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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/26/19990 a MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Courthouse Commissioners' Room, Floor 1-8 Tuesday, October 26, 1999 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, October 26, 1999 at 9:32 a.m. at the Otter Tail County Courthouse with Commissioners Virginia Partmann, Chair; Andy Lindquist, Vice-Chair; Syd Nelson, Malcolm Lee, and Roger Froemming present. Approval of Agenda Motion by Lee, second by Froemming, and unanimously carried to approve the Human Services Board agenda of October 26, 1999 as mailed. Approval of Minutes Motion by Nelson, second by Lindquist, and unanimously carried to approve the Human Services Board minutes of October 12, 1999 as mailed. Juvenile Accountability Incentive Block Grant (JAIBG) Court Services Director, Chuck Kitzman, reported that Otter Tail County has the opportunity to receive a grant of $18,270 from the Minnesota Department of Economic Security if the county has a cash match of $2,030. Last year, the funds for this match were not in the county budget; therefore, Otter Tail County opted not to apply for the grant funds and the money was used by the West Central Regional Juvenile Center to fund a transitional coordinator position. If Otter Tail County was to apply for the JAIBG: 1) a cash match would be required, 2) only 10% of the funds could be used for administrative purposes, 3) grant dollars must be spent in specific categories, and 4) a Juvenile Crime Enforcement Coalition would need to be established. Motion by Lindquist, second by Lee, and unanimously carried to authorize the County Coordinator and Court Services Director to respond to the MDES and indicate that Otter Tail County does not elect to participate in this grant application process and suggest that the county's share of the allocation be offered to the West Central Juvenile Treatment Center similar to last year. Community Health Services Plan Public Health Director, Diane Thorson, requested approval of the Otter Tail County Community Health Services plan. Motion by Commissioner Malcolm Lee, second by Commissioner Roger Froemming, and unanimously carried to approve the CHS Plan as the Human Services Board and to appoint Diane Thorson, Public Health Director/CHS Administrator, to act on the Board's behalf and bind the Board for the following purposes: ► To serve as the Board's agent in communicating with the Commissioner of Health between Board meetings, including receiving information from the Commissioner and disseminating the information to the Board, as well as providing information to the Commissioner on the Board's behalf; Otter Tail County Board of Commissioners October 26, 1999 Page2 ► To sign and submit to the Commissioner the prepared Community Health Plan, revisions to the Plan and activity reports; ► To sign and submit to the Commissioner the annual budget, revisions to the budget, and expenditure reports; ► To sign on behalf of the Board the applications for all special project grant applications administered by the Commissioner of Health; ► To obtain authorization from the Board prior to signing and executing contracts for all special project grants administered by the Commissioner of Health. Motion by Portmann, second by Froemming, and unanimously carried to approve the CHS plan as the Otter Tail County Board of Commissioners. Medicare Cost Report Diane Thorson requested approval to enter into a contract with Larson, Allen, Weishair & Co. for preparing medicare cost reports for year ending September 30, 1999. Motion by Lee, second by Lindquist, and unanimously carried to authorize the Public Health Director to enter into a contract with Larson, Allen, Weishair & Co. for medicare cost reporting at an approximate cost of $3,000 -$3,500 plus $500 for travel expenses related to on-site preparation. Catholic Charities Intensive Treatment Unit Fiscal Host Contract Update -Catholic Charities Program John Krueger, Director of Catholic Charities, briefed the board on the intensive treatment program in Fergus Falls and requested approval of the Host Contract at a 4% increase. Motion by Lindquist, second by Lee, and unanimously carried to authorize the Chair's signature to renew the Host Contract between the County of Otter Tail and Catholic Charities for intensive treatment serving adjudicated delinquent youth at a 4% increase ($276.97 per day). The contract is effective for the period of January 1, 2000 through December 31, 2000. Minnesota Food Stamp Enhanced Funding Human Services Director, John Dinsmore, reported that Minnesota is receiving almost $4.5 million in additional federal funding due to the state's high accuracy rate in operating the Food Stamp Program. Of the $4.5 million, 75% will go to the 87 Minnesota counties for program improvement. Otter Tail County has received $37,661.00. There are no requirements for counties to match this money. It is a bonus for outstanding performance. Mr. Dinsmore has requested the staff working with the Food Stamp Program to develop short and long term recommendations for the program and ultimately a written report will be submitted to the OHS by January 31, 2000 .. Otter Tail County Food Stamp Enhanced Funding Otter Tail County Resolution No. 99 -57 Upon a motion made by Portmann, seconded by Lee and unanimously carried, the Otter Tail County Human Services Board adopts the following resolution: • 0 0 WHEREAS, Minnesota is receiving almost $4.5 million in additional federal funding due to the state's high accuracy rate in operating the Food Stamp Program; and O WHEREAS, of that amount, 75% will go to the 87 Minnesota counties for program improvement; and ' . Q 0 Otter Tail County Board of Commissioners October 26, 1999 Page 3 WHEREAS, from 10-97-8-98, Minnesota had the fourth (4th) lowest error rate -5.18% -among all states. The national error rate was double this amount, or 10.69%. Minnesota is the first state in the Midwest region -Ohio, Michigan, Illinois, Indiana, and Wisconsin -to receive the federal "bonus" money, and WHEREAS, Otter Tail County has already received our enhanced funding, totaling $37,661.00; and WHEREAS, From 1996 through 1998, Otter Tail County's overall error rate was 3.25%; and WHEREAS, guidelines for expending the funds have been set forth in DHS Bulletin 99-1-3. The bulletin states that funds need " ... to be used to maintain or improve administration of the Food Stamp or Minnesota Investment Programs ... There are no requirements for counties to match this money. It is a bonus for outstanding performance"; and WHEREAS, we must submit a written report to the Minnesota Department of Human Services by January 31, 2000 indicating how we will expend the funds; and WHEREAS, The Otter Tail County Department of Human Services will develop a list of short term and long term recommendations reflecting our priorities in effectively utilizing the funds; and WHEREAS, Said recommendations will be presented to the Human Services Board in January, 2000. NOW, THEREFORE, BE IT RESOVLVED, that the Otter Tail County Human Services Board recognizes and expresses gratitude and appreciation to all members of the Income Maintenance Unit Programs. The receipt of this Food Stamp Enhanced Funding is due to the excellent performance of all staff who are responsible for providing food stamp services and benefits to residents of Otter Tail County. Dated this 26th day of October, 1999 Dated: ~lf'M "7, I "I?? OTTER T MAN SERVICES BOARD Attest: ~1' ~ Larry Kr hn,lerk ortmann, Human Services Chair Seven County Family Reunification Training Grant Otter Tail County, along with six other counties, has submitted an application for a Family Group Decision Making Grant in the amount of $400,000 with in-kind match required. This funding would be used to hire three individuals to: 1) provide services to children and families in transition in the CHIPS Program, 2) provide cultural services for ethnic or racial minority individuals, 3) train judges, county attorneys, corrections, and Social Services staff on family group decision making. Computer Management for Human Services -Contract Renewal Motion by Lee, second by Lindquist, and unanimously carried to authorize the Chair's signature to renew a contract with TriMin Systems, Inc. to provide computer programming and technical Otter Tail County Board of Commissioners October 26, 1999 Page4 assistance and update software to integrate financial system. Cost is $15,750 per calendar quarter for the year 2000 and $15,660 per calendar quarter for the year 2001. Otter Tail Family Services Collaborative -Discussion Public Health Director, Diane Thorson, reported on a recent meeting held at Productive Alternatives with attendance from many partners. Managing the McKnight funding of $21,000 was discussed. The target is to reach those individuals who are the hardest to employ. Job Club has been one effective component of the workforce project. Computers were set up in libraries in Perham where there is a large labor market. The same set up is planned for Wadena County. Discussion took place regarding the possibility of job search being done on the Internet and not requiring specific software anymore. Ms. Thorson will research this component and return to the next Human Services Board meeting to request approval of on-going support of the partnership. Kandiyohi Resolution in Support of Legislative Action Mr. Dinsmore received a letter from the Kandiyohi County Family Services Department requesting Otter Tail County's support for juvenile court to be more open and the convening of a work group next year to make recommendations to the Minnesota Legislature in 2001 on developing and implementing a statewide system of sharing data on juveniles who are currently involved in the juvenile justice system, or who are at risk to be. Discussion followed. Motion by Lee, second by Froemming, and unanimously carried to support the resolution of Kandiyohi County and the proposed state legislative action (Section 1. Statewide Information Sharing on Juvenile) with a clarification to add a representative of the Corrections field to the proposed workgroup. (A bill for an act -Statewide Information Sharing on Juveniles is attached as Attachment A of these minutes). 0 Approval to Pay Bills Motion by Lindquist, second by Nelson, and unanimously carried to approve the Human Services bills and claims as presented. Adjournment At 10:34 a.m., Chair Partmann declared the meeting of the Otter Tail County Human Services Board adjourned until 9:30 a.m. on Tuesday, November 9, 1999. Dated: 'z'.leiie,-Q.e,, o/, 1111 OTTER T OUNTY HUMAN SERVICES BOARD Attest ~ ~ Larr0<r<( n, Cerk a Partmann, Human Services Chair Call to Order The Otter Tail County Board of Commissioners convened Tuesday, October 26, 1999 at 10:54 a.m. at the Otter Tail County Courthouse with Commissioners Sydney Nelson, Chair; Andy Lindquist, and Roger Froemming present. Commissioners Virginia Partmann and Malcolm Lee were not present until after the Personnel Committee meeting adjourned. Motion by Froemming, second by Lind:i:~~~~I i~:i~~~~=ly carried to approve the County Board 0 agenda of October 26, 1999 with the following addition: MCIT/AMC Annual Conference -Voting Delegate & Alternate 0 0 Approval of Minutes Otter Tail County Board of Commissioners October 26, 1999 Page 5 Motion by Lindquist, second by Froemming, and unanimously carried to approve the County Board minutes of October 19, 1999 as mailed. Request for Approval -Violence Prevention Policy Tim Hunt, Safety Director, requested approval of the Violence Prevention Policy which was presented to the commissioners at last week's meeting. Commissioner Lindquist questioned whether or not the Violence Prevention Policy was state mandated. Mr. Hunt replied that the policy evolved because of incidences in other counties such as bomb threats, etc. It is not state mandated; however, providing a safe workplace for employees is a requirement from OSHA. Motion by Froemming, second by Nelson, and unanimously carried to approve the Otter Tail County Operational Policies, Physical Security & Personal Safety dated October 1999 (Appendix 15 to Annex L to Otter Tail County Safety & Health Program) as presented by Mr. Hunt. Request for Contract Approval -CSAH 34 Motion by Lindquist, second by Froemming, and unanimously carried to authorize the Chair's signature to execute a contract between the County of Otter Tail and Riley Bros. Construction of Morris, MN for the CSAH 34 Grade Raise Project contingent upon approval of the County Attorney. Performance Evaluation Summary Motion by Lindquist, second by Lee, and unanimously carried to place Physical Plant Manager, Rick Sytsma's, positive evaluation in his personnel file. MCITIAMC Voting Delegates for 1999 Motion by Lee, second by Lindquist, and unanimously carried to approve Commissioner Syd Nelson as delegate and Commissioner Roger Froemming as alternate for voting at the MCITIAMC annual conference December 6 -December 8, 1999. Payment Approval -Fund 17 Waste Management Contingent Motion by Lee, second by Lindquist, and unanimously carried to approve the recommendation made by the Joint Powers Board to close Fund 17 (Waste Management Contingent Fund). The Cash Balance of $587,336.22 is to be distributed in the following manner: $510,836.40 to the Solid Waste Fund to cover transfer costs associated with hauling Joint Powers County's Solid Waste Materials, and $76,499.82 to Hubbard County who is no longer a member of the Joint Powers Board. Planning Commission Recommendations Conditional Use Permit-T.S. Recreational. Inc.: Motion by Lee, second by Lindquist, and unanimously carried to approve a conditional use permit to zone this property commercial as presented. This will be used as a storage building for company vehicles. The property is described as Sec. 1, Twp. 137, R. 43, Scambler Township, Lake No. 56-786. Conditional Use Permit -William A. Persson: Motion by Lee, second by Partmann, and unanimously carried to uphold the denial of the Planning Commission for a conditional use permit to build a road through the back part of lot near West McDonald Lake (Sec. 24, Twp. 136, R. 41, Dora Township, Lake No. 56-386). Otter Tail County Board of Commissioners October 26, 1999 Page 6 Conditional Use Permit -Jay and Melony Taylor: Motion by Lee, second by Lindquist, and unanimously carried to approve a conditional use permit /\ to reinforce a failing retaining wall on Pelican Lake (Sec. 4, Twp. 137, R. 42, Dunn Township, Lake >w No. 56-786) with conditions as recommended by the Planning Commission. Conditional Use Permit-James and Mary Benson: Motion by Nelson, second by Froemming, and unanimously carried to approve a conditional use permit to allow easier access from the basement level near Big Pine Lake (Sec. 21, Twp. 136, R.38, Pine Lake Township, Lake No. 56-130) with conditions as recommended by the Planning Commission. Conditional Use Permit-Duane and Theresa Haugen: Motion by Nelson, second by Froemming, and unanimously carried to approve a conditional use permit with conditions as recommended by the Planning Commission near Little Pine Lake (Sec. 35, of Gorman Township, R. 39, Lake No. 56-142). Conditional Use Permit -George and Marge Montplaiser: Motion by Lee, second by Froemming, an unanimously carried to approve a conditional use permit as requested to install retaining walls on Big McDonald Lake (Sec.13; Twp. 136, R. 41, Dora Township, Lake No. 56-386). Conditional Use Permit-Richard Viger: Motion by Lindquist, second by Portmann, an unanimously carried to approve a conditional use permit as requested to install sediment control basins assisted by the West Otter Tail Soil and Water Conservation District on Ten Mile Lake (Sec. 20, Twp. 133 N, R. 42W, Tumuli Township, Q Lake No. 604). Conditional Use Permit -John Moe: Motion by Lindquist, second by Lee, and unanimously carried to approve a conditional use permit as requested to install sediment control basins assisted by the West Otter Tail Soil and Water Conservation District on Unnamed Lake (Sec. 10, Twp. 133N, R.41W, Sverdrup Township, Lake No. 452). Conditional Use Permit -Marvin and Sandy Heisler: Motion by Lee, second by Froemming, and unanimously carried to approve a conditional use permit for dirt removal for a future building spot near Loon Lake (Sec. 35, Twp. 137, R. 41, Candor Township, Lake No. 56-523) with conditions as recommended by the Planning Commission. Conditional Use Permit -Michael Schwindt: Motion by Lee, second by Partmann, and unanimously carried to approve a conditional use permit as requested to construct a boathouse on Fish Lake (Sec. 17, Twp. 137, R. 42, Dunn Township, Lake No. 56-768). Conditional Use Permit-Brutlag Land Co.: Motion by Lindquist, second by Portmann, and unanimously carried to approve a conditional use permit as requested to install sediment control basin assisted by the West Otter Tail Soil and Water Conservation District on Upper Lightning Lake (Sec. 13, Twp. 131 N, R. 44W, Western Township, Lake No. 957). 0 0 Conditional Use Permit -Darrell and Marlene Gast: Otter Tail County Board of Commissioners October 26, 1999 Page 7 Richard Henderson (attorney) and Damon DeVillers (engineer) represented this CUP request. Ed Klinger (attorney for VanDerWeides & Rehms) and Richard Gunderson (engineer) were present to express opposition to the proposed project. Ed Klinger expressed an objection that this conditional use permit was considered by the Planning Commission because he felt there has been no substantial change in the plan from the first time that it was proposed. Therefore, because a like plan was denied, the next recourse should be the Board of Appeals. Mr. Klinger stated that natural water flow is by percolation and spoke in opposition of needing fill as neighbors would be adversely affected. Rick Gunderson, spoke in opposition I of the proposed plan and stated that the driveway could be lowered and the swale straightened out and then allow natural percolation. He stated that the biggest issue is the driveway and the elevation. Commissioner Lindquist requested review of the conditional use permit request and noted that there are other options to complete this project without bringing in fill. Land & Resource Director, Bill Kalar, stated that Mr. Gast is requesting enough fill to create a driveway up into his garage which sits up 3-4' above existing grade. Richard Henderson explained that initially, the County Board asked the Gast's to meet and make accommodations so a second plan was submitted with a second application. The current plan is similar to the second plan except the driveway elevation is slightly less from the west side of the property. The change from the first time was that the driveway elevation changed and retaining wall had been added to reduce the slope. Commissioners rejected the proposal because of material change from the plan submitted to the Planning Commission. He then presented a map showing the 3 watershed basins on the Gast property. One is the front of the house, which is a non-issue. There could be a problem with the existing condition on the west side where flows go to the new catch basin and if the basin doesn't have the capacity, water could flow into the VanDerWeides garage. The proposed driveway would make the north and east ends of the property the high points, change the water basin and now flow goes to the swale and around the property into the front yard where there is an ice ridge at the lake line so flow will percolate in the front yard. This would limit the drainage area so there isn't too much water in a man-made structure. This is designed according to the SMO and doesn't drain directly into the lake and would be filtered. Mr. Henderson requested that the CUP request be considered on its merits and a decision be based on factors in the SMO. He requested that decision be based on a factual basis from the records submitted. Discussion followed. Chairman Nelson requested Mr. Kalar's opinion. He stated that the proposed project should reduce the water flow to the neighbor's property. Motion by Froemming, second by Nelson, to deny the conditional use permit request of Darrell and Marlene Gast on Otter Tail Lake (Sec. 14, Twp. 134, R. 40W, Amor Township, Lake No. 56-242). Discussion followed. Mr. Henderson requested that Commissioner Froemming articulate reasons for denial with reference to the Shoreland Management Ordinance. Mr. Klinger stated that it should stay as ii is until an appeal is either granted or not granted. Fill is not necessary as a part of the plan and alters the topography and the plan is inappropriate in terms of the Shoreland Management Ordinance. Commissioner Froemming stated that the plan was to haul in fill and from the beginning, no fill was to be hauled in. Chairman Nelson called for a vote: Otter Tail County Board of Commissioners October 26, 1999 Page 8 Voting: In favor -Froemming & Nelson Motion failed. Opposed -Lee, Lindquist, & Partmann Motion by Lindquist, second by Partmann, and unanimously carried to table further action on this CUP request until next week at which time the County Attorney and Land & Resource Director will present a list of reasons for and against the request. At 11 :50 a.m., the Chair declared the record closed on this CUP request; no further testimony will be accepted on this matter. Conditional Use Permit -Jewett Lake Association: Motion by Partmann, second by Froemming, and unanimously carried to approve a conditional use permit to install a 15" water pipe to drain Jewett Lake down to its Ordinary High Water Mark (sec. 13, Twp. 134, R. 43, Elizabeth Township, Lake No. 56-877) with conditions as recommended by the Planning Commission. Adjournment At 12:00 noon, Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, November 2, 1999. Attest ~ eft, Larry Kr hn, !erk CB:kd Attachment 0 0 • 0 2 3 4 5 G 7 8 9 10 II me lbml c£ O'.nmissicnars ~26, 199, A bill for an act Atta:hrait A {) relating lo government data practices; requiring recommendations on a statewide ;p 4 ,i-. system for schools, family services and law enforcement to share data on certain l'}'- juveniles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section I. (STATEWIDE INFORMATION SHARING ON JUVENILES.] The criminal and juvenile justice iofonnation vo·licv group shall convene a workgrou□ for the pumose of making recornmenrlntions on the deve)opmenl and inmlementation ofa statewide system for sharing between and among school districts local family services agencies and law enforcement agencies data on juveniles who arc or have been involved in the juvenile justice system have been certified for prosecution as an adult or whose behavior poses a risk of harm to 12 the community 13 The recommendations musi maximize infonnation sharing within lbe limits of applicable 14 state and federal statutes and rules The recommendations must include the following: 15 (1) Ways to educate law enforcement agencies, family services agencies and schools 16 about current Jaw and mies on sharing data about j11veniles· 17 (2) Wbelher cooperative agreements arc needed amony agencies sharing i11for111ation: 18 (3) Recommendations for legislative changes in statutes on the sharing of data about 19 certain juveniles bv Jaw enforcement agencies family services agencies and schools· 20 (4) Whether there is a need to design statewide information delivery system to provide 21 participating agencies and schools with data on specified juveniles, and ifso, the characteristics 22 and approximate cost of such a system· and (5) Any other issues the workgroup concludes the legislature should address. 2 The workgroup must include the commissioner of the department of administration or a 3 designee, the commissioner of children, famiJies nod learning or a dcsignce the commissioner 4 of public sa(ety or a dcsignee, the commissioner of the department of human services or a 5 designee a representative of tbc Minnesota Association of School Administrators, a 6 representative of Education Minnesota a representative of the Minnesota principals association 7 a peace officer serving in a municipality or county located in the seven county melropolitm1 area 8 a peace officer serving in a municipality or county located outside the seven county metropolitan 9 agency and a district judge experienced in juvenile matters 10 The workgroup shall submit its recommendations in writing to the chairs of the house l l civil law and crime prevention committees and the senate jucliciarv and crime prevention 12 committees by January 2...2.Q.Q.L