Evaluation Panel.
Recess
With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 1:30 p.m.
Attest: February 28, 2023
______________________________ _________________________________
County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen