HomeMy WebLinkAboutBoard of Commissioners - Minutes - 09/26/20000
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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Otter Tail County Courthouse
Commissioners' Room, Floor 1-8
Tuesday, September 26, 2000
9:30 a.m.
Call to Order
The Otter Tail County Human Services Board convened Tuesday, September 26, 2000 at
9:30 a.m. at the Otter Tail County Courthouse with Commissioners Roger Froemming, Chair;
Dennis Mosher, Vice-Chair; Syd Nelson, Malcolm Lee, and Virginia Partmann present.
Approval of Agenda
Motion by Lee, second by Partmann, to approve the Human Services Board agenda of
September 26, 2000 as presented. Motion carried.
Approval of Minutes
Motion by Nelson, second by Mosher, to approve the Human Services Board minutes of
September 12, 2000 as mailed. Motion carried.
Keys to lnnervision Program Contract
Motion by Lee, second by Partmann, to authorize the Chair's signature to execute an agreement
between Otter Tail County of Court Services and Lakeland Mental Health Center for the period of
July 1, 2000 to June 31, 2001. This agreement provides for the "Keys to lnnervision" Program, a
multi-system adolescent chemical dependency program, with funding not to exceed $11,800.
Motion carried.
Child & Teen Checkup Administrative Services Agreement
Diane Thorson, Public Health Director, requested approval of the 2001 Child and Teen Checkups
agreement. The· Public Health Department contracts with the Human Services Department to
provide outreach to encourage and stress the importance of well child exams. Motion by Lee,
second by Partmann, to authorize the Human Services Director and Public Health Director to
execute the 2001 Child and Teen Checkups and Immunization Registry Administrative Services
Contract. Motion carried.
Retreat Update
Ms. Thorson reported that Lori Morrell from the Bureau of Mediation Services met with the Public
Health Department yesterday for their second session. They finalized value statements as well as
skills and traits for employees and managers. They discussed the issue of an autocratic type of
department versus the labor management team approach. A subcommittee will meet with
Ms. Morrell to work on profiles and job descriptions for staff and management. Ms. Morrell will
return to continue staff meetings on October 31, 2000 and November 29, 2000.
Addendum to Mental Health Initiative Contract
Social Services Supervisor, Tom Jensen, requested approval of an addendum to an existing
Mental Health Initiative Contract that provides a community survivor network and training for
consumers and family members. There is additional money available for August through
December for the four counties involved with this initiative with Otter Tail County serving as the
host county. Motion by Nelson, second by Mosher, to authorize the Chair's signature to execute
an addendum to the Mental Health Initiative Contract which includes Becker, Clay, Wilkin, and
OTC Board of Commissioners' Minutes
September 26, 2000
Page2
Otter Tail Counties for the period of August 1, 2000 through December 31, 2000. The contract O
provides training and workshop opportunities with funds not to exceed $10,000 for the additional
training. Motion carried.
Human Service Department Goals
New York Mills Planning
MACSSA Fall Conference
Human Services Director, John Dinsmore, provided agency objectives and goals for year 2000 and
requested areas of concern to be addressed for year 2001. Commissioner Mosher cited the
projected increase in cost of natural gas and requested that Mr. Dinsmore address the Energy
Assistance Program relative to meeting that proposed need. Commissioner Nelson requested out-
of-home placement cost statistics for the first part of year 2000 to assess the continuing cost trends
in that area. Mr. Dinsmore provided the schedule for the 2000 MACSSA Fall Conference to be
held September 27-28. Discussion followed regarding the downsizing of regional treatment
centers around the State and funding issues. Mr. Dinsmore presented a document addressing
areas to be discussed regarding the proposed plan to shift some services and potentially three
Human Service employees to the New York Mills building to service that area of the County.
Bills & Claims
Motion by Nelson, second by Mosher, to approve the Human Services bills and claims as
presented. Motion carried.
Adjournment
At 10:32 a.m., Chairman Froemming declared the meeting of the Otter Tail County Human Q
Services Board adjourned until 9:30 a.m. on Tuesday, October 10, 2000. · -
Dated :_--'--l~D~-~fo~--2oo--"'--"=o~--OTTER TAIL COUNTY HUMAN SERVICES BOARD
Attest: /~~ ~ Larry Krn, Cerk
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, September 26, 2000 at
10:45 a.m. at the Otter Tail County Courthouse with Virginia Portmann, Chair; Roger Froemming,
Vice-Chair; Syd Nelson, Malcolm Lee, and Dennis Mosher present.
Approval of Agenda
Motion by Lee, second by Mosher, to approve the County Board agenda of September 26, 2000 as
presented. Motion carried.
Approval of Minutes
Motion by Froemming, second by Nelson, to approve the County Board minutes of September 19,
2000 as presented. Motion carried.
Planning Commission Recommendations
Conditional Use Permit -James Briks: 0
Land & Resource Director, Bill Kalar, reviewed the Conditional Use request of James Briks. This
property is located on Otter Tail Lake, (Section 2, Twp, 133, R. 40 in Everts Township Lake No.
56-242). The Planning Commjssion considered the application on May 17, 2000. The request is
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to move an existing retaining wall back from the shoreline and repair with excavation of 50 yards of
dirt, concrete foundation, and masonry placed above grade to match the existing masonry. The
Planning Commission recommended denial of this request on May 17, 2000 citing four reasons as
follows: 1) The unit is exceedingly large (6' base); 2) The shore impact zone would be dug-up in
the process of moving the unit; 3) Approving this request would set a precedence in allowing a
vision obstructing unit; and 4) Once the unit is moved, it would no longer be a retaining wall. This
request was tabled for consideration by the County Board at the applicant's request and
rescheduled for today. Robert Bigwood, attorney representing Mr. Briks, asked that the County
Board not follow the recommendation of the Planning Commission in this instance. He stated that
what Mr. Briks has proposed is environmentally friendly and is a culmination of meetings with the
Army Corps of Engineers and the DNR. There has been a wall in this location in excess of 30
years and divides .the lawn area from the beach area. The water level is now close to the base of
the wall and close enough that winter ice action presses against the retaining wall, and for that
reason, the Army Corps of Engineers would like the wall moved. Mr. Bigwood addressed each
reason cited by the Planning Commission for reasons for denial: Mr. Kalar noted that the Army
Corp of Engineers stated that this project is covered under their general permit; however, they
indicated that State and local permits are needed before work begins. The DNR indicated that this
project is out of their jurisdiction. Lengthy discussion followed. Motion by Partmann, second by
Lee, to uphold the recommendation of the Planning Commission to deny the Conditional Use
Permit application of James Briks. Discussion followed regarding plans relative to the wall if the
CUP is not approved. Motion withdrawn and further discussion took place. Motion by Partmann,
second by Lee, to uphold the recommendation of the Planning Commission to deny the
Conditional Use Permit application of James Briks. Motion carried with Commissioners Mosher
and Nelson opposed.
Conditional Use Permit -Michael & Tracy Sheldon:
Motion by Lee, second by Nelson, to uphold the recommendation of the Planning Commission to
deny a Conditional Use Permit for Michael & Tracy Sheldon on Crystal Lake (Sec. 3, Twp. 136,
R. 42, in Lida Township, Lake No. 56-749). Motion carried.
Conditional Use Permit #5769 -Extension:
Motion by Lee, second by Froemming, to extend Conditional Use Permit #5769 until October 15,
2000 subject to following erosion control measures as outlined by the Land & Resource Office.
Motion carried.
Green Acres Information
Assessor, Bob Moe, presented an information sheet developed by the Minnesota Department of
Revenue regarding the Green Acres law and a second handout that details the use of Green Acres
throughout the State of Minnesota. Otter Tail County will be the 34th county to implement the use
of Green Acres. Commissioners requested that the Assessor send the Green Acres information
sheet to the 700 plus residents who have already received Green Acres letters. The information
will also be sent to area newspapers. Mr. Moe also provided estimated taxable market value and
tax capacity figures and comparisons for 1999 and 2000.
Ag Inspector Position
Ag Inspector, Tiny Holm, reviewed the mandated responsibilities of his Ag position which include
checking all lands for noxious weed control and seed sampling. In addition, the State requests
feed, fertilizer, and pesticide sampling, commercial and non-commercial testing, inspections for
EPA registration numbers on pesticide products, and weed and insect control. Mr. Holm has 80
OTC Board of Commissioners' Minutes
September 26, 2000
Page 4
sites of leafy spurge out now and has more requests. Purple loosestrife has been eradicated on a Q
particular test site showing that the program is working very well. He has received recognition for
this biocontrol program and has been invited to speak to the National Association of Engineers on
the subject of biocontrol next April. The Association of Minnesota Counties has included proposed
funding up to 50% of the county Ag positions in their platform. Mr. Holm requested commissioners
to speak with local legislators to ask for their support for proposed legislation for the State to fund a
portion of this mandated Ag position. He also requested permission to address the House and
Senate Ag Fund Committees on this issue.
Motion by Lee, second by Froemming, to give the Ag Inspector perm1ss1on to address the
appropriate committees relative to the proposed ag inspector funding legislation. Motion carried.
Commissioner Nelson offered the following and moved its adoption:
Funding For County Agricultural Inspector
Otter Tail County Resolution No. 2000-43
WHEREAS, Minnesota has over 20 million acres of cultivated land and an additional 32 million
acres of other land that are subject to infestation by noxious weeds;
WHEREAS, Minnesota is a leading seed producing state and has been so for many years, with at
least 10,000 retailers in the State handling flower, vegetable, agricultural, and tree and shrub seed;
WHEREAS, each County Board of Commissioners is required in Minnesota Statute 18.80 subd. 1 Q.
to appoint one or more County Agricultural Inspectors to provide regulation of seeds, noxious
weeds, screenings, and to assist in the regulation of pesticides, fertilizers, feeds, and insect pests;
WHEREAS, the regulatory effort by this position provides protective and educational service to the
public and regulated industries with the end result of protecting the public health, the environment,
crops, livestock, other property and consumer;
WHEREAS, the Minnesota Department of Agriculture's Field Surveillance and Investigations
Section under the direction of the Commissioner of Agriculture provides direction for the regulatory
responsibilities assigned to the position of County Agricultural Inspector by Minnesota Statute
18.80 subd. 1;
WHEREAS, the Minnesota Department of Agriculture's Field Surveillance and Investigations
Section has jointly developed "Work Plans" in accordance with Chapter 1505.0754 with each
County Agricultural Inspector specifically stating the minimum number of staff hours needed to
administer Minnesota's Noxious Weeds, Seed, and Screenings Laws and Rules in an effective and
uniform manner;
WHEREAS, Minnesota Rules 1505.0758 Subpart 2, "Reports" states that an annual report must be
submitted to the commissioner summarizing County Agriculture Inspector's activities in the duties
assigned to them and the activities of the local weed inspections reported to them by townships
and municipalities.
THEREFORE BE IT RESOLVED, that the Minnesota Association of County Agricultural Inspectors
(MACAI) seek State legislation to add to Minnesota Statute 18.88 NOXIOUS WEED PROGRAM
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Page 5
FUNDING a subsection establishing in the state treasury an account for funding the County
Agricultural Inspector position; and
THEREFORE BE IT FURTHER RESOLVED, that MACAI seeks State legislation to provide
an annual appropriation to adequately fund this account for distribution by the Commissioner of
Agriculture to reimburse each county that adopts the jointly developed "Work Plan" and submits an
"Annual Report" based on an amount not to exceed 50% of actual program expenditures.
Commissioner Mosher seconded the resolution and, upon being put to vote, was unanimously
adopted.
Adopted this 26th day of September, 2000.
Dated: /0 -.3-..tOo:O
Attest ~ a Larryllfn, Clerk
O~?f _?AIL ~OUNTY BOARD OF COMMISSIONERS
By:~tU?
Vir ia Partmann, County Board Chair
Motion by Mosher, second by Froemming, to acknowledge the plaque received by Tiny Holm for
his biocontrol work given by the Vegetation Management Association of Minnesota (VMAM) and
the Minnesota Association of County Ag Inspectors (MACAI) and to recognize and thank him for
his ag inspector work. Motion carried.
Henning Township Airport Road
Henning Township Board Supervisor, Manley Nichols, explained that the Airport road that
previously was used to service the solid waste transfer site poses some concern with the steep
drop-off near the shoulder of the road. Henning Township has plans to build this up at an
approximate cost of $3,000 to $4,000. He noted that this should have been done before the
transfer station traffic was routed a different way and hoped that the County would consider an
obligation to help fix this road. Discussion followed. Motion by Lee, second by Froemming, to
authorize payment of 50%, not to exceed $2,000, for the Airport Road project as described. This
payment is a one-time expense and no additional funds will be expended for work on this road.
The payment will be paid from the Otter Tail County Enterprise Fund. Motion carried.
Recess and Reconvene
At 12:05 p.m., Chair Partmann declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break and a Personnel Committee meeting. The meeting was
reconvened at 1 :33 p.m.
Commissioner Lee offered the following and moved its adoption:
Relating to Otter Tail County's Tax Rate Authorization for the Year 2001
Otter Tail County Resolution No. 2000-44
WHEREAS, the State of Minnesota has enacted Chapter 243, Law of Minnesota 1999, Article 6,
Section .2, (Codified as Minnesota Statute 275.078) requiring the County Board to adopt and file,
after holding a public hearing, an authorizing resolution if the County's proposed and/or final tax
rate for payable year 2001 will be higher than a theoretical tax rate for payable year 2000; and
OTC Board of Commissioners' Minutes
September 26, 2000
Page 6
WHEREAS, Otter Tail County prides itself on beginning its budget process as early as possible in O
the calendar year in order to maximize input by all concerned parties and to allow full review of all
expenditures items; and
WHEREAS, there are numerous factors that are beyond the control of the Otter Tail County Board
of Commissioners and these factors can potentially cause tax rates to rise, including but not limited
to:
A. Class rate changes by the State on various types of property,
B. The economy and its effect on the tax base, including real estate and new construction
growth or lack thereof,
C. Tax Increment Financing Districts,
D. Limitations on what percentage the market value of certain types of property can rise each
year as established by the State, ·
E. Unfunded mandates upon local governments and reductions of Federal and/or State aid, and
F. Past State imposed levy limitations: and
WHEREAS, because of these outside factors beyond control, Otter Tail County may need to have
a higher proposed and/or final tax rate for payable year 2001, and if the tax rate has to go up, Otter
Tail County wishes to be in compliance with Minnesota Statute 275.078 with an authorizing
resolution adopted and filed; and
WHEREAS, regardless of external factors influencing the tax rate through the years, Otter Tail 1,
County has a strong tradition and a record of success in holding down property taxes for the "-6/
citizens and/or property owners of Otter Tail County; and
WHEREAS, Otter Tail County's property tax levy, when applicable, has been set within the
established levy limitations imposed by the State of Minnesota; and
WHEREAS, even during those years when the State has not enacted levy limitations, Otter Tail
County has been very financially responsible when establishing its net property tax levy thereby
protecting the interest of the citizens and/or property owners of Otter Tail County:
NOW, THEREFORE, BE IT RESOLVED that if the proposed and/or final tax property tax rate of
Otter Tail County for the year 2001 is higher than the property tax rate certified by the County
Auditor under the provision of Minnesota Statute 275.078, the higher tax rate is hereby authorized
by the Otter Tail County Board of Commissioners.
BE IT FURTHER RESOLVED that regardless of the outside factors impacting tax rates, the Otter
Tail County Board of Commissioners remains firmly committed to the delivery of mandated and
other important services to the citizens of Otter Tail County in as an effective and efficient manor
as possible to minimize the impact on the County's portion of the property tax.
BE IT FINALLY RESOLVED that an official copy of this resolution will be filed with the County
Auditor on or before October 20, 2000, who for purposes of this law in Otter Tail County, is the
appropriate filing officer. Q
Commissioner Froemming seconded the resolution and, upon being put to vote, was unanimously
adopted.
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Adopted at Fergus Falls, MN this 26th day of September 26, 2000.
COUNTY BOARD OF COMMISSIONERS
A~est: kn;f ~ · Lari-yKro n, Cerk
ortmann, County Board Chair
Commissioner Nelson offered the following and moved its adoption:
Premise Permit
Otter Tail County Resolution No. 2000-45
WHEREAS, the responsibility for the regulation of lawful gambling .and the issuance of licenses
and permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board;
and
WHEREAS, the Dent Lions Club, Dent, MN, has made an application to the Gambling Control
Board for a premise permit to conduct lawful gambling at Huckleberrys, in Dora Township of Otter
Tail County; and
WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue a
premise_ permit unless they receive a resolution from the Otter Tail County Board of
Commissioners approves the permits; and
WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the
conduct of lawful gambling by the Dent Lions Club, Dent, MN, at Huckleberrys, in Dora Township
of Otter Tail County;
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners
hereby approves the conduct of lawful gambling by Dent Lions Club, Dent, MN, at Huckleberrys, in
Dora Township of Otter Tail County, provided the applicant meets all the necessary criteria for the
licenses and permits as required by the Gambling Control Board.
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the
Township of Dora by sending them a copy of this resolution.
Commissioner Mosher seconded the resolution and, upon being put to vote, was unanimously
adopted.
Adopted this 26th day of September, 2000.
Dated: lb-3 -:l..O&o
AU.st ~ ~
· Larry Kro n, Clerk ·
Partmann, County Board Chair
OTC Board of Commissioners' Minutes
September 26, 2000
Page 8
Public Hearing
Consideration to Enact Amendments to the
Shoreland Management Ordinance
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Bill Kalar, Land and Resource Director, explained that the hearing is a result of the Commissioners'
request last November (1999), for the Planning Commission to review the Shoreland Management
Ordinance. Mr. Kalar provided a handout of potential changes suggested by the Planning
Commission dated September 2000. County Attorney, David Hauser, explained to the audience
that the stricken areas on the handout will be deleted and the underlined words are to be added to
the Shoreland Management Ordinance. Mr. Kalar reported that there were additional potential
changes that were brought to his attention since this handout was prepared. These additional
changes included: 1) Lot width as it applies to back lots. Mr. Kalar reported that an administrative
decision had been made by the Land and Resource Department and the Auditor's office that the
lot width would be interpreted as the line most parallel to the lake. Lot width definition is on page 6
of the current Shoreland Management Ordinance. 2) Recreational camping vehicles are now 81/2
feet in width not 8 feet as defined in the SMO. Our definition states anything that is more than 8
feet is a manufactured home rather than a camper. Definition of a recreational camping unit is on
page 7 of the SMO and the definition of a manufactured home is on page 6. 3)There has been
question as to how much impervious surface can be allowed in a cluster development. Should it
be 50% or should it be 25% as it is for private dwellings? Should it be divided down by tiers?
Chair Partmann opened the public hearing to receive comments from those who were in
attendance. Terry Colten, resort owner, stated that he felt the Commissioners should define
ordinances better before they vote on any changes. Mr. Colten stated that Otter Tail County was
more restrictive than any other county and that it is not economically feasible to try to upgrade the
resort structures as they stand. Mr. Colten felt that resort owners pay a horrendous amount of
taxes and they need to be able to regenerate that income from somewhere. Mr. Colten felt that
what needs to be addressed is what the people want, such as bigger docks and tennis courts. Mr.
Colten felt that Otter Tail County resort owners could not compete with other county resort owners
and are bringing in $100 -$250 less per week than other counties, resulting in less revenue for the
county. Mr. Freeman, property owner, stated that we need to consider our natural resources 50
years and 100 years from now. Mr. Freeman stated that our natural resources are being pushed
to the limit as it is and that we should not let our guard down now.
Hearing no further comments, questions, or concerns, Chair Partmann thanked everyone for their
participation and then closed the hearing. Chair Partmann stated these recommendations would
go back to the Planning Commission for further discussion. County Attorney Hauser stated that
the hearing would need to be continued so that the Planning Commission could meet to discuss
the above-mentioned potential changes at their October 11, 2000 meeting. Chair Partmann stated
that the Commissioners would make their final decision at their October 17, 2000 meeting. Any
amendments would be effective January 1, 2001.
Perham Resource Recovery Facility Discussion
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County Attorney, David Hauser, reported that he had received an email letter from the City Of
Perham. Mr. Hauser provided copies of the letter to those present which included: Glen Melby
and Don Eisenhuth, City of Fergus Falls; and Jim Barlow, Barlow Consulting Group. This letter
was in response to a letter that Mr. Hauser had sent after the September 19, 2000 Board meeting. Q
One of the main concerns for the County was that the City of Perham should assume some of the
risk in the long-term viability of the facility. The County had proposed 33%, the City of Perham
proposed 5% of the risk. Another concern that the County had addressed in its letter was the
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flexibility for waste deliveries. The City of Perham proposed to modify the delivery schedule to a
monthly schedule that would be consistent with the seasonal flow of the counties. At this time
there. is not enough waste to the facility to fill capacity of the facility. Mr. Hauser questioned
whether to sign up without knowing where all the solid waste was coming from and what are the
risks associated with and who shares those risks of coming up with shortfalls. Mr. Hauser had
proposed that we would pay tipping fees based upon tons delivered. The City of Perham proposed
tipping fees based on the whole year's guaranteed amount and divided into a monthly rate. We
would have a fluctuating rate and pay whether we brought waste or if we didn't. Lengthy
discussion followed. Solid Waste Director, Mike Hanan, questioned what the Boards' intent was so
that a contract could be drawn up. Commissioners decided that the City of Perham should take
8% of the debt service risk. Commissioner Mosher pointed out that whatever contract the County
enters into with the City of Perham, it also enters into with the City of Fergus Falls. Regarding the
issue of waste flow, there will be a clause in the contract that states that until all of the counties are
signed up, with the exception of whatever percent we want to leave in for spot market, that there is
no project moved forward or bonds sold. This discussion will be brought back to the October 3,
2000 meeting.
Gift From Andy Lindquist's Family
County Coordinator, Larry Krohn, presented a Terry Redlin print that was a gift to the County from
Andy Lindquist's family. A thank you letter will be sent to the Lindquist's for this gift.
Reclassification of Positions
Larry Krohn, County Coordinator, reported that two positions had been reclassified by DMG. The
Chief Deputy Treasurer was reclassified from a grade 13 to a grade 14. The Deputy Treasurer
was reclassified from a grade 9 to a grade 11.
Motion by Lee, second by Mosher, to accept the reclassifications of the Chief Deputy Treasurer
from a grade 13 to a grade 14 and Deputy Treasurer from a grade 9 to a grade 11. Motion carried.
County Drainage System No. 4
Motion by Froemming, second by Nelson, to proceed with the clean out of Ditch 4, as
recommended by the Drainage Authority. Motioned carried.
Adjournment
At 3:22 p.m., Chair Partmann declared the meeting of the Otter Tail County Board of
Commissioners adjourned until 9:30 a.m. on Tuesday, October 3, 2000.
OUNTY BOARD OF COMMISSIONERS
Attest ~t1 (I!. Lar .rro n, Cerk
Partmann, County Board Chair
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