HomeMy WebLinkAboutBoard of Commissioners - Minutes - 12/21/2021
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OTTER TAIL COUNTY – MINNESOTA
BOARD OF COMMISSIONERS’ MINUTES
Government Services Center, Commissioners’ Room & Via Livestream
515 West Fir Avenue, Fergus Falls, MN
December 21, 2021 | 8:30 a.m.
CALL TO ORDER
The Otter Tail County Board of Commissioners convened at 8:32 a.m. Tuesday, December 21, 2021, at the
Government Services Center in Fergus Falls, MN. Commissioners Lee Rogness, Chair; Betty Murphy; Vice
Chair, Kurt Mortenson, Wayne Johnson, and Dan Bucholz were present.
APPROVAL OF AGENDA
Chair Rogness called for approval of the Board Agenda. Motion by Mortenson, second by Bucholz and
unanimously carried to approve the Board of Commissioners’ agenda of December 21, 2021, with the
following additions:
Community Development Agency Board member reappointments
Tax abatement agreement for Dental Specialists, LCC: see attached agreement and resolution
Finance, Property & License Management Committee: Salary Structure Implementation
Event: December 21, 2021 | 2:00 p.m. | Heart of the Lakes Trail Meeting
APPROVAL OF CONSENT AGENDA
Motion by Murphy, second by Mortenson and unanimously carried to approve the consent agenda items as
follows:
1. December 14, 2021, Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for December 21, 2021 (Exhibit A)
3. Human Services & Public Health Warrants/Bills for December 21, 2021 (Exhibit A)
4. 2022 Human Services Contracts
5. Request for Approval of Final Payment- SAP 056-615-018 to Robert R. Schroeder Construction,
Inc. Glenwood, MN
6. 2022 Human Services Contract – Otter Tail County Attorney’s Office & State of MN Department
of Human Services
LAND & RESOURCE MANAGEMENT
RESOLUTION ADDRESSING PETITION REGARDING EAW FOR LOON LAKE RESORT
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 184
WHEREAS, application has been made by Loon Lake Holdings, LLC, on September 21, 2021, to expand
the existing commercial planned unit development Loon Lake Resort by 48 dwelling units and 47 dock slips.
WHEREAS, application was revised and submitted to Otter Tail County on October 19, 2021, to expand the
existing commercial planned unit development Loon Lake Resort by 39 dwelling units and no additional dock
slips.
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 2 of 17
WHEREAS, the Otter Tail County Planning Commission, recommended to the County Board approving the
revised plan of 39 additional dwelling unit sites while the number of boat slips remains at 31.
WHEREAS, Otter Tail County was notified of a petition for EAW of Loon Lake Resort on November 18,
2021.
WHEREAS, Otter Tail County was notified by the Minnesota Environmental Quality Board on November 23,
2021, of the petition.
WHEREAS, based upon the information received by the Otter Tail County Board of Commissioners through
the notification from the Minnesota Environmental Quality Board, the Otter Tail County Board of
Commissioners makes the following findings of fact.
NOW THEREFORE the Otter Tail County Board of Commissioners makes the following:
FINDINGS OF FACT
A. Loon Lake is classified by the Minnesota Department of Natural Resources as a Recreational
Development Lake and is a nonsensitive shoreland.
B. Loon Lake has 206 single family residential lots on the lake, each of which could have multiple docks
with multiple types of watercraft.
C. Loon Lake has 241 parcels that have shoreline equaling a total land area of 895 acres. Loon Lake
Resort accounts for 50.7 acres, or 5.7%, of the total land area of the lake that has shoreline.
D. Otter Tail County has a Shoreland Management Ordinance that was first adopted in 1971 and has had
several revisions since, the most recent being July 1, 2021. The purpose and intent of this ordinance is
to prevent pollution and preserve and enhance the quality of surface waters, conserve the economic and
natural environment values of shorelands, and provide the wise use of waters and related land uses of
Otter Tail County. The County Board acknowledged that if a proposed development meets the
provisions of this Ordinance, and the Ordinance’s purpose is to protect the County’s surface water from
detrimental environmental effects and preserve water quality, it is reasonable to find that the proposed
expansion of Loon Lake Resort does not place at risk the surface water or the environment.
E. The proposed addition of 39 dwelling units at the Loon Lake Resort does not meet or exceed any
mandatory EAW threshold of 50 additional units or sites as set forth in Minnesota Rules, parts
4410.4300, Subp. 20.
F. Per the notice from the Mn EQB, comparison of the project to exemption categories in Mn Rule
4410.4600 reveals that the project is not exempt from environmental review.
G. The text of the petition identifies five areas of concern:
1. Sheer number of units justify a discretionary EAW
2. The shape of Loon Lake requires much lower density of development to protect the lake
3. The shape of the lake adds boating safety concerns if over-developed
4. Invasive species issues
5. A boat study is warranted
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Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 3 of 17
H. The concern “Sheer number of units justify a discretionary EAW” is not consistent with Mn Rules 4410.
Mn Rule 4410.4300 Subp. 20a requires a mandatory EAW when 50 or more units or sites are
constructed or added to nonsensitive shoreland areas. The resort’s current number of dwelling units is
25, which was approved with a Conditional Use Permit in 2009. An expansion of 39 units would bring
the total number of units to 64, which is significantly below the property’s allowable density of 225
dwelling units. Tier 1, being the tier that is closest to the lake relative to other tiers, has 4 units
proposed, bringing the total number of dwelling units in Tier 1 to 15 units. Tier 1 has a maximum
allowable density of 33.3 recreational camping units. The total number of RCU’s in Tier 2 will be 45
units. Tier 2’s maximum allowable density is 77.4 RCU’s. The total number of RCU’s in Tier 3 will be 4
units. Tier 3’s maximum allowable density is 99 units. The proposed number of additional RCU’s is
significantly beneath what is allowed at this property.
I. The concern “The shape of Loon Lake requires much lower density of development to protect the lake”
is not consistent with how density of a development is determined by rule. How to calculate the
development density of a commercial planned unit development can be found in Section 10, Subp. 6 of
the Shoreland Management Ordinance of Otter Tail County, or with the Mn DNR’s Shoreland
Regulations, Mn Rules 6120.3800 Subp. 6. The factors one needed to calculate the allowable density
are:
1. Lake classification is one of the factors used to determine what floor area ratio to use
2. Usable area within each tier
3. Average inside living area size of dwelling units proposed (in the case of a recreational
camping unit, Mn Rule 6120 prescribes the use of 400 square feet)
4. Establish the appropriate floor area ratio based on the average living area
5. Determine if the project is eligible for additional density increases via a multiplier
6. The shape of a lake is not a metric used to determine the allowable density of a planned unit
development. However, because of the variegated shape of Loon Lake, that equates to a
larger area of the property falling within Tier 1, which has the greatest restriction to allowable
densities.
The presence of wetlands and potential algal blooms were raised. Wetlands were mentioned as a filter of
phosphorus, which is a cause of algal blooms on a surface water.
J. The concern “The shape of the lake adds boating safety concerns if over-developed” is without merit.
The proposed planned unit development is adding recreational camping units and will not generate
additional boats, as the number of boat slips being proposed is 31, which is the planned unit
development’s current number of slips allowed and is under the allowable number of docks slips of 33.3,
which is equal to the number of dwelling units allowed in Tier 1. Furthermore, the county’s tourist data
shows that not every renter of an RCU space utilizes a boat slip. The lake has a public access,
therefore regulating the number of boats on the lake would prove difficult, impractical and contrary to the
very purpose served by a public access on public waters.
K. The concern “Invasive species issues” is without merit. The petition specifically lists the infestation of
Zebra Mussels on nearby lakes as a concern to adding additional campsites to Loon Lake. Loon Lake is
on the Mn DNR’s Infested Waters List (https://www.dnr.state.mn.us/invasives/ais/infested.html) as being
infested with Zebra Mussels since 2018. The county has a robust watercraft inspection program that
periodically inspects watercraft entering and exiting Loon Lake for invasive species. This inspection
program mitigates any potential negative effects resulting from invasive species.
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 4 of 17
L. The concern “A boat study is warranted” is without merit. The petition cites a number of studies that
have been read and reviewed as part of this process. The studies were conducted in Indiana, Michigan
and Pennsylvania. Minnesota has no such metric to conduct a study of maximum boats that a specifi c
body of water can safely accommodate. If a boat study were to be conducted, how would the County
police the number of boats allowed with over 1,000 lakes in the County. And as stated above, the lake
has a public access, therefore regulating the number of boats on the lake would prove difficult.
Furthermore, there is an equity issue with the proportionality of allowed boat slips for a commercial
planned unit development, as commercial PUD’s are limited to one boat slip per unit allowed in Tier 1,
whereas a single family residential lot is only constrained to the riparian zone outlined in the County’s
Dock Ordinance.
CONCLUSION
1. Otter Tail County has fulfilled the procedural requirements of law and rule applicable to the petition for
an EAW for the Loon Lake Resort.
2. The criteria detailed in Minnesota Rule 4410.1700, subpart 7 were considered and applied for each of
the concerns raised in the Petition.
3. The identified impacts from the project will not be significant.
4. There are no elements of the project that pose the potential for significant environmental effects that
cannot be addressed through the normal regulatory and permitting processes outlined in the Shoreland
Management Ordinance of Otter Tail County.
5. Based on consideration of the criteria and factors specified in Minnesota Rules 4410, and in the findings
in this matter, Otter Tail County determines that the proposed addition of 39 dwelling units to the existing
commercial planned unit development Loon Lake Resort does not have the potential to cause significant
environmental effects.
6. An Environmental Assessment Worksheet for Loon Lake Resort is not required.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly
seconded by Commissioner Johnson and, after discussion thereof and upon vote being taken thereon,
passed unanimously.
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
BOARD OF ADJUSTMENT APPOINTMENTS
Motion by Johnson, second by Bucholz and unanimously carried to appoint the following to the Board of
Adjustment effective January 1, 2022: Mark Johnson, Terry Marthaler and Thomas Lee serving three (3)
year terms and Michael Donoho and Douglas Larson serving one (1) year terms.
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 5 of 17
PLANNING COMMISSION APPOINTMENTS
Motion by Mortenson, second by Murphy and unanimously carried to appoint the following to Planning
Commission effective January 1, 2022: Rod Boyer and David Wass serving one (1) year terms and Rick
Wilson serving a three (3) year term.
Motion by Johnson, second by Mortenson and unanimously carried to eliminate the open seat of Richard
Gabe on Planning Commission as of January 1, 2022. This change will help bring the number of members
to seven (7) to align with the requirements of the Land Use Administrative Ordinance to have a member
from each Commissioner and two (2) at large members. The motion included a letter of appreciation to Mr.
Gabe for his years of service. Appointment for the 7th member is planned for discussion at the January 4,
2022, Board of Commissioners’ meeting.
NON-UNION COST OF LIVING ADJUSTMENT (COLA)
Motion by Murphy, second by Mortenson and unanimously carried to approve a 3% COLA for non-union
employees effective January 1, 2022. The COLA is consistent with all labor agreements previously approved
for 2022.
2022 COMMISSIONERS SALARY AND BENEFITS
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 185
WHEREAS, Minnesota Statute §375.055 provides that County Commissioners may receive per diem
payments and reimbursement for necessary expenses incurred in performance of the duties of the office
and shall receive compensation of annual salaries, as set by resolution of the County Board; and
WHEREAS, the current annual salary for Otter Tail County Commissioners is $40,426.25 effective January
1, 2021; and
WHEREAS, the current per diem rate for Otter Tail County Commissioners is $75.00.
NOW, BE IT RESOLVED, that the annual salary for Otter Tail Coun ty Commissioners shall be established
as $41,639.04 effective January 1, 2022, which reflects a 3% Cost-of-Living Adjustment similar to increases
received by other employee groups.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the per diem rate for Otter Tail County
Commissioners is increased to $90.00.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the annual employer contribution for benefits for
CY2022 will be set in accordance with the benefits structure previously adopted by this board on October
12, 2021.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly
seconded by Commissioner Murphy and, after discussion thereof and upon vote being taken thereon, the
motion to approve the foregoing resolution passed on a roll call vote as follows:
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Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 6 of 17
BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN
Dan Bucholz X
Wayne Johnson X
Kurt Mortenson X
Betty Murphy X
Leland Rogness X
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
PAYABLE 2022 OTTER TAIL COUNTY GROSS AND NET PROPERTY TAX LEVY
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 186
WHEREAS, the Otter Tail County Board of Commissioners recognized the requirement to adopt, on or
before Thursday September 28, 2021, a proposed Payable 2022 Property Tax Levy and to select a date for
a public meeting for the purpose of discussing and receiving public comment regarding the Proposed
Property Tax Levy, which must be held during the period of November 25 through December 28, 2021; and
WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 28, 2021, adopted Otter
Tail County’s proposed Payable 2022 Gross and Net Property Tax Levy and selected Tuesday, December
14, 2021, as the date for the public meeting; and
WHEREAS, the Otter Tail County Board of Commissioners at 6:00 p.m. on Tuesday, December 14, 2021,
held the required meeting; and
WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt Otter Tail
County’s final Payable 2022 Gross and Net Property Tax Levy no later than Tuesday, December 28, 2021,
and the Otter Tail County Board of Commissioners is required to certify Otter Tail County’s final Payable
2022 Gross and Net Property Tax Levy to the County Auditor-Treasurer’s office on or before Tuesday,
December 28, 2021.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby levies
for the payable year 2022, upon the taxable net tax capacity of the property of Otter Tail County, the
following amounts as detailed below:
Fund Breakdown - Net Tax Capacity Based Levies
Gross
Levy CPA Net Levy
General Revenue 24,751,805 (1,336,240) 23,415,565
Parks and Trails 850,000 0 850,000
Debt Service -
2020A GO CIP Bonds 339,389 0 339,389
Master Facility Plan Bonds – 2012A AKA 2020C 750,120 0 750,120
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 7 of 17
Highway Bonds – 2019A 238,928 0 238,928
Ottertail Operations Center Bonds 502,898 0 502,898
Jail/Elevator Project – 2017A 163,275 0 163,275
Human Services -
Social Services 5,301,602 (286,211) 5,015,391
Administration 4,337,674 (234,172) 4,103,502
Public Health 1,148,437 (61,999) 1,086,438
Court Services 2,161,047 (116,665) 2,044,382
Road and Bridge 4,134,485 (223,203) 3,911,282
Capital Improvement 2,582,410 (139,413) 2,442,997
Total County - Excluding Regional Library 47,262,070 (2,397,903) 44,864,167
Regional Library System 616,289 0 616,289
Total County - Including Regional Library 47,878,359 (2,397,903) 45,480,456 Lake Improvement Districts - South Turtle Lake 0 0 0
Pelican Group of Lakes 130,000 0 130,000
Pine Lakes 41,439 0 41,439
Little McDonald, Kerbs & Paul 70,000 0 70,000
Big McDonald 15,000 0 15,000
Total County - Including Lake Improvement Districts 48,134,798 (2,397,903) 45,736,895 Special Taxing District Tax - Otter Tail County CDA 541,800 0 541,800
Otter Tail County HRA 1,309,725 0 1,309,725
Grand Total - Otter Tail County 49,986,323 (2,397,903) 47,588,420
NOW, THEREFORE, BE IT FUTHER RESOLVED, that the Otter Tail County Board of Commissioners
hereby certifies the above amount to the County Auditor-Treasurer’s office as Otter Tail County’s Final
Gross/Net Property Tax levies for the payable year 2022 and directs the County Auditor-Treasurer’s office to
spread these levies against the taxable net tax capacity of the property of Otter Tail County.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly
seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, the
motion to approve the foregoing resolution passed on a roll call vote as follows:
BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN
Dan Bucholz X
Wayne Johnson X
Kurt Mortenson X
Betty Murphy X
Leland Rogness X
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 8 of 17
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
PAYABLE 2022 OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT SPECIAL
TAXING DISTRICT
(INCLUDING COMMUNITY DEVELOPMENT ASSOCIATION)
GROSS AND NET PROPERTY TAX LEVY
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 187
WHEREAS, the Otter Tail County Housing and Redevelopment Authority is a special taxing district under the
provisions of Minnesota Statute Chapter 469; and
WHEREAS, the Otter Tail County Community Development Association Levy is a uthorized under the powers
of the Housing and Redevelopment Authority; and
WHEREAS, the Otter Tail County Housing and Redevelopment Authority has requested a Payable 2022
Gross and Net Property Tax Levy of $1,309,7250; and
WHEREAS, the Otter Tail County Community Development Association has requested a Payable 2022
Gross and Net Property Tax Levy of $541,800; and
WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 28, 2021, adopted for
the Otter Tail County Housing and Redevelopment Authority and for the Otter Tail County Community
Development Association, a proposed Gross/Net Property Tax Levy for Payable Year 2021 in the amount of
$1,309,725 and $541,800 respectfully; and
WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt the special
taxing district’s Payable 2022 Gross and Net Property Tax Levy no later than Tuesday, December 28, 2021,
and the Otter Tail County Board of Commissioners is required to certify Otter Tail County Housing and
Redevelopment Authority’s final Payable 2022 Gross and Net Property Tax Levy to the County Auditor -
Treasurer’s office on or before Tuesday, December 28, 2021.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners, after
consideration, discussion and consultation with the Otter Tail County Budget Committee, the Otter Tail
County HRA Board and the Community Development Association Board, hereby adopts a final Payable 2022
Gross and Net Property Tax for the Otter Tail County Housing and Redevelopment Authority and for the Otter
Tail County Community Development Association a final Gross/Net Property Tax Levy for Payable Year 2022
in the amount of $1,309,725 and $541,800 respectfully, and
NOW, THEREFORE, BE IT FUTHER RESOLVED, that the Otter Tail County Board of Commissioners
hereby certifies the same to the County Auditor-Treasurer’s office to be spread against the taxable net tax
capacity of the taxable property of the Otter Tail County Housing and Redevelopment Authority.
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Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 9 of 17
The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly
seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, the
motion to approve the foregoing resolution passed on a roll call vote as follows:
BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN
Dan Bucholz X
Wayne Johnson X
Kurt Mortenson X
Betty Murphy X
Leland Rogness X
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
ADOPTION OF CALENDAR YEAR 2022 BUDGET
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 188
WHEREAS, the Otter Tail County Board of Commissioners recognized the requirement to adopt, on or
before Thursday, September 30, 2021, a proposed Calendar Year 2022 Budget and to select a date for a
public meeting for the purpose of discussing and receiving public comment regarding the proposed Calendar
Year 2022 budget, which must be held during the period of November 25 through December 28, 2021; and
WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 28, 2021, adopted Otter
Tail County’s proposed Calendar Year 2022 Budget for the General Fund, for the Budgeted Special
Revenue Funds, and for the Debt Service Fund, and selected Tuesday, December 14, 2021, as the date for
the public hearing; and
WHEREAS, the Otter Tail County Board of Commissioners at 6:00 p.m. on Tuesday, December 14, 2021,
held the required hearing; and
WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt Otter Tail
County’s final Calendar Year 2022 Budget for the General Fund, for the Budgeted Special Revenue Funds,
and for the Debt Service Funds, no later than Tuesday, December 28, 2021, and recognizes the
requirement to adopt the final Calendar Year 2022 Budget after the adoption of the final payable 2022 Gross
and Net Property Tax Levy.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners adopts the
amount of $159,357,485 as the County’s Calendar Year 2022 Budget for the General Fund, for the
Budgeted Special Revenue Funds, and for the Debt Service Funds (includes inter-fund transfers), as
summarized, and as detailed in the budget documents filed with the County Auditor-Treasurer’s office.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly
seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, the
motion to approve the foregoing resolution passed on a roll call vote as follows:
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 10 of 17
BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN
Dan Bucholz X
Wayne Johnson X
Kurt Mortenson X
Betty Murphy X
Leland Rogness X
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
BUDGET AND LEVY PUBLIC HEARING MINUTES
Motion by Johnson, second by Murphy and unanimously carried to approve the 2021 Budget and Levy
Public Hearing Minutes.
APPROVAL OF PAYMENT – SANFORD HEALTH
Motion by Murphy, second by Mortenson and unanimously carried, to approve payment, in the amount of
$3,668.30, to Sanford Health for costs incurred under the provision of Minnesota Statue §609.35.
BUFFALO RED RIVER WATERSHED
Motion by Johnson, second by Mortenson and unanimously carried, to approve payment, in the amount of
$49,552.07, to the Buffalo Red River Watershed from the JD 2 account within the Ditch Fund for associated
costs with the Judicial Ditch No. 2 Outlet Gully Stabilization Project. The request from the Buffalo Red River
Watershed has been reviewed and approved by the Parks and Trails Director and the county will receive
reimbursement in the amount of $43,860.74 from the Judicial Ditch No. 2 Outlet Gully Stabilization Grant.
APPROVAL OF PAYMENT
Moton by Murphy, second by Bucholz and unanimously carried, to approve payment from the Project
Construction Fund (Fund 17) to Bentz/Thompson/Rietow, Inc. for the following invoices:
Service Provided Invoice No. Amount Period
Programming 15378 24,698.70 08/26/2021 to 09/28/2021
Programming 15386 11,399.40 09/26/2021 to 10/25/2021
Programming 15414 1,899.90 10/26/2021 to 11/25/2021
Schematic
Design/Design
Development
15386 18,999.00 09/26/2021 to 10/25/2021
Schematic
Design/Design
Development
15414 41,164.50 10/26/2021 to 11/25/2021
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 11 of 17
Construction Docs 15386 8,866.20 09/26/2021 to 10/25/2021
Construction Docs 15414 8,866.20 10/26/2021 to 11/25/2021
Courthouse Human
Services Programming
15378 3,250.00 08/26/2021 to 09/28/2021
Reimbursables 15378 217.35 08/26/2021 to 09/28/2021
Reimbursables 15386 130.75 09/26/2021 to 10/25/2021
Reimbursables 15414 15.64 10/26/2021 to 11/25/2021
Grand Total 119,507.64
15378 28,166.05 08/26/2021 to 09/28/2021
15386 39,395.35 09/26/2021 to 10/25/2021
15414 51,946.24 10/26/2021 to 11/25/2021
Grand Total 119,507.64
APPROVAL OF PAYMENT – N.F. FIELD ABSTRACT CO
Motion by Johnson, second by Murphy and unanimously carried, to approve payment from the Parks and
Trails Fund (Fund 09), in the amount of $2,800.34 (Per Settlement Statement), to N.F. Field Abstract Co for
costs related to the acquisition of the Echo Bay Property as requested by Deputy County Administrator Nick
Leonard.
TRANSFER OF FUNDS
Motion by Johnson, second by Mortenson and unanimously carried, to authorize the County Auditor-
Treasurer and/or the Assistant Finance Director to make the appropriate inter-fund loans between the
General Fund and the individual ditch accounts within the Ditch Fund (Fund 22) that have a deficit cash
balance as of December 31, 2021 and authorize the County Auditor-Treasurer and /or the Assistant Finance
Director to make the appropriate operating transfer from either the General Fund (Fund 01) or the Capital
Improvement Fund (Fund 14) to the Parks and Trails Fund (Fund 09) to cover the December 31, 2021 cash
deficit.
ADOPTION OF 2022 PER DIEM RATE
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 189
WHEREAS, the Otter Tail County Board of Commissioners has the authority to set per diem amount for
individuals serving on the Otter Tail County Board of Adjustment, the Otter Tail County Planning
Commission, and the Otter Tail County Extension Committee, and
WHEREAS, the current per diem rate for the Otter Tail County Board of Adjustment, the Otter Tail County
Planning Commission and the Otter Tail County Extension Committee is $75.00.
NOW, BE IT RESOLVED, that the 2022 per diem rate for the Otter Tail County Board of Adj ustment, the
Otter Tail County Planning Commission and the Otter Tail County Extension Committee is increased to
$90.00.
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 12 of 17
The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly
seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, the
motion to approve the foregoing resolution passed on a roll call vote as follows:
BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN
Dan Bucholz X
Wayne Johnson X
Kurt Mortenson X
Betty Murphy X
Leland Rogness X
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
ORGANICS HAULING CONTRACT
Motion by Johnson, second by Murphy and unanimously carried to authorize appropriate County Officials’
signatures to execute the contract between Otter Tail County and Steven’s Sanitation for the collection and
hauling of organic waste as part of the Organics Recycling Pilot program. The amount of the contract is
$102,060.00 and is planned to begin early 2022 for the duration of the grant period which is scheduled to
end in June of 2023.
2022 SOLID WASTE HAULER’S LICENSES
Motion by Johnson, second by Bucholz and unanimously carried to approve the 2022 Solid Waste Hauler’s
Licenses as presented.
2022 SOLID WASTE FEE SCHEDULE
Motion by Johnson, second by Murphy and unanimously carried to approve the 2022 Solid Waste fee
schedule as presented.
HENNING TRANSFER STATION PURCHASE
Motion by Johnson, second by Mortenson and unanimously carried to approve the purchase of a backhoe
for the Henning Transfer Station in the amount of $107,950.00 from Ziegler Inc. Company. The purchase is
included in the 2021 capital improvements budget for Solid Waste.
APPROVAL OF FINAL PAYMENT
Motion by Mortenson, second by Bucholz and unanimously carried to approve final payment to Mark Lee
Excavating in the amount of $74,243.68 for the site grading and storm drainage project at the Fergus Falls
Transfer Station.
Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 13 of 17
ADOPTION OF THE SOLID WASTE MASTER PLAN
Motion by Johnson, second by Murphy and unanimously carried to adopt the Solid Waste Master Plan as
presented. A final copy of the Solid Waste Master Plan can be found on the county website.
RECESS & RECONVENE
At 9:45 a.m., Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The Board of Commissioners meeting was reconvened at 9:59 a.m.
PHELPS MILL PASSAGE - AMENDMENT NO. 1
Motion by Johnson, second by Mortenson to approve Amendment No. 1 to the engineering agreement with
Houston Engineering, Inc. regarding the Phelps Mill Passage project. The amendment is an effort to provide
a more detailed vision of the potential bypass channel alternative and the motion passed on a 3-2 vote with
Murphy and Bucholz opposed.
AGREEMENT FOR REPAIR AND REPLACEMENT OF CSAH 67
Motion by Murphy, second by Mortenson and unanimously carried to authorize appropriate County Officials’
signatures to execute the agreement between Otter Tail County and the City of Henning for the repair and
replacement of CSAH 67, project no. S.A.P. 056-667-042.
BID AWARD – S.A.P. 056-605-012
Motion by Murphy, second by Mortenson and unanimously carried to award project no. S.A.P. 056-605-012
4030-005 to Anderson Bros. Construction. Co., Brainerd, MN, in the amount of $1,624,660.05 as
recommended by the County Engineer.
APPROVAL OF CONTRACT – PELICAN RAPIDS SALT STORAGE BUILDING
Motion by Johnson, second by Bucholz and unanimously carried to authorize appropriate County Officials’
signatures to execute the contract between Otter Tail County and Greystone Construction for the furnishing
and installation of a salt storage building in Pelican Rapids at the new Highway garage location.
RESOLUTION REGARDING APPOINTMENTS TO THE OTTER TAIL COUNTY
COMMUNITY DEVELOPMENT AGENCY BOARD
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 190
Whereas, the Otter tail County Board of Commissioners is charged with making appointments to the
Community Development Agency Board, as authorized by M.S. 469.1082, Subd. 8; and
Whereas, the Otter Tail County Community Development Agency Board is comprised of nine members, two
of which must be County Commissioners; and
Whereas, the terms of two current Community Development Agency Board members are expiring; and
Now, Therefore, Be it Resolved, that The Otter Tail County Board of Commissioners hereby makes the
following appointments to the Otter Tail county Community Development Agency Board:
- Reappointment of Jeff Ackerson to a six-year term on the Otter Tail County Community
Development Agency beginning February 1, 2022, and ending January 31, 2028
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Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 14 of 17
- Reappointment of Dena Johnson to a six-year term on the Otter Tail County Community
Development Agency beginning February 1, 2022, and ending January 31, 2028
The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly
seconded by Commissioner Murphy and, after discussion thereof and upon vote being taken thereon,
passed, with Johnson abstaining.
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
RESOLUTION AUTHORIZING
EXECUTION OF A TAX ABATEMENT AND DEVELOPMENT AGREEMENT
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 191
WHEREAS, Dental Specialists of Fergus Falls LLC, a Minnesota limited liability company (the "Company")
have requested the County to assist with the renovation of an aged, vacant commercial property to allow for
the location of a large scale, multi-specialty dental facility ("Project"), in the City of Fergus Falls, Minnesota,
and to grant an abatement to the Company of property taxes to be levied by the County on Parcel ID No.
71003500195026 in the County; and
WHEREAS, On September 28, 2021, the County Board held a public hearing on the question of the
Abatement, (as defined below) and said hearing was preceded by at least 10 days but not more than 30
days prior published notice thereof at which all interested persons appeared and were heard; and
WHEREAS, the Company and the County have determined to enter into a Tax Abatement and Development
Agreement (the “Agreement”) providing for assistance in connection with the Project.
NOW, THEREFORE, BE IT RESOLVED by the Otter Tail County Board of Commissioners, as follows: The
County hereby approves the Agreement in substantially the form submitted, and the Board Chair and Clerk
are hereby authorized and directed to execute the Agreement on behalf of the County.
The approval hereby given to the Agreement includes approval of such additional details therein as may be
necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may
be necessary and appropriate and approved by the County officials authorized by this resolution to execute
the Agreement. The execution of the Agreement by the appropriate officer or officers of the County shall be
conclusive evidence of the approval of the Agreement in accordance with the terms hereof.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly
seconded by Commissioner Johnson and, after discussion thereof and upon vote being taken thereon,
passed unanimously.
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Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 15 of 17
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
RESOLUTION APPROVING THE OTTER TAIL COUNTY NAVIGATING THE ROAD AHEAD
AMERICAN RESCUE PLAN (ARP) ACT PROGRAM
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 192
WHEREAS, Otter Tail County was allocated $11,410,722 of funding through the American Rescue Plan
(ARP) Act funding; and
WHEREAS, the ARP Act requires that the payments from the Coronavirus State and Local Fiscal Recovery
Funds be used only to cover expenses that:
• Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the
pandemic under control
• Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support
for vital public services and help retain jobs
• Support immediate economic stabilization for households and businesses
• Address systemic public health and economic challenges that have contributed to the unequal
impact of the pandemic; and
WHEREAS, there is a continued need to help turn the tide on the pandemic, address its economic fallout,
and lay the foundation for a strong and equitable recovery; and
WHEREAS, staff have solicited feedback from community stakeholders and the departments most aware of
the health and economic impacts of COVID-19; and
WHEREAS, based on those interactions and input from the finance committee, staff has developed the
attached Navigating the Road Ahead program allocating the ARP Act funding to COVID-19 response and
relief programs in the areas of 1) Housing Investment, 2) Workforce and Business, 3) Broadband and Other
Infrastructure, 4) Community Resilience and 5) Other County Resource and Asset Investment; and
WHEREAS, it is recognized that funding needs in this proposal may change allowing for discretion to move
funds between programs in accordance with eligible costs as set forth in the ARP Act; and
WHEREAS, ARP Act funds must be committed by December 31, 2024, and those funds not expended by
December 31, 2026 must be returned to the Federal Government.
Now, Therefore, Be It RESOLVED, The Otter Tail County Board of Commissioners hereby approves the
County’s allocation of ARP Act funding to be allocated to the Navigating the Road Ahead program in the
areas of: 11) Housing Investment, 2) Workforce and Business, 3) Broadband and Other Infrastructure, 4)
Community Resilience and 5) Other County Resource and Asset Investment; and
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Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 16 of 17
Be It Further RESOLVED, The Otter Tail County Board of Commissioners authorizes the County
Administrator to enter into contracts and agreements and execute change orders and amendments to
contracts and agreements, in accordance with the County’s procurement policies and procedures, provided
the amounts are within the limits of the funding.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly
seconded by Commissioner Johnson and, after discussion thereof and upon vote being taken thereon,
passed unanimously.
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
YOUTH WORKFORCE NAVIGATION CONTRACT
Motion by Murphy, second by Mortenson and unanimously carried to authorize appropriate County Officials’
signatures to execute the contract between Otter Tail County and Cardinal Consulting Group for the
development of a Youth Workforce Navigation program. The agreement if effective December 1, 2021,
through February 28, 2022.
ACCEPTING DEDICATED DONATIONS TO SUPPORT
PUBLIC HEALTH FAMILY & CHILDREN PROGRAMS
OTTER TAIL COUNTY RESOLUTION NO. 2021 - 193
WHEREAS, community organizations such as the service clubs, youth groups, and church offer to donate
funds or physical items such as blankets, books, bike helmets, personal hygiene, etc to the County of Otter
Tail on behalf of the Otter Tail County Public Health Department to assist in the programs serving families
and children; and
WHEREAS, Minnesota Statute 465.03 requires a county to accept the gift by resolution expressed in terms
prescribed by the donor in full; and
WHEREAS, the donations will be for the purpose of providing items to use as teaching tools to promote
breastfeeding, child growth & development, reading, or safety or to provide for treatment of head lice,
personal care needs, diapers, mittens, and hats.
NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners does accept the
above-described funds/donations and extends its grateful appreciation.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Murphy, duly
seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon,
passed unanimously.
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Board of Commissioners’ Meeting Minutes
December 21, 2021
Page 17 of 17
Adopted at Fergus Falls, MN this 21st day of December 2021.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
COVID-19 UPDATE
Public Health Director Jody Lien provided a brief update to the Board regarding COVID -19 and shared that
although numbers are trending downward, Otter Tail County continues to be identified as an area of high-
level COVID-19 transmission by the CDC. She provided an overview of local data and expressed the
importance of continuing to follow public health measures. Ms. Lien shared that vaccine and prevention
measures have been found effective against the omicron variant and the community is encouraged to take
advantage of local testing and vaccine opportunities. Emergency Manager Patrick Waletzko provided a brief
update regarding long-term care and shared that two (2) facilities in Otter Tail County have received support
from the National Guard thus far and that state level rescue plan dollars have been allocated to long-term
care facilities to assist with the recruitment and retention of staff.
OSHA EMERGENCY TEMPORARY STANDARD (ETS)
County Administrator Nicole Hansen shared that the OSHA ETS mandating employers with at least 100
employees to require workers to get vaccinated or test weekly is planned to move forward with updated
timelines. A draft policy will be discussed during committee on January 4, 2021.
ADJOURNMENT
At 11:31 a.m., Chair Rogness declared the Otter Tail County Board of Commissioners meeting adjourned for
a closed session authorized under Minnesota Statute 13D.05, Subd. 3(a) to discuss the performance
evaluation of County Administrator Nicole Hansen. The following were in attendance: Commissioners Lee
Rogness, Chair; Betty Murphy; Vice Chair, Kurt Mortenson, Wayne Johnson, and Dan Bucholz, County
Administrator Nicole Hansen, and consultant John Dinsmore who facilitated the evaluation. The next regular
Board meeting is scheduled at 8:30 a.m. on Tuesday, January 4, 2022, at the Government Services Center
in Fergus Falls and via live stream.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 4, 2022
By: __________________________________________ Attest________________________________
Betty Murphy, Board of Commissioners Chair Nicole Hansen, Clerk
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Board of Commissioners’ Meeting Minutes
December 21, 2021 (Exhibit A)
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Board of Commissioners’ Meeting Minutes
December 21, 2021 (Exhibit A)
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Board of Commissioners’ Meeting Minutes
December 21, 2021 (Exhibit A)
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Board of Commissioners’ Meeting Minutes
December 21, 2021 (Exhibit A)
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