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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/24/2010MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN Tuesday,August24,2010 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, August 24, 2010, at 9:32 a.m. at the Otter Tail; County Government Services Center in Fergus Falls, MN, with Commissioners Roger Froemn:iing, Chair; John Lindquist, Vice-Chair; Everett Erickson and Lee Rogness present. Commissioner Doug Huebsch was present at 9:35 a.m. Approval of Agenda Motion by Rogness, second by Lindquist, and unanimously carried to approve the Board of Commissioners agenda of August 24, 2010, with the following additions: GIS Coordinator, Brian Armstrong -LIDAR Discussion County Coordinator -Safety Items Purchase Agreement for 800 Megahertz Radio System Closed Session -Otter Tail Ag Bankruptcy Proceedings Approval of Minutes Motion by Erickson, second by Froemming, and unanimously carried to approve the Board of Commissioners meeting minutes of August 17, 2010 as mailed. i Approval to Pay Bills Motion by Erickson, second by Huebsch, and unanimously carried to approve payment of the County Board bills per 'Attachment A of these minutes. . 800 Megahertz Communication System Sheriff, Brian Schlueter, discussed work requirements to facilitate the County's integration to the statewide 800, Megahertz Communication System. The Sheriff's Department has worked on a proposed budget for the system and services necessary to complete the integration. Part of the plan is to designate a Local Systems Administrator. The Sheriff recommended that the Dispatch Supervisor be designated as the Local Systems Administrator. The Board discussed short term and long term plans for administration of the Communication System. Motion by Erickson, second by Huebsch, and :unanimously carried to temporarily designate Dispatch Supervisor, Judy Siggerud, as the 800 Megahertz Local Systems Administrator. This position will work with many other emergency management 'entities with a long term solution incorporating the 800 Megahertz Systems Administration with a County Emergency Management position. Iverson Lake Project Discussion Highway Engir;ieer, Rick West, spoke with the Board regarding a denial for the Highway Department to access an individual's property, for surveying work to identify elevations and rate of flow for the proposed Iverson Lake Drawdown project. Discussion took place regarding options the County could implement to continue with this project. Mr. West indicated that the project would likely not begin this fall. OTC Board of Commissioners' Minutes August 24, 2010 Page 2 Phase I Archaeological Survey Mr. West reported that the initial archaeological survey for the CSAH 9 Reconstruction project has been reviewed by the State Historical Society. Because of potential archeological sites, they have recommended the next phase which includes screening samples for artifacts. Motion by Erickson, second by Rogness, and unanimously carried to authorize the appropriate County Officials' signatures to enter into an agreement between the County of Otter Tail and Trefoil Cultural & Environmental Heritage of Sauk Rapids, MN, as recommended for the CSAH 9 Reconstruction project (S.A.P. 56-609-03). The cost is a minimum of $1,500 and not to exceed $6,250. Voluntary Furlough Plan On behalf of the Personnel Board, John Dinsmore proposed a change to the language of the Voluntary Furlough Plan. Motion by Rogness, second by Huebsch, and unanimously carried to replace the language that refers to the time required to request use of furlough time as indicated below: Voluntary furloughs shall se planned ahead of lime on a eiuarterly llasis (lly April 30th for the :t• (;JUarter; thereafter, 30 days in advanse of a salendar {;Juarter). Replaced with "Voluntary furlough requests will be submitted in a reasonable timeframe prior to the furlough to be taken." Cell Phone Policy and Procedures On behalf of the Personnel Board, John Dinsmore presented the "Otter Tail County Cell Phone Policy and Procedures" effective September 1, 2010. Motion by Huebsch, second by Lindquist, and unanimously carried to approve the Cell Phone Policy and Procedures as submitted. The policy is attached to these minutes and identified as Attachment B. Approval to Pay Bills & Claims Motion by Erickson, second by Lindquist, and unanimously carried to approve payment of the Human Services bills and claims as presented. Recess & Reconvene At 10:30 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for committee meetings. The meeting was reconvened at 11 :03 a.m. Payment and Refund Approvals Motion by Lindquist, second by Rogness, and unanimously carried to approve payment of the following invoices from the Capital Improvement Fund which will be reimbursed from a Federal Supplemental Boat and Water Grant: VideoRay Gene's Sport Shop Rolyan Buoys Total Underwater Video Camera Depth Finders 9"Reg Buoy Marker "Danger" $10,850.00 3,142.10 269.33 $14,261.43 Motion by Erickson, second by Huebsch, and unanimously carried to approve a refund of the balance of the 2010 Liquor and Sunday Liquor License fee, in the amount of $1,924.97, to Spanky's Stone Hearth Restaurant, which has been indefinitely closed due to a major fire on Saturday, August 14, 2010. Motion by Rogness, second by Erickson, and unanimously carried to approve payment, in the amount of $14,133.85, to Lindquist and Vennum for Chapter 11 Bankruptcy legal services. • Documents Provided OTC Board of Commissioners' Minutes August 24, 2010 Page 3 Auditor, Wayne Stein, provided various Budget documents from the Minnesota Department of Revenue regarding 2011 County Program Aid, special levies, and overall levy limitations. LIDAR Mapping GIS Coordinator, Brian Armstrong, submitted topographical Light Detection and Ranging (LIDAR) photos and explained various classifications that can be viewed in 3D. Discussion took place regarding the various applications for this technology. Purchase Agreement Motion by Lindquist, second by Erickson, and unanimously carried to authorize the Chairman's signature to ex'ecute a Purchase Agreement between the County of Otter Tail and Bryan Roberts and Jenny Roberts'. The County will purchase land in Amor Township at a cost of $3,500 per acre to be used for integration to the statewide 800 Megahertz Communication System. Dispatch and Courthouse Campus Discussion Architect, David Shultz and Physical Plant Manager, Rick Sytsma briefed the Board on discussions and meetings ,that have taken place regarding the best short and/or long term site for Dispatch. Lengthy discussion took place regarding the pros and cons of keeping Dispatch in the Courthouse and the importance of a Comprehensive Master Plan that encompasses the space needs of all departments at the Courthouse. Planning will continue with security, utility, and communication needs considered. LEED Tax Deduction Otter Tail County, Minnesota completed a building project in July of 2008 referred to as the Ottertail Operations Center. The building project is LEED Silver Certified and demonstrated through modeling (Trane Trace Program) to have an energy efficiency of 33.4% over a baseline building. Motion by Huebsch, second by Rogness, and unanimously carried that because, as a governmental entity, Otter Tail County is, not able to take advantage of the Energy Efficiency Tax Credit, Otter Tail County authorizes the. deduction to be transferred to the design team. The enabling legislation to authorize the transfer of the deduction is contained in I RS Notice 2008-40. Safety Program Motion by Erickson, second by Lindquist, and unanimously carried to authorize the Chairman's signature to execute a Health and Safety Program agreement between the County of Otter Tail and Lakes Country' Service Cooperative for the period of May 1, 2010 through June 30, 2011 at an annual cost of $26,500.00. Air Quality Items Motion by Lindquist, second by Rogness, and unanimously carried to authorize Public Health Director, Diane Thorson, and Physical Plant Manager, Rick Sytsma to review quotations and select a firm to proceed with immediate air quality testing in the Dispatch Center area at a cost not to exceed $2,500. Motion by Hu~bsch, second by Froemming, and unanimously carried to authorize the planning process for a filtering system to be placed outside the dispatch center that will pull the air in and run through a HEPA filter before the air is introduced into the room. Cost was estimated at $7,000. OTC Board of Commissioners' Minutes Augus\24,2010 Page 4 Retirement Motion by Rogness, second by Huebsch, and unanimously carried to regretfully accept Assessor, Bob Moe's retirement letter. Mr. Moe's retirement is effective October 29, 2010. Closed to the Public At 12:55 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners closed to the public to discuss litigation in the matter of foreclosure proceedings relative to the Ethanol Plant. The closed session is authorized by attorney-client privilege, Chapter 13D.05 Subd. 3b. Present were all five seated commissioners, County Attorney, County Coordinator and Board Secretary. Adjournment Upon conclusion of the closed session, at 2:18 p.m., Chairman Froemming adjourned the meeting of the Otter Tail County Board of Commissioners until Tuesday, August 31, 2010. Dated: c;>s/31/2010 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: /~ ~ La;(y Kron, cik r OTC Board of Commissioners' Minutes August 24, 2010 Attachment A, Page 1 WARRANTS APPROVED ON 812412010 FOR PAYMENT 8/24/2010 VENDOR NAME A'VIANDS LLC AMERICAN INSTITUTIONAL SUPPLY AMERIGAS SCOTT ANDERSON AP TECHNOLOGY BOB'S STANDARD BULK SERVICE BOUND TREE MEDICAL LLC ELIZABETH CADEM CIT TECHNOLOGY FIN SERV INC CITIZENS ADVOCATE CO OP SERVICES INC COLLEGE WAY AUTO INC COMMISSIONER OF TRANSPORTATION COOPERS TECHNOLOGY GROUP VINCE CRARY DAN'S TOWING & REPAIR DEX EAST DYNAMIC IMAGING SYSTEMS INC MICHELLE ELDIEN FERGUS ELECTRIC FERGUS FALLS POLICE DEPT FERGUS TIRE CENTER FOUR SEASON PROPERTY CARE INC FREMONT INDUSTRIES INC GENE'S SPORT SHOP GODFATHERS EXTERMINATING INC PATRICK GRIFFIN HEALTHCARE ENVIRONMENTAL SERVI HENRY'S FOODS INC KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC THE KIEFER COMPANIES SAMANTHA LAHMAN LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEALTH CENTER LAKES AREA PEST CONTROL LLC LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE LITTLE BEAR TOWING LITTLE FALLS MACHINE INC M-R SIGN COMPANY INC. MANNY'S -ROCKY'S BAIT MARCO INC ST LOUIS MARK SAND & GRAVEL CO MATTHEW BENDER & COMPANY INC MCQUAY INTERNATIONAL MIDWEST PRINTING CO MIDWESTERN MAT RENTAL & SUPPLY MINNKOTA MN CO ATTORNEYS ASSOCIATION MN CVSO SECRETARIES & ASSIST A MN DEPT OF LABOR & INDUSTRY MN DEPT OF LABOR AND INDUSTRY MN SHERIFFS' ASSOCIATION JIM MYHRE NAPA FERGUS FALLS NELSON AUTO CENTER AMOUNT 2,123.92 87.56 7.48 35.98 6,529.00 128 09 61.28 35.91 190.53 280.50 78.83 30.94 1,146.08 223.48 175.00 11.00 21.70 3,570.96 63.00 1,291.12 1,606.31 30.00 285.00 132.72 69.46 601.44 5.00 29.10 825.49 170.99 795.38 415.06 1,512.00 11,214.14 497.00 83.36 472.61 3,000.00 181.69 681.56 950.96 356.80 570.39 9,920.51 739.32 1,307.20 117.56 79.99 54.00 25.00 159.00 70.00 220.00 690.00 30.50 32.55 514.86 OTC Board of Commissioners' Minutes August24,2010 Attachment A, Page 2 NORTHERN STATES SUPPLY INC NORTHLAND COMMUNITY & TECHNICA OFFICEMAX INCORPORATED ONE CALL LOCATORS LTD OPHOVEN MD AND ASSOCIATES OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO TREASURER OTTER TAIL TELCOM OTTERTAIL BAKERY OTTERTAIL TRUCKING INC PACE ANALYTICAL SERVICES INC PEPSIAMERICAS PERHAM PRINTING & SUPPLY PERRIN MOBILE MEDICAL PITNEY BOWES POPE DOUGLAS SOLID WASTE MANAG PRODUCTIVE ALTERNATIVES INC QUALITY INN QUILL CORPORATION RAM-SWAN A RELIABLE OFFICE SUPPLIES RENEWABLE RESOURCE CONSULTANTS RESEARCH SUPPLY & MARKETING ROYAL TIRE INC SAFELITE FULFILLMENT INC SANDBAGS WAREHOUSE SBLC-FF VICKI SCHWANKE SECURITY STATE BANK SHERBURNE CO SHERIFF SON'S APPLIANCE & REFRIGERATIO SOUTH MILL SERVICE STAPLES ADVANTAGE STATE INDUSTRIAL PRODUCTS WAYNE STEIN STEINS INC DON STEWART STREICHERS TASER INTERNATIONAL THYSSEN KRUPP ELEVATOR CORPORA TRANQUILITY BUILDING SERVICES SUSAN ULSCHMID UNIFORMS UNLIMITED VICTOR LUNDEEN COMPANY WEST PAYMENT CENTER ZIEGLER INC .... FINAL TOTAL. ..... . 238.60 1,200.00 118.81 630.84 4,000.00 41.00 263.63 2,555.16 14.90 6,002.00 934.00 679.74 114.52 99.78 2,352.01 367.00 69.51 471.96 336.47 330.00 217.22 10,651.92 55.00 62.24 129.90 2,232.08 11.93 100.73 10.25 36.00 94.17 1,099.40 59.50 138.38 109.28 1,623.49 120.00 2,044.40 650.00 299.00 454.22 66.00 39.44 555.54 2,803.86 881.46 $99,904.65 ·-· Policy Statement & Purpose Otter Tail County OTC Board of Commissioners' Minutes August 24, 201 O Attachment B, Page 1 Cell Phone Policy and Procedures Effective 09/01/10 Wireless device~ are provided as a tool in conducting County business. This Cell Phone Policy has been developed to ensure proper accountability of the public funds entrusted to Otter Tail County and to maintain controls necessary for the County to operate efficiently. The provision of a cell phone or cell phone stipend serves a public service in providing employees the ability to perform job-related duties, which are directly related to the g,;~ernmental purposes for which the County was established. This Policy has been reviewed and adopted by the County Board. Based on identified needs in providing services, designated staff will either be provided with a cellular phone (hereinafter refe;,.ed to as a cell phone) for County business purposes or a cell phone stipend toward the cost of ' an employee's personal cell phone, which will also be used for County business purposes. Positions determined to be eligible for a cell phone or cell phone stipend will be based on the following criteria: primary job duties and responsibilities, supervisory approval, and budgetary resources. Procedures Based strictly or\ business need, the Department Head will determine which position(s) in their department require a cell ph'one and whether the needs are best served through the allocation of a county-purchased/leased cell phone or thfough a cell phone stipend. To be considered eligible for a cell phone, the employee must meet at least one of the following criteria for authorization: " 1. Must be responsible for making major decisions within a department. 2. Must SP,end a considerable amount of time in transit or in the field. 3. Prompt administrative decisions are required on projects in progress. 4. Responsible for dealing with natural disasters or other emergencies. 5. Communication is needed to assist in solving problems and staff safety. 6. Utilizes cell phones for transmitting electronic data where landlines and other primary radio/telephone commupications are not available. Countv Purchased/Leased Cell Phones An employee a~signed a cell phone/wireless device chooses not to use the County-purchased phone for any personal calls. 1 Purchase and utilization of these devices assumes that all use must be county business related only. Emergency phone calls anc('de minimus" personal use is permitted. Employee Owned Phones Employees whose work requires the use of a cell phone and who have been designated to receive a cell phone stipend will receive a monthly stipend in the amount determined by the department head up to the maximum plan stipend set by the County Board. Employees receiving a stipend are responsible for: OTC Board of Commissioners' Minutes August 24, 2010 Attachment B, Page 2 I. Providing proof of purchase/lease of cell service at intervals to be determined by the Department Head as documented on the Cell Phone Stipend Authorization form via the coordinator's office. 2. Signing the Cell Phone Stipend Agreement form that delineates the expectations and responsibilities of stipend funded cell phone users. 3. Replacement or repair of the phone will normally be the responsibility of the employee. If the cell phone is lost or damaged as a direct result of the work environment, the department head may approve reimbursement to the employee. The cell phone stipend is intended to cover most of the costs of the employee's cell phone expenses related to work duties. Initial purchase of the cell phone, accessory equipment, and activation fees will be the responsibility of the employee. The employee will pay any costs exceeding the amount of the cell phone stipend. No stipend will be paid when an employee is in an unpaid leave status. If the employee's monthly bill for work-related charges frequently exceeds the stipend, the department head may request an increase in the monthly allowance to cover a plan with more airtime or reevaluate the employee's use of the cell phone. Reimbursement of work-related costs exceeding the cell phone stipend will require documentation supporting the excess such as unusual usage, out of state or roaming charges, etc. Cell Phone Stipend The Cell Phone Stipend is intended to provide payment toward cost of monthly service and associated taxes incurred by business related use of the cell phone. Reimbursement, as approved by the Department Head, will be taxable and will be for the amounts listed below. The stipend amounts stipulated in this policy will be re- evaluated periodically. o Cell Phone -Voice Calls only o Cell Phone -Voice & Text o Cell Phone, Text & Data $15 .00 per month $25 .00 per month $50.00 per month At time of termination from employment, eligibility for reimbursement of the cell phone stipend will occur only if users have worked their regularly scheduled hours during the first 15 calendar days of the month. Reimbursement will not occur if the employee has resigned or retired prior to the I 5th of each month. Cell Phone User Responsibilities and Expectations Employees receiving a County-purchased/leased cell phone or a cell phone stipend will be responsible for the following: I. Retrieving messages on voice mail if telephone calls are missed on the cell phone where applicable. 2. Having the cell phone available for use during all hours of work and when the employee is subject to call. 3. For safety reasons, use of the cell phone shall be allowed while driving a motor vehicle as prescribed by law. 4. Caring for the phone in a responsible manner, minimizing the chance of loss or damage. 5. Providing adequate security for the phone to prevent unauthorized users from finding client/work- related telephone numbers stored in the cell phone memory. ' - Department Cell Phone Guidelines OTC Board of Commissioners' Minutes August 24, 2010 Attachment B, Page 3 I. Departments may establish criteria for determining work-related need for assignment of cell phone. 2. Depart~ent Heads will insure departmental procedures are not in conflict with this countywide policy. 3. If the stipend method is used, these rules should establish criteria to determine what level of reimbursement will apply, The Department must also determine the cost benefit to the County before providing an allowance. 4. If the lease/purchase method is used, the Department Head must determine the cost effectiveness and work related needs of the lease/purchase of cell phone and how continued service benefits the County. Cell Phone Stirl,end Activation For an employee to receive a cell phone stipend, the allowance and allowance amount must be authorized by the Department Head. A completed Cell Phone Stipend Agreement, Cell Phone Stipend Authorization, and a copy of the employee's service agreement must be sent to the Auditor's Department for stipend activation. I Employees receiving a cell phone stipend must notify their Department Head immediately if they terminate their phone service. Likewise, if a Department Head detennines that an employee no longer needs a phone allowance or the allowanc~ amount should be adjusted, he/she must immediately notify the Auditor's Department to make the necessary change (See Allowance Change/Cancellation section). Taxability and Privacy Taxability: Electronic and telecommunication equipment provided by employers for use outside the employer's premises in the performance of duties are categorized as "listed property" by the IRS, Because the I nature of the property lends itself to personal use, the IRS requires strict substantiation. Employees are ri,quired to account for business and personal use: • Business use is excludable from wages of the employee as a working condition fringe benefit. • Personal use is included in the wages of the employee_ • If substantiation requirements are not met, all use is included in the wages of the employee. For County-provided phones, the employee shall review bills and highlight any personal calls on the monthly bill. Direct charges for personal use and a pro-rata share of monthly fees will be included as wages for the employee. "De minimis" personal use of a county owned phone may not result in taxable event. For personal phones for which an employee receives a stipend, an employee may highlight the business calls on the phone bill, and the direct charges for the personal calls and pro-rata share of the monthly fees and services for those calls will not be included as wages for the employee. Without documentation, the stipend amount will be considered wages for IRS purposes. Privacy: Personal cell phone statements are considered private data. !fan employee submits a bill to substantiate business use, all or part of the employee's cell phone bill may become public data. Billings associated with the County-purchased cell phone service are considered public data.