Loading...
HomeMy WebLinkAboutBoard of Commissioners - Minutes - 02/07/2017 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN February 7, 2017 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, February 7, 2017, at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Wayne Johnson, Vice-Chair; John Lindquist, Roger Froemming and Lee Rogness present. Approval of Agenda Chair Huebsch called for approval of the Board agenda. Motion by Rogness, second by Lindquist and unanimously carried to approve the Board of Commissioners Agenda of February 7, 2017, with the following additions: Request for Productive Alternatives DT&H License Closed Session – Haddley vs. Next Chapter Consent Agenda Motion by Froemming, second by Rogness and unanimously carried to approve Consent Agenda items as follows: 1. January 24, 2017 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for February 7, 2017 (Exhibit A) 3. Approval of Employees’ Committee Request 4. Approval of Solid Waste Hauler’s License for the City of Fergus Falls Public Meeting – Proposed Feedlots At 9:35 a.m., Chairman Huebsch opened the County Board meeting for public comments regarding the following permit applications: Ardy Johansen, SW¼ of the SE¼, Tordenskjold Township–Turkey Farm Expansion Bryce Blickenstaff, E½ of the SW¼, Section 25, Homestead Township–Turkey Farm Expansion Peter Mursu, NW¼ of the SW¼, Section 1, Otto Township–Construct Feedlot (Turkey Barns) Mursu Brothers Turkeys, SE¼ of the SE¼, Section 32, Otto Township–Construct Feedlot (Turkey Barns) The public meeting is held according to M.S. 116.07, Subd. 7(l). The MN Pollution Control Agency (MPCA) is responsible for issuing a permit for the proposed feedlot operations. The County provides a local forum for the public to express their opinions regarding the proposed projects. No one from the public was present and no written comments were received. Commissioners expressed their support of the agriculture industry which is a core component of Otter Tail County’s economy. They spoke in favor of a balance between the agricultural industry and environmental safeguards to protect water resources. The public meeting was closed at 9:39 a.m. Publication of Arrestees Photos in Detention Facility David Deile spoke to the Board relative to Otter Tail County’s “In Custody List” website photos. He submitted several statutes that, in his opinion, never intended an easy to access website of everyone arrested, not necessarily convicted. Mr. Deile read a statement citing the negative consequences to society of posting the photos. Chief Deputy Barry Fitzgibbons indicated that the Sheriff believes it is an accountability factor to deter crime. The photos are public information. Discussion followed. Motion by Rogness, second by Froemming and unanimously carried to authorize the Chairman to establish an Ad Hoc Committee to further research this issue. OTC Board of Commissioners’ Minutes February 7, 2017 Page 2 Recess & Reconvene At 10:11 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board meeting was reconvened at 10:18 a.m. Day Treatment & Habilitation License Motion by Johnson, second by Rogness and unanimously carried to authorize the appropriate County Officials signatures to execute the Productive Alternatives Determination of Need Application for Proprietary Changes, Reductions and Closures for DT&H services. This is a short term solution for a change in the delivery of these services for disabled individuals. Buffer Law Letter Brad Mergens, EOTSWCD Manager, presented a draft letter to State legislators regarding the State Buffer Law and Otter Tail County Buffer Initiative. Lengthy discussion took place regarding the flexibility in the law that the Board of Water and Soil Resources (BWSR) has indicated can be used on a case-by-case basis. Motion by Froemming, second by Johnson and unanimously carried to approve the draft letter in opposition of the repeal of the Minnesota Buffer Law and in support of the Otter Tail County Initiative to educate and support local landowners. Law Enforcement Licensed Supervisory Collective Bargaining Agreement Motion by Rogness, second by Johnson and unanimously carried to authorize the appropriate County Officials’ signatures to execute the Law Enforcement Labor Services (LELS), Inc. Essential Supervisors Unit Local No. 399 agreement, between the County of Otter Tail and Sheriff’s Supervisory Group, for the period of January 1, 2017 through December 31, 2019. PREMISE PERMIT – PERHAM AREA YOUTH HOCKEY ASSOCIATION Otter Tail County Resolution No. 2017 – 11 Commissioner Lindquist offered the following and moved its adoption: WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and WHEREAS, the Perham Area Youth Hockey Association, Perham, MN, has made an application to the Gambling Control Board for the purpose of conducting lawful gambling at Big Pine Lodge, located at 43606 Mosquito Heights Road in Pine Lake Township of Otter Tail County; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue an initial premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the application for a permit; and WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of lawful gambling by Perham Area Youth Hockey Association, Perham, MN, at Big Pine Lodge, located at 43606 Mosquito Heights Road in Pine Lake Township of Otter Tail County. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the conduct of lawful gambling by the Perham Area Youth Hockey Association, Perham, MN, at Big Pine Lodge, located at 43606 Mosquito Heights Road in Pine Lake Township of Otter Tail County, provided the applicant meets all the necessary criteria for the licenses and permits as required by the Gambling Control Board. OTC Board of Commissioners’ Minutes February 7, 2017 Page 3 IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the Township of Pine Lake by sending them a copy of this resolution. Commissioner Rogness seconded the motion, and upon a unanimous vote, the resolution was adopted. Adopted this 7th day of February 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ____________ ___________ By: __________________________________ Attest: _______________________ Douglas A. Huebsch, Chair John Dinsmore, Clerk RESOLUTION APPROVING SURVEYOR’S CERTIFICATE OF PLAT CORRECTION (Plat Correction for Fleming Patterson Beach) Otter Tail County Resolution No. 2017 - 12 WHEREAS, Pursuant to the provisions of Minnesota Statutes, Chapter 505.174 and 505.175, Brad M. Nyberg, a duly Licensed Land Surveyor in and for the State of Minnesota has prepared a Land Surveyor’s Certificate of Correction to the Plat of Fleming Patterson Beach; and WHEREAS, Pursuant to the provisions of Minnesota Statutes, Chapter 505.176, when the certificate has been approved by the governing body of the area involved and a certificate stating that said plat certificate has been approved by the governing body signed by the clerk of said body is attached to said plat certificate, the county recorder of the county in which the land so platted or subdivided is located shall accept each such certificate for filing and recording in the recorder's office upon payment of a fee therefor commensurate with the length of the certificate. NOW THEREFORE IT IS HEREBY RESOLVED, that the Otter Tail County Board of Commissioners hereby accepts and approves the attached Land Surveyor’s Certificate of Correction to the Plat of Fleming Patterson Beach as prepared by Brad M. Nyberg, a duly Licensed Land Surveyor in and for the State of Minnesota; and BE IT FURTHER RESOLVED, Pursuant to the provisions of Minnesota Statutes, Chapter 505.176, that the Otter Tail County Recorder shall make suitable notations on the record of said Plat to which the attached Land Surveyor’s Certificate of Correction refers to direct the attention of anyone examining said Plat to the record of such certificate. Upon the motion of Commissioner Johnson, seconded by Commissioner Rogness and passed on a 5 -0 vote, the above resolution is hereby adopted by the Otter Tail County Board of Commissioners; Adopted this 7th day of February 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ____________ ___________ By: __________________________________ Attest: _______________________ Douglas A. Huebsch, Chair John Dinsmore, Clerk OTC Board of Commissioners’ Minutes February 7, 2017 Page 4 Red River Valley Development Association (RRVDA) Motion by Lindquist, second by Rogness and unanimously carried to reappoint Commissioner Roger Froemming to the Minnesota Red River Valley Development Association for a three year term effective March 2017. Recess & Reconvene At 10:55 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board meeting was reconvened at 11:05 a.m. Public Health Nurse Position Motion by Lindquist, second by Rogness and unanimously carried to increase the hours of a current Public Health Nurse position. PHN Ann Gibbs will be moving from 24 hours per week to 32 hours per week effective February 16, 2017. Public Health Legislative Update Public Health Director Diane Thorson reported on the 2017 Governor’s Proposed Budget dated January 24, 2017. Included in the proposed budget is a plan to increase license fees for the environmental health programs. Otter Tail County plans to follow the State’s fee structure at the time of license renewal. PartnerSHIP 4 Health Update The Public Health Director submitted the PartnerSHIP 4 Health fact sheet dated November 2015 – October 2016. PartnerSHIP 4 Health received $821,301 of grant funding for activities and projects and leveraged $3,601,161 in additional grants and other dollars during the period of July 2009 – June 2016. Electronic Permitting Land & Resource Director Bill Kalar presented a list of mobile work items needed for the new online permitting process. Motion by Johnson, second by Rogness and unanimously carried to authorize payment for IT equipment for electronic permitting at an approximate one-time cost of $11,557.00 with an ongoing annual cost of $3,024 for hotspots with car adapters. These expenses are approved for payment out of the Compliance Fund with the approval of the County Recorder. Recess & Reconvene At 11:23 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for Public Works and Internal Services Committee meetings. The Board meeting was reconvened at 12:30 p.m. with Commissioners Doug Huebsch, Wayne Johnson, John Lindquist and Lee Rogness present. Engineering Technician Position Motion by Rogness, second by Lindquist and unanimously carried to approve a new Engineering Technician position in the Highway Department as submitted by the Public Works Director. Blandin Foundation Grant Agreement Motion by Johnson, second by Rogness and unanimously carried to accept the Blandin Foundation Grant Award (G-2017-06974) in the amount of $25,000. The grant dollars will be used to conduct a feasibility study to identify options for improving broadband infrastructure and services throughout Otter Tail County as part of the Broadband Program in rural Minnesota. OTC Board of Commissioners’ Minutes February 7, 2017 Page 5 Federal Wetland Dredge and Fill Application – Shooting Star Casino Ty Dayton, President of the Star Lake Concerned Citizens Group, submitted a copy of the public comments that were submitted to the United States Army Corp of Engineers (USACE) for the wetland dredge and fill application for the Shooting Star Casino. Motion by Rogness, second by Lindquist and unanimously carried to acknowledge receipt of the SLCCG letter dated January 27, 2017 and the attached comments regarding the Federal application for the proposed Shooting Star Casino. As part of a separate process, The White Earth Nation is preparing a voluntary Environmental Assessment Worksheet (EAW). There will be a 30-day public comment period established for the voluntary EAW after the EAW is determined to be complete by the Otter Tail County Board of Commissioners. The public comment period begin and end dates will be listed in the notice published in the MN Environmental Quality Board “Monitor” and the local newspaper. State Wetland Bank Legislation Public Works Director Rick West and Commissioner Wayne Johnson testified at a Senate hearing regarding the State Wetland Bank Legislation. Mr. West will continue to monitor progress of the proposed legislation. Closed to the Public At 12:50 p.m., Chair Huebsch declared the Board of Commissioners meeting closed to the public to discuss attorney-client privileged matters involving pending litigation against Otter Tail County in the matter of Haddley vs. Next Chapter Technology, Inc. The closed session is authorized under Attorney-Client privilege, M.S. §13D.05, Subd. 3(b). Present were Commissioners Huebsch, Johnson, Lindquist and Rogness, County Attorney, County Administrator and Board Secretary. Adjournment Upon conclusion of the closed session, at 1:00 p.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, February 21, 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Doug Huebsch, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes February 7, 2017 Exhibit A, Page 1 WARRANTS APPROVED ON 2/07/2017 OTC Board of Commissioners’ Minutes February 7, 2017 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes February 7, 2017 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes February 7, 2017 Exhibit A, Page 4