HomeMy WebLinkAboutBoard of Commissioners - Minutes - 09/25/2012MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Perham City Hall
125 Second Avenue NE, Perham, MN
September 25, 2012
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, September 25, 2012 at 9:30 a.m., at
the Perham City Hall with Commissioners Lee Rogness, Chairman; Doug Huebsch, Vice-Chair;
Wayne Johnson, John Lindquist, and Roger Froemming present.
Approval of Agenda
Chairman Rogness called for approval of the September 25, 2012 agenda. Motion by Huebsch, second by
Froemming, and unanimously carried to approve the Board of Commissioners agenda of September 25,
2012 as mailed.
Approval of Minutes
Motion by Lindquist, second by Johnson, and unanimously carried to approve the September 18, 2012
Board of Commissioners meeting minutes as amended.
Approval to Pay Bills
Motion by Johnson, second by Froemming, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Request for Lake Improvement District
Star Lake Property Owners Association LID Committee Chair, Lee Mindemann and members,
Jim Ebert and Noah Riley, met with the Board to request a Resolution of Intention to form a Lake
Improvement District. Discussion followed regarding work completed by the LID Committee and the
process to form a LID.
RESOLUTION OF INTENT TO ESTABLISH A LAKE IMPROVEMENT DISTRICT
For Star Lake
Otter Tail County Resolution No. 2012 -54
WHEREAS, Minnesota law provides that in order to preserve and protect the State of Minnesota and to
increase and enhance the use and enjoyment of its lakes, it is in the public interest that there be
established a statewide lake improvement program to preserve, protect and improve the quality of lakes;
and
WHEREAS, Minnesota law permits the creation of lake improvement districts initiated by the request and
upon a resolution of a County Board; and
WHEREAS, the Otter Tail County Board of Commissioners has received a request from the Star Lake
Property Owners Association, who also reported that more than 90 percent of the property owners within
the boundaries of the proposed lake improvement district, who have attended an informational meeting are
in support of its establishment; and 126 of those property owners have provided written feedback to the
same via an opinion card; and
OTC Board of Commissioners' Minutes
September 25, 2012
Page 2
WHEREAS, the reasons Star Lake wants to create a Lake Improvement District are (1) to
maintain/improve water quality and to protect/enhance the fishery and wildlife habitat of Star Lake; (2) to
manage/respond to water level related issues of Star Lake; (3) to educate Star Lake property owners and
others on water quality issues, and lake related environmental issues, with the intent of having a more
aware and engaged citizenry to safeguard the recreational value of Star Lake; (4) to address other lake
environmental issues that may arise within the district, including preventing Aquatic Invasive Species (AIS)
from entering Star Lake, and/or treating to remove/control them, as allowed by the Department of Natural
Resources (DNR); (5) to enable the receipt of financial assistance and participate in projects or enter into
contracts with federal and state agencies for the study and treatment of pollution and other water quality
problems; and
WHEREAS, there are two public accesses on Star Lake -one on the north shore off State Highway 108,
and one on the east shore off Beaver Dam Road, owned and operated by the Department of Natural
Resources; and
WHEREAS, a map showing the boundaries of the proposed district, the number and location of permanent
homes and seasonal dwellings, the scale, and basic geographical information is on record with the County
Auditor; and
WHEREAS, there are proposed to be 7 directors for the district; and
WHEREAS, there is no surface water ordinance regulating Star Lake, but the Otter Tail County Shoreland
Management Ordinance, copies of which are available at the County's Office of Land and Resource
Management, regulates the shoreland including the public access; and
WHEREAS, the proposed district has an Estimated Market Value of $70,148,500 (Land -$41,913,000 and
Buildings -$28,235,500), a Taxable Market Value of $67,486,200 (Land -$40,531,910 and Buildings -
$26,954,290), and a Net Tax Capacity of $665,449; and
WHEREAS, all of the documentation mentioned herein that is on record with the County is available for
review on the County's website: www.co.ottertail.mn.us
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Otter Tail County Board of Commissioners
hereby declares its intent to establish the Star Lake Improvement District.
BE IT FURTHER RESOLVED that the following information be provided, as required by Minnesota Statute
§103B.515, Subd. 1:
1. The name of the proposed Lake Improvement District shall be:
Star Lake Improvement District
2. The boundaries of the proposed lake improvement district shall include parcels that have lake
frontage on Star Lake Otter Tail County, but shall exclude agricultural land.
As the use of agricultural lands within the boundary of the district changes to non-agricultural
use, the district may, by confirming the change of use to the County Auditor and Assessor, and by
notifying the owner of the property and the Administrator of the Otter Tail County Department of
Land and Resource Management, include those formerly agricultural lands in the district.
OTC Board of Commissioners' Minutes
September 25, 2012
Page 3
3. The water and related land resource management programs that may be undertaken by the
district may include:
a. Develop and implement a comprehensive plan to monitor and improve water quality as
needed;
b. Apply for private or public grants, and or enter into contracts with federal/state/county
agencies, or private contractors for the study and treatment of problems/issues related to
pollution, aquatic invasive species, a healthy fishery/wildlife habitat, and water level related
issues;
c. Undertake research to determine the condition and development of the body of water
included within the lake improvement district and to transmit the studies to the Land &
Resource Management Department, the Department of Natural Resources, the Minnesota
Pollution Control Agency, and other interested authorities;
d. Make cooperative agreements with the United States or state government or other
county or city to effectuate water and related land resource programs;
e. Conduct programs of water quality monitoring, water quality improvement and
conservation;
f. Serve as local sponsor for state and federal projects or grants; or
g. Such other programs, plans, studies, developments or implementations as are allowed
or permitted by MN Statute 103B. 551-581, and approved by the County Board from time to
time.
4. The Otter Tail County Board may delegate to the lake improvement district pursuant to
Minnesota Statute §103B.551, Subd. 3, authority to:
a. Acquire by gift or purchase, equipment, structures or control works that affects the level
of waters in the district.
b. Construct and operate water control structures, equipment or control works that are
approved by the commissioner of natural resources under section 103G.245.
c. Undertake projects to change the course current or cross section of public waters that
are approved by the commissioner of natural resources under section 103G.245.
d. Acquire property, equipment or other facilities, by gift or purchase to improve
navigation.
e. Contract with a board of managers of a watershed district within the lake improvement
district or the board of supervisors of a soil and water conservation district within the district
for improvements under chapters 103C and 103D.
OTC Board of Commissioners' Minutes
September 25, 2012
Page4
f. Undertake research to determine the condition and development of the body of water
and the water entering it and to transmit the results of the studies to the pollution control
agency and other interested authorities.
g. Develop and implement a comprehensive plan to eliminate water pollution.
h. Conduct a program of water improvement and conservation.
i. Construct a water, sewer, or water and sewer system in the manner provided by
section 444.075 or other applicable laws.
j. Receive financial assistance from and participate in projects or enter into contracts with
federal and state agencies for the study and treatment of pollution problems and related
demonstration programs.
k. Make cooperative agreements with the United States or state government or other
counties or cities to effectuate water and related land resource programs.
I. Maintain public beaches, public docks and other public facilities for access to the body
of water.
m. Provide and finance a government service of the county or statutory or home rule city
that is not provided throughout the county or, if the government service is provided, the
service is at an increased level within the district.
n. Regulate water surface use as provided in sections 86B.205, 103G.605 and 103G.621.
5. Funding for the lake improvement district shall be from any combination of the following:
a. Lake improvement district activities may be funded from receipts of private/public
donations, and/or receipt of public/private grants.
b. Lake improvement district activities may be funded by the levying of an ad valorum tax
solely on property within the district. No establishment or increase in the ad valorum
property tax will be allowed if it affects the county levy subject to state-imposed levy limits.
c. Lake improvement district activities may also be funded by assessment of costs of
projects upon the benefitted property within the district in the manner provided under
Minnesota Statutes Chapter 429.
d. Lake improvement district activities may also be funded by imposition of service
charges on users of the lake improvement district services within the district (Minnesota
Statute §428A.05).
OTC Board of Commissioners' Minutes
September 25, 2012
Page 5
e. The Lake Improvement District may also finance projects and services of the district by
issuing obligations as provided in Minnesota Statute §429.091.
6. The Administrator of the Otter Tail County Department of Land and Resource Management
. shall be responsible for supervising the programs of the district. A public hearing will be held on
whether the Star Lake Improvement District should be established on June 10, 2013, at 7:00 p.m.
in the Commissioner's Room of the Otter Tail County Government Service Center, 500 West Fir
Avenue, Fergus Falls, Minnesota.
Upon the motion of Commissioner Huebsch, seconded by Commissioner Johnson, and passed on a 5-0
vote, the foregoing resolution is adopted this 25th day of September, 2012. . ·
Attest ~ /" Larryrohn,Glerk
Recess & Reconvene
At 9:50 a.m., Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a Land & Resource Committee meeting. The Board of Commissioners meeting was
reconvened at 10:28 a.m.
MENTAL HEAL TH AWARENESS WEEK PROCLAMATION
October 7th -13th 2012
Otter Tail County Resolution No. 2012 -56
Commissioner Lindquist offered the following resolution and moved its adoption:
WHEREAS, the U.S. Surgeon General states that mental health is fundamental to health and
indispensable to personal well-being, family and interpersonal relationships, and contributes to community
and society; and
WHEREAS, the U.S. Surgeon General confirms that mental illness affects one in five Americans every
year, regardless of age, gender, race, ethnicity, religion or economic status; and
WHEREAS, the U.S. Surgeon General has found that a range of treatment exists for most mental
disorders and the efficacy of mental health treatments are well documented; and
WHEREAS, Otter Tail County has made a commitment to community-based systems of mental health care
for all residents and has appointed Local Mental Health Advisory Committee for children and adults; and
WHEREAS, the guiding principles of community mental health care have always been
comprehensiveness, cost-efficiency, effective management and high-quality and consumer responsive
services, and these principles are now being adopted by private and public healthcare payers; and
WHEREAS, the National Mental Health Association, the National Council for Community Behavioral
Healthcare and their national partners, the National Alliance for the Mentally Ill and their local affiliates
observe Mental Health Awareness Week as October ?'h -13th 2012 to raise awareness and understanding
of mental health and illness.
OTC Board of Commissioners' Minutes
September 25, 2012
Page 6
THEREFORE, we, The Otter Tail County Human Services Board, by virtue of the authority vested in us as
County Commissioners of Otter Tail County, do hereby proclaim October 7th -13th 2012 as Mental
Health Awareness Week in Otter Tail County. As County Commissioners of Otter Tail County we call all
citizens, government agencies, public and private institutions, business and schools to recommit our
community to increasing awareness and understanding of mental illness and the need for appropriate and
accessible services for all people with mental illness.
Commissioner Froemming seconded the m I0n and upon being put to vote, the resolution was
unanimously ado ed this 25th y of Septem er 2012.
By:
Human Services Contracts
Motion by Huebsch, second by Lindquist, and unanimously carried to authorize the Chairman's signature
to execute the following contracts:
Agency Program Effective Targeted Funding Source
Date Population
07-01-12 AC/EW/CACfTBI/CADI/MRRC
Providacare Supplies & Equipment Through Elderly & Disabled Waiver
06-30-14
Perham District Children's Day 07101112 lnteragency Special Medical Assistance, OTC
#549 & LMHC Treatment Program Through Education Program Human Service and Perham
06130113 School District
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.
County Drainage Systems
Countv Ditch #25
Rick West, Interim Ditch Inspector, reported that the redetermination of benefits for County Ditch #25 is
nearing completion. Discussion took place regarding the next steps in the process. When the Ditch
Viewers have completed their work, they will present the Ditch Viewers report IQ the. County Board as the
Drainage Authority. This will start the process for a Public Hearing in regards· to the assessments of the
benefitted area. This process is separate and apart from the proposed Little McDonald Lake Outlet
project.
Countv Ditch #38 & Countv Ditch #41165:
Motion by Huebsch, second by Johnson, and unanimously carried to authorize the Interim Ditch Inspector
to complete repairs on County Ditch #38 and County Ditch #41/65. Culverts need to be opened and
additional work identified once the culverts are clear. The motion authorizes borrowing funds from the
County's General Fund to pay for the cost of repairs, not to exceed $50,000 per ditch, as there are
currently insufficient funds in these respective ditch accounts.
OTC Board of Commissioners' Minutes
September 25, 2012
Page 7
County Ditch #9:
Mr. West updated the Board regarding a request of Rodney Peterson to clean a portion of County Ditch #9;
however, further research is being done to determine whether or not Ditch #9 has been abandoned.
Highway/Shoreland Tour
Motion by Froemming, second by Johnson, and unanimously carried to postpone the Highway/Shoreland
Tour scheduled for September 27'h and September 28th to a later date; however, Commissioners will
attend the September 27, 2012 Historic Phelps Mill Bridge opening ceremony at 11:30 a.m.
CSAH 72 Bridge
Motion by Johnson, second by Lindquist, and unanimously carried to authorize Kirk Sjolie to commute with
a County vehicle while working on S.P. 056-672-004 (CSAH 72 Bridge project) as his home is closer to the
project than his regular office location.
Otter Tail County Resolution
Market Price for the Solid Waste Management Tax
Otter Tail County Resolution No. 2012 -55
Commissioner Huebsch offered the following resolution and moved its adoption:
WHEREAS, the solid waste management tax requires political subdivisions to identify by resolution a
market price if the political subdivision:
Subsidizes the cost of service at a facility.
WHEREAS, the political subdivision will be liable for the solid waste management tax based only on the
market price amount identified through this resolution.
WHEREAS, the market price is identified in state statutes as the "lowest price available in the area."
WHEREAS, Otter Tail County has performed research to identify the lowest price available in the area;
THEREFORE, the County of Otter Tail declares a market price of $64.57 per ton for a facility, based on a
tipping fee amount of $35.35 per ton at the Dakota Landfill and an additional contracted transportation cost
of $29.22 per ton.
Commissioner Froemming seconded the motion and upon being put to vote, the resolution was
unanimously adopted this 25th day of September 2012. ·. · .
Dated /4 -l ·~ /2----
By:
OTC Board of Commissioners' Minutes
September 25, 2012
Page 8
Contract Amendment
Motion by Johnson, second by Lindquist, and unanimously carried to authorize the Solid Waste Director to
negotiate a suitable Change Order, not to exceed $4,150, from Simplex Grinnell of Fargo, ND, for the
installation of the fire pump at the Fergus Falls Transfer Station.
Solid Waste Management Ordinance Public Hearing
At 11 :30 a.m., David Hauser, County Attorney, opened a Public Hearing for comment on a proposed Otter
Tail County Solid Waste Management Ordinance. A public informational meeting was previously held on
July 10, 2012 regarding this proposed Ordinance. Commissioners spoke in favor of the Ordinance.
No comment was submitted by the public, either in person or in writing. The Public Hearing was closed at
11 :45 a.m.
Approval of Ordinance
Motion by Huebsch, second by Froemming, and unanimously carried to adopt the Otter Tail County Solid
Waste Management Ordinance as presented. The purpose of the Solid Waste Management Ordinance is
as follows: The Ordinance is to protect the public's health and safety, and the environment and natural
resources of Otter Tail County, from ·improper management of solid waste, and to:
• Preserve and protect our air, land and water resources.
• Assure that all individuals are informed and responsible for their actions regarding solid
waste that may affect the environment and the community now and in the future.
• Support activities that will promote use and reuse of materials in solid waste that would
otherwise be disposed in ways that would not recapture the useful characteristics of its
components.
• Augment, supplement and support State of Minnesota policies regarding solid waste
management.
• Provide for an orderly implementation of solid waste management practices and services to
ensure that residents have access to waste management services and to ensure that waste
management services are consistent with County and State plans and policies.
The full text of the Solid Waste Management Ordinance is available at the office of the County Auditor and
on the Otter Tail County website.
Adjournment
At 11 :55 a.m., Chair Rogness declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 9:30 a.m. on Tuesday, October 2, 2012.
Dated: __ l~o_,/~o_z..~/_.2.o~'~'"----
Attest: ----~--!V~...,,__,_C_ c_ ... • uCryKrJm,~
OTTER TAIL C TY BOARD1'1,l.>'f'h
By~~~~~~~~--=--:-
~ Leland R. Rogness, Boar o
MISSIONERS
CB/kd
OTC Board of Commissioners' Minutes
September 25, 2012
Attachment A, Page 1
WARRANTS APPROVED ON 9/25/2012
Vendor Name
A· J Wa)ne's Towing
Bear Graphlcs Inc
Berer Body Shop Inc
Bob's Standard Bull: Senice
BOEN/DAVID
BOYER./ROD:NEY
Carr's Lake Countrr Supermarket
CARVER CO TREASl7RER
CDW Gowrnment Inc
Certified Auto Repair
CO OP Sen ices Inc
College War Auto Inc
Comstock Construction Of Mn
Coopers Technology Group
Counn,· Glass Inc
Denzel' s Region Waste Inc
Dex Ea,t
Dick', Standard
Domholt/Kathy
Egge Construction Inc
Eld!en/Mlchelle M
ERICKSON/KENNETH
Fastenal Companr
Fergus Falls/CJry Of
FLEETPRIDE TRUCK & TR..\IUR PARTS
FREMONT INDl 'STRIES INC
G& K Senices
GilLi1"HRION
Godfathers E.,1erminating Inc
Gopher State One Call
Hanan/Mike
HennJng Hardware
HOIUM/RlCK
Independent/The
J & KMarine
J C's General Store
K.!D. LEASING INC
Kelly Senices Inc
KEY GOVERN~IENT FINANCE INC
KINZLER/BERT
Lake Region Healthcare Corp
Lakes Al>?a Pest Control UC
Amount
12600
1.923.92
175 00
113. 75
99 .. 31
186.60
64.80
100.00
1,118.21
680.92
5.32
207. 54
2,539.00
469 41
525 72
516.75
15.51
240.46
27 75
739 50
89.91
191.04
259.07
68.301.07
51.11
1.221.47
1.059 43
213.24
263.13
55 75
99.55
77.07
9.50
475.71·
477 79
16.22
303.35
1.449.23
8,788.78
837.21
8,895.00
83 36
OTC Board of Commissioners' Minutes
September 25, 2012
Attachment A, Page 2
Vendor Name
Larrr Ott Inc Truck Sernce
Marco Inc St Lows
MARSTON CONSu1. TING GROUP UC
MAS!.:E/LA.RRY J
MCCCMI 33
Mekalson Hydraulics Inc
MN Motor Company
MNSWA".
NAPA Central MN
NAPA FERGUS FALLS
Nardini Fire Equipment
Northern Safety Technology Inc
NTOA
OLSON/BERTON
One Call Locators Ltd
Otter Tail Co Public Health
Otter Tail Co Treasurer
Ottertail Trucking Inc
Q\·erhead Door Co Of Fergus Falls
Park Region Co Op
Penrose Oil Company
PERHAM AR.EA EMS
Pete·s Body Shop & Towing
Pitney Bol'.-es
Premium Waters Inc
Pro Ag Farmers Cooperatiw
Productive Alternatives Inc
OUARTER..\l.".STER
RDO Truck Centers
Red Horse Ranch Arena Inc
Rental Store/The
Ringdahl Ambulance Seiv1ce
S.\\.lnc
SCHWARTZ/ROBERT E
Seland' s Supertor Floortng
Senice Food Super Valu
Shern1n Williams
Signworks Signs & Banners Uc
Stems lnc
Streichers
Super Septic & E.xca\•ation
s; nergy Graphics
Amount
2,325.00
318.06
1,250.00
237.11
1,182.82
73048
32.46
50.00
64.55
27.53
95.50
541.65
40.00
495.42
455.54
1.00000
9.00
8,487.00
10,505.00
37.41
1,319.04
335.00
172.60
1.076.00
20.84
147.41
130.91
28.48
2.528.14
1,000.00
787.67
300.00
275.00
B04.5B
3,670,00
10.83
189.66
21.38
3,169.66
490.55
102.19
37,862.15
Vendor Name
TNT REPAIR INC
US At'TOFORCE
Victor lunde1m Companr
WAYhe'S TOOLWAGON
West Payment Center
WILSON/WARREN R
Ziegler Inc
Final Total:
OTC Board of Commissioners' Minutes
September 25, 2012
Attachment A, Page 3
Amount
236. 71
251 . .84
693.62
116-49
970.57
196.59
86650
188,752.40