February 13, 2024

February 13, 2024

 The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, February 13, 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: Ed Arnesen, Cody Hasbargen, Jon Waibel, Buck Nordlof, and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously approve the agenda with the following changes: Add: Splashpad, Purchase of PUP trailers, replacement of furnaces in highway shop, Crack Seal Agreement, and Transfer of Green Tahoe. Remove: JDAI

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of January 23, 2024.

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 $1,905.75; Commissioners Warrants $23,002.68; Commissioners Warrants $43,659.53.

Add to Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to add Daycare Fire Alarms at Lake of the Woods School to the agenda.

Daycare Fire Alarms at Lake of the Woods School

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to assist in the purchase of a new fire alarm system in the daycare at Lake of the Woods School up to the amount of the remaining balance.

Approval of Phone Stipend

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve a cell phone stipend for Aspen Thompson in the amount of $60.00 effective March 2024.

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 $299,484.23; Road & Bridge $203,320.60; County Development $1,000.00; Joint Ditch $12,030.00; Solid Waste $63,482.41; EDA $1,282.50. 

WARRANTS FOR PUBLICATION

Warrants Approved On 2/13/2024 For Payment 2/16/2024

Vendor Name Amount

Acme Tools 2,933.86

American Solutions For Business 2,073.78

Arnesen/Ed 2,941.83

Bert’s Truck Equipment Of Moorhead Inc 141,953.00

Cenex Co-Op Services, Inc. 20,986.47

Clay County Sheriff 4,973.62

Compass Minerals America 10,017.20

Counties Providing Technology 4,327.00

Deputy Registrar No. 75 8,355.64

Election Systems & Software, Inc 5,746.81

Farmers Union Oil company 2,432.37

Freeberg & Grund, Inc 5,646.63

Howard’s Oil Company 5,857.48

Information Systems Corporation 10,935.00

Integris LLC 2,403.26

Interstate Billing Service Inc 12,558.69

Larkin Hoffman Attorneys 11,042.50

LOW Highway Dept 18,376.19

LOW Soil & Water Cons. Dist. 124,661.00

Mar-Kit Landfill 13,574.00

Moren/Law Offices Of Patrick D 9,065.73

Nw Mn Household Hazardous 5,311.00

Pennington County Sheriff Office 17,034.56

Pomp’s Tire Service, Inc. 11,547.44

Roseau Police Dept 5,000.00

Sandpieper Design Inc. 2,920.00

Schneider Geospatial, LLC 11,700.00

SeaChange Print Innovations 12,908.79

SHI International Corp 45,391.06

Verus Corporation 2,375.00

Ziegler, Inc 5,657.05

74 Payments less than 2000 39,892.78

Final Total: 580,599.74

Further moved to authorize the payment of the following auditor warrants: January 24, 2024 for $140,114.12; January 31, 2024 for $50,785.45; January 31, 2024 $333.36; February 7, 2024 for $80,055.61; February 6, 2024 for $262,280.59; February 6, 2024 for ($34.00).

Transfer of Funds

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the temporary transfer of funds from general revenue to CARA grant funds to offset a negative balance.

Approval of Voyageurs Quote

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the quote from Voyageurs Comtronics Corporation in the amount of $74,450.00 for County TV transmitters to be paid for out of ARPA funds.

Appointment of 2024 Election Judges, UOCAVA & Absentee Ballot Boards and Hourly Pay

County Auditor-Treasurer Lorene Hanson met with the County Board to approve election judges, to set up UOCAVA and Absentee Ballot Boards, for the appointment of the Canvassing Board and to request a pay increase for the election judges; all for the 2024 primary and general elections.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously  to approve the following election judges for the 2024 Presidential Primary (March 5, 2024), State Primary (August 13, 2024) and the General (November 5, 2024) Elections:  Christie Russell, Sandy Peterson, Judy Johnson, Shelley Pepera, Rita Krause, Margie Sporlein, Dale Boretski, Dawn Christianson, John Carroll, Dena Pieper, Alisa Jacobsen, Heather Larson, Barb Larson, Beverly Becklund, Jo Aery, Roy Sandstrom, Mary Jo Otten, Jaime Boretski-LaValla, Mike Rasmussen, Marti Carlson, Jon Hanson, Lester Boomgaarden, Connie Nesmith, Anna Sanchez, Chelsea Anderson, Rita Hasbargen, Erik Tange and Lorene Hanson.  

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the hourly pay for election judges as follows:  head election judges at $21.00 per hour and election judges at $20.00 per hour, effective with the 2024 elections.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to appoint the following Election Judges to the UOCAVA Board for the 2024 Presidential Primary, State Primary and General Elections:  Christie Russell, Rita Hasbargen, Anna Sanchez, Connie Nesmith, Chelsea Anderson, Erik Tange and Lorene Hanson.    

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to appoint the following Election Judges to the Absentee Ballot Board for the 2024 Presidential Primary, State Primary and General Elections:  Christie Russell, Lester Boomgaarden, Dale Boretski, Rita Hasbargen, Anna Sanchez, Connie Nesmith, Chelsea Anderson, Erik Tange and Lorene Hanson.    

Appointment to Canvassing Board

County Auditor-Treasurer Lorene Hanson met with the County Board to request approval to appoint two Commissioners to the 2024 Canvassing Board.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to appoint Commissioners Joe Grund and Buck Nordlof to the Canvassing Board for the 2024 Presidential Primary, State Primary and General Elections. 

Lake of the Woods Prevention Coalition

Letter of Support

Sandy Peterson and Doris Knutson came to the board to request a letter of support for the Strategic Prevention Framework Partnerships for Success (SPFPFS) Grant to continue the work they do by adding in mental health support.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to draft a letter in support of the SPFPFS grant and for Chair Cody Hasbargen to sign the same.

Human Resources

Permission to Hire Part-time Dispatch

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to hire Harley Poppitz as part-time dispatch at grade 11, step 1, $22.89 per hour at 253 points effective February 12, 2024.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session for maintenance on March 12, 2024 following the regular board meeting.

Public Works

Approval of SAP 039-599-004

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to accept the bid for project SAP 039-599-004 from Korby Construction in the amount of $513,253.65.

Resolution to Accept Bridge Funds

Resolution

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

RESOLUTION

For Agreement to State Transportation Fund Local Bridge Replacement Program Grant Agreement Grant Terms and Conditions SAP 039-599-004

Resolution No. 2024-02-01

WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund related to Bridge No. 39530; and

WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and

WHEREAS, the amount of the grant has been determined to be $187,175.36 by reason of the lowest responsible bid;

NOW THEREFORE, be it resolved that Lake of the Woods County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required. The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.

Approval of SAP 039-559-005

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to accept the bid for project SAP 039-559-005 from Korby Construction in the amount of $515,915.41.

Resolution to Accept Bridge Funds

Resolution

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

RESOLUTION

For Agreement to State Transportation Fund Local Bridge Replacement Program Grant Agreement Grant Terms and Conditions SAP 039-599-005

Resolution No. 2024-02-02

WHEREAS, Lake of the Woods County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund related to Bridge No. 39531; and

WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and

WHEREAS, the amount of the grant has been determined to be $505,915.41 by reason of the lowest responsible bid;

NOW THEREFORE, be it resolved that Lake of the Woods County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required. The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.

Approval of Bid SAP 039-598-072

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to accept the bid from Olson Construction from Thief River Falls, MN in the amount of 156,045.00

Extended Warranty on 210 G Excavator

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of an extended warranty for a 210 G Excavator up to 4,000 hours or the year 2028 in the amount of $5,194.80.

Purchase of Aluminum Box Culverts for Bridge Replacements

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of two aluminum box culverts in the total amount of $30,000.00 with $14,000.00 to be paid out of JD 24 funds.

Purchase of Belly Dump and PUP trailers

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of belly dump in the amount of $46,500.00 and two PUP trailers in the amount of $21,700.00.

Replacement of Furnaces in Highway Shop

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of three furnances from Rainy River Refrigeration in the amount of $18,990.00

Crack Sealing Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the crack sealing project in the amount of $66,963.00.

Transfer of Green Tahoe

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to move the Green Tahoe from the Assessor’s office to the Landfill.

Updates

County Engineer Anthony Pirkl gave an update on the NWA post office and discussed options for land recently purchased and a possible gravel pit location south of Williams.

Sheriff

Boat & Water Grant

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024 Federal Boating Safety Supplemental Equipment Grant in the amount of $3,950.00.

Land & Water

Consideration of Interim Use Permit #24-02IU by Walleye Empire, LLC

A parcel of land lying in the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4), Section Twenty-five (25), Township One-hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID#19.25.33.022. 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).

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 #24-02IU by Walleye Emipre, LLC 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. As per the Winter Agreement, a septic system design or a compliance inspection of the existing system is to be submitted to the Land & Water Planning Office by July 31, 2024.
  3. The maximum occupancy is limited to three (3) individuals as per the submitted application and then may be increased to nine (9) individuals upon completion of one of the following actions:
  1. A certificate of Compliance is issued for a new SSTS. The SSTS design will determine the maximum occupancy allowed.
  2. The dwelling is connected to the Wheeler’s Point Sanitary District,
  3. The current septic system is to be abandoned and replaced with a or b above, by December 31,2025.
  1. The established quiet hours are from 10:30p.m. to 6:30a.m. as per the submitted application.
  2. Parking along State Highway 172 Northwest is prohibited.
  3. If applicable, the 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:  Walleye Empire, LLC Date:  February 13, 2024

Location/Legal Description:  See Attached Parcel Number:  19.25.33.022

Project Proposal:  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 (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 (  )

Explain?  The project is located within the Growth Corridor, which is between Highway 172 and the Rainy River.

  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 and the septic system will be addressed when conditions allow. 

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

Explain?  This type of use is allowable, with appropriate conditions, in a Residential Zoning District (R1).

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

Explain?  The property has a private driveway which is accessed from State Highway 172 Northwest.

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

Explain?  Applicant indicates parking on site as per the submitted application. No on street parking is to be allowed.

  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 three (3) people. However, the applicant verbally indicated a maximum of nine (9) during the Planning Commission meeting. The maximum number of occupants is to be addressed in the conditions below.

  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 (  )  NO (X)  N/A (  )

Explain?  Due to the time of year, the applicant has signed a Winter Agreement. The status of the current septic system is to be determined by July 31, 2024, as per the Winter Agreement. The septic system is to be addressed in the conditions below.

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

Explain? As per the submitted application, the quiet hours to be from 10:30 pm to 6:30 am.

  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 (  )  NO (  )  N/A (X)

Explain?  No signage is proposed as per the submitted application.

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

YES (  )  NO (X)  N/A (  )

Explain?  An adequate vegetative buffer already exists.

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. As per the Winter Agreement, a septic system design or a compliance inspection of the existing system is to be submitted to the Land and Water Planning Office by July 31, 2024.
  1. The maximum occupancy is limited to three (3) individuals as per the submitted application and then may be increased to nine (9) individuals upon completion of one the following actions:
    1. A Certificate of Compliance is issued for a new SSTS. The SSTS design will determine the maximum occupancy allowed.
    2. The dwelling is connected to the Wheeler’s Point Sanitary District.
    3. The current septic system is to be abandoned and replaced with a or b above, by December 31, 2025.
  1. The established quiet hours are from 10:30 pm to 6:30 am as per the submitted application.
  1. Parking along State Highway 172 Northwest is prohibited.
  1. If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

February 13, 2024 _____________________________________

Date Cody Hasbargen

        Chair, County Board

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

FY2024 State of Minnesota Board of Water and Soil Resources Watershed Based Implementation Funding Grant Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to agree to implement the Grant Agreement in accordance with the BWSR policy.

Splashpad

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to conditionally give $35,000.00 to the splashpad committee pending DNR Grant approval.

CLOSED SESSION

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the closed session for Union Negotiation pursuant to MN Statute 13D.03, Sub 1(b).

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.

Union Negotiations

The board discussed the matter of a holiday pay grievance.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to move forward with the mediation process over the request of holiday pay by the non-licensed LELS.

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 11:15 a.m.

Attest: February 27, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen

February 13, 2024

AGENDA

Tuesday, February 13, 2024

TIME TAB

9:00 a.m. #1 Pledge to the Flag

Approval of Agenda

Approve Minutes of January 23, 2024

9:05 a.m. #2 Social Services

  • Claims
  • Cell Phone Stipend

9:10 a.m. #3 Auditor/Treasurer

  • Claims
  • Transfer of Funds
  • Approval of Voyageurs Quote
  • Motion to Appoint Election Judges & Wages

9:15 a.m. #4 LOTW Prevention Coalition

  • Letter of Support

9:25 a.m. #6 Human Resources

  • Permission to Hire PT Dispatch
  • Set Work Session

9:30 a.m. #7 Public Works

  • Updates
  • Approval of Bid SAP 039-599-004
  • Approval of Bid SAP 039-599-005
  • Resolution to Accept Bridge Funds
  • Approval of Bid SAP 039-598-072
  • Resolution to Accept Bridge Funds
  • Permission to Bid SAP 039-635-012
  • Extended Warranty on 210 G Excavator
  • Purchase of Aluminum Box Culverts for Bridge Replacements
  • Purchase of Belly Dump

9:45 a.m. #8 Boat & Water Grant

9:55 a.m. #9 Land & Water

  • IUP #21-02IU-Walleye Empire, LLC
  • FY2024 State of MN. Board of Water & Soil Resources Watershed Based Implementation Funding Grant Agreement

10:10 a.m. #10 Juvenile Detention Alternatives Initiative (JDAI)

10:30 a.m. #11 Closed Session

  • Resolution Open/Close
  • Union Negotiation-MN Statute 13D.03, Sub 1(b)
  • Motion Open/Close

11:00 a.m. #12 Adjourn

Old/New Business

  • Lessard –Sams Outdoor Heritage Council/Outdoor Heritage Fund
  • Land Trade
  • Township Road Inventory
  • Law Enforcement Center
  • Unused Wells

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January 23, 2024

January 23, 2024

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously approve the agenda with the following changes: Add: NWA Post Office Correspondence, Safeboat Donation, IT Issues.

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 January 9, 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 $5,268.98; Commissioners Warrants $785.96; Commissioners Warrants $14,814.29.

Transfer of Homeless Funds

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the transfer of $50,000.00 from the social services fund monies received from a state funded homeless prevention grant to the Baudette Housing Authority to increase capacity of local housing through infrastructure/building.

Approval of Child Crisis Response Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Child Crisis Response Contract between Stellher Human Services and Lake of the Woods County Social Services.

Mobile Children’s Dental Clinic

Social Services Director Amy Ballard informed the board that Children’s Dental Services has agreed to provide 3 mobile clinics in Lake of the Woods County in 2024. The mobile clinic will be held in the County Commissioner’s Room in the Government Center until an alternative site is found. The mobile dental clinic will be open to all ages.

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 $100,612.27; Road & Bridge $93,982.50; Solid Waste $20,969.02; EDA $1,572.18. 

WARRANTS FOR PUBLICATION

Warrants Approved On 1/23/2024 For Payment 1/26/2024

Vendor Name Amount

Cenex Co-Op Services, Inc. 14,005.47 

Compass Minerals America 13,955.57 

Farmers Union Oil Co. 2,625.23 

Integris LLC 2,159.90 

John Deere Financial 3,245.60 

Joy Brandt Painting 28,800.00 

Larkin Hoffman Attorneys 28,819.00 

Lavalla Sand & Gravel Inc 57,690.50 

LOW Soil & Water Cons. Dist. 20,000.00 

Northern Light Region 3,715.25 

Quadient Finance USA Inc. 3,000.00 

Rainy Lake Oil, Inc 2,513.50 

Short Elliott Hendrickson, Inc 8,727.60 

U.S. Bank Equipment Finance 6,268.50 35

Payments less than 2000 21,609.85

Final Total: 217,135.97

Further moved to authorize the payment of the following auditor warrants: January 10,2024 for $77,105.89; January 17, 2024 for $111,110.95; January 16, 2024 for $324,392.49; January 16, 2024 for ($1,853.50).

Human Resources

Case Aid I to Case Aid II

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve Sheri Stebakken to move from Case Aid I at Grade 8, Step 10, $23.27 per hour to Case aid II at Grade 9, Step 10, $24.50 per hour at 224 points effective next full pay period.

Splashpad

Mayor Rick Rone discussed the City of Baudette’s involvement with and support of the splashpad project.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various projects for highway and solid waste departments.

Correspondence

The board reviewed correspondence about the Northwest Angle Post Office.

County Road Discussion

Yulia Bogdanova and Alex Butler came to the board to discuss the road access to their property. No action was taken by the board at this time.

Sheriff

Deputy Ben Duick informed the board that the State of Minnesota DNR has offered to donate a 2013 Safeboat that may require some repairs.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to accept the donation of a 2013 Safeboat from the State of Minnesota DNR.

Remove From Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to remove IT issues from the agenda.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-01-04

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, the Lake of the Woods County Board of Commissioners wishes to meet with its attorney to discuss an ongoing investigation pertaining to sensitive data, which data could be construed as confidential/private pursuant to the Minnesota Data Practices Act; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board of Commissioners to hold a public discussion with its attorney regarding the ongoing investigation and its legal position; and

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

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

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

The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.05, subd. 3(b), are the legal strategy of the Board regarding the ongoing sensitive data investigation.

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.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-01-05

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, while not yet served, 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 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 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. 

Motion

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

Correspondence

The board reviewed correspondence from Arrowhead Library.

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 11:00a.m.

Attest: February 13, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen

January 2, 2024

January 2, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, January 2, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

Election of Chair and Vice Chair 

County Auditor/Treasurer, Lorene Hanson called for nominations for Chair for Lake of the Woods County Board for the year 2024. Commissioner Joe Grund nominated Commissioner Cody Hasbargen for Chair with Commissioner Ed Arnesen seconding the nomination. County Auditor/Treasurer called for nominations two more times.

Chair
Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to close the nominations for Chair.

County Auditor/Treasurer, Lorene Hanson called for a roll call for Commissioner Cody Hasbargen for Chair.  Roll call carried as follows: All in favor: Commissioners: Jon Waibel, Cody Hasbargen, Ed Arnesen, Joe Grund and Buck Nordlof.  Against:  None.  Commissioner Cody Hasbargen assumed the position of Chair of the Lake of the Woods County Board of Commissioners for 2024.

Vice – Chair

Chair Cody Hasbargen called for nominations for the position of Vice-Chair for the year 2024.  Commissioner Joe Grund nominated Commissioner Jon Waibel for Vice-Chair for Lake of the Woods County Board with Commissioner Buck Nordlof seconding the nomination. Chair Cody Hasbargen called for nominations two more times.  


Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the nominations for Vice-Chair.  

Chair Cody Hasbargen called for a roll call for Commissioner Jon Waibel for Vice-Chair.  Roll call carried as follows: All in favor: Commissioners, Jon Waibel, Cody Hasbargen, Ed Arnesen, Joe Grund and Buck Nordlof.  Against:  None.  Commissioner Jon Waibel assumed the position of Vice-Chair of the Lake of the Woods County Board of Commissioners for 2024.

Approval of Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following changes: Add: ARPA Update, Northwest Angle Update

OFFICIAL COUNTY NEWSPAPER BID-OPENING

Chair Cody Hasbargen called for the bid opening at 9:10 a.m. for the Official Legal Newspaper for the year 2024.
The following Resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and unanimously moved for adoption:                                                      
 RESOLUTION AUTHORIZING
OFFICIAL LEGAL NEWSPAPER for YEAR 2024Resolution No. 2024-01-01WHEREAS, Lake of the Woods County Board of Commissioners per Minnesota Statutes 279.08 called for legal bids for the official newspaper for the year 2024WHEREAS, upon opening all bids, Lake of the Woods County designates the Northern Light Region as the official legal newspaper for the year 2024;WHEREAS, the Northern Light Region, as the official legal newspaper for the year 2024, is awarded the first publication of the annual financial statement at $8.00 per standard advertising unit, (no other bids received, therefore no second publication required);WHEREAS, the Northern Light Region, as the official legal newspaper for the year 2024, is awarded the first publication of the notice and list of the real estate remaining delinquent taxes on the first Monday of January, at $8.00 per standard advertising unit and; WHEREAS, the Northern Light Region, as the official legal newspaper for the year 2024, is awarded the second publication of the notice and list of the real estate remaining delinquent taxes, at $8.00 per standard advertising unit, and;BE IT RESOLVED, Lake of the Woods County Board of Commissioners further designates the Northern Light Region for all other legal publishing, not specified above, for the year 2024. 

Lake of the Woods County
Bid Tabulation
Legal Publishing 
Year 2024
January 2, 2024
Per Standard Advertising Unit
Financial StatementDelinquent Tax ListAll Other Publications
1st Publ.2nd Publ1st Publ2nd Publ   
Northern Light Region
PO Box 1134
  8.00        8.008.008.008.008.00
Baudette, MN  56623
218-634-2700
Award To:
Official Legal Newspaper
Northern Light Region
1st Publ/Financial Stmnt
8.00 
2nd Publ/Financial Stmnt If applicable8.00N/A 
1st Delinq Tax List
8.00       
2nd Delinq Tax List
8.00         
All Other
8.00 

County Auditor/treasurer

Bank Signature Cards

RiverWood Bank Signature Cards

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to authorize County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Connie Nesmith and Chair Cody Hasbargen to sign the RiverWood Bank signature cards for account numbers 6443,6484,3846,8645.

RiverWood Bank Signature Cards

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to authorize County Auditor/Treasurer Lorene Hanson and Deputy Auditor/Treasurer Connie Nesmith to sign the RiverWood Bank signature card for account number 8645 and investments.

Border Bank Signature Cards

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to authorize County Auditor/Treasurer Lorene Hanson and Deputy Auditor/Treasurer Connie Nesmith to sign the Border Bank signature card for account number 2404.

RiverWood Bank Motor Vehicle Checking Account

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to authorize County Auditor/Treasurer Lorene Hanson, Deputy Auditor/Treasurer Erik Tange, Deputy Auditor/Treasurer Anna Sanchez, Deputy Auditor/Treasurer Connie Nesmith and Deputy Auditor/Treasurer Chelsea Anderson for account number 6450.

Official Depositories

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to designate the following institutions as Official Depositories of county funds for the year 2024:

  1. RiverWood Bank, Baudette Branch
  2. Border Bank, Baudette Branch
  3. Multi Bank Securities

It was further moved to designate RiverWood Bank, as the official safekeeping Institution for Lake of the Woods County.  

Elected Officials – Minimum Salaries

County Auditor/Treasurer, Lorene Hanson presented the 2024 Minimum Salaries for Elected Officials to the board for approval.

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

Resolution For

Establishing Minimum Salaries for Elective Offices

Resolution No. 2024-01-02

WHEREAS, M.S. 388.18, Subd. 2, (County Attorney), M.S. 386.015, Subd. 2b, (County Recorder), and M.S. 387.20, Subd. 2b, (County Sheriff), requires the County Board, at the January meeting prior to the first date on which applicants may file for County elective offices, to establish minimum annual salaries to be paid to the respective office holders at the term next following;

THEREFORE, BE IT RESOLVED, that the following statutory minimum annual salaries are hereby established for county elective offices for the term beginning in January of the year 2024:

County Attorney: $96,646.56

County Recorder: $73,464.80

County Sheriff: $81,974.56

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

Approval of 2024 Committees

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following committees for the year 2024:

2024 ASSOCIATION OF MINNESOTA COUNTIES (AMC)

Ag Task Force: Commissioner Jon Waibel; Alternates: Commissioners;

Environmental and Natural Resources: Commissioner Ed Arnesen; Alternates: Commissioners;

General Government: Commissioner Buck Nordlof; Alternates: Lorene Hanson and Commissioners;

Health and Human Service: Commissioner Joe Grund and Amy Ballard; Alternates: Commissioners;

PILT Advisory: Commissioners and Josh Stromlund;

Public Safety: Commissioner Cody Hasbargen; Alternate: Commissioners

Transportation and Area Transportation Alliance: Commissioner Jon Waibel and Anthony Pirkl; Alternates: Commissioners;

2024 COUNTY RELATED COMMITTEES

Airport Commission:  Commissioner Cody Hasbargen and Commissioner Jon Waibel;

Border Coalition/Passports: Commissioner Ed Arnesen, Commissioner Jon Waibel, Sue Ney and Jill Olson;

Building and Safety Committee: Commissioner Jon Waibel, Commissioner Buck Nordlof, Anthony Pirkl, Peder Hovland, Lorene Hanson, Amy Ballard, one from Law Enforcement, and Safety Director;

Continuity of Operation Plan (COOP): Jill Olson and Commissioners;

County Extension Committee: Commissioner Ed Arnesen, Commissioner Cody Hasbargen, Lorene Hanson.  Additional Members: Tabitha Ubel, Kenneth Horntvedt, Dean Thompson, Colleen Stanton, Nyla O’Connell and Sandy Peterson. Extension Members: Brenda Nelson, Lisa Loegering and Karen Santl. 

County TV:  Commissioner Joe Grund, Commissioner Ed Arnesen, Kent Christianson, Lorene Hanson, Peder Hovland and Jill Olson;

Data Privacy Administrator: Savanna Slick; Lorene Hanson; Michelle Moren

Department Head Liaison: Chair/Commissioner Cody Hasbargen; Alternates: Commissioners;

Department Liaisons:  

Assessor – Commissioner Joe Grund;

Land and Water Planning Office – Commissioner Buck Nordlof;

Attorney – Commissioner Buck Nordlof; 

MIS – Commissioner Ed Arnesen; 

Sheriff – Commissioner Jon Waibel; 

Social Services – Commissioner Cody Hasbargen; 

Recorder – Commissioner Buck Nordlof; 

Highway – Commissioner Ed Arnesen; 

Auditor/Treasurer – Commissioner Cody Hasbargen; 

H/R – Commissioner Jon Waibel; 

County Surveyor- Commissioner Joe Grund;

Veterans Service Officer – Commissioner Cody Hasbargen; 

Tourism Bureau- Commissioner Ed Arnesen; 

Wheelers Point Sewer- Commissioner Jon Waibel;

Economic Development Authority- Commissioner Cody Hasbargen

Department of Natural Resources: Commissioner Ed Arnesen and Commissioner Jon Waibel;

Drainage Committee: Commissioner Ed Arnesen, Commissioner Joe Grund, Byron Tviet, Anthony Pirkl, Josh Stromlund, Dennis Johnson, Marshall Nelson and SWCD Representative;

Enhanced 911 Committee: Commissioner Buck Nordlof and Commissioner Jon Waibel, Eric Solo, Gary Fish, Jill Olson and other local appointees;

GIZIIBII: SWCD Representative Corryn Trask;

Grievance Committee: Chair/Commissioner Cody Hasbargen , Michelle Moren, Savanna Slick, Daryl Fish, Josh Stromlund and Angie Eason; Alternate: Commissioner Jon Waibel;

Information Systems/Technology Committee: Commissioner Joe Grund, Commissioner Cody Hasbargen, Peder Hovland, Josh Stromlund, Boyd Johnson, Lorene Hanson, Craig Severs and Michelle Moren; 

Insurance Committee: Commissioner Ed Arnesen, Commissioner Jon Waibel, Amy Ballard, Lorene Hanson, Sue Ney, Ben Duick and Savanna Slick;

Jail Committee: Commissioners, Gary Fish, Anthony Pirkl, Michelle Moren, Tami Mauer, Peder Hovland and Lorene Hanson;

Joint Drainage Authority: 

JD22: Commissioner Joe Grund-District 3, Commissioner Ed Arnesen-District 5, Commissioner Jon Waibel-District 4; 

JD 62: Commissioner Joe Grund- District 3, Commissioner Ed Arnesen-District 5, Commissioner Cody Hasbargen-District 2; 

Labor/Management Committees: Commissioner Ed Arnesen, Commissioner Cody Hasbargen, Savanna Slick; Alternate: Commissioner Buck Nordlof;

Lake of the Woods Affordable Housing/Loan Committee: Commissioner Buck Nordlof, Sue Ney, Alisa Jacobsen and Lorene Hanson; Alternate:  Commissioner Cody Hasbargen;

Law Library:  Commissioner Ed Arnesen, Michelle Moren to appoint and Chief Judge to appoint;

Legislative Committee:  Commissioner Ed Arnesen, Commissioner Jon Waibel.

Motor Pool Committee: Commissioner Jon Waibel, Lorene Hanson, Jodi Ferrier, Alisa Jacobsen, Josh Stromlund, Peder Hovland; Alternate:  Commissioner Cody Hasbargen;

Opioid Committee: Commissioner Joe Grund, Kay Schell (Public Health), Doris Knutson, Sandy Peterson (County Prevention Coalition), Craig Severs (Law Enforcement), Jodi Ferrier (Social Services), Michelle Moren (Attorney), Lake of the Woods School, and Lakewood Health;

Ordinance Committee: Commissioner Ed Arnesen, Commissioner Jon Waibel, Michelle Moren, Gary Fish,Josh Stromlund, Mike Hirst; 

Park Commission: Commissioner Cody Hasbargen, Commissioner Ed Arnesen, Anthony Pirkl and Joe Laurin; Alternate: Commissioner Jon Waibel;

Personnel Committee (combined Compensation Plan and Personnel): Commissioner Buck Nordlof, Commissioner Ed Arnesen, Savanna Slick, Sue Ney, Anthony Pirkl, Christine Hultman, Lorene Hanson and Daryl Fish;   

Public Information Officer: Lorene Hanson; Alternate: Savanna Slick and Michelle Moren;

SHIP Committee: Commissioner Buck Nordlof, Alternate: Commissioner Jon Waibel;

Snowmobile Trails Committee: Commissioner Joe Grund and Commissioner Buck Nordlof;

Solid Waste Committee/Household Waste: Commissioner Cody Hasbargen (as the (NWMNHHW representative for the Joint Powers Agreement), Commissioner Joe Grund, Anthony Pirkl, Tina Rennemo, Lorene Hanson and Alisa Jacobsen; 

Subdivision Controls Committee: Commissioner Ed Arnesen, Josh Stromlund, Alisa Jacobsen, Sue Ney, Peder Hovland and Commissioner of the District involved;

Township Road and Trails: Commissioner Ed Arnesen, Commissioner Buck Nordlof, Anthony Pirkl, Josh Stromlund, Peder Hovland, Boyd Johnson and Alisa Jacobsen;  

Northwest Angle Development: Commissioner Ed Arnesen, Commissioner Cody Hasbargen; Alternates: Commissioners;

Vets Service: Commissioner Buck Nordlof, Commissioner Joe Grund, Legion Commander or Delegate, VFW Commander or Delegate and Rick Rone;

Wellness Committee: Commissioner Buck Nordlof, Angie Eason, Julie Berggren, Savanna Slick, Cassondra Brune;

2024 BOARDS/COLLABORATIVE/COALITION

Arrowhead Library System:  Colleen Stanton (01/01/23-12-31-26); Alternate: Commissioner Buck Nordlof (01-01-22-12-31-25);

Board of Adjustment-/Planning Commission: District 1- David Marhula, District 2-Monica Dohman, District 3- Marshall Nelson, District 4- Tom Mio, District 5-Nancy Dunnell; at large; Ken Horntvedt and Weston Johnson; non-voting Commissioners;

Border Substance Abuse Court and Steering Committee: Commissioner Jon Waibel and Amy Ballard;

Humane Society: Commissioner Joe Grund and Gary Fish;

Headwaters Regional Development Commission: Commissioner Cody Hasbargen and Commissioner Buck Nordlof; Alternate: Commissioner Joe Grund;

Joint Powers Natural Resources Board: Commissioner Joe Grund and Commissioner Cody Hasbargen;

Keep It Clean Committee/Aquatic Invasive Species: Commissioner Ed Arnesen;

Lake of the Woods County Children and Families Collaborative and Prevention Coalition Committee:   Commissioner Joe Grund;

Lake of the Woods Criminal Justice Coalition and Children’s Justice Initiative: Commissioner Cody Hasbargen;

Lutheran Social Service Board: Commissioner Buck Nordlof and Amy Ballard; Alternate: Commissioner Jon Waibel;

Mid-State Co-op: Delegate #1 – Peder Hovland, Delegate #2 – Alisa Jacobsen;

Minnesota Counties Computer Co-op: Delegate #1 – Peder Hovland, Delegate #2 – Lorene Hanson; Alternate: Michelle Moren; 

Minnesota Counties Intergovernmental Trust: Commissioner Jon Waibel; Alternates: Commissioner Buck Nordlof and Lorene Hanson;

Minnesota Rural Counties Caucus: Commissioner Ed Arnesen; Alternates: Commissioners;

North Country Community Health Board:  Commissioner Joe Grund (term expires 12/31/25) and Tom Mio (term expires 12/31/26) these are three-year terms; Alternate: Cody Hasbargen

North Country Community Health Services Advisory Committee: re-appoint Commissioner Joe Grund (term expires 12/31/25) and Tom Mio (term expires 12/31/25) these are two-year terms; Alternate: Cody Hasbargen

Northern Coalition Regional Charging Network: Cody Hasbargen

Northern Counties Land Use Coordinating Board: Commissioner Ed Arnesen and Josh Stromlund; Alternates: Commissioner Buck Nordlof and Commissioner Cody Hasbargen;

Northwest Board of Aging/Area Agency: Commissioner Cody Hasbargen and Amy Ballard; Alternates: Commissioner Jon Waibel;

Northwest Community Action:  Commissioner Ed Arnesen and Commissioner Jon Waibel; Alternates: Commissioners;

Northwest Minnesota Juvenile Center Board: Amy Ballard (term expires 12/31/2026, appointed in 2023).  This is a four-year term;

One Watershed/One Plan: Commissioner Ed Arnesen; Alternate: Commissioner Buck Nordlof;

Rainy Rapid River Board: Commissioner Cody Hasbargen and Josh Stromlund; Alternate: Commissioner Joe Grund;

Red River Valley Development Association:  Commissioner Ed Arnesen and Ken Horntvedt;

Regional Advisory: Jill Olson;

Rainy Rapid Water Shed One Plan Committee: Commissioner Cody Hasbargen, Commissioner Ed Arnesen, Nancy Dunnell; John Sonstegard;

NW Emergency Communications Board: Commissioner Ed Arnesen; Alternates: Commissioner Cody Hasbargen and Jill Olson;

SWCD District Committee: Commissioner Joe Grund and Josh Stromlund; Alternate Commissioner Jon Waibel;

Housing & Redevelopment Authority of Baudette: Commissioner Cody Hasbargen; Alternate Commissioner Buck Nordlof.

Joint Jail Koochiching County Committee: Commissioner Jon Waibel, Commissioner Cody Hasbargen, Sheriff Gary Fish, Tami Mauer, Michelle Moren, Lorene Hanson; Alternate: Craig Severs.

DITCH AUTHORITY

Motion

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

Ditch Assessments

The following Ditch Assessments were recommended by the Ditch Authority and presented to the County Board for 2023:

  • CD 1: $22,800.00
  • CD 2: $882.40
    • JD 16: $8,500.00
    • JD 24: $16,000.00
    • JD 26: $24,000.00
    • JD 28:  $50,000.00
  • JD 22:  $4,800.00 (Joint Ditch with Roseau County)
  • JD 62: $16,900.00 (Joint Ditch with Roseau County)

Motion 

Motion was made by Commissioner Ed Arnsen, seconded by Commissioner Joe Grund  and carried unanimously to close the Ditch Authority meeting and reconvene the regular meeting.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the recommendations of the Ditch Authority to set the 2023 Ditch Assessments as follows: County Ditch 1-$22,800; County Ditch 2-$882.40, Judicial Ditch 16 Outlet Fee- $8,500; Judicial Ditch 24- $16,000; Judicial Ditch 26- $24,000; Judicial Ditch 28-$50,000; Judicial Ditch 22-Joint Ditch with Roseau-$4,800; Joint Ditch 62 with Roseau-$16,900.

Set County Road Tour/Ditch Meeting Date

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to set the county road tour date and the annual ditch meeting date for October 23, 2024 with the time being determined at a later date.

ARPA Update

County Auditor-Treasurer Lorene Hanson gave an update on ARPA funds.

NORTHWEST ANGLE UPDATE

County Auditor-Treasurer Lorene Hanson informed the board that the checks for the forgivable loans were sent out on December 29, 2023 for a total of $2,100,000.00, the amount approved during 2023 legislation.

ADJOURN

Motion

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

Attest: January 9, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen

December 28, 2023

December 28, 2023

The Lake of The Woods County Board of Commissioners met in regular session on December 28, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Vice-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: Ed Arnesen, Cody Hasbargen, Buck Nordlof, Jon Waibel, and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously approve the agenda with the following changes: Add: Sick Leave Pay, Amend Meeting Minutes.

APPROVAL OF MINUTES WITH AMENDMENT

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of December 12, 2023 with an amendment to the 2024 Board Meeting Dates to change the date from August 13,2024 to August 6, 2024.

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 $5,513.85; Commissioners Warrants $1,257.52; Commissioners Warrants $35,378.54.

CMH SCREENING GRANT
Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the CMH screening grant contract for mental health screening services.

LIFECARE BEHAVIORAL HEALTH CONTRACT

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Lifecare Behavioral Health Contract for Clinical Supervision and for Chair Ed Arnesen to sign the same.

MERIDIAN SERVICES INC CONTRACT

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the contract with Meridian Services Inc, for contracted case management services and for Chair Ed Arnesen to sign the same. 

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $96,033.74; Road & Bridge $5,682.86; County Development $400.00; Natl Resc Enhanc $3,537.50; Solid Waste $122,043.22. 

WARRANTS FOR PUBLICATION

Warrants Approved On 12/28/2023 For Payment 12/29/2023

Vendor Name Amount

Barr Engineering Co. 3,973.00 

Clark Equipment Co Dba Bobcat 104,229.33 

Cps Technology Solutions 3,995.00 

LOW Soil & Water Cons. Dist. 29,235.00 

Motorola Solutions, Inc 33,475.76 

Msop-Mn Sex Offender Prgrm-462 2,921.90 

Rinke-Noonan 3,737.50 

Thortsen Trucking, Inc/Dale 3,496.00 

U.S. Bank Equipment Finance 6,268.50 

 University Of Mn 15,437.69 

 35 Payments less than 2000 20,927.64

Final Total: 227,697.32

Further moved to authorize the payment of the following auditor warrants: December 13, 2023 for $65,412.70; December 20, 2023 for $476,387.02; December 27,2023 for $32,585.09; December 27,2023 for $352,951.00; December 26,2023 for (81.79).

Salaries

2024 Elected Officials & Non-Elected Department Heads Salaries

Motion 

Motion was made by Commissioner Cody Hasbargen to adopt the following County Commissioners salaries schedule and County Board Chair salary schedule for the year 2024; and to adopt a committee meeting per diem of $125.00 for the year 2024.  The motion was seconded by Joe Grund and the same being put to a vote, was unanimously carried.

Elected Officials – Commissioners:

Commissioners                 $24,000                        

Board Chair                      $25,000         

Motion was made by Commissioner Buck Nordlof to adopt a Technology Fee of $50.00 per month for County Commissioners for the year 2024. (Technology fee reimbursement for county related phone, internet, computer and copy expenses.)  The motion was seconded by Jon Waibel and the same being put to a vote, was unanimously carried.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and unanimously carried to approve the 2024 Salary Grade Table, with an increase of 2.75% to the table.

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and unanimously carried to adopt the following Elected Officials salary schedule for the year 2024.  

Elected Officials – Department Heads:

Interim County Attorney      $ 103,000.00 (plus mileage)

County Recorder                  $   89,624.96

County Sheriff                      $ 103,710.08

Motion was made by Commissioner Jon Waibel to adopt the following Non-Elected Department Heads salary schedule for the year 2024.  The motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.  

Non-Elected – Department Heads:

Assessor                              Alisa Jacobsen            $   81,031.36    

Aud/Treas                        Lorene Hanson       $ 109,893.28

Land/Water                         Josh Stromlund           $   98,302.40

MIS Director                       Peder Hovland            $   96,562.72

Public Works                      Anthony Pirkl                 $ 140,000.00    

Social Service                     Amy Ballard              $   98,281.44

Motion was made by Commissioner Buck Nordlof to adopt the following Non-Elected Department Heads salary schedule for the year 2024.  The motion was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried.  

Non-Elected – Department Heads:

Human Resources           Savanna Slick                  $   36,019.76          

Veterans Service             Rick Rone                        $   28,998.16

Salary Adjustment, as agreed upon per Union Contract

Motion- Highway Union

Motion was made by Commissioner Cody Hasbargen to adjust all full time Highway Union employees’ salary by a 2.75% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2024.  Motion was seconded by Commissioner Joe Grund and the same being put to a vote, was unanimously carried.

Salary Adjustment, as agreed upon per Union Contract

Motion- Solid Waste Union

Motion was made by Commissioner Joe Grund to adjust all full time Solid Waste Union employees’ salary by a 2.75% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2024.  Motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.

All County Employees (Full time/Permanent Part Time/Part Time/Seasonal Employees) Salary Adjustment (Excluding Elected and Non-Elected Department Heads) 

Motion- Non-Union

Motion was made by Commissioner Cody Hasbargen to adjust all non-union employees: full time, permanent part time, part time and seasonal (excluding elected and non-elected department heads) salaries by a 2.75% general adjustment and by 1 merit step, if applicable (not maxed), effective January 1, 2024.  Motion was seconded by Commissioner Buck Nordlof and the same being put to a vote, was unanimously carried.

Health Insurance/Health Care Savings Plan

Motion (motion made 10/24/2023)

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to set the 2024 county contribution for family health insurance up to $1395 per month and single health insurance up to $1045 per month.  The Public Employees Insurance Program “Advantage Plan” consists of “High”, “Value” and “HSA” plans.  For the HSA plans only, any excess county contribution will be deposited directly into the employee’s health savings account, up to the IRS caps.  

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set the 2024 county contribution for family health insurance up to $1395 per month for all Highway Union and Solid Waste Union employees.  The International Union of Operating Engineers Local No 49 AFL-CIO health insurance consists of family coverage only.

Motion 

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve that all PERA eligible Lake of the Woods County employees contribute one percent (1%) of their regular pay (no overtime) into their Health Care Savings Plan (HCSP); in addition, Lake of the Woods County, as employer, will contribute one percent (1%) of the employee’s regular pay (no overtime) to the same all PERA eligible Lake of the Woods County employees.

Motion to Pay Year End Bills

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the payment of year end bills on December 29, 2023.

IRS Mileage Rate

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the 2024 Standard IRS Mileage rate for business miles at .67 cents per mile.

Resolution for Year End Commitments

Resolution

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

RESOLUTION

YEAR END COMMITMENT OF FUNDS

RESOLUTION NO. 23-12-06

WHEREAS, per Lake of the Woods County Fund Balance Policy, the County Board will annually or as deemed necessary commit specific revenue sources for specified purposed by resolution;

NOW, THEREFORE, BE IT RESOLVED, the Lake of the Woods County hereby commits the following reserves with the amounts to be determined at a later date: Building; Community Health; Elections; Health/Medical; Housing Rehabilitation; Land & Building Acquisitions; Sheriff’s Posse; Sheriff’s Vending Commission; Technology; Transit; Drainage Maintenance; Economic Development; Prepaid Fiber; SANE; Snowmobile Trails; Future Equipment, and Future Budget Expenditures; Borderland DUI Drug Court; Wetland Banks; ARPA Funds; Opioid Funds; CARRSA, USDA Funds; Day Care-Deed; Landfil Cap.

Transfer of Ditch Funds

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to transfer ditch funds to ditch 22 to cover a temporary overage.

Election Polling Places Resolution

Resolution

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

A Resolution Re-stablishing County Precincts and Polling Places

Resolution 23-12-07

WHEREAS, the legislature of the State of Minnesota has been redistricted; and

WHEREAS, Minnesota Statutes, Section §204B.14, subd. 3(d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first;

NOW, THEREFORE, BE IT RESOLVED that Lake of the Woods County Board of Commissioners, State of Minnesota hereby reestablishes the boundaries of the voting precincts and polling places as follows:

Precinct 1A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 1A consists of that portion of Baudette Township that lies East of the Winter Road River and East of County Road 75, south of where it intersects the Winter Road River; North of Krull St; and West of the City of Baudette.

Precinct 2A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 2A consists of that portion of Gudrid Township that lies outside of the City of Baudette.

Precinct 2C (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 2C consists of the Townships of Boone, Rapid River, Swiftwater, Unorganized 158-30, Keil, and Unorganized 157-30.

Precinct 3A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 3A consists of the Townships of Victory, Rulien, Walhalla, and that portion of Spooner that lies outside of the City of Baudette.

Precinct 3C (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 3C consists of that portion of McDougald Township that lies South of State Trunk Highway 11, not including the City of Williams.

Precinct 3D (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 3D consists of Potamo Township and the Forest Area.

Precicnt 4A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 4A consists of Wheeler Township.

Precinct 4B (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 4B consists of Wabanica Township and that portion of Baudette Township that lies West of the Winter Road River and West of County Road 75, south of where it intersects the Winter Road River.

Precinct 4C (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 4C consists of that portion of McDougald Township that lies North of State Highway 11.

Precinct 5A (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 5A consists of Myhre, Chilgren, Lakewood, and Prosper Townships.

Precinct 5B (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 5B consists of Zippel Township.

Precinct 5C (Mail Ballot — Lake of the Woods Government Center, 206 8th Ave SE, Baudette)

Precinct 5C consists of the Northwest Angle and Islands.

Attached to this resolution, for illustrative purposes, is a map showing said precincts and the location of each polling place.

The resolution was seconded by Commissioner Buck Nordlof the same being put to a vote, was unanimously carried.

Lost Warrant Affidavit

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the application for lost warrant #40114.

Motion to Rescind Painting Quote from Minutes of 11/14/2023

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to rescind the painting quote motion from 11/14/2023 minutes.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the quote from Joy Brandt Painting in the amount of $29,800.00 to paint the interior of the courthouse building. 

LOW Youth Hockey-LG 220 Exempt Permit Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the LOW Youth Hockey-LG 220 Exempt Permit as presented.

Phone Stipend

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a phone stipend for Appraiser Kristina Roth in the amount of $60.00 per month.

Credit Card Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve a County Credit Card for Appraiser Kristina Roth in the standard amount of $1500.00.

Snowmobile Grant-in-Aid

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the LOW Drifters Grant-in-Aid trail permit.

Resolution to Accept IDC Funds

Resolution

RESOLUTION TO ACCEPT FUNDS FROM IDC

Resolution No. 23-12-08

The following resolution was offered by Commissioner Jon Waibel and moved for adoption:

WHEREAS, Lake of the Woods County Commissioners hereby approves the acceptance of two funds from the IDC for the Economic Development Authority.

NOW THEREFORE, BE IT RESOLVED, that in accordance with the terms set forth by the IDC, the funds will be used for Economic Development Purposes

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

ARPA Funds

County Auditor-Treasurer Lorene Hanson gave an update on ARPA funds.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to pay for the purchase of a 2023 chassis in the amount of $120,702.00 out of ARPA funds.

NWA Postal Service

The board discussed options for the Northwest Angle Postal Service.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session for NWA public work on January 23, 2024 following the regular board meeting.

Sick Leave Policy 

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to accept the sick leave policy contingent upon the County Attorney effective January 1, 2024.

County TV

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the contract agreement with KC Tech LLC contingent upon the County Attorney.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof  and carried unanimously to approve the request to pay KC Tech LLC from July 2023 through December 2023 for services rendered.

Northern Tier Propane

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

RESOLUTION APPROVING

NORTHERN TIER PROPANE SYSTEM

Resolution No. 2023-12-05

WHEREAS, Lake of the Woods County Board met on December 28, 2023; and,

WHEREAS, Northern Tier Propane, LLC (an LLC organized and existing through the laws of Minnesota with the sole member being Coop Service, Inc of Baudette) has built and is operating a new propane distribution system to serve residential and commercial customers in unincorporated areas within Baudette, Wabanica and Wheeler townships in Lake of the Woods County; and,

WHEREAS, the Lake of the Woods County Board finds that addition of a propane distribution system within the County does enhance overall utility service for its customers; and

WHEREAS, Northern Tier Propane has appeared before this Board and has provided assurances that it has obtained all necessary regulatory approvals for construction and operation of the propane distribution system from applicable regulatory agencies including: 1) the Minnesota Office of Pipeline Safety, 2) the Minnesota Department of Transportation, 3) the Minnesota Department of Natural Resources and 4) the Lake of the Woods County Highway Department; and

WHEREAS, Northern Tier propane has agreed to provide periodic progress reports to this Board regarding development, construction and operation of the propane distribution system; 

BE IT RESOLVED, that Lake of the Woods County Board approves of the establishment of a propane distribution system within unincorporated areas of Lake of the Woods County by Northern Tier Propane, LLC as described above.

LOW Tourism

Patrick Plunket and Joe Henry discussed the articles of incorporation and bylaws.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the articles of incorporation contingent upon the County Attorney.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the bylaws contingent upon the County Attorney.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various projects that included: Fema Funds, Northerly Park, and Ditch 1.

Permission to Bid

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to bid 039-598-072.

ADD TO AGENDA
Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to add Ditch 1 Funds to the agenda.

Ditch 1 Funds

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to use funds from Ditch 1 to hire HDR to create a plan for investigating sloughing and erosion on Ditch 1.

Wheelers Sanitation

Wheelers Point Sewer Board Members and Terms

Alan Thompson       Three Year Term     21 Thru 01/02/2024

Marshall Monk        Three Year Term     21 Thru 01/02/2024

Brian Ney                Three Year Term     23 Thru 01/02/2026

Paul Johnson           Three Year Term     23 Thru 01/02/2026

Justin Ferguson       Three Year Term     19 Thru 01/02/2025

Motion

Motion was made by Jon Waibel, seconded by Cody Hasbargen and carried unanimously to appoint Alan Thompson and Marshall Monk to the Wheeler’s Point Sanitary District Board for a three year term beginning January 2, 2024 thru January 2, 2027. 

EDA Board Member Appointment

Resolution

The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to adopt the following resolution:

Re-Appointment of Terms of the economic development authority

Resolution 23-12-09

Whereas Lake of the Woods County Board, pursuant to MN Statute §469.093, Subd.1 has provided a public notice and conducted a public hearing on September 14, 2010 to consider the creation of an Economic Development Authority and adopted the Enabling Resolution creating the same; and

Whereas the County Board of Commissioners of the County of Lake of the Woods adopted the following:

The EDA shall consist of a governing body of nine (9) members, as per the adopted Enabling Resolution, of which: Five (5) Sitting Commissioners, Lake of the Woods County Board of Commissioners

Four (4) Members shall be nominated by the following organizations and appointed by the County Board:

Industrial Development Corporation (IDC) to recommend appointment

Chamber of Commerce to recommend appointment

Lake of the Woods Tourism to recommend appointment

City of Baudette to recommend appointment

The Board Members and 6-year terms are established as follows:

Board Member Term Expires Representing

Steve Theis Jr. 12/31/2023 City of Baudette

James “Buck” Nordlof 12/31/2023 County Board District 1

Jeff Bauers 12/31/2024 IDC

Paul Johnson 12/31/2024 Tourism Board

Ed Arnesen 12/31/2025 County Board District 5

Jon Waibel 12/31/2025 County Board District 4

Brittney Peterson 12/31/2026 Chamber of Commerce

Cody Hasbargen 12/31/2027 County Board District 2 

Joe Grund 12/31/2028 County Board District 3

Whereas the City of Baudette member is to be replaced;

Now, therefore, be it resolved that the County Board of Commissioners of the County of Lake of the Woods hereby rappoints the following board members for a 6-year term;

Board Member              Term Expires Representing

Steve Theis Jr.       12/31/2029 City of Baudette

James “Buck” Nordlof      12/31/2029 County Board District 1 

MIS

Approval of Logging Quotes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the quotes from SHI, Splunk, and Bytespeed for a total amount of $52,966.00 out of ARPA funds.

Old/New Business

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to remove Home Health Care Task Force from old/new business.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to add Unused Wells to old/new business.

Correspondence

The board congratulated Commissioner Jon Waibel on the birth of his baby girl, and County Engineer Anthony Pirkl on the birth of his baby boy both born recently.

Adjourn

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at 11:23 a.m.

Attest: January 9, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen

December 21, 2023

December 21, 2023

EMERGENCY MEETING

The Lake of The Woods County Board of Commissioners met in an emergency meeting on December 21, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Vice-Chair Cody Hasbargen called the meeting to order at 5:30p.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Cody Hasbargen, Jon Waibel, and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson, MIS Director Peder Hovland, and Systems Administrator John Butenhoff. Joining by Phone: Commissioner Ed Arnesen, Commissioner Buck Nordlof, and County Attorney Michelle Moren.

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.

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. 2023-12-04

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, the Lake of the Woods County Board of Commissioners wishes to meet with its attorney to discuss an ongoing investigation pertaining to sensitive data, which data could be construed as confidential/private pursuant to the Minnesota Data Practices Act; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board of Commissioners to hold a public discussion with its attorney regarding the ongoing investigation and its legal position; and

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

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

  1. The Lake of the Woods County Board of Commissioners hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b);
  2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.05, subd. 3(b), are the legal strategy of the Board regarding the ongoing sensitive data investigation.

Motion

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

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to adjourn the meeting at 6:10p.m.

Attest: December 21, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chair Cody Hasbargen

December 12, 2023

December 12, 2023

The Lake of The Woods County Board of Commissioners met in regular session on December 12, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously approve the agenda with the following changes: Add: County TV Translators, NorthWest Angle Forgiveable Loans, Part-time Deputy.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of November 28, 2023.

Opioid Bylaws

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Opioid Bylaws as presented.

Update Opioid Committee

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried to add a representative from Lake of the Woods School and Lakewood Health to the Opioid Committee. 

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $16,683.65; Commissioners Warrants $2,445.28; Commissioners Warrants $9,005.90.

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 $69,429.36; Road & Bridge $68,320.93; Joint Ditch $1,000.00; Solid Waste $31,834.19; EDA $2,823.15. 

WARRANTS FOR PUBLICATION

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

Vendor Name  Amount

Auto Value Baudette 2,879.43

Baudette/City Of 6,000.00

Braun Intertec Corporation 5,425.00

ByteSpeed, LLC 3,250.00

Cenex Co-Op Services, Inc. 8,185.46

Counties Providing Technology 4,204.00

Farmers Union Oil company 2,344.92

Government Management Group, Inc 3,750.00

Guardian Fleet Safety 21,514.67

Hoffman, Philipp & Martell, PLLC 5,460.00

Howard’s Oil Company 2,051.32

Ironhide Equipment Inc 5,083.70

KGM Contractors Inc 28,520.80

KRIS Engineering Inc 7,559.04

Liberty Tire Recycling, LLC 5,155.70

Mar-Kit Landfill 12,024.50

Moren/Law Offices Of Patrick D 8,725.00

R & Q Trucking, Inc 2,444.00

65 Payments less than 2000 38,830.09

Final Total: 173,407.63

Further moved to authorize the payment of the following auditor warrants: November 28, 2023 for $529,270.59; November 28,2023 for ($604.68); November 28, 2023 for ($903.36); November 28, 2023 for ($3,303.49); November 29, 2023 for $813,963.62; December 6, 2023 for $60,313.13.

Con-Con Fund Application Review

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the allocation request from Lake of the Woods Senior Citizens Council, Inc in the amount of $5,000.00 from the Con-Con funds, Lake of the Woods County development year 2024.

Memorandum of Understanding

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the Memorandum of Understanding between the State of Minnesota Ninth Judicial District, Borderland Treatment LKW Court, and Lake of the Woods County in the amount of $16,000.00 for the year 2024.

Donation from The Family of Roger Birkeland

The Lake of the Woods County Board thanks the Roger Birkeland family for their generous donation to veteran transportation services.

Resolution

Pursuant MN DONATION TO LAKE OF THE WOODS COUNTY

Stat. § 465.03

Resolution No. 23-12-01

The following resolution was offered by Commissioner Jon Waibel and moved for adoption:

WHEREAS, Lake of the Woods County Commissioners pursuant MN Stat. § 465.03 (gifts to counties) hereby accepts a donation from the family of Roger Birkeland for Veterans Transportation in the amount of $110.00.

NOW THEREFORE, BE IT RESOLVED, that in accordance with the terms set forth by the family of Roger Birkeland, the donors, the funds will be used to support veterans travel and transportation services.

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

Cigarette License-Midwest Dabbin Cabin

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen to approve the cigarette license for Midwest Dabbin Cabin. Voting for: Commissioners: Jon Waibel, Cody Hasbargen, Buck Nordlof, and Joe Grund. Voting against: Commissioner Ed Arnesen. Motion passed.

Permission to Advertise for Legal Publishing Bids

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof to approve the request to advertise for Legal Publishing Bids.

2024 Board Meeting Dates

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the 2024 County Board Meeting dates as follows:

2024 LAKE OF THE WOODS COUNTY BOARD MEETING DATES

January

Tuesday, January 2 (Organizational Meeting)             9:00 a.m. Government Center, Commissioners Room

Tuesday, January 9 9:00 a.m. Government Center, Commissioners Room

Tuesday, January 23 9:00 a.m. Government Center, Commissioners Room

February

Tuesday, February 13 9:00 a.m. Government Center, Commissioners Room

Tuesday, February 27 8:15 a.m. Lake Of The Woods School (TBD)

March

Tuesday, March 12 9:00 a.m. Government Center, Commissioners Room

Tuesday, March 26 9:00 a.m. Government Center, Commissioners Room

April

Tuesday, April 9 9:00 a.m. Government Center, Commissioners Room

Tuesday, April 23 9:00 a.m. Government Center, Commissioners Room

May

Tuesday, May 14 9:00 a.m. Government Center, Commissioners Room

Tuesday, May 28 9:00 a.m. Government Center, Commissioners Room

June

Tuesday, June 11 9:00 a.m. Government Center, Commissioners Room

Monday, June 17 6:00 p.m. Board Of Equalization

Tuesday, June 18 10:00 a.m. NWA

Tuesday, June 25 9:00 a.m. Government Center, Commissioners Room

July

Tuesday, July 9 9:00 a.m. Government Center, Commissioners Room

Tuesday, July 23 9:00 a.m. Government Center, Commissioners Room

August

Tuesday, August 20 9:00 a.m. Government Center, Commissioners Room

Tuesday, August 27 9:00 a.m. Government Center, Commissioners Room

September

Tuesday, September 10 9:00 a.m. Government Center, Commissioners Room

Tuesday, September 24 9:00 a.m. Government Center, Commissioners Room

October

Tuesday, October 8 9:00 a.m. Government Center, Commissioners Room

Tuesday, October 22 9:00 a.m. Government Center, Commissioners Room

November

Tuesday, November 12 9:00 a.m. Government Center, Commissioners Room

Tuesday, November 26 9:00 a.m. Government Center, Commissioners Room

December

Tuesday, December 17 9:00 a.m. Government Center, Commissioners Room

Tuesday, December 17 6:00 p.m. TNT MEETING

Friday, December 27 9:00 a.m. Government Center, Commissioners Room

LAKE OF THE WOODS COUNTY COMMISSIONERS MAY BE ATTENDING THE FOLLOWING:

AMC JOINT LEGISLATIVE CONFERENCE: February 21-22 in St. Paul

AMC LEADERSHIP CONFERENCE: March 27-March 29 in Nisswa

AMC DISTRICT 2 MEETING: UNKNOWN DATE May or June

AMC POLICY COMMITTEE: September 11-13 in Alexandria

AMC ANNUAL CONFERENCE: December 9-11 in Bloomington

LAKE OF THE WOODS ECONOMIC DEVELOPMENT AUTHORITY MEETINGS

Lake of the Woods County Board of Commissioners will be attending these meetings on the 3rd 

Thursday of the month at 6:00 p.m. in the Commissioners Room at the Government Center

Land Lease Review

The board reviewed a land lease between Lake of the Woods County and Brian Powers for approximately 13 acres of the tillable portion of Parcel #18.2342.000.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to terminate the land lease due to conditions not being met per the agreement and to no longer lease this portion of land moving forward.

Permission to Advertise for Bids

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request to advertise for bids for Translators for County TV.

Northwest Angle Forgivable Loan 

Resolution

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

COUNTY OF LAKE OF THE WOODS

RESOLUTION NO. 23-12-02

A RESOLUTION TO APPROVE ESTABLISHING A FORGIVABLE LOAN PROGRAM FOR REMOTE RECREATIONAL FACILITIES IN LAKE OF THE WOODS COUNTY AND TO CONFIRM ELIGIBILITY

WHEREAS, in May of 2023, the Minnesota Legislature approved HF Bill 2826 (“Amended Special Law”) amending Minn. Stat. Minnesota Session – Laws 2021, 1st Special Session, Chapter 10, Article 1, Section 2, Subd. 2(z) and Article 2, Section 24; and

WHEREAS, on May 23, 2023, the bill was presented to Governor Timothy Walz and was subsequently approved by Governor Walz on May 24, 2023, and filed with the Minnesota Secretary of State on May 24, 2023; and,

WHEREAS, said amended law provides for an extension of a Forgivable Loan Program for Remote Recreation Facilities in Lake of the Woods County, which facilities were negatively impacted by the Covid-19 pandemic; and

WHEREAS, pursuant to the requirements of the Special Law, as amended, Lake of the Woods County has established a loan program to make forgivable loans to eligible remote recreational businesses that experienced a loss in revenue that is greater than 30% during the time period between March 15, 2021  and March 15, 2022, as compared with the pre-Covid-19 pandemic time period.

WHEREAS, the purpose of the Special Law as amended and the manner in which funds are to be administered are as follows:  To provide emergency recovery support to small businesses located in the Northwest Angle of Lake of the Woods County adversely impacted by the COVID-19 pandemic. The Lake of the Woods County Northwest Angle Forgivable Loan Program consists of up to $2.1 million appropriated by the State of Minnesota through grant contract SPAP-23-0094-P-FY24. Funds will help businesses recoup revenue lost by the border closure. The Forgivable Loan Program was made possible by legislation under Minn. Stat. Minnesota Session – Laws 2021, 1st Special Session, Chapter 10, Article 1, Section 2, Subd. 2(z) and Article 2, Section 24, which empowers the State to enter into a grant agreement with Lake of the Woods County. The grant amount shall be up to $2.1 million. Lake of the Woods County has authorized the Lake of the Woods Economic Development Authority (EDA) to administer the program. The EDA is receiving administrative assistance from Headwaters Regional Development Commission; and,

WHEREAS, the Amended Special law provides that loans shall be made before December 30, 2023; and,

WHEREAS, as of December 7, 2023, Lake of the Woods County commenced making applications available to eligible businesses; and, 

WHEREAS, at a regular Board meeting held on December 12, 2023, the Board of Commissioners of Lake of the Woods County reviewed and discussed the Amended Special Law; and, 

WHEREAS, following discussion and by unanimous vote of all of the members of the Lake of the Woods County Board of Commissioners, the Forgivable Loan Program for businesses at the Northwest Angle was approved for the second year of the Covid-19 shutdown, pursuant to the language passed by the MN Legislature of 2023, and, 

WHEREAS, the Board of Commissioners directed chief clerical officer, Lorene Hanson, Lake of the Woods County Auditor-Treasurer to file with the Secretary of State of Minnesota, a certification stating the essential facts necessary to validly approve the Amended Special Law including a copy of the Resolution.

NOW THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS, LAKE OF THE WOODS COUNTY, MINNESOTA AS FOLLOWS:

  1. By unanimous vote, the Board of Commissioners of Lake of the Woods County agrees to administer the forgivable loan program for the businesses of the Northwest Angle according to the provisions of the 2023 legislation. 
  1. The chief clerical officer of Lake of the Woods County, Lorene Hanson, Lake of the Woods County Auditor-Treasurer shall forthwith file a certificate with the Minnesota Secretary of State stating the essential facts necessary to confirm County approval of said Amended Special Law. 
  1. Eligibility for the forgivable loans shall be based on an eligible business’s pre-Covid-19 fiscal year gross receipts.
  1. Lake of the Woods County shall make loans to eligible businesses no later than December 30, 2023. Loans shall be forgiven for eligible businesses if the business remains in operation for at least one year after the date of the loan. 
  1. Lake of the Woods County shall provide a report to the legislative committees with jurisdiction over economic development policy and finance on the loans provided to eligible businesses under the special law as amended.

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 12th day of December 2023. 

Land & Water

Consideration of Conditional Use Permit Application #23-19CU by Leach and Associates, LLC

Tract in Government Lot 2 of Section Thirty-four (34), Township One Hundred Sixty-eight (168) North, Range Thirty-three (33) West- Parcel #03.34.24.040. 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 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event. Lake of the Woods is a General Development Lake. 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Conditional Use Permit/Findings of Fact #23-19CU by Leach and Associates, LLC to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event with the following conditions:

  1. CUP also covers any future maintenance.
  2. Follow DNR guidelines for rock rip rap.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant:  Leach and Associates, LLC Date:  December 12, 2023

Location/Legal Description:  Tract in Government Lot 2 of Section Thirty-four (34), Township One Hundred Sixty-eight (168) North, Range Thirty-three (33) West – Parcel ID# 03.34.24.040

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 10 cubic yards of material within the shore impact zone of Lake of the Woods to repair shoreline damage that occurred during the 2022 high water event.

1)  Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )
Why or why not? Shoreline protection.

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

YES (  )  NO (  )  N/A (X)

Why or why not? ___________________________________________________________________________

  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? Shoreline protection.
  1. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (X)  N/A (  )
    Why or why not? Repairing damage that occurred.
  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? Lakeshore.
  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? Project is to prevent further erosion from occurring.
  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? 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.

  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? ___________________________________________________________________________
  2. 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. The Conditional Use Permit covers any future maintenance.
  2. The applicant is to follow the Minnesota Department of Natural Resources installation guidelines for rock rip rap.

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

December 12, 2023 _____________________________________

Date Ed Arnesen

        Chair, County Board

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

Consideration of Interim Use Permit Application #23-011U by Tracy and Sandra Pogue

Lot 1, Block 3, River Oaks Plat, Section One (1), Township One-hundred Sixty-one (161) North, Range Thirty-two (32) West- Parcel ID#25.52.03.010. 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). Johnson Creek is a tributary river segment.

Motion 

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #23-01IU by Tracy and Sandra Pogue 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 maximum occupancy is limited to eight (8) individuals as per the submitted application.
  3. The established quiet hours are from 10:00 pm to 6:00 am as per the submitted application.
  4. No on-street parking is allowed.
  5. If applicable, the 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:  Tracy and Sandra Pogue Date:  December 12, 2023

Location/Legal Description:  Lot 1, Block 3, River Oaks Plat

Project Proposal:  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 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?  The project proposal is located within the Growth Corridor.

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

YES (X)  NO (  )  N/A (  )

If yes, explain?  Applicant has met the criteria as per the submitted application.

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

Explain?  This type of use is allowed in a Residential (R1) Zoning District.

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

Explain?  Property has access to Oak Harbor Drive Northwest.

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

Explain?  Applicant indicates parking on site as per the submitted application. No on street parking is to be allowed.

  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 maximum number of occupants is limited to eight (8) people as per the submitted application.

  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 new system has received a COC and is sized accordingly for the maximum occupancy.

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

Explain?  As per the submitted application, the quiet hours are 10:00 pm to 6:00 am.

  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 (  )  NO (  )  N/A (X)

Explain?  No signage is proposed as per the submitted application.

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

YES (  )  NO (X)  N/A (  )

Explain?  No fencing and/or screen is warranted.

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 eight (8) individuals as per the submitted application.
  3. The established quiet hours are from 10:00 pm to 6:00 am as per the submitted application.
  4. No on-street parking is allowed.
  5. If applicable, the applicant must meet the Minnesota Department of Health requirements.

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

December 12, 2023 _____________________________________

Date Ed Arnesen

        Chair, County Board

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

Mowing of County Property

Land & Water Director Josh Stromlund discussed property located in Section 21, Township 159, Range 30 (Rapid River Township). No action was taken at this time.

Buffer Law Compliance

Land & Water Director Josh Stromlund informed the board that an Administrative Penalty Order will be sent out to several landowners that are out of compliance.

Human Resources

Permission to Hire Appraiser

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the request to hire Kristina Roth as an Appraiser in the Assessor’s Office at Grade 12, Step 1, $23.47 per hour at 280 points effective December 18, 2023.

Law Enforcement Labor Services Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the 2024 Law Enforcement Labor Services Contract effective January 1, 2024.

Part-time Deputy Approval

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to increase hours for on call Part-time Deputy Jon Foss to Permanent Part-time Deputy Sheriff at 30 hours per week effective January 1, 2024.

Ditch Authority

Review 2024 Ditch Assessments

Motion

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

The Ditch Authority reviewed the proposed 2024 Ditch assessments. 

Motion

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

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various Highway and Solid Waste projects.

Final Payment SAP 039-608-026

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the final payment of SAP 039-608-026 for KGM Contractors, Inc. of Angora, MN in the total amount of $4,466,680.39 and hereby authorize final payment of $447,802.27.

County Road Access Discussion

Yulia Bogdanova and Alex Butler came to the board to discuss issues their family is having accessing a road to their property. They would like to come to a peaceful solution with their neighbors. It was the consensus of the board to move forward in prescribing the road access, inform the other parties, and bring back to the board when everything is ready for final motions.

Recess

The Meeting was called to recess at 11:05 a.m. and reconvened at 6:00 p.m.

Truth In Taxation Meeting

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 for Truth In Taxation meeting at 6:00p.m. Members present, Commissioners Joe Grund, Buck Nordlof, Jon Waibel, and Ed Arnesen. Others present, County Auditor/Treasurer Lorene Hanson, Gloriann Fischer, Jim Frohreich, Steve Plovie, Jon Starren, and Julie Starren.

County Auditor/Treasurer Lorene Hanson reviewed the 2024 Proposed County Levy at the Truth In Taxation Public Hearing. 

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 at 6:45 p.m.

Resolution

Resolution Adopting

Certified 2024 Budget and Tax Levy

Resolution   2023-12-03

The following Resolution was proposed and moved for adoption by Commissioner Joe Grund:

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

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

Revenue Fund $ 2,116,712

Road & Bridge Fund $    500,000

Social Services Fund         $    603,935

Economic Development Authority Fund   $      60,000

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

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

Twp Road & Bridge $   476,470*

Twp Fire – Baudette $     26,750

Twp Fire – Williams $     17,101

Twp Fire – NW Angle $       6,500

Total $   526,821

2024

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

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

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

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at 6:50p.m.

Attest: December 28, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen

November 28, 2023

November 28, 2023

The Lake of The Woods County Board of Commissioners met in regular session on November 28, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Vice-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, Buck Nordlof, Jon Waibel, and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. Absent: Commissioner Ed Arnesen.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously approve the agenda with the following changes: Add: Snowmobile Grant-in-Aid, Snowmobile Grant, ATV Grant, Department of Health Grant, 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 November 14, 2023.

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 $8,862.28; Commissioners Warrants $3,940.50; Commissioners Warrants $9,972.59.

Approval of AMHI Joint Powers Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Region 2 Adult Mental Health Initiative Joint Powers Agreement between the following counties: Beltrami, Clearwater, Hubbard, and Lake of the Woods.

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 $128,500.14; Road & Bridge $25,165.55; County Development $200.00; Natl Resc Enhanc $406.00; Solid Waste $28,835.66. 

WARRANTS FOR PUBLICATION

Warrants Approved On 11/28/2023 For Payment 11/30/2023

Vendor Name Amount

AMI Consulting Engineers P.A. 21,500.00

Axon Enterprise,Inc 35,000.00

Counties Providing Technology 4,204.00

Farmers Union Oil Co. 5,031.14

Forum Communications Printing 2,102.51

Integris LLC 2,161.66

Interstate Billing Service Inc 2,894.15

K-Log, Inc 9,889.83

Koochiching Co Treasurer 2,500.00

Larkin Hoffman Attorneys 16,885.00

Marco Technologies LLC 2,378.44

Mn Dept Of Transp 9,127.83

North East Technical Service,Inc 18,910.05

Pomp’s Tire-Thief River Falls 2,308.80

State Of Minnesota 16,000.00

U.S. Bank Equipment Finance 6,268.50

Verus Corporation 5,100.00

Voyageurs Communications, Inc 2,045.03

29 Payments less than2000 18,800.41

Final Total: 183,107.35

Further moved to authorize the payment of the following auditor warrants: November 21, 2023 for $2,050,825.69.

Approve Rinke Noonan Rates

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024 rates for services from Rinke Noonan.

Approval of Snowmobile Grant-in-Aid 

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the FY 2024 Snowmobile Grant-in-Aid for LOW Drifters/Big Traverse and NW Angle EdgeRiders in the amount of $173,419.54 and for County Auditor-Treasurer Lorene Hanson to sign the same.

Approve Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Affidavit of Lost Warrant #99367 in the amount of $81.79.

Museum Update

Lake of the Woods County Historical Society Executive Director Lindsay Marshall informed the board that she has accepted a position in another county effective December 13, 2023 and gave an update on various projects at the museum.

Public Works

Update

County Engineer Anthony Pirkl gave an update on various projects in Highway and Solid Waste.

Add to Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to add Permission to bid for SAP 039 559 004 and SAP 039 559 005.

Permission to Bid

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to bid for projects SAP 039 559 004 and SAP 039 559 005 to replace two wooden bridges.

LRIP Support Resolution

Resolution

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

LOCAL ROAD IMPROVEMENT PROGRAM

LAKE OF THE WOODS COUNTY SPONSORING AGENCY

For Eighth Ave South East, City of Baudette Project

Resolution No. 2023-11-03

WHEREAS, the City of Baudette is applying to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement for Project- Eighth Ave South East;

BE IT RESOLVED, that Lake of the Woods County agrees to act as the sponsoring agency for the project identified as Eighth Ave South East, seeking Local Road Improvement Program funding and has reviewed and approved the project as proposed. Sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of applicable laws, rules and regulations; and,

BE IT FURTHER RESOLVED, that Lake of the Woods County hereby authorizes County Engineer, Anthony Pirkl to act as agent on behalf of this sponsoring agency.

Transfer Vehicle to the Assessor’s office

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to transfer a 2018 Chevy Silverado from Public Works to the Assessor’s Office.

MIS Update

Systems Administrator John Butenhoff gave an update on the recent shutdown and the implementation of updated security features.

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 MIS following the regular board meeting on December 12, 2023.

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.

Add to Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to add Set Work Session for Tourism to the agenda.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session for tourism on December 13, 2023 at 9:00a.m.

Feedlot Plan Approval

County Feedlot Officer Mike Hirst from SWCD presented the 2024-2025 Minnesota Pollution Control Agency County Feedlot Program Delegation Agreement Work Plan to the County Board of Commissioners.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024-2025 Feedlot Plan.

Sheriff

Department of Health Grant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Department of Health grant in the amount of $68,300.00 for plumbing in the jail.

Approval of ATV Grant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024-2025 two-year ATV grant in the amount of $18,130.00 and for Vice-Chair Cody Hasbargen to sign the same.

Approval of Snowmobile Grant

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2024-2025 two-year Snowmobile grant in the amount of $7,070.00 and for Vice-Chair Cody Hasbargen to sign the same.

Con-Con Fund Application Review

Lake of the Woods County Development Year 2024

Baudette Arena Assoc-$6,000.00; Williams Arena Assoc-$7,000.00; Baudette Community Foundation-Grand Theater-$10,000.00; Friends Against Abuse-$2,500.00; LOW Historical Society-$2,300.00; LOW Humane Society-$7,500.00; Williams Sr Center-$4,000.00; Williams Potato Day-$1,000.00; Williams Public Library-$1,200; Joint Powers Natural Resources Board-$1,000.00; LOW County Fair Association 2023 Taxes-$286.00;LOW School Trap Team-$3,000.00; LOW Sr Fishing-$1,500.00; Take A Kid Fishing-$2,000.00; Widseth Smith Nolting-$16,000.00; Auditing Fees-$1,000.00; Beaver Control-$2,500.00; Drainage-$5,000.00.

Motion

Motion was made by Commissioner Joe Grund, Seconded by Commissioner Jon Waibel and carried unanimously to make allocations to the above organizations from the Con-Con funds, Payable 2024.

Adjourn

Motion

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

Attest: December 12, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chair Cody Hasbargen

November 14, 2023

November 14, 2023

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

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

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

APPROVAL OF MINUTES

Motion

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

SOCIAL SERVICES

Claims

Motion

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

Home Health Task Force

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

Closed Session-Attorney Client Privilege

Resolution

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

RESOLUTION CLOSING BOARD MEETING

Resolution NO. 23-11-01 

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

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

WHEREAS, the Agreement resolved issues prior to litigation; and 

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

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

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

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

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

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

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

Land & Water

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

Northeast Quarter of the Southwest Quarter (NE1/4SW1/4), West of Bostic Creek, Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID# 19.21.31.000. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone of Lake of the Woods and to move more than 50 cubic yards of material outside the shore impact zone of Lake of the Woods for the construction of a dike to protect the property from flooding. Lake of the Woods is a General Development Lake.

Motion

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

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

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

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

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

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

Why or why not?  Shoreland protection.

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

YES (X)  NO (  )  N/A (  )

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

  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 (X)

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

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

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

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

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

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

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

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

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

Why or why not?  Lake of the Woods, Bostic Bay.

  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?  The project will not generate liquid waste. 

  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?  No structures are part of this project. 

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

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

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

  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?  The project does not include storage tanks.

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

  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 signs are 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?  No additional traffic is associated with this project. 

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows: _________________________________________________________

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

November 14, 2023 _____________________________________

Date Ed Arnesen

Chair, County Board

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

Recess

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

Human Resources

Permission to Hire Social Services Intern

Motion

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

Permission to Advertise, Interview, & Hire

Motion

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

Add to Agenda

Motion

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

Donation of Sick Leave

Motion

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

Northwest Community Action

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

Auditor/Treasurer

Claims

Motion

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

WARRANTS FOR PUBLICATION

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

Vendor Name Amount

Barr Engineering Co. 3,973.00

Cenex Co-Op Services, Inc. 16,977.85

DSC Communications 10,777.20

Erickson Engineering Company, LLC 6,427.00

Hoffman, Philipp & Martell, PLLC 9,890.00

Howard’s Oil Company 6,572.23

Interstate Billing Service Inc 2,475.37

John Deere Financial 2,858.41

KGM Contractors Inc 47,000.00

Lake Superior College 2,200.00

LOW Highway Dept 8,677.15

Mar-Kit Landfill 13,630.75

Marco Technologies LLC 4,136.36

Moren/Law Offices Of Patrick D 8,882.20

Naylor Heating & Refrigeration LLC 6,884.85

Pennington County Sheriff Office 21,253.26

Pomp’s Tire-Thief River Falls 20,804.11

R & Q Trucking, Inc 4,277.00

Verus Corporation 9,175.00

Wex Bank 2,585.45

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

Woody’s Service 2,158.41

Ziegler, Inc 13,970.69

61 Payments less than 2000 32,810.93

Final Total: 271,284.72

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

Approve 2024 Appropriation Grant

Resolution

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

SFY 2024 Special Appropriation Grant

Resolution NO. 23-11-02

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

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

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

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

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

Lakewood Nursing Services Agreement 

Motion

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

Cost Allocation

Motion

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

Liquor License- Rainy River Resort

Motion

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

Cigarette License-Midwest Dabbin Cabin by Matthew Winskowski

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

Public Works

Updates

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

Add to Agenda

Motion

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

Auction Bid Awards

Motion

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

Approve final payment SAP 039-622-008 KGM

Motion

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

Permission to Hire Seasonal Employee

Motion

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

MIS

Firewall Purchase

Motion

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

Approve Painting Quote

Motion

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

Adjourn

Motion

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

Attest: November 28, 2023

______________________________ _________________________________County Auditor/Treasurer, Lorene Hanson Commissioner Jon Waibel

October 24, 2023

October 24, 2023

The Lake of The Woods County Board of Commissioners met in regular session on October 24, 2023 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Chair Ed Arnesen called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Ed Arnesen, Cody Hasbargen, Jon Waibel, Buck Nordlof and Joe Grund. Also Present was 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 changed: Add: Permission to Sign Closing Documents. Remove: Hoffman, Phillipp, & Martell, PLLC Audit Exit Review.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of October 10, 2023.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $5,369.60; Commissioners Warrants $1,152.01; Commissioners Warrants $6,473.27.

2024 MFIP Contract

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the 2024 Minnesota Family Investment Program (MFIP) Purchase of Services Contract.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the claims against the County as follows: Revenue $102,989.46; Road & Bridge $162,103.81; County Development $950.00; Joint Ditch $10,900.00; Solid Waste $17,597.43; EDA $1,108.41; Tourism $65,030.89.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/24/2023 For Payment 10/27/2023

Vendor Name Amount

Baudette/City Of 32,100.00

Braun Intertec Corporation 12,581.75

Cenex Co-Op Services, Inc. 8,088.55

Counties Providing Technology 4,204.00

Dentons Dirt Worx, LLC 17,304.50

Dodge of Burnsville Inc 78,318.00

Erickson Engineering Company, LLC 5,117.00

Gamache/Micheal D 9,900.00

John Deere Financial 2,118.80

Lake Superior College 3,150.00

Larkin Hoffman Attorneys 11,725.00

LaValla Electric DBA/Ned 6,746.24

LOW Area Tourism Bureau 32,930.89

Mn Dept Of Transp 5,864.63

Motorola Solutions, Inc 7,094.88

North East Technical Service,Inc 9,362.07

Northwest Mn Multi-County Hra 40,000.00

Outdoors Again 2,072.95

Team Lab 35,406.25

Titan Machinery – Roseau 2,227.25

U.S. Bank Equipment Finance 6,268.50

Wex Bank 2,678.14

40 Payments less than 2000 25,420.60

Final Total: 360,680.00

Further moved to authorize the payment of the following auditor warrants: October 11, 2023 for $41,097.65; October 18, 2023 for $88,544.58

Approval of the State of Minnesota Special Law Authorization

Resolution

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

COUNTY OF LAKE OF THE WOODS

RESOLUTION NO. 23-10-03

A RESOLUTION TO APPROVE STATE OF MINNESOTA SPECIAL LAW AUTHORIZING LAKE OF THE WOODS COUNTY LODGING TAX

WHEREAS, on May 21, 2023 the Minnesota Senate approved Finance HF Bill1938 (“Special Law”) authorizing a special Lake of the Woods County lodging tax.

WHEREAS, on May 23rd, 2023 the bill was presented to Governor Timothy Walz and was subsequently approved by Governor Walz on May 24th 2023 and filed with the Minnesota Secretary of State on May 24th 2023.

WHEREAS, said 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 statute section 469.190;

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 469.190, or the city of Baudette. The total tax imposed under Minnesota Statutes, section 469.190, and this section must not exceed 3%.

To the extent not inconsistent with Minnesota Statutes, section 469.190, this section is governed by Minnesota Statutes, section 469.190.

Revenues derived from taxes imposed under this section 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, for purposes of marketing 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 budget.

EFFECTIVE DATE: this section is effective the day after the governing body of Lake of the Woods County and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions two and three. 

WHEREAS, at a regular Board meeting held on October 24th 2023, the Board of Commissioners of Lake of the Woods County reviewed and discussed the Special Law.

WHEREAS,  following discussion and by unanimous vote of all of the members of the Lake of the Woods County Board of Commissioners, the Special Law was approved.

WHEREAS, the Board of Commissioners directed chief clerical officer, Lorene Hanson, Lake of the Woods County Auditor-Treasurer to file with the Secretary of State of Minnesota, a certification stating the essential facts necessary to validly approve the Special Law including a copy of the Resolution.

NOW THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS LAKE OF THE WOODS COUNTY, MINNESOTA AS FOLLOWS:

By unanimous vote, the Board of Commissioners of Lake of the Woods County accepts and approves the Special Law (HF 1938) which was approved by the Governor on May 24th 2023.

The Chief clerical officer of Lake of the Woods County, Lorene Hanson, Lake of the Woods County Auditor-Treasurer shall forthwith file a certificate with the Minnesota Secretary of State stating the essential facts necessary to confirm valid approval of said Special Law. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 24th day of October, 2023. 

Approval of Insurance Rates

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a $25.00 health insurance single and family cap increase for 2024. 

AIRMED Guardian Flight Contract Renewal

Motion

Motion was made by Commissioner Joe Grund, seconded by Buck Nordlof and carried unanimously to approve the renewal of the AirMed Contract Agreement for 2024.

Approval of Consulting Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Consulting Services Contract between USI Consulting Services Inc. and Lake of the Woods County effective January 1, 2025 to December 31, 2025.

Veterans Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the State of Minnesota Department of Veterans Affairs Grant in the amount of $7,500.00.

Approval to Sign Closing Documents-Land Purchase

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the closing documents for the purchase of the Johnson property and for County Auditor-Treasurer Lorene Hanson and Chair Ed Arnesen to sign the same. 

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various road projects and gave a reminder for the upcoming Solid Waste meeting November 9, 2023 at 9:00 a.m.

Human Resources

Permission to Hire Part-Time Dispatch

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the re-hire of Amanda Peterson as part-time dispatch at Grade 11, Step 3, $23.22 per hour at 253 points effective after November 1, 2023.

Financial Assistance Supervisor Grade Increase

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve a grade increase for Financial Assistance Supervisor Angie Eason from Grade 15, Step 12 to Grade 16, step 12 $35.97 per hour at 369 points.

Social Worker Supervisor Grade Increase

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a grade increase for the Social Worker Supervisor Jodi Ferrier from Grade 18, Step 9 to Grade 19, Step 9 $40.12 per hour at 443 points.

Approval to Advertise, Interview, & Hire- Appraiser

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to Advertise, Interview, & Hire for a full-time Appraiser.

Approval of Grade Increases for Appraiser

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve Grade Increases for Appraiser I, II, & III from Grades 11, 13, 14 to Grade 12 points 280, Grade 14 points 316, Grade 15 points 339.

Approval of Grade Increase for Appraiser Tyler Swanson

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve a grade increase for Appraiser II Tyler Swanson from Grade 13, Step 4 to Grade 14, Step 4 $27.77 per hour at 316 Points effective next pay period.

EDA Director Discussion

The board briefly discussed the recent vacancy of the EDA Director position.

Recess

A brief recess took place at 9:45 a.m. and reconvened at 9:50 a.m.

Ninth District Court

Request for Security Equipment

Court Administrator Pamela Shaw and Judge Dixon came to the board to request specific security equipment to be installed in the court room and court administration office.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the request for three panic buttons, frost/tint on windows, a monitor, and cameras to be paid for out of ARPA funds.

Recess

A brief recess took place at 10:22 and reconvened at 10:40a.m. 

Closed Session-Union Negotiations

Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 23-10-03

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 October 24th, 2023 at 10:40 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.
  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 to Close/Open

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the closed session Union Negotiations MN Statute 13D.03, Sub 1 and open the regular meeting.

Adjourn

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at 11:06a.m.

Attest: October 24, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Ed Arnesen