HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/27/2009MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
Tuesday, October 27, 2009
9:15 a.m.
Call to Order
The Otter Tail County Human Services Board convened Tuesday, October 27, 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 Huebsch, and unanimously carried to approve the Human Services
Board agenda of October 27, 2009 as mailed.
Approval of Minutes
Motion by Lindquist, second by Froemming, and unanimously carried to approve the Human Services
Board minutes of October 13, 2009, as mailed.
West Central Regional Juvenile Center
Probation Director, Chuck Kitzman submitted a packet of information from a recent WCRJC Advisory
Committee Meeting. The packet included; 1) revenue and expense information for 2009 with a
projected deficit of $251,535.68, 2) 2010 proposed budget based on 18 beds per day, 3) average
usage for 2009 broken down per County with a total of 14.25 beds per day, 4) Otter Tail County's Out
of Home Placement budget for 2009 and, 5) a proposed resolution and Cooperative Agreement for
the operation of the treatment facility. Lengthy discussion followed regarding the current deficit,
budget method, and a proposed agreement that allows member counties to choose to become non-
members by paying the per diem rather than commit to the purchase of an average number of beds
annually. Mr. Kitzman stated that WCRJC Director, Barry Steen will attend the next Human Services
Board meeting and request approval of a resolution and Cooperative Agreement which would change
governance of the facility.
Public Health Department
Motion by Rogness, second by Lindquist, and unanimously carried to authorize the appropriate
County officials' signatures to execute an agreement between the County of Otter Tail and the State
of Minnesota Colleges and Universities to provide college locations for mass immunizations in an
emergency.
Motion by Huebsch, second by Froemming, and unanimously carried to authorize the Chairman's
signature to execute a grant agreement between the County of Otter Tail and Minnesota Department
of Health to provide funding to the County for perinatal hepatitis B follow-up and site visits to private
clinics to insure proper storing and recording of vaccines.
Public Health Director, Diane Thorson briefed the Board regarding the flu mist, flu vaccine, target
population and scheduled clinics.
OTC Board of Commissioners' Minutes
October 27, 2009
Page 2
Long Term Care Report
Human Services Supervisor, Deb Sjostrom and staff presented a handout entitled "Long Term Care
Service Overview" (October 2009). The document contained an explanation of the Elderly Waiver
(EW), Alternative Care (AC}, Community Alternatives of Disabled Individuals (GAOi}, and Consumer
Directed Community Supports (CDCS) programs. Otter Tail County data was also provided for each
program and discussion took place with commissioners regarding needs for many senior citizens and
income eligibility.
ADOPTION MONTH
NOVEMBER 2009
Otter Tail County Resolution No. 2009 -53
Commissioner Froemming offered the following and moved its adoption:
WHEREAS, the family, serving as the primary source of love, identity, self-esteem and support, is the
very foundation of our communities, our state, and our Country.
WHEREAS, adoption gives children who have been orphaned, abandoned, or abused a precious
second chance at happiness; a chance to love and be loved and to reach their full potential in a
secure, supportive environment.
WHEREAS, there were 1,574 children under State guardianship, many waiting to be adopted into a
family. Of the 1,574 children, 650 were waiting for an adoptive family.
WHEREAS, in 2006 there was an average of 636 children waiting for an adoptive family, on any given
day, in the State of Minnesota. The increase of 100 children, since 2005, of children waiting for
adoptive homes is a testimony to the need to place adoption services as a priority in Otter Tail
County, and throughout the State of Minnesota.
WHEREAS, the majority of the families seeking children for adoption are pursuing the adoption of
younger children. In 2007, of the children waiting to be adopted in the State of Minnesota,
38% were 12-18 years old; 25% were 6-11 years old; 37% were under 6 years old. 58% are siblings
that need to be adopted together. 21 % have been chronically neglected or abused. 51 % have been
diagnosed with a psychological or medical disability.
WHEREAS, there is a continued need for an increased number of families in the State of Minnesota
and in Otter Tail County who will adopt older children with special needs.
WHEREAS, both the public and private sectors are working together as a "team" to find adoptive
homes for the children throughout the Counties and the State of Minnesota.
NOW, THEREFORE, we, The Otter Tail County Human Services Board, by virtue of the authority
vested in us as County Commissioners of Otter Tail County, do hereby proclaim November as
ADOPTION MONTH in Otter Tail County. In honor of this event, we encourage community agencies,
religious organizations, businesses and others to celebrate adoption, honor families that grow through
adoption, further an awareness of the changes and issues in adoption, and focus attention on those
children who live in the shadow of an uncertain future while they await permanent families.
Commissioner Huebsch seconded the resolution and, upon being put to vote, the resolution was
unanimously adopted.
Adopted this 27th day of October, 2009.
Dated: {I / IQ /:i.eoj -~-~.,.., =.=....,. ____ _
OTC Board of Commissioners' Minutes
October 27, 2009
Page 3
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By?-,~Pr;;~
Everett P. Erickson, Human Services Board Chair
Human Services Contract Approval
Motion by Lindquist, second by Rogness, and unanimously carried to authorize the Chairman's
signature to execute the following Human Services contracts:
Agency Program Effective Targeted Population Funding Source
Date
A Place to Belong 10/01/09 CSP -Adults with BCOW MH Initiative
(Addendum) Social Club through Serious & Persistent
12/31/09 Mental Illness
Steve & Deneise Residential Services/ 11/01/09 Elderly & Disabled Per State Rate
Synstelien Home Plus/Foster Care through AC/EW/CADI or TBI
Services 06/30/10 Waivered Funds
Land of the Transition to Housing 10/01/09 Elderly & Disabled L TCC State Funding
Dancing Sky MOU with services through
(WCAAA) consultation 12/31/09
Approval to Pay Bills & Claims
Motion by Lindquist, second by Rogness, and unanimously carried to approve payment of the Human
Services bills and claims as presented.
Adjournment
At 10:31 a.m., Chairman Erickson declared the meeting of the Otter Tail County Human Services
Board adjourned until 9:15 a.m. on Tuesday, November 10, 2009.
Dated: -~/ i-+/~loc...,/f-2o~a~'l~---OTTER TAIL COUNTY HUMAN SERVICES BOARD
Attest: ~~
Larr0<roh: Clerk
By~(J-{T(Rf P. c;: ~\
Everett P. Erickson, Human Services Board Chair
OTC Board of Commissioners' Minutes
October 27, 2009
Page 4
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, October 27, 2009, at
10:45 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 Huebsch, and unanimously carried to approve the Board of
Commissioners agenda of October 27, 2009 with the following changes:
1 :10 p.m. -Closed Session with Attorney, Mike Weaver -Postponed
1 :1 O p.m. -Closed Session for Attorney-Client Privilege and Labor Negotiation Strategies
Approval of Minutes
Motion by Froemming, second by Lindquist, and unanimously carried to approve the Board of
Commissioners minutes of October 20, 2009, as mailed.
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.
Fergus Falls South Demolition Landfill
Solid Waste Director, Mike Hanan submitted copies of several letters from John Helland as a follow-
up to the Fergus Falls South Demolition Public Hearing. One major issue discussed was the
proximity to the expansion varying in distance from 120' to about 200' off of Oak Street.
A comparison to other cities was not possible as generally, cities do not own demolition sites.
Consequently, many demolition sites are located outside of city limits. Discussion took place
regarding expectations of a green area which would create a buffer for the residents and how the
proposed expansion could reflect on the community wi_th its proximity to the interstate. Discussion on
this topic will continue at the next County Board meeting.
MnDOT Grant Transportation Project
City of Henning Mayor, Jim Hermanson requested that the County act as a sponsor for a
Transportation Enhancement Project and he briefed the Board on plans for a cultural museum.
RESOLUTION OF SUPPORT FROM SPONSORING AGENCY
Otter Tail County Resolution No. 2009 -54
Commissioner Froemming offered the following and moved its adoption:
BE IT RESOLVED: that Otter Tail County act as sponsor for a "Transportation Enhancements" project
identified as the Henning Transportation Museum 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 Rogness seconded the resolution and, upon being put to vote, the resolution was
unanimously adopted.
Dated: {I /63 )~00'7 I r
Attest: j~ ~
Larry Kron, C1rk
OTC Board of Commissioners' Minutes
October 27, 2009
Page 5
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By:g~p~
Everett P. Erickson, Board of Commissioners Chair
RESOLUTION OF AGREEMENT TO MAINTAIN FACILITY
Otter Tail County Resolution No. 2009 -55
Commissioner Froemming 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 to 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 the Henning Transportation Museum.
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.
Commissioner Rogness seconded the resolution and, upon being put to vote, the resolution was
unanimously adopted.
Dated: -~1..,1 /~o .... 3'-+/ .:i=oo~"l~---OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By:G~P ?;;~
Everett P. Erickson, Board of Commissioners Chair
Drainage System #21
Motion by Rogness, second by Huebsch, and unanimously carried to approve a culvert replacement
in County Ditch #21 that crosses Highway 18 to the east of the Highway 35 & 18 intersection.
Bike/Pedestrian Trail Project
Motion by Lindquist, second by Huebsch, and unanimously carried to support the City of Battle Lake's
grant application for the Battle Lake to Glendalough Bike/Pedestrian Trail project.
OTC Board of Commissioners' Minutes
October 27, 2009
Page 6
Detention Officer Replacement
Motion by Huebsch, second by Lindquist, and unanimously carried to authorize replacement of a full
time Detention Officer position because the Department of Corrections recommends a standard
staffing level for detention facilities.
Prairie Wind Energy, LLC Project
Prairie Wind Energy President, Terry Carlson, along with other members of his business and people
from Parkers Prairie met with the Board to address issues brought up at a previous County Board
meeting. Prairie Wind Energy, LLC is proposing operation of a 40-turbine wind farm north of Parkers
Prairie. Mr. Carlson noted that his company is completing its due diligence for this project.
Mr. Carlson submitted a document regarding this specific project along with various informational
attachments.
Commissioner Rogness questioned the impact for agriculture as it relates to aerial spraying.
Mr. Carlson focused on use of non-productive land which leads to financial gain for the landowner.
Agronomist, Dell Glasner, an independent crop consultant in Parkers Prairie since 1985, discussed
other options for spraying potatoes including ground spraying. Discussion took place regarding the
potential to move the geographic footprint for the project. Mr. Carlson cited problems with moving it to
a suggested location -a nearby hill. Problems included the trees, the lake below the hill, and the
proximity to the power grid on Highway 29.
Discussion occurred regarding appropriate setbacks from residences/neighbors. Mr. Carlson
explained that the federal government regulates setback and this wind project meets or exceeds the
current setback regulations in the Grant County ordinance.
With continuing questions regarding aerial spraying, Dell Glasner offered that potatoes are planted
every three years rotated with corn and beets which are generally sprayed with a ground rig. He
offered that pilots who are currently spraying around towers need to talk with other pilots. To alleviate
some concerns, the towers could be stopped and blades turned when specific wind speeds allow for
aerial spraying.
Applications for the Prairie Wind Energy LLC project have been submitted to the following agencies.
These applications then go to the Public Utilities Commission:
U.S. Fish & Wildlife, Army Corp of Engineers, Minnesota DNR, National Preservation Society, Natural
Resource Conservation Service, and Agricultural Stabilization and Conservation Service
Prairie Wind Energy Board-member, John Ihle, stated that the permitting process is organized through
the Minnesota State legislature under the control of the MPCA. The MPCA addresses issues such as
erosion control, noise pollution and road crossing permits. The road crossing per_mits are not needed
until construction. The project was started three years ago; however, various studies are completed
as the project progresses.
Mr. Ihle stated that Nordic 2.5 megawatt turbines have been selected for the project. Nordic has
installed thousands of these worldwide and they complete noise testing at different distances away
from the turbines. No turbine will be located without complying with state law. State law is a noise
level not to exceed 50 decibels. Project owners stated that they are trying to mitigate any problems in
the future putting this project together.
City/County Joint Meeting
OTC Board of Commissioners' Minutes
October 27, 2009
Page 7
At 11 :59 a.m. Chairman Erickson opened the City/County joint meeting regarding space for law
enforcement. County Facilities' Manager, Rick Sytsma explained the space needs of the Sheriffs
Department and the City Police Department as well as the master plan for the current footprint at the
Courthouse. The City Police Department will remain in the Courthouse for the short term. Various
options were suggested for long term space needs.
duCharme Case
At 1 :16 p.m., upon conclusion of the City/County Joint meeting, County Attorney, David Hauser,
reported that Pierre duCharme and Mary duCharme have appealed the decision of the Board of
Commissioners as it relates to a Public Hearing held on September 15, 2009, wherein a Conditional
Use Permit was denied.
Closed to the Public
At 1 :23 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners closed to the public to discuss litigation in the matter of foreclosure proceedings
relative to the Ethanol Plant. 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.
Closed to the Public
At 1 :35 p.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 2:32 p.m., upon
conclusion of the closed session, Chairman Erickson declared the meeting opened to the public for
the remainder of the agenda items.
Land & Resource Department
Shore/and Management Ordinance:
At 2:39 p.m., Chairman Erickson declared the meeting of the Board of Commissioners opened to the
public. Land & Resource Director, Bill Kalar, provided a packet of information and briefed the Board
regarding the history of the regulation that prohibits property owners from storing their recreational
camping units on a standard lake lot. Otter Tail County restricts a single family residential lot to 1
dwelling unit with the exception of a tent no more than 100 sq. feet in size. Enforcement by complaint
was discussed. Mr. Kalar recommended a change to the Shoreland Management Ordinance to allow
1 permanent dwelling and 1 RCU on a standard sized lot conditioned upon complying with setback,
impervious surface, and sanitation requirements. Site Permit required for each. Motion by Huebsch,
second by Rogness, and carried with Froemming opposed, to pursue a change in the Shoreland
Management Ordinance (SMO) as it relates to recreational camping units.
Sanitation Code:
Mr. Kalar provided a Sanitation Code update. The State adopted new rules in 2008 and Otter Tail
County has two years to adopt compliance rules based on the State's 2008 rules. Because there are
some issues with the 2008 rules, the State may revise those rules in the summer of 2010. This
situation requires the County to go through extra work and expense to update compliance rules twice
in one year and is confusing for septic system installers. The Board directed the County Attorney to
contact legislators to introduce a law the first week of the session on this issue. Mr. Kalar is proposing
that staff review the new rules and provide a proposal. A Public Hearing would be required in January
and the proposal be submitted to the Minnesota Pollution Control Agency in February of 2010.
OTC Board of Commissioners' Minutes
October 27, 2009
Page 8
Citizen Concern:
Mr. Kalar discussed a letter dated September 21, 2009 from Thomas C. Franklin in regards to a road
access issue. After a briefing on the situation, it was determined that the County does not have
authority regarding the road access. Mr. Kalar will respond by letter to Mr. Franklin explaining the
County's position.
Insurance Renewal
Motion by Erickson, second by Rogness, and carried with Froemming opposed, to approve the 2010
Otter Tail County Benefit Plans as submitted with the same insurance carriers as in 2009. The Pre-
tax Premium Reimbursement Flexible Spending Account will not be added to the benefit package at
this time, as recommended by the majority of the Insurance Committee.
Adjournment
At 3:46 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, November 3, 2009.
Dated: --'"l/4/-"00=.../<-=.:i.=0o=-'-'1 __ _
Att,sl ~ ~ Larr~c'ie
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By~~ P. ca.N-st)¢av:\
Everett P. Erickson, Board of Commissioners Chair
CB/kd
OTC Board of Commissioners' Minutes
October 27, 2009
Attachment A, Page 1
WARRANTS APPROVED ON 10/27/2009 FOR PAYMENT 10/27/2009
VENDOR NAME
A-1 LOCK & KEY LLC
A'VIANDS LLC
APPLELAND LAW ENFORCEMENT
JANE BAUMGARTNER
BOUND TREE MEDICAL LLC
BRAUN INTERTEC CORPORATION
BRIGGS CORPORATION
BUY-MOR PARTS & SERVICE LLC
CALL ONE INC
CAPRA'S SPORTING GOODS
CBCINNOVIS INC
CENTRAL LAKES COLLEGE
CERTIFIED AUTO REPAIR
CHARTER COMMUNICATIONS
CIT TECHNOLOGY FIN SERV INC
GORDON CLINE
COMMISSIONER OF TRANSPORTATION
COOPERS TECHNOLOGY GROUP
DAN'S TOWING & REPAIR
LAWRENCE DEAL
KATHY DOMHOLT
EVERGREEN EQUIPMENT INC
FOTH & VAN DYKE
MISSY FUNKHOUSER
G & K SERVICES
GALL'S INC
GENERAL IRRIGATION & DEWATERIN
MYRON GRAFF
WESLEY HALBAKKEN
HENNING AUTO PARTS INC
HOUSTON ENGINEERING INC
INNOVATIVE OFFICE SOLUTIONS
JILL JACKSON
KELLY SERVICES INC
LAKE REGION DENTAL CENTER
LAKES COUNTRY SERVICE CO OP
LARRY OTT INC TRUCK SERVICE
LAW ENFORCEMENT TRAINING SERVI
LAWSON PRODUCTS INC
LOCATORS & SUPPLIES INC
M-R SIGN COMPANY INC.
MACQUEEN EQUIPMENT INC
MARCO INC ST LOUIS
MIDWEST PRINTING CO
MN CO INSURANCE TRUST
MN DEPT OF COMMERCE
MN FALL MAINTENANCE EXPO
MN STATE AUDITOR
CLIFFORD MOEN
MOORE MEDICAL LLC
NAPA FERGUS FALLS
NELSON BROS PRINTING
OFFICE DEPOT
OLYMPIC SALES INC
OTIS ELEVATOR CO
OTTER TAIL CO TREASURER
AMOUNT
138.33
5,693.47
373.04
44.39
186.35
16,722.11
182.44
11.46
192.87
935.17
12.25
450.00
3.76
68.35
190.53
209.94
1,384.10
98.73
200.93
12,336.00
11.75
10,204.09
5,781.25
45.62
1,088.87
378.48
2,081.12
2.13
4,356.00
107.98
12,456.25
105.19
15.20
350.00
563.00
165.66
625.00
840.00
332.69
153.69
664.37
1,488.08
232 06
267.19
35.00
225.00
5000
3,718.00
4,320.00
226.03
31.36
184.94
111.77
134.00
113.04
1,194.13
OTC Board of Commissioners' Minutes
October 27, 2009
Attachment A, Page 2
OTTERTAIL TRUCKING INC
PAULSON LAND CO
PERHAM CO OP CREAMERY
PERHAM MEMORIAL HOSPITAL & HOM
PRAIRIE IMPLEMENT INC
PROACTION UNIFORMS
QUARTERMASTER
QUILL CORPORATION
THE RAZOR BLADE COMPANY
RDO EQUIPMENT CO
RDO EQUIPMENT CO FARGO
SERVICE FOOD SUPER VALLI
KEVIN SONSTEBO
STEINS INC
STREICHERS
TOM AVANT PAINTING
TRI STAR RECYCLING
UL TEIG ENGINEERS
UNIFORMS UNLIMITED
UNIVERSITY OF MN
VIKING COCA-COLA
WEST GOVERNMENT SERVICES
WEST PAYMENT CENTER
.... FINAL TOTAL .....
5,490.00
750.00
1,649.11
15.00
113.97
79.99
88.14
595.94
122.50
103,166.44
691.06
73.13
76.03
3,017.87
1,420.98
4,000.00
11,703.04
24,122.77
878.23
270.00
220.16
84.70
649.87
$251,372.09 ....