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Home My WebLink AboutBoard of Commissioners - Minutes - 01/07/2014MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN January 7, 2014 9:30 a.m. Call to Order Larry Krohn, Otter Tail County Board Clerk, called the Board of Commissioners meeting to order at 9:30 a.m. on Tuesday, January 7, 2014 at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chairman; Wayne Johnson, Vice-Chair; Roger Froemming, John Lindquist, and Lee Rogness present. CY2014 Otter Tail County Board Chair Larry Krohn requested nominations for the Otter Tail County Board Chair for 2014. Commissioner Froemming nominated Vice-Chair Wayne Johnson to serve as the Otter Tail County Board of Commissioners Chair. Commissioner Lindquist called for nominations to cease and a unanimous ballot was cast in favor of the nomination. A motion was offered by Rogness, seconded by Johnson and unanimously carried to thank Commissioner Huebsch for his work as Chairman of the Board during the past year. CY2014 Otter Tail County Board Vice-Chair Wayne Johnson, 2014 Board Chairman, assumed the Chair's seat and requested nominations for the Otter Tail County Board Vice-Chair for 2014. Commissioner Lindquist nomina\ed ·,·Commissioner Roger Froemming to serve as the Board of Commissioners Vice-Chair. Commissioner Rogness called for nominations to cease and a unanimous ballot was cast in favor of the nomination. Approval of Regular Board Agenda and Consent Agenda Motion by Froemming, second by Huebsch, and unanimously carried to approve the January 7, 2014 regular Board of Commissioners Agenda with the addition of the Public Works Committee scheduled at 1:00 p.m. at the Government Services Center. The motion included approval of the January 7, 2014 Consent Agenda/Calendar with the addition of Sharehouse/Stepping Stones Letter of Support and with the removal of the Final Plats from the Consent Agenda. Consent Agenda items Approved as follows: · A. December 17, 2013 Board of Commissioners' meeting minutes B. Annual Depository & Investment Resolutions: DEPOSITORY RESOLUTION Otter Tail County Resolution No. 2014 -01 Commissioner Froemming offered the following and moved its adoption: RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, that all financial institutions in Otter Tail County, including state and federal banks be and are hereby designated as depositories of County funds. Commissioner Huebsch seconded the motion and the Chair called for a vote as follows: _5_YEAS _0_NAYS _0_ABSTAIN Adopted this 7th day of January, 2014 OTC Board of Commissioners' Minutes January 7, 2014 Page 2 OTTER TAI D OF COMMISSIONERS INVESTMENTS RESOLUTION Otter Tail County Resolution No. 2014 • 02 Commissioner Froemming offered the following and moved its adoption: RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, that the Otter Tail County Treasurer be and is hereby given authority to invest County funds as available. Commissioner Huebsch seconded the motion and the Chair called for a vote as follows: _5_YEAS _0_NAYS _0_ABSTAIN Adopted this 7t11 day of January, 2014 Dated: -=O,.,.I /C,.l-'-,4,_,_/i_,tf __ _ 1-,' I J # 1\RD OF COMMISSIONERS Attest: Larry K'f:(/ ~ C. Annual payment to Minnesota Counties Intergovernmental Trust for property/casualty ($441,874.00) and workers compensation ($384,444.00) insurance D. Tobacco licenses for City of Dalton, JC's General Store, and Under Mart, Inc. E. County Extension Committee reappointments for Donna Gill of Perham (currently represented by Carol Rethemeier) and Steven Schwartz of Parkers Prairie effective January 1, 2014 for a three year term ending December 31, 2016 F. Board of Adjustment reappointments for Michael Harris, Paul R. Larson, Thomas Lee, R. Stephen Schierer, and Ward Uggerud effective January 1, 2014 for a one year term G. County Board of Appeal and Equalization set at 9:00 a.m. on Monday, June 16, 2014 and to reconvene for final action on Tuesday, June 24, 2014 (MS. 274.14) H. CY2014 Annual Appropriations as follows: West Central Initiative (01704.6815) $20,000.00 West Otter Tail Fair Association (01505.6950) $18,000.00 East Otter Tail Fair Association (01505.6950) $18,000.00 Minnesota Red River Valley Development Assn. (01703.6804) $ 800.00 Stevens County SWCD for Pomme de Terre River (01603.6951) $12,641.00 I. CY2014 Pocket Gopher Bounty Resolution (M.S. 348.12 and 348.13): POCKET GOPHER BOUNTY Otter Tail County Resolution No. 2014 -03 Upon motion made by Froemming, seconded by Huebsch, and unanimously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, that OTC Board of Commissioners' Minutes January 7, 2014 Page 3 The sum of thirty cents ($.30) be paid out of the General Revenue Fund of Otter Tail County for every pocket gopher killed in said County during the year 2014. Paid only in those cases where the township in which the pocket gophers were so killed shall provide for the payment of at least an additional bounty of forty cents ($.40) for each pocket gopher so killed. RESOLVED further that said payment of such County shall be made by the County Auditor upon certificates executed by the Chairman and/or Clerk of the Town Board of said Township setting forth that the township had issued and delivered to each claimant a payment for at least seventy cents ($. 70) for each pocket gopher so killed. Adopted at Fergus Falls, MN this 7th day of January 2014. Dated: --O~t+l~N...,l~t~Lf ____ _ I I OTTER TAIL COUNTY BOARD OF COMMISSIONERS Lv, ;/ /J AtteSt -L.La-"rry"""'~~'l,h-n.:..~..,-Fle=-r"k=c__- J. CY2014 Tax Forfeited Land Sale Apportionment Resolution: CY2014 TAX FORFEITED LAND SALE APPORTIONMENT RESOLUTION Otter Tail County Resolution No. 2014 -04 Upon motion made by Froemming, seconded by Huebsch, and unanimously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, that WHEREAS, it is provided in Minn. Stat. 282.05 for the apportionment of proceeds from the sale of tax forfeited lands, and WHEREAS, the County Auditor shall apportion the tax sale proceeds to the taxing district pursuant to Minn. Stat. 282.08, and WHEREAS, Minn. Stat. 282.08 (4) (b) provides that the County Board may set aside 20% of the proceeds remaining after the value of public improvements, special assessments and bond issues levied on the property have been paid, for acquisition and maintenance of county parks and recreational areas, and WHEREAS, Otter Tail County has a park and recreational area, which would benefit by such an apportionment. NOW, THEREFORE, BE IT RESOLVED, that the County Auditor retains 20% of the proceeds from the sale of tax forfeited lands for acquisition and maintenance of parks and recreational areas from the proceeds to be disbursed according to law. Adopted at Fergus Falls, MN this 7th day of January 2014. OTC Board of Commissioners' Minutes January 7, 2014 Page 4 Dated: _ _.,o,_,_1-+/.,_1<1:e.,~l-'-'1 '-I:,:_ __ _ OTTER TA L COUNTY BOARD OF COMMISSIONERS K. Designate the OTC website as the official publication for highway project advertisements for bids (M.S. 331A.12, Subd. 2) L. CY2014 printing & publishing bid award as follows: • Legal Notices, Publications and Commissioners' Minutes: Daily Journal -.$15.69 per S.A.U. • Annual Financial Statement: Citizens Advocate -Henning -First Publication -$15.69 S.A.U & Perham Focus -Second Publication -$9.88 per S.A.U. . .. • Delinquent Tax List -Citizens Advocate -Henning -First Publication $15.069'.per S.A.U. & Second Publication~ $9.88 per S:A.U. M. CY2014 Delinquent Publication Fee set at $48.00 per parcel (M.S. 279.092) N. Schedule for OTC Board of Adjustment meeting and application dates . . ' 0. Probation Advisory Board reappointment for Yvonne Mariotti representing the 5th ·Districi' effective January 1, 2014 for a three year term ending December 31, 2016 P. CY2014 Board of Commissioners meeting dates as follows: OTTER TAIL COUNTY BOARD OF COMMISSIONERS MEETING SCHEDULE CY 2014 Month County Board Meeting Date County Board Start Time Januarv 7, 14, 21 9:30 a.m. February 4, 18, 25 9:30 a.m. March 4, 11, 25 9:30 a.m. April 1, 8, 22 9:30 a.m. May 6, 13, 20 9:30 a.m. 8:30 a.m. June 3, 10,24 End@ noon 8:30 a.m. July 8, 15, 22 End@ noon 8:30 a.m. August 5, 12, 26 End@ noon September 9, 16,23 9:30 a.!IJ. October 7, 14, 28 9:30 a.m. November 4, 18, 25 9:30 a.m. December 9, 16, 30 9:30 a.m. Q. Approval of Warrants/Bills (Attachment A) OTC Board of Commissioners' Minutes January 7, 2014 Page 5 R. Approval of Letter of Support for Sharehouse/Stepping Stones additional bed capacity Final Plat Discussion Chairman Johnson opened discussion regarding township requirements to take over the maintenance of new roads in their jurisdiction. Lengthy discussion took place regarding the different regulations in each township. Chair Johnson asked if township regulations could be recorded as part of the Final Plat so buyers are aware of the road maintenance at time of purchase. Attorney David Hauser indicated that township rules change periodically and the County cannot bind township's by recording the current requirements. Concern was expressed relative to emergency services on roads where there are year-round homes and the township has not taken over maintenance or snow plowing of that road. Attorney Hauser will research the issue further and report back to the Board. Approval of Final Plats M . b L' d . otIon iy In 1qu1st, secon >Y ue sc, an db H b h d f unanimously carried to aoorove the ollowing Final Plats: Final Plat Location Develooment Huber First Addition Sec. 22, Rush Lake Township 3 Res. Lake Lots, 5 Res. Backlots & Develooer -Mark Huber Round Lake /56-214) 3 Non-Res. (Attached) Backlots Star View Estates Sec. 1, Star Lake Township 1 Residential Lake Lot Develooer-Mark & Ann Hexum Star Lake (56-385) POMME DE TERRE RIVER PROTECTIVE BUFFER PROJECT Otter Tail County Resolution No. 2014 -05 Commissioner Huebsch offered the following and moved its adoption: RESOLUTION RELATING TO THE MINNESOTA POLLUTION CONTROL AGENCY CLEAN WATER PARTNERSHIP; AUTHORIZING THE COUNTY TO BORROW MONEY FROM THE MINNESOTA POLLUTION CONTROL AGENCY AND TO LEND MONEY TO ELIGIBLE LENDERS TO FUND PROJECTS FOR THE CONTROL AND ABATEMENT OF WATER POLLUTION BE IT RESOLVED by the County Board of Commissioners of Otter Tail County, Minnesota, as follows: Section 1. Authorization and Findings. 1.01. Otter Tail County ("the Sponsor"), a political subdivision of the State of Minnesota, is authorized and empowered by the provisions of Minnesota Statutes, Sections 103F.701 to 103F.761, as amended (the "Act"), to borrow money from the MPCA for the purpose of funding a revolving loan program under the Minnesota Clean Water Partnership, as provided in the Act. The Sponsor proposes to enter into a financing agreement (the "MPCA Agreement") with the Minnesota Pollution Control Agency (the "MPCA") pursuant to which the Sponsor shall borrow money from the MPCA (the "MPCA Loan") from time to time and may lend the proceeds thereof to local lending institutions ("Eligible Lenders"), such loans to be documented by loan agreements between the Sponsor and each Eligible Lender (the "Lender Loan Agreements"), in furtherance of the "Project Work Plan" as provided in the MPCA Agreement. The Sponsor may at any time determine to make project loans directly to Eligible Participants, rather than through Eligible Lenders, and in such case the references herein to Eligible Lenders and Lender Loan Agreements shall be deemed to refer to Eligible Participants and the loan agreements between the Sponsor and the Eligible Participant. OTC Board of Commissioners' Minutes January 7, 2014 Page6 1.02. The Sponsor is authorized to borrow money and issue its general obligation note (the "Note") to the MPCA under the Act, in evidence of the MPCA Loan. Under the Act, no eliiction is required to authorize the issuance of the Note, and the Note shall not constitute an indebtedness of the Sponsor within the meaning of any constitutional or statutory provisions or limitations. The Chairperson and County Auditor are hereby authorized to approve the final terms of the Note within the parameters established in Section 2 hereof, and their execution and delivery of the Note shall evidence such approval. The terms of the Note, as so executed and delivered, shall be deemed to be incorporated herein by reference. 1.03. The execution and delivery of the MPCA Agreement, the form of which is attached hereto as Exhibit A, is, in all respects, hereby authorized, approved and confirmed, and the Chairperson and County Auditor are hereby authorized and directed to execute and deliver the MPCA Agreement in the form and content attached hereto as Exhibit A, with such changes as the Sponsor's Attorney deems appropriate and approves, for and on behalf of the Sponsor. The Chairperson and County Auditor are hereby further authorized and directed to implement and perform the covenants and obligations of the Sponsor as set forth in or required by the MPCA Agreement. 1.04. The execution and delivery of the Lender Loan Agreements and the pledging of the loan payments thereunder for the security of the Note and the interest thereon shall be, and they are, in all respects, hereby authorized, approved and confirmed, and the Chairperson and County Auditor are hereby authorized and directed to execute and deliver, from time to time, the Lender Loan Agreements in such form and content as the County Attorney deems appropriate and approves, for al'.ld on behalf of the Sponsor. The Chairperson and County Auditor are hereby authorized to approve the final terms of each Lender Loan Agreement, and their execution and delivery of such Lender Loan Agreement shall evidence such approval. 1.05. Capitalized terms used but not defined herein shall have the meanings given thereto in the MPCA Agreement. Section 2. The Note. 2.01. The Sponsor has determined that it is necessary and expedient that the Sponsor issue at this time a Note to be designated "General Obligation Note (MPCA) (Pomme de Terre River Protective Buffer Project, Otter Tail County), Series 2013" (the "Note") to provide moneys to lend to Eligible Participants or Eligible Lenders through the Lender Loan Agreements from time to time as the Sponsor shall determine. Pursuant to the Lender Loan Agreements, Eligible Participants are required to use the proceeds of the Loan for costs of projects permitted under the MPCA Agreement, and the Eligible Lenders are obligated to use the proceeds of the Lender Loans to make loans to Eligible Participants. The Note shall be substantially in the form attached hereto as Exhibit B; the aggregate principal amount of the Note shall not exceed $270,000. The principal balance of the Note from time to time shall be an amount equal to the aggregate of all MPCA Loan advances theretofore made under the MPCA Agreement, less the amount of any principal repayments or redemptions theretofore made under Sections 2.02 or 2.03 hereof. If the full amount of the MPCA Loan has not been advanced under the MPCA Agreement by December 15, 2016, or such later date as may be provided in a new or amended MPCA Agreement, the MPCA shall, under the provisions of the MPCA Agreement, reduce the principal amount of the MPCA Loan to an amount equal to the total loan amount then and theretofore advanced, and shall prepare and provide to the Sponsor revised Repayment Schedules for the MPCA Loan. Upon such action by the MPCA, the aggregate principal amount of the Note shall be limited to the principal amount of the corresponding MPCA Loan, and the revised Repayment Schedules shall be deemed to have replaced and superseded the payment schedule of the Note set forth in Section 2.02(c). 2.02. (a) The Note shall bear a date of original issue as of the date of its execution and delivery to the MPCA. OTC Board of Commissioners' Minutes January 7, 2014 Page 7 (b) The Note shall bear interest from its date of original issue at an interest rate of 2% per annum, unless any payment provided for in paragraph (c) below is not paid when due, in which case the principal b.alance of the Note shall bear interest at the rate of 4% per annum, commencing on the day following the date on which such payment was due and continuing until the date on which payment in full thereof is actually received by the MPCA. (c) The principal balance of the Note, plus the interest which has accrued on the Note at an interest rate of 2% per annum shall be payable in semiannual installments of $15,560.62 each, payable on June 15 and December 15 in each year, commencing December 15, 2016 (the "Note Payment Dates"). Interest, if any, which has accrued on the Note at a rate in excess of 2% per annum shall be payable on each Note Payment Date in addition to the regularly scheduled payment of principal and interest on the Note. 2.03. The principal balance of the Note is subject to redemption and prior payment at the option of the Sponsor on any date, upon not less than thirty (30) days written notice to the MPCA, in whole or in part in such amounts as the Sponsor may determine at a redemption price equal to the principal amount being redeemed, together with any accrued interest to the redemption date. If less than all of the principal balance is to be redeemed and prepaid, the Sponsor may elect, in the notice of redemption, to reduce the amount of or eliminate specified semiannual payments; if the Sponsor does not specify otherwise, any partial prepayment will be applied to reduce the amount of the semiannual payments in inverse order of their due dates. Partial redemptions and prepayments shall be made in increments of $1,000 principal amounts and in minimum amounts of $1,000. Section 3. Granting Clauses. The Sponsor, in order to secure the payment of the principal of and interest (if any) on the Note and the performance and observance of each and all of the covenants and conditions herein and therein contained, and for and in consideration of the premises and of the purchase and acceptance of the Note by the MPCA, and for other good and valuable considerations, the receipt whereof is hereby acknowledged, by these presents does hereby grant, bargain, sell, assign, transfer, convey, warrant, pledge and set over, unto the MPCA and to its successors a lien on, security interest in and pledge of the interests of the Sponsor in all Lender Loan Agreements hereafter entered into between the Sponsor and Eligible Lenders in connection with Loans authorized hereby, and all payments of principal, premium (if any) and interest thereon, and all proceeds thereof. If the Sponsor shall well and truly pay or cause to be paid the principal of the Note and the interest, if any, due or to become due thereon, at the times and in the manner mentioned in this Resolution and the Note, or shall provide for the payment thereof by depositing with the MPCA sums sufficient to pay the entire amount due or to become due thereon, and shall well and truly keep, perform and observe all the covenants and conditions pursuant to the terms of the MPCA Agreement and this Resolution, to be kept, performed and observed by it and shall pay to the MPCA all sums of money due or to become due to it in accordance with the terms and provisions hereof; then upon such final payment the lien, security interest and other rights hereby granted shall cease, determine and be void. Section 4. Application of Note Proceeds and Other Moneys: Loan Fund; and Loans. 4.01. The proceeds of the Note shall be equal to, and deemed to be received by the Sponsor at the same time as, the advances of the corresponding MPCA Loan under the corresponding MPCA Agreement. Such proceeds shall be deposited, as received, in the Loan Fund, which is hereby established as a separate bookkeeping account on the books of the Sponsor. Once each month, the Sponsor will determine the amount necessary to fund Loans to Eligible Lenders based on Lender Loan Agreements entered into subsequent to the last request by the Sponsor for an MPCA Loan advance under the MPCA Agreement, and shall submit a request, in accordance with the MPCA Agreement, for an MPCA Loan advance in the amount necessary to fund such Loans. OTC Board of Commissioners' Minutes January 7, 2014 Page 8 4.02. Amounts on deposit in the Loan Fund shall be used to make Loans to Eligible Lenders in accordance with Lender Loan Agreements, or to pay the principal and interest on the Note. No amounts in the Loan Fund which are required to be disbursed to an Eligible Lender under a Lender Loan Agreement may be used to pay principal or interest on the Note. Each Loan shall be made in accordance with the terms of a Lender Loan Agreement and the MPCA Agreement. The interest rate and repayment terms of the Loans shall be determined by the Sponsor in accordance with the MPCA Agreement and applicable rules of the MPCA. The proceeds of each Loan must be expended for eligible costs under the Program (including any applicable federal law) and the MPCA Agreement. Amounts on deposit in the Loan Fund shall be disbursed by the Sponsor pursuant to Lender Request. The Sponsor shall have no obligation to see to the proper application of the proceeds of the Loans. Section 5. Funds and Accounts. 5.01. There are hereby established the following Funds and Accounts: (a) Loan Fund, as described in Section 4.02 hereof; and (b) Note Fund, as described in Section 5.02 hereof. The Sponsor may also establish by resolution or otherwise within each Fund one or more separate Accounts or Subaccounts relating to a particular Loan or for other purposes. 5.02. Upon receipt of a payment of principal or interest on a Loan, the Sponsor shall deposit such principal and interest in the Note Fund. On or prior to each Note Payment Date, the Sponsor shall withdraw from the Note Fund and pay to the holder of the Note amounts sufficient to pay the principal and interest (if any) on the Note due on such Note Payment Date, including any principal of the Note which has been called for prior redemption. 5.03. For the prompt and full payment of the principal of and interest, if any, on the Note as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Sponsor shall be and are hereby irrevocably pledged. It is, however, presently estimated that the revenues appropriated pursuant to Section 5.02 hereof will provide sums not less than 5% in excess of principal and interest on the Note when due, and therefore no tax levy is presently required. Section 6. Particular Covenants of the Sponsor. The Sponsor covenants and agrees, so long as the Note shall be Outstanding and subject to the limitations on its obligations herein set forth, that: (a) It will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution and in the Note; and will promptly pay the principal of and interest, if any, on the Note on the dates, at the places and in the manner prescribed in the Note. (b) All Loans to Eligible Lenders with the proceeds of the Note or from other funds in the Loan Fund shall be evidenced by Lender Loan Agreements. The principal of and interest on the Loans shall be due and mature at the times and in the amounts and bear interest at the rates sufficient, with other available funds hereunder, to provide for payments, when due, of principal of and interest on the Note issued hereunder. The Sponsor shall diligently enforce, and take all reasonable steps, actions and proceedings necessary for the enforcement of, all terms, covenants and conditions of all Loans and all Lender Loan Agreements with Eligible Lenders relating thereto. OTC Board of Commissioners' Minutes January 7, 2014 Page 9 (c) The Sponsor shall keep proper books of record and account in which complete and correct entries shall be made of its transactions relating to all Loans and payments and all Funds and Accounts · and subaccounts established by this Resolution, which shall at all reasonable times be subject to inspection by the MPCA or their representatives duly authorized in writing. (d) The Sponsor shall annually, on or before February 1 in each year, prepare arid place on file a copy of an annual report for the preceding twelve-month period ended as of the preceding December 31, setting forth in reasonable detail: (i) a schedule of Loans, Loan payments and the status of the Funds and Accounts established by this Resolution; and (ii) a schedule of remaining payments and the principal balance of the Note outstanding at the end of such year, together with a statement of the amounts paid, redeemed and advanced during such year. The report shall also include statements as to a description of the nature of any defaults with respect to any of the Loans. (e) The Sponsor shall not cause or permit any funds received under the Lender Loan Agreements or held in any of the Funds or Accounts established hereunder to be applied in a manner which is in violation of any provisions of the Clean Water Act. (f) The Sponsor will faithfully keep and observe all the terms, provisions and covenants contained in the MPCA Agreement, this Resolution and the Lender Loan Agreements. Commissioner Lindquist seconded the motion, whereby the Otter Tail County Board of Commissioners adopts the foregoing resolution on a unanimous vote. Adopted: January 7, 2014 County 6Gditor Recess & Reconvene At 10:00 a.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:10 a.m. Board Room AudioNisual Presentation Tim Brand, IT Director and Jeremy Kirt, Marco AV Technology Advisor, presented a drawing of the County Board room and Otter Tail Lake room with proposed locations of various AV equipment including LED wall displays, projector, ceiling mounted document camera, and control system. Lengthy discussion took place regarding location of wall displays, control panel, web-based digital signage, and cost of the AV project. A sub-committee consisting of Commissioner Rogness, Commissioner Johnson, the Land Division Director, and the IT Director, will review the proposal further before presenting a recommendation to the Board. OTC Board of Commissioners' Minutes January 7, 2014 Page 10 Personnel Board of Appeals Recommendation Discussion took place regarding the documents received by the County Board relative to a Personnel Board of Appeals recommendation. Consideration and action by the County Board was delayed until the next regular County Board meeting scheduled for Tuesday, January 14, 2014. Meeting Established for Multi-County Health Board Larry Krohn, Administrator, updated the Board regarding concerns with some of the governing language for the multi-county Community Health Services Board. A meeting has been set for 9:30 a.m. on Friday, February 7, 2014 in Breckenridge, MN to discuss the concerns. Recess & Reconvene At 10:50 a.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:55 a.m. RESOLUTION Otter Tail County Resolution No, 2014 -06 Commissioner Huebsch offered the following and moved its adoption: RESOLUTION ACCEPTING RESPONSIBILITY AS THE SPONSORING AGENCY BE IT RESOLVED THAT: Otter Tail County act as sponsoring agency for a "Transportation Alternatives" project identified as City of Vergas' Multiuse Path Project and has reviewed and approved the project as proposed. Sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of all applicable laws, rules and regulations. BE IT FURTHER RESOLVED THAT: Richard K. West, P.E., County Engineer is hereby authorized to act as agent on behalf of this applicant. Commissioner Lindquist seconded the motion, whereby the Otter Tail County Board of Commissioners adopts the foregoing resolution on a unanimous vote. Dated: ---'""'-L' -1-l'--'t'{~! /,_'{.,__ ___ _ r I OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: _ _./"""' 4= ,.'!!:/-~_,J/.,,..,~~~-- La~. ~ RESOLUTION Otter Tail County Resolution No. 2014 -07 Commissioner Huebsch offered the following and moved its adoption: AGREEMENT TO MAINTAIN FACILITY OTC Board of Commissioners' Minutes January 7, 2014 Page 11 WHEREAS: The Federal Highway Administration (FHWA) requires that states agree to operate and maintain facilities constructed with federal transportation funds for the useful life of the improvement and not change the use of right of way or property ownership acquired without prior approval from the FHWA; and WHEREAS: Transportation Alternative projects receive funding; and WHEREAS: the Minnesota Department of Transportation (Mn/DOT) has determined that for projects implemented with alternative funds, this requirement should be applied to the project proposer; and WHEREAS: Otter Tail County is the sponsoring agency for the Transportation Alternative project identified as City of Vergas' Multiuse Path Project. THEREFORE BE IT RESOLVED THAT: the sponsoring agency hereby agrees to assume full responsibility for the operation and maintenance of property and facilities related to the aforementioned Transportation Alternatives project. Commissioner Lindquist seconded the motion, whereby the Otter Tail County Board of Commissioners adopts the foregoing resolution on a unanimous vote. Dated: _ _,O~t'-l-p"'~ll4/c..l-,.'{ ____ _ Attest: ~~ Larryhn~ RESOLUTION Otter Tail County Resolution No. 2014 -08 Commissioner Froemming offered the following and moved its adoption: RESOLUTION ACCEPTING RESPONSIBILITY AS THE SPONSORING AGENCY BE IT RESOLVED THAT: Otter Tail County act as sponsoring agency for a "Transportation Alternatives" project identified as Battle Lake Safe Routes to School Project and has reviewed and approved the project as proposed. Sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of all applicable laws, rules and regulations. BE IT FURTHER RESOLVED THAT: Richard K. West, P.E., County Engineer is hereby authorized to act as agent on behalf of this applicant. Commissioner Rogness seconded the motion, whereby the Otter Tail County Board of Commissioners adopts the foregoing resolution on a unanimous vote. Dated: --'OC-'l'-//'--'t_,t.1'-/./--'-l~'f~---RD OF COMMISSIONERS OTC Board of Commissioners' Minutes January 7, 2014 Page 12 RESOLUTION Otter Tail County Resolution No. 2014 -09 Commissioner Froemming offered the following and moved its adoption: AGREEMENT TO MAINTAIN FACILITY WHEREAS: The Federal Highway Administration (FHWA) requires that states agree to operate and maintain facilities constructed with federal transportation funds for the useful life of the improvement and not change the use of right of way or property ownership acquired without prior approval from the FHWA; and WHEREAS: Transportation Alternative projects receive funding; and WHEREAS: the Minnesota Department of Transportation (Mn/DOT) has determined that for projects implemented with alternative funds, this requirement should be applied to the project proposer; and WHEREAS: Otter Tail County is the sponsoring agency for the Transportation Alternative project identified as Battle Lake Safe Routes to School Project. THEREFORE BE IT RESOLVED ·THAT: the sponsoring agency hereby agrees'to · assume full responsibility for the operation and. maintenance of property and facilities related to th'e aforementioned Transportation Alternatives project. · · Commissioner Rogness seconded the motion, whereby the Otter Tail County Board of Commissioners adopts the foregoing resolution on a unanimous vote. Dated: 01 I t'fl{'f l I Attest: ~ ~ LarryKrn;ierk SAFE ROUTES TO SCHOOL PROJECT Otter Tail County Resolution No. 2014 -10 Commissioner Froemming offered the following and moved its adoption: BE IT RESOLVED, that the County of Otter Tail act as sponsoring agency for the Safe Routes to School (SRTS) Project within the City of Battle Lake and acknowledges herewith that it is willing to be the project sponsor knowing full well that such sponsorship includes a willingness to secure and guarantee the local share of costs associated with this project and responsibility for seeing this project through to its completion, with compliance of all applicable laws, rules and regulations. BE IT FURTHER RESOLVED, that Richard K. West, County Engineer, is hereby authorized to act as agent on behalf of this applicant. AGREEMENT TO MAINTAIN FACILITY WHEREAS, the Federal Highway Administration (FHWA) requires that states agree to operate and maintain facilities constructed with federal transportation funds for the useful life of the improvement and not change the use of rig hi of way required without prior approval from the FHWA; and · OTC Board of Commissioners' Minutes January 7, 2014 Page 13 WHEREAS, Safe Routes to School projects receive federal funding; and WHEREAS, the Minnesota Department of Transportation (MnDOT) has determined that for projects implemented with SRTS funds, this requirement should be applied to the project sponsor; and WHEREAS, the County of Otter Tail is the project sponsor for the SRTS project within the City of Battle Lake. THEREFORE BE IT RESOLVED, that the Project Sponsor hereby agrees to assume full responsibility for the design, construction, operation and maintenance of property and facilities related to the aforementioned SRTS project. Commissioner Rogness seconded the motion, whereby the Otter Tail County Board of Commissioners adopts the foregoing resolution on a unanimous vote. Dated: _ _.O"-'t--1/'--'1"''{'-+-/,_1 L/..,__ __ _ By: ners Chair Attest Discussion -System Preservation Study Public Meetings Rick West, Public Works Director, submitted a document titled "Better Roads for a Better Otter Tail County" dated January 2014. The document will be used as a survey/comment sheet relative to transportation priorities and budgeting. Lengthy discussion took place to consider adjustments to the document prior to the scheduled public meetings. Final Payments for Highway Projects Motion by Rogness, second by Froemming, and unanimously carried to approve Final Estimate No. 2, in the amount of $8,394.88, payable to Traffic Marking Service, Inc. as final payment for the Installation of Enhanced Intersection Signage and Pavement Markings, S.P. 056-070-005,F.P. HSIP 5612(173). Motion by Lindquist, second by Rogness, and unanimously carried to approve Final Estimate No. 4, in the amount of $16,189.67, payable to Fargo Electric Construction, Inc. as final payment for the Rural Intersection Lighting project, S.P. 088-070-033, HSIP 8812(233). National Association of County Engineers Motion by Rogness, second by Lindquist, and unanimously carried to authorize Rick West to attend the National Association of County Engineers Conference April 13, 2014 through April 17, 2014 in Baton Rouge, LA. Motion by Huebsch, second by Rogness, and unanimously carried to authorize Chairman Johnson to attend the NACE Conference to present on pavement management and preservation. There is interest by the NACE Conference Committee for presentations from Commissioners; one representing the Metro, one from a small rural county, and one from a larger rural county. ' . \ . ' . Ditch Viewer Training Motion by Huebsch, second by Rogness, and unanimously carried to authorize Kevin Fellbaum, Ditch Inspector, to attend Ditch Viewer Introductory Training for the region April 8-11, 2014 at the Ridgewater College, Willmar Campus. · · · · OTC Board of Commissioners' Minutes January 7, 2014 Page 14 County Ditch Systems County Ditch #70: Motion by Lindquist, second by Froemming, and unanimously carried to authorize Jeremy Fronning to clean a portion of County Ditch #70 shown in yellow on the map submitted by the Ditch Inspector. Mr. Fellbaum will be on-site when the project is completed and will work with the property owner to establish a buffer strip coinciding with the cleanout. County Ditch #16: Motion by Froemming, second by Lindquist, and unanimously carried to authorize the Ditch Inspector to facilitate the removal of bogs in County Ditch #16 under State Highway 210 shown in red on the map submitted. The Minnesota Department of Natural Resources and Department of Transportation will assist with the project. Request for Forgiveness of Tax Penalty Harvey Primus briefed the Commissioners regarding his situation with a late tax payment due to a change in the post office delivery system. He also submitted an explanation in writing. The· County's policy includes a penalty if a tax payment is not receiv_ed or post marked on the tax due date. After consideration, Commissioner Froemming regretfully offered a motion to deny this request for forgiveness of a tax penalty, in the amount of $50.41, due to the fact that the problem occurred with the 11osi office, not Otter Tail County. The motion was seconded by Commissioner Huebsch and was unanimously carried. 60-Bed CD Facility Settlement Contract Motion by Rogness, second by Huebsch, and unanimously carried to authorize the appropriate County Officials' signatures to execute a General Contract Agreement between the County of Otter Tail and Rousevac, Inc. Rousevac, Inc. will complete work at the 60-Bed Chemical Dependency Facility located at 1174 Western Ave, Fergus Falls, MN as specified in the agreement. This approval includes a down payment for the project of $50,333.00. United Way Award Mr. Krohn reported that Otter Tail County employees have been selected to receive an award from the United Way for donation participation at a luncheon on January 15, 2014. Motion by Huebsch, second by Froemming, and unanimously carried to request that a County Board member and employee representative from the Employees' Committee attend the luncheon scheduled at 11 :30 a.m. January 15th at the Pioneer Home in Fergus Falls. State Economic Competitiveness Summit Motion by Rogness, second by Lindquist, and unanimously carried to authorize Commissioner Huebsch to attend the State Economic Competitiveness Summit Wednesday, January 22, 2014 in St. Paul. Adjournment At 12:09 p.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, January 14, 2014. Dated: 0/ / I'-{ Lrff . ' OTTER TAIL, COUNTY RD OF COMMISSIONERS CB/kd OTC Board of Commissioners' Minutes January 7, 2014 Attachment A, Page 1 WARRANTS APPROVED ON 01/07/2014 Vendor Name A· 1 LOCK & KEY Av1ANDSUC A.\£ERICAN SOLUTIONS FOR BUSINESS API SUPPLY INC ASSOCL-\.TED BAG COMPANY ASSOCL.\TION OF MN COUNTIES BACHM..\..1'1 PRINTING COMPANIES BAKKEN/GA11.0N BECKER CO AUDITOR TREASURER BEYER BODY SHOP INC BLUESTONE TECHNOLOGIES DIC BOB'S STA.11/DARD BULK SER\1CE BOND TRUST SERVICES CORPORATION BRAUN INTER.TIC CORPORATION BRAUN VENDING INC CANNEll/DOUG CEJl."fR.AJ. SPECLAJ. TIES INC CHARTER COMMUNICATIONS CL.\Y CO SHERIFF co OP SER\1CES me CODE -l SER\1CES UC CO~!MISSIONER OF TRANSPORTATION COMSTOCK CONSTRUCTION OF ?-L\/ COOPERS TECHNOLOGY GROUP CL1.LEN'S HOME CENTER CUWG . .\..\/ WATER CONDITIONING D & T VENTURES UC DAVIS/CHARLES DE.'\ E..\ST DHS SOS ARC -17 2 FASTEN.OJ. COMPANY FERGUS F.AJ.LS DAJL Y JO URN.OJ. FERGUS F.AJ.LS/CITY OF FERGUS POWER PUMP me FOTH INFRASTRUCTu'RES & EN\1ROMEN FRAZEE ELECTRJC INC FRONTIER PRECISION INC GAUS UC GENER.OJ. PARTS UC GIBBS/ . .\NN GOOD YEAR TIRE & RUBBER CO GOODIN COMP . .\..'<1' Amount 42.52 7,493.97 10,693.98 1 .231.42 111.30 725.00 362.76 30.98 47.91 519.06 758.23 211,61 900.00 799. 75 775.00 69.56 1,846.80 86.58 42.17 104.63 4 77.23 1,129.44 414.569.86 2,365 05 5,064.66 10.69 750.00 75.00 24.50 750.00 2.54 336.00 2,772.00 420.00 1.830.10 1,138.17 48.09 860.16 267.60 88,56 2,071.56 138.83 OTC Board of Commissioners' Minutes January 7, 2014 Attachment A, Page 2 Vendor Name GOODPOINTE TECHNOLOGY INC GRAINGER INC GREEN UGHTS R.ECYCLL"IG INC GRIFFIN/PA TRICK 1-l.\GEN/ERVIN MUSER/DAVID 1-l.\WES SEPTIC TANK PUMPING HEDAHLS HEADQUARTERS HENNING AUTO PARTS INC HENNING 1-L .\RDWAR.E HER..\iAN/CRYSTAL 1-llGH PL>\JNS TECHNOLOGY HOFF /MARL.\ND HOUSTON ENGINEERING INC I'LL TILE & STONE INC IDAMERlCA INDEPENDENT /THE INFORMATION SYSTEMS CORP INNOVAID'E OFFICE SOLVI10NS J.P. COOKE CO J.P. STRL:CTUR.ES INC JJS COMPA!ff E.XCA VA TING LLC JONES AJ'<1) ~l.\GNUS JORGENSON/1i1..ER M K.I.D. LEASING INC KARKf1A HUNT CICHOSZ & JENSEN PW KEEPRS INC KELLY SER,1CES INC KEY GOVERNMENT FINANCE INC KINETIC LEASING INC KOEP'S SEPTIC KRIS ENGINEERING INC L.\KE REGION HEAL THCAR.E CORP L.\KEL.\ND MENTAL HE..\LTH CE.'ITER L.\KES COUNTRY SERVICE CO OP L.\R.RY OTT INC TRUCK SERVICE L.\WSON PRODUCTS INC UTILE F . .\LLS ~UCl-llNE INC LOCATORS & SUPPUES INC MACO 1-L.\RCO INC ~L.\RCO INC ST L01.HS Amount 2.250.00 161.75 1.937.71 15.02 3.80 203.40 75.00 62.11 144.10 99.89 131.85 3,900.00 3.850.00 1.860.00 1.838.19 185.55 152.26 845.00 552.35 126.34 810.049.83 4,578.53 895.00 122.00 303.35 500.00 635.82 943.34 8.788,78 704.00 65.00 4.099.75 742.60 3.216,00 279.50 3,320.00 273.29 284.08 462.01 2.130.00 72.14 258.76 Vendor Name MATil-lEW BENDER & COMPANY INC MCAA EDlJCATIONAL FOUNDATION MCCOUOUGH WELDING METRO SALES INC !>f!NNKOTA ENVIRO SER'v1CES INC MN ASSOC OF CO OFFICERS MN ASSOC OF CO \'ETER.A ... '11S SER\1CE Of MN CON11m:1NG LEGAL EDUCATION MN DEPT OF AGRICLl. TURE MN DEPT OF PUBUC S.AFm· MN STATE AUDITOR MOREY PHD/EI..DON L MOSHER/DE.\INIS N F FIELD ABSTRACT CO NA TION . .\L BUSINESS SYSTE.."1S INC NELSON AUTO CENTER NEll'l>UN PAINTING INC NORTHL>.ND BUSINESS SYSTEMS INC ~'PEI.RA OFFICEMAX INCORPORATED OTTIR ELECTRIC UC OTTIR TAIL CO TRE...\SURER OTTIRTAIL AGGREGATE OTTIRTAIL TRUCKING INC PACE ANAL)TIC . .\L SER\1CES INC PERRAM FOCUS PHIJ.llPE La\ W OFFICE PHOENIX SUPPLY PITNEY BOWES P!ThTI BOWES PORTMANN/VIRGINl..a\ PRAIRIE L.\KES ~fu-NTCIPAL SOLID WAST! PRODUCTI\'E AL TERNA ffi'ES L\IC R.DO TRUST #80-6130 REGE."ITS OF THE UNIVERSITY Of MN RENDZ/TONY RETI!E.MEIER/CAROL ROEHl../>\lLUS ROYAL TIRE INC S.W.INC SANFORD HEALTH SBLC FF OTC Board of Commissioners' Minutes January 7, 2014 Page 3 Amount 1,208.41 1,000.00 208.94 236.23 45.95 265.00 450.00 625.22 270.00 315.00 5.049.50 385.00 75.00 4.875.00 355.43 818.88 310.00 674.34 200.00 71.34 15.286.36 14. 75 266.25 15,284.92 4.861.00 69.50 410.74 520.94 236.18 1.076.00 75.00 100.00 261.12 99.44 32.775 00 270.68 97.60 107.23 24.00 395.00 346.87 997.22 OTC Board of Commissioners' Minutes January 7, 2014 Attachment A, Page 4 Vendor Name SCHWANKE/VICKI SCHWARTZ/STEVEN SER\•1CE FOOD SUPER VAl.U SEWER SERv1CE SHEll.S /RICK SIGGERLU/JUDY SIRCHIE FIN GER PRINT 1.ABOR.ATO R.JES SJOSTROM/JUUA.N SllilTH/GE,\ffi SR.F CONSUL TI.NG GROUP L'IC STEIN/WAYNE STEINS L'IC STOLPM..\N L.\W omcE STRATEGIC EQUIPM:E,'fl" AND SUPPLY STREICHERS THIS WEEKS SHOPPING NEWS THOMSON REFfER.S · WEST TIRES PLUS TOTAL CAR CARE TITAN MACHINERY L'IC TNT REPAIR INC TR..\NOUllITY BUll.DL'IG SER VICES TRIMIN SYSTEMS INC UNIFORMS u'NllMITED INC VEOUA ENVIRONM:ENTAl SERVICES WADENA ASPHALT INC WALETZKO/PA TRICK WASTE MANAGEMENT WAYNE'S TOOLWAGON WHITE BAW,.-ER u'NIFORM SHOP WORLD MEDICAL GOVERNMENT SOLL"TI1 \"Ell.OW MED!ClNE co SHER.JFF omcE ZIEGLER INC Final Total; Amount 54.24 100.43 19.69 160.00 16.91 12.17 38.75 143.33 22.83 5.737.84 31.33 665.67 923.04 703.28 70.51 14 7.06 4.675.48 2.029.29 446. 75 1,380.00 454.22 3.182.92 429.45 18.198.30 5,744.10 50.85 12.225.91 192.64 401.00 27.68 75.00 1,198.73 1,473,735.81