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

April 9, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 9, 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, Ed Arnesen, Jon Waibel, Buck Nordlof, and Joe Grund. Also Present was Auditor-Treasurer Lorene Hanson. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the agenda with the following changes: Add: Legislative Updates

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of March 26, 2024.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $61,005.24; Commissioners Warrants $884.66; Commissioners Warrants $13,068.68.

Resolution of Support

Psychiatric Residential Treatment Facility in Clay County

Resolution

The following resolution was offered by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and the same being put to a vote was unanimously carried. 

Resolution in support of a psychiatric residential 

treatment facility in clay county

Resolution No. 2024-04-01

WHEREAS, throughout Minnesota there is inadequate capacity in the continuum of care to support children with high acuity, complex and/or co-occurring conditions that include violent or sexually inappropriate behavior and/or physical health challenges; and

WHEREAS, Psychiatric Residential Treatment Facilities (PRTF) are a part of this continuum for children and youth under age 21 with complex mental health conditions and aggression; and

WHEREAS, currently there are four PRTF facilities operational in Minnesota with a total capacity of 166 beds and an additional PRTF set to open soon; and 

WHEREAS, there is a need for additional PRTF beds in the State of Minnesota to meet the needs of children with serious and complex mental health needs; and 

WHEREAS, the location of PRTF beds must be spread across the state to ensure equal access and proximity to a child’s home community, family, and service providers; and

WHEREAS, Clay County is committed to establishing a PRTF and will partner with an eligible provider in the delivery of PRTF services; and

WHEREAS, Clay County is seeking Minnesota bond funds to aid in land acquisition and building a PRTF; 

THEREFORE, BE IT RESOLVED, the Lake of the Woods County Board of Commissioners via this Resolution, supports Clay County to request Minnesota bond funds for infrastructure in the development of a Psychiatric Residential Treatment Facility in Clay County.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $52,409.85; Road & Bridge $139,751.71; County Development $200.00; Joint Ditch $385.50; Solid Waste $32,953.62.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/09/2024 For Payment 4/12/2024

Vendor Name Amount

Angle Inlet Electric, LLC 4,166.00

Bert’s Truck Equipment Of Moorhead Inc 26,910.00

Braun Intertec Corporation 22,935.95

Cenex Co-Op Services, Inc. 12,250.76

Farmers Union Oil company 2,275.93

Hildi Inc 4,500.00

Howard’s Oil Company 3,776.35

Interstate Billing Service Inc 4,173.40

KC TECH LLC 2,925.00

Lake of the Woods Electric LLC 2,539.44

Law Offices Of Patrick D. Moren 9,508.53

Mar-Kit Landfill 10,912.75

Mesabi Bituminous, Inc. 3,075.00

Nutrien Ag Solutions Inc 54,530.32

Pb Distributing Inc 9,648.35

Polk County Solid Waste 2,008.00

Powerplan 2,728.59

R & Q Trucking, Inc 4,888.00

University Of Mn 15,121.50

45 Payments less than 2000 26,826.81

Final Total: 225,700.68

Further moved to authorize the payment of the following auditor warrants: March 27, 2024 for $16,326.21; April 3, 2024 for $124,725.66.

Sheriff

Intercom System Quote-Office & Jail

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the quote from Wiktel for the office & Jail intercom system in the amount of $21,431.00 to be paid for out of the building fund.

Minnesota Department of Health Grant Amendment

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the amended grant agreement from Minnesota Department of Health (MDH).

Grant Approval

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the grant from Minnesota Department of Health in the amount of $150,000 and for Chair Cody Hasbargen, and Auditor-Treasurer Lorene Hanson to sign the same.

Public Works

Updates

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

Approval of SAP 039-635-012

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the bid from Mark Sand & Gravel in the amount of $3,203,423.59 for SAP 039-635-012 CSAH 35 project.

Permission to Advertise, Interview & Hire Summer Help

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to advertise, interview, & hire for seasonal summer help.

Land & Water

Hooper Creek Investments, LLC-Consideration of an Extension to Submit Final Plat

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously with Commissioner Jon Waibel abstaining to approve the request for an extension to submit the final plat from Hooper Creek Investments, LLC by December 1, 2024. 

North Star Electric

Tim Pelach and Robyn Sonstegard came to the board to request a letter and a resolution in support of a grant for new equipment that will allow better monitoring from the office. The project will take 3-5 years to complete

Letter of Support

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to draft a letter of support for the Meeker Cooperative Light & Power Association’s Midwest Assess, Harden, and Intelligence Project Grant.

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and the same being put to a vote was unanimously carried. 

GOOD NEIGHBOR AGREEMENT BETWEEN 

NORTH STAR ELECTRIC AND LAKE OF THE WOODS COUNTY

Resolution No. 2024-04-02

WHEREAS, This Agreement is entered into this 9th day of April 2024 between Lake of the Woods County (“Community Organization”) and North Star Electric Cooperative, Inc. (“Utility”), collectively herein referred to as the “Parties.”

WHEREAS, The Utility is planning a resiliency electric grid project subjected to Department of Energy funding that will increase the resiliency and reliability of the delivery of power to the region; and

WHEREAS, the Utility is requesting community support throughout the design, construction, and completion stages of the resiliency electric grid project.

NOW THEREFORE BE IT RESOLVED, in consideration of the mutual promise contained herein, the Parties agree as follows:

1. The Utility will provide regular project updates to the Community Organization at the design, construction, and completion stages.
   
2. The Utility and the Community Organization will communicate together and provide feedback regarding the proposed project. 

3. The Utility will ensure a prompt response to any concerns or complaints from the local public, including businesses, residences, non-profit organizations, or the Community Organization.
   
4. The Utility employs a workforce that encourages diversity, equity, inclusion, and accessibility in the workplace.
   
5. This Agreement will terminate effective immediately if the Utility does not receive funding from the Department of Energy for the project or on December 31, 2029, whichever occurs first.

RECESS

A brief recess took place at 9:30a.m. with a work session to follow. The board reconvened at 10:15 a.m.

Closed Session

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and the same being put to a vote was unanimously carried.

RESOLUTION CLOSING BOARD MEETING

Resolution NO. 2024-04-03

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 9^th, 2024 at 10:45 AM to consider strategy for labor negotiation developments.  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 Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to close the closed session and open the regular meeting at 10:40a.m.

Myles Hogenson

Myles Hogenson gave an update on various ATV trail projects.

Set Work Session

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to set a work session for maintenance on May 14, 2024 following the regular board meeting.

Legislative Update

Commissioner Ed Arnesen gave a legislative update about bonding for a new law enforcement building.

Adjourn

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to adjourn the meeting at 11:00 a.m.

Attest: April 23, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen