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.