Lake of the Woods County Board of Commissioners Proceedings

June 06, 2023

COMMISSIONER PROCEEDINGS
May 9, 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, May 9, 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: Buck Nordlof, Ed Arnesen, Jon Waibel, Cody Hasbargen and Joe Grund. Also present was Auditor-Treasurer Lorene Hanson.

APPROVAL OF AGENDA Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: PILT Letter of Support

APPROVAL OF MINUTES Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official minutes of April 25, 2023.

SOCIAL SERVICES Claims Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $18,025.18; Commissioners Warrants $3,764.21; Commissioners Warrants $7,046.61.

Auditor/Treasurer Claims 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 $31,389.93; Road & Bridge $60,520.67; Social Services $1,300.00; County Development $1,600.00; Solid Waste $26,378.50; EDA $10,765.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 5/09/2023 For Payment 5/12/2023

Vendor Name Amount

Cenex Co-Op Services, Inc. 11,727.62

Farmers Union Oil company 2,236.36

Guardian Fleet Safety 3,685.13

Headwaters Regional Development Commiss 10,765.00

Howard's Oil Company 3,224.76

KRIS Engineering Inc 14,444.04

Lake Superior College 2,075.00

Little Falls Machine, Inc 9,269.25

LOW County Auditor-Treasurer 19,675.62

LOW Highway Dept 4,813.75

Mar-Kit Landfill 11,398.00

Mn Dept Of Transportation 3,159.30

R & Q Trucking, Inc 3,055.00

Rainy Lake Oil, Inc 2,643.03

WIDSETH 2,850.00

53 Payments less than 2000 26,932.24

Final Total: 131,954.10

Further moved to authorize the payment of the following auditor warrants: April 26,2023 for $1,857.75; May 3, 2023 for $66,403.76.

Letter of Support Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to draft a letter of support for Payment In Lieu of Taxes (PILT) legislation.

Legislative Update Commissioner Ed Arnesen gave a legislative update and his time in Washington D.C. that included: Tourism, Williams School, Law Enforcement Building, PILT, and Safe Boat.

Historical Society Lake of the Woods County Museum Director Lindsay Marshall gave an update on various fundraising the Historical Society has done in an effort to raise money for a new roof. It was the consensus of the board to discuss the remaining balance for the Lake of the Woods County Museum roof in the ARPA work session following the meeting.

Snowmobile Trail Updates Lake of the Woods Drifters representatives Mariah Mollberg, and Randy Orton and NWA Edgriders representative Joe Laurin gave the board an update on various trail projects and the equipment used to groom the trails. They also informed the board of rerouted trails do to the swamps.

Fire Department Air Compressor Request Brad Levasseur updated the board on a need for a new air compressor for the Baudette Fire Department that could expand the capability of air capacity during a structure fire. He presented quotes for an estimate of what a new air compressor would cost for the fire department. It was the consensus of the board to discuss this request during the ARPA work session following the meeting.

Public Works County Beaver Bounty Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to raise the County Beaver Bounty from $45.00 to $75.00 based on the average of surrounding areas effective immediately.

Approval of CaCl Bids Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the calcium chloride bid from Knife River in the amount of $147,060.00 for the mainland and the bid from Forts Distributors in the amount of $38,400 for the NWA.

Handicap Toilet at Boy Scout Park Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve a handicap accessible toilet at the boy scout park for the summer season in the amount of $1000.00.

Updates County Engineer Anthony Pirkl discussed the missing dock at Clementson park, the need to include Williams school mowing in the parks budget, the possibility of using FEMA dollars to repair damaged roads, brushing at the NWA, and spring clean-up.

JD 62 Bill County Engineer Anthony Pirkl informed the board that there is a brushing bill for JD 62 in the amount of $2,079.00. Roseau County will receive the bill.

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

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the payment to Roseau County for Lake of the Woods County portion of the JD 62 brushing bill.

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

IJC Grant- Southern Shore Barrier Island Study County Engineer Anthony Pirkl informed the board of a survey study of Pine Island that will be used to understand the flow of the water and how to support the island. The IJC Grant if approved will cover the remaining cost of the project, however, Mr. Pirkl is requesting that the board approve up to $21,500.00 in the event the grant application is not approved so the project may continue.

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve up to $21, 500.00 for the Pine Island study in the event the grant does not cover the funds.

Sheriff Stonegarden Sheriff Salary

Resolution

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

AMEND COUNTY SHERIFF SALARY

Resolution No. 23-05-01

WHEREAS, the United States Department of Homeland Security has asked local law enforcement agencies along our Nation’s border to step up border monitoring, pursue joint objectives, and enhance their capabilities for providing border security; and,WHEREAS, in an effort to assist local governments in fulfilling this request, the Department of Homeland Security through the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division, offered “Operation Stonegarden 2021 grant; and, WHEREAS, the Lake of the Woods County Sheriff’s Office is a successful recipient of an Operation Stonegarden 2021 grant; and,

WHEREAS, the Lake of the Woods County Sheriff has undertaken, as additional duties, the responsibility to avail himself and his officers for additional training, or to provide such training for his officers’ himself, for border protection and border security, and the additional duties of improving the distinct capability of the sheriffs’ office as a whole with regard to border security and border patrol as part of a joint mission; and in addition, as and for additional duties, the sheriff will necessarily devote more of his own time to border patrol and border enforcement; and, WHEREAS, the Operation Stonegarden 2021 grant given to assist the Lake of the Woods County Sheriff’s Office in its efforts to secure the border includes the sum of $119,700 and $56,954 of this grant is for salaries. WHEREAS, it is estimated that these additional border security duties will necessitate that the Sheriff expend on average another eight (8) hours per week; and, WHEREAS, through the Operation Stonegarden 2021 grant, all of the additional overtime worked by officers devoted to border security issues is fully reimbursable under the grant, including the cost of officer overtime pay, PERA, Medicare and worker’s compensation, so that the net cost of the additional homeland security duties to Lake of the Woods County is fully reimbursed by the grant. NOW, THEREFORE, BE IT RESOLVED, that the resolution setting the sheriff’s salary, as originally set by this board on December 30, 2022 was $98,404.80 and fringe benefits were $19,828.57, be amended so that the sheriff’s salary is increased by the sum up to $18,815.68 and fringe benefits are increased up to $3,965.71 commencing January 1, 2023 through December 31, 2023, with the increase funding from the Operation Stonegarden 2021 grant contingent upon the following:

1. That the Operation Stonegarden 2021 grant funding be available; and

2. That the Sheriff works, in addition to his regular duties, eight (8) hours per week of said Operation Stonegarden 2021 grant. At such time that the Operation Stonegarden 2021 grant funding is no longer available and/or if the Sheriff is unable to complete the additional eight (8) hours per week of Operation Stonegarden 2021 grant work, the Sheriff’s salary shall return to the original balance set by the board on December 30, 2022 in addition to the accumulated Stonegarden wages earned based on Stonegarden funding available and actual hours worked.

Advertise for Bids- Oil Furnace Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to advertise for bids for the used oil furnace in the storage building.

Declaration of Emergency Emergency Management Director Jill Olson informed the board that the time to submit a declaration of emergency has expired.

Annual Boat & Water Grant Resolution

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

A RESOLUTION AUTHORIZING THE ANNUAL:

BOAT & WATER SAFETY GRANT

Resolution No. 2023-05-02

WHEREAS, under the provisions of M.S. 84.026, M.S.86B.101, the Sheriff of each county is required to carry out the provisions of Chapter 86B, and the boat and water safety rules promulgated by the Commissioner of Natural Resources; and,WHEREAS, M.S. Section 86b.701 and the MN Rules provided for the allocation of funds by the Commissioner to assist in the funding of the Sheriff’s duties. NOW, THEREFORE BE IT RESOLVED that the Chairman, Auditor and Sheriff are hereby authorized to execute the annual county boat and water safety agreement, for the period of January 1, 2023 through June 30, 2024, in the amount of $6,277, and authorize the County Board Chair Ed Arnesen, and County Sheriff Gary Fish to sign the same. The resolution was seconded by Commissioner Cody Hasbargen, and the same being put to a vote, was unanimously carried.

Land & Water Land & Water Planning Director Josh Stromlund presented the follow CUP’s for consideration:

Consideration of Conditional Use Permit #23-04CU by Jason and Christina Draper

A tract of land described as the West 330’ of the S2SE4SE4, Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-three (33) West (McDougald), Lake of the Woods County, Minnesota – Parcel ID# 22.07.44.021. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural Residential (R2) Zoning District. Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #23-04CU by Jason and Christina Draper to operate a short-term vacation rental in a Rural Residential (R2) Zoning District with the following conditions:

1. No rental of property until a Certification of Compliance for the septic system is obtained.

2. The septic system must be sized accordingly for the proposed maximum occupancy as per application.

3. Conditional Use Permit terminates upon sale or transfer of property.

4. All other requirements must be met as per application

5. If applicable, meet Department of Health Requirements.

Consideration of Conditional Use Permit Application #23-05CU by Daniel Crompton

That part of the South 500’ of the SE¼SW¼ lying westerly of Bostic Creek except that part lying within Block 3, of Walleye Retreat Plat, in Section Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler), Lake of the Woods County, Minnesota – Parcel ID# 19.21.34.071. Applicant is requesting a Conditional Use Permit as required by Section 902 of Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of a rip rap project. This portion of Bostic Creek is considered part of Lake of the Woods which is a General Development Lake. Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #23-05CU by Daniel Crompton to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for the purpose of a rip rap project with the following conditions:

1. Must follow DNR standards for rock rip rap.

2. The Conditional Use Permit is only for that portion of the property experiencing active erosion.

Consideration of Preliminary Plat of Hooper Creek West by Hooper Creek Investments, LLC
A parcel of land located in Government Lot (One) 1 and (Five) 5, and that portion of the SE¼NW¼ lying north of Highway 172, all within Section Eighteen (18), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) Parcel ID# 24.18.12.010. Applicant is requesting to create eight (8) tracts for a residential development. The Rainy River is an Agricultural River Segment.

Planning Commission recommends approval of the submitted Preliminary Plat of Hooper Creek West with the following conditions:

Combine Lots 1 and 2.

Address comments submitted by the County Recorder and Public Works Director.

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously with Commissioner Jon Waibel abstaining to approve the request by Hooper Creek Investments, LLC to create eight (8) tracts for a residential development with the following conditions:

1. Combine Lots 1 and 2

2. Address comments submitted by the County Recorder and Public Works Director.

Public Health Nurse Public Health Nurse Kay Schell gave an update to the board about potential uses for Opioid Funds and how other Counties have been using the funds.

Coalition Doris Knutson and Sandy Peterson spoke with the board on various uses for Opioid Funds, how they can help our community and the need for an Opioid committee.

Set Opioid Committee Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to create the Opioid Committee with the following members: Kay Schell, Doris Knutson, Sandy Peterson, Craig Severs, Jodi Ferrier, James Austad, and Joe Grund.

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 11:20 a.m.

Attest: May 23, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen