HomeMy WebLinkAboutBoard of Commissioners - Minutes - 02/13/1996Call To Order
The Otter Tail County Board of Commissioners convened Tuesday, February 13, 1996, at 1:00 p.m. at the Otter Tail County
Courthouse with Commissioners Virginia Partmann, Chair; Andy Lindquist, Harley Windels, Malcolm Lee, and Bill Stone
present.
Approval of Agenda
Motion by Lee, seconded Windels and unanimously carried to approve the February 13, 1996, agenda as presented with the
following addition/change: Commissioners Lindquist and Lee will be excused at 2:35 p.m.
Approval of Minutes
Motion by Lindquist, seconded Lee and unanimously carried to approve the minutes of February 6, 1996, as submitted.
U.S. Fish & Wildlife Easements
Don Kleven, U.S. Fish & Wildlife, requested approval of waterfowl easements. Motion by Lindquist, seconded Stone and
unanimously carried to approve certification for acquisition of the following lands for waterfowl easements:
T. 131 N., R. 38 W,, 5th P.M.
Section 7, Lots 2, 3, and 4: SE 1/4 NW 1/4
T. 131 N., R. 39 W., 5th P.M.
Section 1, Lots 3, 4, S 1/2 NW 1/4 (also known as NW 1/4).
Section 2, Lots I, 2, SE 1/4 NE 1/4 except the following: Beginning at a point 146 Ft. E. from the NW corner of the
NE 1/4 NE 1/4, running th. S. 198 ft. E. 130 ft., th. N. 198 Ft. to town line, th. N. 239 ft. into Section Thirty-five
(35), Township One Hundred Thirty-two (132), Range Thirty-nine (39) th. W. 130 feet, th. S. 239 ft. to place of
beginning. Said piece ofland contains .58 acre of the NE 1/4 NE 1/4 in Section Two (2), Township One Hundred
Thirty-one (131 ), Range Thirty-nine (39).
Presentation of Appreciation Certificates
Linda Hanstad, Employee Safety Committee President, and Chair Partmann presented appreciation certificates to
employees who have served on the Safety Committee for the past two years.
Bid Openings -Yearly Material Purchases
Ot 1 :00 p.m., after previously advertising for bids, Highway Engineer Rick West opened the following bids:
(,.,,}easonal Supply of Bituminous Material:
Christianson Asphalt
Fargo, ND
Koch Materials
St. Paul, MN
Murphy Oil USA, Inc.
Superior, WI
Swanston Equipment Company
Fargo, ND
Seasonal Supply of Culverts:
Q
All-Steel Products
Chaska, MN
Contech Construction Products
Shakopee, MN
Fargo Culvert Company
Fargo, ND
H.V. Johnston Culvert Co.
St. Paul, MN
Seasonal SuJ!PlY o(Herbicides:
Ostlund Chemical Company
Fargo, ND
Androc Products, Inc. (TERA)
Faribault, MN
1996 Highway Signing Materials:
()
M-R Sign Company
Fergus Falls, MN
Newman Signs
Jamestown, ND
2 Otter Tail County Board of Commissioners
$.7711/gal.
.6624/gal.
.6470/gal.
.7000/gal.
$23,590.28
19,857.80
19,735.00
21,569.66
$19.70/gal.
18.64/gal.
$56,275.13
58,853.50
•
3 Otter Tail County Board of Commissioners
Seasonal Supply of Hot Mix Bituminous Material -East Otter Tail:
()
Wadena Asphalt, Inc.
Wadena, MN
$36,100 (2,000 tons)
Seasonal Suwlv of Hot Mix Bituminous Material -West Otter Tail:
Mark Sand & Gravel Co.
Fergus Falls, MN
Seasonal Supply of Hot Mix Bituminous Material -North Otter Tail:
Sherbrooke Asphalt, Inc.
Pelican Rapids, MN
$33,600
$36,940
The Highway Engineer will review the above bids and return to the board with a recommendation for award at the
next regular meeting.
Approval of Bid Opening Date -Roadside Mowing
,-,~~~ion by Lee, seconded Windels and unanimously carried to set the bid opening date for Roadside Mowing on
.._,,v=ch 25, 1996, at 1 :00 p.m.
OTTER TAIL COUNTY FLEXIBLE BENEFITS PLAN DOCUMENT
Otter Tail County Resolution No. 96-07
Upon a motion by Lee, seconded Lindquist and unanimously carried, the following resolution was adopted:
RESOLVED, that the Otter Tail County Flexible Benefits Plan, be and the same is adopted; and
BE IT FURTHER RESOLVED, that any proper members of County Commissioners are hereby authorized to make
such contributions from the funds of the County as are necessary to carry out the provisions of said plan at any time;
and
BE IT FURTHER RESOLVED, that in the event any conflict arises between the provisions of said Plan and the
Employee Retirement Income Security Act of 1974 (ERISA) or any other applicable law or regulation (as such law
or regulation may be interpreted or amended) the County shall resolve such conflict in a manner which complies with
ERISA or such law or regulation.
Adopted at Fergus Falls, Minnesota, this 13th day of February, 1996.
Dated:_:;6_,_.;-p""A-i,,.....,,,,,,._q,..~~dlu.P4-1_,__/9_,_2'.u'2~--
(J u
ortmann, Chair
4 Otte.-Tail County Board of Commissioners
~ ... ~~ Qarry Krohn, Clerk
1996 Otter Tail County Flexible Benefits Plan Document
Motion by Lee, seconded Windels and unanimously carried to authorize the Chair's signature on the Otter Tail
County Flexible Benefits Plan Document, amended and restated effective January 1, 1996.
Approval of Contract for Mechanical Improvements
Motion by Windels, seconded Lindquist and unanimously carried to authorize the Chair's signature to execute an
agreement between Otter Tail County and FM Plumbing & Heating, Inc. for Mechanical Improvements, Otter Tail
County Courthouse, Project #9538. The sum of the project constitutes the base bid and negotiated deductions
equaling $302,900.
Budget Requirement
Motion by Lee, seconded Stone and unanimously carried to require outside providers to submit a certified balance
sheet and income and expense report to the Otter Tail County Budget Committee. Otter Tail County will notify
outside providers to submit these accounting reports along with their budget proposals.
(.)Preliminary Plat:
Planning Commission Recommendations
Motion by Lee, seconded Lindquist and unanimously carried to approve the Preliminary Plat of "Evenson 's
Addition" (Jeanne Hovland et al, Lida Township, Lake Lida) subject to conditions as outlined in the February 7,
1996, Planning Commission minutes:
Conditional Use Awlication/Preliminary Plat:
Bill Kalar, Land & Resource Administrator, reported on the Doug Haugen Conditional Use Application/Preliminary
Plat. Kalar provided a map of the proposed subdivision. Chair Portmann opened the discussion to the public.
Attorney Jim Sinclair, representing Haugens, asked that the board not go with the Planning Connnission's
recommendations because!) land access outside of the subdivision is not a reason for denial and, 2) the county has
sufficient rules in-place to look at a project and determine erosion. MN Real Estate Lawyer Paul Hubbard,
representing Ervin Johnson, expressed concern that Mr. Johnson's property on the point would not have access ifa
permit was approved.
Motion by Lee, seconded Lindquist to approve the Conditional Use Permit/Preliminary Plat of "Blyberg 's Point First
Addition" (Doug Haugen, Dunn Township, Bass & Fish Lakes) subject to the condition that the road must meet all
county specifications.
1 tengthy discussion followed: Wally Senyk, County Attorney, reviewed the reasons/understanding of the Planning
~ommission which resulted in the Planning Commission's denial. Mr. Kalar reported a concern expressed by the
Dunn Township Board relative to the cul-de-sacs located too close together and a concern about structure setback
5 Otter Tail County Board of Commissioners
requirements. Mr. Sinclair again spoke to the board regarding the previous EA Wand the setback issue. Discussion
c~ontinued:
The motion carried with voting as follows: Aye; Lindquist/Lee/Windels Nay; Stone/Portmann.
Conditional Use A[!plication:
Motion by Lindquist, seconded Lee and unanimously carried to approve the Conditional Use Application of Ben
Stich/John Rose provided the condition listed by the Planning Commission regarding dust control by Mark Sand &
Gravel is removed and the operation of the gravel pit is reviewed every five years in order to correct problems that
may occur.
East & West Annual Weed Reports
Motion by Lindquist, seconded Lee and unanimously carried to authorize the Chair's signature to approve the 1995
East and West Otter Tail County Weed Reports.
Planning Commission Recommendation
Preliminary Plat:
Motion by Windels, seconded Lee and unanimously carried to approve the proposed revision of the Preliminary Plat
of "Rush Bay View".
1996 County Housing Application
Dennis Christenson, Fergus Falls HRA, requested approval of the second phase of the Small Cities Development
Program grant application.
1996 SMALL CITIES GRANT APPLICATION
Otter Tail County Resolution No. 96-08
Motion by Stone, seconded Lindquist and unanimously carried to authorize the Chair's signature on the second phase
of the Small Cities Development Program grant application and to adopt the following resolution:
BE IT RESOLVED that Otter Tail County act as legal sponsor for project(s) contained in the Business and
Community Development Application to be submitted by October I, 1996, and that the County Board Chair is hereby
authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of
Otter Tail County.
BE IT FURTHER RESOLVED that Otter Tail County has the legal authority to apply for financial assistance, and
the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and
replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that Otter Tail County has not violated any Federal, State or local laws pertaining to
()fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.
6 Otter Tail County Board of Commissioners
BE IT FURTHER RESOLVED that upon approval of its application by the state, Otter Tail County may enter into
an agreement with the State of Minnesota for the above-referenced project(s), and that Otter Tail County certifies
(:Jhat it will comply with all applicable laws and regulations as stated in all contract agreements and described on the
Compliances Section (FP-20) of the Business and Community Development Application.
NOW, THEREFORE, BE IT RESOLVED that the County Board Chair is hereby authorized to execute such
agreements as are necessary to implement the project(s) on behalf of the applicant.
Adopted at Fergus Falls, Minnesota, on the 13th day of February, 1996.
Dated: ta.h.u a ,:L.o: I 'l rr.o '"'0"'"A~?imv ~ OF COMMISSIONERS
Portrnann,Chair
Small Cities Development Grant Application Administrative Costs
Motion by Stone, seconded Windels and unanimously carried to approve the administrative cost of$25,000 for the
1996 Small Cities Development Program grant application process.
CMotion by Stone, seconded Windels and unanimously carried to approve an additional administrative cost of$2,150
for the 1996 Small Cities Developpient Program.
Afte
Lani
Lari tsoJancter l!I; :sons
St. Paul, MN
Kern & Tabery
Wadena, MN
J9 i4. ;;::.
1ing -NE Landfill Ash Cell
Waste Director Mike Hanan opened the following bids for the NE
$304,000.00
310,141.30
364,431.40
352,750.00
301,510.75
Dennis Drewes
Frazee,MN
7
MnDOTSigns
Otter Tai.I County Board of Commissioners
445,000.00
Motion by Windels, seconded Stone and unanimously carried to approve prepayment, in the amount of$364.50 and
$243, to MnDOT for replacement of three signs, two at the NE Landfill location and one at the Battle Lake Landfill.
Bid Opening Date Set
Motion by Lee, seconded Stone and unanimously carried to set the bid opening date for a forklift for the Recycling
Center on March 5, 1996.
Solid Waste Committee Appointments
Motion by Portmann, seconded Lee and unanimously carried to appoint Barb Fish to the Solid Waste Advisory Board
for a three-year term.
Motion by Lee, seconded Portmann and unanimously carried to appoint Bob Wasson to the Solid Waste Advisory
Board for a three-year term.
()Commissioners Lindquist and Lee absent at 3:00 p.m.
4-H Update
Educators, Steve Hilhdegaard and Donna Geiser, provided an experiential activity to discuss a variety of 4-H
opportunities for youth.
Process Parenting and Parent/Child Mediation Programs
Motion by Windels, seconded Stone and unanimously carried to approve Lutheran Social Service gran~ application
for the Process Parenting and Parent/Child Mediation Programs.
Fraud Prevention Specialist Position
Motion by Stone, seconded Windels and unanimously carried to approve the addition of the Fraud Prevention
Specialist job description to the Support Specialist Unit at a salary $50 per month above the Financial Worker
classification and to authorize the Chair's signature to execute the agreement.
Stipulation for Entry of Judgment
Motion by Windels, seconded Stone and unanimously carried to authorize the Chair's signature on a Stipulation for
Entry of Judgment, (File No. CO-95-549) in a tax appeal settlement between Stephen F. Rufer and Laurie J. Lucking uand State of Minnesota and County of Otter Tail.
. .
8 Otter Tail County Board of Commissioners
0 Proposed Legislation
Bob Moe, Assessor, presented proposed legislation which required an immediate response because of the possible
implications. The County Attorney will draft a resolution for the next regular board meeting.
Commissioners Lindquist and Lee present.
Weather Closing Policy
An Otter Tail County Weather Closing Policy was distributed. Motion by Stone, seconded Lee and unanimously
carried to adopt the Weather Closing Policy as submitted with language changes. The policy reads as follows which
includes the language changes:
The weather closing policy for Otter Tail County offices and departments is as follows:
I. The Chair of the County Board of Commissioners, or the chair's designee, may close the county offices for
business to the public. The local radio stations along with the dispatch center will be notified by the designated
individual, or chair, of the closing as conditions warrant.
2. County offices will remain open for employees to work and the day will be considered a normal work day.
3. Non-essential employees unable to report for work may:
A. Account for their normal working hours by utilizing a corresponding number of hours of accrued vacation
time, or,· Q B. Account for their normal working hours by utilizing a corresponding number of hours of accrued
compensatory ( accrued overtime) hours.
C. As on any other working day, sick leave may be used in accordance with personnel policy or applicable labor
agreement.
4. When the offices are closed the main switchboard will not be staffed.
5. Employees with questions regarding this policy should contact their immediate supervisor.
The County Attorney will draft a weather policy for distribution.
Correspondence Acknowledged
Chair Portmann acknowledged correspondence received regarding Boys & Girls County Day.
Appointment -Red River Valley Development Association
Motion by Lindquist, seconded Lee and carried, with Windels abstaining, to reappoint Commissioner Windels to the
Red River Valley Development Association.
Family and Medical Leave
Motion by Lee, seconded Lindquist and unanimously carried to reimburse $340 to an employee for the month of
UMarch, 1994, based on the current FMLA Policy.
9 Otter Tail County Board of Commissioners
Grievance Settlement
Motion by Windels, seconded Lee and carried, with Stone opposed, to approve payment of$1,000 in settlement ofa
Teamsters Professional Unit grievance.
Adjournment
At 4:08 p.m, Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners adjourned until
9:30 a.m Tuesday, February 20, 1996.
Larry Krohn, Clerk
CB/kd
OTI~OT)N~ARD OF COMMISSIONERS
By~~~ vV Portmann, Chair