HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/28/2017
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN
November 28, 2017
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, November 28, 2017, 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. Commissioner
Froemming was absent at 3:00 p.m. Approval of Agenda Chair Huebsch called for approval of the Board Agenda. Motion by Rogness, second by Froemming and unanimously carried to approve the Board of Commissioners Agenda of November 28, 2017, with the following additions: Sheriff Department – Out-of-State Travel Request 2018-2019 MFIP Biennial Service Agreement Viking Library Update
AIS Dock Ordinance Discussion
Consent Agenda
Motion by Froemming, second by Lindquist and unanimously carried to approve Consent Agenda items as
follows:
1. November 14, 2017 Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for November 28, 2017 (Exhibit A)
3. Human Services Bills & Claims
West Central Regional Juvenile Center (WCRJC) Probation Director Desta Lutzwick discussed a proposed expansion project for the WCRJC in Moorhead. Otter Tail County is 1 of 11 member-counties currently participating in services for juveniles at the facility. Ms. Lutzwick indicated that the project would double the size of the facility with a 20-year contract agreement required by each member county. Discussion took place regarding the Opt Out Clause, financing ownership in a building Otter Tail County does not own, and the possibility of reducing usage for short term cases. Commissioners requested that Otter Tail County consider all options regarding juvenile secure detention
services. Motion by Johnson, second by Rogness and unanimously carried to approve Commissioners’
attendance at an open meeting with Clay County and WCRJC at 9:30 a.m., Monday, December 11, 2017,
at Creative Care for Reaching Independence (CCRI) in Moorhead to discuss this project.
Continued Public Hearing – Drainage System #48
Chairman Huebsch opened the continued Public Hearing for Ditch #48. Ditch Inspector Kevin Fellbaum indicated that this Hearing is continued from October 24, 2017. He stated that County Officials met with Otto Township officials about drainage work they completed about 7 years ago that facilitated water flow into Ditch 48. They discussed two options; 1) petitioning for the properties draining into the ditch to join the ditch, or 2) close the drainage ditch that had been dug and remove the properties from the Ditch 48 system and redetermination of benefits. Motion by Rogness, second by Froemming and unanimously carried to extend the Public Hearing for the redetermination of benefits for Ditch #48 to January 22, 2018 at 7:00 p.m. at the Law Enforcement Center in Ottertail City. The meeting will be for property owners within the Ditch 48
catchment basin and will provide information of what can be done moving forward regarding the ditch system.
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Closed to the Public
At 10:15 a.m., Chair Huebsch declared the Board of Commissioners meeting closed to the public to discuss
attorney-client privileged matters involving potential opioid litigation. The closed session is authorized under
Attorney-Client privilege, M.S. §13D.05, Subd. 3(b). Present were all five seated Commissioners, County Attorney, County Administrator, and Board Secretary. At 10:45 a.m., Chair Huebsch declared the meeting recessed for a short break. Litigation Hold for Opioid Litigation At 10:55 a.m., the Board of Commissioners’ meeting was opened to the public. Motion by Johnson, second by Froemming and unanimously carried to direct that Otter Tail County place a litigation hold on opioid information in anticipation of joining a class action lawsuit with other governmental entities.
Recorder’s Office
2019 Laredo Fees:
Motion by Rogness, second by Johnson and unanimously carried to approve the Recorder’s office proposed
fee schedule as presented and attached as Exhibit B. The new fee schedule will be effective January 1,
2018.
Fee Increase for Fax/Email: Motion by Johnson, second by Rogness and unanimously carried to increase the fax and email fee from $5.00 to $10.00 each as requested by the Recorder. The increase is effective January 1, 2018. Out-of-State Travel: Motion by Johnson, second by Rogness and unanimously carried to approve out-of-state travel for the Recorder to attend a Property Records Industry Association conference February 26, 2018 to March 1, 2018, in New Orleans. Approximate hotel cost is $683.00 and airfare about $450.00 which will be paid out of the
Technology Fund.
Sheriff’s Office
Grant for Safety Equipment;
Motion by Lindquist, second by Froemming and unanimously carried to authorize the Sheriff’s Office to apply
for a grant from the West Central Emergency Management Service for $500.00 for medical equipment for the SWAT team. Out-of-State Travel: Motion by Froemming, second by Johnson and unanimously carried to approve out-of-state travel for Deputy Jordan Anderson to attend a Life Savers Conference in San Antonio, TX, April 21, 2018 to April 24, 2018. Soil and Water Conservation District (SWCD) Meeting
Motion by Rogness, second by Froemming and unanimously carried to authorize Commissioners to attend
the SWCD Water Summit at 11:00 a.m. Thursday, November 30, 2017, at The Cactus in Perham.
Aquatic Invasive Species (AIS) Dock Ordinance Discussion
County Attorney David Hauser reported on existing State law regarding placement of contaminated
equipment into clean lakes. The AIS Committee is discussing existing State law and the potential to develop a self-reporting permit system when docks and other equipment are placed into clean lakes.
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Website Development Update
Communications Director Nick Leonard and E-Government Administrator Scott Backstrom, reviewed the
analysis of the County’s current website provided by OnSharp including; 1) Goal Assessment & Focus
Groups, 2) Website Peer Comparison, 3) Platform Comparisons, and 4) Review of Findings and Discussion
of Next Steps with Stakeholders. Mr. Leonard indicated that the County’s recommendation after thorough
analysis is to pursue a WordPress format for the County’s website. Motion by Johnson, second by Rogness and unanimously carried to authorize the Communications Director to solicit formal proposals for developing a WordPress website for Otter Tail County. Commissioner Johnson requested organizing a non-County User Group after the new site is developed to help keep it relevant to the consumers. Minnesota Family Investment Program (MFIP) Agreement Motion by Rogness, second by Froemming and unanimously carried to authorize the appropriate County Officials’ signatures to execute the MFIP 2018-2019 Biennial Service Agreement as presented by the Human
Services Director.
Viking Library Board
Motion by Rogness, second by Johnson and unanimously carried to reappoint Commissioner
Roger Froemming to represent Otter Tail County on the Viking Library Board effective January 1, 2018.
Commissioners requested that the Administrator gather information regarding the Viking Library services to share with area townships and other interested parties. Recess & Reconvene At 11:40 a.m., Chair Huebsch recessed the Board of Commissioners’ meeting for several committee meetings including a lunch meeting with Minnesota Inter-County Association (MICA) Director Keith Carlson. Mr. Carlson and County Officials reviewed the 2018 State Legislative Outlook. Vice-Chair Johnson reconvened the Board of Commissioners’ meeting at 1:54 p.m. with Commissioners Johnson, Lindquist,
Froemming and Rogness present. Chairman Huebsch was present at 1:58 p.m.
Department of Natural Resources (DNR) Property Sale
DNR Officials and Conservation Committee members met with the Board to discuss the proposed sale of
Otter Tail County Parcel No. 25-000-01-0006-023 located between Otter Tail and Blanche lakes.
Commissioner Johnson indicated that the parcel is not developable and there has been interest expressed
from surrounding landowners to keep this parcel in its natural state. Otter Tail County is not interested in purchasing the property; however, the County could facilitate a purchase by other conservation entities. There was also a suggestion that this property be used as wetland credits for highway projects. Conservation Committee members will meet early December 2017 to research possibilities. Motion by Johnson, second by Lindquist and unanimously carried to request the County Administrator draft a letter to Amy Schwarz, DNR Land Sales and Conservation Easement Stewardship Coordinator, indicating that Otter Tail County is interested in exploring options for Parcel No. 25-000-01-0006-023 and request delay of the sale of this parcel of land.
Otter Tail County Buffer Ordinance
At 2:20 p.m. Chair Huebsch opened the meeting for discussion of a proposed Buffer Ordinance. The
proposed Ordinance was posted on the County website for review. Brad Mergens, West Otter Tail Soil and
Water Conservation District Manager, stated that there have been no letters received regarding the
Ordinance. He reviewed the County’s process to assist landowners in complying with the Ordinance. There are about 150 compliance waivers that offer extension to land owners to June 1, 2018 and the SWCD Officials are working with the County on buffer strips around County ditches. The proposed Ordinance includes all public waters. All developed lakes are in compliance. The SWCDs are responsible for ongoing inspections/compliance. Chair Huebsch opened the meeting to public comment.
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Dale Menze, Farmer, spoke in opposition of the proposed Buffer Ordinance and encouraged the County to
let the State of Minnesota take care of buffer strip compliance. He expressed opposition to the way buffer
strips are applied to developed lakes and indicated this is detrimental to good water quality in our lakes. Rick Drevlow, Farmer and Member of the WOTSWCD, spoke in favor of the proposed Buffer Ordinance. He stated that water quality is important to every resident of the State of Minnesota and encouraged the Board to approve the Ordinance. At 2:20 p.m., Chair Huebsch declared the Buffer Ordinance Public Hearing closed. Action regarding the Ordinance will take place at the next regular County Board meeting.
Recess & Reconvene
At 2:44 p.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed
for a short break. The meeting was reconvened at 2:55 p.m.
December 12, 2017 County Board Meeting Time Change
Motion by Johnson, second by Froemming and unanimously carried to change the December 12, 2017,
County Board meeting time to begin at 3:00 p.m. instead of 9:30 a.m. The County’s Budget and Levy Public Hearing will follow the Board meeting at 6:00 p.m. SPONSORING AGENCY FOR TRANSPORTATION ALTERNATIVES PROJECT Otter Tail County Resolution No. 2017 - 79 BE IT RESOLVED THAT: Otter Tail County agrees to act as sponsoring agency for a "Transportation Alternatives" project identified as County State Aid Highway 1 Trail - Phase 2 and has reviewed and approved
the project as proposed. Sponsorship includes a willingness to secure and guarantee the local share of
costs associated with this project and responsibility for seeing this project through to its completion, with
compliance of all applicable laws, rules and regulations.
BE IT FURTHER RESOLVED THAT: Richard K. West, P.E., County Engineer is hereby authorized to act as
agent on behalf of this sponsoring agency. The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly seconded by Commissioner Lindquist, and, after discussion thereof and upon vote being taken thereon, the resolution was adopted on a 4-0 vote with Commissioner Froemming absent. Adopted at Fergus Falls, Minnesota, this 28th day of November 2017
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _____________________
By: __________________________________ Attest: _________________________
Doug Huebsch, Chair John Dinsmore, Clerk
AGREEMENT TO MAINTAIN FACILITY FOR TRANSPORTATION ALTERNATIVES PROJECT Otter Tail County Resolution No. 2017 - 80 WHEREAS: The Federal Highway Administration (FHWA) requires that states agree to operate and maintain facilities constructed with federal transportation funds for the useful life of the improvement and not change the use of right of way or property ownership acquired without prior approval from the FHWA; and
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WHEREAS: Transportation Alternatives projects receive funding; and
WHEREAS: the Minnesota Department of Transportation (Mn/DOT) has determined that for projects
implemented with alternative funds, this requirement should be applied to the project proposer; and
WHEREAS: Otter Tail County is the sponsoring agency for the Transportation Alternatives project identified as County State Aid Highway 1 Trail - Phase 2 THEREFORE, BE IT RESOLVED THAT: the sponsoring agency hereby agrees to assume full responsibility for the operation and maintenance of property and facilities related to the aforementioned Transportation Alternatives project.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly
seconded by Commissioner Lindquist, and, after discussion thereof and upon vote being taken thereon, the
resolution was adopted on a 4-0 vote with Commissioner Froemming absent.
Adopted at Fergus Falls, Minnesota, this 28th day of November 2017
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _____________________ By: __________________________________ Attest: _________________________ Doug Huebsch, Chair John Dinsmore, Clerk RESOLUTION ACCEPTING RESPONSIBILITY AS THE SPONSORING AGENCY Otter Tail County Resolution No. 2017 - 81
BE IT RESOLVED THAT: Otter Tail County act as sponsoring agency for a "Local Road Improvement
Program" project identified as City of Perham 7th Avenue NE has reviewed and approved the project as
proposed. Sponsorship includes acting as the fiscal agent, keeping the project on schedule, and ensuring
that all program documentation and requirements are met, with compliance of all applicable laws, rules and
regulations. BE IT FURTHER RESOLVED THAT: Richard K. West, P.E., County Engineer is hereby authorized to act as agent on behalf of this applicant. 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 resolution was adopted on a 4-0 vote with Commissioner Froemming absent.
Adopted at Fergus Falls, Minnesota, this 28th day of November 2017
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _____________________
By: __________________________________ Attest: _________________________ Doug Huebsch, Chair John Dinsmore, Clerk
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Reduce Retainage – S.A.P. 056-684-002 (CSAH 84)
Motion by Rogness, second by Lindquist and unanimously carried to approve reduction of retainage to 2%
for the CSAH 84 highway project until the rest of the pavement markings and seeding is completed next
spring. The contractor is Central Specialties, Inc. of Alexandria MN. Tuition Assistance Motion by Johnson, second by Rogness and unanimously carried to approve a Seasonal Employee Tuition Assistance Agreement between Otter Tail County and Craig A. Rintala as presented by the Public Works Director and dated 11-28-2017. Tobacco License
Motion by Lindquist, second by Johnson and unanimously carried to approve the Tobacco License
Application for the Dalton Municipal Liquor Store as submitted by the Treasure-Auditor.
Adjournment
At 3:33 p.m. Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 3:00 p.m. on Tuesday, December 12, 2017.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest: Doug Huebsch, Chair John Dinsmore, Clerk CB/kd
OTC Board of Commissioners’ Minutes November 28, 2017
Exhibit A, Page 1
WARRANTS APPROVED ON 11/28/2017
OTC Board of Commissioners’ Minutes November 28, 2017
Exhibit A, Page 2
OTC Board of Commissioners’ Minutes November 28, 2017
Exhibit A, Page 3
OTC Board of Commissioners’ Minutes November 28, 2017
Exhibit B, Page 1
Recorder’s Office - Laredo Fees
2018 Plan with new Levels:
Level Minutes Subscriber Fee Min. Overage
Fee
Copy Fee
I 0-250 $85.00 .35 per minute No fee
II 251-1000 $125.00 .35 per minute No fee
III 1001-3000 $150.00 .35 per minute No fee
IV 3001-6000 $200.00 .35 per minute No fee
V Unlimited $500.00 N/A No fee
Increase Fax/E-mail to $10.00 (currently $5.00)