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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/26/2009MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 W. Fir Avenue, Fergus Falls, MN May 26, 2009 9:15 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, May 26, 2009, at 9:17 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 Human Services Board agenda of May 26, 2009 as mailed. Approval of Minutes Motion by Froemming, second by Lindquist and unanimously carried to approve the Human Services Board minutes of May 12, 2009 as presented. Committee of the Whole Discussion Discussion took place regarding County budget, the State unallotment process, and the elimination of the General Assistance Medical Care (GAMC) program. Governor Pawlenty eliminated $381 million dollars in funding for the GAMC program in FY2011 by using his line item veto power. The clients enrolled in this program may be eligible for MinnesotaCare. County Attorney, David Hauser, reported that, with the hiring freeze, Otter Tail County has ten positions that have not been filled. Public Health Department Public Health Director, Diane Thorson, provided a legislative update. She presented the definition of a Public Health Nuisance (M.S. 561.01) along with a list of specific situations/recommendations that could be considered a Public Health Nuisance. After hearing the Public Health Director's report, a motion was offered by Rogness, seconded by Lindquist and unanimously carried to approve the recommendations and include them in the Otter Tail County Public Health Nuisance policy as presented. Ms. Thorson reported that her Department receives many concerns regarding housing situations. She provided handouts entitled "Otter Tail County Public Health Housing and Health Recommended Standards". Budget Planning for CY2010 Human Services Director, John Dinsmore, provided a copy of a letter that has been mailed to Human Services providers expressing the County's concern for potential State budget cuts to local government. The letter requests that the providers submit program and budget requirements from the County by the end of June, 2009. Mr. Dinsmore also provided the Board a packet of information regarding funding that will be available over the next two years under the American Recovery and Reinvestment Act (ARRA). OTC Board of Commissioners' Minutes May 26, 2009 Page2 Funeral Allowance Expenses Motion by Rogness, second by Huebsch and unanimously carried to approve a base rate of $125.00 for Removal/Transfer and $110.00 for the Hearse in the Otter Tail County Human Services Funeral Allowance Expenses for adults as recommended by the Human Services Director. Approval to Pav Bills & Claims Motion by Froemming, second by Lindquist and unanimously carried to approve payment of the Human Services bills and claims as presented. Recess & Reconvene At 10:30 a.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:35 a.m. Committee Attendance County Coordinator, Larry Krohn, reported that the West Central Regional Juvenile Center (WCRJC) has requested a Budget Meeting at 9:30 a.m. on May 28, 2009, at the Clay County Courthouse. Discussion followed. Adjournment At 10:38 a.m., Chairman Erickson declared the meeting of the Otter Tail County Human Services Board adjourned until 9:15 a.m. on Tuesday, June 9, 2009. Dated: 0 0 / o 'l / 2.oo'-/ f I Attest: ~ ~ LarryKrn,lerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:~~P.~~ Everett P. Erickson, Human Services Board Chair Call to Order The Otter Tail County Board of Commissioners convened Tuesday, May 26, 2009, at 10:30 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 Froemming, second by Lindquist and unanimously carried to approve the Board of Commissioners agenda of May 26, 2009, with the following additions. Conditional Use Permit Request -11 :55 a.m. County Coordinator Reports Approval of Minutes Motion by Froemming, second by Rogness and unanimously carried to approve the Board of Commissioners minutes of May 19, 2009, as presented. Approval to Pav Bills Motion by Rogness, second by Huebsch, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Solid Waste Department OTC Board of Commissioners' Minutes May 26, 2009 Page 3 Solid Waste Director, Mike Hanan, postponed the agenda item for equipment purchases for the Fergus Falls Transfer Station. He briefed the Board on the new Transfer Station project and stated that the project is on schedule for completion June 15, 2009. County Drainage Systems County Ditch No. 12: Ditch Inspector, Randy Wasvick, reported that Pelican Township hired Bob Bowers to trap beaver in Ditch No. 12. After Mr. Bowers had trapped 14 beavers, he billed the Township, who in turn, referred Mr. Bowers to the County for payment out of the Ditch System. Lengthy discussion occurred regarding the proper procedure for hiring someone to trap beavers. Generally, in order for the County to authorize payment, the trapper must be hired by the Ditch Inspector. The Board requested Mr. Wasvick to obtain documentation and facts regarding the situation. County Ditch No. 21: Mr. Wasvick referred to County Ditch No. 21 and stated that there is about 1,000' of open ditch the township would like to have cleaned because the culvert under the road freezes up and the road floods every spring. He received an estimate from Mark & Brenda Construction, in the amount of $2,450 if the project does not require working on mats all the way through. If the project requires working on the mats for the whole project, the price could double, up to $5,000. Mr. Wasvick recommended proceeding with the project. Motion by Rogness, second by Lindquist and unanimously carried to clean an open ditch in County Drainage System No. 21 as recommended by the Ditch Inspector with expenses paid out of the Ditch No. 21 Maintenance Fund. County Ditch No. 37: Mr. Wasvick referred to a tile system in Ditch No. 37 North of Underwood. An area about 1,500 to 1,800 feet of tile on the Johansen Farms needs to be replaced as previously reported to the Board. Mr. Wasvick has received an estimate to complete this work, in the amount of $16,800, from Mark & Brenda Construction of Fergus Falls. Motion by Huebsch, second by Rogness and unanimously carried to approve the replacement of tile in Ditch No. 37 on the Johansen Farms as recommended by the Ditch Inspector at an estimated cost of $16,800. County Ditch No. 70: Mr. Wasvick discussed County Ditch No. 70 (Sewell Lake outlet) with the Board. He stated that the Department of Natural Resources will work with the County regarding this system; however, the DNR is requesting an Engineer's study before work below the OHWL can be authorized. The first step in the process would be a redetermination of benefits as the project could be in the $150,000 to $200,000 range. Motion by Rogness, second by Lindquist and unanimously carried to direct the Ditch Inspector to schedule a public information meeting to discuss Drainage System No. 70. Conditional Use Permit No. 6534 Land & Resource Administrator, Bill Kalar, reported that Dora Township was issued Conditional Use Permit No. 6534 on May 22, 2009 with a condition that the work must stay within the right-of-way except for barrow area. Their original plan included some brush removal and reshaping outside of the existing right-of-way and Dora Township is requesting that this condition be removed from the CUP. Motion by Rogness, second by Lindquist and unanimously carried to remove Condition No. 2 on Conditional Use Permit No. 6534 (Dora Township) because work outside of the right-of-way was anticipated in the original plan and the affected landowners indicated no objection to the Township working on their property. OTC Board of Commissioners' Minutes May 26, 2009 Page4 Recess & Reconvene At 11 :47 a.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1:09 p.m. 4-H Update 4-H Coordinator, Janet Malone and Intern, Mindy Carlson, updated the Board on 4-H activities and projects for the summer season. Seasonal Staff Motion by Huebsch, second by Froemming, and unanimously carried to approve hiring a temporary, seasonal employee in the Recorder's office for data entry work. License Approvals Motion by Froemming, second by Lindquist, and unanimously carried to approve the following applications for licenses: *Battle View Landing On/Off-Sale 3.2 Malt Liquor 22540 County Highway 5 Henning, MN 56551 'Licenses are subject to approval of the County Attorney and County Sheriff. Clear Lake Resort Dalton, MN 56324 Fair Hills Resort 24270 County Highway 20 PO Box6 Detroit Lakes, MN 56502 Heislers Country Pub/Campground Pub 31870 County Highway 130 Vergas, MN 56587 Ken's Tackle 28497 County Highway 145 Battle Lake, MN 56515 Lakeside Market 28465 County Highway 145 Battle Lake, MN 56515 Oakwood Golf Club 47420 County Highway 16 Henning, MN 56551 The Pickle Factory Bar and Grill 29961 415th St Vergas, MN 56587 Prante's on the Lake 35776 County Highway 72 Battle Lake, MN 56515 On/Off-Sale 3.2 Malt Liquor Seasonal Liquor and Sunday Liquor On/Off-Sale 3.2 Malt Liquor Off-Sale 3.2 Malt Liquor Off-Sale 3.2 Malt Liquor On-Sale 3.2 Malt Liquor Liquor and Sunday Liquor Liquor and Sunday Liquor Off-Sale 3.2 Malt Liquor (May 2009 -June 2010) OTC Board of Commissioners' Minutes May 26, 2009 Page 5 St. Lawrence Catholic Church 46404 County Highway 14 Perham, MN 56573 Temporary On-Sale 3.2 Malt Liquor Wee Villa Lodge On/Off-Sale 3.2 Malt Liquor 31126 County Highway 27 Fergus Falls, MN 56537 Application for Exempt Permit Motion by Huebsch, second by Lindquist 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 August 2, 2009 at the St. Lawrence Catholic Church located at 46404 County Highway 14. Payment Approval Motion by Lindquist, second by Rogness and unanimously carried to approve payment, in the amount of $1,008.96, to Mark and Brenda Construction, Inc., dba Delzer Construction, for repair of County Drainage System No. 37. Budget Discussion Mr. Krohn reported on a recent ITV Conference with the Association of Minnesota Counties (AMC) Board of Directors. They reported a potential 33% reduction in county program aid. Highway 128 Culvert Replacement Project Motion by Rogness, second by Froemming and unanimously carried to authorize the Chairman's signature to execute a Highway Construction Contract between the County of Otter Tail and Sunblad Construction, Inc. of Cokato, MN for completion of C.P. 09:128CU. RESOLUTION PUBLIC WATER ACCESS COOPERATIVE AGREEMENT Elbow Lake in Otter Tail County, Minnesota Otter Tail County Resolution No. 2009 -33 Upon motion by Rogness, seconded by Lindquist and unanimously carried, the following resolution was adopted: WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statues 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 powers; and WHEREAS: the State and the County have determined this public water access improvement on Elbow Lake is of high priority under the state public water access program; and WHEREAS: the County owns land described as: Sec. 29, T.133N, R.40W, Otter Tail County, as shown in the attached Cooperative Agreement; and OTC Board of Commissioners' Minutes May 26, 2009 Page 6 WHEREAS: the State owns land described as: Sec. 29, T.133N, R.40W, Otter Tail County, as shown in the attached Cooperative Agreement; and WHEREAS: the County land referenced above will be used for Public Water Access to Elbow Lake;and WHEREAS: the County is willing to be the Lead Agency in the Elbow Lake public water access site improvement; and WHEREAS: the State is willing to allow the County to improve this public water access facility; and WHEREAS: plans for this Public Water Access will be developed by the County and approved by the State and shall be referred to as the "Plan"; and WHEREAS: the State is willing to operate and maintain a Public Water Access located on Elbow Lake; hereinafter referred to as "Facilities"; and NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of Otter Tail and the State of Minnesota Department of Natural Resources, a copy of which is attached hereto, 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 26th day of May, 2009. Dated: _...cO:c....c.1o_,./....co_z.,_,_/"'L..c.o.c..o<t-'---- Attest /.a~~ LarryKro n.ierk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:~(LV)SEtf P@ue~ Everett P. Erickson, Board of Commissioners Chair Project Commuting Request Motion by Lindquist, second by Huebsch, and unanimously carried to approve a request for commuting with County vehicles for two employees while working on Highway S.A.P. 56-622-07, CSAH 22 Overlay as recommended by the Highway Engineer. Easement Approved -Dead Lake Township Highway Engineer, Rick West, reported that Dead Lake Township is improving a street and has requested an easement from the County through an old gravel pit in that area (Section 10). Motion by Rogness, second by Froemming and unanimously carried to approve the appropriate County Officials' signatures to execute an Easement Deed as presented and attached as Attachment B. Meeting Report OTC Board of Commissioners' Minutes May 26, 2009 Page 7 Mr. West and Mr. Krohn reported on a recent meeting held at the Breckenridge City Hall with State Legislators and representatives from surrounding counties about flooding in the Red River Valley. They reported that there is a desire to arrive at a long term solution to the flooding in the Red River Valley Basin. The discussion was philosophical in nature; however, frustration was expressed with the Army Corp of Engineers in the slow manner that work is accomplished under their direction. Discussion took place about seriously considering retention as part of the solution which will require easements and payment for damages. The possibility of the formation of a Red River Valley Watershed District was discussed as well. Open House -Becker County Motion by Erickson, second by Huebsch and unanimously carried to authorize Commissioner Rogness to attend an Open House at the Becker County Courthouse on behalf of Otter Tail County. Adjournment At 2:23 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, June 2, 2009. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Atte,t L~ d Larry Kro, Clerk B~~P-~,~ Everett P. Erickson, Board ofComrnissionersir CB/kd OTC Board of Commissioners' Minutes May 26, 2009 Attachment A, Page 1 WARRANTS APPROVED ON 5/26/2009 FOR PAYMENT 5/26/2009 VENDOR NAME A'VIANDS LLC ARVIG COMMUNICATION SYSTEMS AUTO VALUE FERGUS FALLS BOUND TREE MEDICAL LLC CDW GOVERNMENT INC CHEMSEARCH COMMISSIONER OF TRANSPORTATION COOPERS TECHNOLOGY GROUP CUMMINS NPOWER LLC DESIGN ELECTRONICS DETROIT LAKES OVERHEAD DOOR SE DEX EAST EGGE CONSTRUCTION INC FREMONT INDUSTRIES INC SHARI FRESONKE GODFATHERS EXTERMINATING INC GOODIN COMPANY GOPHER STATE ONE CALL GRAINGER INC H & R CONSTRUCTION CO HENRY'S FOODS INC CRYSTAL HERMAN SANDYHOLO JOHNSTON FARGO CULVERT INC CASSIE JONAS KELLY SERVICES INC LAKE REGION DENTAL CENTER LAKE REGION HEALTHCARE CORP MANNY'S -ROCKY'S BAIT MARCO INC ST LOUIS MID-CENTRAL EQUIPMENT INC MINNESOTA REVENUE MINNKOTA MN CO INSURANCE TRUST MN MOTOR COMPANY MODERN ASSEMBLIES INC CITY NEW YORK MILLS NORTHLAND BUSINESS SYSTEMS INC NORTHLAND CONSTRUCTION OF UNDE OSI ENVIRONMENTAL INC OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO TREASURER OTTERTAIL TRUCKING INC PAMIDA INC 008 PEPSIAMERICAS PERHAM AGRICULTURAL SOCIETY PERHAM CO OP CREAMERY PERHAM ENTERPRISE BULLETIN PINE PLAZA TV APPLIANCE PITNEY BOWES PRODUCTIVE ALTERNATIVES INC RDO EQUIPMENT CO FARGO REED BUSINESS INFORMATION THE SAND CREEK GROUP LTD SOUTHTOWN C-STORE SRF CONSUL TING GROUP INC STATE INDUSTRIAL PRODUCTS AMOUNT 54.37 40.00 242.19 70.55 758.58 656.15 170.02 472.51 200.00 53.24 137.26 21.00 337.50 42.09 5.18 138.66 257.94 15.65 127.60 3,698.86 1,631.37 8.59 329.78 24,901.84 95.84 2,080.00 1,004.00 137.97 539.31 225.21 41.61 453.00 29.00 634.00 537.77 35.00 200.00 8,328.56 1,533.00 50.00 738.00 41.09 7,640.00 7.44 1,599.00 175.00 1,368.58 256.55 112.87 1,435.00 445.69 122.72 1,087.32 225.00 464.99 9,897.19 259.23 OTC Board of Commissioners' Minutes May 26, 2009 Attachment A, Page 2 STEINS INC STREICHERS SUPER SEPTIC INC OF PELICAN RA SURVEYMONKEY.COM SWANSTON EQUIPMENT CORP TITAN MACHINERY INC TNT REPAIR INC TOUTGES SANITATION TRANQUILITY BUILDING SERVICES SUSAN ULSCHMID UNIFORMS UNLIMITED VFW POST 612 VICTOR LUNDEEN COMPANY VIKING COCA-COLA VOSS LIGHTING WHITE BANNER UNIFORM SHOP ZIEGLER INC •••• FINAL TOTAL. ..... . 1,756.97 4,449.50 77.19 200.00 5,964.00 9,462.53 1,114.74 52.65 452.63 84.22 93.72 105.00 622.65 356.51 181.80 274.99 219.50 $101 639.47 .... OTC Board of Commissioners' Minutes May 26, 2009 Attachment B, Page 1 No delinquent taxes end transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No.----,,.-,-- ------~ 20_ County Auditor BY·-------,~----Deputy EASEMENT DEED STATE DEED TAX DUE HEREON: $1.65 Date: FOR VALUABLE CONSIDERATION, Otter Tail County, a public body, corporate and polltlc, under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to Dead Lake Township, a public body, corporate and politic, under the laws of the State of Minnesota, Grantee, an easement over, under and across the real property in Otter Tall County, Minnesota, described as follows: A 66.00 foot wide easement for public road purposes over, under and across part of the Southwest Quarter of the Northeast Quarter in Section 10, Township 135 North, Range 40 West of the Fifth Principal Meridian In Otter Tail County, Minnesota. The centerline of said 66.00 foot wide public road easement is described as follows: Commencing at a found iron monument which designates the east quarter comer of said Section 1 O; thence North 87 degrees 56 minutes 45 seconds West 1969.40 feet on an assumed bearing along the east-west quarter line of said Section 1 O; thence North 02 degrees 03 minutes 53 seconds East 10.9B feet to the point of beginning of the centerline to be deaaibed; thence North B7 degrees 56 minutes 07 seconds West 523.B0 feet to the north- south quarter One of said Section 1 O and said centerline there terminates. At the point of beginning of said centerline the sidelines of said easement shall tennlnate on a line which bears North 02 degrees 03 minutes 53 seconds East and South 02 degrees 03 minutes 53 seconds West from said point of beginning. At the point of tennlnation of said centerline the sidelines of said easement shall be prolonged or shortened to tennlnate on said north-south quarter line. AND OTC Board of Commissioners' Minutes May 26, 2009 Attachment B, Page 2 A 20.00 foot wide temporary construction easement over, under and across part of said Southwest Quarter of the Northeast Quarter. The southerly line of said 20.00 foot wide temporary construction easement shall be common with the northerty line of the above descrtbed public road easement Said temporary construction easement shall expire on December 31, 2009. together with all hereditaments and appurtenances belonging thereto. STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) OTTER TAIL COUNTY ~~ p ;;~ By: Chair By: Its: County Board Clerk The foregoing instrument was acknowledged before me this ~ day of b,. ; 2009, by Evfcd:t P. lin'c.k&eo and ~b . , the c.>,,, ;r and C!ed'-of OtterTall unty, a public body, corporate and politic, under the laws of the State of Minnesota, on behalf of said corporation, Granter. e KATIUENA. DOMHOLT -Pl&JC·IINN&SOl'A .., ___ ,,_,010 NOTARY PUBLIC Tax Statements for the real properly described In this instrument should be sent to: Tax Exempt THIS INSTRUMENT WAS DRAFTED BY: SVINGEN, KARKELA, CLINE, HAUGRUD, HUNT, LARSON & JENSEN, PLLP 450 West Main P.O. Box 160 Perham, MN 56573 (TAK/Im)