COMMISSIONER PROCEEDINGS

January 14, 2025

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, January 14, 2025 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chair Jon Waibel called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Joe Grund, Jon Waibel, Ed Arnesen, and Buck Nordlof. Also present was 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 with changes: Add: Employee Recognition, Safe Child Consultation Contract, Maintenance Liaison, and Resolution of Support-Bonding.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of December 27, 2024.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of January 7, 2025 with changes.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $33,949.41; Commissioners Warrants $2,290.23; Commissioners Warrants $15,397.99.

Purchase of Services Agreement-Northland Counseling

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously with Commissioner Cody Hasbargen abstaining to approve the Purchase of Services agreement with Northland Counseling effective January 1, 2025-December 31,2026.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $227,751.75; Road & Bridge $86,792.87; Solid Waste $40,330.13; EDA $20,365.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 1/14/2025 For Payment 1/17/2025

Vendor Name Amount

Air Med Care Network 16,803.00 

ByteSpeed, LLC – 2,129.00 

Headwaters Regional Dev Commiss – 20,000.00 

KRIS Engineering Inc – 4,404.40 

Larkin Hoffman Attorneys – 17,892.50 

M-R Sign Co, Inc – 5,345.82 

Mar-Kit Landfill – 11,682.50 

Mn Assn Of Counties – 9,146.00 

Mn Counties Computer Co-Op – 20,920.68 

MN Counties Intergovernmental Trst – 205,884.00 

Mn State Dept-Correction – 18,639.00 

Northern Light Region – 4,848.00 

OnSolve,LLC – 7,875.00 

Quadient Finance USA Inc. – 2,000.00 

Ziegler, Inc – 4,874.44 

39  Payments less than  2000 – 22,795.41

Final Total: 375,239.75

Further moved to authorize the payment of the following auditor warrants: December 31, 2024 for $3,996.21; December 31, 2024 for $100,029.79; December 31, 2024 for $9,986.31; January 8, 2025 for $65,437.90.

County Surveyor Contract Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Professional Services contract for County Surveyor with Bolton & Menk and for Chair Jon Waibel, Auditor-Treasurer Lorene Hanson, and County Attorney Michelle Moren to sign the same.

Audit Engagement Letter

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Audit Engagement Letter, for the year ended December 31, 2024, with Hoffman, Philipp, & Martell, PLLC and for the Chair Jon Waibel and Auditor-Treasurer Lorene Hanson to sign the same.

Employee Recognition

Chair Jon Waibel presented the 2024 Steven R. Sindelir Memorial Award for Excellence to Deputy Auditor-Treasurer Anna Sanchez.

Resolution of Support

Resolution

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

LAKE OF THE WOODS COUNTY, MINNESOTA

SUPPORTING A BONDING BILL FOR

 CONSTRUCTION OF A NEW COUNTY LAW ENFORCEMENT CENTER

RESOLUTION 2025-01-03

Supporting the County’s request for bonding money to provide a new law enforcement center.

WHEREAS, As of July 1, 2021, the Minnesota Department of Corrections  (DOC) has found the existing Lake of the Woods County Jail to be structurally deficient and in need of major renovations or replacement, and has required the County to transfer inmates to an alternative facility until alternative facilities have been built; and

WHEREAS, pursuant to DOC mandates, inmates can be held at the existing county jail for a maximum time period of 72 hours (which can be extended only if the Court has authorized that specific inmate can have Huber and/or STS privileges); and

WHEREAS, due to the limitations imposed by DOC, the County has been required to house inmates in other jail facilities in neighboring counties, resulting in transportation time and expenses, and the cost of housing the inmates outside of the Lake of the Woods County jail; and

WHEREAS, the County Board has considered the practicality and future costs of all alternatives; factoring in the County’s considerable distances to alternative facilities and the uncertain availability and cost of such arrangements; and has determined that building a new Law Enforcement Center is the most viable response to the Department of Corrections’ mandate; and 

WHEREAS, the aforementioned project is the most fiscally responsible option and will result in near-term and long-term economic and public safety benefits to County residents and businesses, as well as non-resident visitors and businesses, and

WHEREAS, the construction of a new Law Enforcement Center will require funding from a state bonding bill; and 

THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD AS FOLLOWS:

The County Board urges all lawmakers to work to pass a bonding bill in the current legislative session, which includes funding appropriations for the Lake of the Woods County Law Enforcement project.

Maintenance Liaison

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously for Commissioner Joe Grund to be Maintenance Liaison.

Sheriff

FY23 Stonegarden Resolution

The board reviewed the FY23 Stonegarden resolution. No action was taken at this time.

Boat & Water Grant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Boat & Water Grant Assessment as presented by Sergeant Ben Duick and for  Commissioners: Jon Waibel, Joe Grund, Cody Hasbargen, Ed Arnesen, and Buck Nordlof, Sheriff Gary Fish, Sergeant Ben Duick, and Auditor-Treasurer Lorene Hanson to sign the same.

PUBLIC WORKS
Updates

County Engineer Anthony Pirkl gave an update on various projects.

Landfill Bids

County Engineer Anthony Pirkl reviewed bids received for the capping of the landfill. No action was taken at this time.

Tech II to Tech III

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to move Wyatt Erickson from Tech II to Tech III at Grade 13, Step 6, $30.14 per hour at 396 points.

Retirement Resolution- Tim Aery

Resolution

The following resolution was offered by Chairman Jon Waibel and moved for adoption:

Recognition of Years of Service

Timothy Aery

Resolution No. 2025-01-02

WHEREAS: Timothy Aery has served Lake of the Woods County as a Heavy Equipment Operator since June 27, 1994;

WHEREAS: Tim will retire from Lake of the Woods County effective January 17, 2025 with more than thirty years of service;

NOW THEREFORE, BE IT RESOLVED: That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Timothy for his dedicated service and wishes him well on his retirement.

The resolution was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried. 

Attorney

Safe Child Consultation Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Safe Child Consultation contract between University of Minnesota Physicians and Lake of the Woods County and for County Attorney Michelle Moren to sign the same.

Temporary Office Assistant 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to hire Diane Rosen as temporary office assistant at Grade 13, Step 12, $33.43 per hour plus IRS mileage rate of .70 cents effective January 16, 2025.

Land & Water

Consideration of Conditional Use Permit #25-01CU by Kyle and Kati Christianson

Lot Twenty (20), Long Point Subdivision of Lake Shore of Government Lot Five (5) of Section Thirty-six (36), Township One Hundred Sixty-four (164) North, Range Thirty-four (34) West (Lakewood) – Parcel ID# 14.52.00.200. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of shoreline stabilization due to the 2022 high water event. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit/Findings of fact #25-01CU by Kyle and Kati Christianson to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of shoreline stabilization due to the 2022 high water event. Lake of the Woods is a General Development Lake.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Kyle & Kati Christianson

Date:  January 14, 2025

Location/Legal Description:  Lot Twenty (20), Long Point Subdivision of Lake Shore of Government Lot Five (5) of Section Thirty-six (36), Township One Hundred Sixty-four (164) North, Range Thirty-four (34) West (Lakewood) – Parcel ID# 14.52.00.200.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of shoreline stabilization due to the 2022 high water event.

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 stabilization

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

YES (  )  NO (  )  N/A (X)

Why or why not?  ___________________________________________________________________

3. 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?  Will provide some level of sedimentation loading which prevents water pollution. 

4. 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?  No change.

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?  The project location is within the floodplain of Lake of the Woods. 

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 (X)  NO (  )  N/A (  )

Why or why not?  The project proposal is to further reduce erosion from the property.

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

Why or why not? ____________________________________________________________________

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

Why or why not?  Seasonal cabins.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Lake of the Woods.

10. 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? ____________________________________________________________________

11. 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? ____________________________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems? YES (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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 (  )  N/A (X)

Why or why not? ___________________________________________________________________

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 (  )  NO (  )  N/A (X)

Why or why not? ____________________________________________________________________

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. Proper temporary and permanent erosion control methods are to be implemented.

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

January 14, 2025 _____________________________________

Date Jon Waibel

Chair, County Board

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

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2025-01-04

WHEREAS, Lake of the Woods County will discuss the organizations practices that support cybersecurity; and

WHEREAS, the disclosure of the information discussed would pose a danger to compromise security procedures or responses;

WHEREAS, pursuant to Minnesota Statute Section 13D.05, Subd.3(d), the County board by resolution may close a meeting to discuss the security reports;

NOW THEREFORE, BE IT RESOLVED: The Lake of the Woods County Board of Commissioners hereby closes the County Board meeting on January 14, 2025 in order to discuss ongoing security strategies. 

Motion

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

Correspondence

The board reviewed correspondence from Minnkota Power.

Adjourn

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 10:45 a.m.

Attest: January 28, 2025

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Jon Waibel