By Robert Williams

Editor

Public Health Director Jody Lien announced changes to the Prairie Lakes Community Health Board (CHB) Joint Powers Agreement (JPA) at the meeting of the Otter Tail County Board of Commissioners on Tuesday, Nov. 18.

Proxy language was found within the agreement that was removed due to legality issues after conferring with Michelle Eldien, the county attorney.

“Statutorily, we’re not allowed to have proxies in a governmental board,” said Lien.

Following a review of the Joint Powers Agreement by the Otter Tail County Attorney, it was determined that the inclusion of proxy voting within the JPA, and related bylaws is not supported under Minnesota statute. Minnesota law does not authorize proxy voting for members of governmental or non-profit boards.

To ensure the JPA fully complies with state statute and maintains consistency with other governing documents, this update removes all references to proxy voting. There are no substantive changes that have been made to the agreement.

The agreement between the two counties will replace the Partnership4Health Community Health Board, which was a four-county board consisting of the health departments of Becker, Clay, Otter Tail and Wilkin Counties.

The JPA will be fully executed on January 1.

The Wilkin County Board is also reviewing the same changes.

CHB areas of responsibility include:

• Assuring an adequate public health infrastructure exists in each of the four counties to provide public health services

• Promoting healthy communities and healthy behaviors

• Preventing the spread of infectious disease

• Protecting against environmental health hazards

• Preparing for and responding to emergencies

• Mobilizing community resources to address gaps in health services

Highway

County Engineer Jodi Teich submitted a resolution releasing excess right-of-way in Section 6, Township 137 North, Range 42 West located at County Highway 82 adjacent to County State Aid Highway 20 near Pelican Lake.

A request was received by the current property owner to release the old right of way to clear up their property title. They own Lots 3, 4 and 5 of the Liberty Beach Plat. The county has no use for this remnant of right of way.

Completed construction of County State Aid Highway Number 20 takes the place of and serves the same purpose as the old portion of the right of way of County Road number 82, a portion of that pre-existing right of way is no longer used or necessary.

Teich recommended vacating the rights of the public in the old portion of the right of way of County Road number 82 no longer used or necessary.

The easement goes through a dwelling and the owner has requested clearing up the title and making it clear that the general public does not have access to Pelican Lake through his house.

The last action taken on this property was in 1923 and currently there is no County Highway 82 in that area.

“This is part of a bigger issue because there is also an easement for a public right of way immediately adjacent to the lake that runs along the southerly edge of several lots, said Teich.”A quiet title action related to that with district court.”

Planning and Zoning

Brian and Angie Fosse requested complete site grading and stormwater management on the roadside of the property away from the lake to accommodate the building expansion of the existing structure. Shoreland alterations in the bluff/bluff impact zone will consist of 287 cubic yards of earthmoving, located in Section 26 of Lida Township, Lida Lake.

Approval was given with the following conditions:

1. Submission of an updated erosion control plan

2. The project start date shall be after April 15, 2026, as weather permits

3. Installation of gutters and implementation of topographical alterations to help prevent water and runoff from flowing toward the lake

4. Verification and further definition of the retention pond area to ensure adequate capture of stormwater runoff

Sheriff

Commissioners approved a $5,000 National Crime Information Center (NCIC) Technology grant to support efforts in the county jail, according to Sheriff Barry Fitzgibbons. The funds will be transferred to the inmate welfare account, which is used for many different things that support inmates like games, equipment, etc.

NCIC provides communications equipment at the jail.

Fitzgibbons cleared the grant prior to board approval with the auditor’s office.

Probation

Probation Director Michael Schommer submitted an extended grant up to $99,173 to cover the costs of a surveillance officer, mileage and alcohol and drug testing supplies. The cooperative agreement was approved to continue working with and delivering services to the treatment court.

The next commissioners meeting will be held Tuesday, Dec. 2, at noon in the Government Services Center in Fergus Falls.