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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 02/25/2020 Page 1 of 5 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN February 25, 2020 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:32 a.m. Tuesday, February 25, 2020, at the Government Services Center in Fergus Falls, MN, with Commissioners; Lee Rogness, Chair; Betty Murphy, Vice-Chair; Wayne Johnson, John Lindquist and Doug Huebsch present. Approval of Agenda Chair Rogness called for approval of the Board Agenda. Motion by Johnson, second by Lindquist and unanimously carried to approve the Board of Commissioners Agenda of February 25, 2020 with the following changes: Addition: West Central Initiative Census Grant Addition: MCIT Informational Meeting Addition to Public Works Committee: Salt Shed/Glass Pile Update Consent Agenda Motion by Huebsch, second by Murphy and unanimously carried to approve the Consent Agenda items as follows: 1. February 11, 2020 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for February 25, 2020 (Exhibit A) 3. Human Services & Public Health Warrants/Bills for February 25, 2020 (Exhibit A) 4. Approve an LG240B Application to Conduct Excluded Bingo as submitted by the Friends of the Perham Area Public Library for an event scheduled for Monday, March 29, 2020 at The Cactus located at 43521 Fort Thunder Road in Perham Township 2020 Legislative Priorities County Administrator Nicole Hansen submitted a document titled “2020 Legislative Priorities” that will be provided at meetings with legislators during the Association of Minnesota Counties (AMC) Conference in February. Top priorities include Economic Development, Community Services and Transportation and Trails. Non-Licensed Essential Supervisory Labor Agreement Motion by Johnson, second by Murphy and unanimously carried to accept the Non-Licensed Essential Supervisory Labor Agreement for 2020-2022. West Central Initiative Census Grant Motion by Murphy, second by Huebsch and unanimously carried to accept the West Central Initiative Census Grant in the amount of $500.00. The grant will be used for the Census Grant project. Open Forum Discussion County Administrator Nicole Hansen requested input from the Board on how to improve the agenda and meetings to meet and promote the needs of the county as well as the public while staying within their authority. She summarized the roles and responsibilities of the County Commissioners and reviewed a document titled “Public Comments at Board Meetings” which includes language regarding the Minnesota Open Meeting Law. Ms. Hansen suggested the addition of an open forum prior to each regularly scheduled Board of Commissioners’ meeting to allow the public to address the board while following established rules or guidelines. OTTERTAIL COUNTY - MINNESOTA Board of Commissioners’ Meeting Minutes February 25, 2020 Page 2 of 5 Motion by Johnson, second by Lindquist and unanimously carried for staff to establish a dedicated time for the public to address the board regarding county business as recommended by MCIT. The open forum would be informational only and would not be part of the regular Board meeting. Staff will develop a proposed Open Forum Policy for review at the March 3rd, 2020 meeting. Redeye 1 Watershed 1 Plan (1W1P) Update East Otter Tail County Soil and Water Conservation District Manager Darren Newville provided an update to the Board regarding the Redeye River 1W1P. The program and plan are voluntary and aligns water planning along watershed boundaries while enhancing existing county water plans. Mr. Newville reviewed key focus areas and goals as well as a timeline of the plan approval process. The plan is currently being reviewed internally and the Board of Water and Soil Resources (BWSR) approval is planned for September 2020 followed by local adoption. Buffalo-Red River Comprehensive Watershed Management Draft Plan West Otter Tail County Soil and Water Conservation District Project Manager Aaron Larsen submitted the Buffalo-Red River Comprehensive Watershed Management draft plan to the Commissioners on February 6, 2020 for internal review. He provided a brief summary of the plan to the Board and requested approval. Motion by Johnson, second by Lindquist and unanimously carried to approve the Buffalo-Red River Comprehensive Watershed Management draft plan as presented and submitted to the Commissioners. The motion also recommended the draft plan to be submitted to the Board of Water and Soil Resources for approval. Otter Tail County (OTC) Coalition of Lake Association (COLA) Survey OTC COLA Administrative Assistant John Kruse shared with the Board the results of an online survey that has received 1,057 responses thus far. The survey requested input from lake and river shoreland property owners regarding the OTC Shoreland Management and Septic Ordinances. The survey was promoted on the Otter Tail County Facebook page, OTC COLA website, COLA E-Newsletter and 15,530 post cards were mailed to property owners. Board of Adjustment Appointment Motion by Murphy, second by Huebsch and unanimously carried to appoint Terry Marthaler from District 4 to the Otter Tail County Board of Adjustment serving a one-year term. Land Use Administrative Ordinance Motion by Johnson, second by Murphy and unanimously carried to authorize a Public Hearing regarding the Land Use Administrative Ordinance on April 7, 2020 at 10:00 a.m. at the Government Services Center in Fergus Falls, MN. Clean Water Partnership Program Land and Resource Director Chris LeClair requested approval from the Board to submit an application to the Minnesota Pollution Control Agency for the Clean Water Partnership Loan Program . This program allows property owners to apply for a loan with the county to upgrade their septic systems. Payback for the loan would be applied to the applicant’s property taxes over a 10-year period at a 0% interest rate and would also be available to commercial establishments. Motion by Lindquist, second by Murphy and unanimously carried, with Johnson abstaining, to authorize the Land and Resource Director to apply for a grant with the Minnesota Pollution Control Agency in the amount of one (1) Million dollars to assist with funding of the Minnesota Clean Water Partnership program. Board of Commissioners’ Meeting Minutes February 25, 2020 Page 3 of 5 Amended Plat – “Old Town Townhouses”/ CIC#26 Motion by Huebsch, second by Johnson and unanimously carried to approve the amended plat known as “Old Town Townhouses” Common Interest Community #26 located in Section 12 of Clitherall Township; Clitherall Lake (56-238). Penalty Forgiveness Motion by Johnson, second by Murphy and unanimously carried to deny the requested penalty forgiveness in the amount of $590.75 to Matt and Bridget Cullen. Failure to update mailing address does not meet the requirements of the Otter Tail County Policy for penalty forgiveness. Ditch 45 Motion by Johnson, second by Huebsch and unanimously carried to authorize a Public Hearing regarding the finalization for redetermination of benefits for Ditch 45 on March 30, 2020 at 7:00 p.m. at the Parkers Prairie Event Center in Parkers Prairie, MN. Sale of Property Motion by Huebsch, second by Murphy and unanimously carried to reaffirm the public sale of a one -acre parcel (27000230155001) located in the Northeast quarter of the Southwest quarter of Section 23 in Folden Township. The tract is adjacent to the west side of County Highway 65 and is surrounded on the North, West and South sides by property owned by Joerger Land LLC. State Auditor Engagement Letter Motion by Lindquist, second by Murphy and unanimously carried to authorize the Otter Tail County Board Chair, County Administrator and County Auditor-Treasurer to sign the 2019 Audit Engagement Letter with the Office of the Minnesota State Auditor. MCIT Meeting Motion by Johnson, second by Murphy and unanimously carried to authorize Commissioners to attend the MCIT informational meeting on February 27, 2020 at 8:15 a.m. at the InterContinental Hotel in St. Paul, MN. The meeting is being held in conjunction with the AMC’s Legislative Conference. Closed to the Public At 10:20 a.m., Chair Rogness declared the Board of Commissioners meeting closed to the public for attorney client privileges to discuss matters regarding threatened litigation concerning claims of Kameron Boudin involving an incident on December 13, 2018. The closed session is authorized under M.S. 13D.05, subd. 3(b). Present were Commissioners; Lee Rogness, Chair; Betty Murphy, Vice Chair; Wayne Johnson, John Lindquist, Doug Huebsch, Board Secretary Tara Bakken, County Administrator Nicole Hansen, County Attorney Michelle Eldien and County Sheriff Barry Fitzgibbons. The closed session was concluded at 10:43 a.m. Out of State Travel Motion by Huebsch, second by Murphy and unanimously carried to authorize the Probation Director to attend the Orientation for Probation and Parole Chief Executives in Aurora, CO May 5th-7th, 2020. The Orientation focuses on presenting core competencies and their related skills and behaviors. All expenses will be funded by The National Institute of Corrections. ENACTING RESOLUTION FOR THE PARKS AND TRAILS ORDINANCE UNDER MINNESOTA STATUTE SECTION 375.51, SUBDIVISION 2, AND 398.34 Otter Tail County Resolution No. 2020 - 18 WHEREAS, the County is authorized pursuant to Minnesota Statues, Sections 398.31 to 398.36, to establish a Parks and Trails Ordinance; and Board of Commissioners’ Meeting Minutes February 25, 2020 Page 4 of 5 WHEREAS, the Parks and Trails Ordinance will secure the quiet, orderly and suitable use and enjoyment of public park and trail properties; and WHEREAS, the Parks and Trails Ordinance will guide the primary duty of the acquisition, development and maintenance of parks, trails, wildlife sanctuaries, forest and other reservations and providing the means for public access to historic sites, lakes, rivers, streams and other natural phenomena; and WHEREAS, the statutes provide that the County is granted full power and authority to acquire and establish parks and trails and to operate, maintain, protect and improve a park and trail system and conduct a recreational program; and WHEREAS, the County has caused notice of a public hearing on the Parks and Trails Ordinance published in the official newspaper and other local weekly newspapers of the County with at least three weeks’ notice given; and WHEREAS, pursuant to such notice, a public hearing on the proposal has been held by the County on February 11, 2020, at which hearing all persons desiring to present their oral or written comments on the proposal were given an opportunity to do so; and WHEREAS, the adoption of the Parks and Trails Ordinance vacates the Ordinance Relating to Prohibition of Alcoholic Beverages at Phelps Mills Park previously passed by the County on or about August 10, 1977; and WHEREAS, the adoption of the Parks and Trails Ordinance vacates the County Park Ordinance previously passed by the County on or about July 15, 1980. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. Pursuant to Minnesota Statutes Sections 398.31 to 398.36, the Board of Commissioners hereby enacts a Parks and Trails Ordinance. 2. The Ordinance Relating to Prohibition of Alcoholic Beverages at Phelps Mill Park is vacated. 3. The County Park Ordinance is vacated. Upon the motion of Johnson, is seconded by Lindquist, and passed on a 5-5 vote, the above resolution is hereby adopted by the Otter Tail County Board of Commissioners. Adopted at Fergus Falls, Minnesota, this 25th day of February 2020: OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ______________________________ By:___________________________________________ Attest:_______________________________ Leland R. Rogness, Board of Commissioners Chair Nicholas Leonard, Deputy Administrator Phelps Mill County Park 2020 Fee Schedule Motion by Johnson, second by Huebsch and unanimously carried to approve the Phelps Mill County Park 2020 Fee Schedule as presented effective March 1, 2020. For a full list of county fees visit https://ottertailcountymn.us/wp-content/uploads/2019/05/Otter-Tail-County-Fee-Schedule.pdf. Board of Commissioners’ Meeting Minutes February 25, 2020 Page 5 of 5 Amended CSAH 34 Engineering Services Agreement Motion by Johnson, second by Huebsch and unanimously carried to accept the requested amendment to the current fee for engineering services for the Perham to Pelican Rapids East Segment S.A.P 056-634-011 and S.P. 056-090-013. Adjournment At 10:56 a.m., Chair Rogness declared the Otter Tail County Board of Commissioners meeting adjourned. The next Board meeting is scheduled at 8:30 a.m. on Tuesday, March 3, 2020, at the Government Services Center in Fergus Falls, MN. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:______________________________ By: ____________________________________________ Attest: ______________________________ Leland R. Rogness, Board of Commissioners Chair Nicholas Leonard, Deputy Administrator Board of Commissioners’ Meeting Minutes February 25, 2020 (Exhibit A) Page 1 of 6 Board of Commissioners’ Meeting Minutes February 25, 2020 (Exhibit A) Page 2 of 6 Board of Commissioners’ Meeting Minutes February 25, 2020 (Exhibit A) Page 3 of 6 Board of Commissioners’ Meeting Minutes February 25, 2020 (Exhibit A) Page 4 of 6 Board of Commissioners’ Meeting Minutes February 25, 2020 (Exhibit A) Page 5 of 6 Board of Commissioners’ Meeting Minutes February 25, 2020 (Exhibit A) Page 6 of 6