Lake of the Woods County Board Commissioners Proceedings

September 30, 2024

     COMMISSIONER PROCEEDINGS
                                                                     September 10, 2024     
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
website -www.lake-of-the-woods.mn.us

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

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

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

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

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

    WARRANTS FOR PUBLICATION
Warrants Approved On 9/10/2024 For Payment 9/13/2024
Vendor Name                                       Amount
Baudette Community Foundation           5,000.00
Clay County Sheriff                              2,503.40
Farmers Union Oil company                  2,095.98
Gamache/Micheal D                              44,300.00
Hoffman, Philipp & Martell, PLLC         8,720.00
Larkin Hoffman Attorneys                     14,720.00
Law Offices Of Patrick D. Moren            9,065.73
Mar-Kit Landfill                                   15,084.50
Northern Light Region                            2,328.94
Quadient Finance USA Inc.                    3,000.00
R & Q Trucking, Inc                               5,669.39
SeaChange Print Innovations                  3,479.89
WIDSETH SMITH NOLTING & ASSOC., INC.  5,650.00
                                                        54 Payments less than 2000 28,604.23
                                                                                           Final Total:  150,222.06
Further moved to authorize the payment of the following auditor warrants: September 4, 2024 for $21,191.71; September 4, 2024 for $66,818.31; September 5, 2024 for $262,827.40.

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

Proposed Levy 2024/2025
Resolution
                                                  Resolution Adopting
                                  Proposed 2025 Budget and Tax Levy
    Resolution   2024-09-01
The following Resolution was proposed and moved for adoption by Commissioner Jon Waibel:

WHEREAS, the Proposed County Budget for the year 2025 has been reviewed by the Lake of the Woods County Board of Commissioners; and NOW THEREFORE, BE IT RESOLVED that the following Proposed Budget and Tax Levy is hereby adopted for the Lake of the Woods County for 2025:

                                                                        
Revenue Fund                                               $ 2,254,700
                        Road & Bridge Fund                                    $    520,000
                        Social Services Fund                                     $    620,000
                        Economic Development Authority Fund   $      50,000
                        2025 Proposed Budget and Tax Levy        $ 3,444,700

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

                                                                                                                                                                          Twp Road & Bridge                              $   526,470*

                       Twp Fire - Baudette                           $     28,750
                       Twp Fire - Williams                           $     20,921
                        Twp Fire - NW Angle                         $       6,500
                        Total                                                     $   582,641
2025          

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

A public meeting to discuss the 2025 Proposed Budget and Tax Levy will be held on Tuesday, December 17, 2024, at 6:00 p.m. in the Lake of the Woods County Commissioners’ Room. 
The motion was seconded by Commissioner Joe Grund, and the same being put to a vote, was unanimously carried. 

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

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

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

Sheriff

FY2022 Operation Stonegarden Grant Approval Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the 2022 Operation Stonegarden Grant in the amount of $118,503.00.

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

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

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

Town Road Vacation Set Public Hearing Date
Resolution
The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and the same being put to a vote was unanimously carried. 
 
Resolution to Create an Order Setting forth initial descriptions and setting public hearing date
                                                           Resolution No. 2024-09-02

WHEREAS, the Lake of the Woods County Board of Commissioner, acting as the Town Board for Walhalla Township (unorganized township) in Lake of the Woods County Minnesota was presented a petition and reviewed the same at its regular board meeting on the 10th day of September, 2024, requesting the vacation of a public easement road. WHEREAS, the petition contained a description of the road, the names of the owners over which the road passes, and the point of beginning, general course, and termination of the road proposed to be vacated.

WHEREAS, the portion of the public easement roadway to be vacated is described as: The S1/2SE1/4 of Section 10, T-160-N, R- 32-W EXCLUDING; The southerly 65 feet of the SW1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The southerly 65 feet of the westerly 585 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also,The southerly 90 feet of the easterly 540 feet of the westerly 1125 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, That land laying southerly and easterly of the described line:  Beginning at a point 1125 feet east and 90 feet north of the SW corner of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W, thence northeasterly bearing N 43°54’ E for approximately 175 feet, to a point 78 feet west and 212 feet north of the SE corner of Section 10, T-160-N, R- 32-W and also, The easterly 78 feet of the northerly 578 feet of the southerly 790 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W and also, The easterly 65 feet of the northerly 551 feet of the SE1/4SE1/4 of Section 10, T-160-N, R- 32-W. As fully depicted on attached Exhibit A. WHEREAS,Minnesota Statutes §164.07, subd. 2, requires the Board to make an order describing as nearly as practicable the portion of the road to be vacated, describing the several tracts of land through which the road passes, and fixing a time and place when and where the Town Board will meet and act upon the motion; NOW, THEREFORE, IT IS HEREBY ORDERED: 

1.The portion of the road proposed to be vacated is described above. 2.The several tracts of land through which the road passes and their owners will be notified and proof of notification will be returned to the board.3. The Lake of the Woods County Board of Commissioners, acting on behalf of
unorganized Walhalla Township will conduct a Public Hearing on October 8, 2024, at 10:30 a.m. at the site of the town road proposed to be vacated, located in unorganized Walhalla Township, Lake of the Woods County, Minnesota to examine the road. The board will recess from the viewing of the road and reconvene the Public Hearing at the Board of Commissioners Room, Lake of the Woods County Courthouse, Baudette, Minnesota to receive public comment, consider the proposed action, and act on the motion/resolution. 

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

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

Consideration of Conditional Use Permit #24-03CU by Thomas Flaherty
Lot Six (6), Block One (1), Rivards River Acres, Section Eight (8), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid) - Parcel ID# 31.56.01.060. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of the Rainy River for river access. The Rainy River is an Agricultural River segment.

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

1.)   Erosion control methods must be installed and remain in place until the site is fully vegetated.
2.)   Fabric must be properly installed under the rock.
3.)   Adequate drainage must remain and not blocked.
4.)   Applicant is to obtain MNDNR permit, if required.
Consideration of Conditional Use Permit #24-06CU by Timothy & Kristi Bjerk
Lot Eight (8), Block One (1), Lake Shore Village, Section Six (6), Township One Hundred Sixty-three (163) North, Range Thirty-three (33) West (Prosper) - Parcel ID# 16.59.01.080. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone of Lake of the Woods for a rip rap repair project. Lake of the Woods is a General Development Lake.

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

1.)   Project approval does not include placement of rock or other work on the jetty without approval or authorization from the Minnesota Department of Natural Resources (DNR).
2.)   Applicant is to follow the DNR Guidance document titled “Shoreline Alterations: Riprap”.
3.)   If Applicant does not meet the Guidance document specifications for installation of riprap, applicant must obtain a DNR Public Waters Work Permit.
Wildlife Management Areas-Discussion
Commissioner Joe Grund informed the board of information he received regarding WMA fish and wildlife service lands and the logging affecting timber sales in the area. 

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

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

Attest:                                                                         September 24, 2024
 
______________________________                        _________________________________
Auditor/Treasurer Lorene Hanson                              Chair Cody Hasbargen