MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners Room 515 W. Fir Avenue, Fergus Falls, MN 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, at the Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chairman; Roger Froemming, Vice-Chairman; John Lindquist, Lee Rogness, and Doug Huebsch present. Approval of Agenda Chairman Johnson called for approval of the agenda. Motion by Rogness, second by Froemming, and unanimously carried to approve the Board of Commissioners agenda of with the following modifications: Treasurer, Steve Andrews - Additional Requests for Forgiveness of Penalty Report Bois de Sioux Watershed District Meeting Discussion Proposed Meeting Date with Legislators Consent Agenda Motion by Froemming, second by Lindquist, and unanimously carried to approve Consent Agenda items as follows: 1. June 10, 2014 Board of Commissioners Meeting Minutes 2. Warrants/Bills for 3. Human Services Bills & Claims 4. Approval of Contract Amendment for Public Health Emergency Preparedness 5. On-Sale and Sunday Liquor for The Cactus On/Off Sale 3.2 Malt Liquor and On-Sale Wine License and Consumption & Display (set-up) Permit for Elmer s Texas Barbeque Off-Sale 3.2 Malt Liquor License for The Corner Store on Otter Tail Lake On/Off Sale 3.2 Malt Liquor License for Vacationland Resort 6. Issuance of Credit Card for Deputy, Crystal Smith 7. Application for Exempt Permit for Holy Cross Church on CH 148 for an Event Scheduled for September 14, 2014 Out-of-State Travel Request Motion by Rogness, second by Froemming, and unanimously carried to authorize out-of-state travel for Shari Fresonke, Assistant Veterans Service Officer, to attend the National Association of County Veterans Service Officers (NACVSO) training in Pierre, SD August 25 through August 29, 2014. The training provides accreditation which entitles a VSO to gain access to federal VA web portals and includes training in federal veterans laws, rules, and regulations. Funding for the training is included in the VSO Department budget. FY 2013 VA Grant Dollars VSO Charlie Kampa submitted a FY2013 Distribution of VA Expenditures handout. He reported that Otter Tail County ranks 12 th in Minnesota for federal VA expenditures at $36,955,000.00. He reviewed various VA programs. A $15,000.00 grant secured to reduce homelessness for veterans was used for advertising, food, gas and grocery cards for the Veterans Stand Down event held April 24, 2014 where over 180 veterans were served. These grant dollars were also used for computer hardware and software systems designed for veterans operations.
Page 2 Bois de Sioux Watershed District Commissioner Rogness attended a recent Bois de Sioux WD meeting which focused on the District s proposed boundaries. A letter was received by Frank Haataja expressing interest in serving on the Bois de Sioux Watershed District Board on behalf of Otter Tail County. Commissioner Lindquist indicated that Mr. Haataja is not eligible to serve on the Board because, even though some of his farm land is in the District, his home is not, which is a requirement by State Statute. Commissioners discussed the need to encourage legislators to change the law so if you own land in a Watershed District, you would be an eligible Board member. Board of Commissioners Meeting Date Change Motion by Huebsch, second by Rogness, and unanimously carried to change the August 5, 2014 Board of Commissioners regular meeting to July 29, 2014, therefore, the August 5, 2014 meeting is canceled and a regular Board meeting is added for July 29, 2014. Jail Food Services Contract Amendment Motion by Rogness, second by Froemming, and unanimously carried to authorize the appropriate County Officials signatures to execute Amendment Number Nine to the A viands, LLC Food Service Management Agreement effective July 1, 2014 through December 31, 2015. Developmental Disabilities Service Report Deb Sjostrom, Interim Human Services Director, presented the 2013 Developmental Disabilities Annual Report. Laurie Sanders and Liz Bakken, DD Social Workers, represented the unit staff. There were twenty-nine additional DD cases accepted in 2013. These clients are generally in need of long term services so the caseload continues to grow. Discussion took place regarding the funding of the various programs. Most of the funding for the DD program comes from federal and/or state dollars with about 1% of the County s tax levy coming from the County budget. Ms. Sjostrom submitted the Minnesota Association of County Social Service Administrators (MACSSA) 2014 Legislative Session Summary of Laws and referred to administrative simplification for the Income Maintenance program that passed this year. A MN Department of Human Services (DHS) handout dated June 19, 2014, ranked Minnesota first on AARP s long-term care scorecard. Recess & Reconvene At 9:22 a.m., Chairman Johnson recessed the meeting of the Otter Tail County Board of Commissioners for a short break. The Board of Commissioners meeting was reconvened at 9:30 a.m. Little McDonald Paul & Kerbs Lake Improvement District Kevin Fellbaum, Ditch Inspector, indicated that this Hearing is a continuation of the Little McDonald Paul & Kerbs Determination Hearing held at 7:00 p.m. May 19, 2014. The Ditch Viewers reported that they met with twenty-five property owners and reviewed over fifty parcels. The total benefit of the LMPK area was reduced from $17,609,725.28 to $17,306,886.71. There was a portion of land that was removed completely as it did not drain into the LMPK area. Discussion continued. Motion by Huebsch, second by Rogness, and unanimously carried to adopt the Amended Ditch Viewers Report as presented for the LMKP Outlet Determination. Mr. Fellbaum submitted a document titled Ditch 25 LMKP Area Outlet Fee Calculations. Discussion took place regarding the calculations to determine the LMKP area outlet fee to enter Ditch 25. Motion by Rogness, second by Lindquist, and unanimously carried to establish the LMKP Area Outlet Fee at $20,752.14 and to direct Mr. Hauser to prepare an Order and Findings authorizing the outlet.
Page 3 Recess & Reconvene At 9:55 a.m., Chairman Johnson recessed the meeting of the Otter Tail County Board of Commissioners for a short break. The Board of Commissioners meeting was reconvened at 10:01 a.m. Historical Society Museum Update Chris Schuelke, Director, provided an annual report about the work of the Historical Society. The Historical Society has been in existence since 1927 and their mission is to collect, preserve and interpret the history of Otter Tail County. Mr. Schuelke explained how the museum currently accomplishes this mission to preserve history for future generations. He stressed the importance of their education and outreach programs. Several handouts were provided advertising the museum s summer educational events. Commissioners thanked Mr. Schuelke for the update and encouraged continued education and visibility throughout the County. Commissioner Huebsch suggested research and preservation of how prior businesses in Otter Tail County were interrelated and the evolution of the business climate. Forgiveness of Tax Penalty Requests Steve Andrews, Treasurer, briefed the Board on three requests for forgiveness of tax penalty. Motion by Huebsch, second by Rogness, and unanimously carried to deny the request of Jeffrey Underberg for forgiveness of penalty of $10.88 and a fee of $30.00 for NSF check because the reason for late payment is not acceptable under the County policy/guidelines. This request was for parcel #R27000010006002. Motion by Froemming, second by Rogness, and unanimously carried to deny the request of Terry Weckerly for forgiveness of tax penalty, in the amount of $64.04, because the address change was received by the Post Office which must be initiated by the customer. This request was for parcel #s R55000990677000 and R55000220158003. Motion by Rogness, second by Lindquist, and unanimously carried to approve the request of Richard & Susan Roesler for forgiveness of tax penalty, in the amount of $61.04, for parcel #s R37000991103000 and R37000991102000. The escrow company requested the tax due on the wrong parcel of land because of a County error. Courthouse Remodeling Change Order Motion by Rogness, second by Lindquist, and unanimously carried to approve Otter Tail County Courthouse Remodeling Phase 1 Change Order No. 13, in the amount of $16,343.25 for additional work on the outside of the building which was completed while the scaffolding and workers were on-site rather than re-assembling at a later date. Septic Systems Inspection Request Bill Kalar, Land & Resource Director, submitted a letter from the Eagle Lake Lakeshore Association requesting septic system inspections around the lake. Motion by Rogness, second by Huebsch, and unanimously carried to direct Mr. Kalar to respond to the letter and indicate that Otter Tail County will accommodate their request the summer of 2015. Planning Commission Recommendations Preliminary Plat Wilderness Shores Secluded Land Company LLC: Motion by Rogness, second by Froemming, and unanimously carried to approve the Preliminary Plat titled Wilderness Shores consisting of 6 residential lake lots as presented. The proposal is located in GL 3, Section 24 of Otter Tail Township (11.4 acres); Long Lake (56-201), RD.
Page 4 Preliminary Plat & Conditional Use Permit Breezy Shores Secluded Land Company, LLC: Motion by Huebsch, second by Rogness, and unanimously carried to approve the Preliminary Plat titled Breezy Shores consisting of 12 single family residential lots and a Conditional Use Permit to construct a road to service the plat with a condition that allows posting a road bond at 125% of the contractors bid. This will allow the recording of the Final Plat before completion and inspection of the road. This condition is provided due to poor weather conditions which have resulted in some difficulties for contractors. The project is located in GL s 4 & 5 known as parcels A, B, C and.1 AC of parcel D, Section 2 of Otter Tail Township (15.6 acres); Buchanan Lake (56-209), GD. Interim Use Permit Michael D. & Gail L. Hagen: Motion by Huebsch, second by Lindquist, and unanimously carried to approve an Interim Use Permit while building a new cabin as presented. The proposal is located on the W 200 of E 400 of GL 3 (4.86 AC), Section 36 of Dora Township; Star Lake (56-385), GD. Final Plat Haggart s Second Addition Motion by Froemming, second by Rogness, and unanimously carried to approve the Final Plat of Carmon P. & Carole A. Lynnes titled Haggart s Second Addition, a replat of Lot 1 Block 1 of Haggart s Addition in Section 4 of Dunn Township; Pelican Lake (56-786). The plat consists of 3 back lots that will be attached to lake lots. Aquatic Invasive Species (AIS) Task Force Update Mr. Kalar submitted several documents and updated the Board regarding the AIS Task Force Prevention strategies. State AIS Prevention Aid was discussed. Otter Tail County will receive $220,018.00 in 2014. The Task Force and County authorities will continue to meet and determine the most effective use for these dollars. Recess & Reconvene At 11:30 a.m., Chairman Johnson recessed the meeting of the Otter Tail County Board of Commissioners for a committee meeting and lunch break. The Board of Commissioners reconvened as the Board of Appeal and Equalization at 12:00 p.m. for the conclusion of the June 16, 2014 Appeal meeting. The minutes of the Board of Appeal and Equalization are available in the County Auditor s office and the County website. The Board of Appeal and Equalization was adjourned at 12:12 p.m. and Chairman Johnson reconvened the Board of Commissioners at 12:30 p.m. LEAN Team Supplies & Training Motion by Huebsch, second by Froemming, and unanimously carried to authorize expenses for LEAN Team supplies and training to be paid out of the Commissioners Discretionary Budget. Training expenses were estimated at $200 per LEAN Team member. HRA Reappointment Motion by Rogness, second by Lindquist, and unanimously carried to reappoint Robert Bigwood to the Otter Tail County Housing and Redevelopment Authority (HRA) Board for the term of August 1, 2014 to August 1, 2019. Chairman Johnson suggested that the HRA meet with the County Board for an update of their programs. Credit Card Approval Motion by Froemming, second by Lindquist, and unanimously carried to approve the issuance of a County Credit Card with a 30-day limit of $1,000.00 to Michael Frederick Lange, Deputy Sheriff.
Page 5 Agreement for Election Recount Services Motion by Rogness, second by Huebsch, and unanimously carried to authorize the Chair and County Auditor to sign a Joint Powers Agreement between the State of Minnesota Office of Secretary of State and the County of Otter Tail for the purpose of providing election recount services for the automatic recount of votes under M.S. Section 204C.35 Subd. 1 for the 2014 Primary Election and 2014 General Election. Otter Tail Water Management District Reappointments Motion by Lindquist, second by Froemming, and unanimously carried to reappoint Dennis Jones, Ray Mounts, and Harold Wheeler to the OTWMD effective July 1, 2014 for an additional four-year term. The District advertised for the positions as required by statute. Liquor License Applications Motion by Froemming, second by Lindquist, and unanimously carried to approve the Liquor License Applications of the Galaxy Resort and the Firehouse Bar and Grille, Inc. subject to required insurance and approvals of the Sheriff and County Attorney. Motion by Huebsch, second by Froemming, and unanimously carried to pre-approve the Liquor License Applications of the following entities subject to required insurance and approvals of the Sheriff and County Attorney: Amor Rumors, Big Pine Lodge, and Battle View Landing Absentee Ballot Board Appointments Motion by Rogness, second by Lindquist, and unanimously carried to appoint the following individuals to the Absentee Ballot Board for the processing of absentee ballots issued and received under the provisions of M.S. 203B.04 through 203B.15 and M.S. 203B.16 through 203B.27 for the State Primary and State General Election and to establish compensation for these services at $10.00 per hour with travel reimbursement at $0.56 per mile: Lynn Brand Dawn Godel Pat Jampsa JoAnn Larson Pat Larum Janice (Jan) Nelson Valerie Nelson Cora Sue Nycklemoe Kirsten Olson Richard Portmann Virginia Portmann Karen Prischman Connie Tanner Highway Contracts Motion by Froemming, second by Rogness, and unanimously carried to authorize the appropriate County Officials signatures to execute the following Highway Construction Contracts: Traffic Marking Service, Inc. for lane and edge marking services; S.P. 056-070-008 & 09, MN HSIP No. 5614(091) Landwehr Construction, Inc. for CSAH 60 erosion control project, CSAH 60 Toad River Erosion Control Northeast of Perham in Corliss Twp. Highway Project Engineering Services Contract Motion by Huebsch, second by Lindquist, and unanimously carried to authorize the appropriate County Officials signatures to execute a Professional Services Agreement between the County of Otter Tail and Apex Engineering Group, Inc. for S.A.P. 056-608-026, 0.32 miles of CSAH 8, and reconstruct of portions of Fox Street and Fourth Street in Perham.
Page 6 REGULAR TO MUNICIPAL ADVANCE RESOLUTION Otter Tail County Resolution No. 2014-37 Upon a motion by Johnson, seconded by Huebsch and unanimously carried, the following resolution was adopted: WHEREAS, the County of Otter Tail has obtained the Commissioner s approval of the plans for the following County State-Aid Project(s): Project # S.A.P. 056-624-016 AND, WHEREAS, said County is prepared to proceed with the construction of said project(s) by providing county regular funds to supplement the available funds in the County Municipal Account, and WHEREAS, repayment of the funds so advanced by the County is desired in accordance with the provisions of Minnesota Statutes 162.08, Subd. 5 & 7 and Minnesota Rules 8820.1500, Subp. 9. NOW, THEREFORE, BE IT RESOLVED: That the Commissioner of Transportation be and is hereby requested to approve this basis for financing said construction project(s) and to authorize repayments from subsequent accruals to said Account, in the amounts as herein indicated. Transfer the Yearly Municipal Construction Allotment, beginning in 2015, to the Regular Construction Allotment until the borrowed funds are repaid in full to the Regular Construction Allotment Account. Adopted at Fergus Falls, Minnesota, this 24 th day of June, 2014 Dated: Attest: Larry Krohn, Clerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: Wayne Johnson, Board of Commissioners Chair Application for Cleaning County Road Ditch Motion by Froemming, second by Lindquist, and unanimously carried to approve the Application of Craig Corlis to clean a portion of ditch on CH No. 16 in Henning Township and relocate an existing tile as presented and recommended by the Highway Department. Correspondence to Governor and Legislators Motion by Rogness, second by Huebsch, and unanimously carried to authorize Commissioner Huebsch to send a letter to the Governor and Legislators requesting them to tour the flooded areas in the Perham area to ensure that the area is included in the State s disaster evaluation. High Water and County Ditch Issues Kevin Fellbaum, Ditch Inspector, submitted a listing (dated 6/20/2014) of County Ditches and briefed the Board regarding the individual issues with each ditch. Lengthy discussion took place resulting in the following actions: Motion by Rogness, second by Lindquist, and unanimously carried to approve the Ditch Inspector s recommendation to hire Christensen Construction to replace the outlet structure on Sewell Lake in Ditch #70
Page 7 Motion by Lindquist, second by Rogness, and unanimously carried to authorize John Moe to clean his portion of Ditch #21, at his expense. This is an open ditch and this motion does not approve installing tile as requested. Motion by Lindquist, second by Froemming, and unanimously carried to authorize Dwight Hintermeister to install a culvert to cross County Ditch #43 to get to a portion of his property. The Ditch Inspector will set the pipe size and elevations and Mr. Hintermeister is responsible to pay for the pipe and installation expenses. The Ditch Inspector reported that there is currently a turtle in the Indian Lake Outlet and there is a question about whether or not the culvert under 248 th Avenue is allowing water to flow. Motion by Rogness, second by Lindquist, and unanimously carried to authorize the Ditch Inspector to take appropriate action to ensure that County Ditch #43 continues to flow properly. Motion by Lindquist, second by Huebsch, and unanimously carried to authorize the Ditch Inspector to remove a blockage from the tile structure on East Dane Prairie Road in Ditch #37 that was replaced last year to alleviate high water on Ron Gunderson s property. Motion by Huebsch, second by Rogness, and unanimously carried to authorize the Ditch Inspector to clean portion(s) of Ditch #41/65 as necessary. By consensus, Commissioners authorized the Ditch Inspector to meet with Lance Peterson regarding a culvert installed by a neighbor that is acting as a dam near his property in Ditch #21 and to authorize the Ditch Inspector to take appropriate action. East Battle Lake Watershed Association Meeting Motion by Huebsch, second by Rogness, and unanimously carried to authorize Commissioner Froemming to attend the East Battle Lake Watershed Association meeting scheduled for 8 a.m. on June 26, 2014 at the Henning Community Center. Adjournment At 1:22 p.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners adjourned. The next County Board meeting is scheduled at 8:30 a.m. on Tuesday, July 8, 2014. Dated: Attest: Larry Krohn, Clerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: Wayne Johnson, Board of Commissioners Chair CB/kd
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