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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/24/2011MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN May 24, 2011 6:00 p.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, May 24, 2011, at 6:00 p.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 Rogness, second by Johnson, and unanimously carried to approve the Board of Commissioners agenda of May 24, 2011, with the following addition: · 6:55 p.m. -Public Health Fee Schedule and Contract Approval Approval of Minutes Motion by Johnson, second by Froemming, and unanimously carried to approve the Board of Commissioners meeting minutes of May 17, 2011, amended as presented. Approval to Pay Bills Motion by Froemming, second by Rogness, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. i County Burial & Expenditure Policy Diane Duenow,: Faith & Hope Funeral Home Director, referred to an incident that occurred on April 30, 2011, in which professional funeral home services were denied. The family of Paul Whitman qualified for County payment of the services; however, the funeral home did not follow the procedures of the new County Burial Disposition Allowance and Expenditure Policy. Ms. Duenow submitted several documents explaining the family situation and reasons why the County's policy could not be followed. Discussion took place with Mr. Whitman's mother; Father Greg from Our Lady of Victory Church; John Dinsmore, Human Services Director; and Al Kremeier from Olson's Funeral Home; regarding the rationale for the new policy. Commissioners agreed to take the information under advisement and added this item to the June 7, 2011 Board agenda for a final decision. Human Services Contract Approval Motion by Rogness, second by Huebsch, and unanimously carried to authorize the appropriate County Officials' signatures to execute a Purchase of Service Agreement between the County of Otter Tail Human Services Agency and Ultimate Mobility of Perham, MN. Ultimate Mobility provides supplies and equipment for clients eligible for Alternative Care (AC), Elderly Waiver (EW), Community Alternatives for Disabled Individuals (CADI), Traumatic Brain Injury (TBI) and Community Alternative Care (CAC) and MR/RC waivers. Approval to Pay Bills & Claims Motion by Froemming, second by Rogness, and unanimously carried to approve payment of the Human Services bills and claims as presented. OTC Board of Commissioners' Minutes May 24, 2011 Page 2 Approval of Final Plat Motion by Johnson, second by Huebsh, and unanimously carried to approve the Final Plat of James Danielson known as "Danielson Addition", a two lot subdivision in Section 7 of Dead Lake Township on Star Lake (56-385) and Unnamed Lake (56-319). Drainage System No. 25 Bill Kalar, Land & Resource Director, submitted a handout dated May 24, 2011, regarding availability of Ditch Viewers. Commissioners provided Mr. Kalar with several names of individuals interested in providing County ditch viewing services. Lots Affected by Reclassification of Lakes Mr. Kalar presented proposed language for existing lots that have insufficient area to meet the setback resulting from the recent Lake Reclassifications. Mr. Kalar will counsel with the County Attorney regarding the proposed language. Bid Award -C.P. 11 :TM Motion by Huebsch, second by Rogness, and unanimously carried to award the 2011 County Wide Traffic Marking project to low bidder, AAA Striping Service Co., of St. Michael, MN in the amount of $94,245.16 as recommended by the Highway Engineer. RESOLUTION Authorizing an Archaeological Study be conducted for the Proposed CSAH 16 Trail, S.P. No. 056-090-11 Otter Tail County Resolution No. 2011 -34 Commissioner Huebsch offered the following and moved its adoption: WHEREAS: Otter Tail County in conjunction with the Minnesota Department of Transportation (Mn/DOT) are undertaking the environmental analysis for a new Trail along CSAH 16 within Otter Tail County, and WHEREAS: Otter Tail County will 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, and WHEREAS: the Mn/DOT Cultural Resources Unit has identified the need for an archaeological survey to identify whether any sites are present within the Area of Potential Effects (APE) and are eligible for the National Register of Historic Places (NRHP) in order to assess impacts and to complete environmental documentation for the proposed project, and WHEREAS: the proposed budget amount for aforementioned archaeology investigations is $7,593.46, and WHEREAS: the local share of subject budget is 20 percent. NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County does hereby agree to provide the local share of the proposed budget for the stated archaeological history investigation currently estimated at $1,518.69. OTC Board of Commissioners' Minutes May 24, 2011 Page 3 Commissioner Johnson seconded the motion and, upon being put to vote, the resolution was unanimously adopted. Adopted at Fergus Falls, Minnesota, this 24th day of May, 2011. Dated: Ju,f\e, 1. J.01 \ High Water Update Rick West, Highway Engineer, reported on the following high water pumping projects: • • • • • • • Lake Olaf/Deadman -started pumping the week of May 16, 2011. There were some issues with floating debris on the south end of East Olaf Lake. Highway 88 North of Fergus Falls -City of Fergus Falls is the lead Agency for this pumping project. N,orth & South Turtle Lakes -opened outlet week of May 16, 2011 Iverson Lake -outlet opened about 1/3 the week of May 16, 2011 Highway 29 -Pump system has started Highway 1 O -will open to traffic soon, possibly for Memorial Day Weekend Crooked Lake -outlet is open; however, that are issues with debris floating into the outlet • Highway 12 -the water is close to the tar -information regarding right of way will be available at the next County Board meeting Public Health Fee Schedule Motion by Rogness, second by Froemming, and unanimously carried to approve an updated Fee Schedule for Public Health services as presented and recommended by the Public Health Director. State Health Improvement Funding Diane Thorson, Public Health Director, received an Amendment for SHIP funding from the Minnesota Department of Health. SHIP funds were scheduled to end June 30, 2011. This Amendment reallocates unexpended funds to local Public Health Agencies and extends the contract period to September 30, 2011. Motion by Huebsch, second by Johnson, and unanimously carried to authorize the Chairman's signature to execute Amendment 1 to the MN DOH Grant Project Agreement for Community Health Boards as presented. Recess At 6:58 p.m., , Chairman Lindquist recessed the meeting of the Otter Tail County Board of Commissioners for a short break. OTC Board of Commissioners' Minutes May 24, 2011 Page 4 Watershed Improvement Area Public Hearing At 7:03 p.m., Chairman Lindquist reconvened the Otter Tail County Board of Commissioners' meeting and opened the Public Hearing to establish a Special Taxing District for a proposed Watershed Improvement Area. All five seated Commissioners and the following County Officials were present: Assistant County Attorney, Kurt Mortenson Highway Engineer, Rick West Auditor, Wayne Stein GIS Coordinator, Brian Armstrong WOTSWCD Director, Brad Mergens Land & Resource Director, Bill Kalar The attendance roster was signed by fifty-two individuals. Chairman Lindquist welcomed those in attendance and turned the meeting over to Kurt Mortenson Mr. Mortenson stated that on April 27, 2010, a Public Hearing to receive public comment was held regarding the adoption of a resolution to establish a Special Taxing District. At that time, the exact land impacted was not known. Any resolution establishing a Special Taxing District must specify, with particularity, the area to be included in the taxing district. The County has since described the area to be included in the Special Taxing District. After that, notice was mailed out to the public in the affected land area for public comment for tonight's meeting. Brad Mergens, from the WOT Soil and Water Conservation District (SWCD), reviewed how this watershed improvement plan would proceed. The SWCD will evaluate the area, identify and target areas with the highest resource concerns. The SWCD would work with land owners through the Conservation Reserve Program (CRP). Conservation practices could include wetland restorations, grass waterways, filter strips, buffer strips, erosion control structures, etc. GIS Coordinator, Brian Armstrong, provided a map of the properties included in the WIA and explained the rationale for the proposed boundary of which properties are included and which properties are not included. Chairman Lindquist referred to the Wilkin County proposed watershed district which includes this property. He spoke in opposition of creating another layer of government every time a problem is identified. Additional layers of government reduces efficiencies, extends the length of time to complete projects, and adds administrative costs that take away funding that could be used for long term conservation projects. Wayne Stein, Auditor, reviewed the tax impact within the established areas included in the proposed WIA. He reported a tax base of $1,155,254 with a tax rate of 5.194 using the sections completely in the district. For $100 of tax capacity on a property, the tax would be $5.19. Based on taxes payable for 2011, a $50,000 home would be taxed $25.97 per year for the proposed District. Commercial property has a higher class rate resulting in a higher tax for the same amount of value. Tax on ag homestead land outside of the house, garage, and one acre with a market value of $200,000 would be $51.94. Non-homestead land on $200,000 of value would be $103.87. Mr. Stein reported a multi property group example of 241.7 acres with a gross tax of $145.80 or about $0.60 per acre. Brad Mergens stated that the WIA must be approved by the County Board on an annual basis. The tax amounts could change from year to year. He stated that the Board wants to use the funds for projects. He noted that the area has been flown and data has been collected. The Board and the SWCD is aware of the problem areas. Areas of concern and focus that have been identified include Judicial Ditch #2 and the Halverson Lake area. OTC Board of Commissioners' Minutes May 24, 2011 Page 5 Chairman Lindquist opened the meeting for public input and discussion. The following is a brief summary of the questions, concerns, comments, and related discussion that was shared by those in attendance: • What will be done with the money? Mr. Mergens explained that the dollars collected would be used and paid back to land owners for implementing conservation practices such as filter strips. He referred specifically to land adjacent to a tributary or JD#2. As an example, he referred to Conservation Reserve Program contracts that pay a portion of what the land owner could receive by renting out the land. The WIA program could make up the difference of the CRP payment and actual rent payment. • Who determines what projects are to be completed in the District? Mr. Lindquist stated that an Advisory Board including people in the District would report to the County Board. Discussion took place regarding the high administrative taxes of the proposed Wilkin County Watershed District. Mr. Mergens stated that 75% of the tax in the WIA would be used for projects on the land with the remainder going to the SWCD for administrative costs. This arrangement also allows the WIA to apply for grants through the SWCD for specific projects. • Would the Special Taxing District be permanent? Mr. Mergens noted that State Statute requires the County Board to approve the Special Taxing District on an annual basis and establish' the total annual funding amount. • Will the property owners in the proposed WIA be forced to join with the Wilkin County proposed Watershed District? Pete Waller from the Board of Water and Soil Resources (BWSR) 'stated that BWSR received a petition from Wilkin County. The full BWSR Board will meet in June followed by a 35-day comment period. Following the comment period, a Public Hearing will be held in Rothsay, MN. If the BWSR decides to create a Watershed District as proposed by Wilkin County, that District will include the portion of land being considered for the Water Management Improvement Area at this meeting. Mr. Mergens reminded the public that the WIA can be approved or abolished on an annual basis and the amount of funds contributed is the decision of the County Board. • Commissioner Rogness asked how this water management plan will address the underlying concerns about the water that flows from Otter Tail County to Wilkin County. Mr. Mergens stated that there are resource concerns; however, Otter Tail County wants the water to flow to Wilkin County in a controlled manner and by way of best management practices. The WIA will allow prioritizing water issues within the defined watershed by local management. He indicated that water is currently being held back and it can be expanded by holding back more water. • What if none of my water from my property runs off into this watershed area? That is the way funding works in a watershed. Not all water runs through the tributaries. You would still be taxed in the Wilkin County proposed watershed district. Commissioner Huebsch indicated that the Wilkin County proposal will require higher taxation, create another level of government with high administrative costs, and take away local control. • Discussion took place regarding water that runs into the Special Taxing District from land that is not taxed. • Who controls the outlet of Lake Oscar if the WIA is formed? Mr. West indicated that the outlet for Lake Oscar was initiated by a petition for an outlet into JD#2. The outlet operation is an ag~eement between Wilkin and Otter Tail County and is part of JD#2 at this time. Mr. West did not expect the proposed WIA to change the agreement in place. OTC Board of Commissioners' Minutes May 24, 2011 Page 6 • It is the intent of the SWCD that all programs offered through the WIA will be voluntary. • A property owner spoke in favor of the Wilkin County proposed Watershed District and indicated that they would get help for the flooding on their property and the taxes would only be $25 per year. Concern was expressed that the water is being dumped on them because of tiling. With no further comments being offered, Chairman Lindquist requested a show of hands regarding formation of the Special Taxing District as presented. There were approximately 26 people in favor, 4 people opposed, and several indicating that they needed additional information. Chairman Lindquist closed the Public Hearing at 8:01 p.m. and recessed the Board meeting for a short break. Purchase of Sandbags At 8:09 p.m., Chairman Lindquist reconvened the meeting of the Otter Tail County Board of Commissioners. Rick West requested permission to purchase sandbags from the City of Moorhead. After this purchase, the rest of the sandbags will be sent to Bismarck. Motion by Huebsch, second by Johnson, and unanimously carried to authorize the Highway Engineer, to purchase 50,000 sandbags from the City of Moorhead for use by County residents. Sandbags will be stored for next year if not used. Meeting Approved Motion by Johnson, second by Huebsch, and unanimously carried to authorize Commissioner Rogness to attend a meeting at Green Plains Otter Tail LLC on Thursday, June 16, 2011. Adjournment At 8:24 p.m., Chairman Lindquist adjourned the meeting of Commissioners until 9:30 a.m. on Tuesday, June 7, 2011. Dated: , 11.V\e, 1, .101( CB/kd the Otter Tail County Board of VENDOR NAME APPLIED CONCEPTS INC AVCAM BACHMAN PRINTING COMPANIES WESLEY BENGTSON BNSF RAILWAY COMPANY BOB'S STANDARD BULK SERVICE HEATHER BRANDBORG BRANDON COMMUNICATIONS INC RAYN BRASEL CALL ONE INC CENTRAL LAKES CO LEGE CENTRAL STATES WIRE PRODUCTS INC CO OP SERVICES INC CODE 4 SERVICES LLC COLLEGE WAY AUTO INC CONCEPT FINANCIAL GROUP INC COOPERS TECHNOLOGY GROUP DACOTAH PAPER COMPANY DAKOTA CO SHERIFF DEANS COUNTRY MARKET DESIGN ELECTRONICS DEX EAST EHLERS & ASSOCIATES INC MICHELLE ELDIEN FASTENAL COMPANY FERGUS FALLS DAILY JOURNAL CITY FERGUS FALLS FERGUS POWER PUMP INC FOTH & VAN DYKE FRONTIER PRECISION INC SHARON FUNK MISSY FUNKHOUSER G & K SERVICES GODFATHERS EXTERMINATING INC HENRY'S FOODS INC HIGH PLAINS TECHNOLOGY THE INDEPENDENT INNOVATIVE OFFICE SOLUTIONS JIM VAESSEN LIMITED JONES AND MAGNUS KELLY SERVICES INC LAB SAFETY SUPPLY INC OTC Board of Commissioners' Minutes May 24, 2011 Attachment A, Page 1 AMOUNT 6,937.50 90.00 161.00 350.00 36,981.22 127.91 39.27 553.95 20.63 312.72 1,800.00 8,136.00 34.05 1,681.73 61.14 23.67 138.07 354.56 65.00 9.61 128.74 22.30 5,000.00 32.64 50.22 156.00 1,584.00 390.00 14,768.98 559.60 32.22 23.62 945.74 263.13 621.00 6,984.18 17.80 48.96 913.47 592.28 1,792.04 168.86 OTC Board of Commissioners' Minutes May 24, 2011 Attachment A, Page 2 VENDOR NAME LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEALTH CENTER LAKES AREA PEST CONTROL LLC LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE PAT LARUM LAWSON PRODUCTS INC LEITCH EXCAVATING LINDQUIST & VENNUM PLLP LOCATORS & SUPPLIES INC M-R SIGN COMPANY INC MAAO MACAI MANNY'S ROCKY'S BAIT MARCO INC ST LOUIS MARK AND BRENDA CONSTRUCTION INC MATTHEW BENDER & COMPANY INC MCCC Ml 33 MED-TECH RESOURCE INC MERIGEN MEDICAL MID MN HEATING & AC INC MIDWESTERN MAT RENTAL & SUPPLY MINNKOTA MN CO INTERGOV'TAL TRUST MN CO INTERGOVERNMENTAL TRUST MN ST BOARD OF ASSESSORS MN STATE AUDITOR MN STATE BAR ASSOCIATION NAPA FERGUS FALLS NE WISCONSIN TECHNICAL COLLEGE NELSON AUTO CENTER NENA NETWORK CENTER COMMUNICATIONS OFFICEMAX INCORPORATED ONE CALL LOCATORS LTD THE ORIGINAL HEATING MAN OTTER ELECTRIC LLC OTTER TAIL CO TREASURER OTTERTAIL BAKERY OTTERTAIL TRUCKING INC OVERHEAD DOOR CO OF FERGUS FALLS OVERHEAD DOOR DOCTOR OVERLAND MECHANICAL SERVICES AMOUNT 9491.55 3,485.50 83.36 103.89 1,350.00 49.47 312.77 240.00 3,648.25 193.14 445.94 430.00 170.00 380.32 283.33 2,010.05 1,249.90 75.00 343.04 398,75 2,897.73 164.47 54.00 160.00 120.00 545.00 1,596.50 627.92 81.51 700,00 65,683.78 998.00 640.00 96.36 297.82 4,956.00 1,027.30 60.75 39.00 13,491.00 180.00 2,471.49 140.48 VENDOR NAME PEMBERTON SORLIE RUFER KERSHNER MARCO PICCHIARINI PINE PLAZA TV APPLIANCE PITNEY BOWES POWER PLAN PRO SWEEP INC PRODUCTIVE ALTERNATIVES INC RDO TRUST #80-6130 RENEWABLE RESOURCE CONSULTANTS RON'S READY MART ROYAL TIRE INC SHE SERVICE FOOD SUPERVALU SOUTHTOWN OF PELICAN RAPIDS INC STATE IND[-!STRIAL PRODUCTS STEINS INC; STRAND HARDWARE & RADIO SHACK SWANSTON EQUIPMENT CORP THUMPER POND THYSSEN KRUPP ELEVATOR CORPORATION TITAN ACCESS ACCOUNT UNIFORMS ,UNLIMITED VERGAS 66 GAS & CONVENIENCE INC VOSS LIGHTING WEST PAYMENT CENTER WHITE BANNER UNIFORM SHOP FINAL TOTAL OTC Board of Commissioners' Minutes May 24, 2011 Attachment A, Page 3 AMOUNT 18.75 33.92 17.08 2,387.43 50.23 8,440.00 83,65 7,362.07 34,904.11 131.71 3,076.88 897.50 6.30 47.16 141.94 950.34 10.67 268.51 416.S5 392.00 3,262.75 208.00 832.65 476.13 3,806.30 608.00 283,577.81