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Home My WebLink AboutBoard of Commissioners - Minutes - 06/28/2011MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN June 28, 2011 6:00 p.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, June 28, 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 Froemming, second by Johnson, and unanimously carried to approve the Board of Commissioners agenda of June 28, 2011, as mailed. Approval of Minutes Motion by Huebsch, second by Johnson, and unanimously carried to approve the Board of Commissioners meeting minutes of June 21, 2011, as presented. Approval to Pay Bills Motion by Huebsch, seconded by Froemming, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Premise Permit Otter Tail County Resolution No. 2011 39 Commissioner Froemming offered the following and moved its adoption: WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and WHEREAS, th_e Ottertail Lions Club, Ottertail, MN, has made an application to the Gambling Control Board for the purpose of conducting lawful gambling at Oakwood Supper Club, Inc., located at 47420 County Highway 16 in Henning Township of Otter Tail County; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue an initial premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the application for a permit; and WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of lawful gambling by the Ottertail Lions Club, Ottertail, MN, at Oakwood Supper Club Inc., located at 47420 County Highway 16 in Henning Township of Otter Tail County. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the conduct of lawful gambling by the Ottertail Lions Club, Ottertail, MN, at Oakwood Supper Club, Inc., located at 47420 County Highway 16 in Henning Township of Otter Tail County, provided the applicant meets all the necessary criteria for the licenses and permits as required by the Gambling Control Board. OTC Board of Commissioners' Minutes June 28, 2011 Page 2 IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the Township of Henning by sending them a copy of this resolution. Commissioner Lindquist seconded the motion, and upon being put to a vote, the resolution was unanimously adopted. Adopted and signed this 28th day of June 2011 Dated: ~fl o.(J-5' @ II Attest: b~~ Larry Km~ Clrk Contract Approvals for Credit Card System Motion by Johnson, second by Froemming, and unanimously carried to authorize the County Auditor's signature on the following agreements to implement the credit card collection system previously approved on May 10, 2011: D& T Ventures -Credit Clerk Professional Services Agreement VisualGov -Transaction Processing Services Agreement Chase Paymentech (Part of VisualGov Agreement) -Merchant Account Agreement License Approvals Motion by Johnson, second by Rogness, and unanimously carried to approve the following applications for license: Amor Rumors 30932 Larson Road Battle Lake, MN 56515 Galaxy Resort, Restaurant & Deck 39578 County Highway 41 Dent, MN 56528 Lakeland General Store 22438 Old 59 Road Pelican Rapids, MN 56572 Peak Supper Club 43517 County Highway 38 Clitherall, MN 56524 Pelican Rapids Supper Club Inc. The Pelican 44086 US Highway 59 Pelican Rapids, MN 56572-7336 On-Sale Liquor and Sunday Liquor On-Sale Liquor and Sunday Liquor Off-Sale 3.2 Malt Liquor On-Sale 3.2 Malt Liquor On-Sale Wine On-Sale Liquor and Sunday Liquor OTC Board of Commissioners' Minutes June 28, 2011 Page 3 State Government Shutdown Planning John Dinsmorf?, Human Services Director, provided several planning documents for a potential State government shutdown July 1, 2011. The documents included a Department of Human Services (DHS) contingency planning memo, frequently asked questions, financial impact to counties, and an example of a ·shutdown response from Dakota County. Lengthy discussion took place regarding programs funded by federal and state dollars, how programs will be prioritized when developing a plan for continuing operations, and how to minimize risk. Mr. Dinsmore stated that Human Services will send letters to providers of services July 1, 2011 if the shutdown occurs. Human Service Contracts Motion by Huebsch, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute the following Contracts and Purchase of Service Agreements with Otter Tail County Human Services: Effective Targeted Amount of Contract & Agency Program Date Population Funding Source Adult Foster Care Contracts Dave & Sandy Residential Services/ Home 07-01-11 Elderly & Disabled AC/EW/CADI or TBI Waivered Fithen Plus/Foster Care Services through Funds 12-31-12 Residential Services/ Home 07-01-11 Elderly & Disabled AC/EW/CADI or TBI Waivered Sonja Gunkel Plus/Foster Care Services through Funds 12-31-12 Steve & Deneise Residential Services/ Home 07-01-11 Elderly & Disabled AC/EW/CAD/ or TB/ Waivered Synstelien Plus/Foster Care Services through Funds 12-31-12 Ken & Cathie Residential Services/ Home 07-01-11 Elderly & Disabled AC/EW/CADI or TBI Waivered Page Plus/Foster Care Services through Funds 12-31-12 Assisted Living & Elderly Services Residential Services/ 07/01/11 Elderly Total amount to be paid for Autumn Manor Assisted Living through purchased services not to 06/30/13 exceed the OTC approved rate 07/01/11 Elderly Total amount to be paid for Helping Hands Elderly Services through purchased services not to 06/30/12 exceed the OTC approved rate Assisted Living & Elderly Services New Dimensions Residential Services/ 07/01/11 Elderly Total amount to be paid for Home Health Assisted Living through purchased services not to Care, Inc. 06/30/13 exceed the OTC approved rate Valkommen -Residential Services/ 07/01/11 Elderly Total amount to be paid for Hem Inn Assisted Living through purchased services not to 06/30/13 exceed the OTC approved rate Pelican Valley Residential Services/ 07/01/11 Elderly Total amount to be paid for Health Center Assisted Living through purchased services not to 06/30/13 exceed the OTC approved rate Perham Memorial Residential Services/ 07/01/11 Elderly Total amount to be paid for Home Care Assisted Living through purchased services not to 06/30/13 exceed the OTC approved rate OTC Board of Commissioners' Minutes June 28, 2011 Page 4 Ghost Runner Homemaker Services Child & Family Services FF Area Special Children's Day Treatment Ed Coop & LMHC Program 07/01/11 Elderly Through 06/30/12 07/01/11 lnteragency Through Special Education 06/30/12 Program Approval to Pay Bills & Claims Total amount to be paid for purchased services not to exceed the OTC approved rate $194,629 payment made by quarterly billing -cost to OTC Human Services not to exceed $93,422 Motion by Johnson, second by Rogness, and unanimously carried to approve payment of the Human Services bills and claims as presented. ESTABLISHING THE WESTERN WATER MANAGEMENT SPECIAL TAXING DISTRICT OTTER TAIL COUNTY RESOLUTION #2011 -40 WHEREAS, Otter Tail County has established a local water management plan pursuant to Chapter 103B of the Minnesota Statutes; and WHEREAS, areas of Carlisle, Orwell, Oscar, Trondhjem, and Western Townships, which drain into Wilkin County, are in need of projects to address the following resource concerns: • To control or alleviate damage from flood waters; • To control or alleviate soil erosion and siltation of watercourses or water basins; • To protect or enhance the water quality in watercourse or water basins; • To improve stream channels for drainage, navigation and any other public purpose; • To reclaim or fill wet and overflowed land; • To regulate the flow of streams and conserve the streams' water; • To divert or change all or part of a watercourse; • To provide or conserve water supply for domestic, industrial, recreational, agricultural, or other public use; • To provide for sanitation and public health and regulate the use of streams, ditches, or watercourses to dispose of waste; • To repair, improve, relocate, modify, consolidate, and abandon all or part of a drainage system; • To improve riparian areas; and • To provide for the protection of groundwater and regulate its use to preserve it for beneficial purposes. WHEREAS, with funds available from a special taxing district, the West Otter Tail County Soil and Water Conservation District can administer, implement, and install priority projects/programs and add contributions to funds which would be available through grants and existing state, federal, and local conservation programs on a voluntary basis; and WHEREAS, the County has authority to establish a special taxing district pursuant to Minnesota Statute 103B.331 and levy taxes in the district pursuant to Minnesota Statute 103B.335 in amounts required to implement the programs authorized by the Comprehensive Local Water Management Act, Sections 103B.301 to 103B.355; and OTC Board of Commissioners' Minutes June 28, 2011 Page 5 WHEREAS, the types of projects shall include state, federal, and local conservation assistance programs approved by the West Otter Tail Soil and Water Conservation District Board of Supervisors; WHEREAS, the area in need of the projects and to be part of the special taxing district shall include: Carlisle Township - all of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 16, 17, 18, 19, 20, 21, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Orwell Township- all of Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34, Oscar Township - all of Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Rothsay City - all platted and un-platted properties within the City of Rothsay located within the boundaries of Otter Tail County, Trondhjem Township - all of Sections 19, 20, 21, 29, 30, 31 and 32, and Western Township - all of Sections 3, 4, 5, 8 and 9. NOW, THEREFORE, IT IS HEREBY RESOLVED that Otter Tail County establishes a special taxing district in the above-described area for the purposes of implementing the Comprehensive Local Water Management Act within the district. Upon the motion of Johnson, seconded by Lindquist, the Otter Tail County Board of Commissioners adopts the foregoing resolution #2011 -40, establishing a special taxing district pursuant to M.S. 1038.331 by the following vote: Board of County Commissioners Roger Froemming Wayne Johnson Douglas A. Huebsch Leland R. Rogness John Lindquist ATTEST: ~ ~-~ . Lirry ~. cirk YEA X X X X X NAY ABSENT ABSTAIN Lindquist, Chair of Commission s OTC Board of Commissioners' Minutes June 28, 2011 Page6 Public Hearing for Amendments to the Tobacco Ordinance At 6:30 p.m., Chairman Lindquist opened the Public Hearing to consider amendments to the Otter Tail County Tobacco Ordinance. Diane Thorson, Public Health Director, provided a copy of the proposed amendments and a brief explanation. Ms. Thorson indicated that some of the amendments are necessary to be consistent with State law. Chairman Lindquist opened the Public Hearing for comments summarized as follows: • Cheryl Harris questioned why vending machines need to be prohibited in this Ordinance since State law already prohibits the sale of tobacco in vending machines. She requested that pipes and ashtrays be removed from the definition of Tobacco-related devices in the Ordinance. She also requested clarification that this Tobacco Ordinance is for the purpose of regulating entities selling tobacco along with tobacco related products so that antique dealers and art dealers are not adversely impacted. Commissioners requested that Ms. Thorson work with the County Attorney to remove "ashtray" from the ordinance and to clarify the intent that the Ordinance regulates only entities selling tobacco. Chairman Lindquist closed the Public Hearing at 6:55 p.m. Public Hearing for Amendment to the Sanitation Code Chairman Lindquist opened the Public Hearing for a proposed amendment to the Otter Tail County Sanitation Code (sewage systems). Bill Kalar, Land & Resource Director, explained that the proposed amendment is due to a change in lake classifications for lakes that are 150 acres or less. The change will implement best location for septic systems for lots with an existing house that cannot meet the setback requirements because of the lake reclassifications. Discussion continued. No one from the public was present. No written comments were received. Motion by Rogness, second by Johnson, and unanimously carried to amend the Otter Tail County Sanitation Code to add the underlined language below to Table IV. Minimum Sewage System Setback Standards: For lots existing by virtue of a recorded plat or deed before October 15, 1971 or lots that have an existing dwelling, which have insufficient area to meet this setback, the setback from the OHWL shall be the greatest distance possible by meeting all other setback requirements, and in no event less than 50 feet from the OHWL. The amendment will be effective August 1, 2011. Chairman Lindquist closed the Public Hearing at 7:05 p.m. RESOLUTION Support from a Designated Agency -S.P. 056-090-007 Phelps Mill Bridge Restoration -Bridge No. L0885 Otter Tail County Resolution No. 2011 -41 Commissioner Froemming offered the following and moved its adoption: WHEREAS: Otter Tail County will act as the sponsoring agency for the State Capital County and Local Preservation (Phelps Mill Bridge Restoration) project, S.P. 056-090-007 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 completion, with compliance of all applicable laws, rules and regulations. OTC Board of Commissioners' Minutes June 28, 2011 Page 7 NOW, THEREFORE, BE IT RESOLVED, that Richard West is hereby authorized to act on behalf of this sponsoring governmental unit. Commissioner. Johnson seconded the motion and, upon being put to vote, the resolution was unanimously adopted. Adopted at Fergus Falls, Minnesota, this 28th day of June, 2011 ARD OF COMMISSIONERS Attest: k,,~ ~ Larry Kr n, Cerk Vehicle Commuting Request Motion by Rogness, second by Johnson, and unanimously carried to authorize Wade Bugbee to commute with a County vehicle while working on the CSAH 83 Reconstruction project (SAP 56-683-10). Roadway Safety Plan Rick West, Highway Engineer; Howard Preston, Roadway Safety Consultant; and Mark Vizecky from the Office of State Aid; presented the Otter Tail County Roadway Safety Plan dated April 28, 2011. The document is the completion of Phase II in Otter Tail County's Highway Safety Improvement Plan (HSIP). The State Office of Traffic Safety is assisting to fund traffic safety plans for all 87 Minnesota counties through the Area Transportation Partnerships (ATP). A lengthy power point presentation took place along with a Q & A session. The data and plan is designed to give Highway Engineers the science and tools necessary to submit projects to the State for funding road safety improvements. Revised County Board Meeting Schedule Motion by Johnson, second by Huebsch, to change the Board of Commissioners meeting schedule for the months of July and August of 2011 to begin at 8:30 a.m. with completion of the meeting around noon. Generally, committee meetings will be scheduled before or after the Board meetings. The meeting dates, will remain the same as previously scheduled. Chairman Lindquist called for a roll call vote as follows: Board of County Commissioners Roger Froemming Wayne Johnson Douglas A. Huebsch Leland: R. Rogness John Lindquist YEA X X X X X NAY ABSENT ABSTAIN Highway Projects -State Shutdown Motion by Rogness, second by Johnson, and unanimously carried to cash flow State Aid Highway Projects 056-601-055 & 056-600-025 because of the State Government Shutdown which will allow the bidding process to proceed so the projects can be completed this year. The Highway Engineer indicated that funding for these projects is dedicated; therefore, the funding will be received although it could be delayed. OTC Board of Commissioners' Minutes June 28, 2011 Page 8 Dog Bite Hearing Order Motion by Froemming, second by Johnson, and unanimously carried to approve the Findings of Fact and Order, as submitted by the County Attorney, regarding the Dog Bite Hearing for the dog owned by Jerry Roger Pruitt. Drainage System #25 Motion by Huebsch, second by Lindquist, and unanimously carried to tentatively set the date for a Public Hearing for Drainage System #25 at 7:00 p.m. on August 22, 2011 at the Perham High School Auditorium. Approved Meeting Motion by Lindquist, second by Johnson, and unanimously carried to approve Commissioners' attendance at a meeting regarding the Otter Tail County Funeral and Burial policy on June 29, 2011, at Olson's Funeral Home. Adjournment At 9:15 p.m., Chairman Lindquist adjourned the meeting of the Otter Tail County Board of Commissioners until 8:30 a.m. on Tuesday, July 5, 2011. Dated: ~'01& 5'1 ciOll OTTERTA COU Attest: k;r ~ Larry Km n, Clerk By: ~~~~g::_~{?'J~~---=:--:--o missioners Chair CBll<d OTC Board of Commissioners' Minutes June 28, 2011 Attachment A, Page 1 WARRANTS APPROVED ON 6/28/2011 FOR PAYMENT 6/28/2011 VENDOR NAME BATTLE LAKE STANDARD BROADBLAST INC BURELBACH AMERICAN LEGION POST CHARLES D CENTER POST 3289 CODE 4 SERVICES LLC DAL TON CORNER STORE JOHN DEMUTH CITY FERGUS FALLS FIRE FIGHTER & DETECT ALARM FORM A FEED FREMONT INDUSTRIES INC GODFATHERS EXTERMINATING INC KELLY SERVICES INC LARRY KROHN LARRY OTT INC TRUCK SERVICE MARK SAND & GRAVEL CO MEKALSON HYDRAULICS INC WENDY METCALF MILLER'S PRECISION ENTERPRISES MN CO INTERGOVERNMENTAL TRUST OTIS ELEVATOR CO OTTER TAIL CO TREASURER OTTERTAIL TRUCKING INC OUTDOOR RENOVATIONS LANDSCAPE OVERLAND MECHANICAL SERVICES PEBBLE LAKE TAKE 5 PETE'S BODY SHOP & TOWING MICHELE PETTERSON RIDGEWATER COLLEGE RINGDAHL AMBULANCE SERVICE SAFELITE FULFILLMENT INC SIGELMAN STEEL & RECYCLING INC SOUTHTOWN OF PELICAN RAPIDS IN TITAN ENERGY SYSTEMS TNT REPAIR INC UNIFORMS UNLIMITED WASTE MANAGEMENT WESTERN NATIONAL MUTUAL INSURA .... FINAL TOTAL. ..... . AMOUNT 5.29 28,249.00 200.00 200.00 346.50 1,621.56 8.00 3,630.00 310.00 200.00 793.01 338.31 626.88 347.21 1,525.00 80,082.41 619.73 122.40 52.82 4,511.10 124.24 238.40 8,848.00 305.00 5,732.00 43.75 188.10 8.48 600.00 600.00 79.27 59.96 1,622.08 1,712.67 2,461.09 871.63 19,165.49 15,031.00 $181,480.38 ••••