January 24, 2023

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, January 24, 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 Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Correspondence, Set Public Hearing, EDA Appointment.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of January 10, 2023.

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 $6,515.41; Commissioners Warrants $3,584.82; Commissioners Warrants $12,145.76

Contract Renewal-Schackman, Kramer and Associates

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the contract renewal with Schackman, Kramer, & Associates for medication management.

Border Bank Signature Cards-Child Support Account

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to remove Shelley Pepera from the Border Bank account ending in 4739 and to authorize Sheri Stebakken and Jo Aery to sign the Border Bank signature card for account number 4739 effective March 3, 2023. 

Riverwood Bank Signature Cards-Social Welfare Account

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to remove Shelley Pepera from the Riverwod Bank account ending in 6476 and to authorize Jodi Ferrier and Sheri Stebakken to sign the Riverwood Bank signature card for account number 6476 effective March 3, 2023. 

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 $81,120.16; Road & Bridge $33,102.36; County Development $1,890.08; Natl Resc Enhanc $44.24; Solid Waste $8,373.49; EDA $1290.66.

WARRANTS FOR PUBLICATION

Warrants Approved On 1/24/2023 For Payment 1/27/2023

Vendor Name Amount

Cenex Co-Op Services, Inc. 20,878.48

Counties Providing Technology 5,104.00

Farmers Union Oil Co. 5,079.50

Headwaters Regional Development Commiss 3,500.00

Integris LLC 2,060.75

Larkin Hoffman Attorneys 7,915.00

Motorola Solutions, Inc 16,422.91

Northern Light Region 4,069.00

Pennington County Sheriff Office 20,249.81

Sandpieper Design Inc. 3,660.66

St. Louis County Auditor 2,000.00

U.S. Bank Equipment Finance 6,268.50

Voyageurs Comtronics, Inc 2,640.00

42 Payments less than 2000 25,972.38

Final Total: 125,820.99

Further moved to authorize the payment of the following auditor warrants: January 11,2023 for $56,416.64; January 13, 2023 for ($97.00); January 17, 2023 for $329,168.22; January 18, 2023 for 134,272.08.

Transfer of Funds

Motion

Motion by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and unanimously carried to approve the transfer of funds effective 12/31/2022 from the County Ditch #26 Fund to repay the Revenue Fund for loans in the following amounts:

Ditch 26 Principal Interest Total

Loan #1     540.00         33.22 $     573.22

Loan #2  10,401.60 $530.59 $10,932.19

EDA Appointment

Resolution

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

Re-Appointment of Terms of the economic development authority

Resolution 23-1-5

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

Brock Stebakken 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 appoints the following board member for a 1-year term to complete the term of Brock Stebakken;

Board Member Term Expires Representing

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

Set Public Hearing

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a public hearing date for April 11, 2023 at 10:00 a.m. with Mike Hirst to discuss the Rainy-Rapid Watershed Plan.

Sheriff

Approval of Federal Boat & Water Grant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Federal Boat & Water Grant in the amount of $3,744.00.

Joining the Meeting

Chair Ed Arnesen joined the meeting at 9:20 a.m.

Public Works

County Engineer Anthony Pirkl gave an update on various projects.

Approval of Bid

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the bid from Korby Contracting in the amount of $628,133.20 for SAP 039-598-071.

Permission to Advertise Bid

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to approve the request to advertise for bids for SAP 039-608-026

Approval of Title VI

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve Title VI non-discrimination implementation plan to receive federal funds. 

Permission to Replace Boilers

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of new boilers for Solid Waste for $19,556.99. 

Permission to Purchase New Tools and Safety Equipment for Solid Waste

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the purchase of new tools in the amount of $5,740.66 and safety related items in the amount of $2,269.55.

Tourism Support Resolution

Resolution

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

Lake of the Woods Lodging Tax Collection

RESOLUTION NO. 23-01-04

WHEREAS, counties in Minnesota are not authorized to impose a local lodging tax, pursuant to Minnesota Statutes 469.190, except in the cases of joint powers agreements and on behalf of unorganized township where the county board acts as the unorganized township’s board; and, 

WHEREAS, such a tax of 3% was imposed in certain areas in Lake of the Woods County beginning in 1989, and continues to the present day, but is now only imposed in the unorganized townships of Lake of the Woods County, and the City of Baudette no longer participates in the Tourism Bureau funded by the local lodging tax but may instead impose a separate lodging tax pursuant to Minnesota Statute 469.190; and,

WHEREAS, the revenue raised since the lodging tax’s original inception and the accompanying advertising has resulted in the area becoming an international star in recreational fishing, which in turn has significant impact on businesses throughout northern Minnesota and neighboring counties; and,

WHEREAS, the body of water named “Lake of the Woods”, is under the jurisdiction of Lake of the Woods County until Canadian waters, and is not under the jurisdiction of any city, municipality, or township. A county-wide lodging tax clears up any jurisdictional question imposing a lodging tax on facilities located on the ice during the winter months; and,

WHEREAS, the vast majority of all taxes collected are related resorts and fishing, including ice fishing houses that provide lodging; and,

WHEREAS, the purpose of the lodging tax is to raise revenue to fund a local tourism bureau for the purpose of marketing and promoting the County of Lake of the Woods. 

NOW THEREFORE BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners seeks special legislation authorizing the County to impose a tax of up to three percent (3%) on gross receipts subject to the same rules and laws as the lodging tax allowed under Minnesota Statutes section 469.190. The county-wide tax would not be imposed on any lodging facilities located within the City of Baudette.

Approval of the Memorandum of Understanding

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Memorandum of Understanding between Lake of the Woods County and Koochiching County regarding the housing of inmates.

Correspondence

The board reviewed correspondence from the DNR and Minnkota Power.

Recess

With no further business before the Board, Chair Ed Arnesen called the meeting to recess at 10:12 a.m.

Attest: February 14, 2023

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Ed Arnesen