HomeMy WebLinkAboutBoard of Commissioners - Minutes - 03/12/2019
MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN
March 12, 2019 9:00 a.m.
Call to Order The Otter Tail County Board of Commissioners convened at 9:00 a.m. Tuesday, March 12, 2019, at the Government Services Center in Fergus Falls, MN. Vice-Chair Lee Rogness presided over the meeting with Commissioners John Lindquist and Betty Murphy present. Chairman Doug Huebsch and Commissioner Wayne Johnson were absent due to attendance at other meetings. Approval of Agenda Vice-Chair Rogness called for approval of the Board Agenda. Motion by Lindquist, second by Murphy and unanimously carried to approve the Board of Commissioners Agenda of March 12, 2019 as presented. Consent Agenda Motion by Murphy, second by Lindquist and unanimously carried to approve Consent Agenda items as
follows: 1. March 5, 2019, Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for March 12, 2019 (Exhibit A) 3. Human Services & Public Health Warrants/Bills for March 12, 2019 (Exhibit A) 4. Re-appointment of Scott Bjerke to the Probation Advisory Committee for the First District effective January 1, 2019, for a three-year term 5. Parking Space Lease with First Lutheran Church 6. LG220 Application for Exempt Permit for an Event Sept. 14, 2019 at Silvermoon Lounge & Steakhouse 7. Issuance of County Credit Card to Matthew Spielman, Assistant County Attorney Safe Communities Coalition Jane Neubauer, Safe Communities Coalition Coordinator, briefed the Board on safe road activities Towards Zero Deaths (TZD). The message to drive safely is promoted through social media, posters, and school education including victim impact statements. The Safe Communities Coalition annual banquet is scheduled at Noon on May 8, 2019, at the Law Enforcement Center in Ottertail, MN. Ms. Neubauer requested approval of the following resolution: DISTRACTION-FREE DRIVING WEEK – APRIL 8-14, 2019 A Proclamation by the Otter Tail County Safe Communities Coalition Otter Tail County Resolution No. 2019 – 22 A motion was offered by Commissioner Murphy, second by Commissioner Lindquist and unanimously carried to adopt the following resolution: WHEREAS, the safety and security of the citizens of Otter Tail County and surrounding areas are vitally important; and WHEREAS, a large percentage of our citizens regularly drive or ride in motor vehicles on our roadways; and WHEREAS, according to the Office of Traffic Safety, each year in Minnesota, distracted or inattentive driving is a factor in one in four crashes, resulting in at least 70 deaths and 350 serious injuries; and
OTC Board of Commissioners’ Minutes March 12, 2019 Page 2 WHEREAS, the Otter Tail County Safe Communities Coalition supports efforts that help raise awareness of the dangers of distracted driving, particularly amongst teenagers, in order to both reduce the number of distracted driving crashes related to distracted or inattentive driving; and
WHEREAS, across the state, 87 law enforcement agencies will actively be participating in the distracted driving enforcement mobilization during the month of April 2019 to reduce the risk of injury and death caused in traffic crashes related to distracted or inattentive driving; and WHEREAS, text-messaging, emailing or accessing the web on a wireless device while driving – including while stopped in traffic – became illegal on Minnesota roads effective August 1, 2008; and WHEREAS, one of the most effective means of encouraging safer and smarter behavior by motorists involves convincing drivers of the need to devote their full attention and energy to driving by avoiding distractions such as phone calls, texting, eating, drinking, adjusting vehicle and music controls, and reaching for items; and
WHEREAS, in order to reduce the number of crashes as well as improve driver safety, Otter Tail County motorists should dedicate themselves to adopting and maintaining safe behavior while behind the wheel. NOW, THEREFORE, BE IT RESOLFVED THAT WE, the Board of the Otter Tail County Commissioners, of the great state of Minnesota, do hereby proclaim APRIL 8-14, 2019 DISTRACTION-FREE DRIVING WEEK in Otter Tail County, and we call this observance to the attention of all our citizens. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _________________________ By: __________________________________ Attest: _________________________ Douglas A. Huebsch, Board Chair John W. Dinsmore, Clerk Grant for Safe Communities Coalition Motion by Lindquist, second by Murphy and unanimously carried to authorize the Safe Communities
Coalition Coordinator and Public Health Director to proceed with submission of a grant for Coalition funding for next year. Grant/Pilot Project Extension with Department of Human Services (DHS) Motion by Lindquist, second by Murphy and unanimously carried to authorize the appropriate County Officials’ signatures to execute a contract between several community partners and MN DHS for a six-month extension for work on electronic health information exchange. The current project ends March 31, 2019. DHS has an additional $200,000 in funds to continue the pilot project specifically around consent management. ACCEPTING DEDICATED DONATION TO SUPPORT PUBLIC HEALTH FAMILY & CHILDREN PROGRAMS Otter Tail County Resolution No. 2019 - 23 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
OTC Board of Commissioners’ Minutes March 12, 2019 Page 3 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 Lindquist, duly seconded by Commissioner Murphy and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Rogness, Lindquist, and Murphy
And the following voted against the same: None
Adopted at Fergus Falls, Minnesota this 12th day of March 2019 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _________________________ By: __________________________________ Attest: _________________________ Douglas A. Huebsch, Board Chair John W. Dinsmore, Clerk Public Works Information Administrator John Dinsmore briefed the Board on Minnesota counties support for additional transportation funding. The Public Works Director will bring a resolution for consideration regarding transportation funding at an upcoming Board meeting.
Mr. Dinsmore also reported on the Little McDonald Kerbs & Paul (LMKP) Lake Improvement District (LID) outlet project as it relates to boat traffic moving between Kerbs and Little McDonald Lakes. Buffalo-Red River Watershed District (BRRWD) BRRWD President Jay Leitch and Otter Tail County representative Peter Fjestad submitted two documents as follows: “Rules of the Buffalo-Red River Watershed District” and “Buffalo-Red River Watershed District, Special Meeting, Tuesday, February 19, 2019”. Mr. Leitch and Mr. Fjestad expressed concern with fifty-four (54) conditions included with the MN DNR permit for the diversion project. They were concerned with the contradictory and vague language of the conditions of the permit and lack of responsibility in the enforcement of the conditions. The BRRWD contested the MN DNR permit – not the diversion project. Mr. Leitch indicated that the BRRWD must go by their rules which
includes landowners in the BRRWD signing off on permit applications. The BRRWD will hold a public hearing on the MN DNR permit for the diversion project with sixty minutes set aside for both sides of the issue. The County Board will be advised of the date and time of the hearing.
OTC Board of Commissioners’ Minutes March 12, 2019 Page 4 IN RECOGNITION OF MARLYS WILDE LEMKE’S PUBLIC SERVICE WITH OTTER TAIL COUNTY’S WELFARE AGENCY, SOCIAL SERVICES DEPARTMENT AND HUMAN SERVICES DEPARTMENT Otter Tail County Resolution No. 2019 – 20 The following resolution was offered by Commissioner Lindquist, who moved to recognize and honor the public service of Marlys Wilde Lemke with Otter Tail County: WHEREAS, Marlys’ 80 years of life spanned from September 15, 1938 to February 22, 2019; and WHEREAS, following primary school education from District 37 and graduation from Roosevelt Senior High School, Fergus Falls, Minnesota, on May 31, 1956 with a business class emphasis in typing and stenography, Marlys’ public service with Otter Tail County included employment from May 3, 1956 to September 15, 1959 and from July 1, 1965 to March 24, 2017; and
WHEREAS, Marlys’ 20,124 days of employment, or 55 years, 1 month and 4 days of public service to Otter
Tail County would make her the longest serving county employee in the history of Otter Tail County; and WHEREAS, during her tenure with Otter Tail County, Marlys’ service encompassed a variety of job roles, including Clerk Stenographer I/II, an Information Systems Specialist, a Computer Operations Specialist and a Case Aide; and WHEREAS, during her tenure with Otter Tail County, Marlys’ legacy included a range of accomplishments including, but not limited to:
• Outstanding service to the public, including serving as the agency’s early “expert” on utilization of computer equipment as the County began to utilize electronic data processing systems;
• Marlys was selected for the 1998 Outstanding Financial Worker/Case Aide Award at their Fall conference in September. This organization has over 700 members throughout Minnesota. Marlys was the first recipient of this award which was based on dedication, leadership, and positive attitude among other distinguishing characteristics
• Marlys was selected as the Minnesota Social Service Association’s (MSSA) outstanding retiree of the year in 2017.
• From September 21, 1988 until her retirement, Marlys’ career as a Case Aide included facilitation and supervision of visits between children and parents striving to accomplish goals and learn the skills needed to become a reunified family; and WHEREAS, Marlys was an exemplary mentor to many and her public service commitment was both remarkable and inspirational in a world of challenges and barriers. THEREFORE, BE IT RESOLVED THAT: The Otter Tail County Board of Commissioners recognizes the many years of service, dedication and commitment exemplified by Marlys’ 55-year public service career, and we express our utmost gratitude and appreciation for her selfless years of service to the residents of Otter Tail County and the State of Minnesota.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Lindquist, duly seconded by Commissioner Murphy, and, after discussion and commendation thereof and upon vote being taken thereon, the resolution was adopted unanimously.
OTC Board of Commissioners’ Minutes March 12, 2019 Page 5 Adopted at Fergus Falls, Minnesota, this 12th day of March 2019
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _________________________ By: __________________________________ Attest: _________________________ Douglas A. Huebsch, Board Chair John W. Dinsmore, Clerk Recess & Reconvene At 10:15 a.m., Vice-Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioner’s meeting was reconvened at 10:20 a.m. Wheel Loader Lease Motion by Murphy, second by Lindquist and unanimously carried to extend a lease between Otter Tail County and KS State Bank for refinancing Contract # 3350970 for one 2018 Volvo L60G Wheel Loader with bucket
for two years at $10,000 per year.
Recess & Reconvene At 10:35 a.m., Vice-Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for two committee meetings and lunch break. The Board of Commissioner’s meeting was reconvened at 1:30 p.m. LG240B Application to Conduct Bingo Motion by Lindquist, second by Murphy and unanimously carried to approve the LG240B Application to Conduct Excluded Bingo as submitted by Zion Lutheran Church of Amor for an event scheduled for Sunday, April 7, 2019, located at 36501 County Highway 75 in Amor Township. Letter of Representation for Depository Trust Company Motion by Murphy, second by Lindquist and unanimously carried to authorize Wayne Stein, County Auditor-Treasurer, to sign the Blanket Issuer Letter of Representations for the Depository Trust Company (DTC) as
requested by Ehlers and Associates. MINNESOTA POLLUTION CONTROL AGENCY FY 2019-2020 MN GREENCORPS HOST SITE AUTHORIZATION RESOLUTION Otter Tail County Resolution No. 2019 - 24 WHEREAS, Otter Tail County Solid Waste Department has applied to host an AmeriCorps member from the Minnesota GreenCorps, a program of the Minnesota Pollution Control Agency (MPCA), for the 2019- 2020 program year; and WHEREAS, if the MPCA selects Otter Tail County Solid Waste Department, the organization is committed
to implementing the proposed project as described in the host site application, and in accordance with pre-scoped position description; and WHEREAS, the MPCA requires that Otter Tail County Solid Waste Department enter into a host site agreement with the MPCA that identifies the terms, conditions, roles and responsibilities;
OTC Board of Commissioners’ Minutes March 12, 2019 Page 6 BE IT RESOLVED THAT Otter Tail County Solid Waste Department hereby agrees to enter into and sign a host site agreement with the MPCA to carry out the member activities specified therein and to comply with all of the terms, conditions, and matching provisions of the host site agreement and authorizes and directs
Chris McConn, Solid Waste Director, to sign the grant agreement on its behalf. The motion for the adoption of the foregoing resolution was introduced by Commissioner Rogness, duly seconded by Commissioner Murphy, and, after discussion thereof and upon vote being taken thereon, the resolution was adopted unanimously. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _________________________ By: __________________________________ Attest: _________________________ Douglas A. Huebsch, Board Chair John W. Dinsmore, Clerk Recess & Reconvene
At 1:53 p.m., Vice-Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The Board of Commissioner’s meeting was reconvened at 2:00 p.m.
Public Hearing for Revisions to the Subsurface Sewage Treatment Systems Ordinance Vice-Chair Rogness opened the Public Hearing for the Sanitation Code for proposed revisions to the Subsurface Sewage Treatment Systems (SSTS) Ordinance. Three documents were received with comments regarding the proposed revisions from Cory Budke of Budke Excavating & Septics Plus, LLC, Scott Ellingson of Scott’s Septic Services, LLC, and Minnesota Pollution Control Agency (MPCA). There were eighteen members of the public that signed the attendance sheet. Chris LeClair, Land & Resource Director, submitted a memorandum highlighting the major proposed revisions to the Sanitation Code dated January 24, 2019. Mr. LeClair explained the following:
• The proposed Ordinance is changing from an 11 page document to a 71 page document. The purpose is to combine the current document with MN Rules 7080-7083, which previously have been adopted by reference.
• An administrative change requiring a County soil verification prior to the permit being issued. This will occur prior to the installment of the septic system so costs are not incurred for a system that may not be compliant.
• The proposed minimum septic tank sizing has been increased to a two-compartment tank. The rationale is that two compartments adds to the longevity of the system.
• Contractors inspection requests must be made by 4 p.m. the business day before the inspection is needed. At 2:09 p.m., Vice-Chair Rogness opened the public hearing for comments from the public summarized as follows: Tom Falk, Tom’s Backhoe, Vergas, MN:
• Expressed concern that many septic systems will have to be mound systems based on the requirements of the new – the proposed changes are adding unnecessary cost
• Electric holding tank alarms are not necessary especially at hunting cabins, etc. that don’t have electric power – visible floats work just as good
• Under Section 16, Subp.2 G - The 50% language is incorrect and does not address best location for a septic system
• Section 16; Subp.2, G – Questioned minimum setback of 75’ from wetlands (Unclassified Body of Water will be removed)
OTC Board of Commissioners’ Minutes March 12, 2019 Page 7
• 35% - 50% rock fragments rule should not be enforced prior to January 1, 2019, because this was not enforced by Otter Tail County since it was put in State code
• Some lots do not have enough room for the 15 percent rule under Section 17; Subp 5. F. – other counties use 25% rule and the systems still work
• Type III inspections – concerned with storing sand on site as sometimes there is not enough room on site
• Hard to find clean/washed sand Bill Schueller, Schueller Septic Solutions; Fergus Falls:
• Some of the references in the draft Ordinance are incorrect. (These have been corrected)
• Requested another public hearing
• In reference to rock fragments in systems installed after 2008 – What happens when the County indicates that soils don’t need to be looked at because the system qualifies for the soil resolution? (this does not apply from 2008 through March of 2011)
• When sizing a tank for a 3-bedroom home, the minimum will now be 1500 gal. with 2 compartments. Would the tank size need to be increased if adding a garbage disposal? Chuck Watkins, Vergas
• Rock fragments – why wasn’t this adopted already if the State required it and the installers/designers should not be responsible for something the County did not enforce
• Questioned when inspections on new installations need to be done (Change is only for Mounds, Type III Systems) Laramie Barry, Dent:
• Rock fragments should not be considered until 1/1/2019 because the County did not enforce that portion of MN rules. The County was allowing the septic systems installations without considering this rule
• Concerned about legal certificates of compliance the County did not provide
• Will a permit be required any time a repair is completed? (this will depend on the nature of the repair – maintenance will not require a permit)
• For subdivisions, why is the sizing increasing from 2500 sq. ft. to 5000 sq. ft? (the State code requires
a primary and secondary area for septic system)
• 9-bedroom formula is incorrect (this will be corrected in the next draft Ordinance)
• 50% rule on lakes has been 50’ on the lake and there is no mention of this in the Ordinance. (the 50% rule is only for lot lines, dwellings, and structures)
• Tank sizing has increased through the years, but this is not necessary if people maintain their tanks like they should – people who have bigger tanks, tend to ignore proper maintenance
• Spoke in favor of enforcing tank pumping prior to compliance
• At Point of Sale inspections, the new homeowners should receive a copy of the management plan Phil Stoll, Stoll Inspections:
• During inspection school/trainings, they always stated don’t worry about rock fragments for existing systems. None of these rock fragments were checked from 2011 to current time. If a newer system is failed because of this, lawsuits could be a concern
• Tank pumping prior to inspections (This is a State code that could go into effect January 1, 2020). (Several installers indicated that they like to inspect a tank before it is pumped)
OTC Board of Commissioners’ Minutes March 12, 2019 Page 8 Paul Hess, Underwood:
• Regarding the requirement to call in by 4 p.m. the day before to request an Inspection - There are days that we don’t know what is left to do the next morning and if call in by 4 p.m., it will be difficult to tell Land & Resource when we need the inspection. (Contractor can call the Land & Resource Inspector and change the time if needed)
At 2:49 p.m., the Public Hearing is recessed and will be continued after an appropriate notice to the public. The draft Subsurface Sewage Treatment Systems Ordinance will be updated after a Public Works Committee meeting on March 26, 2019, and available on the County website. Adjournment At 2:57 p.m., Vice-Chair Rogness declared the Otter Tail County Board of Commissioners meeting adjourned. The next Board meeting is scheduled at 9:00 a.m. on Tuesday, March 26, 2019, at the Government Services Center in Fergus Falls, MN. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest: Douglas A, Huebsch, Board Chair John W. Dinsmore, Clerk
CB/kd
OTC Board of Commissioners’ Minutes March 12, 2019 Exhibit A, Page 1 WARRANTS APPROVED ON 3/12/2019
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OTC Board of Commissioners’ Minutes March 12, 2019 Exhibit A, Page 4
OTC Board of Commissioners’ Minutes March 12, 2019 Exhibit A, Page 5