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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/05/2011, ' MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN April 5, 2011 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, April 5, 2011 at 9 32 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN. with Commissioners John Lindquist, Chair; Lee Rogness. Vice-Chair; Doug Huebsch, Wayne Johnson, and Roger Froemming present. Approval of Agenda Motion by Froemming, second by Johnson, and unanimously carried to approve the Board of Commissioners agenda of April 5, 2011, with the following addition: Motion for Ethanol Bankruptcy Documents Approval of Minutes Motion by Rogness, second by Lindquist. and unanimously carried to approve the Board of Commissioners meeting minutes of March 29, 2011, as mailed. Approval to Pay Bills Motion by Huebsch, second by Rogness. and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Perham Resource Recovery Facility Solid Waste Director, Mike Hanan and Ehlers and Associates Bond Counsel, Carolyn Drude, appeared before the board to discuss the sale of bonds that would be used to pay off the existing approximately $8 million in bonded debt originally issued by the City of Perham and backed by agreements with Otter Tail, Todd, and Wadena Counties. Otter Tail, Todd, Wadena and Becker counties have formed a Joint Powers Board known as the Prairie Lakes Municipal Solid Waste Authority. The bond sale is recommended by the PLMSWA as part of the process of PLMSWA acquiring ownership of the Perham Resource Recovery Facility (PRRF) from the City of Perham Additionally, refinancing of the existing bonds will save approximately $750,000 to $1 million in interest costs. PLMSWA is recommending the sale of $10.5 million in bonds to both pay off the existing City of Perham bonded debt plus an additional $2.5 million to be used for the up-front permitting and engineering costs associated with expansion of the PRRF. Ehlers and Associates had previously recommended that bonds be issued by one of the four counties (Becker, Otter Tail, Todd, or Wadena) rather than by PLMSWA since interest rates would be more favorable. Fees from operations of the PRRF would be used to operate the facility and retire the debt associated with the bonds. Ehlers and Associates indicated that dollars associated with solid waste bonds do not impact the county's overall debt limit. Commissioner Lindquist questioned Otter Tail County's short and long term debt obligation associated with this project. Mr. Hanan provided some approximate percentages of liability for the four counties with Otter Tail's being around 44%. David Hauser stated that bonds would be backed by the full faith and credit of the four counties in the group. Mr. Hanan noted that Otter Tail County as well as the other three counties have contracts in which the counties guarantee Perham's current debt. Issuing new bonds and acquiring ownership of the PRRF would not change the obligation to pay the debt but would give counties operational control over the facility. OTC Board of Commissioners' Minutes April 5, 2011 Page 2 Additional discussion took place regarding the proposed expansion of PRRF which has included the application for and receipt of $8.075 million in Capital Assistance Grant funding through the State of Minnesota. Mr. Hanan was asked to return to next week's meeting and discuss the proposed expansion and how issuance of this new bonded debt would be compared to existing debt obligations. Extract of Minutes of Meeting of the Board of Commissioners of Otter Tail County, Minnesota Pursuant to due call and notice thereof, a meeting of the Board of Commissioners of Otter Tail County, Minnesota, was duly held at the Government Services Center in Fergus Falls, Minnesota, in said County on Tuesday, the 5th day of April 2011, at 9:30 o'clock A.M. The following members were present: Roger Froemming, Doug Huebsch, Wayne Johnson, Lee Rogness, and John Lindquist. and the following were absent: None * * * * * * * * • The Chair announced that the meeting was opened to consider matters relating to the sale of up to $10,600,000 General Obligation Disposal System Revenue Bonds, Series 2011 (Prairie Lakes Municipal Solid Waste Authority) of the County, including an application to the Minnesota Public Facilities Authority for participation in its Credit Enhancement Program. Member Doug Huebsch introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE SALE OF APPROXIMATELY $10,600,000 GENERAL OBLIGATION DISPOSAL SYSTEM REVENUE BONDS, SERIES 2011 (PRAIRIE LAKES MUNICIPAL SOLID WASTE AUTHORITY) CALLING A PUBLIC HEARING AND AUTHORIZING EXECUTION OF MINNESOTA PUBLIC FACILITIES AUTHORITY CREDIT ENHANCEMENT PROGRAM AGREEMENT Otter Tail County Resolution No. 2011 -15 BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as follows: 1. Proposed Bonds. To provide funds on behalf of Prairie Lakes Municipal Solid Waste Authority Joint Powers Board for the acquisition and improvement of the Perham Resource Recovery Facility, it is hereby determined that it is necessary and expedient that the County forthwith issue its General Obligation Disposal System Revenue Bonds, Series 2011 (Prairie Lakes Municipal Solid Waste Authority), in the aggregate principal amount of up to $10,600,000. The Bonds shall be sold on the basis of competitive proposals. The Bonds are being issued pursuant to Minnesota Statutes, Sections 400.101 and 471.59, and the Joint Powers Financing Agreement between Becker, Otter Tail, Todd and Wadena Counties. The paying agent for the Bonds will be Bond Trust Services Corporation. 2. Credit Enhancement Program Agreement. To facilitate the sale of the Bonds, the County shall apply to the Minnesota Public Facilities Authority for participation in its Credit Enhancement Program. The form of Credit Enhancement Program Agreement is approved and the Chair and County Coordinator shall execute and deliver the Agreement and the County shall perform the terms thereof. The County hereby covenants and obligates itself to notify the Public Facilities Authority of any potential default in the payment of the principal of or interest on the Bonds and to perform all of its obligations under the Agreement and Minnesota Statutes, Section 446A.086. • OTC Board of Commissioners' Minutes April 5, 2011 Page 3 The County shall deposit with the Paying Agent three business days prior to each payment date an amount sufficient to make the payment due on each such date or to notify the Public Facilities Authority that it will be unable to make all or a portion of that payment The County's agreement with the Paying Agent shall include the provisions required by said Section 446A.086. The County shall do all other things which may be necessary to perform the obligations hereby undertaken under said Section 446A.086, including any requirements adopted by the Public Facilities Authority. 3. Bond Sale. Proposals for both series of Bonds will be received on Tuesday, May 3, 2011, at the offices of Ehlers & Associates, Inc. The Board of Commissioners will meet at the Government Services Center, 500 Fir Avenue West, Fergus Falls, Minnesota, at 1 :30 o'clock P.M. on the same day for the purpose of considering the proposals and awarding the sale of the Bonds. 4. Public Hearing. A public hearing on the issuance of the Bonds, as required by federal tax law, shall be held prior to the sale on April 26, 2011, and the County Coordinator shall cause notice thereof to be published in the official newspaper at least two weeks prior to the hearing. The motion for the adoption of the foregoing resolution was duly seconded by Member Roger Froemming and upon vote being taken thereon the following voted in favor thereof: Roger Froemming, Wayne Johnson, Doug Huebsch, Lee Rogness, and John Lindquist and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. Dated:_""(J'l'o"'-"n'--'' /--'-'I J..=+J _.,,Jc.C><J.1.11 __ , . Attest:_"-~=-·><="1-.L~-q,,c"'-""'=--- Larry Krohn, Clerk OTTER TAIL COUNTY n_ARD OF ~OMMISSIONERS By_.:,,:{..\-:::.....:.~,.;_.....:4=:.:::..!:'.~~~~---- Public Hearing for Sale of Bonds Motion by Rogness, second by Johnson, and unanimously carried to confirm the date of the Public Hearing for the sale of bonds to finance the expansion of the Perham Resource Recovery Facility at 6:30 p.m. on Tuesday, April 26, 2011. PLMSWA Financing Agreement Motion by Froemming, second by Johnson, and unanimously carried to authorize the Chairman's signature to execute the "Prairie Lakes Municipal Solid Waste Authority Joint Powers Financing Agreement" as submitted by the Solid Waste Director. Approval to Advertise for Position Motion by Rogness, second by Huebsch, and unanimously carried to authorize the Solid Waste Director to advertise for a Transfer Station Attendant to work Saturday mornings at the Parkers Prairie Transfer Station. OTC Board of Commissioners' Minutes April 5, 2011 Page 4 Drainage Systems No. 41 & 65 Ditch Viewer, Tiny Holm, explained reasons why Ditch No. 41 and 65 cannot be redetermined for benefits as separate ditch systems. County Attorney, David Hauser, referred to the Ditch Order and stated that these ditches should be considered as one ditch for redetermination of benefits using the same methodology and after the Ditch Viewers' Report is submitted, the consolidation can take place. The Ditch Viewers also requested an increase in their established $80 per diem. Motion by Rogness, second by Johnson, and unanimously carried to request review of the per diems paid for Ditch Viewers' work. Recess & Reconvene At 10: 15 a.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:19 a.m. Dispatch Location Discussion Architect, David Shultz, provided several documents showing the recommended site for Dispatch on the 2nd floor of the courthouse. This recommendation developed out of a March 24, 2011, meeting which included representation from all departments affected by remodeling. Mr. Shultz explained that the difference in this recommendation from the previous plan is that the area will be extensively remodeled including upgraded utility infrastructure. A motion was offered by Huebsch and seconded by Rogness to remodel the 2nd floor SW location for Dispatch as presented. This should allow construction to be completed and ready for 800 MHz console installation by October of 2011. Additionally, a camera should be installed on the door of the Dispatch area for security purposes. Chairman Lindquist called for a roll call vote as follows: Board of County Commissioners Roger Froemming Wayne D. Johnson Doug Huebsch Leland R. Rogness John Lindquist YEA X X X X X Recess At 10:32 a.m., Chairman Lindquist declared the meeting of Commissioners recessed for a Highway Committee meeting. 11:00 a.m. Commuting Request ABSENT ABSTAIN the Otter Tail County Board of The meeting was reconvened at Motion by Rogness, second by Froemming, and unanimously carried to approve the following requests to commute with County vehicles for highway project management which will reduce miles traveled: Engineering Tech II, Ryan Anderson Engineering Tech Ill, David Sillerud SP 56-601-48, Tower Road Bridge & Street Project S.A.P. 56-683-10, CSAH 83 Reconstruction Highway Construction Contract Motion by Lindquist, second by Rogness, and unanimously carried to authorize the appropriate County officials' signatures to execute a Highway Construction Contract for S.A.P. 56-683-10, CSAH 83 Reconstruction from CH 122 to 250th Street northwest of Battle Lake. OTC Board of Commissioners' Minutes April 5, 2011 Page 5 High Water/Spring Flooding Discussion Mr. West discussed several issues relative to high water including a culvert wash-out at the Intersection of CSAH 26 and CSAH 7 and water over the road on CSAH 112, 15, and 10 Approval to Purchase Pumps Motion by Johnson, second by Rogness, and unanimously carried to approve purchase of two 12" pumps (as approved in the March 22, 2011 minutes) with cost of each pump plus parts estimated at $9,500. License Applications Motion by Froemming, second by Huebsch, and unanimously carried to approve the following applications for license: Fair Hills Resort Inc. On-Sale Liquor and Sunday (Seasonal) 24270 County Highway 20 Detroit Lakes, MN 56502 The Peak Supper Club Renewal of Consumption & Display Permit 43517 County Highway 38 Clitherall, MN 56524 Subject to submission of the County Fee Spanky's Stone Hearth 34785 County Road 4 Vergas, MN 56587 Ye Olde School House Bar & Grill 24028 Emery Drive Erhard, MN 56534 On-Sale Liquor (May 1 -June 30, 2011) On-Sale Liquor (July 1, 2011 -June 30, 2012) (Both Included Sunday) Renewal of Consumption & Display Permit Recess & Reconvene At 11 :35 a m.. Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners recessed for committee meetings and lunch break. The meeting was reconvened at 1:34 p.m. PRAIRIE SNOW DRIFTERS TRAIL ASSOCIATION GRANT-IN-AID FUNDING Otter Tail County Resolution No. 2011 -16 Commissioner Froemming offered the following and moved its adoption: WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past: and WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review and approval of the County Attorney. THEREFORE, BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Prairie Snow Drifters Trail Association Snowmobile Club for the 2011-2012 snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. OTC Board of Commissioners' Minutes April 5, 2011 Page 6 Commissioner Johnson seconded the resolution and, upon being put to vote, the resolution was unanimously adopted. Adopted this 5th day of April, 2011 Dated /Jocil /J,, J.o/1 , Attest: ~ ~ Larry Krohn, Clerk OTTER TAIL COUN OARD OF COMMISSIONERS Clarification of Previous Motion Motion by Rogness, second by Huebsch, and unanimously carried to amend the following motion: Original Motion: Motion by Froemming, second by Rogness, and unanimously carried to authorize beaver dam removal on a case-by-case basis. (March 15, 2011 minutes) Amended as Follows: Motion by Froemming, second by Rogness, and unanimously carried to authorize beaver dam removal, by way of explosives, on a case-by-case basis. An engagement agreement between Otter Tail County and the provider of services should be executed in these circumstances. CHILD ABUSE PREVENTION PROCLAMATION Otter Tail County Resolution No. 2011 -17 Commissioner Froemming offered the following and moved its adoption WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community; WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by the entire community. WHEREAS, effective child abuse prevention succeeds because of partnerships created between parents, practitioners, schools, faith communities, health care organizations, law enforcement agencies, and the business community; WHEREAS, family-serving, youth-focused prevention programs offer positive alternatives for young people and encourage parents and youth to develop strong ties to their communities; WHEREAS, all citizens need to be more aware of child abuse and neglect and its prevention within the community, and be involved in supporting parents to raise their children in a safe, nurturing society. OTC Board of Commissioners' Minutes April 5, 2011 Page 7 NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby proclaims April 2011 as Child Abuse Prevention Month in Otter Tail County, and call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in efforts to prevent child abuse and neglect, thereby strengthening the communities in which we live. Commissioner Johnson seconded the resolution and, upon being put to vote, the resolution was unanimously(')dopted. C:,~ A::pcil IJ, J.Dil Date Human Services Contracts Motion by Huebsch, second by Johnson, and unanimously carried to authorize the Chairman's signature to execute the following Purchase of Service Agreement for home based services with Otter Tail County: Effective Targeted Amount of Contract & Agency Program Date Population Funding Source 03-01-11 Person's with MR State Rate Schedule Haven Manor on Residential through or related AC/EW/CADI or TBI Waivered Funds Springen Services/Asst. Living 12-31-12 conditions Motion by Rogness, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute the following contract for temporary staff in the Human Services department: Effective Targeted Amount of Contract & Agency Program Date Population Funding Source Financial Worker 05-02-11 Income OTC HS -Equivalent of Grade 13, Kelly Services (20/hrs per week to Through Maintenance Step 9 of the Financial Worker cover LOA's) 10-31-11 Recipients 2011 Salary Schedule Human Service Department 2010 Annual Report Human Services Director, John Dinsmore, presented the "Otter Tail County Human Service Department 2010 Annual Report". He reviewed various statistics contained in the report such as the County's population from 2010 census, poverty rate, aging population and cost of healthcare, and new food support regulations. Commissioners discussed the need to successfully grow our county for viable economics. Ethanol Plant Bankruptcy Documents Otter Tail Ag Enterprises bankruptcy documents related to Otter Tail County were approved in discussion at the County's March 29, 2011 regular Board meeting. Motion by Johnson, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute the Lease Termination and Mortgage Satisfaction on the Ethanol Plant relative to the bankruptcy settlement. Meeting Authorized Motion by Johnson, second by Huebsch, and unanimously carried to authorize Commissioner Rogness to attend an OTAE meeting on April 15, 2011, on behalf of the County. OTC Board of Commissioners' Minutes April 5, 2011 Page 8 Adjournment At 2: 15 p.m., Chairman Lindquist adjourned the meeting of the Otter Tail County Board of Commissioners until 9:30 a.m. on Tuesday, April 12, 2011. Dated 4oc,'/ /;;), c20II I I OTTER TAI OUN ARD OF COMMISSIONERS Attest Jcr~ ~ La'rry Krn, Cerk By: -:-1:---'-lr.--:-'---:=-=-,p,.""-":--'!'-4+~"""""'-----::-,----,-- CB/kd OTC Board of Commissioners' Minutes April 5, 2011 Attachment A, Page 1 WARRANTS APPROVED ON 410512011 FOR PAYMENT 410512011 VENDOR NAME A-1 ENGRAVING A-1 LOCK & KEY LLC A'VIANDS LLC AGGREGATE INDUSTRIES MIDWEST AMERICAN BIO MEDICA CORPORATIO AMERICAN WELDING & GAS INC ASSOCIATION OF MN COUNTIES AVTEX SOLUTIONS LLC BANK OF THE WEST WESLEY BENGTSON BRANDBORG LAW OFFICE HEATHER BRANDBORG BROGARD PLUMBING CO CDW GOVERNMENT INC CENTRAL LAKES COLLEGE CHARTER COMMUNICATIONS CODE 4 SERVICES LLC COOPERS TECHNOLOGY GROUP VINCE CRARY DARLING'S SALES & SERVICE CO MICHELLE ELDIEN ELECTION SYSTEMS & SOFTWARE IN FOTH & VAN DYKE FRANKLIN FENCE CO INC FREMONT INDUSTRIES INC GALL'S INC GRAINGER INC DENISE GUBRUD HENNING AUTO PARTS INC INNOVATIVE OFFICE SOLUTIONS JACKPOT JUNCTION JOHN'S HEATING & AC INC K.I.D.LEASING KELLY SERVICES INC LAKE REGION HEALTHCARE CORP LARRY OTT INC TRUCK SERVICE LAWSON PRODUCTS INC M-R SIGN COMPANY INC. MARCO AMY MARK MATHISON COMPANY MID MN HEATING & AC INC MN DEPT OF LABOR & INDUSTRY MN DEPT OF TRANSPORTATION MN POLLUTION CONTROL AGENCY ANNE MUELLER NAPA FERGUS FALLS NORTHLAND REBUILDING OFFICEMAX INCORPORATED OLSON FUNERAL HOME OTIS ELEVATOR CO OTTER ELECTRIC LLC OTTER TAIL TELCOM OTTERTAIL TRUCKING INC OVERLAND MECHANICAL SERVICES CITY PERHAM PHILLIPE LAW OFFICE ROYAL CHEMICAL AMOUNT 126.14 56.25 4,104.16 2,596.23 81.25 41.72 125.00 31,164.20 68.52 500.00 4,574 90 46.41 320.00 612.91 1,200.00 71.89 1,907.76 4,689.24 175.00 126.14 137.62 1,677.24 3,491.68 161.39 1,023.65 115.18 25.04 67.60 50.95 6,142.79 737.40 137.74 256.44 1,059.71 99.00 1,450.00 313.22 62.91 66.54 43.26 202.46 554.18 70.00 100.00 240.00 21.99 25.39 125.00 262.31 450.00 118.64 711.72 112.50 6,819.00 379.12 100.00 1,815.66 394.36 OTC Board of Commissioners' Minutes April 5, 2011 Attachment A, Page 2 VENDOR NAME SCHOENEBERGER FUNERAL HOME SHE SERVICE FOOD SUPER VALU SOTA SOUTHTOWN OF PELICAN RAPIDS IN SHARON SPENCER STEINS INC THE TOX GROUP THIS WEEKS SHOPPING NEWS HEIDI TOSO TRANQUILITY BUILDING SERVICES VICTOR LUNDEEN COMPANY VOSS LIGHTING WALLWORK TRUCK CENTER WW 11 CONSUL TING COMPANY ZIEGLER INC .... FINAL TOTAL .... AMOUNT 365 35 2,267.50 118.47 1,225.00 1,464.56 124.48 1,746.17 490.00 63.96 143.62 425.00 29.67 849.26 439.75 1,230.00 1,134.01 $94 326.21 ....