HomeMy WebLinkAboutBoard of Commissioners - Minutes - 03/26/2019
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room
515 W. Fir Avenue, Fergus Falls, MN
March 26, 2019
9:00 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 9:00 a.m. Tuesday, March 26, 2019, at the
Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Lee Rogness,
Vice-Chair; Wayne Johnson, John Lindquist and Betty Murphy present.
Approval of Agenda
Chair Huebsch called for approval of the Board Agenda. Motion by Johnson, second by Rogness and
unanimously carried to approve the Board of Commissioners Agenda of March 26, 2019, with the addition
to recess after the morning agenda and reconvene at 2:00 p.m. for a Buffalo-Red River Watershed District
update.
Consent Agenda
Motion by Johnson, second by Lindquist and unanimously carried to approve Consent Agenda items as
follows:
1. March 12, 2019, Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for March 26, 2019 (Exhibit A)
3. Human Services & Public Health Warrants/Bills for March 26, 2019 (Exhibit A)
4. Solid Waste Hauler Application for New Owner of West-Central Roll-Off
5. Approval of Remote Electronic Monitoring Grant Agreement for Additional
Funding
6. Approve Issuance of On-Sale Seasonal Liquor License and Sunday Liquor for
The Peak Supper Club
7. Approve Issuance of County Credit Card for Kathleen Shur, Assistant County
Attorney
8. Approve Otter Tail Lakes Country Association Service Agreement
Fraud & Collection Annual Report
Sandy Holo, Lead Investigator, reviewed the Fraud Investigation Annual Report highlighting the difference
between a civil administrative procedure and criminal process for welfare fraud investigations. Ms. Holo
indicated that most individuals sign disqualification forms after being presented with evidence that they have
committed an intentional program violation. The disqualification penalty is the same for the civil and criminal
process. Discussion took place regarding the public perception that the county is not addressing fraud in
public assistance programs. In 2018, the total amount of savings and overpayments discovered as a result
of fraud investigations was $200,436. Twenty individuals were disqualified through the administrative
disqualification process. The overpayments resulting from these disqualifications totaled $40,963.
Collections Officer Crystal Herman reported that medical assistance estate recoveries continue to have the
highest recoveries, and $426,752.99 was collected in 2018. Other collections, including but not limited to
recoveries from housing assistance overpayments, fees for detox services, and room and board fees, had
an overall total of $537,129.86.
Both Ms. Holo and Ms. Herman described the importance of this work to ensure that individuals and families
eligible and in need of these benefits will have access to available program dollars. They also spend time
educating those with overpayments so that they understand the assistance and programmatic requirements.
The Board supports the efforts of fraud and collections.
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March 26, 2019
Page 2
Third-Party Billing and Fee Collection Report
Financial Assistance Supervisor Cheryl Ranum made preliminary comments regarding third-party billing and
how the County can seek reimbursements from private and public health insurers for the cost of health-
related services for clients adding that the system is becoming more complex. Erin Haugrud, Eligibility
Worker, provided background about federal IV-E payments, parenting fees, and child attributed income such
as child support or social security that can be recouped for children in out-of-home placement through the
County. The County was reimbursed approximately $169,000 in 2018 through federal IV-E payments, an
amount which could be exceeded in 2019.
PROCLAMATION In Support of
“CHILD ABUSE PREVENTION”
Otter Tail County Resolution No. 2019 - 25
WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement
among people throughout the community;
WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by the entire
community;
WHEREAS, effective child abuse prevention succeeds because of partnerships created between parents,
practitioners, schools, faith communities, health care organizations, law enforcement agencies, and the
business community;
WHEREAS, family-serving, youth-focused prevention programs offer positive alternatives for young people
and encourage parents and youth to develop strong ties to their communities;
WHEREAS, all citizens need to be more aware of child abuse and neglect and its prevention within the
community and be involved in supporting parents to raise their children in a safe, nurturing society.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby
proclaim April 2019 as Child Abuse Prevention Month in Otter Tail County, and call upon all citizens,
community agencies, religious organizations, medical facilities, and businesses to increase their participation
in efforts to prevent child abuse and neglect, thereby strengthening the communities in which we live.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly
seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, the
following voted in favor:
Commissioners Huebsch, Rogness, Murphy, Lindquist, and Johnson, and
Adopted at Fergus Falls, Minnesota, this 26th day of March 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Ranked Choice Voting
Kent Horsager and Dr. Maureen Reed of FairVote MN presented the concept of Ranked Choice Voting
(RCV) describing that it eliminates the need for a primary and general election by combining them into one
whereby voters rank their preference. The ballots are counted according to the voters’ first choices. Dr.
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March 26, 2019
Page 3
Reed described that if a candidate does not receive the majority of the votes, the least popular candidates
are eliminated, and their ballots get redistributed to the remaining candidates based on the voters’ next
choices until one candidate receives a majority of ballots remaining. The Ranked Choice Voting Local
Options bill has been introduced in the 2019 legislature, which would allow a county the right to use RCV if
it chooses.
Reclassification of IT Position
Motion by Rogness, second by Lindquist and unanimously carried to reclassify the position of Administrative
Assistant to a Technology Analyst in the IT Department.
Out-of-State Travel
Motion by Johnson, second by Murphy and unanimously carried for Recorder Carol Schmaltz and Chief
Deputy Recorder Lynn Larson to attend the Fidlar Symposium in Davenport, IA, from May 20-22, 2019.
Fidlar will provide up to $650 for transportation costs. Other expenses will be paid for through the Technology
Fund and Tapestry Fund.
Recess & Reconvene
At 10:05 a.m., Chair Huebsch 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 10:10 a.m.
North Country Food Bank
Susie Novak, Executive Director of North Country Food Bank, described that a new facility is needed
because of inadequate food storage, to meet state compliance requirements, and to obtain a licensed clean
room for product repacking. Through the sponsorship of Polk County, the legislature approved a bonding
bill in 2018, but the food bank will still need to raise at least $1,000,000 to build the facility. The North Country
Food Bank is centrally located in Crookston, MN, and services counties as far north as Lake of the Woods
and south to the Stevens County area. Executive Director Mary Phillipe of United Way stated that the food
bank currently provides nearly 15,000 meals for the backpack program and is a partner locally. Motion by
Johnson, second by Rogness and unanimously carried to provide $50,000 in funding for the new North
Country Food Bank facility.
Solid Waste Fees for Waste Removal
Motion by Rogness, second by Murphy and unanimously carried to approve fees that the Solid Waste
Department can charge, as set forth in the below Time and Material Fee Schedule, for services such as the
disposal of waste from properties that have a public health hazard and cleaning up illegally stored excessive
waste on property:
TIME AND MATERIAL FEE SCHEDULE
DESCRIPTION UNIT COST PER UNIT
HOOK TRUCK W/ OPERATOR PER HOUR $60.00
PUP TRAILER PER HOUR $20.00
SEMI TRACTOR W/OPERATOR PER HOUR $70.00
FORK LIFT AND OPERATOR PER HOUR $60.00
SKIDSTEER AND OPERATOR PER HOUR $60.00
ROLL‐OFF RENTAL PER DAY PER
WEEK PER
MONTH
$20.00
$100.00
$300.00
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March 26, 2019
Page 4
ROLL‐OFF DELIVERY SEE HOURLY RATE OF HOOK TRUCK
COMPLIANCE REPRESENTATIVE PER HOUR $40.00
STAFF FOR CLEANUP AND
ABATEMENT ACTIVITIES
PER HOUR
$30.00
Senate File 1227 – Solid Waste Management Tax
Revenue Allocation Modification
Motion by Johnson, second by Rogness and unanimously carried to approve a letter to Senator Bill
Ingebrigtsen for co-authoring and supporting Senate File 1227 (Solid Waste Management Tax Revenue
Allocation Modification) to the 91st Minnesota Legislature.
County Ditch 52
Ditch Inspector Kevin Fellbaum addressed issues that were brought up at the Benefit Redetermination
Hearing for Otter Tail County Ditch 25 at the hearing on March 18, 2019. Discussion included the area
boundaries in the Ditch 52 redetermination and whether other lakes should be included. Motion by Rogness,
second by Murphy and unanimously carried to consult with Rinke Noonan for a legal opinion. Further
discussion addressed crop prices used at the time of the redetermination. Motion by Johnson, second by
Lindquist and unanimously carried for the Ditch Inspector to contact five local elevators for crop prices on
April 15, 2018. The public hearing from March 18, 2019, is recessed until Monday, August 26, 2019, at 7:00
p.m. held at the Government Services Center in Fergus Falls, MN.
Tax Forfeited Property
Motion by Johnson, second by Lindquist and unanimously carried for the Henning Fire Department to
conduct a controlled burn/training exercise of the tax forfeited property located at 609 Ellenson Avenue in
Henning, MN.
Aquatic Invasive Species Task Force
Motion by Rogness, second by Murphy and unanimously carried to authorize release of $30,000 to support
COLA education on Aquatic Invasive Species Prevention per the 2019 AIS Task Force Budget as set forth
in the AIS Minutes from February 11, 2019.
Planning Commission Recommendations
Conditional Use Permit – Otter Tail County Highway Department for CSAH 34:
Motion by Johnson, second by Lindquist and unanimously carried to approve a Conditional User Permit to
reconstruct approximately 3.24 miles of CSAH 34 near Perham, MN, with a condition as recommended by
the Planning Commission. The project is located 3.24 miles of CSAH No. 34 near Perham, MN; Section 18
of Perham Township and Sections 10, 11, 12, 13, 14, 15 & 16 of Edna Township; Ceynowa Lake (56-337),
Natural Environment (NE), Little McDonald Lake (56-328), General Development (GD), Unnamed Lake (56-
1339), Natural Environment (NE), Paul Lake (56-335), Recreational Development (RD) and Rusch Lake (56-
1641), Natural Environment (NE).
RESOLUTION FOR THE OTTER COUNTRY TRAIL ASSOCIATION (OCTA)
GRANT-IN-AID FUNDING
Otter Tail County Resolution No. 2019 – 26
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and
WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review and
approval of the County Attorney; and
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March 26, 2019
Page 5
THEREFORE, BE IT RESOLVED, that Otter Tail County shall continue to sponsor Grant-In-Aid Trail
Systems as they exist for the Otter Country Trail Association Snowmobile Club for the 2019 – 2020
snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition.
Commissioner Murphy seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 26th day of March 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
RESOLUTION FOR LIMITED USE PERMIT NO. 5602-0037
Otter Tail County Resolution No. 2019 - 27
Commissioner Johnson offered the following and moved its adoption:
IT IS RESOLVED that the County of Otter Tail enter into Limited Use permit No. 5602-0037 with the State
of Minnesota, Department of Transportation for the following purposes:
To provide for maintenance and use by the County of Otter Tail upon, along and adjacent to Trunk Highway
No. 59, 78, 94, 29, 108, 10, 106, 210, 235, and 34, the limits of which are defined in said Limited Use Permit.
C.S. 5607 (T.H. 10) C.S. 5610 (T.H. 29) C.S. 5617 (T.H. 59)
C.S. 5620 (T.H. 78) C.S. 5618 (T.H. 59) C.S. 5602 (T.H. 210)
C.S. 5609 (T.H. 29) C.S. 5680 (T.H. 94) C.S. 5604 (T.H. 210)
C.S. 5622 (T.H. 106) C.S. 5603 (T.H. 210) C.S. 5619 (T.H. 78)
C.S. 5623 (T.H. 108) C.S. 5624 (T.H. 108) C.S. 5627 (T.H. 235)
C.S. 5605 (T.H. 10) C.S. 5606 (T.H. 10) C.S. 5621 (T.H. 78)
C.S. 5625 (T.H. 108) C.S. 5608 (T.H. 29) C.S. 5611 (T.H. 34)
LUP#5602-0037
IT IS FURTHER RESOLVED that the Otter Tail County Board of Commissioners does hereby approve said
Limited Use Permit and authorizes and directs the County Board chairperson to execute, on behalf of County
of Otter Tail, the aforesaid Limited Use Permit.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 26th day of March 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Bois de Sioux Watershed District – Appointment
Motion by Lindquist, second by Murphy to follow proper procedures including published notice for
appointment of a Board Member to the Bois de Sioux Watershed District Board of Managers. The
appointment will be scheduled on the May 7, 2019, regular board agenda.
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March 26, 2019
Page 6
RESOLUTION FOR PERHAM TO PELICAN RAPIDS REGIONAL TRAIL
RESOLUTION NO. 2019 – 28
Commissioner Rogness offered the following and moved its adoption:
WHEREAS, the County of Otter Tail supports the grant application made to the Minnesota Department of
Natural Resources for the Regional Trail Program. The application for right of way acquisition needed for
the Perham to Pelican Rapids Regional Trail. The trail system is located within Otter Tail County, and
WHEREAS, the County of Otter Tail recognizes that it has secured $83,000 in non-state cash matching funds
for this project.
NOW, THEREFORE, BE IT RESOLVED, if the County of Otter Tail is awarded a grant by the Minnesota
Department of Natural Resources, the County of Otter Tail agrees to accept the grant award, and may enter
into an agreement with the State of Minnesota for the above referenced project. The County of Otter Tail will
comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement,
and
BE IT FURTHER RESOLVED, the Board of Commissioners of the County of Otter Tail names the fiscal agent
for the County of Otter Tail for this project as:
Charles H. Grotte, P.E.
County Engineer
Otter Tail County
505 South Court Street, Suite 1
Fergus Falls, MN 56537-2757
BE IT FURTHER RESOLVED, the County of Otter Tail hereby assures the Perham to Pelican Rapids Regional
Trail will be maintained for a period of no less than 20 years.
Commissioner Murphy seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 26th day of March 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Phelps Mill Renovation Assessment
Motion by Rogness, second by Lindquist and unanimously carried to authorize the appropriate County
Officials’ signatures to execute the agreement with BHH Partners for Architectural Services to conduct a
Renovation Assessment Study with repair recommendations for the Phelps Mill building.
Highway Projects
Motion by Johnson, second by Rogness and unanimously carried to authorize the appropriate county
Officials’ signatures to execute the following agreements for Highway projects:
Seasonal Supply of Hot Mix Bituminous:
To execute a contract with Mark Sand & Gravel, of Fergus Falls, MN, in the amount of $766,500.00, for a
seasonal supply of hot mix bituminous for the 2019 construction season.
Right of Way Weed Control for East & West OTC:
To execute contracts with L&M Road Services, LLC, of Ulen, MN, in the amounts of $20,700.00 (East) and
$27,600.00 (West) for weed control.
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March 26, 2019
Page 7
County Highway Right of Way Brush Control:
To execute a contract with L&M Road Service, LLC, of Ulen, MN, in the amount of $30,000, for brush control.
Motion by Johnson, second by Murphy and unanimously carried to authorize appropriate County Officials’
signatures to execute the following agreements for Highway Projects:
Seasonal Supply of Hot Mix Bituminous:
To execute a contract with Wadena Asphalt, Inc., of Wadena, MN, in the amount of $728,000, for a seasonal
supply of hot mix bituminous for the 2019 construction season, and to execute a contract with Central
Specialties, Inc., of Alexandria, MN, in the amount of $765,100.00, for a seasonal supply of hot mix
bituminous for the 2019 construction season.
Fir Avenue Feasibility Study
Motion by Rogness, second by Johnson and unanimously carried to amend the Professional Services
Agreement for the Fir Avenue Feasibility Study as recommended by County Engineer Chuck Grotte, for a
total project budget of $63,944.35.
RESOLUTION FOR TRANSPORTATION FUNDING
Otter Tail County Resolution No. 2019 - 29
WHEREAS, Minnesota Counties maintain 30,742 miles of County State Aid Highway (CSAH) roads and
14,141 miles of county roads, totaling over 30% of the state’s roadways; and
WHEREAS, the total annual need is $1.084 billion over the next 25 years just to maintain the current CSAH
and county road system, not including expansion; and
WHEREAS, the annual funding gap for counties has resulted in deferring basic maintenance, delaying
expansion projects with resulting safety concerns, mounting congestion, and missed economic growth for
businesses and commuters; and
WHEREAS, a comprehensive and sustainable transportation solution should include robust funding for
roads, bridges, and transit, and address the varying needs in different parts of the state; and
WHEREAS, increased funding for Minnesota’s Highway User Tax Distribution Fund would provide additional,
stable funds for MnDOT, all 87 counties, all cities with a population of 5,000 or more, and townships across
the state;
NOW THEREFORE BE IT RESOLVED, that the Otter Tail County Board of Commissioners encourages the
Minnesota Legislature to pass and the Governor to sign a bill that brings adequate funding to Minnesota’s
statewide transportation system.
The motion for adoption of the foregoing resolution was made by Commissioner Johnson and duly seconded
by Commissioner Rogness to adopt Otter Tail County Resolution No. 2019 – 29 and Chairman Huebsch
called for a roll call vote:
Board of County Commissioners YEA NAY ABSENT ABSTAIN
Doug Huebsch X
Wayne D. Johnson X
John Lindquist X
Betty Murphy X
Leland R. Rogness X
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
OTC Board of Commissioners’ Minutes
March 26, 2019
Page 8
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Recess & Reconvene
At 11:35 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners
recessed for a committee meeting and a meeting with the DNR. The Board of Commissioner’s meeting was
reconvened at 2:28 p.m.
Buffalo-Red River Watershed District
Peter Fjestad provided the board with an update regarding the FM Area Diversion Project as well as the
current state of potential flooding in the coming weeks. Mr. Fjestad advised of a Permitting Hearing for the
FM Area Diversion Project that will be held on a later date in April.
Adjournment
At 2:58 p.m., Chair Huebsch declared the Otter Tail County Board of Commissioners meeting adjourned.
The next Board meeting is scheduled at 9:00 a.m. on Tuesday, April 2, 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/nh
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Exhibit A, Page 1
WARRANTS APPROVED ON 3/26/2019
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Exhibit A, Page 2
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Exhibit A, Page 3
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Exhibit A, Page 4
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Exhibit A, Page 5
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Exhibit A, Page 6