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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 01/02/2018 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN January 2, 2018 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:31 a.m. Tuesday, January 2, 2018, at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Wayne Johnson, Vice-Chair; Roger Froemming, John Lindquist, and Lee Rogness present. CY2018 Otter Tail County Board Chair Board Clerk John Dinsmore requested nominations for the Otter Tail County Board Chair for 2018. A nomination was offered by Rogness and seconded by Lindquist for Commissioner Wayne Johnson to serve as the Otter Tail County Board of Commissioners Chair for 2018. Motion by Lindquist, second by Huebsch and unanimously carried to cease nominations and cast a unanimous ballot to elect Chairman Wayne Johnson. CY2018 Otter Tail County Board Vice-Chair Chairman Wayne Johnson assumed the Chair’s seat and requested nominations for the Otter Tail County Board Vice-Chair for 2018. A nomination was offered by Huebsch and seconded by Lindquist to nominate Commissioner Roger Froemming to serve as the Board of Commissioners Vice-Chair. Motion by Rogness, second by Lindquist and unanimously carried to cease nominations and cast a unanimous ballot to elect Vice- Chairman Roger Froemming. Approval of Agenda Chair Johnson called for approval of the Board agenda. Motion by Froemming, second by Lindquist and unanimously carried to approve the Board of Commissioners Agenda of January 2, 2018, with the following additions: Child Welfare/Juvenile Justice Screening Grant 2018 Red River Basin Commission Conference Consent Agenda Motion by Huebsch, second by Froemming and unanimously carried to approve Consent Agenda items as follows: 1. December 19, 2017, Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for January 2, 2018 (Exhibit A) 3. Human Services Bills & Claims 4. Approval of Central MN Emergency Services Board Committee Memberships 5. Approve 2018 Tobacco License for JC’s General Store Affidavit for Super Septic Excavation Motion by Rogness, second by Lindquist and carried with Johnson abstaining to approve the Affidavit of Wayne Johnson, owner of Super Septic Excavation, as submitted by the Auditor-Treasurer. Public Meeting – Feedlot Expansion, CMS Farms of New York Mills, Inc. At 9:35 a.m., Chairman Johnson convened a public meeting held for the CMS Farms feedlot expansion on behalf of the MN Pollution Control Agency (MPCA) under M.S. 116.07, Subd. 7(I). CMS Farms is increasing their swine feedlot at 39092 470th Ave, New York Mills, MN. The MPCA is responsible for issuing a permit for the proposed feedlot expansion. The County provides a local forum for the public to express their opinions regarding the proposed project. Jeff Bauman from Anez Consulting stated that neighbors within 5,000’ of the project had been notified by certified mail. OTC Board of Commissioners’ Minutes January 2, 2018 Page 2 Mr. Bauman explained the project including the increase in animal units and the outdoor, concrete manure storage basin. The swine facility has been in operation in this location since 1975. Commissioner Johnson opened the meeting to public comment summarized as follows: Barbara Jeske, 460th Ave: • the river runs around this area and there has been past flooding in this area • concerned with the increase in number of animal units and how the animal units are identified on the PCA application • increased smell with a larger operation David Olson, property owner on Albert’s Lake: • concern with runoff from the farm and the water quality of Albert’s Lake – need to protect Ditch 58 and the buffer zones Sally Cavalier, 52nd St W: • concerned about the ground water – nitrates were high the last time her shallow well was tested • concerned about additional odor • concerned about air quality and flies Patsy Listrom & Patricia Holper, 460th Ave: • have lived in current location for 13 years and concerned with odor • effect of a large swine operation on resale value of home/property • concerned with too much manure with expansion and possible leakage of manure • road maintenance Commissioners explained how animal units are calculated. The application numbers were correct based on the animal unit formula. Ditch Inspector Kevin Fellbaum indicated that this feedlot expansion is close to County Ditch 58. There has been some repair work completed in Ditch 58. Some residents would like to have the tile system coming out of Albert Lake installed. Ditch 58 has backed up in this neighborhood a couple of years ago, but since that time, there has not been a problem. The Ditch 58 issues/problems will be worked on. The design of the existing site from ground level put the barns at about 6’ above the surrounding terrain and the new facilities will be the same. Mr. Bauman explained that because the feedlot will now be over 1,000 animal units, it is considered a zero-discharge site and must follow those regulations. This means that no surface water can runoff before it is collected and stored in infiltration areas (collection ponds). The design of the collection ponds will be based on a 25-year rain event. He also used the Odor Offset Model tool from the University of Minnesota and explained the results of the model using this facility’s data in reference to odor concerns. With no further comments, the public meeting was closed at 10:05 a.m. The minutes of this meeting will be forwarded to the MPCA. STATUTORY ELECTED OFFICIALS SALARIES ESTABLISHED Otter Tail County Resolution No. 2018 - 01 Commissioner Rogness offered the following and moved its adoption: WHEREAS, Minnesota Statutes 384.151, 385.373, 386.015, 387.20 and 388.18 require that the County Board of Commissioners, prior to the first date on which applicants may file for office of the County Auditor/Treasurer, County Recorder, County Sheriff, and County Attorney, shall set, by resolution, the minimum salary to be paid for the terms next following; and WHEREAS, Otter Tail County has adopted a standard pay policy, which includes elected officials; and OTC Board of Commissioners’ Minutes January 2, 2018 Page 3 NOW, BE IT RESOLVED, that the minimum salaries for the next terms for Elected Officials are as follows: County Attorney $125,842.00 County Sheriff $108,306.00 County Auditor/Treasurer $ 81,827.00 County Recorder 67,642.00 Commissioner Froemming seconded the motion and YEAS and NAYS are as follows: Board Members For Against Absent Doug Huebsch X Wayne D. Johnson X John Lindquist X Roger Froemming X Leland R Rogness X Adopted at Fergus Falls, Minnesota, this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Bike Usage Policy Motion by Huebsch, second by Rogness and unanimously carried to adopt the Otter Tail County Bike Usage Policy date 1/1/2018 and Physical Activity Release form as submitted by Janet Lindberg, Nutritionist and Facilitator of the Otter Tail County Wellness Committee. Recess & Reconvene At 10:12 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a Public Works Committee meeting. The County Board meeting was reconvened at 11:00 a.m. Child Welfare/Juvenile Justice Screening Grant Motion by Froemming, second by Lindquist and unanimously carried to authorize the appropriate County Official’s signature to approve the Acceptance of Otter Tail County Award for the child welfare/juvenile justice screening grant from the State of Minnesota for January 1, 2018 through December 21, 2018. 2018 Red River Basin Commission Conference Commissioners discussed representation at the 35th Annual Red River Basin Land & Water International Summit January 23-25, 2018 in Winnipeg, Manitoba. Peter Fjestad, Otter Tail County’s representative on the Buffalo Red River Watershed District, generally attends this conference and reports back to the County Board. West Otter Tail County Fair Board Commissioners requested that the County Administrator provide West Otter Tail County Fair financial information. This information has not been received and is necessary due to the County’s funding to the East and West Otter Tail County Fair organizations. OTC Board of Commissioners’ Minutes January 2, 2018 Page 4 Public Meeting – Dairy Feedlot Expansion At 11:15 a.m., Chairman Johnson convened a public meeting for the Jorgenson Dairy, Inc. feedlot expansion held on behalf of the MN Pollution Control Agency (MPCA) under M.S. 116.07, Subd. 7(I). Owner Mark Jorgenson briefed the County Board on the history of the family dairy farm and the application he has submitted to the MPCA. The feedlot is located at 50489 455th St, Perham, MN. The County provides a local forum for the public to express their opinions regarding proposed projects. Mr. Jorgenson followed the County process and provided notification to neighbors regarding the expansion and corresponding public meeting. No one from the public was present and there were no written comments received. Commissioners spoke in favor of this dairy expansion. These minutes will be forwarded to the MPCA for their consideration. Recess & Reconvene At 11:25 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 11:30 a.m. DEPOSITORY RESOLUTION Otter Tail County Resolution No. 2018 - 02 Upon a motion made by Lindquist, seconded by Rogness and unanimously carried, the following resolution was adopted: RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, that all financial institutions in Otter Tail County, including Credit Unions, State and Federal banks be and are hereby designated as depositories of County funds. Adopted at Fergus Falls, MN this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk INVESTMENTS RESOLUTION Otter Tail County Resolution No. 2018 - 03 Upon a motion made by Froemming, seconded by Lindquist and unanimously carried, the following resolution was adopted: RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, that the Otter Tail County Auditor/Treasurer and the Otter Tail County Chief Deputy Treasurer be and is hereby given authority to invest County funds as available. Adopted at Fergus Falls, MN this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk OTC Board of Commissioners’ Minutes January 2, 2018 Page 5 Otter Tail County Extension Committee Motion by Lindquist, second by Froemming and unanimously carried to reappoint Ann Gibbs to the Extension Committee effective January 1, 2018, for a three -year term. Board of Appeal & Equalization Motion by Rogness, second by Huebsch and unanimously carried, to convene the County Board of Appeal and Equalization on Wednesday, June 13, 2018 at 9:00 a.m. and to reconvene the County Board of Equalization for final action on Tuesday, June 26, 2018 pursuant to Minn. Stat. 274.14. SOLICITATION OF HIGHWAY CONSTRUCTION BIDS Otter Tail County Resolution No. 2018 – 04 Upon a motion offered by Huebsch, seconded by Rogness and unanimously carried, the following resolution was adopted: To Use Alternative Method To Disseminate Bids And Requests WHEREAS, Minnesota Statute §331A.03 Subd. 3(b) allows a county to use its website or recognized industry trade journals as an alternative to disseminate solicitations of bids, requests for information and requests for proposals. NOW THEREFORE, the Otter Tail County Board of Commissioners hereby resolves: BE IT RESOLVED, that from this day forward, the County of Otter Tail may continue to use the Otter Tail County website, www.co.ottertail.mn.us, as an alternative means to disseminate solicitations of bids, requests for information, and requests for proposals for transportation related construction and maintenance projects. BE IT FURTHER RESOLVED, that any dissemination by alternative means must be in substantially the same format and for the same period of time as a publication would otherwise be required under Minnesota Statute §331A.03 Subd. 3. Adopted at Fergus Falls, MN this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Otter Tail County Website Official Publication Motion by Huebsch, second by Lindquist and unanimously carried to designate the Otter Tail County website as the official publication, as appropriate, for highway project advertisements for bids as authorized by M.S. 331A.12, Subd. 2. Request for Forgiveness of Tax Penalty Motion by Huebsch, second by Froemming and unanimously carried to deny the request of Dr. Ala L. Lysyk Smith for the forgiveness of tax penalty in the amount of $106.96, resulting from the late payment of the Pay 2017 property taxes on Parcel 71-004-99-0746-000 (Lot 2 Block 1 - Meadow Hills). This request did not comply with the Tax Forgiveness Guidelines. OTC Board of Commissioners’ Minutes January 2, 2018 Page 6 Insurance Payments Approved Motion by Rogness, second by Lindquist and unanimously carried, to approve payment to the Minnesota Counties Intergovernmental Trust (MCIT), for the following 2018 insurance coverage: Invoice 17703R – Dated 12/15/2017 PC114018 Property/Causality $392,334.00 Invoice 18121R – Dated 12/15/2017 WC114018 Workers Compensation $358,685.00 Invoice WC283109 – Dated 12/22/2017 Workers Compensation – 2016 Audit $ 24,786.00 Total Due Minnesota Counties Intergovernmental Trust - $775,805.00 2018 Printing and Publishing Bids Motion by Rogness and second by Lindquist to designate the following papers for Otter Tail County’s 2018 publishing and printing requirements: Legal Notices, Publications and Commissioners’ Minutes: Daily Journal $16.32 per S.A.U. Annual Financial Statement: The Independent – Parkers Prairie First Publication $ 16.65 per S.A.U. Pelican Rapids Press Second Publication $ 10.79 per S.A.U. Delinquent Tax List: The Independent – Parkers Prairie First Publication $ 16.65 per S.A.U. The Independent – Parkers Prairie Second Publication $ 10.79 per S.A.U. After discussion and consideration, the motion to approve Printing and Publishing Bids passed on a roll call vote as follows: Board of County Commissioners YEA NAY ABSENT ABSTAIN Doug Huebsch X Wayne D. Johnson X John Lindquist X Roger Froemming X Leland R. Rogness X 2018 Delinquent Parcel Publication Fee Motion by Lindquist, second by Froemming and unanimously carried to set the cost assessed to delinquent real estate parcels that are published in the Delinquent Tax List at $53.50 per parcel pursuant to Minnesota Statute 279.092. 2018 Annual Appropriations Motion by Huebsch, second by Rogness and unanimously carried to authorize payment of the following CY2018 annual appropriations: Annual Appropriation Approval Approved 2018 West Central Initiative (01704.6815) 20,000.00 West Otter Tail Fair Association (01505.6950) 25,000.00 East Otter Tail Fair Association (01505.6950) 25,000.00 Otter Tail Lakes Country Association – Special Project (01502.6950) 30,000.00 Otter Tail Co Historical Society - Special Project (01504.6950) 40,000.00 Minnesota Red River Valley Development Assoc. (01703.6804) 800.00 OTC Board of Commissioners’ Minutes January 2, 2018 Page 7 CALENDAR YEAR 2018 POCKET GOPHER BOUNTY (M.S. 348.12 AND 348.13) Otter Tail County Resolution No. 2018 - 05 Upon a motion offered by Rogness, seconded by Lindquist and unanimously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, that The sum of fifty cents ($.50) be paid out of the General Revenue Fund of Otter Tail County for every pocket gopher killed in said County during the year 2018. Paid only in those cases where the township in which the pocket gophers were so killed shall provide for the payment of at least an additional bounty of fifty cents ($.50) for each pocket gopher so killed. RESOLVED further that said payment of such County shall be made by the County Auditor upon certificates executed by the Chairman and/or Clerk of the Town Board of said Township setting forth that the township had issued and delivered to each claimant a payment for at least one dollar ($1.00) for each pocket gopher so killed. Adopted at Fergus Falls, MN this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk CALENDAR YEAR 2018 TAX FORFEITED LAND SALE APPORTIONMENT Otter Tail County Resolution No. 2018 - 06 Upon motion offered by Huebsch, seconded by Rogness and unanimously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota; that WHEREAS, it is provided in Minn. Stat. 282.05 for the apportionment of proceeds from the sale of tax forfeited lands; and WHEREAS, the County Auditor shall apportion the tax sale proceeds to the taxing district pursuant to Minn. Stat. 282.08; and WHEREAS, Minn. Stat. 282.08 (4) (b) provides that the County Board may set aside 20% of the proceeds remaining after the value of public improvements, special assessments and bond issues levied on the property have been paid, for acquisition and maintenance of county parks and recreational areas; and WHEREAS, Otter Tail County has a park and recreational area, which would benefit by such an apportionment. OTC Board of Commissioners’ Minutes January 2, 2018 Page 8 NOW, THEREFORE, BE IT RESOLVED, that the County Auditor retains 20% of the proceeds from the sale of tax forfeited lands for acquisition and maintenance of parks and recreational areas from the proceeds to be disbursed according to law. Adopted at Fergus Falls, MN this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Adjournment At 12:09 p.m., a motion was offered by Lindquist, seconded by Froemming and unanimously carried to declare the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, January 9, 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk CB/ OTC Board of Commissioners’ Minutes January 2, 2018 Exhibit A, Page 1 WARRANTS APPROVED ON 12/29/2017 OTC Board of Commissioners’ Minutes January 2, 2018 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes January 2, 2018 Exhibit A, Page 3