Lake of the Woods County Board of Commissioners Proceedings

November 18, 2024

COMMISSIONER PROCEEDINGS

October 22, 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, October 22, 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 Jon Waibel and carried unanimously to approve the agenda with the following changes: Add: County Surveyor Contract, and Closed Session.

APPROVAL OF MINUTES Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of October 8, 2024.

SOCIAL SERVICES Claims Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $2,434.11; Commissioners Warrants $1,988.02; Commissioners Warrants $33,345.09.

Auditor/Treasurer Claims Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $113,400.52; Road & Bridge $57,769.43; Joint Ditch $2,282.50; Solid Waste $15,496.20; EDA $1,339.41.

WARRANTS FOR PUBLICATION

Warrants Approved On 10/22/2024 For Payment 10/25/2024

Vendor Name Amount

Co-Op Services, Inc. 10,114.02

Counties Providing Technology 4,327.00

Dentons Dirt Worx, LLC 19,586.79

Election Systems & Software, Inc 4,167.03

HDR Engineering Inc 2,282.50

Houston Engineering Inc 14,224.00

Integris LLC 4,111.28

John Deere Financial 3,374.38

Johnson Auto & Machine 2,085.60

Liberty Tire Recycling, LLC 6,193.67

M & J Construction Of Holt, Inc. 14,374.50

North Country Chevrolet 50,896.28

Pennington County Sheriff Office 2,497.07

SeaChange Print Innovations 2,180.20

Titan Machinery - Roseau 3,536.58

U.S. Bank Equipment Finance 6,268.50

University Of Mn 15,121.50

45 Payments less than 2000 24,947.16

Final Total: 190,288.06

Further moved to authorize the payment of the following auditor warrants: October 10, 2024 for $61,844.98; October 16, 2024 for $290,332.84.

Extension Committee Term Increase Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to increase the extension committee terms from two 3-year terms to unlimited terms.

Correspondence

The board reviewed Correspondence from AMC.

Human Resources

Permission to Advertise, Interview Full-Time Deputy Sheriff Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to advertise, interview, and hire a full-time deputy sheriff at Grade 15, 323 points.

Public Works Updates

County Engineer Anthony Pirkl gave an update on various projects.

County Surveyor Contract Discussion RFP County Surveyor

Motion Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve to go out for RFP for a County Surveyor for the year 2025.

RFP Committee Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to appoint Commissioners Joe Grund and Jon Waibel, County Engineer Anthony Pirkl, County Recorder Sue Ney, and Land & Water Director Josh Stromlund to the RFP Committee.

Guardian Flight Manager of Strategic Partnerships Wes McAden gave an update to the board and answered questions regarding guardian flight services and costs.

Cleveland-Cliffs Natural Resources Representatives from Cleveland Cliffs Natural Resources came to the board seeking approval of the settlement agreement on Williams Creek to present to the DNR. No action was taken at this time.

Public Hearing Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to close the regular meeting and open the public hearing.

Amendment to Lodging Tax Ordinance County Attorney Michelle Moren explained that the ordinance had been amended to reflect recent law changes. No questions or comments were presented.

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

Approval of Amendment to Lodging Tax Ordinance Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the amended lodging tax ordinance.

Recess A brief recess took place at 10:05 a.m. and reconvened at 10:10 a.m.

Northwest Community Action-Grant Application Update

John Wynne and Diane Hayes came to the board to give an update on the application process for a small housing rehabilitation grant.

Cannabis Business Ordinance County Attorney Michelle Moren, Land & Water Director Josh Stromlund and the Commissioners reviewed the Cannabis Business Ordinance. The Ordinance Committee will meet and review the draft to present to the board at a later date. No action was taken at this time.

Closed Session Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-10-4

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.05, subd. 3(b) states that “meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege”; and

WHEREAS, Lake of the Woods County entered into a Settlement Agreement (“Agreement”) in the Matter of Hibbing Taconite Mine and Stockpile Progression and Williams Creek Project Specific Wetland Mitigation, which Agreement was dated October 6, 2015 (OAH Docket No. 11-2004-31655); and WHEREAS, the Agreement resolved issues prior to litigation; and WHEREAS, parties to the Agreement, are seeking to modify certain terms and conditions of the Agreement; and WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the modification of the agreement; and WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the requested modifications, where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the potential settlement modifications in order to maintain the attorney-client privilege.BE IT RESOLVED by the Lake of the Woods County Board as follows:

1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategy in the Office of Administrative Hearings matter as set forth in the recital above and any settlement proposals regarding the modifications to the Agreement requested by Cliffs, which may be made by or responded to by the Lake of the Woods County Board.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the settlement agreement as presented and for chair Cody Hasbargen to sign the same with a recommendation for the SWCD to approve as well. It was also noted that Commissioner Ed Arnesen and Land & Water Director Josh Stromlund will meet and work with Cliffs and the DNR on this project.

Closed Session

Resolution

The following Resolution was offered by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously by roll call to approve the following:

Resolution Closing Board Meeting

Resolution No. 2024-10-5

WHEREAS, Lake of the Woods County was served on March 20, 2024 with a United States District Court Summons and Complaint dated March 14, 2024, signed by Gregory M. Erickson, attorney for Plaintiffs Jennifer Audette and Robert Audette, alleging that Lake of the Woods County Board of Commissioners violated, inter alia, the Americans with Disabilities Act (ADA) and, requesting, inter alia, that the court require the County to remedy the alleged ADA violation and award damages; and

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the pending lawsuit; and WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the pending lawsuit where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the status of the litigation and strategies to maintain the attorney-client privilege.

BE IT RESOLVED by the Lake of the Woods County Board as follows:

1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the legal strategies and potential settlement position regarding the pending United States District Court action.

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 22nd day of October, 2024.

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to close the closed session and open the regular meeting.

Closed Session Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-10-6

WHEREAS, Lake of the Woods County received correspondence from Canadian National Railway Company dated October 18, 2024 threatening litigation regarding solid waste tax assessments; and WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the threatened litigation; and WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board to hold a public discussion with its attorney regarding the strengths and weaknesses of its legal position(s), strategy, and potential settlement position regarding the threatened litigation where an opposing party or opposing attorney could listen to or be made aware of Lake of the Woods County’s positions; and WHEREAS, there is an absolute need for the Lake of the Woods County Board to obtain confidential legal advice regarding the threatened litigation in order to maintain the attorney-client privilege. BE IT RESOLVED by the Lake of the Woods County Board as follows:

1. The Lake of the Woods County Board hereby closes this meeting based upon the attorney-client privilege pursuant to Minn. Stat. § 13D.05, subd. 3(b); and

2. The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.01, subd. 3, are the allegations and responses to the threatened litigation by Canadian National Railway Company.

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 22nd day of October, 2024.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting.

Closed Session Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-10-7

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

“The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussions and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.”

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 22nd , 2024 at 12:00 PM to consider strategy for labor negotiations. The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and BE IT RESOLVED by the Lake of the Woods County Board of Commissioners as follows:

1.) The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

2.) This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting.

Closed Session Resolution

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

Closed Session-Union Negotiation

RESOLUTION NO. 24-10-8

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. § 13D.03, subd. 1 states that:

WHEREAS, the Lake of the Woods County Board of Commissioners shall hold a closed meeting on October 22nd , 2024 at 12:30 PM to consider strategy for labor negotiations. The closed session shall be held at the Lake of the Woods County Courthouse, Commissioners’ Room, 206 8th Ave. SE, Suite 234, Baudette Minnesota 56623; and BE IT RESOLVED by the Lake of the Woods County Board of Commissioners as follows:

3. The Board of Commissioners hereby closes this meeting pursuant to Minn. Stat. § 13D.03, subd. 1 to consider strategy for labor negotiations including negotiation strategies or developments or discussion and review of Labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.

4. This closed session shall be tape recorded at the expense of the Lake of the Woods County Board of Commissioners and said recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period.

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

Adjourn Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 1:10 p.m.

Attest: November 12, 2024

________________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen