September 12, 2023

The Lake of The Woods County Board of Commissioners met in regular session on September 12, 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: Ed Arnesen, Jon Waibel, Buck Nordlof and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent: Commissioner Cody Hasbargen.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of August 22, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $14,054.74; Commissioners Warrants $4,915.97; Commissioners Warrants $16,577.78.

Approval of Purchase-Plastic Chairs

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of 35 chairs at $68.00 per chair to be paid for out of the Social Services fund.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously with Commissioner Buck Nordlof abstaining to approve the claims against the County as follows: Revenue $82,787.73; Road & Bridge $121,386.99; County Development $1,675.00; Joint Ditch $91,670.54; Solid Waste $59,782.85.

WARRANTS FOR PUBLICATION

Warrants Approved On 9/12/2023 For Payment 9/15/2023

Vendor Name Amount

Andy’s Garage, Inc. 2,819.05

ByteSpeed, LLC 5,538.00

Cdw Government, Inc 2,590.13

Cenex Co-Op Services, Inc. 17,939.38

Contech Engineered Solutions LLC 70,779.40

Counties Providing Technology 4,204.00

Dentons Dirt Worx, LLC 90,365.54

Election Systems & Software, Inc 3,675.00

Erickson Engineering Company, LLC 3,885.00

Farmers Union Oil company 2,214.38

Gilson Co, Inc. 2,598.04

Howard’s Oil Company 16,532.87

Integris LLC 5,812.98

Joy Brandt Painting 4,250.00

Larkin Hoffman Attorneys 8,837.50

Liberty Tire Recycling, LLC 5,341.20

LOW Highway Dept 15,443.96

Mar-Kit Landfill 15,048.00

Moren/Law Offices Of Patrick D 4,401.80

National Business Furniture, LLC 2,069.60

North East Technical Service,Inc 17,461.20

North Leaf Auto Body 4,741.65

R & Q Trucking, Inc 6,110.00

Verus Corporation 3,300.00

Voice Products 2,639.10

WIDSETH SMITH NOLTING & ASSOC., INC. 2,850.00

59 Payments less than 2000 35,855.33

Final Total: 357,303.11

Further moved to authorize the payment of the following auditor warrants: August 23,2023 for $14,178.79; August 29,2023 for $7,751.86; September 6, 2023 for $55,098.47

Alternate Appointments

Appointment of Alternate Member for the North Country Community Health Board

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to appoint Commissioner Cody Hasbargen as an alternate member of the North Country Community Health Board.

Appointment of Alternate Member for the North Country Community Health Services Advisory Committee

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to appoint Commissioner Cody Hasbargen as an alternate member of the North Country Community Health Services Advisory Committee. 

Attorney Contract Approval

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Professional Services Contract between Lake of the Woods County and Michelle E. Moren, Attorney at Law as interim County Attorney.

Approval of Proposed 2024 Levy

Resolution

Resolution Adopting

Proposed 2024 Budget and Tax Levy

Resolution   2023-09-01

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

WHEREAS, the Proposed County Budget for the year 2024 has been reviewed by the Lake of the Woods County Board of Commissioners; and 

NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2024:

Revenue Fund $ 2,116,712

Road & Bridge Fund $500,000

Social Services Fund         $603,935

Economic Development Authority Fund   $60,000

2024 Proposed Budget and Tax Levy        $3,280,647

BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2024:

Twp Road & Bridge $476,470*

Twp Fire – Baudette $26,750

 Twp Fire – Williams $17,101

Twp Fire – NW Angle $6,500

Total $526,821

2024

* $476,470 for Township Road & Bridge, includes $5,000 Blue Blades and $12,765 Admin of Township Roads (458,705+5,000+12,765=476,470)  

A public meeting to discuss the 2024 Proposed Budget and Tax Levy will be held on Tuesday, December 12, 2023, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 

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

Public Works

Updates

County Engineer Anthony Pirkl gave an update of various projects that included: Reclaiming Birch Beach/Sandy Shores roads, Bridge Inspections, and Erosion project.

Approval of Agreement-MNDOT

Resolution

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

MNDOT AGREEMENT NO. 1054497

RESOLUTION NO. 23-09-02

WHEREAS, Lake of the Woods County and the State of Minnesota Department of Transportation enter into MNDOT Agreement No. 1054497 for the following purposes:

To provide payment by the County to the State of the County’s share of the costs of the grading, bituminous surfacing, ADA improvements, and lighting construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 72 from 475 feet north of Trunk Highway 11 to 729 feet north of Third Street NE under State Aid Project 039-626-005 and State Project No. 3905-10 (TH 72=325).

NOW THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board Chair and the Lake of the Woods County Engineer are authorized to execute the Agreement and any amendments to the Agreement.

Land & Water

Consideration of Conditional Use Permit Application #23-13CU by Dale Wang, et.al

A tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID# 19.17.23.050. Applicant is requesting a Conditional Use Permit as required by the Section of 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 to repair shoreline damage. Lake of the Woods is a General Development lake.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #23-13CU by Dale Wange,et.al to move more than ten (10) cubic yards of material within the shore impact zone of the Lake of the Woods to repair shoreline damage.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Dale Wang Date:  September 12, 2023

Location/Legal Description:  Tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.050.

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 to repair shoreline damage.

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 restoration.

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 (  ) 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 (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods shoreline.

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 (  )  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? Shoreline.

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 Shoreline.

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? ____________________________________________________________________

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: None

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

September 12, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Consideration of Conditional Use Permit Application #23-14CU by Katherine Houser

A tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.030. 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 to repair shoreline damage. Lake of the Woods is a General Development lake.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the follow Conditional Use Permit/Findings of Fact #23-14CU by Katherine Houser to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage. 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:  Katherine Houser Date:  September 12, 2023

Location/Legal Description:  Tract in Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.030.

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 to repair shoreline damage.

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 restoration.

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 (  ) 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 (X)  NO (  )  N/A (  )

Why or why not? Lake of the Woods shoreline.

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 (  )  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? Shoreline.

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 Shoreline.

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? ____________________________________________________________________

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: None

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

September 12, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Human Resources

Approval of New Job Description- Office Manager, Paralegal, Victim Witness Coordinator

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the updated job description for Office Manager, Paralegal, Victim Witness Coordinator Dena Pieper. 

Approval of Grade increase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve a grade increase for Office Manager, Paralegal, Victim Witness Coordinator Dena Pieper from Grade 11, Step 14, $28.39 at 261 points to Grade 13, Step 10, $29.52 per hour at 301 points.

Uniform Allowance

Human Resources Director Savanna Slick and Sheriff Gary Fish came to the board to ask for approval to increase the uniform allowance amount for Emergency Management Director Jill Olson from $400.00 for two part-time positions to $600.00. No action was taken by the board.

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 9:55 a.m.

Attest: September 12, 2023

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen