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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 02/21/2017 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN February 21, 2017 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:32 a.m. Tuesday, February 21, 2017, at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; John Lindquist, Roger Froemming and Lee Rogness present. Vice-Chair Wayne Johnson was present at 9:58 a.m. Approval of Agenda Chair Huebsch called for approval of the Board agenda. Motion by Lindquist, second by Froemming and unanimously carried to approve the Board of Commissioners Agenda of February 21, 2017, as presented. Consent Agenda Motion by Froemming, second by Lindquist and unanimously carried to approve Consent Agenda items as follows: 1. February 7, 2017 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for February 21, 2017 (Exhibit A) 3. Human Services Bills & Claims 4. LG220 Applications for Exempt Permits from MN Deer Hunters Association and Dunvilla Lions Club: --Event March 25, 2017 at Playtime Sports Bar --Event July 1, 2017 at Dunn Town Hall 5. 2017 Tobacco License for Wagon Wheel One Stop REGIONAL TRAIL PROGRAM Otter Tail County Resolution No. 2017 - 13 WHEREAS, the County of Otter Tail supports the grant application made to the Minnesota Department of Natural Resources for the Regional Trail Program. The application for right of way acquisition is needed for the Perham to Pelican Rapids Regional Trail. The trail system is located within Otter Tail County; and WHEREAS, the County of Otter Tail recognizes that it has secured $83,000 in non-state cash matching funds for this project. NOW, THEREFORE, BE IT RESOLVED, if the County of Otter Tail is awarded a grant by the Minnesota Department of Natural Resources, the County of Otter Tail agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The County of Otter Tail will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement; and BE IT FURTHER RESOLVED, the Board of Commissioners of the County of Otter Tail names the fiscal agent for the County of Otter Tail for this project as: Richard West, P.E., Public Works Director/County Engineer 505 South Court St, Suite 1, Fergus Falls, MN 56537-2757 BE IT FURTHER RESOLVED, the County of Otter Tail hereby assures the Perham to Pelican Rapids Regional Trail will be maintained for a period of no less than 20 years. OTC Board of Commissioners’ Minutes February 21, 2017 Page 2 The motion for the adoption of the foregoing resolution was introduced by Commissioner Rogness, duly seconded by Commissioner Lindquist and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Lindquist, Froemming & Rogness, and the following voted against the same: None, and the following were absent: Commissioner Johnson Adopted at Fergus Falls, Minnesota, this 21st day of February, 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ____________ By: __________________________________ Attest: _______________________ Douglas A. Huebsch, Chair John Dinsmore, Clerk Property for Pelican Rapids Highway Garage Motion by Rogness, second by Lindquist and unanimously carried to authorize the Public Works Director to look for an appropriate property to purchase for a highway garage in or near Pelican Rapids. The Public Works Director will develop a checklist for the type of property needed which will facilitate a consolidation of nearby highway garage facilities. Wetland Bank Discussion Public Works Director Rick West discussed proposed wetland legislation that would require the Minnesota Board of Water and Soil Resources (BWSR) to allow wetland credits to be borrowed between service areas throughout the State. Discussion took place regarding specific County highway projects, proposed BWSR funding to purchase credits, high taxpayer cost of wetland credits purchased by BWSR, and the need to educate the public on the process to sell land for wetland mitigation purposes. Proposed Shooting Star Casino on Star Lake Rick West reported that the voluntary Environmental Assessment Worksheet (EAW) being prepared by White Earth Enterprises for the proposed Shooting Star Casino has not been received by the County. White Earth Enterprises has decided they need to do additional analysis of their waste water treatment system; therefore, the voluntary EAW submittal to the County is delayed at the proposer’s request. County Attorney David Hauser discussed concerns that have been raised by the Star Lake Concerned Citizens Group (SLCCG) and perceptions of the County’s role in the process formed by various news articles. Commissioners requested that County Officials prepare a press release to accurately communicate the environmental review process and describe the County’s role in relation to the project. Fidlar Symposium Motion by Rogness, second by Lindquist and unanimously carried to authorize out-of-state travel for Recorder Carol Schmaltz to attend the Fidlar Symposium May 22 – May 25, 2017, in Davenport, IA. Fidlar pays for the hotel and $400 towards travel expenses. Recess & Reconvene At 9:54 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 9:58 a.m. OTC Board of Commissioners’ Minutes February 21, 2017 Page 3 Public Hearing – Administrative Ordinance Revisions Chairman Huebsch opened the Public Hearing for the adoption of the revisions to the Administrative Ordinance. It was noted that no one from the public was present for purposes of commenting on the proposed revisions. Diane Thorson, Public Health Director, stated that the original Administrative Ordinance was adopted in 1984 when the County operated the food, beverage and lodging (FBL) licensing program. The program was later managed by the State of Minnesota and more recently, has transitioned back to Otter Tail County. She reviewed revisions which are needed now to give authority to implement the current FBL license procedures and policies. Discussion took place regarding issues that small businesses may experience during the transition of FBL program management from the State of MN to Otter Tail County and how this is being handled. David Hauser advised that appeals to the Dock Ordinance would be regulated under the Administrative Ordinance not through the Board of Adjustment. The Public Hearing was closed at 10:13 a.m. Resilience Seminar Motion by Lindquist, second by Johnson and unanimously carried to approve Commissioners’ attendance at a Resilience (biology of stress and science of hope) seminar at 6:00 p.m. Monday, February 27, 2017, at the Clarissa Elementary School. RESOLUTION CALLING FOR A PUBLIC HEARING ON A FIVE YEAR CAPITAL IMPROVEMENT PLAN AND AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS Otter Tail County Resolution No. 2017 – 14 BE IT RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota (the County), as follows: 1. Approval of the Five Year Capital Improvement Plan. The County intends to approve its Capital Improvement Plan (the “CIP”) pursuant to Minnesota Statutes, Section 373.40. 2. Approval of the Issuance of Capital Improvement Plan Bonds. The County intends to issue its capital improvement plan bonds (the “Bonds”) to finance renovations and an elevator addition to the Otter Tail County Correctional Facility, as described in the CIP, in order to reduce the debt service on the HRA Bonds and thereby acquire certain public facilities from the HRA, pursuant to Minnesota Statutes, Section 373.40. 3. Public Hearing. A public hearing is hereby scheduled to be held on the approval of the CIP and the issuance of the Bonds at 10:30 a.m. on Tuesday, March 28, 2017, at the Otter Tail County Government Services Building, in Fergus Falls, Minnesota. The County Auditor-Treasurer is hereby authorized and directed to cause notice of such public hearing in substantially the form presented hereto, to be published in the official newspaper of the County not less than fourteen (14) days nor more than twenty-eight (28) days prior to the date of the hearing. The motion for the adoption of the foregoing resolution was introduced by Commissioner Rogness, duly seconded by Commissioner Froemming and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming & Rogness, and the following voted against the same: None OTC Board of Commissioners’ Minutes February 21, 2017 Page 4 Adopted at Fergus Falls, Minnesota, this 21st day of February, 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ____________ By: __________________________________ Attest: _______________________ Douglas A. Huebsch, Chair John Dinsmore, Clerk RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Otter Tail County Resolution No. 2017 – 15 BE IT RESOLVED by the County Board of Commissioners (the "County Board") of the County of Otter Tail, Minnesota (the "County"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of the County's bonds used to reimburse the County for any project expenditure paid by the County prior to the time of the issuance of those bonds. (b) The Regulations generally require that the County make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The County heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The County's bond counsel has advised the County that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application to payments of County project costs first made by the County out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the County to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The County Board hereby authorizes the County Auditor-Treasurer to make the County's Declarations or to delegate from time to time that responsibility to other appropriate County employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the County reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. OTC Board of Commissioners’ Minutes February 21, 2017 Page 5 (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the County, or its authorized representatives under this Resolution, not make Declarations in cases where the County does not reasonably expect to issue reimbursement bonds to finance the subject project costs, and the County officials are hereby authorized to consult with bond counsel to the County concerning the requirements of the Regulations and their application in particular circumstances. (d) The County Board shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the County has made Declarations. 3. Reimbursement Allocations. The designated County officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the County's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the County for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting County Auditor-Treasurer of the County of Otter Tail, Minnesota (the "County"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the County as follows: 1. The undersigned has been and is on the date hereof duly authorized by the County Board of Commissioners to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the County. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: Otter Tail County Correctional Facility, Holding Cell Renovation and Elevator Addition 3. The County reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the County after the date of payment of such costs. As of the date hereof, the County reasonably expects that $1,500,000 is the maximum principal amount of the Bonds which will be issued to finance the Project (See Applicable Document). 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: ______________________________________ County Auditor-Treasurer, Otter Tail, Minnesota OTC Board of Commissioners’ Minutes February 21, 2017 Page 6 The motion for the adoption of the foregoing resolution was introduced by Commissioner Lindquist, duly seconded by Commissioner Johnson and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming & Rogness, and the following voted against the same: None Adopted at Fergus Falls, Minnesota, this 21st day of February, 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ____________ By: __________________________________ Attest: _______________________ Douglas A. Huebsch, Chair John Dinsmore, Clerk Veterans Advisory Panel VSO Charlie Kampa discussed the specifics of forming a Veterans Advisory Group. Commissioners expressed concern about lack of representation of younger veterans in veteran’s organizations and discussed issues with the strict eligibility requirements. Mr. Kampa indicated that this Panel will be working on these types of issues. Motion by Rogness, second by Froemming and unanimously carried to authorize the County Veterans Service Officer to establish a Veterans Advisory Group subject to representation from Veterans organizations from both West and East Otter Tail County. Chairman Huebsch appointed Commissioner Roger Froemming to serve on this committee. National Association of County Veterans Service Officers Contract Training Motion by Johnson, second by Lindquist and unanimously carried to approve out-of-state travel for Laura Nelson to attend NACVSO Contract Training in Omaha, NE, April 10 – April 14, 2017. The training expenses are funded by a grant from the Minnesota Department of Veterans Affairs. Otter Tail County Veterans Expenditures Report Mr. Kampa presented veteran population data, program information, VA Federal expenditures and MN DVA State Soldiers Assistance Program expenditures for CY2011 through CY2016. APPOINTMENT OF COUNTY BOARD CLERK Otter Tail County Resolution No. 2017– 16 Upon the motion of Froemming, seconded by Rogness and passed on a 5-0 vote, the following resolution is hereby adopted by the Otter Tail County Board of Commissioners. RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, that: WHEREAS, the time required for the County Auditor to prepare the agenda and minutes for the regular meetings of the Board of County Commissioners would take the Auditor away from more pressing duties; and WHEREAS, Minnesota Statute 375.49, Subd. 2(f) provides that the County Board may by resolution direct the County Coordinator to assume the responsibilities of Clerk of the County Board; and OTC Board of Commissioners’ Minutes February 21, 2017 Page 7 WHEREAS, Larry Krohn had previously been appointed as County Coordinator pursuant to Minnesota Statute Section 375.48, then contracted to perform the duties of the County Administrator outlined in Minnesota Statute Section 375A.06, and was assigned as Clerk to the Board of Commissioners by resolution dated January 8, 1991; and WHEREAS, it is in the best interests of the efficient administration and management of Otter Tail County that the County Administrator be assigned the duties of the Clerk of the County Board, so as to relieve the Auditor of the burden of preparing the agenda and minutes for the regular meetings of the Board of County Commissioners; and WHEREAS, John Dinsmore has now been contracted to be the Otter Tail County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the County Administrator of Otter Tail County, John Dinsmore, shall serve as Clerk of the County Board of Commissioners, pursuant to Minnesota Statute Section 375.49, Subd. 2(f), and the County Auditor shall not be held responsible for the duties as Clerk to the Board imposed by Section 384.09. Adopted this 21st day of February, 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ____________ By: __________________________________ Attest: _______________________ Douglas A. Huebsch, Chair John Dinsmore, Clerk 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 11:02 a.m. Planning Commission Recommendations Preliminary Plat and Conditional Use Permit – “Prosperity Point”, Prosperity Properties: Motion by Rogness, second by Froemming and unanimously carried to approve the Preliminary Plat titled “Prosperity Hills” based on the revised plan dated November 22, 2016, and to approve a Conditional Use Permit to construct a road to service the plat, with conditions as recommended by the Planning Commission. Conditional Use Permit – Tyler & Rebecca Bjerke: Motion by Johnson, second by Lindquist and carried, with Rogness abstaining, to approve a Conditional Use Permit for site preparation work subject to the revised plan dated February 7, 2017. The motion allows necessary earthmoving for installation of the dwelling footings to be done prior to April 15, 2017, provided appropriate erosion control measures are implemented. Final Plat - TriAcres Motion by Johnson, second by Froemming and unanimously carried to approve the Final Plat of Joan Fudge titled “TriAcres”, a replat of a large lot into 3 residential lots located in Section 7 of Pine Lake Township, Big Pine Lake (56-130). OTC Board of Commissioners’ Minutes February 21, 2017 Page 8 AIS Task Force Recommendations Motion by Johnson, second by Lindquist and unanimously carried to approve the Otter Tail County Aquatic Invasive Species Task Force marketing recommendations as outlined in the AIS Minutes of February 13, 2017. Total cost of the recommended marketing programs is $33,745.00. Application Refunds Approved Motion by Johnson, second by Rogness and unanimously carried to authorize the following Site Permit Application refunds due to fee schedule corrections: Site Permit No. 29157 Site Permit No 29158 17000991712000 – Bass Lake 29000990838000 – Ethel Lake Ahron & Stacey Walter Brian & Jean Davis Paid by H2Design Build Inc. Paid by Jean Davis Refund Due of $100.00 Refund Due of $100.00 Contract for Legal Services Motion by Johnson, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute a Contract for Legal Services for Children in Need of Protection or Services (CHIPS), Permanency, and Termination of Parental Rights Cases (TPR), subject to the review and approval of the County Attorney. Environmental Review Project Motion by Rogness, second by Johnson and unanimously carried to authorize the County Administrator’s signature to execute documents for an Environmental Review Project to be submitted to the U.S. Department of Housing and Urban Development (HUD) that will enable Otter Tail County Housing and Redevelopment Authority (HRA) to use federal funds to complete a five year capital improvements plan on public housing sites in Pelican Rapids, New York Mills, Henning and Underwood. Meeting with Soil & Water Conservation Districts (SWCD) At 11:40 a.m., Chair Huebsch declared the Otter Tail County Board of Commissioners’ meeting recessed for Internal Services and Finance Committee meetings. At 12:05 p.m., Chairman Huebsch opened a luncheon meeting with County and SWCD Officials. The sign- in sheet showed twenty-one in attendance. Discussion took place regarding water resources, redetermination of County ditches, testing of cattail slough filtration system, the buffer law and associated flexibility for various situations, and the need for landowner education. County and SWCD Officials plan to meet annually to discuss continued efforts to protect the County’s water and soil resources. Adjournment 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 28, 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Doug Huebsch, Chair John Dinsmore, Clerk Wayne Johnson, Vice-Chair CB/kd OTC Board of Commissioners’ Minutes February 21, 2017 Exhibit A, Page 1 WARRANTS APPROVED ON 2/21/2017 OTC Board of Commissioners’ Minutes February 21, 2017 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes February 21, 2017 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes February 21, 2017 Exhibit A, Page 4 OTC Board of Commissioners’ Minutes February 21, 2017 Exhibit A, Page 5