April 23, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 23, 2024 at Lake of the Woods County Government Center in the Commissioners’ Room.

CALL TO ORDER

Vice-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: Ed Arnesen, Jon Waibel, and Joe Grund. Also Present was 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 changes: Add: Motion to Approve Law Enforcement Building Resolution, John Wynne Grant Discussion, and Legislative Updates. Remove: Generator Purchase, and Appointment of County Engineer. 

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of April 9, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $13,248.65; Commissioners Warrants $2,168.92; Commissioners Warrants $1,722.47.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $76,369.65; Road & Bridge $26,835.28; County Development $200.00; Joint Ditch $14,000.00; Solid Waste $10,497.40; EDA $1,182.32.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/23/2024 For Payment 4/26/2024

Vendor Name Amount

ByteSpeed, LLC 21,258.00

Clay County Sheriff 2,503.68

Contech Engineered Solutions LLC 30,000.00

Counties Providing Technology 4,327.00

Cps Technology Solutions 5,170.50

Ferrellgas 3,514.90

Integris LLC 7,087.91

Larkin Hoffman Attorneys 13,300.00

LOW Marine, Inc 3,929.95

Minnesota Ui 3,643.20

Northern Light Region 4,640.00

Pirkl Lumber & Carpet 2,271.98

U.S. Bank Equipment Finance 6,268.50

42 Payments less than 2000 21,169.03

Final Total: 129,084.65

Further moved to authorize the payment of the following auditor warrants: April 5, 2024 for $248,748.34; April 10, 2024 for $10,544.54; April 17, 2024 for $10,454.73.

Cigarette License Approval

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the cigarette license application from Jerry’s Bar & Restaurant.

Resolution Supporting a Bonding Bill for Construction of a Law Enforcement Center

Resolution

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

LAKE OF THE WOODS COUNTY, MINNESOTA

SUPPORTING A BONDING BILL FOR

 CONSTRUCTION OF A NEW COUNTY LAW ENFORCEMENT CENTER

RESOLUTION 2024-04-04

Supporting the County’s request for bonding money to provide a new law enforcement center.

WHEREAS, As of July 1, 2021, the Minnesota Department of Corrections  (DOC) has found the existing Lake of the Woods County Jail to be structurally deficient and in need of major renovations or replacement, and has required the County to transfer inmates to an alternative facility until alternative facilities have been built; and

WHEREAS, pursuant to DOC mandates, inmates can be held at the existing county jail for a maximum time period of 72 hours (which can be extended only if the Court has authorized that specific inmate can have Huber and/or STS privileges); and

WHEREAS, due to the limitations imposed by DOC, the County has been required to house inmates in other jail facilities in neighboring counties, resulting in transportation time and expenses, and the cost of housing the inmates outside of the Lake of the Woods County jail; and

WHEREAS, the County Board has considered the practicality and future costs of all alternatives; factoring in the County’s considerable distances to alternative facilities and the uncertain availability and cost of such arrangements; and has determined that building a new Law Enforcement Center is the most viable response to the Department of Corrections’ mandate; and 

WHEREAS, the aforementioned project is the most fiscally responsible option and will result in near-term and long-term economic and public safety benefits to County residents and businesses, as well as non-resident visitors and businesses, and

WHEREAS, the construction of a new Law Enforcement Center will require funding from a state bonding bill; and 

THEREFORE, BE IT RESOLVED BY THE LAKE OF THE WOODS COUNTY BOARD AS FOLLOWS:

The County Board urges all lawmakers to work to pass a bonding bill in the current legislative session, which includes funding appropriations for the Lake of the Woods County Law Enforcement project.

Human Resources

Set Date for Department Head Reviews

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to set the date for a department head reviews session for May 14, 2024 following the regular board meeting.

Public Works

County Engineer Anthony Pirkl gave an update on the Sheriff’s Office generator.

Approval of 4-Wheeler Purchase

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the purchase of a 4-wheeler from Northern Sports (Randy Orton) in the amount of $9,200.00.

Updates

County Engineer Anthony Pirkl gave an update on various Highway projects.

Department of Corrections- Janelle Cheney

Lake of the Woods Comprehensive Plan

District Supervisor Janelle Cheney introduced herself to the board and reviewed the Lake of the Woods County Comprehensive Plan.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Lake of the Woods County Comprehensive Plan as presented by Department of Corrections District Supervisor Janelle Cheney.

John Wynne-Housing Rehabilitation Grant

John Wynne and Diane Hayes came to the board seeking support for a grant application that would assist in the rehabilitation of substandard housing outside of city limits. It was the consensus of the board to support the application process for the housing rehabilitation grant.

Correspondence

The board reviewed correspondence.

Legislative Update

Commissioner Jon Waibel gave an update from his recent trip to the capitol to meet with legislators regarding the law enforcement building and Williams school building.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-04-05

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, a labor negotiation development has arisen regarding a labor dispute between Lake of the Woods County (public employer) and Law Enforcement Labor Services, Inc., Local Union No. 510;  and  

WHEREAS,  the Lake of the Woods County Board of Commissioners shall hold a closed meeting on April 23, 2024 at 10:30 AM to consider the terms of settlement  proposal with the union.  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

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

Approval of Memorandum of Understanding

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the Memorandum of Understanding for the Local Union No. 510.

Recess

A brief recess took place at 10:45a.m. and reconvened at 2:00p.m.

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. 2024-04-06

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 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

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.

Consensus

It was the consensus of the board for John Kolb to have a discussion with the DNR regarding a possible amendment to the Williams Creek Agreement.

Adjourn

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to adjourn the meeting at 3:10p.m.

Attest: May 14, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Vice-Chair Jon Waibel