November 26, 2024

November 26, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, November 26, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with additions: Permission to Hire Heavy Equipment Officer.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the official minutes of November 12, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following claims: Commissioners Warrants $11,986.68; Commissioners Warrants $3,209.59; Commissioners Warrants $40,356.18.

Adult Mental Health Community Support Program Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the Adult Mental Health Community Support Program Grant between Minnesota State Department of Human Services, Behavioral Health Administration and Lake of the Woods County effective January 1, 2025.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the claims against the County as follows: Revenue $22,370.71; Road & Bridge $52,881.60; County Development $375.00; Natl Resc Enhanc $1,170.00; Solid Waste $82,136.70; EDA $1,649.16.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/26/2024 For Payment 11/27/2024

Vendor Name Amount

Baudette/City Of 6,000.00 

Co-Op Services, Inc.           10,231.24 

Compass Minerals America 6,009.26 

John Deere Financial 6,159.76 

KnowBe4, Inc 3,307.50 

Lavalla Sand & Gravel Inc 6,300.00 

Mar-Kit Landfill           13,285.00 

McDaniels/Tim           38,000.00 

North East Technical Service,Inc           18,574.45 

North Leaf Auto Body 8,732.35 

Northern Light Region 3,195.00 

Short Elliott Hendrickson, Inc 5,130.58 

U.S. Bank Equipment Finance 6,268.50 

44 Payments less than 2000 29,389.53

Final Total: 160,583.17

Further moved to authorize the payment of the following auditor warrants: November 13, 2024 for $55,838.46; November 21, 2024 for $44,695.40; November 21, 2024 for $407,817.46; November 21, 2024 for ($165.99)

Doctor Retention

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve, the Dr. Retention Agreement between Lake of the Woods County and Lakewood Health Center effective October 1, 2024, for three years, unless earlier terminated by written notice by the County, for employed Physicians in the amount of $10,000 per year and $5,000 per year per employed advanced practice clinician, not to exceed $45,000 per year; and to authorize County Board Chair, Cody Hasbargen, County Auditor/Treasurer, Lorene Hanson and County Attorney, Michelle Moren to sign the same.

AirMed Contract Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the contract agreement between AirMedCare Network and Lake of the Woods County.

Set Special Meeting

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to set a special meeting with Representative Elect Duran, and Senator Green for December 9, 2024 at 4:00p.m.

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to set a work session to discuss Lake of the Woods County legislative actions for 2025 for December 9, 2024 at 3:00p.m.

Emergency Management

FY2022 Operation Stonegarden Grant

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the FY2022 Operation Stonegarden Grant in the amount of $153,694.00 and for Chair Cody Hasbargen to sign the same.

LEAST Contract

Emergency Management Director Jill Hasbargen-Olson discussed the LEAST Counselling Services contract. No action was taken at this time.

Human Resources

Environmental Specialist I to II 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve moving Eric Best from Environmental Specialist I to Environmental Specialist II Grade 11, Step 2, $23.37 per hour at 253 points effective next full pay period.

Permission to Hire Heavy Equipment Operator

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the hiring of Heavy Equipment Operator Ed Humeniuk at Grade 12, Step 6, $26.69 per hour at 274 points effective November 18, 2024.

Public Works

Semi-truck Purchase Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the purchase of a semi-truck for $38,000.00 and the additional wet kit between $6,000.00-$7,000.00 that was approved in a previous meeting up to $50,000.00.

Warroad Watershed District Discussion

County Engineer Anthony Pirkl discussed possible amendments the Warroad Watershed District has proposed. It was the consensus of the board to have Mr. Pirkl draft a letter in response to this proposal to be presented at the next regular board meeting.

Approval of the Northerly Park Master Plan

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the Northerly Park Master Plan as presented by County Engineer Anthony Pirkl.

Jake’s Sawmill-Letter of Support

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve signing a letter of support for Jake’s Sawmill to apply for a grant for a biochar production facility. 

County Attorney 

LEAST Contract

County Attorney Michelle Moren discussed her recommendations for the LEAST Services contract.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the LEAST Services contract contingent upon the addition of indemnification and the insurance cap as presented per County Attorney recommendation.

Large Event Ordinance Resolution

Resolution

The following Resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the following:

Resolution No. 24-11-04

RESOLUTION OF LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS ADOPTING  THE LARGE EVENT ORDINANCE

WHEREAS, the assembly within unincorporated areas of Lake of the Woods County of  a large number of people for extended periods of time creates special problems in maintaining order, the enforcement of law, and the protection of public health, safety and welfare; and

WHEREAS, these problems place extraordinary burdens upon the emergency management, fire, law enforcement, transportation, and utility services provided in the ordinary and usual course of events; and

WHEREAS, it is necessary that provisions made for the regulation, control and planning of such assemblies; and

WHEREAS, public hearing was held on June 27th, 2023 to consider adoption of a Large Event Ordinance; and

WHEREAS, following said public hearing, the Lake of the Woods County Board of Commissioners, approved by motion the  adoption of a Large Event Ordinance; and 

WHEREAS, the Lake of the Woods County Board of Commissioners desire to confirm the adoption of said  Large Event Ordinance by Resolution.

NOW, THEREFORE, BE IT RESOLVED that the County Board of Lake of the Woods County hereby ordains:

There is hereby created Lake of the Woods County Ordinance No. 23-06-02, which shall be included as follows:

LAKE OF THE WOODS COUNTY: LARGE EVENT ORDINANCE

  1. No person, firms or corporation shall conduct, maintain, operate, promote, organize, manage, or advertise, nor sell or give tickets of admission to, a show, exhibition, event or assembly of any nature for which it is planned or may reasonable be expected that 500 or more persons attending the assembly may remain, or may be permitted to remain, upon the site, lot, field, lake, or tract of land (hereinafter called premises) upon which the exhibition, show, or assembly is conducted excluding events permitted by the Sheriff pursuant to Minnesota Statute 86B.121, unless specifically excepted by this Ordinance.
  1. The applicant for permit shall make application in writing, verified under oath by the applicant or, if a corporation is applicant, by its president and secretary, filed with the County Auditor not less than sixty (60) days prior to the proposed beginning date of the assembly, and at least ninety (90) in advance if the assembly will involve one thousand (1000) or more participants, and shall set forth:
  1. The full name, age, residence, and mailing address of the applicant, or names and addresses of the partners if applicant is a partnership, or the names and addresses of the officers and all persons owning more than ten percent (10%) of the stock of the corporation if the applicant is a corporation.
  2. A legal description of the premises upon which it is proposed to conduct the assembly, with the names and addresses of all persons owning an interest in the premises, stating the nature of the interest.
  3. The nature and purpose of the assembly, the proposed beginning date and the period during which the assembly will be conducted, and a detailed statement of the manner in which it will be conducted.
  4. The maximum number of persons which the applicant will permit to assemble on the premises at any time during the assembly, which number shall be stated as a condition of any permit which may be issued.
  5. The plans of the applicant to limit and control admission to the premises to the maximum number of persons stated in the permit and for controlling and parking vehicles of persons assembling on the premises.
  6. Description of existing facilities, and plans for proposed construction and alteration of, sewage, garbage and waste disposal systems, toilets, urinals, sinks, wash basins, drains; the source of water supply and plans for water distribution on the premises and methods of fire protection to be used during such assembly.
  7. The proposed method of lighting the structures and premises during the assembly.
  8. The number,  location, and power  of amplifiers  and speakers,  and the plans for sound control during the assembly, if applicable. No event shall utilize amplified sound between the hours of 1:00 AM and 8:00 AM. No event shall utilize fireworks between the hours of 12:01 AM and 8:00 AM.

i.) Plans for maintenance of security and order on the premises, including the proposed number,   deployment, and hours of availability of security guards upon the premises prior to, during, and immediately after the close of the assembly.

j) Plans for the preparation and distribution of food and refreshments upon the premises.

k.)Plans for providing a map of the premises showing evacuation routes reasonably available to    persons assembling and the law enforcement agents and county officers and employees.

l.) Plans for medical services, including buildings therefore, the names and hours of availability of  physicians and nurses, and provisions for ambulance and other emergency services.

  1. The application shall be accompanied by permit fee in the amount of $500.00, together with a Certificate of Liability Insurance naming Lake of the Woods County as an additional insured for the term of the event in the amount of $500,000 each occurrence and $1,500,000 aggregate for both bodily injury and property damage liability to cover any claims that may result from the assembly and be approved by the County of Lake of the Woods conditioned that the permittee:

a.) carries out all of the plans and keeps and performs all of the conditions of the application and permit 

b.) maintain order on the premises,

c.)leave the premises in neat and respectable condition,

d.)pay, when due, to the person or persons entitled thereto, all debts and obligations incurred in promoting, advertising, and conducting and operating the assembly, and

e.)indemnify and hold harmless the County of Lake of the Woods, its officers, agents,  and employees, from any liability or causes of action arising in any way from the conduct of the assembly, evidenced by a certificate of insurance in the minimum amounts of municipal tort limits and a named additional insured.

f.) the bond shall provide that any person damaged by the breach of any condition of the bond may maintain an action within ninety (90) days after the event concludes in his own name to recover his damage, after first giving written notice to the County of Lake of the Woods, or the County of Lake of the Woods may maintain an action in its own name for the benefit of the persons damaged. In the event that approval of the application shall be denied by the County Board of Commissioners, the fee shall be returned.

g.)if no action has been filed, the bond shall be released ninety (90) days after the event concludes.

  1. Within ten days of filing of application, the county shall consider the application:
  1. If the application is denied the County shall inform the applicant in writing of the reasons for denying the applications; if the objection can be corrected, the applicant may amend the application and resubmit it for approval.
  2. If the application is approved, the applicant shall be given an approval report which shall permit the applicant to proceed according to the plans stated in the application, provided, however, that such approval shall not relieve the applicant from compliance with all applicable statutes, ordinances, and regulations.
  3. Plans and statements submitted in an approved application shall be deemed a condition of the approval report and of any permit issued pursuant thereto, whether or not stated in the report or permit.
  1. Not less than ten days prior to the start of the assembly the applicant shall file with the County Sheriff.
  1. The names and addresses and credentials of all security guards to be employed during the assembly.
  2. The names and addresses of all food and service concessionaires who would be permitted to operate on the premises, with the permit or permit number of each.
  3. A report showing completion of all construction and installation necessary to comply with the application for permit, or in the event that such remain incomplete, evidence satisfactory to the County that completion will be had prior to the scheduled commencement of the assembly. Upon receipt of such report and after making such investigation and inspection of the premises as it may deem proper, and finding that all plans and requirement stated in the application have been or will be complied with, the County shall issue a permit. The permit shall at all times permit law enforcement officers and agents and officers of the County to enter upon the premises upon which the assembly is to be, or is being, conducted.
  1. No permittee shall sell tickets to, nor permit to assemble, more than the number of persons stated in the permit.
  1. The permit may be revoked at any time if any of the conditions of the approval report or permit are not performed or complied with, or cease to be performed or complied with. The county shall forthwith upon revocation serve upon the permittee has failed to comply; upon satisfactory proof of compliance, the County Board, may, in its discretion, reinstate said permit.
  1. If the permit shall be denied or revoked, the applicant and all persons under the applicant’s direction and control shall forthwith cease and desist from all acts for the promotion, advertisement, organization, and operation of the assembly, and shall do all things necessary to advise persons who may intend to assemble of the refusal or revocation of permit, and shall do all things necessary to disperse persons who may have assembled upon the premises
  1. In considering applications for permit, the county board shall consider the character of the applicant, the nature of the assembly, the place thereof, the length of time during which it is to be conducted, and the adequacy of facilities for the protection of the public peace, health, safety, and welfare to be provided on the premises and in the area of the assembly, and plans to secure compliance with the conditions of the permit.
  1. This ordinance shall not require a permit for assembly at an established and permanent stadium, auditorium, arena or place of worship where the reasonably anticipated assembly does not exceed the maximum seating capacity of the structure by more than 250 persons. The County Board of Commissioners may waive any of the requirements of subdivision 3 of this ordinance for applications from a City proposing to conduct a community festival.
  1. Any person, firm, corporation or association violating or failing to comply with the provisions of this ordinance shall be guilty of a misdemeanor. The County Attorney may institute in the name of the county any appropriate actions or proceedings for the enforcement of this ordinance and the conditions of permits issued pursuant to it. The promotion, conduct, operation or maintenance of an assembly in violation of this ordinance or any permit issued pursuant to it is hereby declared a public nuisance.
  1. If any section or part of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions.
  1. This ordinance shall become effective upon its adoption and publication according to law.

THIS ORDINANCE IS HEREBY ADOPTED BY THE BOARD OF COMMISIONERS OF THE LAKE OF THE WOODS COUNTY THIS 26th  DAY OF NOVEMBER, 2024.

Lodging Tax Resolution

Resolution

The following Resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following:

Resolution No. 24-11-05

RESOLUTION OF THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS ADOPTING  AN ORDINANCE AMENDING ORDINANCE NO. 20-10-04 ADOPTED ON THE 13TH DAY OF 2020, AND TITLED “AN ORDINANCE IMPOSING A TAX ON LODGING AND REPEALING IN ITS ENTIRETY ORDINANCE NO. 06-03-03”

WHEREAS, The Minnesota Senate approved Finance HF Bill 1938 (“Special Law”) authorizing a special Lake of the Woods County lodging tax. On May 24rd, 2023, Governor Walz approved the Special Law and it was filed with the Minnesota Secretary of State on May 24, 2023. The Lake of the Woods County Board of Commissioners by Resolution dated October 24, 2023 approved and accepted said Special Law; and

WHEREAS, Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of law, ordinance, or city charter, and subject to the limitation in paragraph (b),  the Special Law authorizes the Board of Commissioners of Lake of the Woods County to impose, by ordinance, a tax of up to 3% on gross receipts in Lake of the Woods County subject to the lodging tax provisions under Minnesota Statutes Section 469.190; and

WHEREAS, public hearing was held on October 22, 2024 to consider an amendment to the existing Lake of Woods County Lodging Tax; and

WHEREAS, following said public hearing, the Lake of the Woods County Board of Commissioners, approved by motion the amendment to the Lodging Tax Ordinance; and 

WHEREAS, the Lake of the Woods County Board of Commissioners desire to confirm the adoption of said Amended Lodging Tax Ordinance by Resolution.

NOW, THEREFORE, BE IT RESOLVED that the County Board of Lake of the Woods County hereby ordains:

There is hereby created Lake of the Woods County Ordinance No. 24-10-09, which shall be included as follows:

AN ORDINANCE AMENDING ORDINANCE NO. 20-10-04 ADOPTED ON THE 13TH  DAY OF 2020, AND TITLED “AN ORDINANCE IMPOSING A TAX ON LODGING AND REPEALING IN ITS ENTIRETY ORDINANCE NO. 06-03-03” 

This amended ordinance becomes effective from and after its passage and publication. The Board of Commissioners of the County of Lake of the Woods, ordains: 

That the following sections are hereby amended:

Section 1 Authority and Purpose

Subd 1.  Authority. 

  1. The Minnesota Senate approved Finance HF Bill 1938 (“Special Law”) authorizing a special Lake of the Woods County lodging tax. On May 24rd, 2023, Governor Walz approved the Special Law and it was filed with the Minnesota Secretary of State on May 24, 2023. The Lake of the Woods County Board of Commissioners by Resolution dated October 24, 2023 approved and accepted said Special Law. Notwithstanding Minnesota Statutes, section 477A.016, or any other provision of law, ordinance, or city charter, and subject to the limitation in paragraph (b),  the Special Law authorizes the Board of Commissioners of Lake of the Woods County to impose, by ordinance, a tax of up to 3% on gross receipts in Lake of the Woods County subject to the lodging tax provisions under Minnesota Statutes Section 469.190.
  1. The provisions of paragraph (a) do not apply to any statutory or home rule city or town located in Lake of the Woods County that imposes a lodging tax under Minnesota Statutes Section 469.109, or the City of Baudette. The total tax imposed under Minnesota Statutes Section 469.190 and this section must not exceed 3%.
  1.  To the extent not inconsistent with Minnesota Statutes Section 469.190, this section is governed by Minnesota Statutes Section 469.190.

Section 2 Definitions

Subd. 4. State sales and use tax laws and rules.  “State sales and use tax laws and rules” means those provisions of the state revenue laws applicable to state sales and use tax imposition, administration, collection, and enforcement, including Minnesota Statutes, chapters 270C, 289A, 297A, 469A, and Minnesota Rules, chapter 8130, as amended from time to time and Special Law (“HF 1938).

Section. 3.  Local lodging tax imposed; amount of tax; coordination with state sales and use tax laws and rules.  A local lodging tax is imposed in the amount of  up to three percent (3%) on the gross receipts from sales of lodging and related services, as defined in section 2, subdivision 3 of this Ordinance, sourced within County limits, excluding any statutory or home rule city or town located in Lake of the Woods County that imposes a lodging tax under Minnesota Statutes section 469.190, or the City of Baudette,  which are taxable under the state sales and use tax laws and rules.  All of the provisions of the state sales and use tax laws and rules apply to the local lodging tax imposed by this Ordinance.  The local lodging tax imposed by this Ordinance shall be collected and remitted to the Commissioner by the accommodations intermediary and the accommodations provider on any sale when the state sales tax must be collected and remitted to the Commissioner under the state sales and use tax laws and rules and in the same manner, and is in addition to the state sales and use tax.  

Section 5. Use of proceeds.  

Subd. 1. All of the revenues, interest, and penalties derived from the lodging tax imposed by this Ordinance collected by the Commissioner and remitted to the County shall be deposited by the County Auditor in the County treasury and must be used to fund a new Lake of the Woods County Event and Visitors Bureau, as established by the Board of Commissioners of Lake of the Woods County. The Board of Commissioners must annually review the budget of the Event and Visitors Bureau. The Event and Visitors Bureau may receive revenues raised from the taxes imposed under the section only upon annual approval by the Board of Commissioners of the Event and Visitors Bureau.      

Subd. 2. In accordance with Minnesota Statutes section 469.190, subdivision 3, After the amount charged by the State for collection of the tax, ninety-five percent (95%) of the gross proceeds, derived from the lodging tax imposed by this Ordinance collected by the Commissioner and remitted to the County shall be deposited by the County Auditor in the County treasury and shall be credited to the fund established to pay the costs of collecting the lodging tax imposed by this Ordinance and to fund   the Event and Visitors Bureau as set forth in Subd. 1 of this section.

Section 8. Amendment.  All portions of  Ordinance No. 20-10-04 of the County of Lake of the Woods duly enacted on October 13, 2024 inconsistent with this Ordinance are hereby repealed.  

Section 9. Full Force and Effect:  All other provisions of Ordinance No. 20-10-04 not amended shall remain in full force and effect.

Section  10. Effective Date. This Ordinance shall take effect on the first day of publication after adoption and the tax imposed hereunder shall be effective as of the date of the enactment of the Special Law.

Con-Con Fund Application Review

Motion

Motion was made by Commissioner Joe Grund, Seconded by Commissioner Jon Waibel and carried unanimously to make allocations to the following organizations from the Con-Con funds, Payable 2025:

Lake of the Woods County Development Year 2025

Baudette Arena Assoc-$7,500.00; Williams Arena Assoc-$7,000.00; Baudette Community Foundation-Grand Theater-$10,000.00; Friends Against Abuse-$2,500.00; LOW Historical Society-$4,500.00; LOW Humane Society-$7,500.00; Williams Sr Center-$4,000.00; Williams Potato Day-$1,000.00; Joint Powers Natural Resources Board-$1,000.00; LOW School Trap Team-$3,000.00; LOW Sr Fishing-$1,500.00; Take A Kid Fishing-$2,000.00; Remonumentation-$16,000.00; Auditing Fees-$1,000.00; Rinke Noonan/Drainage-$2,400.00; Scouting America Troop 62-$1,000.00; Scouting America Pack 4062-$1,000.00; Lake of the Woods Senior Citizens Council-$5,000.00.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to adjourn the meeting at 10:40 a.m.

Attest: December 17, 2024

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

November 12, 2024

November 12, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, November 12, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

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 Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of October 22, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $16,470.74; Commissioners Warrants $5,209.89; Commissioners Warrants $20,796.70.

PRTF Resolution

Resolution

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner  Jon Waibel and the same being put to a vote was unanimously carried. 

Resolution in support of a psychiatric residential 

treatment facility in clay county

Resolution No. 2024-11-01

WHEREAS, there is inadequate capacity across Minnesota’s continuum of care to support children with high-acuity, complex, and/or co-occurring conditions, including violent or sexually inappropriate behavior and significant physical health challenges; and

WHEREAS, Psychiatric Residential Treatment Facilities (PRTF) play a critical role in serving children and youth under the age of 21 with severe mental health needs and aggression, as part of this continuum; and

WHEREAS, currently only four PRTF facilities are operational in Minnesota, offering a total of 166 beds, which is insufficient to meet the growing needs of children with serious and complex mental health conditions; and

WHEREAS, the demand for additional PRTF beds across Minnesota is urgent to ensure children receive timely and appropriate care; and

WHEREAS, equitable distribution of PRTF beds throughout the state is essential to provide children with proximity to their home communities, families, and local service providers; and

WHEREAS, Clay County is committed to addressing this critical gap in mental health services by establishing a PRTF in partnership with a qualified service provider for the delivery of these essential services; and

WHEREAS, Clay County seeks bond proceeds funds from the commissioner of human services for a grant to Clay County to predesign, design, and remodel of the West Central Regional Juvenile Center non-secure unit into an 18-bed psychiatric residential treatment facility and address the predesign, design, construct, furnish, and equip of a non-secure unit within Clay County to replace the existing facility that will become a psychiatric residential treatment facility.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners via this Resolution, supports Clay County to request Minnesota state funds for infrastructure development for a Psychiatric Residential Treatment Facility in Clay County, ensuring access to specialized care for children with complex mental health needs across the region.

Cell Phone Stipend Approval

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve a cell phone stipend for Office Support Specialist Val Canfield in the amount of $60.00 per month effective December 1, 2024.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $81,434.51; Road & Bridge $18,166.40; County Development $200.00; Natl Resc Enhanc $2,352.00; Joint Ditch $600.00; Solid Waste $16,033.29.

WARRANTS FOR PUBLICATION

Warrants Approved On 11/12/2024 For Payment 11/15/2024

Vendor Name Amount

Co-Op Services, Inc. 3,592.84 

Farmers Union Oil Co. 2,665.65 

Hoffman, Philipp & Martell, PLLC 2,825.00 

Howard’s Oil Company 4,673.23

Larkin Hoffman Attorneys           16,390.00 

Law Offices Of Patrick D. Moren 9,146.13 

Marco Technologies LLC 4,933.44 

Olson Construction Bdt LLC 21,720.00 

Pomp’s Tire-Thief River Falls 4,638.14 

Quadient Finance USA Inc. 2,000.00 

R & Q Trucking, Inc 6,264.00 

WIDSETH & ASSOC., INC. 4,537.50 

83 Payments less than 2000 35,400.27

Final Total: 118,786.20

Further moved to authorize the payment of the following auditor warrants: October 23, 2024 for $360,380.64; October 30, 2024 for $13,441.20; November 1, 2024 for $361,439.08; November 6, 2024 for $13,647.88.

Approval of Insurance Rates

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve a $75.00 health insurance single and family cap increase for 2025.

Cigarette License Application Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the cigarette license application for Northdale Oil, Inc.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session to review revenue and expenditure guidelines for December 17, 2024 following the regular board meeting.

Rinke Noonan Hourly Rates

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2025 hourly rates for Rinke Noonan.

Human Resources

HEO Counteroffer

Human Resources Director Savanna Slick informed the board that they had offered the Heavy Equipment Operator position to an applicant and received a counteroffer of Grade 12, Step 9. 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to counteroffer with Grade 12, Step 6, at 26.69 per hour.

Permission to Hire-Heavy Equipment Operator NWA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to hire Richard McKeever as Heavy Equipment Operator at the Northwest Angle at Grade 12, Step 1, 274 points at $24.12 per hour effective November 18, 2024.

County Attorney

Letter of Acceptance

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a formal letter of acceptance for the City of Baudette’s withdrawal from the Tourism Bureau and for Chair Cody Hasbargen to sign the same.

Department of Corrections 

CY25 Proposed Probation Budget

District Supervisor Janelle Cheney reviewed the CY25 Proposed Budget and the Department of Corrections Comprehensive plan.

Motion

Motion was made by Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the CY25 Proposed Probation Budget.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the Department of Corrections Comprehensive Plan effective July 2024.

Public Works

Updates

Assistant Engineer Boyd Johnson gave an update on various projects.

Solid Waste Assessment Fee Increase 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof to approve the increase of solid waste fees from $130.00 to $150.00 per unit for taxes payable 2025 with the exception of railroads and utilities which will remain at $130.00.

Permission to Bid-Landfill Cap

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to bid for the landfill cap.

Capping Williams School Well

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the request to cap the well at the Williams school.

Recognition of Years of Service

Resolution

The following resolution was offered by Chairman Cody Hasbargen and moved for adoption:

Recognition of years of service

Michael Graves

Resolution No. 2024-11-03

WHEREAS: Michael Graves has served Lake of the Woods County as the Northwest Angle Heavy Equipment Operator since October 30, 2017;

WHEREAS: Michael will retire from Lake of the Woods County effective November 15, 2024 with seven years of service;

NOW THEREFORE, BE IT RESOLVED:  That Lake of the Woods Board of County Commissioners extends its deepest appreciation to Michael for his dedicated service and wishes him well on his retirement.

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

Closed Session

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-11-02

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on November 12th , 2024 at 9:55 a.m. to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

  1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.
  1. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.  

Motion

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

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the union contract with the Local 49ers for the years 2025,2026, and 2027 for the Highway and Solid Waste departments.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the licensed union contract with Law Enforcement Labor Services Inc for the years 2025,2026, and 2027.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the non-licensed union contract with Law Enforcement Labor Services Inc for the years 2025 and 2026.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to follow the Local 49ers salary compensation plan for non-union employees for the years 2025, 2026, and 2027.

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 10:50 a.m.

Attest: November 26, 2024

________________________________             _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

October 22, 2024

COMMISSIONER PROCEEDINGS

October 22, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 22, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chair Cody Hasbargen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Jon Waibel, Ed Arnesen, Buck Nordlof and Joe Grund. 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: County Surveyor Contract, and Closed Session.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of October 8, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $2,434.11; Commissioners Warrants $1,988.02; Commissioners Warrants $33,345.09.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $113,400.52; Road & Bridge $57,769.43; Joint Ditch $2,282.50; Solid Waste $15,496.20; EDA $1,339.41.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/22/2024 For Payment 10/25/2024

Vendor Name Amount

Co-Op Services, Inc. 10,114.02 

Counties Providing Technology   4,327.00 

Dentons Dirt Worx, LLC 19,586.79 

Election Systems & Software, Inc   4,167.03 

HDR Engineering Inc   2,282.50 

Houston Engineering Inc 14,224.00 

Integris LLC   4,111.28 

John Deere Financial   3,374.38 

Johnson Auto & Machine   2,085.60 

Liberty Tire Recycling, LLC     6,193.67 

M & J Construction Of Holt, Inc. 14,374.50 

North Country Chevrolet 50,896.28 

Pennington County Sheriff Office   2,497.07 

SeaChange Print Innovations   2,180.20 

Titan Machinery – Roseau   3,536.58 

U.S. Bank Equipment Finance   6,268.50 

University Of Mn 15,121.50 

45 Payments less than 2000 24,947.16

Final Total: 190,288.06

Further moved to authorize the payment of the following auditor warrants: October 10, 2024 for $61,844.98; October 16, 2024 for $290,332.84.

Extension Committee Term Increase

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to increase the extension committee terms from two 3-year terms to unlimited terms.

Correspondence

The board reviewed Correspondence from AMC.

Human Resources

Permission to Advertise, Interview Full-Time Deputy Sheriff

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to advertise, interview, and hire a full-time deputy sheriff at Grade 15, 323 points.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various projects.

County Surveyor Contract Discussion

RFP County Surveyor

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve to go out for RFP for a County Surveyor for the year 2025.

RFP Committee

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to appoint Commissioners Joe Grund and Jon Waibel, County Engineer Anthony Pirkl, County Recorder Sue Ney, and Land & Water Director Josh Stromlund to the RFP Committee.

Guardian Flight

Manager of Strategic Partnerships Wes McAden gave an update to the board and answered questions regarding guardian flight services and costs.

Cleveland-Cliffs Natural Resources

Representatives from Cleveland Cliffs Natural Resources came to the board seeking approval of the settlement agreement on Williams Creek to present to the DNR. No action was taken at this time.

Public Hearing

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the public hearing.

Amendment to Lodging Tax Ordinance

County Attorney Michelle Moren explained that the ordinance had been amended to reflect recent law changes. No questions or comments were presented.

Motion

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

Approval of Amendment to Lodging Tax Ordinance

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the amended lodging tax ordinance.

Recess

A brief recess took place at 10:05 a.m. and reconvened at 10:10 a.m.

Northwest Community Action-Grant Application Update

John Wynne and Diane Hayes came to the board to give an update on the application process for a small housing rehabilitation grant.

Cannabis Business Ordinance

County Attorney Michelle Moren, Land & Water Director Josh Stromlund and the Commissioners reviewed the Cannabis Business Ordinance. The Ordinance Committee will meet and review the draft to present to the board at a later date. No action was taken at this time.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-10-4

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, parties to the Agreement, 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 the agreement; 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
  1. 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

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the settlement agreement as presented and for chair Cody Hasbargen to sign the same with a recommendation for the SWCD to approve as well. It was also noted that Commissioner Ed Arnesen and Land & Water Director Josh Stromlund will meet and work with Cliffs and the DNR on this project. 

Closed Session

Resolution

The following Resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following:

Resolution Closing Board Meeting

Resolution No. 2024-10-5

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 was served on March 20, 2024 with a United States District Court Summons and Complaint dated March 14, 2024, signed by Gregory M. Erickson, attorney for  Plaintiffs Jennifer Audette and Robert Audette, alleging that Lake of the Woods County Board of Commissioners violated, inter alia, the Americans with Disabilities Act (ADA) and, requesting, inter alia, that the court require the County to remedy the alleged ADA violation and award damages; and   

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the 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 pending lawsuit 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 status of the litigation and strategies 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
  1. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategies and potential settlement position regarding the pending United States District Court action. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 22nd day of October, 2024. 

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-10-6

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 received correspondence from Canadian National Railway Company dated October 18, 2024 threatening litigation regarding solid waste tax assessments; and   

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the threatened litigation; 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 threatened litigation 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 threatened litigation 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
  1. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the allegations and responses to the threatened litigation by Canadian National Railway Company. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 22nd day of October, 2024. 

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting.

Closed Session

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-10-7

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 22nd , 2024 at 12:00 PM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

  1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.
  1. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.  

Motion

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

Closed Session

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-10-8

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

 “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 22nd , 2024 at 12:30 PM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

  1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.
  2. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.  

    Motion

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

    Adjourn

    Motion

    Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 1:10 p.m. 

    Attest: November 12, 2024

    ________________________________             _________________________________

    Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

    October 8, 2024

      COMMISSIONER PROCEEDINGS

    October 8, 2024

    The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, October 8, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

    CALL TO ORDER

    Chair Cody Hasbargen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Jon Waibel, Ed Arnesen, Buck Nordlof and Joe Grund. 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: Abatement Approval, Assessor Re-appointment, Certified Wetland Determination, Gambling Permit, and Closed Session.

    APPROVAL OF MINUTES

    Motion

    Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 24, 2024 with changes.

    SOCIAL SERVICES

    Claims

    Motion

    Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $10,313.07; Commissioners Warrants $3,259.50; Commissioners Warrants $43,340.49.

    Residential Treatment Screening Contract

    Motion

    Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Residential Treatment Screening contract between Lake of the Woods County and Beyond Breaking Barriers, LLC. and for Chair Cody Hasbargen and Social Services Director Amy Ballard to sign the same.

    Children’s Mental Health Contract

    Motion

    Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Children’s Mental Health contract between the State of Minnesota Human Services, Behavioral Health Administration and Lake of the Woods County.

    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 $55,526.49; Road & Bridge $905,677.57; County Development $200.00; Natl Resc Enhanc $881.00; Joint Ditch $2,830.00; Solid Waste $28,773.66.

    WARRANTS FOR PUBLICATION

    Warrants Approved On 10/08/2024 For Payment 10/11/2024

    Vendor Name Amount

    Howard’s Oil Company 4,779.56

    Integris LLC 6,835.06 

    KC TECH LLC 2,925.00 

    Lake Superior College 4,075.00 

    Lavalla Sand & Gravel Inc           856,500.00 

    Law Offices Of Patrick D. Moren 9,065.73 

    LOW Highway Dept 5,291.65 

    Mar-Kit Landfill                         14,043.50

     Pomp’s Tire-Thief River Falls 6,415.28 

    Powerplan 9,336.65 

    Quadient Finance USA Inc. 2,000.00 

    R & Q Trucking, Inc 5,568.00 

    SeaChange Print Innovations 7,174.27 

    Sir Lines-A-Lot, LLC             18,480.72 

    Summit Fire Protection 2,175.00 

    Wikstrom Telephone Co.,Inc 6,570.90 

    47 Payments less than 2000 32,652.40

    Final Total: 993,888.72

    Further moved to authorize the payment of the following auditor warrants: September 25, 2024 for $11,226.49; October 2, 2024 for $61,296.60; October 3, 2025 for $258,597.41.

    Revenue & Expense Guidelines

    County Auditor-Treasurer Lorene Hanson gave the board a copy of the January-September 2024 Revenue and Expense guidelines for their review.

    Gambling Permit-Youth Hockey

    Motion

    Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the gambling permit application from Lake of the Woods Youth Hockey.

    Assessors

    Local Option Disaster Abatement and Credit

    Motion

    Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the application for local option disaster abatement of payable 2024 taxes and a credit for payable 2025 taxes for parcel number 31.07.11.010.

    Re-appointment of County Assessor

    Resolution

    The following Resolution was offered by Commissioner Ed Arnesen and moved for adoption: 

    A RESOLUTION APPOINTMENT OF COUNTY ASSESSOR

    Resolution No. 2024-10-01

    WHEREAS, the County Assessor position is appointed and/or reappointed every four (4) years pursuant MN Statute 273.061, Subd 2; 

    BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners does hereby approve the appointment of Alisa Jacobsen for the term of January 01, 2025 through December 31, 2028; 

    BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners recommends that the Commissioner of the Minnesota Department of Revenue (DOR) confirm this reappointment. 

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

    Human Resources

    Permission to Hire Office Support Specialist

    Motion

    Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to hire Office Support Specialist Val Canfield at Grade 9, Step 1, $20.64 per hour at 222 points effective October 21, 2024.

    Flu Shot Approval

    Motion

    Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve public health to administer flu shots in the Government Center Courtroom on October 8, 2024 from 12:30p.m.-2:30p.m. 

    Emergency Management

    LEAST Services Contract

    Motion

    Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the LEAST services contract between Lake of the Woods County and LEAST Services/Counseling LLC for the year 2025 and to be paid for out of the social services fund.

    Land & Water

    Consideration of Interim Use Permit #24-05-IU by Brian Erickson

    Lot five (5) Boyd Addition, Sections One (1) and Six (6), Township One hundred Sixty-one (161) North, Range Thirty-two (32) and Thirty-one (31) West, respectively- Parcel ID#23.54.00.000. Applicant is requesting an Interim Use Permit as required by Section 1106 of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1). The Rainy River is an Agricultural River Segment.

    Motion

    Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-05IU by Brian Erickson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

    1. The interim use permit terminate five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
    2. The maximum occupancy is limited to four (4) individuals.
    3. The established quiet hours are from 10:00 p.m. to 8:00 a.m.
    4. A valid Certificate of Compliance for the septic system is required.
    5. No on-street parking is allowed.
    6. If applicable, the applicant must meet the Minnesota Department of Health requirements.
    7. Local contact person and emergency numbers must be posted in the dwelling.

    Lake of the Woods County Board of Commissioners

    Short-Term Vacation Rental Findings of Fact and Decision

    Name of Applicant:  Brian Erickson Date:  October 8, 2024

    Location/Legal Description:  Lot Five (5), Boyd Addition Parcel Number:  23.54.00.050

    Project Proposal:  Applicant is requesting an Interim Use Permit, as required by Sections 1106 of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential (R1) 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?  Resort area and property is located in the growth corridor.

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

    YES (X)  NO (  )  N/A (  )

    Explain?  Applicant has met the criteria based upon the submitted application. 

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

    Explain?  Residential.

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

    Explain?  Public road, Stanton Drive.

    1. Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X)  NO (  )  N/A (  )

    Explain?  No change.

    1. Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?

    YES (X)  NO (  )  N/A (  )

    Explain?  As per submitted application.

    1. Does the water test meet the Minnesota Department of Health drinking water standards? YES (X)  NO (  )  N/A (  )

    Explain?  The water test results are part of the submitted application.

    1. Has the applicant identified the maximum number of occupants? YES (X)  NO (  )  N/A (  )

    Explain?  The maximum number of occupants is limited to four (4) individuals.

    1. Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X)  NO (  )  N/A (  )

    Explain?  The septic system has a valid Certificate of Compliance and is sized for a 2-bedroom dwelling.

    1. Has the applicant established quiet hours? YES (X)  NO (  )  N/A (  )

    Explain?  The established quiet hours are from 10:00 p.m. to 8:00 a.m.

    1. Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X)  NO (  )  N/A (  )

    Explain?  See submitted application.

    1. Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X)  NO (  )  N/A (  )

    Explain?  See submitted application.

    1. Has the applicant identified a local person and their contact information? YES (X)  NO (  )  N/A (  )

    Explain?  See submitted application.

    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 (X)  NO (  )  N/A (  )

    Explain?  No signage has been requested.

    1. Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

    YES (  )  NO (  )  N/A (X)

    Explain?  No need for fencing and/or screening.

    The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

    The specific reasons for denial or conditions of approval are as follows:

    1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
    2. The maximum occupancy is limited to four (4) individuals.
    3. The established quiet hours are from 10:00 pm to 8:00 am.
    4. A valid Certificate of Compliance for the septic system is required.
    5. No on-street parking is allowed.
    6. If applicable, the applicant must meet the Minnesota Department of Health requirements.
    7. Local contact person and emergency numbers must be posted in the dwelling.

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

    October 8, 2024 _____________________________________

    Date Cody Hasbargen

    Chair, County Board

    Consideration of Conditional Use Permit #24-04CU by Lyle and Pauline Longtin

    That part of Government Lot Three (3), Section Five (5), Township One hundred Sixty-three (163) North, Range Thirty-four (34) West- Parcel ID#14.05.31.040. 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 for the purpose of repair/replacement of existing rock rip rap. Lake of the Woods is a General Development Lake.

    Motion 

    Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-04CU by Lyle and Pauline Longtin to move more than ten (10) cubic yards of material withing the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap with the following conditions.

    1. Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
    2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

    Lake of the Woods County Board of Commissioners

    Findings of Fact and Decision

    Name of Applicant:  Lyle and Pauline Longtin Date:  October 8, 2024

    Location/Legal Description:  That part of Government Lot 3, Section 5, Township 163N, Range 34W – Parcel ID#14.05.31.040.

    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 for the purpose of repair/replacement of existing rock rip rap.

    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 management.

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

    YES (  )  NO (  )  N/A (X)

    Why or why not? ____________________________________________________________________

    1. 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? ____________________________________________________________________ 

    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 (  )  NO (  )  N/A (X)

    Why or why not? ____________________________________________________________________

    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 (  )  NO (  )  N/A (X)

    Why or why not? ____________________________________________________________________

    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 (X)  NO (  )  N/A ( )

    Why or why not?  Shoreline protection.

    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.

    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? ____________________________________________________________________

    The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

    The specific reasons for denial or conditions of approval are as follows:

    1. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
    2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

            October 8, 2024 _____________________________________

    Date Cody Hasbargen

            Chair, County Board

    Consideration of Conditional Use Permit #24-05CU by Rocky Point Cabin, LLC

    That part of Government lot Three (3), Section Five (5), Township one hundred and Sixty-three (163) North, Range Thirty-four (34) West- Parcel ID#14.05.31.030. 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 for the purpose of repair/replacement of existing rock rip rap. 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 #24-05CU by Rocky Point Cabin, LLC to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of existing rock rip rap with the following conditions:

    1. Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
    2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

    Lake of the Woods County Board of Commissioners

    Findings of Fact and Decision

    Name of Applicant:  Rocky Point Cabin, LLC %Brett Longtin Date:  October 8, 2024

    Location/Legal Description:  That part of Government Lot 3, Section 5, Township 163N, Range 34W – Parcel ID#14.05.31.030.

    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 for the purpose of repair/replacement of existing rock rip rap.

    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 management.

    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 (  )  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 (  )  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 protection.

                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.

                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? ____________________________________________________________________

                                The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

                                The specific reasons for denial or conditions of approval are as follows:

                                1. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
                                2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

                                        October 8, 2024 _____________________________________

                                Date Cody Hasbargen

                                        Chair, County Board

                                Consideration of Conditional Use Permit #24-07CU By Wolverton Creek Outfitters, LLC

                                A tract in Government Lot 5, Section Thirty-four (34), Township One hundred Sixty-eight (168) North, Range Thirty-three (33) West-Parcel ID#03.34.32.015. 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 for the purpose of constructing a rock rip rap project. Lake of the Woods is a General Development Lake.

                                Motion

                                Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-07CU by Wolverton Creek Outfitters, LLC to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of constructing a rock rip rap project with the following conditions: 

                                1. Applicant is to follow DNR guidance document titled “Shoreline Alterations: Riprap”.
                                2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

                                Lake of the Woods County Board of Commissioners

                                Findings of Fact and Decision

                                Name of Applicant:  Wolverton Creek Outfitters, LLC Date:  October 8, 2024

                                Location/Legal Description:  That part of Government Lot 5, Section 34, Township 168N, Range 33W – Parcel ID#03.34.32.015.

                                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 for the purpose of repair/replacement of existing rock rip rap.

                                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 management.

                                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 (  )  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 (  )  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 protection.

                                            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.

                                            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? ____________________________________________________________________

                                                            The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

                                                            The specific reasons for denial or conditions of approval are as follows:

                                                            1. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
                                                            2. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

                                                            October 8, 2024 _____________________________________

                                                            Date Cody Hasbargen

                                                            Chair, County Board

                                                            Public Works

                                                            Updates

                                                            County Engineer Anthony Pirkl gave an update on various projects.

                                                            Hooper Creek Road Acceptance

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously with Commissioner Jon Waibel abstaining to accept Hooper Creek Loop within Section 18, T-161 N, R-31 Was Unorganized Township Road No. 217, and acknowledge that said road has been constructed to minimum unorganized township road standards.  The road is approximately 3,194 feet in length (0.60 miles) and shall be classified at maintenance level “A”.

                                                            Wetland Determination

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the certified wetland determination of three agricultural parcels and for Chair Cody Hasbargen to sign the same.

                                                            Closed Session

                                                            Resolution

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

                                                            Closed Session-Union Negotiation

                                                            RESOLUTION NO. 24-10-02

                                                            WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

                                                             “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

                                                            WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on September 24th, 2024 at 11:30 AM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

                                                            1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

                                                            This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

                                                            Motion

                                                            Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting.

                                                            Recess

                                                            A brief recess took place at 10:15 a.m. and reconvened at 10:30 a.m. at the site of the public hearing.

                                                            Public Hearing-Public Road Easement Vacation

                                                            Motion 

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the public hearing at the site of the public road easement. Present at the meeting: Commissioners: Cody Hasbargen, Joe Grund, Ed Arnesen, Jon Waibel and Buck Nordlof. Also present was: Auditor-Treasurer Lorene Hanson, County Engineer Anthony Pirkl, Marty Mollberg, and Woody Fiala.

                                                            Public Road Easement Vacation

                                                            The board reviewed documentation provided by Marty Mollberg and viewed the public road easement requested for vacation.

                                                            Motion

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

                                                            Resolution to Approve the Public Road Easement Vacation

                                                            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 and moved for adoption:

                                                            RESOLUTION VACATING A PUBLIC ROAD EASEMENT  

                                                            WALHALLA TOWNSHIP (UNORGANIZED) 

                                                            LAKE OF THE WOODS COUNTY

                                                              Resolution No. 24-10-03

                                                            WHEREAS, the Lake of the Woods County Board, acting as the Town Board of unorganized Walhalla Township, Lake of the Woods County, Minnesota received a petition calling for the vacation of the following described public road easement pursuant to Minn. Stat. § 164.07:

                                                            The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line:  Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W

                                                            WHEREAS, said petition was signed by not less than eight voters of the town who own real estate, or occupy real estate under the homestead or preemption laws or under contract with the state, within three miles of the road;

                                                            WHEREAS, the road passes over the following described tract of land in Lake of the Woods County, Minnesota, owned by the following named owner:

                                                            Marty Mollberg, Parcel ID# 29.1044.000; SE1/4 SE1/4, Section 10, Township 160, Range 32

                                                            WHEREAS, the County Board conducted a public hearing on the petition on the 8th day of October, 2024, after personal and posted notice provided by the petitioners pursuant to Minn. Stat. § 164.07, subd. 2, and published notice provided by the County Board;

                                                            WHEREAS, the petitioners presented the Board with affidavits at the hearing as proof that the required notice was given;

                                                            WHEREAS, the County Board examined the public road easement, heard the interested parties, and considered the matter;

                                                            WHEREAS, the County Board determined that the petitioned for action is consistent with the public interest;

                                                            WHEREAS, the County Board has examined the ditches lateral to the road and determined that said ditches are essential for surface drainage of adjacent lands or highways in support of the general health and welfare of the public;

                                                            WHEREAS, the Owner listed in Appendix A has released in writing all claims for damages from such vacation;

                                                            NOW, THEREFORE, BE IT RESOLVED, that the County Board, acting as the Town Board of unorganized Walhalla Township, Lake of the Woods County, Minnesota hereby vacates a town public road easement legally described as follows:

                                                            The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line:  Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W

                                                            BE IT FURTHER RESOLVED, that the Board does hereby preserve all rights and interests in the ditches lateral to the road as provided in Minn. Stat. § 164.07, subd. 3a and retains the rights to access the adjacent properties as needed to maintain said ditches;

                                                            BE IT FURTHER RESOLVED, that the Board Chair and Auditor/Treasurer are hereby authorized and directed to execute and record a town road order vacating said town public road easement and to record the same with the County Recorder of Lake of the Woods County;

                                                            BE IT FINALLY RESOLVED, that the Auditor/Treasurer is authorized and directed to provide a copy of this resolution to each of the affected owners listed above.

                                                            Adjourn

                                                            Motion

                                                            Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at the site of the public hearing at 10:40 a.m. 

                                                            Attest: October 22, 2024

                                                            ______________________________ _________________________________

                                                            Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

                                                            September 24, 2024

                                                            COMMISSIONER PROCEEDINGS

                                                            September 24, 2024

                                                            The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 24, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

                                                            CALL TO ORDER

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

                                                            APPROVAL OF AGENDA

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Permission to Advertise/Interview/hire, Set Road Tour & Ditch Meeting Dates, FY21 Amended Stonegarden Grant, and Closed Session-Williams Creek.

                                                            APPROVAL OF MINUTES

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of September 10, 2024.

                                                            SOCIAL SERVICES

                                                            Claims

                                                            Motion

                                                            Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $7,691.55; Commissioners Warrants $2,123.38; Commissioners Warrants $11,956.08.

                                                            Auditor/Treasurer

                                                            Claims

                                                            Motion

                                                            Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously with Commissioner Joe Grund abstaining to approve the claims against the County as follows: Revenue $84,873.43; Road & Bridge $60,055.61; County Development $225.00; Solid Waste $35,054.27; EDA $1,387.72.

                                                            WARRANTS FOR PUBLICATION

                                                            Warrants Approved On 9/24/2024 For Payment 9/27/2024

                                                            Vendor Name         Amount

                                                            Accurate HD Ltd.       21,376.00

                                                            Clay County Sheriff         2,480.00

                                                            Co-Op Services, Inc.                                   17,955.18

                                                            Counties Providing Technology         4,327.00 

                                                            Election Systems & Software, Inc         3,858.75 

                                                            Howard’s Oil Company         4,979.38 

                                                            Lavalla Sand & Gravel Inc         9,177.30 

                                                            LOW Highway Dept                       4,520.00

                                                            LOW Soil & Water Cons. Dist.                       3,698.00 

                                                            North East Technical Service,Inc       14,450.70 

                                                            Pennington County Sheriff Office               17,183.75 

                                                            Pete’s Body Shop Dba         5,670.05 

                                                            Short Elliott Hendrickson, Inc                     2,102.50 

                                                            Terry’s Tree Service       8,000.00 

                                                            U.S. Bank Equipment Finance                     6,268.50 

                                                            Up North Electric LLC                   18,178.48 

                                                            Voice Products       2,771.06 

                                                            49 Payments less than 2000 34,599.38

                                                            Final Total: 181,596.03    

                                                            Further moved to authorize the payment of the following auditor warrants: September 11, 2024 for $396,167.84; September 18, 2024 for $232,592.70. 

                                                            Set Public Hearing Date-Lodging Tax Ordinance

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a Public Hearing for Lodging Tax Ordinance on October 22, 2024 at 10:00 a.m.

                                                            Extension Agreement

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Extension agreement between Lake of the Woods County and University of Minnesota effective January 1, 2025 through December 31, 2027.

                                                            Land & Water

                                                            Land & Water Director Josh Stromlund gave a brief update on timber sales from the logging of a county owned parcel in the Zippel Bay area.

                                                            Public Works

                                                            Road Upgrade Policy-10 Ton Road

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel to approve the road upgrade policy for 10 ton roads.

                                                            Permission to Advertise, Interview, & Hire- Heavy Equipment Operators

                                                            County Engineer Anthony Pirkl informed the board that he had received a notice for retirement from two employees and requested permission to advertise, interview, & hire for two heavy equipment operator positions.

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to advertise, interview, & hire for two heavy equipment operator positions.

                                                            Updates

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

                                                            Set County Road Tour Date

                                                            Motion

                                                            Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to set the county road tour date for October 21,2024 at 8:00a.m. 

                                                            Set Ditch Meeting

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set the ditch meeting for October 23, 2024 at 6:00 at Arnesen’s Rocky Point.

                                                            Opioid Settlement Advisory Council

                                                            Members of the Opioid Settlement Advisory Council discussed the need for prevention and treatment in the Baudette Area. The recommendation from the councils previous meeting is to spend $13,000.00 from the Opioid Settlement Funds to cover start-up costs for a local treatment service.

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the recommendation to spend $13,000.00 out of the Opioid Settlement Fund to pay for start-up costs for treatment services in the Baudette area.

                                                            Sheriff

                                                            FY21 Amended Stonegarden Grant

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the amendment to the FY21 Stonegarden Grant from $119,700.00 to $141,498.00.

                                                            Lake of the Woods School Referendum Presentation

                                                            Jeff Nelson and Tim Lyons gave a presentation regarding the upcoming referendum questions on the November general election ballot. Further information can be found on the Lake of the Woods School website.

                                                            Arrowhead Library

                                                            Executive Director Mollie Stanford, Finance Director Mickey Erickson, Baudette Library Director Kelly Pelland, and Committee Member Colleen Stanton introduced themselves to the board and discussed the projects and budget for Arrowhead Library Systems and how the funds are used locally.

                                                            Hoffman, Philipp, & Martell, PLLC

                                                            Audit Exit Review

                                                            Colleen Hoffman from Hoffman, Philipp, & Martell, PLLC  provided an audit exit review to the County Board of Commissioners.

                                                            Closed Session

                                                            Resolution

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

                                                            Closed Session-Union Negotiation

                                                            RESOLUTION NO. 24-09-03

                                                            WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

                                                             “The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

                                                            WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on September 24th, 2024 at 11:30 AM to consider strategy for labor negotiations.  The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and

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

                                                            1. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

                                                            This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

                                                            Motion

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

                                                            Closed Session

                                                            Resolution

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

                                                            Resolution Closing Board Meeting

                                                            Resolution No. 2024-09-04

                                                            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, parties to the Agreement, 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 the agreement; 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
                                                            1. 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

                                                            Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting.

                                                            Adjourn

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 12:40 a.m. 

                                                            Attest: October 8, 2024

                                                            ______________________________ _________________________________Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

                                                            September 10, 2024

                                                            COMMISSIONER PROCEEDINGS

                                                            September 10, 2024

                                                            The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, September 10, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

                                                            CALL TO ORDER

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

                                                            APPROVAL OF AGENDA

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Wildlife Management Area Discussion, Truck Repairs.

                                                            SOCIAL SERVICES

                                                            Claims

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $9,367.19; Commissioners Warrants $2,894.87; Commissioners Warrants $22,241.95.

                                                            Auditor/Treasurer

                                                            Claims

                                                            Motion

                                                            Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $97,033.83; Road & Bridge $53,188.23.

                                                            WARRANTS FOR PUBLICATION

                                                            Warrants Approved On 9/10/2024 For Payment 9/13/2024

                                                            Vendor Name Amount

                                                            Baudette Community Foundation 5,000.00

                                                            Clay County Sheriff 2,503.40

                                                            Farmers Union Oil company 2,095.98

                                                            Gamache/Micheal D             44,300.00

                                                            Hoffman, Philipp & Martell, PLLC 8,720.00

                                                            Larkin Hoffman Attorneys             14,720.00

                                                            Law Offices Of Patrick D. Moren 9,065.73

                                                            Mar-Kit Landfill             15,084.50

                                                            Northern Light Region               2,328.94

                                                            Quadient Finance USA Inc. 3,000.00

                                                            R & Q Trucking, Inc               5,669.39

                                                            SeaChange Print Innovations 3,479.89

                                                            WIDSETH SMITH NOLTING & ASSOC., INC.  5,650.00

                                                            54 Payments less than 2000 28,604.23

                                                            Final Total:  150,222.06

                                                            Further moved to authorize the payment of the following auditor warrants: September 4, 2024 for $21,191.71; September 4, 2024 for $66,818.31; September 5, 2024 for $262,827.40.

                                                            APPROVAL OF MINUTES

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of August 27, 2024.

                                                            Proposed Levy 2024/2025

                                                            Resolution

                                                            Resolution Adopting

                                                            Proposed 2025 Budget and Tax Levy

                                                            Resolution   2024-09-01

                                                            The following Resolution was proposed and moved for adoption by Commissioner Jon Waibel:

                                                            WHEREAS, the Proposed County Budget for the year 2025 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 2025:

                                                            Revenue Fund $ 2,254,700

                                                            Road & Bridge Fund $    520,000

                                                            Social Services Fund         $    620,000

                                                            Economic Development Authority Fund   $      50,000

                                                            2025 Proposed Budget and Tax Levy        $ 3,444,700

                                                            BE IT FURTHER RESOLVED that the following amounts be levied against the unorganized townships of Lake of the Woods County for 2025:

                                                            Twp Road & Bridge   $   526,470*

                                                            Twp Fire – Baudette   $     28,750

                                                            Twp Fire – Williams   $     20,921

                                                            Twp Fire – NW Angle   $       6,500

                                                            Total   $   582,641 

                                                            2025

                                                            * $526,470 for Township Road & Bridge, includes $5,000 Blue Blades and $12,765 Admin of Township Roads (508,705+5,000+12,765=526,470)  

                                                            A public meeting to discuss the 2025 Proposed Budget and Tax Levy will be held on Tuesday, December 17, 2024, 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. 

                                                            Appoint of Election Judge

                                                            Motion

                                                            Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon waibel and carried unanimously to approve the following election judge for the 2024 General (November 5, 2024) Election:  Cassie Brune. 

                                                            Cigarette License Approval

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the cigarette license application for Hugo’s Lake of the Woods Foods.

                                                            Donation Request-Williams Potato days

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the donation request in the amount of $1000.00 for the Williams Potato Day Committee for operational needs to be paid for out of Con-Con Funds.

                                                            Sheriff

                                                            FY2022 Operation Stonegarden Grant Approval

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the 2022 Operation Stonegarden Grant in the amount of $118,503.00.

                                                            Public Works

                                                            Updates

                                                            County Engineer Anthony Pirkl gave an update about various Highway projects. There was also discussion about a possible amendment to the county highway policy regarding road restrictions. 

                                                            Final Payment SAP 039-598-072

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-598-072 for Olson Construction TRF of Thief River Falls, MN in the total amount of $155,095.00 and hereby authorize final payment of $32,963.00.

                                                            Final Payment CP 2024-06

                                                            Motion

                                                            Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the final payment of CP 2024-06 for Asphalt Preservation Company, Inc. of Detroit Lakes, MN in the total amount of $218,097.00 and hereby authorize final payment of $218,097.00.

                                                            Town Road Vacation

                                                            Set Public Hearing Date

                                                            Resolution

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

                                                            Resolution to Create an Order Setting forth initial descriptions and setting public hearing date

                                                            Resolution No. 2024-09-02

                                                            WHEREAS, the Lake of the Woods County Board of Commissioner, acting as the Town Board for Walhalla Township (unorganized township) in Lake of the Woods County Minnesota was presented a petition and reviewed the same at its regular board meeting on the 10th day of September, 2024, requesting the vacation of a public easement road.

                                                            WHEREAS, the petition contained a description of the road, the names of the owners over which the road passes, and the point of beginning, general course, and termination of the road proposed to be vacated.

                                                            WHEREAS, the portion of the public easement roadway to be vacated is described as: The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also,The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line:  Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W. As fully depicted on attached Exhibit A.

                                                            WHEREAS, Minnesota Statutes §164.07, subd. 2, requires the Board to make an order describing as nearly as practicable the portion of the road to be vacated, describing the several tracts of land through which the road passes, and fixing a time and place when and where the Town Board will meet and act upon the motion; 

                                                            NOW, THEREFORE, IT IS HEREBY ORDERED: 

                                                            1.The portion of the road proposed to be vacated is described above. 2.The several tracts of land through which the road passes and their owners will be notified and proof of notification will be returned to the board.3. The Lake of the Woods County Board of Commissioners, acting on behalf of

                                                            unorganized Walhalla Township will conduct a Public Hearing on October 8, 2024, at 10:30 a.m. at the site of the town road proposed to be vacated, located in unorganized Walhalla Township, Lake of the Woods County, Minnesota to examine the road. The board will recess from the viewing of the road and reconvene the Public Hearing at the Board of Commissioners Room, Lake of the Woods County Courthouse, Baudette, Minnesota to receive public comment, consider the proposed action, and act on the motion/resolution. 

                                                            Human Resources

                                                            Part-time E911 Corrections Officer to Permanent Part-time

                                                            Motion

                                                            Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to change the Part-time E911 Corrections Officer Harley Poppitz to a Permanent Part-time position at the current grade and step effective next full pay period. 

                                                            Land & Water

                                                            Truck Repairs

                                                            Motion

                                                            Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request for truck repairs on a Land & Water vehicle in the amount of $1,389.00.

                                                            Consideration of Conditional Use Permit #24-03CU by Thomas Flaherty 

                                                            Lot Six (6), Block One (1), Rivards River Acres, Section Eight (8), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid) – Parcel ID# 31.56.01.060. 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 the Rainy River for river access. The Rainy River is an Agricultural River segment.

                                                            Motion

                                                            Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-03CU by Thomas Flaherty to move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for river access with the following conditions:

                                                            1. Erosion control methods must be installed and remain in place until the site is fully vegetated.
                                                            2. Fabric must be properly installed under the rock.
                                                            3. Adequate drainage must remain and not blocked.
                                                            4. Applicant is to obtain MNDNR permit, if required.

                                                            Lake of the Woods County Board of Commissioners

                                                            Findings of Fact and Decision

                                                            Name of Applicant:  Thomas Flaherty Date:  September 10, 2024

                                                            Location/Legal Description:  Lot Six (6), Block One (1), Rivards River Acres Subdivision

                                                            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 the Rainy River for the purpose of river access.

                                                            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?  Residential water frontage.

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

                                                            YES (  )  NO (  )  N/A (X)

                                                            Why or why not? ____________________________________________________________________

                                                            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?  Decrease sedimentation.

                                                            1. 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?  No change to topography.

                                                            1. 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? ____________________________________________________________________

                                                            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 (  )  NO (  )  N/A (  )

                                                            Why or why not?  Vegetative cover will be implemented and monitored.

                                                            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?  Rainy River.

                                                            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? ____________________________________________________________________

                                                            The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

                                                            The specific reasons for denial or conditions of approval are as follows:

                                                            1. Erosion control methods must be installed and remain in place until the site is fully vegetated.
                                                            2. Fabric must be properly installed under the rock.
                                                            3. Adequate drainage must remain and not be blocked.
                                                            4. Applicant is to obtain MNDNR permit to work below the Ordinary High-Water Level of the Rainy River, if required.

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

                                                                    September 10, 2024 _____________________________________

                                                            Date Cody Hasbargen

                                                                    Chair, County Board

                                                            Consideration of Conditional Use Permit #24-06CU by Timothy & Kristi Bjerk

                                                            Lot Eight (8), Block One (1), Lake Shore Village, Section Six (6), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper) – Parcel ID# 16.59.01.080. 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 for a rip rap repair project. Lake of the Woods is a General Development Lake.

                                                            Motion

                                                            Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-06CU by Timothy & Kristi Bjerk to move  more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for a rip rap repair project with the following conditions:

                                                            1. Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
                                                            2. Applicant is to follow the DNR Guidance document titled “Shoreline Alterations: Riprap”.
                                                            3. If Applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

                                                            Lake of the Woods County Board of Commissioners

                                                            Findings of Fact and Decision

                                                            Name of Applicant:  Timothy & Kristi Bjerk Date:  September 10, 2024

                                                            Location/Legal Description:  Lot Eight (8), Block One (1), Lakeshore Village Subdivision

                                                            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 for the purpose of repair/replacement of existing rock rip rap.

                                                            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 repair. 

                                                            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? Eliminate shoreline erosion.

                                                              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? No change.

                                                                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 (  )  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? Residential.

                                                                        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.

                                                                        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? ____________________________________________________________________

                                                                                        The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

                                                                                        The specific reasons for denial or conditions of approval are as follows:

                                                                                        1. Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
                                                                                        2. Applicant is to follow DNR Guidance document titled “Shoreline Alterations:  Riprap”.
                                                                                        3. If applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.

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

                                                                                        September 10, 2024 _____________________________________

                                                                                        Date Cody Hasbargen

                                                                                        Chair, County Board

                                                                                        Wildlife Management Areas-Discussion

                                                                                        Commissioner Joe Grund informed the board of information he received regarding WMA fish and wildlife service lands and the logging affecting timber sales in the area. 

                                                                                        Fair Board

                                                                                        Updates

                                                                                        Members of the Fair Board gave an update on various events throughout the year as well as their plans for the upcoming year. They also discussed difficulties they face when acquiring a carnival that is willing to come up north at a reasonable price. 

                                                                                        Adjourn

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 10:15 a.m. 

                                                                                        Attest: September 24, 2024

                                                                                        ______________________________ _________________________________

                                                                                        Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

                                                                                        August 27, 2024

                                                                                        COMMISSIONER PROCEEDINGS

                                                                                        August 27, 2024

                                                                                        The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 27, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

                                                                                        CALL TO ORDER

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

                                                                                        APPROVAL OF AGENDA

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Closed Session, Storm Shelter Funds Request, Retirement Resolution, Jail Contract, and Town Road Vacation. Remove: Audit Exit Review, Fair Board Updates.

                                                                                        APPROVAL OF MINUTES

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of August 6, 2024.

                                                                                        SOCIAL SERVICES

                                                                                        Claims

                                                                                        Motion

                                                                                        Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $24,852.05; Commissioners Warrants $3,087.97; Commissioners Warrants $64,368.36.

                                                                                        Permission to Advertise, Interview, and Hire- Office Support Specialist

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the request to advertise, interview, and hire an office support specialist at Grade 9, Step 1, $20.64 per hour at 222 points.

                                                                                        Retirement Resolution

                                                                                        Resolution

                                                                                        The following resolution was offered by Commissioner Cody Hasbargen and moved for adoption:

                                                                                        RECOGNITION OF YEARS OF SERVICE

                                                                                        JO AERY

                                                                                        RESOLUTION No. 2024-08-03

                                                                                        WHEREAS Jo Aery has served the residents of Lake of the Woods County since December 8, 2006 as Lake of the Woods County Social Services Office Support Specialist/Transportation Coordinator;

                                                                                        WHEREAS Jo Aery has resigned from Lake of the Woods County service effective August 30, 2024 with 17 years and 8 months of service;

                                                                                        NOW THEREFORE, BE IT RESOLVED That Lake of the Woods County Board of Commissioners Extends its deepest appreciation to Jo Aery for her dedicated service and best wishes to her;

                                                                                        The resolution was seconded by Commissioner Jon Waibel and the same being put to a vote was unanimously carried. 

                                                                                        Auditor/Treasurer

                                                                                        Claims

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $223,686.76; Road & Bridge $72,879.49; County Development $13,475.00; Joint Ditch $460.00; Solid Waste $49,725.23; EDA $1,893.74.

                                                                                        WARRANTS FOR PUBLICATION

                                                                                        Warrants Approved On 8/27/2024 For Payment 8/30/2024

                                                                                        Vendor Name Amount

                                                                                        Bert’s Truck Equipment Of Moorhead Inc 2,768.70

                                                                                        Charm-Tex           16,383.50

                                                                                        Co-Op Services, Inc.           23,196.96

                                                                                        Concrete Canvas US, Inc. 9,976.00

                                                                                        Counties Providing Technology 4,407.00

                                                                                        Farmers Union Oil company 2,387.75

                                                                                        Freeberg & Grund, Inc 3,575.00

                                                                                        Gallow Technologies 8,446.96

                                                                                        Hoffman, Philipp & Martell, PLLC 7,705.00

                                                                                        Howard’s Oil Company 4,368.47

                                                                                        Integris LLC 2,055.64

                                                                                        John Campbell DBA Toy Box 5,072.60

                                                                                        Laine/Robert 2,200.00

                                                                                        Lake Area Construction Inc           11,587.50

                                                                                        Larkin Hoffman Attorneys           19,707.25

                                                                                        LOW Highway Dept 3,347.85

                                                                                        Mar-Kit Landfill                         17,507.00

                                                                                        Mn State Dept-Correction           16,224.00

                                                                                        Msop-Mn Sex Offender Prgrm-462 2,921.90

                                                                                        NetCenter Technologies           12,689.50

                                                                                        North East Technical Service,Inc 6,425.50

                                                                                        Pennington County Sheriff Office           10,065.00

                                                                                        Powerplan 2,218.95

                                                                                        Quadient Finance USA Inc. 6,000.00

                                                                                        R & Q Trucking, Inc 6,264.00

                                                                                        Shannon’s Inc                         42,717.56

                                                                                        Titan Machinery – Roseau 8,544.82

                                                                                        U.S. Bank Equipment Finance 6,268.50

                                                                                        Uline 6,510.37

                                                                                        University Of Mn                         15,121.50

                                                                                        Walker Pipe & Supply 9,140.25

                                                                                        WIDSETH SMITH NOLTING & ASSOC., INC.        15,275.00

                                                                                        Wikstrom Telephone Co.,Inc           12,320.00

                                                                                        72 Payments less than 2000   38,720.19

                                                                                        Final Total: 362,120.22

                                                                                        Further moved to authorize the payment of the following auditor warrants: August 7, 2024 for $63,450.89; August 8, 2024 for $278,096.98; August 14, 2024 for $119,062.73; August 21, 2024 for $11,333.45.

                                                                                        Joint Powers Agreement

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Joint Powers Agreement contract number 253368 between the State of Minnesota and Lake of the Woods County for election recount services.

                                                                                        Veterans Grant Approval

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the veterans grant for transportation services in the amount of $7,500.00.

                                                                                        Storm Shelter Funds Request

                                                                                        Brenda Nelson and Nyla O’Connell came to the board to discuss funding options for an elevator replacement at Bethany Church in Williams. Bethany church is the designated storm shelter for that area and the elevator is broken and will need to be replaced. The board discussed requesting assistance from Emergency Management Director Jill Olson to review grant options that may be available. No action was taken at this time. 

                                                                                        Airport Zoning Board

                                                                                        Resolution

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

                                                                                        AUTHORIZING THE CREATION OF A JOINT AIRPORT ZONING BOARD

                                                                                        Resolution No. 2024-08-04

                                                                                        WHEREAS, The City of Baudette, hereinafter referred to as the Municipality, owns and controls the Baudette International Airport; and 

                                                                                        WHEREAS, Portions of the airport hazard area adjacent to the airport are located outside the territorial limits of said Municipality but within the territorial limits of this County; and 

                                                                                        WHEREAS, The above Municipality has requested in writing that we join with them in the creation of a Joint Airport Zoning Board; and 

                                                                                        WHEREAS, This County deems it necessary and expedient to create a Joint Airport Zoning Board in cooperation with the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3, and other applicable laws for the purpose of establishing, administering, and enforcing zoning laws for the areas surrounding the airport and for the protection of the airport and the public; and

                                                                                        WHEREAS, The above statute provides that this County has the right to appoint two (2) persons to said board; and 

                                                                                        WHEREAS, Subdivision 3 of Section 32 of the Appropriations Bill passed by the Minnesota Legislature effective July 1, 1973, provides that no moneys shall be expended by the Commissioner of Transportation of the State of Minnesota to improve and maintain an airport unless the governmental unit owning the airport has or is established a zoning authority for the airport.

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

                                                                                        1. That there is hereby created in cooperation with the above Municipality a Joint Airport Zoning Board to be composed of representatives of Lake of the Woods County and representatives of the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3.
                                                                                        1. That Lake of the Woods County hereby appoints Cody Hasbargen and Jon Waibel to be its representatives on said board with alternates Ed Arnesen, Buck Nordlof, and Joe Grund, said persons to serve for an indefinite term until they resign or are replaced by Lake of the Woods County.

                                                                                        Sheriff

                                                                                        Jail Contract-Purchase of Service Agreement Approval

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Jail Purchase of Services Agreement between Lake of the Woods County and Pennington County for $65.00 per day for three beds and to have Chair Cody Hasbargen and Sheriff Gary Fish sign the same.

                                                                                        County TV

                                                                                        Kent Christianson gave an update on the maintenance and testing on the county tv equipment.

                                                                                        Land & Water

                                                                                        Consideration of Interim Use Permit #24-04IU by Christopher and Ashley Olson

                                                                                        Lot Three (3), Block One (1), Turgeon Estates in Section Twenty (20), Township One-hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) – Parcel ID# 24.60.01.030. Applicant is requesting an Interim Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1).

                                                                                        Motion

                                                                                        Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-04IU by Christopher and Ashley Olson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

                                                                                        1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
                                                                                        2. The septic system is sized for the maximum occupancy identified in the application.
                                                                                        3. The maximum occupancy is limited to the identified number in the application.
                                                                                        4. The established quiet hours are as identified in the application.
                                                                                        5. A valid Certificate of Compliance for the septic system is required.
                                                                                        6. No on street parking is allowed.
                                                                                        7. If applicable, applicant must meet the Minnesota Department of Health Requirements.

                                                                                        Lake of the Woods County Board of Commissioners

                                                                                        Short-Term Vacation Rental Findings of Fact and Decision

                                                                                        Name of Applicant:  Christopher and Ashley Olson Date:  August 27, 2024

                                                                                        Location/Legal Description:  Lot Three (3), Block One (1), Turgeon Estates Parcel Number:  24.60.01.030

                                                                                        Project Proposal:  Applicant is requesting an Interim Use Permit, as required by Section 401.B of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential Zoning District (R1).

                                                                                        1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )

                                                                                        Explain?  Property is located in the growth corridor.

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

                                                                                        YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  Applicant has met the criteria based upon the submitted application.

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

                                                                                        Explain?  Residential.

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

                                                                                        Explain?  Public road, Noble Drive.

                                                                                        1. Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  No change.

                                                                                        1. Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?

                                                                                        YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  As per the submitted application.

                                                                                        1. Does the water test meet the Minnesota Department of Health drinking water standards? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The water test results are part of the submitted application.

                                                                                        1. Has the applicant identified the maximum number of occupants? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The application states a maximum of six (6) people. 

                                                                                        1. Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The septic system has a valid Certificate of Compliance and is sized for a 3-bedroom dwelling.

                                                                                        1. Has the applicant established quiet hours? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The established quiet hours are from 10:00 p.m. to 7:00 a.m.

                                                                                        1. Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  See submitted application.

                                                                                        1. Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  See submitted application.

                                                                                        1. Has the applicant identified a local person and their contact information? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  See submitted application.

                                                                                        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 (X)  NO (  )  N/A (  )

                                                                                        Explain?  No signage has been requested.

                                                                                        1. Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

                                                                                        YES (  )  NO (  )  N/A (X)

                                                                                        Explain?  No need for fencing and/or screening.

                                                                                        The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

                                                                                        The specific reasons for denial or conditions of approval are as follows:

                                                                                        1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
                                                                                        2. The maximum occupancy is limited to six (6) individuals.
                                                                                        3. The established quiet hours are from 10:00 pm to 7:00 am.
                                                                                        4. A valid Certificate of Compliance for the septic system is required.
                                                                                        5. No on-street parking is allowed.
                                                                                        6. If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

                                                                                        August 27, 2024 _____________________________________

                                                                                        Date Cody Hasbargen

                                                                                        Chair, County Board

                                                                                        County Surveyor Update

                                                                                        County Surveyor Chad Conner gave an update on the remonumentation project and ADA requirements associated with making survey records available on the county website.

                                                                                        Public Works

                                                                                        Add to Agenda

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to add Solid Waste Regional Planning to the agenda.

                                                                                        Solid Waste Semi Truck Purchase Approval

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of a semi-truck for the solid waste department up to $50,000.00.

                                                                                        Solid Waste Regional Planning Agreement

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to join the Northwest Region Solid Waste regional planning agreement.

                                                                                        Update

                                                                                        County Engineer Anthony Pirkl gave a brief update on various highway projects.

                                                                                        Town Road Vacation Petition

                                                                                        The board reviewed a petition application from Marty Mollberg for a town road vacation. It was noted that there was more information that would be needed for the application to be accepted. No action was taken at this time.

                                                                                        Recess

                                                                                        A brief recess took place at 10:10 a.m. and reconvened at 10:15 a.m.

                                                                                        Baudette Community Foundation-Fireworks Committee

                                                                                        Fireworks Funds Request

                                                                                        Motion

                                                                                        Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to donate $5,000.00 out of Con-Con Funds to the Baudette Community Foundation for the fireworks fund.

                                                                                        Closed Session

                                                                                        Resolution

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

                                                                                        Resolution Closing Board Meeting

                                                                                        Resolution No. 2024-08-05

                                                                                        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, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and   

                                                                                        WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the 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 pending lawsuit 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
                                                                                        1. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher.

                                                                                        Motion 

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 10:35 a.m.

                                                                                        Set Work Session

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for the Sheriff on September 10, 2024 following the regular board meeting.

                                                                                        Adjourn

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 10:40 a.m. 

                                                                                        Attest: September 10, 2024

                                                                                        ______________________________ _________________________________Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

                                                                                        August 6, 2024

                                                                                        COMMISSIONER PROCEEDINGS

                                                                                        August 6, 2024

                                                                                        The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 6, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

                                                                                        CALL TO ORDER

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

                                                                                        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 additions: Closed Sessions, Final Payment of SAP, and Affidavit of Lost Warrant.

                                                                                        APPROVAL OF MINUTES

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of July 23, 2024.

                                                                                        SOCIAL SERVICES

                                                                                        Claims

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $9,566.00; Commissioners Warrants $1,939.39; Commissioners Warrants $14,762.12.

                                                                                        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 $86,538.33; Road & Bridge $56,144.03; County Development $200.00; Joint Ditch $3,465.00; Solid Waste $10,743.84.

                                                                                        WARRANTS FOR PUBLICATION

                                                                                        Warrants Approved On 8/06/2024 For Payment 8/09/20

                                                                                        Vendor Name Amount

                                                                                        Arrowhead Library System 33,118.00

                                                                                        Computer Integration Technologies, Inc   3,500.00

                                                                                        Extreme Duty Ironworks   3,040.00

                                                                                        HDR Engineering Inc   3,465.00

                                                                                        Knife River Corporation 49,210.00

                                                                                        Law Offices Of Patrick D. Moren   9,065.73

                                                                                        Liberty Tire Recycling, LLC   5,018.00

                                                                                        LOW Soil & Water Cons. Dist. 29,118.50

                                                                                        ZOLL Medical Corporation GPO   2,076.00

                                                                                        45 Payments less than 2000 19,479.97

                                                                                        Final Total:  157,091.20

                                                                                        Further moved to authorize the payment of the following auditor warrants: July 24, 2024 for $2,327,905.10; July 31,2024 for $10,978.79.

                                                                                        Joint Powers Agreement

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Joint Powers Agreement contract number 253367 between the State of Minnesota and the Counties and Municipalities for election services.

                                                                                        Affidavit of Lost Warrant

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the affidavit of lost warrant number 40967 in the amount of $868.17. 

                                                                                        Public Works

                                                                                        Final Payment SAP 039-594-002

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-594-002 for Davidson Ready-Mix & Construction, Inc. of Newfolden, MN in the total amount of $1,393,566.85 and hereby authorize final payment of $75,639.59.

                                                                                        Recess

                                                                                        A brief recess took place at 9:25 a.m. and reconvened at 10:00 a.m.

                                                                                        Public Hearing-Proposed Interim Cannabis Ordinance Moratorium

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting and open the public hearing at 10:00 a.m. 

                                                                                        Proposed Interim Cannabis Ordinance Moratorium

                                                                                        County Attorney Michelle Moren discussed the reason for the public hearing regarding an interim cannabis ordinance moratorium and asked for comments from the public. 

                                                                                        Eric Nerland, Brittney Peterson, and Kyle Gruis from Lake of the Woods Cannabis Co. discussed the social equity application process and licensing for a cannabis business. They informed the board that they have applied for a social equity application and would like to be considered when they review applications.

                                                                                        Motion

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

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the interim cannabis ordinance moratorium.

                                                                                        Closed Session-Attorney Client Privilege

                                                                                        Resolution

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

                                                                                        Resolution Closing Board Meeting

                                                                                        Resolution No. 2024-08-01

                                                                                        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, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and   

                                                                                        WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the 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 pending lawsuit 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
                                                                                        1. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher, and received by the County from another named defendant. 

                                                                                        Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 6th day of August, 2024. 

                                                                                        Motion

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

                                                                                        Closed Session-Attorney Client Privilege

                                                                                        Resolution

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

                                                                                        Resolution Closing Board Meeting

                                                                                        Resolution No. 2024-08-02

                                                                                        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, parties to the Agreement, 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 the agreement; 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
                                                                                        1. 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

                                                                                        Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting.

                                                                                        Adjourn

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 11:15 a.m. 

                                                                                        Attest: August 27, 2024

                                                                                        ______________________________ _________________________________

                                                                                        Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

                                                                                        July 23, 2024

                                                                                        COMMISSIONER PROCEEDINGS

                                                                                        July 23, 2024

                                                                                         The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, July 23, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

                                                                                        CALL TO ORDER

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

                                                                                        APPROVAL OF MINUTES

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of July 9, 2024.

                                                                                        Auditor/Treasurer

                                                                                        Claims

                                                                                        Motion

                                                                                        Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $96,008.28; Road & Bridge $334,057.34; County Development $4,135.00; Joint Ditch $1,840.00; Solid Waste $17,184.35; EDA $1,574.58.

                                                                                        WARRANTS FOR PUBLICATION

                                                                                        Warrants Approved On 7/23/2024 For Payment 7/26/2024

                                                                                        Vendor Name Amount

                                                                                        ARRO of the North, LLC 8,400.00

                                                                                        Clay County Sheriff 2,444.68

                                                                                        Co-Op Services, Inc. 14,281.31

                                                                                        Counties Providing Technology 4,327.00

                                                                                        E & A Services LLC 7,920.00

                                                                                        Election Systems & Software, Inc 2,543.60

                                                                                        Government Management Group, Inc 3,750.00

                                                                                        Houston Engineering Inc 3,838.00

                                                                                        I-29 Trailer Sales, Inc. 46,500.00

                                                                                        Integris LLC 2,161.00

                                                                                        Johnson Auto & Machine 2,438.76

                                                                                        Knife River Corporation 208,487.70

                                                                                        KRIS Engineering Inc 4,657.33

                                                                                        Larkin Hoffman Attorneys 11,475.00

                                                                                        LOW Highway Dept 7,028.75

                                                                                        Nw Angle Edgeriders 3,160.00

                                                                                        Off The Hook Welding & Fabrication LLC 2,175.56

                                                                                        Pictometry International,Corp. 38,020.00

                                                                                        Pomp’s Tire-Thief River Falls 6,903.04

                                                                                        Rainy Lake Oil, Inc 4,224.35

                                                                                        SeaChange Print Innovations 5,769.21

                                                                                        Strata Corp, Inc 15,298.18

                                                                                        Titan Machinery – Roseau 7,600.13

                                                                                        U.S. Bank Equipment Finance 6,268.50

                                                                                        Walker Pipe & Supply 6,730.00

                                                                                        46 Payments less than 2000 28,397.45

                                                                                        Final Total: 454,799.55

                                                                                        Further moved to authorize the payment of the following auditor warrants: July 10, 2024 for $55,887.26; July 17, 2024 for $20,516.40; July 17, 2024 for $853,724.78.

                                                                                        SOCIAL SERVICES

                                                                                        Claims

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $7,185.84; Commissioners Warrants $2,192.66; Commissioners Warrants $2,553.60.

                                                                                        Auditor/Treasurer

                                                                                        Gambling Permit-Fraternal Order of Police Lodge #8

                                                                                        Resolution

                                                                                        The following resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously:

                                                                                        RESOLUTION APPROVING 

                                                                                        LAWFUL GAMBLING ACTIVITY APPLICATION 

                                                                                        TO CONDUCT OFF-SITE GAMBLING

                                                                                        RESOLUTION NO. 24-07-02

                                                                                        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 2/24/2025

                                                                                         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.

                                                                                        Set Budget Meeting Dates

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to set the budget meeting dates for August 20th 2024 at 8:30 a.m., August 21st, 2024 at 12:00p.m., and August 27th, 2024 following the regular board meeting. 

                                                                                        Approval of Tri-Min Agreement

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the amended Tri-Min contract.

                                                                                        Public Works

                                                                                        Updates

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

                                                                                        Human Resources

                                                                                        Permission to Advertise, Interview, & Hire-Part-time Deputy

                                                                                        Human Resources Director Savanna Slick informed the board that Part-time Deputy Jon Foss has resigned and requested permission to advertise, interview, & hire a part-time deputy.

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to advertise, and interview for a part-time deputy at Grade 15, Step 1, $28.27 per hour at 323 points.

                                                                                        Fireworks Committee

                                                                                        Tessa Strohl and Todd Barnes gave an overview of the fireworks committee budget and requested funds to help support the fireworks event. No action was taken at this time.

                                                                                        Correspondence

                                                                                        The board reviewed correspondence from CHI Lakewood Health.

                                                                                        Adjourn

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to adjourn the meeting at 9:30 a.m. with a work session to follow.

                                                                                        Attest: August 6, 2024

                                                                                        ______________________________ _________________________________

                                                                                        Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen

                                                                                        July 9, 2024

                                                                                        COMMISSIONER PROCEEDINGS

                                                                                        July 9, 2024

                                                                                         The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, July 9, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

                                                                                        CALL TO ORDER

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

                                                                                        APPROVAL OF AGENDA

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Closed Session-Cliffs Agreement.

                                                                                        APPROVAL OF MINUTES

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of June 17, 2024 Board of Equalization.

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of June 18, 2024.

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of June 25, 2024.

                                                                                        SOCIAL SERVICES

                                                                                        Claims

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $16,280.29; Commissioners Warrants $3,649.12; Commissioners Warrants $18,379.21.

                                                                                        Auditor/Treasurer

                                                                                        Claims

                                                                                        Motion

                                                                                        Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $97,114.63; Road & Bridge $42,161.46; Hwy $754.62; County Development $200.00; Solid Waste $26,818.54.

                                                                                        WARRANTS FOR PUBLICATION

                                                                                        Warrants Approved On 7/09/2024 For Payment 7/12/2024

                                                                                        Vendor Name Amount

                                                                                        Auto Value Baudette 3,110.16

                                                                                        Farmers Union Oil company 2,117.59

                                                                                        HDR Engineering Inc 17,960.00

                                                                                        Howard’s Oil Company 3,462.99

                                                                                        KC TECH LLC 2,925.00

                                                                                        Law Offices Of Patrick D. Moren 8,744.13

                                                                                        Mar-Kit Landfill 14,247.00

                                                                                        Msop-Mn Sex Offender Prgrm-462 2,921.90

                                                                                        Powerplan 4,736.13

                                                                                        R & Q Trucking, Inc 6,264.00

                                                                                        Shannon’s Inc 64,282.44

                                                                                        Ziegler, Inc 13,353.20

                                                                                        39 Payments less than 2000   22,924.71

                                                                                        Final Total: 167,049.25

                                                                                        Further moved to authorize the payment of the following auditor warrants: June 26, 2024 for $1,642.25; June 26, 2024 for $8,476.14; July 3, 2024 for $978,006.30.

                                                                                        Affidavit of Lost Warrant

                                                                                        Motion

                                                                                        Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the application of lost warrant number 101080.

                                                                                        Request for Funds-Edgeriders

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the reimbursement to Northwest Angle Edgeriders for payment to Edward Freiermuth Construction for gravel and labor surrounding the Northern Most Point Buoy at the Northwest Angle in the amount of $3,160.00 to be paid for out of Con-Con funds.

                                                                                        Public Works

                                                                                        Updates

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

                                                                                        Set Work Session

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for PLLS Restoration on July 23, 2024 following the regular board meeting.

                                                                                        Land & Water

                                                                                        Land & Water Director Josh Stromlund presented the following Conditional Use Permit and Interim Use Permit for approval.

                                                                                        Consideration of Conditional Use Permit #24-02CU by Jeremy and Connie Grindeland

                                                                                        Lot Four (4), Block One (1), Sandy Shores, Section Twenty-one (21), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)-Parcel ID#16.55.01.040. 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 for the purpose of repair/replacement of a boat ramp and repair/replacement of existing rock rip rap.

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #24-02CU by Jeremy and Connie Grindeland to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of repair/replacement of a boat ramp and repair/replacement of existing rock rip rap with the following conditions:

                                                                                        1. Follow the MNDNR Guidelines for Shoreline Alterations: Riprap. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.
                                                                                        2. Follow the MNDNR Guidelines for Water Access: Installing a Boat Ramp. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.

                                                                                        Lake of the Woods County Board of Commissioners

                                                                                        Findings of Fact and Decision

                                                                                        Name of Applicant:  Jeremy and Connie Grindeland Date:  July 9, 2024

                                                                                        Location/Legal Description:  Lot Four (4), Block One (1), Sandy Shores Subdivision

                                                                                        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 for the purpose of repair/replacement of a boat ramp and repair/replacement of existing rock rip rap.

                                                                                        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 stabilization to prevent water pollution, sedimentation, and nutrient loading.
                                                                                        2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

                                                                                        YES (X)  NO (  )  N/A (  )

                                                                                        Why or why not?  Excess nutrients can lead to water impairments and toxic algae blooms.

                                                                                        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?  This is the purpose of the project.

                                                                                        1. 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?  There are no adverse effects to the site’s existing topography, drainage features, and vegetative cover.

                                                                                        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?  The purpose of the project is to conduct maintenance to an existing rock rip rap project and repair a private boat ramp, both of which are located in the floodplain of Lake of the Woods.

                                                                                        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?  The purpose of the project is to repair the current erosion.

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

                                                                                        Why or why not?  The property is located off Sandy Shores Dr. NW.

                                                                                        1. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  ) Why or why not?  Many, if not all, of the properties associated with the Sandy Shores Subdivision have rock rip rap on the shoreline and many have private boat ramps.
                                                                                        2. Does the project proposal have a reasonable need to be in a shoreland location? YES (X)  NO (  )  N/A (  ) Why or why not?  Shoreline of L.O.W.
                                                                                        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?  Not applicable to the request.

                                                                                        1. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (X)  NO (  )  N/A (  )

                                                                                        Why or why not?  The rock rip rap and boat ramp will be visible as viewed from public waters; however, there will be no intensive vegetation removal.

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

                                                                                        Why or why not?  While not applicable to the request, the site is adequate for water supply and on-site sewage treatment systems.

                                                                                        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 (X)  NO (  )  N/A (  )

                                                                                        Why or why not?  Lake of the Woods has approximately 300,000 acres in Minnesota.

                                                                                        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?  Not applicable to the request. 

                                                                                        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?  Not applicable to the request.

                                                                                        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?  No signage associated with this project.

                                                                                        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?  The project will not generate additional traffic.

                                                                                        The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

                                                                                        The specific reasons for denial or conditions of approval are as follows:

                                                                                        1. Follow the MNDNR Guidelines for Shoreline Alterations:  Riprap. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.
                                                                                        1. Follow the MNDNR Guidelines for Water Access: Installing a Boat Ramp. If the proposed project exceeds the no permit criteria, the landowner must obtain a permit through the MNDNR.

                                                                                        Consideration of Interim Use Permit #24-03IU by Steve and Amy Olson

                                                                                        The West Half (1/2) of the Northeast Quarter (1/4) of Section Seven (7), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper)-Parcel ID#16.07.12.000. Applicant is requesting an Interim 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 Development Zoning District (R2).

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-03IU by Steve and Amy Olson to operate a short-term vacation rental in a Rural Residential Development Zoning District (R2) with the following conditions: 

                                                                                        1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
                                                                                        2. The septic system is sized for the maximum occupancy identified in the application.
                                                                                        3. The maximum occupancy is limited to the identified number in the application.
                                                                                        4. The established quiet hours are as identified in the application.
                                                                                        5. A valid Certified of Compliance for the septic system is required.
                                                                                        6. No on street parking is allowed.
                                                                                        7. If applicable, applicant must meet the Minnesota Department of Health requirements.

                                                                                        Lake of the Woods County Board of Commissioners

                                                                                        Short-Term Vacation Rental Findings of Fact and Decision

                                                                                        Name of Applicant:  Steve and Amy Olson Date:  July 9, 2024

                                                                                        Location/Legal Description:  The West Half (1/2) of the Northeast Quarter (1/4) of Section Seven (7), Township One-hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper).

                                                                                        Parcel Number:  16.07.12.000 Application Number:  24-03IU

                                                                                        Project Proposal:  Applicant is requesting an Interim 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 Zoning District (R2).

                                                                                        1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )

                                                                                        Explain?  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. These values include a desire for local control over an individual choice when it comes to issues of work and leisure. The following is a summary of those values important to Lake of the Woods County, pertinent to this request:

                                                                                        1. Individual Choice – In the types of work and leisure to pursue, and in where to live and in the lifestyle to pursue;
                                                                                        2. Local Influence – Over policy that affects the lives of county citizens;
                                                                                        3. Balance – Between individual rights and the public’s welfare and between competing economic development objectives.
                                                                                        1. Is the project proposal consistent with maintaining the public health, safety, and welfare?

                                                                                        YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The public health, safety, and welfare is maintained by having a compliant septic system, a

                                                                                        drinking supply that meets water quality standards.

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

                                                                                        Explain?  Adjacent land uses consist of a mixture of Rural Residential (R2) and Residential (R1).

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

                                                                                        Explain?  The property is adjacent to County Road 52 (68th Street NW).

                                                                                        1. Has the applicant adequately demonstrated how the traffic and parking are to be addressed? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  Adequate onsite parking is available.

                                                                                        1. Has the applicant provided a map adequately depicting locations of property lines, well and septic system locations, accessory structures, parking areas, and shore recreational facilities?

                                                                                        YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  An adequate map was provided with the application.

                                                                                        1. Does the water test meet the Minnesota Department of Health drinking water standards? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The water test was included with the application.

                                                                                        1. Has the applicant identified the maximum number of occupants? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The application identifies the maximum number of occupants as six (6) people.

                                                                                        1. Is the current SSTS compliant by evidence of a Certificate of Compliance and is the SSTS adequate to accommodate the identified maximum occupancy? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The septic system is sized for 450 gallons/day (3 bedroom/6 people) and the Certificate of Compliance was issued on June 23, 2020.

                                                                                        1. Has the applicant established quiet hours? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The established quiet hours, as per the application, are from 10:00 p.m. to 7:00 a.m.

                                                                                        1. Has the applicant provided a floor plan which includes the number of bedrooms and all other sleeping accommodations? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  A floor plan is included with the application.

                                                                                        1. Has the applicant provided an evacuation plan/fire safety protocol and have identified the locations of smoke and Carbon Monoxide alarms and fire extinguishers? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  See application.

                                                                                        1. Has the applicant identified a local person and their contact information? YES (X)  NO (  )  N/A (  )

                                                                                        Explain?  The application identifies a local contact person and their contact information.

                                                                                        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)

                                                                                        Explain?  Applicant indicates no signage will be requested.

                                                                                        1. Is fencing and/or screening needed to buffer the project proposal from adjacent properties?

                                                                                        YES (  )  NO (X)  N/A (  )

                                                                                        Explain?  Not needed as screening from adjacent properties exist.

                                                                                        The answers to the questions above, together with the facts supporting the answers and those other facts that exist in the record, are hereby certified to be the Findings of the County Board of Commissioners.

                                                                                        The specific reasons for denial or conditions of approval are as follows: 

                                                                                        1. The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
                                                                                        1. The maximum occupancy is limited to six (6) individuals as per the submitted application. 
                                                                                        1. The established quiet hours are from 10:00 p.m. to 7:00 a.m. as per the submitted application.
                                                                                        1. A valid Certificate of Compliance for the existing septic system is to be maintained.
                                                                                        1. Parking along County Road 52 (68th Street NW) is prohibited.
                                                                                        1. If applicable, the applicant must meet the Minnesota Department of Health requirements.

                                                                                        Water Level Discussion

                                                                                        Karl Jansen, Elizabeth Jamieson, and William Kettle from the Lake of the Woods Control board, and Resource Conservationist Mike Hirst gave an update on conditions and forecasts for Lake of the Woods water levels.

                                                                                        Interim Ordinance-Cannabis Discussion

                                                                                        The board had a brief discussion about the interim ordinance regarding cannabis. County Attorney Michelle Moren and Land & Water Director Josh Stromlund gave an update on law changes.

                                                                                        Set Public Hearing

                                                                                        Motion

                                                                                        Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to set a public hearing for consideration of the adoption of the Interim Ordinance Moratorium on August 6,2024 at 10:00 a.m. 

                                                                                        Closed Session

                                                                                        Resolution

                                                                                        The following Resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following:

                                                                                        Resolution Closing Board Meeting

                                                                                                Resolution No. 2024-07-01

                                                                                        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, parties to the Agreement, 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 the agreement; 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
                                                                                        1. 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

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

                                                                                        Adjourn

                                                                                        Motion

                                                                                        Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 11:05 a.m.

                                                                                        Attest: July 25, 2024

                                                                                        ______________________________ _________________________________Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen