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