HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/23/2019
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room
515 W. Fir Avenue, Fergus Falls, MN
April 23, 2019
9:00 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 9:00 a.m. Tuesday, April 23, 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 Rogness, second by Murphy and
unanimously carried to approve the Board of Commissioners Agenda of April 23, 2019.
Consent Agenda
Motion by Lindquist, second by Johnson and unanimously carried to approve Consent Agenda items as
follows:
1. April 09, 2019 Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for April 23, 2019 (Exhibit A)
3. Human Services & Public Health Warrants/Bills for April 23, 2019 (Exhibit A)
4. Approval of West Central Ag-Air – Authorization for Aerial Spraying of Tent
Worm Caterpillars
5. Approval of 2019 HHW Mobile Collections
6. Issue an On-Sale Liquor, including Sunday Liquor, to Spanky’s Stone Hearth
for July 1, 2019 – June 30, 2020
7. Issue an On-Sale Wine and On/Off Sale 3.2 Malt Liquor License to Ten Mile
Lake Resort for July 1, 2019 – June 30, 2020
8. LG220 Application for Exempt Permit for an Event August 25, 2019, at the
Finn Creek Open Air Museum
9. Issue an On-Sale Seasonal Liquor License, including Sunday Liquor, to
Zorbaz of Pelican Lake for May 1, 2019, through October 31, 2019.
PROCLAMATION In Support of
“FOSTER CARE MONTH OF MAY 2019”
Otter Tail County Resolution No. 2019 - 36
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, the family, serving as the primary source of love, identity, self-esteem and support, is the very
foundation of our communities, our state, and our Country.
WHEREAS, in 2019, to date there were 47 children in the Otter Tail County licensed foster homes. Foster
care provides a safe, secure and stable home for children also providing compassion and nurturance of a
family setting, and
WHEREAS, in 2019, to date Otter Tail County Human Services currently has 40 licensed foster families who
have opened their homes and hearts to children whose families are in crisis, play a vital role helping children
and families heal, reconnect, and launch children into successful adulthood, and
WHEREAS, there are over 160 adults in licensed adult family foster care homes, and
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 2
WHEREAS, there are over 43 licensed adult family foster care providers, who have opened their homes to
provide a family environment to individuals with developmental disabilities, mental illness or who are elderly,
and
WHEREAS, there are numerous individuals, public and private organizations who work to increase public
awareness of the needs of children and adults in foster care as well as the enduring and valuable contribution
of foster care providers.
NOW, THEREFORE, we, the Otter Tail County Board of Commissioners, do hereby proclaim May as
FOSTER CARE MONTH in Otter Tail County and urge all citizens to volunteer their talents and energies on
behalf of children/adults in foster care, foster parents, and the professional staff working with them during
this month and throughout the year.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Human Services 2018 Annual Report
Human Services Director Deb Sjostrom presented the Human Service 2018 Annual Report summary via
a video which provided an overview of the various programs offered through the County as well as the
number of individuals receiving services through each of the programs in 2018. This video along with a
two-page document summarizing the data will be available through the County’s website. Discussion
points included that the County received 1,139 reports alleging child maltreatment or welfare reports, of
which 611 were opened for assessment. Additionally, there was discussion about whether the programs
are improving the lives of recipients, acknowledging that the number of individuals receiving services may
increase due to the aging population.
Nationwide Retirement Solutions
Internal Services/Human Resources Director Nicole Hansen advised that Nationwide will be making
changes to its 457b retirement account. The plan currently includes a Fixed Account with a guaranteed
interest rate of 3.5%, which will be phased out. The Benefits Committee is meeting on May 9, 2019, at
which a representative from Nationwide will be presenting different options that the County can choose
because the Fixed Account guaranteed interest will no longer be available. Further information will be
provided to the Board at a later meeting.
U.S. Fish and Wildlife Service (USFWS) Waterfowl & Habitat Easements
USFWS Supervisory Realty Specialist Stacy Salvevold and Project Leader Neil Powers appeared before
the Board and requested certification of a habitat protection easement and a wetland easement.
Documentation was previously submitted regarding the request. Motion by Lindquist, second by Murphy
and unanimously carried to approve certification for the USFWS to secure the following habitat protection
and wetland easements:
Lindberg, Joane M. – Habitat Protection Easement
T. 131 N., R. 39 W., 5th P.M.
Section 12, NE¼ NW¼, legal description as described in Exhibit A
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 3
Smedsrud, Milton E. – Wetland Easement
T. 132 N., R. 41 W., 5th P.M.
Section 35, E½SE¼, SE¼NE ¼, and E 745.00 feet of SW¼NE¼
Section 36, parts of SW¼
T. 131 N., R. 41 W., 5th P.M.
Section 2, parts of Government Lots 1 and 2
Legal Description as described in Exhibit B
Recess & Reconvene
At 9:38 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 9:45 a.m.
Otter Tail Dock and Riparian Ordinance
Michelle Ressler is a homeowner on Pelican Lake and requested to see more specification in the shoreline
description, such as a more specific angle of change or degree of slope, within the Otter Tail Dock and
Riparian Ordinance. She described that the placement of a neighbor’s dock last summer impacted her
own dock. Land & Resource Director Chris LeClair and Sheriff Barry Fitzgibbons offered assistance last
summer to remedy the situation between Ms. Ressler and her neighbor. Discussion included possible
changes to the ordinance to address this type of issue as well as adding language that docks should be
placed in the most center portion of lots. The board did not take any action but understands the situation
of Ms. Ressler and will consider the comments made at the time of the meeting. It was also discussed
that violating the ordinance is a misdemeanor violation, but often these matters are considered a civil
property dispute between homeowners/neighbors.
HRA
Commissioner Johnson provided an update from the HRA Board Meeting which included discussion about
contradictions and ambiguities in the County’s proposed contract with the Fergus Falls HRA. Issues to be
addressed include ending the contract each year on December 31 (the proposed contract was for 3 years
and 8 months), determining how the hourly rate is calculated, and reviewing the contracted average hours
per week for the County and the City of Fergus Falls based on 9 FTE staff. The contract will be reviewed
and revised by an attorney and reviewed again by the board at their meeting in June 2019. Commissioner
Johnson also advised that there will be an RFP for accounting services for the HRA. Discussion also
included daycare concerns in the New York Mills area recognizing that its need is a priority, but it has been
difficult to find a local group to champion it.
Ottertail Operations Center
Discussion held regarding improving the sound system at the Ottertail Operations Center due to its regular
usage for training and public activities. Sheriff Barry Fitzgibbons advised that past consideration for a
sound system has found it to be costly, but he will work with IT Director Rick Kelsven for improvements.
ACCEPTING DEDICATED DONATION TO SUPPORT
SAFE COMMUNITIES PROGRAM
Otter Tail County Resolution No. 2019 – 37
Commissioner Rogness offered the following and moved its adoption:
WHEREAS, West Central Initiatives has offered to donate funds in the amount of $1000.00 to the County of
Otter Tail on behalf of the Otter Tail County Public Health Department to assist in the Safe Communities
Coalition Injury Prevention program.
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 4
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 donation will be for the purpose of helping to fund an experienced motivational speaker that
has agreed to work with both the Underwood School and the Fergus Falls Kennedy School along with their
National Honor Society students to develop a week long program which will engage the students in various
activities to help educate them on various risks and to lead them in organizing activities which will help
students to understand the importance of making good decisions in all areas of life.
NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners does accept
the above-described funds/donation and extends its grateful appreciation.
Commissioner Murphy seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Public Health Items
Motion by Johnson, second by Lindquist and unanimously carried for Public Health Director Jody Lien to
travel out-of-state to attend the 2019 NACCHO Annual Conference in Orlando, FL, from on or about July
9 – 11, 2019. The registration fee, airfare and lodging will be paid for by the Local Public Health
Association.
Public Health Director Lien informed the commissioners that the Partnership 4 Health Community was
awarded a 1.8-million-dollar grant to expand the evidenced based Family Home Visiting Programs, which
begins on May 1, 2019, and funds through December 2022.
Kristi Wentworth has been named the Assistant Public Health Director effective May 1, 2019.
Out-of-State Travel
Motion by Johnson, second by Rogness and unanimously carried for Fraud Investigator Sandy Holo and
Collections Officer Crystal Herman to attend the United Council of Welfare Fraud Conference in
Chattanooga, TN, from on or about August 26 – 29, 2019.
Paying Agent Agreement/Resolution with Bond Trust Services Corporation
Motion by Johnson, second by Murphy and unanimously carried to authorize the appropriate county
Officials’ signatures to sign the Paying Agent Agreement/Resolution between Otter Tail County (the
Issuer) and Bond Trust Services Corporation (the agent), which outlines the duties and responsibilities of
Bond Trust Services Corporation as they related to the paying agent, transfer agent and registrar, as well
as the duties and responsibilities of Otter Tail County as they pertain to the payment of principal and
interest. (Initial Fee - $450.00 and Annual Administration Fee - $475.00)
St. Lawrence Church – Liquor License and LG220 Application
Motion by Lindquist, second by Murphy and unanimously carried to approve the issuance of a Temporary
On-Sale 3.2 Malt Liquor License to St. Lawrence Church for an event scheduled for Sunday, August 4,
2019, at St. Lawrence Church located at 46404 County Highway 14.
Motion by Johnson, second by Murphy and unanimously carried to approve the LG220 Application for
Exempt Permit as submitted by St. Lawrence Church for an event scheduled for Sunday, August 4, 2019,
at St. Lawrence Church located at 46404 County Highway 14.
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 5
General Obligation Capital Improvement Bond Series 2019A
Motion by Johnson, second by Lindquist and unanimously carried to authorize the Chair of the Otter Tail
County Board of Commissioners and the County Administrator to sign the following General Obligation
Capital Improvement Bond Series 2019A related documents:
1. Certificate as to Official Statement,
2. Continuing Disclosure Certificate, and
3. Signature and No-Litigation Certificate.
Recess & Reconvene
At 10:55 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 11:00 a.m.
Conditional Use Permit
Motion by Johnson, second by Rogness and unanimously carried to approve the Conditional Use Permit
Application submitted by Rommesmo Family LTD Partnership as submitted with conditions that Land &
Resource Management receives and approves a Storm Water Prevention Plan and the retaining wall must
be designed by a structural engineer.
AIS Task Force
AIS Specialist Spencer McGrew presented AIS Task Force Minutes from their meeting on April 8, 2019. Mr.
McGrew also provided the 2018 AIS Prevention Program Summary, which was approved by the AIS Task
Force.
Highway Projects
Motion by Rogness, second by Murphy and unanimously carried to award projects as follows:
Award of 2019 Highway Signing Materials project to M-R Sign Company, Inc., Fergus Falls, with the
lump sum low quote of $43,051.15.
Award of 2019 Highway Sign Posts project to Newman Signs, Inc., Jamestown, ND, with the lump
sum low quote of $37,657.25.
CSAH 34 Update
Jeff Langan, PE, of Houston Engineering, Inc., provided a summary of environmental review regarding the
CSAH 34 Reconstruction and reviewed the permitting process. Discussion included that the Corps of
Engineers (COE) will not proceed with permitting until the wetland mitigation issues are resolved which could
take 60-90 days. Mr. Langan relayed his concerns that all the available wetland credits could be used by
the project based upon information from the DNR and COE, which he believes is inconsistent from past
projects. He will continue to work with staff and agencies to preserve the local banked wetland credits. It is
apparent that this project will be delayed due to the permitting process by the COE. County Engineer Chuck
Grotte advised commissioners of the plan to bid in early July 2019 but discussed that the project may not be
able to be bid due to delays in permitting.
DESIGNATING STATE AID HIGHWAY LOCATION
COUNTY STATE AID HIGHWAY NO. 34
Otter Tail County Resolution No. 2019 – 38
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, it appears to the County Board of Commissioners of the County of Otter Tail that the highway
right of way required for County State Aid Highway No. 34 under Project No. S.A.P. 056-634-011 should be
accurately described and located by a highway right of way plat.
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 6
NOW, THEREFORE, BE IT RESOLVED by the County Board of Commissioners of the County of Otter Tail
that the Board of County Commissioners for the County of Otter Tail is hereby designating the definite
location of County State Aid Highway No. 34, in Sections 10, 11, 12, 13, 14, 15 & 16, Township 136 North,
Range 40 West and Sections 7, 8, 9, 16, 17 & 18, Township 136 North, Range 39 West, all in the 5th Principal
Meridian as shown on the 12 sheets of OTTER TAIL COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 31.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
RESOLUTION REVOKING COUNTY STATE AID HIGHWAY
Otter Tail County Resolution No. 2019 – 39
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, it appears to the Otter Tail County Board of Commissioners that the highway hereinafter
described should be revoked as a County Aid State Highway under the provisions of Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the Otter Tail County Board of Commissioners that the road
described as follows, to-wit:
County State Aid Highway No. 1: From the intersection of County State Aid Highway No. 1, Alcott
Avenue, Tower Road and County State Aid Highway No. 15 in the City of Fergus Falls east on Alcott Avenue
to the intersection of Alcott Avenue and Union Avenue a distance of 1.18 miles and from the intersection of
Vernon Avenue and Cascade Street in the City of Fergus Falls north on Cascade Street to the intersection
of Cascade Street and Summit Avenue thence east on Summit Avenue to the intersection of Summit Avenue
and Friberg Avenue thence northeasterly on Friberg Avenue to its intersection with County State Aid
Highway No. 1 at the intersection of Friberg Avenue and Fir Avenue a distance of 1.60 miles. The total
mileage of County State Aid Highway No. 1 being revoked is 2.78 miles.
be, and hereby is revoked as a County State Aid Highway of said County, subject to the approval of the
Commissioner of Transportation of the State of Minnesota.
BE IT FUTHER RESOLVED, that the County Board Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for consideration of revocation of
said road or portion thereof.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 7
RESOLUTION REVOKING COUNTY STATE AID HIGHWAY
Otter Tail County Resolution No. 2019 – 40
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, it appears to the Otter Tail County Board of Commissioners that the highway hereinafter
described should be revoked as a County Aid State Highway under the provisions of Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the Otter Tail County Board of Commissioners that the road
described as follows, to-wit:
County State Aid Highway No. 7: From the intersection of County State Aid Highway No. 7 and
County State Aid Highway No. 26 at the Southeast Corner of Section 31, Western Township (T131N,R44W)
north on County State Aid Highway No. 7 to the intersection of County State Aid Highway No. 2 and County
State Aid Highway No. 7 at the Northeast Corner of Section 7, Western Township (T131N,R44W) a distance
of 5.0 miles.
be, and hereby is revoked as a County State Aid Highway of said County, subject to the approval of the
Commissioner of Transportation of the State of Minnesota.
BE IT FUTHER RESOLVED, that the County Board Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for consideration of revocation of
said road or portion thereof.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
RESOLUTION REVOKING COUNTY STATE AID HIGHWAY
Otter Tail County Resolution No. 2019 – 41
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, it appears to the Otter Tail County Board of Commissioners that the highway hereinafter
described should be revoked as a County Aid State Highway under the provisions of Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the Otter Tail County Board of Commissioners that the road
described as follows, to-wit:
County State Aid Highway No. 25: From the intersection of Cascade Street and Minnesota Trunk
Highway No. 210 in the City of Fergus Falls north on Cascade Street to the intersection of Cascade Street
and Vernon Avenue a distance of 1.11 miles.
be, and hereby is revoked as a County State Aid Highway of said County, subject to the approval of the
Commissioner of Transportation of the State of Minnesota.
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 8
BE IT FUTHER RESOLVED, that the County Board Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for consideration of revocation of
said road or portion thereof.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
RESOLUTION ESTABLISHING COUNTY STATE AID HIGHWAY
Otter Tail County Resolution No. 2019 – 42
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, it appears to the Otter Tail County Board of Commissioners that the highway hereinafter
described should be designated County Aid State Highway under the provisions of Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the Otter Tail County Board of Commissioners that the road
described as follows, to-wit:
County State Aid Highway No. 1: From the intersection of County State Aid Highway No. 1, Alcott
Avenue, Tower Road and County State Aid Highway No. 15 in the City of Fergus Falls northeasterly on
Tower Road to the intersection of Tower Road and Fir Avenue thence easterly on Fir Avenue to its
intersection with County State Aid Highway No. 1 at the intersection of Fir Avenue and Friberg Avenue a
distance of 3.51 miles.
be, and hereby is established, located, and designated a County State Aid Highway of said County, subject
to the approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FUTHER RESOLVED, that the County Board Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon his
approval of the designation of said road or portion thereof, that same be constructed, improved and
maintained as a County State Aid Highway of the County of Otter Tail, to be numbered and known as County
State Aid Highway.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
RESOLUTION ESTABLISHING COUNTY STATE AID HIGHWAY
Otter Tail County Resolution No. 2019 – 43
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 9
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, it appears to the Otter Tail County Board of Commissioners that the highway hereinafter
described should be designated County Aid State Highway under the provisions of Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the Otter Tail County Board of Commissioners that the road
described as follows, to-wit:
County State Aid Highway No. 88: From the intersection of Tower Road and Fir Avenue in the
City of Fergus Falls thence northwesterly on Fir Avenue to its intersection with County State Aid Highway
No. 88 at the intersection of Fir Avenue and Deerfield Drive at the northerly Corporate Limits of the City of
Fergus Falls a distance of 0.79 miles.
be, and hereby is established, located, and designated a County State Aid Highway of said County, subject
to the approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FUTHER RESOLVED, that the County Board Clerk is hereby authorized and directed to forward two
certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon his
approval of the designation of said road or portion thereof, that same be constructed, improved and
maintained as a County State Aid Highway of the County of Otter Tail, to be numbered and known as County
State Aid Highway.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
RESOLUTION ESTABLISHING COUNTY STATE AID HIGHWAY
Otter Tail County Resolution No. 2019 – 44
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, it appears to the Otter Tail County Board of Commissioners that the highway hereinafter
described should be designated County Highway under the provisions of Minnesota Law.
NOW THEREFORE, BE IT RESOLVED, by the Otter Tail County Board of Commissioners that the road
described as follows, to-wit:
County Highway No. 121: From the intersection of former County State Aid Highway No. 7 and
County State Aid Highway No. 26 at the Southeast Corner of Section 31, Western Township (T131N,R44W)
north on former County State Aid Highway No. 7 to the intersection of County State Aid Highway No. 2 and
former County State Aid Highway No. 7 at the Northeast Corner of Section 7, Western Township
(T131N,R44W) a distance of 5.0 miles.
be, and hereby is established, located, and designated a County Highway of said County.
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 10
BE IT FUTHER RESOLVED, that the County Board Clerk is hereby authorized and directed to designate
said road or portion thereof, that same be constructed, improved and maintained as a County Highway of
the County of Otter Tail, to be numbered and known as County Highway.
Commissioner Rogness seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 23rd day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Highway Items
Motion by Johnson, second by Lindquist and unanimously carried that Highway Department employees
including Ryan Anderson, Wade Bugbee, Bob Ehlert, Jerry Loken, Jordan Pieper, Dave Sillerud and Tyler
Sjolie are authorized to use a County vehicle for commuting to various projects intermittently and as
approved by the County Engineer during the 2019 construction season from May to October 2019.
Motion by Rogness, second by Johnson and unanimously carried to authorize the appropriate county
Officials’ signatures for an agreement with Moore Engineering, Inc., to provide construction staking services
for the CSAH 1 project.
Motion by Johnson, second by Lindquist and unanimously carried to authorize the appropriate county
Officials’ signatures for an agreement with L&O Acres Transport, Inc., Westport, SD, for a seasonal supply
of salt for the 2019-2020 winter season.
Recess & Reconvene
At 11:45 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners
recessed for committee meetings. The Board of Commissioner’s meeting was reconvened at 1:00 p.m.
Continued Public Hearing for Revisions to the
Subsurface Sewage Treatment Systems Ordinance
Chair Huebsch opened the continued Public Hearing for the Sanitation Code for proposed revisions to the
Subsurface Sewage Treatment Systems (SSTS) Ordinance. Land & Resource Director Chris LeClair
presented an overview of revisions within the ordinance highlighting major changes including that if an
existing SSTS is found to be an imminent threat, it needs to be repaired within 90 days, or by June 1 if found
to be an imminent threat to the public health and safety between November 15 and April 15. The proposed
ordinance revisions also reduce the time frame from 24-months to 12-months to replace or bring into
compliance an existing SSTS that is found to be failing to protect groundwater. Additionally, soil verification
needs to be completed before a permit is issued.
At 1:07 p.m., Chair Huebsch opened the public hearing for comments from the public summarized as follows:
• Concerns expressed from multiple attendees about the time frame to repair or replace non-compliant
system being shortened from 24-months to 12-months. That time frame is too short, particularly with
the difficulty of the winter season. (Staff explained that the County will work with property owners on
time frames to allow for additional time as necessary while ensuring that the work is being
completed.)
• Clarification was requested regarding that a violation of the ordinance is a misdemeanor level
criminal offense that can be charged for each day of the continued violation as a separate offense.
County Attorney Michelle Eldien explained that a criminal violation will assist in ensuring that the
ordinance is followed by having a penal consequence as opposed to a homeowner just being able
to pay a fine without resolving the violation. Additionally, although an individual can be charged for
OTC Board of Commissioners’ Minutes
April 23, 2019
Page 11
each day as a separate offense, an individually is typically charged with one offense to address a
violation of the ordinance.
• The changes were questioned as to whether any were necessary at all. Land & Resource Director
LeClair advised that the additions and changed to the ordinance conform with language from Chapter
7082 of the Minnesota Administrative Rules, Minnesota Pollution Control Agency.
• It was questioned whether holding tanks required an operating permit and Land & Resource Director
LeClair clarified that holding tanks for restaurants require an operating permit.
• Concerns that the County had previously advised installers and homeowners that the County did not
have rock fragments and did not need the State required assessment. Questioned how the County
is going to manage septic systems put in after 2011. Multiple attendees expressed concern
regarding rock fragment assessments previously not required by the County and how that will affect
many homeowners, particularly if the home is being transferred or sold to another owner. A lengthy
discussion occurred about this issue and it was recommended that the County consider
grandfathering those septic systems installed after 2011. Additionally, was discussed whether this
issue should fall back on the licensed installer or the county inspector.
• Discussion regarding the holding tank requirements for minimum standards going from 1,000 gallons
to 1,500 gallons. Existing holding tanks already in the ground that do not meet the minimum standard
of 1,500 gallons will not be removed so long as the tank is not failing.
• Concerns regarding whether all repair work requires a permit and clarified that maintenance type of
work on a system such as replacing a cap will not require a permit. The language in the ordinance
gives staff discretion to require a permit if appropriate.
• Multiple attendees expressed concern about the requirement that the septic tank must be large
enough to accommodate a garbage disposal. Many homeowners choose not to have a garbage
disposal. A larger tank can also be more problematic during winter months. This provision makes
the ordinance too regulatory. Setting the ordinance to include a garbage disposal is arbitrary and
uses a standard that is very likely to be unnecessary.
• Concerns about staff availability to perform soil verifications and inspections timely. Discussed that
it may take 3-4 hours to perform soil verifications and may need to approve overtime for staff.
• Questioned how much sand must be present to be viewed. Land & Resource Director LeClair
explained that it will be adequate as long as the sand fill can be viewed, and the inspector can
complete the soil observation log.
• Concerns expressed about voting on the updated SSTS at this meeting.
At 2:10 P.m., the Public Hearing is recessed. The board will take the matter under advisement and will
continue to take comments. No further decision will be made on the proposed ordinance changes until the
fall. It is recognized that any changes to the ordinance will not be in effect until January 1, 2020.
Adjournment
At 2:25 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, May 7, 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
OTC Board of Commissioners’ Minutes
April 23, 2019
Exhibit A, Page 1
WARRANTS APPROVED ON 4/23/2019
OTC Board of Commissioners’ Minutes
April 23, 2019
Exhibit A, Page 2
OTC Board of Commissioners’ Minutes
April 23, 2019
Exhibit A, Page 3
OTC Board of Commissioners’ Minutes
April 23, 2019
Exhibit A, Page 4