HomeMy WebLinkAboutBoard of Commissioners - Minutes - 09/23/1997,_:~
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Call to Order
The Otter Tail County Human Services Board convened Tuesday, September 23, 1997 at 9:31 a.m. at the
Otter Tail County Courthouse with Commissioners Bill Stone, Chair; Syd Nelson, Vice-Chair;
Andy Lindquist, Secretary; Malcolm Lee, and Virginia Portmann present.
Approval of Agenda
Motion by Lee, second by Portmann, and unanimously carried to approve the Human Services agenda of
September 23, 1997 as submitted.
Approval of Minutes
Motion by Nelson, second by Lindquist, and unanimously carried to approve the Human Services minutes of
September 9, I 997 as presented.
Court Services
Chuck Kitzman, Court Services Director, provided adult-juvenile monthly caseload statistics for the years of
1985 -1997. Discussion followed.
Tobacco Licensing and Regulation
Diane Thorson, Public Health Director, provided a handout regarding Tobacco Licensing and Regulation.
Discussion followed regarding the responsibility of the county to enact a tobacco ordinance. Commissioner
Lindquist suggested that the county obtain samples of Tobacco Ordinances that have been enacted by other
entities such as the City of Fergus Falls.
County-Based Purchasing
. Diane Thorson updated board members regarding county-based purchasing, Ms. Thorson reported that she
did not receive.any responses to the recent Request for Proposal sent to several potential vendors. She noted
several· important deadline dates relative to completion of the final plan. Commissioner Nelson reported that
six counties to the south of Otter Tail County are creating a Joint Powers to accomplish county-based
purchasing. Mr. Nelson noted that the six counties have expressed an interest in having Otter Tail County
join with them. He spoke in favor of joining rather than proceeding with the final plan because of cost.
· Lengthy discussion followed. Ms. Thorson provided a Rural Managed Care handout from the Office of
Rural Health and Primary Care. Commissioners' Portmann and Lindquist spoke against a Joint Powers
arrangement.
Motion by Portmann, second by Lindquist, with Nelson opposed, to not join with other counties in a Joint
· Powers agreement for administering county-based purchasing.
Bills & Claims
Motion by Lindquist, second by Nelson, and unanimously carried to approve the Human Services bills and
claims as presented.
Otter Tail County Board of Commissioners
September 23, 1997
Page2
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Correspondence Acknowledged
The Human Services Director acknowledged the following correspondence:
August Financial Report
Minnesota Welfare Reform Update
Children's LAC Meeting Minutes
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Welfare to Work Meetings
Diane Thorson briefed the board regarding "Welfare to Work" community meetings facilitated by the Family
Services Coordinator, Frances Eggen. Discussion followed.
Crisis Respite Addendum
Motion by Lee, second by Nelson, and unanimously carried to authorize the appropriate county officials'
signatures to execute an addendum to a contract between the County of Otter Tail and the Regional
Treatment Center for Crisis Respite Care.
Waivered Services Contract
Motion by Nelson, second by Lee, and unanimously carried to authorize the appropriate county officials'
signatures to execute a contract between the .County of Otter Tail and Prairie Community Services for
Waivered Services for persons with Mental Retardation.
Dated. _ _,,,./()'""r;:-M_,_,..._,.,,,-'-'1>--'2-'/--''%'c.,-,...(_,_9_,_9_,_7 ____ _
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, September 23, 1997, at 1:00 p.m. at the
Otter Tail County Courthouse with Commissioners Andy Lindquist, Chair; Syd Nelson, Malcolm Lee,
Bill Stone, and Virginia Portmann present.
Approval of Agenda
Motion by Stone, second by Lee, and unanimously carried to approve the amended County Board agenda of
September 23, 1997.
Approval of Minutes
Motion by Portmann, second by Nelson, and unanimously carried to approve the County Board minutes of
September 16, 1997 as submitted.
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Bois De Sioux Watershed District Update o
Bois De Sioux Watershed District Administrator, John Roeschlein, presented the 1996 Annual Report of the "
Red River Watershed Management Board and the Bois De Sioux WD annual report. Mr. Roeschlein
reported that the watershed district has been busy working with FEMA relative to the spring floods in
Minnesota and additionally, with a large RIM project. Permitting problems with ditch work currently
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Otter Tail County Board of Commissioners
September 23, I 997
Page3
taking place in the southern part of Otter Tail County were discussed. Highway Engineeri Rick West, and
Mr. Roeschlein will meet to develop a joint permitting/notification procedure to ensure that the road
authority is aware of all work performed in their road right-of-ways in the future.
True County Assessor System
Bob Moe, Assessor, presented results regarding the county's proposal to adopt a True County Assessor
system. Mr. Moe's responses included one township and two cities in favor of the True County Assessor
system and five townships in opposition of the proposal. Mr. Moe requested approval of a resolution to
adopt the True County Assessor system to ensure a more fair and true assessment of properties throughout
Otter Tail County. With this system, townships would experience less financial burden, however, would still
maintain their authority to hold Board of Review meetings for their township. Commissioners' Portmann,
Lee, and Nelson conveyed communication with several townships opposed to this system. General
· consensus of the County Board is to continue to provide education and reasons to adopt the True County
Assessor system to the townships and to delay a decision until December of 1997.
Planning Commission Recommendations
Conditional Use Permit -Wayne Sorem:
: Motion by Lee, second by Stone, and unanimously carried to approve a Conditional Use Permit for Wayne
Sorem (Sec. 35, Twp. 13 7, R. 39, Mud Lake) with conditions as recommended by the Planning Commission.
Conditional Use Permit -Philip Douglas:
Land & Resource Director, Bill Kalar, noted that a Land & Resource Office representative will meet with
contractors prior to beginning this project. Patricia Douglas represented the application.
Motion by Lee, second by Portmann, and unanimously carried to approve a Conditional Use Permit for
Philip M Douglas (Sec. 2, Twp. 134, R. 42, Unnamed Lake) with conditions as recommended by the
Planning Commission and subject to approval by the Land & Resource Office after viewing the project.
Conditional Use Permit -Douglas Lorentz:
Motion by -Lee, second by Portmann, and unanimously carried to approve a Conditional Use Permit for
Douglas Lorentz (Sec. 10, Twp 136, R. 42, Lake Lida) with conditions as recommended by the Planning
Commission.
Conditional Use Permit Jim Brendel -"Little Pine Haven Resort":
Mr. Kalar noted a correction in the motion as presented in the September 17, 1997, Planning Commission
minutes. Rather than "mobile home", the motion should read "recreational camping unit".
Motion by Nelson, second by Stone, and unanimously carried to approve a Conditional Use Permit for Jim
Brendel -"Little Pine Haven Resort" (Sec. 2, Twp 136, R. 39, Little Pine Lake) with conditions as
recommended by the Planning Commission.
Conditional Use Permit -Eric Canfield/Craig Peterson:
Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use Permit for Eric
Canfield/Craig Peterson (Sec. 29, Twp. 136, R. 40, McDonald Lake) with conditions as recommended by the Q . Planning Commission.
Otter Tail County Board of Commissioners
September 23, I 997
Page4
Subdivision -Donald Fondrick:
Motion by Nelson, second by Portmann, and unanimously carried to approve the subdivision of Donald r'\
Fondrick described as SE¼ SW¼ of Lot 4 Ex Tr; Section 33 of Dead Lake as presented. .....,;
SCORE Use Tax Moratorium Resolution
Otter Tail County Resolution No. 97-50
UPON a motion by Portmann, second by Lee, and unanimously carried, the Otter Tail County Board of
Commissioners adopts the following resolution and approves the use of numbers on the sales and use tax
self-audit that were verified and certified by the Department of Revenue for the years of 1992-1996:
WHEREAS, the Minnesota Department of Revenue (DOR) has requested a voluntary audit of Otter Tail
County's mixed municipal solid waste management revenues and expenditures for January 1, 1997 through
June 30, 1997; and
WHEREAS, the DOR has requested a voluntary audit and report of Otter Tail County's mixed municipal
solid waste revenues from 1992 through 1996; and
WHEREAS, the voluntary audit includes a response deadline of September 30, 1997, or penalties and
interest on potential tax liabilities may be imposed; and
WHEREAS, the 1997 audit in mid-year will require counties to audit now and again at year end; and
WHEREAS, there is on going confusion and controversy over the DOR's interpretation of which county
revenues are taxable and which are not, as evidenced by a letter from Otter Tail County Solid Waste 0
Director, Michael Hanan, dated September 23, 1997; and
WHEREAS,, this self-audit states that county service fee revenue included on property tax statements is
taxable; and
THEREFORE, BE IT RESOLVED, that Otter Tail County formally requests the Minnesota Department of
Revenue to suspend the current deadline for responding to the self-review to such a time in 1998 that will
allow counties to complete this review once to comply with the moratorium enacted as part of Chapter 231
(1997 Omnibus Tax Bill).
Adopted at Fergus Falls, Minnesota, this 23'd day of September, 1997.
Dated: _..L>tQ,,c..<,M:n,o>LJ<1.2...a ..1.4....,,_1_,_9_,_9?£.._ __
A~~a Larry Kro
Market Price for the Solid Wast nagement Tax
Otter Tail County Resoluti o. 97-51 f\
WHEREAS, the solid waste management tax requires political subdivisions to identify by resolution and a '.._,/
market price if the political subdivision: Subsidizes the cost of service at a facility.
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Otter Tail County Board of Commissioners
September 23, 1997
Page 5
WHEREAS, the political subdivision will be liable for the solid waste management tax based only on the
, market price amount identified through this resolution.
WHEREAS, the market price is identified in state statutes as the "lowest price available in the area".
WHEREAS, Otter Tail County has performed research to identify the lowest price available in the area;
THEREFORE, the County of Otter Tail declares a market price of $40.00 per ton at Quadrant and additional
transportation cost of~ per ton.
Adopted at Fergus Falls, Minnesota, this 23'd day of September, 1997.
,Dated: (Q•:J-i,-A-u, Z !'1'17 ISSIONERS
Au,,, J~d
, Larry Kr
Pickeral Lake Delegation
Dennis Hite, representing the Pickeral Lake Delegation, appeared and presented a "Letter to the Editor" in
support of the proposed Highway 74 project and in rebuttal of a recent "Letter to the Editor" that appeared in
the Daily Journal written by Wendy Fogard.
Recommendation of Bid Award-C.P. 97:10
Motion by Lee, second by Portmann, and unanimously carried to award C.P. No. 97:10 (Flood Repair Work
-Grading, Aggregate Base, Bituminous Base, Bituminous Surfacing & Aggregate.Shouldering) to Mark
Sand & Gravel Acquisition Company, in the amount of $150,973.85, as recommended by the Highway
Engineer.
Phelps Mill Dam -Insurance Analysis
Motion by Portmann, second by Lee, and unanimously carried to award the completion of a dam failure
analysis on the Phelps Mill Dam, in the amount of $8,980, to Barr Engineering as recommended by the
Highway Engineer.
Ditch Nos. 67 & 37
, Ditch Inspector, Tiny Holm, reported that an opinion regarding the new tile placement in Ditch No. 67 has
been received from Interstate Engineering at a cost of $167 for the engineer's work. Mr. Holm requested
authorization for a minor cleanout at the 210 exit of Ditch No. 37 and to add a ditch tax, in the amount of
$500, to the Ditch No. 37 fund. Mr. Holm cited beaver control of Ditch No. 37 as a potential expense.
Motion by Lindquist, second by Lee, and unanimously carried to authorize the requested cleanout of Ditch
No. 37 and further, to authorize the $500 ditch tax for Ditch No. 3 7 as described above.
Premise Permit
Otter Tail County No. 97-52
Upon a motion by Nelson, seconded by Stone, and unanimously carried, the following resolution 'was
adopted:
Otter Tail County Board of Commissioners
September 23, 1997
Page6
WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and permits O
for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and ··
WHEREAS, the Perham Eagles Auxiliary "4224", Perham, MN, has made an application to the Gambling
Control Board for a premise permit to conduct lawful gambling at Stroms Steakhouse, Inc. in Perham
Township of Otter Tail County; and
WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue a permit
unless they receive a resolution from the Otter Tail County Board of Commissioners approving the permit;
and
WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of
lawful gambling by the Perham Eagles Auxiliary "4224", Perham, MN, at Stroms Steakhouse Inc., in
Perham Township of Otter Tail County.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby
approves the conduct of lawful gambling by the Perham Eagles Auxiliary "4224", Perham, MN, at Stroms
Steakhouse, Inc. in Perham Township of Otter Tail County, provided the applicant meets all the necessary
criteria for the licenses and permits as required by the Gambling Control Board.
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the
Township of Perham by sending them a copy of this resolution.
Adopted this 23'd day of September, 1997.
Dated: (Qc;t,,.f,,A, 7, / 9'17 ERS
An,. kx.d
Larry Kr
Budget Transfer
Motion by Lee, second by Partmann, and unanimously carried to approve a transfer of$182,353.32 from the
Capital Improvement Fund to the General Fund to correct coding errors and to approve a transfer of
$49,200.00 from the General Fund to the Capital Improvement Fund to cover Professional Services for the
GIS Department. The Capital Improvement Committee has approved the above transfers.
Adoption of a Revised Preliminary Net Property Tax Levy
Otter Tail County Resolution No. 97-53
Revised Net Property Tax Levy for Payable 1998:
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Payable 1997 Payable 1998 Percent 0
Tax Capacity Based Levy
Gross Property Tax Levy 14,283,692 15,243,999 6.72
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HACA Reduction
Local Performance Aid Reduction
Net Property Tax Levy,
Market Value Tax Levy
Proposed Net Property Tax Levy
2,383,548
59,228
11,840,916
145,166
11,986,082
Otter Tail County Board of Commissioners
September 23, 1997
Page 7
2,783,479 16.78
68,369 15.43
12,392,151 4.66
144,184 ( .68)
12,536,335 4.59
After discussion and consideration, a motion was offered by Nelson, second by Portmann, and unanimously
carried to adopt the following resolution:
WHEREAS, on or before September 15, 1997, Otter Tail County must adopt a proposed budget for fiscal
year 1998 and must adopt and certify a proposed net property tax levy for payable 1998; and
WHEREAS, on September 9, 1997, the Otter Tail County Board of Commissioners adopted a net tax
capacity based property tax levy for payable 1998, in the amount of $12,681,542, and a market value based
property tax levy for payable 1998, in the amount of $144,184, for a total proposed payable 1998 net
property tax levy of$12,825,726; and
WHEREAS, on September 11, 1997, the Otter Tail County Auditor certified'the proposed payable 1998 net
property tax levy to the Minnesota Department of Revenue; and
WHEREAS, the proposed payable 1998 property tax levy included a number of special levies totaling
$1,265,246; and
WHEREAS, the Department of Revenue, in a letter dated September 15, 1997, informed Counties that a
determination has been made disallowing certain human service areas which were previously being
considered as possible special levies and as a result of this determination the Department of Revenue is
extending the deadline for counties to certify their proposed property tax levy until September 30, 1997.
THEREFORE, BE IT RESOLVED, that as a result of the above change the Otter Tail County Board of
Commissioners hereby adopts as the County's proposed payable 1998 net tax capacity based levy the amount
of $12,392,151 and adopts as the County's proposed payable 1998 market value based levy the amount of
. $144,184 for a total proposed payable 1998 levy of $12,536,335.
BE IT FURTHER RESOLVED, that Otter Tail County's special levy request is hereby reduced by $289,391
for a total payable 1998 special levy request of $975,855.
Adopted at Fergus Falls, Minnesota, this 23'd day of September 1997.
Dated: tQc-J,,/,n,., 7, / 99 2
A-'~ d Larry Kro
Otter Tail County Board of Commissioners
September 23, 1997
Page 8
Lakes Country Service Cooperative
Motion by Nelson, second by Lee, and unanimously carried to nominate Commissioner Portmann for a four-
year term to serve on the board of directors of the Lakes Country Service Cooperative.
Christmas Toy Drive
Teamster Union Stewards requested permission to conduct a Christmas toy drive for flood victims in Grand
Forks and East Grand Forks. County Commissioners agreed to grant permission as requested.
Otter Tail County Land Use Study Advisory Board Appointments
Commissioners appointed the following citizens to the Land Use Study Advisory Board:
Commissioner Portmann:
Commissioner Nelson:
Commissioner Lindquist:
Commissioner Stone:
Buzz Lundeen, Fergus Falls
Nancy Eisenger, Fergus Falls
Harley Windels, New York Mills
Sherman Mandt, Perham
Dale Jokela, New York Mills
Andy Klinnert, Ottertail
John Matteson, Battle Lake (COLA)
David P. Johnson, Fergus Falls
Bruce Brenden, Rothsay
John Christensen, Battle Lake
Howard Goese, Fergus Falls (WOT Township Officers Assn.)
Truman Eggum, Dalton
Eldred Ellenberg, Perham (EOT Township Officers Assn.)
Closed to the Public
Adjournment
Motion by Portmann, second by Lee, and unanimously carried to declare the meeting of the Otter Tail
County Board of Commissioners closed to the public for the purpose of evaluating the performance of
Diane Thorson, Public Health Director, pursuant to M.S. 471.705 Subd. Id (d). A summary report of
performance conclusions will be provided at the next regular board meeting. At 4: 15 p.m. upon conclusion
of the closed session, Chairman Lindquist declared the County Board meeting adjourned until Tuesday,
October 7, 1997 at 9:30 a.m.
Dated: cOcto&, o, 7 / 99 7 '
Attest: ~ d
LarryKr ~
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