May 9, 2023

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, May 9, 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: Buck Nordlof, Ed Arnesen, Jon Waibel, Cody Hasbargen and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: PILT Letter of Support

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official minutes of April 25, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $18,025.18; Commissioners Warrants $3,764.21; Commissioners Warrants $7,046.61.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $31,389.93; Road & Bridge $60,520.67; Social Services $1,300.00; County Development $1,600.00; Solid Waste $26,378.50; EDA $10,765.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/09/2023 For Payment 5/12/2023

Vendor Name Amount

Cenex Co-Op Services, Inc. 11,727.62

Farmers Union Oil company 2,236.36

Guardian Fleet Safety 3,685.13

Headwaters Regional Development Commiss 10,765.00

Howard’s Oil Company 3,224.76

KRIS Engineering Inc 14,444.04

Lake Superior College 2,075.00

Little Falls Machine, Inc 9,269.25

LOW County Auditor-Treasurer 19,675.62

LOW Highway Dept 4,813.75

Mar-Kit Landfill 11,398.00

Mn Dept Of Transportation 3,159.30

R & Q Trucking, Inc 3,055.00

Rainy Lake Oil, Inc 2,643.03

WIDSETH 2,850.00

53  Payments less than 2000  26,932.24

Final Total: 131,954.10

Further moved to authorize the payment of the following auditor warrants: April 26,2023 for $1,857.75; May 3, 2023 for $66,403.76.

Letter of Support

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to draft a letter of support for Payment In Lieu of Taxes (PILT) legislation. 

Legislative Update

Commissioner Ed Arnesen gave a legislative update and his time in Washington D.C. that included: Tourism, Williams School, Law Enforcement Building, PILT, and Safe Boat.

Historical Society 

Lake of the Woods County Museum Director Lindsay Marshall gave an update on various fundraising the Historical Society has done in an effort to raise money for a new roof. It was the consensus of the board to discuss the remaining balance for the Lake of the Woods County Museum roof in the ARPA work session following the meeting. 

Snowmobile Trail Updates

Lake of the Woods Drifters representatives Mariah Mollberg, and Randy Orton and NWA Edgriders representative Joe Laurin gave the board an update on various trail projects and the equipment used to groom the trails. They also informed the board of rerouted trails do to the swamps.

Fire Department Air Compressor Request

Brad Levasseur updated the board on a need for a new air compressor for the Baudette Fire Department that could expand the capability of air capacity during a structure fire. He presented quotes for an estimate of what a new air compressor would cost for the fire department. It was the consensus of the board to discuss this request during the ARPA work session following the meeting.

Public Works

County Beaver Bounty

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to raise the County Beaver Bounty from $45.00 to $75.00 based on the average of surrounding areas effective immediately.

Approval of CaCl Bids

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the calcium chloride bid from Knife River in the amount of $147,060.00 for the mainland and the bid from Forts Distributors in the amount of $38,400 for the NWA.

Handicap Toilet at Boy Scout Park

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve a handicap accessible toilet at the boy scout park for the summer season in the amount of $1000.00.

Updates

County Engineer Anthony Pirkl discussed the missing dock at Clementson park, the need to include Williams school mowing in the parks budget, the possibility of using FEMA dollars to repair damaged roads, brushing at the NWA, and spring clean-up.

JD 62 Bill

County Engineer Anthony Pirkl informed the board that there is a brushing bill for JD 62 in the amount of $2,079.00. Roseau County will receive the bill.

Ditch Authority

Motion

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

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the payment to Roseau County for Lake of the Woods County portion of the JD 62 brushing bill. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the Ditch Authority and open the regular meeting.

IJC Grant- Southern Shore Barrier Island Study

County Engineer Anthony Pirkl informed the board of a survey study of Pine Island that will be used to understand the flow of the water and how to support the island. The IJC Grant if approved will cover the remaining cost of the project, however, Mr. Pirkl is requesting that the board approve up to $21,500.00 in the event the grant application is not approved so the project may continue.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve up to $21, 500.00 for the Pine Island study in the event the grant does not cover the funds.

Sheriff

Stonegarden Sheriff Salary

Resolution

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

AMEND COUNTY SHERIFF SALARY

Resolution No. 23-05-01

WHEREAS, the United States Department of Homeland Security has asked local law enforcement agencies along our Nation’s border to step up border monitoring, pursue joint objectives, and enhance their capabilities for providing border security; and,

WHEREAS, in an effort to assist local governments in fulfilling this request, the Department of Homeland Security through the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division, offered “Operation Stonegarden 2021 grant; and,

WHEREAS, the Lake of the Woods County Sheriff’s Office is a successful recipient of an Operation Stonegarden 2021 grant; and,

WHEREAS, the Lake of the Woods County Sheriff has undertaken, as additional duties, the responsibility to avail himself and his officers for additional training, or to provide such training for his officers’ himself, for border protection and border security, and the additional duties of improving the distinct capability of the sheriffs’ office as a whole with regard to border security and border patrol as part of a joint mission; and in addition, as and for additional duties, the sheriff will necessarily devote more of his own time to border patrol and border enforcement; and,

WHEREAS, the Operation Stonegarden 2021 grant given to assist the Lake of the Woods County Sheriff’s Office in its efforts to secure the border includes the sum of $119,700 and $56,954 of this grant is for salaries.

WHEREAS, it is estimated that these additional border security duties will necessitate that the Sheriff expend on average another eight (8) hours per week; and,

WHEREAS, through the Operation Stonegarden 2021 grant, all of the additional overtime worked by officers devoted to border security issues is fully reimbursable under the grant, including the cost of officer overtime pay, PERA, Medicare and worker’s compensation, so that the net cost of the additional homeland security duties to Lake of the Woods County is fully reimbursed by the grant.

NOW, THEREFORE, BE IT RESOLVED, that the resolution setting the sheriff’s salary, as originally set by this board on December 30, 2022 was $98,404.80 and fringe benefits were $19,828.57, be amended so that the sheriff’s salary is increased by the sum up to $18,815.68 and fringe benefits are increased up to $3,965.71 commencing January 1, 2023 through December 31, 2023, with the increase funding from the Operation Stonegarden 2021 grant contingent upon the following:

1.  That the Operation Stonegarden 2021 grant funding be available; and

2. That the Sheriff works, in addition to his regular duties, eight (8) hours per week of said Operation Stonegarden 2021 grant.

At such time that the Operation Stonegarden 2021 grant funding is no longer available and/or if the Sheriff is unable to complete the additional eight (8) hours per week of Operation Stonegarden 2021 grant work, the Sheriff’s salary shall return to the original balance set by the board on December 30, 2022 in addition to the accumulated Stonegarden wages earned based on Stonegarden funding available and actual hours worked.

Advertise for Bids- Oil Furnace

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to advertise for bids for the used oil furnace in the storage building.

Declaration of Emergency

Emergency Management Director Jill Olson informed the board that the time to submit a declaration of emergency has expired.

Annual Boat & Water Grant

Resolution

The following Resolution was offered by Commissioner Buck Nordlof and moved for adoption: 

A RESOLUTION AUTHORIZING THE ANNUAL:

BOAT & WATER SAFETY GRANT

Resolution No. 2023-05-02

WHEREAS, under the provisions of M.S. 84.026, M.S.86B.101, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner of Natural Resources; and,

WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties.

NOW, THEREFORE BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2023 through June 30, 2024, in the amount of $6,277, and authorize the County Board Chair Ed Arnesen, and County Sheriff Gary Fish to sign the same. 

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

Land & Water

Land & Water Planning Director Josh Stromlund presented the follow CUP’s for consideration:

Consideration of Conditional Use Permit #23-04CU by Jason and Christina Draper

A tract of land described as the West 330’ of the S2SE4SE4, Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-three (33) West (McDougald), Lake of the Woods County, Minnesota – Parcel ID# 22.07.44.021. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential (R2) Zoning District.

Motion 

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #23-04CU by Jason and Christina Draper to operate a short-term vacation rental in a Rural Residential (R2) Zoning District with the following conditions:

1. No rental of property until a Certification of Compliance for the septic system is obtained.
2. The septic system must be sized accordingly for the proposed maximum occupancy as per application.
3. Conditional Use Permit terminates upon sale or transfer of property.
4. All other requirements must be met as per application
5. If applicable, meet Department of Health Requirements.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Jason and Christina Draper Date:  May 9, 2023

Location/Legal Description:  A tract of land described as the West 330’ of the S2SE4SE4, Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-three (33) West – Parcel ID# 22.07.44.021.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential (R2) Zoning District. 

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? Rural Residential.

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

YES (X)  NO (  )  N/A ( )

Why or why not?  Application of permit process.

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 (  )  NO (  )  N/A (X )

Why or why not?  ___________________________________________________________________ 

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?  County Road.

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

Why or why not?  Rural 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?  Based on inspection.

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 (X )  NO (  )  N/A (  )

Why or why not?  Large enough area.

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 ( X )  NO (  )  N/A ( )

Why or why not? Existing.

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 (X )  NO (  )  N/A (  )

Why or why not? On-site parking.

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. No rental of property until a Certificate of Compliance for the septic system is obtained.
2. The septic system must be sized accordingly for the proposed maximum occupancy as per application.
3. Conditional Use Permit terminates upon sale or transfer of property.
4. All other requirements must be meet as per application.
5. If applicable, meet Department of Health requirements.

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

      May 9, 2023 _____________________________________

Date Ed Arnesen

        Chair, County Board

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

Consideration of Conditional Use Permit Application #23-05CU by Daniel Crompton

That part of the South 500’ of the SE¼SW¼ lying westerly of Bostic Creek except that part lying within Block 3, of Walleye Retreat Plat, in Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler), Lake of the Woods County, Minnesota – Parcel ID# 19.21.34.071. Applicant is requesting a Conditional Use Permit as required by Section 902 of 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 a rip rap project. This portion of Bostic Creek is considered part of Lake of the Woods which 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 Findings of Fact/Conditional Use Permit #23-05CU by Daniel Crompton to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of a rip rap project with the following conditions:

1. Must follow DNR standards for rock rip rap.
2. The Conditional Use Permit is only for that portion of the property experiencing active erosion.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Daniel Crompton Date:  May 9, 2023

Location/Legal Description:  The South 500’ of the SE¼SW¼ lying westerly of Bostic Creek except that part lying within Block 3, of Walleye Retreat Plat, in Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler), Lake of the Woods County, Minnesota – Parcel ID# 19.21.34.071.

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) yards of material within the shore impact zone Bostic Bay of Lake of the Woods for the purpose of a rock riprap project. Lake of the Woods is a General Development lake.  

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 Protection. 

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?  Shoreline protection.

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?  Remain the same.

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?  Bostic Creek.

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?  Based on DNR requirements.

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 ( )  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?  Bostic Creek.

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?  ___________________________________________________________________ 

12. 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? ___________________________________________________________________

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

Why or why not?  ___________________________________________________________________ 

14. 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? ___________________________________________________________________ 

15. 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? ___________________________________________________________________ 

16. 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? ___________________________________________________________________ 

17. 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? ___________________________________________________________________ 

18. 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. Must follow DNR standards for rock rip rap.
2. The Conditional Use Permit is only for that portion of the property experiencing active erosion.

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

          May 9, 2023 _____________________________________

Date Ed Arnesen

        Chair, County Board

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

Consideration of Preliminary Plat of Hooper Creek West by Hooper Creek Investments, LLC

 A parcel of land located in Government Lot (One) 1 and (Five) 5, and that portion of the SE¼NW¼ lying north of Highway 172, all within Section Eighteen (18), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) Parcel ID# 24.18.12.010. Applicant is requesting to create eight (8) tracts for a residential development. The Rainy River is an Agricultural River Segment.

Planning Commission recommends approval of the submitted Preliminary Plat of Hooper Creek West with the following conditions:

Combine Lots 1 and 2.

Address comments submitted by the County Recorder and Public Works Director.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously with Commissioner Jon Waibel abstaining to approve the request by Hooper Creek Investments, LLC to create eight (8) tracts for a residential development with the following conditions:

1. Combine Lots 1 and 2
2. Address comments submitted by the County Recorder and Public Works Director.

Public Health Nurse

Public Health Nurse Kay Schell gave an update to the board about potential uses for Opioid Funds and how other Counties have been using the funds.

Coalition

Doris Knutson and Sandy Peterson spoke with the board on various uses for Opioid Funds, how they can help our community and the need for an Opioid committee.

Set Opioid Committee

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to create the Opioid Committee with the following members: Kay Schell, Doris Knutson, Sandy Peterson, Craig Severs, Jodi Ferrier, James Austad, and Joe Grund.

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:20 a.m.

Attest: May 23, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen