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Home My WebLink AboutBoard of Commissioners - Minutes - 09/05/2017 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN September 5, 2017 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, September 5, 2017, at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Wayne Johnson, Vice-Chair; John Lindquist and Lee Rogness present. Commissioner Roger Froemming was absent. Approval of Agenda Chairman Huebsch called for approval of the Board Agenda. Motion by Johnson, second by Rogness and unanimously carried to approve the Board of Commissioners Agenda of September 5, 2017, with the following additions: Public Information Officer Position Broadband Resolution Weed Control Minnesota Inter-County Association (MICA) Consent Agenda Motion by Rogness, second by Lindquist and unanimously carried to approve Consent Agenda items as follows: 1. August 22, 2017 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for September 5, 2017 (Exhibit A) 3. Approve the LG220 Application for Exempt Permit-Lakes County Sportsmen’s Club 4. Approve the LG240B Application to Conduct Excluded Bingo-Perham Rotary Club Petition for Removal of LMKP/DLD Area from Ditch 25 Benefitted Land Ditch Inspector Kevin Fellbaum submitted a Petition for Removal of Property in the Matter of County Drainage System No. 25. The Little McDonald, Kerbs, Paul Lakes and Devils and Little Devils Lakes original drainage project was intended to enter Ditch 25. An outlet fee was accepted and the area was included in the Ditch No. 25 drainage system. This project was subsequently abandoned and a different drainage project has been developed. Motion by Rogness, second by Lindquist and unanimously carried to schedule a Public Hearing to consider the Petition for Removal of the LMKP/DLD Area from Ditch 25 at 1:00 p.m. on Tuesday, October 24, 2017. Luncheon Meeting with MICA Motion by Johnson, second by Rogness and unanimously carried to invite officials from the Minnesota Inter- County Association (MICA) to a lunch meeting during a regularly scheduled County Board meeting on Tuesday, November 28, 2017. Discussion Regarding Weed Control Commissioners expressed concern about reports from citizens regarding weed control chemicals used in highway ditches. Motion by Rogness, second by Lindquist and unanimously carried to refer this matter to the Public Works Committee for further investigation. OTC Board of Commissioners’ Minutes September 5, 2017 Page 2 BRRWD Annual Report Buffalo-Red River Watershed District (BRRWD) Administrator Bruce Albright submitted the BRRWD 2016 Annual Report. He summarized the BRRWD activities and briefed the Board on major projects completed and in process. Many of these projects provide flood mitigation and enhance the area it serves. He indicated that the Red River Board/organizations are still in the process of restructuring. The fall tour is scheduled to begin at 1:30 p.m. on Thursday, September 28, 2017, at the Nordick Farm where a Drainage Water Management (DWM) Demonstration project has been completed. Public Meeting – Tony & Erik Peeters Farm At 10:20 a.m. Chairman Huebsch opened the Public Meeting for comment on an Animal Feedlot Storage Permit Application submitted to the MN Pollution Control Agency for the Peeters Farm. The Peeters Farm is an existing operation and is adding a pole shed/barn for the current number of animals. 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 project. As submitted by the owners of the operation, letters were provided to neighbors within 5,000’ of the operation. No one from the public was present and no written comments were received. Chairman Huebsch closed the Public Meeting at 10:25 a.m. Recess & Reconvene At 10:25 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:30 a.m. WCRJC Update West Central Regional Juvenile Center (WCRJC) Director Steve Larson and Probation Director Desta Lutzwick presented a short-term plan for increasing the number of beds available. Recently, the need for secure detention for juveniles has been increasing. The long-term plan for the facility is to add on a building to the facility. Discussion took place regarding the number of beds currently being used by Otter Tail County and the number of beds purchased in the 2018 budget. Commissioners indicated that the out-of-home placement/secure detention system is a topic for MICA to discuss with legislators. Out-of-State Travel – National Academy Motion by Johnson, second by Rogness and unanimously carried to authorize out-of-state travel for Chief Deputy Barry Fitzgibbons to attend the FBI National Academy for a 10-week course of study in forensics, policy management, policing trends and communication. The Academy is held in Quantico, Virginia, January through March of 2018. Recess & Reconvene At 11:05 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for Public Works Committee and lunch break. The meeting was reconvened at 1:10 p.m. Approval of Pictometry Contract Motion by Johnson, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute the Pictometry Contract between Pictometry International Corp., MN Counties Computer Cooperative (MCCC) and the County of Otter Tail, as presented by the Land Services Director. Lead Social Worker Position Motion by Rogness, second by Lindquist and unanimously carried to approve a Lead Social Worker position to work primarily in the Child Protection Unit. The position will be filled internally in 2017 as approved by the Finance Committee. OTC Board of Commissioners’ Minutes September 5, 2017 Page 3 Drug Testing Solutions Contract Motion by Rogness, second by Lindquist and unanimously carried to approve a Purchase of Service Agreement between the County of Otter Tail and Drug Testing Solutions of Perham, MN. The Agreement is effective from September 1, 2017 through December 31, 2018, for families referred from Human Services. Public Information Officer Motion by Johnson, second by Lindquist and unanimously carried to approve a Public Information Officer position as presented by the External Relations Director. Closed to the Public At 1:20 p.m., Chair Huebsch declared the Board meeting closed to the public for purposes of discussing labor negotiation strategies for all bargaining unions, either at the next negotiation session or on an interim basis by way of a Memorandum of Understanding. Present were Commissioners Huebsch, Johnson, Lindquist and Rogness, Human Resources Director, County Attorney, County Administrator and Board Secretary. At 1:55 p.m., Chairman Huebsch declared the closed session adjourned and recessed the Board of Commissioners meeting for an Internal Services Committee meeting. Proposed County Buffer Ordinance At 2:09 p.m., Chairman Huebsch opened the Board of Commissioners meeting. Soil & Water Conservation District (SWCD) Manager Brad Mergens, Board of Water & Soil Resources (BWSR) Conservationist Pete Waller and County Officials presented a draft Model County Buffer Ordinance for Otter Tail County. The Ordinance provides the process for buffer law implementation. Motion by Johnson, second by Lindquist and unanimously carried to include the following Administrative Penalty Order (APO) within the proposed Ordinance: 6.2 Administrative Penalty Order (APO). (a) Initial violation. The penalty for a landowner on a single parcel that has not previously been the subject of an APO issued by the County shall be: i. $0 for 11 months after issuance of the Corrective Action Notice; ii. $100 per parcel per month for the first six (6) months (180 days) following the time period in i; and iii. $400 per parcel per month after six (6) months (180 days) following the time period in ii. (b) Repeat violation. The penalty for a land owner on a single parcel that has previously been the subject of an APO issued by the County shall be: i. $100 per parcel per day for 180 days after issuance of the Corrective Action Notice; and ii. $400 per parcel per day for after 180 days following the time period in i. Motion by Rogness, second by Johnson, and unanimously carried to schedule the Public Hearing for consideration of adoption of a proposed Otter Tail County Buffer Ordinance at 2:00 p.m. on Tuesday, November 28, 2017, during a regular County Board meeting located at the Government Services Center in Fergus Falls, MN. OTC Board of Commissioners’ Minutes September 5, 2017 Page 4 Findings of Fact – Proposed Star Lake Casino Development HEI Engineer Larry Kramka and Commissioners discussed the proposed Findings of Fact and EIS Fee Estimate for the Star Lake Casino Development. Motion by Johnson and second by Lindquist to adopt the Findings of Fact, Conclusions of Law and Order, in the matter of the decision of Need for an Environmental Impact Statement for the Star Lake Casino Development and the Technical Memorandum for the scoping for the EIS Fee Estimate dated September 1, 2017 (PN R166394-012). The documents can be found on the County website (http://www.co.ottertail.mn.us) on the Star Lake Casino page. Chairman Huebsch called for a vote with the members of the Otter Tail County Board of Commissioners voting as follows: Commissioner For Against Absent Doug Huebsch X Wayne D. Johnson X John Lindquist X Roger Froemming X Leland R. Rogness X Highway Contracts Seasonal Supply of Salt: Motion by Rogness, second by Johnson and unanimously carried to authorize the appropriate County Officials’ signatures to execute a Contract between the County of Otter Tail and L & O Acres Transport, Inc. of Westport, SD, for the seasonal supply of salt for the 2017-2018 winter season. Culvert Crossing – Crane & Clitherall Lakes: Motion by Johnson, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute Amendment 1 to Contract #127574, in the amount of $72,000.00, for funding the fish passage project between Crane and Clitherall Lakes. S.A.P. 056-652-014 – CSAH 52: Motion by Johnson, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute a Highway Construction Contract between the County of Otter Tail and Riley Bros. Construction, Inc. of Morris, MN, for bridge removal, installation of culvert, and approach grading on CSAH 52 over Unnamed Stream Northeast of Deer Creek. DETOUR FOR S.P. NO. 5619-11 Otter Tail County Resolution No. 2017-60 IT IS RESOLVED that Otter Tail County enter into Mn/DOT Agreement No. 1029237 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the County for the use of County State Aid Highway 35 as a detour route during contract construction to be performed upon, along and adjacent to Trunk Highway No. 78 from Trunk Highway No. 94 to Trunk Highway No. 210 under State Project No. 5619-11 (T.H. 78=180). IT IS FURTHER RESOLVED that the County Board Chair and the County Board Clerk area authorized to execute the Agreement and any amendments to the Agreement. Motion for the foregoing Resolution was made by Commissioner Lindquist and seconded by Commissioner Johnson and upon a vote being duly taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, and Rogness, and the following were absent: Commissioner Froemming OTC Board of Commissioners’ Minutes September 5, 2017 Page 5 WHEREUPON, the Resolution was declared duly passed and adopted the 5th day of September 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Award of Phelps Mill Park Maintenance Garage Project Motion by Rogness, second by Johnson and unanimously carried to approve the low quote, in the amount of $34,842.00, from Quality Construction of Fergus Falls, MN, for a Maintenance Garage at the Phelps Mill Park. Bid Opening – LMKP/DLD Outlet Project Public Works Director Rick West reported that the Engineers for the Little McDonald, Kerbs and Paul Lakes/Devils and Little Devils Lakes Outlet Project will proceed with bid opening October 3, 2017. Tentative contracts award date is October 10, 2017. FHWA Local Roadway Safety Peer Exchange Motion by Rogness, second by Johnson and unanimously carried to authorize out-of-state travel for Public Works Director Rick West to travel to Greenville, SC, to be a presenter regarding Minnesota local road safety plans and Otter Tail County’s experience with these plans. RESOLUTION SUPPORTING BORDER-TO-BORDER BROADBAND DEVELOPMENT GRANT PROGRAM APPLICATIONS Otter Tail County Resolution No. 2017 - 61 WHEREAS: The Otter Tail County Board of Commissioners is aware of the Minnesota Department of Employment and Economic Development Border-to-Border Broadband Development Grant Program for the expansion of broadband service to areas of Minnesota that are unserved or underserved, AND WHEREAS: The Otter Tail County Board of Commissioners agrees that broadband is an essential part of community infrastructure, AND WHEREAS: The Otter Tail County Board of Commissioners believes broadband is an expectation of residents and business and is directly connected to opportunities for enhancing the economic prosperity in the County; AND WHEREAS: Otter Tail County has many seasonal and part-time residents who would permanently reside in Otter Tail County if they had access to high speed internet capable of facilitating telework; AND WHEREAS: The Otter Tail County Board of Commissioners recognizes that the financing of broadband infrastructure is challenging and recognize that grants such as the Border-to-Border Broadband Development Grant may encourage new and existing providers to invest in building infrastructure into unserved and underserved areas; AND WHEREAS: Virtually all of Otter Tail County has been designated “unserved” or “underserved” by MN DEED for the purposes of this grant and therefore eligible for grant support. OTC Board of Commissioners’ Minutes September 5, 2017 Page 6 NOW THEREFORE BE IT RESOLVED THAT: The Otter Tail County Board of Commissioners hereby encourages and supports local service providers in applying for the Border-to-Border Broadband Development Grant Program and instruct staff to write letters of support if/when requested by the service providers. The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist and Rogness and the following were absent: Commissioner Froemming Adopted at Fergus Falls, Minnesota, this 5th day of September 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Disability Services Annual Report Supervisor Melanie Courrier reported that there are nine (9) social workers/case managers and 4 MnCHOICES Assessors in the Otter Tail County Disabilities Services Unit. This unit provides case management for individuals on the Developmental Disabilities (DD), Community Alternatives for Disability Inclusion (CADI), Community Alternative Care (CAC), and Brain Injury waivers. Currently, 622 individuals receive case management services through the Disability Services Unit which helps them access needed services. MnCHOICES is the system used for completing annual reassessments for these programs. Administrator John Dinsmore reported that this unit manages 125 million dollars annually for people with disabilities. REQUEST TO REPURCHASE TAX FORFEITED PROPERTY Otter Tail County Resolution No. 2017 - 62 Commissioner Rogness introduced the following resolution and moved its adoption: RESOLVED, by the Otter Tail County Board of Commissioners of Otter Tail County, Minnesota, that WHEREAS, Douglas S and Sara M Burleson, owners, have made application to repurchase the following legally described parcel: Parcel No. 29-000-34-0236-007 All that part of Government Lots 3 and 5, Section 34, Township 133, Range 39, Otter Tail County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 34; thence on an assumed bearing of North 01°27’42” West along the West line of said Section 34, a distance of 343.85 feet; thence North 88°16’16” East a distance of 79.98 feet; thence North 1°27’42” West a distance of 50.00 feet; thence North 55°13’40” East a distance of 130.03 feet to the point of beginning of the land to be described; thence North 40°47’41” East a distance of 156.73 feet; thence South 53°51’57” East a distance of 15.00 feet; thence North 36°08’03” East a distance of 190.50 feet; thence South 57°11’30” East a distance of 89.30 feet; thence North 34°55’11” East a distance of 143.51 feet; thence North 23°44’18” East a distance of 158.97 feet; thence OTC Board of Commissioners’ Minutes September 5, 2017 Page 7 North 02°44’20” East a distance of 27.49 feet; thence North 03°34’50” East a distance of 154.97 feet; thence North 06°49’32” East a distance of 50.00 feet; thence North 88°49’32” East a distance of 270.20 feet; thence South 01°30’30” East a distance of 627.97 feet; thence North 88°36’26” East a distance of 329.11 feet; thence South 00°41’27” West a distance of 190.53 feet; thence South 03°49’18” West a distance of 367 feet more or less to the northerly shoreline of the creek connecting East and West Battle Lake; thence northwesterly, westerly and southwesterly, along said shoreline to the South line of said Government Lot 5; thence South 89°51’37” West along said South line, a distance of 350 feet more or less, to said West Quarter corner; thence North 35°01’22” East a distance of 394.11 feet to a ½ inch diameter iron monument capped with MN License No. 18164; thence North 18°32’15” West a distance of 155.62 feet to the point of beginning. Subject to the rights of the public in 227th Street across the northwesterly corner thereof. Subject to easements and reservations of record. Together with an easement for ingress and egress purposes over, under and across that part of Government Lot 5, Section 34, Township 133, Range 39, Otter Tail County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 34; thence on an assumed bearing of North 01°27’42” West along the West line of said Section 34, a distance of 343.85 feet; thence North 88°16’16” East a distance of 79.98 feet; thence North 01°27’42” West a distance of 50.00 feet; thence North 55°13’40” East a distance of 130.03 feet; thence North 40°47’41” East a distance of 156.73 feet; thence South 53°51’57” East a distance of 15.00 feet; thence North 36°08’03” East a distance of 190.50 feet; thence South 57°11’30” East a distance of 89.30 feet; thence North 34°55’11” East a distance of 143.51 feet; thence North 23°44’18” East a distance of 158.97 feet; thence North 02°44’20” East a distance of 27.49 feet; thence North 03°34’50” East a distance of 154.97 feet; thence North 06°49’32” East a distance of 50.00 feet to the point of beginning of the land to be described; thence North 88°49’32” East a distance of 144.38 feet; thence North 01°31’42” West a distance of 66.01 feet to the centerline of 227th Street; thence South 71°59’52” West along said centerline, a distance of 125.65 feet; thence southwesterly, along said centerline, on a tangential curve concave to the northwest, having a radius of 300.00 feet and a delta angle of 04°00’36”, for an arc distance of 21.00 feet to the intersection with a line which bears North 06°49’32” East from the point of beginning; thence South 06°49’32” West a distance of 24.50 feet to the point of beginning. Together with all hereditaments and appurtenances belonging thereto. Said property having forfeited to the State of Minnesota on the 2nd day of August 2017, for nonpayment of the 2013, 2014, 2015, 2016, and 2017 property taxes, and WHEREAS, an application to repurchase the above described property was timely submitted on Monday, August 28, 2017, and WHEREAS, the sum of $2,452.53 represents the aggregate of all delinquent and current taxes, penalties, costs, assessments, and fees as of September 30, 2017, that would have been due and payable had the above described parcel not forfeited to the State of Minnesota, and WHEREAS, the applicants have requested that the Otter Tail County Board of Commissioners consider their application to repurchase the above-described parcel and has requested that the Otter Tail County Board of Commissioners approve the applicant’s request to repurchase the above-described property. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the repurchase of the above described tax forfeited property, and BE IT FURTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby finds that the repurchase will promote and best serve the public interest, and that it will relieve any undue hardship which may have resulted from the forfeiture. OTC Board of Commissioners’ Minutes September 5, 2017 Page 8 Commissioner Lindquist seconded the motion, and upon being put to vote, the resolution was adopted on a 4 – 0 vote, with Commissioner Froemming absent. Adopted this 5th day of September 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Tax Forfeited Properties in Ottertail City Auditor-Treasurer Wayne Stein discussed the properties located at 209 Lake Avenue and 227 Main Street in Ottertail City. No action was taken regarding the property located at 209 Lake Avenue. Motion by Rogness, second by Johnson and unanimously carried to authorize a payment plan for the repurchase of the property located at 227 Main St., Ottertail, MN as follows: 20% down with 5-year payment plan at 10% interest with a decision and down payment required by September 30, 2017. Capital Assistance Program (CAP) Grant Assistant Solid Waste Director Zach Fjestad presented a document titled “Sold Waste Processing Facilities Capital Assistance Program (CAP)” and briefed the Board on potential grant funding to add several counties to the solid waste single-sort project to facilitate a Regional Project. Letters of support from counties in the service area will be needed for the grant application. Motion by Lindquist, second by Rogness and unanimously carried to authorize Mr. Fjestad to write a letter of support for the CAP Grant on behalf of the Otter Tail County Board. Certificate of Correction to Plat – Wenstrom Beach Motion by Johnson, second by Lindquist and unanimously carried to approve the Land Surveyor’s Certificate of Correction to Plat for Wenstrom Beach as submitted by Glenn Howe, Professional Land Surveyor, dated August 23, 2017. Adjournment At 3:54 p.m., Chairman Huebsch declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, September 26, 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Doug Huebsch, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes September 5, 2017 Exhibit A, Page 1 WARRANTS APPROVED ON 9/05/2017 OTC Board of Commissioners’ Minutes September 5, 2017 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes September 5, 2017 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes September 5, 2017 Exhibit A, Page 4 OTC Board of Commissioners’ Minutes September 5, 2017 Exhibit A, Page 5