Lake of the Woods County Board of Commissioners Proceedings

February 17, 2025

  COMMISSIONER PROCEEDINGS
                                                                     January 28, 2025          
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, January 28, 2025 at Lake of the Woods County Government Center in the Commissioners’ Room.

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

APPROVAL OF AGENDA Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with changes: Add: 2024 EMPG Grant, Legislative Update, Koochiching Jail Update.

APPROVAL OF MINUTES Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of January 14, 2025.

SOCIAL SERVICES Claims Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $11,931.39; Commissioners Warrants $1,861.80; Commissioners Warrants $55,066.48.

Auditor/Treasurer Claims Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnsen and carried unanimously to approve the claims against the County as follows: Revenue $81,740.85; Road & Bridge $27,091.16; Solid Waste $9,956.83; EDA $1,833.27.

                WARRANTS FOR PUBLICATION
Warrants Approved On 1/28/2025 For Payment 1/31/2025
Vendor Name                                       Amount
 ByteSpeed, LLC                                   2,555.99
Clay County Sheriff                              2,507.75 
Compass Minerals America                  10,354.26 
Counties Providing Technology             4,452.00 
Country Inn & Suites - Shoreview          2,695.22
HRDC                                                 3,500.00 
Information Systems Corporation          11,632.00 
Marco Technologies LLC                       2,170.44 
North East Technical Service,Inc            2,425.00
Northdale Oil Inc.                                  14,671.79 
Pemberton Law, P.L.L.P.                         3,357.50 
Pennington County Sheriff Office          14,270.34 
Roseau Police Dept                                5,000.00
Sandpieper Design Inc.                          4,852.27
U.S. Bank Equipment Finance                6,268.50 
University of North Dakota                     9,520.90 
     36 Payments less than 2000  20,388.15
       Final Total: 120,622.11

Further moved to authorize the payment of the following auditor warrants: January 15, 2025 for $330,652.82; January 15, 2025 for $305,809.48; January 22, 2025 for $10,776.61.
Add to Old/New Business Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to add Revenue & Expenditure to old/new business on the agenda.
Legislative Update
Commissioner Ed Arnesen gave an update regarding his recent meeting at the capitol.
 
Sheriff Stonegarden Sheriff Salary Resolution
The following resolution was offered by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following:
AMEND COUNTY SHERIFF SALARY
Resolution No. 25-01-05


WHEREAS
, the United States Department of Homeland Security has asked local law enforcement agencies along ourNation’s border to step up border monitoring, pursue joint objectives, and enhance their capabilities for providingborder security; and,WHEREAS, in an effort to assist local governments in fulfilling this request, the Department of Homeland Security through the Minnesota Department of Public Safety, Homeland Security and EmergencyManagement Division, offered “Operation Stonegarden 2023 grant; and,WHEREAS, the Lake of the Woods CountySheriff’s Office is a successful recipient of an Operation Stonegarden 2023 grant; and,

WHEREAS, the Lake of the Woods County Sheriff has undertaken, as additional duties, the responsibility to availhimself and his officers for additional training, or to provide such training for his officers’ himself, for border protection and border security, and the additional duties of improving the distinct capability of the sheriffs’ office as a whole with regard to border security and border patrol as part of a joint mission; and in addition, as and for additional duties, the sheriff will necessarily devote more of his own time to border patrol and border enforcement;and,WHEREAS, the Operation Stonegarden 2023 grant given to assist the Lake of the Woods County Sheriff’s Officein its efforts to secure the border includes the sum of $123,750.00 and $117,090.00 of this grant is for salaries.WHEREAS, it is estimated that these additional border security duties will necessitate that the Sheriff expend on average another eight (8) hours per week; and,WHEREAS, through the Operation Stonegarden 2023 grant, all of the additional overtime worked by officers devoted to border security issues is fully reimbursable under the grant, including the cost of officer overtime pay, PERA, Medicare and worker’s compensation, so that the net cost of the additional homeland security duties to Lake of the Woods County is fully reimbursed by the grant.NOW, THEREFORE, BE IT RESOLVED, that the resolution setting the sheriff’s salary, as originally set by this board on December 17, 2024 was $109,306.80 and fringe benefits were $20,932.25, be amended so that the sheriff’s salary isincreased by the sum up to $16,752.00 and fringe benefits are increased up to $3,208.01 commencing January 1, 2025through December 31, 2025, with the increase funding from the Operation Stonegarden 2023 grant contingent upon the following:


1.  That the Operation Stonegarden 2023 grant funding be available; and

2. That the Sheriff works, in addition to his regular duties, eight (8) hours per week of said Operation Stonegarden 2023grant. At such time that the Operation Stonegarden 2023 grant funding is no longer available and/or if the Sheriff is unable to complete the additional eight (8) hours per week of Operation Stonegarden 2023 grant work, the Sheriff’s salary shall return to the original balance set by the board on December 17, 2024 in addition to the accumulated Stonegarden wages earned based on Stonegarden funding available and actual hours worked.

Emergency Management 2023 EMPG Grant Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the 2023 EMPG Grant in the amount of $14,120.00 and for Chair Jon Waibel and County Auditor-Treasurer Lorene Hanson to sign the same.

2024 EMPG Grant Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2024 EMPG Grant and for Chair Jon Waibel and County Auditor-Treasurer Lorene Hanson to sign the same when it becomes available.

Mike Hirst-Friends of Zippel Bay State Park (FZBSP)
Mike Hirst gave an update regarding various projects including grooming of trails and requested $2000.00 on behalf of Friends of Zippel Bay State Park to fund maintenance projects.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request for $2000.00 out of con-con funds.

Alan Thompson-Wheelers Sanitation
Alan Thompson came to the board to request approval to change the wheelers sanitation board bylaws to have an annual meeting instead of monthly meetings. It was the consensus of the board to have an attorney amend the bylaws and then return for approval.
Public Works Updates
County Engineer Anthony Pirkl gave an update on various projects.

Approval to Bid SAP 039-629-001 Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to bid SAP 039-629-001.

Boat & Water Grant Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Boat & Water grant as presented by Sergeant Ben Duick in the amount of $75,213.00.

Koochiching Jail Update
Chair Jon Waibel gave an update regarding the progress of the Koochiching jail.
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. 25-01-06

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 received correspondence from Canadian National Railway Company dated October 18, 2024 threatening litigation regarding solid waste tax assessments; and   

WHEREAS, County Attorney Moren and Engineer Pirkl met with CNR counsel on January 22, 2025 to discuss the threatened litigation and engage in settlement discussions; and WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the threatened litigation and potential settlement; 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 and potential settlement proposals. 
 
Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 28th day of January, 2025. 

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 10:45a.m.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to adjust solid waste assessments as necessary.

Set Work Session Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to set a work session for solid waste for March 25, 2025 following the regular board meeting.

Adjourn Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to adjourn the meeting at 10:50 a.m.

Attest:                                                                         February 11, 2025
________________________________                    _________________________________
Auditor/Treasurer Lorene Hanson                              Chair Jon Waibel