HomeMy WebLinkAboutBoard of Commissioners – Supporting Documents Compiled – 01/09/20182.1 Draft CB Minutes for 01.02.18
2.2 County Bills~Warrants
2.4-2.5 HS Contract & Amendment Renewals
2.6 Solid Waste Haulers Addresses 2018
2.7 Tobacco License
3.0 Letter to BWSR's Pete Waller Regarding 1W1P MOA's
3.0 One Watershed One Plan Content Requirements
3.0 One Watershed One Plan Operating Procedures
4.0 Court Appointed Counsel - CHIPS-TPR 2018
4.0 Court Appointed Counsel - Commitment-Child Support-
Paternity 2018
6.0 Auditor-Treasurer Agenda Items
BOARD OF COMMISSIONERS MEETING
AGENDA PACKET
January 9, 2018
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN
January 2, 2018
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 9:31 a.m. Tuesday, January 2, 2018, at the
Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair;
Wayne Johnson, Vice-Chair; Roger Froemming, John Lindquist, and Lee Rogness present.
CY2018 Otter Tail County Board Chair Board Clerk John Dinsmore requested nominations for the Otter Tail County Board Chair for 2018. A nomination was offered by Rogness and seconded by Lindquist for Commissioner Wayne Johnson to serve
as the Otter Tail County Board of Commissioners Chair for 2018. Motion by Lindquist, second by Huebsch
and unanimously carried to cease nominations and cast a unanimous ballot to elect Chairman
Wayne Johnson.
CY2018 Otter Tail County Board Vice-Chair
Chairman Wayne Johnson assumed the Chair’s seat and requested nominations for the Otter Tail County
Board Vice-Chair for 2018. A nomination was offered by Huebsch and seconded by Lindquist to nominate
Commissioner Roger Froemming to serve as the Board of Commissioners Vice-Chair. Motion by Rogness,
second by Lindquist and unanimously carried to cease nominations and cast a unanimous ballot to elect
Vice- Chairman Roger Froemming.
Approval of Agenda
Chair 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 January 2, 2018, with the following
additions:
Child Welfare/Juvenile Justice Screening Grant 2018 Red River Basin Commission Conference
Consent Agenda Motion by Huebsch, second by Froemming and unanimously carried to approve Consent Agenda items as follows: 1. December 19, 2017, Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for January 2, 2018 (Exhibit A) 3. Human Services Bills & Claims 4. Approval of Central MN Emergency Services Board Committee Memberships 5. Approve 2018 Tobacco License for JC’s General Store Affidavit for Super Septic Excavation Motion by Rogness, second by Lindquist and carried with Johnson abstaining to approve the Affidavit of Wayne Johnson, owner of Super Septic Excavation, as submitted by the Auditor-Treasurer.
Public Meeting – Feedlot Expansion, CMS Farms of New York Mills, Inc.
At 9:35 a.m., Chairman Johnson convened a public meeting held for the CMS Farms feedlot expansion on
behalf of the MN Pollution Control Agency (MPCA) under M.S. 116.07, Subd. 7(I). CMS Farms is increasing
their swine feedlot at 39092 470th Ave, New York Mills, MN. 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.
OTC Board of Commissioners’ Minutes January 2, 2018
Page 2
Mr. Bauman explained the project including the increase in animal units and the outdoor, concrete manure
storage basin. The swine facility has been in operation in this location since 1975. Commissioner Johnson
opened the meeting to public comment summarized as follows:
Barbara Jeske, 460th Ave:
• the river runs around this area and there has been past flooding in this area
• concerned with the increase in number of animal units and how the animal units are identified on the
PCA application
• increased smell with a larger operation
David Olson, property owner on Albert’s Lake:
• concern with runoff from the farm and the water quality of Albert’s Lake – need to protect Ditch 58 and the buffer zones
Sally Cavalier, 52nd St W:
• concerned about the ground water – nitrates were high the last time her shallow well was tested
• concerned about additional odor
• concerned about air quality and flies Patsy Listrom & Patricia Holper, 460th Ave:
• have lived in current location for 13 years and concerned with odor
• effect of a large swine operation on resale value of home/property
• concerned with too much manure with expansion and possible leakage of manure
• road maintenance Commissioners explained how animal units are calculated. The application numbers were correct based on the animal unit formula. Ditch Inspector Kevin Fellbaum indicated that this feedlot expansion is close to County Ditch 58. There has been some repair work completed in Ditch 58. Some residents would like to
have the tile system coming out of Albert Lake installed. Ditch 58 has backed up in this neighborhood a
couple of years ago, but since that time, there has not been a problem. The Ditch 58 issues/problems will
be worked on. The design of the existing site from ground level put the barns at about 6’ above the
surrounding terrain and the new facilities will be the same. Mr. Bauman explained that because the feedlot
will now be over 1,000 animal units, it is considered a zero-discharge site and must follow those regulations.
This means that no surface water can runoff before it is collected and stored in infiltration areas (collection ponds). The design of the collection ponds will be based on a 25-year rain event. He also used the Odor Offset Model tool from the University of Minnesota and explained the results of the model using this facility’s data in reference to odor concerns. With no further comments, the public meeting was closed at 10:05 a.m. The minutes of this meeting will be forwarded to the MPCA. STATUTORY ELECTED OFFICIALS SALARIES ESTABLISHED Otter Tail County Resolution No. 2018 - 01
Commissioner Rogness offered the following and moved its adoption: WHEREAS, Minnesota Statutes 384.151, 385.373, 386.015, 387.20 and 388.18 require that the County Board of Commissioners, prior to the first date on which applicants may file for office of the County Auditor/Treasurer, County Recorder, County Sheriff, and County Attorney, shall set, by resolution, the minimum salary to be paid for the terms next following; and WHEREAS, Otter Tail County has adopted a standard pay policy, which includes elected officials; and
OTC Board of Commissioners’ Minutes January 2, 2018
Page 3
NOW, BE IT RESOLVED, that the minimum salaries for the next terms for Elected Officials are as follows:
County Attorney $125,842.00
County Sheriff $108,306.00
County Auditor/Treasurer $ 81,827.00
County Recorder 67,642.00 Commissioner Froemming seconded the motion and YEAS and NAYS are as follows: Board Members - For Against Absent Doug Huebsch X Wayne D. Johnson X John Lindquist X
Roger Froemming X
Leland R Rogness X
Adopted at Fergus Falls, Minnesota, this 2nd day of January 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Bike Usage Policy Motion by Huebsch, second by Rogness and unanimously carried to adopt the Otter Tail County Bike Usage Policy date 1/1/2018 and Physical Activity Release form as submitted by Janet Lindberg, Nutritionist and
Facilitator of the Otter Tail County Wellness Committee.
Recess & Reconvene
At 10:12 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners
recessed for a Public Works Committee meeting. The County Board meeting was reconvened at 11:00 a.m.
Child Welfare/Juvenile Justice Screening Grant Motion by Froemming, second by Lindquist and unanimously carried to authorize the appropriate County Official’s signature to approve the Acceptance of Otter Tail County Award for the child welfare/juvenile justice screening grant from the State of Minnesota for January 1, 2018 through December 21, 2018. 2018 Red River Basin Commission Conference Commissioners discussed representation at the 35th Annual Red River Basin Land & Water International Summit January 23-25, 2018 in Winnipeg, Manitoba. Peter Fjestad, Otter Tail County’s representative on
the Buffalo Red River Watershed District, generally attends this conference and reports back to the County
Board.
West Otter Tail County Fair Board
Commissioners requested that the County Administrator provide West Otter Tail County Fair financial
information. This information has not been received and is necessary due to the County’s funding to the East and West Otter Tail County Fair organizations.
OTC Board of Commissioners’ Minutes January 2, 2018
Page 4
Public Meeting – Dairy Feedlot Expansion
At 11:15 a.m., Chairman Johnson convened a public meeting for the Jorgenson Dairy, Inc. feedlot expansion
held on behalf of the MN Pollution Control Agency (MPCA) under M.S. 116.07, Subd. 7(I). Owner
Mark Jorgenson briefed the County Board on the history of the family dairy farm and the application he has submitted to the MPCA. The feedlot is located at 50489 455th St, Perham, MN. The County provides a local forum for the public to express their opinions regarding proposed projects. Mr. Jorgenson followed the County process and provided notification to neighbors regarding the expansion and corresponding public meeting. No one from the public was present and there were no written comments received. Commissioners spoke in favor of this dairy expansion. These minutes will be forwarded to the MPCA for their consideration. Recess & Reconvene
At 11:25 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 11:30 a.m.
DEPOSITORY RESOLUTION
Otter Tail County Resolution No. 2018 - 02 Upon a motion made by Lindquist, seconded by Rogness and unanimously carried, the following resolution was adopted: RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, that all financial institutions in
Otter Tail County, including Credit Unions, State and Federal banks be and are hereby designated as
depositories of County funds.
Adopted at Fergus Falls, MN this 2nd day of January 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk INVESTMENTS RESOLUTION
Otter Tail County Resolution No. 2018 - 03
Upon a motion made by Froemming, seconded by Lindquist and unanimously carried, the following resolution was adopted: RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, that the Otter Tail County Auditor/Treasurer and the Otter Tail County Chief Deputy Treasurer be and is hereby given authority to invest County funds as available. Adopted at Fergus Falls, MN this 2nd day of January 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Wayne Johnson, Chair John Dinsmore, Clerk
OTC Board of Commissioners’ Minutes January 2, 2018
Page 5
Otter Tail County Extension Committee
Motion by Lindquist, second by Froemming and unanimously carried to reappoint Ann Gibbs to the Extension
Committee effective January 1, 2018, for a three -year term.
Board of Appeal & Equalization
Motion by Rogness, second by Huebsch and unanimously carried, to convene the County Board of Appeal and Equalization on Wednesday, June 13, 2018 at 9:00 a.m. and to reconvene the County Board of Equalization for final action on Tuesday, June 26, 2018 pursuant to Minn. Stat. 274.14. SOLICITATION OF HIGHWAY CONSTRUCTION BIDS Otter Tail County Resolution No. 2018 – 04
Upon a motion offered by Huebsch, seconded by Rogness and unanimously carried, the following resolution
was adopted:
To Use Alternative Method To Disseminate Bids And Requests
WHEREAS, Minnesota Statute §331A.03 Subd. 3(b) allows a county to use its website or recognized
industry trade journals as an alternative to disseminate solicitations of bids, requests for information and requests for proposals. NOW THEREFORE, the Otter Tail County Board of Commissioners hereby resolves: BE IT RESOLVED, that from this day forward, the County of Otter Tail may continue to use the Otter Tail County website, www.co.ottertail.mn.us, as an alternative means to disseminate solicitations of bids, requests for information, and requests for proposals for transportation related construction and maintenance
projects.
BE IT FURTHER RESOLVED, that any dissemination by alternative means must be in substantially the
same format and for the same period of time as a publication would otherwise be required under Minnesota
Statute §331A.03 Subd. 3.
Adopted at Fergus Falls, MN this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Otter Tail County Website Official Publication
Motion by Huebsch, second by Lindquist and unanimously carried to designate the Otter Tail County website
as the official publication, as appropriate, for highway project advertisements for bids as authorized by M.S.
331A.12, Subd. 2.
Request for Forgiveness of Tax Penalty Motion by Huebsch, second by Froemming and unanimously carried to deny the request of Dr. ALa L. Lysyk Smith for the forgiveness of tax penalty in the amount of $106.96, resulting from the late payment of the Pay 2017 property taxes on Parcel 71-004-99-0746-000 (Lot 2 Block 1 - Meadow Hills). This request did not comply with the Tax Forgiveness Guidelines.
OTC Board of Commissioners’ Minutes January 2, 2018
Page 6
Insurance Payments Approved
Motion by Rogness, second by Lindquist and unanimously carried, to approve payment to the Minnesota
Counties Intergovernmental Trust (MCIT), for the following 2018 insurance coverage:
Invoice 17703R – Dated 12/15/2017 PC114018 Property/Causality $392,334.00 Invoice 18121R – Dated 12/15/2017 WC114018 Workers Compensation $358,685.00 Invoice WC283109 – Dated 12/22/2017 Workers Compensation – 2016 Audit $ 24,786.00 Total Due Minnesota Counties Intergovernmental Trust - $775,805.00 2018 Printing and Publishing Bids Motion by Rogness and second by Lindquist to designate the following papers for Otter Tail County’s 2018
publishing and printing requirements:
Legal Notices, Publications and Commissioners’ Minutes:
Daily Journal $16.32 per S.A.U.
Annual Financial Statement:
The Independent – Parkers Prairie First Publication $ 16.65 per S.A.U.
Pelican Rapids Press Second Publication $ 10.79 per S.A.U. Delinquent Tax List: The Independent – Parkers Prairie First Publication $ 16.65 per S.A.U. The Independent – Parkers Prairie Second Publication $ 10.79 per S.A.U. After discussion and consideration, the motion to approve Printing and Publishing Bids passed on a roll call vote as follows:
Board of County Commissioners YEA NAY ABSENT ABSTAIN
Doug Huebsch X
Wayne D. Johnson X
John Lindquist X
Roger Froemming X
Leland R. Rogness X 2018 Delinquent Parcel Publication Fee Motion by Lindquist, second by Froemming and unanimously carried to set the cost assessed to delinquent real estate parcels that are published in the Delinquent Tax List at $53.50 per parcel pursuant to Minnesota Statute 279.092. 2018 Annual Appropriations
Motion by Huebsch, second by Rogness and unanimously carried to authorize payment of the following
CY2018 annual appropriations:
Annual Appropriation Approval Approved 2018
West Central Initiative (01704.6815) 20,000.00
West Otter Tail Fair Association (01505.6950) 25,000.00
East Otter Tail Fair Association (01505.6950) 25,000.00
Otter Tail Lakes Country Association – Special Project (01502.6950) 30,000.00
Otter Tail Co Historical Society - Special Project (01504.6950) 40,000.00
Minnesota Red River Valley Development Assoc. (01703.6804) 800.00
OTC Board of Commissioners’ Minutes January 2, 2018
Page 7
CALENDAR YEAR 2018 POCKET GOPHER BOUNTY (M.S. 348.12 AND 348.13)
Otter Tail County Resolution No. 2018 - 05 Upon a motion offered by Rogness, seconded by Lindquist and unanimously carried, the following resolution was adopted:
RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, that
The sum of fifty cents ($.50) be paid out of the General Revenue Fund of Otter Tail County for every pocket
gopher killed in said County during the year 2018. Paid only in those cases where the township in which
the pocket gophers were so killed shall provide for the payment of at least an additional bounty of fifty cents
($.50) for each pocket gopher so killed. RESOLVED further that said payment of such County shall be made by the County Auditor upon certificates executed by the Chairman and/or Clerk of the Town Board of said Township setting forth that the township had issued and delivered to each claimant a payment for at least one dollar ($1.00) for each pocket gopher so killed. Adopted at Fergus Falls, MN this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Wayne Johnson, Chair John Dinsmore, Clerk
CALENDAR YEAR 2018 TAX FORFEITED LAND SALE APPORTIONMENT Otter Tail County Resolution No. 2018 - 06
Upon motion offered by Huebsch, seconded by Rogness and unanimously carried, the following resolution
was adopted:
RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota; that
WHEREAS, it is provided in Minn. Stat. 282.05 for the apportionment of proceeds from the sale of tax forfeited lands; and WHEREAS, the County Auditor shall apportion the tax sale proceeds to the taxing district pursuant to Minn. Stat. 282.08; and WHEREAS, Minn. Stat. 282.08 (4) (b) provides that the County Board may set aside 20% of the proceeds remaining after the value of public improvements, special assessments and bond issues levied on the property have been paid, for acquisition and maintenance of county parks and recreational areas; and
WHEREAS, Otter Tail County has a park and recreational area, which would benefit by such an
apportionment.
OTC Board of Commissioners’ Minutes January 2, 2018
Page 8
NOW, THEREFORE, BE IT RESOLVED, that the County Auditor retains 20% of the proceeds from the sale
of tax forfeited lands for acquisition and maintenance of parks and recreational areas from the proceeds to
be disbursed according to law. Adopted at Fergus Falls, MN this 2nd day of January 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest:
Wayne Johnson, Chair John Dinsmore, Clerk
Adjournment
At 12:09 p.m., a motion was offered by Lindquist, seconded by Froemming and unanimously carried to
declare the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday,
January 9, 2018.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk
CB/
OTC Board of Commissioners’ Minutes January 2, 2018
Exhibit A, Page 1
WARRANTS APPROVED ON 12/29/2017
OTC Board of Commissioners’ Minutes January 2, 2018
Exhibit A, Page 2
OTC Board of Commissioners’ Minutes January 2, 2018
Exhibit A, Page 3
csteinba
COMMISSIONER'S VOUCHERS ENTRIES
Paid on Behalf Of Name
Explode Dist. Formulas?:
1/4/18
Otter Tail County Auditor
Audit List for Board Page 1
Print List in Order By:
Save Report Options?:
Type of Audit List:
on Audit List?:
N
Y
D
4
N
D - Detailed Audit List
S - Condensed Audit List
1 - Fund (Page Break by Fund)
2 - Department (Totals by Dept)
3 - Vendor Number
4 - Vendor Name
11:33AM
csteinba
COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
241.00
2,017.37
368.75
41.82
150.00
21,079.00
1,310.56
250.00
241.00
2,017.37
368.75
10.48
8.38
22.96
150.00
21,079.00
93.74
29.99
9.99
1,176.84
250.00
Page 2Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
11409 ABRA MN FERGUS FALLS
01-201-000-0000-6304 AP UNIT 1501 ROOF MOLDING 10190 Repair And Maintenance
1 Transactions11409
14813 ALBANY RECYCLING CENTER
50-000-000-0130-6859 AP MISC RECYCLING 12842 Electronic Disposal
1 Transactions14813
11385 ALLSTREAM
14-214-000-0000-6689 AP ACCT 877418 MONTHLY SERVICE 15083238 Prior Year Accumulations-911
1 Transactions11385
13620 AMERIPRIDE SERVICES INC
50-000-000-0000-6290 AP ACCT 160002035 1601557230 Contracted Services
50-390-000-0000-6290 AP ACCT 160002035 1601557230 Contracted Services.
50-399-000-0000-6290 AP ACCT 160002035 1601557230 Contracted Services.
3 Transactions13620
3013 ASHBY FIRE DEPT AMBULANCE
01-205-000-0000-6273 AP TRANSPORT J WHIPPS 12/8/17 17000219 Coroner Expense
1 Transactions3013
30171 ASSOCIATION OF MN COUNTIES
01-002-000-0000-6241 ACCT 56 2018 ANNUAL DUES 48998 Membership Dues
1 Transactions30171
102 AUTO VALUE FERGUS FALLS
10-304-000-0000-6406 AP SUPPLIES Office Supplies
10-304-000-0000-6572 AP BATTERY Repair And Maintenance Supplies
10-304-000-0000-6572 AP PARTS Repair And Maintenance Supplies
10-304-000-0000-6572 AP SUPPLIES & PARTS Repair And Maintenance Supplies
4 Transactions102
8152 BARNHARD 4-H
50-000-000-0000-6848 AP RICHVILLE CANISTER 2017 201703 Public Education
1 Transactions8152
Otter Tail County Auditor
ABRA MN FERGUS FALLS
ALBANY RECYCLING CENTER
ALLSTREAM
AMERIPRIDE SERVICES INC
ASHBY FIRE DEPT AMBULANCE
ASSOCIATION OF MN COUNTIES
AUTO VALUE FERGUS FALLS
BARNHARD 4-H
csteinba
COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
39.50
235.00
900.00
510.00
144.50
37.06
1,005.28
10.00
10.00
19.50
85.00
150.00
450.00
450.00
510.00
122.00
22.50
37.06
362.39
280.50
362.39
14.00
Page 3Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
1755 BEN HOLZER UNLIMITED
50-000-000-0110-6290 COOLER RENT 65446 Contracted Services.
50-000-000-0130-6290 COOLER RENT 65521 Contracted Services.
50-000-000-0130-6290 AP DRINKING WATER 65660 Contracted Services.
3 Transactions1755
31803 BEYER BODY SHOP INC
01-201-000-0000-6396 AP TOW CF 17040109 12/7/17 13345 Special Investigation
01-201-000-0000-6304 AP TOW UNIT 1605 12/21/17 27823 Repair And Maintenance
2 Transactions31803
8960 BOND TRUST SERVICES CORPORATION
35-006-000-0000-6750 BOND 2016A AGENT FEE 39714 Interest And Fiscal Fees
35-250-000-0000-6750 BOND 2017A AGENT FEE 39715 Interest And Fiscal Fees
2 Transactions8960
1425 BUREAU OF CRIM APPREHENSION
01-201-000-0000-6226 DTG ACCT 14081 CJDN ACCESS FEE 453824 Teletype State Charges
1 Transactions1425
1227 CARR'S TREE SERVICE
10-302-000-0000-6500 AP SUPPLIES Supplies
10-304-000-0000-6572 AP SUPPLIES Repair And Maintenance Supplies
2 Transactions1227
8930 CERTIFIED AUTO REPAIR
10-304-000-0000-6306 AP SERVICE Repair/Maint. Equip
1 Transactions8930
9087 CODE 4 SERVICES LLC
01-201-000-0000-6304 AP UNIT 1601 ODYSSEY BATTERY 3778 Repair And Maintenance
01-201-000-0000-6315 AP UNIT 7701 REMOVED EQUIPMENT 3782 Radio Repair Charges
01-201-000-0000-6304 AP UNIT 1602 ODYSSEY BATTERY 3783 Repair And Maintenance
3 Transactions9087
32603 COOPERS TECHNOLOGY GROUP
01-031-000-0000-6406 AP ACCT 2189988076 NOTE PADS 424051 Office Supplies
Otter Tail County Auditor
BEN HOLZER UNLIMITED
BEYER BODY SHOP INC
BOND TRUST SERVICES CORPORATION
BUREAU OF CRIM APPREHENSION
CARR'S TREE SERVICE
CERTIFIED AUTO REPAIR
CODE 4 SERVICES LLC
csteinba
COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
94.58
8.75
2,227.68
2,094.00
22.85
184.25
184.98
127.49
66.36
14.22
8.75
244.80
261.12
310.08
163.20
293.76
954.72
2,094.00
22.85
184.25
184.98
127.49
Page 4Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
01-201-000-0000-6406 AP ACCT 2189988555 SUPPLIES 424012 Office Supplies
01-601-000-0000-6406 AP ACCT 2189988760 PAPER 423545 Office Supplies
3 Transactions32603
2364 CULLIGAN OF WADENA
50-000-000-0120-6290 ACCT 267-03388972-1 12/31/17 Contracted Services.
1 Transactions2364
35011 DAILY JOURNAL/THE
01-002-000-0000-6240 AP ACCT 3648 PRINTING BIDS DEC2017 Publishing & Advertising
01-002-000-0000-6240 AP ACCT 3648 2018 SUMMARY BUDGET DEC2017 Publishing & Advertising
01-002-000-0000-6240 AP ACCT 3652 NOV 7 MINUTES DEC2017 Publishing & Advertising
01-002-000-0000-6240 AP ACCT 3652 NOV 14 MINUTES DEC2017 Publishing & Advertising
01-002-000-0000-6240 AP ACCT 3652 DEC 12 MINUTES DEC2017 Publishing & Advertising
22-622-000-0655-6369 AP ACCT 3648 DITCH #55 MTG DEC2017 Miscellaneous Charges
6 Transactions35011
13054 DATASPEC INC
01-121-000-0000-6342 INITIAL SETUP COUNTY SOLUTION 5601 Service Agreements
1 Transactions13054
3518 DEXYP
50-000-000-0000-6240 AP ACCT 110245589 610035522686 Publishing & Advertising
1 Transactions3518
33013 DICK'S STANDARD
10-304-000-0000-6565 AP D.E.F. FLUID Fuels - Diesel
1 Transactions33013
2647 ELLENSON/MARK
10-304-000-0000-6526 AP SHOES Uniforms
1 Transactions2647
14379 FIELD/CRISTI
10-304-000-0000-6526 AP SHOES Uniforms
1 Transactions14379
Otter Tail County Auditor
COOPERS TECHNOLOGY GROUP
CULLIGAN OF WADENA
DAILY JOURNAL/THE
DATASPEC INC
DEXYP
DICK'S STANDARD
ELLENSON/MARK
FIELD/CRISTI
csteinba
COMMISSIONER'S VOUCHERS ENTRIESGeneral Fund Dedicated Accounts
Account/Formula
FOTH INFRASTRUCTURES &
ENVIROMENTAL LLC
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
1,933.27
615.86
7,957.90
80.00
250.00
336.50
303.71
301.21
1,933.27
615.86
3,392.10
4,565.80
80.00
250.00
336.50
162.94
54.31
86.46
301.21
130.38
Page 5Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
14090 FINLEY ENGINEERING COMPANY, INC
02-705-000-0000-6369 AP PROJECT07-17602 NETWORK DESIGN 2 Miscellaneous Charges
1 Transactions14090
959 FORTWENGLER ELECTRIC INC
10-302-000-0000-6306 AP REPAIR Repair/Maint. Equip
1 Transactions959
387
50-000-000-0120-6278 AP PROJECT 0017O003.00 55187 Engineering & Hydrological Testing
50-000-000-0130-6863 AP PROJECT 0017O004.00 55188 Leachate Disposal
2 Transactions387
392 GALLS LLC
01-201-000-0000-6526 AP ACCT 5290418 PANTS 008919778 Uniforms
1 Transactions392
9771 GIRL SCOUT TROOP 30657
50-000-000-0000-6848 AP SUNMART CANISTER 2017 201705 Public Education
1 Transactions9771
52564 GRAINGER INC
50-399-000-0000-6453 AP ACCT 832582571 SUPPLIES 9644872880 Ppe & Safety Equip.&Supplies
1 Transactions52564
13522 GREATAMERICA FINANCIAL SVCS
01-041-000-0000-6342 AGREE 025-1114829-000 21850906 Service Agreements
01-042-000-0000-6342 AGREE 025-1114829-000 21850906 Service Agreements
01-043-000-0000-6342 AGREE 025-1114829-000 21850906 Service Agreements
3 Transactions13522
38100 INNOVATIVE OFFICE SOLUTIONS
50-000-000-0000-6406 AP ACCT 565373 SUPPLIES 036655 Office Supplies
1 Transactions38100
11098 JAKE'S JOHNS LLC
50-000-000-0110-6290 TOILET RENTAL 6038 Contracted Services.
FOTH INFRASTRUCTURES &
ENVIROMENTAL LLC
Otter Tail County Auditor
FINLEY ENGINEERING COMPANY, INC
FORTWENGLER ELECTRIC INC
GALLS LLC
GIRL SCOUT TROOP 30657
GRAINGER INC
GREATAMERICA FINANCIAL SVCS
INNOVATIVE OFFICE SOLUTIONS
csteinba
COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
298.02
129.99
421.52
350.00
24.99
221.57
3,360.00
167.64
129.99
421.52
350.00
24.99
221.57
465.00
500.00
465.00
465.00
500.00
465.00
500.00
90.95
Page 6Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
50-000-000-0130-6290 TOILET RENTAL/CLEANING 6038 Contracted Services.
2 Transactions11098
2945 JOHNSON/DEAN
50-399-000-0000-6426 AP STEEL TOE BOOTS 12/15/17 Clothing Allowance
1 Transactions2945
1002 KIMBALL MIDWEST
10-304-000-0000-6572 AP PARTS Repair And Maintenance Supplies
1 Transactions1002
41450 LAKES COUNTRY SERVICE CO OP
01-002-000-0000-6241 2018 MEMBERSHIP AGREEMENT 1/9/18 Membership Dues
1 Transactions41450
14614 LANDS' END BUSINESS OUTFITTERS
01-201-000-0000-6526 AP ACCT 3233808 SWEATER 5629074 Uniforms
NELSON/SUSAN1916
1 Transactions14614
9259 LAPOS/ELIZABETH
01-250-000-0000-6432 AP MEDS FOR INMATE KROG 12/31/17 Medical Incarcerated
1 Transactions9259
81 LARRY OTT INC TRUCK SERVICE
50-399-000-0000-6291 AP CARDBOARD 12/14/17 72063 Contract Transportation
50-399-000-0000-6291 AP PAPER 12/14/17 72070 Contract Transportation
50-399-000-0000-6291 AP CARDBOARD 12/18/17 72072 Contract Transportation
50-399-000-0000-6291 AP CARDBOARD 12/19/17 72074 Contract Transportation
50-399-000-0000-6291 AP TIN 12/20/17 72081 Contract Transportation
50-399-000-0000-6291 AP CARDBOARD 72082 Contract Transportation
50-399-000-0000-6291 AP PAPER 12/27/17 72091 Contract Transportation
7 Transactions81
41525 LARUM/PAT
01-061-000-0000-6330 AP MILEAGE - NOV-DEC 2017 1/9/18 Mileage
Otter Tail County Auditor
JAKE'S JOHNS LLC
JOHNSON/DEAN
KIMBALL MIDWEST
LAKES COUNTRY SERVICE CO OP
LANDS' END BUSINESS OUTFITTERS
LAPOS/ELIZABETH
LARRY OTT INC TRUCK SERVICE
csteinba
COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
90.95
188.00
4.19
93.94
694.00
2,130.00
200.24
16.44
62.00
126.00
4.19
54.95
38.99
694.00
710.00
710.00
710.00
200.24
16.44
294.31
Page 7Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
1 Transactions41525
198 LEIGHTON BROADCASTING/FF
50-000-000-0000-6240 AP LIVE AFT PRGRM - RECYCLING 95657-9 Publishing & Advertising
50-000-000-0000-6240 AP MORNING AD - RECYCLING 95659-9 Publishing & Advertising
2 Transactions198
3063 LIBERTY BUSINESS SYSTEMS FARGO
13-012-000-0000-6290 AP ACCT OT27 314581 Contracted Services.
1 Transactions3063
41638 LOCATORS & SUPPLIES INC
50-390-000-0000-6426 AP ACCT 23-52A28 JACKET 0262490-IN Clothing Allowance
50-399-000-0000-6426 AP ACCT 23-52A28 SWEATSHIRT 0262490-IN Clothing Allowance
2 Transactions41638
538 MACA
01-031-000-0000-6241 LEVEL 2 3090 COUNTY INDIVIDUAL 1/9/18 Membership Dues
1 Transactions538
2540 MACO
01-041-000-0000-6241 2018 DUES 1/9/18 Membership Dues
01-043-000-0000-6241 2018 DUES 1/9/18 Membership Dues
01-101-000-0000-6241 2018 DUES 1/9/18 Membership Dues
3 Transactions2540
36132 MARCO INC ST LOUIS
01-101-000-0000-6342 ACCT 35700038 CN 500-0438518 347066409 Service Agreements
1 Transactions36132
9930 MARKS FLEET SUPPLY INC
50-000-000-0130-6300 AP ACCT 984898 ICE BITE SALT 066524/1 Building And Grounds Maintenance
1 Transactions9930
88 MATTHEW BENDER & COMPANY INC
13-012-000-0000-6455 AP ACCT 0396506001 99002205 Reference Books & Literature
Otter Tail County Auditor
LARUM/PAT
LEIGHTON BROADCASTING/FF
LIBERTY BUSINESS SYSTEMS FARGO
LOCATORS & SUPPLIES INC
MACA
MACO
MARCO INC ST LOUIS
MARKS FLEET SUPPLY INC
csteinba
COMMISSIONER'S VOUCHERS ENTRIESLaw Library Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
294.31
40.00
777.70
35.40
15.56
189.44
159.49
1,415.71
1,366.72
40.00
777.70
35.40
8.87
6.69
189.44
159.49
1,415.71
1,366.72
759.63
Page 8Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
1 Transactions88
75 MCCOLLOUGH WELDING
10-304-000-0000-6572 AP PARTS Repair And Maintenance Supplies
1 Transactions75
10843 MID MN HEATING & AC INC
10-304-000-0000-6300 AP SERVICE Building And Grounds Maintenance
1 Transactions10843
42863 MINNESOTA MOTOR COMPANY
01-201-000-0000-6304 AP ACCT 2900 OIL CHANGE 673517 Repair And Maintenance
1 Transactions42863
8373 NAPA FERGUS FALLS
50-399-000-0000-6304 AP ACCT 13050 LAMP 701725 Repair And Maint-Vehicles
50-399-000-0000-6565 AP ACCT 13050 ANTIFREEZE 702390 Fuels
2 Transactions8373
1877 NATIONAL PEN CO LLC
01-121-000-0000-6406 AP ACCT 17652240 PENS 109738736 Office Supplies
1 Transactions1877
43227 NELSON AUTO CENTER
01-127-000-0000-6304 AP ACCT OTTE008 OIL CHG/ALIGN 6179701 Repair & Maintenance
1 Transactions43227
14587 OHREN ELECTRIC, INC
01-507-000-0000-6545 AP LIGHTING UPGRADE @ PHELPS MILL 972 Contracted Services
1 Transactions14587
10890 OTTER ELECTRIC LLC
10-302-000-0000-6350 AP SERVICE Maintenance Contractor
1 Transactions10890
115 OTTER TAIL CO PUBLIC HEALTH
01-149-000-0000-6369 DTF TOBACCO COMPLIANCE CHECKS 12/29/17 Miscellaneous Charges
Otter Tail County Auditor
MATTHEW BENDER & COMPANY INC
MCCOLLOUGH WELDING
MID MN HEATING & AC INC
MINNESOTA MOTOR COMPANY
NAPA FERGUS FALLS
NATIONAL PEN CO LLC
NELSON AUTO CENTER
OHREN ELECTRIC, INC
OTTER ELECTRIC LLC
csteinba
COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
759.63
153,907.54
266.72
17,146.00
150.50
250.00
900.00
153,907.54
216.72
50.00
1,188.00
5,985.00
792.00
6,381.00
1,400.00
1,400.00
150.50
250.00
20.00
880.00
92.14
77.14
Page 9Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
1 Transactions115
6711 OTTER TAIL VALLEY RAILROAD
10-303-000-0000-6651 AP SERVICE Construction Contracts
1 Transactions6711
1080 OTTERTAIL AGGREGATE
50-399-000-0000-6290 AP CRUSHED CONCRETE NEAR BINS 91902 Contracted Services.
50-399-000-0000-6290 AP FILLED HOLES 92218 Contracted Services.
2 Transactions1080
7392 OTTERTAIL TRUCKING INC
50-000-000-0120-6291 AP HAULING CHARGES 12/11/17 35758 Contract Transportation
50-000-000-0170-6291 AP HAULING CHARGES 12/11/17 35758 Contract Transportation
50-000-000-0120-6291 AP HAULING CHARGES 12/18/17 35787 Contract Transportation
50-000-000-0170-6291 AP HAULING CHARGES 12/18/17 35787 Contract Transportation
50-399-000-0000-6291 AP HAULING CHARGES 12/13/17 35758 Contract Transportation
50-399-000-0000-6291 AP HAULING CHARGES 12/20/17 35787 Contract Transportation
6 Transactions7392
1340 PETE'S BODY SHOP & TOWING
01-201-000-0000-6396 AP TOW CF 17040313 12/9/17 Special Investigation
1 Transactions1340
11107 PRAIRIE LAKES MUNICIPAL SOLID WASTE
50-000-000-0160-6861 DTG HHW PHARMACEUTICALS 63436 Perham Processing Incinerator
1 Transactions11107
12526 PRECISE MRM LLC
01-149-000-0000-6369 AP BALANCE OF INV IN200-1014663 1014663 Miscellaneous Charges
01-149-000-0000-6369 AP ACCT 679827 5MB DATA PLAN 1015376 Miscellaneous Charges
2 Transactions12526
45475 PRO AG FARMERS CO OP
50-000-000-0120-6565 AP ACCT 988529 FUEL 88030600 Fuels
50-000-000-0120-6565 AP ACCT 988529 FUEL 88030953 Fuels
Otter Tail County Auditor
OTTER TAIL CO PUBLIC HEALTH
OTTER TAIL VALLEY RAILROAD
OTTERTAIL AGGREGATE
OTTERTAIL TRUCKING INC
PETE'S BODY SHOP & TOWING
PRAIRIE LAKES MUNICIPAL SOLID WASTE
PRECISE MRM LLC
csteinba
COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
169.28
1,003.08
75.00
55.28
107.97
130.95
117.23
693.34
13,916.79
1,003.08
75.00
28.46
26.82
107.97
130.95
117.23
93.90
599.44
13,916.79
Page 10Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
2 Transactions45475
683 ROYAL TIRE INC
50-399-000-0000-6306 AP ACCT 306280 REPAIRS 31962315 Repair/Maint. Equip
1 Transactions683
10899 S.W.INC
50-000-000-0130-6859 AP REFRIGERATOR DISPOSAL 2328 Electronic Disposal
1 Transactions10899
19005 SERVICE FOOD SUPER VALU
01-002-000-0000-6369 K3210 2JAN18 Miscellaneous Charges
02-815-000-0000-6369 K3295 2JAN18 Miscellaneous Charges
2 Transactions19005
168 STREICHERS
01-201-000-0000-6526 AP ACCT 974 BROWN SHIRTS I1293507 Uniforms
ANDERSON/JORDAN10998
1 Transactions168
42537 THIS WEEKS SHOPPING NEWS
50-000-000-0000-6240 AP ACCT 1980 HHW AD 46298 Publishing & Advertising
1 Transactions42537
1999 TNT REPAIR INC
10-304-000-0000-6572 AP PARTS Repair And Maintenance Supplies
1 Transactions1999
50064 UGSTAD PLUMBING INC
50-399-000-0000-6300 AP ACCT 103203 BLEW OUT SINK LINE 60227 Building And Grounds Maintenance
50-399-000-0000-6300 AP ACCT 103203 BOARD FOR HEATER 60252 Building And Grounds Maintenance
2 Transactions50064
7857 VEOLIA ENVIRONMENTAL SERVICES
50-390-000-0000-6863 AP ACCT 444586 PAINT DISPOSAL 730038183 Disposal Costs
1 Transactions7857
Otter Tail County Auditor
PRO AG FARMERS CO OP
ROYAL TIRE INC
S.W.INC
SERVICE FOOD SUPER VALU
STREICHERS
THIS WEEKS SHOPPING NEWS
TNT REPAIR INC
UGSTAD PLUMBING INC
VEOLIA ENVIRONMENTAL SERVICES
csteinba
COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund
Account/Formula
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18
20,412.28
26.17
250.00
115.44
95.34
268,119.59
2,251.16
18,161.12
16.17
10.00
250.00
115.44
95.34
Page 11Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName
Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates
2278 WASTE MANAGEMENT
50-000-000-0120-6852 AP ACCT 3-85099-73002 0001013-0010-1 Msw By Passed Expense
50-000-000-0170-6852 AP ACCT 3-85099-73002 0001013-0010-1 Msw By Passed Expense
2 Transactions2278
2080 WEST/RICHARD K
10-301-000-0000-6331 AP MEALS Meals And Lodging
10-304-000-0000-6306 AP SERVICE Repair/Maint. Equip
2 Transactions2080
10285 WHITE PINE ACADEMY
50-000-000-0000-6848 AP DEER CREEK CANISTER 2017 201704 Public Education
1 Transactions10285
5088 XEROX CORPORATION
01-101-000-0000-6342 AP ACC 702449554 NOV 2017 091596182 Service Agreements
1 Transactions5088
2086 ZIEGLER INC
50-000-000-0170-6306 AP ACCT 6842300 REPLACE BATTERY SW020101702 Repair/Maint. Equip
1 Transactions2086
Final Total ............76 Vendors 122 Transactions
Otter Tail County Auditor
WASTE MANAGEMENT
WEST/RICHARD K
WHITE PINE ACADEMY
XEROX CORPORATION
ZIEGLER INC
csteinba
COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund
Copyright 2010-2017 Integrated Financial Systems
11:33AM1/4/18 Page 12Audit List for Board
Otter Tail County Auditor
AMOUNT
General Fund Dedicated Accounts
34,639.32 1
1,960.09 2
159,261.58 10
298.50 13
368.75 14
954.72 22
900.00 35
69,736.63 50
268,119.59
NameFundRecap by Fund
General Revenue Fund
Road And Bridge Fund
Law Library Fund
Capital Improvement Fund
County Ditch Fund
Debt Service Fund
Solid Waste Fund
All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Otter Tail County Contract Outline
Presented to Human Service Board
January 9, 2018
Agency Program Effective
Date
Targeted Population Amount
of Contract
Funding Source
Contract Renewals
REM Central Lakes, Inc. Semi-Independent Living Skills 01-01-18 Through
12-31-18
Persons with Mental Retardation or related
conditions
Unit Cost = 35.64 per hour County of Financial Responsibility
Blue Sky Inc Semi-Independent Living Skills 01-01-18 Through
12-31-18
Persons with Mental
Retardation or related conditions
Unit Cost = $36.07 per hour
County of Financial
Responsibility
West Central
Community Services
Semi – Independent Living Skills
01-01-18 Through 12-31-18
Persons with Mental Retardation or related conditions
Unit Cost = $30.95 per hour
County of Financial Responsibility
Thomas Allen, Inc
Case Management Services 01-01-18 Through
12-31-19
CADI & BI Waiver Per Rate Schedule AC/EW/CADI or TBI Waivered Funds
LMHC
Adult & Children MH Programs 01-01-18 Through
12-31-18
Adult & Children The total amount to be paid for such purchased services shall not
exceed the OTC approved Rate
County of Responsibility & and MA Funds
Mahube-Otwa CAC
Father’s Resource Program 01-01-18 Through
12-31-18
Fathers and Children who are served by
8-County Consortium.
Not to exceed $140,000 8-County Consortium of Social Service Agencies will provide
funding totaling $23,025.
Lutheran Social Services
Guardianship Services 01-01-18 Through
12-31-18
Elderly/Disabled The cost of the Guardianship Services for the period of January
1, 201 – December 31, 201 will be $95,500.
Otter Tail County MSA (Minnesota Supplemental
Assistance) within the MSA guidelines
Amendment to Contracts
Trans Em Supported Employment 01-01-18 Through
12-31-18
Individuals with serious and persistent mental
illness
Maximum of $115,748 . Adult Mental Health Initiative Funds
A Place for
Hope
Social Club 01-01-18 Through
12-31-18
CSP – Adults with Serious and Persistent
Mental Illness.
This Contract provides for a maximum payment of $66,086
BCOW Initiative Funds
A Place to Belong
Social Club 01-01-18 Through 12-31-18
CSP – Adults with Serious and Persistent Mental Illness.
This Contract provides for a maximum payment of $144,098
BCOW Initiative Funds
A Place for
Friends
Social Club 01-01-18
Through 12-31-18
CSP – Adults with
Serious and Persistent Mental Illness.
This Contract provides for a
maximum payment of $ 24,831
BCOW Initiative Funds
Moorhead Public Housing
BCOW Bridges Program & BCOW Permanent Supported Housing Program
01-01-18 Through 12-31-18
Adult Mental Health
Bridges Program: $116,041, out of this total a max of $65.00 per client per month will be available
for monthly administrative expenses.
Permanent Supported Housing Program: $100,497, out of this total a max of $65.00 per client
per month will be available for monthly administrative expenses.
BCOW Initiative Funds
St Williams
Living Center
Community Support Program
Services
01-01-18
To 12-31-18
Individuals with serious
and persistent mental illness
Maximum of $8,798.For CY 2018
Additional funding in the amount of
$9,000 is available through the Adult Mental Health Initiative. These funds are available to
enhance and expand the current CSP program.
Productive
Alternatives, Inc.
Residential Crisis Services 01-01-18
Through 12-31-18
Individuals with serious
and persistent mental illness
Maximum of $134,723 plus
$6,550 for transportation services per year
Adult Mental Health Initiative Funds
OTTER TAIL COUNTY
SOLID WASTE DEPARTMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
SOLID WASTE FACILITY 1115 NORTH TOWER ROAD 218-998-4898
FERGUS FALLS, MN 56537 FAX: 218-998-4899
Revised 06/22/2017 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
Solid Waste Haulers
AAA Roll-Off LLC Alex Rubbish & Recycling Inc. Ballard Sanitation
45755 Co. Hwy. 9 3601 36th Ave. W., PO Box 746 PO Box 368 Sebeka, MN 56477 Alexandria, MN 56308 Pelican Rapids, MN 56572
Shane Schmidt Maxine Ballard 218-564-4743 320-763-4712 218-863-1386
Big Red Boxes City Dray Sanitation City of Fergus Falls 18613 Co. Hwy. 10 16407 US Hwy. 71 112 West Washington Elizabeth, MN 56533 Wadena, MN 56482 Fergus Falls, MN 56537
Bob Stockinger Barb Herr Len Taylor/Bill Sonmor 218-770-6766 218-631-3101 218-332-5418
Denzel’s Region Waste Fuch Sanitation G & T Sanitation 27766 Joten Lake Road PO Box 67 12196 260th St. Dalton, MN 56324 Glyndon, MN 56547 Sebeka, MN 56477
Randy Denzel Kent Fuchs Gary Burgau 218-589-8880 218-498-2875 218-837-5846
Lake Area Sanitation Minn-Kota Enviroservices Ottertail Trucking PO Box 385 PO Box 1864 PO Box 402
Battle Lake, MN 56515 Fargo, ND 58107 Fergus Falls, MN 56537 Brady Braun Cory Wigdahl Mike Clark 218-864-5352 701-293-8428 218-739-3393 Roll-Off Red LLC Steve’s Sanitation Toutges Sanitation 213 Willow Ave. West 140 6th Ave. NE 49601 Brandborg Creek Rd.
Frazee, MN 56544 Perham, MN 56573 Henning, MN 56551 Joshua Merten Kelly Melgard Steven Meyer 218-850-4892 218-346-4834 218-583-2949
Waste Management Inc. Waste Management Inc. West Central Roll-Off 420 Geneva Road 1016 11th Ave. South 14047 Co. Hwy. 81
Alexandria, MN 56308 Wahpeton, MN 58075 Battle Lake, MN 56515 Brenda Dinger Brenda Dinger Cory VanSanten 320-762-9608 218-205-0747
1-800-654-4306 1-800-654-4306 Wilke Enterprises
PO Box 479 Detroit Lakes, MN 56501 Travis Wilke 218-850-9944
Page | 1
Consent Agenda Items
Tuesday, January 9th, 2018
Approve the issuance of a 2018 Tobacco License to Alexander Habraken dba The Corner Store
on Otter Tail Lake.
OTTER TAIL COUNTY
BOARD OF COMMISSIONERS
www.co.ottertail.mn.us
GOVERNMENT SERVICES CENTER 515 WEST FIR AVENUE 218-998-8065 FERGUS FALLS, MN 56537 FAX: 218-998-8075
Douglas A. Huebsch Wayne D. Johnson John D. Lindquist Roger Froemming Leland R. Rogness First District Second District Third District Fourth District Fifth District
OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
December 29, 2017
Pete Waller, Board Conservationist
Minnesota Board of Water and Soil Resources 1732 North Tower Road
Detroit Lakes, MN 56501 Dear Pete:
On behalf of the Otter Tail County Commissioners, we are writing regarding the Memorandum of Agreements (MOA’s) for the establishment of the One Watershed One Plans.
Please know that Otter Tail County is very willing and interested in collaborating with fellow county, conservation and
watershed district partners to develop a comprehensive watershed management plan. Our County Board, however, has expressed concern about the organizational structure and time commitment of the MOA’s since our county, by virtue
of our size and geography, will potentially be involved in eight (8) One Watershed One Plan (1W1P) MOA’s.
We are grateful that the Minnesota Board of Water and Soil Resources has been playing a leadership role in guiding the development of the MOA documents. To date, the MOA drafts we have reviewed do allow Policy Committee
members to be either elected or appointed and that we may appoint one or more technical representatives to serve on the Advisory Committees. Nevertheless, it will be challenging for Otter Tail County to be fully and adequately
represented on 16 committee structures to “prepare, adopt, and assure implementation of a comprehensive watershed management plan” for eight watershed districts. Since we anticipate that each plan will take 24 months to develop and
implement, coordinating the time and expertise needed to develop high-quality plans will be challenging if not difficult.
The Otter Tail County Board of Commissioners will be discussing this matter in more detail at 9:35 a.m. on Tuesday,
January 9, 2018. Our Board convenes at the Government Services Center Building located at 500 West Fir Avenue, Fergus Falls, Minnesota. We would be greatly appreciative if you could join us for this meeting.
Sincerely,
John W. Dinsmore Bill Kalar Rick West
County Administrator Land & Resource Management Director Public Works Division Director
cc: Otter Tail County Board of Commissioners Board of Water and Soil Resources
Otter Tail County Soil and Water Conservation Districts Grant County Soil and Water Conservation District
One Watershed, One Plan
Plan Content Requirements
I
March 23, 2016
CLEAN
WATER
LAND &
LEGACY
AML-NOMf NT
Purpose: This document outlines plan content requirements for developing comprehensive watershed
management plans, as per Minnesota Statutes §1036.801, through the One Watershed, One Plan Program.
Introduction
This document contains specific content requirements for drafting a comprehensive watershed management plan
through the One Watershed, One Plan program. Full operating procedures for developing the plan - including initiating
the planning process through review, approval, and adoption - are contained in the One Watershed, One Plan Operating
Procedures document.
The following Guiding Principles provided sideboards and direction in the plan content requirements outlined in this
document:
n One Watershed, One Plan will result in plans with prioritized, targeted, and measurable implementation actions
that meet or exceed current water plan content standards.
• One Watershed, One Plan will strive for a systematic, watershed-wide, science-based approach to watershed
management, driven by the participating local governments.
n Plans developed within One Watershed, One Plan should embrace the concept of multiple benefits in the
development and prioritization of implementation strategies and actions.
• One Watershed, One Plan planning and implementation efforts will recognize local commitment and
contribution.
n One Watershed, One Plan is not intended to be a one-size-fits-all model.
The requirements in this document are also supported by the vision of the Local Government Water Roundtable that
future watershed-based plans will have sufficient detail that local government units can, with certainty, indicate a
pollutant of concern in a water body, identify the source(s) of the pollutant, and provide detailed projects that address
that particular source. This vision also includes a future of limited wholesale updates to watershed-based plans; with a
streamlined process to Incorporate collected data, trend analysis, changes in land use, and prioritization of resource
concerns into the watershed-based plan; and an emphasis on watershed management and implementation through
shorter-term work plans and budgeting. This vision includes acknowledging and building off of existing plans and data
(including local and state plans and data), as well as existing local government services and capacity.
Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us
One Watershed
One Plan r., ^ . n • . r.Plan Content Requirements • Page 2
Table of Contents
Introduction 1
I. Overview 3
II. Plan Content Requirements 5
1. Executive Summary 5
2. Identification and Prioritization of Resources and Issues 5
3. Establishment of Measurable Goals 7
4. Targeted Implementation Schedule 8
5. Implementation Programs 9
6. Plan Appendix - Land and Water Resources Inventory 13
NOTE: Operating Procedures for establishing planning boundaries, requirements for participation and formal
agreement between local governments within the boundary, and procedures for plan development are provided in a
separate document.
Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us
One WatershedOne Plan plan content Requirements • Page 3
I. Overview
The organization of this document includes background information and guidance about the requirements with the
specific plan content requirements contained in a shaded box. The primary planning terms used are: priority issues,
goals, and actions. These terms are defined within the sections they are used.
Plan development procedures and steps such as: initiating a plan, establishing a planning boundary, requirements for
participation and formal agreements between local governments within the boundary, and procedures for formal
review and approval can be found in the One Watershed, One Plan Program Operating Procedures document. Overall
organization and format of the plan is a local decision unless otherwise specified In these requirements.
Planning partners are strongly encouraged to consider the potential for more extreme weather events and their
Implications for the water and land resources of the watershed in the analysis and prioritization of issues. While these
events cannot be predicted with certainty as to time and occurrence, the meteorological record shows increased
frequency and severity of extreme weather events, which has a direct effect on Issues in local water planning.
Minnesota Statutes, Section 103B.801, subdivision 4 indicates that comprehensive local water plans should consider and
discuss several issues as part of the watershed planning process. These issue areas include:
n Surface water and ground water quality protection, restoration, and improvement, including prevention of
erosion and soil transport into surface waters.
n Restoration, protection, and improvement of surface water and groundwater storage and retention systems.
n Promotion of groundwater recharge.
n Flood damage reduction, especially to minimize future public expenditures needed to correct flooding problems.
n Wetland enhancement, restoration, and establishment.
n Shoreland and riparian zone management and buffers.
n Protection and enhancement of fish and wildlife habitat and water recreational facilities.
However, the local water planning process Is not limited to these issues. Broad issues areas likely to be identified and
discussed through the watershed planning process include:
n Soil health n Drought mitigation
n Altered hydrology n Education, outreach and civic engagement
n Maintenance of core services; understanding of n Contaminants of emerging concern
local capacity n Emerging issues (e.g. land cover, climate
• Water supply (protect, provide and conserve) change, etc.)
n Drinking water supply n Invasive species prevention and/or
n Drainage system management management
n Wastewater management
The list above is not all-inclusive. Any land and water related issue could be part of the plan. Further, issues may also
include addressing administrative priorities (e.g., establishment of uniform local policies and controls in the watershed)
or fiscal challenges (e.g., minimizing public capital expenditures in resolving problems in areas such as flood control or
water quality protection).
Although not required, recommended steps in the planning process include developing an overarching mission or vision
statement for the watershed, as well as higher-level guiding principles or purposes. The purpose of establishing a vision,
mission, and/or guiding principles is to provide a sense of direction for the plan and participants in the planning process.
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One Plan n. r * ^Plan Content Requirements • Page 4
An underlying theme within these requirements is the intent for watershed-based plans developed through One
Watershed, One Plan to be succinct, with a thorough and science-based process used in development, and an emphasis
in the resulting plan on the implementation schedule and implementation programs. For example, the information
found in a Land and Water Resources Inventory is extremely valuable to the planning process and ultimate
implementation of the actions in the plan; however, the majority of this information can be incorporated into the final
plan document by reference.
Finally, through the development of the One Watershed, One Plan program, BWSR partnered with the University of
Minnesota to assess tools and models available to assist in plan development. Models and tools were assessed based
on: the complexity of the tool, scale at which the tool is best used, ability of scenarios to be evaluated with the tool,
ability for the tool to evaluate multiple constituents, and whether the tool has historical use or support in Minnesota.
The resulting recommendations will be available on the BWSR website, and assistance with selecting and using models
and tools for plan development may be available. More than one tool or model may be used in a planning effort and
different tools may be used in subsequent Implementation. However, the tools utilized in developing a capital
improvements program must be able to demonstrate prioritized, targeted and measurable outcomes
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One WatershedOne Plan Plan Content Requirements • Page 5
M. Plan Content Requirements
Each watershed-based plan will contain the elements outlined in the following sections.
1. Executive Summary
Each plan will have a section entitled Executive Summary. The purpose of the executive summary is to provide a
condensed and concise plain language summary of the contents of the overall plan. A well-written executive summary Is
beneficial for current and future elected officials, staff, citizens, and stakeholders to achieve an understanding of the
plan and its intent.
Plan Content Requirement: Executive Summary
Each plan will have a section entitled Executive Summary. The purpose of the executive summary is to provide a brief
look at the contents of the plan. The summary will include:
A. Purpose, mission, or vision statement if developed;
B. A general map or description of the planning boundary and smaller planning or management units if used;
C. A summary of the priority Issues and goals that are addressed in the plan;
0. A summary of the implementation actions and programs;
E. A brief description of the process used to identify the measurable goals and targeted implementation
actions; and
F. An outline of the responsibilities of participating local governments.
In addition to the Executive Summary, the plan may need a table of acronyms and a definitions section; however, these
are not required and may be included in the appendices.
2. Identification and Prioritization of Resources and Issues
This section of the plan is intended to summarize the process that the planning partners used to reach agreement on the
watershed resource issues that will be addressed within the lifespan of the plan. Prioritizing is needed because not all
identified issues can be addressed in the timeframe of a ten year plan—some will be addressed before others.
The process for considering and prioritizing issues generally has two parts: agreement on priority natural resources,
sometimes called geographic targeting, and agreement on priority issues impacting those resources. Examples of
priority resources include high quality recreational lakes, the main stem of the primary river in the watershed, or a
specific groundwater aquifer that is the primary drinking water source in the watershed. Identifying priority issues goes
a step further by describing the Issue(s) that impact or threaten the priority resources of the watershed, such as: "high
quality recreational lakes showing a downward trend in water quality" or "sedimentation in the main stem of the
priority river."
In general, the process for identifying the priority resources and issues will follow four steps:
1. Aggregate priority resources and issues from: existing local plans, studies, and reports; modeling, data
collection, and assessment completed through the WRAPS and/or TMDLs; state plans or studies; feedback
received from the initial notifications to the plan review authorities and stakeholders; and comments submitted
by citizens at the initial planning meeting(s) held in the watershed (see One Watershed, One Plan Operating
Procedures).
2. Apply local knowledge and information and consider the following factors to describe potential priority issues:
• Science and data generated through modeling, data collection, and assessment such as WRAPS, TMDLs,
or equivalent;
Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us
One Watershed
One Plan m ^ . .n . « ^Plan Content Requirements • Page 6
Anticipated future impacts or land use changes that may provide an opportunity or escalate a risk if
nothing occurs;
Understanding of trends and/or tipping points for individual w/ater resources;
Understanding of precipitation frequency as per National Oceanic and Atmospheric Administration
(NCAA) Atlas 14;
Understanding of citizen and local landowner willingness to participate in potential changes to
watershed management-
Local values which may recognize specific water or landscape resources as a priority.
3. Consider the high-level state priorities identified in the state's Nonpoint Priority Funding Plan for Clean Water
Implementation Funding. These are the priorities identified by state agencies for investing Clean Water Fund
nonpoint implementation money:
• Restore those impaired waters that are closest to meeting state water quality standards.
• Protect those high-quality unimpaired waters at greatest risk of becoming impaired.
• Restore and protect water resources for public use and public health, including drinking water.
4. Select priority resources and issues to be addressed in the plan, based on analysis of the sources and factors
Identified in Steps 1-3.
Plan Content Reoulrement: Identification and Prioritlzatton of Resources and Issues
The plan must contain:
1. A summary of the issues and resource concerns Identified from all sources for consideration In this
section;
2. The steps used to consider and prioritize the identified resources and issues; and
3. A list of the agreed upon priority resources and issues for the watershed and a brief description of
why the issue was selected.
Priority issues can be articulated in the plan through both a list/descriptions and map(s). The format and
exact planning terminology used in the plan for presenting priority issues may vary as long as the plan covers
the three requirements above and the terminology used is defined in the plan (the summary and steps are
suggested to be Included as appendices}. The plan is not expected to address all identified issues; however, it
should include a brief explanation as to why certain issues were rejected as priorities for this planning cycle.
In the event that conflicts exist in the interpretation of issues and/or selection of priority issues, consider
whether the conflict can be addressed by defining both watershed-wide priorities as well as individual
priorities of the participating local governments.
Plans that do not demonstrate a thorough analysis of Issues, and that do not use available science and data,
will not be approved. BWSR will consider the guidance and recommended tools outlined in Section 2
Analvsis and Prioritization of Issues in assessing if analysis has been thorough.
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One WatershedOne Plan plan Content Requirements • Page 7
3. Establishment of Measurable Goals
The pian must contain measurabie goals, sometimes called objectives in planning, to address each of the priority issues.
Measurable goals articulate what the planning partners want to achieve and allow for evaluation of progress. A useful
method for assessing if a goal is measureable is to ask the question for each goal: "will we be able to measure / show /
report that we have been successful in achieving this goal when we assess implementation of the plan in the future?"
The development of measurable goals and the resulting implementation actions will be an iterative process. Goals from
existing local water plans and information should be summarized and discussed for potential inclusion as part of this
process. WRAPS, TMDLs, and the models used for the prioritization process noted above should all be used in the setting
of goals. The implementation programs and schedule for achieving the goals should be considered and goals adjusted to
reflect which are achievable within the timeframe of the plan versus goals that may reflect a longer view.
Formatting, terminology, and organization in the plan to meet this requirement can vary. For example, a goal to
"maintain clean drinking water for future generations" by itself is too broad to be measurable and may better serve as a
guiding principle. However, a broad goal such as this could be acceptable if it is supported by a series of measurable
sub-goals or objectives. The plan may contain a blend of goals common to the watershed as a whole, goals individual to
a specific local government partlcipant(s) and/or resource, and goals that persist beyond the timeframe of the plan.
Not every goal can be measurable within the timeframe of the plan; however, the aggregate of goals in the plan should
together articulate an intended pace of progress. For example, if a water quality standard is unable to be met within the
lifespan of the plan, the plan should contain longer-term goals with Interim points at which progress can be examined
and methods and models to establish the goal can be reevaluated. Ideally, these interim points would use some
measure to show attainment of an interim goal.
The timeframe of goals may also need to recognize unique settings and situations across the state. As an example, The
Minnesota Geological Survey notes that response time of nitrate concentrations to changes in land use practices in
southeast Minnesota will likely vary in different hydrogeologic settings, and may lag behind land use changes by
decades. In addition, some water quality or designated use support goals may take decades to achieve (e.g. changes in
stream biota or altered base flow hydrology).
Plan Content Requirement: Establishment of Measurable Goals
Each priority issue must have associated measurable goals for addressing the issue. Some goals will be
watershed-wide; however, the majority should be focused on a specific subwatershed, natural resource, or
local government. Goals for prevention of future water management problems should also be considered.
Plans that do not contain sufficient measurable goals to Indicate an intended pace of progress for addressing
the priority issues will not be approved.
BWSR will consider Minnesota Statutes §1038.801, Subd. 4 (2), and the balance of broad versus focused
goals and shorter-term versus longer-term goals and detail in the targeted implementation schedule to
assess whether goals are sufficient. Additionally, the pace of progress towards achieving goals will be used in
determinations of the extent or depth of future ten year plan revisions. BWSR may consider issuing findings
when a plan and associated implementation is sufficient that a complete revision will not be required.
Specific Goal Requirements:
• Consistent with the Clean Water Council policy, these plans must establish water storage goals, expressed In
acre-feet, and standards for water storage, retention, and infiltration.
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One WatershedOne Plan plan Content Requirements • Page 8
4. Targeted Implementation Schedule
Targeting takes a closer look at the priority issues and identifies cost-effective, targeted, and measurable actions
necessary to achieve the goals. These actions are included in the plan in consideration of available technical skills and
capabilities, knowledge of landowner willingness, funding resources available, implementation items or projects from
existing local water plans, and information and the Strategies and Actions table from the WRAPS. Actions are entered
into a schedule or table that provides the details of;
n A brief description of each action;
n Location targeting where the action will occur;
" Identification of roles and who is responsible for the action;
• An estimate of cost and potential sources of funding for implementing the action;
n An estimate of when the implementation will occur within the ten year timeframe of the plan; and
n How the action will be measured.
The purposes of the implementation schedule are to: clearly indicate an intended pace of progress for achieving the
goals; support development of shorter term work plans and budgets for the planning partners; and to support budget
requests to the state through BWSR's Biennial Budget Request (BBR). The schedule should be supported by maps
indicating the location(s) of the targeted activities.
The development of a targeted implementation schedule and associated actions is an iterative process. Additionally,
BWSR recognizes that some actions may require a prior feasibility study to refine a potential implementation strategy.
The depth and specificity of targeted actions identified in the plan will vary. For example, capital improvement projects
and best management practices to be implemented on public land can generally be specifically located and identified in
the plan. By contrast, conservation practices proposed for private lands may be specifically identified through the use of
models and tools for purposes of developing measurable goals and the targeted implementation schedule, but those
locations are only generally described in the plan itself. For these private lands, the plan must overtly describe actions
to work with landowners in these critical areas and tailor conservation practices.
Plan Content Requirement; Targeted Implementation Schedule
Each plan will have a targeted implementation schedule for achieving the goals with:
1. A brief description of each action;
2. Location targeting where the action will occur;
3. Identification of roles and the responsible government unit for the action;
4. An estimate of cost and potential sources of funding for implementing the action;
5. An estimate of when the implementation will occur within the ten year timeframe of the plan; and
6. How the outcomes of the action will be measured.
The schedule must clearly identify the actions the planning partners will undertake with available local funds
versus the actions that will be implemented only if other sources of funds become available, and should be
supported by maps indicating the locationjs) of the targeted activities.
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One WatershedOne Plan plan content Requirements • Page 9
5. Implementation Programs
The implementation programs described below support the targeted implementation schedule by describing
the overarching program(s) that will be used to implement actions identified in the schedule and how these
programs will be coordinated between the local water management responsibilities. In addition, partner
must decide what organizational structures are best suited to administerthe various programs. In some
cases new arrangements may be needed or desired. All programs described in this section must be included
in the plan.
A. Plan Administration and Coordination: The plan must describe the following administration and coordination
programs.
i. Decision-making and Staffing: Describe how the partners will transition from a planning partnership to
implementation of a watershed-based plan through descriptions of roles and responsibilities of participating
local governments.
a. Policy Committee (decision-making): Describe if the policy committee created to develop the plan
will continue through plan implementation, or clearly outline an alternative method to provide
oversight and maintain accountability throughout plan implementation.
b. Advisory Committee (advising): Describe If the advisory committee(s) created for plan development
will continue through plan implementation and/or describe alternative methods to ensure: a
dependable forum to exchange information and knowledge about the watershed and
implementation of the plan, and meet the statutory requirements for ongoing advisory committees
of counties (Minnesota Statutes §1036.301-1038.3355) and watershed districts (Minnesota Statutes
§103D.331-103D.337).
The plan should also establish procedures for engaging state agencies, and describe the ongoing role
and commitments of the state agencies for plan implementation.
c. Identification and Coordination of Shared Services (staffing): Describe specialized and shared
service areas that will be used in the watershed to implement the actions identified in the schedule
and achieve greater efficiencies in service delivery. This may include shared services for program
management, such as if a plan action requires forest resource management technical assistance, but
the local government where the action is occurring does not have a staff forester. The watershed
plan and associated formal agreements should describe how the service will be shared and/or the
need met. Or the plan may include project management. For example if one county has history and
experience implementing a large-scale multipurpose drainage project, another county in the
watershed may want to contract for services with staff from the experienced county to implement a
similar project. Shared services may also include partnership with non-governmental organizations.
ii. Collaboration with other Units of Government: Describe relationships with other units of government not
part of the formal agreement for plan development, including the drainage authorities within the planning
boundary. For example, cities and townships are not required participants. However, recognition and
inclusion of cities and townships is important and especially critical to recognize for actions involving waste
water treatment plants, source water and wellhead protection for population centers, and MS4s, for
example. Additionally, federal government partners are not required participants. However, federal
programs and partnerships are very important resources in watershed management.
iii. Funding: Describe how actions in the implementation schedule will be funded. Both the state and local
governments have responsibility for funding water management. All funding methods currently available to
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Plan Content Requirements • Page 10
participants remain available to the participants and/or to the organization as a whole through the
participants.
a. Local Funding: The local government planning partners have variable methods and options for
generating funds to implement watershed management and to leverage state and other funding.
The funding sources and commitments of participants must be clearly outlined In the plan.
b. State Funding: Describe state funding needed for Implementation of the plan. This can be achieved
through separation in the targeted implementation schedule of locally funded projects versus
projects that will proceed only with state funds.
c. Collaborative Grants: Describe the intended approach to coordinated submittal of state grant
applications. Collaborative funding and implementation is a goal of One Watershed, One Plan.
d. Federal Funding: Federal sources of funds can be Important to watershed management. The plan
should describe what type of federal funding resources may be pursued to implement the plan.
e. Other Funding Sources: Other sources of funds, such as from non-governmental organizations and
private landowner funding, can be important to watershed management. The plan should describe
what other types of funding may be pursued to implement the plan.
iv. Work Planning: Describe how the targeted implementation schedule and the implementation programs will
be used for work planning. For example, describe if a collaborative work plan for the watershed, individual
work plans for each local government participant, or some combination of work planning will be used; and
describe how the work plan will be finalized and approved.
a. Local Work Plan Purpose: Include a frequency, method, decision-making, and local purposes for
work planning. Frequency is suggested to be annual in order to be incorporated into local budgeting
and staffing decisions related to implementation of the plan. Purposes depend on the extent of
collaboration intended in the implementation schedule, programs, and subsequent agreements, as
well as the extent of collaborative grant-making intended.
b. State Work Plan Purpose: Describe a biennial commitment to coliaboratively review and submit a
BWSR biennial budget request (BBR) from the watershed. Future BBRs should be generated from
the Targeted Implementation Schedule.
V. Assessment and Evaluation: Describe the frequency, method(s), purposes, decision-making, and procedures
for periodic assessment and evaluation of plan implementation. Periodic understanding of
accomplishments—based on the targeted implementation schedule—is needed to measure progress, drive
the work plan, and provide accountability. If a Watershed Restoration and Protection Strategies report is
completed within the planning area after the plan is complete, this report must be considered at the next
scheduled evaluation.
a. Annual Evaluation: Describe an annual commitment to coliaboratively review and submit to BWSR's
Level I Performance Review and Assistance Program (PRAP) plans and reports for each local
government in the partnership. Additionally, describe sufficient baseline local evaluation of
previous years' work to support generation of the local work plan in iv.a above {if an annual local
work plan is being used) and reporting requirements In v.d below.
b. Biennial Evaluation: If the partnership chooses a biennial work plan, a biennial evaluation must be
described to evaluate the previous years' work and support the work plan. It Is recommended that
this baseline evaluation is tied to the requirement for measurability in the targeted implementation
schedule and that a method for tracking implementation consistently across the watershed be
described.
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One Plan Plan Content Requirements • Page 11
c. Five Year Evaluation: Include a schedule for a thorough five year assessment and potential revision
to implementation schedule. The purpose of this evaluation is to determine progress and consider
whether staying the course or resetting direction is necessary. It may also include revisions to
models and considerations of new monitoring data. If a WRAPS has been completed or revised since
the plan was originally adopted, this evaluation must include an assessment of any changes
necessary due to the WRAPS. BWSR involvement in this evaluation may include Level II PRAP.
d. Reporting: Describe collaborative approaches to provide accountability to stakeholders and to meet
annual reporting requirements of local governments, grant reporting requirements, and specific
program and financial reporting requirements. Information on required annual reporting can be
found on the BWSR website: www.bwsr.state-mn.us/erants/repDrting/reportine.html. Consider a
periodic 'state of the watershed report,' or individualized 'waterbody report cards' or other
methods to provide accountability and demonstrate outcomes locally. See also the Education and
Information requirements below.
vi. Plan Amendments: Describe procedures for considering plan amendments, who can propose amendments,
what criteria will be used in considering amendments, and who makes the decision to proceed with
amendments.
vli. Organizational Structures or Formal Agreements: List and briefly describe the organizational structures or
entities that will be used to Implement the plan's projects and programs. Indicate whether these are existing
entities or new ones. In either case, indicate any formal agreements between local governments that are
needed and whether these will be modifications of existing agreements or new agreements. For example,
prior to completion of the plan, the Memorandum of Agreement (MOA) between partners for planning
purposes could be revised for on-going coordination among entities responsible for plan implementation..
Consultation with Minnesota Counties IntergovernmentalTrust (MCIT) and legal counsel is recommended.
MCIT may recommend revising the planning agreement, establishing separate agreements or contracts for
specific services or actions and/or developing a broader, watershed-wide agreement for ongoing
partnership.
B. Plan Implementation Programs: Describe the following programs to support the targeted implementation schedule,
including necessary feasibility studies.
i. Incentive Programs: Describe local voluntary cost share or grant programs necessary to achieve the goals,
including the general purpose and scope, criteria that will be used to select projects/disperse funds, actions
to work with landowners in these critical areas to tailor conservation practices, and how the program(s) will
be implemented across the watershed to provide consistency and achieve goals. Incentive programs may be
targeted to specific issues, e.g. grants for sealing abandoned wells, or specific areas, e.g. a watershed of
priority lakes.
ii. Capital Improvements: Describe opportunities for watershed-wide collaboration (e.g. sharing of specialized
services and/or lessons learned on these large-scale projects) on capital improvements (physical/structural
improvement with an extended life) identified in the targeted implementation schedule. Consider including
opportunities for improved water management associated with county and township roads and within
drainage systems managed through Drainage Law.
a. Drainage: Describe opportunities for enabling large-scale, multi-purpose projects on a watershed
basis and for engaging drainage authorities and drainage inspectors In implementation of the
watershed plan. Describe local procedures for ensuring future drainage projects are not
inconsistent with the goals of the plan
b. Capital Improvement Programs (CIPs) for Watershed Districts: CIPs are required in the plan when a
watershed district is included, consistent with the requirements of Minnesota Statutes §103B and
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One Watershed
One Plan Plan Content Requirements • Page 12
103D. A CIP is an Itemized program for at least a five-year prospective period, and any amendments
to it, subject to at least biennial review, that sets forth the schedule, timing, and details of specific
contemplated capital improvements by year, and, together with their estimated cost, the need for
each improvement, financial sources, and the financial effect that the improvements will have on
the local government unit or watershed management organization. This requirement can be
incorporated into the targeted implementation schedule if the specific requirements of Minnesota
statutes §103B and 103D are clearly met.
c. Permanent Protection: Describe opportunities for permanent land protection necessary to meet the
resource needs and achieve the goals for the watershed.
iii. Operation and Maintenance: Include a description of who is responsible for inspection, operation and
maintenance of capital projects, stormwater infrastructure, public works, facilities, and natural and artificial
watercourses. Specify any new programs or revisions to existing programs needed to accomplish the goals
or that may benefit from watershed-wide collaboration.
Iv. Regulation and Enforcement: Describe existing regulations, controls, and authorities relevant to water
management for the purposes of highlighting areas of duplication, gaps, and opportunities. Use this analysis
to identify areas to maximize effectiveness and build efficiencies through improved coordination and
consistent application of regulations, and/or to develop new regulation or enforcement in support of
meeting plan goals. Consider also opportunities for efficiencies in required annual reports related to
regulation, and enforcement and connections to possible data gaps. Include a description of drainage
authorities and responsibilities and local implementation of the buffer law, passed in the 2015 1^ Special
Session. Regulatory areas to consider include, but are not limited to: shoreland, floodplain, septic. Wetland
Conservation Act, Protected Waters Inventory, erosion control, municipal wastewater. Minimum Impact
Design Standards (MIPS), land use, aggregate mining, feedlots, hazard mitigation, buffers, and prescription
drug drop off locations.
a. Regulation and Enforcement for Watershed Districts: Describe the rules and associated permit
programs of watershed districts in the watershed, consistent with and as necessary to meet the
requirements of Minnesota statutes §103B.337-103D.34S.
b. Comprehensive or land use plans: Describe the land use authorities within the watershed as well as
potential opportunities to achieve goals through, or potential conflicts with, comprehensive land use
plans.
V. Data Collection and Monitoring: Describe data collection and monitoring activities necessary to support the
targeted implementation schedule and reasonably assess and evaluate plan progress.
a. Inventory: Describe additional inventories needed in the watershed to address any gaps in the land
and water resources inventory support actions in the targeted implementation schedule.
b. Monitoring: Describe the locations, frequency, and parameters of existing water quality, quantity
and other monitoring programs in the watershed. Describe if these established monitoring programs
are capable of producing an accurate evaluation of the progress being made toward the goals,
including improved calibration of model(s), and any new monitoring needed to improve
understanding of the watershed baseline or assess particular resources. State agencies are available
to assist with identification of state monitoring activities.
Include a requirement for periodic analysis of the data, a commitment to collect data consistent
with state compatibility guidelines, and a commitment to submit locally collected data to the
appropriate state agency for entry into public databases.
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Plan Content Requirements • Page 13
vi. Information, Outreach, and Education Programs: The plan must describe information, outreach, and
education program(s); specifically, opportunities where there are benefits from watershed-wide
collaborations and areas where focused or targeted actions will support the priority issues and goals of the
plan. At a minimum, include the purpose, targeted audiences, and a description of the actions or methods.
Consider development of an education plan for the overall watershed using an approach currently
successfully used in Minnesota, an adaptation of the U.S. Environmental Protection Agency guidance
"Getting In Step: A Guide for Conducting Watershed Outreach Campaigns" available at:
www.epa.eov/owow/watershed/outreach/docLi ments/getnstep.pdf.
6. Plan Appendix - Land and Water Resources Inventory
A land and water resource inventory is simply an account of the water resources and physical factors affecting the water
resources within the watershed. In most cases, adequate data, Inventories, and general analysis of land and water
resources already exist; new information does not necessarily need to be generated and the majority of resource
information can be incorporated by reference with a brief general description. At a minimum, the plan should
acknowledge the resource information from existing local water plans and the Watershed Restoration and Protection
Strategies Report (WRAPS) and NOAA Atlas 14 data. This information is important not just to understand the historic
status of the watershed, but is useful in considering the future.
Going forward, wholesale updates and/or revisions to land and water resource inventories should be limited. Instead
greater flexibility and a streamlined process for more frequent updates to incorporate collected data, updated trends
analysis, and changes in land use typically associated with land and water resource inventories are envisioned.
Plan Content Requirement: Land and Water Resources Inventory
The plan must contain sufficient land and water resources information to inform the planning process and support
actions in the plan. Specifically, the plan must include a brief general description of—and reference where to find—
the typical and available land and water resource information. This information includes, but is not limited to:
• Topography, soils, general geology;
n Precipitation;
n Water Resources
o Surface water resources. Including streams, lakes, wetlands, public waters and public ditches;
o Groundwater resources, including groundwater and surface water connections if known;
o Water quality and quantity, including trends of key locations and 100-year flood levels and
discharges, regulated pollutant sources and permitted wastewater discharges;
o Stormwater systems, drainage systems and control structures;
o Water-based recreation areas;
n Fish and wildlife habitat, rare and endangered species; and
n Existing land uses and proposed development.
Inventory information critical to supporting the priorities and actions of the plan may need to be more thoroughly
described. For example, a description of results of trend analysis may need more in-depth description to support a
priority issue in the plan; however, the data behind the analysis can be referenced.
If gaps in inventory information are identified through the plan development process, consider implementation
action(s) to fill the gap rather than delaying the planning process to generate new data.
Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us
Soli
One Watershed, One Plan
Operating Procedures
March 23, 2016
I
^1
CLEAN
WATER
LAND &
LEGACY
^MliNDMI NT
Purpose: This document outlines processes for initiating a planning effort through the One Watershed, One
Plan program as per Minnesota Statutes §1038.101 Subd. 14 and §1038.801.
Introduction
The State of Minnesota has a long history of water management by local government. One Watershed, One Plan Is
rooted in this history and in work initiated in 2011 by the Local Government Water Roundtable (Association of
Minnesota Counties, Minnesota Association of Watershed Districts, and Minnesota Association of Soil and Water
Conservation Districts). Roundtable members determined that it is in the public interest to manage groundwater and
surface water resources from the perspective of watersheds to achieve protection, preservation, enhancement, and
restoration of the state's valuable water resources. Supporting this determination, the Roundtable recommended that
the local governments charged with water management should organize and develop focused implementation plans on
a watershed scale.
The recommendation was followed in 2012 by the One Watershed, One Plan legislation (Minnesota Statutes §1038.101
Subd-14) that permits the Minnesota Board of Water and Soil Resources (BWSR) to adopt methods to allow
comprehensive plans, local water management plans, or watershed management plans to serve as substitutes for one
another, or to be replaced with one comprehensive watershed management plan. The legislation also requires BWSR to
establish a suggested watershed boundary framework for these plans. Additional legislation was passed in 2015
(Minnesota Statutes §1036,801) that outlines the purpose of and requirements for comprehensive watershed
management plans.
One Watershed, One Plan Is the next logical step in the evolution of water planning in Minnesota. The One Watershed,
One Plan vision is to align local planning and implementation with state strategies over a ten year transition period Into
plans built largely around the state's major watersheds. The operating procedures in this document outline processes to
achieve this vision.
Additional information about One Watershed, One Plan can be found on the BWSR website:
httD://www.bwsr.state.mn.us/Dlanning/lWlP/index.html.
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One WatershedOne Plan Operating Procedures • Page 2
Table of Contents
Introduction 1
I. Overview 3
II. Boundary Framework 5
1. Suggested Map S
2. Boundary Establishment and Adjustment Procedures 6
3. Boundary Criteria 6
III. Participation Requirements 8
1. Participation Requirements Procedure 9
2. Participation Requirements and Plan Adoption 9
IV. Planning Agreement and Organizational Structures for Implementation 11
1. Agreement Formats and Recommended Use 11
V. Plan Development Procedures 13
1. Committees, Notifications and Initial Planning Meeting 13
2. Draft Plan 14
3. Formal Review and Public Hearing 15
4. Approval by BWSR 16
5. Local Adoption 16
6. Plan Development Definitions 16
NOTE: Plan Content requirements provided in separate document.
Minnesota Board of Water & Soil Resources * www.bwsr.state.mn.us
One Watershed
One Plan r^ * r. .i n ^Operating Procedures • Page 3
I. Overview
Participation in One Watershed, One Plan is voluntary. Initiation and scheduling development of plans within the
framework should be coordinated to the extent possible with existing plan update and amendment schedules and
development or completion of Watershed Restoration and Protection Strategies (WRAPS). The timing and order of the
steps below are for the most part suggested and some may be iterative. BWSR staff are available to assist at all steps
and may be able to bring additional facilitation resources to the process if requested.
Step 1. Review the Suggested Boundary Map (see li. Boundary Framework) and gather potential local
government participants based on the watershed selected.
Step 2. Initiate discussion(s) with potential participants and BWSR. This step may include multiple and variable
sub-steps such as a number of formal and informal meetings and discussions between participants. The
sub-steps will vary by the local governments involved, their history of partnership and/or collaboration,
and other potential factors.
a. Informally notify BWSR staff of intent to explore developing a plan through the One Watershed, One
Plan process.
b. Convene potential local government participants to consider the following items. Assistance with
preparation and neutral facilitation of meeting(s) may be available.
i. Select a lead, shared lead, and/or a procedure for convening participants through this step.
ii. Confirm intended planning boundary with participants and BWSR staff. Invite additional local
government participants if necessary (see ll. Boundarv Framework and III. Participation
ReauirementsT
iil. Discuss the requirement for formal agreement between partners (see III. Participation
Requirements and IV. Formal Agreement).
iv. Consider requesting resolutions from the boards of the participating local governments as a
means of confirming support.
Step 3. Finalize discussion(s) with potential participants and BWSR by:
a. Formally notifying BWSR of Intent to initiate planning. Formal notification can be made
electronically and must include confirmation of the:
I. Local government participants or partners (see III. Participation Requirements):
ii. Planning boundary with proposed changes as applicable (see II. Boundarv Framework): and
lii. May include requested plan extensions and waivers for participants' existing plans as applicable.
BWSR's policy for Plan Extensions can be found at www.bwsr.state.mn.us/plannine/index.html.
b. Finalizing formal agreement(s) between local government participants (see IV. Formal Aereement).
Formal agreements must be finished prior to formal initiation of planning.
c. Consider applying for a BWSR Plan Development grant as available. If receiving a Plan Development
grant, the formal agreement will need to be in place before the grant will be executed.
Step 4. Formally initiate planning (see V. Plan Development Procedures). A thorough stakeholder process is
required and should not be any less than procedures of water plans being substituted for or replaced.
a. Identify stakeholders, notify state agencies, and establish committees
b. Gather preliminary issues and priorities through review of existing plans and information and
response from stakeholders and agencies.
c. Hold initial planning meeting (often called a 'kickoff meeting') to review and discuss the information
gathered and Input received.
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One Watershed
One Plan - n ^ r> ,Operating Procedures • Page 4
Step 5. Draft plan {see V- Plan Development Procedures). Specific requirements for plan content can be found in
the One Watershed, One Plan - Plan Content for Comprehensive Watershed Management Plans (Plan
Content) document. Steps may be iterative and will include input from stakeholders.
a. Review and aggregate information from existing plans, land and water resource inventories, and
WRAPS. Use the process to identify commonalities and gaps.
b. Review state goals and strategies for water and related land use. Use the process to determine
identify where local priorities can contribute attaining state goals.
c. Consider the aggregated information in setting priorities and targets.
d. Develop implementation plan and schedule. Assess if implementation actions are capable of
producing measurable results.
e. Finalize draft plan. Consider informal review by stakeholders if time allows and/or unresolved Issues
exist.
Step 6. Submit draft plan for formal review and hold public hearing.
a. After the plan has been drafted, submit the plan to plan review authorities (see V. Plan
Development Procedures).
b. Schedule and hold a public hearing on the draft plan after the 60-day review period of the draft
plan. A summary of comments received in the review period and the responses to those comments
should be made available to all stakeholders and commenters prior to the hearing.
Step 7. Approval by BWSR
a. Submit the final plan to the plan review agencies (see V. Plan Development Procedures).
b. The BWSR Board will review the plan for conformance with the plan content requirements found in
the Plan Content document.
c. Appeals and dispute of plan decision follow existing authorities and procedures of BWSR Board.
Step 8. Adopt the plan. Local adoption is required within 120 days of BWSR Board approval. Procedures for local
adoption will vary by plan type and the formal agreement between the local governments. See also V,
Plan Development Procedures for more information.
Step 9. Implement, evaluate, and revise the plan. Additional information on plan content and evaluation
requirements can be found in the Plan Content document.
a. Local development and use of an annual and/or biennial work plan and report between partners is
recommended for accountability, e.g. holding an annual meeting in the watershed to discuss the
previous year's accomplishments and confirm direction for the next year. Additional
annual/biennial reporting requirements can be found on the BWSR website.
b. Five year evaluation of performance is required and updating (amendment) of implementation plan
and schedule as needed.
c. Revisions required every 10 years. Depth of revision dependent on evidence that implementation is
occurring. BWSR can issue 'findings' when a plan is good enough that complete revision is not
required.
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One Watershed
One Plan Operating Procedures • Page 5
II. Boundary Framework
The One Watershed, One Plan Boundary Framework consists of three parts: the suggested boundary map; procedures
for establishing boundaries, requesting variances on boundaries, and appealing boundaries; and the criteria used to
establish and consider requested variances from the suggested boundary map.
1. Suggested Map
Local governments partnering to develop a One Watershed, One Plan, must begin with the planning boundaries
identified in the Suggested Boundary Map adopted by the BWSR Board on April 23, 2014 (see figure 1). This map was
developed by through a formal comment period held January 1 through February 28, 2014. Boundaries within this map
are recommended but not mandated; procedures for establishing and deviating from the boundaries can be found
within the Boundary Procedures of this section. Alternative formats of the map are available on the BWSR website:
http://www.bwsr.state.mn.us/Dlannine/lWlP/index, html.
Figure 1: Suggested Boundary Map
vv
C3 1W1P OiaA Pianning Boundaries '
a 7 County lilelrD/Vea
Major Watersheds
*tM legal boundanes. intended tor plannng puiposes through One Watershed, One Plan only.
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One Watershed
One Plan ^ n ^ r, .operating Procedures • Page 6
2. Boundary Establishment and Adjustment Procedures
As per Minnesota Statutes §1036.101 Subd. 14, BWSR "shall, to the extent practicable. Incorporate a watershed
approach when adopting the resolutions, policies, or orders, and shall establish a suggested watershed boundary
framework for development, approval, adoption, and coordination of plans." The procedures for determining boundaries
will conform to the following:
A. Planning Boundary Establishment. BWSR Board adopted the One Watershed, One Plan Suggested Boundary
Map on April 23, 2014. This map establishes the suggested planning boundaries for plans developed through
One Watershed, One Plan.
a. Before commencing planning under Minnesota Statutes §1036.101 Subd. 14, local governments
participating in the plan (participants; see also III. Participation Requirements) shall notify the BWSR
Board Conservationist and Regional Supervisor of the intent to initiate planning. This notification shall
include:
i. Local concurrence of all participants within the planning boundary established in the BWSR
Board adopted map; or
li. A new map delineating the intended planning boundary with local concurrence of all
participants. If submitting a new map, participants must provide written documentation of the
rationale and justification for deviation from the BWSR Board adopted map. BWSR staff may
request additional information needed to make a plan boundary determination.
b. BWSR staff shall have 60 days to determine if a proposed plan boundary conforms with the
requirements of Minnesota Statutes §1036.101 Subd. 14 and notify the participants of the
determination.
c. If the participants disagree with the determination, they may submit a request for review to the
executive director. The executive director may bring the issue before the BWSR Board if resolution
cannot be found.
d. The final planning boundary will be approved by the BWSR Board concurrent with plan approval and
incorporated into the BWSR Board order and adopted map.
B. Planning Boundary Amendment or Adjustment. After a planning boundary has been established, participants
may find adjustments or amendments to the boundary are necessary. Procedures for changing a boundary will
follow the establishment procedure above. The final adjusted boundary will be approved by the BWSR Board
concurrent with a plan amendment or next plan approval. BWSR comments on the boundary may include
findings that an amendment to the plan Is necessary to address the newly included or excluded area(s).
C. Appeals. Participants may appeal a BWSR Board decision to deny approval of a plan or the establishment of a
plan boundary. Appeals and disputes of decisions follow existing authorities and procedures of the BWSR Board.
3. Boundary Criteria
The following criteria, based on the criteria used for establishing the Suggested Boundary Map, are recommended for
use in justifying adjustment to planning boundaries.
A. The adjustment will not leave small, orphaned watershed areas between planning boundaries.
B. Smaller than the suggested planning boundary:
• Smaller area does not conflict with the purposes/intent of IWIP.
Significant dissimilarities or complexities in resource issues and solutions within suggested planning
boundary justify the smaller area.
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One WatershedOne Plan operating Procedures • Page 7
• Suggested planning boundary crosses a major river, e.g. on both sides of the Mississippi River.
• Existing watershed district in the area.
• Suggested planning boundary crosses Metro Water Planning area
• Boundary for the smaller area closely follows a minor watershed, e.g. a 10 or 12 digit hydrologic unit code or
watersheds defined by drainage systems managed pursuant to Minnesota Statutes §103E.
C. Larger than a suggested planning boundary^ e.g. one boundary plus additional minor or major watershed(s}
• Inclusion of a partial watershed on a state line.
• Confluence of major basins.
• Efficiencies due to similarity of issues and solutions.
• Existing watershed district that includes larger area.
• Major watersheds/8-digit hydrologic unit codes already lumped for PGA 10-year watershed
approach/WRAPS.
• Boundary for the larger area closely follows a minor watershed, e.g. a 10 or 12 digit hydrologic unit code.
D. When a suggested planning boundary crosses into the seven-county metro:
• The area within the seven-county metro may or may not be considered for inclusion in the boundary. If
included, the area within the seven-county metro is not excluded from Metro Surface Water Management
Act.
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One Watershed
One Plan Operating Procedures • Page 8
III. Participation Requirements
Two Guiding Principles of One Watershed, One Plan include: "One Watershed, One Plan must involve a broad range of
stakeholders to ensure an integrated approach to watershed management," and, "One Watershed, One Plan
implementation will be accomplished through formal agreements among participating local governments on how to
manage and operate the watershed." When the One Watershed, One Plan planning process is initiated within a
watershed area, all potentially affected local units of government within the given planning boundary should be invited
to participate. This section outlines participation requirements for local units of government in order to meet these
guiding principles while still providing realistic and pragmatic balance for required participation.
In order to balance the need to maximize participation of all affected water planning authorities in watershed-based
planning with the reality of the constraints on that participation (particularly in the transition period to One Watershed,
One Plan) this section outlines flexibility in participation requirements. For the purposes of this section, levels of
participation are defined as;
Required Participant: the local government unit must formally agree to a role in plan development and
subsequent implementation. "Formally agree" means an in-writing consent to participate (see IV. Formal
ARreement).
Optional Participant: the local government unit is encouraged to be directly involved in the planning process,
but is not required to formally agree. All municipalities (cities and townships) are optional participants.
Table 2: Participation Requirements by Local Government
Water Conservation District ...
:ounty
I
'^030 Watershed District
[o3B (Metro*) Watershed District or \
Watershed Management Organizatioiv,
ifiipaiity (ctty or townshi|^
•Metro means seven-county metropolitan area.
Required (Metro* swcds optioj
Required (Metro* counties optional)
Required
Optional
Optional
All local governments with land area within the watershed are given the opportunity to participate In the One
Watershed, One Plan and implementation. However, small areas may or may not be critical or practical In management
of the watershed to achieve the goals of the plan. If only a small portion of the local government unit is within the
watershed planning boundary, the criteria listed in A and B below can be used to determine when participation is
required. C and D below outline options for involvement when participation is optional.
A. If less than 5% of the jurisdictional land area of the local government is within a One Watershed, One Plan
planning boundary, participation is optional.
8. If 5% or greater and less than 10% of the jurisdictional land area of the local government is within the One
Watershed, One Plan planning boundary, participation is optional unless:
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One WatershedOne Plan Operating Procedures • Page 9
i. The area Is identified as a priority area as per the Watershed Restoration and Protection Strategies
(WRAPS) document, a completed TMDL, a local diagnostic study, and/or other studies or plans. If the
WRAPS is not completed additional factors or criteria such as the anticipated impact to the planning
process, or perceived challenges with implementation of the resulting plan if certain critical stakeholders
are unwilling to participate may also be considered.
li. The area contains or is in close proximity to the watershed outlet or a priority resource(s) as per the
Watershed Restoration and Protection Strategies (WRAPS) document, a completed TMDL, a local
diagnostic study, and/or other studies or plans such that lack of participation will be detrimental to
implementation of the plan.
C. Required participants are encouraged to:
I. Keep all local governments within the watershed Informed in plan development and encourage
participation as practical;
li. Overtly identify a process in the watershed plan for involving optional participants in Implementation
when applicable; and
Hi. Consider incorporating streamlined procedures for including optional participants in formal agreements
in the future.
D. Optional participants for those areas that meet A or B above are encouraged to:
I. Keep themselves informed of plan development as practical;
li. For areas where the local government Is not a required participant (e.g. not part of a formal agreement
to plan where A or B above applies), the local government is encouraged to adopt the plan for these
areas once approved by BWSR, and to consider becoming part of future agreement(5) to implement the
plan in these areas if applicable.
1. Participation Requirements Procedure
Participation requirements will be discussed as part of the plan initiation process with final determinations made by the
Board Conservationist in consultation with the local government participants and BWSR Regional Manager. Disputes of
staff decisions will be reviewed by the executive director and brought before the BWSR Board if resolution cannot be
found.
Lack of willingness or interest of one local government unit should not be used as an initial basis for denying
participation of the majority in One Watershed, One Plan. Additional factors or criteria may be considered. Including the
anticipated impact to the planning process or perceived challenges with implementation of the resulting plan if certain
critical stakeholders are unwilling to participate. At the request of the majority of participants, BWSR may conduct an
assessment of the potential impact of the nonparticipation and make a determination as to if the remaining participants
should be able to proceed. This assessment and the final recommendation will be reviewed by the executive director
and brought before the BWSR Board if resolution cannot be found. In some situations, a watershed planning group may
not be able to proceed until One Watershed, One Plan participation requirements are met.
2. Participation Requirements and Plan Adoption
After a plan has been completed by participants and approved by the BWSR Board, It will need to be formally adopted
within 120 days by all parties. Whether the plan is adopted individually by each county, soil and water conservation
district, and/or watershed district; or if it is adopted by an established joint powers board on behalf of the participants;
Is a decision of the participants as outlined in the formal agreement and the authorities provided therein (see V. Formal
Agreement).
In the case that a required participant decides not to formally adopt the plan after it has been approved by BWSR, the
remaining local governments will need to reassess whether or not the plan can be successfully implemented without
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adoption by the particular local government. If it is possible the plan will work to a degree without the participant, the
plan may need to be amended to function without the participant, and/or the remaining participants may need to work
with the non-participant to address issues or concerns. BWSR staff may be available to assist in assessment or
mediation at the request of the local governments involved. The decision to adopt the plan or not is a local decision.
Any repercussions, such as ineligibility for state grants, will be specific to the individual partlcipant(s) who chose not to
adopt the plan.
See also VI. Plan Development Procedures for more detailed and specific plan adoption Information.
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One WatershedOne Plan operating Procedures • Page 11
IV. Planning Agreement and Organizational Structures for Imptementatlon
A Guiding Principle of One Watershed, One Plan is that "One Watershed, One Plan implementation will be accomplished
through formal agreements omong participating local governments on how to manage and operate the watershed."
The purpose of this principle is to provide assurances that decision making spanning political boundaries is supported by
an in-writing commitment from participants. This section outlines options for this commitment through a formal
agreement.
A Formal Agreement in the context of One Watershed, One Plan refers to the participating partners and processes these
partners will use to write and implement a watershed-based plan, and is not intended to address or mandate
consolidation or changes to existing authorities of local governments. The details of formal agreements between
participating organizations establishing the process for plan development and subsequent implementation will vary by
the goals of the participants; with recommended overarching goals of maximizing efficiency, minimizing redundancy,
preventing duplication of efforts, and clearly outlining the intent and responsibilities of the participants.
1. Planning Agreement. A Memorandum of Agreement (MOA) is recommended as the type of formal
agreement to describe the relationships, responsibilities and structure of the partners (i.e., local
governments) during the development of the One Watershed, One Plan. If the partners already have a
formal agreement in place that encompasses all of the required elements below and includes the
authority to conduct planning (e.g. a Joint Powers Agreement), they may use that agreement in place of
the recommended Memorandum of Agreement.. Planning agreements must include the following:
a. Purpose that includes participation in planning;
b. Inclusion of all required participants (see III. Participation Reouirements: agreement may include
more than the required participants, e.g. a regional agreement that encompasses multiple One
Watershed, One Plan planning boundaries);
c. Operating procedures and/or bylaws outlining, at a minimum, the means and method for decision
making, including plan submittal (see V Plan Development. 3. Formal Review and Public Hearing),
and potentially procedures for stakeholder processes, committees, etc.;
d. Identification of a fiscal agent and/or requirement for an audit meeting the provisions of Minnesota
Statutes §6.756 if the agreement creates an entity or organization that will be receiving funds
directly; and
e. Formal agreements for the purposes of planning should be in place prior to initiating plan
development.
A template for a MOA and template bylaws, containing the items in a-e above, are available on the BWSR
website at: www.bwsr.state.mn.us/planning/lWlP/index.html.
2. Organizational Structures for Implementation. During the planning process, partners will identify programs
essential to achieving goals and implementing the projects for the watershed. The partners must
determine and identify in the plan the organizational structures, whether existing or new, that will most
effectively and efficiently implement the plan. Assistance from the Minnesota Counties Insurance Trust
(MOT) and/or the legal counsel of the participating organizations may be required. See V. Plan
Development Procedures.
1. Agreement Formats and Recommended Use
The Information in Table 3 should not be considered legal advice; assistance from MOT and/or the legal counsel of the
participating organizations is recommended.
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One Watershed
One Plan ^ ^operating Procedures • Page 12
Table 3: Formal Agreement Types and Recommended Uses
Type of
Agreement
Memorandum
of Agreement
(MOA)
General Description
Minimum requirement of plan
development through One Watershed, One
Plan.
Method of formally recognizing a
partnership(s).
Specifies mutually-accepted expectations
and guidelines between parties.
Generally not considered legally binding;
the significance of an MOA is typically in the
visibility.
Recommended use In relation to
One Watershed, One Plan
Recommended to signal intent of
participants & outline the decision-making
process during plan development.
Cannot be used if the intent is to directly
receive state funds as an organization.
Likely not sufficient for collaborative grant
applications and sharing of services (JPA
recommended for these).
Can be sufficient if the final plan will be
adopted individually by each participant,
e.g. each participant adopts the completed
plan as the organization's own plan.
Joint Powers
Agreement
(JPA)
Joint Powers
Entity (JPE)
Agreement to jointly deliver a service or
product, or manage or own property.
Legally binding.
Must meet requirements of Minnesota
Statute § 471.59.
Type of JPA that specifically establishes a
new entity or board that operates
autonomously from the members. Risk Is
transferred to this entity.
Legally binding.
JPA of 7-county Metro Watershed
Management Organizations must establish
JPE and include provisions required by MN
Statutes §1036.211 and MN Rule, Chapter
8410.0030.
Recommended if the intent is for the
resulting organization to apply for and
receive state funds directly for planning and
implementation.
Recommended if future sharing of services
is anticipated.
Necessary/required/recommended if the
final plan will be adopted collectively, e.g.
one plan is "held" through the JPA/by the
JPE and the participants adopt one plan by
reference.
JPA or JPE depends on the purpose and
intent of the agreement and amount of risk
and liability acceptable to the participants;
consult legal counsel.
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One Watershed
One Plan nOperating Procedures • Page 13
V. Plan Development Procedures
Once formal agreements are in place, plan development may begin. The vision of the Local Government Water
Roundtable for plan development is a future of limited updates to watershed-based plans. The vision consists of a
streamlined process to incorporate or reference collected data, trend analysis, changes in land use, and prioritization of
resource concerns into the watershed-based plan; and an emphasis on watershed management and implementation
through shorter-term work plans and budgeting. This vision includes acknowledging and building off of existing plans
and data (including local and state plans and data), as well as existing local government services and capacity.
This vision and the consideration that development of a plan through One Watershed, One Plan should not be any less
than the implementation requirements of plans that are being substituted for or replaced is reflected in these
procedures. Specific content requirements can be found in the Plan Content document.
1. Committees, Notifications and initial Planning Meeting
One of the Guiding Principles of One Watershed, One Plan is that the process "must involve a broad range of
stakeholders to ensure an integrated approach to watershed management." The first actions in achieving this principle
are to establish committee(s) and notify stakeholders. The following steps assume the formal agreement and/or bylaws
establishing the planning partnership, and outlining the process and procedures for committee Involvement and
decision-making are in place. If this process has not been established, additional actions to do so should be included.
Step 1. Establish committees and workgroups. The following committees and workgroups are all critical to
successful development and Implementation of the plan.
a. Planning Workgroup - This workgroup is not a requirement of the plan development process; however,
a smaller workgroup of local staff, typically the local water planners and lead staff from participating
local governments, BWSR Board Conservationist, and possibly consultant(s) Is strongly recommended
for the purposes of logistical (not policy) and process decision-making in the plan development process
and in formulating recommendations for consideration by the Advisory Committee.
b. Policy Committee - This is a required committee of local plan authorities for the purposes of making
final decisions about the content of the plan and its submittal and regarding expenditure of funds
allocated for plan development. The committee membership and the committee's decision-making
process must clearly be a part of the formal agreement for planning and associated bylaws (see IV.
Formal Agreement). This committee may or may not continue after plan adoption.
c. Advisory Committee(s) - An advisory committee is required to meet public and stakeholder
participation goals and requirements identified in rule and statute for existing local water plans. The
purpose of an advisory committee is to make recommendations on the plan contents and plan
implementation to the Policy Committee. Full establishment of the Advisory Committee may not be
finalized until after Steps 2 and 4 (below).
i. Depending on size and scope, more than one advisory committee may be necessary. Consider
multiple advisory committees when the watershed is large enough to justify regional
committees, and/or specialized enough to split into specialty areas such as separate citizen and
technical advisory subcommittees.
ii. Advisory committee members should include members of the planning workgroup, drainage
authority representatives, county highway and planning and zoning staff, and potentially other
stakeholders as noted in Step 2 below.
111.Advisory committee membership must include state agency representatives. The state's main
water agencies, or plan review agencies, are committed to bringing state resources to the
planning process. Each agency will designate a lead contact for their agency to participate on
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One Watershed
One Plan operating Procedures • Page 14
the advisory committee; however, specific participation may vary depending on local needs.
Consideration should also be given to including federal agency representatives.
iv. In the initial meeting of the advisory committee{s), a basic set of ground rules should be
adopted that identify a decision-making process, and a chair should be appointed. Consensus or
modified consensus decision-making is recommended for the advisory committee and the
position of chair can be rotating.
Step 2. Notify plan review authorities and other stakeholders. Prior to the development of the plan, notification
must be sent to the plan review authorities of plan initiation. The notification must include an invitation to
submit priority issues and plan expectations, and must allow 60 days for response to the notification. The
notification may also be sent to other stakeholders or alternative methods for receiving input may be used
for these interested parties.
a. Stakeholders: drainage authorities, federal agencies, tribal governments, lake or river associations,
citizen-based environmental group(s), sporting organization{s), farm organization(s) and agricultural
groups, other interested and technical persons such as current and former county water plan taskforce
members.
b. Additional methods for public input should also be considered in addition to the formal notification
process, such as web surveys, workshops with specific interest groups, and other citizen surveys.
Step 3. Start to aggregate watershed information. Make use of existing local water plans, input received from
agencies, TMDL studies, WRAPS, and other local and agency plans. Information to be aggregated includes
land and water resources inventories, data, issues, goals, strategies, actions, etc. This aggregation of plan
information is not intended to be exhaustive, but rather a compilation forthe purposes of understanding
current priorities and goals for the watershed and orientation to the watershed. This step and the previous
step generally occur concurrently.
Step 4. Hold initial planning meeting. The meeting is often referred to as the public information meeting for county
water planning or a kickoff meeting in watershed district planning after the priority issues of stakeholders
have been gathered; and should be held after steps 2 and 3 above.
a. The planning meeting must be legally noticed to meet the requirements of MM Statutes §103B.313,
Subd. 3 (county water planning).
b. In consideration of the size of the watersheds, participants may want to consider more than one initial
planning meeting and/or options for participating through video conference. Be sure to thoroughly
document this participation.
c. Talk to BWSR staff about potential resources available to assist in planning and facilitating this initial
planning meeting in order to achieve effective participation.
2. Draft Plan
This section outlines only the high-level steps for drafting the plan. Specifics on the plan content requirements can be
found in the One Watershed, One Plan - Plan Content Requirements document. Also keep in mind that the steps are not
always linear; some steps may be repeated more than once throughout the planning process and others may occur
concurrently.
Step 1. Review and assess aggregated watershed information for commonalities, conflicts, and gaps; and to better
support understanding, discussion, and prioritization. Make use of input received at the initial planning
meeting, existing local water plans. Input received from agencies, TMDL studies, WRAPS, and other local and
agency plans..
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One WatershedOne Plan operating Procedures • Page IS
Step 2. Analyze gathered information and start writing the plan using available tools for prioritizing, targeting, and
assessing measurability. The following is an overview of the content requirements; details can be found In
the One Watershed, One Plan - Plan Content Requirements document.
a. Data and inventory Information. Most data and inventory information will be incorporated into the
plan by reference, with a general description and information on where to find the data and inventory
information. If gaps in inventory information are identified through the plan development process,
consider implementation action(s) to fill the gaps rather than delaying the planning process to generate
new data.
b. Analyze and Prioritize Issues. Prioritization is the act of ranking something in order of importance,
typically such that the more important things are addressed first. This part of the plan writing process is
used to reach understanding and agreement on the watershed issues and priorities that will be
addressed within the lifespan of the plan.
c. Establish Measurable Goals. After gaining understanding of the issues and priorities in the watershed,
measurable goals are developed to address the priority issues. These goals will describe where the
planning partners want to be or what they want to achieve within the 10-year timeframe of the plan.
Keep in mind that a watershed-based plan may include both goals that are common to the watershed as
a whole as well as goals individual to the specific local government participant(s).
d. Develop a Targeted and Measureable Implementation Plan and Schedule. Targeting takes a closer
look at the priority issues and goals and identifies specific actions and management practices to achieve
the goals. The targeted implementation schedule is a table of specific actions that are planned to be
implemented, including items such as location, responsibility, cost, schedule, and potential funding
sources of the actions. The implementation plan describes the coordination and programs necessary for
achieving the actions in the schedule. The implementation plan and schedule are developed In
consideration of available technical skills and capabilities and funding resources, and will:
i. Have targeted and measurable actions;
ii. Cover a period of 10 years and be designed in a way that supports creation of shorter term work
plans and budgets for participating local governments. Depth of future revisions will be
dependent on evidence that implementation is occurring. BWSR can issue 'findings' when a
plan is good enough that complete revision is not required; and
iii. Coordinate local water management responsibilities, activities, and necessary technical services
across jurisdictional lines while maintaining core local government services on jurisdictlonal
boundaries.
Step 3. Determine the most effective and efficient organizational structure(s), existing and/or new, to implement
the actions identified in the plan, such as shared services or collaborative grant-making. Modifications to an
existing agreement and/or a new agreement may or may not be necessary depending on the
implementation plan and needs of the participating local governments. The Minnesota Counties
Intergovernmental Trust and/or legal counsel of the participating organizations may be consulted to assist in
this determination.
Step 4. Consider informal review of the plan, specifically if there were local governments within the watershed who
chose not to participate in the planning process, stakeholders interested in the process but not on an
advisory committee, or any other issues or concerns that merit broader informal review.
3. Formal Review and Public Hearing
After the plan has been drafted, the Policy Committee submits the plan on behalf of the local plan authorities to the
plan review authorities {see definitions below) for formal review. Depending on the decision-making outlined in the
Minnesota Board of Water & Soil Resources • vww.bwsr.state.mn.us
One Watershed
One Plan ^ * n ^operating Procedures • Page 16
formal agreement for plan development, the participating local governments may need to approve the draft prior to
submittal.
A. The draft plan may be submitted to the plan review authorities electronically via email attachment, website link,
or CD. BWSR must receive a paper copy, email attachment or CD of all submitted documents (website link not
acceptable) in order to maintain a record of the submittal. if paper copies are requested, they must be provided.
It is also encouraged to make a copy of the draft plan available online with a clear process for stakeholder
comments.
B. Plan review authorities have 60-days to provide comment on the plan. Comments must be submitted to both
the Policy Committee (can be via a staff or consultant contact; does not mean submitting to each member of the
policy committee) and BWSR (Board Conservationist).
C The Policy Committee will schedule and hold a public hearing{s) on the draft plan no sooner than 14 days after
the 60-day review period of the draft plan. A summary of comments received during the review period must be
provided to BWSR, the state review agencies, and anyone who provided comments, and must be made available
to all others online or upon request.
i. Depending on the formal agreement, the participating local governments may need to hold individual
public hearings.
ii. If the formal agreement allows the Policy Committee to 'host' the public hearing, the committee may
want to consider more than one hearing in a large watershed.
4. Approval by BWSR
After the public hearing, the Policy Committee submits the final draft plan on behalf of the local plan authorities: a copy
of all written comments received on the draft plan, a record of the public hearing(s), and a summary of responses to
comments including comments not addressed and changes incorporated as a result of the review process to the plan
review agencies for final review. Depending on the decision-making outlined in the formal agreement, the participating
local governments may need to approve the final draft prior to submittal.
A. The BWSR Board shall review the plan for conformance with the requirements of Minnesota Statutes
§1036.101, Subd. 14 and §1036.801, final input from the state review agencies, this policy, and the One
Watershed, One Plan - Plan Content Requirements document. Review process includes BWSR staff review and
recommendation to a regional BWSR Committee where the plan will be presented to the committee by
representatives of the participating local government(s). The Regional BWSR Committee makes a
recommendation to the BWSR Board where final decision is made.
B. The BWSR Board may approve or disapprove a plan which it determines is not in conformance. The BWSR Board
shall complete its review and approval within 90 days or the next scheduled BWSR Board meeting.
C. Appeals and dispute of plan decision follow existing authorities and procedures of BWSR Board.
5. Local Adoption
Local adoption by the local plan authority is required within 120 days of BWSR Board approval. If so granted through a
joint powers agreement, the adoption may be by a watershed joint powers entity. If no joint powers entity with the
authorities of the local plan authority was created, each local government unit shall adopt the plan individually.
Implementation may occur individually or cooperatively for all or parts of the plan depending on ongoing agreement(s)
between the planning partners. A copy of resolution(s) to adopt the plan must be sent to BWSR In order to be eligible for
grants.
6. Plan Development Definitions
The following definitions are used in this section:
Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us
One Watershed
One Plan . n ^Operating Procedures • Page 17
Local plan authority. For purposes of this policy, a local plan authority means: a county, soil and water conservation
district, or watershed organization with authority to write and implement a local plan. County local water planning
may be delegated with restrictions as per Minnesota statutes §1038.311.
Local water plan. For purposes of this policy, "local water plan" or "water plan" means: a county water plan
authorized under Minnesota statutes §1038.311, a watershed management plan required under §1038.231, a
watershed management plan required under §1030.401 or 1030.405, a county groundwater plan authorized under
§1038.255, or a soil and water conservation district "comprehensive plan" under Minnesota statutes §1030.331,
Subd. 11.
Metropolitan Council. "Metropolitan Council" means the Metropolitan Council created by Minnesota Statutes,
section 473.123.
Plan review agencies. "Plan review agencies" means the Oepartment of Agriculture, the Department of Health, the
Department of Natural Resources, the Pollution Control Agency and the Board of Water and Soil Resources; and the
Metropolitan Council if substituting for or replacing a plan under MM Statutes §1038.231. The Environmental Quality
Board must also receive final submittal.
Plan review authorities. "Plan review authorities" means the Oepartment of Agriculture, the Oepartment of Health,
the Department of Natural Resources, the Pollution Control Agency, the Board of Water and Soil Resources,
counties, cities, towns, soil and water conservation districts, watershed districts, and watershed management
organizations partially or wholly within the watershed; and the Metropolitan Council if substituting for or replacing a
plan under MN Statutes §1038.231.
Minnesota Board of Water & Soil Resources • www.bwsr.state.mn.us
1
CONTRACT FOR LEGAL SERVICES IN CHILDREN IN NEED OF PROTECTION OR SERVICES, PERMANENCY, AND
TERMINATION OF PARENTAL RIGHTS CASES
THIS AGREEMENT made and entered into by and between the COUNTY OF OTTER TAIL and MATTHEW JORUD, SARAH CHESHIRE, AND DAVID PHILLIPE(hereinafter referred
to as “Counsel”) and collectively referred to herein as the “Parties”: RECITALS A. Certain financially eligible parents may, in the discretion of the Otter Tail District Court, be entitled to counsel at public expense; B. The County hereby contracts with Counsel to provide professional legal services and representation of said eligible parents in Children in Need of Protection or Services
(CHIPS), Permanency, and Termination of Parental Rights (TPR) cases; and
C. Counsel are duly licensed, qualified, and willing to perform said services and representation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the Parties
Otter Tail County and Counsel agree as follows: 1. Term. The term of this agreement shall be from July1, 2017 to, and including December 31, 2017 January 1, 2018, through December 31, 2018, for appointments made by the Otter Tail District Court during said term in CHIPS, Permanency, and TPR proceedings, such representation to continue in these cases until they reach conclusion, if approved by the Court. 2. Personnel. Counsel shall provide professional legal advice and representation, in
accordance with the terms of this agreement, in the service categories of CHIPS, Permanency, and TPR cases. All attorneys providing representation under this
contract must meet the statutory and rule requirements, including timelines, for providing this type of representation – including providing supervision/entering
supervision agreements as necessary.
A. Counsel, once appointed, shall assume full responsibility for the case. Counsel shall be responsible for securing Substitute Counsel as necessary. If, after diligent efforts, counsel is unable to secure Substitute Counsel, the appointed counsel must notify Court Administration of efforts made and Court will appoint Substitute Counsel. Said Substitute Counsel shall be subject to approval by the assigned Otter Tail District Court Judge at no additional cost to the County. Once appointed, Substitute Counsel may withdraw from representation only upon
approval of the assigned Otter Tail District Judge.
Commented [NH1]: Each contract agreement will be individually with Matthew Jorud and Brian Geis. A third contract agreement will include Kimberly Stommes and Wanda Gierman for the shared compensation per month.
2
B. The assigned Otter Tail District Judge shall appoint counsel for eligible parents, guardians, or custodians in CHIPS, Permanency, or TPR cases by Court Order;
Court Administration shall assign Matthew Jorud, Sarah Cheshire, or David Phillipe Counsel under court-appointment contracts to represent eligible parents,
guardians, or custodians in a manner that ensures equal distribution of case assignments. Conflict of interest shall be the only reason to decline said
appointments. Any questions or concerns regarding the appointment/assignment process shall be presented to Court Administration in writing.
3. Administration and Support. Counsel shall provide: A. All general administrative services, including scheduling of attorney court appearances necessary to ensure orderly and timely provision of all legal services required herein.
B. Office facilities adequate to perform all legal services required herein.
C. All necessary stationary, office supplies, and office equipment, including, but not limited to, computer equipment, telephones, and copy equipment. Photocopies
are the responsibility of Counsel, except for those made at Otter Tail Court Administration or the Department of Human Services in preparation for trial.
D. All transportation necessary for provision of all legal services required herein. Otter Tail County shall pay attorneys an hourly rate of $75.00 for any travel necessary outside the limits of Fergus Falls and mileage at the same rate per mile as is paid to county employees for mileage incurred while providing representation/services under this agreement. E. Such library and reference materials as Counsel deems necessary.
4. Time Required. Counsel shall work sufficient hours necessary to ensure competent performance of all services required by this contract.
5. Time Records. Counsel agree to maintain, or cause to be maintained, accurate and
complete time records of all attorney work provided pursuant to this agreement, with said time records being kept in orderly and understandable manner. Counsel shall
submit to Otter Tail Court Administration by July 15, 2017 January 15, 2018, and by the 15th of each month thereafter until said cases have reached disposition, a detailed statement, which contains the name of the case, the court file number, a description of service rendered, the date said service was rendered, the number of hours spent on each date service was rendered, all expenses incurred in the representation of parents, guardians, or custodians in these proceedings, as allowed by this agreement, and a total amount due for the expenses incurred during the immediate previous month,
payable by Otter Tail County within thirty days of submission of said statement. Otter Tail County reserves the right to withhold compensation if time record is
submitted more than sixty (60) days past the due date.
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6. Duties and Responsibilities. Counsel shall provide:
A. Legal advice and representation for parents, guardians, and custodians in all
qualifying CHIPS, Permanency, and TPR cases at all stages of the proceedings. A qualifying case is one which meets the eligibility requirements of M.S. 611.17
and 260C.163, subd. 3 thereby resulting in appointment of legal representation by the Court.
B. Counsel shall remain the counsel of record for all cases to which he is appointed prior to December 31, 2017 December 31, 2018. Said appointments shall end on December 31, 2017 December 31, 2018, unless a written agreement is reached between the County and the Counsel. If the Court does not approve the withdrawal of counsel the County agrees to pay the Counsel the hourly sum of $75.00 for completion of files assigned prior to December 31, 2017 December 31,
2018.
C. Counsel are required to ensure that needed Court Appointed Attorney coverage by at least one attorney will be available for Emergency Protective Care hearings
which, whenever possible, are scheduled on Tuesdays and Thursdays at 3:00 p.m.
D. Parties Counsel are required to ensure that at least one of them will attend each Otter Tail County Children’s Justice Initiative meetings and trainings as scheduled periodically, said attendance to be determined by the attorneys. No compensation will be paid for attendance at these meetings or trainings. E. Appearance at CHIPS, Permanency, and TPR hearings will be given priority by the Court and Counsel when scheduling conflicts arise with other Court appearances. Parties Counsel must notify Otter Tail Court Administration as soon as a scheduling conflict is known and work with Court Administration to resolve
the scheduling conflict.
F. Case Counting Methodology
1) When appointed on a child protection case, that appointment shall count as one case regardless of how many children or files the client has in a single
proceeding. This counts as one case because most often there is not extra work or time required for each child. However, if hearings are set separately for different files or separate cases do not track on the same court schedule, with Court approval these may count as separate cases as more work and time will be required. 2) When a parent/client has a CHIPS case that subsequently proceeds to a
Permanency case, whether TPR or Transfer of Custody, the Permanency proceeding constitutes a separate case.
4
3) If a case is closed and then reopened at a later time by a separate petition because there is a new child protection issue and counsel is re-appointed to the
same client, that also constitutes a separate case.
G. Based on the basic principle that each person appearing in court has the right to be represented by counsel, Rule 25.6: Withdrawal or Discharge of Counsel, of the
Minnesota Rules of Juvenile Protection Procedure, will be followed.
7. Compensation. For the term of January 1, 2018, through December 31, 2018, Otter Tail County shall pay Matthew Jorud, Sarah Cheshire, and David Phillipe, the total amount of $36,000 as compensation for the representation of indigent parents and custodians in CHIPS, Permanency, and TPR proceedings. in which appointments are made during the period of July 1, 2017 through December 31, 2017, the sum of $18,000 for each
attorney The $18,000 per attorney shall be paid Payment shall be disbursed in the amount of $3,000.00 per month for each attorney, to be paid on the first day of each
month, beginning July 1, 2017, and continuing to December 31, 2017 beginning January 1, 2018, and continuing through December 31, 2018.
8. Other Provisions. It is further understood and agreed by the Parties Otter Tail County
and Counsel that: A. Any alterations, amendments, deletions or waivers affecting provisions of this contract shall be valid only if reduced to writing and duly signed by the Parties Otter Tail County and Counsel. B. No claim for services, expenses, costs or fees furnished or submitted by Counsel not specifically provided for in this contract will be paid or reimbursed by the County unless service, expense, cost or fee has been specifically ordered by the
assigned Otter Tail District Judge or independently authorized by the County, with amount of payment or reimbursement to be negotiated as appropriate in each
individual case.
C. For purposes of this contract, Counsel are independent contractors as defined by law in the State of Minnesota, and not employed by the County. Neither Counsel
nor their Employees or Subcontractors acquire any tenure rights, nor any other rights or benefits under a County personnel program covering medical and hospital care, sick pay, vacation pay or severance pay. D. Counsel agrees to defend, indemnify and hold Otter Tail County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney fees and expenses arising out of any act or omission
on the part of the Counsel, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of, or with
relation, to any of the work or services to be performed or furnished by Counsel
Commented [NH2]: Insert name for individual contracts.
5
or the subcontractors, partners, or independent contractors or any of their agents or employees under the agreement.
E. No later than November 1, 2017 2018, the Parties Otter Tail County and Counsel
will meet and confer at least once, and more often as necessary, to discuss contract terms and administrative issues for the upcoming calendar year or give
notice by either party to not continue the contract.
F. As required by Minnesota District Court, Counsel must be able to electronically file with the Court’s eFS System. 9. Insurance. Counsel further agree that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this
contract keep in force:
A. Professional Liability: $500,000 per individual; $1,500,000 per incident, (M.S. 466.04);
B. Automobile Coverage: $100,000 per individual; $300,000 per incident;
C. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days’ prior notice thereof to the County. The contractor will furnish the County with certificates of bonding and insurance within thirty (30) days of the signing of this contract. 10. It is understood and agreed that the entire agreement of the parties is contained herein
and that this agreement supersedes all oral agreements and negotiations between the parties, relating to the subject matter hereof, as well as any previous agreements or
Court orders presently in effect between Counsel and the County relating to the subject matter hereof.
11. Data Privacy/HIPPA Requirements.
For purposes of this Contract all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 and the Minnesota Rules implementing the act now in force or hereafter adopted, as well as federal laws on data privacy. The Contractors will strictly comply with adopted, as well as federal laws on data privacy. The Contractor will strictly comply with these statutes and rules. All subcontracts shall contain the
same or similar data practices compliance requirements.
6
The Contractor agrees to maintain and protect all Individual Identifiable Health Information (IIHI) in accordance with all regulations promulgated pursuant to the
Health Insurance Portability and Accountability Act (HIPAA) an applicable state law relating to medical records. Specifically, the Contractor will use the IIHI only to
effectuate the purposes of the agreement and will:
a. Appropriately safeguard IIHI b. Report any misuse of IIHI
c. Secure satisfactory assurances from any subcontractor, if applicable d. Grant individuals access and ability to amend their IIHI e. Make available an accounting of disclosures of an individual’s IIHI f. Release applicable records to the County g. Upon termination, return or destroy all IIHI in accordance with retention schedules
The Agency shall ensure that a joint Release of Information document is completed prior to providing private information to the Contractor, in accordance with
Minnesota Rules, parts 1205.0100 to 1205.2000.
This Agreement shall be effective as of January 1, 2018, and shall remain in full force and effect until December 31, 2018. IN WITNESS WHEREOF, the Parties have hereunto set their hands on the dates below. Counsel: ________________________________ By: ________________________________________________________________
Name Title
________________________________________________________________ Address Date
Counsel: ________________________________ By: ________________________________________________________________ Name Title ________________________________________________________________
Address Date
7
Counsel: ________________________________
By: _______________________________________________________________
Name Title
________________________________________________________________ Address Date
_________________________________________ John Dinsmore, Date County Administrator
_________________________________________ Chair Person Date
Otter Tail County Board of Commissioners
Approved as to form and content: ____________________________________________ David Hauser Date Otter Tail County Attorney FOR THE COUNTY OF OTTER TAIL COURT-APPOINTED COUNSEL
________________________________ ______________________________
County Board Chairman Name
_________________________________
County Administrator
Date: ____________________________ Date: __________________________
Commented [NH3]: Printed name of each attorney
CONTRACT FOR LEGAL SERVICES IN HOSPITALIZATION COMMITMENT PROCEEDINGS, CERTAIN
GUARDIANSHIP/CONSERVATORSHIP, PATERNITY, AND ORDER TO SHOW CAUSE PROCEEDINGS
THIS AGREEMENT made and entered into by and between the COUNTY OF OTTERTAIL and
{INSERT NAME} (hereinafter referred to as “Counsel”): RECITALS A. Certain financial eligible respondents may, in the discretion of Otter Tail District Court, be entitled to counsel at public expense; B. The County hereby contracts with Counsel to provide professional legal services and representation of said eligible respondents in hospitalization commitment proceedings,
certain guardianship/conservatorship, paternity, and Order to Show Cause proceedings; and
C. Counsel are duly licensed, qualified, and willing to perform said services and
representation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, Otter Tail County and Counsel agree as follows: 1. Term. The term of this agreement shall be from January 1, 2018, through December 1, 2018, for appointments made by Otter Tail District Court during said term in hospitalization commitment proceedings, certain guardianship/conservatorship, paternity, and Order to Show Cause proceedings, such representation to continue in these cases until they reach conclusion, if approved by the Court.
2. Personnel.
A. Counsel shall provide professional legal advice and representation in accordance with the terms of this agreement as attorneys to represent persons designated by the Court
who are:
1) Alleged to be mentally ill; chemically dependent; developmentally disabled; mentally ill and chemically dependent; mentally ill and developmentally disabled; developmentally disabled, mentally ill and chemically dependent; and Jarvis-type hearings; 2) Proposed wards and conservatees pursuant to Minnesota Statutes governing guardianship and conservatorship proceedings (now pursuant to 524.5-304, 406 in
any proceedings under 524.5-303, 403);
3) Indigent putative fathers in paternity proceedings; and
4) Persons directed to respond to Orders for Contempt for failure to provide or pay
child support, spousal maintenance, dependent health insurance coverage or other Orders to Show Cause involving indigent persons.
B. Under this Agreement, there is no obligation to represent persons in civil commitment
proceedings alleged to be sexually dangerous persons; persons alleged to have a sexual psychopathic personality; persons alleged to have a psychopathic personality; persons
alleged to be mentally ill and dangerous; or persons alleged to be developmentally disabled and dangerous. C. Counsel, once appointed, shall assume full responsibility for the case. Counsel shall be responsible for securing Substitute Counsel as necessary. If, after diligent efforts, counsel is unable to secure Substitute Counsel, the appointed counsel must notify Court Administration of efforts made and Court will appoint Substitute Counsel. Said
Substitute Counsel shall be subject to approval by the assigned Otter Tail District Court Judge at no additional cost to the County. Once appointed, Substitute Counsel may
withdraw from representation only upon approval of the assigned Otter Tail District Judge.
D. The assigned Otter Tail District Judge shall appoint counsel for eligible persons as
described in above-paragraph A by Court Order; Court Administration shall assign Counsel under court-appointment contracts to represent eligible persons in a manner that ensures equal distribution of case assignments. Conflict of interest shall be the only reason to decline said appointments. Any questions or concerns regarding the appointment/assignment process shall be presented to Court Administration in writing. 3. Administration and Support. Counsel shall provide: A. All general administrative services, including scheduling of attorney court appearances
necessary to ensure orderly and timely provision of all legal services required herein.
B. Office facilities adequate to perform all legal services required herein.
C. All necessary stationary, office supplies, and office equipment, including, but not limited to, computer equipment, telephones, and copy equipment. Photocopies are the
responsibility of Counsel, except for those made at Otter Tail Court Administration or the Department of Human Services in preparation for trial. D. All transportation necessary for provision of all legal services required herein. Otter Tail County shall pay attorneys an hourly rate of $75.00 for any travel to and from client interviews and hearings held outside of Fergus Falls, Minnesota, and mileage at the same rate per mile as is paid to county employees for mileage incurred while
providing representation/services under this agreement. Invoices for travel time and mileage as set forth under this paragraph shall be submitted to the Otter Tail County
Court Administrator by the 15th of each month, beginning January 1, 2018, and continuing to January 15, 2019, which shall set forth:
1) Client name/court file number;
2) Detailed description of services rendered; 3) Date said service was rendered;
4) The number of hours spent on each date service was rendered; 5) The rate of hourly pay ($75.00 per hour);
6) All expenses incurred, as allowed by this order, in the representation of clients in the above-named cases; and 7) A total amount due for the services rendered and expenses incurred; and 8) Covering the immediate past month. E. Such library and reference materials as Counsel deems necessary.
4. Time Required. Counsel shall work sufficient hours necessary to ensure competent performance of all services required by this contract.
5. Time Records. Counsel agree to maintain, or cause to be maintained, accurate and
complete time records of all attorney work provided pursuant to this agreement, with said time records being kept in orderly and understandable manner. Counsel shall submit to
Otter Tail Court Administration by January 15, 2018, and by the 15th of each month thereafter until said cases have reached disposition, a detailed statement, which contains the name of the case, the court file number, a description of service rendered, the date said service was rendered, the number of hours spent on each date service was rendered, all expenses incurred in the representation of parents, guardians, or custodians in these proceedings, as allowed by this agreement, and a total amount due for the expenses incurred during the immediate previous month, payable by Otter Tail County within thirty days of submission of said statement. Otter Tail County reserves the right to withhold compensation if time record is submitted more than sixty (60) days past the due date.
6. Compensation.
For the term of January 1, 2018, through December 31, 2018, Otter Tail County shall pay
{INSERT COUNSEL NAME} the total amount of $12,000 as compensation for eligible persons in hospitalization commitment proceedings, certain guardianship/conservatorship,
paternity, and Order to Show Cause proceedings. Payment shall be disbursed in the amount of $1,000.00 per month to be paid on the first day of each month beginning January 1, 2018, and continuing through December 31, 2018. 7. Other Reimbursement. Counsel shall be reimbursed for only the following costs and expenses in providing
representation pursuant hereto, to the extent approved in advance by a Judge serving Otter Tail County:
a. The cost of employing such expert witnesses as is reasonably required and proper to represent a client hereunder;
b. The costs of all necessary subpoenas (need not be approved in advance); and
c. All reasonable and necessary costs and expenses incurred hereunder on the appeal,
including, but not limited to, filing fees, transcript costs and printing costs.
8. Other Provisions. It is further understood and agreed by Otter Tail County and Counsel that: A. Any alterations, amendments, deletions or waivers affecting provisions of this contract shall be valid only if reduced to writing and duly signed by Otter Tail County and Counsel.
B. No claim for services, expenses, costs or fees furnished or submitted by Counsel not specifically provided for in this contract will be paid or reimbursed by the County
unless service, expense, cost or fee has been specifically ordered by the assigned Otter Tail District Judge or independently authorized by the County, with amount of payment
or reimbursement to be negotiated as appropriate in each individual case.
C. For purposes of this contract, Counsel are independent contractors as defined by law in the State of Minnesota, and not employed by the County. Neither Counsel nor their Employees or Subcontractors acquire any tenure rights, nor any other rights or benefits under a County personnel program covering medical and hospital care, sick pay, vacation pay or severance pay. D. Counsel agrees to defend, indemnify and hold Otter Tail County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney fees and expenses arising out of any act or omission on the part of
the Counsel, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of, or with relation, to any of the work or
services to be performed or furnished by Counsel or the subcontractors, partners, or independent contractors or any of their agents or employees under the agreement.
E. No later than November 1, 2018, Otter Tail County and Counsel will meet and confer
at least once, and more often as necessary, to discuss contract terms and administrative issues for the upcoming calendar year or give notice by either party to not continue the contract. F. As required by Minnesota District Court, Counsel must be able to electronically file with the Court’s eFS System.
9. Insurance.
Counsel further agree that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this contract
keep in force:
A. Professional Liability: $500,000 per individual; $1,500,000 per incident, (M.S. 466.04);
B. Automobile Coverage: $100,000 per individual; $300,000 per incident;
C. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days’ prior notice thereof to the County. The contractor will furnish the County with certificates of bonding and insurance within thirty (30) days of the signing of this contract.
10. It is understood and agreed that the entire agreement of the parties is contained herein and
that this agreement supersedes all oral agreements and negotiations between the parties, relating to the subject matter hereof, as well as any previous agreements or Court orders
presently in effect between Counsel and the County relating to the subject matter hereof.
11. Data Privacy/HIPPA Requirements. For purposes of this Contract all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Ch. 13 and the Minnesota Rules implementing the act now in force or hereafter adopted, as well as federal laws on data privacy. The Contractors will strictly comply with adopted, as well as federal laws on data privacy. The Contractor will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements.
The Contractor agrees to maintain and protect all Individual Identifiable Health
Information (IIHI) in accordance with all regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) an applicable state law
relating to medical records. Specifically, the Contractor will use the IIHI only to effectuate the purposes of the agreement and will:
a. Appropriately safeguard IIHI b. Report any misuse of IIHI c. Secure satisfactory assurances from any subcontractor, if applicable d. Grant individuals access and ability to amend their IIHI e. Make available an accounting of disclosures of an individual’s IIHI f. Release applicable records to the County
g. Upon termination, return or destroy all IIHI in accordance with retention schedules
The Agency shall ensure that a joint Release of Information document is completed prior to providing private information to the Contractor, in accordance with Minnesota
Rules, parts 1205.0100 to 1205.2000.
This Agreement shall be effective as of January 1, 2018, and shall remain in full force and effect until December 31, 2018.
FOR THE COUNTY OF OTTER TAIL COURT-APPOINTED COUNSEL
________________________________ ______________________________
County Board Chairman Name
_________________________________
County Administrator
Date: ____________________________ Date: __________________________
Commented [NH1]: Printed name of each attorney
Page | 1
Non-Consent Agenda Items Tuesday, January 9th, 2018
Motion by , seconded by and unanimously carried, to approve the issuance of
the following deposits to the Commissioner of Transportation:
1. Ditch 8 – Deer Creek (DM Enterprises) - $1,000.00 – (Removal of Vegetation within the
County Ditch Channel)
2. Ditch 48 – Ottertail (Richard Grefe) - $1,000.00 - (Ditch Clean, Remove Vegetation in
MNDOT Ditch)