HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/22/2012MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
515 W. Fir Avenue, Fergus Falls, MN
May 22, 2012
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, May 22, 2012 at 9:30 a.m., at the Otter
Tail County Go'vernment Services Center in Fergus Falls, MN, with Commissioners Lee Rogness, Chair;
Doug Huebsch! Vice-Chair; Wayne Johnson, John Lindquist, and Roger Froemming present.
I
, Approval of Agenda
Chairman Rogness called for approval of the May 22, 2012 agenda. Motion by Froemming, second by
Lindquist, and unanimously carried to approve the Board of Commissioners agenda of May 22, 2012 with
the following additions:
· General Discussion -User Agreement for a Communications Tower
General Discussion -Various Solid Waste Department Requests
Dog Bite Findings and Order
Meeting Date for the Little McDonald Lake Outlet Ad Hoc Committee
Approval of Minutes
Motion by Johnson, second by Froemming, and unanimously carried to approve the Board of
Commissioners meeting minutes of May 15, 2012 as presented, including a title change from Highway
Engineer to Interim Ditch Inspector under the Ditch #5 Heading.
Approval to Pay Bills
Motion by Huebsch, second by Johnson, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
, Department of Natural Resources Wildlife Easements
Don Schultz, DNR Area Wildlife Supervisor, requested approval to purchase two easements at the outlet of
Upper Lightning Lake in Section 36 of Western Township.
Easement for Construction and Maintenance of Water Control Structure
' Otter Tail County Resolution No. 2012 -35
WHEREAS, The Minnesota DNR Section of Wildlife proposes to purchase two (2) easements that would
allow cleaning of the outlet and installation and maintenance of a water control structure and pumping
system at the outlet of Upper Lightning Lake, and
WHEREAS, the easements are needed .is part of a plan to manage water levels on the lake to improve
water quality and benefit wildlife through temporary draw downs, and
I l
WHEREAS, the easement properties remain in private ownership and continue to be farmed, and
WHEREAS, the description of the easement parcels to be purchased by the DNR are as follows:
I
Project: Upper!Lightning WPO
Parcels: #1
County: Otter Tail
Acquisition No: 146900
Landowner: Robert V. and Janice E. Mittelstadt
OTC Board of Commissioners' Minutes
May 22, 2012
Page 2
An easement for channel maintenance and water level control purposes over, under and across the
following described property:
Government Lot Four (4), except the South 13 acres of Government Lot Four (4), in Section Thirty-six
(36), Township One Hundred Thirty-one (131), Range Forty-four (44).
EXCEPTING THEREFROM the east 440 feet.
Prepared by: Robert Langner 11/3/2011
Description from QCD doc. No. 806747, added east 440' exception.
Project: Upper Lightning WPO (00060)
Parcels: #2
County: Otter Tail
Acquisition No: 146910
Landowner: Lorain & Dorothy Gehrke, Trustees for the Trust Agreement of Dorothy L. Gehrke
An easement for channel maintenance and water level control purposes over, under and across the west
500 feet of the following described property:
The Southeast Quarter of the Southwest Quarter and also a tract as follows:
Beginning at the Southwest corner of Lot 4 of Section 36, Township 131 North, Range 44 West,
running thence East 80 rods; thence North 26 rods; thence West Eighty (80) rods; thence South 26
rods; to place of beginning, containing thirteen (13) acres, provided, that the distance East and West
above given, shall run only from line to line of said Lot 4, even though the distance be less than 80
rods, all in Section 36, Township 131 North, of Range 44 West, 5th P.M.
Prepared by: Robert Langner 11/3/2011
Description in part from WD doc. No. 499447
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby
approves the purchase of the above-described two parcels for easement purposes.
Upon the motion of Lindquist and seconded by Huebsch, the Otter Tail County Board of Commissioners
passes the foregoing resolution on a unanimous vote.
Adopted at Fergus Falls, Minnesota, this 22nd day of May, 2012
Dated: _,,,,)C-"l.JU.0.1J;e:,__,S"'--... , _,d-J"'O:::...,_:I d->=._ __
Attest: hv~ ~ CarryK hn~
Dog Bite Hearing Order
Motion by Johnson, second by Lindquist, and unanimously carried to authorize the Chairman's signature to
execute the Finding of Fact and Order regarding the dog (Kasey) owned by Kimberly Jean Armstrong as
submitted by the County Attorney.
OTC Board of Commissioners' Minutes
May 22, 2012
Page 3
Chemical Dependency/Detox Annual Report
Deb Sjostrom, Human Services Supervisor, briefed the Board regarding the Chemical Health Unit staff and
provided the 2011 CD Annual Report. She reviewed the number of intakes, assessments, and referrrals
for services during 2011 as well as eligibility criteria and payment options through the Consolidated
Chemical Dep~ndency Treatment Fund.
Legislative Session Review
Ms. Sjostrom submitted the Omnibus Health & Human Services Finance Bill that has recently passed
through both th'e House and Senate. She reviewed the following changes that have the largest impact on
Otter Tail County's Human Services Department as follows: Electronic Benefit Transaction (EBT)
Reforms, Personal Care Attendant (PCA) Provisions, Vulnerable Children and Adults Act (VCAA) Formula
Change, Home; and Community Based Waivers, Child Custody, Dental, and Social Worker Licensure. : '
University of Minnesota Memorandum of Agreement
Riaz Aziz, Regional Extension Director, briefed the Board regarding a three year agreement with the
University of Minnesota Extension for the 4-H program in Otter Tail County. Motion by Lindquist, second
by Huebsch and unanimously carried to authorize the appropriate County Officials' signatures to execute
an Agreement between the University of Minnesota and Otter Tail County for 2013 through 2015 for
providing Otter;Tail County's local extension programs.
'
1 Registered Land Survey
Motion by Johnson, second by Froemming, and unanimously carried to approve Registered Land Survey
No. 18 and authorize the appropriate County Officials' signatures.
I Liquor License Aoolications
Motion by Lindquist, second by Froemming, and unanimously carried to approve the following license
applications: ·
Clear Lake Resort
12296 275th Ave
Dalton, MN 56324
Cozy Cove Resort
38811 Cozy Cove Road
Dent, MN 56528
Guzzlers Inc
35776 County Highway 72
Battle Lake, MN 56515
*Heisler's Country Pub
31870 County Highway 4
Vergas; MN 56587
*Ken's Tackle
28497 County Highway 45
Battle ~ake, MN 56515
I
' *Lida Greens
22950 State Highway 108
P.O. Box 501
Pelican Rapids, MN 56572 ,
On/Off Sale 3.2 Malt Liquor
On/Off Sale 3.2 Malt Liquor
On-Sale Liquor & Sunday Liquor
Seasonal
On/Off Sale 3.2 Malt Liquor
Off-Sale 3.2 Malt Liquor
On-Sale 3.2 Malt Liquor
OTC Board of Commissioners' Minutes
May 22, 2012
Page 4
*Lakeland General Store
22438 Old Highway 59 Road
Pelican Rapids, MN 56572
*Red Horse Ranch Arena
22671 County Highway 10
Fergus Falls, MN 56537
*Ten Mile Lake Resort
12303 County Highway 35
Dalton, MN 56324
Off-Sale 3.2 Malt Liquor
On-Sale Liquor & Sunday Liquor
On-Sale Wine and
On/Off-Sale 3.2 Malt Liquor
*Silver Moon Lounge & Steakhouse On-Sale Liquor & Sunday Liquor
1117 W. Main St.
Perham, MN 56573
(*subject to review of County Attorney and Sheriff Offices and, where applicable, the submission of all required forms)
Premise Permit
Otter Tail County Resolution No. 2012 -36
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, the Ottertail Lions Club has made an application to the Gambling Control Board for the
purpose of conducting lawful gambling at Guzzlers Bar & Grill, located at 35776 County Highway 72 in
Everts 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 at Guzzlers Bar & Grill located at 35776 County Highway 72 in
Everts 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 at Guzzlers Bar & Grill located at
35776 County Highway 72 in Everts 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.
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the Township
of Everts by sending them a copy of this resolution.
Commissioner Lindquist seconded the motion. and upon being put to a vote, the Otter Tail County Board of
Commissioners adopts the foregoing resolution unanimously.
Dated: _,"-'-'\i"'w.,_.e..,,""S..,-,'-'-. d,0='--'1-";:)._,=---OTTER T lLJl,11\J y OMMISSIONERS
Attest .l,~ r::J2.
Larry Kro, Clerk
By:~~~~~~~~:::::_ __ _
Leland R. Rognes o rd of Commissioners Chair
OTC Board of Commissioners' Minutes
May 22, 2012
Page 5
RESOLUTION ESTABLISHING PROCEDURES
RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
Otter Tail County Resolution No. 2012 -37
BE IT RESOLVED by the County Board of Commissioners (the "County Board") of the County of Otter
Tail, Minnesota (the "County"), as follows:
1.
2.
Recitals.
(a) 1The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the
same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond"
proceeds, being proceeds of the County's bonds used to reimburse the County for any project
expenditure paid by the County prior to the time of the issuance of those bonds.
(b) The Regulations generally require that the County make a declaration of intent to
reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that
such declaration be made not later than 60 days after the expenditure is actually paid, and that the
bonding occur and the written reimbursement allocation be made from the proceeds of such bonds
within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the
project is placed in service (but in no event more than 3 years after actual payment).
(c) iThe County heretofore implemented procedures for compliance with the predecessor
versions of the Regulations and desires to amend and supplement those procedures to ensure
compli~nce with the Regulations.
(d) :The County's bond counsel has advised the County that the Regulations do not apply, and
hence the provisions of this Resolution are intended to have no application to payments of County
project costs first made by the County out of the proceeds of bonds issued prior to the date of such
payments.
Official Intent Declaration. The Regulations, in the situations in which they apply, require the
County to have declared an official intent (the "Declaration") to reimburse itself for previously paid
project expenditures out of the proceeds of subsequently issued bonds. The County Board hereby
authorizes the County Auditor to make the County's Declarations or to delegate from time to time
that responsibility to other appropriate County employees. Each Declaration shall comply with the
requirements of the Regulations, including witho_ut limitation the following:
(a) Each Declaration shall be made not later than 60 days after payment of the applicable
project. cost and shall state that the County reasonably expects to reimburse itself for the
expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be
made substantially in the form of the Exhibit A which is attached to these minutes and made a part
of this filesolution, or in any other format which may at the time comply with the Regulations.
' (b) :Each Declaration shall (1) contain a reasonably accurate description of the "project," as
defined in the Regulations (which may include the property or program to be financed, as
applicable), to which the expenditure relates and (2) state the maximum principal amount of
bonding expected to be issued for that project.
OTC Board of Commissioners' Minutes
May 22, 2012
Page 6
(c) Care shall be taken so that the County, or its authorized representatives under this
Resolution, not make Declarations in cases where the County does not reasonably expect to issue
reimbursement bonds to finance the subject project costs, and the County officials are hereby
authorized to consult with bond counsel to the County concerning the requirements of the
Regulations and their application in particular circumstances.
(d) The County Board shall be advised from time to time on the desirability and timing of the
issuance of reimbursement bonds relating to project expenditures for which the County has made
Declarations.
3. Reimbursement Allocations. The designated County officials shall also be responsible for making
the "reimbursement allocations" described in the Regulations, being generally written allocations that
evidence the County's use of the applicable bond proceeds to reimburse the original expenditures.
4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures
adopted by the County for compliance with the Regulations (or their predecessor versions), and,
henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern.
Upon the motion of Huebsch and seconded by Johnson, the Otter Tail County Board of Commissioners
passes the foregoing resolution on a unanimous vote.
Adopted at Fergus Falls, Minnesota, this 22nd day of May, 2012
Dated: _ __.,,.,_) ... 1 ,.,_o,_.e,,_.,___5.,_-.,..1 ""'~"'o"","-'' ~=-OMMISSIONERS
Attest: k~ ef/..
Lair0<.rn,lerk
By:
Leland R. Rogness,
Application for Exempt Permit
Motion by Huebsch, second by Johnson, and unanimously carried, to approve with no waiting period, the
LG220 Application for Exempt Permit as submitted by Lake Region Hospital Foundation for an event
scheduled for Saturday, August 11, 2012 at the Red Horse Ranch Arena located at 22671 County
Highway 10, Fergus Falls, MN.
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.
Recess & Reconvene
At 10:37 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 10:43 a.m.
User Agreement for the Luce Communications Facility
Motion by Huebsch, second by Johnson, and unanimously carried to authorize the appropriate County
Officials' signatures to execute a User Agreement between the State of Minnesota Department of
Transportation and the County of Otter Tail to provide the County with antenna space and shelter space
within MnDOT's Luce Communications Facility.
Solid Waste Hauler's License
OTC Board of Commissioners' Minutes
May 22, 2012
Page 7
Motion by Lindquist, second by Froemming, and unanimously carried to approve the 2012 Solid Waste
Hauler's License application as submitted, for Corey VanSanten, due to purchase of the business known
as West Centr~I Roll-Off.
Amendment 2 to SWIFT Contract No. 27197 {formerly B10829)
Motion by Johr:,son, second by Froemming, and unanimously carried to authorize the appropriate County
Officials' signatures to execute Amendment 2 to the SWIFT Contract between the State of MN Pollution
Control Agency and the County of Otter Tail which increases reimbursement from the State by $2,889.51
for operating tlie County's Household Hazardous Waste Management Program. The additional funding is
based on increased annual participation.
1 Highway Construction Contract -S.P. 056-090-007 TEAX 56111227)
Motion by Lindquist, second by Froemming, and unanimously carried to authorize the Chairman's
signature to execute a Highway Construction Contract between the County of Otter Tail and Industrial
Builders, Inc. of Fargo, ND for the Phelps Mill Bridge project on Phelps Mill Road (Bridge No. L0885).
Phelps Mill Park Restrooms
Motion by Froemming, second by Johnson, and unanimously carried to authorize the Public Works
Director to proceed with the bidding process for ADA compliant restroom replacements at the Phelps Mill
Park. '
County Ditches
Ditch #37: .
Rick West, Interim Ditch Inspector, reported on two locations on County Ditch #37 that need maintenance
work. One area has a plugged culvert under 253rd Avenue in Dane Prairie Township and the other area is
under Wilson Rd. Mr. West recommended that a grate be built and installed under Wilson Rd. to make the
area easier to clean out periodically. Motion by Lindquist, second by Huebsch, and unanimously carried to
authorize cleari out on Ditch #37 as recommended.
Ditch #39: ,
Mr. West briefed the Board regarding maintenance work that needs to be completed on Ditch #39 in
Western Township. Motion by Huebsch, second by Lindquist, and unanimously carried to authorize the
Interim Ditch Inspector to obtain quotations for maintenance work needed on Ditch #39. Mr. West will
return to the Board for further discussion after quotations are received.
Highway Construction Contract-S.P. 056-070-004 HSIP 5612 {167)
Motion by Johnson, second by Froemming, and unanimously carried to authorize the Chairman's signature
to execute a Highway Construction Contract between the County of Otter Tail and Central Specialties, Inc.
of Alexandria, MN for work on CSAH No. 9.
TH 10 Interchange CSAH 34 Improvement Project
Mr. West reported that MnDOT opened bids on May 18, 2012 for the TH 10 Interchange project and
Central Specialties, Inc. was low bidder in the amount of $3,137,963.10.
Closed to the Public
At 11 :27 a.m., 'Chairman Rogness declared the Board of Commissioner's meeting closed to the public to
discuss pending litigation with the Teamsters Union for their Social Worker and Support Specialist groups.
The closed session is authorized under Attorney/Client privilege. Present were all five seated
Commissioners, County Attorney, County Administrator, and Board Secretary. At 11 :34 a.m., Chairman
Rogness opened the Board of Commissioners meeting to the public.
OTC Board of Commissioners' Minutes
May 22, 2012
Page 8
Construction Management
Motion by Froemming, second by Huebsch, and unanimously carried to authorize Otter Tail County to
enter into a contract for construction management for the Courthouse remodeling project, contingent upon
returning to the Board for contract signatures.
Adjournment
At 11 :40 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 9:30 a.m. on Tuesday, June 5, 2012.
Dated: _ _,\__.\_,_u...,a....._o .,_, '"""'"1.,_-+1-"ai"-'-'o.,_1 .,iL.._ MMISSIONERS
By:
ommissioners Chair
CB/kd
OTC Board of Commissioners' Minutes
May 22, 2012
Attachment A, Page 1
WARRANTS APPROVED ON 5/22/2012
Vendor Name
Av1A."IDS llC
ABRA MN FERGUS FALLS
American Welding & Gas Inc
Beyer Body Shop Inc
Bluestone Technologies Inc
Bob's Standard Bull: Sen ice
BOYER/RODNEY
Brandon Commw:lications Inc
Briggs Corporation
Budke/M;ma
CADE.\! L\W GROUP PllC
CDW Go\'ernment Inc
Code 4 Senices llC
Cooh Correctional
Coopers Technology Group
Dacotah Paper Companr
Denzel' s Region Waste Inc
ERICKSON/KENNETH
Fergus Falls Daily Journal
Fergus Tire Center
Fremont lndustries Inc
FSH Commw:ucations llC
GILLl1'HRION
GOVDE.-\LS
GRABOW/JEFFREY
Grainger Inc
Healthcare Emironmental Senices Inc
Hein-Kolo PsrD LP/Nancr
Independent/The
Innovam·e Office Solunons
J.PCooke Co
KEY GOVERNi,.!ENT FJNASCE INC
Lakeland Mental Health Center
Lakes Area Pest Control llC
Lakes Countrr Sen ice Co Op
Larry on Inc Truck Sen ice
liberty Tire Recycling Senices Mn
1'-USKE/1.AR.RY J
MCCC MI 33
Mccormid:/Mehss.a
:!>led-Tech Resource Inc
:!>!ekalson Hrdrauhcs Inc
Amount
1,512.10
478.04
225.67
2,274 93
710,96
138 13
186.60
124 97
113.03
44.98
90.00
9,506.40
2,471.18
195.17
328.61
144.48
187.20
1 79. 94
677.84
83.39
130.52
64.13
523.61
468.51
20.00
155.77
29.10
937.50
62 86
48.75
20.68
8.788. 78
4,270 25
83.36
177 00
2,325.00
945.60
222.69
970.00
50.33
1,310.64
264.22
OTC Board of Commissioners' Minutes
May 22, 2012
Attachment A, Page 2
Vendor Name
Minnkota
Mn Co Attorne)-s Association
Mn Co Intergovernmental Trust
Mn Dept Of Public Safety
MN POST BOARD
Moore Medical Uc
Msan1
Napa Fergus Falls
Officema., Incorporated
Otter Electric UC
Otter Tail Co Employees Committee
OttenaJI Trucking Inc
outdoor Renovations Landscape & Nurse
PARKERS PR.JJRIE AUTO BODY lNC
Personnel E\'aluation Inc
Pitner B0;11es
Premium Waters Inc
Pro Ag Farmers Co Op
PRO SWEEP INC
Renewable Resource Consultants UC
Safelite Fulfillment Inc
Schwanke/\kl:i
SCHWARTZ/ROBERT E
Ser\ice Food Super Valu
-Simple..,'Grtnnell
Staples AdYantage
Steins Inc
STIPP MFG
Streichers
Super Septic & E.,ca\"ation
Tranquility Building Services
Tri· State Di\ing
TUMBER.G/DARJN
UNIFORMS UNill,llTED INC
UNIVERsm· OF MN PRINTING SERVICES
US AUTOFORCE
Victor Lundeen Company
Voss Lighting
Wah.itne,IDoug]as
WILSON/WARREN R
F1nal Total
Amount
83.00
331.32
206.00
275.00
45.00
135. 72
100.00
71.67
72.19
1,296.13
990A4
12,146.50
397.50
2.492.18
20.00
1,435.00
8.09
3,999.11
9,280.00
31.596.64
191.20
152.07
533.61
17.67
890.50
229.97
259.13
684.51
312.59
102.19
454.22
63.21
103.87
7,227.27
152.84
738.66
30.37
465.37
10.00
184.94
119.328.60
EXHIBIT A
Declaration of Official Intent
OTC Board of Commissioners' Minutes
May 22, 2012
Exhibit A, Page 1
The undersigned, being the duly appointed and acting County Auditor of the County of Otter Tail,
Minnesota (the "County"), pursuant to and for purposes of compliance with Treasury Regulations, Section
1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies
on behalf ofthe,County as follows:
I. The undersigned has been and is on the date hereof duly authorized by the County Board of
Commissioners.to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of
the County.
2. This Declaration relates to the following project, property or program (the "Project") and the costs
thereof to be fin'anced:
3. The County reasonably expects to reimburse itself for the payment of certain costs of the Project out of
the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the County after the date of
payment of such costs. As of the date hereof, the County reasonably expects that $ ______ is the
maximum princ,ipal amount of the Bonds which will be issued to finance the Project.
4. Each e:kpenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of
issuance, or any of the other types of expenditures described in Section 1. 150-2(d)(3) of the Regulations.
5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be
reasonable and accurate.
Date: ----------
County Auditor
County of Otter Tail, Minnesota