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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 03/27/2018 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN March 27, 2018 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, March 27, 2018, at the Government Services Center in Fergus Falls, MN, with Commissioners Roger Froemming, Vice-Chair; John Lindquist, and Doug Huebsch present. Chairman Wayne Johnson and Commissioner Lee Rogness were absent. Approval of Agenda Vice-Chair Froemming called for approval of the Board Agenda. Motion by Huebsch, second by Lindquist and unanimously carried to approve the Board of Commissioners Agenda of March 27, 2018, as presented. Consent Agenda Motion by Lindquist, second by Huebsch and unanimously carried to approve Consent Agenda items as follows: 1. March 13, 2018 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for March 27, 2018 (Exhibit A) 3. Human Services Bills & Claims 4. Human Services Contracts 5. Probation Advisory Committee Reappointment 6. Malt Liquor License to Birchwood Golf Course 7. Request for Final Payment Approval - S.A.P. 056-601-064 & Etc. Group Cares Camp WC MN Communities Action Housing Support Specialist Heidi Grove and Lakes & Prairies Community Action Advocate Sarah Boesen met with the Board regarding the Group Cares Camp event scheduled for July 22, 2018 through July 28, 2018. About 200 students will be performing minor home repairs at homes within a 30-mile radius of Breckenridge. This will include a portion of west Otter Tail County. Heidi and Sarah spoke about the relationships built through the program and lessons learned by students who volunteer their time. The MAHUBE OTWA Community Action Council in Fergus Falls is a partner in the event. Ms. Grove requested donations for the upcoming camp and provided applications for homeowners who need painting or minor repairs completed on their homes. Commissioners requested that this information be shared with the County’s Public Information Officer and shared via the County website. Probation Department Annual Report Probation Director Desta Lutzwick submitted the Probation 2017 Annual Report. She briefed the Board on offense and offender statistics and possible trends. The caseload is continuing to rise each year with more adult offenders placed under supervision in 2017 resulting in a larger caseload for the Department. Discussion continued about how to study what is working and what is not working in the system. Ms. Lutzwick indicated that a cognitive treatment program is being implemented. Otter Tail County Fire Investigation Team Lieutenant Keith VanDyke presented the Otter Tail County Fire Investigation Team (OTCFIT) brochure and briefed the Board on the volunteer program. Recess & Reconvene At 10:25 a.m., Vice-Chair Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The County Board meeting was reconvened at 10:33 a.m. OTC Board of Commissioners’ Minutes March 27, 2018 Page 2 Fidlar Symposium Motion by Huebsch, second by Lindquist and unanimously carried to authorize out-of-state travel for Recorder Carol Schmaltz to attend the Fidlar Symposium in Davenport, IA, May 20, 2018 through May 23, 2018. The air fare, up to $450.00, will be paid by Fidlar with the remaining expenses paid out of the Tapestry funds. Safe Communities Coalition Coordinator Jane Neubauer briefed the Board on the continuing work of the Safe Communities Coalition. The Coalition focuses on reduction of traffic fatalities and injuries related to lack of seatbelt use, excessive speed, and impaired or distracted driving. She submitted a summary of the findings of the Otter Tail County Fatal Review Committee for the period of October 1, 2016 – September 30, 2017. DISTRACTION-FREE DRIVING WEEK- APRIL 23 – 29, 2018 A PROCLAMATION BY THE OTTER TAIL COUNTY SAFE COMMUNITIES COALITION Otter Tail County Resolution No. 2018 - 24 Commissioner Lindquist offered the following resolution: WHEREAS, the safety and security of the citizens of Otter Tail County and surrounding areas are vitally important; and WHEREAS, a large percentage of our citizens regularly drive or ride in motor vehicles on our roadways; and WHEREAS, according to the Office of Traffic Safety, each year in Minnesota, distracted or inattentive driving is a factor in one in four crashes, resulting in at least 70 deaths and 350 serious injuries; and WHEREAS, the Otter Tail County Safe Communities Coalition supports efforts that help raise awareness of the dangers of distracted driving, particularly amongst teenagers, in order to both reduce the number of distracted driving crashes and to better educate drivers; and WHEREAS, across the state 85 law enforcement agencies will actively be participating in the distracted driving enforcement mobilization during the month of April 2018 to reduce the risk of injury and death caused in traffic crashes related to distracted or inattentive driving; and WHEREAS, text-messaging, emailing or accessing the web on a wireless device while driving — including while stopped in traffic — became illegal on Minnesota roads effective August 1, 2008; and WHEREAS, one of the most effective means of encouraging safer and smarter behavior by motorists involves convincing drivers of the need to devote their full attention and energy to driving by avoiding distractions such as phone calls, texting, eating, drinking, adjusting vehicle and music controls, and reaching for items; and WHEREAS, in order to reduce the number of crashes as well as improve driver safety, Otter Tail County motorists should dedicate themselves to adopting and maintaining safe behavior while behind the wheel; NOW, THEREFORE, BE IT RESOLVED THAT WE, the Board of the Otter Tail County Commissioners, of the great state of Minnesota, do hereby proclaim APRIL 23-29, 2018 DISTRACTION-FREE DRIVING WEEK in Otter Tail County, and we call this observance to the attention of all our citizens. OTC Board of Commissioners’ Minutes March 27, 2018 Page 3 Commissioner Huebsch seconded the motion and, upon being put to vote, the resolution was unanimously adopted this 27th day of March 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Electronic Health Record Pilot Project Public Health Director Diane Thorson reported that the Department of Human Services (DHS) has received an extension for the electronic health records pilot project that was scheduled to end March 31, 2018. Motion by Lindquist, second by Huebsch and unanimously carried to authorize the appropriate County Officials’ signatures to approve the following: • Contract with the State DHS for the extension of electronic health record pilot project • Contract extensions with the subcontractors (Linden Tech & Stratis Health) • Additional purchase of services to include reimbursement to project partners • Enrolling all project partners in the Southern Prairie Community Care Health Information Exchange Organization for a one-year period • Human Services to work with Case Works vendor to enhance data interoperability New County Positions Highway Engineer: County Administrator John Dinsmore indicated that the Internal Services Committee has recommended filling the Highway Engineer position separate from the Public Works position. The County plans to appoint Assistant Highway Engineer Charles Grotte as the County Engineer effective May 1, 2018, when the current appointment expires. Administrative Assistant: Motion by Lindquist, second by Huebsch and unanimously carried to approve hiring a part time Administrative Assistant, as budgeted, in the Administrator’s Department. Bicycle Friendly Worksite Wellness Coordinator Janet Lindberg, Active Living Planner Patrick Hollister, and Human Services Director Deb Sjostrom, briefed the Board on making Otter Tail County a “Bicycle Friendly” employer. A bicycle share program has been implemented along with a “Pedal for a Medal” department challenge for employees to ride their bike every day during the month of April. May 18, 2018, is “Ride Your Bike to Work” day. Motion by Huebsch, second by Lindquist and unanimously carried to approve flexible work schedules on May 18th for employees who ride their bikes to work. Staff should work with supervisors to appropriately flex their work day if needed. Boat and Water Safety Grant Agreement Motion by Huebsch, second by Lindquist and unanimously carried to authorize the appropriate County Officials’ signatures to execute the 2018 Minnesota DNR Annual County Boat and Water Safety Grant Agreement as presented by the Chief Deputy. The grant of $48,449.00 will be used towards salaries for water patrol for the period of January 1, 2018 through June 30, 2019. Closed to the Public At 11:42 a.m., Vice-Chair Froemming 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, Lindquist and Froemming, County Administrator, Assistant County Attorney Kurt Mortenson, and Board Secretary. OTC Board of Commissioners’ Minutes March 27, 2018 Page 4 Statement on Opioid Litigation At 11:55 a.m., Vice-Chair Froemming opened the Board of Commissioners’ meeting to the public. Motion by Huebsch, second by Lindquist and unanimously carried to adopt the Otter Tail County Statement on Opioid Litigation as submitted and attached as Exhibit B. Recess & Reconvene At 11:58 a.m., Vice-Chair Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The County Board meeting was reconvened at 12:45 p.m. OTTER TRAIL RIDERS ASSOCIATION GRANT-IN-AID FUNDING Otter Tail County Resolution No. 2018 – 25 Commissioner Lindquist 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 THEREFORE, BE IT RESOLVED, that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Otter Trail Riders Association Snowmobile Club for the 2018 - 2019 snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Commissioner Huebsch seconded the motion and, upon being put to vote, the resolution was unanimously adopted this 27th day of March 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk PRAIRIE SNOW DRIFTERS ASSOCIATION GRANT-IN-AID FUNDING Otter Tail County Resolution No. 2018 – 26 Commissioner Huebsch 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 THEREFORE, BE IT RESOLVED, that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Prairie Snow Drifters Association Snowmobile Club for the 2018 - 2019 snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Commissioner Lindquist seconded the motion and, upon being put to vote, the resolution was unanimously adopted this 27th day of March 2018. OTC Board of Commissioners’ Minutes March 27, 2018 Page 5 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Request to Change Lake Name Land & Resource Director Bill Kalar reported that the Minnesota Department of Natural Resources (DNR) has responded to Otter Tail County’s request for the Director of the DNR to approve the lake name change from Unnamed Lake to Little Pleasant Lake. The local residents currently recognize this lake as Little Pleasant Lake. The DNR indicated that the statutory process for changing the lake name must be followed including a public hearing and the submission of a bond for reasonable expenses. The Land & Resource Director will determine the amount of the bond based on notice requirements for the public hearing. CHILD ABUSE PREVENTION PROCLAMATION Otter Tail County Resolution No. 2018 - 27 Commissioner Lindquist offered the following and moved its adoption: WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community; and WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by the entire community. And 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; and 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; and 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 2018 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. Commissioner Huebsch seconded the motion and, upon being put to vote, the resolution was unanimously adopted this 27th day of March 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk OTC Board of Commissioners’ Minutes March 27, 2018 Page 6 Child Protection Annual Report Human Services Supervisor Tamra Jokela submitted the FY2017 Child Protection and Welfare Services report. Child Protection assessments for 2017 increased by 4.1% and out-of-home placements increased 47% partially due to new requirements of the Governor’s Task Force. Discussion took place regarding continuing challenges in the area of child protection. Opportunity Zones Economic Development Director Nick Leonard briefed the Board on Opportunity Zones, a new community development program established by Congress in the Tax Cut and Jobs Act of 2017. The intent of the program is to encourage long-term investments in low-income and urban communities nationwide. Each Governor can designate 25% of the eligible census tracts as Opportunity Zones in their state. In Minnesota, the Governor has identified 180 census tracts for investment. Otter Tail County has two eligible census tracts. Discussion continued regarding the program and process to apply for funds. Motion by Huebsch, second by Lindquist and unanimously carried to recommend the two eligible census tracts (27111960300 as first priority and 27111961500 as second priority) to the Governor for consideration as Opportunity Zones. Credit Card Request Motion by Lindquist, second by Huebsch and unanimously carried to increase Sheriff Brian Schlueter’s credit card maximum to $5,000.00. OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT AUTHORITY ACQUISITION OF TAX FORFEITED PARCELS Otter Tail County Resolution No. 2018 - 28 Commissioner Lindquist offered the following resolution and moved for its adoption: WHEREAS, the Otter Tail County Housing and Redevelopment Authority by letters dated October 24, 2017 and November 17, 2017 have expressed an interest in acquiring the following four parcels of tax-forfeited lands for housing rehabilitation and for creating affordable housing; Parcel 73-000-99-0235-000 Lots 9 and 10 Block 1 – Karvonen’s Addition – 218 Tousley Ave S., New York Mills, MN Parcel 73-000-99-0263-000 Lots 4 and 5 Block 1, Except railroad right-of-way- Nowell’s Addition – 104 Frazee Ave, New York Mills, MN Parcel 73-000-99-0272-000 Lot 13 Block 1 – Nowell’s Addition – 216 Nowell St. W., New York Mills, MN Parcel 74-000-99-0121-000 Lots 4, 5 and 6 Block 10 and the North Half of vacated 3rd Street Adjacent to Lot 6 – Ottertail Way’s Addition – 209 Lake Ave S, Ottertail, MN; and WHEREAS, the City of New York Mills and the City of Ottertail supports the acquisition of the above referenced tax-forfeited parcels by the Otter Tail County Housing and Redevelopment Authority for housing rehabilitation and for creation of affordable housing as stated in the letters dated October 24, 2017 and November 17, 2017. OTC Board of Commissioners’ Minutes March 27, 2018 Page 7 NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby classify the above referenced parcels as non-conservation lands suitable for housing rehabilitation and for creating affordable housing; and THEREFORE, BE IT FURTHER RESOLVED that the use of the above reference parcels for housing rehabilitation and for creating affordable housing is consistent with the usage of other properties within the immediate areas, is the most economical and efficient use of the property and will reduce local government expenses; and THEREFORE, BE IT FURTHER RESOLVED, that the Otter Tail County Board of Commissioners in recognition of the significant costs that will be incurred by the Otter Tail County Housing and Redevelopment Authority to rehabilitate and to create affordable housing set the appraised amount for each parcel as follows, which is authorized by Minnesota Statute 282.01 when tax-forfeited property is being acquired by a governmental entity for the implementation of affordable housing: Parcel 73-000-99-0235-000 - $5.00 Parcel 73-000-99-0263-000 - $5.00 Parcel 73-000-99-0272-000 - $2,500.00 Parcel 74-000-99-0121-000 - $2,500.00; and THEREFORE, BE IT FURTHER RESOLVED that the Otter Tail County Board of Commissioners hereby accepts and approves the Otter Tail County Housing and Redevelopment Authority’s proposal to acquire the above referenced tax-forfeited parcels for housing rehabilitation projects and for creating affordable housing within the communities of the City of New York Mills and the City of Ottertail as outlined in their letters dated October 24, 2017 and November 17, 2017. Commissioner Huebsch seconded the motion and, upon being put to vote, the resolution was unanimously adopted this 27th day of March 2018. Adopted at Fergus Falls, Minnesota, this 27th day of March 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk County Park Use and Maintenance Agreement Motion by Huebsch, second by Lindquist and unanimously carried to authorize the appropriate County Officials’ signatures to execute an Agreement for County Park Use and Maintenance between the County of Otter Tail and Phelps Mill Country, a non-profit corporation. The agreement allows exclusive use of the park for the Phelps Mill festival during the month of July. Commissioners requested that an emergency plan be formalized for this event. OTC Board of Commissioners’ Minutes March 27, 2018 Page 8 BATTLE LAKE TO ASHBY REGIONAL TRAIL RESOLUTION SUPPORTING REGIONAL TRAIL DESIGNATION APPLICATION IN GREATER MINNESOTA Otter Tail County Resolution No. 2018 - 29 Commissioner Huebsch offered the following and moved its adoption: WHEREAS, the City of Battle Lake and the City of Ashby, as lead applicants, have the authority to act as legal public sponsor for the application described in the Request for Designation as a Regional Park or Trail in Greater Minnesota; and WHEREAS, The Battle Lake to Ashby Regional Trail will provide a recreational trail opportunity that is relatively lacking in this part of the state; and WHEREAS, the trail will connect Glendalough State Park to the Central Lakes State Trail with connections through the City of Battle Lake and the City of Ashby; and WHEREAS, the proposed trail will support tourism and economic development in the area by making Otter Tail County a regional draw for biking enthusiasts and other trail users; and WHEREAS, this trail will expand opportunities for residents and visitors to maintain healthy, active lifestyles by providing a safe corridor for walking and biking; and BE IT RESOLVED that, Otter Tail County supports the efforts of the City of Battle Lake and the City of Ashby in leading the effort to have the Battle Lake to Ashby Regional Trail, formally designated as a Regional Trail in Greater Minnesota by the Greater Minnesota Regional Parks and Trails Commission. Commissioner Lindquist seconded the motion and, upon being put to vote, the resolution was unanimously adopted. this 27th day of March 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Award of Highway Construction Projects and Seasonal Supplies Motion by Lindquist, second by Huebsch and unanimously carried to award the following highway construction projects and 2018 seasonal supplies: Project Contractor Bid Award S.A.P. 056-608-029 & Etc. County Wide Seal Coat Project Morris Sealcoat & Trucking, Inc Morris, MN. $993,095.14 C.P. 18:TM County Wide Traffic Marking AAA Striping Service Co. St. Michael, MN $369,963.17 C.P. 18:CS County Wide Crack Sealing Fahrner Asphalt Sealers, LLC Eau Claire, WI $57,459.69 Bituminous Material Husky Energy Superior, WI $2.28/gal Hot Mix Bituminous (East) Central Specialties, Inc. Alexandria, MN $51.35 /Ton with Total Estimated Amount of $128,375.00 Mark Sand & Gravel Co. Fergus Falls, MN $50.25/Ton with Total Estimated Amount of $125,625.00 OTC Board of Commissioners’ Minutes March 27, 2018 Page 9 Project Contractor Bid Award Wadena Asphalt, Inc. Wadena, MN $52.00/Ton with Estimated Amount of $130,000.00 Hot Mix Bituminous (West) Central Specialties, Inc. Alexandria, MN $51.35/Ton with Total Estimated Amount of $102,700.00 Mark Sand & Gravel Co. Fergus Falls, MN $50.25/Ton with Total Estimated Amount of $100,500.00 Hot Mix Bituminous (North) Central Specialties, Inc. Alexandria, MN $51.35/ Ton with Total Estimated Amount of $102,700.00 Mark Sand & Gravel Co. Fergus Falls, MN $50.25 with Total Estimated Amount of $100,500.00 Winter Sand (Battle Lake) Mark Sand & Gravel Co. Delivery to Fergus Falls $8.20/Ton Winter Sand (Fergus Falls) Mark Sand & Gravel Co. Delivery to Fergus Falls $9.45/Ton Winter Sand (Henning) Alexandria Concrete Co. Alexandria, MN $8.30/Ton Winter Sand (New York Mills) Alexandria Concrete Co. Alexandria, MN $8.55/Ton Winter Sand (Parkers Prairie) Alexandria Concrete Co. Alexandria, MN $5.70/Ton Winter Sand (Pelican Rapids) Olson Gravel, Inc. Trail, MN $9.00/Ton Winter Sand (Perham) Olson Gravel, Inc. Trail, MN $6.50/Ton Drainage Systems County Ditch #55: Ditch Inspector Kevin Fellbaum submitted a request from multiple property owners to restore the channel coming out of Long Lake back to an operational condition and restore the Lake to its Ordinary High Water Level (OHWL). Motion by Lindquist, second by Huebsch and unanimously carried to approve repair work in Ditch #55 by digging a bypass spillway and placing a weir to set Long Lake OHWL at 1339.7, as recommended by the Ditch Inspector. Joint Ditch #2: A meeting regarding Joint Ditch #2 with Otter Tail County, Wilkin County and Buffalo Red River Watershed District (BRRWD) officials was scheduled at 2:00 p.m. on Tuesday, April 3, 2018, with Commissioners Johnson and Lindquist attending on behalf of Otter Tail County. Ditch Viewers: Motion by Huebsch, second by Lindquist and unanimously carried to approve Gary Denbrook, Jack Werner, and Randy Witt as Otter Tail County Ditch Viewers. Adjournment At 2:23 p.m., Vice-Chair Froemming declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, April 10, 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes March 27, 2018 Exhibit A, Page 1 WARRANTS APPROVED ON MARCH 27, 2018 OTC Board of Commissioners’ Minutes March 27, 2018 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes March 27, 2018 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes March 27, 2018 Exhibit A, Page 4 OTC Board of Commissioners’ Minutes March 27, 2018 Exhibit A, Page 5 OTC Board of Commissioners’ Minutes March 27, 2018 Exhibit B, Page 1 Otter Tail County Statement on Opioid Litigation Otter Tail County recognizes the serious damages that have been visited upon our nation by the misrepresentations and oversupply of opioids by manufacturers and marketers of these highly addictive drugs. We have an opioid epidemic. Many other counties in Minnesota and nationwide, as well as some states and cities have already initiated litigation to hold these companies accountable. We understand the Attorney General is considering joining the litigation in cooperation with other states, which we hope she does. While Otter Tail County has not been immune from the ravages of opioid abuse, our prescription rates, treatment admissions and deaths are at or below statewide averages. We support those suing, but we may not bring much more value to the effort by joining. There are considerable expenses involved in participation with limited expectation of returns to this County. Our general interests are already being served as the wrong doers are being held to account by those more seriously impacted. At this time, we will refrain from suing the opioid manufacturers and distributors, but will continue to monitor the situation, and follow the course that is in the best interests of the people of Otter Tail County.