Lake of the Woods County Board Commissioners Meeting Proceedings

APPROVAL OF MINUTES 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 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 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.

 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 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 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 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.

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

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:

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.

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:

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