Lake of the Woods County Board of Commissioners Proceedings

January 29, 2024

COMMISSIONER PROCEEDINGS

January 9, 2024

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

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

APPROVAL OF AGENDA Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously approve the agenda with the following changes: Add: Board Meeting Date Change.

APPROVAL OF MINUTES Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the official minutes of December 28, 2023.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the official minutes of January 2, 2024.

Board Meeting Date Change Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to change the August 20th, 2024 meeting to August 6th, 2024.

SOCIAL SERVICES Claims Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $31,845.90; Commissioners Warrants $1,217.32; Commissioners Warrants $6,111.39.

Border Bank Signature Cards-Rep Payee Account Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to authorize Jodi Ferrier and Aspen Thompson or their successors to sign the Border Bank signature card for the Rep Payee Accounts.

Border Bank Signature Cards-Child Support Account Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to authorize Sheri Stebakken and Jo Aery or their successors to sign the Border Bank signature card for account number 4739.

Riverwood Bank Signature Cards-Social Welfare Account Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesn and carried unanimously to authorize Jodi Ferrier and Sheri Stebakken or their successors to sign the Riverwood Bank signature card for account number 2155.

Child Support Agreement and Child Support Arrangement Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the Child Support Agreement and Child Support Arrangment between Minnesota Department of Human Services, Child Support and Lake of the Woods County.

Healthcare Access Plan Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Local County and Tribal Agency Biennial Health Care Access Services Plan.

Lakewood Health Ambulance Service-Letter of Support Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to draft a letter of support for Lakewood Ambulance Service to move from a BLS service to a part-time ALS service and for Chair Cody Hasbargen to sign the same.

Auditor/Treasurer Claims Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $250,684.68; Road & Bridge $69,931.65; Solid Waste $34,471.94; EDA $365.00.

WARRANTS FOR PUBLICATION

Warrants Approved On 1/09/2024 For Payment 1/12/2024

Vendor Name Amount

Air Med Care Network 16,803.00

ByteSpeed, LLC 7,713.00

Ferrellgas 2,051.72

Headwaters Regional Development Commiss 3,500.00

Integris LLC 2,159.90

KnowBe4, Inc 2,227.50

Larkin Hoffman Attorneys 15,700.00

Mar-Kit Landfill 10,036.00

Mn Assn Of Counties 7,146.00

Mn Counties Computer Co-Op 21,470.97

MN Counties Intergovernmental Trust 168,235.00

Mn State Dept-Correction 27,762.36

Moren/Law Offices Of Patrick D 8,960.80

Motorola Solutions, Inc 17,079.83

OnSolve,LLC 7,875.00

Verus Corporation 3,896.75

WIDSETH SMITH NOLTING & ASSOC., INC. 8,350.00

47 Payments less than 2000 24,485.44

Final Total: 355,453.27

Further moved to authorize the payment of the following auditor warrants: December 29, 2023 for $126,414.49; December 29, 2023 for $1,981,017.71; January 3, 2024 for $4,189.42.

ARPA Update County Auditor-Treasurer Lorene Hanson gave an update on American Rescue Plan funds.

Northwest Angle Post Office Update The board discussed options for the post office at the Northwest Angle.

Affidavit of Lost Warrant Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to approve the Affidavit of Lost Warrant #40299.

Employee Recognition The board presented John Butenhoff with the Steven R. Sindelir award for Excellence for the year 2023.

GIZIIBI Land & Water Director Josh Stromlund gave an update on GIZIIBI. It was the consensus of the board to no longer participate in GIZIIBI.

DITCH AUTHORITY Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the Ditch Authority.

Ditch Funds Update County Auditor-Treasurer Lorene Hanson gave an update on ditch funds.

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

PUBLIC WORKS Updates County Engineer Anthony Pirkl gave an update on various projects that included snowplowing and bridge projects.

Township Road Inventory County Engineer Anthony Pirkl and the Board of Commissioners reviewed Township Road Inventory and discussed the future of the project.

Splashpad Advisory Committee Shelby Mason, Calista Wolf, Lindsay Payne and Commercial Recreation Specialists (CRS) Representative Ashley Walker gave a presentation to the board to show the splashpad design they have created and to request funding in the amount of $35,000.00. No action was taken at this time.

RecessA brief recess took place at 11:32a.m. and reconvened at 11:38 a.m.

LAND & WATER

Consideration of Interim Use Permit #24-01IU by Daniel Klis

Lot 2, Block 1, East Pine Creek, according to the recorded plat thereof, in Section Twenty-nine(29), Township One Hundred Sixty-eight(168) North, Range Thirty-four(34) West-Parcel ID# 02.51.01.020. Applicant is requesting an Interim Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1). This portion of Pine Creek is considered Lake of the Woods, a General Development Lake.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-01IU by Daniel Klis to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

1.) The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property whichever occurs first.

2.) The maximum occupancy is limited to six (6) individuals as per the submitted application.

3.) The established quiet hours are from 10:00 pm to 7:00 am as per the submitted application.

4.) A valid Certificate of Compliance for the septic system is required.

5.) No on-street parking is allowed.

6.) If applicable, the applicant must meet the Minnesota Department of Health requirements.

Louis Taylor-Address Request Mr. Taylor came to the board to request an address for his property.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the request from Mr. Louis Taylor to have an address created for his property.

Fairboard JP Sweet came to the board to inform them that the carnival for the County Fair has raised their prices and would like to request additional funding to secure a carnival for the next fair.

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to increase the funding amount from $25,000.00 to $35,000.00 for the County Fair Carnival.

CLOSED SESSION Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-01-03

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);

2. 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.

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 9th day of January, 2024.

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.

Adjourn Motion was made by Commissioner Jon Waibel, seconded by Commissioner Joe Grund and carried unanimously to adjourn the meeting at 12:35 p.m.

Attest: January 23, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen