HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/27/2018
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room
515 W. Fir Avenue, Fergus Falls, MN
November 27, 2018
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, November 27, 2018, at the
Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chair;
Doug Huebsch, John Lindquist, Betty Murphy and Lee Rogness 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 November 27, 2018, with the
following addition.
Under Public Works Committee - Broadband in Rural MN Discussion
Consent Agenda
Motion by Lindquist, second by Rogness and unanimously carried to approve Consent Agenda items as
follows:
1. November 13, 2018, Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for November 27, 2018 (Exhibit A)
3. Human Services & Public Health Bills & Claims (Exhibit A)
4. 2019 Human Services Contract Renewals
5. Approve Issuance of County Credit Card to Kristi Wentworth, Family Services
Supervisor
6. Human Services Purchase of Services Agreements Annual Renewals
Probation Department Update
Probation Director Desta Lutzwick submitted several handouts regarding out-of-home placement statistics
including daily cost at various providers and the increased placement days purchased from 1,003.75 days
in CY2017 to 1,906 days from January 2018 through October 2018. Lengthy discussion took place regarding
difficult cases with increased mental health and behavioral issues, programs offered, and the need to hold
juveniles when picked up until after their court appearance. The ability to hold juveniles would keep out-of-
home placement transportation costs down. Ms. Lutzwick indicated that the County uses the Moorhead
Detention facility when possible and requested approval of the West Central Regional Juvenile Center
(WCRJC) Annual Purchase Agreement.
Motion by Huebsch, second by Rogness and unanimously carried to authorize the 2019 Annual Purchase
Agreement between the County of Otter Tail and the Clay County WCRJC for out-of-home placement costs
in the amount of $554,001, as presented.
Credit Card Approval
Motion by Lindquist, second by Huebsch and unanimously carried to issue a County credit card (with a 30-
day limit of $2,500) to Erin Brimhall, Detention Facility Administrative Assistant, as requested.
2019 Tobacco License
Motion by Lindquist, second by Huebsch and unanimously carried to issue a 2019 Tobacco License to
Underwood Oil, Inc.
OTC Board of Commissioners’ Minutes
November 27, 2018
Page 2
Payment Approval
Motion by Lindquist, second by Rogness and unanimously carried to approve payment to Tri-County
Healthcare, in the amount of $1,944.19, for services provided under the provisions of Minnesota Statute
609.35 for Case File No. 18034257.
University of Minnesota Extension Staff Agreement
Motion by Huebsch, second by Lindquist and unanimously carried to authorize the appropriate County
Officials’ signatures to execute an Agreement between the University of MN and Otter Tail County for
providing Extension programs locally and Employment of Extension Staff for the period of January 1, 2019
through December 31, 2021. The agreement provides funding for Otter Tail County’s 4-H and Master
Gardener programs.
Discussion Regarding Possible Animal Control and Nuisance Ordinance
Greg Seim, Lieutenant; Jessica Metzger, Public Health Nurse; and Michelle Eldien, County Attorney; spoke
with the Board regarding the challenges of developing an Animal Control and Nuisance Ordinance. They
reported that Exotic Animals are currently regulated under state and federal statutes. Creating an ordinance
for feral cats and nuisances could affect a large group of people with unattended consequences. The County
Attorney indicated that, in most cases, there is already a law or rule that regulates these situations.
Property Tax Assessment Abatement Policy
Doug Walvatne, County Assessor, explained that some mistakes, specifically when structures are placed on
a parcel incorrectly, cannot be corrected by clerical means as has been past practice. This was discovered
during an audit performed by the Minnesota Department of Revenue (DOR). Motion by Rogness, second
by Huebsch and unanimously carried to amend the current Property Tax Assessment Abatement Policy as
recommended by the County Assessor. The revised Abatement Policy will be posted on the Otter Tail
County website under “Ordinances & Policies”.
Adult & Children’s Mental Health Local Advisory Councils (LAC)
Troy Haugen, Chair of the OTC Children’s Mental Health LAC, submitted a “2018 Report on the State of
Children’s Mental Health Services” in the County. He cited M.S. 245.466, Subd. 5 which requires the County
to establish local advisory councils that reflect a broad range of community interests. He referred to
recommendations on Page 8 of the report.
Beth Nelson and Fonda Knudson, Co-chairs of the Adult Mental Health LAC, submitted several documents
and referred to recommendations. Discussion followed regarding the challenges people face with
inadequate insurance to obtain medication and lack of adequate housing and psychiatry services.
Commissioners requested that these items be discussed further in three months along with the probation
update discussion as some of these issues tie together.
Human Services Grant Agreements
Motion by Lindquist, second by Rogness and unanimously carried to authorize the appropriate County
Officials’ signatures to execute the Adult Mental Health Initiative (AMHI) grant agreement including Becker,
Clay, Otter Tail and Wadena (BCOW) counties, as submitted.
Motion by Lindquist, second by Rogness and unanimously carried to authorize the appropriate County
Officials’ signatures to execute the Otter Tail County Community Support Program grant agreement as
submitted
CY2017 Behavioral Health Annual Report
Human Services Supervisor Margaret Williams submitted a Behavioral Health report and reviewed statistics
regarding Adult and Children’s Mental Health Case Management and Chemical Dependency services.
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November 27, 2018
Page 3
Recess & Reconvene
At 11:18 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 11:23 a.m.
Planning Commission Recommendations
Preliminary Plat – “Tamarac Lake View Second Addition”/George & Marcelian DuSautel:
Motion by Huebsch, second by Rogness and unanimously carried to approve the Preliminary Plat titled
“Tamarac Lake View Second Addition” consisting of three single family residential, non-riparian lots as
presented. The proposal is located in Lot 1 Blk 1 of Tamarac Lake View, Section 22 of Scambler Township;
Tamarac Lake (56-931), Recreational Development (RD).
Preliminary Plat – “Painted Sunsets”/ Harold M. Wheeler, Karen L. Thayer, Lynda M. Hauge, Marie E. Strand:
Motion by Rogness, second by Lindquist and unanimously carried to approve the Preliminary Plat titled
“Painted Sunsets” consisting of two single family residential lots (1 riparian lot & 1 non-riparian lot) as
presented. The proposal is located in Part of GL 1 Containing 3.62 Acres, Section 22 of Otter Tail Township;
Otter Tail Lake (56-242), General Development (GD).
Preliminary Plat – “Dandi Estates”/ Daniel & Andrea Dulski-Bucholz:
Motion by Huebsch, second by Rogness and unanimously carried to approve the Preliminary Plat titled
“Dandi Estates” consisting of four single family residential, non-riparian lots and one non-residential, non-
riparian lot as presented. The proposal is located in Part of GL’s 1 & 2, Section 25 of Gorman Township;
Little Pine Lake (56-142), General Development (GD).
Preliminary Plat & Conditional Use Permit – “Arvig Acres”/ Allen & Carmen Arvig et al & Michelle L. Arvig
Biederman:
Motion by Rogness, second by Lindquist and unanimously carried to approve the Preliminary Plat titled
“Arvig Acres” consisting of six single family residential, riparian lots immediately south of Big Sandy Beach.
In addition, the motion approves the Conditional Use Permit for the proposed roadway designed to be a
southerly continuation of the existing township road, Jungle Shore Trail, with a standard cul-de-sac
termination. However, the Board of Commissioners recommends that the applicants consider developing a
road that goes through the property ending at County Highway 8 instead of terminating with a cul-de-sac. If
the applicants wish to develop a through road, Otter Tail County will waive the CUP fee for this purpose.
Conditional Use Permit - Timothy & Charlene Greene:
Motion by Huebsch, second by Lindquist and unanimously carried to approve a Conditional Use Permit for
earthmoving and driveway construction with conditions as recommended by the Planning Commission. The
project will be located on Lots 16 & 17 of Fair Oaks, Section 32 of Girard Township; West Battle Lake
(56-239), General Development (GD).
Preliminary Plat – “Tri-Lake Estates Backlots First Addition”/Justin Studsrud & Brooke Maier:
Motion by Rogness, second by Johnson and unanimously carried to approve the Preliminary Plat titled
Tri-Lake Estates Backlots First Addition” consisting of nine non-residential, non-riparian lots to be
permanently attached to riparian lots as presented. The proposal is located in Pt of GL’s 2 & 3 of Section 9
and Pt of GL 3 of Section 10, Lida Township; Lida Lake (56-747), General Development (GD).
Conditional Use Permit – Anthony & Tracy Bakke:
Motion by Lindquist, second by Rogness and unanimously carried to approve a Conditional Use Permit for
earthmoving to place a structure for an Implement/Tractor Repair Shop (Bakke’s Repair) as presented. The
proposal is located in the SW¼ of the SE¼ and GL 4 (99.25 Acres), Section 12 of Eastern Township; East
Annalaide (56-01), General Development (GD).
OTC Board of Commissioners’ Minutes
November 27, 2018
Page 4
Conditional Use Permit – Brian & Renah Meyer:
Land & Resource Director Chris LeClair reported that this Conditional Use Permit request is an after-the-fact
request. The applicant is currently working with the Land & Resource office for reasons as indicated in the
November 14, 2018, Planning Commission minutes.
AQUATIC INVASIVE SPECIES (AIS) PREVENTION AID
Otter Tail County Resolution No. 2018 - 80
WHEREAS, on December 13, 2011, the Otter Tail County Board of Commissioners formed a Task Force;
and
WHEREAS, on February 21, 2012, the Task Force adopted a Mission Statement which reads as follows:
It is the mission of the Otter Tail County AIS Task Force to develop programs and strategies to
support and enhance the protection of Otter Tail County waters. In order to accomplish this, the
Task Force adopted a set of bylaws and is still in operation in 2018; and
WHEREAS, on March 7, 2012, the Task Force adopted a set of bylaws and is still in operation in 2018; and
WHEREAS, the Otter Tail County AIS Task Force has remained active in preventing the spread of aquatic
invasive species; and
WHEREAS, the State of Minnesota has made available funds to local units of government to aid in aquatic
invasive species prevention as authorized under Minn. Stat. §477A.19.
NOW, THEREFORE, BE IT RESOLVED:
1. That Otter Tail County agrees to accept the Aquatic Invasive Species Prevention Aid from
the State of Minnesota.
2. That it will use the proceeds as recommended by the Otter Tail County Aquatic Invasive
Species Task Force and in conformity with the requirements of Minn. Stat. §477A.19.
Upon the motion of Commissioner Rogness, seconded by Commissioner Huebsch, and passed on a
5-0 vote, the above resolution is hereby adopted by the Otter Tail County Board of Commissioners.
Adopted this 27th day of Nov. 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ________________________
By: __________________________________ Attest: _________________________
Wayne Johnson, Chair John Dinsmore, Clerk
Aquatic Invasive Species (AIS) Task Force Expenditure
Motion by Huebsch, second by Lindquist and unanimously carried to authorize an expenditure for a half
page advertisement for education and awareness in the 2019 Otter Tail Lakes Country Designation Guide,
at a cost of $1,000, as recommended by the AIS Task Force.
AIS Task Force Membership
Motion by Lindquist, second by Huebsch and unanimously carried to approve the following appointments on
the Otter Tail County AIS Task Force effective January 1, 2019:
Bob Schempp, Owner of Lakeland General Store (replacing Lisa Bassett)
James Wooton, Fergus Falls (replacing Jim Whirly)
OTC Board of Commissioners’ Minutes
November 27, 2018
Page 5
Newly Elected Officials
Judge Barbara Hanson presided over the swearing in of Commissioner Betty Murphy of the 4th District,
Chairman Wayne Johnson of the 2nd District, and Michelle Eldien, County Attorney.
Recess & Reconvene
At 11:50 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 12:00 p.m.
Land & Resource Performance Review and Assistance Program (PRAP)
Pete Waller, Board of Water & Soil Resources (BWSR) Conservationist, submitted a document titled
“Performance Review and Assistance Program (PRAP) from MN BWSR, Spring 2018 edition. PRAP is a
means to monitor and assess the performance of local water management entities. He discussed history of
the program, types of reviews, grant recipients, and the reporting process. Mr. Waller provided a proposed
schedule and outline for a Level II review of Otter Tail County and SWCDs. A feedback report and synopsis
of the review will be provided to the County Board next March 2019.
Long Range Strategic Plan (LRSP)
Rick West, Public Works Director, reviewed SRF’s LRSP focus group presentation that took place at the
County Board meeting on November 27, 2018. He provided LRSP Element Recommendations and
proposed next steps starting with public outreach and education. Four outreach meetings throughout the
County are planned for the first week in February 2019. A video describing the planning process will be
available prior to the outreach meetings.
Little McDonald Kerbs Paul/Devils Little Devils (LMKP/DLD) Outlet Project
The Public Works Director reported on the LMKP/DLD Outlet project. He indicated that the $10 million grant
has been spent and the paperwork needs to be closed out by the end of 2018 with payment being made
from the Lake Improvement Districts.
Economic Development Committee (EDC)
Nick Leonard, Tourism & Economic Development Director, and members of the Otter Tail County Economic
Development Recommendation Committee spoke with the Board regarding the expansion of economic
development programs aimed at the housing and childcare shortage in the County. The EDC presented a
report dated November 2018 that identifies the current level of economic development and existing gaps in
programs and services. Motion by Huebsch, second by Rogness and unanimously carried to accept the
committee’s report and recommendation that the Otter Tail County Board of Commissioners establish a
county economic development authority to operate under sections 469.090 to 469.1081 (Option 1 of Subd.
4 from MN Statute 469).
RESOLUTION CALLING FOR PUBLIC HEARING ON THE QUESTION OF ESTABLISHING
AN ECONOMIC DEVELOPMENT AUTHORITY FOR OTTER TAIL COUNTY, MN
Otter Tail County Resolution No. 2018 – 81
WHEREAS, the County is authorized pursuant to Minnesota Statutes, Sections 469.090 through 469.1082,
to establish an Economic Development Authority for the County; and
WHEREAS, the Board of Commissioners desires to initiate the process for considering the establishment of
an Economic Development Authority.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. The Board of Commissioners shall hold a public hearing on Tuesday, December 11, 2018 at
2:00 PM in the Commissioners’ Room at the Otter Tail County Government Services Center, at
515 West Fir Ave, Fergus Falls, Minnesota, relating to the question of the establishment of an
economic development authority (the “EDA”) pursuant to Minnesota Statutes, Section 469.090
through 469.1082.
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November 27, 2018
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November 27, 2018
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2. The Clerk is hereby authorized and directed to cause notice of that public hearing, substantially
in the form attached to and made a part of this Resolution, to be published in the County’s official
newspaper once a week for two consecutive weeks prior to the scheduled public hearing date,
with the first publication occurring no earlier than 30 days prior to the public hearing date.
Upon the motion of Lindquist, seconded by Rogness and passed on a 5-0 vote, the above resolution is
hereby adopted by the Otter Tail County Board of Commissioners.
Adopted this 27th day of November 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ________________________
By: __________________________________ Attest: _________________________
Wayne Johnson, Chair John Dinsmore, Clerk
RESOLUTION CALLING FOR PUBLIC HEARING ON THE CREATION OF AN
ORDINANCE TO DIVIDE THE POWERS OF THE COUNTY HRA
BETWEEN THE COUNTY HRA AND COUNTY EDA
Otter Tail County Resolution No. 2018 – 82
WHEREAS, pursuant to Minnesota Statutes, Sections 469.094, Subdivision 1 and with consent from the
Otter Tail County Housing and Redevelopment Authority (HRA), the County may create an ordinance
dividing the economic development, housing, and redevelopment powers granted under sections 469.001
to 469.047 and 469.090 to 469.108; and
WHEREAS, the Board of Commissioners desires to initiate the process for considering the establishment of
such ordinance.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. The Board of Commissioners shall hold a public hearing on Tuesday, December 11, 2018 at
2:15 PM in the Commissioners’ Room at the Otter Tail County Government Services Center, at
515 West Fir Ave, Fergus Falls, Minnesota, on the establishment of an ordinance dividing the
economic development, housing, and redevelopment powers granted under sections 469.001
to 469.047 and 469.090 to 469.108.
2. The Clerk is hereby authorized and directed to cause notice of that public hearing, substantially
in the form attached to and made a part of this Resolution, to be published in the County’s official
newspaper at least 10 days prior no earlier than 30 days prior to the public hearing date.
Upon the motion of Huebsch, seconded by Rogness and passed on a 5-0 vote, the above resolution is
hereby adopted by the Otter Tail County Board of Commissioners.
Adopted this 27th day of November 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ________________________
By: __________________________________ Attest: _________________________
Wayne Johnson, Chair John Dinsmore, Clerk
OTC Board of Commissioners’ Minutes
November 27, 2018
Page 8
Engineering Agreement for Phelps Mill Dam Modification
Motion by Rogness, second by Lindquist and unanimously carried to authorize the appropriate County
Officials’ signatures to execute the Engineering Agreement, between the County of Otter Tail and Houston
Engineering, Inc., for the final planning phase of the Phelps Mill Dam Modifications project. The agreement
will be for development of a conceptual design for a 2/3 rock archway downstream of the dam.
Adjournment
At 1:00 p.m., a motion was offered by Rogness, seconded by Lindquist and unanimously carried to adjourn
the Otter Tail County Board of Commissioners meeting. The next Board meeting is scheduled at 1:00 p.m.
on Tuesday, December 11, 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 27, 2018
Exhibit A, Page 1
WARRANTS APPROVED ON 11/27/2018
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Exhibit A, Page 2
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Exhibit A, Page 3
OTC Board of Commissioners’ Minutes
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Exhibit A, Page 4
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Exhibit A, Page 5
Human Services and Public Health Warrants
OTC Board of Commissioners’ Minutes
November 27, 2018
Exhibit A, Page 6