January 23, 2024

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, January 23, 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: Ed Arnesen, Cody Hasbargen, 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 Ed Arnesen and carried unanimously approve the agenda with the following changes: Add: NWA Post Office Correspondence, Safeboat Donation, IT Issues.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of January 9, 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 $5,268.98; Commissioners Warrants $785.96; Commissioners Warrants $14,814.29.

Transfer of Homeless Funds

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the transfer of $50,000.00 from the social services fund monies received from a state funded homeless prevention grant to the Baudette Housing Authority to increase capacity of local housing through infrastructure/building.

Approval of Child Crisis Response Contract

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the Child Crisis Response Contract between Stellher Human Services and Lake of the Woods County Social Services.

Mobile Children’s Dental Clinic

Social Services Director Amy Ballard informed the board that Children’s Dental Services has agreed to provide 3 mobile clinics in Lake of the Woods County in 2024. The mobile clinic will be held in the County Commissioner’s Room in the Government Center until an alternative site is found. The mobile dental clinic will be open to all ages.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $100,612.27; Road & Bridge $93,982.50; Solid Waste $20,969.02; EDA $1,572.18. 

WARRANTS FOR PUBLICATION

Warrants Approved On 1/23/2024 For Payment 1/26/2024

Vendor Name Amount

Cenex Co-Op Services, Inc. 14,005.47 

Compass Minerals America 13,955.57 

Farmers Union Oil Co. 2,625.23 

Integris LLC 2,159.90 

John Deere Financial 3,245.60 

Joy Brandt Painting 28,800.00 

Larkin Hoffman Attorneys 28,819.00 

Lavalla Sand & Gravel Inc 57,690.50 

LOW Soil & Water Cons. Dist. 20,000.00 

Northern Light Region 3,715.25 

Quadient Finance USA Inc. 3,000.00 

Rainy Lake Oil, Inc 2,513.50 

Short Elliott Hendrickson, Inc 8,727.60 

U.S. Bank Equipment Finance 6,268.50 35

Payments less than 2000 21,609.85

Final Total: 217,135.97

Further moved to authorize the payment of the following auditor warrants: January 10,2024 for $77,105.89; January 17, 2024 for $111,110.95; January 16, 2024 for $324,392.49; January 16, 2024 for ($1,853.50).

Human Resources

Case Aid I to Case Aid II

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve Sheri Stebakken to move from Case Aid I at Grade 8, Step 10, $23.27 per hour to Case aid II at Grade 9, Step 10, $24.50 per hour at 224 points effective next full pay period.

Splashpad

Mayor Rick Rone discussed the City of Baudette’s involvement with and support of the splashpad project.

Public Works

Updates

County Engineer Anthony Pirkl gave an update on various projects for highway and solid waste departments.

Correspondence

The board reviewed correspondence about the Northwest Angle Post Office.

County Road Discussion

Yulia Bogdanova and Alex Butler came to the board to discuss the road access to their property. No action was taken by the board at this time.

Sheriff

Deputy Ben Duick informed the board that the State of Minnesota DNR has offered to donate a 2013 Safeboat that may require some repairs.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to accept the donation of a 2013 Safeboat from the State of Minnesota DNR.

Remove From Agenda

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to remove IT issues from the agenda.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-01-04

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, the Lake of the Woods County Board of Commissioners wishes to meet with its attorney to discuss an ongoing investigation pertaining to sensitive data, which data could be construed as confidential/private pursuant to the Minnesota Data Practices Act; and

WHEREAS, it would be detrimental to the interests of the Lake of the Woods County Board of Commissioners to hold a public discussion with its attorney regarding the ongoing investigation and its legal position; and

WHEREAS, there is an absolute need for the Lake of the Woods County Board of Commissioners to obtain confidential legal advice regarding the ongoing investigation and potential legal options in order to maintain the attorney-client privilege.

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

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

The specific subjects to be discussed, pursuant to Minn. Stat. § 13D.05, subd. 3(b), are the legal strategy of the Board regarding the ongoing sensitive data investigation.

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.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-01-05

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, while not yet served, 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 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 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. 

Motion

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

Correspondence

The board reviewed correspondence from Arrowhead Library.

Adjourn

Motion

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

Attest: February 13, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen