Lake of the Woods County Board Commissioners Meeting Proceedings

January 20, 2025

  COMMISSIONER PROCEEDINGS
                                                                     December 27, 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 Friday, December 27, 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, Joe Grund, Jon Waibel, and Buck Nordlof. Joining by Teams Meeting: Commissioner Ed Arnesen. Also present was County Auditor-Treasurer Lorene Hanson.  

APPROVAL OF AGENDA Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with changes: Add: IT Update, Cannabis Ordinance Resolution, Resignation/Permission to Advertise, Interview, & Hire. Remove: Public Works

APPROVAL OF MINUTES Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the official minutes of December 17, 2024 with the following changes: Correct the 2025 board meeting dates to change November 11th to November 12th due to a holiday, Update the Cannabis Ordinance motion to reflect recommendations.

SOCIAL SERVICES Claims Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the following claims: Commissioners Warrants $4,870.09; Commissioners Warrants $2,228.13; Commissioners Warrants $46,772.50.

2025 Purchase of Service Agreement -Meridian Services, Inc. Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the 2025 Purchase of Service Agreement with Meridian Services,Inc. effective January 1, 2025 to December 31, 2025.

Rural Transportation Collaborative Contract Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the Rural Transportation Collaborative contract for Volunteer Driver Services effective January 1, 2025 to December 31, 2025.

Permission to Advertise, Interview, & Hire
Social Services Director Amy Ballard informed the board that she had received a resignation from Eligibility Worker Cassie Brune and requested permission to advertise, interview, and hire.
Motion
Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the request to advertise, interview, and hire an Eligibility Worker at Grade 11, Step 1, 262 points at $24.89 per hour.

Auditor/Treasurer Claims Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the claims against the County as follows: Revenue $37,742.14; Road & Bridge $27,110.65; County Development $200.00; Joint Ditch $4,291.88; Solid Waste $9,690.11.

WARRANTS FOR PUBLICATION
  Warrants Approved On 12/27/2024 For Payment 12/30/2024
  Vendor Name                                      Amount
  American Solutions For Business         2,138.34
  Clay County Sheriff                             2,473.02 
  Compass Minerals America                11,962.46 
  Computer Integration Technologies      2,624.00
  Interstate Engineering Inc                   11,263.87 
  KC TECH LLC                                   2,925.00 
  Larkin Hoffman Attorneys                   8,602.50 
  Northdale Oil Inc.                               3,460.50 
  Outdoors Again                                   3,978.84 
  Peppermint Creek Services,LLC          2,200.00
  Roseau County Treasurer                     4,291.88
  U.S. Bank Equipment Finance             6,268.50 
38  Payments less than  2000    16,845.87
     Final Total: 79,034.78
Further moved to authorize the payment of the following auditor warrants: December 18, 2024 for $432,889.08; December 23,2024 for $12,246.36.

Motion to Pay Year End Bills Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to approve the payment of year end bills on the Auditors list on December 31, 2024.

IRS Mileage Rate Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the 2025 Standard IRS Mileage rate for business miles at .70 cents per mile.

Resolution for Year End Commitments Resolution
The following resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to approve the following:
    RESOLUTION
                                      YEAR END COMMITMENT OF FUNDS
                                                      RESOLUTION NO. 24-12-04

WHEREAS, per Lake of the Woods County Fund Balance Policy, the County Board will annually or as deemed necessary commit specific revenue sources for specified purposed by resolution;

NOW, THEREFORE, BE IT RESOLVED, the Lake of the Woods County hereby commits the following reserves with the amounts to be determined at a later date: Building; Community Health; Elections; Health/Medical; Housing Rehabilitation; Land & Building Acquisitions; Sheriff’s Posse; Sheriff’s Vending Commission; Technology; Transit; Drainage Maintenance; Economic Development; Prepaid Fiber; SANE; Snowmobile Trails; Future Equipment, and Future Budget Expenditures; Borderland DUI Drug Court; Wetland Banks; Opioid Funds; USDA Funds; Day Care-Deed; Sewer.

EDA Board Member Appointment Resolution
The following resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously by roll call to adopt the following resolution:
Re-Appointment of Terms of the economic development authority
Resolution 24-12-05

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

Steve Theis Jr.                        12/31/2029                  City of Baudette
James “Buck” Nordlof            12/31/2029                  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 rappoints the following board members for a 6-year term;

            Board Member              Term Expires        Representing

Jeff Bauers.                       12/31/2030            IDC
            Paul Johnson                     12/31/2030            Tourism Board 

Wheelers Sanitation Board Member Appointment
                                 Wheelers Point Sewer Board Members and Terms

Alan Thompson       Three Year Term     21 Thru 01/02/2027
Marshall Monk        Three Year Term     21 Thru 01/02/2027
Brian Ney                Three Year Term     23 Thru 01/02/2026
Paul Johnson           Three Year Term     23 Thru 01/02/2026
Justin Ferguson       Three Year Term     19 Thru 01/02/2025

Motion was made by Buck Nordlof, seconded by Jon Waibel and carried unanimously by roll call to appoint Justin Ferguson to the Wheeler’s Point Sanitary District Board for a three year term beginning January 2, 2025 thru January 2, 2028.

Transfer of Funds to Ditch Funds Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to authorize a temporary loan to Ditch Fund 22; to mitigate a temporary negative cash balance.

DNR Lease Agreement Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the DNR lease agreement for part of Government Lot 4, Section 12, Township 162 North, Range 33 West, 1.15 acres in Region 1-Zipple Bay State Park.

Cannabis Ordinance Resolution
RESOLUTION NO. 24-12-06
OF THE LAKE OF THE WOODS BOARD OF COMMISSIONERS AUTHORIZING SUMMARY PUBLICATION OF AN ORDINANCE.
At a regular meeting of the Lake of the Woods County Board of Commissioners, held on Friday, December 27, 2024, following discussion, a Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and the same being put to a vote was unanimously carried by roll call with Commissioner Ed Arnesen abstaining, for passage of the following Resolution:
THE LAKE OF THE WOODS COUNTY, MINNESOTA BOARD OF COMMISSIONERS DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, On December 17, 2024, following discussion, the Lake of the Woods County Board of Commissioners adopted Ordinance number 24-12-06, “An Ordinance of Lake of the Woods County to Regulate Cannabis Businesses” (“Ordinance”), which Ordinance is effective upon publication. 

WHEREAS, The Lake of the Woods County Board of Commissioners has determined the publication of the title and a summary is prudent due to the lengthy nature of “An Ordinance of Lake of the Woods County to Regulate Cannabis Businesses”

WHEREAS, Pursuant to Minnesota Statutes §§ 375.51 and M.S. 331A.01, Subd. 10, summary publication of a lengthy ordinance is authorized and the County Board may direct that only the title of the Ordinance and a summary be published with notice that a printed copy of the Ordinance is available for inspection by any person during regular office hours at the County Offices; and

WHEREAS, Prior to the publication of the title and summary, the County has read and approved the text of the summary and determined that it clearly informs the public of the intent and effect of the Ordinance; and

WHEREAS, The County Board finds that the text of the Summary Publication of Ordinance Number 24-12-06 attached clearly informs the public of the nature and intent of the proposed Ordinance.

NOW THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS resolves that summary publication of Ordinance Number 24-12-06  “An Ordinance of Lake of the Woods County to Regulate Cannabis Businesses”  is prudent due to its length . 

BE IT FURTHER RESOLVED: the publication shall read as follows: 

SUMMARY PUBLICATION FOR LAKE OF THE WOODS COUNTY
ORDINANCE NUMBER 24-12-06
“ORDINANCE NUMBER 24-12-06 AN ORDINANCE LAKE OF THE WOODS COUNTY TO REGULATE CANNABIS BUSINESSES”
Summary: Ordinance Number 24-12-06 was adopted by the Lake of the Woods County Board of Commissioners on December 17, 2024 following public hearing and upon the recommendation of the Lake of the Woods County Planning Commission: The purpose of this Ordinance is to regulate the use of cannabis businesses located in Lake of the Woods County, including registration requirements, and registration fees, and setting forth requirements for the time, place, and manner of the operation of retail cannabis businesses located in Lake of the Woods County. The Ordinance further prohibits the use of cannabis products in public places. The Ordinance further provides for civil penalties and suspension of registrations for non-compliance. This summary is adopted pursuant to Minn. Stat. §§ 331A.01 and 375.51. A printed copy of the entire Ordinance is available for inspection and copying at the Lake of the Woods County Courthouse, 206 8th Ave SE, Suite 290, Baudette, Minnesota 56623, or by standard or electronic mail. 

ORDINANCE ADOPTED by the Lake of the Woods County Board of Commissioners on December 17, 2024 and Summary Publication approved on December 27, 2024 

Zoning Ordinance Amendment
Resolution
RESOLUTION NO. 24-12-07
  THE LAKE OF THE WOODS BOARD OF COMMISSIONERS AUTHORIZING SUMMARY PUBLICATION OF AN ORDINANCE.
At a regular meeting of the Lake of the Woods County Board of Commissioners, held on Friday, December 27, 2024, following discussion, a Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and the same being put to a vote was unanimously carried by roll call with Commissioner Ed Arnesen abstaining, for passage of the following Resolution:
THE LAKE OF THE WOODS COUNTY, MINNESOTA BOARD OF COMMISSIONERS DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, On December 17, 2024, following discussion, the Lake of the Woods County Board of Commissioners adopted Ordinance number 24-12-07, “An Ordinance of Lake of the Woods County to Regulate Zoning” (“Ordinance”), which Ordinance is effective upon publication. 

WHEREAS, The Lake of the Woods County Board of Commissioners has determined the publication of the title and a summary is prudent due to the lengthy nature of “An Ordinance of Lake of the Woods County to Regulate Zoning” WHEREAS, Pursuant to Minnesota Statutes §§ 375.51 and M.S. 331A.01, Subd. 10, summary publication of a lengthy ordinance is authorized and the County Board may direct that only the title of the Ordinance and a summary be published with notice that a printed copy of the Ordinance is available for inspection by any person during regular office hours at the County Offices; and WHEREAS, Prior to the publication of the title and summary, the County has read and approved the text of the summary and determined that it clearly informs the public of the intent and effect of the Ordinance; and WHEREAS, The County Board finds that the text of the Summary Publication of Ordinance Number 24-12-07 attached clearly informs the public of the nature and intent of the proposed Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD OF COMMISSIONERS resolves that summary publication of Ordinance Number 24-12-07 “An Ordinance of Lake of the Woods County to Regulate Zoning”  is prudent due to its length . BE IT FURTHER RESOLVED: the publication shall read as follows: 

SUMMARY PUBLICATION FOR LAKE OF THE WOODS COUNTY
ORDINANCE NUMBER 24-12-07

“ORDINANCE NUMBER 24-12-07 AN ORDINANCE LAKE OF THE WOODS COUNTY TO REGULATE ZONING”
Summary: Ordinance Number 24-12-07 was adopted by the Lake of the Woods County Board of Commissioners on December 17, 2024 following public hearing and upon the recommendation of the Lake of the Woods County Planning Commission: The purpose of this Ordinance amendment is to comply with Minnesota Statute 342, and Resolution 24-12-06, which allows Lake of the Woods County to regulate the use of cannabis businesses located in Lake of the Woods County, including registration requirements, and registration fees, and setting forth requirements for the time, place, and manner of the operation of retail cannabis businesses located in Lake of the Woods County. The Ordinance further prohibits the use of cannabis products in public places. This summary is adopted pursuant to Minn. Stat. §§ 331A.01 and 375.51. A printed copy of the entire Ordinance is available for inspection and copying at the Lake of the Woods County Courthouse, 206 8th Ave SE, Suite 290, Baudette, Minnesota 56623, or by standard or electronic mail. 

ORDINANCE ADOPTED by the Lake of the Woods County Board of Commissioners on December 17, 2024 and Summary Publication approved on December 27, 2024 

Set Work Session Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session for budget review on January 7, 2025 following the regular board meeting.

Old/New Business
The board reviewed old/new business items and Assistant Engineer Boyd Johnson gave an update on the town road inventory. It was the consensus of the board to leave the following items on the list: Lessard-Sams Outdoor Heritage Council/Outdoor Heritage Fund, Land Trade, Township Road Inventory, Law Enforcement Center, Unused Wells, and County Life Flight/Ambulance.
IT Updates
MIS Director Peder Hovland gave an update on cyber security and reporting.

Adjourn Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously by roll call to adjourn the meeting at 9:45 a.m.

Attest:                                                                         January 14, 2025
 
________________________________                    _________________________________
Auditor/Treasurer Lorene Hanson                              Commissioner Cody Hasbargen