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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/30/2010' . MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN Tuesday, November 30, 2010 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, November 30, 2010, at 9:35 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 Erickson, and unanimously carried to approve the Human Services Board agenda of November 30, 2010 as mailed. Approval of Minutes Motion by Lindquist, second by Erickson, and unanimously carried to approve the Human Services Board minutes of November 9, 2010, as presented. Probation Department Contract Approval Motion by Rogness, second by Huebsch, and unanimously carried to authorize the Chairman's signature to execute an Agreement between the County of Otter Tail and Lakeland Mental Health Center for the administration of a Multi-System Adolescent Chemical Dependency Program known as the "Keys to lnnervision" program. The agreement covers calendar year 2011. 2011 Enhancement Fund Fees Probation Director, Chuck Kitzman, submitted the Corrections User Group Budget for each county which pays for computer software and enhancements. He indicated that Otter Tail County's portion is larger than budgeted due to Hennepin County's membership in the group and their need for enhancements. Public Health Contract Approvals Motion by Erickson, second by Lindquist, and unanimously carried to authorize the Chairman's signature to execute an Agreement between Otter Tail County Public Health and North Dakota State Data Center (NDSDC) for NDSDC to conduct a random survey (NDSU Project #FAR0017850) of health care providers to determine attitudes, perceptions, and barriers regarding lactation education programs. Compensation, in the amount of $14,450.00, will be from the Statewide Health Improvement Program (SHIP) grant from the Minnesota Department of Health. Motion by Huebsch, second by Rogness, and unanimously carried to authorize the Public Health Director's signature to execute a Contract between the County of Otter Tail and Becker & Wilkin counties. Otter Tail County will purchase nurse time for case management and assessment services from Becker and/or Wilkin counties due to an internal reduction in staffing for the program. The motion authorizes contracting for one year with re-evaluation at that time. Motion by Lindquist, second by Erickson, and unanimously carried to authorize the appropriate County Officials' signatures to execute a Contract between the Minnesota Department of Human Services and the County of Otter Tail to accept the Child and Teen Checkup Outreach grant dollars of $136,979. OTC Board of Commissioners' Minutes November 30, 2010 Page 2 Electronic Health Records Training Motion by Huebsch, second by Erickson, and unanimously carried to authorize the Public Health Director to travel to Atlanta and Pittsburgh during 2011 to participate in a Leadership Academy to learn more about electronic health information exchanges, i.e. informatics. The Public Health Informatics Institute Academy will work with the local PH-Doc software system enhancements to meet the mandates for electronic health records by 2015. All expenses for travel costs will be paid by the Academy. Smoke Free Policy Motion by Huebsch, second by Rogness, to declare all Otter Tail County grounds smoke free effective January 1, 2013. Chairman Froemming called for a roll call vote: Board of County Commissioners Leland R. Rogness Douglas A. Huebsch Everett P. Erickson John Lindquist Roger Froemming Motion carried 3 -2. YEA X X X NAY ABSENT ABSTAIN X X (see Attachment B of these minutes for all Board action regarding Smoke Free Policies) Human Services Contracts Motion by Erickson, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute the following Purchase of Service Agreements with Otter Tail County Human Services: Effective Targeted Agency Program Date Population Funding Source Sha rehouse-Chemical Dependency 01-01-11 Eligible Individuals County of Financial Responsibility Stepping Stones Treatment thru Consolidated CD Treatment Fund 12-31-11 and MA Lutheran Social 01-01-11 Total Cost of Guardianship Services Services Guardianship Services thru Elderly/Disabled for 2011 will be $67,900. 12-31-11 Otter Tail County and MSA (MN Sunnlemental Assistancel Nutrition Services, Home Delivered Meals 01-01-11 $6.16 per meal -CADI & 'EW Waiver Inc. thru Elderly Dollars 12-31-12 Computer 01-01-11 Support to Human Otter Tail County as follows: Trimin Systems, Management for thru Service Computer FY2011-$21,482.75 Inc. Human Services 12-31-15 Systems FY2012 -$21,482.75 (CMHS) FY2013-$22,451.50 FY2014 -$23,349.50 FY2015 -$24 167.25 A Place To Belong Social Club Type 01-01-11 Adults with Serious One-time fund payment of $18,310 Activities thru & Persistent Mental BCOW Initiative Funds 12-31-11 Illness , Lakeland Mental Health Center Department of Human Services State Operated Children's & Adult's 01-01-11 Mental Health Services thru &Chemical 12-31-11 Denendencv Services Community Addiction 01-01-11 Recovery Enterprise thru (CARE Program) 12-31-11 OTC Board of Commissioners' Minutes November 30, 2010 Page3 Adults & Children Initiative Funding, County of with Serious MI and Responsibility, MA, or State and Individuals eligible Federal Funds Depending on the for CD Services Proaram Adults needing CD Consolidated CD Treatment Fund Treatment Services County of Financial Responsibility Health Plans, 3"' Party Coverage or Self-Pav Region IV Multi-County Collaborative Initiatives Human Services Director, John Dinsmore, reported on shared services and regionalization. A handout was provided entitled "Region IV Multi-County Collaborative Initiatives". Mr. Dinsmore discussed the original legislation regarding Human Services regionalization, the alternative legislation, and developing performance standards for program areas. By 2013, Counties would develop Service Development Authorities (SDA) to join with other counties and share resources and staff. Many Human Services Agencies have been sharing staff for many years in various program areas. Approval to Pay Bills & Claims Motion by Erickson, second by Huebsch, and unanimously carried to approve payment of the Human Services bills and claims as presented. Adjournment At 10:05 a.m., Chairman Froemming adjourned the meeting of the Otter Tail County Human Services Board until 9:30 a.m. on Tuesday, December 14, 2010. Dated: T)>ve 001,..,. l'-1 ;:,.o,o I OTTER TAIL COUNTY HUMAN SERVICES BOARD Call to Order The Otter Tail County Board of Commissioners convened Tuesday, November 30, 2010, at 11 :02 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 Erickson, second by Rogness, and unanimously carried to approve the Board of Commissioners agenda of November 30, 2010, with the following additions: Request for Approval of Special Meeting Minutes for November 23, 2010 Request for Approval of Geotechnical Study for CSAH 1 & CSAH 27 Closed Session for Labor Negotiation Strategies Approval of Minutes Motion by Huebsch, second by Froemming, and unanimously carried to approve the Board of Commissioners minutes of November 16, 2010 and Board of Commissioners' Special Meeting minutes of November 23, 2010 as mailed. OTC Board of Commissioners' Minutes November 30, 201 0 Page4 Approval to Pay Bills Motion by Rogness, second by Huebsch, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Planning Commission Recommendations Preliminary Plat -"Miller's Buchanan Oaks''. Marv D. Banz & Greg Miller: Motion by Erickson, second by Rogness, and unanimously carried to deny the proposed Preliminary Plat known as "Miller's Buchanan Oaks" consisting of two single family residential lots for the reasons stated in the November 17, 2010, Planning Commission minutes. The property is described as Lot 6 Block 1, Buchanan Oaks, Section 35 of Rush Lake Township; Buchanan Lake (56-209), GD. Conditional Use Permit-Marvin & Ann Hexum: Motion by Huebsch, second by Erickson, and unanimously carried to approve a Conditional Use Permit for operation of a Bar & Grill (short-order food) based on the revised plan dated October 28, 2010. The property is described as Lots 4, 5 ex trs and ex platted, Sec 24 of Dora Township; Big McDonald Lake (56-386), RD & Brown Lake (56-1628), NE. Conditional Use Permit-Robert 0. Leaders Tst: Motion by Huebsch, second by Lindquist, and unanimously carried to approve a Conditional Use Permit for an After-The Fact earthmoving request subject to conditions as recommended by the Planning Commission which includes partial project restoration. The property is described as Pt of GL 4 (.65 AC), Section 18 of Leaf Lake Township; West Leaf Lake (56-114), RD. Request from US Fish & Wildlife Service On behalf of the USFWS, Land & Resource Director, Bill Kalar, requested an exemption to Otter Tail County's grade and fill permit requirement when the USFWS is working on wetland restoration projects. No support was expressed for a change in the Shoreland Management Ordinance. No action was taken. Association of Minnesota Counties Committee Appointments Chairman, Roger Froemming, appointed Commissioners to AMC Committees as follows: Environment & Natural Resources -Wayne Johnson General Government -Roger Froemming Public Safety -John Lindquist Health & Human Services -Lee Rogness Transportation -Lee Rogness License Applications Motion by Erickson, second by Froemming, and unanimously carried to approve the following applications for license: Carr's Enterprises, Inc. Tobacco 320 State Highway 78 N PO Box38 Ottertail, MN 56571 Elizabeth General Store Tobacco 102 West Broadway Elizabeth, MN 56533 Erhard Municipal Liquor Store 622 Fergus Ave PO Box96 Erhard, MN 56534 Lakes Area Coop -Dent Oasis 112 Main St Dent, MN 56528 Extension Program Funding OTC Board of Commissioners' Minutes November 30, 2010 Page 5 Tobacco Tobacco Motion by Huebsch, second by Lindquist, and unanimously carried to authorize the appropriate signatures on the 2011 Memorandum of Agreement between the University of Minnesota and Otter Tail County for providing Extension programs locally and employing Extension staff. Issuance of County Credit Cards Motion by Huebsch, second by Rogness, and unanimously carried to authorize the issuance of an Otter Tail County Credit Card to the following employees: Deputy Sheriff, Christopher Lane Peterson -$1,000.00 30-day limit Interim Assessor, Douglas Norman Walvatne -$1,000.00 30-day limit Payment Approvals Motion by Lindquist, second by Erickson, and unanimously carried to approve payment, in the amount of $1,358.75, to Lindquist and Venn um for Chapter 11 Bankruptcy legal services provided during the month of October. Motion by Erickson, second by Huebsch, and unanimously carried to approve payment, in the amount of $10,042.50, to Houston Engineering, Inc. for County Drainage System No. 16 engineering services provided during the period of September 20, 201 O and October 12, 2010. Recess & Reconvene At 11 :42 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. Continuation of Drainage System No. 70 Re-determination Hearing Chairman Froemming reconvened the Board of Commissioners' meeting at 1 :00 p.m. and welcomed those in attendance for the Ditch No. 70 Re-determination Public Hearing. This Public Hearing is a continuation of the Hearing that took place at 7:00 p.m. on September 23, 2010, at the Government Services Center in Fergus Falls. The following individuals represented Otter Tail County: Ditch Inspector, Randy Wasvick County Attorney, David Hauser County Auditor, Wayne Stein Ditch Viewers, Richard Bergquist, Eldor Kugler, and Howard Goese The following individuals signed the attendance roster or submitted written comment: Robert Fossan Gerhard Knutson Brian Fronning Mike Jaenisch Mark L. Bratvold Christopher E Steffen Don Vodegel Russ Dewey Paul Moe Wayne Johnson Pat Fitzgerald (written comment) OTC Board of Commissioners' Minutes November 30, 2010 Page 6 County Attorney, David Hauser, provided background information. The Ditch Viewers submitted a Ditch Viewers Report previously and there were a number of questions about specific properties. The Ditch Viewers went back into the field to view these properties again and, as a result, have submitted County Ditch No. 70 Ditch Viewers Amended Report dated October 27, 2010. Ditch Inspector, Randy Wasvick, reported that the benefit to lake properties has been reduced from 10% to 5%. Ditch No. 70 is an unusual ditch system because of the tiling going into Sewell Lake. He indicated that several other properties had been re-evaluated as stated on the Amended Report. He referred to an email from Pat Fitzgerald and stated that the Ditch Viewers have determined that the value of the property should be 10%. Chairman Froemming opened the Hearing for public input and discussion is summarized as follows: 1. Why is the outlet restricted to an 8" pipe when the outflow from Sewell Lake was a 12" pipe? An Engineer's Study is needed to determine if a 12" pipe can be used and in order to do an Engineer's Study, the benefits of the ditch must be redetermined. 2. At what point in time is the redetermination of benefits based on? The redetermination of benefits is based on the current situation; however, benefits could change if improvements are made on the ditch system. 3. If property is flooding and the redetermination is based on today's condition, what is the value? The redetermination process assumes the ditch is working. 4. The value of the ditch is $356,000, which is a decrease from the previous value of $526,000. 5. After the Ditch Authority accepts the redetermination of benefits, an Engineer will be hired to determine what the repair or improvement should be, and another Public Hearing will be scheduled. 6. Discussion took place regarding the DNR's authority to determine the height of the lake (OHWL). 7. Sewell Lake is a public body of water and cannot be lowered below the DNR's established Ordinary High Water Level without a permit. 8. If the OHWL is 1298 as determined in 1987 and the current elevation of the lake is close to that measurement, does it make sense to move forward with the process? 9. How can a farm that is on higher land be assessed a benefit when the majority of the land was not in the original ditch system? If land drains into a ditch system, the land can be assessed. 10. Jeremy Fronning questioned his assessment because it increased from the original Ditch Viewer's report and neighboring land is valued lower. 11. Mike Jaenisch questioned his assessment because it is a cattle pasture full of cattails and is connected to the lake by a channel. It will always be a wetland and should reduce the value of the property. Mr. Wasvick requested that anyone wanting their land looked at again should give their parcel numbers to the County Auditor. Motion by Rogness, second by Huebsch, and unanimously carried to continue the Drainage System No. 70 Public Hearing at 1 :00 p.m. on Tuesday, December 28, 2010 Recess & Reconvene At 1 :56 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 2:00 p.m. Detention Staffing OTC Board of Commissioners' Minutes November 30, 2010 Page 7 Motion by Erickson, second by Lindquist, and unanimously carried to authorize the Sheriff to proceed with the hiring process for a part time Detention Officer to replace a vacant position. County Drainage System No. 30 Mr. Wasvick presented a request from Dennis and Charles Schlotfeld to install tile and a standpipe on their property for drainage for spring runoff purposes. The open ditch will continue to operate as designed. Motion by Rogness, second by Lindquist, and unanimously carried to authorize Dennis and Charles Schlotfeld to install tile and standpipe in County Ditch No. 30, at their own expense, for runoff in the spring which will reduce erosion and silt buildup. Property owners are responsible for ongoing maintenance. County Drainage System No. 37 Motion by Rogness, second by Erickson, and unanimously carried to authorize payment, in the amount of $3,333.55, for pipe and supplies for work that has been authorized in Ditch No. 37 on Lujean Schei property in Underwood. Materials have been delivered; however, the work will not be completed until next fall due to high water from Bass Lake. Recess & Reconvene At 2:19 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a Highway Committee meeting. The meeting was reconvened at 2:47 p.m. RESOLUTION ACCEPTING RESPONSIBILITY AS THE SPONSORING AGENCY Otter Tail County Resolution No. 2010 -59 Motion by Froemming, second by Lindquist, and unanimously carried to adopt the following resolution: BE IT RESOLVED THAT: Otter Tail County act as sponsoring agency for a "Transportation Enhancements" project identified as the Lake Adley Bicycle Path Project 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. Dated: t,ecerob:c I':/, 2.olp OTTER TAIL COUNTY BOARD OF COMMISSIONERS Att~I ~ ¢-Larry KrohCler OTC Board of Commissioners' Minutes November 30, 2010 Page8 AGREEMENT TO MAINTAIN FACILITY Otter Tail County Resolution No. 2010 60 Motion by Froemming, second by Lindquist, and unanimously carried to adopt the following resolution: 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 Lake Adley Bicycle Path Project. 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. Dated: DeeecnNc 14, ,?,o/o OTTER TAIL COUNTY BOARD OF COMMISSIONERS A«.& ~ r;;{/ Larry Krn n, Clerk ommissioners Chair Grant Application for TH10 Interchange/Highway 34 Improvement Highway Engineer, Rick West and Perham City Administrator, Kelcy Klemm, briefed the Board on a grant application process for a proposed TH10 Interchange/Highway 34 Improvement project. The intent is to submit a grant application by December 10, 2010, to a transportation/economic development (TED) pilot project program. Interchange funding is a 70/30 split with additional dollars available through MN DEED greater MN business development program. Motion by Huebsch, second by Froemming, and carried with Rogness abstaining, to confirm Otter Tail County's financial commitment to the TH10 Interchange/Highway 34 Improvement project subject to grant approval. CSAH 1 & CSAH 27 Geotechnical Evaluations Motion by Erickson, second by Rogness, and unanimously carried to authorize the Highway Engineer to execute the following contracts between the County of Otter Tail and Braun lntertec: CSAH No. 1 Overlay: From CSAH 35 to CH 145 Northeast of Fergus Falls From CSAH 35 to CSAH 45 -$5,104.00 From CSAH 45 to CH 145 -$6,313.00 CSAH No. 27 Reconstruction: From East Fir Ave to CSAH 10 North of Fergus Falls From East Fir Ave to 1 Mile North -$3,453.00 From 1 Mile North of Fir Ave to CSAH 10 -$6,994.00 Closed to the Public OTC Board of Commissioners' Minutes November 30, 2010 Page 9 At 3:21 p.m., Chairman Froemming declared the meeting of the Board of Commissioners closed to the public for purposes of discussing labor negotiation strategies relative to the Highway, GST, Facilities Operations, and Sheriff's collective bargaining unions. Present were all five seated Commissioners, County Coordinator, County Attorney, and Board Secretary. Upon conclusion of the closed session, Chairman Froemming declared the Board of Commissioners' meeting open to the public at 3:47 p.m. Chemical Health Grant Motion by Huebsch, second by Erickson, and unanimously carried to authorize the Human Services Department, through the Otter Tail Family Services Collaborative, to submit a grant application to the Minnesota Department of Human Services Alcohol and Drug Abuse Division to implement evidence- based alcohol prevention programs and strategies in local communities to reduce underage drinking. Adjournment At 3:56 p.m., Chairman Froemming adjourned the meeting of the Otter Tail County Board of Commissioners until Tuesday, December 14, 2010. Dated: De'!eo:-bv 1'-f, .;)..c,1c OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest inf. ~ L.:arry oh< ler CB/kd OTC Board of Commissioners' Minutes November 30, 2010 Attachment A, Page 1 WARRANTS APPROVED ON 11/30/2010 FOR PAYMENT 11/30/2010 VENDOR NAME AMAZON ENVIRONMENTAL INC BACHMAN PRINTING COMPANIES GAYLON BAKKEN BLUESTONE TECHNOLOGIES INC BRETZ HARDWARE CDW GOVERNMENT INC COMSTOCK CONSTRUCTION OF MN COOPERS TECHNOLOGY GROUP CUSTOM EXPRESSIONS INC D & V'S PERHAM BAKERY DACOTAH PAPER COMPANY CITY FERGUS FALLS GALL'S INC GRAINGER INC ERVIN HAGEN MIKE HANAN HELP SYSTEMS IL INC HENRY'S FOODS INC HESS EXCAVATING HIGH PLAINS TECHNOLOGY HOMETOWN REPAIR INNOVATIVE OFFICE SOLUTIONS JK SPORTS DEAN JOHNSON KELLY SERVICES INC LAKE REGION HEALTHCARE CORP LAKES AREA PEST CONTROL LLC LARRY OTT INC TRUCK SERVICE LOCATORS & SUPPLIES INC MARCO INC ST LOUIS MCFARLANE INC MID-CENTRAL EQUIPMENT INC MIDWEST PRINTING CO MIDWESTERN MAT RENTAL & SUPPLY MN CO ATTORNEYS ASSOCIATION MN SHERIFFS' ASSOCIATION NORTH AMERICAN SALT CO RICHARD OLSON OTIS ELEVATOR CO OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL TELCOM OTTERTAIL TRUCKING INC PELICAN RAPIDS PRESS PEPSI-COLA PERHAM AREA EMS PITNEY BOWES PRODUCTIVE ALTERNATIVES INC RAY'S OIL COMPANY RDO TRUST #80-6130 RED BARN PLAT BOOKS RELIABLE OFFICE SUPPLIES RENEWABLE RESOURCE CONSULTANTS ROYAL TIRE INC SANITATION PRODUCTS INC SIMPLEXGRINNELL LP SRF CONSULTING GROUP INC AMOUNT 6,760.00 379.22 129.99 6,000.00 4.80 1,883.30 1,134.00 133.59 693.00 22.50 144.63 6,930.00 660.29 588.08 30.33 55.53 293.98 12.83 150.00 4,630.90 167.82 1,161.09 119.99 180.00 872.12 4,844.00 78.00 1,375.00 149.99 569.76 4,800.00 21.64 422.16 84.48 51.31 280.00 71,361.04 3,875.80 118.64 299.00 150.00 5,559.00 351.96 367.25 335.00 2,352.01 73.90 969:36 112,683.03 720.00 49.77 4,994.79 450.74 52,336.56 1,240.00 2,574.78 OTC Board of Commissioners' Minutes November 30, 201 0 Attachment A, Page 2 STATE INDUSTRIAL PRODUCTS STEINS INC STREICHERS TASER INTERNATIONAL DARREN TORGUSSON TRANQUILITY BUILDING SERVICES UNIFORMS UNLIMITED UNITED BUSINESS SOLUTIONS INC VOSS LIGHTING DOUGLAS WALVATNE ZIEGLER INC ••-FINAL TOTAL. ..... . 266.98 171.12 76.57 809.95 430.00 483.44 234.52 529.98 450.16 30.45 2,334.78 $312,494.91-- Otter Tail County OTC Board of Commissioners' Minutes November 30, 2010 Attachment B, Page 1 Smoking Free Policy/County Board Actions February 27, 1991: Motion by Lindquist, seconded by Windels and unanimously carried to adopt a smoke free policy to include all county buildings, with the exception of highway garages and county vehicles, and to offer a Stop Smoking Program through the Public Health Department at no cost to interested employees effective April 1, 1991. August 19, 2003: Motion by Froemming, second by Mosher, and unanimously carried to revise the County Smoking Policy to include the following language: • To prohibit smoking in all Otter Tail County buildings, and • To prohibit smoking by entrances near air intake vents, and • To prohibit smoking in all Otter Tail County pool cars. November 30, 2010: Motion by Huebsch, second by Rogness, to declare all Otter Tail County grounds smoke free effective January 1, 2013. Chairman Froemming called for a roll call vote: Board of County Commissioners Leland R. Rogness Douglas A. Huebsch Everett P. Erickson John Lindquist Roger Froemming Motion carried 3 -2. YEA X X X X X ABSENT ABSTAIN