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COUNTY BOARD

October 13, 2020

Commissioner Proceedings

October 13, 2020

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, October 13, 2020 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

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

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following additions: Stipend Review and County Board Meetings, Agendas and Locations. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized amended minutes of September 8, 2020.

Motion
Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of September 22, 2020.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrant’s $21,223.09 Commissioners Warrant’s $4,251.84, Commissioners Warrant’s $15,550.19.


Approval of MN DHS County Grant Contract

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Minnesota Department of Human Services County Grant Contract with a total grant award of $101,470 and for Lake of the Woods County Social Service Director, Amy Ballard and Lake of the Woods County Attorney, James Austad to sign the same.

COUNTY ASSESOR, MARY JO OTTEN

Reappointment

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

A RESOLUTION APPOINTMENT OF COUNTY ASSESSOR

Resolution No. 2020-10-01

WHEREAS, the County Assessor position is appointed and/or reappointed every four (4) years pursuant MN Statute 273.061, Subd 2; 

BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners does hereby approve the reappointment of Mary Jo Otten for the term of January 1, 2021 through December 31, 2024;

BE IT FURTHER RESOLVED, that the Lake of the Woods County Board of Commissioners recommends that the Commissioner of the Minnesota Department of Revenue (DOR) confirm this reappointment. 

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

Mary Jo Otten, County Assessor, will be required to take an oath of office before January 1, 2021.

LAKE OF THE WOODS COALITION, TAMMIE DOEBLER

Grant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the acceptance of the Comprehensive Addiction and Recovery Act (CARA) Grant from the Substance Abuse and Mental Health Services Administration. This is a four-year grant running October 2020 to September 29th, 2024 for $292,554 each year.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $66,271.45; Road & Bridge $51,313.08; County Development $920; Joint Ditch $4,949; Solid Waste $28,860.89, EDA $44.56.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/13/2020 For Payment 10/16/2020

Vendor Name Amount

BAYCOM, INC. 25,542.00

Cdw Government, Inc 2,718.03

Cenex Co-Op Services, Inc. 3,420.10

Counties Providing Technology 3,751.00

First State Tire Recycling 3,595.33

Howard’s Oil Company 3,292.89

LaValla Electric DBA/Ned 2,300.20

LOW Highway Dept 7,909.00

Mar-Kit Landfill 14,718.50

R & Q Trucking, Inc 2,575.00

SeaChange Print Innovations 3,530.74

Titan Machinery – Roseau 3,482.49

Voyageurs Comtronics, Inc 2,640.00

Widseth Smith Nolting&Asst Inc 3,028.33

Woody’s Service 3,095.82

Ziegler, Inc 28,420.00

77 Payments less than 2000     38,339.55

                                    Final Total: 152,358.98

Further moved to authorize the payment of the following auditor warrants: September 23, 2020 for $371,556.35, September 23, 2020 for $140.15, September 30, 2020 for $287,993.22, October 7, 2020 for $289,567.88, October 9, 2020 for ($140.15), October 9, 2020 for ($16.05), October 9, 2020 for $220,255.69.

Permission to Advertise, Interview and Hire

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously for Lake of the Woods Auditor/Treasurer to advertise, interview and hire for the position of Deputy Auditor/Treasurer – License Clerk-Board Administration, Grade 10, Step 1, $20.33 per hour, pts 253.

Appoint Election Judges

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following election judges for the General (November 3, 2020) Election, effective October 1, 2020, and appoint them to the UOCAVA and Absentee Ballot Boards:  Gretchen Geer, Kris Geer and Anna Sanchez.

Tobacco License

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the tobacco license application to sell cigarettes at retail for Dick’s Headshop in the City of Williams.

Operational Enhancement Grant Program

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

RESOLUTION OF LAKE OF THE WOODS COUNTY

Operational Enhancement Grant Program

Resolution No 20-10-02

BE IT RESOLVED; by Lake of the Woods County Board of Commissioners that the County enter into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to conduct the following Program: County Veterans Service Office Operational Enhancement Grant Program.  The grant must be used to provide outreach to the county’s veterans; to assist in the reintegration of combat veterans into society; to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans; to reduce homelessness among veterans; and to enhance the operations of the county veterans service office, as specified in Minnesota Statutes 197.608 and Minnesota Laws 2019, 1st Special Session, Chapter 10, Article 1, Section 37, Subdivision 2.  This Grant should not be used to supplant or replace other funding.

BE IT FURTHER RESOLVED; by the Lake of the Woods County Board of Commissioners that Rick Rone, the Veterans Service Officer, be authorized to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.

WHEREUPON; the above resolution was adopted at the Lake of the Woods County Board of Commissioners Board meeting this 13th day of October, 2020.

Williams Potato Day Donation Request

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to contribute $500 to the Potato Day Committee from the Revenue Fund.

Flu Vaccine Clinic for County Employees
Motion
Motion was made by Commissioner Buck Nordlof to allow all county employees to receive a flu shot at the expense of the county, the flu vaccine clinic will be scheduled with CHI LakeWood Health and held at the Lake of the Woods Government Center.  Seconded by Commissioner Cody Hasbargen and the same being put to a vote was unanimously carried.

HUMAN RESOURCES

Permission to Hire Custodian II

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to hire Shane Shaw to the position of Custodian II at grade 7, step 6, $18.11 hourly.

Approval of Public Information Request Fee Schedule

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the Public Information Request Fee Schedule as presented.

Stipend Review

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve a $500 stipend for Sandy Peterson and Tami Maurer for the month of October 2020, the stipend will continue to be reviewed monthly.

PUBLIC HEARING: ABATEMENT REQUEST

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the public hearing at 10:00 a.m.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the public hearing and open the regular meeting at 10:25 a.m.

Abatement Resolution

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

RESOLUTION APPROVING PROPERTY TAX ABATEMENTS 

Resolution Number 20-10-03

BE IT RESOLVED by the County of Lake of the Woods of Baudette, Minnesota, as follows:

WHEREAS, the Lake of the Woods County proposes to provide assistance to Linder-Hagen Grocers, Inc. (the Developer) with development cost located within the City (the project) within the County of Lake of the Woods. The County proposes to use the abatement for the purpose provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to five (5) years in an amount not to exceed $42,175. The abatement will apply to the County share of the property taxes (the “Abatement) derived from the property described the following property identification number: 60-5007-080 (the “Property”); and

WHEREAS, on the date hereof, the County Board held a public hearing on the question of the Abatement and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof; and

WHEREAS, the Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (the “Abatement Law”).

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

  1. Findings for the Abatement. The Lake of the Woods County Board of Commissioners hereby make the following findings:
  1. The Board expects the benefits to the County of the Abatement to at least equal or exceed the cost to the County thereof. 
  2. Granting the Abatement is in the public interest because it will
  1. Increase or preserve the tax base in the County; and
  2. Provide employment opportunities in the political subdivision.
  1. The Property is not and will not be located in a tax increment financing district during the       Abatement period.
  2. In any year, the total amount of property taxes abated by the County by this and other abatement resolutions, if any, shall not exceed ten percent (10%) of net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater (the “Abatement Limit”). The County may grant other abatements permitted under the Abatement Law after the date of this resolution,  provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution.
  1. Terms of Abatement.  The Abatement is hereby approved. The terms of the Abatement are as follows:
  1. The Abatement shall be for up to a five (5) year period and shall apply to the taxes payable in the years 2023 through 2027, inclusive.
  2. The County will abate the County share of property tax amount which the County receives from the Property, cumulatively not to exceed $42,175.
  3. The Abatement shall be subject to all the terms and limitations of the Abatement Law.
  4. In accordance with Section 469.1813 of the Act, the County will add to its levy in each year during the term of the Abatement the total estimated amount of current year Abatement granted under the Resolution. 
  5. In order to be entitled to the Abatement, the Developer shall not be in default within the County of any of its payment obligations respecting any taxes, assessments, utility charges or other governmental impositions.
  6. All terms will be subject to approval of a contract for private development between the County and the Developer. 

This Resolution shall become effective immediately upon passage and without publication.

Passed this 13th day of October, 2020 by the Lake of the Woods County Board of Commissioners. 

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

PUBLIC HEARING: AMENDMENT TO LODGING TAX ORDINANCE

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the public hearing at 10:30 a.m.

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to close the public hearing and open the regular meeting at 10:55 a.m.

Ordinance Resolution

The following Resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously.

Lake of the Woods Lodging Tax Collection

Transfer to State of Minnesota Department of Revenue

RESOLUTION NO. 20-10-04

WHEREAS, Lake of the Woods County is authorized to impose a local lodging tax, pursuant to Minnesota Statutes 469.190, and

WHEREAS, such a tax was imposed in certain areas in Lake of the Woods County by Resolution Number 89-04-01, amended by Resolution Number 06-03-03 pursuant to said statute, and

WHEREAS, Lake of the Woods County will transfer the collection of Lodging Tax to the State of Minnesota Department of Revenue effective January 1, 2021 and

WHEREAS, State sales and use tax laws and rules means those provisions of the state revenue laws applicable to state sales and use tax imposition, administration, collection, and enforcement including Minnesota Statutes, Chapters 270C, 289A, 297A, 469A and Minnesota Rules, chapter 8130, as amended from time to time; and

WHEREAS, All the revenues, interest, and penalties collected by the State of Minnesota Department of Revenue, less administration fees, will be remitted to the County and credited to the Lake of the Woods Tourism fund;

NOW THEREFORE BE IT RESOLVED, that the Ordinance Imposing a Tax on Lodging and Repealing in its Entirety Ordinance No 06-03-03, be designated by Ordinance Number 20-10-04.

COUNTY OF LAKE OF THE WOODS, MINNESOTA

Ordinance No. 10-13-04

AN ORDINANCE IMPOSING A TAX ON LODGING 

AND REPEALING IN ITS ENTIRETY 

ORDINANCE NO. 06-03-03

The Board of Commissioners of the County of Lake of the Woods, ordains: 

Section. 1. Authority and purpose. 

Subd. 1. Authority. The County of Lake of the Woods is authorized to impose a tax of up to three percent (3%) on gross receipts subject to the lodging tax under Minnesota Statutes section 469.190.   

Subd. 2. Purpose. The purpose of this Ordinance is to raise revenue to fund a local tourism bureau for the purpose of marketing and promoting the County of Lake of the Woods as a tourist center.

Section 2. Definitions.  The following words, terms, and phrases have the meanings given them in this Ordinance unless the language or context clearly indicates a different meaning is intended.  Minnesota Statutes section 270C.171 is incorporated for definitions in this Ordinance. In any potential conflict between the statute and this Ordinance, the statute shall take precedence. 

Subd. 1. Commissioner.  “Commissioner” means the commissioner of revenue of the state of Minnesota or a person to whom the commissioner has delegated functions.

Subd. 2. County.  “County” means the County of Lake of the Woods, Minnesota.

Subd 3. Lodging and related services.  “Lodging and related services” means lodging and related services by a hotel, rooming house, resort, campground, vacation rental, motel, or trailer camp, including furnishing the guest of the facility with access to telecommunication services, and the granting of any similar license to use real property in a specific facility, other than the renting or leasing of it for a continuous period of 30 days or more under an enforceable written agreement that may not be terminated without prior notice, and including accommodations intermediary services provided in connection with other services provided under this subdivision.

Subd. 3a. Accommodations intermediary. “Accommodations intermediary” means any person or entity, other than an accommodations provider, that facilitates the sale of lodging and related services as defined in subdivision 3, and that charges a room charge to a customer.  The term “facilitates the sale” includes brokering, coordinating, or in any way arranging for the purchase of or the right to use accommodations by a customer.  The term “room charge” means the total sales price paid by the customer for the lodging and related services.

Subd. 3b. Accommodations provider. “Accommodations provider” means any person or entity that furnishes lodging and related services, as defined in subdivision 3, to the general public for compensation.  The term “furnishes” includes the sale of use or possession, or the sale of the right to use or possess.

Subd. 4. State sales and use tax laws and rules.  “State sales and use tax laws and rules” means those provisions of the state revenue laws applicable to state sales and use tax imposition, administration, collection, and enforcement, including Minnesota Statutes, chapters 270C, 289A, 297A, 469A, and Minnesota Rules, chapter 8130, as amended from time to time.

Section. 3.  Local lodging tax imposed; amount of tax; coordination with state sales and use tax laws and rules.  A local lodging tax is imposed in the amount of three percent (3%) on the gross receipts from sales of lodging and related services, as defined in section 2, subdivision 3 of this Ordinance, sourced within County limits which are taxable under the state sales and use tax laws and rules.  All of the provisions of the state sales and use tax laws and rules apply to the local lodging tax imposed by this Ordinance.  The local lodging tax imposed by this Ordinance shall be collected and remitted to the Commissioner by the accommodations intermediary and the accommodations provider on any sale when the state sales tax must be collected and remitted to the Commissioner under the state sales and use tax laws and rules and in the same manner, and is in addition to the state sales and use tax.  

Section 4. Advertising no tax.  It shall be unlawful for any accommodations intermediary or accommodations provider to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the accommodations intermediary or accommodations provider, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. 

Section 5. Use of proceeds.  

Subd. 1. All of the revenues, interest, and penalties derived from the lodging tax imposed by this Ordinance collected by the Commissioner and remitted to the County shall be deposited by the County Auditor in the County treasury and shall be credited to the fund established to pay the costs of collecting the lodging tax imposed by this Ordinance and to fund a new or contract with a Lake of the Woods County Event and Visitors Bureau.

Subd. 2. In accordance with Minnesota Statutes section 469.190, subdivision 3, After the amount charged by the State for collection of the tax, ninety-five percent (95%) of the gross proceeds, derived from the lodging tax imposed by this Ordinance collected by the Commissioner and remitted to the County shall be deposited by the County Auditor in the County treasury and shall be credited to the fund established to pay the costs of collecting the lodging tax imposed by this Ordinance and to fund  a local tourism bureau for the purpose of marketing and promoting the County as a tourist center.

Section 6.  Agreement with the Commissioner.  The County may enter into an agreement with the Commissioner regarding each party’s respective roles and responsibilities related to the imposition, administration, collection, enforcement, and termination of the lodging tax imposed by this Ordinance.  Any such agreement shall not abrogate, alter, or otherwise conflict with the state sales and use tax laws and rules, this Ordinance, or Minnesota Statutes section 469.190.

Section 7. Repealer.  Ordinance No. 06-03-03 of the County of Lake of the Woods duly enacted on the 14th of March, 2006 and published on April 4, 2006, is hereby repealed in its entirety and is of no further force and effect.

Section 8. Effective Date. This Ordinance shall take effect on the first day of publication after adoption and the tax imposed hereunder shall commence on 1st day of January, 2021.

Adopted this 13th day of October, 2020. Lake of The Woods County Board of Commissioners

________________________________ 

Jon Waibel, County Board Chair

Attest:___________________________ 

Lorene G Hanson, County Auditor/Treasurer

ORDINANCE APPROVED ON A RESOLUTION AT THE OCTOBER 13, 2020, REGULAR BOARD MEETING

LAND AND WATER PLANNING

FY2021 State of MN Board of Water & Soil Resources MPCS SSTS Program Grant Agreement

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to authorize Chair, Jon Waibel, to sign the FY2021 State of MN Board of Water & Soil Resources MPCS SSTS Program Grant Agreement with a total grant award of $58,600 and for Land and Water Planning Director, Josh Stromlund, to be the Authorized Representative for the FY2021 State of MN Board of Water & Soil Resources MPCS SSTS Program Grant Agreement.

MAINTENANCE

Cold Storage Building

It was the consensus of the Board to repair damages on the cold storage building at a cost of $1,120.

COUNTY HIGHWAY/LANDFILL

Highway 

Approval of Crushing Bids

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to award the bid for crushing 12,300 cubic yards of gravel to John Pirkl, with a bid of $38,988, $3.17 per cubic yard, and project completion by July 31, 2021.

Setup a date for Railroad Crossing by Pitt Church

Public hearing date set for December 15th, 10:30 a.m. in the Commissioners’ Room.

Permission to Advertise, Interview and Hire Maintenance Supervisor

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously approval to advertise, interview and hire for the position of Maintenance Supervisor at grade 15, step 1, pts 347, $25.42 per hour.

Final of SAP 039-030-003

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the final payment for SAP 039-030-003 for Asphalt Surface Technologies Corporation of St. Cloud, MN in the total amount of $426,456.87 and hereby authorize final payment of $21,322.84.

Amend Agenda

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to add Land Pride Mower Replacement to the agenda.

Land Pride Mower Replacement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve trading in the Land Pride Mower at a trade-in value of $8,500 and purchasing a brush hog at a cost of $20,889, total cost after trade-in of $12,389.

Landfill 

MPCA Update

County Engineer, AJ Pirkl, provided an update regarding his meeting with the MPCA.

Drainage Authority

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting and open the ditch authority meeting at 11:10 a.m.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the ditch authority meeting and open the regular meeting at 11:15 a.m.

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to send a letter to MnDOT regarding Judicial Ditch 20 along Highway 72.

COUNTY BOARD MEETINGS, AGENDAS AND LOCATIONS

It was the consensus for the Board that future joint meetings be held at the Lake of the Woods County Government Center in the Commissioners’ Room with a formal agenda.

CITY OF BAUDETTE

Tourism Joint Powers Agreement

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to form a Tourism Joint Powers Agreement Committee, with two representatives from the Lake of the Woods County Board of Commissioners, two representatives from the City of Baudette Council and two representatives from the Lake of the Woods Tourism Board, of which, one would be appointed by the County and one by the City.  Commissioners Ed Arnesen and Cody Hasbargen will represent the Lake of the Woods County Board of Commissioners on the Tourism Joint Powers Agreement Committee and have appointed Gregg Hennum to represent the Lake of the Woods Tourism Board.

BUDGET WORK SESSION

The budget work session was rescheduled for after the Road Tour on October 15, 2020.

RECESS

With no further business before the Board, Chairman Jon Waibel called the meeting to recess at 12:00 p.m. 

Attest: October 27, 2020

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chairman Jon Waibel