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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/13/1996i 0 0 0 Call to Order The Otter Tail County Human Services Board convened Tuesday, August 13, 1996 at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Malcolm Lee, Chair; Bill Stone, Harley Windels, Virginia Portmann, and Andy Lindquist present. Approval of Agenda Motion by Stone, seconded Lindquist, and unanimously carried to approve the agenda of August 13, J 996 as amended. 1 Approval of Minutes Motion by Portmann, seconded Lindquist, and unanimously carried to approve the Human Serv~s minutes of July 23, 1996 as submitted. ~ Court Services Caseload Court Services Director, Chuck Kitzman, provided monthly adult-juvenile caseload statistics for 1986 through July, 1996. West Central Regional Detention Center Agreement Chuck Kitzman, along with Clay County representatives, Vijay Sethi and Barry Steen, appeared to request approval of an agreement between Otter Tail County and Clay County for the Clay County Secure Juvenile Detention and Treatment Facility. Wally Senyk, County Attorney, reviewed the significant concerns in the proposed facility agreement. After a meeting of Clay and Otter Tail County representatives, the concerns were addressed and the new agreement contains appropriate revised language. Vijay Sethi, Clay County Coordinator, thanked the board for the opportunity to include details which make a better agreement. Sethi reported that the facility will be a 36-bed facility (24-bed secure detention and 12-bed shelter care facility). The bookkeeping will be kept separate for the detention area and shelter care areas of the facility. Motion by Portmann, seconded Lindquist, and unanimously carried to authorize the Chair's signature to execute the Cooperative Agreement for the Construction & Operation of the Clay County Secure Juvenile Detention and Treatment Facility Agreement subject to the receipt of a "letter of understanding", as an amendment to the agreement, to outline the separate bookkeeping procedures for the 12-bed stand alone shelter care area of the facility. Appointment -West Central Regional Juvenile Center Advisory Board Motion by Lindquist, seconded Portmann, and carried, with Windels abstaining, to nominate Commissioner Harley Windels to the West Central Regional Juvenile Center Advisory Board and Court Services Director, Chuck Kitzman as an alternate. Dog Bite Hearings Diane Thorson, Public Health Director, opened a hearing for an allegation of a violation of the Dog Bite Control Ordinance. The purpose of the hearing is for the county board to determine if action is necessary to protect the public from Ike, a dog owned by Hans Ronnevik. After being duly sworn in by the County Attorney, Public Health Nurse Phyllis Knutson, gave testimony of two dog bite incidents, one occurring on April 30, 1996, and the other on July 2, 1996. After being duly sworn in by the County Attorney, dog owner Hans Ronnevik, gave testimony of the situations regarding the dog bite incidents. The County Attorney stated that the county board must make written findings of whether or not this dog is a danger to the public or a potential danger to the public within 15 days of the hearing. Chair Lee requested Mr. Ronnevik to Otter Tail County Board of Commissioners August 13, 1996 Page 2 continue to tie the animal when expecting company and stated that the board will bring back written findings within two weeks, Public Health Nurse, Phyllis Knutson, gave testimony for a second Dog Bite Hearing under the controls Q ordinance. The testimony was relative to a dog bite on June 15, 1996 and another on June 27, 1996. Ms. Knutson reported that the medical reports and police reports were on file. After being duly sworn in, dog owner, Jesse Bergerud, gave testimony regarding the bite incidents. Discussion followed. The County Attorney cautioned the Bergerud's to proceed with plans for a kennel as soon as possible. The County Board will make a decision whether the dog is a danger or potential danger to the public and make written findings in two weeks. Update -The Village Family Services Chuck Kitzman, along with Nancy Bird, Director of the Village Center and staff appeared to provide an update of their center's Mental Health prevention program operated since October, 1994. Ms. Bird reported that their program is grant funded. Several staff members provided examples of positive growth experiences with children in their program. Commissioners viewed a video made by clients of the program. Community Services Specialist Position Motion by Partmann, seconded Lindquist, and unanimously carried to authorize the Court Services Director to proceed with hiring for the position of Community Services Specialist. Recess and Reconvene At 11:17 a.m, Chairman Lee declared the Otter Tail County Human Services Board recessed for a short break. The Chairman reconvened the meeting at 11 :23 a.m. PMAP Diane Thorson, Public Health Director, encouraged commissioners to submit the pros and cons sheets for PMAP. Discussion followed regarding provider access, Chairman Lee reported that a decision will be made regarding PMAP on August 27, 1996. Home Health Care Committee Report Diane Thorson, Public Health Director, reported on a recent meeting regarding the Home Health Care proposal(s). The committee directed Ms, Thorson to meet with Accountants Leon Anderson and Mitzi Pederson relative to financing issues. Citizen, Merv Freeman, spoke to the board and provided a handout with concerns of privatization of county home health care services, Handouts Tom Fawcett, Social Services Director, acknowledged the following correspondence: Summary of Otter Tail County Long Term Care Rates Federal Audit Letter Minnesota Care Conversion Bulletin Stride/FSET Letter from CEP Minnesota Supplemental Aid "Cry The Beleaguered County" AMC-Federal Welfare Reform August Minutes of Children's LAC 0 LSS Contract Amendment t\ Motion by Windels, seconded Lindquist, and unanimously carried to authorize the appropriate county '.._,J officials signatures to execute the Lutheran Social Services Contract Amendment for Home Based Mental Health Service to provide necessary mental health services for Medical Assistance eligible children. 0 0 . 0 Otter Tail County Board of Commissioners August 13, 1996 Page 3 Appointment -LAC Motion by Portmann, seconded Stone, and unanimously carried to appoint Val Nelson to the Adult LAC to replace the term of Eileen Eastman. Bills & Claims Motion by Lindquist, seconded Portmann, and unanimously carried to approve the bills and claims as submitted. Adjournment At 12:01 p.m., Chair Lee declared the meeting of the Otter TailCounty Human Services Board adjourned until 9: O . Tuesda~7, 1996. B~ lcolm Lee, hair Thomas M. Fawcett, Director Department of Social Services By }fa~ <D=AM Kathyomholt, Recording Secretary Dated ___..,A~O,tfl,t,<'l<aa:.t'6;i.._,;e~7,..., ....1.L~9w9~~L------ Call to Order At 1:17 p.m., the Otter Tail County Board of Commissioners meeting convened with Commissioners Virginia Portmann, Chair; Andy Lindquist, Malcolm Lee, Harley Windels, and Bill Stone present. Approval of Agenda Motion by Lee, seconded Stone, and unanimously carried to approve the August 13, 1996 agenda amended as follows: Cancel Addressing Coordinator Update Building Committee and Budget Process Report Closure of Roads for Events Correction to Plat and Repurchase Resolution Approval of Minutes Motion by Windels, seconded Lindquist, and unanimously carried to approve the August 6, 1996 minutes as submitted. Letter of Intent -Building Space Motion by Windels, seconded Stone, and unanimously carried to authorize the Building Committee to execute the "Letter of Intent" proposed by First Bank for the rental of office space. Budget Report Budget Committee members, Lindquist and Portmann, updated the board on the current budget process. New revenues and new financing requests were discussed. The Building Committee requested direction from the board regarding % of increase. Planning Commission Recommendations After review of Planning Commission minutes of August 7, 1996, Chair Portmann questioned the process for review the Planning Commission uses before approving a CUP similar to the one requested by Jay Harris & Mark Johnson. The Land & Resource Administrator stressed that stabilization, creating a funnel to the lake, etc should be considered more than what the property looks like. There are 13 items in the ordinance that the Planning Commission should consider before approving a CUP. Chair Portmann requested that the Planning Commission review situations similar to that of Jay Harris & Mark Johnson · before issuing a CUP. Otter Tail County Board of Commissioners August 13, 1996 Page 4 Motion by Lindquist, seconded Lee, and carried, with Partmann opposed, to approve the following Conditional Use Permits and Preliminary Plats with conditions as recommended by the Planning Commission: Conditional Use Permits: Candor Township c/o Henry Motzan/Richard Dielke, Leek Lake, (Sec. 16, Twp. 137, R. 41)Michael George Roers/Taylor's Investments, Otter Tail Lake, (Sec. 29, Twp. 134 N., R. 39W.) John Jensen/Kent Caulfield, Rose Lake, (Sec. 21, Twp. 137, R. 40) Jay Harris & Mark Johnson, Star Lake, (Sec. 9, Twp. 135, R. 41) Steve Paulson/Cory Heit, Wee Villa Resort, Long Lake, (Sec. 14, Twp. 134, R. 43) Jeffery N, Knutson, Stalker Lake, (Sec. 33, Twp. 132, R. 41) Delbert Boyle, Tamarac Lake, (Sec. 23, Twp. 137, R. 43) David R. Nicholls, Dead Lake, (Sec. 25, Twp. 135, R. 40) James P. Donahue, Pickerel Lake, (Sec. 11, Twp. 134, R. 41) Erwin Brutlag, Ten Mile Lake, (Sec. 32, Twp. 131, R. 42) Preliminary Plats: "South Shady Nook Beach Addition", Steven & Kim Milette, Pickerel Lake "Top of the Red", Mervin & Ervena Budke, Otter Tail River Motion by Windels, seconded Stone, and unanimously carried to deny the following Conditional Use Permit with conditions as recommended by the Planning Commission. Donald Boom, Eagle Lake The Land & Resource Administrator and commissioners discussed Conditional Use Permit #3821 granted in 1989 to Dale Anderson, Pickerel Lake (56-204) for a business referred to as "I Love My Waterbeds Company". Lengthy discussion revolved around whether or not Mr. Anderson should be required to apply for a new Conditional Use Permit to operate a gun business or does the 1989 retail sales CUP include the gun business. Motion by Stone to require Dale Anderson to apply for a CUP for his gun business. The motion failed for lack of a second. Motion by Lee, seconded Lindquist, and carried, with Partmann and Stone opposed, to amend the existing 1989 CUP of Dale Anderson, Pickerel Lake to include the gun business as part of a commercial, retail business with the condition that no guns be discharged on the property. Final Plats: Motion by Lee, seconded Lindquist, and unanimously carried to approve the final plat of "Silent Shores North", East Silent Lake, (Sec. 33, Twp. 136N, R. 41W). Motion by Lindquist, seconded Lee, and unanimously carried to approve the final plat of "East Indian Shores", Indian Lake, (Sec. 22, Twp. 132N, R. 42W). Motion by Lee, seconded Windels, and unanimously carried to approve the final plat of "Lizzie View Estates", Lake Lizzie, (Sec. 28 & 29, Twp. 137, R. 42). 1997 Assessment Contract Motion by Lee, seconded Lindquist, and unanimously carried to authorize the Chair's signature to execute the Joint Assessment Agreement between Otter Tail County and Friberg Township in the amount of $3,242.25 for assessment services to the township. 0 0 Q 0 0 Q Otter Tail County Board of Commissioners August 13, 1996 Page 5 Bid Award -Township Surfacing Project, C.P. 96:1288 & Etc. Motion by Stone, seconded Windels, and unanimously carried to award the Girard Township Surfacing Project, C.P. 96:1288 & Etc. to Central Specialties, Inc. of Alexandria, MN in the amount of $247,596.60. Approval to Close County 50 & CSAH No. 5 Motion by Stone, seconded Windels, and carried, with Lindquist opposed, to approve the closure of one block of main street in Deer Creek (County 50) for an event scheduled for August 17, 1996 subject to approval of the Sheriff's Department and submission of proof of liability insurance. Motion by Stone, seconded Windels, and unanimously carried to approve the closure of a portion of CSAH No. 5 for an event scheduled for August 24, 1996 subject to the approval of the Sheriff's Department and submission of proof of liability insurance. Land Surveyors Certificate of Correction to Plat Motion by Lindquist, seconded by Lee, and unanimously carried to accept the following Certificate of Correction to plat as prepared by Terry Lee Anderson, Registered Land Surveyor under the laws of the State of Minnesota, Registration No. 14676: Name of Plat: Eureka Beach Pursuant to Chapter 472, Laws of Minnesota, 1955, and Chapter 505.173 through 505.177, Laws of Minnesota, Terry Lee Anderson, the undersigned, a Registered Land Surveyor in the State of Minnesota declares as follows: (1) The subdivision plat of EUREKA BEACH was prepared by Paul C. Phillips a Registered Land Surveyor of whom is retired from surveying practice. His whereabouts is unknown and he may be deceased. (2) The subdivision plat of EUREKA BEACH was filed for record in the office of the County Recorder in and for Otter Tail County, Minnesota on June 14, 1956 and was recorded in Book N of Plats on page 94. (3) That the subdivision plat of EUREKA BEACH contains errors, omissions or defects in the following . particulars to wit: The legal description for the outside boundary lines of the plat call out the shoreline of Jewett Lake as the southwesterly line of the plat, however when describing its location it is obvious from the picture portion of the plat that a line slightly northeasterly of the shoreline was defined as the boundary of the plat. This error inadvertently eliminates a small sliver of land between the surveyors survey line and the actual shoreline. (4) The following legal description is to be permanently attached to the plat of EUREKA BEACH describing the aforementioned mentioned sliver of land. That part of Government Lot 5 of Section 13, Township 134 North, Range 43 West, Otter Tail County, Minnesota described as follows: Beginning at the most southwest corner of EUREKA BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence southwesterly along the southwesterly extension of the westerly Line of said EUREKA BEACH to the shoreline of Jewett Lake; thence southeasterly along said shoreline to its intersection with the southwesterly extension of the Southeasterly Line of said EUREKA BEACH: thence northeasterly along said southwesterly extension to the most southerly corner of said EUREKA BEACH; thence northwesterly along the southwesterly line of said EUREKA BEACH as platted to the point of beginning. (5) That the sidelines of Lots 1 through 12 are to be extended to intersect the shoreline of Jewett Lake, Otter Tail County Board of Commissioners August 13, 1996 Page6 ertificate of Correction to the plat of EUREKA BEACH has been approved by the Board of ommissioners of r Tail County, Minnesota this 13 day of August 1996. Chairpe, n of the Board of Commissioners, Otter Tail County (J, )~,,_,+" ~ Attest:Co ty Audffor Request to Repurchase Tax Forfeited Property Otter Tail County Resolution No. 96-36 Upon motion made by Stone, seconded by Lindquist, and unanimously carried, the following resolution was adopted: Resolved by the Otter Tail Board of County Commissioners of Otter Tail County, Minnesota, that Whereas, Richard L Hendershot, former fee owner of record, has made application to repurchase the following legally described parcel: 67-000-99-0141-000 Deer Creek Soule's Addn. Lot 13, Block 1 Said property having forfeited to the state of Minnesota on the 16 day of August, 1995, for nonpayment of the 1986, 1987 and 1988 property tax, and Whereas, an application to repurchase was timely submitted on August 12, 1996, and Whereas, the sum of $1,751.22 has been submitted, representing the aggregate of all delinquent taxes, penalties, cost, assessments and fees accrued through August 31, 1996, and Whereas, the applicant request that the Otter Tail County Board of Commissioners consider the application to repurchase the above described parcel and request that the Otter Tail County Board of Commissioners approve the applicant's request to repurchase. Now Therefore Be It Resolved, that the Otter Tail County Board of Commissioners hereby approves the repurchase of the above described tax forfeited properties, and finds that the repurchase will be in the best public interest and will relieve undue hardship resulting from the forfeiture. Adopted this 13th day of August, 1996. Dated: 14 ''a., rl5 t.3 l'f'l(p COMMISSIONERS Attest /4,~ # Larry Krn, Crk ortmann, Chairperson 0 0 Appointment of Election Judges O Motion by Windels, seconded Lindquist, and unanimously carried, to approve the appointment of the -· · following individuals as election judges for the September 10, 1996, State Primary Election, and for the November 5, 1996, State General Election: • Q 0 Anne Hanley Barbara Molter Arleen Nycklemoe Marcella Stone Otter Tail County Board of Commissioners August 13, 1996 Gary Lee Carlton Mortensen Mary Trana Page 7 , Screener-Collector Position Motion by Lee, seconded Stone, and unanimously carried to approve a salary range of $1, 131-$1,616 per month for the Screener-Collector position, Court Administrator's office. Ten Hour Shift for Patrol Deputies Agreement Motion by Lee, seconded Windels, and unanimously carried to authorize the Chair's signature on the "Letter of Understanding" for the ten hour shift for patrol deputies. Meeting Report Commissioner Lee reported on a recent water planning meeting held in Ada, MN. Mr. Lee reported on pros and cons of water control structures. Closed to the Public Adjournment At 3:10 p.m., with all Commissioners present, Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners closed to the public for the purpose of discussing pending litigation to recover $5,100 plus interest expended in response to a petition for repair of Ditch No. 23 as authorized by attorney-client privilege, M.S. 471.705 Subd 1d. The closed session concluded at 3:28 p.m. At the conclusion of the closed meeting, the Chair declared the Otter Tail County Board of Commissioners' meeting adjourned until 9:30 a.m. Tuesday, August 20, 199 ·-. Dated: , a,~,. ,t; /3 199?, ' Atta& ~ d Larry Krohn RD OF COMMISSIONERS CB/kd