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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 12/22/2009MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 W. Fir Avenue, Fergus Fall~, MN December 22, 2009 9:15 a.m. Call to Order • The Otter Tail County Board of Commissioners convened Tuesday, December 22, 2009, at 9:16 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 Board of Commissioners agenda of December 22, 2009, with the following changes: Cancel Closed Session for Attorney Client Privilege And replace with Closed Session for Labor Negotiation Strategies Approval of Minutes Motion by Rogness, second by Huebsch, and unanimously carried to approve the Board of Commissioners meeting minutes of December 15, 2009 as presented. Approval to Pay Bills Motion by Lindquist, second by Huebsch, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Demolition Landfill License Application Solid Waste Director, Mike Hanan and City of Fergus Falls Officials discussed an updated proposal for expansion of the Fergus Falls demolition landfill. Board members were provided a map of the original expansion proposal, revised proposal (dated 11-23-09) and several memos regarding the expansion request. City Engineer, Dan Edwards referred to a map of the new proposal and explained the changes. The City will develop two demolition cells to the northwest which are further from the residences and less visible from Interstate 94. This will allow for approximately 8 to 10 years of disposal capacity before the City moves development to the east. The City has indicated that they will begin development in Phase 3A as they feel that this area is screened from the residences by both a hill and by trees that exist on the residents' property. This Phase development will allow additional time for the City to develop screening through fencing and growth of trees and other vegetation along the fence. Mr. Edwards indicated that the City does not believe that the area to the east of Phase 1 and Phase 2 can be developed because that area contains sandy soils and may require the use of liners if it were to be used for land filling. The City intends to use this area for on site composting activ_ities. Discussion took place regarding natural fencing, planting of larger trees, signage, and the permitting process. Motion by Rogness, second by Huebsch, and unanimously carried to move forward with scheduling a Public Hearing for the licensing of the proposed City of Fergus Falls Demolition Landfill expansion. Closed to the Public At 9:50 a.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners closed to the public for purpose of discussing labor negotiation strategies relative to the Human Services and Nursing collective bargaining units. Present were all five seated Commissioners, the County Attorney, County Coordinator, and Board Secretary. OTC Board of Commissioners' Minutes December 22, 2009 Page 2 Recess & Reconvene At 10:47 a.m., upon conclusion of the closed session, Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. At 10:50 a.m., Chairman Erickson declared the meeting reconvened and open to the public. License Applications Motion by Froemming, second by Erickson, and unanimously carried to approve the following applications for license: Dennis R. Mosher Dalton Municipal Liquor Store Dalton, MN 56324 Susan Rund Fisherman's Corner Store, Inc. Dalton, MN 56324 Catherine Johnson Under Mart, Inc. Underwood, MN 56586 Tobacco Tobacco Tobacco Certificates of Correction to Plat Motion by Rogness, second by Huebsch, and unanimously carried to approve the attached (Attachment B) Land Surveyor's Certificate of Corrections to the following plats: Plat of Schermerhorn Beach (Section 13 of Dora Township) and Plat of Lundquist's Addition to Clitherall (Section 6 of Nidaros Township) Agreement with University of Minnesota Extension Motion by Huebsch, second by Froemming, and unanimously carried to authorize the Chair and the County Attorney's signatures on the agreement between the University of Minnesota and Otter Tail County for providing local University of Minnesota Extension programs and employing extension staff for the period of January 1, 2010 through December 31, 2010. Payment Approval Motion by Huebsch, second by Froemming, and unanimously carried to approve payment to Lindquist and Vennum, in the amount of $18,095.60, for professional legal services regarding Otter Tail Ag Enterprises, LLC. Audit of Financial Statements Motion by Rogness, second by Froemming, and unanimously carried to authorize the Chair of the Otter Tail County Board of Commissioners, the County Coordinator, and the County Auditor to sign the management representation letter for the audit of the financial statements for the year ended December 31, 2008. Mileage Reimbursement Rate Auditor, Wayne Stein reported that the IRS mileage reimbursement rate is $0.50 per mile effective January 1, 201 O. Otter Tail County follows the I RS rate for reimbursement purposes. OTC Board of Commissioners' Minutes December 22, 2009 Page 3 County Drainage System No 31 Ditch Inspector, Randy Wasvick reported that County Ditch No. 31 is south of Underwood. The ditch starts at German Lake and flows through Dane Lake to Long Lake. Landowner, Ricky Leitch has reported that there is a beaver dam at the outlet of Dane Lake which is in the ditch system. He estimated that the beaver dam is holding back 2' to 3' of water and is backing up onto some of his tillable land. Mr. Wasvick stated that there is no funding for maintenance of this ditch system. He requested, on behalf of Mr. Leitch, permission to remove the beaver dam at the landowner's expense. Discussion took place regarding the problems of removing the beaver dam when there is ice on Dane Lake and the need for a slow release of water if possible. Motion by Lindquist, second by Rogness, and unanimously carried to authorize Ricky Leitch to remove a beaver dam located at the outlet of Dane Lake in County Ditch System No. 31 in the spring of 2010 when the ice thaws. This work will be supervised by the Ditch Inspector. Minnesota Agricultural Property Tax Law Assessor, Bob Moe, provided a sample of the letter that has been mailed out informing property owners of the 2009 legislative changes to the Minnesota Agricultural Property Tax Law known as Green Acres. He also provided a fact sheet from the Minnesota Department of Revenue website. Mr. Moe reported that approximately 900 letters have been mailed to property owners currently enrolled in the Green Acres program. The DOR information explains the changes and options in the new law, along with requirements of each option and the corresponding deadlines. Mr. Moe stated that if a property owner does not respond to the letter, the Assessor's office will assume that the property owner does not wish to make any changes to the Green Acres status of their parcels of land. Recess & Reconvene At 11 :30 a.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners recessed for a Highway Committee meeting and lunch break. The meeting was reconvened at 1 :00 p.m. Wind Energy Presentation Steve Haiby with Lake Region Electric Corporation and Mark Rathbun of Great River Energy presented a wind energy power point. Mark Rathbun explained that GRE is a wholesale supplier of wind facilities. Wind developers own and operate the projects, receive federal incentives, and pass the energy and cost incentives to GRE. GRE insures that the developer has met all the permitting requirements and has contracts in place with the landowners hosting the turbines before allowing the project on-line. There are State regulations for distance and sound. The Minnesota Department of Health has written a white paper regarding the low frequency sound created by wind turbines, which is an area that needs additional study. Mr. Rathbun noted that there are documents written by policy makers that explain the regulations. Local government may be more restrictive. GRE is a Generation and Transmission Cooperative serving over 630,000 consumers. Mr. Rathbun discussed GRE renewable energy activities including wind, solar, biomass and energy from municipal solid waste. GRE is required to generate 25% of their electricity from renewable energy by 2025 with intermediate requirements in earlier years. GRE has 318 megawatts of wind energy and will need to purchase 900 megawatts by 2025. Discussion took place regarding conservation of energy. Mr. Rathbun stated that producing energy from renewable sources is only part of the solution. The U.S. uses twice as much energy per capita as the UK and some European countries. GRE is required to help customers/members reduce energy. Discussion continued regarding carbon legislation and its affect on renewable energy demand and project cost and competitiveness. OTC Board of Commissioners' Minutes December 22, 2009 Page 4 Recess & Reconvene At 1 :52 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 2:01 p.m. Surface Water Discussion General discussion took place regarding the need for the Board to develop a vision/mission statement for County representatives in reference to various entities regulating or dealing with surface water/flooding issues. Quit-Claim Deeds Motion by Rogness, second by Lindquist, and unanimously carried to authorize the Chair's signature to execute a Quit-Claim Deed conveying property to Wesley E. Johnson and Luann M. Johnson described as follows: Tract A That part of the Northwest Quarter of the Northeast Quarter of Section 24, Township 133 North, Range 38 West, Otter Tail County, Minnesota, described as follows: Beginning 628 feet east and 33 feet south of the north quarter corner of said Section 24; thence south 150 feet; thence east 451.2 feet; thence North 12 degrees 03 minutes West 153 feet; thence west 420 feet to the point of beginning; excepting therefrom the right of way of highway existing prior to January 1, 1934; Which lies southerly of a line run parallel with and distant 100 feet southerly of Line 1 described below: Line 1. Beginning at a point on the east line of Section 13, Township 133 North, Range 38 West, distant 6.0 feet north of the southeast corner thereof; thence westerly to a point on the north and south quarter line of said Section 24, distant 5.60 feet south of the north quarter corner thereof, and there terminating; Containing 0.80 acre, more or less. Motion by Huebsch, second by Lindquist, and unanimously carried to authorize the Chair's signature to execute a Quit-Claim Deed conveying property to the State of Minnesota described as follows: Lot 7 of Walls Wooded Acres, Otter Tail County, Minnesota Approval to Pay Bills & Claims Motion by Froemming, second by Rogness, and unanimously carried to approve payment of the Human Services bills and claims as presented. 2010 Employer Contribution for Benefits Motion by Rogness, second by Huebsch, and unanimously carried to approve a $50 per month increase to the employer contribution toward benefits for non-union employees effective January 1, 2010. The motion establishes the non-union benefit contribution at $925.00 per month. 2010 Compensation Established for County Commissioners Motion by Froemming, second by Rogness, and unanimously carried to establish the annual 2010 compensation for Otter Tail County Commissioners at $31,581.00 which is the same rate as the CY2009 compensation. Adjournment OTC Board of Commissioners' Minutes December 22, 2009 Page 5 At 2:46 p.m., Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, December 29, 2009. Dated: _..._/-=Z.'--_,;J,:=---:,_-o~<f~--OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:~L>€AAf (J, ~~ Everett P. Erickson, Board of Commissioners Chair CB/kd OTC Board of Commissioners' Minutes December 22, 2009 Attachment A, Page 1 WARRANTS APPROVED ON 12/22/2009 FOR PAYMENT 12/22/2009 VENDOR NAME A&M ALL HOURS TOWING A-1 LOCK & KEY LLC A'VIANDS LLC AUTO VALUE WADENA BARNA GUZY & STEFFEN LTD BERTS TRUCK EQUIPMENT OF MHD I BEYER BODY SHOP INC BOB'S STANDARD BULK SERVICE BRADSHAW & BRYANT PLLC BUY-MOR PARTS & SERVICE LLC CATCO PARTS AND SERVICE CDW GOVERNMENT INC CHEMSEARCH CLAY CO TREASURER CODE 4 SERVICES LLC COMSTOCK CONSTRUCTION INC COOPERS TECHNOLOGY GROUP COUNTRY GLASS INC CUMMINS NPOWER LLC D & T VENTURES LLC ELECTION SYSTEMS & SOFTWARE IN HELEN ERKENBRACK FARNAM'$ GENUINE PARTS INC FERGUS ELECTRIC CITY FERGUS FALLS FERGUS POWER PUMP INC FRAZEE ELECTRIC INC FSH COMMUNICATIONS LLC G & K SERVICES GE CAPITAL (CA) GODFATHERS EXTERMINATING INC GOOD POINTE ZOOM GOPHER STATE ONE CALL GRAINGER INC HEDAHLS HEADQUARTERS HENRY'S FOODS INC INDEPENDENT EMERGENCY SERVICES INNOVATIVE OFFICE SOLUTIONS JK SPORTS JOHNSTON FARGO CULVERT INC KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC KRIS ENGINEERING INC LAKELAND MENTAL HEALTH CENTER LARRY OTT INC TRUCK SERVICE LAWSON PRODUCTS INC LOCATORS & SUPPLIES INC MANNY'S -ROCKY'S BAIT MARCO MARCO INC ST LOUIS MCCC Ml 33 STEWART MENSING WENDY METCALF MIDWEST PRINTING CO MIDWESTERN MAT RENTAL & SUPPLY MN ASSOC OF CO ADMINISTRATORS MN DEPT OF TRANSPORTATION MN MOTOR COMPANY AMOUNT 270.00 135.23 37.00 23.61 5,402.45 13.36 90.84 196.22 5,235.79 21.76 250.49 3,042.93 481.50 3,617.26 310.50 6,788.00 58.52 37.50 1,134.89 739.00 36.37 7.11 754.89 257.00 13,400.75 266.25 192.00 64.13 924.58 37405 263.13 70.50 25.80 120.60 23.73 1,359.36 64.22 1,127.18 310.49 372.89 1,067.61 560.00 12,226.50 873.00 1,325.00 229.50 29.97 456.31 32,048.33 320.89 970.00 89.99 35.00 475.59 79.99 80.00 50.00 26.72 OTC Board of Commissioners' Minutes December 22, 2009 Attachment A, Page 2 MN OFFICE OF ENTERPRISE TECHNO MN POLLUTION CONTROL AGENCY MN STATE AUDITOR MN STATE DEPT OF COMMERCE KURT MORTENSON MSPACE FOX RIVER GRAPHICS NELSON AUTO CENTER NETWORK CENTER COMMUNICATIONS NORTHLAND REBUILDING NORTHWEST DIVERS OFFICEMAX INCORPORATED OLSON OIL CO INC OTTER TAIL TELCOM OTTERTAIL BAKERY OTTERTAIL TRUCKING INC OVERLAND MECHANICAL SERVICES PENN CAMERA PEPSIAMERICAS PERHAM CO OP CREAMERY PERHAM PRINTING & SUPPLY PERHAM STEEL & WELDING PERRIN MOBILE MEDICAL PHILLIPE LAW OFFICE RDO EQUIPMENT CO FARGO RED BARN PLAT BOOKS KENNETH RIAN RINGDAHL AMBULANCE SERVICE ROYAL TIRE INC VICKI SCHWANKE SIMPLEXGRINNELL LP STATE INDUSTRIAL PRODUCTS STEINS INC STEVE'S SANITATION INC SUPER SEPTIC & EXCAVATION THYSSEN KRUPP ELEVATOR CORPORA TNT REPAIR INC TOWMASTER TRANQUILITY BUILDING SERVICES UNIFORMS UNLIMITED VICTOR LUNDEEN COMPANY VIKING COCA-COLA VOSS LIGHTING WALLWORK TRUCK CENTER WELLS ROAD GRADING WEST GOVERNMENT SERVICES WEST PAYMENT CENTER ZACK JONES & MAGNUS ZIEGLER INC •••• FINAL TOTAL ..... . 1,200.00 15.00 26,921.77 200.00 63.80 304.02 33,498.33 425.00 95.00 110.89 70.47 73.10 512.89 113.68 5,358.00 726.48 97.27 746.20 1,994.30 3.84 183.25 232.42 205.00 1,798.49 1,290.00 119.99 100.00 2,201.90 77.00 384.75 260.14 441.10 45.63 77.19 511.50 8.00 224.56 454.22 234.07 25.64 275.20 764.97 1,747.61 70.00 84.70 649.87 63.82 1,489.49 $185,396.83 •••• OTC Board of Commissioners' Minutes December 22, 2009 Attachment B, Page 1 LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT Name of Plat: BCHERIIERHORN BEACH PUf'lluant II) the provision of Chapter 505.175, Laws of Minnesota, 1957, David A. Andenion, License No. 13620, the undersigned, a Profesaional Land Surveyor In and for the State of Mlnneaota, decla..-as follows: 1. That the plat of SCHERMERHORN BEACH, dawd Oecember 30, 1958 and Hied on February 5, 1959 In the office of the County Recorder, Otter Tall County, Minnesota, In Book L of Plats, Page 46, was prepared by cart J. Nedberge, Mlnn11801a Registarad Land Surveyor No. 3277, now deoeaaed 2. The legal deSCriplion on said plat does not contain a proper basis of bearings and the plat appears to omit a portion of the property southerly of the survey line. The plat does however, contain sufficient d- to property describe the property. 3. The legal description is hereby con"BCted to as follows: That c:erlain land in Govemment Lot 1 and the East Half of the Northeast Quarter Of Section 13, Township 136 North, Range41 Weal of the 5°' Principal Meridian In Otter Tall County, Minnesota, described as follows, to wit: Beginning at the northwe&t comer of said East Half of the Northeast Quartar, thence on an assumed bearing of East alOng the north line of said section 13, a distance of 116.00 feet; thence South 00 degrees 10 minutes East 2979.50 feat; thence South 88 degrees 03 minutes East 304.10 feet; thence North 74 degrees 53 minutes East 768.40 feat; thence South 03 degrees oo minutes East 280 feet more or le88 to the shoreline ofWeat McDonald Lake; thence southwest along said ahorellne to the wast line of said Government Lot 1: thence North 00 degrees 10 minutes West along said wast line of Government Lot 1 and the west line of said East Half of the Northeast Quarter, a distance of 3311.5 feet more or Iese to the point of beginning; • avid A Anderson Professional Lend Sur,ieyor Minn. Lleensa No. 13820 STATE OF MINNESOTA COUNlY OF OTTER TAIL 6f • nie torego!ng instrument was ac1cnow1adgect before me t11ia J:::.. c1ay ot f)f C em~r . by David A Anderaon. • - .;w,'j, ,.,-•·-.,. LYNETTE !RENE BETHEL ~ NOTARY PUBLIC-,.,1,•"~1:SOTA --~ ~,7Zi-~ N Public ~ My ComllllSSion Expires JAN. 31, 0011 onar Tail County, Min~ 3 I My Comml88lon Expo--ll •'t ~ I This above Cerllflcata of C041ect10n to the plat of SCHERMERHORN BEACH ha& been approved by the Board of Commls81oners of Ollar Tall County, Minnesota, at a regular meeting held on the J.J,./d day of ~6,,;,. 2001. ) ✓IJ Gx,~(?.~;>-.r-,,Lu:-~ __.c,L-~-=~~·~~=----- Chalrman of the County Board Attast / OTC Board of Commissioners' Minutes December 22, 2009 Attachment B, Page 2 LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT Name of Plat: LUNDQUIST'S ADDITION TO CLITHERALL, OTTER TAIL CO. MINN. Pursuant to the provision of Chaptar 505.175, Laws of Minnesota, 1957, David A. Anderson, License No. 13620, the undersignad, a Proleasional Land Surveyor in and for the stata of Minnesota, declares as follows: 1. That the plat of LUNOQUISTS ADDITION TO CLITHERALL, OTTER TAIL CO. MINN .. dated November 26, 1901 and flied on December 18, 1901 in the office oflhe County Recorder. Otter Tail County, Minnesota, In Book E of Plats, Page 35, was prepared by Martin Aalberg, Oita< Tail County Surveyor, now deceased. 2. That the portion of the legal description on said plat as follows, to wit: ........ Thence South on said line three hundred nine (309) feet to Iha shore of Lake Clitherall, thence N 86 2/4 degrees W two hundred fifty (250) feet, thence S 88 degrees W three hundred (300) feet, lhenoe S 80 degrees W two hundred fifty (250) feat thence S 75 ½ degrees W three hundred fifty-two (352) feat to the place of beginning ........ 3. la hereb)t' cg,rectad to as follows. to wit ........ Thence South on said line three hundred nlne (309) feat to the ahora of Lake Clitherall, lhenoe N 86 2/4 degreea w two hundred fifty (250) feat along said shore of Lake Ciltheran, thence s ee degrees W three hundred (300) feat along sajg shon, of Lake Ct;theraH, thence s eo degrees w two hundred fifty (250) feat along said shore of Lake cntheratt, thence s 75 ½ degrees w three hundred fifty-two (352) feat a19ng said sham ot Lake CHll)eraH to the place of beginning ........ STATE OF MINNESOTA ~<?ZZa 6avicf A. Anderson Profaaaional Lanc:t Surveyo,- Mlnn. License No. 13620 COUNTY OF OTTER TAIL i:b '--Fl The foregoing instrument was acknowtedged before me this~ day of i)et!etn ~..-, ~ by David A. Anderson. ~ ,.-., ... ,.,. c&,'111& ~ ~ NOTARY PUBLIC-MINNESOTA Public (>. MyComm-nEJ<j1<18S.IAN.al,.11)1l otlarTallCounty, Mln~L :J/ :;J,!)/} -------• My Commiaslon Expires il't/J • 1 This above Certiflcata of Conection to the plat of LUNDQUIST'S ADDITION TO CLITHERALL, OTTER TAIL CO. MINN. has been approved by Iha Board of ~illllionen, of Otl8r Tail County, Minnesota, at a regular meeting held on the ~.;z ...,d day of ~A , 2009. A~l{L7 C:?<1'2:'.'-o/ (<c-.A./4~ Chairman of the County Boan:I