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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/06/2009MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 W. Fir Avenue, Fergus Falls, MN October 6, 2009 9:15 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, October 6, 9:18 a.m., at the Otter Tail County Government Services Center in Fergus Falls, Commissioners Everett Erickson, Chair; Roger Froemming, Vice-Chair; John Doug Huebsch and Lee Rogness present. Approval of Agenda 2009, at MN, with Lindquist, Motion by Froemming, second by Rogness, and unanimously carried to approve the Board of Commissioners agenda of October 6, 2009 with the following additions: 11 :30 a.m. -Ditch #52 Discussion Perham Hospital -Letter of Support Engagement Letter -Attorney Michael Weaver Approval of Minutes Motion by Lindquist, second by Rogness, and unanimously carried to approve the Board of Commissioners meeting minutes of September 29, 2009 as presented. Approval to Pay Bills Motion by Rogness, second by Huebsch, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Commissioners requested a report regarding vending machine cost, inventory and labor. Committee of the Whole Discussion Commissioners discussed an issue with the City of Fergus Falls Police Department regarding space and enhancements that may be needed on the south side of the Courthouse. Long range planning, economics, and collaboration between governmental entities were also discussed. An informal noon luncheon meeting will be set up with the City for further discussion. Minnesota Rural Counties Caucus Director, Dan Larson, briefed the Board regarding the MRCC organization. The MRCC has a membership of 25 rural counties and has existed for 14 years. The organization started when the AMC was unable to lobby for issues that affect only rural counties. He presented several documents including a legislative session briefing for 2009, financial lobbying statistics for 2008, and Minnesota general fund and historical trend data. Proposed Wind Turbine Project Property Owner, Fred Liljegren, and other interested neighbors, discussed the negative impacts of the proposed Prairie Wind Energy project near Parkers Prairie. Mr. Liljegren expressed health concerns regarding the noise generated by wind turbines which can sound louder in enclosed spaces and safety concerns if blades break off or if ice is thrown from the blades. A document entitled "Wind Turbine Lease Considerations for Landowners" developed by NDSU Extension ·Service was submitted. Rodney Peterson farms the acreage in the proposed project area. Along with Aerial Sprayer, Ken Peterson, they expressed concern that they will be unable to spray the potato crop because of the locations of the proposed turbines. Mr. Liljegren requested that Otter Tail County look at ordinances that other counties have developed to address commercial wind turbine issues. OTC Board of Commissioners' Minutes October 6, 2009 Page 2 Discussion continued. Commissioners requested that a public information meeting be set up to discuss the project. Closed to the Public At 10:26 a.m. Chairman Erickson 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 bargaining units whose contracts end December 31, 2009. Present were all five seated commissioners, the County Attorney, County Coordinator, and Board Secretary. At 10:50 a.m., upon conclusion of the closed session, Chairman Erickson declared the meeting recessed for a Highway Committee meeting. Reconvene At 11:16 a.m. Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners reconvened. Glendalough Bike and Pedestrian Trail Loop Highway Engineer, Rick West, provided maps showing several phases of a trail project which would complete an integrated recreational trail system with a three-mile section of trail within the park that will ultimately complete a 12-mile trail concept. The third phase of the project is County Highway No. 16 Trail from Whitetail Lane to Glendalough Park Trail. Commissioners discussed this phase of the project scheduled for 2014, if funded. The Board's objective is to move forward with the process and request that either the DNR or the City of Battle Lake maintain the trail after it is built. RESOLUTION OF SUPPORT FROM SPONSORING AGENCY Otter Tail County Resolution No. 2009 -51 Commissioner Rogness offered the following and moved its adoption: BE IT RESOLVED: that Otter Tail County act as sponsor for a ''Transportation Enhancements" project identified as County Highway No. 16 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, County Engineer, is hereby authorized to act as agent on behalf of this applicant. Commissioner Froemming seconded the resolution and, upon being put to vote, the resolution was unanimously adopted. Adopted at Fergus Falls, Minnesota, this 6th day of October, 2009 Dated: _ _,_!-"'b-+(-'-'13~/ ..:::oc...9 ___ _ Alto&~~ Larry K~n,lerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:~{~P,a,~ Everett P. Erickson, Board of Commissioners Chair RESOLUTION OTC Board of Commissioners' Minutes October 6, 2009 Page 3 AGREEMENT TO MAINTAIN FACILITY Otter Tail County Resolution No. 2009 -52 Commissioner Rogness offered the following and moved its adoption: 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 County Highway No. 16 Trail. THEREFORE BE IT RESOLVED: 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. Commissioner Froemming seconded the resolution and, upon being put to vote, the resolution was unanimously adopted. Adopted at Fergus Falls, Minnesota, this 5th day of October, 2009 Dated: _ _;lc.::041..1..SI 3""-+/-0 -1-'-/ __ _ Attest~~ LarryKr n,lerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:G~P&~ Everett P. Erickson, Board of Commissioners Chair Highway Contract Approval Motion by Rogness, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute a Contract between the County of Otter Tail and J & J Excavating, Inc. of Staples, MN for the CSAH 24 water level control project, subject to approval of the County Attorney. Tuition Assistance Reimbursement Motion by Rogness, second by Huebsch, and unanimously carried to approve a Tuition Assistance Agreement between the County of Otter Tail and Wade J. Bugbee for the following training: 1) Grading and Base Recertification -One Day 2) Erosion Control -Construction Site Management -Two Days OTC Board of Commissioners' Minutes October 6, 2009 Page4 Annual Transportation Research Board Motion by Erickson, second by Froemming, and unanimously carried to authorize the Highway Engineer to attend the 89th Annual Transportation Research Board meeting January 10-14, 201 O in Washington D.C with expenses funded by the MN Local Road Research Board. Meeting with Legislators Motion by Froemming, second by Lindquist, and unanimously carried to request the attendance of Commissioner Rogness and the Highway Engineer at a meeting on October 27, 2009 at 9:30 a.m. with legislators and the City of Fergus Falls regarding the proposed arena and bridge projects. Final Plat -"Twin Acres" Motion by Huebsch, second by Lindquist, and unanimously carried to approve the Final Plat of Dennis B. & Tammy J. Buchanan entitled Twin Acres described as G.L. 4, Section 36, Twp. 135N, R.39W, Rush Lake Township; Rush Lake (56-141) and Buchanan Lake (56-209). The surveyor will file a plat correction to correct a typographical error on the Final Plat. Dairy Enhancement Program Motion by Rogness, second by Huebsch, and unanimously carried to authorize the appropriate County Officials' signatures to authorize Otter Tail County to serve as fiscal agent for a Grant Contract between the MN Department of Agriculture (as granter) and the West Central Dairy Profit Teams, Rick Olson (as grantee). Drainage System #52 Ditch Inspector, Randy Wasvick, reported that west of CSAH 47, after unplugging a culvert and trapping beavers, it was discovered that the. culvert was caving in. This is on Dale Spilsberg's property and the farmer that rents the property needs to access his bean field. Lengthy discussion took place regarding the original design, size of the culvert upstream, and what type of culvert can be installed. Motion by Huebsch, second by Froemming, and unanimously carried to authorize the Ditch Inspector to install a 30" culvert (as originally designed) off of CSAH 4 7 to replace the broken culvert in Drainage System #52 on Dale Spitsberg's property. Ethanol Plant Motion by Lindquist, second by Froemming, and unanimously carried to acknowledge receipt of the Summons and Complaint for Agstar Financial Services vs. Otter Tail Ag Enterprises, LLC. Motion by Lindquist, second by Froemming and unanimously carried to authorize the Chairman's signature to execute an Engagement Letter between the County of Otter Tail and Lindquist & Verinum for the services of Attorney, Michael L. Weaver. Letter of Support-Proposed Perham Hospital & Clinic Motion by Huebsch, second by Lindquist, and unanimously carried to authorize the Chairman's signature on a Letter of Support lo the USDA for the new Perham Hospital and Clinic. Adjournment At 12:10 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, October 13, 2009. Dated: ~DI~~ Attest: -,--,c....==+-'-'¥'"""'"""---La~ n, Cerl< OTTER TAIL COUNTY BOARD OF COMMISSIONERS By?~P&;~ Everett P. Erickson, Board of Commissioners Chair CB/l<d OTC Board of Commissioners' Minutes October 6, 2009 Attachment A, Page 1 WARRANTS APPROVED ON 10/06/2009 FOR PAYMENT 10/06/2009 VENDOR NAME A & STRAINING A-1 ENGRAVING A'VIANDS LLC AMERICAN INSTITUTIONAL SUPPLY AMERICINN FERGUS FALLS ARK& SPARK ASSOCIATION OF MN COUNTIES BAN-KOE SYSTEMS INC BATTLE LAKE STANDARD BOUND TREE MEDICAL LLC BRANDBORG LAW OFFICE BRIEFINGS PUBLISHING GROUP CARR'S LAKE COUNTRY SUPERMARKE CHARTER COMMUNICATIONS CITIZENS ADVOCATE AND VERNDALE CODE 4 SERVICES LLC COOPERS TECHNOLOGY GROUP DAVID COSSETTE CULLIGAN WATER CONDITIONING DACOTAH PAPER COMPANY DAVE JENNEN PHOTOGRAPHY DENZEL'S REGION WASTE INC MICHELLE ELDIEN FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP FERGUS TIRE CENTER GALL'S INC GRAINGER INC PATRICK GRIFFIN HATLING LAW OFFICE JANET HAUVER HEALTHCARE ENVIRONMENTAL SERVI HENRY'S FOODS INC HIGH PLAINS TECHNOLOGY HOBART SALES & SERVICE INNOVATIVE OFFICE SOLUTIONS J & K MARINE JK SPORTS KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC LAKE REGION DENTAL CENTER LAKE REGION HEALTHCARE CORP LAKES RADIO LARRY OTT INC TRUCK SERVICE LOCATORS & SUPPLIES INC MARCO JAMES MCMAHON GEORGE MEYER MID-CENTRAL EQUIPMENT INC MIDWEST PRINTING CO 138.94 MN CO INSURANCE TRUST 150.00 MN DEPT OF COMMERCE 290.00 MN DEPT OF NATURAL RESOURCES O 1,000 00 MOORE MEDICAL LLC 491.78 ELDON MOREY PHO 365.00 AMOUNT 2,455.00 59.86 9,702.92 135.04 76.81 99.89 50.00 980.00 9.89 287.29 566.25 79.00 22.95 68.35 67.97 1,702.33 2,733.49 169.99 10.69 505.09 80.16 1,145.60 139.87 3,105.77 6,741.80 55.67 155.80 21.60 175.42 120.00 121.00 29.10 1,031.17 3,195.56 184.80 3,817.85 351.88 110.00 119.98 350.00 459.00 100.00 56.00 1,250.00 87.57 134.98 4.95 545.00 378.22 OTC Board of Commissioners' Minutes October 6, 2009 Attachment A, Page 2 NAPA FERGUS FALLS NELSON AUTO CENTER NELSON BROS PRINTING NElWORK CENTER COMMUNICATIONS NORTHERN SAFETY TECHNOLOGY INC NORTHLAND BUSINESS SYSTEMS INC NOVA FIRE PROTECTION NTOA OFFICEMAX INCORPORATED RICHARD OLSON OSI ENVIRONMENTAL INC OTTER TAIL CO RECYCLING OTTER TAIL TELCOM OTTERTAIL TRUCKING INC OVERLAND MECHANICAL SERVICES PELICAN RAPIDS PRESS PITNEY BOWES QUILL CORPORATION RAM-SWANA RAY'S OIL COMPANY RDO EQUIPMENT CO FARGO RED BARN PLAT BOOKS REGENTS OF THE UNIVERSITY OF M RICK'S TIRE SERVICE ROYAL TIRE INC RUTTGERS BAY LAKE LODGE SBLC-FF CHERI SCHULTZ SIGNWORKS SOUTH MILL SERVICE STEINS INC STOLPMAN LAW OFFICE SUREFIRE LLC SYNERGY GRAPHICS TITAN ACCESS ACCOUNT TITAN MACHINERY INC TNT REPAIR INC TOM'S BODY SHOP UNIFORMS UNLIMITED UPTOWN MENTAL HEALTH CENTER IN VIKING COCA-COLA WASTE MANAGEMENT ZACK JONES & MAGNUS .... FINAL TOTAL ...... . 6.62 544.03 1,303.37 552.50 234.70 4,257.17 320.00 40.00 382.85 3,593.99 65.00 43.54 2,172.38 12,300.00 780.05 94.48 1,008.00 229.73 206.14 954.25 170.76 3,347.00 32,449.98 50.00 181.16 2,654.94 156.25 132.35 398.64 507.37 739.56 739.80 240.47 3,072.18 17.53 11,461.28 506.57 1,017.17 194.51 2,371.73 275.20 562.77 1,600.60 $138,223.90 ....