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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/23/1996,J .( ·i " -it, ,t () 0 u Minutes of the OTTER TAIL COUNTY BOARD OF COMMISSIONERS Commissioners' Room, Floor 1-B Otter Tail County Courthouse Tuesday, April 23, 1996 9:30 a.m. Call To Order The Otter Tail County Human SeNices Board convened Tuesday, April 23, 1996, at 9:31 a,m, at the Otter Tail County Courthouse with Commissioners Andy Lindquist, Chair; Malcolm Lee, Vice-Chair; Harley Windels, Secretary; Bill Stone, and Virginia Portmann present Approval of Agenda Motion by Lee, seconded Portmann and unanimously carried to approve the agenda of April 23, 1996, as presented, Approval of Minutes Motion by Lee, seconded Portmann and unanimously carried to approve the minutes of April 9, 1996, as submitt&d, CTC Outreach Outcomes Diane Thorson, Public Health Director, reported the outcome statistics of Child and Teen Check-up screenings for Medical Assistance children, The Public Health Department CTC screenings were completed in approximately 42,8% of the total MA eligible children in 1995 and will continue to be monitored, Immunization Parental Barrier Survey Public Health Director Diane Thorson, informed the board that an Immunization Parental Barrier SuNey had been sent out to identify the problems parents have in assuring their children receive immunizations, Thorson requested approval to use the suNey data in completing a masters degree project through the University of Minnesota, Motion by Lee, seconded Portmann and unanimously carried to authorize Diane Thorson access to the Immunization Parental Barrier SuNey data for completion of requirements for a masters degree. Space Update The Public Health Director updated the board regarding progress with finding acceptable space. Ms. Thorson will report further at the next board meeting, Findings and Order -Dog Bite Hearing Motion by Portmann, seconded Windels and unanimously carried to authorize the Chair's signature on the Findings and Order (represented as Attachment A of these minutes) in the matter of the dog of Kenneth Jubert. Budget Request Chair Lindquist read a previous County Board motion of February 13, 1996, requiring income and balance statements from outside providers, The Chair requested the Public Health Director to provide income and relative disbursements for the Youth Health Day program. Juvenile Restitution Grant Court SeNices Director Chuck Kitzman, reported that the county proposal for a Juvenile Restitution Grant has been approved by the Minnesota DOC. Approval of Contract Otter Tail County Board of Commissioners April 23, 1996 Page 2 \ Motion by Partmann, seconded Lee and unanimously carried to authorize the Chair's signature to execute a Contract for Purchase of Services (secretarial support at the New York Mills location) with the Q State of Minnesota for fiscal year 1997, not to exceed the amount of $11,410,44, payable to Otter Tail County. Approval of Bills & Claims Motion by Windels, seconded Lee and unanimously carried to approve the bills and claims as submitted. Senior Nutrition Elaine White, Area Director for LSS Senior Programs, provided several handouts and a briefing of the current Nutrition Program, Ms. White discussed community based budgeting, the increase of "Meals on Wheels", and decrease of congregate meals, Discussion continued. Child Care/Foster Care Licensing Policy Chair Lindquist introduced the dual licensing issue, A Dual Licensing Policy recommendation had been previously submitted to the board. Commissioner Windels chaired a meeting regarding dual licensing on April 12, 1996, with county staff and providers present. Commissioner Windels provided minutes of the meeting and recommended that the county discontinue dual licensing because of increased liability. County Attorney Wally Senyk, explained the issue of whether or not the board feels there is increased danger to children in dual licensed homes and referred the board to the April 19 letter from Assistant Attorney Barb Hanson. Lengthy Discussion continued. Dual licensed providers, Pam Hanson and Colleen Hanson, referred to the April 12, 1996, minutes, They felt that the issue of increasing training to become licensed for foster care and/or day care, to make it more difficult to become licensed, was omitted from the minutes. On page 1, last paragraph, the providers indicated that they do not have a problem saying "no" to taking foster children that do not fit well with their situation. Liability and respite f\ care issues were further discussed. I.,,;,/ Because of concern regarding liability and safety of children, motion by Partmann, seconded Stone and unanimously carried to adopt recommendation No.1 of the proposed dual licensing policies which reads "The moratorium on dual licensing will be made permanent" and to advise the Social Services Director to work with appropriate people to address the issues raised by the providers. Personnel Committee Discussion took place regarding the Personnel Committee's response to an issue raised by Child Support Officers. General board consensus authorized an initial response by the Personnel Committee. At 11 :46 a.m., Chair Lindquist adjourned until 9:30 a.m. Tue Adjournment lared the meeting of the Otter Tail County Human Services Board , May 14, 1996 Thomas M. Fawce , rector Department of Social Services By J(o+J '5' ~ Dated _'7h.f..J!.J.S,"'4-#"-,...1..Lc,:;#:........Ll9L9ub:,__ ___ _ Kathy l!Jomholt, Recording Secretary O 0 0 0 0 Call to Order Otter Tail County Board of Commissioners April 23, 1996 Page 3 At 1 :00 p.m., Chair Portmann declared the Otter Tail County Board of Commissioners meeting convened with Commissioners Andy Lindquist, Malcolm Lee, Harley Windels, and Bill Stone present. Approval of Agenda Motion by Lindquist, seconded Lee and unanimously carried to approve the April 23, 1996, agenda as presented with the following changes: The 2:10 p.m. discussion was canceled and the Chair added "Other Correspondence" at that scheduled time. Approval of Minutes Motion by Stone, seconded Windels and unanimously carried to approve the minutes of April 16, 1996, with the following corrections: 1) To remove Otter Tail County Resolution No. 96-23 from the official minutes of April 16, 1996, and add the following motion: Motion by Windels, seconded Stone and unanimously carried to approve the CSAH No. 80 project (S.A.P. 56-680-02) and award the project to the low bidder, R. L. Larson Excavating Inc, St. Cloud, MN, in the amount of $2,006,662.14. Bid Opening -1996 Traffic Marking At 1:05 p.m., after previously advertising for bids, Highway Engineer Rick West, opened the following bids for 1996 Traffic Marking: A.A.A. Striping Rogers, MN Swanston Equipment Companies Fargo, ND Traffic Marking Buffalo, MN $152,801.06 163,159.30 148,036.23 The Highway Engineer will review the bids and report back with a recommendation for award at the next regular board meeting. Sale of Gravel Screen After previously advertising for bids, the Highway Engineer opened the following bids for the sale of one (1) used 1952 Pioneer 24" x 40' Conveyor (Gravel Screen): Willis Ryan Dalton, MN Gutzmer Construction Hankinson, ND Fargo Parts & Equipment Fargo, ND P & J Excavating Erhard, MN $150.00 3,605.00 376.00 1,000.00 Tom Henry Foley, MN Donald Stewart Clitherall, MN Neil Stei Trucking New London, MN Otter Tail County Board of Commissioners April 23, 1996 Page 4 3,308.00 300.00 826,00 Motion by Windels, seconded Lee and unanimously carried to approve the sale of one used 1952 Pioneer 24" x 40' Conveyor (Gravel Screen) to the highest bidder, Gutzmer Construction of Hankinson, ND, in the amount of $3,605. CSAH 35, Right-of-Way Acquisition The Highway Engineer reported that a viewing of property in the eminent domain acquisition procedures for the CSAH 35 project is required. The board set the time and date for viewing the property at 1 :30 p.m., May 21, 1996. Area I -Roadside Mowing Contract Motion by Lindquist, seconded Lee and unanimously carried to approve the Chair's signature to execute the 1996-97 Roadside Mowing Contract for Area I with Duane Larson in the amount of $13,739.70. Pedal De Ponds Bicycle Tour Motion by Stone, seconded Windels and unanimously carried to approve of the 4th Annual Pedal De Ponds Bicycle Tour contingent upon approval of the Sheriff's Department and that Otter Tail County is 0 not subject to liability relative to the Tour. The Highway Engineer will request verification of insurance Q. ·~· · from the tour sponsors. Upgrade of Traffic Signal -S.A.P. 56-601-35 Motion by Stone, seconded Windels and unanimously carried to approve payment to the City of Fergus Falls, in the amount of $16,625, for replacement of traffic control signals at the intersection of Cascade and Lincoln during a Downtown Redevelopment Project. The agreement was executed in May, 1991, and payment authorized per Purchase Order No. 56294. Sale of Snowplow Equipment Rick West, Highway Engineer, requested the sale of two (2) Viking Brand Snowplows, three (3) Viking Brand Snowplow wings, and one (1) mounting for the Viking plow and wing. Motion by Lindquist, seconded Stone and unanimously carried to approve the sale of the above snowplow equipment. Salary Policy -Temporary Positions Motion by Lindquist, seconded Lee and unanimously carried to set the starting rate of pay for temporary positions at the hourly entry level of the established position range. Home Operated Business Julie Wolhe appeared before the board regarding a home operated jewelry business she wishes to open on Memorial Day weekend. Commissioner Lee explained that Ms. Wolhe did not realize that she needed to apply for a Conditional Use Permit to meet the law to notify the neighbors in the area and asked about the possibility of issuing a temporary permit. The County Attorney was not aware of authority to issue a temporary permit. Q. 0 Otter Tail County Board of Commissioners April 23, 1996 Page 5 Motion by Windels, seconded Lee and carried, with Stone abstaining, to recognize that a good faith effort to comply with the ordinance requirement for a Conditional Use Permit has been made and, under the circumstances, because the application is in process, the board will advise administration not to take enforcement action but to respond to complaints appropriately. Bois de Sioux Watershed District John Roeschlein, Bois de Sioux Watershed Administrator, appeared to update the board regarding watershed activities. Mr. Roeschlein showed and presented a drainage video to the board. Authorization for Exemption from Lawful Gambling License No action was taken to prohibit an event scheduled for July 21, 1996, at the St. James Church in Maine. Bois de Sioux Watershed District Reappointment Motion by Lindquist, seconded Windels and carried, with Lee abstaining, to reappoint Warren Erickson to the Bois de Sioux Watershed District Board for an additional term effective May 15, 1996. Liquor License Applications Motion by Stone, seconded Windels and unanimously carried to approve the following applications: Allen Chase Chase's Ethel Beach Resort and Rest. Battle Lake, MN Wine License Wee Villa Resort and Campgrounds Marilyn Ann Heit On/Off Sale Non-Intoxicating Malt Liquor License Fargo, ND National Association of Counties Motion by Lindquist, seconded Lee and unanimously carried to establish that Otter Tail County will not join the National Association of Counties. Approval of Financial Advisor Motion by Windels, seconded Stone and unanimously carried to approve Springsted Public Financial Advisors to proceed with the issuance of the Veterans Home Bonds and to provide financial services relative to the Veterans Home for a fee of $7,500. Personnel Committee Issue Motion by Lindquist, seconded Lee and unanimously carried to follow the recommendation of the Personnel Committee regarding the Veterans Service Officer. Adjournment At 3:00 p.m., Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. Tuesday, May 7, 1996. Dated: _.M=a ... ~--1,'7,._. _/£...9w'iu.4>"'-----u I Attest: -+-J..-'l:~"""'r,t,"'(,,'+-t__,· ~'-4-""';f!_"'-· -=:...c...-=---- Lirry' Kro~n CB/kd Attachment OF COMMISSIONERS ortmann, Chairperson • Q In the matter of the dog of Kenneth Jubert Otter Tail County Board of Commissioners April 23; 1996 Page 1, Attachment A FINDINGS AND ORDER Pursuant to the otter Tail County Animal Health And Control Ordinance and following proper notice, an Animal Control Hearing was held on April 9, 1996, in the otter Tail County Courthouse before the Board of County commissioners. Present at the hearing were: Diane Thorson and Phyllis Knutson of the otter Tail County Department of Public Health, and Kenneth Jubert. addressed the Board. Each of the persons present The otter Tail County Board of commissioners, having heard the statements of those present at the hearing and having reviewed the reports submitted as part of the record, make the following Findings and order: FINDINGS I. Kenneth Jubert is the owner of a Samoyed dog, named_ Beau, which resides with its owner at 1365 Hamel Road in Hamel, Minnesota. II. On January 6, 1996, the dog, Beau~ bit five-year-old Blake Neuman, while the boy and his father were near their fishhouse which was located on Dead Lake in otter Tail County, Minnesota. Blake Neuman and his father, Bruce Neuman, were outside of the Neuman fish house while Kenneth Jubert was inside the Neuman fish house. III. The bite incident caused substantial bodily harm. The child was vuer I dll \..,UUIHY ClUil/U UI \,,,!Jrnrrn::;:,1u11i::1:;; April 23. 1996 Page 2, Attachment A bitten on the ear, in the neck area below his ear and in the front of his throat. A total of 14 stitches were required to close the wounds. 0 IV. The owner acknowl"edges that the dog, Beau, did bite Blake Neuman. V. Kenneth Jubert indicated the dog does not have monetary value, but states that he does have a significant attachment to the animal. The owner recommends and agrees to keep the dog, Beau, from running free at any time, by having the dog in its kennel, and if the dog is outside of its kennel, keeping the dog on a leash. The owner has also posted warning signs near the dog's kennel. Children visiting Kenneth Jubert's home are not allowed near the dog kennel. ORDER NOW, THEREFORE, THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS HEREBY ORDERS: 1. The Samoyed dog, Beau, owned by Kenneth Jubert, is a danger to the public safety because it has bitten a child and caused substantial bodily harm. 2. That the following precautions must be taken by the owner to insure the safety of the public: (a) The Samoyed dog, Beau, shall not be allowed in Otter Tail County. In locations other than otter Tail County, the dog shall be in a kennel or if outside a kennel, on a leash at all times. The owner shall post a warning sign near the dog's kennel. -2- 0 0 3 • Otter Tail County Board of Commissioners April 23; 1996 Page 3, Attachment A A copy of these Findings and Order shall be sent to the (); Medina Police Department, which is believed to be the local police agency with jurisdiction in the area of the residence of Kenneth Jubert. Date: _______ _ OTTER TAIL COUNTY HUMAN SERVICES BOARD By_~-----------------Chairman ATTEST: Clerk Q -3-