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COUNTY BOARD

June 7, 2022

June 7, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, June 7, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

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

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: Mobile Device Policy, Flood Update. Move: Work Session-Maintenance to June 28, 2022 meeting. 

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the minutes from May 24,2022.

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the minutes from May 31,2022.

Social Services

Jodi Ferrier gave an update on the hospice contract that was recently signed by Lakewood Health and that they had hired for the Social Worker position

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $8,052.98; Commissioners Warrants $4,519.44; Commissioners Warrants $10,039.16.

Auditor/Treasurer

Claims

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $21,639.22; Road & Bridge $23,635.61; Solid Waste $20,008.97; EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 6/07/2022 For Payment 6/10/2022

Vendor Name Amount

First State Tire Recycling 5,233.06

Howard’s Oil Company             2,631.17

Lexipol 3,000.00

 Mar-Kit Landfill 12,976.25

Olson Construction 2,000.00

Quadient Finance USA Inc. 2,000.00

Rupp,Anderson,Squires,& Waldspurger,P.A. 2,250.00

SeaChange Print Innovations 2,365.00

Titan Machinery – Roseau 15,200.00

49 Payments less than 2000 17,672.88

Final Total: 65,328.36

Further moved to authorize the payment of the following auditor warrants: May 25,2022 for $50,789.16; May 26,2022 for $550,000.00; June 1,2022 for $600,518.87.

Appointment of Arrowhead Library Member

It was the consensus of the board to not choose a member until the City Library board members have their meeting. This will be added to the June 28, 2022 meeting agenda. 

Updates

County Auditor/Treasurer gave an update on various topics that included: NWA board meeting, Board of Equalization meeting, and AMC.

Sheriff

Pennington Jail Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Purchase of Services Agreement for Jail Contract between Pennington County and Lake of the Woods County effective June 1,2022 to June 1,2023.

Economic Development Authority

Request for American Rescue Plan Funds

EDA Director Ryan Zemek is requesting $50,000 from the American Rescue Plan funds for capacity recovery and resilience efforts in Lake of the Woods County.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request for ARP funds in the amount of $50,000.

Human Resources

Hire for Maintenance Facilities & Safety Coordinator

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the hire of Shane Shaw as maintenance facilities & safety coordinator at Grade 9, Step 12, $24.02 per hour at 230 points.

Hire Social Worker

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to hire Katie Johnson for the social worker position at Grade 13, Step 1, $24.07 per hour at 298 points. Katie Johnson will start on July 1, 2022.

Mobile Device Policy

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to change the mobile device policy for unlimited text & talk data from business only to business and personal plans at $60.00 per month. 

Public Works

Assistant Engineer Boyd Johnson gave an update on various projects that included: Sandbagging, Erosion Control, NWA, and flooding.

Emergency Management

Emergency Management Director Jill Hasbargen-Olson gave an update on the information about flooding being put on the County website, and concerns about the sandbagging machine being used without an operator present. The plan moving forward would be to set appointment times for people to come have their bags filled to avoid injury.

Land & Water

Consideration of Conditional Use Permit #22-9CU by Robert Erickson

Land & Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-09CU by Robert Erickson: Tracts located in the Northeast quarter of the Northwest quarter in Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID #19.28.21.000, 19.28.21.010, 19.28.21.020 Applicant, as required by Lake of the Woods County Zoning Ordinance Section 902, is requesting the cumulative movement of more than ten (10) cubic yards of material within the shore impact zone of Bostic Creek for the purpose of a shoreline rip rap project. Bostic Creek is a tributary river segment. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-09CU for Robert Erickson to approve the cumulative movement of more than ten (10) cubic yards of material within the shore impact zone of Bostic Creek for the purpose of a shoreline rip rap project with the following conditions:

  1. Applicant to use typical cross section design.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Robert Erickson (Ken-Mar-Ke Resort) Date:  June 7, 2022

Location/Legal Description:  Tracts located in the Northeast quarter of the Northwest quarter in Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.28.21.000, 19.28.21.010, 19.28.21.020

Project Proposal:  As required by Section 902 of the Lake of the Woods County Zoning Ordinance, applicant is requesting the cumulative movement of more than ten (10) cubic yards of material within the shore impact zone of Bostic Creek for the purpose of a shoreline rip rap project.

  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? Prevent shore erosion.

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

YES (X)  NO (  )  N/A (  )

Why or why not? Prevention and further reduction of sedimentation and erosion.

  1. 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? Prevent erosion, bank stabilization.

  1. 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? _______________________________________________________________________

  1. 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? Stabilize the shoreline.

  1. 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? Prevent erosion.

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

Why or why not? _______________________________________________________________________

  1. 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? Reason for project.

  1. 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? _______________________________________________________________________

  1. 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? _______________________________________________________________________

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

Why or why not? _______________________________________________________________________

  1. 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? _______________________________________________________________________

  1. 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? _______________________________________________________________________

  1. 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? _______________________________________________________________________

  1. 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? _______________________________________________________________________

  1. 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:

  1. Applicant to use the typical cross section design for rock rip rap.

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

June 7, 2022 _____________________________________

Date James Nordlof

Chair, County Board

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

Lake of the Woods Coalition- Tammie Doebler

Tammie Doebler updated the board on the National Night Out event that will be held in Lake of the Woods County in August of 2022. National Night Out is an event to bring communities together with Law Enforcement, and Emergency services for a night of games, food and presentations. Toward Zero Death will also be attending the event. 

Ditch Authority

Motion

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

Petition for Partial Ditch Abandonment

The Ditch Authority reviewed the petition for partial ditch abandonment from Mark Friesen. It was the consensus of the board to continue to review the petition for partial ditch abandonment at the meeting on June 28, 2022. 

Motion

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

Legislative Update

Commissioner Ed Arnesen informed the board that there is nothing new to update at this time. 

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 11:05 a.m.

Attest: June 28, 2022

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair James “Buck” Nordlof