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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/22/20000 0 0 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Courthouse Commissioners' Room, Floor 1-B Tuesday,August22,2000 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, August 22, 2000 at 9:31 a.m. at the Otter Tail County Courthouse with Commissioners Roger Froemming, Chair; Dennis Mosher, Vice-Chair; Syd Nelson, and Malcolm Lee present. Commissioner Virginia Partmann was present at 9:35 a.m. Approval of Agenda Motion by Lee, second by Mosher, to approve the Human Services Board agenda of August 22, 2000 as presented. Motion carried. Approval of Minutes Motion by Lee, second by Mosher, to approve the Human Services Board minutes of August 8, 2000 as mailed. Motion carried. Dog Bite Hearing Chair Roger Froemming convened a dog bite hearing with the dog's owner, John Wagner, and Public Health Nurse, Phyllis Knutson, present. David Hauser, County Attorney, stated that Mr. Wagner admits that there was a dog bite and has taken steps to avoid further danger to the public. Mr. Wagner stated that he has a Golden Retriever, enjoys his dog very much, and submitted photographs of where he lives and letters from two neighbors indicating that they have not had any problems with the dog. The dog does have a problem with utility workers. Mr. Wagner stated that he has fenced the back portion of his property so no one can enter the yard from the back of his property and surprise the dog. Phyllis Knutson reported that two dog bites have occurred; one on 9/2/95 and 6/22/00. She reviewed medical treatment sought and reported that the wounds have completely healed. Discussion followed regarding the possibility of fencing the back yard completely. Commissioners agreed that conditions of this hearing are that MG (dog) will be in a kennel on the back of the property during the winter and in a 3-season porch (scheduled to be completed within the next couple of weeks) during the summer months when the dog is not directly attended. Commissioner Mosher requested that PHN, Phyllis Knutson, follow-up to ensure that these conditions are met. The County Attorney will prepare findings of the hearing and send a copy of the findings to Mr. Wagner. Public Health Nuisance Complaint Public Health Director, Diane Thorson, reported to the Board that there is a feedlot near Lake Lida where run-off is going directly into Lake Lida. Water tests that were done showed that fecal coliform is present where the run off enters the lake. When fecal coliform is present, e-coli could pose a public health threat. By determining that this situation is a public health nuisance, the Minnesota Pollution Control Agency (MPCA) would be authorized to proceed in this matter. Lengthy discussion took place regarding the unavailability of cost share dollars, steps to correct the immediate problem, pollution of public waters, etc. Arnold Jentz as well as a contiguous landowner in this area both spoke in opposition of allowing this run off to continue. Commissioner Lee requested that the farmer involved in this situation be contacted immediately. Commissioners OTC Board of Commissioners' Minutes August 22, 2000 Page 2 requested that Mark Steuart of the MPCA document the procedures required to fix this problem O and fax the document to the Public Health Director. Dental Contracts Motion by Nelson, second by Mosher, to authorize the Chair's signature to execute two contracts between the University of Minnesota School of Dentistry and the Otter Tail County Department of Public Health to provide two dental clinics. The clinic in New York Mills is for September 18 -22, 2000 and September 25-29, 2000. The clinic in Fergus Falls is for October 2-6, 2000 and October 9-13, 2000. Motion carried. Dental Services Agreement Motion by Lee, second by Partmann, to authorize the Chair's signature to execute an agreement between the Otter Tail County Department of Public Health and Doral Dental Services of Minnesota, Inc. to provide dental services to persons on U-Care. Motion carried. Minority Health Assessment Motion by Partmann, second by Lee, to authorize the Chair's signature to execute a Grant Agreement Amendment for the minority health assessment that provides Otter Tail County Public Health with an additional $4,000 for FY2001. Motion carried. NYM Office Space Court Services Director, Chuck Kitzman, reported that space has been made to allow the Court Services' Clerk/Typist in New York Mills an additional workspace at a cost of approximately Q $1,000. This cost is budgeted in this year's Capital Improvement Fund. As a result of the office ., space change, the Public Health waiting room needs to be divided somewhat from the clerical area. Ms. Thorson requested a glass divider at an approximate cost of $1,000 for this purpose. This expenditure is also budgeted in this year's Capital Improvement Fund. Child Support Services Human Services Director, John Dinsmore, presented a video regarding child support and a corresponding handout. Mr. Dinsmore introduced Otter Tail County's Child Support staff members and staff members reviewed caseload information. Discussion followed. Bills & Claims Motion by Partmann, second by Lee, to approve the Human Services bills and claims as presented. Motion carried. Adjournment At 11 :06 a.m., Chairman Froemming declared the meeting of the Otter Tail County Human Services Board adjourned until 9:30 a.m. on Tuesday, September 12, 2000. Motion carried. Dated: __ ....,,Qj"'-1...,µ/ /_.,,2...,=i/c...,,o.,,,oL_ __ _ i J OTTER TAIL COUNTY HUMAN SERVICES BOARD Attest: ~~" Larry Krohn,ierk oemming, Human Services Board Chair 0 0 0 Call to Order OTC Board of Commissioners' Minutes August22,2000 Page 3 The Otter Tail County Board of Commissioners convened Tuesday, August 22, 2000 at 11: 16 a.m. at the Otter Tail County Courthouse with Virginia Partmann, Chair; Roger Froemming, Vice-Chair; Syd Nelson, Malcolm Lee, and Dennis Mosher present. Approval of Agenda Motion by Lee, second by Froemming, to approve the County Board agenda of August 22, 2000 with the following addition: Land & Resource Director, Bill Kalar at 1 :15 p.m. -CUP Extension Request Motion carried. Approval of Minutes Motion by Lee, second by Nelson, to approve the County Board minutes of August 15, 2000 as presented on August 22, 2000. Motion carried. Authorization for Exemption from Lawful Gambling Application The Ducks Unlimited Spring Migration #162 has submitted an application for authorization for an exemption from lawful gambling license for an event scheduled for Friday, September 8, 2000 at the Pier on Otter Tail Lake. The applicants' have requested a waiver for the 30-day waiting period. Motion by Lee, second by Froemming, to waive the 30-day waiting period for the above referenced application. Motion carried. License Application Motion by Mosher, second by Nelson, to approve the following application for license: Richard Gordon Seidel Tobacco Sportsmans' Bar 106 East Main Clitherall, MN Motion carried. Election Appointments Motion by Froemming, second by Mosher, to appoint the following individuals to the County's absentee ballot board and to the resolution board: Lois Benner Ane M. Hanley Clyde Ellefson Richard Anderson Gary Lee Vicki Lee Jake Lillestol John Molter Carlton E. Mortensen Arleen Nycklemoe Marcella Stone Elizabeth Townsend Deborah Zachmann Democratic-Farmer-Labor Democratic-Farmer-Labor Democratic-Farmer-Labor Republican Democratic-Farmer-Labor Democratic-Fanmer-Labor Republican Republican Republican Democratic-Farmer-Labor Republican Republican Democratic-Farmer-Labor 0 Motion carried. Compensation for Election Judges Motion by Lee, second by Mosher, to authorize paying the above appointed election judges $8.00 per hour and to reimburse travel at the county rate. Motion carried. OTC Board of Commissioners' Minutes August 22, 2000 Page4 Resource Recovery Projects Solid Waste Director, Mike Hanan, continued discussion regarding resource recovery facility capacity and city/county relationships with each facility. A corresponding handout was provided to board members. After discussion, Mr. Hanan suggested that Otter Tail County could contract for more municipal solid waste than they can deliver and then contract with another entity for the remaining waste which would provide for flexibility to dispose of Otter Tail County's increased waste in the summer months. He recommended that Otter Tail County contract for disposal of all municipal solid waste with the incinerator facilities and then Otter Tail County could contract with the other counties/entities wishing to deliver waste. This is the process that has been used in the past. Motion by Froemming, second by Nelson, to authorize Otter Tail County to be the contracting county for the resource recovery facility in Perham and Fergus Falls and then contract with other counties for the MSW above Otter Tail County's volume. Discussion took place regarding flexibility to incinerate Otter Tail County's solid waste first, a host fee, and possible contract language. Perham City Administrator, Bob Louiseau, did not object to the motion which would allow Otter Tail County to be the central county relative to the incinerator facilities. Chair Partmann called for a vote. Motion carried on a 3-2 vote with Mosher and Nelson opposed. Lake Improvement District Budget Request Commissioner Lee reported that the Pelican Group of Lakes Improvement District has requested an increase of $15,000 in their budget. This budget item is not included in the County's levy limit. The LID budgets are shown in the overall County budget; however, the funds are only levied to those properties in the lake improvement district. Motion by Lee, second by Nelson, to approve the Pelican Group of Lakes Improvement District budget as presented for Year 2001. Motion carried with Partmann opposed because of the accounting requirement that the LID budget is added to the County's budget. Recess & Reconvene At 12:15 p.m., Chair Partmann declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1 :23 p.m. with all commissioners present except Commissioner Mosher. Commissioner Mosher was present at 1 :44 p.m. after completion of a committee meeting. Snowmobile Trail Agreements Motion by Lee, second by Froemming, to authorize the Chair's signature to execute the following FY 2001 Performance Based Grant Trails Assistance Maintenance Agreements: Otter Country Trail Association (O.C.T.A.) $25,000 Otter Tail County Lake Runners Trail Association $16,500 Otter Trail Riders Trail Association $29,000 Motion carried. Request for Extension -Conditional Use Permit #5811 Motion by Lee, second by Nelson, to approve an extension to September 15, 2000 for CUP #5811 for Gary Holthusen on Lake Lida as requested. Motion carried. 0 0 Liquor Violation Hearings County Attorney, David Hauser, reported that of all liquor violation citations sent, two Q establishments wished to challenge the citations. He stated that Thomas Weinhandl of Tom's Standard and Bruce Huseth of Underwood Conoco Quik Stop are both prepared to admit violations; however, wish to be heard about the process. Mr. Weinhandl did admit that the liquor sale violations did occur. He stated that he is hiring people for low wages and the employees have 0 • OTC Board of Commissioners' Minutes August 22, 2000 Page 5 no consequences for their action. He felt the employee should be liable for the fine or a portion of the fine, not just the employer. The second offense occurred with an employee that was on-the-job for his 2nd day. He stated that if he had been notified of the first violation, the second violation might not have occurred. Deputy Brian Fox stated that the process used was pursuant to the state grant dollars for the project and in order to learn the extent of the problem, the whole county needed to be completed before notification was made to the establishments and without the establishments knowledge. Mr. Weinhandl requested that he not be required to pay for his second violation because of the delay in notification after the first liquor violation. Motion by Lee, second by Portmann, to stand by the liquor violation rules as written and not change the fine as previously established. Lengthy discussion followed regarding notification procedures, responsibility to train employees, and treating all establishments the same. Chair Portmann called for a vote. Motion carried with Commissioner Froemming opposed. The County Attorney will prepare a written order and mail to Tom's Standard. Bruce Huseth from Underwood Conoco Quick Stop admitted allegations of two liquor violations at his establishment. Mr. Huseth was present during the previous hearing and expressed similar concerns. He stated that the employees working in his establishments are young kids, they are trained; however, still make mistakes. He is thinking about adding a machine that employees can swipe licenses to determine if the purchaser is old enough to buy alcoholic beverages. Motion by Nelson, second by Lee, to continue with the same fine as previously set for Underwood Conoco Quick Stop for liquor sale violations. Motion carried. The County Attorney will prepare a written order and mail to Underwood Conoco Quick Stop. Geographic Information Systems (GIS) Support Position Motion by Lee, second by Froemming, to authorize the GIS Department to write a job description for a support staff position in the GIS Department and submit this job description to DMG for salary compensation grade. Motion carried. County Board Meeting Relocated/Ditch Meeting Established Commissioners requested that the regularly scheduled County Board meeting on Tuesday, September 19, 2000 at 9:30 a.m. be changed to 2:00 p.m. at the City Hall building in Parkers Prairie. The Ditch No. 4 public Hearing has been set for September 19, 2000 at 7:00 p.m. at the City Hall in Parkers Prairie. Adjournment At 2:43 p.m., Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, September 5, 2000. OTTER 1: IL COUNTY BOARD OF COMMISSIONERS Attest: ~ efL Larry Krohn, erk 0 CB/kd