HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/15/2008MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
Tuesday, July 15, 2008
9:30 a.m.
Call to Order
The Otter Tail County Human Services Board convened Tuesday, July 15, 2008, at 9:34 a.m. at the
Otter Tail County Government Services Center with Commissioners Syd Nelson, Chair;
Everett Erickson, Vice-Chair; Bob Block, Roger Froemming and Dennis Mosher present.
Approval of Agenda
Motion by Froemming, second by Mosher, and unanimously carried to approve the Human Services
Board agenda of July 15, 2008, with the following change:
Human Services Labor Management Committee Update -Postponed
Approval of Minutes
Motion by Block, second by Froemming, and unanimously carried to approve the Human Services
Board minutes of June 24, 2008, as presented.
Public Health Department
MOH Master Grant Contract:
Motion by Block, second by Froemming, and unanimously carried to authorize the appropriate County
officials' signatures to execute the Minnesota Department of Health Master Grant Contract for
Community Health Boards between MOH an.d Otter Tail County for the period of January 1, 2009
through December 31, 2013. The contract states the terms and conditions for Public Health grant
programs.
Emergency Preparedness & Pandemic Flu:
Motion by Block, second by Erickson, and unanimously carried to authorize the appropriate County
officials' signatures to execute a Grant Project Agreement Amendment between the MOH and Otter
Tail County which authorizes an extension for unspent grant funds for emergency preparedness from
August 9, 2008 to October 31, 2008.
Environmental Specialty:
Public Health Director, Diane Thorson, reported that there have been an increasing number of
environmental issues, i.e. mold problems, in Otter Tail County. She requested authority to hire a
Sanitarian from Douglas County when specific environmental issues need to be investigated. Motion
by Block, second by Froemming, and unanimously carried to authorize the Public Health Director to
contract for Sanitarian time, at the rate of $29.39 per hour plus mileage, from Douglas County. This
motion is applicable until December 31, 2008, at which time the use of the Sanitarian time shall be re-
evaluated by the Board of Commissioners.
Safe Communities Grant:
Ms. Thorson reported that the Public Health Department has received the Safe Communities Grant
from the Minnesota Office of Traffic Safety, in the amount of $22,000.00 with $7,000.00 allocated for
time spent with traffic issues related to alcohol abuse, seat belt usage, and impaired drivers.
OTC Board of Commissioners' Minutes
July 15, 2008
Page 2
Human Services Department
Quarterly Fiscal Report:
Human Services Director, John Dinsmore, presented the Human Services fiscal report through
June 30, 2008. He reviewed areas where expenses will likely exceed what has been budgeted
including chemical dependency, sex offender hold orders, and public defender expenses.
Human Services Contracts:
Motion by Froemming, second by Erickson, and unanimously carried to authorize the appropriate
Countv officials' sianatures to renew the followino Human s . erv1ces Contracts:
Agency Program Effective Targeted Funding Source
Dote Population
Contract Period The total amount to be paid
Mill Street Residence Residential Services/ 07-01-08 Elderly for such purchased
Fergus Falls Assisted Living through services shall not exceed
06-30-09 the OTC annroved Rate
Contract Period The total amount to be paid
Nelson House Residential Services/ 07-01-08 Elderly for such purchased
New York Mills Assisted Living through 06-30-09 services shall not exceed
the OTC annroved Rate
Contract Period The total amount to be paid
Our Home Your Residential Services/ 07-01-08 Elderly for such purchased
Home, Henning Assisted Living through services shall not exceed
06-30-09 the OTC annroved Rate
Contract Period The total amount to be paid
Valkommen-Hem Inn Residential Services/ 07-01-08 Elderly for such purchased
Fergus Falls Assisted Living through services shall not exceed
06-30-09 the OTC annroved Rate
Contract Period The total amount to be paid
Tender Hearts Home Residential Services/ 07-01-08 Elderly for such purchased
Care, New York Mills Assisted Living through services shall not exceed
06-30-09 the OTC annroved Rate
New Dimensions Contract Period The total amount to be paid
Home Health Care, Assisted Living 07-01-08 Elderly' for such purchased
Inc., Fergus Falls through services shall not exceed
06-30-09 the OTC annroved Rate
Lakewood Health Contract Period The total amount to be paid
System Home Care & Assisted Living 07-01-08 Elderly' for such purchased
Hospice, Staples through services shall not exceed
06-30-09 the OTC annroved Rate
Vikingland Home Contract Period The total amount to be paid
Health, Inc., Assisted Living 07-01-08 Elderly' for such purchased
Alexandria through services shall not exceed
06-30-09 the OTC annroved Rate
Coleen Houge Contract Period AC/EW/CADI or TBI
Underwood Residential Services/Home 07-01-08 Elderly and/or Waivered Funds
Plus/Foster Care Services through Disabled
06-30-09
MN Department of Contract Period OTC Low
Commerce and Home Energy Assistance 10-01-08 Income State of Minnesota
County of Otter Tail Services through Residents
09-30-09
Foster Care Licensing:
The Human Services Director provided a proposal (draft) for an Otter Tail County Human Services
Foster Care Licensing and Background Study Fee Policy. He requested that commissioners review
the policy and discussion regarding approval and implementation will take place at the next regular
Human Services meeting.
OTC Board of Commissioners' Minutes
July 15, 2008
Page 3
OTTER TAIL COUNTY RESOLUTION #2008-48
WHEREAS, since the State takeover of the Court system, the State has provided Court-
appointed counsel in Children in Need of Protection or Services (CHIPS) and Termination of Parental
Rights (TPR) cases; and
WHEREAS, due to recent budgetary cuts by the State, the Public Defenders Office is declining
to represent parties in CHIPS and TPR proceedings, other than children over ten years of age; and
WHEREAS, the County budgeted no funds in 2008 for such appointments; and
WHEREAS, the Court may well order the County to pay for such appointments, and the
County recognizes that it is necessary that such appointments need to be made in appropriate cases;
and
WHEREAS, the County is prepared to amend its 2008 budget to allow for the payment for
some contract attorneys to provide the services; and
WHEREAS, this constitutes one of a number of cost shifts from the State to the counties
without commensurate funding, and is being implemented at the same time that the' State is placing
levy limits on the counties' ability to fund such costs; and
WHEREAS, the County does not concede that it has a legal obligation to fund these Court-
appointed attorneys, but is willing to do so on a temporary, interim basis, to meet the needs of citizens
which the State is failing to provide.
NOW, THEREFORE, IT IS HEREBY RESOLVED that Otter Tail County will authorize an
additional $25,000.00 for 2008 to be used to obtain contract attorneys to provide representation in
appropriate CHIPS and TPR cases. ·
BE IT FURTHER RESOLVED that while Otter Tail County is willing to work with the Courts to
provide for the funding of Court-appointed counsel in CHIPS and TPR cases, it does so without
acknowledging its legal obligation to do so, and will continue to cooperate with the Courts on a
temporary interim basis.
The above resolution came before the Otter Tail County Board of Commissioners on the 15th
day of July 2008, upon the motion of Commissioner Mosher, seconded by Commissioner Erickson
and passed upon a 5-0 vote.
By-M~~~!._j.:.~~=-----airman
Board of Commissioners
OTC Board of Commissioners' Minutes
July 15, 2008
Page 4
Memorandum of Understanding
Motion by Froemming, second by Block, and unanimously carried to authorize the Chairman's
signature to execute the Otter Tail County Family Dependency Treatment Court Memorandum of
Understanding which identifies the responsibilities of each party as they relate to the appointment of
attorneys representing parents involved in Child in Need of Protection and Services and Termination
of Parental rights. The MOU will be effective from July 15, 2008 through December 31, 2008.
Approval to Pay Bills & Claims
Motion by Erickson, second by Block, and unanimously carried to approve payment of the Human
Services bills and claims as presented.
Adjournment
At 10:29 a.m., Chairman Nelson declared the meeting of the Otter Tail County Human Services Board
adjourned until 9:30 a.m. on Tuesday, July 29, 2008.
Dated: __ .:c.o_,1.,_/:2....:..,~ ,'""/o'--'b"'----
Attest 4'7'"11. i/ 1l
LarryKrqhn, ~
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, July 15, 2008, at 11 :00 a.m., at
the Otter Tail County Government Services Center with Commissioners Syd Nelson, Chair;
Everett Erickson, Vice-Chair, Bob Block, Roger Froemming, and Dennis Mosher present.
Approval of Agenda
Motion by Froemming, second by Mosher, and unanimously carried to approve the County Board
agenda of July 15, 2008, with the following additions:
HRA Board Appointment
August 19, 2008, BOC Meeting Location
Auditor's Agenda Items
Approval of Minutes
Motion by Block, second by Erickson, and unanimously carried to approve the County Board minutes
of July 8, 2008, as presented.
Approval to Pay Bills
Motion by Erickson, second by Mosher, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Planning Commission Recommendations
Conditional Use Permit -David & Deanna Kollar:
Motion by Mosher, second by Froemming, and unanimously carried to approve a Conditional Use
Permit to erect a Wind Turbine as presented. The property is described as SW1/4 NW114 ex tr & Lot
1 ex ry (46.26 AC), Section 18 of Dane Prairie Township; Chautauqua Lake (56-780), NE.
Conditional Use Permit -Norman L. & Jocelyn L. Westby:
Motion by Erickson, second by Block, and unanimously carried to approve a Conditional Use Permit
to operate an adult group home as presented. The property is described as Lot 3 & that pt of Lot 4,
Crystal Hills 1st Addition & pt of Tract 23 ... Crystal Hills 7th Addn (1.20 AC) parcels #1174-002 &
#630 not to be split, Section 2 of Lida Township; Crystal Lake (56-749), RD.
OTC Board of Commissioners' Minutes
July 15, 2008
Page 5
Preliminary Plat -"Pelican Point First Addition''/Pelican Point Association:
Motion by Erickson, second by Mosher, and unanimously carried to approve the Preliminary Plat
entitled "Pelican Point First Addition" with conditions as recommended by the Planning Commission.
The property is described as Easterly Lots 6 & 7, the westerly Lots 3 -7, Lots 8 -35 & pt of Lot 36,
Blk 2 Pelican Point & pt of Lot 6, 7 & 8, Section 4 of Dunn Township; Pelican Lake (56-786), GD.
Preliminary Plat & Conditional Use Permit -"Deutsch Addition''/Katheryn E. Deutsch Trust:
Motion by Mosher, second by Froemming and unanimously carried to approve the Preliminary Plat
entitled "Deutsch Addition" and a Conditional Use Permit for construction of the road as presented in
the revised plan dated June 3, 2008, and subject to conditions as recommended by the Planning
Commission. The project is located at the NW114 SW1/4 & GL 4 ex trs (Doc #1029747), Section 11
of Clitherall Township; Clitherall Lake (56-238), RD.
Conditional Use Permit-"Elmer's Texas Bar-B-Que''/Matmar Properties, LLP:
Motion by Froemming, second by Erickson, and unanimously carried to approve a Conditional Use
Permit to add a facility to accommodate special occasions/parties with a condition as recommended
by the Planning Commission. The property is described as Pt NW1/4 NW1/4, (4.67 AC), Section 6 of
Girard Township; Blanche Creek (56-TR), Tributary.
Conditional Use Permit Modification -Kevin & Mick Moore, Swan Lake:
Motion by Mosher, second by Block, and unanimously carried to approve a modification to the CUP
application for Kevin & Mick Moore to revise the condition that all surface water runoff to the lake is
"slowed" rather than diverted and to include that the Land & Resource Management office must
approve the revised plan as recommended by the Planning Commission. The property is located on
Swan Lake (56-781 ).
HRA Appointment
Motion by Mosher, second by Block, and unanimously carried to appoint Scott Rocholl, Underwood,
MN, to the Fergus Falls Housing and Redevelopment Association effective August 1, 2008 to take the
place of Nelvin Thormodson.
Board of Commissioners' Meeting Location Changed
Motion by Froemming, second by Erickson, and unanimously carried to change the location of the
Board of Commissioners meeting on August 19, 2008, from the Government Services Center in
Fergus Falls to the Courtroom in the New York Mills county offices. This change is being made to
facilitate commissioners' attendance to the New York Mills employee picnic.
Recess
At 11:30 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners recessed for a committee meeting and lunch break.
·Reconvene
At 1 :16 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners
reconvened for the remainder of the agenda items.
UNMANNED AERIAL VEHICLE
Otter Tail County Resolution No. 2008 -49
WHEREAS, the County of Otter Tail could use a mobile camera flying with orthorectified photography
technology for many applications including addressing, ditch assessments, help in computerization of
re'cords, P.~rceling, assistance in matters to protect the loss of life, and data research; and
OTC Board of Commissioners' Minutes
July 15, 2008
Page 6
WHEREAS, the County of Otter Tail contacted the regional Federal Aviation Administration (FAA) in
2006 and received information that an Unmanned Aerial Vehicle (U.A.V.) described as weighing 6 lbs
with a wingspan of 8 ft. and consisting of balsa/foam construction similar to remote control hobby
planes, could be flown in Otter Tail County; and ·
WHEREAS, the County of Otter Tail, after receipt of said information, purchased a U.A.V; and
WHEREAS, the County of Otter Tail has hired Crop Cam to provide the needed training to operate
such a U.A.V; and
WHEREAS, the County of Otter Tail has established the Missions of the U.A.V. Program; and
WHEREAS, the County of Otter Tail has established the Medical requirements for flying the U.A.V;
and
WHEREAS, the County of Otter Tail has determined the Airworthiness of said U.A.V; and determined
the continuing Airworthiness program for said U.A.V; and
WHEREAS, the County of Otter Tail has determined the Pilot and Observer Qualifications for said
U.A.V; and
WHEREAS, it is assumed that all public aircraft comply with processes and policies established by the
public entity.
NOW, THEREFORE, BE IT RESOLVED, that the County of Otter Tail adopts the U.A.V. Missions,
Operating Pilot and Observation Training & Qualifications, Medical Requirements, Airworthiness
Guidelines, Continuing Airworthiness programs and procedures as presented by the G.I.S.
Department in charge of the U.A.V. operations in Otter Tail County.
The above resolution came before the Otter Tail County Board of Commissioners on the 15th day of
,,/Jdjy_2008, upon the motion of Commissioner Block, seconded by Commissioner Erickson, and
passed upon a 5 -O vote.
OTTER TAIL COUNTY "'s?1Jf1~ Board of Commissioners
Commissioner Froemming left the meeting at 1 :25 p.m. to attend a Highway road meeting and returned at
2:30 p.m.
Wind Energy Project Update
Project Resources Corporation President, Paul White, and other company officials briefed the Board
regarding the Lakeswind Project. This is a wind energy project with turbines located in the northwest
part of Otter Tail County, Clay County and Becker County.
Feedlot Program Delegation Discussion
MPCA Feedlot Unit Supervisor, Mark Jacobs, and Detroit Lakes Feedlot Officer, Mike Sharp,
submitted a handout entitled Otter Tail County Feedlot Delegation dated 7/15/08. Mr. Jacobs
reviewed the funding available from the State if the County becomes a feedlot delegated county. The
grant would be based on the number of funding-eligible feedlots in Otter Tail County and the County
OTC Board of Commissioners' Minutes
July 15, 2008
Page 7
must match their feedlot grant with in-kind/cash funds that are, at a minimum, 70% of the base grant
award. Lengthy discussion took place regarding required work plans and the registration and
permitting process. WOTSWCD Director, Brad Mergens, asked about flexibility in the annual work
plans and required timelines if there are issues that need to be resolved on a farm. Mr. Sharp stated
that 7% inspections per year is a minimum program requirement; however, education is encouraged
and the CFO would be encouraged to work with the farmer in resolving issues. Workload and the
number of feedlot officers and/or support staff that would be needed were discussed. Ag Advisory
Committee members encouraged the County to move forward with a local program and cited reasons
why Otter Tail County would benefit. Motion by Block, second by Erickson and carried, with Mosher
abstaining, to pursue Otter Tail County Feedlot Program Delegation by reviewing 7020 rules,
determining which department the program should be placed in, and determine if the budget can be
provided under the current levy limit laws.
Tornado Emergencies
GSC Employee, Joyce Thompson, read a letter for the record regarding the failure of an adequate
emergency warning system at the Government Services Center. Commission·ers directed the
Executive Safety Steering Committee to address the concerns.
Certificate of Substantial Completion
Motion by Erickson, second by Block, and unanimously carried to approve the Certificate of
Substantial Completion for the Ottertail Operations Center, Project No. 0603.
Payment Approvals
Motion by Block, second by Erickson, and unanimously carried to approve payment, in the amount of
$2,053.32, from the construction fund for the following Ottertail Operations Center expenditure:
Insight Invoice No. 1100037059 Dated 06/27/2008 Two lnfocus Work Big IN35-DLP Projects
Motion by Erickson, second by Mosher, and unanimously carried to approve payment, in the amount
of $54,092, from the construction fund for the following Ottertail Operation Center expenditure:
MARCO Invoice No. INV226455 Dated 06/26/2008 Security System (Equipment and Labor)
Motion by Block, second by Froemming, and unanimously carried to approve payment, in the amount
of $5,600.00, from the Capital Improvement Fund and to approve payment, in the amount of
$1,216.00, from the construction fund to Shultz and Associates, LTD for the following:
Invoice No. 2099 Dated 06/27/2008 0603 Ottertail Operations Center
-Construction Administration
-LEED Administration
Invoice No. 2108 Dated 06/27/2008 0804 OTC Courthouse Planning
Total
$3,100.00
$2,500.00
$1,216.00
$6,816.00
Motion by Froemming, second by Block, and unanimously carried to approve payment, in the amount
of $89,236.20, from the construction fund to Comstock Construction, Inc. of Fergus Falls, for the
Ottertail Operations Center as detailed in Payment Request No. 13.
Motion by Mosher, second by Erickson, and unanimously carried to approve payment, in the amount
of $30,167.00, from the construction fund to Pro Landscapers, LLC. for landscaping at the Ottertail
Operations Center.
Motion by Erickson, second by Froemming, and unanimously carried to approve payment, in the
amount of $15,507.00, from the Capital Improvement Fund to Comstock Construction, Inc. of Fergus
Falls for the following expenditure:
Contract F26409 Concrete Replacement@ 505 Court Street $15,507.00
OTC Board of Commissioners' Minutes
July 15, 2008
Page 8
License Application
Vergas 1 Stop
32021 County Highway No. 4
Vergas, MN
Tobacco
Off-Sale 3.2 Malt Liquor
(Subject to the approval of the County Attorney and County Sheriff.)
Adjournment
At 3:22 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 9:30 a.m. on Tuesday, July 22, 2008.
Dated: _ ____,,Dwlc.,4/....,2.c.::-...=..J/_o_fl __ _
CB/kd
OTC Board of Commissioners' Minutes
July 15, 2008
Attachment A, Page 1
WARRANTS APPROVED ON 7/15/2008 FOR PAYMENT
VENDOR NAME AMOUNT
BATTLE LAKE AUTO PARTS
BRAUN VENDING INC
CANADIAN PACIFIC RAILWAY COMPA
CONSTRUCTION BULLETIN
CULLIGAN WATER COND
CULLIGAN WATER CONDITIONING
EVERGREEN EQUIPMENT INC
EVERTS LUMBER CO
FARMERS CO OP OIL ASSN
FARNAM'S GENUINE PARTS INC
FERGUS TIRE CENTER
HEDAHLS HEADQUARTERS
HENNING AUTO PARTS INC
HENNING HARDWARE
HOUSTON ENGINEERING INC
KRIS ENGINEERING INC
LAKEWAY MARKET LLC
LOCATORS & SUPPLIES INC
M-R SIGN COMPANY INC.
MARCO
MN MOTOR COMPANY
MN STATE AUDITOR
NAPA OF PERHAM
NAPA STANDARD PARTS OF WADENA
NELSON AUTO CENTER
OTTER TAIL CO TREASURER
PARK REGION CO OP
PENROSE OIL COMPANY
PERHAM CO OP CREAMERY
PRO AG FARMERS CO OP
RILEY BROS CONSTRUCTION INC
RIVER BEND INDUSTRIES
RON JENSEN ELECTRIC
SIGELMAN STEEL & RECYCLING INC
STRAND HARDWARE & RADIO SHACK
SWANSTON EQUIPMENT CORP
TRUCK BODIES & EQUIP INTERNATI
UAP DISTRIBUTION INC
VERGAS ACE HARDWARE
VERGAS 66
WALLWORK TRUCK CENTER
FINAL TOTAL ...... .
142.02
27.44
1,019.50
209.00
52.37
10.65
1,820.16
559.04
1,633.98
308.10
108.25
4.13
152.62
69.23
12,528.75
1,452.72
1,779.36
732.12
480.40
676.00
905.02
5,130.50
33.50
195.46
1,112.63
925.75
87.54
1,380.59
739.30
2,443.65
9,339.45
198.02
2,883.16
48.35
122.68
4,452.02
385,133.84
33,412.64
85.96
1,771.04
148.14
$474,315.08 ***