MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS 515 W.

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1 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners Room 515 W. Fir Avenue, Fergus Falls, MN 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. on Tuesday,, at the Government Services Center in Fergus Falls, MN, with Chairman, Vice-Chair, Commissioner Wayne Johnson and Commissioner present. Commissioner was present via phone conference from 9:30 a.m. to 10:40 a.m. and again from 1:08 p.m to the close of the meeting. Approval of Agenda Chairman Lindquist called for approval of the agenda. Motion by Rogness, second by Froemming, and unanimously carried to approve the Board of Commissioners agenda of September 22, 2015 as presented. Consent Agenda Motion by Froemming, second by Johnson, and unanimously carried to approve Consent Agenda items as follows: 1. September 8, 2015 Board of Commissioners Meeting Minutes 2. Warrants/Bills for (Exhibit A) 3. Human Services Bills & Claims 4. Approve County Credit Card for Deputy Sheriff, Carla R. Doll 5. Notice of Filing of Boundary Change Petition Bois de Sioux and Buffalo Red River Watershed Districts Muskie Management in OtterTail County DNR Fisheries Supervisor, Jim Wolters submitted a talking points document titled New Muskie Water in Otter Tail County. Mr. Wolters provided Muskie management statistics. In Otter Tail County, there are 107 lakes managed for sport fishing with three lakes managed for Muskie fishing (West Battle, Beers and Pelican). These lakes are maintained by stocking. Mr. Wolters indicated that the MN DNR is looking for a new lake in Otter Tail County to stock/maintain Muskies. He reviewed the public engagement and education process to identify possible lakes which have been reduced to three Lizzie, Franklin and Loon Lakes. Mr. Wolters reported that research has shown that low density Muskie populations do not have adverse effects on other sport fish species such as Walleye, Bass and Panfish. Lengthy discussion continued about the perceptions of the public regarding introduction of Muskies and issues about various types of Muskies. An open house public input meeting will be scheduled in November/December of 2015 in the Pelican Rapids area. New York Mills Office Building Administrator, Larry Krohn, Economic Development Director, Nick Leonard and Facilities Operations Manager, Terry Hoff addressed the issue of open/empty space in the New York Mills building. Mr. Leonard briefed the Board on the possibility of the Community Wellness Center located in the New York Mills school building to relocate to the lower level of the County office building. This would open up needed space at the school building and expand the Community Center s hours. Discussion continued about the need for County rental policies and leases that identify specific maintenance duties. Chairman Lindquist directed County officials to continue to research the best options for the New York Mills community as it relates to use of County office building space.

2 Page 2 Dog Bite Hearing Decision PHN Jessica Metzger, County Board members and County Attorney David Hauser, discussed the dog bite case regarding a dog named Harley owned by Scott Sibert. Lengthy discussion took place regarding the applicable Minnesota Statutes and a draft Findings of Fact and Order prepared by Assistant Attorney, Jeffrey Pabarcus. Because the dog bites that have occurred by Harley did not inflict substantial bodily harm, a motion was offered by Johnson and seconded by Rogness to reaffirm that the dog named Harley owned by Scott R. Sibert is a potentially dangerous dog and all requirements under the applicable statute must be met. The motion includes recognition that the requirements for placement of a microchip and having liability insurance have been met. Further, if another bite occurs by this dog, euthanization will be considered. The County Attorney will draft final findings and order in the case. Chairman Lindquist called for a roll call vote as follows: GSC Ice Machine Employees Committee President, Zach Fjestad submitted a request to have an ice machine installed in the breakroom of the Government Services Center (GSC) in Fergus Falls. A motion was offered by Rogness and seconded by Johnson to approve purchase of an ice machine as requested. The Employees Committee and the County will split the cost of the purchase. Chairman Lindquist called for a roll call vote as follows: Recess & Reconvene At 10:43 a.m., Chairman Lindquist recessed the meeting of the Otter Tail County Board of Commissioners for a short break. The meeting was reconvened at 10:50 a.m. PROCLAMATION FOR MENTAL ILLNESS AWARENESS WEEK October 4 th 10 th, 2015 Otter Tail County Resolution No WHEREAS, one in four adults experience mental illness every year and approximately half of chronic mental illness begins by the age of 14 and three-quarters by age 24. WHEREAS, mental illness includes major depression, bipolar disorder, schizophrenia, anxiety disorders, posttraumatic stress disorder (PTSD), attention-deficit hyperactivity disorder (ADHD) and borderline personality disorder; and WHEREAS, mental illness is a highly treatable medical illness affecting the brain and requiring the same concern as cancer, heart disease, diabetes and other illnesses; WHEREAS, scientific research is constantly working toward breakthroughs in the understanding of mental illness, resulting in more effective treatments to allow people to reclaim full and productive lives.

3 Page 3 WHEREAS, misunderstandings exist about mental illness and social culture often wrongly imposess stigma on mental illness that discourages people from seeking help when they need it; and WHEREAS, every citizen and community can make a difference in helping to improve the lives of individuals and families affected by mental illness; NOW, THEREFORE BE IT RESOLVED, the Board of Commissioners of Otter Tail County, Minnesota do hereby proclaim October 4 th thru October 10 th, 2015 as Mental Illness Awareness Week in Otter Tail County to increase public awareness of mental illness and to promote treatment and recovery. The motion for the adoption of the foregoing resolution was introduced by Commissioner Froemming, duly seconded by Commissioner Rogness and, after vote being taken thereon with Commissioner Huebsch absent, the following voted in favor: Commissioners Johnson, Lindquist, Froemming, and Rogness and the following voted against the same: None Adopted at Fergus Falls, MN this 22 nd day of September 2015 Dated: OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: Larry Krohn, Clerk By:, Chair Animal Controls Ordinance General discussion took place regarding puppy mills and cruelty to animals. Motion by Johnson, second by Froemming, and unanimously carried to refer the topic of Animal Control to the Ag Advisory Committee. Planning Commission Recommendations Conditional Use Permit Steven Lind & Todd Axtman: Motion by Froemming, second by Rogness, and unanimously carried to approve a Conditional Use Permit for topographical alterations for a future residence as submitted in the revised plan dated August 18, The rock retaining wall may be constructed this fall provided it is completed by November 1, The project is located at Pt GL 4 SWly of McDonald Shores 1 st Addn., Section 20 of Edna Township; Big McDonald Lake (56-386), RD. Conditional Use Permit Eugene & Michelle Erpelding: Motion by Johnson, second by Rogness, and unanimously carried to approve a Conditional Use Permit for topographical work with conditions as recommended by the Planning Commission at their September 9, 2015 meeting. The project is located in Lake View Beach 2 nd Addition NW 12 of Lot 14 & all of 15 & 16 and Lake View Beach 2 nd Addition Res Lot B of Blk 1 & NW 12 of Res C, Section 11 of Scambler Township; Pelican Lake (56-786), GD. Conditional Use Permit Ed Smith: Motion by Rogness, second by Froemming, and unanimously carried to approve a Conditional Use Permit to replace a failing retaining wall as presented. The project is located in Pleasure Park Resort, Lot 2 Blk 1 & 2 not to be split, Section 4 of Otter Tail Township; Otter Tail Lake (56-242), GD.

4 Page 4 Final Plat The Sanitorium Addition Motion by Froemming, second by Rogness, and unanimously carried to approve the Final Plat of The Sanitorium Land Company LLC, titled The Sanitorium Addition consisting of six single family residential lots located in GL 1, Section 32, Twp. 134, R. 40, Amor Township; Otter Tail Lake (56-242). Recess & Tour of Detention Facility At 11:18 a.m., Chairman Lindquist recessed the meeting of the Otter Tail County Board of Commissioners for committee meetings, lunch break and tour of a portion of the detention facility. About 12:30 p.m., after lunch in the new lunchroom at the Otter Tail County Detention Facility at 416 S. Mill, Fergus Falls, MN, Commissioner toured the newly remodeled nurses office and the potential area for additional holding cells. Drainage Systems Ditch 30: At 1:08 p.m., Ditch Inspector, Kevin Fellbaum reviewed information shared at the Ditch 30 public meeting held by the Drainage Authority on September 16, Motion by Johnson and seconded by Rogness to approve the Findings and Order for Redetermination of Benefits in the matter of Ditch 30 as presented by the County Attorney. Chairman Lindquist called for a roll call vote as follows: Mr. Fellbaum spoke to the Board about a current drainage issue on Brian Fronning s property in Ditch 30. Mr. Fronning would like to install tile on the south side of Highway 117 to the centerline culvert. Water will flow the same as it currently flows but this route would be easier to maintain. Motion by Rogness and seconded by Johnson to authorize the Highway Department to obtain a permanent drainage easement to allow Mr. Fronning to install tile over the top of the easement at his own expense. Chairman Lindquist called for a roll call vote as follows: CSAH 40 Culvert Replacement After previously advertising for quotations, the Public Works Director presented a quotation summary and recommendation for award. Motion by Johnson and seconded by Huebsch to award the CSAH 40 Culvert Replacement project to DM Enterprises of Wadena, MN at a lump sum low quote of $36, and $14.00 per cubic yard of borrow material. Chairman Lindquist called for a roll call vote as follows:

5 Page 5 CSAH 56 Culvert Replacement After previously advertising for quotations, the Public Works Director presented a quotation summary and recommendation for award. Motion by Froemming and seconded by Huebsch to award the CSAH 56 Culvert Replacement project east of New York Mills at County Ditch 38 to DM Enterprises of Wadena, MN with a lump sum low quote of $45, and $14.00 per cubic yard of borrow material. Chairman Lindquist called for a roll call vote as follows: LOCAL OPTION SALES AND USE TA FOR TRANSPORTATION Otter Tail County Resolution No Upon motion by Johnson and seconded by Froemming the following resolution was adopted on a roll call vote as follows: WHEREAS: Otter Tail County s transportation infrastructure has a direct impact on the safety of the system users, the county s economy and future economic development; and WHEREAS: many of the Otter Tail County highways are rapidly deteriorating as indicated in the 2040 Otter Tail County Transportation Plan; and WHEREAS: the funding for the Otter Tail County transportation system is inadequate to make the necessary repairs and improvements; and WHEREAS: the 2008 Minnesota State Legislature authorized a local option sales tax for transportation (Chapter 152), and the 2013 Minnesota State Legislature authorized counties to adopt the local option sales tax for transportation by resolution after holding a public hearing (Chapter 117, Article 3, Section 25, now incorporated into Minn. Stat. 297A.993, Subd. 1); and WHEREAS: the 2008 Minnesota State Legislature also authorized a $20 per motor vehicle excise tax for vehicles purchased or acquired from any person engaged in the business of selling motor vehicles at retail (Chapter 152), and the 2013 Minnesota State Legislature authorized counties to adopt the $20 per motor vehicle excise tax by resolution after holding a public hearing (Chapter 117, Article 3, Section 25, now incorporated into Minn. Stat. 297A.993, Subd. 1); and WHEREAS: Chapter 117, Article 3, Section 26, Subd. 2 of the 2013 Session Laws (now incorporated into Minn. Stat. 297A.993, Subd. 2) further requires that the proceeds of the tax be dedicated exclusively to payment of the capital cost of a specific transportation project or improvement designated by the County Board, and that the tax must terminate when revenues raised are sufficient to finance the project or improvement; and

6 Page 6 WHEREAS: the Otter Tail County Board desires to implement the local option sales and use tax for transportation and have the State Department of Revenue collect the same; and WHEREAS: the proceeds of such a tax must be spent on projects identified in the Otter Tail County Transportation Program at the September 8, 2015 Public Hearing and attached (Exhibit B) as part of this resolution dated September 8, 2015; and WHEREAS: any additional projects to be considered for the county sales and use tax must be presented at a public hearing and included in a resolution passed by the Otter Tail County Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners authorizes and implements a 0.5% sales tax as provided for in Minnesota Statutes beginning January 1, 2016, for the purpose of funding transportation projects as identified in the attached Otter Tail County Transportation Program; and BE IT FURTHER RESOLVED, that the Otter Tail County Board of Commissioners authorizes an excise tax of $20 per motor vehicle as provided for in Minnesota Statues beginning January 1, 2016, to fund transportation projects as identified in the attached list of Otter Tail County Transportation Program; and BE IT FURTHER RESOLVED, that the provisions of Minn. Stat. 297A.99, Subdivisions 4, and 6 through 12 govern the imposition, administration, collection and enforcement of the tax; and BE IT FURTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby directs the County Auditor to certify the tax to the Minnesota Department of Revenue for collection of the sales and excise tax on or before September 30, Adopted at Fergus Falls, Minnesota, this 22 nd day of September 2015 Dated: OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: Larry Krohn, Clerk By:, Chair State Contract for LMPK/DLD Outlet Project Public Works Director, Rick West requested approval of the State of Minnesota Grant Contract with Otter Tail County for the Little McDonald Paul & Kerbs (LMPK) and Devil s Lake Outlet Project. Mr. West indicated that the agreement is effective September 15, 2015 with eligible expenses payable if incurred on or after July 1, 2015 for the project. Don Flateau of Frazee, MN spoke in opposition to the LMPK/DLD Outlet project on behalf of neighboring landowners and submitted a copy of a letter addressed to the Minnesota Department of Natural Resources urging the DNR to deny permits for the project. Mr. Flateau raised several concerns including the size/volume of the project and how the project could affect aquifer levels vs. lake levels in the area. Mr. West indicated that there is engineering work that needs to be completed by Houston Engineering as well as right-of-way acquisitions. Discussion took place about the required agreements for the project. The County Attorney advised that an Agreement with the LMPK/DLD Lake Improvement Districts should be completed prior to approval of the Grant Contract between Otter Tail County and the Minnesota DNR. No action was taken.

7 Page 7 Engineering Services Agreement Bridge No Motion by Johnson and seconded by Rogness to authorize the appropriate County Officials signatures to execute an Engineering Services Agreement between Otter Tail County and Interstate Engineering, Inc. for bridge removal (Bridge No. 5805) over the Pelican River in Pelican Rapids, MN. Chairman Lindquist called for a roll call vote as follows: Sale of Dalton Garage Motion by Johnson and seconded by Rogness to establish the lowest price for the sale of the Dalton Highway Garage to the City of Dalton at $60,000. Chairman Lindquist called for a roll call vote as follows: Sale of Used Snowplow Equipment Motion by Rogness and seconded by Johnson to accept the sale of Snowplow Unit #83 to Norwegian Grove Township for $19, and Snowplow Units #90 and #108 for $24,000 and $20,000 respectively to Battle Lake Motor Patrol Association. Chairman Lindquist called for a roll call vote as follows: Transfer of Liquor License Motion by Froemming and seconded by Johnson to approve the transfer of the Oakwood Supper Club liquor license to Michael Hepola and Derek and Luke Dilly dba Oakwood LLC subject to approval of the County Attorney and County Sheriff. Chairman Lindquist called for a roll call vote as follows: Engagement Letter for Cost Allocation Plans Motion by Rogness and seconded by Johnson to authorize the County Auditor-Treasurer to sign the engagement letter with Government Management Group for the preparation of Otter Tail County s 2015, 2016 and 2017 central services cost allocation plans. Chairman Lindquist called for a roll call vote as follows:

8 Page 8 Engagement Letter Continued: Waiver of 30 Day Notice Requirement Motion by Froemming and seconded by Huebsch to waive the 30 day notice requirement for a Tax Increment Financing project for the City of Battle Lake as submitted to the Auditor-Treasurer. Chairman Lindquist called for a roll call vote as follows: ADOPTION OF PRELIMINARY BUDGET AND LEVY Otter Tail County Resolution No Proposed 2016 Budget and Net Property Tax Levy for Payable Payable 2016 Payable 2015 Percent Gross County Property Tax Levy (Non Debt) - 36,671,456 35,032, % Gross Debt Levy - Veteran's Home Bonds 0 136, % Master Facility Plan Bonds 118, , % Ottertail Operations Center Bonds 527, , % Ethanol Plant Bonds % Government Services Bldg. Bonds 923, , % Total Gross County Property Tax Levy 38,240,918 36,742, % County Program Aid (Certified) 1,897,307 2,022, % Net County Property Tax Levy - 36,343,611 34,719, % Gross/Net Lake Improvement District Levies - Pelican Group of Lakes 130, , % Pine Lakes 26,588 31, % McDonald, Kerbs & Paul 180, , % Big McDonald 12,000 12, % Total Net County Levy Including Lake Improvement Districts - 36,692,199 35,033, %

9 Page 9 Special Taxing District Levy - Otter Tail County HRA 466, , % Proposed Total Net Property Tax Levy 37,158,199 35,491, % RECAP - Gross Tax Levy (Total) 39,055,506 37,513, % County Program Aid 1,897,307 2,022, % Net Tax Levy (Total) 37,158,199 35,491, % WHEREAS, on or before September 30, 2015, Otter Tail County must adopt a Proposed Budget for Fiscal/Calendar Year 2016 and must adopt and certify a proposed net property tax levy for Payable Year 2016, and WHEREAS, the Otter Tail County Auditor-Treasurer's office has accumulated the Departmental and outside agency requests, and WHEREAS, the Otter Tail County Finance Committee has met to discuss and review in general terms levy and budgetary guidelines, as well as the proposed department budgets and various agency requests, and WHEREAS, the Otter Tail County Finance Committee will complete additional review and discussion, as needed and required, of the 2016 proposed tax levy and budget prior to final adoption in December 22, NOW THEREFORE BE IT RESOLVED, by the Otter Tail County Board of Commissioners of Otter Tail County, Minnesota, that The amount of $38,240,918 be adopted as Otter Tail County's Proposed Gross Property Tax Levy for the Payable Year 2016 representing a 4.08% increase from the Gross Property Tax Levy for the Payable Year 2015, and that the amount of $36,343,611 be adopted as Otter Tail County's Proposed Net Property Tax Levy for the Payable Year 2016 representing a 4.68% increase over the Net Property Tax Levy for the Payable Year 2015, and that The amount of $348,588 be adopted by Otter Tail County as the Proposed Lake Improvement District Property Tax Levies for the Payable Year 2016, representing a 11.17% increase from the Lake Improvement District Property Tax Levies as adopted by Otter Tail County for the Payable Year 2015, and that The amount of $466,000 be adopted by Otter Tail County as the Proposed Otter Tail County HRA Special District Property Tax Levy for the Payable Year 2016, representing a 1.78% increase from the Property Tax Levy as adopted by Otter Tail County for the Payable Year BE IT FURTHER RESOLVED, that the amount identified in the Budget Summary Report (tab 3 of Proposed Pay 2016 Budget and Levy) be adopted as Otter Tail County's Proposed Budget for the General Fund, for the Budgeted Special Revenue Funds and for the Budgeted Debt Service Funds for the Fiscal/Calendar Year 2016 (Expenditures/Transfers/Other Uses).

10 Page 10 The motion for the adoption of the foregoing resolution was introduced by Commissioner Huebsch, duly seconded by Commissioner Johnson and, after vote being taken thereon the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming, and Rogness and the following voted against the same: None Adopted at Fergus Falls, Minnesota, this 22 nd day of September 2015 Dated: OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: Larry Krohn, Clerk By:, Chair Budget & Levy Public Hearing Date Motion by Johnson and seconded by Froemming to establish the Budget and Levy Hearing for 6:00 p.m., on Tuesday, December 1, 2015 and to change the start of the regular County Board meeting on December 1, 2015 from 9:30 a.m. to 3:00 p.m. Chairman Lindquist called for a roll call vote as follows: Chairman Lindquist absent at 3:25 p.m. MICA Legislative Forum Otter Tail County is co-hosting a Minnesota Inter-County Association (MICA) legislative forum at Thumper Pond October 16, Commissioners approved payment of expenses for the social hour refreshments out of the Commissioners Contingency Fund. Health Insurance Plans for 2016 Motion by Johnson and seconded by Huebsch to add a 3 rd tier, single plus child(ren), election to Otter Tail County s current health insurance plans effective January 1, 2016 as submitted. Chairman Lindquist called for a roll call vote as follows:

11 Page 11 Adjournment At 3:33 p.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners recessed until 9:30 a.m. on Tuesday, October 6, 2015 at the GSC in Fergus Falls, MN. Dated: Attest: Larry Krohn, Clerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:, Chair CB/kd

12 WARRANTS APPROVED ON 9/22/2015 OTC Board of Commissioners Minutes Exhibit A, Page 1

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