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Home My WebLink AboutBoard of Commissioners - Minutes - 08/24/2004• MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center -500 Fir Ave W . Tuesday;August24,2004 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, August 24, 2004, at 9:30 a.m. at the Otter Tail County Government Services Center with Commissioners Syd Nelson, Chair; Bob Block, Vice-Chair; Dennis Mosher, Roger Froemming, and Malcolm Lee present. Approval of Agenda Motion by Lee, second by Block, and unanimously carried to approve the Human Services agenda of August 24, 2004, as mailed. Approval of Minutes Motion by Froemming, second by Lee, and unanimously carried to approve the Human Services Board minutes of.,A._ugust 10, 2004, as mailed. Approval to Fill Clerical Position d Public Health Director, Diane Thorson, reported that one of the clerical positions in the Public Health Department will soon be vacant and.she requested approval to fill the clerical position at 40 hours per week rather than the current 30 hours per week. Discussion followed regarding the need to fill some of the lost clerical hours and because the Associate. Director position has not been filled, the 2005 budget objective should still be met. Motion by Mosher, second by Froemming and unanimously carried to authorize the vacated-30 hour per week clerical position to be filled as a 40 hour per week clerical position. , • · Contract Approvals Motion by Lee, second by Mosher, and unanimously carried to authorize the Chairman's signature to execute the following Human Services contracts for the period of July 1, 2004 through December 31, 2004: · Prairie Community Resources-Ironwood Lutheran Social Service of Minnesota Adult Mental Health Services -Residential Services/Homes Plus/Adult · Foster Care services to eligible persons receiving AC/EW/CADl/or TBI services with emphasis. to persons who have experienced serious and persistent mental illness. Family Based Services (FBS) including Crisis FBS and Brief FBS, Family Resource Services and Professional Home-Based. Projects of Regional Significance -CCSA Human Services Director, John Dinsmore, presented a handout from the Department of Human Services and reported on Projects of Regional Significance under the Children and ,r---._ Community Services Act. MACSSA will be responding to this request for information to develop a Request for Proposal. Grant funding from reduced CCSA funds will be available for regional projects. The Recorder's System would be on-line for subscribers to pay for access to certain documents. Motion by Mosher, second by Lee, and unanimously carried to authorize the ACS Web Portal as recommended by MIS Director, Tim Brand, at a cost of $8,000 for initial set-up and $400 per month. • Dated: __ 9,.L./'-"-tJ'-'''-I-P=o_,_i __ _ CB/kd • • OTC Board of Commissioners' Minutes August 24, 2004 Page 7 F COMMISSIONERS OTTE By:~L..e'.'.!4f]l~4...!_j~~~==----- • dtter Tail County Warrants August 24, 2004 Page 1, Attachment A 8/24/2004 11:59:27 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 1 • • WARRANTS APPROVED ON 8/24/2004 FOR PAYMENT VENDOR NAME A-1 LOCK AND KEY AGGREGATE INDUSTRIES INC ARK & SPARK BATTLE LAKE STANDARD BATTLE LAKE TOWING BEYER BODY SHOP INC BOB'S STANDARD BULK SERVICE BRANDT LAW OFFICE CARQUEST AUTO PARTS CARR'S TREE SERVICE CHECKERS COMSTOCK CONSTRUCTION INC COOPERS TECHNOLOGY GROUP CRONATRON WELDING SYSTEMS INC DACOTAH PAPER COMPANY DENZEL'$ REGION WASTE INC DIVERSION AUTO MELANIE DUENOW-RYAN ECOLAB CHUCK EHRENBERG ELLENSON CAULKING CO ELLINGSON-BRENDEN AMER LEGION ~M~7§8a~1kf~0p~~~SINC • FERGUS ELECTRIC . FERGUS FALLS MEDICAL GROUP FERGUS FALLS NEWSPAPERS INC FERGUS FALLS POLICE DEPT FERGUS FALLS SMALL ENGINE & TR FERRELLGAS FOTH & VAN DYKE ROGER FROEMMING GALL'S INC GODFATHERS EXTERMINATING INC GOPHER STATE ONE CALL GR GRAPHICS INC ST 'LOUIS GRAINGER INC ERVIN HAGEN HEDAHLS HEADQUARTERS HENRY'S FOODS INC HITESMAN & ASSOCIATES PA HOBART SALES & SERVICE TERRY HOFF . , INSIGHT PUBLIC SECTOR JJ'S GAS AND GROCERIES DEAN JOHNSON JOHNSTON FARGO CULVERT INC KELLY SERVICES INC KERN & TABERY INC AMOUNT 321.96 626.22 59.32 125.00 204.56 69.23 88.55 902.58 60.26 75.25 10.92 473.50 321.72 158.37 576.72 168.48 197.11 39.00 102.Q6 53. 9,8 176.00 100. o:o 50. 010 172.11 1,436.61 113. o~o 3,730.218 338. 8·3 19. 2:4 56. 7•1 5,279. 5,1 57. 3;0 44. 2,0 305. 6,6 10.35 217.6:4 29.98 38.19 154 .16 519.75 100.00 ·177.20 41.8j7 4,409.10 131.00 182.45 646.67 1,427.41 21,818.40 8/24/2004 • · Otter Tail County Warrants August 24, 2004 Page 3, Attachment A 8/24/2004 11:59:27 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 3 **** • • WARRANTS APPROVED ON 8/24/2004 FOR PAYMENT 8/24/2004 VENDOR NAME UNIVERSITY OF MN UNIVERSITY OF MN PRINTING SERV UNIVERSITY OF MN-EXTENSION SER VIKING OFFICE PRODUCTS VOSS LIGHTING WALTERS PHOTOGRAPHY FINAL TOTAL ...... . AMOUNT 13,422.00 252.25 225.30 78.12 340.59 84.56 $135,531.32 **** • • • OTTER TAIL COUNTY ORDINANCE Otter Tail County Board Minutes August 24, 2004 Attachment B CLEANUP OF CLANDESTINE DRUG LAB SITES ORDINANCE ARTICLE I. GENERAL PROVISIONS SECTION 1.10 SECTION 1.20 SECTION 1.30 SECTION 1.40 SECTION 1.50 SECTION 1.60 SECTION 1.70 TITLE AND STATUTORY AUTHORITY PURPOSE JURISDICTION INTERPRETATION AND APPLICATION DISCLAIMER OF LIABILITY FEES DEFINITIONS, RULES, AND WORD USAGE ARTICLE II. ADMINISTRATION SECTION 2.00 DECLARATION OF SITE AS A CHEMICAL INVESTIGATION SITE PUBLIC HEAL TH NUISANCE SECTION 2.10 MEDICAL GUIDELINES FOR ASSESSING HEALTH STATUS OF EXPOSED PERSONS SECTION 2.20 LAW ENFORCEMENT NOTICE TO AFFECTED PUBLIC, PUBLIC HEAL TH, AND CHILD PROTECTION AUTHORITIES SECTION 2.30 NOTICE OF CHEMICAL INVESTIGATION SITE PUBLIC HEALTH NUISANCE TO OWNER AND OCCUPANT SECTION 2.40 NOTICE FILED WITH PROPERTY RECORD AND/OR MOTOR VEHICLE RECORD SECTION 2.50 PROPERTY OWNER'S AND OCCUPANT'S RESPONSIBILITY TO ACT SECTION 2.60 PROPERTY OWNER'S RESPONSIBILITY FOR COSTS AND OPPORTUNITY FOR RECOVERY SECTION 2. 70 SPECIAL ASSESSMENT TO RECOVER PUBLIC COSTS SECTION 2.80 AUTHORITY TO MODIFY OR REMOVE DECLARATION OF CHEMICAL INVESTIGATION SITE PUBLIC HEALTH NUISANCE SECTION 2.90 WASTE GENERATED FROM CLEANING UP A CLANDESTINE DRUG LAB ARTICLE Ill. EXCEPTIONS AND APPEALS SECTION 3.10 EXCEPTIONS, APPEALS, AND PENALTIES SECTION 3.20 SEVERABILITY AND SAVINGS CLAUSE ARTICLE IV. EFFECTIVE DATE ordinance statute, resolution, or regulation,_of any kind, the regulations which are more restrictive 'or which impose higher 'standard!{cir requirements shall apply. • SECTION 1.50 Disclaimer Of Liability • • Liability on the part of, or a cause of action against, Otter Tail County or any employee or agent thereof for any damages that may result from reliance on this ordinance shall be eliminated or limited as provided by Minn. Stat. §466.02. SECTION 1.60 Fees Fees for the administration of this ordinance may be established and amended periodically by resolution of the Otter Tail County Human Services Board. SECTION 1. 70 Definitions. Rules. and Word Usage For the purpose of this ordinance. the following terms or words shall be interpreted as follows: 1. 71 Child means any person less than 18 years of age. 1. 72 Chemical investigation site means a clandestine drug lab site that is under notice and order for cleanup and/or remediation as a public health nuisance, as authorized by Minnesota Statute Chapter 145A, and this ordinance. 1. 73 Clandestine drug lab operation means the unlawful manufacture or attempt to manufacture a controlled substance within any area of a structure such as a dwelling, building, motor vehicle, camper, boat, or other structure occupied or affected by conditions and/or chemicals, typically associated with a clandestine drug lab operation. 1.74 Clandestine drug lab site means any parts of a structure such as a dwelling, building, motor vehicle, camper, boat or other structure where people reside or are affected by conditions and/or chemicals, typically associated with a clandestine drug lab operation. 1. 75 Cleanup means proper removal and/or containment of substances hazardous to humans at a chemical investigation site. Cleanup is a part of remediation. 1. 76 Controlled substance means a drug, substance or immediate precursor in Schedules I through V of Minnesota Statute§ 152.02, as amended in the future. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors, or tobacco. 1. 77 Owner means any person, firm, or corporation who owns, in whole or in part, the land and/or structures such as buildings, motor vehicle, trailer, boat or structure at the clandestine drug lab site. 1.78 Public Health Nuisance shall have the meaning attributed to it in Minnesota Statutes § 145A.02, Subd. 17. 1. 79 Public Health Authority means the Public Health Director and the Public Health Associate Director, or their designees within the Public Health Department, who are authorized to act as agents of the Otter Tail County Human Services Board, in their role as the Community Health Board, pursuant to the Local Public Health Act, Minnesota Statutes § 145.04 to145A.13. 1.80 Remediation means methods such as assessment, evaluation, testing, venting, detergent scrubbing, enclosure, encapsulation, demolition, and/or removal of contaminated materials from a chemical investigation site. 3 \\lec\sys\users\lkrohn\policies\methamphetamine ordinance 08 of 2004.doc • • • ..... ,1 \\~ SECTION 2.30 Notice of Chemical Investigation S[te Public Health Nuisance to Owner and Occupant 2. 31 After the Public Health Authority receives notice from a law enforcement agency that they've identified a clandestine drug lab site and posted the appropriate Chemical Investigation Site Public Health Nuisance warning sign, the Public Health Authority shall serve the known lawful occupants and owners of the site pursuant to Minnesota Statute § 145A.04, Subd. B(b) with notice of their responsibilities relative to the chemical investigation site public health nuisance. 2.32 The Public Health Authority shall notify and order the property owner of record and known occupant or agent to have the public health nuisance removed or abated within 1 O days as provided in Minnesota Statute § 145A.04 and this ordinance. The Public Health Authority notice and order shall include the following: a) A replica of the Chemical Investigation Site Public Health Nuisance declaration that is posted at the site's entrance(s). b) Information about the potentially hazardous condition of the chemical investigation site. c) A summary of the property owner's and occupant's responsibilities under this ordinance. d) Information on locating professional services necessary to remove and abate the chemical investigation site public health nuisance status as provided in this Ordinance and Minnesota Statute § 145A.04. 2.33 The Public Health Authority may provide information about the Chemical Investigation Site Public Health Nuisance declaration and potential hazard(s) to the following additional concerned parties: a) Neighbors within close proximity that can be reasonably affected by the conditions found; b) The local municipal clerk; c) Local law enforcement; d) Other state and local authorities, such as the Minnesota Pollution Control Agency and Minnesota Department of Health, that may have public and environmental protection responsibilities at the site. SECTION 2.40 Notice Filed with Property Record and/or Motor Vehicle Record 2.41 If after 10 days notice and order, Public Health Authority is unable to obtain any reasonable assurance or plan from the property owner or occupant that the structure is being properly vacated, cleaned, remediated and tested, Public Health may provide a copy of the Chemical Investigation Site Public Health Nuisance notice and order to the County Recorder and to the lien and mortgage holders of the affected structure and/or properties. The County Recorder is authorized to file that information with the property record, to notify other persons with interest in the property about the property's chemical investigation site public health nuisance status. 2.42 When the affected property is a motor vehicle, boat, or camper, Public Healthmay notify the appropriate State and local agency that maintains motor vehicle, boat, or camper records, and the holders of liens or security interests against the vehicle or camper. SECTION 2.50 Property Owner's and Occupant's Responsibility to Act 2.51 Property owner(s) and occupant(s) provided with a notice, which also includes the posted warning sign informing them about the chemical investigation site public health nuisance, shall promptly act to vacate occupants from those parts of a structure that are a chemical 5 \\lec\sys\users\lkrohn\policies\methamphetamine ordinance 08 of2004.doc • • • 2.62 Nothing in this ordinance is intended to limit the property owners, agents, occupants, or the County's right to recover costs or damage~. from persons contributing to the public health nuisance, such as the operators of the clandestine drug lab and/or other lawful sources. 2.63 The County's administrative and enforcement services, referenced in subsection 2.61, include but are not limited to, the following: a) Posting warning notices or signs at the site, b) Notification of affected parties, c) Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site; d) Expenses related to the recovery of costs, including the assessment process; e) Laboratory fees; f) Clean-up services; g) Administrative fees; and h) Other associated costs. SECTION 2.70 Special Assessment to Recover Public Costs 2.71 The County is authorized under Minnesota Statute§ 145A.04, Subd. 8(c) to proceed within ten business days of service of a notice for abatement or removal of the Public Health Nuisance to initiate the assessment and cleanup when a) the property owner is not located, or b) the Public Health Authority determines that the owner refuses to, or cannot pay the costs, or arrange timely assessment and cleanup that is acceptable to the designated Public Health Authority. 2. 72 The Public Health Authority shall be fully authorized to act, consistent with Minnesota Law, on behalf of the County to direct funds to assure prompt remediation of chemical investigation sites. 2. 73 When the estimated cost of testing, cleanup, and remediation exceeds seventy-five percent of the County Assessor's market value of the structure and land, the Public Health Authority is authorized to notify the property owner of the county's intent to remove and dispose of the affected real property instead of proceeding with cleaning and remediation. 2.74 The property owner shall be responsible for all costs, including those of the County, incurred to abate the public health nuisance, including contractor's fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dump site clean-up. The County's costs may also include, but shall not be limited to those set forth in Section 2.63. Fees and costs specified above that are not paid for in any other way may be collected through a special assessment on the property as allowed by Minnesota Statute§ 145A.08; or by any other applicable Federal, State, and County Laws, Ordinances, and/or applicable County Board Resolution. 2. 75 Payment on the special assessment, shall be at the annual rate of at least One Thousand Dollars ($1000) or more as needed to assure full payment to the County within ten (10) years. This amount shall be collected at the time real estate taxes are due. The amount due and/or payment rate may be adjusted by action of the Otter Tail County Human Services Board. 2. 76 The County may also seek recovery of costs through other methods allowed by Federal or State law. 7 \\lec\sys\users\lkrohn\policies\methamphctamine ordinance 08 of2004.doc