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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 06/25/1996' . ;, . . . ,' ·-1 r. ~:·~ Q Minutes of the OTTER TAIL COUNTY BOARD OF COMMISSIONERS Commissioners' Room, Floor 1-B Otter Tail County Courthouse Tuesday,June25, 1996 9:30 a.m. Call To Order The Otter Tail County Human Services Board convened Tuesday, June 25, 1996, at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Andy Lindquist, Chair; Malcolm Lee, Harley Windels, Virginia Partmann and Bill Stone present. Agenda Preparation Schedule Motion by Lee, seconded Partmann and unanimously carried to approve a policy for the addition of agenda items. Said motion indicated that topics for the agenda could not be added after the agenda had been mailed to Board members unless matter was cited as an emergency. Normally, this cutoff would be Friday morning of the week prior to the meeting. Approval of Agenda Motion by Lee, seconded Windels and unanimously carried to approve the Human Services agenda of June 25, 1996, with the following changes in presentation scheduling: Court Services Health Services: PMAP; Collaborative Discussion Social Services Approval of Minutes Motion by Partmann, seconded Lee and unanimously carried to approve the Human Services minutes of June 11, 1996, as .submitted. Reimbursement for County Probation Services Court Services Director, Chuck Kitzman, reported the reimbursement for calendar year 1995 to counties for probation services was 50% as allowed under Minnesota Statute. He indicated payment in the amount of V $98,931.50 was sent from the State of Minnesota to Otter Tail County as reimbursement. Clay County Juvenile Detention Facility The Court Services Director led in a discussion relative to the Clay County Juvenile Detention Facility. Kitzman reported, and the Board concurred, a concern for use requirements of the facility citing that it was at the discretion of the judges where individuals would be sent. The County Attorney expressed concern regarding the $5 per diem issue indicating that the proposal was not clear in that area as well as a. number of other areas. A report will be made at the next Human Services Board meeting scheduled for July 9. Association of Minnesota Counties Committee Appointment Motion by Lee, seconded Portmann and carried, with Windels abstaining, to appoint Commissioner Windels to the Association of Minnesota Counties Corrections sub-committee effective immediately. Approval to Pay Bills . Motion by Lee, seconded Windels and unanimously carried to approve payment of the bills and claims as presented. ✓ PMAP Otter Tail County Board of Commissior>llrs June 25, 1996 Page 2 Prepaid Medical Assistance Program was briefly discussed with the Diane Thorson, Public Health Director. Meeting with health care providers and DHS is scheduled for the July 9, 1996, board meeting from 10- 12:00 p.m. Breast & Cervical Cancer Grant An additional $2,000 has been received for this grant which requires amendment to the contract to reflect J the additional amount. Motion by Lee, seconded Partmann and unanimously carried to authorize the director to sign the contract amendment. Technology Grant The Public Health Director reported information has been received about funding available through U.S. West for telecommunications projects. The Board indicated that a grant request should be submitted. Clinic RFP The County Attorney and Public Health Director will discuss the RFP for Clinical Services at an upcoming meeting. Home Health RFP 0 Board members received correspondence from Piper Health Care, Inc. regarding their desire to be included in the RFP for Home Health Services. The RFP requires responding agencies to be Medicare certified, however, this agency is on the waiting list for the State to survey them for them to become Medicare certified. The Director indicated the reasons for the Medicare certification requirements included the standards and potential for Medicare maximization rather than local tax dollars. After discussion, the Board directed the Public Health Director and County Attorney to send a letter to Piper Health Care relating the need for certification. Q Piper correspondence also questioned the process used for the bidding for Assisted Living Services at Riverview Heights. The Public Health Director responded that the bidding process was governed by the Fergus Falls HRA and the Public Health Department merely responded to the RFP. Family Services Collaborative The Board of Commissioners invited two school superintendents and the collaborative staff to discuss the Family Services Collaborative Grant. Phil Smith (Parkers Prairie) and Keith Klien (Pelican Rapids) shared their support for the project and recognized that this will be a slow process. Frances Eggen, County Co- Collaborative Coordinator, responded to a number of questions addressed by Commissioner Windels. During this phase of the project existing service patterns and barriers ara being discussed and trust between the partners is being developed. There is ongoing evaluation of the project objectives. It was recognized that in the future difficult decisions will need to be made about the delivery service system for families and children. Fathering Program Val Howard, LCCR representative: discussed and provided an update to Board members on the Fathering Program. Reports & Handouts Tom Fawcett, Social Services Director, acknowledged that the May financial report for the agency had been sent individually to Board members. · The Social Services County matter. I Menze v Otter Tail County o-I Director reported on correspondence received relative to the Menze v Otter Tail ·• 0 0 0 Adjournment Otter Tail County Board of Commissioners June 25, 1996 Page 3 At 11 :50 a.m., Chair Lindquist declared the meeting of the Otter Tail County Human Services Board adjourned until 9:30 a.m., Tuesday, July 9, 1996. By By <-:~,c_..,,~, ~ , Director cial Services Dated _ ___.7_-_.7'--,:....,.u,"----------- Kath omholt, Recording Secretary Call to Order At 1 :00 p.m., Chair Partmann 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 Stone, seconded Windels and unanimously carried to approve the agenda of June 25, 1996, as presented. Approval of Minutes Motion by Lindquist, seconded Lee and unanimously carried to approve the minutes of June 18, 1996, as amended. National Weather Radio Emergency Services Director, Tim Hunt, explained the requirement for a National Weather Radio System in this area. Public utilities are willing to purchase it for the National Weather Service as a public service to their customers, however, they need a fiscal agent to collect their monies and hav_e asked Otter Tail County to act in this capacity. This program proposes to install 1 kW transmitter/antenna system at locally provided facility/tower to cover parts of Otter Tail County and parts of other counties in the area not presently served. Hunt pointed out that the current system of relaying information can delay life-threatening and time sensitive information about tornadoes and severe weather for up to ten minutes which can be critical. This program will warn instantly those individuals located in the specific path of danger. Motion by Windels, seconded Lee and unanimously carried to authorize Otter Tail County to act as fiscal agent for the monies collected from the utility companies for this project. Bid Opening Date Motion by Stone, seconded Windels and unanimously carried to set the bid opening for Township Paving Projects for 1 :00 p.m. on July 23, 1996. Bid Award Motion by Lindquist, seconded Lee and unanimously carried to approve an additional $26,000 for County ✓- Hwy. No. 111 and County Hwy. No. 116 overlay projects and to award project SAP 56-635-21 & Etc. to the lowest bidder, Mark Sand & Gravel, Fergus Falls, MN, in the amount of $1,051.720.17. Approval of Agreement Motion by Lindquist, seconded Lee and unanimously. carried to authorize approval of the Agreement for Reconstruction of CSAH No. 88 with the City of Fergus Falls as requested by the Highway Engineer and approved by the County Attorney. Final Payments Approved Otter Tail County Board of Commissiomrs June 25, 1996 Page4 Motion by Lee, seconded Lindquist and unanimously carried to authorize final payment in the amount of "i $18,453.60 to Terra International, Inc. for Seasonal Supply of Herbicides as previously awarded on February 13, 1996. c Motion by Lindquist, seconded Lee and unanimously carried to authorize final payment in the amount of $6,979.11 payable to· Gulbranson Equipment as previously awarded on March 19, 1996. Roadside Mowing Contract Motion by Stone, seconded Lindquist and unanimously carried to approve the roadside mowing contract with Nick Rohr for mowing in areas "B", "C" and "G" since he has met the bond requirements. Highway 35 Right-of-Way Acquisition Rick West, Highway Engineer, reported that on June 18, 1996, a quorum of the Otter Tail County Board of Commissioners viewed a tract of land owned by Harold R. and Dorothy K. Diamond for the purpose of determining damages as a result of the proposed reconstruction of Highway 35/CSAH 44. At the meeting of June 18, 1996, the Diamonds were not present nor was anyone representing the interest of the Diamonds. Following the viewing of the property, the Otter Tail County Board determined the award of damages matching Milt Paulson's (appraiser) appraisal of $210.54. Motion by Lee, seconded Lindquist and unanimously carried to authorize that the award of damages in the amount of $210.54, be filed with the County Auditor. Planning Commission Recommendations 0 Upon a motion by Lindquist, seconded Stone and unanimously carried the following were approved with conditions as determined by the Planning Commission: Q Conditional Use Applications: Don & Doris Lemke, Marion Lake Van Lee Kalinoski, McDonald/Berger Lakes Michael & Cheryl Harris/Northern Lights Resort, Dead Lake Neil Lindgren, Wall Lake DeAnn & Daniel Vukelich/Rose Shores Campground, Rose Lake Thomas & Joanne Stich/Corner Store, Otter Tail Lake The Board of Commissioners tabled decision on the Conditional Use Application of Ervin Wegscheid pending review by area hydrologist. No formal action taken. The Conditional Use/Preliminary Plat of "East Indian Shores"/Taylor Investments, Indian Lake, was discussed with no action taken. License Applications Motion by Windels, seconded Lee and unanimously carried to approve the following applications for license: Conoco Quik-Stop Bruce D. Huseth Underwood, MN Off Sale Non-Intoxicating Malt Liquor License Subject to the approval of the County Attorney's office. Cozy Cove Resort On/Off Sale Non-Intoxicating Malt Liquor License 0 Otter Tail County Board of Commissioners June 25, 1996 Page 5 Subject to the approval of the County Attorney's office and the approval of the County Sheriffs Department. CJ Dunvilla In The Country Curtis 0. Maas Seasonal On Sale Liquor License & Sunday Liquor License 0 Pelican Rapids, MN Subject to the approval of the County Attorney's office. Hi-Way Park Ballroom Thomas W. Volberding Henning, MN Consumption & Display Permit & On/Off Sale Non-Intoxicating Malt Liquor License Subject to the approval of the County Attorney's office. Pelican Supper Club. Donald H. Johnson Pelican Rapids, MN On Sale Liquor License, Sunday Liquor License & Off Sale Non-Intoxicating Malt Liquor License Subject to the approval of the County Attorney's office. Rocky's Resort Stephen G. Knuz Dent, MN On/Off Sale Non-Intoxicating Malt Liquor License Subject to the approval of the County Attorney's office. Rolling Hills Golf Course Cyril A. Flem Pelican Rapids, MN On/Off Sale Non-Intoxicating Malt Liquor License Subject to the approval of the County Attorney's office and the approval of the County Sheriffs department. Spanky's In The Pink, Inc. Spanky's Stone Hearth Brenda Minge Frazee, MN On Sale Non-Intoxicating Malt Liquor License & On Sale Wine License Subject to the approval of the County Attorney's office, the County Sheriff's department and to the submission of the required insurance certificate. Strom's Steak House Cheryl Lynn Strom Perham, MN On Sale Liquor & Sunday Liquor License Subject to the approval of the County Attorney's office. Sunset Beach Resort Scott E. Olson Battle Lake, MN On/Off Sale Non-Intoxicating Malt Liquor License Subject to the approval of the County Attorney's office. Wioodland Park Resort On/Off Sale Non-Intoxicating Malt Liquor License Otter Tail County Board of Commissiorers ., Donald A. Bistodeau Henning, MN Subject to the approval of the County Attorney's office .. Sale of Property June 25, 1996 Page 6 After having previously advertised for bids for the sale of the property described below, Wayne Stein, County Auditor, opened a bid from Frank and Sharon Casey in the amount of $257. Motion by Windels, seconded Lee, and unanimously carried to accept the bid of Frank and Sharon Casey, Perham, MN, in the amount of $257 for the purchase of the following described parcel. Commencing at the West quarter corner of Section Twenty-six (26), Township One Hundred Thirty-seven (137) North, Range Thirty-nine (39) West, thence South along section line for a distance of 1,176.00 feet to point of beginning, thence continue South along said section line for a distance of 434.00 feet, thence South 53 degrees 38 minutes 00 seconds East for a distance of 482.40 feet, thence North 28 degrees 20 minutes 00 seconds West for a distance of 818.00 feet to point of beginning. Said Tract containing 2.0 acres, more or less except Otter Tail County retains a Highway Easement on the above described tract which is described as follows: Said Easement being a strip of land 50.00 feet on the Sothwesterly side of the following described centerline: 0 Commencing at the West quarter corner, Section Twenty-six (26), Township One Hundred Thirty-seven (137) North, Range Thirty-nine (39) West, thence South along section line for a distance of 1,018.5 feet, · thence deflect to the left on a 07 degrees 59 minutes 43 second curve (Delta Angle 28 degrees 30 minutes 00 seconds) for a distance of 155.04 feet to point of beginning, thence continue on said 07 degrees 59 Q minutes 43 seconds curve for a distance of 201.42 feet, thence South 28 degrees 30 minutes 00 seconds East for a distance of 614.24 feet and there terminating. Also all that part of the above tract which lies on the Southeasterly side of the above described centerline. Adjourn for Board of Equalization At 2:00 p.m., Chair Portmann adjourned the regular Otter Tail County Board of Commissioners meeting for the purpose of concluding Otter Tail County Board of Equalization business. Public Hearing -County Drainage System No. 23 The Otter Tail County Board of Commissioners reconvened at 2:30 p.m. for the purpose of receiving additional testimony regarding the need for the repair of Otter Tail County Drainage System No. 23. The following county personnel were in attendance: Commissioners: Virginia Partmann, Chair; Malcolm Lee, Andy Lindquist, Bill Stone and Harley Windels. Land and Resource Director: Bill Kalar Ditch Inspector: Tiny Holm Wally Senyk, County Attorney County Auditor: Wayne Stein Q . • () Otter Tail County Board of Commissioners June 25, 1996 Page 7 Chair Partmann called upon Wally Senyk, County Attorney, for opening remarks concerning the petition for repair, which had been filed on August 17th, 1993, and for comments regarding the purpose of today's public hearing. Wally Senyk, County Attorney, stated that a public hearing had been held on September 21st, 1993, to consider the petition for the repair of County Drainage System No. 23. After considering the information presented at the public hearing, the County Board of Commissioners, as per the request of the petition, ordered an engineering report. An engineers report was prepared by Interstate Engineering and presented at a public hearing held on July 5th, 1994. After additional discussions it was decided to table action on the petition while the Lake Associations and other interested individuals discussed a possible alternative with the Department of Natural Resources. The alternative that was being discussed was to open a natural drainage system between Star · Lake and Dead Lake. The Department of Natural Resources authorized the use of the "cookie cutter" approach to remove a floating bog from this natural waterway. It was subsequently decided that no further action concerning the petition to repair the County Drainage System would be taken until such time t~at a determination could be made as to effectiveness of the natural drainage system. Wally Senyk, County Attorney, stated that he had been recently contacted, by a representative of the Star Lake Property Owners Association, with information indicating that the "cookie cutter" approach had been successful, that the natural drainage system was functioning and requesting that the petition for repair be rescinded. Wally Senyk, County Attorney, stated that beforeJhe County Board of Commissioners would order the repair of County Drainage System No. 23 it would have to be determined that the repair of County Drainage System No 23 is in the best interest of the ~ffected property owners. It was noted that $5,100 was spent for the engineer's report. Wally Senyk, County Attorney, indicated that the costs of repairing a County Drainage System is paid for by the property owners benefiting from the drainage system. It was the opinion of Wally Senyk, County Attorney, that unless County Drainage System No. 23 is repaired the costs incurred to date would be the responsibility of the petitioners. This opinion was reached based on the fact that there are currently no properties benefiting from County Drainage System No. 23 which could be assessed for these costs. It was noted that County Drainage System No. 23 is a non-functioning system. Based upon this· information the Otter Tail County Board of Commissioners scheduled today's public hearing for the following two purposes: 1. To receive additional information concerning the need to repair County Drainage System No. 23 as requested in the petition filed on August 17th, 1993, and 2. To discuss responsibility for the payment of the costs incurred to date. Chair Partmann stated that the County Board of Commissioners would first receive comments concerning whether it is necessary to repair the drainage system. After all interested individuals have had an opportunity to address this issue then the discussion will be opened for comments regarding the responsibility for the payment of the costs that have been incurred to date. Chair Partmann then opened the meeting for public comment. The following individuals spoke to the issues previously identified: Thomas Donoho Pierre Ducharme W.R. McGrew George Gouette Richard Guyer Otter Tail County Board of Commissionar~ June 25, 1996 Page 8 John Kratzeke Peggy Maasjo Edwin Scott Victor Sonnenberg Harold Trende The comments shared by those speaking are briefly summarized below: 1. It is not necessary to repair County Drainage System No. 23 as the "cookie cutter" approach used in the natural drainage system has been successful. 2. A concern was expressed regarding the township road work that would be necessary if the drainage system is repaired. 3. A concern was expressed that the County Drainage System may need to be repaired if the Department of Natural Resources does not permit additional maintenance work in the natural drainage system. 4. It is not necessary to repair County Drainage System No. 23 as the lake levels are back to normal. 5. Can consideration be given to the abandonment of the drainage system. 6. Concern was expressed regarding the lack of a bond to cover the costs. 7. Questions were raised concerning the process used to contract for the engineering services. 8. It was suggested that the costs be shared between the petitioner and the owners of the original benefited property. 9. Will the engineer's report have any significance should the drainage system need to be repaired in the future or will these dollars need to be expended again. 10. A request was made for the original petition to be read for information purposes. Q Tne following comments were shared in response to the public comments: It was noted that it was not the intent of the County Board of Commissioners to proceed with the repair of County Drainage System No. 23 if the affected individuals were satisfied with the results obtained from the use of the "cookie cutter" approach. Concerning a petition for abandonment it was noted that should the County Board of Commissioners receive such a petition a public hearing would be scheduled to consider the abandonment of County Drainage System No. 23. It was suggested that before any interested individual proceed with a petition to abandon the drainage system they should contact the Department of Natural Resources to determine what their position would be regarding the abandonment of the drainage system. It was noted that a bond for the repair of the drainage system was not required, but considering the current situation in future proceedings a bond will be required. It was noted that the absence of a bond may make collection of the outstanding amount more difficult. The current engineer's report will be of value should another petition to repair County Drainage System No. 23 be submitted for consideration by the County Board of Commissioners. At the very least it will establish a starting point for reviewing the drainage system. Q Letters from the following individuals concerning County Drainage System No. 23 were noted for the records: .. 0 Otter Tail County Board of Commissioners June 25, 1996 Page 9 Tom and Julie Koski, Glen Shaw, Harlan H. Montgomery, Ralph H. Tully on behalf of Dennis D. Gonyea, Robert and Marion Oslund, Clair Carlblom and Carole C. Beni. The general comments contained within these letters indicate that repair of the drainage system is not necessary. With no additional comments or concerns being expressed, Chair Partmann closed the public hearing at 3:47 p.m. After consideration and discussion, motion was made by Commissioner Windels, seconded by Commissioner Lee and unanimously carried, to deny the petition for the repair of County Drainage System No. 23. Other Business Stipulation for Entry of Judgment Wally Senyk, County Attorney, reviewed a tax appeal matter relative to property owned by Demetre Nicoloff in the City of Fergus Falls. It was noted that the Stipulation for Entry of Judgment will reduce the assessed 1995 payable 1996 valuation from $301,900 to $250,000. After discussion, motion was made by Andy Lindquist, seconded by Malcolm Lee and unanimously carried, to approve the Stipulation for Entry of Judgment and to authorize the Chair to sign the agreement. 0 Adjournment At 3:55 p.m., Chair Portmann, declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, July 2nd, 1996. Dated: ---,e....,Z/2,:..,c;~"'f---'-~*~---OTTER TAl,,,.,uc,NTY BOARD OF COMMISSIONERS Attest: _ _,_/=A=,,:;<--·....:./L-to<"-"'-//""/"'")-- Lar~ ~ ortmann, Chairperson CB:kal