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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/11/2011MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN October 11, 2011 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, October 11, 2011, at 9:30 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. I , Approval of Agenda Motion by Froemming, second by Rogness, and unanimously carried to approve the Board of Commissioners agenda of October 11, 2011. with the following additions: Under General Discussion -USFWS Easement Request, Watershed District Discussion, & Reconsideration of Oct. 4th Motion Regarding Payment of Coffee Approval of Minutes Motion by Froemming, second by Johnson, and unanimously carried to approve the Board of Commissioners. meeting minutes of October 4, 2011, as presented. Approval to Pay Bills Motion by Rogness, seconded by Johnson, and unanimously carried to approve payment of the County Board bills per l?,ttachment A of these minutes. Capital Improvement Plan Public Hearing Chairman Lindquist opened the Public Hearing regarding a Capital Improvement Plan to refinance the Housing and Redevelopment Authority (HRA) Bonds issued in 2002 for the debt on the Government Services buildi~g. Carolyn Drude, Ehlers and Associates Bond Consultant, estimated a savings of about 7% over ~ period of about ten years. RESOLUTION NO. 2011 -57 RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND CONFIRMING INTENT TO ISSUE BONDS WHEREAS, there has been presented to this Board a Five-Year Capital Improvement Plan (the "Plan") for the County prepared in accordance with Minnesota Statutes, Section 373.40; and I WHEREAS, in preparing the Plan, this Board considered the factors set forth in Minnesota Statutes, Section 373.40,ISubd. 3; and WHEREAS, a public hearing was duly called and held on the Plan and the Board's intent to issue bonds for transactions contemplated by the Plan consisting of the acquisition of the property described therein owned by the Otter Tail Housing and Redevelopment Authority (the "HRA") and refunding of the outstanding HRA bonds, pursuant to the requirements of Minnesota Statutes, Section 373.40. OTC Board of Commissioners' Minutes October 11, 2011 Page 2 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OTTER TAIL COUNTY, MINNESOTA, AS FOLLOWS: 1. The Plan is hereby approved. 2. The Board's intent to issue bonds pursuant to the Plan is hereby confirmed. The estimated amount of bonds is $6,235,000. The issuance of the bonds is subject to a referendum if a petition meeting the requirements of Minnesota Statutes, Section 373.40, Subd. 2{c) requesting a vote on the issuance is filed with the County Auditor within 30 days after the date hereof. 3. Sealed proposals for the bonds will be received on Tuesday, November 29, 2011, at the offices of Ehlers & Associates, Inc. The Board of Commissioners will meet at the Government Center at 1 :00 o'clock PM. on the same day for the purpose of considering the proposals and awarding the sale of the bonds. The terms of the bonds and the sale thereof shall be substantially as set forth in the report of Ehlers & Associates, Inc. on file in the office of the County Administrator. Motion for the foregoing Resolution was made by Commissioner Johnson and seconded by Commissioner Froemming upon a vote being duly taken thereon, the following voted in favor of: Commissioners Lindquist, Rogness, Huebsch, Johnson, and Froemming. and the following were against: None and the following were absent: None WHEREUPON, the Resolution was declared duly passed and adopted the 11th day of October 2011. Dated: Oc.-f-. /'ii .Q..o II Attest: ~ ~ LarryKron, Clrk Facility Master Plan Motion by Froemming, second by Johnson, and unanimously carried to approve the Budget Committee's recommendation to finance the total costs of structural improvement as identified in the Facility Master Plan dated September 20, 2011 with the issuance of bonds for approximately one-half of the total estimated project cost and with operating transfers to the Construction Fund from the following funds as noted below: Capital Improvement Fund General Revenue Fund Human Services Fund $2,500,000 $1,500,000 $1,000,000 Resolution No. 2011 -58 OTC Board of Commissioners' Minutes October 11, 2011 Page 3 Resolution Providing for the Sale of $4,620,000 General Obligation Bonds Commissioner Huebsch, introduced the following resolution and moved its adoption: A. WHEREAS, the Board of County Commissioners of Otter Tail County, Minnesota, has heretofore determined that it is necessary and expedient to issue the County's $4,620,000 General Obligation 'Bonds (the "Bonds"}, to finance a portion of the 2011 Otter Tail County Facilities Master Plan for facilities improvements. The Bonds will consist of a combination of $4,080,000 G.O. Courthouse Bonds and $540,000 G.O. Jail Bonds; and B. WHEREAS, the County has retained Ehlers & Associates, Inc. in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, as follows: ' 1. Authorization: Findings. The Board of County Commissioners hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Ooening. The Board of County Commissioners shall meet at 1 :00 p.m. Tuesday, November 29th, for the purpose of considering sealed proposals for and awarding the sale of the' Bonds. ' 3. Official Statement. In connection with said sale, the officers or employees of the County are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the County upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Rogness and, after full discussion thereof and upon a vote being taken thereon, the following Commissioners voted in favor thereof: and the following voted against the same: None Whereupon, said resolution was declared duly passed and adopted the 11 th day of October, 2011. Attest: OTC Board of Commissioners' Minutes October 11, 2011 Page4 Courthouse Remodeling Project Motion by Rogness, second by Froemming, and unanimously carried to request the County Administrator to prepare a historical, chronological timeline with corresponding editorial of the Courthouse Remodeling project. Recess & Reconvene At 10:07 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 10:12 a.m. Motion Rescinded Motion by Huebsch, second by Johnson, and unanimously carried to rescind the following motion from the October 4, 2011, County Board meeting based on the County Attorney's opinion regarding the Public Purpose Doctrine: "Motion by Huebsch, second by Johnson, and carried with Lindquist opposed, that Otter Tail County will supply coffee for employees." Wildlife Habitat Easement Request Discussion took place regarding drainage ditches, benefited properties, and government owned land. Motion by Huebsch, second by Rogness, and unanimously carried to certify the following USFWS wetland easement request to protect wetlands and waterfowl while allowing agricultural use of the property: Vaughan, Michael R. T. 132 N., R. 37 w., 5th P.M. Section 30, That part of Government Lots 3 and 4 described as follows: Commencing at the southwest corner of said Section 30; thence South 90 degrees 00 minutes 00 seconds East, assumed bearing along the south line of said Section 30, a distance of 1451 .48 feet to the east line of said Government Lot 4; thence North 02 degrees 00 minutes 23 seconds East, along said east line, 7 49.46 feet to the point of beginning of the land to be described; thence North 90 degrees 00 minutes 00 seconds West 669.53 feet; thence South 00 degrees 00 minutes 00 seconds East 154.34 feet; thence North 90 degrees 00 minutes 00 seconds West 814.47 feet to the west line of aforesaid Section 30; thence North 00 degrees 36 minutes 19 seconds West, along said west line, 2054.38 feet to the north line of aforesaid Government Lot 3; thence North 89 degrees 39 minutes 40 seconds East, along said north line, 1572.61 feet to the east line of said Government Lot 3; thence South 02 degrees 00 minutes 23 seconds West, along said east line of Government Lot 3 and the east line of said Government Lot 4, a distance of 1910.40 feet to the point of beginning. Subject to a 35.00 foot easement for access purposes over that part of aforesaid Government Lot 4. The easterly sideline of said easement is described as follows: Beginning at the southeast corner of said Government Lot 4; thence North 02 degrees 00 minutes 23 seconds East, along the east line of said Government Lot 4 a distance of 7 49.46 feet to the point of termination. The westerly sideline of said easement shall be prolonged or shortened to terminate on a line bearing North 90 degrees 00 minutes 00 seconds west from said point of termination and also terminating on the south line of said Government Lot 4. Also together with a 35.00 foot easement for access purposes over that part of aforesaid Government Lot 4. The easterly sideline of said easement is described as follows: Beginning at the southeast corner of said Government Lot 4; thence North 02 degrees 00 minutes 23 seconds east, along the east line of said Government Lot 4 a distance of 7 49.46 feet to the point of termination. The westerly sideline of said easement shall be prolonged or shortened to terminate on a line bearing North 90 degrees 00 minutes 00 seconds west from said point of termination and also terminating on the south line of said Government Lot 4. OTC Board of Commissioners' Minutes October 11, 2011 Page 5 , Proposed Watershed District Board members discussed the recent meeting with Wilkin County and the Buffalo-Red River Watershed Di~trict. Concern was expressed regarding Board membership and ad valorem tax. Chairman Lindquist requested that this discussion be continued at next week's regular Board meeting. Continuation of Public Hearing for Drainage System #39 At 10:34 a.m., Chairman Lindquist continued the Public Hearing for County Ditch #39 from September 26, 2011. Brian Armstrong, GIS Coordinator, provided a power point presentation showing the various sections of Ditch #39 and water flow. His data showed that the natural flow of water from 140th St. is to the south due to a large beach ridge to the west. He recommended that the County petition the Bois de Sioux Watershed District with this information. David Hauser, County Attorney, stated that the Bois de Sioux Watershed District has created a political boundary that is not based on the watershed or the natural flow of water. Mr. Hauser stated that this water does not flow to Ditch #39 and he expressed concern whether or not Ditch #39 has the capacity for additional water. Don Davenport, Otter Tail County's representative on the Bois de Sioux Watershed Board, indicated that this area; is an overloaded system without adequate outlet capabilities to the south. Lengthy discussion took place regarding the process to outlet this water to Ditch #39 as requested in the petition. Motion by Huebsch, second by Rogness, and unanimously carried to determine that Drainage System #39 has the capacity for additional water under certain conditions. This would require a control structure to prevent flooding to the north with the conditions to be determined by an Engineering Study. Mr. Hauser indicated that there is not enough information to set appropriate standards to outlet into Ditch #39. Randy Wasvick, Ditch Inspector, recommended cleaning the lower part of the bra'nch, clean-out of several culverts, and shut down the flow in the spring and during high rainfalls. An Engineer Study would not be needed in his opinion. Motion by Huebsch, second by Rogness, and:unanimously carried to rescind the previous motion regarding capacity of Ditch #39 and request that all interested parties be represented at a meeting Thursday, October 13, 2011 to work out an agreement. Motion by Rogness, second by Huebsch, and unanimously carried to continue the Drainage System #39 Public Hearing to 10:40 a.m. on October 25, 2011. Recess & Reconvene At 11 :45 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 11 :50 a.m. Tuition Assistance Motion by Frnemming, second by Huebsch, and unanimously carried to approve Tuition Assistance Agreements b_etween the County of Otter Tail and Highway Department employees' Kevin Fellbaum and Wade Bugbee as presented by the Highway Engineer. Human Service Fiscal Report John Dinsmore, Human Services Director, provided the Human Services third quarter fiscal report. He reported total Agency expenses at 69% and revenue at 70%. Human Service 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 Humari Services: OTC Board of Commissioners' Minutes October 11, 2011 Page 6 Agency Program Assisted Living & Elderly Services Mary's House Residential Services/Home Fergus Falls, MN Plus/Foster Care Services DWI Court Contract State of MN Seventh DWI Court Program - Judicial District Provide FTE Social Worker CD Related Assessments & Treatment Plans Effective Targeted Amount of Contract & Date Population Funding Source 09-22-11 AC/EW/CADlfTBI or CAC through Elderly Waiver Funds 12-31-12 10-10-11 Seventh Judicial District through Chemical & Local Match of $6,700 09-30-12 Dependency Consultant Services Motion by Rogness, second by Huebsch, and unanimously carried to authorize the appropriate County Officials' signature(s) to execute a Service Agreement between Next Chapter Technology in collaboration with Otter Tail, Clay, and Becker counties, to complete the first phase of Electronic Document Management System planning and implementation. Total cost will not exceed $33,950 or $11,317 per county. This expenditure is eligible for Federal Financial Participation funding of 50%; therefore, Otter Tail County's share is approximately $5,659. Approval to Pay Bills & Claims Motion by Lindquist, second by Rogness, and unanimously carried to approve payment of the Human Services bills and claims as presented. Road and Shoreland Tour At approximately noon, Chairman Lindquist recessed the meeting of the Otter Tail County Board of Commissioners which resumed as a Road and Shoreland Tour. All five seated commissioners were present along with various County officials. The following highway projects were visited along with several shoreland permeable paver, landscape, and riprap projects: CSAH 88 Wetland Outlet CSAH 9 Re-construction (Phase I and II) Phelps Mill Bridge Restoration North/South Turtle Lakes Outlet CSAH 30/Olaf Lake Outlet CSAH 83 Re-construction Tower Road and Bridge Construction CSAH 21/Moen Lake High Water Adjournment At approximately 5:00 p.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, October 18, 2011. Dated: Qd-, 12, o261/ Attest b(f, r;;;f: Larry Kro ' Clk CB/kd \-· e-nrior N amae A-1 Lod:: & K.>!y Lk A· l WuDe·s To"A-'Ulg A \ia.ods lJc Abe Hailltenmce inc Alb jug., Joyce AlExmdna Ttcbn!.<& Colli!ge AnwicaD lnsti.tutional Supp1" CA: Amaican W eldmg; & , Gas !nc • .\n¢¥.a Caunty ~!WW E..~ Ar?D.$tro~/Bna.n i Auto Value fa-gus Falls Ballard S..Ulitatio:c 1m: am. 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