Lake of the Woods County Board of Commissioners Proceedings

APPROVAL OF AGENDA Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the agenda with the following changes: Add: Closed Session, Storm Shelter Funds Request, Retirement Resolution, Jail Contract, and Town Road Vacation. Remove: Audit Exit Review, Fair Board Updates.

APPROVAL OF MINUTES Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official minutes of August 6, 2024.

SOCIAL SERVICES Claims Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the following claims: Commissioners Warrants $24,852.05; Commissioners Warrants $3,087.97; Commissioners Warrants $64,368.36.

Permission to Advertise, Interview, and Hire- Office Support Specialist Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the request to advertise, interview, and hire an office support specialist at Grade 9, Step 1, $20.64 per hour at 222 points.

WHEREAS Jo Aery has served the residents of Lake of the Woods County since December 8, 2006 as Lake of the Woods County Social Services Office Support Specialist/Transportation Coordinator; WHEREAS Jo Aery has resigned from Lake of the Woods County service effective August 30, 2024 with 17 years and 8 months of service; NOW THEREFORE, BE IT RESOLVED That Lake of the Woods County Board of Commissioners Extends its deepest appreciation to Jo Aery for her dedicated service and best wishes to her; The resolution was seconded by Commissioner Jon Waibel and the same being put to a vote was unanimously carried. 

Auditor/Treasurer Claims 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 $223,686.76; Road & Bridge $72,879.49; County Development $13,475.00; Joint Ditch $460.00; Solid Waste $49,725.23; EDA $1,893.74.

Joint Powers Agreement Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the Joint Powers Agreement contract number 253368 between the State of Minnesota and Lake of the Woods County for election recount services.

Veterans Grant Approval Motion was made by Commissioner Joe Grund, seconded by Commissioner Buck Nordlof and carried unanimously to approve the veterans grant for transportation services in the amount of $7,500.00.

Storm Shelter Funds Request Brenda Nelson and Nyla O’Connell came to the board to discuss funding options for an elevator replacement at Bethany Church in Williams. Bethany church is the designated storm shelter for that area and the elevator is broken and will need to be replaced. The board discussed requesting assistance from Emergency Management Director Jill Olson to review grant options that may be available. No action was taken at this time. 

WHEREAS, The City of Baudette, hereinafter referred to as the Municipality, owns and controls the Baudette International Airport; and WHEREAS, Portions of the airport hazard area adjacent to the airport are located outside the territorial limits of said Municipality but within the territorial limits of this County; and WHEREAS, The above Municipality has requested in writing that we join with them in the creation of a Joint Airport Zoning Board; and WHEREAS, This County deems it necessary and expedient to create a Joint Airport Zoning Board in cooperation with the above Municipality pursuant to Minnesota Statutes Section 360.063, Subdivision 3, and other applicable laws for the purpose of establishing, administering, and enforcing zoning laws for the areas surrounding the airport and for the protection of the airport and the public; and

WHEREAS, The above statute provides that this County has the right to appoint two (2) persons to said board; and 

WHEREAS, Subdivision 3 of Section 32 of the Appropriations Bill passed by the Minnesota Legislature effective July 1, 1973, provides that no moneys shall be expended by the Commissioner of Transportation of the State of Minnesota to improve and maintain an airport unless the governmental unit owning the airport has or is established a zoning authority for the airport.

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

Jail Contract-Purchase of Service Agreement Approval Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the Jail Purchase of Services Agreement between Lake of the Woods County and Pennington County for $65.00 per day for three beds and to have Chair Cody Hasbargen and Sheriff Gary Fish sign the same.

County TV Kent Christianson gave an update on the maintenance and testing on the county tv equipment.

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Interim Use Permit/Findings of Fact #24-04IU by Christopher and Ashley Olson to operate a short-term vacation rental in a Residential Development Zoning District (R1) with the following conditions:

Public Works Add to Agenda Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to add Solid Waste Regional Planning to the agenda.

Solid Waste Semi Truck Purchase Approval Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of a semi-truck for the solid waste department up to $50,000.00.

Solid Waste Regional Planning Agreement Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to join the Northwest Region Solid Waste regional planning agreement.

Town Road Vacation Petition The board reviewed a petition application from Marty Mollberg for a town road vacation. It was noted that there was more information that would be needed for the application to be accepted. No action was taken at this time.

Fireworks Funds Request Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Jon Waibel and carried unanimously to donate $5,000.00 out of Con-Con Funds to the Baudette Community Foundation for the fireworks fund.

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 Buck Nordlof and carried unanimously to close the closed session and open the regular meeting at 10:35 a.m.

Set Work Session Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to set a work session for the Sheriff on September 10, 2024 following the regular board meeting.

Adjourn Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to adjourn the meeting at 10:40 a.m.