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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/07/2009MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 W. Fir Avenue, Fergus Falls, MN Tuesday,April7,2009 9:15 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, April 7, 2009, at 9: 16 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners Roger Froemming, Vice-Chair; Doug Huebsch and Lee Rogness present. Chairman Everett Erickson and Commissioner John Lindquist were present at 9:25 a. m. due to attendance at a Personnel Committee meeting. Approval of Agenda Motion by Huebsch, second by Rogness, and unanimously carried to approve the Human Services Board agenda of April 7, 2009 with the following change: Probation Director Agenda Items Canceled and Replaced with County Ditch No. 50 Discussion Approval of Minutes Motion by Froemming, second by Huebsch, and unanimously carried to approve the Human Services Board meeting minutes of March 24, 2009, as presented. Committee of the Whole Discussion Discussion took place regarding: 1) upcoming Extension Committee meeting and relative discussion on the proposed Feedlot and Ag positions, 2) Emergency Management/Safety Director position which will be vacant in May of 2009. County Ditch No. 50 Ditch Inspector, Randy Wasvick, reported that a cart trail on 210th Street which is used by school busses has been washed out. Orwell Township has requested permission to replace the old pipe that is rotted to fix the problem. Motion by Rogness, second by Lindquist, and unanimously carried to authorize Orwell Township to replace the same size culvert (36") under the cart way on 210th Street at the same elevation. Expenses will be paid by the Township. Human Services Department Legislative Update: Human Services Director, John Dinsmore, submitted the Minnesota Association of County Social Service Administrators Legislative Update dated March 27, 2009. As the legislative session proceeds, bill proposals are continually changing and final results will not be known until the end of the session. Mr. Dinsmore briefed the Board on the MACSSA alternative proposal to the Governor's proposal which regionalizes delivery of Human Services and creates 15 regions based on population. The MACSSA proposal replaces regionalization with voluntary collaboration throughout counties based on results and performance goals rather than population. 2008 Annual Report: Mr. Dinsmore submitted the "Otter Tail County Human Service Department 2008 Annual Report" and briefed the Board on various statistics. Mr. Dinsmore discussed a potential population and age shift in Otter Tail County over the next twenty years, increased unemployment, poverty, and cost of medical care. During CY2007, total Human Services dollars spent in Otter Tail County was reported as OTC Board of Commissioners' Minutes April 7, 2009 Page 2 $92,891,685 compared to $8,587,114,817 statewide Of the $92,891,685 spent in Otter Tail County, $56,171,821 was spent for people on medical programs, mostly for nursing homes and elderly costs. Otter Tail County Proclamation Family Child Care Provider Week May 4th -May s'" 2009 Otter Tail County Resolution No. 2009 -17 Commissioner Rogness offered the following resolution: WHEREAS, Otter Tail County has over 140 licensed family child care providers; and WHEREAS, Otter Tail County family child care providers serve approximately 1,500 children and their families; and WHEREAS, children are Otter Tail County's most valuable asset and resource; and WHEREAS, the care and education of Otter Tail County's children provided by licensed family child care givers is an invaluable occupation; and WHEREAS, many Otter Tail County families choose child care outside their own home; and WHEREAS, licensed family child care providers are highly competent, dedicated, caring, and concerned professionals. NOW, THEREFORE, BE IT RESOLVED, That the Otter Tail County Board of Commissioners hereby proclaim the week of May 4th -8th 2009, as Licensed Family Child Care Provider Week in Otter Tail County, in honor of its many licensed family child care providers, and asks the community to join in recognizing the valuable contributions these family child care providers make to our community Commissioner Lindquist seconded the motion to adopt the above resolution, and upon being put to a vote, the resolution was unanimously adopted. Adopted this 7TH day of April 2009 Dated: _ _.Ooc.'{.,_-_,lc....'iL..-_.o'-'1..._ __ _ OTTER TAIL COUNTY HUMAN SERVICES BOARD By 0~P. c~ Everett P. Erickson, Human Services Board Chair Child Abuse Prevention Proclamation Otter Tail County Resolution No. 200 -18 Commissioner Froemming offered the following resolution: WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community; OTC Board of Commissioners' Minutes April 7, 2009 Page 3 WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by the entire community. WHEREAS, effective child abuse prevention succeeds because of partnerships created between parents, practitioners, schools, faith communities, health care organizations, law enforcement agencies, and the business community; WHEREAS, family-serving, youth-focused prevention programs offer positive alternatives for young people and encourage parents and youth to develop strong ties to their communities; WHEREAS, all citizens need to be more aware of child abuse and neglect and its prevention within the community, and be involved in supporting parents to raise their children in a safe, nurturing society. NOW, THEREFORE, BE IT RESOLVED, That the Otter Tail County Board of Commissioners hereby proclaim April 2009 as Child Abuse Prevention Month in Otter Tail County, and call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in efforts to prevent child abuse and neglect, thereby strengthening the communities in which we live. Commissioner Huebsch seconded the motion to adopt the above resolution, and upon being put to a vote, the resolution was unanimously adopted. Adopted this 7 TH day of April 2009 Dated: q,t -t'I-O't OTTER TAIL COUNTY HUMAN SERVICES BOARD Attest: J~ ~ Larry Kron, Cl rk By: ?~P. GA_~ Everett P. Erickson, Human Servicessoar-dchaif Adjournment At 10:20 a.m., Chairman Erickson declared the meeting of the Otter Tail County Human Services Board adjourned until 9:15 a.m. on Tuesday, April 14, 2009. OTTER TAIL COUNTY HUMAN SERVICES BOARD Byq,~P-GAA.~ Everett P. Erickson, Human ServicesBoardChaTr Call to Order The Otter Tail County Board of Commissioners convened Tuesday, April 7, 2009, at 11 :00 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners Everett Erickson, Chair; Roger Froemming, Vice-Chair; John Lindquist, Doug Huebsch and Lee Rogness present. Approval of Agenda Motion by Rogness, second by Froemming, and unanimously carried to approve the Board of Commissioners agenda of April 7, 2009, as presented. OTC Board of Commissioners' Minutes April 7, 2009 Page4 Approval of Minutes Motion by Froemming, second by Lindquist, and unanimously carried to approve the Board of Commissioners meeting minutes of March 24, 2009, as mailed. Approval to Pay Bills Motion by Huebsch, second by Rogness, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Wetland Conservation Act Exemption Request County Attorney, David Hauser, began discussion regarding the WCA Exemption requests of David Stock. Mr. Hauser stated facts as follows: 1) the Technical Evaluation Panel determined that there was filling done in a wetland and that it is a violation, 2) the property owner is Charles Evenson, 3) a request for Exemption was made by letter (dated February 5, 2009) from H. Morrison Kershner on behalf of his client, David Stock, 4) Land & Resource Office Administrator, Bill Kalar, wrote a letter (dated February 24, 2009) denying the Exemption request under MN Rules, 5) the decision for the WCA Exemption must be made by the Local Government Unit, which is the County Board unless the Board had delegated the authority to staff, 6) Upon delegation of that authority to staff, an Appeals process should have been established, 7) no Appeals process had been established; therefore, a decision regarding the requested WCA Exemption must be made by the County Board, 8) this was scheduled on March 31, 2009; however, the meeting was re-set to April 7· 2009 because of a blizzard, 9) the primary consideration is whether a Minnesota Statute or Rule applies, with a second Exemption request depending on the factual question of the type of wetland involved, and a third Exemption resulting from maintenance and repair of an existing drainage system. Mr. Hauser stated that there is a pending Restoration Order from a Conservation Officer to restore this wetland. He informed the Board that their decision needs to be based on whether the Statute applies in this case or the Rule, which is more restrictive. If the Board determines that the Rule applies, then a decision is required on whether this property is a Type 1, 2, or 3 wetland. If the property is a Type 3 wetland, does the maintenance and repair of existing.drainage system Exemption apply. ·· Attorney, Josh Heggem, spoke on behalf of H. Morrison Kershner and his client, David Stock. First, he stated their position that the statute applies rather than the rule, but if the County Board determines that the rule applies, secondly, the property is not a Type 3 wetland, in which case exemption from the WCA is appropriate. The third part is exemption for maintaining drainage systems which isn't limited to type of wetland in either the statute or the rule. David Stock, who farms the property provided a background of activities on the property, provided maps and pictures, and stated that the property meets the requirement for an, exemption because the property has been farmed more than 6 out of the last 10 years prior to January 1; 1991,. He handed out pictures of Type 1, 2, & 3 wetlands along with definitions provided by the DNR. Mr. Stock stated that the property is not a Type 3 wetland and if Type 3 wetland vegetation was found in the area, it could have been brought in from spoils when the County Road 1 project was completed. WOTSWCD Manager and Technical Evaluation Panel member, Brad Mergens stated that the Tech Panel, as well as the State Board of Water & Soil Resources, have been trained on identifying and typing wetlands and made the designation of Type 3 wetland for this property. The USDA and the NRCS also independently, found this wetland to by a Type 3. He stated findings of wetland vegetation including bulrushes, canary grass, and cattails that are indicative of Type 3 wetlands. Mr. Heggem referred the group to Mr. Kershner's letter which addresses the issue of type of wetland and maintenance of an existing drainage system. Mr. Mergens addressed the issue of where the fill was OTC Board of Commissioners' Minutes April 7, 2009 Page 5 placed in the wetland and stated that this cannot be considered maintenance of the tile area. Lengthy discussion continued. Motion by Lindquist, second by Froemming, and carried to deny the WCA Exemptions request of David Stock based upon the findings of the Otter Tail County Technical Evaluation Panel (document dated March 30, 2009). Chairman Erickson called for a roll call vote. Motion carried as follows: Yea Nay Abstain Commissioner Froemming Commissioner Lindquist Commissioner Huebsch Commissioner Rogness Commissioner Erickson The record consists of: X X X X X all materials presented to the Board by Mr. Kalar and the entire file from the Land & Resource Management Office a letter to John Lindquist from Jennifer Frank on behalf of David Stock which states Mr. Stock's position the Tech Panel's proposed Findings of Fact pending appeal to the State Board of Water and Soil Resources Memo from Bill Kalar dated March 24, 2009 that went to the County Board with Technical Evaluation Panel Findings of Fact Letter dated April 6, 2009 to the County Board from H. Morrison Kershner Various maps and pictures presented at today's meeting including pictures of Type 1, 2, & 3 wetlands 2007 Rainfall Statistics Booklet consisting of timeline of activity on the farm, certifications of acres planted, letter to Mr. Johnson of the Ag Department, photographs, and affidavits. Recess & Reconvene At 12:43 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1 :01 p. m. County Ditch No. 16 Clitherall Lake Property Owners, Jeff Stabnow, Don Davenport and Lyman Trutna, submitted a memo dated April 7, 2009, with a request to remove cattails out of Ditch No. 16 and an update of the Houston Engineering Ditch 16 Proposal for Engineering Services. After lengthy discussion, motion by Huebsch, second by Lindquist, and carried with Froemming opposed, to deny the request to do work in Ditch 16 until an Engineering Study is completed. The redetermination of benefits needs to be accepted after the Ditch Viewers re-assess issues brought up at the recent Ditch 16 Public Hearing. Highway Project Bid Awards S.A.P. 56-622-07 Motion by Rogness, second by Huebsch, and unanimously carried to award the CSAH 22 Overlay Project to Central Specialties Inc. of Alexandria, MN as the low bidder at the bid price of $1,098,985.51. The bids opened at 1 :00 p.m. on March 18, 2009 were as follows: Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Co. Fergus Falls, MN $1,098,985.51 $1,168,54185 OTC Board of Commissioners' Minutes April 7, 2009 Page 6 Knife River Corp. Bemidji,MN Lakes Paving Division of Strata Detroit Lakes, MN C.P. 09.·128CU $1,265,068.19 $1,757,221.20 Motion by Froemming, second by Lindquist, and unanimously carried to award the Box Culvert Replacement project on County Highway 128 on Balmoral Creek to Sunblad Construction, Inc. of Cokato, MN as the low bidder at the bid price of $131,729.95. The bids opened at 1 :00 p.m. on March 18, 2009 were as follows: Sundblad Construction, Inc. Cokato, MN Midwest Contracting, LLC Marshall, MN Mark & Brenda Construction Oba Delzer Construction Fergus Falls, MN Riley Bros. Construction, Inc. Morris, MN Central Specialties, Inc. Alexandria, MN 2009 Seasonal Supplies $131,729.89 (corrected bid -$131,729.95) $137,085.00 $147,202.80 $146,023.90 (corrected bid -$148,023.90) $149,899.10 Motion by Froemming, second by Huebsch, and unanimously carried to approve the following purchases for 2009 Seasonal Supplies: Bituminous Material Flint Hills Resources, LP St. Paul, MN Hot Mix Bituminous (East) Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Co. Fergus Falls, MN Wadena Asphalt, Inc. Wadena, MN Hot Mix Bituminous (West) Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Co. Fergus Falls, MN $2.4990 $205,880.00 $210,000.00 $175,360.00 $154,410.00 $157,500.00 Hot Mix Bituminous (North) Central Specialties, Inc. Alexandria, MN OTC Board of Commissioners' Minutes April 7, 2009 Page 7 $154,410.00 Lakes Paving Division of Strata Detroit Lakes, MN $159,000.00 Mark Sand & Gravel Co. Fergus Falls, MN Signing Materials Newman Signs, Inc. Jamestown, ND Winter Sand Aggregate Industries-NCR Moorhead, MN Culverts Johnston Fargo Culvert, Inc. St. Paul, MN Herbicides State Bid -Contract Pending $157,500 00 $57,308.63 7.87/Ton (Delivery Location -Pelican Rapids & Erhard) State Bid -Contract #434075 03/01/05 -02/28/2010 Recommend Purchase from State Bid Flood Damage Documentation Highway Engineer, Rick West, submitted a memo notifying Townships and Cities that Otter Tail County has started the process of requesting State and Federal financial assistance for flood damages. LAKE OLAF DRAWDOWN PROJECT OTTER TAIL COUNTY RESOLUTION #2009 -16 Upon the motion of Commissioner Froemming, seconded by Commissioner Rogness, on a unanimous vote, ~voting for and Q_voting against, the Otter Tail County Board of Commissioners adopted the NEGATIVE EIS DECLARATION, FINDINGS OF FACT, and CONCLUSIONS OF LAW AND ORDER in the matter of the decision of the need for an Environmental Impact Statement for the Otter Tail County Highway Department proposal for construction and operation of the Lake Olaf Drawdown Project near Pelican Rapids, in Otter Tail County, Minnesota, on the 7th day of April, 2009. Dated: --=P'{_,_-:..1..,_'(_-=o_.f ___ _ Attest ~ ~ LarryKron, erk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:~~ P. §,~ Everett P. Erickson, Board of Commissioners Chair OTC Board of Commissioners' Minutes April 7, 2009 Page 8 Johnson Lake Project Motion by Lindquist, second Huebsch, and unanimously carried to authorize the appropriate County Officials' signatures to execute a contract between the County of Otter Tail and Feldt Plumbing, LP of Detroit Lakes, MN to continue pumping operations for 2009 for C.P. 05:12 outlet (Johnson Lake). Appraiser Trainee Assessor, Bob Moe reported that the current Appraiser Trainee has received his certified MN Assessor's License and is qualified to move to the Appraiser I position. Green Acres Law (H.F. 392) Mr. Moe stated that Green Acres Law (H.F. 392) was signed by the Governor. He briefed the Board on the changes. License Application Motion by Lindquist, second by Froemming, and unanimously carried to approve the following application for license: Clear Lake Resort 12296 27th Ave Dalton, MN 56324 Renewal of Consumption and Display Permit Exempt Permit Motion by Froemming, second by Huebsch, and unanimously carried, to approve with no waiting period, the LG220 Application for Exempt Permit as submitted by the Perham Sportsman's Club for an event scheduled on Thursday, May&, 2009 at The Cactus. Adjournment At 2:16 p.m., a motion was offered by Rogness, seconded by Huebsch, and unanimously carried to adjourn the Otter Tail County Board of Commissioners meeting until Tuesday, April 14, 2009. Dated: _......,t!>,ccl(J..:-:...cf.=lfcc-:...c/J.,_1L-__ _ Attest ~ ~ LarryKrhn, erk OTTER TAIL COUNTY B?{RD OF COMMISSIONERS By:&~ (-J. ~ Everett P. Erickson, Board of Commissioners Chair CB/kd • OTC Board of Commissioners Minutes April 7, 2009 Attachment A, Page 1 WARRANTS APPROVED ON 4/07/2009 FOR PAYMENT 4/07/2009 VENDOR NAME A-1 ENGRAVING A'VIANDS LLC AMERICAN SOLUTIONS FOR BUSINES AMERICAN TOWER CORPORATION AMERICINN AMERICINN FERGUS FALLS CHERI ANDERSON SCOTT ANDERSON BACHMAN PRINTING COMPANIES BEYER BODY SHOP INC RONALD BOWMAN BRANDON COMMUNICATIONS INC DION BREDMAN BRIGGS CORPORATION BR31 US BEARINGS & DRIVES WADE BUGBEE BUY-MOR PARTS & SERVICE LLC CAREER TRACK CHARTER COMMUNICATIONS CITIZENS ADVOCATE AND VERNDALE CODE 4 SERVICES LLC CONVERGENT SOLUTIONS GROUP LLC COOPERS TECHNOLOGY GROUP CULLIGAN WATER CONDITIONING DICK'S STANDARD MICHELLE ELDIEN ENCOVER CONTRACT SERVICES MICHAEL EULL FERGUS FALLS DAILY JOURNAL FERGUS FALLS MEDICAL GROUP FERGUS FALLS POLICE DEPT CITY FERGUS FALLS GALL'S INC GIRL SCOUT TROOP 30387 GODFATHERS EXTERMINATING INC GOOD POINTE ZOOM KAREN GORENTZ DALLAS GREWE KATHRYN HANSON BRUCE HAUGRUD HEALTHCARE ENVIRONMENTAL SERVI HIGH PLAINS TECHNOLOGY HITESMAN & ASSOCIATES PA HOMEWOOD SUITES BY HILTON HOUSTON ENGINEERING INC INNOVATIVE OFFICE SOLUTIONS J J KELLER & ASSOCIATES INC JACKPOT JUNCTION JK SPORTS JILL KLUCK DARREN KUNZ 60.00 LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEALTH CENTER PAT LARUM LAWSON PRODUCTS INC LITTLE BEAR TOWING LOCATORS & SUPPLIES INC AMOUNT 59.64 8,348.26 2,121.86 94.91 821.54 321.50 59.50 44.96 293.42 90.53 7.87 755.79 45.00 74.94 98.64 52.65 39.98 695.00 65.56 39.75 379.50 14,396.91 528.85 10.65 56.00 69.69 1,226.88 2,177.00 156.00 3,879.71 379.65 2,971.51 946.57 250.00 138.66 1,625.75 300.00 77.42 185.50 197.00 58.20 6,698.39 96.00 445.68 1,079.25 5,322.03 1,125.87 615.48 173.40 61.99 577.22 155.00 68.88 103.74 330.16 264.34 OTC Board of Commissioners' Minutes April 7, 2009 Attachment A, Page 2 MARCO MARCO INC ST LOUIS WENDY METCALF MIDWESTERN MAT RENTAL & SUPPLY MN CO ATTORNEYS ASSOCIATION MN DEPT OF COMMERCE MN HUMAN SERVICES MN SHERIFFS' ASSOCIATION ANNE MUELLER NAPA FERGUS FALLS NELSON AUTO CENTER NELSON BROS PRINTING NOLO NORTHERN SAFETY TECHNOLOGY INC OCTAVE SYSTEMS INC OFFICEMAX INCORPORATED OK TIRE STORES OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO TREASURER OTTERTAIL TRUCKING INC OVERHEAD DOOR CO OF FERGUS FAL OVERHEAD DOOR DOCTOR PAKORINC PAT'S POLYGRAPH SERVICE LLC PELICAN RAPIDS PRESS PETE'S BODY SHOP & TOWING PIONEER RIM & WHEEL CO PITNEY BOWES POWER PLAN PUBLIC SAFETY CENTER INC QUILL CORPORATION RAPID CHEK INC RAY'S OIL COMPANY RDO EQUIPMENT CO ROYAL TIRE INC SERVICE FOOD SUPERVALU SEWER SERVICE PAUL SIMENGAARD SOUTHTOWN C-STORE SHARON SPENCER SRF CONSUL TING GROUP INC STADUM PLUMBING & GRAVEL LLP STEVE SCHIERER APPRAISALS STEVENS SOIL & WATER CONSERVAT STREICHERS RICKY SWANBERG HEIDI TOSO TRANQUILITY BUILDING SERVICES UNIFORMS UNLIMITED UNIVERSITY OF MN VICTOR LUNDEEN COMPANY VISION SOLUTIONS INC WHITE BANNER UNIFORM SHOP ZACK JONES & MAGNUS 3RD DISTRICT SHERIFF'S ASSOCIA .... FINAL TOTAL ... 63.70 225.21 42.59 79.72 225.00 375.00 871.08 75.00 8.50 32.63 2,596.88 111.83 213.18 571.11 619.00 119.89 253.98 1,208.00 2,097.47 5,943.60 689.36 50.00 1,837.00 500.00 76.77 160.00 325.75 486.41 190.96 199.61 207.02 867.00 2,957.46 1,544.25 462.89 60.70 80.00 104.74 964.76 6.79 3,580.97 400.00 600.00 6,136.00 524.61 7.87 35.15 452.63 2,181.17 195.00 2,131.86 30,579.99 88.00 4,093.54 50.00 $139,881.81 ....