Lake of the Woods County Board of Commissioners Proceedings

COMMISSIONER PROCEEDINGS

March 26, 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

WEBSITE -www.lake-of-the-woods.mn.us

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, March 26, 2024

in the ITV room at the Lake of the Woods School.

HIGH SCHOOL SOCIAL STUDIES TEACHER, MR. SAM LONGSETH

Mr. Sam Longseth thanked the Commissioners for meeting at the School so his students could attend and participate in the meeting. Also present was retired Social Studies teacher Don Krause.

CALL TO ORDER

Chair Cody Hasbargen called the meeting to order at 8:15 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Buck Nordlof, Cody Hasbargen, Joe Grund, Jon Waibel, and Ed Arnesen. Also present was County Auditor/Treasurer Lorene Hanson. The Board introduced themselves to the students and which districts they represented.

APPROVAL OF AGENDA Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the agenda with the following changes: Add Closed Session and Correspondence.

APPROVAL OF MINUTESMotion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes of March 12, 2024.

Lake of the Woods Treatment Court

Judge Donna Dixon and Maria Pahlen presented on the process and the purpose of the Lake of the Woods Treatment Court. Alex Stodgell spoke to the board about how the treatment courts can help lead people living with substance use out of the justice system and into lives of recovery and stability and his own experiences with this program.

National Leadership Forum

Sandy Peterson, Doris Knutson and four Lake of the Woods Students, gave a presentation about their recent trip to Washington D.C. for the Community Anti-drug Coalition of America (CADCA) conference. The students discussed the benefits of meeting new people and learning how to have hard discussions about drugs and alcohol. Sandy Peterson discussed the local statistics of drug and alcohol use amongst teens in Lake of the Woods County and how other students could participate in the National Leadership Forum.

Public Works

County Engineer Anthony Pirkl introduced himself to the class and gave an overview of his position at the County.

Add to Agenda Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to add gravel source bids to the agenda.

Permission to bid FEMA Plans

County Engineer Anthony Pirkl gave an update on FEMA funds in the amount of $235,000 for various highway projects and requested permission to bid for those plans.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to bid for FEMA projects.

Permission to bid Gravel Source Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the request to bid for a gravel source.

DNR Fisheries (Matt Skoog)

DNR Fisheries Supervisor Matt Skoog gave an update about the sturgeon and walleye population and discussed the process for repopulating by using hatcheries and stocking the red river.

Social Services

Jodi Ferrier introduced herself and gave an overview of the Social Services department.

Claims Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioners Warrants $1,791.10; Commissioners Warrants $1,203.99; Commissioners Warrants $18,685.77.

Auditor/Treasurer

County Auditor/Treasurer Lorene Hanson introduced herself to the students and gave an overview of the Auditor/Treasurer department and services.

Claims Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Joe Grund and carried unanimously to approve the claims against the County as follows: Revenue $34,383.34; Road & Bridge $22,650.44; Solid Waste $6,718.50; EDA $1,488.76.

WARRANTS FOR PUBLICATION

Warrants Approved On 3/26/2024 For Payment 3/29/2024

Vendor Name Amount

Cdw Government, Inc 6,630.87

Clay County Sheriff 2,320.00

Integris LLC 2,188.23

Larkin Hoffman Attorneys 10,260.00

Quadient Finance USA Inc. 6,000.00

U.S. Bank Equipment Finance 6,268.50

William Alexander Johnson 19,231.21

24 Payments less than 2000 12,342.23

Final Total: 65,241.04

Further moved to authorize the payment of the following auditor warrants: March 13, 2024 for $57,723.00; March 20, 2024 for $12,654.54.

DNR Wildlife (Scott Laudenslager) DNR Wildlife Manager Scott Laudenslager gave an update on various maintenance projects, Deer and Bear permits/harvest areas, and discussed upcoming summer projects.

Human Resources Job Description Approval Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the job description for the Facilities Supervisor and Safety Operator position.

Facilities Supervisor and Safety Operator Grade Increase Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the grade increase for Facilities Supervisor & Safety Operator Shane Shaw to Grade 11, Step 12 at $28.20 per hour at 251 points effective next full pay period.

Approval of Step Increase for Custodian II Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve a step increase for Custodian II Dylan Eason from Grade 6 Step 6 to Grade 6 Step 9 at 20.61 per hour effective next full pay period.

Set Work Session Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to set a work session for maintenance for April 9, 2024 following the regular board meeting.

County Surveyor-PLSS Restoration Project

County Surveyor Chad Conner came to the board to request a resolution for the Public Land Survey System Restoration Project.

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

RESOLUTION TO SUBMIT A PROPOSAL TO THE LEGISLATIVE-CITIZEN COMMISSION ON MINNESOTA RESOURCES FOR PUBLIC LAND SURVEY SYSTEM RESTORATIONS

RESOLUTION NO. 2024-03-01

WHEREAS, The Lake of the Woods County Land Surveyor’s Office has the opportunity to request funding from the Legislative-Citizen Commission on Minnesota Resources (LCCMR) for the project titled “LOTW PLSS Restoration” up to the amount of $265,000, in Environment and Natural Resources Trust Fund (ENRTF); and

WHEREAS, The Lake of the Woods County Auditor’s Office has reviewed the funding request and the “Duties of a Fiscal Agent” document provided by the State and is fully aware of the work that will occur if funded, the project timeline, and the project budget.

THEREFORE, BE IT RESOLVED, That the Lake of the Woods County Board authorizes the Lake of the Woods County Land Surveyor’s Office to submit a proposal for the project titled “LOTW PLSS Restoration” up to the amount of $265,000 for grant funding from the Environment and Natural Resources Trust Fund (ENRTF) funding from the Legislative-Citizen Commission on Minnesota Resources (LCCMR).

BE IT FURTHER RESOLVED, That the Lake of the Woods County Board authorizes the Lake of the Woods County Auditor’s Office to act as a fiscal agent if funding is awarded for the 2024 project titled “LOTW PLSS Restoration”, and will comply with all terms as stated in the fiscal agent agreement.

Toward Zero Death

TZD Coordinator Sue Johnson, State Aid Engineer Brian Ketring, Assistant District Engineer William Pirkl, met with the board and presented a power point and information on the Towards Zero Death Task Force and the importance of safe driving and wearing seatbelts. William Pirkl gave an update on various highway projects and the installation of roundabouts in the area.

Recess

A brief recess took place from 11:50a.m. and reconvened at 1:20p.m.

Pine to Prairie Task Force

Deputy Sheriff/Investigator Craig Severs provided a presentation on the Pine to Prairie Drug Task Force, which works with nine different counties, local law enforcement, conservation officers, and others.

Recess

A brief recess took place at 2:00p.m. and reconvened at the Lake of the Woods County Government Center Commissioners Room at 2:30p.m.

Closed Session

Resolution

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

Resolution Closing Board Meeting

Resolution No. 2024-03-02

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 was served on March 20, 2024 with a United States District Court Summons and Complaint dated March 14, 2024, signed by Gregory M. Erickson, attorney for Plaintiffs Jennifer Audette and Robert Audette, alleging that Lake of the Woods County Board of Commissioners violated, inter alia, the Americans with Disabilities Act (ADA) and, requesting, inter alia, that the court require the County to remedy the alleged ADA violation and award damages; 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 United States District Court action.

Adopted by the Lake of the Woods County Board of Commissioners, Lake of the Woods County, Minnesota this 26th day of March, 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 at 2:50p.m.

Correspondence

The board reviewed correspondence from Minnesota Department of Natural Resources.

Add to Agenda Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Buck Nordlof to add Cliffs Discussion to the agenda.

Cliffs Discussion The board and Land & Water Director Josh Stromlund discussed the Cliff’s agreement.

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to have Land & Water Director Josh Stromlund, and Commissioners: Jon Waibel, and Ed Arnesen have a meeting with Cliffs to review options.

Adjourn

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to adjourn the meeting at 3:35p.m.

Attest: April 9, 2024

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair Cody Hasbargen