HomeMy WebLinkAboutBoard of Commissioners - Minutes - 09/29/2009MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
September 29, 2009
9:15 a.m.
Call to Order
The Otter Tail County Human Services Board convened Tuesday, September 29, 2009, at 9:15 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 Human Services
Board agenda of September 29, 2009 as mailed.
Approval of Minutes
Motion by Lindquist, second by Huebsch, and unanimously carried to approve the Human Services
Board minutes of September 15, 2009 as presented.
West Central Regional Juvenile Center Cooperative Agreement
Probation Director, Chuck Kitzman, submitted a document entitled "Second Amended Cooperative
Agreement for the Construction & Operation of the Clay County Secure Juvenile Detention and
Treatment Facility". Lengthy discussion took place regarding the various proposed changes
throughout the document. Mr. Kitzman reported that Clay County is requesting approval of the
proposed language contained in Section 15.01 of the Agreement. The other proposed changes will
be discussed at an Advisory Board meeting before the end of the year. Motion by Rogness, second
by Huebsch, and unanimously carried to approve the language contained in Section 15.01 of the
Second Amendment of the Cooperative Agreement governing the operations of the WCRJC.
Public Health Contracts
Public Health Director, Diane Thorson, requested approval of an Emergency Health Preparedness
contract related to management of H 1 N 1 response and clinics. Motion by Rogness, second by
Huebsch, and unanimously carried to authorize the appropriate County Officials' signatures to
execute the Public Health Emergency Response (PEHR 1/11) Grant Agreement between the State of
Minnesota and the County of Otter Tail. Ms. Thorson reported the additional funding for Otter Tail
County approved through this contract as $47,159.00.
Motion by Lindquist, second by Huebsch, and unanimously carried to authorize the Chairman's
signature to execute the "Local Public Health Act Funding 2010 Assurances and Agreements"
between the State of Minnesota Department of Health and the County of Otter Tail. The agreement
assures that local public health act funding will be used in accordance with the terms outlined in the
Community Health Board's master grant contract effective January 1, 2009 through December 31,
2013.
Local Advisory Committee
Adult Mental Health Local Advisory Committee Co-Chairperson, Fonda Knudson, presented a new
member request. The by-laws for the LAC require approval of the committee and the County Board
for new members. Motion by Froemming, second by Huebsch, and unanimously carried to appoint
Renee Doll to the Otter Tail County Adult MH Local Advisory Council as a consumer and family
member representing the east side of the County.
OTC Board of Commissioners' Minutes
September 29, 2009
Page 2
Mental Illness Awareness Week
Co-Chair Fonda Knudson, reported on Ml Awareness Week nationwide October 4th through
October 10th and the corresponding events throughout the week including a candlelight vigil at the
courthouse.
2010-2011 Adult Mental Health Plan Review
Human Services Supervisor Jodi Wentland, presented an application submitted by Otter Tail County,
as the fiscal host, on behalf of the BCOW (Becker, Clay, Otter Tail, & Wilkin counties) Adult Mental
Health Initiative. Motion by Huebsch, second by Froemming, and unanimously carried to authorize
the application for the biennial Mental Health Plan for the purpose of outlining the use of grant funding
and other revenue sources to develop and administer community based adult mental health services.
The proposed expenditure for 2010-2011 for the Adult MH Initiative, Crisis Services and Community
Support Program (CSP) is $2,708,723.00.
Human Services Contract Approval
Motion by Huebsch, second by Froemming, and unanimously carried to authorize the Chairman's
signature to execute the following Human Services contracts:
Agency Program Effective Targeted Funding Source
Date Population
LMHC/Perham lnteragency Special 07/01/09 Annual $158,031 -44.2%
School District Education Program through Children School District, 55% OTC
#549 (Day Treatment 06/30/10 ($88,181.30) -funding from
ProQram) MA and OTC
Perham Memorial Residential Services/ 07/01/09 Elderly Total for purchased services
Home Care Assisted Living through shall not exceed the OTC
06/30/11 annroved rate
All Tidy Residential Services/ 07/01/09 Elderly Total for purchased services
Assisted Living through shall not exceed the OTC
06/30/10 aooroved rate
U-Care Health Program/ 07/01/09 Elderly Funding from Health Care
Case Management through Programs/Plans
06/30/10
Seasonal Staff for Energy Assistance
Motion by Rogness, second by Lindquist, and unanimously carried to authorize two seasonal
(approximately 9 month) positions in the Energy Assistance Program for the 2009-201 O season in the
same manner as has been approved in past years.
Memorandum of Understanding
Human Services Director, John Dinsmore, presented a MOU Purchase of Service Agreement for
Otter Tail County to provide foster care licensing services for Becker County. Motion by Rogness,
second by Huebsch, and unanimously carried to approve the Becker County & Otter Tail County POS
Agreement to provide corporate foster care licensing to use as a model to evaluate the concept and
effectiveness of regional shared positions. The re-licensing of 35 corporate foster homes would result
in an annual reimbursement of $12,570.00 at a proposed rate of $80 per hour.
Approval to Pay Bills & Claims
Motion by Lindquist, second by Huebsch, and unanimously carried to approve payment of the Human
Services bills and claims as presented.
Adjournment
OTC Board of Commissioners' Minutes
September 29, 2009
Page 3
At 10:32 a.m., Chairman Erickson declared the meeting of the Otter Tail County Human Services
Board adjourned until 9:15 a.m. on Tuesday, October 13, 2009.
Dated: -~'=o+\ ~I ;,"'"+Io="{~----
Altes~¢
La~n,Cerk
OTTER TAIL COUNTY HUMAN SERVICES BOARD By:~~~~
Everett P. Erickson, Human Services Board Chair
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, September 29, 2009, at
10:46 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 Rogness, and unanimously carried to approve the Board of
Commissioners agenda of September 29, 2009 with the following addition:
Request for Approval of Quit Claim Deed to Transfer Property from County to Township
Approval of Minutes
Motion by Huebsch, second by Lindquist, and unanimously carried to approve the Board of
Commissioners meeting minutes of September 22, 2009: as presented.
Approval to Pay Bills
Motion by Rogness, second by Froemming, and unanimously carried ··to ·approve payment of the
County Board bills per Attachment A of these minutes.
Quit-Claim Deed
Motion by Huebsch, second by Rogness, and unanimously carried to authorize the Chairman's
signature to execute a Quit-Claim Deed to transfer the following property from Otter Tail County to
Dead Lake Township:
A strip of land four rods wide, over and across Government Lot Four (4) of Section Seven (7), Township
One Hundred Thirty-five (135) north of Range Forty (40) west and particularly described by metes and
bounds, as follows, to-wit: Beginning at the center of the public highway running north and south along
the lakeshore on the east side of said Government Lot Four (4) and 250 feet north of the south section
line of said Section Seven (7); thence due east 500 feet; thence east 15 degrees north 400 feet to the
center of culvert and the same being also center of county road; said strip of land to be four (4) rods
wide, and to be used by the said party of the second part for a public highway.
RESOLUTION
TRANSFER of PROPERTY to MnDNR
CSAH 83 at ELBOW LAKE PUBLIC ACCESS
Everts Township in Otter Tail County, Minnesota
Otter Tail County Resolution No. 2009 -48
Upon a motion by Lindquist, seconded by Rogness, and unanimously carried, the following resolution
was adopted:
OTC Board of Commissioners' Minutes
September 29, 2009
Page 4
WHEREAS: as a part of the reconstruction of County State Aid Highway 83, Otter Tail County
acquired property adjacent to both the public access on Elbow Lake and the new alignment of County
State Aid Highway 83 with the intent of transferring the property to the State of Minnesota for the
expansion of the public access while retaining necessary right of way interest; and
WHEREAS: the property is identified as 0. 70 acres by survey in the form of a 100' wide strip adjacent
to the northerly line and a variable width strip adjacent to the southerly line of the existing public
access; and
WHEREAS: upon transfer to the State of Minnesota, the property is intended to be permanently
attached to the existing public access property identified as OTC PIN# 25000290182001; and
WHEREAS: Otter Tail County will retain only the right of way interest in that part of OTC
PIN# 25000290182001 shown as Parcel 16 on OTTER TAIL COUNTY HIGHWAY RIGHT OF WAY
PLAT NO. 18.
NOW, THEREFORE, BE IT RESOLVED, that the ownership of the above described strips of property
is hereby approved to be transferred to the State of Minnesota, Department of Natural Resources.
Dated at Fergus Falls, Minnesota, this 29th day of September, 2009.
Dated:_~lo=-µ! D'--'L>"'-+',I o"-9.__ __ _ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
ByG~Qoc;~
Everett P. Erickson, Board of Commissioners chair
CSAH No. 67 in New York Mills
Motion by Rogness, second by Froemming, and unanimously carried to authorize the appropriate
County Officials' signatures to execute an "Agreement for Repair and Replacement of County State
Aid Highway No. 67", S.A.P. 56-667-32, to repair and replace street, sidewalks and utilities from the
south limits of New York Mills to CSAH #84 (0.84 miles).
Lake Olaf Drawdown Project Update
Highway Engineer, Rick West, briefed the Board on the Lake Olaf Drawdown Project -HEI Project
No. 5197-003.
Planning Commission Recommendations
Conditional Use Permit -Thomas & Georgette Weqscheid:
Land & Resource Director, Bill Kalar, stated that the County Board tabled this request at their July 14,
2009 meeting and requested further discussion regarding wind towers in shoreland areas. The
Planning Commission discussed criteria that could be used when considering wind towers within the
shoreland area in addition to the 16 items in the SMO as follows: 1) wind towers should be limited to
residential use, 2) setback from lotlines, shore impact zone and right of ways should be height of
tower plus 1 O', and 3) request should include a Decommissioning Plan. County Board members
discussed the location of the proposed wind tower on the Wegscheid property and noted that the
farmer located to the north has no objection to the tower.
OTC Board of Commissioners' Minutes
September 29, 2009
Page 5
Motion by Huebsch, second by Froemming, and carried with Erickson opposed, to approve a
Conditional Use Permit to erect a wind turbine as submitted with a condition that if the wind turbine is
no longer operating, the property owners are responsible for removing the tower/turbine. The
property is described as Lot 1 Blk 3 Juniper Hills, Section 1 of Dead Lake Township; Marion Lake
(56-243), Parcel No. 14-000-99-0511-000.
Conditional Use Permit -Daniel F. & Betty L. Strang:
Motion by Huebsch, second by Froemming, and carried with Erickson opposed, to approve a
Conditional Use Permit to erect a wind turbine as submitted with a condition that if the wind turbine is
no longer operating, the property owners are responsible for removing the tower/turbine. The
property is described as part of Birchwood Subdivision, Section 11 of Edna Township; Moenkedick
Lake (56-336) NE.
Final Plat -"Hidden Shores Addition"
Motion by Erickson, second by Huebsch, and unanimously carried to approve the Final Plat known as
"Hidden Shores Addition" consisting of eight (8) residential lake lots located in Section 31, Twp 137,
R. 43, Scambler Township; Grove Lake (56-952).
City of Fergus Falls South Demolition Landfill Permit Reguest
Solid Waste Director, Mike Hanan, provided information to the Board regarding a License Application
received by the County from the City of Fergus Falls to construct and operate a demolition landfill
south of the existing landfill. Motion by Rogness, second by Huebsch, and unanimously carried to
establish a Public Hearing for the licensing of the City of Fergus Falls proposed South Demolition
Landfill at 11 :30 a.m. on October 13, 2009 at the Otter Tail County Government Services Center in
Fergus Falls.
Hook Truck Purchase
After Request for Proposals were completed, Mr. Hanan, recommended purchase of a 50,000 lb.
Hook Truck for the Fergus Falls Transfer Station at a purchase price of $104,850.00. Mr. Hanan
reported a budgeted amount for the Hook Truck of $133,000.00.
Staffing at Transfer Stations
Motion by Lindquist, second by Rogness, and unanimously carried to authorize hiring two 24-hour per
week employees and one 8-hour per week employee to replace a full time resignation at the Henning
Transfer Station. Commissioner Rogness suggested that the hours of operation at the landfills on
Saturday afternoons could be reduced.
Closed to the Public
At 12:05 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners closed to the public to discuss pending litigation regarding the Ethanol Plant
foreclosure proceedings. The closed session is authorized by attorney-client privilege, Chapter
13D.05 Subd. 3b. Present were all five seated Commissioners, County Attorney, County Coordinator,
and Board Secretary.
. Recess & Reconvene
At 12:08 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break. The meeting was reconvened at i:oo p.m. with
Commissioners Erickson, Froemming, Lindquist and Huebsch present. Commissioner Rogness was
present at 1 :10 p.m.
OTC Board of Commissioners' Minutes
September 29, 2009
Page6
ADOPTION AND IMPLEMENTATION AFTER BWSR APPROVAL
Otter Tail County Resolution No, 2009 -49
Commissioner Lindquist offered the following and moved its adoption:
WHEREAS, the Otter Tail County Board of Commissioners has been notified by the Minnesota Board
of Water and Soil Resources that the Otter Tail County Comprehensive Local Water Management
Plan has been approved according to Minnesota Statutes Chapter 1038.301:
NOW, THEREFORE BE IT RESOLVED, the Otter Tail County Board of Commissioners hereby
adopts and will begin implementation of its approved comprehensive water plan.
BE IT FURTHER RESOLVED, after the adoption of the local comprehensive water management plan,
the Otter Tail County Board shall amend existing water and related land resources plans and official
controls as necessary to conform them to the applicable and approved comprehensive water plan.
BE IT FURTHER RESOLVED, after the adoption of the local comprehensive water management plan,
Otter Tail County shall notify local units of government within the County of the adoption of the plan or
amendments to the plan. The local units of government are required to submit existing water and
related land resources plans and official controls within 90 days to the County Board for review.
BE IT FURTHER RESOLVED, Within 180 days, the Otter Tail County Board shall review the
submitted plans and official controls and identify any inconsistencies between the local plans and
official controls, and local comprehensive water management plan. The Otter Tail County Board shall
specify applicable and necessary measures to bring local plans and official controls into conformance
with local comprehensive water management plan.
BE IT FURTHER RESOLVED, if a local unit of government disagrees with any changes to its plan,
the local unit has 60 days after receiving the county's recommendations to appeal the
recommendations to the Board of Water and Soil Resources.
BE IT FURTHER RESOLVED, after receiving the recommendations for the Otter Tail County Board,
or a resolution of an appeal, a local unit of government has 180 days to initiate revisions to its plan or
official controls. The new or revised plans and official controls must be submitted to the Otter Tail
County Board for review and recommendations.
Commissioner Huebsch seconded the resolution and, upon being put to vote, the resolution was
unanimously adopted.
Adopted this 29TH day of September, 2009.
Dated: lD/ora Jo'l I OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Closed to the Public
OTC Board of Commissioners' Minutes
September 29, 2009
Page 7
At 1:10 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners closed to the public to discuss pending litigation regarding the Ethanol Plant
foreclosure proceedings. The closed session is authorized by attorney-client privilege, Chapter
13D.05 Subd. 3b. Present were all five seated Commissioners, County Attorney, County Coordinator,
Board Secretary, and Attorney Mike Weaver.
Recess & Reconvene
Upon completion of the closed session, at 2:22 p.m., Chairman Erickson recessed the otter Tail
County Board of Commissioners' meeting for a Building Committee meeting. The Board of
Commissioners' meeting was reconvened at 2:41 p.m.
Correction to the September 151 2009 BOC Minutes
Motion by Lindquist, second by Rogness, and unanimously carried to correct the September 15, 2009
Board of Commissioners' minutes to include the following action which was inadvertently omitted:
Motion was offered, seconded and unanimously carried to set the Budget and Levy Hearing at
7:00 p.m. on Tuesday, December 1, 2009.
Ethanol Plant Foreclosure Proceedings
Motion by Huebsch, second by Rogness, and unanimously carried to hire Attorney Mike Weaver from
Lindquist & Vennum to represent Otter Tail County in foreclosure action and negotiations relative to
the Ethanol Plant.
Adjournment
Upon conclusion of the closed session, at 3:08 p.m., Chairman Erickson declared the meeting of the
Otter Tail County Board of Commissioners adjourned until Tuesday, October 6, 2009.
Dated: It, lo la I o'] I
Attest ~ ff£
Larry Kroh , Cle
OTTER TAIL COUNTY B9\'RD OF COMMISSIONERS
By~/&Pf:/JCp~
Everett P. Erickson, Board of Commissioners Chair
CB/kd
OTC Board of Commissioners' Minutes
September 29, 2009
Attachment A, Page 1
WARRANTS APPROVED ON 9/29/2009 FOR PAYMENT 9/29/2009
VENDOR NAME
A 1 WAYNE'S TOWING
A-1 ENGRAVING
CYNDI ABBOTT
APACHE GROUP OF MINNESOTA
AUTO GLASS SPECIALISTS INC
BLUFFTON OIL COMPANY
BOB'S STANDARD BULK SERVICE
BRAUN INTERTEC CORPORATION
CHEMSEARCH
COMMISSIONER OF TRANSPORTATION
COOPERS TECHNOLOGY GROUP
CRAGUNS LODGE AND CONFERENCE C
D & T VENTURES LLC
DEX EAST
E & J PRESS
FORCE AMERICA
FRAZEE ELECTRIC INC
FRONTIER POWERSPORTS
G & K SERVICES
GODFATHERS EXTERMINATING INC
GRAINGER INC
MIKE HANAN
HEWLETT PACKARD COMPANY
HIGH PLAINS TECHNOLOGY
HILL TOP LUMBER INC
JK SPORTS
KEEPRS INC CY'S UNIFORMS
KELLY SERVICES INC
LARRY OTT INC TRUCK SERVICE
LARRY'S SUPERMARKET
DEAN LARSON
DONALD LARSON
JULIE LEITCH
LITTLE BEAR TOWING
LOCATORS & SUPPLIES INC
M-R SIGN COMPANY INC.
MARCO INC ST LOUIS
MATTHEW BENDER & COMPANY INC
MN DEPT OF HEALTH
MN DEPT OF TRANSPORTATION
SUSAN NELSON
NORTHERN PLUMBING SUPPLY
NORTON PRINTING
OFFICEMAX INCORPORATED
OTIS ELEVATOR CO
OTTER TAIL CO TREASURER
OTTERTAIL TRUCKING INC
PEPSIAMERICAS
PETE'S BODY SHOP & TOWING
PINE PLAZA TV APPLIANCE
PITNEY BOWES
PRAIRIE IMPLEMENT INC
PRECISION MOUNTING TECHNOLOGIE
PRODUCTIVE ALTERNATIVES INC
QUALIFICATION TARGETS
RDO EQUIPMENT CO FARGO
RELIABLE OFFICE SUPPLIES
THE RENTAL STORE
AMOUNT
264.00
66.00
30.23
382.88
242.42
1,819.55
89.22
5,982.25
355.45
4,687.91
114.46
438 01
3,239.00
15.72
42.75
486.85
192.00
10,200.15
1,136.49
123.98
788.74
154.00
27,001.87
687.21
50.72
364.99
10.67
1,391.68
625.00
85.25
149.99
171.38
37.26
208.41
217.01
52.90
232.06
415.94
250.00
125.00
63.99
390.22
48.09
69.12
113.04
3,362.34
6,980.00
774.49
281.09
81.18
1,435.00
21.35
716.88
83.76
72.76
568.16
185.42
171.00
OTC Board of Commissioners' Minutes
September 29, 2009
Attachment A, Page 2
KYLE SORKNESS
SRF CONSUL TING GROUP INC
STEINS INC
TNT REPAIR INC
TRANQUILITY BUILDING SERVICES
TRI STAR RECYCLING
TRITECH FORENSICS
TROSDAHL BODY WORKS
UL TEIG ENGINEERS
VICTOR LUNDEEN COMPANY
VICTORY CORPS
WELLER OIL CO
WEST PAYMENT CENTER
.... FINAL TOTAL. ......
178.00
6,241.12
1,516.85
198.82
452.63
3,189.41
155.40
4,865.43
242.00
543.79
495.29
215.60
2,830.18
$99,471.81 ••••