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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/13/2018 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN November 13, 2018 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, November 13, 2018, at the Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chair; John Lindquist, Lee Rogness, and Doug Huebsch present. Otter Tail County Commission District 4 seat was vacant. 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 November 13, 2018, with the following addition. Lakes & Prairie CAC Contract Renewal Consent Agenda Motion by Huebsch, second by Lindquist and unanimously carried to approve Consent Agenda items as follows: 1. November 6, 2018, Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for November 13, 2018 (Exhibit A) 3. Human Services & Public Health Bills & Claims (Exhibit A) 4. Approval of Agreement for Providing Food Service for the Detention Facility – 3% increase 5. Approve Issuance of County Credit Card to Sarah Estep-Larson, Assistant County Attorney 6. Approve Issuance of 2019 Tobacco License to Larry’s Super Market and Wagon Wheel One Stop Registered Land Survey No. 20 Motion by Huebsch, second by Rogness and unanimously carried to authorize the appropriate County Official’s signatures on Registered Land Survey No. 20 (Exhibit B) as presented. The plat is a torrens land title property, has received a variance and has been reviewed by Attorney Robert Russell. PREMISE PERMIT – LIONS CLUB OF DENT Otter Tail County Resolution No. 2018 – 78 Commissioner Lindquist offered the following and moved its adoption: WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and WHEREAS, the Lions Club of Dent, Dent, MN, has made an application to the Gambling Control Board for the purpose of conducting lawful gambling at Zorbaz on Little Pine Lake, located at 45738 County Highway 51 in Perham Township of Otter Tail County; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue an initial premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the application for a permit; and OTC Board of Commissioners’ Minutes November 13, 2018 Page 2 WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of lawful gambling by the Lions Club of Dent, Dent, MN, at Zorbaz on Little Pine Lake, located at 45738 County Highway 51 in Perham Township of Otter Tail County. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the conduct of lawful gambling by the Lions Club of Dent, Dent, MN, at Zorbaz on Little Pine Lake, located at 45738 County Highway 51 in Perham Township of Otter Tail County, provided the applicant meets all the necessary criteria for the licenses and permits as required by the Gambling Control Board. IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the Township of Perham by sending them a copy of this resolution. Commissioner Huebsch seconded the motion, and upon being put to a vote, was unanimously carried. Adopted and signed this 13th day of November 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ________________________ By: __________________________________ Attest: _________________________ Wayne Johnson, Chair John Dinsmore, Clerk Human Services Contract Renewal Motion by Huebsch, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to renew a contract between the County of Otter Tail and Lakes & Prairie CAC to administer the Child Care Assistance program for low income families for CY2019. Public Hearing – Food Protection Ordinance At 10:02 a.m., Chairman Johnson opened the public hearing regarding the Food Protection Ordinance. The Minnesota Food Code Rule has been revised, which is the first revision since 1998. The Minnesota Food Code Rule changes require a revision to the County ordinance to reflect the citation language. Public Health Director Jody Lien indicated that the changes to the food code are based upon changes in the science related to risk incurred with food handling practices. She submitted a document with the specific changes. Chairman Johnson opened the meeting to public comment. There were no comments offered. The hearing was closed at 10:07 a.m. Recess & Reconvene At 10:08 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 10:16 a.m. Highway Department Projects Engineering Agreement – CSAH 89: Motion by Huebsch, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute Amendment No. 1 to the Engineering Agreement for the CSAH 89 (Lake Shore Drive) reconstruction. The agreement is between the County of Otter Tail and Apex Engineering Group, Inc. Right of Way Platting – S.A.P. 056-601-067: Motion by Rogness, second by Lindquist and unanimously carried to award the CSAH No. 1 Reconstruction Right of Way Plat project to Interstate Engineering, Inc. of Fergus Falls, MN, at the low quote of $16,400.00. The project runs from CSAH 2 north to the Interstate 94 overpass which is approximately 4 miles. OTC Board of Commissioners’ Minutes November 13, 2018 Page 3 Amendment to Agreement for Fir Ave. Study: Motion by Rogness, second by Huebsch and unanimously carried to approve appropriate County Officials’ signatures to execute an Amendment to the Professional Services Agreement for the Fir Avenue feasibility study between the County of Otter Tail and SRF Consulting group, Inc. The cost to complete the additional services is $16,490.10. 2017 Annual Highway Report: Highway Engineer Charles Grotte presented the 2017 Annual Highway Department Report. Certificate of Correction to Plat – Oakwood Beach Motion by Lindquist, second by Rogness and unanimously carried to approve the appropriate County Officials’ signatures to execute a Land Surveyor’s Certificate of Correction to Plat for Oakwood Beach (Exhibit C). Recess & Reconvene At 10:24 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 10:29 a.m. Public Hearing – Solid Waste Management Charges At 10:31 a.m., Chairman Johnson opened the public hearing for adjusting the Solid Waste Management Charges, specifically the proposal to adjust the per parcel solid waste management service charge from $11.00 per point per parcel to $14.00 per point per parcel. Chris McConn, Solid Waste Director, explained that the fee increase is needed due to increased expense for managing waste and upcoming new regulations for demolition landfills. The change supports environmental stewardship in Otter Tail County and replenishes the Solid Waste fund. Chairman Johnson opened the meeting for public comment. There were no comments offered. The hearing was closed at 10:42 a.m. Motion by Huebsh, second by Lindquist and unanimously carried to adjust the Solid Waste Management Services Fees as presented effective January 1, 2019. Public Health Regulation on the Distribution of Commercial Tobacco Products to Persons Under 21 After consideration of public comments, both verbal and written, at public hearings held on August 14, 2018 and August 27, 2018, the final Public Health Regulation on the Distribution of Commercial Tobacco Products to Persons Under 21 Ordinance was presented. Public Health Director Diane Thorson reviewed several proposed changes and stated that the proposed ordinance is a result of the increase in vaping in the schools. The Tobacco Licensing Ordinance will need to be updated after the first of the year and aligned with the Legal Distribution Age Ordinance. After further consideration, a motion was offered by Huebsch, seconded by Lindquist and unanimously carried to authorize the appropriate County Officials’ signatures to adopt the “Public Health Regulation on the Distribution of Commercial Tobacco Products to Persons Under 21” Ordinance effective January 1, 2019. Recess At 10:55 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for committee meetings and lunch break. Public Hearing – Expansion of Housing & Redevelopment Authority (HRA) Board At 1:00 p.m., Chairman Johnson opened the Board of Commissioners meeting for a public hearing to accept comments regarding the proposed expansion of the Otter Tail County HRA. External Communications and Economic Development Director Nick Leonard indicated that an increase in the seats on the HRA Board would give the Commissioners more representation and a better opportunity to collaborate with the HRA Board. OTC Board of Commissioners’ Minutes November 13, 2018 Page 4 HRA Board Public Hearing Continued: Mr. Leonard read the section of Minnesota Statute 469.006 that allows two additional seats and discussion took place regarding the criteria to fill the seats. Chairman Johnson opened the meeting for public comment. Mikel Olson, OTC and FF HRA Executive Director, spoke in favor of the Board expansion. The hearing was closed for comment at 1:13 p.m. EXPANSION AND APPOINTMENT OF OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS Otter Tail County Resolution No. 2018 79 WHEREAS, Minnesota Statute 469.006 Subdivision 1 details the appointment, qualifications and tenure of commissioners for Housing and Redevelopment Authorities (HRA); and WHEREAS, per Minnesota Statue 469.006 Subdivision 1, when the governing body of a county adopts a resolution under section 469.004, the governing body shall appoint five persons or the number of commissioners for the governing body, plus up to two additional commissioners, as commissioners of the county HRA; and WHEREAS, per Minnesota Statue 469.006 Subdivision 1, if any additional commissioners are appointed, one of the commissioners must be appointed in accordance with the requirements of Code of Federal Regulations, title 24, part 964; and WHEREAS, per Minnesota Statue 469.006 Subdivision 1, the membership of the commission will reflect an areawide distribution on a representative basis. WHEREAS, on August 19th, 1972, the Otter Tail County Board of Commissioners adopted “A Resolution Approving the Appointment of the Commissioners of the Housing and Redevelopment Authority of Otter Tail County, Minnesota;” and WHEREAS, since August 19th, 1972, the Otter Tail County HRA Board has been comprised of 5 commissioners who are appointed by the Otter Tail County Board of Commissioners and reflect an areawide distribution on a representative basis; and WHEREAS, the Otter Tail County Board of Commissioners desire to have a representative on the Otter Tail County HRA Board to facilitate greater communication and collaboration; and WHEREAS, the County has caused notice of a public hearing on the expansion and appointment of Otter Tail County Housing and Redevelopment Authority Board of Commissioners to be published in a newspaper of general circulation in the County; and WHERAS, pursuant to such notice, a public hearing on the proposal has been held by the County on the date hereof, at which hearing all persons desiring to present their oral or written comments on the proposal were given an opportunity to do so. NOW, THEREFORE, IT IS HEREBY RESOLVED: The Otter Tail County Board of Commissioners hereby authorizes expanding the Otter Tail County HRA Board from 5 commissioners to 6 or 7 per Minnesota Statue 469.006 Subdivision 1. The additional appointments are reserved exclusively for: 1) an Otter Tail County Commissioner who shall be nominated by the Chairperson and approved by the County Board annually each January, and 2) a housing tenant in accordance with the requirements of Code of Federal Regulations, title 24, part 964. OTC Board of Commissioners’ Minutes November 13, 2018 Page 5 The Otter Tail County Board of Commissioners hereby appoints Commissioner Doug Huebsch to serve on the Otter Tail County HRA Board for the duration of 2018 and until the 2019 nomination and board approval. The Otter Tail County Board of Commissioners hereby direct the Otter Tail County HRA Board to amend their bylaws to comply with this resolution. Upon the motion of Rogness, seconded by Lindquist, and passed on a 4 – 0 vote, the above resolution is hereby adopted by the Otter Tail County Board of Commissioners. Adopted this 13th day of November 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ________________________ By: __________________________________ Attest: _________________________ Wayne Johnson, Chair John Dinsmore, Clerk Drainage System No. 14 Motion by Lindquist, second by Rogness, and unanimously carried to retain legal counsel, Attorney John Kolb of the Rinke Noonan law firm for County Ditch 14 issues. Final Plat – “Nesi Park” Motion by Lindquist, second by Huebsch and unanimously carried to correct the September 12, 2018, Board of Commissioners minutes to clarify that the Nesi Park Final Plat is a five lot subdivision, not a four lot subdivision, as previously stated. Adjournment At 1:35 p.m., a motion was offered by Lindquist, seconded by Rogness and unanimously carried to adjourn the Otter Tail County Board of Commissioners meeting. The next Board meeting is scheduled at 9:30 a.m. on Tuesday, November 27, 2018, at the Government Services Center in Fergus Falls, MN. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes November 13, 2018 Exhibit A, Page 1 WARRANTS APPROVED ON 11/13/2018 OTC Board of Commissioners’ Minutes November 13, 2018 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes November 13, 2018 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes November 13, 2018 Exhibit A, Page 4 OTC Board of Commissioners’ Minutes November 13, 2018 Exhibit A, Page 5 OTC Board of Commissioners’ Minutes November 13, 2018 Exhibit A, Page 6 OTC Board of Commissioners’ Minutes November 13, 2018 Exhibit B, Page 1 OTC Board of Commissioners’ Minutes November 13, 2018 Exhibit C, Page 1