HomeMy WebLinkAboutBoard of Commissioners - Minutes - 12/02/2008MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
Tuesday,December2,2008
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, December 2, 2008, at 9:30 a.m.,
at the Otter Tail County Government Services Center in Fergus Falls, MN, 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 Board of
Commissioners agenda of December 2, 2008, as presented.
Approval of Minutes
Motion by Mosher, second by Block, and unanimously carried to approve the Board of Commissioners
meeting minutes of November 25, 2008, as presented.
Approval to Pay Bills
Motion by Erickson, second by Block, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Allied Radio Matrix for Emergency Response (ARMER)
Lieutenant, Mark Englund and Sheriff, Brian Schlueter, provided an educational session regarding
Federal Communications Commission regulations which require the migration to 12.5 narrow banding
KHz technology by January 1, 2013. GeoComm Communications Consultant, Lex Rutter, presented
a power point regarding four options to become compliant and the corresponding estimated cost of
each option. Other representatives from local fire departments, ambulance services and the State of
Minnesota spoke about the new requirements. Board members approved the following resolution:
RESOLUTION ADOPTING A PLAN
FOR
PUBLIC SAFETY COMMUNICATION WITHIN OTTER TAIL COUNTY
Otter Tail County Resolution No. 2008 -65
WHEREAS, it is a basic responsibility of the County to provide for the health and welfare of its
citizens; and
WHEREAS, the Federal Communications Commission (FCC) has issued regulations which
require the replacement of wideband Land Mobile Radio (LMR) systems operating in the Very High
Frequency (VHF) and Ultra High Frequency (UHF) spectrum by 2013; and
WHEREAS, public safety agencies throughout the country, including public safety agencies
within Otter Tail County, have relied upon wideband LMR systems to provide vital public safety
communications for law enforcement, fire, emergency medical services, public works, disaster
response and other vital government services; and
WHEREAS, the County has worked with the Central Minnesota Regional Radio Board
(CMRRB), of which it is a participating member, to complete a comprehensive assessment of public
safety communication within the County; and
OTC Board of Commissioners' Minutes
December 2, 2008
Page 2
WHEREAS, the County has been presented with a public safety communication assessment
(hereinafter "Assessment") conducted by Geo-Comm, Incorporated, which included an assessment of
the alternatives that exist for the County to replace the public safety communication infrastructure
within the County.
NOW, THEREFORE, BE IT RESOLVED the Otter Tail County Board of Commissioners
hereby accepts the Assessment as an accurate assessment of public safety communication needs
within the County and of the alternatives that reasonably exist to replace the public safety
communication infrastructure within the County, and be it further;
RESOLVED, that the Otter Tail County Board of Commissioners adopt the Allied Radio Matrix
for Emergency Response (ARMER) participation alternative specified in the Assessment as the most
appropriate and best option for the County to replace the public safety communication infrastructure
within the county, and be it further;
RESOLVED, that the Otter Tail County Sheriff (hereinafter "Sheriff) is instructed to develop a
participation plan (hereinafter "Plan") for the migration of and participation of all county and local
governments and public safety agencies located and operating within the County to the ARMER
public safety communication system, and be it further;
RESOLVED, that the Plan developed by the Sheriff shall include and provide for a proposed
budgets for the integration of public safety agencies to the ARMER public safety communication
system, for competitive bids documents and proposals for local enhancements or improvements
required for county participation and proposed contracts for equipment and services necessary to
complete the integration of public safety agencies to the ARMER public safety communication system,
and be it further;
RESOLVED, the Assessment providing the basis of this action shall be submitted to the
CMRRB with a recommendation that the Assessment be incorporated into the CMRRB regional public
safety communication plan and that the Sheriff is authorized to submit the Assessment and the Plan
to the CMRRB, to the Minnesota Departments of Transportation and Public Safety and to the
Statewide Radio Board, as may be necessary to gain final approval for the County participation in the
ARMER public safety communication system as provided for in the Plan.
Motion by Commissioner Mosher, seconded by Commissioner Froemming
READ AND PASSED this 2nd day of December, 2008.
Dated: __ l'--=2=--_,_,I (p.,_--o~'.K~---
Recess & Reconvene
At 10:54 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners recessed for a short break. The meeting was reconvened at 10:57 a.m.
'
OTC Board of Commissioners' Minutes
December 2, 2008
Page 3
Public Hearing -Pioneer Home Senior Housing and Health Care Project Financing
Pursuant to due call and notice thereof, a regular meeting of the County Board of the County
of Otter Tail, Minnesota, was duly called and held at the County Courthouse on Tuesday, the 2nd day
of December, 2008 at 11 o'clock A.M., for the purpose in part of adopting a resolution approving the
issuance of a revenue Note by the Housing and Redevelopment Authority in and for Otter Tail County,
Minnesota (the "HRA"} to finance and refinance a health care development project.
The following Commissioners were present:
Commissioners Nelson, Erickson, Mosher, Froemming, and Block
and the following were absent: None
The Board then proceeded to consider and discuss the Resolution, after which member
Bob Block moved its adoption; and upon motion for the adoption of the following resolution was duly
seconded by member Dennis Mosher and, after a full discussion thereof and upon vote being taken
thereon, the following voted in favor thereof:
Commissioners Nelson, Erickson, Mosher, Froemming, and Block
and the following voted against the same: None
Whereupon said resolution was declared duly passed and adopted.
RESOLUTION APPROVING THE ISSUANCE OF A
HEAL TH CARE REVENUE NOTE (PIONEER HOME PROJECT)
BY THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR OTTER TAIL COUNTY, MINNESOTA
Resolution No. 2008 -66
WHEREAS,
1. On December 2, 2008, the Housing and Redevelopment Authority in and for Otter Tail
County, Minnesota (the "HRA") adopted a Resolution authorizing the issuance of a health care
revenue Note in the maximum aggregate principal amount of $10,000,000 (the "Note") to assist in
financing and refinancing existing debt of Pioneer Home Incorporated, (the "Borrower") incurred in
connection with (i) acquiring, constructing and equipping a 105-bed nursing home to be located at
1131 Mabelle Avenue South in the City of Fergus Falls, Minnesota (the "City") (former Lutheran Social
Services site): (ii) refinancing outstanding indebtedness of the Borrower incurred to finance the
following: (a) acquiring, constructing and equipping an 18-unit, 8,500 square foot Alzheimer facility
located at 1305 and 1307 Mabelle Avenue South in the City; (b) acquiring, constructing and equipping
an 18-unit, 8,500 square foot Alzheimer facility, to be located at 1315 and 1317 Mabelle Avenue
South in the City: (c) acquiring, constructing and equipping a 16-unit, 7,600 square foot Alzheimer
facility, 1325 and 1327 Mabelle Avenue South in the City: (d) constructing capital improvements to the
110-bed skilled nursing facility located at 1006 South Sheridan Street in the City; and (iii) funding
necessary reserves and financing various expenditures incurred in connection with the issuance of
revenue obligations. The Project will be owned and operated by the Borrower.
OTC Board of Commissioners' Minutes
December 2. 2008
Page4
2. The Board has been advised that Section 147(f) of the Internal Revenue Code of 1986,
as amended (the "Code") and the Treasury Regulations promulgated thereunder require that prior to
the issuance of the Note, the "applicable ele.cted representative" of the governmental unit issuing the
Note approve the issuance of the Note subsequent to a public hearing.
3. The Board is the "applicable elected representative" for purposes of the Code.
4. The HRA held a public hearing on the issuance of the Note on December 2, 2008, and
following the public hearing approved the issuance of the Note.
NOW, THEREFORE, BE IT RESOLVED by the County Board of Otter Tail County that, in
accordance with the requirements of the Code, the Board hereby approves the Project and issuance
of the Note by the HRA for the purposes described above.
Ado~ed by the Boacdoa Decembe, 2, 2ooa
8
Y ~11~
Attest: ' / /J Ch 1r
Clerk hvJ~
Fergus Falls Transfer Station
Solid Waste Director, Mike Hanan, updated the Board on the Fergus Falls Transfer Station building
project. Previously, the general contractor had received an extension for the completion of the
building from October 14, 2008 to December 4, 2008. Mr. Hanan reported that the extended date will
not be met and one of the biggest issues is lack of blacktopping, which won't be completed until
spring. Mr. Hanan requested authority from the Board to negotiate with the general contractor as
there will be costs associated with the delay and there are liquidated damages in the construction
contract. The County Board, by consensus, requested that Mr. Hanan proceed with discussions and
return to the Board on December 23'd in a closed session.
Undue Hardship Overview
Human Services Director, John Dinsmore, and Human Services Supervisor, Barb Dehrer, provided a
handout with information on how Undue Hardship requests relative to Minnesota Health Care
Programs are handled, citing the Minnesota Statutes and rules that apply, and information about
Assets and Lien and Estate Recovery. Lengthy discussion took place regarding a specific case with
extenuating circumstances regarding the value of the property which is the asset being considered.
Motion by Froemming, second by Block, to reaffirm the previous decisions of the Human Services
Department to deny the Hardship Waiver request based on statutory and policy manual criteria.
Motion failed 2 -3 with Mosher, Erickson, and Nelson opposed. Commissioners stated that the
Human Services Department is doing a good job with these types of requests but this is an unusual
circumstance. They requested that Mr. Dinsmore meet with the Assessor for additional research and
return to the Board on December 16, 2008.
j .
Payment Approval
OTC Board of Commissioners' Minutes
December 2, 2008
Page 5
Motion by Froemming, second by Block, and unanimously carried to approve payment, in the amount
of $125.00, to Lake Region Healthcare Corporation for medical examination services for Case No.
08017747 as provided under the provision of Minnesota Statute 609.35.
Otter Tail Ag Enterprises
Motion by Erickson, second by Mosher, and unanimously carried to authorize the Chairman's
signature to execute an agreement between the County of Otter Tail and Otter Tail Ag Enterprises as
submitted by the County Attorney.
Web Enabled Payroll
Motion by Block, second by Erickson and carried, with Froemming and Mosher opposed, to authorize
the Chair's signature on a Web Services Agreement with D & T Ventures for the development and
installation of a Web Enabled Payroll -Employee Self Service Module with the costs as follows:
One Time Implementation $2,500.00
Monthly Maintenance Fee $ 275.00
Final Payment-S.A.P. 056-600-021
Motion by Erickson, second by Mosher, and unanimously carried to approve Final Estimate No. 5, in
the amount of $14,590.71, payable to Mark Sand & Gravel Co. for completion of Bituminous Tight
Blade and Wear Courses work, Maplewood State Park.
RESOLUTION ACCEPTING RESPONSIBILITY AS THE SPONSORING AGENCY
Otter Tail County Resolution No. 2008 -67
BE IT RESOLVED THAT: Otter Tail County act as sponsoring agency for a "Transportation
Enhancements" project identified as Battle Lake to Glendalough Interconnection Trail and
acknowledges herewith that it is willing to be the project sponsor; knowing full well that such
sponsorship includes a willingness to secure and guarantee the local share of costs associated with
this project and responsibility for seeing this project through to its completion, with compliance of all
applicable laws, rules and regulations.
BE IT FURTHER RESOLVED THAT: Richard K. West, P.E., County Engineer is hereby authorized to
act as agent on behalf of this applicant.
Motion by Commissioner Froemming, seconded by Commissioner Erickson, and unanimously carried
and adopted this 2nd day of December, 2008.
Dated: _...,_1_2_-~I \o~::0~1$ ___ _ D OF COMMISSIONERS
At~st ~tt-
LarryYrch: Clrk
OTC Board of Commissioners' Minutes
December 2, 2008
Page 6
AGREEMENT TO MAINTAIN FACILITY
Otter Tail County Resolution No. 2008 -68
WHEREAS: The Federal Highway Administration (FHWA) requires that states agree to
operate and maintain facilities constructed with federal transportation funds for the useful life of the
improvement and not change the use of right of way acquired without prior approval from the FHWA;
and
WHEREAS: Transportation enhancement projects receive federal funding from the Surface
Transportation Program (STP) of the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU); and
WHEREAS: the Minnesota Department of Transportation (Mn/DOT) has determined that for
projects implemented with transportation enhancement funds, this requirement should be applied to
the project sponsor; and
WHEREAS: Otter Tail County is the project sponsor for the transportation enhancement
project identified as Battle Lake to Glendalough Interconnection Trail.
THEREFORE BE IT RESOLVED THAT: the Project Sponsor hereby agrees to assume full
responsibility for the operation and maintenance of property and facilities related to the
aforementioned transportation enhancement project.
Motion by Commissioner Froemming, seconded by Commissioner Erickson, and unanimously carried
and adopted this 2nd day of December, 2008.
Fort Juelson Agreement
Motion by Mosher, second by Block, and unanimously carried to authorize the Chairman's signature
to execute an Agreement between the County of Otter Tail and Stanley Rudsenske as presented by
the County Attorney. The agreement will provide for the donation of land known as the Fort Juelson
site.
Closed to the Public -Labor Negotiation Strategies
At 12:42 p.m., Chairman Nelson 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 Government Services Technical Union. Present were all five seated Commissioners, County
Attorney, County Coordinator and Board Secretary.
I .
Adjournment
OTC Board of Commissioners' Minutes
December 2, 2008
Page 7
At 12:58 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, December 16, 2008.
Dated: _..,_I 2...=--_.l..,,.b-O'-=':.u8'-----0 RD OF COMMISSIONERS
Attest: ..J;.ko{,(.,t1,.:f~"'~l'iil!"''_..lJ,..i.~6t;·;,.,,. __ _ Carrikitihn~
CB/kd
•
OTC Board of Commissioners' Minutes
December 2, 2008
Attachment A, Page 1
WARRANTS APPROVED ON 12/02/2008 FOR PAYMENT 12/02/2008
VENDOR NAME
A'VIANDS LLC
RICHARD AKERMAN
API GDS
BRIGGS CORPORATION
CENTRAL STATES WIRE PRODUCTS I
CERTIFIED AUTO REPAIR
CHARTER COMMUNICATIONS
COMMISSIONER OF TRANSPORTATION
COMPUTER INFORMATION SYSTEMS
DACOTAH PAPER COMPANY
ELECTION SYSTEMS & SOFTWARE IN
ENVIROTECH SERVICES INC
CITY FERGUS FALLS
FOTH & VAN DYKE
FRAZEE FORUM INC
GALL'S INC
JARED GREFSRUD
HOUSTON ENGINEERING INC
ID AMERICA
INNOVATIVE OFFICE SOLUTIONS
RODNEY JENSEN
K.I.D.LEASING
KELLY SERVICES INC
LANDWEHR CONSTRUCTION INC
LARRY OTT INC TRUCK SERVICE
MARCO
MARCO INC FARGO
MID STATE SERVICES
MIDWEST TESTING LABORATORY
MIDWESTERN MAT RENTAL & SUPPLY
MINNKOTA
MN OFFICE OF ENTERPRISE TECHNO
NORTHLAND COLLEGE
NOVA FIRE PROTECTION
OFFICEMAX INCORPORATED
OTTER TAIL CO EMPLOYEES COMMIT
OTTER TAIL CO TREASURER
OTTERTAIL TRUCKING INC
OVERHEAD DOOR CO OF FERGUS FAL
PACE ANALYTICAL SERVICES INC
PAMIDA INC 008
PELICAN RAPIDS PRESS
PITNEY BOWES
PRODUCTIVE ALTERNATIVES INC
RDO TRUCK CENTERS
RELIABLE OFFICE SUPPLIES
REVIEW ENTERPRISES INC
RICK LEITCH BACKHOE SRVC & PJ
RILEY BROS CONSTRUCTION INC
ROTHSAY FARMERS CO OP
VICKI SCHWANKE
TRIMIN SYSTEMS INC
JO WEATHERLY
WHITE BANNER UNIFORM SHOP
•••• FINAL TOTAL ...
AMOUNT
3,962.37
33.93
503.65
181.50
3,455.27
390.67
65.55
16,230.85
17,000.00
232.71
498.42
13,118.77
4,818.93
14,795.20
43.20
471.41
6,12802
907.50
181.05
199.28
188.27
256.44
259.36
739.00
1,525.00
401.95
225.21
25.00
788.50
143.67
29.00
1,200.00
900.00
436.00
128.45
5.00
439.45
7,086.30
336.58
3,009.00
8.82
261.00
1,008.00
78.60
89.64
190.48
70.40
412.50
491.55
41.43
63.82
2,431.20
1,123.02
198.50
$107,809.42 ••••