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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/10/2018 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN April 10, 2018 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, April 10, 2018, at the Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chair; Roger Froemming, Vice-Chair; John Lindquist, Lee Rogness and Doug Huebsch present. Approval of Agenda Chairman 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 April 10, 2018, as presented. Consent Agenda Motion by Froemming, second by Lindquist and unanimously carried to approve Consent Agenda items as follows: 1. March 27, 2018 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for April 10, 2018 (Exhibit A) 3. Human Services Bills & Claims 4. On-Sale Seasonal Liquor License for Elks Point Bar and Grill, Inc. 5. Issue County Credit Card to Cristi Field & Mark Ellenson from the Highway Department 6. Approve Application for Exempt Permit for MN Finnish American Historical Society for Event on August 26, 2018 Sheriff’s Department Transport Costs Sheriff Schlueter and Detention Center Administrator Jim Stewart reported on transportation costs to pick up individuals on warrants, commitments, and to attend court hearings. In 2016, the Sheriff’s Department did 509 transports. In 2017, the transports increased to 757, which resulted in a $38,000 increase over the budgeted amount. Discussion followed regarding the reason for increased transports and how this could be mitigated in the future. The Sheriff indicated that, on a case by case basis, the Department may decide not to transport from other states for minor crimes where the individual does not appear for court. If they get picked up at a later time, a warrant will show up for that person. Attorney Michelle Eldien indicated that more hearings could be accomplished through ITV and offered to meet with stakeholders to further discuss challenges and solutions in using appropriate technology. Commissioners requested a report on transport costs and continued research in six months. Tobacco Ordinance Revisions Update Public Health Director Diane Thorson and staff from Partnership4Health updated the Board regarding potential revisions to the Otter Tail County Tobacco Ordinance. Staff from the Partnership4Health will be contacting cities within the County to facilitate coordination between city and county ordinances. Tobacco licensees also must be informed of proposed revisions prior to a required Public Hearing. Motion by Huebsch, second by Rogness and unanimously carried to authorize technical assistance for the Public Health Department and County Attorney from the Minnesota Public Health Law Center to develop a draft Tobacco Ordinance. Waiver Request The Underwood Lions Club submitted a request for a waiver of the number of events they can hold under their special event license category. The Public Health Director will meet with the Environmental Health Staff to determine options available to an organization that is doing more than 10 events annually. OTC Board of Commissioners’ Minutes April 10, 2018 Page 2 ACCEPTING DEDICATED DONATION TO SUPPORT VETERANS VAN FUND Otter Tail County Resolution No. 2018 - 30 WHEREAS, VFW Post 5252 Pelican Rapids has offered to donate funds in the amount of $500.00 to the County of Otter Tail on behalf of the Otter Tail County Veterans Service Office to assist in the Veterans Transportation program. 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 from VFW Post 5252 will be for the purpose of assisting in the cost of veterans’ van replacement. WHEREAS, acceptance of the funds in accordance with the donor’s terms is in the best interest of the County of Otter Tail. NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners does accept the above-described funds from VFW Post 5252, Pelican Rapids and extends its grateful appreciation. The motion for the adoption of the foregoing resolution was introduced by Commissioner Froemming, duly seconded by Commissioner Lindquist and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming, and Rogness and the following voted against the same: None Adopted at Fergus Falls, Minnesota this 10th day of April 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Wayne Johnson, Board Chair Attest: John Dinsmore, Clerk ACCEPTING DEDICATED DONATION TO SUPPORT VETERANS VAN FUND Otter Tail County Resolution No. 2018 - 31 WHEREAS, American Legion Post 148, Dent has offered to donate funds in the amount of $200.00 to the County of Otter Tail on behalf of Otter Tail County Veterans Services to assist in the Veterans Transportation program. 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 from American Legion Post 148 will be for the purpose of assisting in the cost of veterans’ van replacement. OTC Board of Commissioners’ Minutes April 10, 2018 Page 3 WHEREAS, acceptance of the funds in accordance with the donor’s terms is in the best interest of the County of Otter Tail. NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners does accept the above-described funds from American Legion Post 148, Dent, MN. and extends its grateful appreciation. The motion for the adoption of the foregoing resolution was introduced by Commissioner Froemming, duly seconded by Commissioner Lindquist and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness and the following voted against the same: None Adopted at Fergus Falls, Minnesota this 10th day of April 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Wayne Johnson, Board Chair Attest: John Dinsmore, Clerk ACCEPTING DEDICATED DONATION TO SUPPORT VETERANS VAN PROGRAM Otter Tail County Resolution No. 2018 - 32 WHEREAS, VFW Post 612 Fergus Falls has offered to donate funds in the amount of $2000.00 to the County of Otter Tail on behalf of the Otter Tail County Veterans Services to assist in the Veterans Transportation program. 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 from VFW Post 612 will be for the purpose of assisting in the cost of veteran’s van replacement, WHEREAS, acceptance of the funds in accordance with the donor’s terms is in the best interest of the County of Otter Tail. NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners does accept the above-described funds from VFW Post 612 Fergus Falls, and extends its grateful appreciation. The motion for the adoption of the foregoing resolution was introduced by Commissioner Froemming, duly seconded by Commissioner Lindquist and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness and the following voted against the same: None OTC Board of Commissioners’ Minutes April 10, 2018 Page 4 Adopted at Fergus Falls, Minnesota, this 10th day of April 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Wayne Johnson, Board Chair Attest: John Dinsmore, Clerk Recess & Reconvene At 10:12 a.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The County Board meeting was reconvened at 10:17 a.m. County Ditch #16 Project SWCD Manager Brad Mergens briefed the Board on a fish spawning project by West Battle Lake in Ditch #16. A Community Partners Grant has been received from the Minnesota Department of Natural Resources (DNR) for this project which is a partnership with the County, West Battle Lake Association, and MnDOT. Joint County Ditch #2 Motion by Huebsch, second by Lindquist and unanimously carried to schedule a Public Information Meeting with property owners at 7:00 p.m. on Monday, June 4, 2018, at the Government Services Center in Fergus Falls, MN, to discuss Joint County Ditch #2 Public Meeting – Feedlot Expansion, Otter Wings, LLP At 10:36 a.m., Chairman Johnson convened a public meeting held for the Otter Wings, LLP feedlot expansion on behalf of the MN Pollution Control Agency (MPCA) under M.S. 116.07, Subd. 7(I). Otter Wings, LLP is proposing to construct two total confinement swine barns with below barn concrete liquid manure storage for 2490 head of swine over 300 pounds with total animal units at 996. 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. The location of the feedlot is in the SE¼ and W½ of the NW¼, Section 12, Blowers Township, Otter Tail County. A Construction Short Form Permit Application was submitted. Mr. Bauman and the owners of the project showed where the buildings and the storm water retention ponds will be located. They explained that the project will be to provide small pigs raised in a high health atmosphere for producers. The operation is expected to employ eight employees and purchase local supplies and services with 75% of the feed being corn, supplied by local grain farmers. Commissioner Johnson opened the meeting to public comment summarized as follows: Property Owner Mark Fickes, County Hwy 75: • Expressed concern with odor Mr. Bauman indicated that there will be an odor with any feedlot but there is continual washing and cleaning going on with the operation and until you get quite close to the operation, you will not notice the odor. The owners of the project invited concerned neighbors to view a similar site where they can show what is done in a modern facility to mitigate odor. OTC Board of Commissioners’ Minutes April 10, 2018 Page 5 Property Owner Gene Schwartz, 440th St.: • Concerned with a swine operation next to a creek within 100 yards of the barns and the potential of leaching into the ground water. • Concerned with what could happen if the creek floods. Jeff Bauman responded that the under-barn pits are concrete, reinforced, designed by a professional engineer, and have perimeter tile going around the pits to monitor what is going on to identify a problem before it gets into the ground water or the creek. The elevation of the barns is quite high over the creek and there are retention ponds planned for heavy rains and snow melts. Property Owner Jon Broughton, 450th St.: • Asked if the only entrance into the facility is on the north Mr. Bauman indicated that there is an entrance to the facility from the west side on CR 75; however, the plan is to use the north entrance most of the time. Chairman Johnson closed the Public Meeting at 11:00 a.m. Minutes will be forwarded to the MN Pollution Control Agency in Detroit Lakes. MN Department of Natural Resources (DNR) Surplus Property Members of the Otter Tail Lake Property Owners Association (OTLPOA) requested support for the purchase of 58 acres of land between Blanche and Otter Tail lakes. A proposal regarding the purchase of this land from the DNR dated April 10, 2018, was submitted. The OTLPOA is requesting two years to raise the funds to purchase the property. Otter Tail County would submit a written offer to the DNR Commissioner no later than two weeks after receipt of notice setting forth in detail, its reasons for desiring to acquire the property and its intended use of the land. Upon full payment from the OTLPOA, Otter Tail County would transfer ownership to the OTLPOA. Motion by Rogness, second by Huebsch and unanimously carried to pursue a contract between the County and OTLPOA for acquisition of the 58-acre parcel including a hold harmless agreement for the County. If the OTLPOA is not able to raise the funds, the property will be scheduled for auction by the DNR. Court-Appointed Attorney Contract Motion by Lindquist, second by Huebsch and unanimously carried to authorize the appropriate County Officials’ signatures to execute a Contract for Legal Services between the County of Otter Tail and Attorneys Matthew Jorud and Brian Geis, as submitted. Highway Projects HSIP Projects: Motion by Rogness, second by Lindquist and unanimously carried to award the following Highway Safety Improvement Program (HSIP) projects, which are funded with 90% federal highway safety funds and 10% local match: Project Contractor (low bidder) Bid Award S.P. 056-070-023; MN HSIP 5618(170), Enhanced Edge Line Markings Traffic Marking Service, Inc. Maple Lake, MN $187,033.76 S.P. 056-070-024; MN HSIP 5618(171); Paved Shoulders & Rumble Strips Knife River Materials Bemidji, MN $358,549.96 OTC Board of Commissioners’ Minutes April 10, 2018 Page 6 Phelps Mill Fish Passage: Motion by Rogness, second by Froemming and unanimously carried to authorize the appropriate County Officials’ signatures to execute an Engineering Agreement between the County of Otter Tail and Houston Engineering for the final planning phase for the Phelps Mill Dam Modifications project. The agreement allows Houston Engineering to study the options. Expense for the planning phase is the responsibility of the USFWS and MN DNR. Otter Tail County is the agent on the project and responsible to approve the final plan for the project. Professional Services for Fir Ave. Intersections Study: Motion by Rogness, second by Huebsch and unanimously carried to authorize the appropriate County Officials’ signatures to execute an Agreement between the County of Otter Tail and SRF Consulting Group, Inc. for a feasibility study for Fir and Friberg Avenue Intersections contingent upon the approval of the City of Fergus Falls. Parks & Trails Letter of Support: Motion by Huebsch, second by Froemming and unanimously carried to authorize the Chairman’s signature on a Letter of Support for HF 1270/SF 689, which seeks to add five million dollars in bonding for Local Trails Connection Program and the Outdoor Recreation Grant Program. Little McDonald, Paul, Kerbs and Devils’ Lakes Outlet Project Motion by Huebsch, second by Froemming and unanimously carried to approve payment, in the amount of $372.00 to RD Offutt Companies for additional permanent right-of-way easement for the Lake Improvement District Drainage project. Motion by Froemming, second by Lindquist and unanimously carried to approve payment, in the amount of $4,921.34 to Lake Region Electric Cooperative for providing an electrical service point to the Devils and Little Devils (DLD) lakes pump station. Fund Transfer Motion by Froemming, second by Lindquist and unanimously carried to approve a transfer from the Capital Improvement Fund to the Road and Bridge Fund for the following: Two-2018 Diamond All American Shoulder Disc CIC201816 $12,576.00 One-2018 12 Tire Pull Type Roller CIC201815 $18,968.00 Board of Adjustment Motion by Froemming, second by Lindquist and unanimously carried to appoint Kenneth Vorerbugen, Henning, MN, to serve on the Board of Adjustment replacing the term of Paul Larson. Application for Exempt Permit Motion by Lindquist, second by Froemming and unanimously carried to approve the LG220 Application for Exempt Permit as submitted by the Pheasants Forever Otter Tail County Chapter 10 for an event scheduled Tuesday, May 29, 2018, at Dalton Outdoors located at 14732 Gun Club Road, Dalton, MN. Election Equipment Motion by Lindquist, second by Froemming and unanimously carried to authorize Wayne Stein, Auditor- Treasurer, to sign the Master Software License and Services Agreement and the Nondisclosure and Confidentiality Agreement with KNOWiNK for the acquisition of 69 Poll Pad Units at a cost of $109,335.50 as stated in the proposal, subject to the approval of the County Attorney. OTC Board of Commissioners’ Minutes April 10, 2018 Page 7 Cost Allocation Plan Motion by Froemming, second by Lindquist and unanimously carried to authorize the Auditor-Treasurer to sign the letter of engagement with Government Management Group for the preparation of Otter Tail County’s Central Services Cost Allocation Plans for fiscal years ending December 31, 2018, 2019, 2020, 2021 and 2022 in conformance with Title 2 CRF Part 200 requirements, at an annual fixed fee of $6,500. Recess & Reconvene At 11:45 a.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The County Board meeting was reconvened at 11:50 a.m. Purchase of Service Agreement Motion by Lindquist, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute an Agreement between the County of Otter Tail and Solutions Agency for an Adolescent Cognitive Skills Program for the period of April 1, 2018 through January 10, 2019. This is a twelve-week course with total cost for 2018 not to exceed $19,725.00. Groundbreaking Ceremony Motion by Huebsch, second by Froemming and unanimously carried to authorize Commissioners’ attendance at the Battle Lake Area Child Care Center Groudbreaking Ceremony at 1:30 p.m. on Saturday, April 21, 2018. Recess & Reconvene At 12:00 p.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a “Years of Service” recognition luncheon for County employees. Broadband Discussion At 1:30 p.m., the Board of Commissioners met with CCG Consulting, Finley Engineering and local vendors to discuss a Broadband Feasibility Study. CCG President Doug Dawson and Finley Project Engineer Chris Konechne reported that, within the next 4 – 5 years, the local vendors will have provided about 75% of Otter Tail County land mass with fiber to the curb. Discussion took place regarding why broadband is important, varying data speeds that are expected by consumers, grants to help with the remaining 25% of the land mass that will still need service, and cost for the remaining areas. Estimated cost for the remaining areas without fiber is 44.46 million dollars. At this point, it is not economically feasible to provide fiber to all parts of the County. Next steps include 1) talking to prospective partners; 2) educating the public; 3) assist partners with 2018 grant filings; 4) recognize that this is a long-term project; and 5) consider contributing by way of a County grant/loan. Adjournment At 3:00 p.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, April 24, 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes April 10, 2018 Exhibit A, Page 1 WARRANTS APPROVED ON 4/10/2018 OTC Board of Commissioners’ Minutes April 10, 2018 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes April 10, 2018 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes April 10, 2018 Exhibit A, Page 4 OTC Board of Commissioners’ Minutes April 10, 2018 Exhibit A, Page 5