Lake of the Woods Commissioner Proceedings

April 04, 2023

COMMISSIONER PROCEEDINGS
March 14, 2023

PURSUANT TO MN. STATUTE 331A.01, SUBD. 10

THE PUBLISHED MATERIAL IS ONLY A SUMMARY AND THE FULL TEXT IS AVAILABLE FOR PUBLIC INSPECTION

AT THE LAKE OF THE WOODS COUNTY AUDITOR/TREASURERS’ OFFICE

OR BY STANDARD MAIL OR ELECTRONIC MAIL OR LAKE OF THE WOODS COUNTY

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, March 14, 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: Cody Hasbargen, Buck Nordlof, Jon Waibel, Ed Arnesen and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson.

APPROVAL OF AGENDA Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Credit Card Increase, and Indus School Support.

APPROVAL OF MINUTES Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official minutes of February 28, 2023.

SOCIAL SERVICES Social Services Director Amy Ballard gave a summary of the claims and informed the board that the social worker they intended to hire did not accept the position and this position will be advertised again. Claims Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $15,494.11; Commissioners Warrants $4,926.68; Commissioners Warrants $15,984.26.

Northwest Community Action-Vehicle Repair Program NWCA Family Services Director Sharon Millner discussed the vehicle repair program and how it benefits families in our area by assisting with payments for vehicle repair services. They are requesting the board to contribute up to $15,000 to the program that would be used for families in Lake of the Woods County. Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request for funding with $10,000 paid for by Social Services and $5,000 from the American Rescue Plan funds for a total of $15,000 to support the vehicle repair program in Lake of the Woods County.

Auditor/Treasurer Claims 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 $63,534.10; Road & Bridge $58,087.07; County Development $200.00; Solid Waste $40,108.90; EDA $1,120.01.

WARRANTS FOR PUBLICATION

Warrants Approved On 3/14/2023 For Payment 3/17/2023

Vendor Name Amount

Auto Value Baudette 6,584.88

Cenex Co-Op Services, Inc. 11,391.28

Counties Providing Technology 4,204.00

Deputy Registrar No.75 2,147.02

Esri 28,400.00

Ferrellgas 4,504.76

Howard's Oil Company 3,842.07

Integris LLC 2,560.31

Interstate Billing Service Inc 3,623.29

Lake of the Woods Electric LLC 3,784.08

LOW Highway Dept 5,917.50

Mar-Kit Landfill 12,549.50

Midway Ford Company 32,261.88

Pennington County Sheriff Office 5,155.11

Quadient Finance USA Inc. 4,000.00

R & Q Trucking, Inc 4,277.00

53 Payments less than 2000 27,847.40

Final Total: 163,050.08

Further moved to authorize the payment of the following auditor warrants: March 1, 2023 for $53,724.73; March 6, 2023 for $643,650.77; March 7, 2023 for $437,709.54; March 8, 2023 for $184,112.57.

Set Work Session Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to set a work session for April 25, 2023 following the regular board meeting to discuss ARPA funds.

Advertise Bid Reminder County Auditor/Treasurer Lorene Hanson informed the board that the advertisement to bid for parcel #18.2342.000, approximately 13 acres of tillable land, is ready for publication.

Opioid Resolution Resolution The following resolution was offered by Commissioner Buck Nordlof and moved for adoption:

Resolution Authorizing Lake of the Woods County Staff to Execute All Necessary Documents to Ensure Lake of the Woods County’s Participation in the Multistate Settlements Relating to Opioid Supply Chain Participants, and in the Minnesota Opioids State-Subdivision Memorandum of Agreement.

Resolution 23-03-01

WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are engaged in nationwide civil litigation against opioid supply chain participants related to the opioid crisis; and WHEREAS, the Minnesota Attorney General has signed on to multistate settlement agreements with several opioid supply chain participants, but those settlement agreements are still subject to sign-on by local governments and final agreement by the companies and approval by the courts; and WHEREAS, there is a deadline of April, 18 2023, for a sufficient threshold of Minnesota cities and counties to sign on to the above-referenced multistate settlement agreements, and failure to timely sign on may diminish the amount of funds received by not only that city or county but by all Minnesota cities and counties from the settlement funds; and WHEREAS, representatives of Minnesota’s local governments, the Office of the Attorney General, and the State of Minnesota have reached agreement on the intrastate allocation of these settlement funds between the State, and the counties and cities, as well as the permissible uses of these funds, which will be memorialized in the Minnesota Opioids State-Subdivision Memorandum of Agreement, as amended (the “State-Subdivision Agreement”); and WHEREAS, the State-Subdivision Agreement creates an opportunity for local governments and the State to work collaboratively on a unified vision to deliver a robust abatement and remediation plan to address the opioid crisis in Minnesota;

NOW, THEREFORE, BE IT RESOLVED, Lake of the Woods County supports and agrees to the State-Subdivision Agreement; and BE IT FURTHER RESOLVED, Lake of the Woods County supports and opts in to all future multistate settlement agreements with opioid supply chain participants; and BE IT FURTHER RESOLVED, Lake of the Woods County authorizes County staff to execute all necessary documents to ensure Lake of the Woods County participation in the multistate settlement agreements, including the Participation Agreement and accompanying Release, and in the State-Subdivision Agreement. The resolution was seconded by Commissioner Jon Waibel the same being put to a vote, was unanimously carried.

Set Work Session Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for April 25, 2023 following the regular board meeting to discuss the Opioid funding.

Indus School Support Amy Hasbargen-Hanson and Christine Hultman came to the board seeking a resolution of support to appeal the closure of Indus School. Amy Hasbargen-Hanson informed the board of the issues surrounding the decision to close the school and the impact it will have on our communities. The board took no action at this time and will revisit the issue at a later date.

Land & Water Consideration of Conditional Use Permit #23-02CU by GWE, LLC, on behalf of Thomas Finders The East ½ East ½ NW ¼ NE ¼ , Section Twenty-Seven (27), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID# 19.27.12.010. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow commercial activity consisting of up to six (6) multi-unit storage buildings in a non-shoreland Rural Residential Zoning District (R2). Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following Conditional Use Permit/Findings of Fact by GWE, LLC, on behalf of Thomas Finders as required by Section 401. C of the Lake of the Woods County Zoning Ordinance to allow commercial activity consisting of up to six (6) multi-unit storage buildings in a non-shoreland Rural Residential Zoning District (R2) with the following conditions:

1.) A wetland delineation is required.

2.) Driveway and roads to be approved by the Lake of the Woods County Public Works Department for safety vehicle access.

3.) The Conditional Use Permit is for applicant’s project only, as applied for and terminates in five (5) years if applicant has not constructed at least one (1) unit from date of approval.

4.) No habitation is allowed.

5.) If applicable, a stormwater permit will be required.

6.) No overnight parking or use of the units is allowed.

7.) No outside storage is allowed.

Consideration of Conditional Use Permit #23-03CU by Grant and Savanna Slick

A tract of land located in Government Lot Two (2), Section Twenty-eight (28), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West- Parcel ID# 24.28.22.020. Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District. Rainy River is an agricultural river segment.

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 by Grant and Savanna Slick as required by Section 401.B of the Lake of the Woods Zoning Ordinance to operate a short-term transient rental in a Residential Development (R1) Zoning District with the following conditions:

1.) The Conditional Use Permit terminates upon sale or transfer of property.

2.) The existing sewer system must be upgraded by July 8, 2024.

3.) The conditional approval is contingent upon applicant meeting all other requirements as outlined in the submitted application, such as quiet hours, maximum occupancy, etc.

4.) Must meet Minnesota Department of Health requirements.

Recognition of Mike Hirst Land & Water Director Josh Stromlund informed the board that Resource Conservationist and SWCD member Mike Hirst was the 2023 Larry Kallemeyn Award recipient. This award is voted on by peers and given to an individual that shows significant contributions to research or resource management and outstanding professional achievement in scientific research or resource management.

Rainy River 1W1P MOA & Bylaws Land & Water Director Josh Stromlund gave the board information on the Rainy River Watershed Plan, Memorandum of Agreement and bylaws for their review. This information will be discussed in the upcoming public hearing on April 11, 2023.

Add to Agenda Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to add the Keep it Clean Campaign to the agenda.

Keep It Clean Campaign Land & Water Director Josh Stromlund discussed the Keep it Clean Campaign to keep trash and waste off of the lake and shoreline. Mr. Stromlund informed the board that the SWCD will be writing a letter of support for the campaign and asked the board if they would like to do the same.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to write a letter of support for the Keep it Clean Campaign.

MIS Approval to move to Microsoft 365 Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of Microsoft 365 using American Rescue Plan funds up to $29,634.00.

BCA Requirements MIS Director Peder Hovland and Systems Administrator John Butenhoff informed the board that Lake of the Woods County is not in compliance with the BCA policy regarding the need to monitor logs weekly.

Sheriff Credit Card Increase- Jill Hasbargen-Olson Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to raise the credit card limit for Jill Hasbargen-Olson from the standard amount of $1,500.00 to $5,000.

Recess With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:26 a.m.

Attest: March 28, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen