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Home My WebLink AboutBoard of Commissioners - Minutes - 07/26/2011MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN July 26, 2011 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, July 26, 2011, at 8:30 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 Rogness, second by Huebsch, and unanimously carried to approve the Board of Commissioners agenda of July 26, 2011, with the following changes: Addition -Personnel Committee Meeting with Probation Director at 10: 15 am Cancellation -Kugler Dog Bite Hearing Addition -Animal Health and Control Ordinance Discussion -Diane Thorson Approval of Minutes Motion by Froemming, second by Johnson, and unanimously carried to approve the Board of Commissioners meeting minutes of July 19, 2011, as presented. Approval to Pay Bills Motion by Johnson, seconded by Froemming, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Animal Health and Control Ordinance Update Discussion Public Health Director, Diane Thorson and Public Health Nurse, Jessica Metzger discussed with the Board the current OTC Animal Health and Control Ordinance. The Board asked that the Ordinance be reviewed and compared to other Animal Control Ordinances, in particular the language regarding exotic animals, and return to the Board for further discussion. Dog Bite Hearing (Wilson/Hughes) At 8:50 a.m., Chairman Lindquist opened a Dog Bite Hearing related to two dogs, one dog known as Hershey owned by Jacob Hughes and Nancy Klobucher from Underwood MN, the other known as Abby owned by Roger Wilson from Dalton, MN. At the time of the incident Hughes and Wilson lived in the same apartment complex in Dalton. Hughes and Klobucher have since moved. Public Health Director, Diane Thorson explained that this was a first bite incident however; because of the circumstances of the bite(s) that occurred, it was being brought before the Board. Nancy Klobucher described her side of the incident. Ms. Klobucher was taking her dogs out for a walk. She leashed the dogs, opened the door to the hallway and saw the neighbors' dog unleashed in the hallway. She quickly pulled back on the larger of her two dogs and tried to shut the door. In the process the larger dog lost his balance, falling on Ms. Klobucher accidentally knocking her over. The neighbor's dog ran into her apartment and a fight with the smaller of her two dogs ensued. During the fight the two dogs ended up across the hall in the neighbors' apartment. Mr. Hughes ran to break up the fight and in the process was bitten by Mr. Wilson's dog, Abby. During the fight Hershey (Hughes/Klobucher's dog) bit Abby (Wilson's Dog) on the leg which was later amputated. Since the incident occurred Klobucher and Hughes have moved to a rural area in Underwood MN. Ms. Klobucher told the Board that the dogs are always kenneled or leashed, even now living in the country. Due to transportation issues Mr. Wilson was unable to be at the meeting and the OTC Board of Commissioners' Minutes July 26, 2011 Page 2 Board requested that Diane Thorson contact him to see if he was able to make it by noon to hear his version of events that transpired the day of the incident. Motion by Johnson, seconded by Huebsch, and unanimously carried to determine that Hershey be declared a dangerous dog. County Attorney, David Hauser will draft Findings and Order for the hearing and review the statute to determine if Hershey can be declared a dangerous dog or a potentially dangerous dog under the statute. U.S. Fish & Wildlife Fee Purchase USFW Realty Specialist, Don Kleven, requested certification to purchase a tract of land (196.15 acres) in Section 8 of Scambler Township owned by the Pelican Rapids Chapter of Pheasants Forever Inc. Pheasants Forever Inc. purchased the property when the previous owners needed to sell and the US Fish & Wildlife Department could not meet the owners' timeline to purchase the property. A lengthy discussion followed. Eran Sandquist, Pheasants Forever Regional Representative, spoke on the biological significance of this particular tract of land. Motion by Johnson, second by Froemming to approved the purchase of the aforementioned land. Neighboring landowner, Arnie Cox, questioned if Scambler Township would need an easement. Motion by Huebsch, second by Rogness, and unanimously carried to table the previous motion to approve the sale until next week to allow time to research the need for an easement from Scambler Township. Contract Administration Guideline Policy Revision Motion by Johnson, second by Rogness and unanimously carried to update the otter Tail County Contract Administration Guideline Policy (approved January 21, 2003) to reflect the dollar values as currently stated in Minnesota Statute 471.345. Local Option Disaster Abatement Polley Adoption Motion by Froemming, second by Rogness and unanimously carried to adopt the following policy statement for the implementation and administration of Minnesota Statute 273.1233: Minnesota Statute 273.1233 - Tax Relief for Destroyed Property -Local Option Disaster Abatement Otter Tail County Policy Statement For the purpose of implementing and administering Minnesota Statute 273.1233 Subdivision 1 Part (s) Subparts ( 1) and (2) the phrase "as soon as practical after the damage has occurred" shall mean that the property owner has submitted the appropriate application on or before November 15th of the payable year in which the event/damage occurred. This policy was adopted July 26, 2011. Payment Approval Motion by Huebsch, second by Lindquist and unanimously carried to approve the following ditch related expenditure: Hess Excavating-Removed Beaver Dams -County Drainage System No. 21 -$500.00 Recess & Reconvene At 10:15 a.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners recessed for a Building Committee Meeting and a Personnel Committee Meeting. The meeting was reconvened at 10:34 a.m. Hiring Request Motion by Froemming, second by Johnson and unanimously carried to authorize the Sheriff to replace a full time Corrections Officer Position and to establish a full time Corrections Officer Eligibility List. OTC Board of Commissioners' Minutes July 26, 2011 Page 3 Tower Road Bridge Project Bid Review Engineer, Rick West provided information regarding the Bids for the Tower Road Bridge Project that was held July 21, 2011. The City of Fergus Falls is the lead agency on this project so the County Board does not need to take action at this time. The apparent low bidder is Lunda Construction Co of Black River Falls, WI with a Base Bid amount of $11,806,064.11. Johnson Lake Project Mr. West informed the Board that the second appraisal for the right of way acquisition on the current plan for permanent outlet and pumping station at flooded Johnson Lake is still not done. There is another landowner who is willing to run the outlet through their property. Motion by Huebsch, second by Lindquist and unanimously carried to proceed with changes in the current plan if property owner cannot provide the second appraisal in a timely manner. "Timely manner" to be determined by the Highway Department. This motion also declares a water emergency due to safety concerns on County Highway 12 at Johnson Lake which allows the bid period to be shortened to two weeks. Approval to Pay Bills & Claims Motion by Johnson, second by Lindquist, and unanimously carried to approve payment of the Human Services bills and claims as presented. Human Services Contracts Motion by Rogness, second by Froemming, and unanimously carried to authorize the appropriate County Officials' signatures to execute the following Contracts and Purchase of Service Agreements with Otter Tail County Human Services: Agency Program Effective Targeted Population Funding Source Date Adult Foster Care Contracts Mel & Mary Residential Services/Home Contract Period Elderly & Disabled ACIEW/CADI or TBI Ann Frank Plus/Foster Care Services 07-01-11 Waivered Funds through 12-31-12 Coleen Houge Residential Services/Home Contract Period Elderly & Disabled ACIEW/CADI or TBI Plus/Foster Care Services 07-01-11 Waivered Funds through 12-31-12 Donna Krull Residential Services/Home Contract Period Elderly & Disabled AC/EWICADI or TBI Plus/Foster Care Services 07-01-11 Waivered Funds through 12-31-12 Assisted Livinc & Elderlv Services Park Gardens Residential Services/ Contract Period Elderly The total amount to be of Fergus Assisted Living 07-01-11 paid for such purchased Falls through services shall not exceed 06-30-13 the OTC •""roved Rate Discussion on Temporary Ordinance(sl for State Shutdowns County Attorney, David Hauser, updated the Board on his research for the possibility of an Electrical and Plumbing Inspections Ordinance to be valid during periods of temporary State Government shutdowns. Discussion followed. OTC Board of Commissioners' Minutes July 26, 2011 Page4 Wilson/Hughes Dog Bite Hearing Continuation Public Health Director, Diane Thorson was able to contact Roger Wilson and get a statement from him. Mr. Wilson stated he was outside when the incident occurred. He acknowledged that Joseph Wilson was bit by Abby. Mr. Wilson is willing to have Abby leashed and muzzled when out in public. Motion by Lindquist, second by Johnson and unanimously carried to require that Roger Wilson have Abby leashed and muzzled when out in public. Governing Board Display Motion by Rogness, second by Froemming and unanimously carried to approve spending up to $2,000 for the Governing Board display. Change Orders Motion by Johnson, second by Froemming and unanimously carried to approve the following change orders: Project OTC Jail Garage Ventilation Project Otter Tail County Courthouse C/E Infrastructure Change order# 1 G001 OtterTail Ag Enterprises LLC Reorganization Amount $6,200.00 $9,049.63 Motion by Rogness, second by Johnson and unanimously carried to approve the ballot accepting the reorganization plan of OtterTail Ag Enterprises LLC. Adjournment At 11 :50 a.m., Chairman Lindquist adjourned the meeting of the Otter Tail County Board of Commissioners until 8:30 a.m. on Tuesday, August 2, 2011. Dated: li!!-j"S:C:: .:J, :;lOI / OTTER TAl½OUNTY ~D OF ?OMMISSIONERS By: -,--:--P.-~~~~,--~~:::..,:.~~~"71-----=-:----indquist, Board of C CB/kc OTC Board of Commissioners' Minutes July 26, 2011 Attachment A, Page 1 WARRANTS APPROVED ON 7/26/2011 FOR PAYMENT 7/26/2011 VENDOR NAME A'VIANDS LLC ATCO INTERNATIONAL AUTO VALUE FERGUS FALLS BEYER BODY SHOP INC BLACK HILLS AMMUNITION BLESI-EVANS COMPANY BRAUN VENDING INC CHEMSEARCH CODE 4 SERVICES LLC COOPERS TECHNOLOGY GROUP DACOTAH PAPER COMPANY DENZEL'S REGION WASTE INC DEX EAST EVERGREEN EQUIPMENT INC EXCEL PLASTICS LLC EXTREME MARINE LLC FARNAM'S GENUINE PARTS INC FERGUS FALLS DAILY JOURNAL FOTH INFRASTRUCTURE & ENVIRONM FREMONT INDUSTRIES INC G & K SERVICES GALLS AN ARAMARK COMPANY GODFATHERS EXTERMINATING INC GOPHER STATE ONE CALL HOMETOWN REPAIR HONEYWELL HORI BA JOBIN YVON INC JKSPORTS K-MART KEEPRS INC KELLY SERVICES INC LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEALTH CENTER LAKES AREA COOPERATIVE LANDWEHR CONSTRUCTION INC LARRY OTT INC TRUCK SERVICE LOCATORS & SUPPLIES INC MANNY'S -ROCKY'S BAIT MARCO MARK AND BRENDA CONSTRUCTION I MATHISON COMPANY MELISSA MCCORMICK MN MOTOR COMPANY NAPA AUTO PARTS OF WADENA NAPA OF PERHAM NELSON AUTO CENTER NEWMAN TRAFFIC SIGNS NOVA FIRE PROTECTION OFFICE DEPOT ONE CALL LOCATORS LTD OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO TREASURER OTTERTAIL TRUCKING INC OVERLAND MECHANICAL SERVICES PAMIDA INC 008 AMOUNT 5,447.96 132.40 996.33 1,662.35 3,243.50 100.11 720.00 1,301.53 1,686.27 73.00 444.69 62.41 22.30 449.45 144.28 130.95 1,296.44 315.92 7,884.64 2,492.69 1,165.30 254.25 350.66 29.65 29.34 2,179.75 431.99 214.65 20.46 61.74 723.05 6,565.00 1,546.00 1,971.87 16,829.99 850.00 299.10 2,855.97 623.81 274.50 282.13 31.42 827.33 486.21 125.11 26,064.39 1,148.90 650.00 181 .22 270.36 1,353.63 65.09 17,411.00 1,011.25 15.36 OTC Board of Commissioners' Minutes July 26, 2011 Attachment A, Page 2 PAMIDA PHARMACY PITNEY BOWES PLASTOCON INC POCAHONTAS RESORT PRO AG FARMERS CO OP PRODUCTIVE ALTERNATIVES INC PROTECTION SYSTEMS INC PUBLIC AGENCY TRAINING COUNCIL PUBLIC SAFETY CENTER INC THE RAZOR BLADE COMPANY RDO TRUCK CENTERS RECYCLING ASSOCIATION OF MINNE SEHINC SOUTH MILL SERVICE STAPLES ADVANTAGE STEINS INC STRAND HARDWARE & RADIO SHACK STREICHERS T & M CONSTRUCTION TASER INTERNATIONAL TOSHIBA BUSINESS SOLUTIONS USA TRANQUILITY BUILDING SERVICES TROSDAHL BODY WORKS VISIONS GLASS VOSS LIGHTING WEST PAYMENT CENTER ZIEGLER INC FINAL TOTAL ...... . 6,092.53 2,893.00 67121 34.19 343.29 80.57 40.61 295.00 53.38 122.50 1,259.02 150.00 2,916.21 705.28 467.46 1,498.15 8.51 242.57 407.95 809.95 73.28 454.22 2,974.82 40.00 317.42 88.94 104.81 $138,952.57