COMMISSIONER PROCEEDINGS

August 6, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, August 6, 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, and Joe Grund. Also present was County Auditor-Treasurer Lorene Hanson. Absent: Commissioners Ed Arnesen, and Buck Nordlof.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the agenda with the following additions: Closed Sessions, Final Payment of SAP, and Affidavit of Lost Warrant.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the official minutes of July 23, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the following claims: Commissioners Warrants $9,566.00; Commissioners Warrants $1,939.39; Commissioners Warrants $14,762.12.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $86,538.33; Road & Bridge $56,144.03; County Development $200.00; Joint Ditch $3,465.00; Solid Waste $10,743.84.

WARRANTS FOR PUBLICATION

Warrants Approved On 8/06/2024 For Payment 8/09/20

Vendor Name Amount

Arrowhead Library System 33,118.00

Computer Integration Technologies, Inc   3,500.00

Extreme Duty Ironworks   3,040.00

HDR Engineering Inc   3,465.00

Knife River Corporation 49,210.00

Law Offices Of Patrick D. Moren   9,065.73

Liberty Tire Recycling, LLC   5,018.00

LOW Soil & Water Cons. Dist. 29,118.50

ZOLL Medical Corporation GPO   2,076.00

45 Payments less than 2000 19,479.97

Final Total:  157,091.20

Further moved to authorize the payment of the following auditor warrants: July 24, 2024 for $2,327,905.10; July 31,2024 for $10,978.79.

Joint Powers Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Joint Powers Agreement contract number 253367 between the State of Minnesota and the Counties and Municipalities for election services.

Affidavit of Lost Warrant

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the affidavit of lost warrant number 40967 in the amount of $868.17. 

Public Works

Final Payment SAP 039-594-002

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the final payment of SAP 039-594-002 for Davidson Ready-Mix & Construction, Inc. of Newfolden, MN in the total amount of $1,393,566.85 and hereby authorize final payment of $75,639.59.

Recess

A brief recess took place at 9:25 a.m. and reconvened at 10:00 a.m.

Public Hearing-Proposed Interim Cannabis Ordinance Moratorium

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to close the regular meeting and open the public hearing at 10:00 a.m. 

Proposed Interim Cannabis Ordinance Moratorium

County Attorney Michelle Moren discussed the reason for the public hearing regarding an interim cannabis ordinance moratorium and asked for comments from the public. 

Eric Nerland, Brittney Peterson, and Kyle Gruis from Lake of the Woods Cannabis Co. discussed the social equity application process and licensing for a cannabis business. They informed the board that they have applied for a social equity application and would like to be considered when they review applications.

Motion

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

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the interim cannabis ordinance moratorium.

Closed Session-Attorney Client Privilege

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-08-01

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, has received a copy of a Summons and Complaint dated January 3, 2024 signed by Plaintiffs William E. Fischer and Cathy Fischer, requesting, inter alia, that the court quiet title and declare that a disputed roadway be considered private property. Lake of the Woods County is named as one of the Defendants in the action; and   

WHEREAS, the Lake of the Woods County Board seeks to meet with its attorney, to discuss the 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 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 regarding the pending Quiet Title Action signed by Plaintiffs William E. Fischer and Cathy Fisher, and received by the County from another named defendant. 

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 6^th day of August, 2024. 

Motion

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.

Closed Session-Attorney Client Privilege

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-08-02

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 Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session and open the regular meeting.

Adjourn

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 11:15 a.m. 

Attest: August 27, 2024

______________________________ _________________________________

Auditor/Treasurer Lorene Hanson Chair Cody Hasbargen