November 14, 2023

The Lake of The Woods County Board of Commissioners met in regular session on November 14, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Commissioner Jon Waibel called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Jon Waibel, and Joe Grund. Attending by Phone: Commissioners: Ed Arnesen, and Cody Hasbargen Also Present was Auditor-Treasurer Lorene Hanson. Absent: Commissioner Buck Nordlof

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the agenda with the following changes: Add: Rainy River Liquor License, Cigarette License, Cost Allocation Plan, and  Lakewood Nursing Contract.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the official minutes of October 24, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the following claims: Commissioners Warrants $24,781.09; Commissioners Warrants $2,200.55; Commissioners Warrants $10,468.98.

Home Health Task Force

Social Services director Amy Ballard gave an update on the Lake of the Woods County Home Health Task Force.

Closed Session-Attorney Client Privilege

Resolution

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

RESOLUTION CLOSING BOARD MEETING

Resolution NO. 23-11-01 

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County entered into a Settlement Agreement (“Agreement”) in the Matter of Hibbing Taconite Mine and Stockpile Progression and Williams Creek Project Specific Wetland Mitigation, which Agreement was dated October 6, 2015 (OAH Docket No. 11-2004-31655); and

WHEREAS, the Agreement resolved issues prior to litigation; and 

WHEREAS, certain parties to the Agreement, namely, Northern Conservation L.L.C. and Cliffs Mining Company (jointly “Cliffs”) are seeking to modify certain terms and conditions of the Agreement; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the modification of  pending lawsuit; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the requested modifications, where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Office of Administrative Hearings matter as set forth in the recital above and any settlement proposals regarding the modifications to the Agreement requested by Cliffs, which may be made by or responded to by the Lake of the Woods County Board. 

Motion to Close/Open

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

Land & Water

Consideration of Conditional Use Permit Application #23-18CU by J&T Ferguson, LLC

Northeast Quarter of the Southwest Quarter (NE1/4SW1/4), West of Bostic Creek, Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID# 19.21.31.000. 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 10 cubic yards of material within the shore impact zone of Lake of the Woods and to move more than 50 cubic yards of material outside the shore impact zone of Lake of the Woods for the construction of a dike to protect the property from flooding. Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the following Findings of Fact/Conditional Use Permit #23-18CU by J&T Ferguson, LLC as presented to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods and to move more than 50 cubic yards of material outside the shore impact zone of Lake of the Woods for the construction of a dike to protect the property from flooding.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  J&T Ferguson, LLC Date:  November 14, 2023

Location/Legal Description:  Northeast Quarter of the Southwest Quarter (NE¼SW¼), West of Bostic Creek, Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.21.31.000.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods and to move more than 50 cubic yards of material outside the shore impact zone of Lake of the Woods for the construction of a dike to protect the property from flooding. 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?  Shoreland protection.

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

YES (X)  NO (  )  N/A (  )

Why or why not?  Dike construction did and will protect private infrastructure such as water supply and septic systems.

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 (X)

Why or why not?  Dike construction did and will protect private infrastructure from contamination.

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?  It will not adversely affect the property. The dike construction will protect the property from future high-water events.

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 property location is within the floodplain; therefore, the dike construction has to be within the floodplain area.

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?  Proper erosion control methods, both temporary and permanent, have been implemented.

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

Why or why not?  The project has no relationship with existing and proposed roads.

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

Why or why not?  The project has no relationship to adjacent land uses. 

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, Bostic Bay.

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?  The project will not generate liquid waste. 

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?  No structures are part of this project. 

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

Why or why not?  The project will protect the current septic systems and water supply.

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?  The project has no relationship with public waters and water craft use.

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?  The project does not include storage tanks.

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?  This project will have no buffer as it is not needed.

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?  No signs are associated with this project. 

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?  No additional traffic is associated with this project. 

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: _________________________________________________________

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

November 14, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

This is in accordance with Section 1105 of the Lake of the Woods County Zoning Ordinance

Recess

A brief recess took place at 10:20a.m. and reconvened at 10:25a.m.

Human Resources

Permission to Hire Social Services Intern

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the request to hire Lily Smith as an Intern for Social Services at Grade 7, Step 1, $18.11 per hour at 200 points.

Permission to Advertise, Interview, & Hire

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the request to advertise, interview, & hire for the part-time dispatch position at Grade 11, Step 1, $22.28 per hour at 253 points.

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to add Donation of Sick Leave to the agenda.

Donation of Sick Leave

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve Brock Stebakken to donate 80 hours of sick leave to Sheri Stebakken at her rate of pay.

Northwest Community Action

Executive Director Sharon Millner gave an update that included a maintenance repair grant and fuel assistance.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the claims against the County as follows: Revenue $91,486.67; Road & Bridge $135,701.36; County Development $2,600.00; Solid Waste $38,948.98; Joint Ditch $1,333.15; EDA $1,214.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 11/14/2023 For Payment 11/21/2023

Vendor Name Amount

Barr Engineering Co. 3,973.00

Cenex Co-Op Services, Inc. 16,977.85

DSC Communications 10,777.20

Erickson Engineering Company, LLC 6,427.00

Hoffman, Philipp & Martell, PLLC 9,890.00

Howard’s Oil Company 6,572.23

Interstate Billing Service Inc 2,475.37

John Deere Financial 2,858.41

KGM Contractors Inc 47,000.00

Lake Superior College 2,200.00

LOW Highway Dept 8,677.15

Mar-Kit Landfill 13,630.75

Marco Technologies LLC 4,136.36

Moren/Law Offices Of Patrick D 8,882.20

Naylor Heating & Refrigeration LLC 6,884.85

Pennington County Sheriff Office 21,253.26

Pomp’s Tire-Thief River Falls 20,804.11

R & Q Trucking, Inc 4,277.00

Verus Corporation 9,175.00

Wex Bank 2,585.45

WIDSETH SMITH NOLTING & ASSOC., INC. 12,887.50

Woody’s Service 2,158.41

Ziegler, Inc 13,970.69

61 Payments less than 2000 32,810.93

Final Total: 271,284.72

Further moved to authorize the payment of the following auditor warrants: October 25, 2023 for $421,147.52; November 1, 2023 for $403,434.22.

Approve 2024 Appropriation Grant

Resolution

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

SFY 2024 Special Appropriation Grant

Resolution NO. 23-11-02

BE IT RESOLVED that Lake of the Woods County (Applicant) act as the legal sponsor for projects contained in this Application to be submitted on October 30, 2023 and that County Board of Commissioners Chair (Title of the First Authorized Official) and County Auditor-Treasurer (Title of Second Authorized Official) are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of Lake of the Woods County (Applicant).

BE IT FURTHER RESOLVED that Lake of the Woods County (Applicant) has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure accomplishment of the program goals, provide proposed deliverables and successfully manage all aspects of this grant, including timely reporting.

BE IT FURTHER RESOLVED that Lake of the Woods County (Applicant) has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful corrupt practice, and that the Applicant is currently in good standing with the principles of the grant management as established by the Office of Grant Management, Minnesota Management and Budget.

BE IT FURTHER RESOLVED that upon approval of its application by the state, Lake of the Woods County, (Applicant) may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that it will comply with all applicable laws and regulations as stated in all contract agreements.

NOW, THEREFORE BE IT RESOLVED that County Board of Commissioners Chair (Title of First Authorized Official) and County Auditor-Treasurer (Second Authorized Official), or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant.

Lakewood Nursing Services Agreement 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the 2024 Lakewood Nursing Services Agreement and for Chair Ed Arnesen to sign the same. 

Cost Allocation

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve Auditor-Treasurer Lorene Hanson to sign the certificate of cost allocation plan.

Liquor License- Rainy River Resort

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the Rainy River Resort Liquor License application through June of 2024.

Cigarette License-Midwest Dabbin Cabin by Matthew Winskowski

A motion was offered by Commissioner Joe Grund to approve the cigarette license for Midwest Dabbin Cabin. The motion died for lack of a second. It was the consensus of the board to review this request at a later time upon further research.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various highway projects.

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to add Bid Awards, Final payment, and Permission to Hire Seasonal Employee to the agenda. 

Auction Bid Awards

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the bid awards from the public works auction.

Approve final payment SAP 039-622-008 KGM

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the final payment of SAP 039-622-008 for KGM Contractors, Inc. of Angora, MN in the total amount of $1,502,012.61 and hereby authorize final payment of $88,638.70.

Permission to Hire Seasonal Employee

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the request to hire Todd Fadness as a Seasonal Snow Plow Operator at $30.00 per hour with no benefits.

MIS

Firewall Purchase

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Habargen and carried unanimously to approve the firewall purchase in the amount of $9,175.00 with Versus Corp.

Approve Painting Quote

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call to approve the quote from Northwoods Painter in the amount of $27,920.00 to paint the interior of the courthouse building.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to adjourn the meeting at 11:00a.m.

Attest: November 28, 2023

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Commissioner Jon Waibel