HomeMy WebLinkAboutBoard of Commissioners - Minutes - 01/23/2018
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room
515 W. Fir Avenue, Fergus Falls, MN
January 23, 2018
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, January 23, 2018, at the
Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chair,
John Lindquist, Lee Rogness and Doug Huebsch present. Vice-Chair Roger Froemming was absent.
Approval of Agenda
Chair Johnson called for approval of the Board Agenda. Motion by Rogness, second by Lindquist and
unanimously carried to approve the Board of Commissioners Agenda of January 23, 2018, with the following
additions:
Approval to Sign Buffer Ordinance
Mental Health Bonding Support Resolution
Extension Committee Appointment
Regional Treatment Center Building Discussion
Consent Agenda
Motion by Lindquist, second by Huebsch and unanimously carried to approve Consent Agenda items as
follows:
1. January 9, 2018 Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for January 23, 2018 (Exhibit A)
3. Human Services Bills & Claims
4. Human Services Contract Renewals
5. MN Radio Board Memorandum of Understanding for Text-to-9-1-1
Processing
6. United Way Top Employee Campaign Award
Presentation of Retirement Plaque
Public Works Director Rick West, Commissioners, friends and family thanked Helen Erkenbrack, Accounting
Supervisor, for more than 41 years of dedicated service to Otter Tail County. Chairman Johnson presented
her years of service plaque and congratulated her on her upcoming retirement.
Recess & Reconvene
At 9:40 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed
to reminisce with Ms. Erkenbrack about memorable past experiences at Otter Tail County. The County
Board meeting was reconvened at 9:48 a.m.
AIS Watercraft Inspector Delegation Agreement
Motion by Rogness, second by Lindquist and unanimously carried to authorize the appropriate County
Officials’ signatures to execute the Delegation Agreement for Aquatic Invasive Species (AIS) Prevention
Inspection of Water-related Equipment for the period of January 23, 2018 through December 31, 2020.
Commissioners requested that the MN DNR develop a boat tracking system to prevent the introduction and
spread of AIS.
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January 23, 2018
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Aquatic Invasive Species (AIS) Task Force
Land & Resource Director Bill Kalar discussed the AIS Task Force Marketing Committee Recommendation
and I-LID Sensor Upgrade information, which were part of the January 8, 2018 Task Force minutes.
Discussion followed regarding the opportunity to link AIS marketing efforts with tourism and economic
development. Motion by Huebsch, second by Rogness and unanimously carried to approve the increase in
the AIS prevention marketing budget from $35,000 to $50,000 and to approve the I-LID sensor upgrade in
the amount of $3,575. The motion is subject to exploration of marketing the AIS prevention message in
various social media venues in concert with recommendations of the County’s External Communications
Director.
Buffer Ordinance of Otter Tail County
Motion by Rogness, second by Lindquist and unanimously carried to authorize the appropriate County
Officials’ signatures to execute the Buffer Ordinance of Otter Tail County, Minnesota, as presented. The
Buffer Ordinance is effective January 1, 2018.
DIGITAL MEDIA EQUIPMENT CONTRACT
Otter Tail County Resolution No. 2018 - 07
WHEREAS, the Otter Tail County Department of Economic Development currently pays Whiskey Creek
Media, LLC, $200 per month to lease video equipment used for digital media content creation; and
WHEREAS, Whiskey Creek Media, LLC is owned by County Employee Erik Osberg; and
WHEREAS, the fair market value of such a lease agreement is substantially higher than $200, and the
County would have to pay more to have a more distant Lessor provide the equipment; and
WHEREAS, the annual amount of the contract is less than the amount which would require bidding by
Minnesota Statute §471.345, and therefore pursuant to Minnesota Statute §471.88 the County may enter
into the contract when approved by a unanimous vote; and
WHEREAS, the County Board of Commissioners makes this resolution to document the propriety of the
contract and to authorize payment thereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
That Otter Tail County leases equipment from Whiskey Creek Media, LLC when it is the most economical
service available by either quotations or in the open market.
Upon the motion of Rogness, seconded by Lindquist, and passed on a 4 – 0 vote with Commissioner
Froemming absent, the above resolution is hereby adopted by the Otter Tail County Board of
Commissioners.
Adopted this 23rd day of January 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Wayne Johnson, Chair John Dinsmore, Clerk
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January 23, 2018
Page 3
Exhibitions and Shows Ordinance Waiver
Motion by Huebsch, second by Rogness and unanimously carried to waive the Exhibitions and Shows
Ordinance for the OTC on ICE kickoff event on Otter Tail Lake on February 3 and February 4, 2018,
commemorating Otter Tail County’s 150th Anniversary
Otter Tail Lakes Country Association (OTLCA) Service Contract
Motion by Lindquist, second by Rogness and unanimously carried to authorize the appropriate County
Officials’ signatures to execute a Services Agreement between the County of Otter Tail and the OTLCA as
presented by the External Communications Director. The Agreement is effective for Calendar Year 2018.
Recess & Reconvene
At 10:13 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The County Board meeting was reconvened at 10:22 a.m.
University of Minnesota 4-H Program Coordinator
Motion by Huebsch, second by Lindquist and unanimously carried to approve the appropriate County
Officials’ signatures to execute the Addendum to Memorandum of Agreement between the University of
Minnesota and Otter Tail County to support an additional 4-H Program Coordinator position and a .2 FTE
Master Gardener position.
Social Worker Position
Motion by Rogness, second by Lindquist and unanimously carried to approve hiring a Disability Services
Case Manager Social Worker as presented and recommended by the Internal Services Committee.
Otter Tail County Extension Committee
Motion by Johnson, second by Lindquist and unanimously carried to appoint Brenda K. Olson of Pelican
Rapids to the Otter Tail County Extension Committee.
Forgiveness of Penalty Request
Auditor-Treasurer Wayne Stein presented a request for forgiveness of penalty and interest. Discussion
followed. Motion by Huebsch, second by Rogness and unanimously carried to approve the request for
abatement of tax penalty and interest in the amount of $119.01 for Delores Carpenter on
parcel #76-000-99-0717-000, as the reason for late payment falls under the County’s guidelines for tax
penalty forgiveness.
Application for Exempt Permit
Motion by Rogness, second by Huebsch and unanimously carried to approve the LG220 Application for
Exempt Permit as submitted by the Pelican Rapids Jaycees for an event schedule for Saturday,
February 17, 2018, on Lake Lida (25236 County Highway 4) in Lida Township.
County Credit Card
Motion by Lindquist, second by Rogness and unanimously carried to authorize the issuance of a County
credit card to Erin Nicole Haugrud, Human Services Case Aid, as requested by the Human Services Director.
TEMPORARY EASEMENT FOR MINNESOTA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION PROJECT
Otter Tail County Resolution No. 2018 - 08
WHEREAS, the Minnesota Department of Transportation is planning improvement to Highway 106 and the
sidewalk in the City of Deer Creek in 2018; and
WHEREAS, the purpose of the improvement is to better serve the needs of the traveling public and bring
the sidewalks up to American with Disabilities’ Act standards; and
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January 23, 2018
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WHEREAS, the Minnesota Department of Transportation needs a temporary easement along property
managed by Otter Tail County; and
WHEREAS, the Minnesota Department of Transportation is requesting, by a letter dated Saturday,
December 30, 2017, the signing of a “Temporary Permit to Construct for Governmental Entities” document.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby
authorizes the County Auditor-Treasurer to sign the “Temporary Permit to Construct for Governmental
Entities” document, which included Exhibit “A” (Right-of-Way Parcel Layout) and to forward a signed copy of
the document, along with a copy of this resolution to the Minnesota Department of Transportation; and
BE IT FURTHER RESOLVED, that the “Temporary Permit to Construct for Governmental Entities” grants a
temporary easement on Lot 1 and the North Half of Lot 2, Deer Creek Keplinger’s Addition to the City of
Deer Creek also known as Parcel 67-000-99-0093-000 through Wednesday, December 1, 2021.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Rogness, duly
seconded by Commissioner Lindquist and, after discussion thereof and upon vote being taken thereon, the
resolution was adopted on a 4 – 0 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
Adopted this 23rd day of January 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Wayne Johnson, Chair John Dinsmore, Clerk
OTTER TAIL COUNTY MENTAL HEALTH BONDING RESOLUTION
Otter Tail County Resolution No. 2018 - 10
The following resolution was offered by Commissioner Rogness who moved to affirm Otter Tail County’s
support for state capital investments for regional behavioral health crisis program facilities and permanent
supportive housing for people with behavioral health needs:
WHEREAS, Minnesota’s mental health continuum of care is underdeveloped, creating harmful and
expensive gaps in an individual’s treatment; and
WHEREAS, Minnesota’s mental health system does not have the capacity to consistently respond to the
needs of individuals in crisis with appropriate treatment options; and
WHEREAS, individuals experiencing a mental health crisis are often diverted to jails and other facilities ill-
equipped for their care while awaiting inpatient treatment; and
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WHEREAS, individuals ready for discharge from inpatient treatment can be detained at inpatient facilities
because there is a scarcity of supportive housing units to transition to; and
WHEREAS, the gaps in Minnesota’s mental health system are not only damaging to individuals and their
families, but also result in an inefficient use of taxpayer dollars; and
WHEREAS, Minnesota has an opportunity to improve its mental health continuum of care through
investments in new permanent supportive housing and regional behavioral health crisis program facilities;
now, therefore,
THEREFORE, BE IT RESOLVED, Otter Tail County supports state capital investments for regional
behavioral health crisis program facilities and permanent supportive housing for people with behavioral
health needs.
The motion was duly seconded by Commissioner Huebsch and, after discussion thereof and upon vote being
taken thereon, the resolution was adopted on a 4 – 0 vote with Commissioner Froemming absent.
Adopted at Fergus Falls, Minnesota, this 23rd day of January 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _____________________
By: __________________________________ Attest: ________________________
Wayne Johnson, Chair John Dinsmore, Clerk
Request for Highway Project Retainage Reduction – S.A.P. 056-638-007
Motion by Rogness, second by Huebsch and unanimously carried to reduce the retained amount for Riley
Bros. Companies of Morris, MN, from 5% to 2% ($255,634.30) of the CSAH 38 project, as recommended by
the Public Works Director.
Conference/Workshop Opportunities
Motion by Lindquist, second by Rogness and unanimously carried to authorize Commissioners to attend the
following conferences:
Lakes Country Service Cooperative, Feb. 15, 2018 – Your Role as a Local Elected Leader
Drainage & Waters Conference, Feb. 15, 2018 – River’s Edge, St. Cloud
AMC Legislative Conference, County Day at the Capitol, Feb. 27 – March 1, 2018
2018 County Emergency Operations Plan (EOP)
Motion by Rogness, second by Lindquist and unanimously carried to authorize appropriate signatures and
adopt the 2018 County Emergency Operations Plan (EOP) as submitted by the Emergency Manager.
County Drainage Systems
2018 County Ditch Assessments:
Kevin Fellbaum, Ditch Inspector, presented proposed 2018 Ditch Assessments. Discussion followed.
Motion by Rogness, second by Huebsch and unanimously carried to remove County Ditch #63 from the
2018 Ditch Assessments because a project assessment may be more appropriate for this ditch. Motion by
Rogness, second by Lindquist and unanimously carried to approve the “Suggested 2018 Ditch Assessments”
as presented and attached as Exhibit B.
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January 23, 2018
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County Ditch #8:
Motion by Lindquist, second by Rogness and unanimously carried to authorize a clean out of about 2 miles
of Ditch #8 to increase the flow of the main ditch channel. Property owners have been contacted and a
permit obtained from the MN Department of Transportation (MnDOT) to work in the State road right-of-way.
1County Ditch #44:
Motion by Huebsch, second by Rogness and unanimously carried to clean out the corridor shown in yellow
on the map (Head Lake Branch) in Ditch #44 to include about 3,700’ of clean out and installation of a rock
weir at the outlet to the Ordinary High Water (OHW) level. Estimate of cost is $4,000 - $8,000.
2County Ditch #41/65:
Motion by Rogness, second by Huebsch and unanimously carried to clean out a portion of Ditch #41/65
shown in orange on the map presented by the Ditch Inspector.
County Ditch #58:
Motion by Rogness, second by Huebsch and unanimously carried to install two 48” culverts at an elevation
that matches the original documented culvert location and clean out 1,500’ to 2,000’ of drainage ditch to
restore flow in the ditch. Estimated cost is $3,000 to $5,000.
Mr. Fellbaum discussed a potential project with the commissioners to restore the outlet system from Albert
Lake in Ditch #58. He mapped out three different corridors from Albert Lake to the river. Commissioners
suggested that the Ditch Inspector receive approval from a property owner for this project and schedule a
public information meeting to explain the cost of the project.
County Ditch #48:
Motion by Huebsch, second by Lindquist and unanimously carried to clean out about 5,000’ of Ditch #48 to
restore the ditch to its original capacity.
In Recognition of David Hauser’s Public Service as
Otter Tail County Attorney
Otter Tail County Resolution No. 2018 - 09
The following resolution was offered by Commissioner Huebsch who moved to recognize and honor the
public service of David Hauser as the Otter Tail County Attorney:
WHEREAS, Mr. Hauser has served as the Otter Tail County Attorney since December 1, 1997; and
WHEREAS, Mr. Hauser’s incumbency, reaffirmed by Otter Tail County voters over the course of subsequent
elections, represents the longest serving County Attorney in the modern history of Otter Tail County; and
WHEREAS, Mr. Hauser has served as the legal advisor for the Otter Tail County Board of Commissioners,
county officials and county departments across a broad range of public policy and legal issues, including:
providing assistance and support to the victims and witnesses who play a vital role in the criminal justice
system; prosecuting cases involving juvenile offenders; overseeing diversion programs allowing juvenile
offenders to receive consequences involving minor offenses without going to court; advising waste
management; defending challenges to property tax values; representing petitions to protect abused or
neglected children and protecting the health and safety of vulnerable adults; representing civil commitments
to provide necessary treatment for individuals experiencing mental illness or chemical dependency; writing
and enforcing county environmental and health ordinances; prosecution of felony, misdemeanor and gross
misdemeanor crimes; guiding property purchases, negotiating leases and contracts; defending against
personal injury, workers compensation, employment, civil rights and other law suits; and
1 Maps for Ditch 44 & 41/65 can be located on the County website in the Agenda Packet.
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WHEREAS, due to his expertise and experience, was selected by his professional peers to serve as the
President of the Minnesota County Attorneys Association; and
WHEREAS, Mr. Hauser has modeled the importance of enhancing communication and cooperation between
county attorneys and the judiciary, county government, and other public and private organizations concerned
with the administration of justice; and
WHEREAS, Mr. Hauser has defined through his work and dedication the essence of a true Minister of
Justice; and
WHEREAS, Mr. Hauser’s love of language, humor, satire, irony (and opera) has enhanced the education
and cultural appreciation of his fellow county colleagues and community professionals.
THEREFORE, BE IT RESOLVED THAT: Otter Tail County Board of Commissioners recognizes the many
years of professional service, legal guidance and advice provided by Mr. Hauser, and we express our utmost
gratitude and appreciation for his many years of dedicated public service to the residents of Otter Tail County
and the State of Minnesota.
The motion was duly seconded by Commissioner Rogness and, after discussion and commendation thereof,
and upon vote being taken thereon, the resolution was adopted unanimously.
Adopted at Fergus Falls, Minnesota, this 23rd day of January 2018:
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ____________
By: _______________________________ Attest: _______________________________
Wayne Johnson, Chair John Dinsmore, Clerk
Closed to the Public
At 12:13 p.m., Chair Johnson declared the Board of Commissioners meeting closed to the public to discuss
attorney-client privileged matters involving potential opioid litigation. The closed session is authorized under
Attorney-Client privilege, M.S. §13D.05, Subd. 3(b). Present were Commissioners Huebsch, Johnson,
Lindquist and Rogness, County Attorney, County Administrator, Sheriff, Internal Services Director, Board
Secretary and Assistant County Attorney, Michelle Eldien.
Adjournment
The closed session was concluded at 12:46 p.m. and a motion was offered by Huebsch, seconded by
Rogness and unanimously carried to declare the meeting of the Otter Tail County Board of Commissioners
adjourned until 9:30 a.m. on Tuesday, February 6, 2018.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Wayne Johnson, Chair John Dinsmore, Clerk
CB/kd
OTC Board of Commissioners’ Minutes
January 23, 2018
Exhibit A, Page 1
WARRANTS APPROVED ON 01/23/2018
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January 23, 2018
Exhibit A, Page 2
OTC Board of Commissioners’ Minutes
January 23, 2018
Exhibit A, Page 3
OTC Board of Commissioners’ Minutes
January 23, 2018
Exhibit A, Page 4
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Exhibit A, Page 5
OTC Board of Commissioners’ Minutes
January 23, 2018
Exhibit B, Page 1
Suggested 2018 Ditch Assessments
Ditch Amount Notes
JD 2 $8,000 Sufficient funds, leave at current rate
4 $6,000 Sufficient funds, leave at current rate
5/68/36 $10,000 Build maintenance fund
11 $1,200 Leave at current rate until Re-determination in future
12 $2,000 Leave as is due to County Board order
16 $20,000 Build a fund, work being done (Beavers, Spraying)
21 $10,000 Build a fund, work being done (Beavers)
23 $20,000 Build maintenance fund
25 $20,000 Lot of Maintenance Completed, Build Fund
15/28 $20,000 Build maintenance fund
30 $8,000 Special Assessment 2017- Build Fund
37/18 $10,000 Build maintenance fund
38 $20,000 Build a fund, work being done (Beavers, Spraying)
39 $4,000 Maintenance Completed, Build Fund
41/65 $15,000+ Build a fund, work being done (Beavers, Spraying)
43 $4,500 Leave at current rate
44 $12,000 Continuing Maintenance Work, Build Fund
53 $5,000 Leave as is, build fund
56 $6,000 Work done, need to replenish fund 2016(6,000)
58 $10,000 Special Assessment 2017 - Build Fund, Maintenance
70
$10,000 Outlet Project finished 2016, Build Fund, Maintenance