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Home My WebLink AboutBoard of Commissioners - Minutes - 12/21/2010MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN Tuesday, December 21, 201 O 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, December 21, 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 Erickson, second by Lindquist, and unanimously carried to approve the Board of Commissioners agenda of December 21, 2010, with the following additions: Closed Session for Labor Negotiation Strategy Discussion Commissioners' Compensation Viewing of Ice Jam Situation on Otter Tail River Approval of Minutes Motion by Rogness, second by Huebsch, and unanimously carried to approve the Board of Commissioners meeting minutes of December 14, 2010, as presented with correction of a typographical error. Approval to Pay Bills/Committee Appointments Motion by Erickson, second by Huebsch, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Commissioners discussed committee appointments for 2011. Closed to the Public At 9:50 a.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, Commissioner Elect, Wayne Johnson, County Coordinator, County Attorney, and Board Secretary. At 10:01 a.m., upon conclusion of the closed session, Chairman Froemming declared the Board of Commissioners' meeting open to the public. U.S. Fish & Wildlife Service Habitat Easement Certification Realty Specialist, Cheri Sloneker, requested certification of a wetland habitat easement which will protect the wetlands while allowing agricultural use. Motion by Huebsch, second by Erickson, and unanimously carried to certify the following described property as wetland easement to be secured by the USFWS: Fitzgerald, Robert T. 137N. R. 42W. 5th PM Section 24, W½SW¼ OTC Board of Commissioners' Minutes December 21 , 2010 Page 2 DNR Land Acquisition Jason Grenier spoke on behalf of his family regarding a Department of Natural Resources (DNR) land acquisition in Homestead Township that took place in 2009. On May 19, 2009, the Otter Tail County Board of Commissioners approved certification of land acquisition (NE½SE¼ of Section 3, T. 136N, R.37W) contingent upon a condition that both the Frost family (sellers) and the Grenier family be allowed an easement across the west side of the newly acquired DNR property. Jason Grenier submitted a deed that includes a perpetual easement for the sellers; however, it did not include an easement for the Grenier family. The Grenier family has property that cannot otherwise be accessed. The Grenier's have been unable to have this corrected on the deed by the DNR. Discussion took place regarding the situation. The County Attorney will research this issue further with the State Attorney General's Office. He will provide a follow up report to the Board in January, 2011. 800 MHz Radio Tower Lease Motion by Erickson, second by Lindquist, and unanimously carried to authorize the Chairman's signature to execute a Land Lease (No. 98093) between the State of Minnesota DOT and Otter Tail County for property to construct the Amor Communications Tower for the Allied Radio Matrix Emergency Response System (ARMER). Recess & Reconvene At 10:22 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 10:30 a.m. Highway Project Retainage Reduced Motion by Rogness, second by Erickson, and unanimously carried to reduce the retainage from 5% to 1% on the CSAH 88 Pumping Project (SAP 056-997-004) as requested by the contractor, Sellin Brothers, Inc. of Hawley, MN. Motion by Lindquist, second by Erickson, and unanimously carried to reduce the retainage from 5% to 2% on the County-Wide Seal Coat Project (SAP 056-605-10 & etc.) as requested by the contractor, Morris Sealcoat & Trucking, Inc. Tuition Assistance Agreement Motion by Erickson, second by Rogness, and unanimously carried to authorize payment of expenses for Engineering Technician, Wade Bugbee, to attend the Bituminous Plant 1 Recertification seminar. Phelps Mill Bridge Restoration Project Highway Engineer, Rick West, reported that use of federal highway enhancement grant funds for restoration of the Phelps Mill Bridge was scheduled for 2012. He recently received information from the Minnesota DOT that a trail project in southern Minnesota scheduled for 2011 will not be moving forward. The trail project funding could be used for the Phelps Mill Bridge Restoration Project. Mr. West provided a document indicating that use of the 2011 grant funding could save the County over $200,000. There is a local portion required for the project of about $280,000. Discussion took place about the local match. Further information needs to be obtained by the Highway Department referencing project advancement as it relates to regulatory clearances/permits. Motion by Rogness, second by Lindquist, and unanimously carried to indicate the Board's intention to proceed with the Phelps Mill Bridge Restoration Project with the 2011 federal enhancement grant funding contingent upon continued discussion concerning local funds participation. Oscar Lake Outlet Project OTC Board of Commissioners' Minutes December 21, 2010 Page 3 Mr. West discussed the situation with the Oscar Lake Outlet project. He reported that water is flowing overland at this time running south into Judicial Ditch 2. Mr. West's intention was to keep the outlet open all winter to lessen the potential impact of overland flooding in the spring. However, Wilkin County officials requested the outlet be closed. The outlet was closed December 17, 2010. Wilkin County is willing to work with Otter Tail County to build a clay berm to stop the overland flow of water for the winter months. An alternative to a clay berm was discussed with Wilkin County. They suggested a rock dam in lieu of a clay berm that would allow some water to flow through. Lengthy discussion took place regarding the concerns in blocking the natural flow of water and consideration of impact on upstream properties. Oscar Township Supervisor, John Haarstad, reported several issues with township roads that may go under water if a berm is constructed. The Highway Engineer will return to the Board after further research is completed on the potential impact of county and/or township roads. Ice Jams/Flooding on Otter Tail River Mr. West reported that an ice jam was partially released on the Otter Tail River last week but has formed again creating the river to back up and cause some flooding upstream. The Otter Tail River is at its historic high for this time of year. Acting Emergency Manager, Larry Krohn, provided documentation of attempts to clear the ice jam. Discussion took place regarding public infrastructure issues vs. private property, what can be done, and how information is provided to citizens. Commissioners will view the situation this afternoon at the end of the regularly scheduled agenda items. Mr. Krohn will contact a frazil ice expert employed by the Army Corp of Engineers. Payment Approvals Motion by Erickson, second by Lindquist, and unanimously carried to approve payment, in the amount of $205.00, to Lindquist and Vennum for Chapter 11 Bankruptcy legal services provided during the month of October, 2010. Motion by Lindquist, second by Erickson, and unanimously carried to approve payment, in the amount of $18,448.00, to the Association of Minnesota Counties (AMC) for Otter Tail County's 2011 membership dues Tobacco License Application Motion by Erickson, second by Froemming, and unanimously carried to approve the following application for license: Northtown 25947 County Highway 88 Fergus Falls, MN 56537 Recess & Reconvene Tobacco At 11 :33 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for committee meetings and lunch break. The meeting was reconvened at 1 :24 p.m. OTC Board of Commissioners' Minutes December 21, 2010 Page 4 County Drainage System No, 16 Progress Report Engineer, Jeff Langan, provided a map of the Ditch No. 16 ditch system project/plan. He stated that there is digging going on today after a few delays. Interstate Engineer's Project Manager, Brad Johnson, is on site and will evaluate the materials and length of time this part of the project will require. Mr. Langan requested that the County's Ditch Inspector manage the progress and contact Mr. Johnson if issues arise. Mr. Langan will return to the Board with continued progress reports on the project. Proposed Wind Tower Ordinance Discussion Land & Resource Director, Bill Kalar, requested a follow up discussion with the Board regarding the Public Hearing for the proposed Wind Tower Ordinance. Commissioners requested that the following items be considered for further changes to the proposed Ordinance: • MET Towers should require proof of registration before a permit is granted • Interconnectivity intent -if intent is to connect to electric grid, prior arrangements should be made with the affected utility company for safety reasons • Decommissioning is the responsibility of the property owners • Dust control while the project is in progress could be a condition of the Conditional Use Permit • Exempt set back requirements from a land owner's out buildings (not residence) Requests for Forgiveness of Penalty Treasurer, Steve Andrews, submitted documentation regarding the penalty that was assessed to the Perham Hospital District. Discussion followed regarding previous communications between the Hospital District and the County. Due to those miscommunications, a motion was offered by Huebsch, seconded by Rogness, and carried with Erickson opposed to forgive the tax penalty, in the amount of $5,770.62, for the Perham Hospital District for parcel No. R77-000-99-1529-000. Motion by Erickson, second by Froemming, and carried with Huebsch opposed, to deny the forgiveness of penalty request of Tom & Kathy Maleitzke (Arthur F. Maleitzke Tst) in the amount of $95.84, for parcel No. R77-000-99-1240-000. Reason for the denial was because the County did not make an error that caused the late payment. Motion by Erickson, second by Froemming, and carried with Huebsch opposed, to deny the forgiveness of penalty request of Sanjay & Patricia Kuba in the amount of $109.12, for parcel No. R02-000-99-0665-000. Reason for the denial was because the County did not make an error that caused the late payment. Cost of Living Adjustment for Non-Union Employees Motion by Erickson, second by Lindquist, and unanimously carried to authorize a 1 % COLA for non- union employees effective January 1, 2011. Commissioners Compensation and Committees Per Diem Resolution Otter Tail County Resolution No. 2010 -61 Commissioner Froemming offered the following and moved its adoption: WHEREAS, Minnesota Statutes 375.055 provides that County Commissioners may receive per diem payments and reimbursement for necessary expenses incurred in performance of the duties of the office and shall receive compensation of annual salaries, as set by resolution of the County Board; and OTC Board of Commissioners' Minutes December 21, 2010 Page 5 WHEREAS, the current per diem rate for County Commissioners is $60.00; and WHEREAS, the current per diem rate for County Committees, excluding Ditch Viewers, is $60.00; and NOW, THEREFORE, BE IT RESOLVED, that the per diem rate for Otter Tail County Commissioners and County Committees, excluding Ditch Viewers, is established at $60.00 with necessary mileage reimbursement set at the IRS rate of $0.51 per mile effective January 1, 2011. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the annual salary for Otter Tail County Commissioners shall be established as $31,896.80 effective January 1, 2011. This is a 1% increase over the annual salary for Otter Tail County Commissioners in 2010. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the annual benefits compensation for CY2011 will be set at $975.00 per month, the same as non-union and most union employees. Commissioner Lindquist seconded the motion and YEAS and NAYS are as follows: Board of County Commissioners Leland R. Rogness Douglas A. Huebsch Everett P. Erickson John Lindquist Roger Froemming Motion carried 4 -1. Dated: _ _._/"'2...,/_2._1<__,/_2._0_1_0 ____ _ Attest k:: (? Larry Kr n, lerk YEA X X X X NAY ABSENT ABSTAIN X OTTER TAIL COUNTY BOARD OF COMMISSIONERS ' 1ng, Board of Commissioners Chair RecessNiewing of Ice Jam At 2:38 p.m., Chairman Froemming recessed the meeting of the Otter Tail County Board of Commissioners to drive to Rus Die Manor off of County Road 1 to view and discuss the frazil ice jam issues on the Otter Tail River. Adjournment At approximately 4:00 p.m., Chairman Froemming adjourned the meeting of the Otter Tail County Board of Commissioners until Tuesday, December 28, 2010. Dated: /2. /;z,; b,010 OTTER TAIL COUNTY BOARD OF COMMISSIONERS I CB/kd OTC Board of Commissioners' Minutes December 21, 2010 Attachment A, Page 1 WARRANTS APPROVED ON 12/21/2010 FOR PAYMENT 12/21/2010 VENDOR NAME A'VIANDS LLC AMERICAN COMMUNICATIONS INC AMERICAN INSTITUTIONAL SUPPLY ASSOCIATION OF MN COUNTIES BATTLE LAKE REFRIGERATION & HT BATTLE LAKE STANDARD BOBCAT OF OTTER TAIL COUNTY BOUND TREE MEDICAL LLC BUTTWEILER'S DO ALL INC CDW GOVERNMENT INC CENTRAL LAKES COLLEGE CIT TECHNOLOGY FIN SERV INC CLAY CO SHERIFF VINCE CRARY CULLIGAN WATER COND DENZEL'S REGION WASTE INC EAST OTTER TAIL FOCUS ENVIROTECH SERVICES INC FARGO FREIGHTLINER FARNAM'S GENUINE PARTS INC FERGUS FALLS DAILY JOURNAL FERGUS POWER PUMP INC FERGUS TIRE CENTER FIRE FIGHTER & DETECT ALARM FIRST LUTHERAN CHURCH THE FLOWER MILL G & K SERVICES GIRL SCOUT TROOP 30899 GIRL SCOUT TROOP 981 GOODIN COMPANY GOPHER STATE ONE CALL GRAINGER INC HAWES SEPTIC TANK PUMPING HENNEPIN TECHNICAL COLLEGE HENNING HARDWARE HONEYWELL HOUSTON ENGINEERING INC INDEPENDENT EMERGENCY SERVICES THE INDEPENDENT INNOVATIVE OFFICE SOLUTIONS ISSUETRAK INC J.P.COOKE CO DAVID JENNEN JK SPORTS KELLY SERVICES INC LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEAL TH CENTER LAKES AREA COOPERATIVE LANDWEHR CONSTRUCTION INC LARRY OTT INC TRUCK SERVICE LEITCH EXCAVATING LITTLE FALLS MACHINE INC LOCATORS & SUPPLIES INC M-R SIGN COMPANY INC. MANNY'S -ROCKY'S BAIT JAMES MCMAHON MIDSOTA MANUFACTURING INC MIDWESTERN MAT RENTAL & SUPPLY AMOUNT 1,143.67 7,500.00 421.88 700.00 198.26 72.08 102.80 983.57 483.88 13,970.74 600.00 190.53 160.00 525.00 22.82 187.20 26.10 18,711.55 44.08 406.75 1,703.46 180.00 2,014 67 341.47 3,159.00 971.01 1,106.50 250.00 250.00 173.94 20.00 241.20 75.00 555.00 56.05 631.33 2,717.00 64.22 318.50 238.15 600.00 42.65 8.82 414.65 1,002.81 7,692.00 283.00 4,371.33 676.00 1,250.00 2,320.00 3,283.07 123.45 62.91 2,070.15 4.90 164.58 164.47 OTC Board of Commissioners' Minutes December 21, 2010 Attachment A, Page 2 MN ASSOC OF CVSO MN CO ENGINEERS ASSOC MN STATE BAR ASSOCIATION NAPA FERGUS FALLS NARDINI FIRE EQUIPMENT NATIONAL BUSINESS SYSTEMS INC NELSON AUTO CENTER SUSAN NELSON NORTH AMERICAN SALT CO NORTHLAND BUSINESS SYSTEMS INC NORTHLAND COMMUNITY & TECHNICA OFFICEMAX INCORPORATED OLSON OIL CO INC ONE CALL LOCATORS LTD OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO RECORDER OTTERTAIL BAKERY OTTERTAIL TRUCKING INC OVERHEAD DOOR CO OF FERGUS FAL PACE ANALYTICAL SERVICES INC PARK REGION CO OP PENROSE OIL COMPANY PERHAM SAND & GRAVEL PREMIUM WATERS INC PUBLIC AGENCY TRAINING COUNCIL QUARTERMASTER RDO TRUCK CENTERS REGENTS OF THE UNIVERSITY OF M RENEWABLE RESOURCE CONSULTANTS REVIEW ENTERPRISES INC ROYAL TIRE INC SAMMYS ONE STOP CHERI SCHULTZ SCOTT BACKSTROM DESIGNS SEEBA'S SHOP SERVICE FOOD SUPER VALLI SEWER SERVICE ST JOHN'S ACT STRINGER BUSINESS SYSTEMS INC RICKY SWANBERG MARCIA THOMPSON TITAN ACCESS ACCOUNT TRANE US INC UNIFORMS UNLIMITED UNIVERSITY OF MN PRINTING SERV VICTOR LUNDEEN COMPANY VOSS LIGHTING WALLWORK TRUCK CENTER WASTE MANAGEMENT WELLS ROAD GRADING WEST PAYMENT CENTER RICHARD WEST ZIEGLER INC •••• FINAL TOTAL .. 300.00 400.00 ' 66.26 25.39 1,152.50 6,471.49 367.59 56.14 65,300.01 3,295.00 2,402.60 178.18 510.46 120.16 18.00 20.00 75.95 7,389.00 187.10 5,660.00 644.56 2,782.09 2,372.44 26.34 295.00 198.46 2,111.12 32,449.98 8,939.50 17.40 976.02 35.20 10.00 450.00 115.94 10.51 80.00 250.00 73.28 114.99 82.29 1,122.56 512.48 878.73 64.13 96.73 121.84 2,091.21 1,399.85 375.00 821.30 20.01 18.25 $239 605.24 ****