HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/03/2009MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
November 3, 2009
9:15 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, November 3, 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 Rogness, and unanimously carried to approve the Board of
Commissioners agenda of November 3, 2009, as mailed.
Approval of Minutes
Motion by Rogness, second by Huebsch, and unanimously carried to approve the Board of
Commissioners meeting minutes of October 27, 2009 as presented.
Approval to Pay Bills
Motion by Lindquist, second by Rogness, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Committee of the Whole Discussion
Discussion took place regarding wind turbines and what may be expected of the County Board in the
future. Otter Tail County does not currently regulate wind towers outside of the shoreland area except
for required setbacks.
City of Fergus Falls South Demolition Landfill
Solid Waste Director, Mike Hanan, provided a packet of information including responses from the City
of Fergus Falls and the Minnesota Pollution Control Agency (MPCA) addressing citizen's concerns
regarding the proposed City landfill. City staff and MPCA Engineer, Kathy Holland-Hanson, were
present for the discussion. Mr. Hanan also submitted a summary of citizen concerns expressed
during the MPCA comment period as follows: 1) proximity to residential dwellings, 2) visual impacts,
3) dust, 4) litter/dumping garbage at the proposed gate, 5) noise, 6) traffic, 7) proximity to adjacent
wetland and, 8) decreased property values.
Several maps were posted of the current landfill and proposed new landfill areas. Mr. Hanan pointed
out that the City's original plan was to permit a portion of the northwest corner of the property for their
first demolition cells, with a 5-10 year capacity in that area before they moved to the east, which is an
area causing more concern for the residents. Since then, the MPCA indicated that the original
requested capacity of area to the northwest is about 90,000 cubic yards; however, the City is
requesting a permit for about 36,000 cubic yards. City Engineer, Dan Edwards showed Phase I as
the area closest to the Interstate that was to be permitted under the old permit to give 4-5 years
additional capacity. The plan was changed and the interior cell is Phase I with the plan to move to the
south after the Phase I cell in the northwest corner is filled rather than develop the remaining portion
of the northwest property. This leaves Phase II as a possibility to increase capacity in the future .
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OTC Board of Commissioners' Minutes
November 3, 2009
Page 2
Discussion took place regarding the need for more permitting time if the plan was modified.
Ms. Holland-Hanson from the MPCA explained that the City was planning to use the northwest corner
as their interim demolition site and then move to the south cell. The MPCA issues permits for 10
years. Discussion took place regarding the realities of separating cement and wood to recycle to
extend the life of the demolition cells. Ms. Holland-Hanson explained that a sustainable market for
recyclables is difficult in the rural areas. The metropolitan areas are struggling with this issue at this
time because of the economy.
The location of the site in the northwest corner of the property was pointed out and it was noted that
there is room for two cells in this area with a potential for 10 years of usage. The proposed driveway
and new office location was shown and changes discussed with the location of the office to alleviate
traffic from backing up onto Oak Street. The proposed area for waste composting and the transfer
station were pointed out along with the current residences on the east side of the property.
Mr. Edwards proposed the possibility of developing both of the sites in the northwest corner. After
those cells are filled the City could then move to an area further north rather than to the south of the
property to have less impact on the residences. Constructing an 8-foot fence along the east would be
part of the plan along with trees for screening. Commissioners again discussed the desire to
maximize the life of the cells in the northwest and to make a decision that does not adversely impact
citizens down the road. Mr. Hanan suggested use of the middle area which is about 88,000 cubic
yards for a demo site instead of composting which could be moved to the east to maximize the
property.
City officials agreed to re-draw the demolition landfill plan which will require the MPCA to re-notice the
public for an additional 30-day comment period. The County could then coordinate a public hearing
and decision for licensing the new plan with the end of the new MPCA 30-day comment period.
County and City staff will continue to work towards a solution.
Recess & Reconvene
At 10:25 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 10:31 a.m.
Forgiveness of Penalty Request
Motion by Froemming, second by Lindquist, and unanimously carried to deny a forgiveness of tax
penalty request, in the amount of $47.10, as requested by Frederick Simmons for the following
parcels: R 35000140123001, R 35000150145001, R 29000990864002, & R 35000140123000. The
County did not make an error in this situation.
Staffing Decision
Motion by Lindquist, second by Rogness, and unanimously carried to authorize the Sheriff to hire a
temporary employee (less than 6 months employment) to complete a records scanning project for the
Detention Facility. This project was approved prior to the hiring freeze.
County Drainage Systems
Countv Ditch # 29:
Ditch Inspector, Randy Wasvick, reported that beavers and a large beaver dam need to be removed
from Ditch #29 which empties into Rush Lake; however, the total cost of the work could exceed the
dollars in the Ditch #29 Fund. Motion by Huebsch, second by Froemming, and unanimously carried to
approve borrowing from the General Fund for the work recommended by the Ditch Inspector in
Ditch #29 if needed.
Countv Ditch #43:
OTC Board of Commissioners' Minutes
November 3, 2009
Page 3
On behalf of Dwight Hintermeister, Mr. Wasvick requested approval to fill, with a load of gravel, a
portion of an access road in Ditch #43 to reach farm property. Motion by Lindquist, second by
Froemming, and unanimously carried to approve placing a load of gravel on the approach over
Ditch #43 on Dwight Hintermeister's property because the work does not impede the flow of water.
Countv Ditch #52:
Mr. Wasvick briefed the Board regarding tiling, approved by the NRCS, on Darrell Gillespie's property.
No action was taken.
Bid Award -Lake Olaf Project
Motion by Erickson, second by Lindquist, and unanimously carried to award the Phase IA
Archaeological Survey for the Lake Olaf Drawdown Project, S.A.P. 56-630-10, to the low bidder,
Summit Envirosolutions of St. Paul, in.the amount of $2,600.
Recess
At 11:15 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 11 :25 a.m.
Surveyor's Certificate of Correction to Plat
Motion by Froemming, second by Huebsch, and unanimously carried to approve the Surveyor's
Certificate of Correction to Plat for the plat entitled Star Ridge Estates as prepared by Roy A. Smith,
Minnesota Licensed Land Surveryor (License No. 12004). The plat of Star Ridge Estates is located in
Section 23 of Star Lake Township on Star Lake.
Special Assessment
Motion by Huebsch, second by Froemming, and carried with Erickson opposed to certify, as a special
assessment (lien), the amount of $2,209.99, which is the cost associated with the eradication of
noxious weeds on Parcel No. 35-000-34-0273-000, legally described as the West Half of the
Northeast Quarter of Section 23, Township 134, Range 38. This special assessment is to be levied
equally over a 7 year period with an interest rate of 6%.
Recess
At 11 :40 a.m., Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners recessed for a Building Committee meeting.
Closed to the Public
At 11 :50 a.m., the otter Tail County Board of Commissioners' meeting was reconvened and closed to
the public to discuss litigation in the matter of foreclosure proceedings for 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, Lindquist & Vennum Attorney,
Mike Weaver, and Board Secretary.
Recess
Closed to the Public -Attorney/Client Privilege
At 1:16 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break. At 1 :53 p.m. ChaiFman Erickson declared the meeting of
the Otter Tail County Board of Commissioners reconvened and closed to the public to discuss a
proposed settlement relating to a termination grievance. 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.
OTC Board of Commissioners' Minutes
November 3, 2009
Page4
Closed to the Public -Labor Negotiation Strategies
At 2:10 p.m., Chairman Erickson declared the Board of Commissioners' meeting 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.
Reconvene/Adjournment
At 2:42 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of
Commissioners opened to the public. The meeting was adjourned at 2:47 p.m. until Tuesday,
November 10, 2009.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest ~&£
LarryKro, Clerk
B&~ H ~~"'>
Everett P. Erickson, Board of Commissioners Chair
CB/kd
OTC Board of Commissioners' Minutes
November 3, 2009
Attachment A, Page 1
WARRANTS APPROVED ON 11/03/2009 FOR PAYMENT 11/03/2009
VENDOR NAME
ALEXANDRIA TECHNICAL COLLEGE
ARK& SPARK
BRIAN ARMSTRONG
BACHMAN PRINTING COMPANIES
BARNA GUZY & STEFFEN LTD
BECKLUND OIL CO
DWIGHT SERVEN
BOBCAT OF OTTER TAIL COUNTY
BOUND TREE MEDICAL LLC
STEVE BRANDNER
CARR'S LAKE COUNTRY SUPERMARKE
COOPERS TECHNOLOGY GROUP
DACOTAH PAPER COMPANY
DESIGN ELECTRONICS
DEX EAST
E & J PRESS
FASTENAL COMPANY
FERGUS FALLS MEDICAL GROUP
CITY FERGUS FALLS
FRAZEE ELECTRIC INC
FRONTIER PRECISION INC
MISSY FUNKHOUSER
GALL'S INC
MYRON GRAFF
GRAINGER INC
GRANT CO HIGHWAY DEPT
HEALTHCARE ENVIRONMENTAL SERVI
HERZOG ROOFING INC
HEWLETT PACKARD COMPANY
INNOVATIVE OFFICE SOLUTIONS
ISSUETRAK INC
KEEPRS INC CY'S UNIFORMS
KELLY SERVICES INC
JILL KLUCK
LAKE REGION DENTAL CENTER
LAKE SUPERIOR COLLEGE
LAKELAND MENTAL HEALTH CENTER
LOCATORS & SUPPLIES INC
LONG WEEKEND SPORTSWEAR
KAREN LUNDIN
M-R SIGN COMPANY INC.
MARTIN'S PAINTING & MORE
MCCC Ml 33
MEKALSON HYDRAULICS INC
GEORGE MEYER
MN ATTORNEY GENERAL'S OFFICE
MN CO INSURANCE TRUST
MN DEPT OF COMMERCE
MN HWY SAFETY AND RESEARCH GEN
MN STATE AUDITOR
DEBORAH MORRIS
NELSON AUTO CENTER
NORTHLAND CONSTRUCTION OF UNDE
OFFICE DEPOT
OTTER TAIL CO EMPLOYEES COMMIT
OTTER TAIL CO PUBLIC HEALTH
OTTER TAIL CO TREASURER
878.00
AMOUNT
900.00
99.89
233.20
404.68
351.00
1,696.12
202.34
106.88
538.65
106.97
35.85
28.59
527.62
21.36
410.29
277.87
73.87
2,740.00
5,285.33
1,500.00
18.17
120.93
92.21
134.95
261.12
1,000.00
87.30
33,539.85
540.03
6,242.58
600.00
631.80
350.00
61.77
187.00
150.00
1,507.00
162.34
58.00
11.99
716.45
1,410.00
42.91
1,738.28
571.87
78.83
103.00
270.00
1,690.00
95.95
24.76
900.00
98.30
58.00
61.04
1,503.66
OTC Board of Commissioners' Minutes
November.3, 2009
Attachment A, Page 2
OTTERTAIL TRUCKING INC
OVERLAND MECHANICAL SERVICES
PEPSIAMERICAS
PHILLIPE LAW OFFICE
RINGDAHL AMBULANCE SERVICE
SCHWAAB INC
SERVICE FOOD SUPERVALU
SRF CONSULTING GROUP INC
JOHN STEINBACH
STEINS INC
STREICHERS
SWANSTON EQUIPMENT CORP
DARREN TORGUSSON
TRANQUILITY BUILDING SERVICES
UNIVERSITY OF MN
VOSS LIGHTING
WHITE BANNER UNIFORM SHOP
ZACK JONES & MAGNUS
.... FINAL TOTAL ...... .
4,528.00
1,649.66
266.50
236.30
630.93
70.34
129.79
4,618.71
64.04
397.30
381.53
8,550.00
1,219.50
454.22
215.00
194.13
50.00
70.00
$95,264.55 ....