HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/07/2019
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room
515 W. Fir Avenue, Fergus Falls, MN
May 7, 2019
9:00 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 9:00 a.m. Tuesday, May 7, 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 May 7, 2019, with the following
modifications:
Cancel “Driver Feedback Sign Policy” Agenda Item
Highway 10 Tiling Project Update
Solid Waste Update
Portable Sound System & Security Cameras at GSC Entry and Board Room
Consent Agenda
Motion by Rogness, second by Murphy and unanimously carried to approve Consent Agenda items as
follows:
1. April 23, 2019 Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for May 7, 2019 (Exhibit A)
3. Human Services & Public Health Warrants/Bills for May 7, 2019 (Exhibit A)
4. Caseload/Workload Grant Agreement – Probation
5. Remote Electronic Alcohol Monitoring Grant Agreement – Probation
6. Approve Issuance of County Credit Card with 30 Day Limit of $1,000 to
Crystal Herman, Fraud Investigator
7. Approve Issuance of On-Off Sale 3.2 Malt Liquor License for Clear Lake
Resort (7/1/19 to 6/30/20)
8. Approve Issuance of Consumption & Display Permit for Clear Lake Resort
(4/1/19 to 3/31/20)
9. Approve Issuance of 2019 Tobacco License for Pelican Hills RV Park
Spitzer Lake Flooding
Commissioner Lindquist updated the Board on the Spitzer Lake properties that are flooded. Discussion took
place about potential tax abatement/relief. They requested that this item be placed on the next County Board
agenda.
Request for Forgiveness of Tax Penalty
After discussion and consideration, a motion was offered by Lindquist, seconded by Rogness and
unanimously carried to deny the request of Robert Emerson III for the abatement of accumulated penalties,
interest and cost on Parcel 76-000-99-0535 (North 50” of Lot 16 Block 2 Harris Addition) in the amount of
$453.02 as of April 30, 2018. Commissioners expressed empathy for the situation; however, this situation
does not meet the guidelines for abatement under the County’s current policy.
Appointment to Bois de Sioux Watershed District Board
Motion by Lindquist, second by Rogness and unanimously carried to appoint Ben Brutlag to the Bois de
Sioux Watershed District Board of Managers for the term ending June 30, 2020.
OTC Board of Commissioners Minutes
May 7, 2019
Page 2
DWI Court Program
Staff working with the Otter Tail County treatment court discussed the program and provided program
statistics from 2008 through 2017. Treatment courts are the most successful justice program for reducing
addiction, crime and recidivism while saving taxpayer dollars. Partners include law enforcement, probation,
Human Services, District Court and treatment providers. Commissioners requested expansion of the
treatment court program. Attorney Eldien indicated that a hybrid treatment court would provide the most
flexibility to treat addictions (alcohol and/or drugs) and mental health issues. Wadena County has expressed
a desire to join with Otter Tail County in a hybrid treatment court program. Commissioners advised
Tria Mann, Program Coordinator, to apply for grants to expand the program and meet with the
Budget/Finance Committee in August.
PROCLAMATION In Support of
“NATIONAL DRUG COURT MONTH”
Otter Tail County Resolution No. 2019 - 45
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, this year marks the 30th anniversary of treatment courts; and
WHEREAS, there are now more than 3000 treatment courts nationwide; and
WHEREAS, treatment courts are the cornerstone of justice reform sweeping the nation; and
WHEREAS, treatment courts have served 1.5 million individuals; and
WHEREAS, they are now recognized as the most successful justice system intervention in our nation’s
history; and
WHEREAS, they save an average of $6,000 for every individual they serve; and
WHEREAS, treatment courts significantly improve substance use disorder treatment outcomes,
substantially reduce addiction and related crime, and do so at less expense than any other
criminal justice strategy; and
WHEREAS, treatment courts improve education, employment, housing and financial stability, promote
family reunification, reduce foster case placements, and increase the rate of addicted mothers
delivering babies who are fully drug free; and
WHEREAS, treatment courts facilitate community-wide partnerships, bringing together public safety and
public health professionals; and
WHEREAS, treatment courts demonstrate that when one person rises out of substance use and crime, we
ALL RISE; and
WHEREAS, Otter Tail County has joined in the support of treatment courts by implementing the DWI Court,
March 2008.
THEREFORE, BE IT RESOLVED, that Otter Tail County declares that Drug Court Month be established
during the Month of May 2019, recognizing the significant contributions the Otter Tail County DWI Court has
made over the past 11 years toward reducing substance abuse, crime, and recidivism while saving valuable
resources.
OTC Board of Commissioners Minutes
May 7, 2019
Page 3
Commissioner Rogness seconded the motion, and upon being put to vote, the resolution was unanimously
adopted this 7th day of May 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Douglas A. Huebsch, Board Chair John W. Dinsmore, Clerk
Potentially Dangerous Dog Determination
Christy Bjorgan appeared before the Board to appeal a Dangerous Dog Determination for her dog, Otto,
issued after a hearing on June 26, 2018, under M.S. 347.52. Christy explained various steps she has taken
in training Otto and stated that he has also been neutered. Otto wears a tracker device that Christy can
monitor on her phone. Ms. Bjorgan is requesting appeal of the dangerous dog title.
Attorney Michelle Eldien stated that, under the Ordinance, the appeal would need to take place within 14
days of the hearing. Since Christy’s initial hearing in 2018, the County has modified the applicable
Ordinance. Ms. Eldien recommended that a hearing take place with the County Administrator which will
provide an opportunity for law enforcement and public health to review the situation along with the family of
the child who was bitten.
Aquatic Invasive Species (AIS) I-LID Update
AIS Specialist Spencer McGrew provided AIS Prevention I-LID camera systems update. There are currently
thirteen (13) I-LID cameras at various public water accesses in Otter Tail County. Otter Tail County contracts
with Environmental Sentry Protection to review the video recordings. Mr. McGrew requested approval of the
contract for May 1, 2019 through May 1, 2020. Discussion took place regarding the cost to purchase and
install an I-LID in case there are lake associations that wish to purchase an I-LID camera for a specific public
access.
Motion by Johnson, second by Lindquist and unanimously carried to authorize the appropriate County
Officials’ signatures to execute the contract between Otter Tail County and Environmental Sentry Protection,
LLC for ongoing I-LID camera system monitoring as presented.
County Drainage Systems
Ditch #17:
At 10:00 a.m., Chairman Huebsch reconvened the Public Hearing from March 11, 2019, for redetermination
of benefits for Ditch #17. Ditch Inspector Kevin Fellbaum reported on the properties that needed to be
reexamined by the Ditch Viewers. County staff located a culvert that was installed by the MN Department
of Natural Resources (DNR) in 1980 that is not functioning. The County will work with the DNR to restore
the culvert to a functioning condition which should improve drainage benefits to property owners North and
West of the Wildlife Management Area (WMA). This Public Hearing will be continued at 10:00 a.m. on
Tuesday, June 4, 2019, at the Government Services Center in Fergus Falls, MN.
Ditch #52:
At 10:05 a.m., the Otter Tail County Board reconvened as the Ditch Authority for the redetermination of
benefits for Ditch #52. This Public Hearing is continued from the original hearing on March 18, 2019. The
Ditch Inspector reviewed how crop prices and production were calculated by the Viewers to determine land
value and the reason Eagle, Middle and Torgerson Lakes were not included in the benefitted area. At the
original hearing, total benefits for Ditch #52 were reported as $1,380,719.36 with total benefits at
$861,851.36 after the Distance Adjustment Factor was applied. After the crop prices adjustment, the total
benefits were reported as $1,219,627.71 with total benefits at $759,732.81 after the Distance Adjustment
Factor is applied. The Ditch #52 Public Hearing will be continued at 7:00 p.m., Monday, August 26, 2019.
OTC Board of Commissioners Minutes
May 7, 2019
Page 4
CSAH 10:
Ditch Inspector Kevin Fellbaum updated the Board regarding the high water situation on CSAH 10.
Ditch #12:
Motion by Johnson, second by Murphy and unanimously carried to approve the Findings and Order for
Redetermination of Benefits for Ditch #12 as presented by the County Attorney.
Ditch #45:
Motion by Johnson, second by Murphy and unanimously carried to approve the Findings and Order for
Redetermination of Benefits for Ditch #45 as presented by the County Attorney.
Recess & Reconvene
At 10:20 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 10:30 a.m.
General Discussion Items
Chairman Huebsch briefed the Board on a preliminary meeting with discussion about opportunities to merge
Pope/Douglas facility with Prairie Lakes Municipal Solid Waste Authority (PLMSWA). Discussion took place
regarding single sort recycling and ash recovery and research.
Commissioners requested a camera for security purposes in the County Board room and the entry of the
Government Services Center, and a portable sound system to use in other buildings. This item was referred
to the County Administrator.
Healthy Families America (HFA)
Public Health Director Jody Lien and Assistant Director, Kristi Wentworth submitted statistics for the
Partnership4Health HFA program including Otter Tail, Clay, Becker and Wilkin counties. The HFA program
began in 1992 to promote child well-being through intensive home visits for at risk children. The program
started in Otter Tail County in 2014 and requires accreditation from the HFA National Service Office.
Ms. Lien presented the MN Department of Health evidenced based home visiting grant that begins May 1,
2019 and funds through December 2022. She requested approval of two additional positions to work with
this program.
Motion by Rogness, second by Murphy and unanimously carried to authorize proceeding with hiring for the
following Public Health positions:
Full Time Lead Public Health Nurse (HFA) & Public Health Nurse (HFA)
Recess & Reconvene
At 10:50 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners
recessed for a Public Works Committee meeting. The Board of Commissioner’s meeting was reconvened
at 11:10 a.m.
Highway Department Projects
CSAH 34 Reconstruction:
Highway Engineer Charles Grotte briefed the Board on the CSAH 34 Reconstruction project relative to DNR,
Mn/DOT and United States Army Corps of Engineers (USACE) permits, wetland mitigation plan and the
USACE review process.
OTC Board of Commissioners Minutes
May 7, 2019
Page 5
2040 Transportation Plan:
Dates were established for public input meetings regarding the 2040 Transportation Plan in various parts of
the County.
Perham to Pelican Trail Project:
A public information meeting will be held at 6:30 p.m., on Thursday, June 13, 2019, at the Dent Community
Center for an update on the trail project.
Motion by Johnson, second by Murphy and unanimously carried to authorize the appropriate County
Officials’ signatures to execute a proposal between Otter Tail County and SRF Consulting Group, Inc. for
professional services for public engagement regarding the Perham to Pelican Trail project.
CSAH 1, Northeast of Fergus Falls:
Motion by Johnson, second by Rogness and unanimously carried to award S.A.P. 056-601-054 to the low
bidder, Riley Bros. Construction, Inc, at the bid price of $6,232,415.43, as recommended by the Highway
Engineer.
Subsurface Sewage Treatment System (SSTS) Board Orientation
At 11:35 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners
recessed. The Board of Commissioner’s meeting was reconvened at 12:15 p.m. for a septic system training
session. The following staff were present for the orientation:
All 5 Seated Commissioners L & R Management Director, Chris LeClair
Assistant L & R Mgmt Director, Kyle Westergard Attorney, Michelle Eldien
Administrator, John Dinsmore Comm. & External Relations Director, Nick Leonard
L & R Inspector, Jess Fosberg Public Works Director, Rick West
Chris LeClair, Land & Resource Management Director, provided a PowerPoint and reviewed the purpose of
SSTS, the differences and required conditions for the various types of SSTS, and how these systems work
to prevent contamination to groundwater. Discussion took place about proper maintenance of SSTS.
Mr. LeClair addressed various issues involving the OTC proposed SSTS Ordinance including the time frame
to repair or replace non-compliant systems, the rock fragment assessments for systems installed after 2011,
and tank requirements.
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 14, 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 Meeting
May 7, 2019
Page 1 (Exhibit A)
WARRANTS APPROVED 05/07/2019
OTC Board of Commissioners Minutes
May 7, 2019
Page 2 (Exhibit A)
OTC Board of Commissioners Minutes
May 7, 2019
Page 3 (Exhibit A)
OTC Board of Commissioners Minutes
May 7, 2019
Page 4 (Exhibit A)
OTC Board of Commissioners Minutes
May 7, 2019
Page 5 (Exhibit A)
OTC Board of Commissioners Minutes
May 7, 2019
Page 6 (Exhibit A)