Minutes 05/08/2012 - Otter Tail County

MINUTES OF THEOTTER TAIL COUNTY BOARD OF COMMISSIONERSGovernment Services Center, Commissioners’ Room515 W. Fir Avenue, Fergus Falls, MNMay 8, 20129:30 a.m.Call to OrderThe Otter Tail County Board of Commissioners convened Tuesday, May 8, 2012 at 9:30 a.m., at the OtterTail County Government Services Center in Fergus Falls, MN, with Commissioners Lee Rogness, Chair;Doug Huebsch, Vice-Chair; Wayne Johnson, John Lindquist, and Roger Froemming present.Approval of AgendaChairman Rogness called for approval of the May 8, 2012 agenda. Motion by Lindquist, second byFroemming, and unanimously carried to approve the Board of Commissioners agenda of May 8, 2012 withthe following additions:General Discussion – Resolution for Lake Street Public Hearing,Rest Stop on Highway 88, & Approval of HHW Contracts with CitiesApproval of MinutesMotion by Johnson, second by Froemming, and unanimously carried to approve the Board ofCommissioners meeting minutes of May 1, 2012 with the following addition:On Page 8 under the Heading “800 MHz Communication System Planning” add:The County Board encourages more OTC participation in the 800 MHz Regional Users Group.Approval to Pay BillsMotion by Huebsch, second by Johnson, and unanimously carried to approve payment of the CountyBoard bills per Attachment A of these minutes.Otter Tail/Wadena Community Action CouncilDavis Lino-Mills, OTWCAC Executive Director, briefed the Board regarding the timeline when programswill transfer to Mahube-Otwa. He reported that the Headstart Program will require a bidding process.OTWCAC will run the program until the new grantee is selected. He discussed the transition processregarding employees and closing out the remaining assets of the agency. Motion by Froemming, secondby Johnson, and unanimously carried to authorize Sydney Nelson and Wilson Saenger to continue torepresent Otter Tail County on the OTWCAC Board until final shut down of the agency as requested byMr. Lino-Mills.Worksite Wellness InitiativeJanet Lindberg, Wellness Coordinator, reported that Otter Tail County is embarking on a worksite wellnessinitiative through the Partnership 4 Health along with many other businesses in our community. Blue CrossBlue Shield has been hired to lead the initiative. She spoke about goals of the initiative and the three mainfactors to improve health; 1) improving physical activity, 2) reduction of tobacco, and 3) weightmanagement. The County Wellness Team will educate employees regarding the smoke free policy onCounty grounds taking effect January 1, 2013. Smoking cessation programs will be offered. Otherinitiatives included bike racks, availability of fruits and vegetables, walking meetings and leadershipinvolvement in wellness goals and activities.

OTC Board of Commissioners’ MinutesMay 8, 2012Page 4Correspondence AcknowledgedCommissioner Johnson referred to a letter received from an AIS Task Force member. Commissionersconfirmed their support and appreciation for all of the volunteers and indicated that the decision not to hireadditional inspectors by partnering with specific lake associations was a decision made because lakeassociations can hire inspectors on their own. If the County uses some of a lake’s funding, the Countywould not be able to guarantee that inspector’s time would be for that specific lake. AIS prevention isneeded countywide. All Commissioners recognized the positive education and potential AIS preventionthat has resulted from the AIS Task Force recommendations.License Application ApprovalMotion by Froemming, second by Johnson, and unanimously carried to approve the following applicationfor license:Big Chief, Inc.Off-Sale 3.2 Malt Liquor22518 Big Chief RoadFergus Falls, MN 56537(Approval is subject to the review of the County Attorney and County Sheriff Departments)Economic Assistance Program UpdateJohn Dinsmore, Community Services Director, submitted a document entitled “Otter Tail County HumanServices Income Maintenance Program Overview 2012”. He discussed current staffing, 3 year trends, andFood Support program trends. Mr. Dinsmore discussed changes in the Food Support program and theincreased caseload since January of 2009. The report included an explanation of MN Health CareSupplemental Nutrition Assistance, and Minnesota Family Investment programs.Approval to Pay Bills & ClaimsMotion by Huebsch, second by Lindquist, and unanimously carried to approve payment of the HumanServices bills and claims as presented.RESOLUTIONJOINT POWERS AGREEMENT FOR THEADMINISTRATIOIN OF FEDERAL HSIP SAFETY GRANTSTATE PROJECT NO. 088-070-033Otter Tail County Resolution No. 2012 - 31IT IS RESOLVED that the County of Otter Tail enter into a Joint Powers agreement with the Six Mn/DOTDistrict 4 counties of Becker, Clay, Douglas, Grant, Mahnomen, and Otter Tail, for the following purpose:Define the rights and obligations of each county for the delivery of S.P. 088-070-033, a district wide federalhighway safety project that will provide safety improvements in the form of rural intersection lighting onselected eligible highway routes.BE IT FURTHER RESOLVED that the proper County officers be and hereby are authorized to executesuch agreement and any amendments, and thereby assume for and on behalf of the County all of theobligations contained therein.Upon the motion of Johnson, seconded by Froemming, and unanimously carried, the Otter Tail CountyBoard of Commissioners adopts the foregoing resolution.

OTC Board of Commissioners’ MinutesMay 8, 2012Page 5Adopted this 8 th day of May 2012ATTEST:Leland R. RognessOtter Tail County Board of Commissioners Chair________________________________Larry Krohn, ClerkREGULAR TO MUNICIPAL ADVANCE RESOLUTIONOtter Tail County Resolution No. 2012 - 32Upon a motion by Johnson, seconded by Froemming, and unanimously carried, the following resolution wasadopted:WHEREAS, the County of Otter Tail has obtained the Commissioner’s approval of the plans for thefollowing County State-Aid Project(s):Project # S.A.P. 056-636-005 Project # S.P. 056-070-004Project # S.A.P. 056-683-011 Project # S.A.P. 056-650-008AND, WHEREAS, said County is prepared to proceed with the construction of said project(s) by providingcounty regular funds to supplement the available funds in the County Municipal Account, andWHEREAS, repayment of the funds so advanced by the County is desired in accordance with theprovisions 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 herebyrequested to approve this basis for financing said construction project(s) and to authorize repayments fromsubsequent accruals to said Account, in the amounts as herein indicated.Transfer the Yearly Municipal Construction Allotment, beginning in 2013, to the Regular ConstructionAllotment until the borrowed funds are repaid in full to the Regular Construction Allotment Account.Adopted at Fergus Falls, Minnesota, this 8 th day of May, 2012OTTER TAIL COUNTY BOARD OF COMMISSIONERSATTEST:Leland R. RognessOtter Tail County Board of Commissioners Chair________________________________Larry Krohn, Clerk

OTC Board of Commissioners’ MinutesMay 8, 2012Page 6COUNTY STATE AID HIGHWAY NO. 34 RIGHT OF WAY ACQUISITIONProject No. S.A.P. 056-634-010Parcel No. 6OTTER TAIL COUNTY RESOLUTION NO. 2012 - 33Upon a motion by Huebsch, seconded by Lindquist, and unanimously carried, the Otter Tail County Boardof Commissioners adopts the following resolution:WHEREAS, Otter Tail County proposes to reconstruct and improve County State Aid Highway No. 34,located from TH No. 10, East 0.74 miles to CSAH No. 80, located in Sections 9, 10, 15 and 16 of T136N-R39W; andWHEREAS, the reason for the construction of this segment of County State Aid Highway No. 34 is due tothe existing highway's poor condition and the construction of the TH No. 10 and CSAH No. 34 interchange;andWHEREAS, this improvement is necessary to provide for the safety of the traveling public and pedestrians;andWHEREAS, Otter Tail County has a right to acquire the right of way after an award of damages has beenfiled with the County Auditor in accordance with Minnesota Statute, Section 163.02 and 163.12; andWHEREAS, all necessary additional highway right of way has been acquired for the reconstruction excepta tract owned by Thomas J. Haggenmiller and Pamela J. Haggenmiller of Perham, MN.Said tract being a strip of land described as follows:That part of Block B of ROTHPLETZ’S ADDITION TO THE VILLAGE OF PERHAM, shown asPARCEL 6 on the OTTER TAIL COUNTY RIGHT OF WAY PLAT NO. 24, County State AidHighway No. 34, as the same is on file and of record in the Office of the County Recorder in andfor Otter Tail County.Excepting therefrom right of way of existing highways.Containing 3,010 square feet, more or less.Due to the reconstruction and realignment of County State Aid Highway No. 34 under ProjectNo. S.A.P. 056-634-010, said strip being all that described above, to be retained for CSAH No.34 right-of-way recorded as Parcel No. 6 on Page 1 of 1 of CSAH No. 34 R/W Plat No. 24.Also a Temporary Construction Easement which will cease on or before December 31, 2013, asdescribed below:That part of Block B of ROTHPLETZ’S ADDITION TO THE VILLAGE OF PERHAM, according tothe recorded plat thereof, shown as C.E. PARCEL 6 on the plan view of the Plan and Profilesheets of the Construction Plan for S.A.P. 056-634-010. The outer limits of said C.E.PARCEL 6 are established at 5 feet offset from and at right angles to the cut and fill limit lines.Containing 1,869 square feet, more or less.

OTC Board of Commissioners’ MinutesMay 8, 2012Page 7NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners herebyauthorizes the acquisition of the requested right-of-way as described above pursuant to Minnesota Statute,Section 163.02 and 163.12, and to take title and possession of that land after an award of damages hasbeen filed with the County Auditor in accordance with Minnesota Statute, Section 163.12; including the“Quick-Take” provisions provided for in Minnesota Statute 117.042.BE IT FURTHER RESOLVED that the Otter Tail County Attorney is authorized to file the necessarydocuments in court, and represent the County in this matter.Adopted at Fergus Falls, Minnesota this 8 th day of May, 2012OTTER TAIL COUNTY BOARD OF COMMISSIONERSAttest:Larry Krohn, County Board ClerkBy:Leland R. Rogness, County Board ChairDitch #42Rick West, Public Works Director, reported on an area in Ditch #42 between Sections 26 & 27 in ElizabethTownship that has failed and needs repair. A Public Informational meeting will be scheduled to discuss thesituation further with affected property owners.Contractor Approval ListMotion by Johnson, second by Lindquist, and unanimously carried to approve the following highwaycontractor list as recommended by the Public Works Director:2012 Aggregate Supplier & Loader Aggregate Supplier OnlyAggregate Industries, Moorhead, MNEarl Strande Excavating, Fergus Falls, MNBarry Construction, Inc., Fergus Falls, MNPerham Sand & Gravel, Perham, MNChristensen Construction, Battle Lake, MNStadum Plumbing & Gravel LLP, Erhard, MNEgge Construction, Inc., Pelican Rapids, MNWadena Asphalt, Inc. Wadena, MNLeitch Excavation, Fergus Falls, MNMark & Brenda Construction, Fergus Falls, MNMenahga Concrete Products, Inc., Menahga, MNOlson Gravel, Inc., Trail, MNOttertail Aggregate, Inc., Ottertail, MNDitch #5 MaintenanceMotion by Huebsch, second by Johnson, and unanimously carried to authorize maintenance work (removalof beaver dams and deadfall) in Ditch #5 located in Inman Township as requested by the Public WorksDirector.PETITION FOR AN IMPASSABLE ROADOTTER TAIL COUNTY RESOLUTION #2012 - 34WHEREAS, the Otter Tail County Board of Commissioners has received a petition complaining about theimpassable condition of a road dedicated as “Lake Street” in the Otter Tail County plat of Midway Park, inOtter Tail Township; andWHEREAS, the road is located between State Hwy 78, near mile marker 31, and the shore of Otter TailLake; and

OTC Board of Commissioners’ MinutesMay 8, 2012Page 8WHEREAS, the petitioners contend the road serves as an important public access to Otter Tail Lake; andWHEREAS, it is located adjacent to the south of property located at 28201 North Midway Park Drive,Battle Lake, Minnesota 56515; andWHEREAS, the petitioner’s request the Otter Tail County Board of Commissioners take such action asmay be required from time to time, including direction to the Otter Tail Township Board, to ensure that“Lake Street” is:1. Identified as a public road access and that its boundaries are identified for easy publicobservation.2. Protected from encroachment and obstruction.3. Maintained in a passable condition.WHEREAS, having received the written complaint pursuant to Minn. Stat. §163.16, the Board shalldesignate a time and place to consider the complaint and hear and consider such testimony as may beoffered by the officers of Otter Tail Township, the complainants and the complainant’s relative to the matterset forth in the petition.NOW, THEREFORE, IT IS HEREBY RESOLVED that the Otter Tail County Board of Commissionersconvene at the Otter Tail County Sheriff’s Operation Center in Ottertail, Minnesota on the eleventh day ofJune, 2012 at 7:00 o’clock p.m. for a public hearing on the complaint as to the condition of “Lake Street” inthe plat of Midway Park; andUpon the motion of Froemming, seconded by Lindquist, the Otter Tail County Board of Commissionerspasses the foregoing resolution by the following vote:Board of County Commissioners YEA NAY ABSENT ABSTAINWayne D. JohnsonXRoger FroemmingXJohn LindquistXDouglas A. HuebschXLeland R. RognessXOTTER TAIL COUNTY BOARD OF COMMISSIONERSAttest:Larry Krohn, County Board ClerkBy:Leland R. Rogness, County Board Chair2012 Household Hazardous Waste Mobile CollectionsMotion by Froemming, second by Huebsch, and unanimously carried to approve the following 2012Household Hazardous Waste mobile collections: (all collections are from 10 a.m. to 2 p.m.)LocationDateHenning, County Hwy Garage Tuesday, May 22, 2012Rothsay, City Shop Friday, May 25, 2012Ottertail City Fire Hall Friday, June 1, 2012Battle Lake, County Hwy Garage Tuesday, June 5, 2012Vergas Fire Hall Friday, July 13, 2012Perham City Garage Wednesday, July 25, 2012Dalton Fire Hall Friday, August 10, 2012Pelican Rapids Public Works Facility Wednesday, August 15, 2012Bluffton Community Center Tuesday, August 28, 2012New York Mills City Maintenance Building Friday, September 14, 2012

OTC Board of Commissioners’ MinutesMay 8, 2012Page 9AdjournmentAt 12:08 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissionersadjourned until 9:30 a.m. on Tuesday, May 15, 2012.Dated:Attest: _______________________Larry Krohn, ClerkOTTER TAIL COUNTY BOARD OF COMMISSIONERSBy: __________________________________________Leland R. Rogness, Board of Commissioners ChairCB/kd

WARRANTS APPROVED ON 05/08/2012OTC Board of Commissioners’ MinutesMay 8, 2012Attachment A, Page 1