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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
515 W. Fir Avenue, Fergus Falls, MN
June 19, 2012
8:30 a.m.
Ca II to Order
The Otter Tail County Board of Commissioners convened Tuesday, June 19, 2012 at 8:32 a.m., at the
Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners Lee Rogness,
Chair; Doug Huebsch, Vice-Chair; Wayne Johnson, John Lindquist, and Roger Froemming present.
Approval of Agenda
Chairman Rogness called for approval of the June 19, 2012 agenda. Motion by Lindquist, second by
Johnson, and unanimously carried to approve the Board of Commissioners agenda of June 19, 2012 with
the following additions:
10:00 a.m. -Personnel Committee Meeting with Community Services Director
Closed Session for 60 Bed CD Facility
County Ditch #16 Discussion
Approval of Minutes
Motion by Froemming, second by Johnson, and unanimously carried to approve the Board of
Commissioners meeting minutes of June 12, 2012 as mailed.
Approval to Pay Bills
Motion by Lindquist, second by Froemming, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Comprehensive Land Use Plan Discussion
Larry Krohn, Administrator, opened discussion regarding the possibility of developing a Comprehensive
Plan for zoning in Otter Tail County. David Hauser, County Attorney, indicated that the current Otter Tail
County Zoning Plan is Highway Setback, Sanitation Code, and Subdivision Controls ordinances. Brian
Armstrong, GIS Coordinator, presented several documents and briefed the Board on statistics regarding
acreage in shoreland areas, total agricultural acreage, average size of parcels and census and
demographic data. Mr. Armstrong reported that 36% of Otter Tail County is not governed by existing
Township, municipality jurisdictional zoning or the existing Shoreland Management Ordinance. Most of
this land is in the Eastern portion of the County. Commissioners requested that an Internal Task Force
continue research and present a recommendation to the Board for Request for Proposals to solicit an
outside agency to develop a Comprehensive County Wide Zoning Plan.
Acquisition of East Lost Lake Aquatic Management Area
Howard Fullhart, Fisheries Supervisor, presented an Option for the Purchase of Real Estate on East Lost
Lake. The property is 24.2 acres and contains approximately 2,200 feet of lakeshore. Mr. Fullhart
explained the benefits of preserving the habitat in this AMA. Discussion took place regarding the Payment
in Lieu of Taxes (PIL T) on the property and how that affects future taxes for the County, School District,
and Township. Discussion also took place regarding taking too much land out of individual citizen
ownership and concern that our economy cannot sustain the maintenance on all of the government owned
land. It was unknown if residents around East Lost Lake are in favor of the acquisition as notice was
provided to the Township, not individual property owners. Motion by Johnson, second by Lindquist, and
unanimously carried to table this purchase request from the Minnesota Department of Natural Resources
(DNR) until June 26, 2012 for further research.
OTC Board of Commissioners' Minutes
June 19, 2012
Page 2
Final Payment Approved
Motion by Lindquist, second by Froemming, and unanimously carried to approve Final Payment, in the
amount of $2,240.00, to G & R Controls for the courthouse remodeling (part of Phase I) in the area of
dispatch and court services.
A'viands. LLC Detention Facility Food Service Agreement
Motion by Huebsch, second by Johnson, and unanimously carried to authorize the Chairman's signature to
execute Amendment Number Seven to the Food Service Management Agreement between the County of
Otter Tail and A'viands, LLC. This agreement is a one year extension with a 3.5% increase per meal.
Recess & Reconvene
At 9:30 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 9:35 a.m.
Impassable Road Complaint -Lake Street
Chairman Rogness announced the continuation of the Impassable Road Complaint public meeting for
Lake Street on Otter Tail Lake. Mr. Hauser indicated that there have been discussions between the
property owner (Mr. Tysdal) and the citizens wanting to use Lake Street (complainants). Attorneys for
each side have requested that a decision on this matter be delayed to give both sides an opportunity to
work on the details of a possible resolution to the situation. Mr. Hauser briefed the Board regarding their
authority in the case and indicated that this is a unique circumstance that can be looked at based on the
unique situation. Motion by Huebsch, second by Froemming, and unanimously carried to table this public
meeting until July 10, 2012. Commissioners will view the property within one week, after which time, the
flags placed for viewing may be removed.
Recess & Reconvene
At 9:52 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for -a Personnel Committee meeting. The Board of Commissioners' meeting was reconvened at
10:21 a.m.
Closed to the Public
At 10:33 a.m., Chairman Rogness declared the Board of Commissioner's meeting closed to the public to
discuss attorney/client privileged information regarding litigation (Otter Tail County vs. Young & Associates
et al) concerning construction issues at the 60 Bed CD Facility. Present were all five seated
Commissioners, County Attorney, County Administrator and Board Secretary. The closed session was
completed at 10:37 a.m.
OTTER TAIL COUNTY, MINNESOTA
RESOLUTION NO, 2012 -40
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT AND THE
ISSUANCE OF A HEAL TH CARE FACILITIES REVENUE NOTE
WHEREAS, Otter Tail County, Minnesota (the "Issuer") has previously issued its Health Care Facilities
Revenue Note, Series 2005 (Productive Alternatives, Inc. Project) (the "Refunded Note") for the benefit of
Productive Alternatives, Inc., a Minnesota nonprofit corporation (the "Borrower"), in order to finance the
construction and equipping of, and refinancing of, certain facilities owned and operated by the Borrower
located at 1011 and 1017 North Tower Road, Fergus Falls; Minnesota; and
OTC Board of Commissioners' Minutes
June 19, 2012
Page 3
WHEREAS, representatives of the Borrower have requested issuance by the Issuer of its Health Care
Facilities Revenue Note, Series 2012 (the "Note") for the purpose of refunding the Refunded Note,
financing the costs of construction, equipping and furnishing of a remodel and expansion of the Borrower's
facilities located at 1205 North Tower Road, Fergus Falls, Minnesota, and refinancing various outstanding
debts of the Borrower which financed (i) the acquisition and remodeling of the Borrower's offices and
program space for the Perham vocational services and other programs operated in Borrower's facility
located at 802 Jenny Avenue, Perham, Minnesota, (ii) remodeling of a building for use as office space and
construction of garage stalls at the Borrower's facility located at 1205 North Tower Road, Fergus Falls,
Minnesota; (iii) acquisition of community development facilities and acquisition of equipment at the
Borrower's facilities located at 1205 North Tower Road and 1011 North Tower Road, Fergus Falls,
Minnesota; and (iv) acquisition and construction of a building and garage space at the Borrower's facility at
1107 8th St. NW, Little Falls, Minnesota (collectively, the "Project"); and
WHEREAS, pursuant to Minnesota Statutes, Sections 469.152-469.165, as amended (the "Act"), the
Issuer is authorized to issue its revenue bonds to finance all or part of the cost of the Project, with the
consent of the city or cities within which the Project is located;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota,
that:
1. The Project and the issuance of the Note in an amount up to approximately $2,000,000 are
hereby given preliminary approval by the Issuer, subject to approval by the Cities of Fergus Falls, Perham,
and Little Falls, and the mutual agreement of the Issuer, the Borrower and the initial purchaser of the Note
as to the details of the Note and provisions for its payment. In all events, it is understood, however, that the
Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer
except the Issuer's interest in the loan agreement with the Borrower and the Project, and the Note, when,
as, and if issued, shall recite in substance that the Note, including interest thereon, is payable solely from
the revenues received from the Project and property pledged to the payment thereof, and shall not
constitute a debt of the Issuer.
The Note will be payable solely from the revenues of the Project and other moneys, if any,
provided by the Borrower, and the Note will not constitute or give rise to a pecuniary liability of the Issuer or
a charge against the general credit or taxing powers of the Issuer.
No holder of any such Note shall ever have the right to compel any exercise of the taxing power of
the Issuer to pay the Note, or the interest thereon, nor to enforce payment against any property of the
Issuer, except revenues of the Project pledged to the payment thereof.
2. The Borrower may incur expenditures on the Project prior to the issuance of the Note therefor,
and such expenditures may be reimbursed from proceeds of the Note, when, and if, issued. This resolution
shall constitute an "official intent" to reimburse such expenditures for purposes of Treasury Regulations,
Sections 1.103-8T(a)(5) and 1.150-2.
3. The Clerk and other officers, employees and agents of the Issuer are hereby authorized to
participate in the preparation and review of necessary documents relating to the Project and Note issued in
connection therewith, and are further authorized to publish notice of a public hearing to be held on the
issuance of the Note.
4. The Borrower will be responsible for paying directly or through the Issuer any and all cost
incurred by the Issuer in connection with the Project, including any reasonable costs that the Issuer may
incur for legal counsel and any reasonable fees the Issuer may charge, whether or not the Project is
carried to completion, and whether or not the Note or operative instruments are executed.
OTC Board of Commissioners' Minutes
June 19, 2012
Page4
5. The adoption of the Resolution does not constitute a guaranty or firm commitment that the Issuer
will issue the Note as requested. The Issuer retains the right in its sole discretion to withdraw from
participation and accordingly not to issue the Note, or issue the Note in an amount less than the amount
referred to herein should the Issuer at any time prior to issuance thereof determine that it is in the best
interest of the Issuer not to issue the Note, or to issue the Note in an amount less than the amount referred
to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the
terms and conditions of any of the documents required for the transaction.
Upon the motion of Johnson 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 19th day of June, 2012
Attest: ~ 6<I,,.
LanyKro, Clerk
By:
Leland R. Rogness, Board of
Economic Development Committee
Commissioners held a preliminary discussion regarding establishment of an Otter Tail County Economic
Development Committee. They discussed potential membership. Discussion continued regarding the
purpose of the Committee and indicated the following specific agenda items: 1. Tourism (use of
technology tools), 2. Agriculture (USDA processing in the County), 3. Housing (identify community tools to
spur housing) and 4. Assist all Businesses to Obtain Sustainability. The County should create an
environment that encourages and stimulates growth. The intent is to meet quarterly and build on the
current economic development planning that is in place in our communities.
Buffalo-Red River Watershed District
Bruce Albright, BRRWD Administrator, met with the Board and discussed representation procedures for
the enlarged district. Mr. Albright reported that the new BRRWD Managers, one from Wilkin County and
one from Otter Tail County, will begin their terms September 1, 2012. He also stated that the Eastern
boundary of the new area needs to be defined with legal descriptions. Brian Armstrong, County GIS
Coordinator, will assist the BRRWD with defining the Eastern boundary of the enlarged WD area. Motion
by Johnson, second by Froemming, and unanimously carried to assign the process of advertising for an
Otter Tail County resident to serve on the BRRWD Manager Board to Brad Mergens, WOTSWCD
Manager and Commissioner Lindquist. After advertising and interviewing, if necessary, a recommendation
for appointment will be made by Otter Tail County to the BRRWD.
Minnesota Election Judge Appreciation Proclamation
Otter Tail County Resolution No. 2012 -41
WHEREAS, Election judges, with their expertise, dedication, and professionalism play a vital role in
ensuring high quality elections in Minnesota; and
WHEREAS, Election judges uphold election laws with integrity and accuracy, thereby maintaining public
trust and confidence in elections; and
WHEREAS, For generations, election judges have consistently performed the duties necessary in a
citizen-based society and government; and
OTC Board of Commissioners' Minutes
June 19, 2012
Page 5
WHEREAS, An estimated 600 election judges will serve on Tuesday, November 6, 2012, to ensure the
2012 election is conducted according to the principles of freedom and liberty upon which our nation, state
and county were founded.
NOW, THERFORE, THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS, does hereby proclaim
Tuesday, November 6, 2012 as -
ELECTION JUDGE APPRECIATION DAY
In the State of Minnesota
Upon the motion of Johnson and seconded by Lindquist, the Otter Tail County Board of Commissioners
passes the foregoing resolution on a unanimous vote.
Adopted at Fergus Falls, Minnesota, this 19th day of June, 2012
Dated: LP -,J,_(p-I A OTTER TAIL CO Y BOARD
Attest: /a✓M, ~
Larry Kr~ Cl~
By:
Leland R. Rogness, Board of
License Applications
Motion by Froemming, second by Huebsch, and unanimously carried to approve the following applications
for license:
Birchwood Golf Course
19711 4301" St
Pelican Rapids, MN 56572
The Cactus
43521 Ft. Thunder Road
Perham, MN 56573
Madsen's Resort
27102 State Highway 78
Battle Lake, MN 56575
On/Off Sale 3.2 Malt Liquor
On Sale Liquor and Sunday Liquor
On/Off Sale 3.2 Malt Liquor
Vacationland Resort On/Off Sale 3.2 Malt Liquor
38555 Wagon Trail Loop
Battle Lake, MN 56515
(Where applicable, subject to review of County Attorney and Sheriff Offices and the submission of all required forms)
Absentee Ballot Board Appointments
Motion by Lindquist, second by Froemming, and unanimously carried to appoint the following individuals to
the Absentee Ballot Board for the processing of absentee ballots issued and received under the provisions
of M.S. 203B.04 through 203B.15 and M.S. 203B.16 through 203B.27 for the August 14, 2012 State
Primary and for the November 6, 2012 State General Election and to establish compensation for these
services at $9.00 per hour with a reimbursement for travel at $0.555 per mile:
OTC Board of Commissioners' Minutes
June 19, 2012
Page 6
Absentee Ballot Board:
Lynn Brand
JoAnn Larson
Valerie Nelson
Virginia Portmann
Connie Tanner (employee)
Dawn Godel (employee)
Mary Moe
Cora Sue Nycklemoe
Karen Prischman
Rapid Response Emergency Fund
Pat Jampsa
Janice (Jan) Nelson
Richard Portmann
Twila Rudd
Wayne Stein, Auditor, and Patrick Waletzko, Emergency Manager, reported on a recent Budget Committee
meeting held for purposes of researching the possibility of establishing a Rapid Response Emergency
Fund. Discussion followed with authority to establish the fund cited as M.S. 12.03, authority to tax for it
under M.S. 12.26 and the County's authority to establish joint powers agreements with other government
entities under M.S. 471.64. Commissioners requested additional research to be presented at next week's
regular County Board meeting. Commissioner Doug Huebsch was absent for the remainder of the day
after completion of this discussion at 11 :38 a.m.
Bid Award -District 4 Rural Intersection Lighting
After advertising for bids for S.P. 088-070-033, HSIP 8812 (233), bids were opened at 1 :00 p.m. on
June 13, 2012. Motion by Froemming, second by Johnson, and unanimously carried to award the District
4 Rural Intersection Lighting project to Fargo Electric Construction, Inc. of Fargo, ND at the bid price of
$359,606.00.
County Ditch #63
Rick West, Interim Ditch Inspector, discussed the current situation regarding County Ditch #63 and County
Road 18. Motion by Lindquist, second by Johnson, and unanimously carried to authorize the Interim Ditch
Inspector to schedule a Public Information meeting in the County Board room at the Government Services
Center in Fergus Falls.
Clitherall Lake Outlet -County Ditch #16
Rick West reported that he received a letter from Julie Aadland, MN Department of Natural Resources
Hydrologist, indicating that the runout elevation of Clitherall Lake is one foot lower than it was prior to the
County Ditch #16 repair project. Commissioners requested that Mr. West, Jeff Langan of Houston
Engineering, and Ms. Aadland determine how to restore the erosion and the outlet elevation.
Board Room Technology
Larry Krohn, County Administrator, reported that the Technology Firm that completed the technology at the
new Lakes Country Service Cooperative building is interested in looking at the County Board room to offer
a plan and bid. Motion by Johnson, second by Froemming, and unanimously carried to authorize the
Administrator to invite Tierney Brothers Inc. to view the County Board room for technology solutions.
Workers Compensation Premium
Mr. Krohn reported that the Workers Compensation premium for CY2012 (based on previous utilization)
was about $50,000.00. Motion by Lindquist, second by Froemming and unanimously carried to recognize
and extend the Board's appreciation to employees for performing their duties safely and thank employees
working with the Safety Committee for their extra work to promote safety awareness.
Out-of-State Travel Request
Motion by Lindquist, second by Johnson, and unanimously carried to authorize out-of-state travel for
Crystal Herman, Collections Officer, to the State Association of Fraud Investigators in North Carolina. All
expenses will be paid by the national conference association.
OTC Board of Commissioners' Minutes
June 19, 2012
Page 7
Public Meeting Minutes -Lake Street
Motion by Johnson, second by Froemming, and unanimously carried to approve the public meeting
minutes for Impassable Road, Lake Street. The public meeting was held on June 11, 2012.
Adjournment
At 12:10 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 8:30 a.m. on Tuesday, June 26, 2012.
Attest ~k.-:.G ..... ~"'T-«--""l' ...... ~---Larry Kr;6hn,Clerk
OTTER TAIL ca y BOARD O·];.F:J;;{JF)aMISSIONER
By:-,-"=;,~~~~~~~~~~~~....,,=:::;:::--:-
CB/kd
OTC Board of Commissioners' Minutes
June 19, 2012
Attachment A, Page 1
WARRANTS APPROVED ON 6/19/2012
Vendor Name Amount
American Welding & Gas Inc 2,463.44
Backstrom/Seen 73.26
Batteries Plus 810,84
Blesi-Evans Companr 128.00
Blue Book 14.95
Bobcat Of oner Tail Countr 139,37
Branby /Steve 46.98
Braun Vending Inc 28.37
Bredman/Dion 171.00
Brooberg/Jan 116.55
Bugbee' s Locksmith 40,00
Burelbach Amertcan Legion Post 61 200.00
Central I.Bk.es College 600,00
Certified Auto Repair 42.75
Charles D Center Post 3289 200,00
attzens Advocate 209,25
CO OP Sen1ces Inc 310.52
Code 4 Ser\/ices llC 81,81
College War Auto Inc 219,26
Commissioner Of Transportation 1,343.02
Coopers Technology Group 1,792.64
Cornell Syverson Post 17 200,00
CUlliGAN OF WADENA 84.28
Denzel's Region Waste Inc 312.00
OHS SOS ARC 472 750.00
Dick's Standard 187.14
DS SOLUilONS INC 1,208.07
East oner Tail Focus 621.90
Evergreen Equipment Inc 482.43
Everts Lumber Co 38.76
E\.1reme Marine LLC 119.95
Farmers CO OP Oil Assn 5,150.90
Farnarn's Genuine Parts Inc 1,140.51
Fergus Falls Daily Journal 5,598.72
Fergus Tire Center 820.78
FORCE AMERICA DISTRIBUTING LLC 85.88
Fremont Industries Inc 910.20
FSH Communications llC 64.13
G&KSenices 1,151.66
Gallagher Benefit Senices Inc 321.40
George Bergem Post 489 200.00
Gerald N Evenson Inc 16.41
OTC Board of Commissioners' Minutes
June 19, 2012
Attachment A, Page 2
Vendor Name
Goodin Company
Gopher State One Call
H & R Construction Co
Haiinerl American Legion Post 148
HARRIS/MICHAEL
Hedahls Headquarters
Henning Hardware
Herman/Crystal
INDEPENDENT EMERGENCY SER.VICES
JASAM ENTERPRISES
JOBSHQ
Jones And Magnus
Kelly Services Inc
Lake Region Healthcare Corp
Lakes Countty Senice Co OP
Larry on Inc nuck Senice
Larson/Paul
I.arum/Pa!
l.EE/IHOMAS
liberty Tire Recycling Sen ices Mn
Locators & supplies Inc
M-R Sign Company Inc.
MANN/RAND AU.
MAR.CO
MASKE/L-ulRY J
Mekalson Hydraulics Inc
Mend Correctional care Uc
Merickel lumber
Midsota Manufacrunng Inc
Midwest Pnnling Co
Mmnkota
Mn Co Attorneys Association
Mn Dept Of Transponation
MN Motor Company
Mn Office Of Enterprise Technologi,
MOREY PIID/EIDON L
NAPA Central MN
Napa Fergus Falls
NAPA Of Perham
Nelson Auto Center
One can Locators Ltd
Otter Tail Telcom
Amount
300.89
36.90
2,740.12
200.00
254.87
14.15
361.89
148.19
64.22
267.03
57.50
2,075.43
687.35
7,072.00
6,625.00
1,150.00
542.54
191.26
435.92
1,448.40
4,091.55
792.36
308.21
9,927.54
279.29
433.63
7,458.33
56.36
13.67
23.51
54.00
105.00
300.00
142.89
1,700.00
730.00
330.60
7.68
94.69
5.23
350.16
1,837.50
vendor Name
Ottertail Trucking Inc
Palk Region Co Op
Perham Ace Hardware
Phoenix Supply
Premium Waters Inc
Price/Hem;·
Pro Ag Farmers Co Op
Pro Build Fergus Falls
Productive Alternatives Inc
PROFESSIONAL AGRONOMY SERVICES
ouanermaster
Rasmusson-Schedowski Vfw Post 4020
RDO Truck Centers
RDO Trust #80-6130
Renewable Resource Consultants llC
Rental Store/Ihe
Review Enterprtses Inc
Ron's Ready Mart
Sanitation Products Inc
SCHIERER/STEVE
Sen1ce Food SUper Valu
Shen\,111 Williams
Sigelman Steel & Recytl.ing Inc
Staples Advantage
Steins Inc
STEUSSY DIESEL INC
Stolpman Law Office
Streichers
Swanston Equipment Corp
Towmaster
Ulschmid/Susan
Varttech Industties
Vergas Hardware
Victor Lundeen Company
Wadena Asphalt Inc
Wallwork Truck Center
Waste Management
Weller Oil Co
Wenck Associates Inc
Final Total:
OTC Board of Commissioners' Minutes
June 19, 2012
Attachment A, Page 3
Amount
10,974.50
83.62
8.99
232.92
27.59
320.00
36.00
28.90
360.00
43.03
152.69
200.00
508.83
154.82
52,523.87
12.83
164.00
104.00
352.14
273.80
15.86
377.80
156.25
226.37
1,771.78
345.77
313.25
416.71
10,167.53
117.87
60.41
122.74
38.61
2,057.34
2,387.37
44.87
20,122.93
325.50
62,855.24
250,699.72