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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 06/05/2007MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 Fir Avenue W., Fergus Falls, MN The Otter Tail County Board 9:31 a.m. at the Otter Tail Dennis Mosher, Chair; Syd Everett Erickson present. Tuesday, June 5, 2007 9:30 a.m. Call to Order of Commissioners convened Tuesday, June 5, 2007, at County Government Services Center with Commissioners Nelson, Vice-Chair; Bob Block, Roger Froemming, and Approval of Agenda Motion by Froemming, second by Block, and unanimously carried to approve the County Board Agenda of June 5, 2007, with the following additions: Under Highway Engineer Items -Soil Borings Agreement for Water Street Bridge Closed Session: Attorney/Client Privilege to Discuss Transfer Station Litigation Approval of Minutes Motion by Nelson, second by Froemming, and unanimously carried to approve the County Board Minutes of May 22, 2007, as presented. Approval to Pay Bills Motion by Erickson, second by Nelson, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Central Minnesota Regional Radio Board Motion by Erickson, second by Froemming, and unanimously carried to adopt the Central Minnesota Regional Radio Board Joint Powers Agreement dated January, 2007, and authorize the appropriate County officials' signatures to execute the Agreement. The Joint Powers Agreement organizes 15 entities for the purpose of providing regional administration of enhancements to the Statewide Public Safety Radio and Communication System (ARMER). Chairman Mosher appointed Commissioner Bob Block to serve as Otter Tail County's delegate to this Regional Radio Board and Commissioner Roger Froemming to serve as an alternate delegate. Ditch No. 39 Ditch Inspector, Randy Wasvick, referred to a map of Ditch No. 39, which flows along CR 2 and CR 7 in the corner of Sections 2 & 7 in Western Township. Mr. Wasvick stated that the main ditch starts in a township road ditch and flows about 1 mile on the west side of CR 7 then along the west side of an abandoned road (115th Ave), then along another gravel road to a creek that eventually flows into the river. There is also a branch flowing from Section 8 that flows along the south side of CR 2 and then enters the main ditch. Mr. Wasvick showed a video presentation of the ditch areas with standing water and a lot of flooding at the Hensch farm. Mr. Wasvick stated that the ditch system should flow better and that Mr. Hensch is asking for a clean out of the ditch because of the loss of his land, which has been rented in past years. Discussion took place regarding the potential need to redetermine benefits and the need for an Engineer's report. Chair Mosher requested that Mr. Wasvick schedule a Public Information meeting regarding Ditch No. 39. Recess & Reconvene At 10: 11 a.m., Chair Mosher declared the meeting of the Otter Tail County Board of Commissioners recessed for a Building Committee meeting. The meeting was reconvened at 10:30 a.m. OTC Board of Commissioners' Minutes June 5, 2007 Page 2 Building Project Reports Courthouse: Physical Plant Manager, Rick Sytsma, reported that bid specifications are being drafted for a new chiller for the Courthouse. Government Services Center: Mr. Sytsma reported that the GSC building is no longer operating by using steam from the City's Incinerator Building for hot water and heat needs. Ottertail Sheriff's Operations Center: Architect, David Shultz, briefed the Board on the progress of construction on the Ottertail Sheriff's Operations Center. Much of the site work has been completed with concrete to be poured soon and precast wall panels beginning to be erected. He reported one issue of concern with the low roofing bid. The roofing subcontractor was unable to show 5 years of experience installing the type of roof that was specified, a thermal plastic white membrane roof. Mr. Shultz and Mr. Sytsma recommended that the General Contractor award the roofing project to Herzog as the next low bidder which also includes a 30 year warranty on the roof. Motion by Block, second by Nelson, and unanimously carried to approve a change order, in the amount of $37,148.00, for the Ottertail Sheriffs Operations Center, mainly due to the increased roofing expense. Perham Resource Recovery Facility Solid Waste Director, Mike Hanan, briefed the Board on a request by Bongards for substantial modifications to the existing steam sales agreement. A Special Meeting of the Perham Resource Recovery Facility Coordinating Committee has been set for June 11, 2007, to discuss this issue. Mr. Hanan also briefed the Board regarding Otter Tail Power's interest in purchasing electricity as a result of upcoming legislative requirements to provide energy from renewable energy sources. The issue of a proposed expansion of the facility was discussed with a general consensus from Commissioners that there are too many uncertainties, at this time, to consider expansion. Proposed Fergus Falls Transfer Station Mr. Hanan provided an update regarding equipment failure at the current Transfer Station, a recent public meeting regarding the proposed new Transfer Station, and MPCA timelines. Final Plat Motion by Mosher, second by Erickson, and unanimously carried to approve a Final Plat entitled "Golf View Estates", a 7 backlot subdivision in Section 3 of St. Olaf Township; Johannes Lake (56-391). Liquor License Applications Motion by Froemming, second by Block, and unanimously carried to approve the following applications for license: Clear Lake Resort Dalton, MN Collins Landing Dent, MN Cozy Cove Resort Dent, MN Fair Hills Resort, Inc. Detroit Lakes, MN Heisler Country Store, Inc. Vergas, MN Consumption and Display (Set Up) Permit On/Off-Sale 3.2 Malt Liquor Off-Sale 3.2 Malt Liquor On/Off-Sale 3.2 Malt Liquor On-Sale 3.2 Malt Liquor On-Sale Wine Off-Sale 3.2 Malt Liquor Heisler Gravel Rental dba Heislers Country Pub Vergas, MN *Koep's Clitherall, MN Lakeland General Store Pelican Rapids, MN Josh Hanson's Spanky's Inc. dba Spanky's Stone Hearth Vergas, MN *Stromlie Associates LLC dba The Club Pelican Rapids, MN OTC Board of Commissioners' Minutes June 5, 2007 Page 3 On-Sale 3.2 Malt Liquor Off-Sale 3.2 Malt Liquor Off-Sale 3.2 Malt Liquor On-Sale Liquor and Sunday Liquor On-Sale Liquor and Sunday Liquor 2:00 a.m. Closing •ucense is subject to the review and approval of the County Attorney and the County Sheriff. Application for Exempt Permit Motion by Nelson, second by Froemming, and unanimously carried to approve, with no waiting period, the LG220 Application for Exempt Permit as submitted by the St. Lawrence Catholic Church for an event scheduled for Sunday, August 5, 2007. Delayed Payroll Implementation Payroll Supervisor, Dawn Godel, and Payroll Specialist, Connie Tanner, presented handouts regarding Delayed Payroll Implementation. Ms. Godel reported that discussion regarding Delayed Payroll has taken place with the Human Services Interest Based Bargaining Group. The three proposals presented were from those discussions. Ms. Godel reviewed each proposal/option as follows: 1) Delay pay day one day for each payroll until the full delay of 2 weeks is reached. There would be 23 pay dates during the year in this proposal; 2) Reduce the annual salary by 4%, which would be spread out over one year's time; or 3) reduce a set number of hours from each pay period (a version of this process was used in Becker and Douglas Counties). The 3rd option would require manual record keeping for the payroll office. County Attorney, David Hauser, noted that a Delayed Payroll system may soon be required by financial laws and/or the State Auditors. It was noted that all employees would need to be on the same pay periods to implement Delayed Payroll; therefore, employees currently paid monthly would need to move to a semi-monthly pay schedule. If a proposal is selected, it would not be implemented before CY2009, which would allow sufficient time for employees to plan for changes. Recess & Reconvene At 11 :37 a.m , Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners recessed for a Highway Committee meeting and lunch break. The meeting was reconvened at 1:15 p.m. Crooked Lake Outlet/Ditch No. 21 Public Hearing Chairman Mosher called the Continuation of the Public Hearing for the Crooked Lake Outlet/Ditch No. 21 Project to order. He stated that this is a continuation of the previous Public Information meetings of April 12, 2007 and May 17, 2007. County Attorney, David Hauser, reviewed the decisions that are required to proceed with the project. Chair Mosher asked for comments from the public. Mr. Larson requested that the project move forward as soon as possible. Jim Knapp, property owner on Fish Lake, asked if a second tube would be put under CR 1. Highway Engineer, Rick West, responded that the second tube is part of the project. Mr. Knapp asked if work could start downstream while waiting for final paperwork to be completed in the Crooked Lake area. Ditch Inspector, Randy OTC Board of Commissioners' Minutes June 5, 2007 Page 4 Wasvick, responded that work could not begin until the proper permits were obtained and the outlet fee paid. Motion by Block, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute the FINDINGS AND ORDER AUTHORIZING AN OUTLET in the Matter of the Crooked Lake Outlet into Drainage System No. 21 as presented by the County Attorney along with attached documents, Engineering Report HEI No. 5197-000 dated May 24, 2007, Ditch Viewers' Report, and Operation and Maintenance Plan dated May, 2007. Chair Mosher closed the Public Hearing at 1 :34 p.m. Bid Opening Project No. 07:STurtle SWS After previously advertising for bids, the Highway Engineer opened the following bids for the South Turtle Lake Storm Water Sewer Project on May 30, 2007 at 1 :00 p.m: Vender Number Business Name Total Bid Amount % Over/Under/Under Estimate 645 Mark & Brenda Construction, Inc. $233,802.15 13.34% under estimate 632 Rilev Bros Construction, Inc. $284,927.50 5.61 % over estimate 3037 Quam Construction Co., Inc. $314,795.50 16.68% over estimate 1853 Randv Kramer Excavatina, Inc. $386,058.33 43.10% over estimate 3036 Barbarossa and Sons, Inc. $393,571.50 45.88% over estimate Lengthy discussion took place regarding the process of obtaining all easements for the project. Motion by Mosher, second by Nelson, and unanimously carried to award Project No. 07:STurtleSWS to the low bidder, Mark & Brenda Construction, Inc., in the amount of $233,802.15, subject to the completion of obtaining all right of way easements for the project. Perham Garage Discussion Mr. West reported that the Highway Committee met and discussed the request by the City of Perham involving the purchase of the County's Perham Garage property. Discussion included occupation of the County Garage property in 2008 by Barrel O' Fun, moving the Snowplow Trucks to the County's New York Mills building, keeping one truck in a heated garage during the winter months in the City of Perham, and the value of the County's property. Mr. West stated that the County wants to cooperate with the City of Perham for their economic purposes; however, Commissioner Nelson expressed concern in compromising snowplow services. Discussion/negotiations will continue on this topic. Skid-Mounted Sprayer Motion by Nelson, second by Block, and unanimously carried to approve the sale of a Skid-Mounted Sprayer to Lake of the Woods County at a purchase price of $8,000.00. The Sprayer was purchased by Otter Tail County in 1999 and is no longer used. PUBLIC WATER ACCESS COOPERATIVE AGREEMENT BIG PINE LAKE IN OTTER TAIL COUNTY, MINNESOTA Otter Tail County Resolution No. 2007 -44 Upon a motion by Erickson, second by Froemming, and unanimously carried, the following resolution was adopted: WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes, Section 97 A.141 to provide public water access sites on lakes and rivers, where access is inadequate; and WHEREAS: the State and the County are authorized under Minnesota Statutes, Section 471.59, to enter into agreements to jointly or cooperatively exercise common power; and OTC Board of Commissioners' Minutes June 5, 2007 Page 5 WHEREAS: the State and the County have determined this public water access improvement on Big Pine Lake is of high priority under the state public water access program; and WHEREAS: the State owns land described as: Sec. 6, T.136N, R.38W, Otter Tail County, as shown in Exhibit A; and WHEREAS: the County is willing to construct the bituminous surfaced ramp approach on the public water access site to Big Pine Lake; hereinafter referred to as "facilities"; and WHEREAS: plans and specifications for the Facilities have been developed by the State and reviewed by the County and are attached to the agreement as Exhibit B and shall be referred to as the "Plan". NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of Otter Tail and the State of Minnesota Department of Natural Resources is hereby approved; and BE IT FURTHER RESOLVED, that the Chair of the County Board of Commissioners and the County Board Clerk are hereby authorized to sign said Cooperative Agreement. Dated at Fergus Falls, Minnesota, this 5th day of June, 2007. Dated: Q(p /,2-/0 7 I t Attest ~~ ~ Larry Kron, erk PUBLIC WATER ACCESS COOPERATIVE AGREEMENT PELICAN LAKE IN OTTER TAIL COUNTY, MINNESOTA Otter Tail County Resolution No. 2007 -45 Upon a motion by Erickson, second by Froemming, and unanimously carried, the following resolution was adopted: WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes, Section 97 A.141 to provide public water access sites on lakes and rivers, where access is inadequate; and WHEREAS: the State and the County are authorized under Minnesota Statutes, Section 471.59, to enter into agreements to jointly or cooperatively exercise common power; and WHEREAS: the State and the County have determined this public water access improvement on Pelican Lake is of high priority under the state public water access program; and WHEREAS: the State owns land described as: Sec. 11, T.137N, R.43W, Otter Tail County, as shown in Exhibit A; and WHEREAS: the County is willing to construct the bituminous surfaced ramp approach on the public water access site to Pelican Lake; hereinafter referred to as "facilities"; and WHEREAS: plans and specifications for the Facilities have been developed by the State and reviewed by the County and are attached to the agreement as Exhibit B and shall be referred to as the "Plan". OTC Board of Commissioners' Minutes June 5, 2007 Page 6 NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of Otter Tail and the State of Minnesota Department of Natural Resources is hereby approved; and BE IT FURTHER RESOLVED, that the Chair of the County Board of Commissioners and the County Board Clerk are hereby authorized to sign said Cooperative Agreement. Dated at Fergus Falls, Minnesota, this 5th day of June, 2007. Dated: _ _,6"-'-£;.+/_,_1-"2--1/c...co:....J1....-__ _ j ' MN DNR SUBGRANT AGREEMENT UNDER THE FEDERAL RECREATIONAL TRAIL PROGRAM Central Lakes Trail Maintenance Otter Tail County Resolution No. 2007 -46 Upon a motion by Mosher, second by Block, and unanimously carried, the following resolution was adopted: 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 County will provide the maintenance services as per the Joint Powers Agreement expiring September 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 September 30, 2007. Dated at Fergus Falls, Minnesota, this 5th day of June, 2007. Dated oro/1z,lo 7 OTTEF,i-r,AIL COU~T'1)3.£f-R,W =MISSIONERS By~ff~~ / Dennis R. Mosher,BoardofCommissi'oners Chair Attest: ~ LarryKroh~'. cirk OTC Board of Commissioners' Minutes June 5, 2007 Page 7 Soil Borings Agreement -Water Street Bridge Motion by Froemming, second by Erickson, and unanimously carried to authorize the Highway Engineer to enter into an agreement between the County of Otter Tail and Braun lntertec for soil borings and geotechnical evaluation for the Maine Township Water Street Bridge, at an estimated cost of $6,190.00. 2007 Street & Utility Improvements -City of Perham Motion by Nelson, second by Erickson, and unanimously carried to concur with the award made by the City of Perham for the 2007 Street and Utility Improvements, Second Street South, CSAH 51 and CSAH 98, to the low bidder, Kuechle Underground, Inc. of Kimball, MN, in the amount of $1,788,957.76. Otter Tail County's share of the project is as follows: Project Street Storm Total CSAH 51-S.A.P. 56-651-17 $136,070 $112,925 $248,995 CSAH 98-S.A P. 56-698-01 $229,890 $114,475 $344,365 Total: $365,960 $227,400 $593,360 DNR Dam Safety Grant Motion by Mosher, second by Froemming, and unanimously carried to authorize the appropriate County officials' signatures to execute the Dam Safety Grant Agreement between the State of Minnesota Department of Natural Resources and the County of Otter Tail contingent upon receipt of the maintenance language for the box culvert under CSAH 82 at Rose Lake west of Dalton. Recess Closed to the Public At 2:31 p.m., Chair Mosher declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. At 2:35 p.m., Chair Mosher declared the meeting of the Otter Tail County Board of Commissioners reconvened and closed to the public to discuss litigation relating to the proposed Fergus Falls Transfer Station initiated by the Concerned River Valley Citizens. The closed session is authorized by attorney-client privilege, Chapter 13D.05 Subd. 3b. Present were all five seated Commissioners, the County Attorney, County Coordinator, and Board Secretary. Adjournment At 2:56 p.m., Chair Mosher declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, June 12, 2007. Dated: Ola/ { z__/ a7 I I F COMMISSIONERS By: Dennis R. Mosher, Boa d of Commissioners Chair CB/kd VENDOR NAME A-1 TROPHY A'VIANDS LLC ABG MAINTENANCE INC MARLYS ADAMS ALCOPRO ALL CREATURES VET HOSPITAL AMERICAN INSTITUTIONAL SUPPLY AMERICAN SOLUTIONS FOR BUSINES CHERI ANDERSON BRIAN ARMSTRONG ARVIG COMMUNICATION SYSTEMS BLUESTONE TECHNOLOGIES INC BOUND TREE MEDICAL LLC BRANDON COMMUNICATIONS INC CALL ONE INC CARRS TREE SERVICE CHEMSEARCH COMMISSIONER OF TRANSPORTATION COOPERS TECHNOLOGY GROUP CUSTOM BUSINESS FORMS CUTLER MAGNER COMPANY DACOTAH PAPER COMPANY E & J PRESS ECONO SALES AND SERVICE CHUCK EHRENBERG MICHELLE ELDIEN ELECTION SYSTEMS & SOFTWARE IN MARK ELLENSON ENGINEERING MN MAGAZINE FERGUS FALLS MEDICAL GROUP FERGUS FALLS NEWSPAPERS INC FERGUS FALLS POLICE DEPT CITY FERGUS FALLS FERGUS INTERNATIONAL INC FERGUS POWER PUMP INC FERGUS TIRE CENTER FERRELLGAS FRAZEE FORUM INC DARWIN FRIEDRICH FRONTIER PRECISION INC SHARON FUNK GALL'S INC GODFATHERS EXTERMINATING INC GR GRAPHICS INC ST LOUIS GRAYARC PATRICK GRIFFIN GT DISTRIBUTORS AUSTIN MIKE HANAN NICOLE HANSEN NEILL HARDINA HARLES TREE SERVICE DUANE HAUGEN HENRY'S FOODS INC HIGH PLAINS TECHNOLOGY HINTERMEISTER INC HITESMAN & ASSOCIATES PA HOLIDAY INN ST CLOUD HOUSTON ENGINEERING INC INDEPENDENT EMERGENCY SERVICES INNOVATIVE OFFICE SOLUTIONS INSIGHT PUBLIC SECTOR RODNEY JENSEN JOHNSON JET LINE INC ERWIN JOHNSON OTC Board of Commissioners' Minutes June 5, 2007 Attachment A, Page 1 AMOUNT 276.03 6,459.62 90.53 362.80 211.00 83.50 380.95 1,639.63 49.00 133.63 200.00 325.44 109.14 9,203.22 77.30 154.63 171.29 1,036.94 37.71 1,572.07 19,710.27 419.33 404.70 188.60 37.98 41.13 18,132.67 24.00 1900 1,968.00 430.95 4,755.06 7,191.19 419.65 765.00 30.00 79.83 41.28 30.00 396.02 36.01 15.53 122.48 419.01 70.34 8.47 142.70 206.13 31.14 180.00 1,065.00 60.00 886.60 6,218.55 13.18 72.00 145.48 4,246.50 1,882.39 1,876.03 6,668.78 38.50 420.50 160.00 OTC Board of Commissioners' Minutes June 5, 2007 Attachment A, Page 2 GARY JOHNSON KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC MARCIE KNUDSEN L & L SERVICE LAKE REGION DENTAL CENTER LAKE REGION HEAL TH CARE CORP LAKELAND MENTAL HEALTH CENTER LARRY OTT INC TRUCK SERVICE PAT LARUM LITTLE FALLS MACHINE INC MADDEN'S ON GULL LAKE MATERIALS MANAGEMENT DIVISION MATTHEW BENDER & COMPANY INC MERITCARE MEDICAL GROUP MFSRC FALL CONFERENCE MICK'S SCUBA INC MIDWEST PRINTING CO MIDWESTERN MAT RENTAL & SUPPLY MN CO ATTORNEYS ASSOCIATION MN CO INSURANCE TRUST MN COUNTIES INS TRUST MN DEPT OF AGRICULTURE MN MOTOR COMPANY MN OFFICE OF ENTERPRISE TECHNO MN STATE BAR ASSOCIATION MN STATE LAW LIBRARY CHERYL MUCHOW NATIONAL BUSINESS SYSTEMS INC NETWORK CENTER INC NEW YORK MILLS HERALD NIEMELA REPAIR NORTHERN PLUMBING SUPPLY OFFICE DEPOT ORANGE TREE EMPLOYMENT SCREEN! OTIS ELEVATOR CO OTTER TAIL CO TREASURER OUTDOOR RENOVATIONS LANDSCAPE OVERLAND MECHANICAL SERVICES PAMIDA PHARMACY DONALD PEDERSON PELICAN RAPIDS BASEBALL ASSOCI PELICAN RAPIDS PRESS PEPSIAMERICAS PERHAM JEWELRY & REPAIR PERHAM SAND & GRAVEL PETE'S AMOCO PRODUCTIVE ALTERNATIVES INC QUARTERMASTER REED BUSINESS INFORMATION THE RENTAL STORE REVIEW ENTERPRISES INC ROTHSAY FARMERS CO OP AARON SALO CHERI SCHULTZ NATHAN SELANDER SERVICE FOOD SUPERVALU JUDY SIGGERUD SIGNWORKS PAUL SIMENGAARD GENEVIEVE STRANDE STREICHERS THALMANN'S REPAIR THYSSEN KRUPP ELEVATOR CORPORA TNT REPAIR INC 39.90 355.33 3,444.70 38.33 85.08 1,178.00 176.65 1,184.00 1,540.00 74.91 1,309.53 2,012.88 500.00 595.60 358.75 240.00 13.79 76.68 69.60 27.16 9,092.00 35.00 19.00 383.10 1,200.00 1,506.00 175.00 39.36 3,002.05 18,722.38 45.50 3.72 63.95 182.38 300.00 101.91 445.69 388.00 175.00 3,287.95 8.00 350.00 183.21 191.52 79.88 23.85 30.05 54.12 233.90 361.26 30.00 44.62 34.67 134.99 13.74 49.99 8.17 99.99 892.74 117.00 30.00 20.43 16.51 521.56 173.39 US POSTAL SERVICE UL TEIG ENGINEERS UNIFORMS UNLIMITED VICTOR LUNDEEN COMPANY VIKING COCA-COLA VOSS LIGHTING TERRY WEBER WEST PAYMENT CENTER WPSANTENNAS.COM XEROX CORPORATION •••• FINAL TOTAL ..... . OTC Board of Commissioners' Minutes June 5, 2007 Attachment A, Page 3 40,000.00 35,562.83 138.20 1,874.34 94.57 625.10 117.31 2,194.50 106.50 139.67 $239 689.90 •••• ' l t