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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
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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
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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.
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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
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Attachment
OF COMMISSIONERS
ortmann, Chairperson
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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
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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.
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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
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