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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/26/2010MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN Tuesday, October 26, 2010 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, October 26, 2010, at 9:30 a.m. at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners Roger Froemming, Chair; John Lindquist, Vice-Chair; Everett Erickson, Doug Huebsch, and Lee Rogness present. Approval of Agenda Motion by Lindquist, second by Rogness, and unanimously carried to approve the Human Services Board .agenda of October 26, 201 Oas mailed. Approval of Minutes Motion by Erickson, second by Froemming, and unanimously carried to approve the Human Services Board minutes of October 12, 2010, as mailed. Juvenile Temporary Hold Facility West Central Regional Juvenile Center Probation Director, Chuck Kitzman, submitted a cost analysis for the Temporary Hold Facility. The report identified that twenty-four juveniles were placed in the temporary hold facility from 2008 through July of 2010 with usage at a total of forty-eight days. Total cost to operate the Temporary Hold Facility during this period of time was reported as $10,616.28. Discussion took place regarding the difference between the petty offenders and delinquencies related to transportation to appropriate, alternative facilities. One round-trip transport to the West Central Regional Juvenile Center was estimated to cost $156.57. Mr. Kitzman provided a copy of the Children's Residential Facilities (CRF) license which indicated that the license will expire December 31, 2010. The Board delayed a decision regarding continuation of the temporary facility. Mr. Kitzman provided information from a recent WCRJC Advisory Board meeting. He referred to the financial portion of the report and identified a continuing decrease in the usage of the secure detention program. The information also identified a decrease in expenses from $1,329,510 in 2008 to proposed expenses of $1,264,417 for 2011. Public Health Department Contracts Motion by Rogness, second by Huebsch, and unanimously carried to approve a Project Agreement between Otter Tail County and the University of Minnesota funded by the Minnesota Board on Aging. The University of Minnesota will work on the Chronic Disease Self-Management Project. Motion by Rogness, second by Huebsch, and unanimously carried to approve a Statewide Health Improvement Program Management Agreement between the Otter Tail County Public Health Department and Jennifer Bailey-Dejong, PhD Candidate, for the period of September 30, 2010 through June 30, 2011. Otter Tail County (Community H.ealth Board) received funding from the MDH SHIP grant and is contracting with Ms. Bailey-Dejong to establish a training program for nurses. Total compensation will not exceed $28,107.00. OTC Board of Commissioners' Minutes October 26, 2010 Page 2 ADOPTION MONTH -NOVEMBER, 2010 Otter Tail County Resolution No. 2010 -53 Commissioner Erickson offered the following and moved for its adoption. WHEREAS, the family, serving as the primary source of love, identity, self-esteem, and support, is the very foundation of our communities, our state, and our Country; and WHEREAS, adoption gives children who have been orphaned, abandoned, or abused a precious second chance at happiness; a chance to love and be loved and to reach their full potential in a secure, supportive environment; and WHEREAS, there were 1,235 children under State guardianship, many waiting to be adopted into a family; and WHEREAS, each year an average of 650 children come under State Guardianship waiting for adoptive homes. This is testimony to the need to place adoption services as a priority in Otter Tail County, and throughout the State of Minnesota; and WHEREAS, the majority of the families seeking children for adoption are pursuing the adoption of younger children. In 2009, of the children waiting to be adopted in the State of Minnesota, 34.8% were 12-18 years old; 37.4% were 6-11 years old; 27.8% were under 6 years old. 109 children under State Guardianship aged out of foster care in 2009. The majority of children who come under the Guardianship of the Commissioner of Human Services have been abused or neglected and have mental health issues; and WHEREAS, there is a continued need for an increased number of families in the State of Minnesota and in Otter Tail County who will adopt older children with special needs; and WHEREAS, both the public and private sectors are working together as a "team" to find adoptive homes for the children throughout the Counties and the State of Minnesota. NOW, THEREFORE, we, The Otter Tail County Human Services Board, by virtue of the authority vested in us as County Commissioners of Otter Tail County, do hereby proclaim November as ADOPTION MONTH in Otter Tail County. In honor of this event, we encourage community agencies, religious organizations, businesses, and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await permanent families. Commissioner Lindquist seconded the motion and upon a vote, the resolution was unanimously adopted. Adopted this 26th day of October 2010 Dated: II / p1 /.:i.010 OTTER TAIL COUNTY HUMAN SERVICES BOARD Attest ~ ¢ LafryKron, cirk OTC Board of Commissioners' Minutes October 26, 2010 Page 3 Human Services Contracts Motion by Erickson, second by Rogness, and unanimously carried to authorize the Chairman's signature to execute the following Purchase of Service Agreements with Otter Tail County Human Services: Agency Program Effective Targeted Funding Source Date Population Lifeline Systems Health Related 01-01-11 Elderly, Disabled EW, AC and CADI Services thru Individuals MA (Medical Assistance) 12-31-11 Blue Sky, Inc. Semi-Independent 01-01-11 Persons with County of Financial Responsibility Living Skills thru Mental Retardation Unit Cost= $34.37 per hour 12-31-11 or related conditions Kessel Group Residential 01-01-11 The total amount to be paid for Home Services/ Assisted thru Adult Mental Health such purchased services shall not Living 12-31-12 exceed the OTC approved Rate The Thomas Residential 01-01-11 House Services/Assisted thru Elderly AC/EW/CADI/TBI or CAC Waiver Living 12-31-12 Funds. Vergas Assisted Residential 01-01-11 The total amount to be paid for Living Services/ Assisted thru Elderly such purchased services shall not Living 12-31-12 exceed the OTC approved Rate Children who have The County of Financial Generations Children's Mental 01-01-11 severe emotional Responsibility -$64.21 per hour Health thru disturbance billed on quarterly basis 12-31-11 Waivered Services Persons with Prairie Community / ICF/MR 01-01-11 Mental Retardation State Waivered Dollars & MA Services, Inc. thru or related 12-31-12 conditions Approval to Pay Bills & Claims Motion by Erickson, second by Rogness, and unanimously carried to approve payment of the Human Services bills and claims as presented. Adjournment At 10:13 a.m., Chairman Froemming adjourned the meeting of the Otter Tail County Human Services Board until Tuesday, November 9, 2010. Dated: _.,,"-, JJ/ b"-'1.J./.,..1._.o!.Jt,coL-____ _ I l OTTER TAIL COUNTY HUMAN SERVICES BOARD Attest ~~ Larry KrohCiek OTC Board of Commissioners' Minutes October 26, 201 O Page4 Call to Order The Otter Tail County Board of Commissioners convened Tuesday, October 26, 2010, at 10:30 a.m. at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners Roger Froemming, Chair; John Lindquist, Vice-Chair; Everett Erickson, Doug Huebsch, and Lee Rogness present. Approval of Agenda Motion by Rogness, second by Huebsch, and unanimously carried to approve the Board of Commissioners agenda of October 26, 2010, with the following addition: 10:50 a.m. -USFWS Don Kleven -Acquisition of Property Certification Approval of Minutes Motion by Huebsch, second by Lindquist, and unanimously carried to approve the Board of Commissioners minutes of October 19, 2010, as presented. 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. RESOLUTION Otter Tail County Resolution No. 2010 • 54 RESOLUTION ACCEPTING RESPONSIBILITY AS THE SPONSORING AGENCY Commissioner Huebsch offered the following and moved for its adoption. BE IT RESOLVED THAT: Otter Tail County act as sponsoring agency for a "Transportation Enhancements" project identified as the Halverson Park Trail and acknowledges herewith that it is willing to be the project sponsor; knowing full well that such 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 applicant. Commissioner Lindquist seconded the motion and upon a vote, the resolution was unanimously adopted. OTTER TAIL COUNTY BOARD OF COMMISSIONERS RESOLUTION OTC Board of Commissioners' Minutes October 26, 2010 Page 5 Otter Tail County Resolution No. 201 O. 55 AGREEMENT TO MAINTAIN FACILITY Commissioner Huebsch offered the following and moved for its adoption. 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 acquired without prior approval from the FHWA; and WHEREAS: Transportation enhancement projects receive federal funding from the Surface Transportation Program (STP) of the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).; and WHEREAS: the Minnesota Department of Transportation (Mn/DOT) has determined that for projects implemented with transportation enhancement funds, this requirement should be applied to the project sponsor; and WHEREAS: Otter Tail County is the project sponsor for the transportation enhancement project identified as Halverson Park Trail. THEREFORE BE IT RESOLVED THAT: the Project Sponsor hereby agrees to assume full responsibility for the operation and maintenance of property and facilities related to the aforementioned transportation enhancement project. Commissioner Lindquist seconded the motion and upon a vote, the resolution was unanimously adopted. Dated: _ ... 1...,1/1-0::.:.a.::.,,t-,I .:1.,,:0,:,lc,o><--___ _ OTTER TAIL COUNTY BOARD OF COMMISSIONERS MnDOT Regional Hydraulic Study Highway Engineer, Rick West, reported that MnDOT District IV is developing a proposal to look at the causes of the landlocked, isolated drainage basin flooding that counties have been dealing with for many years. The intent is for MnDOT to present the problems and causes to the legislature and, potentially, request State funding. Mr. West indicated that Otter Tail County can be part of this study; however, the cost is $25,000 per isolated drainage basin. Mr. West presented the reasons he is not recommending participation in the study. OTC Board of Commissioners' Minutes October 26, 2010 Page 6 USFWS Certification for Acquisition of Property USFWS Wetland Acquisition Supervisor, Don Kleven, requested certification to purchase property (6.2 acres) on the edge of the City of Fergus Falls. The property adjoins a waterfowl production area. He explained the status of taxes on the property and shared revenue Otter Tail County will receive when the land is purchased. Motion by Rogness, second by Lindquist, and carried with Erickson opposed, to certify the requested purchase of land by the USFWS consisting of 6.2 acres described as follows: T. 132N. R. 43 W. 5th P.M. Section 11, as described in Attachment B of these minutes. Economic Development Discussion Commissioner Huebsch introduced the Northwest Regional Development Commission Director, Cam Fanfulik. Mr. Fanfulik provided background of how the Development Commission works and talked about some development successes that have occurred in the seven county region. The NWRDC is an arm of the Economic Development Agency (EDA) and is eligible to accept federal grants for projects. West Central Initiative does similar activities in our region. Discussion took place regarding infrastructure planning, development and marketing of resources, agriculture and manufacturing, business retention, development of renewable energy projects, and the value of equity investment groups. Commissioners thanked Mr. Fanfulik for taking time to share his economic development experiences Recess & Reconvene At 11 :34 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 11 :40 a.m. Drainage System No. 16 Ditch Inspector, Randy Wasvick, stated that there has been a request to spray cattails in Ditch No. 16. Removal of the cattails is not prohibited; however, Mr. Wasvick has been unable to locate a contractor willing to spray the area. The best time for eradication by spraying would be in the spring. County Attorney, David Hauser, presented an Order for finding that the existing culverts have inadequate hydraulic capacity, 48" elliptical culverts would be appropriate replacements, order the culverts to be replaced at elevations determined by the Engineer, and clean out to the estimated ditch bottom from Station 9 to North Clitherall Lake Road. Motion by Rogness, second by Huebsch, and unanimously carried to approve the County Ditch 16 Findings and Order as presented (see Attachment C for complete Order). Mr. Hauser referred to an email from Jeff Stabnow regarding Ditch No. 16. Mr. Stabnow requested that the following maintenance items be performed as soon as possible: 1) Removal of silt at station 63 -delta of silt material less than 12 inches deep in the open water of Mud Lake. 2) Remove cattails from Sta 63 up to Sta 44 -area approved for removal by volunteers on May 25, 2010. 3) Remove cattails at Sta1 -Clitherall Lake outlet request of Randy Wasvick for October 19, 2010. Mr. Hauser stated that the Engineer's proposal is to clean out from station 9 to Highway 210. The Bid Opening is scheduled for November 19, 2010, and includes Items 1 and 2 above, but does not include Item 3. OTC Board of Commissioners' Minutes October 26, 2010 Page 7 Property Owners, Jeff Stabow and Mike Foertsch, stressed the importance of taking the silt out of the delta this fall instead of waiting until next spring. Mr. Stabnow indicated that an addendum is being worked on and this work, being under $50,000, could be direct hired without doing bids because it is maintenance work. Mr. Foertsch agreed and asked the Board to use any method possible to mitigate the water level behind the cabins. The request was discussed. No action was taken. Tornado Debris Management Site Solid Waste Director, Mike Hanan, presented the "Tornado Debris Management Proposal Summary" dated October 19, 2010, and discussed the recommendations of a Tornado Debris Management Committee for disposal of debris. Motion by Rogness, second by Froemming and carried with Huebsch opposed, to approve the following demolition debris disposal recommendation (Commissioner Huebsch opposed the motion based on his concern that the low bid may not be financially feasible): Demolition Debris: Processing and hauling of demolition debris to be awarded to Hengel Ready Mix and Construction, Inc. of Pillager, MN at a price of $7.80 per ton. Motion by Rogness, second by Froemming, and unanimously carried to approve the following recommendations for tornado debris disposal: Scrap Metal: Processing and hauling of scrap metal to be awarded to Wadena Hide and Fur based on lack of market information and unspecified price for materials by the apparent low bidder, Quiring Excavating and Trucking, LLC. Based on the bidding process, the recommendation is to meet with Wadena Hide and Fur and discuss the market for scrap versus the $61 bid proposal because $61 per ton seems extremely low based on the current market for scrap metal. Tree/Brush Waste: Processing and hauling of tree/brush waste to be awarded to Matter's Custom Grinding based on lack of permit information provided by apparent low bidder Quiring Excavating and Trucking. LLC., and Rumpca Companies, Inc. Therefore, comparison is between Matter's and Dakota Wood Grinding. Dakota Wood Grinding provided a lump sum price of $426,282 while Molter's provided per ton price of $29.90 and an estimated tonnage of 10,000 tons. There is a risk that Matter's estimated tonnage of 10,000 tons is incorrect. However, it is unlikely that they would be off on their estimate by 42% which would then meet the Dakota Wood Grinding proposal of $426,282. Matter's has stated that they will guarantee the $299,000 plus a not to exceed 15% overage. Note: the only other proposer that identified an estimated tonnage of tree/brush waste estimated approximately 11,000 tons (10% greater than Matter's estimate). Shingle Debris: Hauling and future processing of shingle debris to be awarded to Hengel Ready Mix and Construction, Inc. of Pillager, MN at a price of $13.75 per ton. Masonry Debris: Hengel's proposal at $9.52 per ton is the low bid proposal (Quiring's proposal at $6.23 per ton does not include processing/crushing). Hengel's proposal at $9.52 does not include making the crushed aggregate material available for use by the Counties/City since Hengel off-set their bid proposal price of $11.52 by paying Counties/City $2.00 per ton and retaining the crushed aggregate. Quiring's proposal for Option Bat $11.36 per ton provides for crushing and hauling of the aggregate to a gravel pit identified by the Counties/City for future use. The difference between Quiring's proposal and Hengel's proposal is $1.84 per ton. The Wadena County Highway Engineer's opinion is that the crushed aggregate is worth more than $1.84 per ton. The recommendation is to award the bid for processing and hauling of masonry debris to Quiring Excavating and Trucking, LLC of Shakopee, MN. OTC Board of Commissioners' Minutes October 26, 2010 Page 8 Solid Waste Staffing Motion by Erickson, second by Lindquist, and unanimously carried to extend the temporary employment of Solid Waste Attendants, Lisa Grewe and Thomas Kimmes. Motion by Rogness, second by Lindquist, and unanimously carried to approve the full time, regular employment date of December 1, 2010, for Certified Solid Waste Operators, Vern Roggenkamp and Keith Price. Recess & Reconvene At 12:29 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1 :03 p.m. Indoor Air Quality Update Public Health Director, Diane Thorson; Facilities Manager, Rick Sytsma; and ARS Environmental Services Consultant, David Abrams; updated the Board regarding the Indoor Air Quality Assessment Findings and Recommendations. Ms. Thorson submitted a handout dated October 26, 2010. Overall indoor air quality was judged to be acceptable as compared with standards for temperature, carbon dioxide, carbon monoxide, dew point, and relative humidity. Ms. Thorson noted that mold growth was found in both air and carpet samples. Mr. Abrams explained that mold growth and moisture can cause microbial growth; however, there is no correlation between that and health risk. It may cause sensitivity to allergens in some people. Lengthy discussion took place. It was recommended that air handlers and ductwork be cleaned in the order of highest need. Discussion took place regarding housekeeping issues, smoking away from the building, air flow, roof leaks, and the black stains on the outside of the Courthouse building. Recess & Reconvene At 1 :58 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 2:03 p.m. Review of Courthouse Master Plan Concepts Architect, David Shultz, provided a progress report relating to the Otter Tail County Courthouse Master Plan. He submitted three options, A 1, A2, and B and briefed the Board on different space/layout choices. Mr. Shultz also provided two timelines for completion that includes three phases of construction/remodeling to be completed over a 3 to 4 year period. Discussion will continue with Department Heads regarding the various proposals. Adjournment At 3:01 p.m., Chairman Froemming adjourned the meeting of the Otter Tail County Board of Commissioners until 9:30 a.m. on Tuesday, November 2, 2010. Dated: _.,_11'-l-/ .... 0"';1..,,µ,{,i!P....,10.._ ___ _ OTTER TAIL COUNTY BOARD OF COMMISSIONERS CB/kd OTC Board of Commissioners' Minutes October 26, 201 O Attachment A, Page 1 WARRANTS APPROVED ON 10/26/2010 FOR PAYMENT 10/26/2010 VENDOR NAME A & S TRAINING A-1 ENGRAVING A-1 LOCK & KEY LLC A'VIANDS LLC AMERICAN BIO MEDICA CORPORATIO AMERICAN WELDING & GAS INC BRIAN ARMSTRONG JANE BAUMGARTNER BCASTOF MN BETTY'S PANTRY BRANDON COMMUNICATIONS INC BRAUN VENDING INC BRIAN'S REPAIR BRIGGS CORPORATION SANDRA BROWN CADEM LAW GROUP PLLC CAPRA'S SPORTING GOODS CATCO PARTS AND SERVICE CDW GOVERNMENT INC CERTIFIED AUTO REPAIR CLAY CO SHERIFF CO OP SERVICES INC CONCEPT CATERING COOPERS TECHNOLOGY GROUP COUNTRY GLASS INC D & V'S PERHAM BAKERY DESIGN ELECTRONICS DEX EAST DICK'S STANDARD EXTREME MARINE LLC FARNAM'S GENUINE PARTS INC FERGUS ELECTRIC FERGUS FALLS DAILY JOURNAL FERGUS POWER PUMP INC FREMONT INDUSTRIES INC GALL'S INC GERALD N EVENSON INC GODFATHERS EXTERMINATING INC GOPHER STATE ONE CALL GRAINGER INC HEARTLAND SERVICES INC RANDY HOFFMAN HONEYWELL HSBC BUSINESS SOLUTIONS THE INDEPENDENT INNOVIS HEAL TH ISSUETRAK INC JK SPORTS JOHNSTON FARGO CULVERT INC JONES AND MAGNUS ATTORNEYS AT KELLY SERVICES INC LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEAL TH CENTER LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE DEAN LARSON LEITCH EXCAVATING AMOUNT 2,755.00 63.07 43.18 2,644.38 173.29 92.12 118.50 41.54 565.00 850.00 227.03 540.00 2,520.64 224.58 76.88 65.00 453.14 52.38 229.50 187.88 42.17 7.36 735.00 311.64 449.79 206.70 26.71 28.25 29.76 115.00 2,944.79 276.14 21.21 420.00 907.48 174.62 292.27 340.56 47.55 116.60 398.22 159.99 2,076.00 77.02 367.92 891.00 600.00 451.00 1,545.08 4,996.08 1,615.47 7,332.00 5,785.00 83.36 1,000.00 139.99 10,036.34 OTC Board of Commissioners' Minutes October 26, 2010 Attachment A, Page 2 LOCATORS & SUPPLIES INC MARCO MARCO INC ST LOUIS MARK AND BRENDA CONSTRUCTION I MARK SAND & GRAVEL CO MNSCIA NORTH DAKOTA LAW REVIEW NORTHLAND COMM & TECH COLLEGE NORTHLAND REBUILDING OFFICEMAX INCORPORATED OLSON OIL CO INC THE ORIGINAL HEATING MAN OTTER TAIL CO SHERIFF OTTER TAIL CO TREASURER OTTER TAIL POWER COMPANY OTTERTAIL BAKERY OTTERTAIL TRUCKING INC OUTDOOR RENOVATIONS LANDSCAPE OVERHEAD DOOR CO OF FERGUS FAL PENROSE OIL COMPANY PERHAM MEMORIAL HOSPITAL & HOM PERRIN MOBILE MEDICAL PHILLIPE LAW OFFICE POWERPHONE INC PRAIRIE IMPLEMENT INC HENRY PRICE PRODUCTIVE ALTERNATIVES INC RENEWABLE RESOURCE CONSULTANTS SBLC-FF SHERWIN WILLIAMS SOUTH MILL SERVICE STEINS INC STRATEGIC EQUIPMENT AND SUPPLY STREICHERS SUPER SEPTIC & EXCAVATION TOM AVANT PAINTING TRI-STATE DIVING UL TEIG ENGINEERS ULTIMATE AUTO REPAIR-AUTO SAFE CHUCK UNTIEDT WADENA ASPHALT INC WALLWORK TRUCK CENTER WASTE MANAGEMENT WEST PAYMENT CENTER WHITE BANNER UNIFORM SHOP ZIEGLER INC -FINAL TOTAL ....... 31.98 904.75 566.66 15,845.40 2,398.51 180.00 30.00 2,152.00 175.00 309.94 32.04 132.00 30.00 456.61 473.53 142.78 6,376.00 875.00 73.32 1,851.25 15.00 61.03 457.50 627.00 8.22 146.00 99.94 1,350.00 46.55 41.07 147.42 910.70 40.33 28.83 77.19 900.00 12.18 30,189.15 540.09 1,000.00 23,074.32 1,431.68 7,882.37 2,950.90 392.70 1,609.77 $164.047.89 ~·· OTC Board of Commissioners' Minutes October 26, 2010 Attachment B, Page 1 Parcel] of Otter Tail CountyW.A. No. 43 lying East of Highway Right of Way, Otter Tail County, Minnesota, EXCEPT the two following described tracts: I. That part of the Southeast Quartcrof Northwest Quarter of Section 11, Township 132 North, Range 43 West of the Fifth Principal Meridian, Otter Tail County, Minnesota, described as follows. to wit: Beginning at the intcrSt.."'Ction of the north line of the SEY.i ofNWY-1 and the cast right-of-way line of State Highway No. 52, now called State Highway No. 59. in Section 11, Township 132 North. Range 43 West: thence South along the east right-of-way line of State Highway No. 59, for a distance of I 00 feet: thence East. parallel with the north boundary line of said SE¼ ofNW¼, 175 feel : thence North parallel lo the east right-of-way line of State Highway No. 59, for a distance of 100 feet to the north line of the SE¼ of NW¼: thence West along the north line of the SE'/4 of NW~~ a distance of 175 feet. more or less. to the point of beginning and there tcn11inating. localed in Otter Tail County, Minnesota. 2. All that pait of the SE¼ of NW'," of Section 11, Township 132. Range 43, Otter Tail County. Minnesota, described as follows: Commencing at the Nortll\vest comer of said SE1/~ of NW¼; thence on an assumed bearing of South 89 degrees 55 minutes 45 seconds East along the North line of said SE¼ ofNW1/,, a distance of 60.60 feet to the easterly right-of-way line of State Trunk Highway No. 59; thence South 00 degrees 31 minutes 20 seconds East along said easterly rigl1t-of-way line, a distance of I 00.00 feet to the point of beginning of the land to be described: thence South 89 degrees 55 minutes 45 seconds East parallel with said North line of the SE1/ .. of NW¼ a distance of 175.00 feet; thence South 00 degrees 32 minutes 20 seconds East a distance of 100.00 feet: thence North 89 degrees 55 minutes 45 seconds West a distance of 175.00 feet to said easterly tight-of-way line: 1hence North 00 degrees 32 minu1cs 20 seconds West along said easterly right-of-way line, a distance of 100.00 feet to the point of beginning. STATE Of MINNESOTA COUNn'OFOTTER TAIL Re: County Ditch 16 OTC Board of Commissioners' Minutes October 26, 2010 Attachment C, Page 1 IN THE COUNTY BOARD FINDINGS AND ORDER 111c above-captioned matter came on bcfori: the Otter Tail County Board of Commissioners on the 19th day of Octohcr. 20 I 0, following a puhlic hearing held October 18, 2010. at which time the Board heard a report from Jeff Langan of Houston Engineering regarding the hydraulic capacity for two culverts. The Board. having reviewed the engineer's report. having received infonnation from the puhlic, and being fully advised in the rremiscs. makes the following Findings and Order: FINDINGS I. That the culverts at Bonnie Beach and North Clithcrnll Road provide inadequnte hydraulic capacity for the efficient opcrJtion of the drainage system lo serve its original purpose. 11. 11,at there was general agreement at the public hearing that 4R inch elliplical culverts \\·ould be satcr with larger capacity. without an excessive increase in cost and would provide adequate hydraulic capacity for 1he ditch syst4..,n. Ill. That there was no evidence that the culverts Wt."fC inst.illed atler 1947 and appear to have been installed prior to 1947. OTC Board of Commissioners' Minutes October 26, 201 O Attachment C, Page 2 IV. That the engineer has prepared hid spccitications for the replacement of the culverts and cleanout of the ditch system. ORDER NOW. THEREFORE. IT IS HEREBY ORDERED 1hat existing culverts al Bonnie Beach Road and North Clithcrnll Road he replaced with 48 inch elliptical culverts at the elevations determined hy the engineer and that the ditch he cleaned out to the estimated original ditch hottom. using the upper estimated profile grade trom Station 9 to the North Clitherall Lake Road culvert. and the lower estimated profile b'Tade below that culvert as detcm1incd in the report dated February 8, 2010. ATTEST: L~hn~ OTTER TAIL COUNTY . I r By -·c~-<IJ-<.--~q/ &t·<.--. ~-/ Roger .#focmming. Chainnan Board of Commissioners 2 ' .