November 9, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, November 9, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Vice-Chair Buck Nordlof called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Buck Nordlof, Jon Waibel, and on -line – Commissioner Ed Arnesen.  Absent was Commissioner 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, by roll call, to approve the agenda with the following changes: Add: Human Resources – Employee Recognition; Set Public Hearing for Cartway; Auditor – Affidavit Lost Warrant; and Remove:  Veterans Service.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the official and summarized minutes of October 26, 2021, with changes.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the following claims: Commissioners Warrants $2,462.92; Commissioners Warrants $9,694.56; Commissioners Warrants $690.98

NW Mediation Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the Contract between Lake of the Woods County and Northwest Mediation and Custody Investigation Services for the period of January 1, 2022 to December 31, 2023; and to have the County Board Chair, County Social Services Director and County Attorney sign the same.    

LifeCare Behavioral Health

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to approve the Contract between Lake of the Woods County and LifeCare Behavioral Health Services for the period of January 1, 2022 to December 31, 2023; and to have the County Board Chair, County Social Services Director and County Attorney sign the same.    

JOINING THE MEETING

Commissioner Joe Grund arrived at the meeting at 9:15 a.m.

AUDITOR/TREASURER
Claims
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve the claims against the County as follows: Revenue $56,435.24; Road & Bridge $28,364.70; County Development $495.00; Solid Waste $22,851.86; EDA $44.56. 

 WARRANTS FOR PUBLICATION

Warrants Approved On 11/09/2021 For Payment 11/12/2021

Vendor Name           Amount

Cenex Co-Op Services, Inc. 6,220.31

Counties Providing Technology 3,860.00

Custom Autobody And Repair 2,678.59

DSC Communications 6,165.00

Howard’s Oil Company 3,325.98

Lake Area Construction Inc. 19,168.75

LOW Highway Dept 3,838.05

Mar-Kit Landfill 12,954.50

Marco Technologies LLC 2,738.70

R & Q Trucking, Inc 2,575.00

Sjoberg’s Inc 2,668.00

Wikstrom Telephone Co.,Inc 6,770.58

WSB 14,733.25

56 Payments less than 2000   $20,494.65

Final Total:  $ 108,191.36

Further moved to authorize the payment of the following auditor warrants: October 26, 2021 for $473,409.24 and November 3, 2021 for $890,101.86.

Resolution

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously by roll call:

RESOLUTION APPROVING 

LAWFUL GAMBLING ACTIVITY APPLICATION 

TO CONDUCT OFF-SITE GAMBLING

RESOLUTION NO. 21-11-01

WHEREAS; the Fraternal Order of Police NW MN #8 has submitted a Minnesota Lawful Gambling LG220 Application for Exempt Permit Gambling to be conducted at the following establishment, which is located in Lake of the Woods County: Sportsman’s Lodge 2/28/2022

Sportsman’s Lodge 3244 Bur Oak Rd NW Baudette, MN 56623

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners hereby approves said application for submission to the Minnesota Gambling Control Board.

Lost Warrant Affidavit
Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the application and affidavit for lost warrant number 93819 for vendor number 3630 dated June 11, 2021 in the amount of $182.28 without furnishing indemnifying bond. 

CALVIN BENSON

Calvin Benson, District Outreach Representative for Congresswoman Michelle Fischbach, attended the meeting and gave an update to the County Board on State and Federal issues.

HUMAN RESOURCES

Human Resources Director, Savanna Slick met with the County Board to discuss a job description for Law Enforcement-Administrative Specialist.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously, by roll call to approve the job description of Law Enforcement-Administrative Specialist, Grade 11, Points 251.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously, by roll call, to approve the move of Julie Berggren to the new Law Enforcement-Administrative Specialist position and increase her salary to a Grade 11, Step 8, $24.14, from a Grade 10, Step 10 $23.70 effective the next full pay period (11/28/2021).  

Employee Recognition

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve the purchase of employee recognition gifts from the unallocated dept.

MAINTENANCE DEPT

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to approve a window installation in a Social Services office up to $2,170.00.

RECESS
The board recessed at 9:55 a.m. and reconvened at 10:00 a.m. with the following:

PUBLIC HEARING

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously, by roll call, to close the regular session and open the public hearing for the intent to make the position of the Auditor/Treasurer an appointed position.

Commissioner Joe Grund opened the hearing with reviewing the purpose of the meeting and the procedures of making this position appointed.   The County Board did pass a resolution on October 12, 2021, for Intent of Appointment of the Office of Auditor/Treasurer.  It was published in the paper for 2 weeks and they are now holding the public hearing for comments from the public.  

The commissioners relayed their reasons for wanting this to become an appointed position instead of an elected position.  Comments were heard from the public in regards to the appointment, with questions and answers following.   No action was taken at this time.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Cody Hasbargen and carried unanimously by roll call, to close the public hearing and open the regular meeting.     

RECESS
The board recessed at 11:15 a.m. and reconvened at 11:20 a.m. with the following:

LOW-SWCD

Cary Hernandez of the Minnesota Pollution Control Agency (MPCA) and Mike Hirst, Resource Conservationist with the Lake of the Woods Soil and Water Conservation District, via phone, met with board.  Cary gave a presentation on the Watershed Restoration and Protection Strategy (WRAPS) for the Rapid River Watershed and also the Total Maximum Daily Load Study (TMDL).

LAND AND WATER PLANNING
Consideration of Preliminary Plat of Driftwood Acres by L&S Investing LLC

Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-15CU by Robert Audette:  A tract two-hundred sixty-four feet by one-thousand five-hundred seventy-three fee (264’ x 1573’) in both Government Lot Two (2) of Section seven (7) Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West and the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Eighteen (18), Township One-hundred Sixty-Two (162) North, Range Thirty-two (32) West – Parcel ID# 19.65.00.090.  Applicant is requesting an After-the-fact 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 and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp.  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, by roll call, to deny the following Findings of Fact and Decision Conditional Use Permit #21-15CU by Robert Audette, requesting an After-the-fact 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 and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp.  

The specific items considered by the County Board were as follows:

1. The nutrient impairment of Lake of the Woods.
2. Shoreland stabilization projects to prevent further erosion of shoreline which reduces or eliminates sedimentation and excess nutrients entering Lake of the Woods.
3. The applicant didn’t follow process/protocol and is an egregious violation of the Lake of the Woods County Zoning Ordinance. The applicant was aware of process/protocols in place as two previous permits were applied for and approved for the installation of septic system and addition onto the existing garage.
4. Applicant sought project assistance from the Land and Water Planning Office as noted in the file from a site visit to the property in June 10, 2020 but, went ahead without the required approvals.
5. Alternative solutions to gain access to the lake exist that would be more environmentally friendly while still allowing the rock rip rap to remain intact and still allowing access exist; however, applicant didn’t seek project assistance from the Land and Water Planning Office prior to undertaking the project.

The County Board requires the site to be restored to original conditions as existed prior to the project occurring. The rock rip rap must be restored to the previous engineered standards. The date for completion of the restoration activities is July 31, 2022.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Robert Audette Date: November 9, 2021

Location/Legal Description:  A tract two-hundred sixty-four feet by one-thousand five-hundred seventy-three feet (264’ x 1573’) in both Government Lot Two (2) of Section seven (7) Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West and the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Eighteen (18), Township One-hundred Sixty-Two (162) North, Range Thirty-two (32) West – Parcel ID# 19.65.00.090

Project Proposal:  Applicant is requesting an After-the-fact 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 and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private boat ramp. 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(  )NO (X)  N/A (  )

Why or why not?  The project, as constructed, is not consistent with the following high priorities identified in Lake of the Woods County Comprehensive Land Use Plan:

1. Business and residents clearly felt that timber harvest and shoreland development have had the greatest effect on the county’s natural resources over the past decade. These two are of continuing importance to the county.
2. The county should provide a balanced approach to land use planning which takes into consideration individual rights, protection from the actions of others, and protection of the natural environment.

The Lake of the Woods County Board is clear about the type of values important to the county as it develops an approach to managing its land base over the next decade. While those values include a respect for the environment and a desire to maintain the environmental quality that now exists, they also include a desire for local control over the issues that affect the county’s land, and individual choice when it comes to issues of work and leisure. Following is a summary of those values important to Lake of the Woods County:

1. Conservation: Of the resources in the county. Those resources would be used in a way that they remain healthy for future generations; and finally, 
2. Balance: Between individual rights and the public’s welfare and between competing economic development and environmental protection objectives.

The following section describes Lake of the Woods County’s vision for future land use and development in the

county. It includes a statement of the county’s land use goals, policies it will promote through its activities, and

a future land use map that illustrates the described future land use pattern in the county.

GOALS

Within the context of its values and philosophy, Lake of the Woods County has developed a series of goals to guide the development of its land use plan. Following are those goals pertinent to this Conditional Use Permit request:

1. Enhance the economic opportunities available for individuals and businesses in the county in ways that are compatible with long term environmental quality.
2. Maintain and, where necessary, improve water quality.

POLICIES

1. Undertake and/or support activities to protect environmentally sensitive areas within the county. 
2. Continue to effectively enforce existing ordinances; reassess the effectiveness of the county’s regulatory tools on an ongoing basis. 
3. Encourage future growth to occur in areas that are not environmentally sensitive, and that are already served by infrastructure; conversely, discourage growth in areas that would cause environmental problems or be expensive for the county to serve with roads and other facilities. 

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

YES (  ) NO (  )  N/A (X)

Why or why not? This question has no bearing on this request. 

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (X)  N/A (  )

Why or why not?  The engineered rock rip rap project is consistent; however, with the lake considered impaired for excess nutrients, the removal of the rock rip rap with a concrete ramp with allow untreated stormwater to enter the lake contributing to the increased nutrient load.

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (X)  N/A (  )

Why or why not?  Did affect topography, drainage and veg cover.

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? This project location is not along a river or tributary; however, the project is likely within the floodway 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 concrete down to and past the Ordinary High-Water Level (OHWL), which replaced the rock rip rap is not acceptable. The proposed project to rectify the current situation would address the items identified in this question.

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

Why or why not? This question has no bearing on this request.

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

Why or why not? This question has no bearing on this request.

9.  Does the project proposal have a reasonable need to be in a shoreland location? YES (X)  NO (  )  N/A (  )

Why or why not?  For access to Lake of the Woods as the entire shoreline has been stabilized with rock rip rap.

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? This question has no bearing on this request.

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? This question has no bearing on this request.

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

Why or why not? This question has no bearing on this request.

12. 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 (X)  NO (  )  N/A (  )

Why or why not?  Applicant stated the walkway/access is for kayak’s and not boats.

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? This question has no bearing on this request.

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 question has no bearing on this request.

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? This question has no bearing on this request.

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? This question has no bearing on this request.

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 items considered by the County Board are as follows:

6. The nutrient impairment of Lake of the Woods.
7. Shoreland stabilization projects to prevent further erosion of shoreline which reduces or eliminates sedimentation and excess nutrients entering Lake of the Woods.
8. The applicant didn’t follow process/protocol and is an egregious violation of the Lake of the Woods County Zoning Ordinance. The applicant was aware of process/protocols in place as two previous permits were applied for and approved for the installation of septic system and addition onto the existing garage.
9. Applicant sought project assistance from the Land and Water Planning Office as noted in the file from a site visit to the property in June 10, 2020 but, went ahead without the required approvals.
10. Alternative solutions to gain access to the lake exist that would be more environmentally friendly while still allowing the rock rip rap to remain intact and still allowing access exist; however, applicant didn’t seek project assistance from the Land and Water Planning Office prior to undertaking the project.

The County Board requires the site to be restored to original conditions as existed prior to the project occurring. The rock rip rap must be restored to the previous engineered standards. The date for completion of the restoration activities is July 31, 2022.

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

November 9, 2021 _____________________________________

Date Joseph Grund

        Chair, County Board

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

PUBLIC WORKS

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously, by roll call, to authorize final payment of SAP 039-606-019 and SAP 039-631-007 for Knife River Materials, of Bemidji, MN in the total amount of $2,270,907.19 and hereby authorize final payment of $113,545.36.

Highway Update
County Engineer AJ Pirkl provided an update on the status of current projects.

Solid Waste Update
County Engineer AJ Pirkl provided an update on the landfill and fish entrails for the winter.

CON CON REQUESTS

Karla Robida with the Williams Youth Recreation Association, attended the county board meeting and submitted a request for a contribution towards a splash pad project in the City of Williams.   The County Board will review all requests at the next County Board meeting, November 26, 2021.

SET PUBLIC HEARING

County Attorney met with the board to set a Public Cartway Hearing date for November 24, 2021, however, this date will not work for the board. The attorney will get back to the board with other available dates. 

CLOSED SESSION-UNION NEGOTIATIONS

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the Closed Session – Union Negotiations pursuant MN Statute 13D.03).  Present were Commissioners:  Jon Waibel, Buck Nordlof, Cody Hasbargen and Joe Grund; Commissioner Ed Arnesen was present via phone.  Also present were Auditor/Treasurer Lorene Hanson, and Human Resources Director Savanna Slick.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the Closed Session – Union Negotiations and open the regular session.

Correspondence
The Board reviewed the following correspondence: Minnkota Power Cooperative – Transmission Line Maintenance

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 2:50 p.m.

Attest: November 30, 2021

_________________________________ _________________________________

Auditor-Treasurer, Lorene Hanson Chair of the Board, Joe Grund