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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/05/2011MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN July 5, 2011 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, July 5, 2011, at 8:30 a.m. at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners John Lindquist, Chair; Lee Rogness, Vice-Chair; Doug Huebsch, Wayne Johnson, and Roger Froemming present. Approval of Agenda Motion by Froemming, second by Johnson, and unanimously carried to approve the Board of Commissioners agenda of July 5, 2011, with the following changes: Postpone -Changes in Senior Health Programs Add -Tobacco Ordinance Amendment Discussion Add -New York Mills CSAH 84 Right-of-Way Acquisition Approval of Minutes Motion by Johnson, second by Huebsch, and unanimously carried to approve the Board of Commissioners meeting minutes of June 28, 2011, as mailed. Approval to Pay Bills Motion by Johnson, seconded by Froemming, and unanimously carried to approve payment of the County Board bills per'Attachment A of these minutes. Parkers Prairie Landfill Mike Hanan, Solid Waste Director, spoke to the Board regarding the Parkers Prairie Transfer Station which is open Saturdays from 8 a.m. to Noon. The site has been temporarily closed for about three n;ionths. The alternative to having the landfill open is for citizens to purchase yellow bags for their garbage from area Hauler(s) and place the bags on the curb when filled. The cost is similar or less than hauling garbage to the landfill. Motion by Huebsch, second by Rogness, and carried with Froemming opposed, to continue with the closure of the Parkers Prairie Transfer Station because there are cost competitive alternatives and staffing is difficult. It was noted that access to recycling is not affected and continues to be available. Discussion Regarding Management of Water Sharon Josephson, Staff Assistant for Congressman Peterson, briefed the Board regarding the need to solve the flooding problems in the Red River Valley Basin. The Red River Retention Authority Joint Powers Board involving North Dakota, Minnesota, and South Dakota, was formed with a goal of combined water retention. She stated that federal funding will be released for retention projects through the Natural Resources Conservation Service (NRCS) by way of the Wetlands Reserve Program. She stressed the importance for Otter Tail County to have a seamless process to access the federal retention dollars for water storage projects. Commissioners expressed appreciation and support for the goals of the Red River Retention Authority. The Otter Tail County Board has established a local taxing district similar to a Lake Improvement District which will use existing county agencies (SWCD) and staff to administer and deliver conservation practices and retention in the defined area. The special taxing district will retain local control, not require the expense of an additional layer of government, and could be expanded for funding purposes. Commissioners spoke against the proposed Wilkin-Otter Tail watershed district because it doesn't match Otter Tail County's water retention goals. Chairman Lindquist encouraged future informal discussions with Congressman Peterson's office. OTC Board of Commissioners' Minutes July 5, 2011 Page 2 Tobacco Ordinance Amendments Motion by Rogness, second by Johnson, and unanimously carried to adopt the amendments to the Otter Tail County Tobacco Ordinance as presented (Attachment B of these minutes) effective August 15, 2011. State Shutdown Discussion Diane Thorson, Public Health Director, informed the Board that the Child & Teen Checkup Outreach and Chronic Disease Self-Management programs will not be operating during the State shutdown which started July1,2011. Recess & Reconvene At 9:53 a.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:00 a.m. Culvert Extension Request -Ditch #21 Bill Kalar, Land & Resource Administrator, presented a request from Beverly Blair to extend a culvert. The Blairs own property in Section 13 of Aurdal Township. They have purchased a new modular home and the culvert that is located across Ditch # 21 and the driveway is not wide enough to move the home into the property. They are receiving permits from the DNR and Land & Resource office for the non-ditch work. Motion by Rogness, second by Johnson, and unanimously carried to replace a 12" partially collapsed culvert in Ditch #21 with a wider 12" culvert at the same elevation to facilitate moving the home. The Blairs will be responsible for all costs associated with the culvert replacement. Otter Tail Lake Drainage Mr. Kalar referred to an area on Otter Tail Lake where backlots are flooded. Residents in the area previously submitted a letter to the County Board asking for permission to close off the culvert under County Road #1 where water flows in from Long Lake, around the public access and into Otter Tail Lake. The Board did not give permission to close off the culvert; however, requested that County officials take elevations of the lakes and various culverts along this flow route. The elevation of Long Lake was reported as 1325' and Otter Tail Lake by comparison at 1322.3'. There is a 24" culvert under County Road #1; however, elevations of 12" culverts along the route through driveways indicated some culvert elevation problems. Homeowners could replace these culverts through the Land & Resource office grade and fill permit. There is an 18" culvert at the outlet that may have been designed too small. A culvert owned by the township as the water flows towards the public access is at an elevation of 1320.65' with downstream elevation of 1321 '. The following comments were offered: • If there needs to be flow from Long Lake to Otter Tail Lake, a more direct flow instead of the current route would be much better. • There used to be a natural outlet going into Otter Tail Lake before the DNR put in the public access. • The 18" outlet culvert was engineered by the DNR. • The flow control is the 24" culvert under County Road #1, so another culvert could be installed at the outlet. • A more direct route may be preferable before culverts are replaced. • This water is over the Ordinary High Water Level (OHWL). • Some of the culverts installed by the DNR are part of the problem so the DNR needs to part of the solution. Motion by Huebsch, second by Rogness, and unanimously carried to assist residents in offering a resolution to the State Department of Natural Resources (DNR) to return the natural flow of the water in this area directly from Long Lake under CR #1 into Otter Tail Lake to alleviate the flooding issues currently experienced by the homeowners. A spokesperson for the homeowners was identified and will be assisted by the County's Land & Resource Administrator. Lake Annie Petition OTC Board of Commissioners' Minutes July 5, 2011 Page 3 Commissioner Johnson referred to the high water in the area of Lake Annie by Pelican Rapids. A petition was presented to enlarge the Buffalo-Red River Watershed District to include the Lake Annie area. A map of the area was also provided. The Watershed District has proposed a solution to move water west towards Jacob Lake. The request is for the County Board to order that the area in the petition be included in the Buffalo-Red River Watershed District. David Hauser, County Attorney, suggested that the Board schedule an informational meeting to inform all residents affected by the inclusion of the area into the watershed because property owners will be taxed. An evening informational meeting will be scheduled. Board of Appeal & Equalization Motion by Johnson, second by Froemming, and unanimously carried to approve the 2011 County Board of Appeal and Equalization minutes as filed with the County Auditor's office. License Applications Motion by Froemming, second by Lindquist and carried, with Huebsch abstaining, to approve the following applications for license: Big Pine Lodge 43606 Mosquito Heights Road Perham, MN 56573 Northtown 25947 County Highway 88 Fergus Falls MN 56537 Whiskey River Bar & Grill 4397 4 390th St Perham, MN 56573 On/Off Sale 3.2 Malt Liquor License On/Off Sale 3.2 Malt Liquor License On Sale Liquor and Sunday Liquor License 800 MHz Communication System Grant Discussion Chairman Lindquist opened discussion regarding the fire department radio grant for the 800 MHz Communication System. An application for the grant of about one million dollars was recently denied. Representatives from the City of Fergus Falls were present and indicated that the grant application did not rate well in the cost benefit portion of the grant application. The Chairman directed Sheriff Schlueter, Lieutenant McGuire, and the County Administrator to formulate what is required for a successful grant application and proceed with an application for radios for the fire departments. The application is due in August of 2011. The outcome of the application is expected late 2011 which is enough time to purchase radios and integrate them with the 800 MHz System. County Highway Projects Motion by Rogness, second by Johnson, and unanimously carried to award S.A.P. 056-601-055 & Etc. Bituminous Overlay to the low bidder, Mark Sand & Gravel Co. of Fergus Falls, MN, at the bid price of $1,619,81947. Motion by Johnson, second by Huebsch, and unanimously carried to award S.A.P. 056-600-25 Bituminous Overlay for East Lake Lida Road to the low bidder, Mark Sand & Gravel Co. of Fergus Falls, MN, at the bid price of $681,067.00. OTC Board of Commissioners' Minutes July 5, 2011 Page 4 Motion Huebsch, second by Froemming, and unanimously carried to award the Repair of Drainage Structure on CSAH 84 in New York Mills to Landwehr Construction, Inc. of St. Cloud, MN, at the low quote of $17,939.33. Motion by Huebsch, second by Rogness, and unanimously carried to award the CSAH 27 Reed Creek Culvert Replacement project to Landwehr Construction, Inc. of St. Cloud, MN, at the low quote of $63,720.16. Federal Emergency Management Agency Update Rick West, Highway Engineer, reported that FEMA toured sites in the County. All of the sandbagging expenses and some pumping expenses will be approved for FEMA reimbursement under Category B (emergency work). New York Mills CSAH 84 Right-of-Way Mr. West reported that Lund Boat Manufacturing is requesting to purchase a portion of County right-of-way property along CSAH 84 in New York Mills for expansion of the facility. Mr. West stated that there is no issue waiving setback requirements to the existing right-of-way. Motion by Rogness, second by Johnson, and unanimously carried to sell up to 45' from the center line of CSAH 84 to the City of New York Mills with cost of the property to be determined by recent comparable sales. The City of New York Mills will work with Lund Boat Manufacturing to transfer the property for the expansion. Phased Retirement Option Policy Motion by Huebsch, second by Froemming, and unanimously carried to update the Phased Retirement (PRO) Policy to match PERA's new sunset date of June 30, 2014. Adjournment At 12:15 p.m., Chairman Lindquist adjourned the meeting of the Otter Tail County Board of Commissioners until 8:30 a.m. on Tuesday, July 12, 2011. Dated: J4,,I~ 12,.201! Attest: ~ ~ Carry Kr hn, lerk OTTER Tf')L COUN70ARD OF~COMMISSIONERS By: tr\J.Jv0 ~ Lindquist, Board ot C mmissioners Chair CB/kd OTC Board of Commissioners' Minutes July 5, 2011 Attachment A, Page 1 WARRANTS APPROVED ON 7/05/2011 FOR PAYMENT 7/0512011 VENDOR NAME A'VIANDS LLC AMERICAN INSTITUTIONAL SUPPLY BATTLE LAKE STANDARD BEN FRANKLIN BRIGGS CORPORATION JOHN BUSHMAN BUY-MOR PARTS & SERVICE LLC CDW GOVERNMENT INC CITY DIRECTORY INC CODE 4 SERVICES LLC COLLEGE WAY AUTO INC COMMISSIONER OF TRANSPORTATION COOPERS TECHNOLOGY GROUP CULLIGAN WATER CONDITIONING D.P.SMALL ENGINES ERIC'S ODD JOBS PLUS FARGO GLASS AND PAINT CO FASTENAL COMPANY FERGUS POWER PUMP INC GRAINGER INC HARMS TOWING & SERVICE HEART OF THE LAKES POST 7702 HSBC BUSINESS SOLUTIONS INNOVATIVE OFFICE SOLUTIONS J & K MARINE JKSPORTS CASSANDRA JONAS KEEPRSINC KELLY SERVICES INC L & 0 ACRES TRANSPORT INC LAKE REGION HEALTHCARE CORP LARRY OTT INC TRUCK SERVICE LEITCH EXCAVATING LIBERTY TIRE RECYCLING SERVICE MARCO MCCC Ml 33 MN DEPT OF REVENUE NORTHERN IRRIGATION CONTRACTOR OFFICE DEPOT OFFICEMAX INCORPORATED THE ORIGINAL HEATING MAN PETERSON MECHANICAL INC QUARTERMASTER REGENTS OF THE UNIVERSITY OF M REILE'S TRANSFER & DELIVERY IN RUTTGERS BAY LAKE LODGE SAFARILAND LLC RENEE SAURER SEH SERVICE FOOD SUPERVALU JUDY SIGGERUD SIMPLEXGRINNELL LP SOUTH MILL SERVICE STEINS INC STREICHERS GARY TORGERSON UNIFORMS UNLIMITED VICTOR LUNDEEN COMPANY VIKING COCA-COLA WEST PAYMENT CENTER .... FINAL TOTAL ....... AMOUNT 9,939.99 194.81 32.36 33.22 148.47 739.95 9.65 9,527.92 138.00 122.72 5,148.93 1,290.25 545.10 10.69 39.26 1,314.56 372.92 46.69 802.69 614.28 403.00 200.00 116.24 3,601.21 248.46 770.00 76.74 354.81 423.97 16,380.30 1,197.84 425.00 4,666.63 2,240.96 66.54 240.00 175.00 18.00 391.37 79.54 108.48 1,915.27 61.10 32.449.98 17,008.21 496.98 1,790.00 8.56 3.443.40 14.18 574.95 2,142.26 6.84 1.408.06 2,751.05 139.99 354.70 1,267.32 257.50 88.94 $129 435.84 .... OTTER TAIL COUNTY TOBACCO ORDINANCE OTC Board of Commissioners' Minutes July 5, 2011 Attachment B, Page 1 An Ordinance relating to the sale, possession and use of tobacco and tobacco-related devices in the County of Otter Tail and for the reduction of the illegal sale, possession, and use of such items to and by minors. The County Board of Otter Tail County ordains: Section I. General Provisions. A. Title. The title of this Ordinance shall be the Otter Tail County Tobacco Ordinance. B. Purpose and Authority. Because the County recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products. and tobacco-related devices, nicotine or lobelia delivery devices and that such sales, possession and use are violations of both state and federal law; and there exists substantial scientific evidence that the use of tobacco products causes cancer, heart disease and various other medical disorders; and whereas the use of tobacco products commences primarily in adolescence; and the County desires to prevent young people from starting to use tobacco; this Ordinance is intended to regulate the sale, possession and use of tobacco. tobacco products. and tobacco-related devices. nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws and to protect minors from the serious affects associated with the use of tobacco. This Ordinance applies in unorganized territory of the County and in all towns and cities which do not license and regulate retail tobacco sales. This Ordinance is enacted pursuant to Minnesota Statutes, Chapter 461. C. Severability and Savings Clause. If any section or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or affect the validity and enforceability of any other section or provision of this Ordinance. ' D. Responsibility. All licensees under this Ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products. 6f tobacco-related devices, nicotine or lobelia delivery devices on the licensed premises, and the sale of such item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the County from also subjecting the employee to whatever penalties are appropriate under this Ordinance, state or federal law or other applicable law or regulation. Section II. Definitions. For purposes of this Ordinance, certain terms and words are herein defined as follows: A. Minor. Minor means any natural person who has not yet reached the age of 18 years. B. Sale. "Sale" or "sell" means any transfer of goods for money, trade, barter or other consideration. C. Self-serve merchandising. "Self-serve merchandising" means open displays of tobacco. tobacco products. 6f tobacco-related devices, nicotine or lobelia delivery devices in any manner OTC Board of Commissioners' Minutes July 5, 2011 Attachment B, Page 2 where any person shall have access to the tobacco, tobacco products, eF tobacco-related devices, nicotine, or lobelia delivery devices without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, eF tobacco-related device, nicotine or lobelia delivery device between the customer and the licensee or licensee's employee. D. Tobacco or Tobacco Products. "Tobacco" and tobacco products means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flower; cavendish; plug and twist tobacco; fine cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. prepBied in sHeh mar.ner as ta be sHital31e fer ehev,'ing er smeking in a pipe er ether tel3aeee related deviees. Tobacco products excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. E. Tobacco-related devices. "Tobacco-related devices any tobacco product as well as a pipe, rolling papers, ashtra·;, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. F. Vending machine. "Vending machine" means any mechanical, electric, electronic or other type of device which dispenses tobacco or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase tobacco, tobacco products. and tobacco-related devices. nicotine or lobelia delivery devices tel3aeee, tel3aeee flF0dHet er tel3aeee related de•,ciees. G. Nicotine or Lobelia Delivery Devices. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not a tobacco as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction. or for other medical purposes, and is being marketed solely for that approved purpose. Section III. License. A. License Requirement. No person shall sell or offer to sell any tobacco. tobacco products, eF tobacco-related devices, nicotine or lobelia delivery devices without first having obtained a license to do so from the County. I. Application. An application for a license to sell use tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices tel3aeee er tel3aeee related deYiees shall be made to the County Auditor on a form provided by the County. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone OTC Board of Commissioners' Minutes July 5, 2011 Attachment B, Page 3 numbers, the name of the business for which the license is being sought and any additional information the County deems necessary. If the County Auditor shall determine that an application is incomplete, the application will be returned to the applicant with a notice of the information necessary to make the application complete. Upon receipt of the completed application and performing a record check on the applicant, the County Auditor shall forward the application to the County Board for action. 2. Action. The County Board may either approve or deny the license, or it may delay action for such reasonable period oftime as necessary to complete any investigation of the application or the applicant it deems necessary. If the County Board approves the license, the County Auditor shall issue the license to the applicant. If the County Board denies the license, notice of the denial shall be given to the applicant along with a notice of the applicant's right to appeal the decision to District Court. 3. Term. All licenses issued under this Ordinance shall be valid for one calendar year from the date of issue. 4. Revocation or suspension. Any license issued under this Ordinance may be revoked or suspended as provided in the Violations and Penalties section of this Ordinance. 5. Transfers. All licenses issued under this Ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the approval of the Otter Tail County Board. 6. Movable place of business. No license shall be issued to a movable place of business. "Movable place of business" means any form of business operated out of a truck, van, automobile, trailer or other type of vehicle or transportable shelter rather than a fixed address storefront or other permanent type of structure authorized for sales transactions. Only fixed location businesses shall be eligible to be licensed under this Ordinance. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days, before the expiration of the current license. 9. Fees. The fee for an annual license under this Ordinance shall be set by the Otter Tail County Board, and no license shall be issued or renewed until the fee has been paid in full. B. Basis for Denial of License. A license shall not be issued if any of the following circumstances exist: I. The applicant is under the age of 18 years. OTC Board of Commissioners' Minutes July 5, 2011 Attachment B, Page 4 2. The applicant has been convicted four times within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to use tobacco, tobacco products. and tobacco-related devices, nicotine or lobelia delivery devices teliaeee er teliaeee relateEI Eieviees. 3. The applicant has had a license to sell use tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices teliaeee er leliaeee relateEI EieYiees revoked within the preceding 12 months of the date of application. 4. The applicant fails to provide any information required on the application, or provides false or misleading information. 5. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. C. Mistaken Issuance. If a license is mistakenly issued or renewed to an applicant, it shall be revoked upon the discovery that the applicant was ineligible for the license under this section. Section V. Violations. A. Prohibited Sales. It shall be a violation of this Ordinance for any person to sell or offer to sell any use tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices teliaeee er leliaeee relaleEI deviee: I. Without having first obtained a license to sell use tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices leliaeee and leliaeee related deYiees. 2. To any person under the age of 18 years. 3. By means of any type of vending machine. 4. By means of self-service merchandising. 5. By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision or other regulation. B. Vending Machines and Self-Service Merchandising. It shall be unlawful for any person licensed under this ordinance to allow the sale of use tobacco, tobacco products. and tobacco-related devices, nicotine or lobelia delivery devices lsliaees er leliaees related deviees by means of a vending machine or self-service merchandising. Any retailer selling tobacco. tobacco products. and tobacco-related devices, nicotine or lobelia delivery devices teliaeee er teliaeee related de,fiees at the time this ordinance is adopted shall comply with this section within 90 days of the date of adoption. C. Other Illegal Acts. Unless otherwise provided, the following act shall be a violation of this Ordinance: OTC Board of Commissioners' Minutes July 5, 2011 Attachment B, Page 5 I. Sales. It shall be a violation of this Ordinance for any person to sell or otherwise provide any tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices teaaeee er teaaeee relatee eeviee to any minor. 2. Possession. It shall be a violation of this Ordinance for any minor to have in his or her possession any tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices teaaeee er teaaeee relatee eeviee. 3. Use. It shall be a violation of this Ordinance for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco products, and tobacco-related devices, nicotine or Jobelia delivery devices teaaeee er teaaeee relatee eeviee. 4. Procurement. It shall be a violation of this Ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices teaaeee er teaaeee relatee eeviee, and it shall be a violation of this Ordinance for any person to purchase or otherwise obtain such item on behalf of a minor. It shall further be a violation of this Ordinance for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco products, and tobacco-related devices, nicotine or Jobelia delivery devices teaaeee er teaaeee relatee eeviee. 5. False identification. It shall be a violation of this Ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with in order to represent an age older than the actual age of the minor. Section IV. Penalties and Procedures. A. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the Otter Tail County Public Health Department or other authorized County officials during regular business hours. From time to time, but at least once per year, the County shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years, but less than eighteen (I 8) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices teaaeee er teaaeee relatee eeviees. Minors used for the purpose of compliance checks shall be supervised by members of the Otter Tail County Public Health Department. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices ef teaaeee er teaaeee relatee ee·,ciees when such items are obtained or attempted to be obtained as part of a compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in compliance checks shall answer all questions about the minor's age asked by the licensee or the licensee's employee and shall produce any identification, if any exists, for which the minor is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal Jaws for educational, research or training purposes, or required for the enforcement of particular state or federal law. OTC Board of Commissioners' Minutes July 5, 2011 Attachment B, Page 6 B. Civil Penalties. 1. Administrative penalties. If a licensee or employee of a licensee violates provisions of this Ordinance, the licensee shall be charged an administrative penalty of$75.00 for a first violation. The administrative penalties for any subsequent violations within a five-year period shall be as follows: For a second violation within a 24 month period from the first violation, an administrative penalty of $250.00 shall be imposed. For a third violation within a 24 month period of a second violation, an administrative penalty of $500.00 shall be imposed, and the licensee's authority to sell tobacco or tobacco-related devices shall be suspended for 30 days. For a fourth violation within a 24 month period of the third violation, an administrative penalty of $700.00 750.00 shall be imposed, the license to sell tobacco. tobacco products. and tobacco-related devices. nicotine or lobelia delivery devices teeaeee er teeaeee related de\'iees shall be revoked and the licensee shall not be entitled to another license for one calendar year. An individual, other than a licensee, who sells tobacco, tobacco products, and tobacco- related devices. nicotine or lobelia delivery devices teeaeee er teeaeee related devises to a minor shall be charged an administrative penalty of $50.00. 2. Citation. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. The person may either admit to the violation by paying the administrative fee or may request a hearing. 3. Hearing Procedure. !fa person accused of violating this Ordinance requests a hearing to the County Auditor, a hearing shall be scheduled before the Otter Tail County Board of Commissioners, and shall be open to the public. a. Notice. A person accused of violating the Ordinance shall be given notice of the hearing. The notice shall include a statement of the time, place and nature of the hearing, and a reference to the section of the Ordinance involved. b. Conduct of the hearing. The accused may be represented by counsel. The County shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to respond to and present evidence, cross-examine witnesses and present argument. c. Burden of Proof. The County shall have the burden of proving a violation of the Ordinance by a preponderance of the evidence, and all findings of fact, conclusions and decision by the County Board shall be based on evidence presented and matters officially noticed. d. Evidence. All evidence which possesses probative value, including hearsay, may be admitted if it is the type of evidence on which prudent persons are accustomed to rely in the conduct of their serious affairs. Evidence that is incompetent, irrelevant, immaterial or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the written notice of hearing. 4. Decision. Following the hearing, the County Board shall make written findings, and if a violation is found to have occurred, shall impose the administrative penalties outlined in this Ordinance. A copy of the Findings and Order shall be provided to the person accused. OTC Board of Commissioners' Minutes July 5, 2011 Attachment B, Page 7 5. Appeals. Appeals of any decision made by the County Board shall be filed in the District Court. C. Criminal penalties. Any violation of the terms or provisions of this Ordinance constitutes a misdemeanor, subject to a fine of up to $700.00 and imprisonment not to exceed 90 days. A minor violating the terms and provisions of this Ordinance shall be subject to dispositions authorized by Minnesota Statutes, Chapter 260, including §260. I 95. D. Exceptions and defenses. Nothing in this Ordinance shall prevent the providing of tobacco, tobacco products, and tobacco-related devices, nicotine or lobelia delivery devices tobaeeo or tobaeeo related deYiees to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony or the sale of tobacco-related devices when sold in a venue for historical purposes and not in conjunction with other tobacco, tobacco products, nicotine or lobelia delivery devices! It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by state law. E. Effective date. This Ordinance shall be effective on and after January I, 1999 and August 15, 2011 for revisions to the ordinance. Passed and approved this 24 day of November, 1998. OTTERTAIL COUNTY BOARD OF COMMISSIONERS By: Malcolm Lee, Chair ATTEST: Larry Krohn, Clerk Passed and am this 5 day of July, 201 I. B : in Chair ATTEST: Larry Krohn, I erk