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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/24/20000 0 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Courthouse Commissioners' Room, Floor 1-8 Tuesday, October 24, 2000 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, October 24, 2000 at 9:31 a.m. at the Otter Tail County Courthouse with Commissioners Roger FroenJming, Chair; Dennis Mosher, Vice-Chair; Malcolm Lee, and Virginia Partmann present. Commissioner Syd Nelson wa,s present at 9:40 a.m. Approval of Agenda Motion by Mosher, second by Partmann, to approve the Human Services Board agenda of .October 24, 2000 as mailed. Motion carried. Approval of Minutes Motion by Lee, second by Mosher, to approve the · Human Services Board minutes of October 10, 2000 as mailed. Motion carried. Retirement Plaque Presentation Chair, Roger Froemming, presented a plaque to Eugene Elshaug for his 28 plus years of service with Otter Tail County as a Chemical Dependency Counselor. Co-workers expressed their sincere gratefulness for having worked with Gene and thanked him for his service in helping clients. Human Services Agency Goals & Objectives Update Human Service's-Director, John Dinsmore, presented the Human Services Agency Goals & Objectives quarterly update (July 1, 2000 lb September 30, 2000). Discussion followed in two specific areas; 1) out-of-home placement and, 2) energy assistance. Human Services Supervisor, Brad Vold, presented information regarding out-of-home placement. He noted that the number of days children are iD out-of-home placement is reducing. Foster care is not permanent according to the state and the philosophy now is to provide permanence in the lives of children. Discussion continued regarding funding. Administrative Assistant, Peggy Meissner, reviewed· the Energy Assistance Program. Requests for energy assistance applications have increased by approximately 40% this year. She explained the 90-day income guidelines to qualify for energy assistance and the back-up assistance matrix, in case heating funds are exhausted. Discussion followed regarding turn around time for applications, posting EAP phone number in senior centers, and crisis situations. Juvenile Accountability Incentive Block Grant (JAIBG) Chuck Kitzman, Court Services Director, informed the board that Otter Tail County has the opportunity to receive a grant of $11,176 under the federal JAIBG program. The grant requires a cash, match and specific ways the money can be spent. Discussion followed. Motion by Partmann, second by Lee, to recommend that Otter Tail County's JAIB grant funds be transferred to the .West _Central Regional Juvenile Center (WCRJC) because they currently have a transition program for juvenile offenders that is used by Otter Tail County. Motion carried. OTC Board of Commissioners' Minutes October 24, 2000 Page 2 Dog Bite Hearings At 10:15 a.m., County Attorney, David Hauser stated that two dog bite hearings will be held pursuant to the Otter Tail County Animal Ordinance. After being duly sworn in by the County Attorney, Public Health Nurse Phyllis Knutson, gave testimony regarding two dog bite incidents on June 9, 1998 and March 2, 2000 involving a dog named Timber owned by Kathy Toso. After being duly sworn in by the County Attorney, Kathy Toso presented a picture of Timber and proof of shot records for the dog. She stated that she didn't know anything about the first dog bite and did not deny that the second bite occurred. Mr. Hauser asked what has been done to keep this from happening again? Ms. Toso responded that the dog is kept in the house and when outside is kept on a coil chain and on a chain when walking the dog. After being duly sworn in by the County Attorney, Mr. Cole (father of the girl bitten on March 2, 2000) stated that Herbert Putnam was a previous owner of the dog and got rid of the dog because he thought the dog was violent. He stated that his daughter was bitten three times in the leg, then the dog got into the car, and Ms. Toso drove off. Ms. Knutson stated that Ms. Toso has agreed to keep the dog in the house with her and when the dog is outside, the dog will be on the cable chain. She felt that this action would protect the public and would be equal treatment relative to similar action in other dog bite cases. Discussion continued. Motion by Nelson, second by Mosher, to order that the dog named Timber owned by Kathy Toso be kept in her house or on a cable leash if outside in her yard for the safety of the public. If anyone sees the dog or the dog is running at-large, the dog would be picked up, a hearing of fact would occur and if found that the dog was at-large, it would be euthanized. Motion carried. The County Attorney will send a written finding of order to Ms. Toso by certified mail. After being duly sworn in for the second dog bite hearing, Ms. Knutson presented a picture (identified as Exhibit 1) showing a bite to the face of a 2 year old girl on August 30, 2000. The dog, Dillon, is owned by Chris and Roxanne Larson and the bite took place at 117 N. Broadway in Fergus Falls. Ms. Knutson stated that this was the first bite but caused substantial bodily injury. After being duly sworn in, Chris Larson showed a picture of his dog, a 3 year old West Highland Terrier, along with information about the breed. Mr. Larson stated that the bite did occur, the 2 year old girl is doing fine now, and he is taking care of all medical bills. Mr. Larson submitted steps he will take to ensure that the dog does not bite again. The steps include that the dog be handled by adults, on a leash when outside, not alone when around strangers, and moved to another residence when other children are at his home. Motion by Partmann, second by Mosher, to approve the steps submitted by Mr. Larson to ensure the safety of the public. Motion carried. The County Attorney will send a written order of findings to Mr. Larson by certified mail. Family Resource Center Family Resource Center Director, Mary Jane Westra, has 8 children, 5 of which are adopted. She is passionate about permanency for children and worried about children put into foster care and moved several times. Even the best foster family is detrimental to children because it is temporary. Ms. Westra's Family Resource Center has obtained a not-for-profit status in July of 2000 and has received licensure to place children in the State of Minnesota. The focus is to prevent foster care drift. The Center will operate under concurrent planning services which is a program to train and recruit foster families to support social service plan to return home to family and respect family origin with the child. Concurrent planning families add a dimension whereby, if a child cannot return home, that family would agree to adopt the child from the beginning. On December 1, 2000 from 8:30 a.m. to 11 :30 a.m. the Family Resource Center will be presenting the "Journey Home", a bus tour depicting a child's life in the Foster Care System. The Permanent Family Resource 0 0 0 OTC Board of Commissioners' Minutes October 24, 2000 Page 3 Center is funded by private and grant resources at this time. The goal is to receive funding from state and county resources. TANF PHN Home Visiting Program Motion by Partmann, second by Nelson, to accept the proposed Temporary Aid for Needy Families (TANF) Public Health Nurse Home Visiting program as presented by the Public Health Director and to authorize the Public Health Director to submit the plan to the Department of Human Services. Motion carried. Class Position Descriptions Motion by Partmann, second by Lee, to authorize the Public Health Director and the Coordinator's Office to submit to DMG information for a class position description for Public Health Nurse and Registered Nurse. Motion carried. Bills & Claims Motion by Lee, second by Mosher, to approve the Human Services bills and claims as presented. Motion carried. Adjournment At 11 :30 a.m., Chairman Froemming declared the meeting of the Otter Tail County Human Services Board adjourned until 9:30 a.m. on Tuesday, November 14, 2000. 0 Dated: ':f)~ , l'4 ;ip;p OTTER TAIL COUNTY HUMAN SERVICES BOARD 0 • Attest·~~~ roemmIng, Human Services Board Chair . Larry Kroh~Cler Call to Order The Otter Tail County Board of Commissioners convened Tuesday, October 24, 2000 at 11 :35 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 Froemming, second by Lee, to approve the County Board agenda of October 24, 2000 with the following additions: Mark Morris -Capital Improvement Committee Meeting at 11 :35 a.m. Motion carried. Approval of Minutes Motion by Nelson, second by Mosher, to approve the County Board minutes of October 17, 2000 as presented. Motion carried. Planning Commission Recommendations Conditional Use Permit -John Moe: Motion by Mosher, second by Froemming, to approve a Conditional Use Permit to install water and sediment control basins on cropland as presented. The property is described as S1/2 of SW1/4 Ex Trs (52.74 Ac) and N1/2 SW1/4 Ex Tr N1/2 SW1/4 (79.84 Ac), Section 10 of Sverdrup Township; Unnamed Lake (56-452), NE. Motion carried. OTC Board of Commissioners' Minutes October 24, 2000 Page 4 Conditional Use Permit-Setran Family Tst: Q Motion by Mosher, second by Nelson, to approve a Conditional Use Permit to install water and sediment control basins on cropland as presented. The property is described as W1/2 NW1/4 Ex Cemetery & Ex 18.11 Ac Tr, Section 20 of St. Olaf Township; Unnamed Lake (56-405), NE. Motion carried. Conditional Use Permit -Larry & Patty Urbach: Motion by Nelson, second by Froemming, to approve a Conditional Use Permit to add an open porch to the southside of the granary and use the granary and porch for an antique business with conditions as recommended by the Planning Commission. The property is described as Pt S1/2 SW1/4 Com SW Cor, Section 21 of Hobart Township; Rose Lake (56-360), RD. Motion carried. Conditional Use Permit -Chris & Kris Roley: Motion by Mosher, second by Lee, to approve a Conditional Use Permit for a driveway from road approach to get to home with conditions as recommended by the Planning Commission. The property is described as Pt. SE1/4 Beg. NE Cor of SE1/4, Section 33 of Eagle lake Township; Unnamed Lake (56-1083), NE: Motion carried. Bois De Sioux Watershed District Chair Partmann appointed Commissioner Mosher to serve on the Bois De Sioux Watershed District Committee. Recess & Reconvene · • . At 12:00 p.m., Chair Partmann recessed the meeting of the Otter Tail County Board of Commissioners for lunch break. The meeting was reconvened at 1: 11 p.m. with all five seated commissioners present. Payment Approval Motion by Lee, second by Mosher, to approve payment to the following vendors: GR Graphics $4,576.31 Office Depot $445.43 Sterling Solutions, Inc. $500.00 Total $5,521.74 Motion carried. Proposed Credit Card Policy Accountant, Mitzi Pederson, presented a draft credit card policy and corresponding procedures for the county. She recommended Wells Fargo's Express ONE MasterCard with charging limits for individuals authorized to use the credit cards. There is a discount period until October 31, 2000 whereby the $10 annual fee per card will be waived. Lengthy discussion followed. Motion by Lee, second by Froemming, to approve the credit card draft policy as presented contingent upon the approval of the County Attorney and a review of the policy in one year. Motion carried. Snowmobile Safety Enforcement Grant Agreement 0 Motion by Mosher, second by Nelson, to authorize the Chair's signature to execute the Snowmobile Safety Enforcement Grant Agreement between the State of Minnesota and.Otter Tail Q County Sheriffs Department which provides $6,585 to the county for snowmobile regulation enforcement. Motion carried. 0 OTC Board of Commissioners' Minutes October 24, 2000 Page 5 Perham Resource Recovery Facility · Solid Waste Director, Mike Hanan, reported that he attended the Perham City Council meeting last Tuesday and discussed the Resource Recovery Facility contract as it existed at the time. Other Solid Waste Joint Powers counties met in Long Prairie and discussed the contract. He provided a handout dated October 24, 2000 to review four contract issues and the understanding of these issues to date. 1) Percentage of Risk: a) Uncontrollable Circumstances: Under situations classified as uncontrollable circumstances in the agreement, the City of Perham would retain 8% of the total risk. All other entities would divide the remaining 92% of all risk by the county's pro rata share. b) City Default: Chair Partmann questioned how we control the waste stream that comes into Otter Tail County since the City of Perham will own and operate the facility. Her specific concern was mercury in the waste stream. Ron Barmore of the Barlow Group, noted that as the operator, they have a strict permit limit that is a standard that must be met as far as testing is concerned. The Barlow Group guarantees meeting the permit limits, one of those limits. includes mercury. The facility is designed to meet the new standards. If the facility fails, the operator must do whatever it takes to meet those regulations. · If future regulations cause the facility to fail testing; that is an uncontrollable circumstance. Mr. Barmore invited commissioners to visit the Pope/Douglas incinerator that is testing excellent for future emission control regulations. Commissioner Mosher questioned whether the citizens of the City of Perham need to vote on this issue, as the City will incur a substantial debt. Discussion continued. Motion by Nelson, second by Froemming, to approve the following County Alternative Contract language: "In an event of default by the City in which the City Council takes an action .to discontinue the combusting of Acceptable Waste at the Facility at any time during the Term of this Agreement and for whatever reason other than an Uncontrollable Circumstance or continuous incurable operations and testing of the Facility that exceed established state or federal environmental health or safety regulations, the City shall relieve the County and Counties of all liability including Debt Service Payment (other than any accrued payment obligations) in an instrument of release satisfactory to the County and Counties. Chair Partmann called for a roll call vote: · District 3 Commissioner -Mosher District 1 Commissioner Nelson District 4 Commissioner Froemming District 2 Commissioner Lee District 5 Commissioner Partmann Motion passed 3-2. Yea Yea Yea · Nay Nay 0 2) Limit to Damages: Lengthy discussion took place regarding limit to damages. The City of Perham and the Barlow Group are limited to $100,000 in damages. The County Attorney stated that the County should have a limit to damages as well. Bob Louiseau, Perham City Administrator, provided a memo and handout showing the tax consequences faced by the City of Perham residences if the project was terminated. He noted that the project is very important OTC Board of Commissioners' Minutes October 24, 2000 Page 6 and the City Council honestly feels that this is the best technology available at this time and Q that burying garbage is not the right thing to do. Because it appears that the most likely damage that could occur would be if the facility did not accept and process the County's waste, Mr. Hanan recommended that language be included in the contract to allow the County to compel the City to remove the operator if they failed in their duty to dispose of 36,000 tons per year. Motion by Nelson, second by Froemming, to approve the "Limit to Damages" language as it currently exists with additional language that the County of Otter Tail can compel the City of Perham to remove the operator after 2 years if the operator fails to process 36,000 tons of waste per year. Motion carried with Partmann opposed. 3) Waste Delivery -Payment: The current proposed contract language does establish a $49 per ton tipping fee to be paid for each ton of waste delivered to the facility rather than a flat fee per month regardless of how many tons are delivered. The new language does utilize the Operating Reserve Fund to smooth out monthly fluctuations in revenue from tipping fees. 4) Merchant Capacity: The current contract language.provides that if "spot market" waste remains unused, the counties shall pay for such capacity out of the Operating Reserve Fund. The City of Perham would like to contract at 92% of the 36,000 tons for the first year. Mr. Hanan does not recommend taking the risk for the "spot market" waste. He would be happy to assist in finding the extra garbage, but feels the City of Perham as owners of the incinerator need to take that risk and not pass that on to the counties. Motion by Nelson, second by Froemming, to accept Mr. ,Hanan's recommendation not to accept the liability of the "spot market" waste. Motion carried. Reclassification Motion by Lee, second by Mosher, to accept a reclassification for Office Support Supervisor in the Assessor's office from a DMG compensation grade 13 to grade 14 as recommended. Motion carried. CSAH No. 4 Right-of,Way Settlement Commissioners accepted the County Attorney's report that the CSAH No. 4 right-of-way purchase of a tract owned by Judith Corona, John Armstrong, and Mary Armstrong was settled at $2,700. Adjournment At 3:35 p.m., Chair Partmann declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, November 7, 2000 with a reminder that the County Board does not meet October 31"\ 2000. Dated: ':1) ~ ""{ ;,tm-rl CB/kd 0 0