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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/06/2010MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 W. Fir Avenue, Fergus Falls, MN Tuesday, April 6, 2010 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, April 6, 2010, at 9:37 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners, Roger Froemming, Chair; John Lindquist, Vice-Chair; Everett Erickson, Doug Huebsch and Lee Rogness present. Approval of Agenda Motion by Erickson, second by Rogness, and unanimously carried to approve the Board of Commissioners agenda of April 6, 2010 with the following additions: Request for Approval of Final Plat Prairie Snowdrifters Grant In Aid Resolution Approval of Minutes Motion by Lindquist, second by Rogness, and unanimously carried to approve the Board of Commissioners meeting minutes of March 23, 2010 as presented. Approval to Pay Bills Motion by Erickson, second by Huebsch, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Committee of the Whole Discussion Commissioner Huebsch reported on progress of the PLMSWA Joint Powers Board meetings regarding the Perham Resource Recovery Facility. The project will be receiving about 8 million dollars. Design, engineering, and meeting MPCA requirements will be the first step. Sheriff's Department Agreements Motion by Lindquist, second by Erickson, and unanimously carried to authorize the Chairman's signature to execute an agreement between the Minnesota Department of Public Safety and the County of Otter Tail to provide eCharging submission capability from the County's Record Management System to the State Bureau of Criminal Apprehension. Motion by Huebsch, second by Rogness, and unanimously carried to authorize the Chairman's signature to execute an annual Grant Agreement between the Minnesota Department of Natural Resources and the County of Otter Tail for grant funds, not to exceed $45,863.00, for boat and water safety. Pawnbroker Ordinance Sergeant, Al Frank, requested approval of the Otter Tail County Pawnbroker Ordinance. Discussion took place regarding requirements of the ordinance and fees. Motion by Erickson, second by Lindquist, and unanimously carried to approve the Otter Tail County Pawnbroker Ordinance as submitted subject to an amendment in Section IV. Violations to replace the word "chapter" with the word "ordinance" and to set the application fee at zero with the opportunity to review fees on an annual basis. (The Otter Tail County Pawnbroker Ordinance is attached to these minutes and identified as Attachment B.) OTC Board of Commissioners' Minutes April 6, 2010 Page 2 Statewide 800 Megahertz Communication System Lieutenant, Mark Englund, briefed the Board on the ARMER Radio System educational meeting held April 1, 2010. There was good attendance and the educational portion of the meeting was well received by the participants. County Coordinator, Larry Krohn, reported that the cost for Otter Tail County for the communication system has dropped from about 5.5 million dollars to 3.8 million dollars. He reported that after grant dollars are received, the County's share is about 1.4 million dollars, which has been budgeted. Mr. Krohn reported that because of the way the system communicates, it needs to be consistently implemented and maintained on a county-wide basis. Money has not been set aside for the equipment for cities or local fire departments. Further planning will be needed to determine the best way to purchase equipment and maintain the system in the future. Highway Department Staffing Motion by Rogness, second by Huebsch, and unanimously carried to promote Wade Bugbee from Engineering Technician I to Engineering Technician II, effective March 16, 2010. 2010 Seasonal Supplies Bid Awards After previously advertising for bids, the Highway Department opened bids for seasonal supplies March 24, 2010. Motion by Huebsch, second by Rogness, and unanimously carried to award the following purchases of seasonal supplies as recommended by the Highway Engineer: Seasonal Supply Bituminous Material Hot Mix Bituminous (East) Hot Mix Bituminous (West) Hot Mix Bituminous (North) Signing Materials Winter Sand Vendor Flint Hills Resources, LP Fargo, ND Central Specialties, Inc. Alexandria, MN Wadena Asphalt, Inc. Wadena, MN Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Co. Fergus Falls, MN Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Co. Fergus Falls, MN M-R Sign Co. Fergus Falls, MN Mark Sand & Gravel Co. Fergus Falls, MN Alexandria Concrete Co. Alexandria, MN Bid Amount 2.664/gal $214,400.00 $209,480.00 $160,800.00 $164,550.00 $160,800.00 $164,550.00 $71,449.04 $7.35/ton $5.63/ton Culverts Herbicides OTC Board of Commissioners' Minutes April 6, 2010 Page 3 Johnston Fargo Culvert, Inc. St. Paul, MN State Bid-Contract #442842 03/01/2010 -02/29/2012 Contech Construction Products State Bid-Contract #442843 Alexandria, MN 03/01/2010-02/29/2012 Crop Production Services, Inc. Kasota, MN Final Payment-S.A.P. 056-622-007 State Bid-Contract #437 438 04/16/07-02/28/2011 Motion by Lindquist, second by Erickson, and unanimously carried to approve Final Payment pursuant to Final Estimate No. 4, in the amount of $61,692.95, payable to Central Specialties, Inc. for completion of work on CSAH No. 22 starting at CSAH 3 east to CSAH 35. Geotechnical Survey Motion by Rogness, second by Huebsch, and unanimously carried to approve an agreement between Braun lntertec and the County of Otter Tail for soil borings and geotechnical evaluation of CSAH No. 1 located between the south end of Summit Avenue and north end of Fir Avenue in Fergus Falls. The contract amount is $3,710.00. CSAH No, 88 High Water Discussion Rick West, Highway Engineer, reported that water from the wetland north of Fergus Falls is on the shoulder of CSAH No. 88. The wetland was pumped previously to the north which then flowed into the Pelican River. Mr. West stated that the City of Fergus Falls did a preliminary engineering study regarding a permanent solution for the high water. The recommendation is to move the water from the wetland area east to Park Street on the northeast corner of the Veterans Home property into a storm sewer, then, flowing into Opperman Lake. Mr. West reported this option as the most economical option and requested approval to proceed with the project. Motion by Rogness, second by Lindquist, and unanimously carried to authorize the Highway Engineer to proceed with an Engineering Services Agreement between the County of Otter Tail and Interstate Engineering to further study the project. The motion also requested that the Highway Engineer enter into discussions with the City of Fergus Falls regarding cost share on the project. Recess & Reconvene At 10:33 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:37 a.m. Proposed Watershed Discussion WOTSWCD Manager, Brad Mergens, spoke about the Wilkin County proposed watershed district which includes a portion of Otter Tail County. He reported that discussions have taken place on alternative ways to achieve some of Wilkin County's goals. A group of Otter Tail County property owners submitted a proposal to form a watershed improvement area. A draft Notice of Intent to Establish a Special Taxing District for Local Water Management Plans and a draft resolution were presented. Mr. Mergens, speaking on behalf of the group, stated that, instead of being part of a watershed district, a watershed improvement area could be formed and address water resource issues in Otter Tail County which are different than the proposed area in Wilkin County. Otter Tail County's issues are more natural resource, erosion, and water quality oriented. Minnesota Statute gives the Board authority to establish a taxing district similar to a Lake Improvement District. This improvement area would be administered by the SWCD office. Mr. Mergens stated that implementation of conservation practices could be enhanced through the current programs of the SWCD and projects would be approved through the SWCD Board of Directors. OTC Board of Commissioners' Minutes April 6, 2010 Page 4 Lengthy discussion took place regarding the following: 1) informing Wilkin County that Otter Tail County is opposed to being part of their proposed watershed district, 2) Judicial Ditch #2 changes the geographical flow of water and reduces water flow into Wilkin County, 3) the fact that the Otter Tail County Board does not decide if the county is in the watershed district -that decision is made by the State Board of Soil and Water Resources (BWSR) if a petition is received from Wilkin County, 4) the possibility of a watershed district in addition to a watershed improvement area, 5) how the watershed improvement area is taxed, and 6) problems with adding additional levels of government. Motion by Rogness, second by Huebsch, and unanimously carried to schedule a Public Hearing for Intent to Establish a Special Taxing District at 7:00 p.m. on April 27, 2010 in the County Board room at the Government Services Center in Fergus Falls. Motion by Huebsch, second by Lindquist, and unanimously carried to summarize Otter Tail County's opposition to the proposed watershed district in a letter to Wilkin County. The Board directed the County Attorney to draft a letter and return to the Board for approval next week. Payment Approval Motion by Rogness, second by Erickson, and unanimously carried to approve payment, in the amount of $12,500.25, to Lindquist & Venn um PLLP for services provided in February 2010 for the Chapter 11 Bankruptcy of Otter Tail Ag Enterprises, LLC. Audit Engagement Letter Motion by Froemming, second by Erickson, and unanimously carried to authorize the Chair of Board of County Commissioners, the County Coordinator, and County Auditor to sign the audit engagement letter for the year ended December 31, 2009. License Applications Motion by Lindquist, second by Rogness, and unanimously carried to approve the following applications for license: Dwayne and Lori Codner Peak Supper Club 43517 County Highway 38 Clitherall, MN 56524 Renewal of Consumption & Display Permit Randy Norgren Tobacco and On/Off-Sale 3.2 Malt Liquor Northtown 2594 7 County Highway 88 Fergus Falls, MN 56537 Licenses are subject to approval of County Attorney and County Sheriff offices. Application for Exempt Permit Motion by Erickson, second by Froemming, and unanimously carried to approve, with no waiting period, the LG220 Application for Exempt Permit, as submitted by Vergas Lions Club for an event scheduled for Saturday, July 24, 2010 at Spanky's Stone Hearth located at 34785 County Highway 4. Tax Forfeited Parcel Motion by Erickson, second by Huebsch, and unanimously carried to authorize the Board Chair and County Coordinator's signatures on the Quit Claim Deed and Affidavit of Landowner for the conveyance of the following described tax forfeited parcel, subject to review by the County Attorney: 53-000-99-0350-000; Klinger's Riverside -Lot 7 DNR Application for acquisition was approved June 24, 2008. 2010 Budget Adjustments OTC Board of Commissioners' Minutes April 6, 2010 Page 5 Motion by Huebsch, second by Lindquist, and unanimously carried to approve the following 2010 budget adjustments, which have been reviewed by the Budget Committee: Account No. 01-092-6241 -from $0.00 to $4,000.00 Account No. 01-092-6282 -from $0.00 to $3,500.00 Account No. 01-149-6369 -from $18,953 to $21,496.00 Block Grant Agreement Motion by Erickson, second by Lindquist, and unanimously carried to authorize the Chairman's signature to execute the FY2010 Natural Resources Block Grant Agreement between the State Board of Water and Soil Resources and the County of Otter Tail. The grant amount for sanitation treatment systems program is $9,931.00. Approval of Final Plat Motion by Huebsch, second by Lindquist, and unanimously carried to approve the Final Plat of Lake Development Partners entitled "Oakwood Glen" located in Section 1 of Edna Township; Devils Lake (56-245). Prairie Snow Drifters Trail Association Otter Tail County Resolution No. 2010 -22 Commissioner Froemming offered the following and moved its adoption: WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review and approval of the County Attorney. THEREFORE, BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Prairie Snow Drifters Snowmobile Club for the 2010-2011 snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Commissioner Erickson seconded the resolution and, upon being put to vote, the resolution was unanimously adopted. Adopted this 6th day of April, 2010 Dated: _C,r..,..::'-1'-l/'-Lt=3:....,/c:2.=""-Y...,o'----OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: ta.wf l{/4 Larry Krohn, Clerk er Froemming, Board of Commissioners Chair Recess & Reconvene At 11 :32 a.m., Commissioners 11 :50 a.m. Chairman Froemming declared the meeting of the Otter Tail County Board of recessed for a Personnel Committee meeting. The meeting was reconvened at . : . ' OTC Board of Commissioners' Minutes April 6, 2010 Page 6 Printer Lease Agreement Motion by Erickson, second by Rogness, and unanimously carried to approve a 4-year lease agreement (effective April 1, 2010) for a Copier at an average monthly expense of $291.08 for the Probation Department as recommended by the Probation Department Director. Recess & Reconvene At 11 :59 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1 :20 p.m. with Commissioners Froemming, Rogness, and Huebsch present. Out-of-State Travel Request Motion by Froemming, second by Huebsch, and unanimously carried to approve the following out-of- state travel for continued education and training as recommended by the Detention Facility Administrator: Detention Facility Medical Director, Cheri Schultz -attending annual Health Care Conference in Wisconsin Detention Facility Control Tactics Instructors, Brent Floden & Matt Saurer -attending annual 4-day conference at the Chicago Police Academy Wind Tower Regulation Discussion Commissioners Lindquist and Erickson were present at 1 :26 p.m. Land & Resource Director, Bill Kalar and Board members discussed the Grant County Wind Energy Conversion System (WECS) Ordinance regarding using it as a model for a Otter Tail County. Mr. Kalar recommended language changes in regards to prohibited use on Natural Environment (NE) lakes and a need for lake setback. A requirement to report when smaller wind towers are erected should also be part of a County WECS ordinance. Motion by Rogness, second by Huebsch, and unanimously carried to request the Land & Resource Director to proceed with a draft Otter Tail County WECS Ordinance. Recess & Reconvene At 1 :55 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 1 :59 p.m. Payment Approval Motion by Erickson, second by Huebsch, and unanimously carried to authorize payment, in the amount of $1,078.70, payable to Thomas L. Yaeger, Arbitrator. Pay Policy for Extended Working Out of Classification Motion by Huebsch, second by Erickson, and unanimously carried to approve the "Pay Policy for Extended Working Out of Classification" (Attachment C) as submitted by the County Attorney. Adjournment At 2:12 p.m., Chairman Froemming adjourned the meeting of the Otter Tail County Board of Commissioners until Tuesday, April 13, 2010. Dated QL//13/,.')pJO r , OTTER TAIL COUNTY BOARD OF COMMISSIONERS CB/kd OTC Board of Commissioners' Minutes April 6, 2010 Attachment A, Page 1 WARRANTS APPROVED ON 4/06/2010 FOR PAYMENT 4106/2010 VENDOR NAME A'VIANDS LLC ADVANCED AUTO CARE AMERICAN INSTITUTIONAL SUPPLY AMERICAN SOLUTIONS FOR BUSINES ANDERSON LAND SURVEYING INC BRUCE ASFELD ATCO INTERNATIONAL BATTLE LAKE REFRIGERATION & HT BEN FRANKLIN MICHAEL BOEN BOUND TREE MEDICAL LLC RONALD BOWMAN BRIGGS CORPORATION MYRNA BUDKE CHARTER COMMUNICATIONS CIT TECHNOLOGY FIN SERV INC CO OP SERVICES INC CODE 4 SERVICES LLC COOPERS TECHNOLOGY GROUP CULLIGAN WATER COND CULLIGAN WATER CONDITIONING CUMMINS NPOWER LLC DAKOTA PRINTERS LLC DARLING'S SALES & SERVICE CO EMBLEM ENTERPRISES INC FARGO GLASS AND PAINT CO FARNAM'S GENUINE PARTS INC FERGUS ELECTRIC FERGUS FALLS POLICE DEPT FERGUS FALLS SCHOOL DIST 544 CITY FERGUS FALLS FIRST NATIONAL BANK OF HENNING G & R CONTROLS GALL'S INC GENE PAYNE CONSTRUCTION GRAINGER INC NICOLE HANSEN HEALTHCARE ENVIRONMENTAL SERVI HEARTLAND AUDIO INC HENRY'S FOODS INC HERZOG ROOFING INC HILL TOP LUMBER INC HITES MAN & ASSOCIATES PA INNOVATIVE OFFICE SOLUTIONS JACKPOT JUNCTION K.I.D.LEASING KELLY SERVICES INC JEFFREY KERR MARCIE KNUDSEN KIM KNUTSON LAKE REGION DENTAL CENTER LAKE REGION ELECTRIC CO OP LAKE REGION HEALTHCARE CORP LARRY OTT INC TRUCK SERVICE JERRY LOKEN BONNIE LUDDEN M-R SIGN COMPANY INC. MANNY'S -ROCKY'S BAIT AMOUNT 11,473.03 204.46 232.59 6,241.23 1,087.50 150.00 266.00 72.00 15.33 31.47 363.67 8.08 82.71 110.00 68.35 190.53 40.15 182.50 370.75 156.58 10.69 321.82 450.00 55.10 444.51 86.00 540.74 671.72 883.01 476.37 60,501.78 30.00 850.00 792.20 125.00 168.00 236.00 29.10 1,946.93 825.70 126.58 196.15 72.00 1,187.11 771.90 256.44 411.99 8.54 162.57 16.60 392.00 3,400.41 1,010.00 1,000.00 10.00 50.51 325.22 1,977.62 OTC Board of Commissioners' Minutes April 6, 2010 Attachment A, Page 2 MARCO MARCO INC ST LOUIS MATTHEW BENDER & COMPANY INC MEND CORRECTIONAL CARE LLC MINNKOTA MN CO RECORDERS ASSOCIATION MN DEPT OF CORRECTIONS MN STATE BAR ASSOCIATION NELSON AUTO CENTER NORTH AMERICAN SALT CO OFFICE DEPOT OFFICEMAX INCORPORATED OTIS ELEVATOR CO OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO PUBLIC HEALTH OTTER TAIL CO RECORDER OTTER TAIL CO TREASURER OTTER TAIL TELCOM OTTERTAIL TRUCKING INC OVERLAND MECHANICAL SERVICES PAMIDA PHARMACY DONALD PEDERSON SALLY PEHRSON PEPSIAMERICAS PERKINS INC PIONEER RIM & WHEEL CO PROACTION UNIFORMS PRODUCTIVE ALTERNATIVES INC QUALITY MACHINING SOLUTIONS IN RAY'S OIL COMPANY RDO EQUIPMENT CO RETINA CONSULTANTS LTD CHERI SCHULTZ SEH SOUTHTOWN C-STORE SHARON SPENCER STATE INDUSTRIAL PRODUCTS STEINS INC STREICHER$ RICKY SWANBERG UL TEIG ENGINEERS UNIFORMS UNLIMITED UNIVERSITY OF MN TERRY VAN DYKE DVM VICTOR LUNDEEN COMPANY VOSS LIGHTING WADENA CO SHERIFF RANDY WASVICK WEETOWN OUTPOST WEST PAYMENT CENTER RICHARD WEST WHITE BANNER UNIFORM SHOP WILKIN CO HIGHWAY DEPT ZIEGLER INC .... FINAL TOTAL ....... 132.06 232.06 95.71 380.25 29.00 200.00 390.00 2,398.33 44,146.20 26,345.39 54.59 281.20 113 04 284.00 156.00 100.00 5.00 75.00 8,108.00 64.34 3,027.26 157.86 14.16 367.25 19,682.55 66.07 567.09 48.36 176.70 2,714.13 9,075.00 588.00 40.00 2,461.77 110.72 9.61 138.38 704.13 19,066.67 8.08 4,676.00 1,222.82 288.00 200.00 502.47 570.54 40.00 20.00 315.00 2,649.18 33.82 189.50 10,260.76 1,150.14 $266,899.43" .. I. General Provisions. OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 1 Otter Tail County Pawnbroker Ordinance A. This Ordinance from the date of its passage shall be known as the Otter Tail County Pawnbroker Ordinance. B. Purpose. The County Board finds that the use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easily and quickly. The County Board also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The County Board also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The County Board further finds that the pawnbroker industry has outgrown the County's current ability to effectively and efficiently identify criminal activity related to pawn shops. The purpose of this Ordinance is to prevent pawn businesses from being used as facilities for the commission of crimes and to insure that such businesses comply with base consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the county. To help the Sheriff better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this Ordinance also implements and establishes the required use of an electronic pawn tracking system. C. Legal Authority. This Ordinance is enacted pursuant to Minnesota Statutes Chapter 325J, and Sections 471.924 tluough 471.929. D. Savings Clause. This Ordinance shall be read so as to contain the minimum provisions of Minnesota Statutes Chapter 325], as it may from time to time be amended, and any such provisions not contained herein shall be considered adopted by reference so as to conform with the authority granted by the Chapter for local ordinances. In the event any provision of this Ordinance shall be found contrary to law by a court of competent jurisdiction from whose final judgment no appeal has been taken, such provision shall be considered void. All other provisions of this Ordinance shall continue in full force and effect as though the voided provision had never existed. OTC Board of Commissioners' Minutes April 6, 2010 Attachment 8, Page 2 E. Definitions. 1. Scope. As used in this chapter, the following terms have the meanings given them unless the context clearly indicates otherwise. 2. Appropriate law enforcement agency. "Appropriate law enforcement agency" means the attorney general of the state of Minnesota, the sheriff of each county in which a pawnbroker maintains an office, or the police chief of the municipality or law enforcement officers of the municipality in which a pawnbroker maintains an office. 3. Municipality. "Municipality" means any town, home rule charter or statutory city, or county that elects to regulate and license pawnbrokers within its jurisdiction pursuant to local ordinance. 4. Pawnbroker. a. Except as provided in paragraph b., "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. b. The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce. 5. Pawnshop. "Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business. 6. Pa\\'ll transaction. "Pawn transaction" means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period oftime. OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 3 7. Person. "Person" means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized. 8. Pledged goods. "Pledged goods" means tangible personal property other than choses in action, securities, bank draf'ts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. F. Transition. Pawnbrokers that are in business when a municipality adopts an ordinance under this chapter must apply for a license and pay the required fee within 90 days of adoption of the ordinance. II. License Required. A. Licensing and Regulation. B. I. A person may not engage in business as a pawnbroker or otherwise portray the person as a pawnbroker unless the person has a valid license authorizing engagement in the business. Any pawn transaction made without benefit of a license is void. 2. A separate license is required for each place of business. The County may issue more than one license to a person if that person complies with this chapter for each license. 3. Each license shall remain in full force and effect until surrendered, suspended, revoked, or expired. A license may be suspended or revoked for failure to comply with this Ordinance. 4. No expiration, revocation, suspension, or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any pledgor. 5. The appropriate local law enforcement agency shall be notified by the municipality of any licensee whose license has expired or been surrendered, suspended, or revoked as provided by this chapter. Licensee Eligibility. 1. To be eligible for or to maintain a pawnbroker license, a person must operate lawfully and fairly within the purposes of this Ordinance and Minnesota Statutes Chapter 325J and: OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 4 a. may not be a minor at the time that the application for a pawnbroker's license is filed; b. may not have been convicted of any crime directly related to the occupation licensed as prescribed by section 364.03, subdivision 2, unless the person has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this chapter as prescribed by section 364.03, subdivision 3; and c. must be of good moral character or repute. 2. Any change, directly or beneficially, in the ownership of any licensed pawnshop shall require the application for a new license and the new owner must satisfy all current eligibility requirements. C. Pawnshop Location. No pawnshop shall be located within ten driving miles of any gambling casino. D. License Application. An application form provided by the County Auditor must be completed by every applicant for a new license or for renewal of an existing license. Every new applicant must provide the following information: I. If the applicant is a natural person: a. The name, place and date of birth, street resident address, and phone number of applicant. b. Whether the applicant is a citizen of the United States or resident alien. c. Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places used. d. The name of the business ifit is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. e. The street address at which the applicant has lived during the preceding five ( 5) years. f. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years. g. Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a traffic ordinance. If so, the applicant must furnish information as to the time, place and offense of all such convictions. h. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in this section. 2. If the applicant is a partnership: OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 5 a. The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in subdivision I. of this section. b. The name(s) of the managing partner(s) and the interest of each partner in the licensed business. c. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statute, Section 333.01, a certified copy of such certificate must be attached to this application. 3. If the applicant is a corporation: a. The name of the corporation or business form, and if incorporated, the state of the corporation. b. A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement, and By-Laws shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303 .06, must be attached. 4. Fees. At the time of making the application, the applicant shall pay an annual application fee as set by the County Board. 5. Duration of Application. The application shall be valid for one year. 6. Application Execution. All applications for a license under this chapter must be and sworn to under oath or affirmation by the applicant. If the application is that of a natural person, it must be signed and sworn to by such persons; if that of a corporation, by an officer thereof; if thatof a partnership, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. 7. License Issuance. a. No license shall be issued until the Otter Tail County Sheriff's Department has conducted an investigation of the representations set forth in the application, and the applicant's moral character and the applicant's financial status. All applicants must cooperate fully with this investigation. OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 6 b. No license shall be issued until the County Board has held a public hearing in the manner as the County Board may direct. At the public hearing, all persons interested in the matter shall be heard, and the hearing may be adjourned from time to time. No hearing shall be required for a renewal of a license, but the County Board may, in its sole discretion, hold a public hearing. c. After investigation and hearing, the County Board shall, in its discretion, grant or deny the application. d. Each license shall be issued only to the applicant for the premises described in the application. No license may be transferred to another person or place without application to the County Board in the same manner as an application for a new license. Transfer of 25 percent or more of the stock of a corporation or a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate license. If the licensee is a corporation, which is wholly owned by another corporation, the same provisions about the transfer of stock or controlling interest shall apply to that parent corporation, any second parent corporation, which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior County Board approval is grounds for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without first obtaining a County Board approval shall be a separate violation under this chapter. e. Any application for a license may be considered by the County Board at the same time an applicant is requesting any land usc approvals needed for the site, including site plan review or rezoning. Final approval of a license shall not be granted until the County Board has given at least preliminary approval to any necessary land use requested. If an application is granted for location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a Certificate of Occupancy is issued for the licensed premises. f. In the case of the death of the licensee, the personal representative of a licensee may continue operation of the business for not more than 180 days after the licensee's death. 8. License Suspension and Revocation. Any license under this chapter may be denied, suspended or revoked for one or more of the following reasons: OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 7 a. Delinquent Taxes: The County Board may suspend or revoke a license issued under this chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the County or of the state are due, delinquent or unpaid. If an action has been commenced pursuant to the provisions of Minn. Statute Chapter 278, as it may be amended from time to time, questioning the amount of validity of taxes, the County Board may, on application by the licensee, waive strict compliance with the provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless the one-year period is extended through no fault of the licensee. b. Violations: The County Board may either suspend for up to 60 days or revoke any license or impose a civil fine not to exceed $2,000 for each violation upon a finding that the licensee or an agent/employee of the licensee has failed to comply with any applicable statute, regulation or ordinance provision. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for hearing pursuant to Minn. Statute 14.57-14.69, as it may be amended from time to time. Any conviction by the licensee for theft, burglary, robbery, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. c. The proposed use does not comply with the applicable zoning code. d. The proposed use docs not comply with any health, building, building maintenance or other provisions of the Ordinance or state law. e. The applicant or license has failed to comply with one or more provisions of this chapter. f. The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information. g. Fraud, misrepresentation or bribery in securing or renewing a license. h. Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant's business. 1. Violation within the preceding five (5) years, or any law relating to the theft, damage or trespass of property, sale of controlled substances, or operation of a business. J. The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter. 9. License Responsibility; Conduct. Every licensee is responsible for the conduct of his/her place of business and the conditions of order in it. The act of any employee of the licensed premises is deemed the act of the licensee as well and the licensee shall be liable for all penalties provided by this chapter equally with the employee, except criminal penalties. OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 8 IO. License Display Required. Every license must be posted in a conspicuous place in the premises for which it is used. III. Pawnshop Operations. A Pawn Tickets. I. Entries of pavm tickets. At the time of making the pawn or purchase transaction, the pawnbroker shall immediately and legibly record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the municipality: a. a complete and accurate description of the property, including model and serial number if indicated on the property; b. the full name, residence address, residence telephone number, and date of birth of the pledgor or seller; c. dale and time of pavm or purchase transaction; d. the identification number and state of issue from one of the following forms of identification of the seller or pledgor: current valid Minnesota driver's license; current valid Minnesota identification card; or current valid photo identification card issued by another state or a province of Canada; e. description of the pledgor including approximate height, sex, and race; f. amount advanced or paid; g. the maturity date of the pavm transaction and the amount due; and h, the monthly and annual interest rates, including all pawn fees and charges. 2. Printed pavm ticket. The following shall be printed on all pawn tickets: a. the statement that "Any personal property pledged to a pavmbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal, or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods."; b. the statement that "The pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the plcdgor has the right to sell or pawn the item."; OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 9 c. the statement that "This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record."; and d. a blank line for the plcdgor's signature. 3. The licensee must also take a color photograph or color video recording of each customer involved in a billable transaction. If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which it relates. Such photographs must be available to the Sheriff or his designee upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months and surrendering it to the police department upon request. B. Records Retention. 1. The pledgor or seller shall sign a pawn ticket and receive an exact copy of the pawn ticket. 2. The pawnbroker shall maintain on the premises a record of all transactions of pledged or purchased goods for a period of three years. These records shall be a correct copy of the entries made of the pawn transactions. A pawnbroker shall upon request provide to the appropriate law enforcement agency a complete and accurate record of pawn transactions. C. Electronic Pawn Tracking System. The pawnbroker must use the computerized electronic pawn tracking system designated by the Otter Tail County Sheriff. All information required by the system shall be provided daily. OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 10 D. Effect of Non-Redemption . I. A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within at least 60 days of the date of the pawn transaction, renewal, or extension shall automatically be forfeited to the pawnbroker, and qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker. 2. The pawnbroker's right, title, and interest in the pledged goods under paragraph I. is qualified only by the pledgor's right, while the pledged goods remain in possession of the pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees and/or interest accrued up to the date ofredemption. 3. A pawn transaction that involves holding only the title to property is subject to Minnesota Statutes, Chapter 168A or 336. E. Permitted Charges. 1. Notwithstanding any other statute, ordinance, rule, regulation, or Minnesota Statute section 3251.13, a pawnbroker may contract for and receive a pawnshop charge not to exceed three percent per month of the principal amount advanced in the pawn transaction plus a reasonable fee for storage and services. A fee for storage and services may not exceed $20 if the property is not in the possession of the pawnbroker. 2. The pawnshop charge allowed under paragraph L W shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. However, if full payment is made more than two weeks before the next succeeding date, the pawnbroker shall remit one-half of the pawnshop charge for that month to the pledgor. 3. Interest shall not be deducted in advance, nor shall any loan be divided or split so as to yield greater interest or fees than would be permitted upon a single, consolidated loan or for otherwise evading any provisions of this section. 4. Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount permitted under this section, shall be uncollectible and the pawn transaction shall be void. 5. A schedule of charges permitted by this section shall be posted on the pawnshop premises in a place clearly visible to the general public. F. Records; Prohibitions. OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 11 A pawnbroker and any clerk, agent, or employee of a pawnbroker shall not: I. make any false entry in the records of pawn transactions; 2. falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee's pawn transactions; 3. refuse to allow the appropriate law enforcement agency, the attorney general, or any other duly authorized state or federal law enforcement officer to inspect the pawn records or any pawn goods in the person's possession during the ordinary hours of business or other times acceptable to both parties; 4. fail to maintain a record of each pawn transaction for three years; 5. accept a pledge or purchase properly from a person under the age of 18 years; 6. make any agreement requiring the personal liability of a pledgor or seller, or waiving any provision of this section, or providing for a maturity date less than one month after the date of the pawn transaction; 7. fail to return pledged goods to a pledgor or seller, or provide compensation as set forth in section 325.1.09, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than 60 days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged goods pursuant to section 325J.06, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency; 8. sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledgor or seller in the same, or a related, transaction; 9. sell or otherwise charge for insurance in connection with a pawn transaction; or 10. remove pledged goods from the pawnshop premises or other storage place approved by a municipality at any lime before unredeemed, pledged goods are sold pursuant to section 325.1.06. OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 12 G. Redemption; Risk of Loss. Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor shall be entitled to redeem or repurchase the pledged goods described on the ticket. In the event the goods are lost or damaged while in possession of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or civil action. H. Motor Vehicle Title Pawn Transactions; Special Provisions. I. I. In addition to the other requirements of this chapter, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: a. be licensed as a used motor vehicle dealer under sectionl68.27, and post such license on the pawnshop premises; b. verify that there are no liens or encumbrances against the motor vehicle with the Department of Public Safety; and c. verify that the pledgor has automobile insurance on the motor vehicle as required by law. 2. A pawnbroker may not sell a motor vehicle covered by a pawn transaction until 90 days after recovery of the motor vehicle. Police Restrictions on Sale or Redemption. I. Investigative Hold. Whenever a law enforcement official from any agency, acting in the course and scope of his or her duties, notifies a licensee not to sell or permit to be redeemed an article of property in the licensee's possession, the article may not be sold, redeemed or removed from the premises by the licensee. The Investigative Hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of notification, or until the hold is canceled, or until a Police Hold is issued pursuant to paragraph 2, or until the article is confiscated, whichever comes first. OTC Board of Commissioners' Minutes April 6, 2010 Attachment B, Page 13 2. Police Hold. Whenever the Sheriff notifies a licensee not to sell or permit to be redeemed an article of property in the licensee's possession, the article may not be sold, redeemed or removed from the premises by the licensee. The Police Hold shall be confirmed in writing within seventy-two (72) hours and will remain in effect for ninety (90) days from the date of notification unless the Sheriff determines the hold is still necessary and notifies the licensee in writing. When a Police Hold is no longer needed the Sheriff shall so notify the licensee. 3. Confiscation. IV. Violations. If an article of property in the licensee's possession is determined to be stolen, it may be confiscated and seized as evidence by any police officer. A request for restitution from any person charged in regards to the stolen property confiscated shall be made on behalf of the licensee. When an article of property is confiscated, the person doing so shall provide identification upon request of the licensee, and shall complete a confiscation report providing at a minimum the name and telephone number of the confiscating agency and investigator, and the case number of the police report related to the confiscation. The confiscation report shall be included with the daily reports to police, submitted by the licensee, for review by the Sheriff. A violation of this ordinance by a pawnbroker or pledgor is a misdemeanor. Dated: IY/}13/2010 r ' ATTEST: kfftfr~ Larry Krohn, Clerk OTTER TAIL COUNTY ByRog~mmi~ Board of Commissioners OTC Board of Commissioners' Minutes April 6, 2010 Attachment C, Page 1 PAY POLICY FOR EXTENDED WORKING OUT OF CLASSIFICATION Due to the cmrent financial difficulties being experienced by the County and other units of government, it may become necessary for extended working out of classific.1tion assignmenls. 1l1is is a circumstance not anticipated in existing rules and contracts. Pursuant to the Personnel Rules and a number of collective bargaining agreements. employees receive the rule of pay for the higher classification for the period of the oul of class assignment. The County has used its promotion policy to determine the applicable step in the higher range (from the original pay. the employee gets a four (4) percent /or non-supervisory and six (6) percent for supervisory pay increase ond then is placed 011 the next highest step in the new range). If the employee's anniversary date occurs during the out of class assignment. the promotion policy is applied to the step increase. ff the out of class pay is still higher. then no increase occurs on the employee's anniversary date. It is now the policy of Otter Tail County tha1 after an employee works at a temporary, higher classification for t \Velve months. and had not received a step increase on his anniversary date that year. the employee will receive u step increase for the higher grade position. At the end of the working out of class assignment, the employee will return to his original grade at the step he would be at based upon years of service. Adopted -2'f_/_ o~.,~--· 2010 Chair, oi r Tail County Board or Commissioners