Loading...
HomeMy WebLinkAboutBoard of Commissioners - Minutes - 01/30/2007MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 Fir Avenue W., Fergus Falls, MN Tuesday, January 30, 2007 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners Convened Tuesday, January 30, 2007, at 9:31 a.m. at the Otter Tail County Government Services Center with Commissioners Dennis Mosher, Chair; Syd Nelson, Vice-Chair; Bob Block, Roger Froemming, and Everett Erickson present. Approval of Agenda Motion by Froemming, second by Block, and unanimously carried to approve the County Board Agenda of January 30, 2007 with the following addition: Add to Sheriff's Agenda -Request for Approval of ICWC & STS Agreements Approval of Minutes Motion by Nelson, second by Froemming, and unanimously carried to approve the County Board Minutes of January 23, 2007, as presented. Approval to Pay Bills Motion by Block, second by Erickson, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Request for New Part-time Clerical Position Motion by Nelson, second by Block, and unanimously carried to approve advertising and hiring for a Part-time Clerical Position in the Veterans Service Office in New York Mills. Federal Entitlement Benefits for Inmates Motion by Nelson, second by Erickson and unanimously carried to approve a draft resolution urging congress to amend the federal statutes to allow payment for medical benefit entitlements for inmates. Resolution Loss of Federal Entitlement Benefits Otter Tail County Resolution No. 2007 -06 Commissioner Nelson offered the following and moved its adoption: WHEREAS, U.S. Code of Federal Regulations, Title 42, Part 435.1008 states that federal financial participation (FFP) is not available in expenditures for services provided to individuals who are inmates of public institutions, and WHEREAS, States being unable to assume the federal share of providing medical services to FFP eligible persons being held in county jails and detention facilities, tend to terminate or sometimes suspend eligibility, and WHEREAS, this immediate cessation of benefits occurs prior to the issuance of formal charges or conviction, and OTC Board of Commissioners' Minutes January 30, 2007 Page 2 WHEREAS, counties must provide medical services to all persons incarcerated in local jails and detention facilities, and WHEREAS, as the result of this regulation to immediately cease FFP for medical benefits, all costs of medical care must be borne solely by counties; NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners requests and strongly urges Congress to amend necessary federal statutes to allow federal financial participation for medical benefits to incarcerated individuals until convicted and sentenced to secure detention. Commissioner Froemming seconded the motion, and upon being put to vote, was unanimously carried. Adopted this 30th day of January, 2007 Dated: ,:;,<-()(, -0] Attest ~ ~ LarryKrhn, erk OTTER TAl~UNTY BOA:DzO~MISSIONERS By: ~,(d;:(/2 Dennis R. Mosher, Board of Commissioners Chair Request to Hire Additional Part-time Corrections Officers Motion by Froemming, second by Erickson and unanimously carried to hire up to three additional part-time Corrections Officers. Sentence To Service (STS) Program Agreement Motion by Froemming, second by Erickson and unanimously carried to approve a two year agreement for FY 2008/2009 between the State of Minnesota and Otter Tail County for the Sentence to Serve Program. Institutional Community Work Crew (ICWC) Motion by Erickson, second by Block and unanimously carried to authorize a two year agreement with the State of Minnesota for FY 2008/2009 for the ICWC program. RESOLUTION Resolution to Modify an Existing Job Opportunity Building Zone City of Pelican Rapids Otter Tail County Resolution No. 2007 -07 Commissioner Erickson offered the following and moved its adoption: WHEREAS, the City of Pelican Rapids has a desire to promote economic development within the city boundaries, and WHEREAS,· the State of Minnesota through the Minnesota Department of Employment and Economic Development has created the Job Opportunity Building Zones to promote economic development in rural Minnesota, and WHEREAS, the City of Pelican Rapids has been authorized a total of 88.30 acres of JOBZ designation, and OTC Board of Commissioners' Minutes January 30, 2007 Page 3 WHEREAS, the City of Pelican Rapids has been approached by 2 manufacturing concerns that are interested in locating facilities and creating employment opportunities within the City on sites which are not included in a JOBZ Sub-zone, and WHEREAS, the 2 manufacturing concerns desire to establish their facilities within a JOBZ Sub-zone in order to receive JOBZ program benefits, and WHEREAS, the State of Minnesota allows JOBZ designation to be transferred to undesignated parcels, and WHEREAS, the City of Pelican Rapids, upon careful consideration and review, desires to modify the existing JOBZ Sub-zones as follows: removing 2.69 acres of JOBZ designation from east end of Sub-zone C; and adding 2.69 acres of JOBZ designation to Sub-zone A. Specifically, the addition to Sub-zone A will consist of adding the parcels listed below: Owner/Developer Location Parcel number Current Size zonin!I Acre 1 BTD Corp. Industrial Park, Block 1, Lot 1 76000990849000 Industrial ·.71 acre 2 City of Pelican Rapids Industrial Park, Block 1, Lot 4 76000990852000 Industrial .52 acre 3 City of Pelican Rapids Industrial Park, Block 1, Lot 5 76000990853000 Industrial .52 acre 4 City of Pelican Rapids Industrial Park, Block 1, Lot 6 76000990854000 Industrial .47 acre 5 Citv of Pelican Ranids Industrial Park, Block 1, Lot 7 76000990855000 Industrial .47 acre NOW, THEREFORE, BE IT RESOLVED, the Otter Tail County Commission, at a regularly scheduled meeting and, upon careful consideration and review, hereby approves the JOBZ acreage modifications as proposed by the City of Pelican Rapids. BE IT FURTHER RESOLVED, the Otter Tail County Commission agrees to provide all of the local tax exemptions and credits required and provided for under the Job Opportunity Building Zones (JOBZ) legislation and agrees to forego the tax benefits resulting from the local and state tax exemptions and credits provided by said legislation. Commissioner Block seconded the motion, and upon being put to vote, was unanimously carried Adopted and signed on this 30th day of January 2007. Dated: c:! -O&i -91 Attest ~til?-LarryKr n,lerk Dennis R. Mosher, Board of Commissioners Chair RESOLUTION Resolution to Modify an Existing Job Opportunity Building Zone City of Pelican Rapids Otter Tail County Resolution No. 2007 -08 Commissioner Erickson offered the following and moved its adoption: WHEREAS, the City of Pelican Rapids has a desire to promote economic development within the city boundaries, and OTC Board of Commissioners' Minutes January 30, 2007 Page 4 WHEREAS, the State of Minnesota through the Minnesota Department of Employment and Economic Development has created the Job Opportunity Building Zones to promote economic development in rural Minnesota, and WHEREAS, the City of Pelican Rapids has been authorized a total of 88.30 acres of JOBZ designation, and WHEREAS, the City of Pelican Rapids has been approached by an existing food processing concerns that is interested in expanding its facility and creating employment opportunities within the City on sites which are not included in a JOBZ Sub-zone, and WHEREAS, the food processing concern desires to expand its facility within a JOBZ Sub- zone in order to receive JOBZ program benefits, and WHEREAS, the State of Minnesota allows JOBZ designation to be transferred to undesignated parcels, and WHEREAS, the City of Pelican Rapids, upon careful consideration and review, desires to modify the existing JOBZ Sub-zones as follows: removing 5.61 acres of JOBZ designation from Sub-zone C which will decertify this Sub-zone; and certifying a new Sub-zone D by adding 5.61 acres of JOBZ designation to the property owned by Jennie O Foods. Specifically, the certification of Sub-zone D will consist of adding the parcels listed below: Owner Location Parcel Number Current Zonina 1 Jennie O Foods, Inc. West Central Turkevs Plant 76000220011002 Industrial 2 Jennie O Foods, Inc. West Central Turkevs Plant 76000220013000 Industrial 3 Jennie O Foods, Inc. West Central Turkevs Plant 76000220013001 Industrial 4 Jennie O Foods, Inc. West Central Turkevs Plant 76000220013002 Industrial 5 Jennie O Foods, Inc. West Central Turkevs Plant 76000990658000 Industrial 6 Jennie O Foods, Inc. West Central Turkevs Plant 76000990659000 Industrial NOW, THEREFORE, BE IT RESOLVED, the Otter Tail County Commission, at a regularly scheduled meeting and, upon careful consideration and review, hereby approves the JOBZ acreage modifications as proposed by the City of Pelican Rapids. BE IT FURTHER RESOLVED, the Otter Tail County Commission agrees to provide all of the local tax exemptions and credits required and provided for under the Job Opportunity Building Zones (JOBZ) legislation and agrees to forego the tax benefits resulting from the local and state tax exemptions and credits provided by said legislation. Commissioner Block seconded the motion, and upon being put to vote, was unanimously carried. Adopted and signed on this 30th day of January 2007. Dated: c1-0~ -ofJ OTT~NTY '2,OF COMMISSIONERS By: ~ Dennis R. Mosher, Board of Commissioners Chair OTC Board of Commissioners' Minutes January 30, 2007 Page 5 4-H Update Regional Extension Educator, Donna Geiser updated the County Board on 4-H. Current projects include Learning about Fleece (a lesson in recycling), fitness challenge to kids, and after school programs. Ms. Geiser's handout indicated total County 4-H enrollment at 1,264, very near its all-time high. Ms. Geiser thanked the Board for support of the Extension Service. Request for a Moratorium on Cluster Developments on Dead Lake Dead Lake Association (DLA) Representatives, Terry Sullivan, Don Fendrick, and Bob Deutschman presented a draft resolution which would implement a one year moratorium on cluster developments and subdivisions greater than 10 units or lots, within the Shoreland areas of natural environment lakes exceeding 5,000 acres in size. They explained that the period of moratorium would be used to develop a Lake Management Plan and/or Surface Water Use Ordinance for Dead Lake. Blue Heron Bay Attorney, Bob Russell, discussed their position regarding the moratorium and encouraged moving forward to cease potential legal action relative to Blue Heron Bay's Conditional Use Permit. Land & Resource Director, Bill Kalar, stated that a Lake Management Plan is generally a process through which lake associations, in conjunction with the DNR, develop a plan for their lake. There is no regulatory authority in a Lake Management Plan; it is a plan that can be used to make future decisions. Part of a Lake Management Plan could be a Surface Water Use Ordinance, which would give the County regulatory and enforcement authority. Mr. Kalar provided an example of Indian Lake where a Surface Water Use Ordinance was adopted to limit motors to electric motors only. County Attorney, David Hauser, informed the Board that a moratorium can be implemented when planning to amend an ordinance or change zoning in some manner. Moratoriums are subject to challenge and are not required on potential review of a zoning system. Mr. Hauser discussed several other concerns relative to language in the draft resolution. Discussion continued regarding the potential need for a public meeting on the moratorium issue, additional workload for the Land & Resource Office, and the fact that studies could move forward without a moratorium. Motion by Erickson, second by Froemming, to deny the proposed Moratorium for the Creation of Cluster Developments & Subdivisions as presented by the DLA, and to encourage the DLA to further study the need for a Lake Water Management plan and other zoning studies for natural environment lakes over 5,000 acres in size, with a proposed time frame for completion to be November 1, 2007. Motion carried unanimously. Approval of County Credit Card Motion by Nelson, second by Erickson, and unanimously carried to approve an Otter Tail County Credit Card for Assistant County Attorney, Chris A. Stuber, at a $1,000.00 limit. Approval of Capital Expenditure Fund Payments Motion by Block, second by Erickson, and unanimously carried to approve payments from the Capital Expenditure Fund: the following Midwest Testing Laboratory, Inc. Ottertail Operations Center Shultz & Associates Project 0603 Ottertail Operations Center Shultz & Associates Project 0536 OTC Study Retainer RESOLUTION $4,300.00 13,950.00 480.00 Joint Powers Agreement between Otter Tail County and the MN DNR Central Lakes Trail Maintenance Otter Tail County Resolution No. 2007 -09 Commissioner Mosher offered the following and moved its adoption: OTC Board of Commissioners' Minutes January 30, 2007 Page 6 WHEREAS, pursuant to Minnesota Statutes 84.026 and 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary and the State is in need of routine maintenance services on the Central Lakes Trail in Otter Tail County, AND WHEREAS, Otter Tail County is agreeable to provide the routine maintenance services as described in the Joint Powers Agreement for an annual rate of $1,100.00 per mile. BE IT RESOLVED, that Otter Tail Co7nty will provide the maintenance services as per the Joint Powers Agreement expiring June 30, 2007, at the annual rate of $1,100.00 per mile on the Central Lakes Trail. BE IT FURTHER RESOLVED, the County Board Chair and the County Board Clerk are hereby authorized and directed for and on behalf of the County of Otter Tail to execute and enter into an agreement with the MN Commissioner of Natural Resources prescribing the terms and conditions of same Joint Powers Agreement for the routine maintenance of the Central Lakes Trail expiring June 30, 2007. Commissioner Froemming seconded the motion, and upon being put to vote, was unanimously carried. Adopted this 30 th day of January, 2007 Dated: rJ-o(;-()f) Attest t~~ Larry Kr n,ierk OTTkUN~2 COMMISSIONERS By: ,,r.: Dennis R. Mosher,BoardofCommissioners Chair Final Payment-S.A.P. 56-611-15 Motion by Mosher, second by Erickson, and unanimously carried to approve Final Payment, per Estimate No. 3, in the amount of $82,139.93, payable to the Wilkin County Highway Department for completion of aggregate work for S.A.P. 56-611-15. Recess & Reconvene At 11:15 a.m., Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 11 :21 a.m. Proposed Chemical Dependency Treatment Facility Update Attorney, Kent Mattson, briefed the Board on the proposed location of the State CD Treatment Facility. The current proposed location is near the Bigwood Events Center across from the West Central Initiative building. He stated that the price has not been fixed for this tract, soil testing needs to be completed, wetland issues must be considered, and total costs must be in-line with the project budget. The County would finance this project with the State reimbursing the County for all costs with pay-off in fifteen years. Discussion took place regarding County risk and agreements that would be required. By consensus, the Board agreed that the County should move forward with earnest money to purchase the tract of land as described by Mr. Mattson and develop a corresponding lease agreement. Closed to the Public OTC Board of Commissioners' Minutes January 30, 2007 Page 7 At 11 :46 a.m., Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners closed to the public for the purpose of evaluating the performance of Human Services Director, John Dinsmore, pursuant to M.S. Chapter 13D.05 Subd. 3. All five seated commissioners were present for the evaluation. A summary of performance conclusions will be provided at the next regular County Board meeting. Recess & Reconvene Upon conclusion of the Performance Evaluation, at 12:05 p.m., Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break and committee meetings. The meeting was reconvened in open session at 1 :39 p.m. Rental Property Discussion Physical Plant Manager, Rick Sytsma, reported that he has been contacted by a business interested in renting some space at the County-owned building on Cavour Avenue. Lengthy discussion took place regarding the space available, the cost to reconfigure the space specific for the tenant, and other future County uses for the building. Consensus of the Board was not to rent the available space at the Cavour Avenue building unless it could be rented in its present condition/configuration on a month-to-month basis, with no remodeling expenses for the County. Closed to the Public At 1 :50 p.m., Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners closed to the public for purposes of discussing labor negotiation strategies relative to the Collective Bargaining Unit that includes the Treasurer, Assessor, Recorder, Auditor and Land & Resource offices, and the Collective Bargaining Unit for the Building Maintenance Group. Present were all five seated Commissioners (with Commissioner Block absent at 2:30 p.m.}, the County Attorney, County Coordinator, Recording Secretary, Backup Recording Secretary, Treasurer, Auditor, Assessor, Land & Resource Director and Physical Plant Manager. Adjournment Upon conclusion of the closed session at 2:48 p.m., Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, February 6, 2007. Dated: ~ -O't-07 CB/kd ::T~N4~0MMISSIONERS Dennis R. Mosher, Board of Commissioners Chair OTC Board of Commissioners' Minutes January 30, 2007 Attachment A, Page 1 WARRANTS APPROVED ON 1/30/2007 FOR PAYMENT 1/30/2007 VENDOR NAME A'VIANDS LLC ACS AMERICINN FERGUS FALLS APPLE TIME INC BRIAN ARMSTRONG ASSOCIATED BAG COMPANY ATSSA AUTO VALUE FERGUS FALLS JOHN BARTHEL BATTLE LAKE AUTO PARTS BATTLE LAKE STANDARD BCA-BTS BOUND TREE MEDICAL LLC BRANDON COMMUNICATIONS INC BRETZ HARDWARE BRIGGS CORPORATION C G PROPERTIES CHECKERS CITICORP VENDOR FINANCE INC COMMISSIONER OF TRANSPORTATION CONTINUING EDUCATION COOPERS TECHNOLOGY GROUP COUNTRY INN & SUITES DACOTAH PAPER COMPANY JONATHAN DANNER DIVERSION AUTO DNL WELDING & MFG KATHY DOMHOL T CHUCK EHRENBERG EMERGENCY TRAINING ASSOCIATES F M FORKLIFT SALES & SERVICE I FERGUS FALLS MEDICAL GROUP FERGUS FALLS POLICE DEPT CITY FERGUS FALLS FERRELLGAS FLOOR TO CEILING STORE FOTH & VAN DYKE FRONTIER PRECISION INC GALL'S INC GATOR H20 GOODIN COMPANY GR GRAPHICS INC FARGO GRAINGER INC PATRICK GRIFFIN HEDAHLS HEADQUARTERS HENNEPIN CO SHERIFF HENRY'S FOODS INC INNOVATIVE OFFICE SOLUTIONS INSIGHT PUBLIC SECTOR JC ELECTRIC INC JK SPORTS JOHNSTONE SUPPLY KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC KIM KNUTSON KOEP'S CLITHERALL CORNER LAKELAND MENTAL HEALTH CENTER LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE LITTLE FALLS MACHINE INC LOCATORS & SUPPLIES INC MACPZA AMOUNT 6,550.10 1,063.65 129.22 1,340.80 211.91 88.45 380.00 6.49 45.99 15 02 83.95 450.00 306.76 182.39 2.97 77.60 1,066.20 3.37 189.86 353.04 1,000.00 42.79 383.40 237.18 45.77 82.29 175.00 41.83 195.85 190.00 1,931.56 3,028.00 1,731.44 12,481.55 150.23 5,505.83 10,038.78 45.90 106.94 27.50 287.27 144.10 295.20 16.80 27.15 49.00 811.16 4,451.14 384.52 204.61 145.00 139.28 368.60 2,519.74 48.05 583.07 384.00 196.00 840.00 1,802.73 249.21 100.00 OTC Board of Commissioners' Minutes January 30, 2007 Page 2 MARK SAND & GRAVEL CO MARTIN'S PAINTING & MORE MATTHEW BENDER & COMPANY INC MCCC Ml 33 MIDWESTERN MAT RENTAL & SUPPLY MINNKOTA MN CO ATTORNEYS ASSOCIATION MN CO INSURANCE TRUST MN DNR WATERS MN MOTOR COMPANY MN PESTICIDE INFO & EDUCATION MNPIE MN SCIA 50.00 MN VIEWERS ASSOCIATION MOORE MEDICAL LLC ELDON MOREY PHO NACO NARDINI FIRE EQUIPMENT NELSON BROS PRINTING NELSON FORD LINCOLN MERCURY IN BETTY NORMAN ONE CALL LOCATORS LTD OTIS ELEVATOR CO OTTER TAIL CO PUBLIC HEALTH OTTER TAIL POWER COMPANY OTTER TAIL TELCOM OTTERTAIL TRUCKING INC OVERLAND MECHANICAL SERVICES PAMIDA PHARMACY PERHAM MEMORIAL HOSPITAL & HOM PINE PLAZA TV APPLIANCE & CAMP PITNEY BOWES PRODUCTIVE ALTERNATIVES INC QUILL CORPORATION REED BUSINESS INFORMATION RINGDAHL AMBULANCE SERVICE CHERI SCHULTZ DOROTHY SCOTT SHERWIN WILLIAMS SIMPLEXGRINNELL LP SOUTH MILL SERVICE STEINS INC STRAND ACE HARDWARE STREICHERS TEEMARK CORPORATION TRANQUILITY BUILDING SERVICES UL TEIG ENGINEERS UNIFORMS UNLIMITED VICTOR LUNDEEN COMPANY VISUAL GOV SOLUTIONS LLC WADENA CO AUDITOR TREASURER WADENA PIONEER JOURNAL RANDY WASVICK WELDING SUPPLIES & FIRE EQUIPM WEST PAYMENT CENTER WEST TOOL & DESIGN INC RICHARD WEST WHITE BANNER UNIFORM SHOP WILKIN CO SHERIFF XEROX CORPORATION 3RD DISTRICT SHERIFF'S ASSOCIA •••• FINAL TOTAL ....... 39,673.03 1,225.00 250.30 148.30 69.60 58.00 3,408.00 2,500.00 101.00 29.13 2,700.00 135.00 100.00 149.58 365.00 1,143.00 159.00 359.84 787.81 16,979.00 11.50 96.25 128.00 327.22 2,184.86 5,548.80 12,288.71 7,501.99 15.00 230.04 225.74 101.70 124.51 201.40 777.75 37.00 77.02 22.59 90.53 10.81 2,145.55 21.28 249.95 260,96 452.63 132.00 1,406.05 5.05 160.50 1,226.02 43.60 75.00 17.51 1,257.27 25.00 34.16 180.99 275.00 30.30 50.00 $172,477.07 ....