HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/07/2018
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
County Offices, 118 Main Ave, New York Mills, MN
August 7, 2018
8:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 8:35 a.m. Tuesday, August 7, 2018, at the
New York Mills County Offices 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 Froemming, second by Lindquist
and unanimously carried to approve the Board of Commissioners Agenda of August 7, 2018, with the
following addition: Spitzer Lake Update
Consent Agenda
Motion by Huebsch, second by Froemming and unanimously carried to approve Consent Agenda items as
follows:
1. July 24, 2018, Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for August 7, 2018 (Exhibit A)
3. Authorize Issuance of County Credit Cards to Elisabeth Spilde, Benjamin
Olson, and Charles Beery
4. Approve On-Sale Liquor License Submitted by Birak Shrine Club
5. Approve Final Payment - C.P. 17:TM, 2017 County Wide Traffic Marking
Project to Traffic Marking Service, Inc.
Human Services Bills & Claims
Assistant Finance Director Kris Vipond spoke with the Board regarding the process for approval of the
Human Services bills and claims. Proceeding forward, the administrative bills will list the vendor, dollar
amount, and the fund/account in which the payment is issued. Other claims which may have a private or
confidential component will be summarized by category. These bill listings will be provided to the
Administration office by 2:00 p.m. Thursday for the following Tuesday County Board meeting. This deadline
is the same for other supporting documentation.
Spitzer Lake High Water Update
Commissioner Lindquist provided an update regarding Spitzer Lake. Property owners on the lake are talking
with the Coalition of Lake Association (COLA) for information on how to form an association. Mr. Lindquist
indicated that flooding is occurring on one portion of the lake; however, property owners on other parts of
the lake are satisfied with the lake level.
Proposed Meeting with MN Department of Natural Resources (DNR) Commissioner
Commissioners discussed the forum for an upcoming meeting with the State DNR Commissioner. This
meeting is for the County Officials and the DNR. The public may attend and listen to the conversation or
submit written commentary; however, the public will not be invited to speak. The County Administrator and
DNR will provide an Agenda for the lunch meeting.
Public Meeting – Feedlot Expansion, Mark Riestenberg Pork Farm
At 9:05 a.m., Chairman Johnson convened a public meeting held for the Mark Riestenberg Pork feedlot
expansion on behalf of the MN Pollution Control Agency (MPCA) under M.S. 116.07, Subd. 7(I).
Mark Riestenberg is proposing to expand the site on Highway 108 to add 3,300 hogs for a total of 4,500
hogs which equates to 1,250 animal units. The MPCA is responsible for issuing a permit for the feedlot
expansion. The County provides a local forum for the public to express their opinions regarding the project.
OTC Board of Commissioners’ Minutes
August 7, 2018
Page 2
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 41588 State Hwy 108, Perham, MN. Mr. Bauman indicated that
the new facility will be tied into the existing facility and there will be additional washing and scrubbing and
more air flow to provide for a drier, healthier environment. The under-barn manure pits provide 16 months
of storage.
Commissioner Johnson opened the meeting to public comment summarized as follows:
Property Owner Wayne Larson, Hwy 108:
• Wayne lives close to the barns, is not against farming but indicated that now, the odor is 3-6 days a
couple times per year and with an expansion, this will get worse. Opposed to tripling this facility, in part,
because previous agreements to mitigate smell have not been met.
Property Owner Clarence Schultes, 405th St.:
• Opposed to this swine feedlot expansion.
Property Owner Donald Riepe, Hwy 108:
• Expressed his opinion that Mr. Riestenberg should build closer to his place and keep the smell there.
Property Owners Dwayne & Susan Nelson, Hwy 108:
• Opposed to this feedlot expansion. Indicated that they believe Mr. Riestenberg has other locations that
are more conducive to this type of feedlot expansion.
Property Owner Eugene Doll, Hwy 108:
• When there is a Southeast wind, they get the odor. They were previously told that there was going to
be trees planted to disburse the odor, but nothing has been done, so opposed to the proposed expansion.
Property Owner Tina Becker, Hwy 108:
• Concerned with the odor and no trees
Property Owner Nick Lein, Hwy 49:
• Mr. Lein lives Southeast of the feedlot and stated that the curtains are down now and there was an
odor last night He is concerned that when the fan is operating all the time, the smell will be constant. He
also questioned if the manure is injected after application.
Property Owner John Rutten, Hwy 49:
• Mr. Rutten is not against the barn but there is a smell sometimes and expressed curiosity why this is
the chosen site when Mr. Riestenberg has other land he could build on that would be less impactful to others.
Property Owner Adam Holzer, Hwy 108:
• Mr. Holzer owns a water treatment business and has no problem with the barn; however, he expressed
concern that when the facility has dumped manure in the past it has sloshed over the tank and all over the
road.
Property Owner Luke Flink, Hwy 49:
• Mr. Flink lives about ¼ of a mile Southeast of the feedlot. He indicates that he is pro agriculture but
shares the same concerns as his neighbors have expressed regarding this feedlot.
Property Owner Perry Becker, Hwy 108:
• Expressed concern regarding what could happen to the value of his real estate.
OTC Board of Commissioners’ Minutes
August 7, 2018
Page 3
Property Owner Lawrence Dykhoff, Hwy 108:
• Completely opposed to this expansion, concerned about the retail value of his property and sewage
that ends up all over the road.
Commissioner Johnson opened the public meeting to comments from the County Board members:
Discussion took place regarding the fact that the new rule with the expansion is that manure must be injected
after application. Commissioner Johnson questioned if there is enough acreage for the amount of manure
produced based on the gallons and nitrogen numbers cited in the MPCA application. Mr. Riestenberg
indicated that there are neighbors who will take extra manure. Commissioner Huebsch stated that we need
farms, expansions, and organic matter for the fields. You cannot smell commercial fertilizer and chemicals
do not hold without manure. We need to think about food in this country for future years and decide how to
live in harmony with livestock and be good neighbors. These minutes will be forward to the MN Pollution
Control Agency in Detroit Lakes. After review, the MPCA will put this request on public notice for 30 days
and the MPCA must respond to those comments.
Public Meeting – Feedlot Expansion, Turco-Brood Farm
Jeff Baumann from Anez Consulting stated that Jennie-O Turkey-Brood Farm at 41963 Co. Hwy 53 in New
York Mills is replacing a barn that burned and expanding a few animal units. After notices had been mailed,
the PCA determined that the public meeting was not a requirement for this application/request. Property
owner Russell Palubicki spoke to the Board regarding birds being buried and vultures and eagles flying over
his property with these carcasses. Mr. Baumann indicated that he would check on this as they should be
put in dumpsters and hauled off site.
Recess & Reconvene
At 9:43 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 9:50 a.m.
T21 Ordinance Public Hearing
Discussion took place regarding the T21 Public Hearing scheduled August 14, 2018 at 1:00 p.m. at the
Government Services Center in Fergus Falls. Commissioners will give an additional opportunity for the
public to comment at a continued T21 Public Hearing at 7:00 p.m. on Monday, August 27, 2018, also located
at the Government Services Center. Motion by Huebsch, second by Froemming and unanimously carried
to send a letter to the Public Health Law Center to request their presence at the T21 Public Hearing. The
Public Health Director will send a letter to all city officials in the County regarding the Public Hearing.
Out-of-State Travel for Training
Motion by Froemming, second by Lindquist and unanimously carried to approve out-of-state travel to
Alabama for Deputy Jon Karger to attend secret service training for computer evidence recovery as
requested by Lieutenant Keith Van Dyke. All expenses are paid by the federal government for this training.
Vehicle Purchase
Motion by Rogness, second by Lindquist and unanimously carried to approve a transfer, in the amount of
$33,163.75, from the Capital Improvement Fund to the Road and Bridge Fund for the purchase of the 2018
GMC Sierra 2500 HD Pickup from Nelson Auto Center.
Canvassing Board
Motion by Rogness, second by Lindquist and unanimously carried to appoint Commissioners Rogness and
Lindquist to serve on the Canvassing Board scheduled for 10:00 a.m. on Friday, August 17, 2018, for the
State primary election.
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August 7, 2018
Page 4
Final Payment – County Attorney Offices Remodel Project
Motion by Huebsch, second by Rogness and unanimously carried to approve Final Payment No. 1 to Gast
Construction Co, Inc. of Fargo, ND, in the amount of $68,800.00, for County Attorney office remodel as
presented by the Physical Plant Manager.
Lake Entertainment Safety Discussion
Lengthy discussion took place regarding bar establishments on the ice and various music events attracting
many people on pontoons, boats, etc. to specific locations on various County lakes. Often these areas are
close to shore and are creating some controversy with the loud music, type of music, drinking and sanitation.
Roger Stadum, Tom and Marshall Smart, and Dave Majkrzak all testified about issues with these gatherings
on Pelican Lake. Sheriff Schlueter stated that his office issues permits for these formal events on the lake
and submitted basic guidelines that could be used when the permit is issued. Commissioners requested
that the County Sheriff, County Attorney, and County Administrator work together to formalize the guidelines
for lake events.
Amor Park 100th Anniversary
Motion by Huebsch, second by Froemming and unanimously carried to waive the Otter Tail County
Exhibitions and Shows Ordinance for the 100th Anniversary celebration of Amor Park on August 11, 2018,
subject to organizers providing security, adequate portable facilities, insurance, and notification to law
enforcement regarding the event, which has been past practice.
Recess & Reconvene
At 10:45 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners
recessed for an Internal Services Committee meeting. The County Board meeting was reconvened at
11:15 a.m.
Long Range Strategic Planning Update
Public Works Director Rick West and Administrator John Dinsmore presented a plan for meetings with focus
groups throughout the County to learn what residents want the County to focus on for the future. Long
range strategic focus groups will meet at 6:00 p.m. October 1 – 4, 2018, as follows:
October 1, 2018 – City of Perham
October 2, 2018 – City of Fergus Falls
October 3, 2018 – City of Pelican Rapids
October 4, 2018 – City of Parkers Prairie
Motion by Lindquist, second by Froemming and unanimously carried to start the October 2, 2018, County
Board meeting at 1:00 p.m. instead of 9:30 a.m. to align with the focus group meeting in Fergus Falls.
Economic Development Updates
Economic Development Director Nick Leonard briefed the Board on the following:
Broadband:
A phone survey will be conducted over the next several weeks in the southern portion of Otter Tail County.
The market survey will be used to collect resident input to better understand broadband availability and
preferences to move towards rural broadband integration.
OTC 150th Anniversary Celebration:
This celebration will take place in the Justice Two building in Clitherall, MN. The County Board meeting is
scheduled in the morning with a brief lunch at noon and an historic presentation following lunch.
OTC Economic Development Authority (EDA):
Mr. Leonard submitted a list to consider for a County EDA Committee which is needed to adopt economic
development powers under M.S. 469.1082 Subd. 2. Motion by Huebsch, second by Lindquist and
unanimously carried to schedule an EDA Committee meeting from 11:00 a.m. to 1:00 p.m. on Tuesday,
September 18, 2018. All Commissioners are authorized to attend.
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August 7, 2018
Page 5
Highway Department New Position
Motion by Huebsch, second by Lindquist and unanimously carried to approve an Accounting Support position
in the County Highway Department as submitted by the HR Director.
County Drainage Systems
Ditch #19:
Ditch Inspector Kevin Fellbaum briefed the Board on high water conditions in section 6 of Eastern Township
in Ditch 19. Motion by Rogness, second by Lindquist and unanimously carried to approve a drone fly over
of Ditch 19 to identify plugged and/or problem flow areas. The neighbors would be willing to pay for work
needed to solve the drainage issue.
Motion by Froemming, second by Huebsch and unanimously carried to authorize Mark Watkins to place a
culvert under his driveway at a position that better fits the current ditch corridor bottom when his driveway is
re-graded. The Highway Department will set proper grade for the installation and all costs incurred with this
project will be covered by Mr. Watkins.
Ditch #31:
Motion by Lindquist, second by Huebsh and unanimously carried to authorize the Ditch Inspector to work
with Rick Leitch to repair a culvert crossing on County Ditch 31 that he uses to access land for farming.
Ditch #18/37:
The Ditch Inspector has been contacted by Harold Thorson, a property owner on Ditch 37, regarding yearly
flooding that takes place on his property. Motion by Huebsch, second by Lindquist and unanimously carried
to authorize the Ditch Inspector to research and receive quotes regarding the cost to replace 800’ of 12” tile
with 800’ of 24” tile as described in the engineer’s report from 1978.
Highway Department Projects
Right of Way Acquisition – S.A.P. 056-634-011 & S.P. 056-090-013:
Motion by Huebsch, second by Froemming and unanimously carried to award acquisition services for
CSAH 34 Reconstruction and Perham to Pelican Rapids Regional Trail – Phase 1, to Storm Right of Way
Solutions, LLC, at the low quote of $38,200.00 plus appraisals not to exceed $1,500.00 and review appraisals
not to exceed $500.00.
Utility Relocation – S.A.P. 056-627-014:
Motion by Froemming, second by Rogness and unanimously carried to authorize the appropriate County
Officials’ signatures to execute the Utility Relocation Agreement between the County of Otter Tail and Otter
Tail Power Company, for the CSAH 27 project from Woodland Drive to 1,358’ North of CSAH 10, 4.33 miles.
Adjournment
At 12:16 p.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 8:30 a.m. on Tuesday, August 14, 2018, at the Government Services Center in Fergus Falls.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Wayne Johnson, Chair John Dinsmore, Clerk
CB/kd
OTC Board of Commissioners’ Minutes
August 7, 2018
Exhibit A, Page 1
WARRANTS APPROVED ON 8/07/2018
OTC Board of Commissioners’ Minutes
August 7, 2018
Exhibit A, Page 2
OTC Board of Commissioners’ Minutes
August 7, 2018
Exhibit A, Page 3
OTC Board of Commissioners’ Minutes
August 7, 2018
Exhibit A, Page 4
OTC Board of Commissioners’ Minutes
August 7, 2018
Exhibit A, Page 5