HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/01/2012MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
515 W. Fir Avenue, Fergus Falls, MN
May 1, 2012
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, May 1, 2012 at 9:30 a.m., at the Otter
Tail 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 Agenda
Chairman Rogness called for approval of the May 1, 2012 agenda. Motion by Johnson, second by
Froemming, and unanimously carried to approve the Board of Commissioners agenda of May 1, 2012 with
the following additions:
Closed Session Regarding 60 Bed CD Facility
Under General Discussion -Productive Alternative Financing &
Correspondence Regarding Construction Representative
Approval of Minutes
Motion by Huebsch, second by Lindquist, and unanimously carried to approve the Board of Commissioners
meeting minutes of April 24, 2012 as mailed.
Approval to Pay Bills
Motion by Lindquist, second by Froemming, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
PROCLAMATION
In Support of
"NATIONAL DRUG COURT MONTH"
Otter Tail County Resolution No. 2012 -28
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, Drug Courts are a proven budget solution that benefit all facets of society; and
WHEREAS, Drug Courts are essential component of our justice system which save vast criminal justice
resources and keep individuals out of jail and engaged with their communities as
productive, tax-paying citizens; and
WHEREAS, Drug Courts are the most effective tool in the criminal justice system for saving money,
cutting crime and serving veterans; and
WHEREAS, results of more than 100 program evaluations and at least four meta-analytic studies have
yielded definitive evidence that Drug Courts significantly improve substance-abuse
treatment outcomes, substantially reduce drug abuse and crime, and do so at less expense
than any other justice strategy; and
WHEREAS, Drug Courts facilitate community-wide partnerships, bringing together public safety and
public health professionals in the fight against drug abuse and criminality; and
OTC Board of Commissioners' Minutes
May 1, 2012
Page2
WHEREAS, The Drug Court movement has grown from the 12 original Drug Courts in 1994 to over
2,600 operational Drug Courts; and
WHEREAS, Drug Courts demonstrate that when one person rises out of drugs and crime we ALL RISE;
and
WHEREAS, Otter Tail County has joined in the support of "Drug Courts" by implementing the DWI
Court, March 2008 and the Family Dependency Treatment Court, July 2008.
THEREFORE, BE IT RESOLVED, that Otter Tail County declares that a "Drug Court Month" be
established during the Month of May, 2012, recognizing the significant contributions Drug Courts have
made toward reducing substance abuse, crime, and recidivism while saving valuable resources.
Commissioner Lindquist seconded the motion and upon being put to a vote, the resolution was
unanimously adopted.
Commissioner, Chair
Date
Aquatic Invasive Species IAIS} Amended Grant Agreement
Motion by Lindquist, second by Johnson, and unanimously carried to authorize the appropriate County
Officials' signatures to execute an amended agreement between Otter Tail County and the Minnesota
Department of Natural Resources (DNA) for grant funding for AIS prevention and management.
AIS Watercraft Inspector Positions
Bill Kalar, Land & Resource Administrator, discussed progress with the AIS Task Force and hiring of three
County AIS Watercraft Inspectors. Lengthy discussion took place regarding supervision and assistance for
the Inspectors as they will be educating the public, but do not have enforcement authority. Discussion took
place regarding the possibility of lake associations hiring their own Watercraft Inspectors if they have
funding. Mr. Kalar will meet with the AIS Task Force on May 2, 2012 and return to the Board of
Commissioners with a recommendation.
Commuting with County Vehicles
Motion by Huebsch, second by Johnson, and unanimously carried to authorize Highway Engineering
Technicians, Wade Bugbee and Jerry Loken, to commute with County vehicles while working on CSAH 36
and CSAH 83 overlay projects as recommended by the Public Works Director.
Bid Award and Recommendation for S.P. 056-070-004. HSIP 56121167)
After previously advertising for bids for shouldering, paving, and rumble stripe, bids were opened on
April 25, 2012 as follows:
Central Specialties, Inc.
Alexandria, MN
Knife River Materials
Bemidji, MN
Mark Sand & Gravel Co.
Fergus Falls, MN
OTC Board of Commissioners' Minutes
May 1, 2012
Page 3
$225,150.20
$256,091.06
$286,281.00
Motion by Johnson, second by Lindquist, and unanimously carried to award S.P. 056-070-004 (HSIP 5612-
167) to Central Specialties, Inc. of Alexandria, MN as the low bidder in the amount of $225,150.20.
Bid Award and Recommendation for S.P. 056-070-005. HSIP 5612 {173)
After previously advertising for bids for installation of enhanced intersection signage pavement markings,
bids were opened on April 25, 2012 as follows:
Traffic Marking Service, Inc.
Maple Lake, MN
AAA Striping Service Co.
St. Michael, MN
Century Fence Company
Forest Lake, MN
Northstar Safety, Inc.
West Fargo, ND
$158,128.75
$170,527.50
$212,840.50
$314,952.50
Motion by Froemming, second by Huebsch, and unanimously carried to award S.P. 056-070-005 (HSIP
5612-173) to Traffic Marking Service, Inc. of Maple Lake, MN as the low bidder in the amount of
$158,128.75.
Bid Award and Recommendation for C.P. 12:TM
After previously advertising for bids for county wide traffic marking, bids were opened on April 25, 2012 as
follows:
AAA Striping Service Co.
St. Michael, MN
Traffic Marking Service, Inc.
Maple, Lake, MN
$258,489.70
$263,256.05
Motion by Johnson, second by Lindquist, and unanimously carried to award C.P. 12:TM to AAA Striping
Service Co. of St. Michael, MN as the low bidder at the bid price of $258,489.70.
Highway Contract
Motion by Froemming, second by Johnson, and unanimously carried to authorize the appropriate County
Officials' signatures to execute a contract between the County of Otter Tail and Wadena Asphalt, Inc. of
Wadena, MN for seasonal supply of hot mix bituminous during the 2012 construction season contingent
upon the review and approval of the County Attorney.
OTC Board of Commissioners' Minutes
May 1, 2012
Page4
Recess & Reconvene
At 10:17 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 10:20 a.m.
Emergency Response Tabletop Exercise
Patrick Waletzko, County Emergency Manager, provided an Executive Summary regarding the "Role of
Elected Officials" tabletop exercise that was conducted on March 20, 2012. The summary included crisis
communication using a tornado scenario for the exercise. Mr. Waletzko reviewed recommendations
resulting from the exercise which will be reviewed and implemented as necessary throughout the next
year. Other training possibilities were discussed.
MIR3 Demonstration
Mr. Waletzko demonstrated the use of MIR3 communication by cell phone with the Commissioners. Work
will continue with the system enhancing the availability to current users.
Work Release Agreement
Motion by Froemming, second by Huebsch, and unanimously carried to authorize the appropriate County
Officials' signatures to execute an agreement between the County of Otter Tail and the Minnesota
Department of Corrections (DOC) to continue the work release program for the period of July 1, 2012
through June 30, 2013.
Recess & Reconvene
At 10:42 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 11 :03 a.m.
Social Host Ordinance
Chairman Rogness opened the Public Hearing for consideration of a proposed Social Host Ordinance.
Jane Patrick, Coordinator of the Family Services Collaborative, Steve Adams from the City of Fergus Falls
Police Department, and various County officials spoke in favor of the Ordinance to reduce minor alcohol
consumption. Discussion took place regarding Section (D) (1) (e) of the proposed Ordinance. Motion by
Johnson and seconded by Huebsch to adopt the Social Host Ordinance as submitted and shown as
Attachment B of these minutes. Chairman Rogness called for a roll call vote:
Board of County Commissioners YEA NAY ABSENT ABSTAIN
Roger Froemming X
Wayne D. Johnson X
Doug Huebsch X
Leland R. Rogness X
John Lindquist X
The Social Host Ordinance will be effective upon the date of its publication.
Temporary Financial Worker Staff
John Dinsmore, Community Services Director, presented a solution to process the caseload backlog in the
income maintenance program area. He presented the Board with backlog statistics and a request to hire
temporary financial workers. Motion by Huebsch, second by Lindquist, and unanimously carried to
authorize the temporary hiring of financial workers (up to 10) from neighboring counties to work on
designated Saturdays to catch up on the existing backlog of income maintenance applications/cases.
National Association of Counties {NACOi Membership for 2012
Mr. Dinsmore presented NACO education information and spoke in favor of their meetings, education and
research. In light of this new information, a motion was offered by Johnson, second by Huebsch and
carried with Lindquist opposed, to approve the 2012 NACO membership fees.
OTC Board of Commissioners' Minutes
May 1, 2012
Page 5
Recess & Reconvene
At 11 :36 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 11 :40 a.m.
License Application
Motion by Johnson, second by Froemming, and unanimously carried to approve the following application
for licenses as submitted. Motion carried.
Wee Villa Lodge On-Off-Sale 3.2 Malt Liquor
31126 County Highway 27
Fergus Falls, MN 56537
Zorbaz on Pelican Lake
51709 County Highway 9
Pelican Rapids, MN 56572
Tobacco
Payment Approval
Motion by Lindquist, second by Huebsch, and unanimously carried to approve payment, in the amount of
$1,466.28, from the Capital Improvement Fund (Phelps Mill Account) to Kadrmas, Lee and Jackson, Inc.
for design engineering services provided for the Historic Phelps Mill Bridge Restoration project
(S.P. 56-090-07) through the period ending March 24, 2012.
Request for Forgiveness of Penalty and Interest
Motion by Lindquist, second by Huebsch, and unanimously carried to deny the forgiveness of penalty
request of Diana Shaw for the abatement of accumulated penalty, interest and costs as of May 1, 2012 in
the amount of $151.87.
Redistricting Plan
Wayne Stein, Auditor, referred to a phone call received from Amor Township and a letter written by
Merv and Phyllis Freeman in regards to the redistricting plans presented at the recent Public Hearing.
Discussion took place regarding the request brought forward to combine a major portion of the lakes area
into one district which could put a large burden on one commission district representative. Several
Commissioners also indicated that in the next ten years, there is the potential for a significant population
shift due to baby boomer retirements. For these reasons, Commissioner Johnson offered a motion,
seconded by Commissioner Froemming, to adopt the following Redistricting Plan (1) Resolution with a roll
call vote as follows:
Board of County Commissioners
Wayne D. Johnson
Doug Huebsch
Leland R. Rogness
John Lindquist
Roger Froemming
YEA
X
X
X
X
X
NAY ABSENT
Redistricting Plan
Otter Tail County Resolution No. 2012 -29
ABSTAIN
Resolved by the Board of County Commissioners of Otter Tail County, Minnesota, that
WHEREAS, Minnesota Statutes Chapter 375 established the procedure and requires a process for
redistricting County Commissioner districts based on population figures from the Federal Census; and
OTC Board of Commissioners' Minutes
May 1, 2012
Page6
WHEREAS, the 201 O Federal Decennial Census has been completed, and
WHEREAS, congressional and legislative districts affecting Otter Tail County have been finalized, and
WHEREAS, Minnesota Statue section 204B.135, Subdivision 2 requires that County Commissioner
Districts be redistricted within 80 days of when the legislature has been redistricted or at least 15
weeks before the state primary election, whichever comes first; and
WHEREAS, pursuant to Minnesota Statute 375.025 Subdivision 1, County Commissioner Districts
shall be contiguous, compact and as equal in population as practicable; and
WHEREAS, pursuant to these statutes, the 201 O Federal Census population figures shall be used to
redistrict the Otter Tail County Commissioner Districts by May 1, 2012, and that Commissioner
Districts shall be bounded by town, municipal, ward, city district, or precinct lines; and
WHEREAS, the Otter Tail County Board of Commissioners has considered the possibility or potential
for maximizing minority representation on the Board of Commissioners; and
WHEREAS, pursuant to Minnesota Statute 375.025 Subdivision 1, Notice of Public Hearing and Intent
to Consider Plan(s) for Redistricting of County Commissioner Districts was given in the Fergus Falls
Daily Journal, the newspaper having the contract for publishing the commissioner's proceedings for
the County for 2012, on Tuesday, April 3, 2012, on Tuesday, April 10, 2012, and on Tuesday,
April 17, 2012 and notice was also given during the week of April 1, 2012 in the following weekly
papers:
Citizen Advocate -Henning
East Otter Tail Focus -New York Mills and Perham
Frazee-Vergas Forum
Pelican Rapids Press
Review Enterprises, Inc. -Battle Lake
The Independent -Parkers Prairie; and
WHEREAS, upon proper notice being given, the Otter Tail County Board of Commissioners conducted the
required public hearing on redistricting at 10:00 a.m. on Tuesday, April 24, 2012:
WHEREAS, the Chair of the Otter Tail County Board of Commissioners requested public comments before
the public hearing was closed to the public, and
WHEREAS, prior to the public hearing, the Otter Tail County Redistricting Committee reviewed, considered
and discussed various options, the Otter Tail County Board of Commissioners were provided infonmation
regarding each option considered by the committee prior to the public hearing and, at the public hearing,
plans which comply with the provisions and requirements of Minnesota Statute 375.025 Subdivision 1 were
considered:
NOW, THEREFORE BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby
redistricts the County of Otter Tail, following town, municipal, ward, city district, or precincts lines as
reestablished at the public hearing held at 10:00 a.m. on Tuesday, April 24, 2012 and as identified in the
table below, and reestablished the length of tenms as follows:
OTC Board of Commissioners' Minutes
May 1, 2012
Page?
First Commissioner District -4 year term, 2012 Election
Second Commissioner District -continuation of term, 2014 Election
Third Commissioner District -4 year term. 2012 Election
Fourth Commissioner District-continuation of term, 2014 Election
Fifth Commissioner District -4 year term, 2012 Election
Second Third Commissioner Fourth
First Commissioner Commissioner District Commissioner
District District District
Blowers Townshin Aurdal Townshio Aastad Townshio Amor Townshio
Butler Townshin, Candor Townshin Buse Townshin Bluffton Townshio
Corliss T ownshio Dora T ownshio Carlisle Townshio Comoton Townshio
Dead Lake Townshin Dunn Townshin Clitherall Townshin Deer Creek Townshio
Edna Township Elizabeth Township Dane Prairie Eastern Township
Townshin
Gorman Township Erhards Grove Eagle Lake Township Effington Township
Townshio
Hobart Townshin Fribern Townshin Everts Townshin Elmo Townshin
Homestead Lida Township Fergus Falls Township Folden Township
Townshin
Newton Township Maplewood Township Leaf Mountain Girard Township
Townshio
Paddock Township Norwegian Grove Orwell Township Henning Township
Townshin
Perham Townshin Pelican Townshin Oscar Townshin Inman Townshin
Pine Lake Townshin Scambler Townshio St Olaf Townshio Leaf Lake Townshio
Rush Lake Townshin Star Lake Townshin Sverdrun Townshin Maine Townshin
City of Dent City of Elizabeth Tordenskjold Nidaros Township
Townshin
City of New York City of Erhard Trondhjem Township Oak Valley Township
Mills
Citv of Perham Citv of Pelican Ranids Tumuli Townshin Otter Tail Townshin cliv of Richville Citv of Veraas Western Townshio Otto Townshio
City of Battle Lake Parkers Prairie
Townshio
Citv of Dalton Woodside Townshio
cTtv of Feraus Falls -Citv of Bluffton
Ward 1 Precinct 2 Citv of Clitherall
Citv of Rothsav Citv of Deer Creek
Citv of Underwood Citv of Henninn
Citv of Ottertail
Citv of Parkers Prairie
Citv of Urbank
Citv of Vinina
Citv of Wadena
Fifth Commissioner
District
Feraus Falls Citv
Ward 1 Precinct 1
Ward 2 Precinct 1
Ward 2 Precinct 2
Ward 3 Precinct 1
Ward 3 Precinct 2
Ward 4 Precinct 1
BE IT RESOLVED, that the Otter Tail County Administrator is directed to file the redistricting plan with the
County Auditor's office on or before May 1, 2012 to be effective on or before, June 1, 2012 (31 st day after
filing) for the 2012 primary and general elections and the County Auditor's office is hereby directed to
publish the congressional, legislative and county commissioner district plan for Otter Tail County, to post
the plan in the office of the County Auditor, to file the County Commissioner District plan with the office of
the Secretary of State and to notify the cities and townships of the new County Commissioner District plan, . ,:
BE IT FINALLY RESOLVED that the districts are, for illustrative purposes, identified in a map of the county
attached hereto and marked Attachment C which by reference is hereby made a part hereof.
OTC Board of Commissioners' Minutes
May 1, 2012
Pages
Adopted at Fergus Falls, Minnesota, this 1st day of May, 2012.
Dated: -~O.._s.,..,..lc-?8."-+/,_9~0~1~.;)., ___ _ _, r I
Closed to the Public
MMISSIONERS
At 12:07 p.m., Chairman Rogness declared the Board of Commissioner's meeting closed to the public to
discuss attorney/client privileged information regarding litigation (Otter Tail County vs. Young & Associates
et al) concerning construction issues at the 60 Bed CD Facility. Present were all five seated
Commissioners, County Attorney, County Administrator and Board Secretary.
Recess & Reconvene
At 12:20 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for lunch break. The meeting was reconvened at 12:52 p.m.
800 MHz Communication System Planning
Sheriff Schlueter, Matt McGuire, and Judy Siggerud, the 800 MHz Communication System Planning Team,
spoke to the Board regarding financing of the 800 MHz radios for fire departments. They reported that the
West Otter Tail County grant application for radios was not approved. Discussion took place regarding
how the grant received for East Otter Tail County fire department radios can be used. Commissioners
indicated that funding needs to be determined for radios for the whole County taking into consideration the
grant, the required local match, and other factors. The Planning Team will return to the Board in two
weeks with a recommendation.
Courthouse Remodeling
Discussion took place regarding professional services that could be provided by a Construction
Representative for the Courthouse remodeling project. Commissioners referred this possibility to the
Building Committee.
Productive Alternative Financing Request
Kent Mattson appeared before the Board on behalf of Productive Alternatives. He indicated that PA
wishes to refinance some debt associated with the Detox Center and debt associated with expansion of a
few other programs. He reported total financing needs of about 1.8 million dollars. Otter Tail County could
act as a pass through for the refinancing; however, would not be responsible for the debt. The County's
Bond Counsel will be contacted. A resolution adopting a series of actions and establishing a Public
Hearing is required.
Adjournment
At 1 :50 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 9:30 a.m. on Tuesday, May 8, 2012.
Dated: __,D,,,5J.+-4/b..,€._,/....,;;i_c..co=I=~=---
Larry K hn, Clerk
CB/kd
OTC Board of Commissioners' Minutes
May 1, 2012
Attachment A, Page 1
WARRANTS APPROVED ON 5/01/2012
Vendor Name
A-1 LOCK&K:E\"
A\iands Uc
AUTOFIX
Bachman Plinting Companies
BOYER/RODt,,.'EY
Can>' s lake Countly Supermarket
CDW Government Inc
Cheshire/Ryan C
Citizens Adnicate
CO OP Sen ices Inc
Comstock Construction Of Mn
Concept Catering
Coopers Technology Group
D & lf s Peiham Bakery
Dakota Prtnters u.c
Dalton Spons And Repair
Dick's Standard
Farmers Co Op Oil Assn
Fergus Power PUmp Inc
Fritz Electric
G & R Controls
GILLIJIIAIUON
Godfathers El.."terminating Inc
Gorham Oien Mechanical Inc
Grainger Inc
GRASSL~ ll\lAGES CUSTOMPRDITING
H & R Construction Co
HARRIS/lll!CR.\EI.
Haugrud/Bruce M
!ti Patch Company Inc
J c· s General Store
JOSEPH MAKO APPRAISALS
Kiefer Companies/The
Lakes Area CooJ)'!rative
Lapos/Elizabeth
Larry Ott Inc Truck Senice
Larson/Paul
Larum/Pat
Lawson Products Inc
I..EE/1HOJ\U.S
Leitch Ei..u, ·a ting
Locators & SUpphes Inc
Amount
62.07
7,651.30
37.04
222.94
181.05
10.67
20,340.25
46.58
27.00
85.46
26,229.95
993.93
56.60
61.60
291.00
13.37
27.83
1,663.25
360.00
50,590.90
483.25
276.51
1,014.93
247.48
492.93
1,334.80
138.94
262.08
163.00
430.17
15.35
4,100.00
66.96
1,270.50
125.75
1,595.00
454.23
148.74
539.14
424.82
7,210.80
139.95
OTC Board of Commissioners' Minutes
May1,2012
Attachment A, Page 2
Vendor Name
Long Weekend Sportswear
MANN/R,\NDAll
Marco Inc St Louis
MASKE/lARRY J
Mekalson Hydraulics Inc
Midstates Equipment & Supply
Mn Bw-eau Of Criminal Apprehension
MN DEPT OF L'\BOR AND INDUSTRY
Napa Fergus Falls
NAPA Of Perham
Nelson Auto Center
Northern Irrigation Contractors Inc
Northland Business Systems Inc
Northwest Divers
Occupational Development Center Inc
Officemax Incorporated
Olson Oil Co Inc
Otis Elevator Co
oner Tail Co Solid Waste
oner Tail Telcom
onertail Trucking Inc
Overland Mechanical Sen ices
Pelican Rapids Press
Performance Pa\ing
Phoenix Supply
PINE PLAZA TI' & • .\PPUA',CE
Praxair Disrribution Inc
PROFORM.\
OUill Corporation
RDO Trust #80-6130
Real Vision Software Inc
Reliable Office Supplies
S.W.Inc
SBLC FF
SCHIERER/STEVE
Senice Food Super Valu
South Mill Sen ice
State Indusrrial Products
Steins Inc
Streichers
Thrssen Krupp Ele\·ator Corporation
Titan Access Account
Victor Lundeen Company
Volden Construction Inc
Waste Management
West Paiment Center
\VU.SON/WARREN R
Woessner Construction Inc
Ziegler Inc
Final Total:
Amount
60.00
307.10
2,661.74
258.20
199.85
70,232.02
10.00
10.00
121.61
264.04
111,864.69
70.00
636.32
2,136.43
1,830.32
146. 76
40.00
124.24
1,332.41
4,762.50
8,535.50
223,254.50
2,030.33
165.00
450.98
107.38
128.20
1,035.07
314.75
65.65
4,566.37
281.72
425.00
39.26
292.67
16.56
40.55
266.67
2,631.00
497.05
479.76
303.07
156.94
76.00
25,397.46
146.96
522.55
2,606.36
2,099.60
604,295.90
The County Board of Otter Tail County ordains:
SOCIAL HOST ORDINANCE
OTC Board of Commissioners' Minutes
May 1, 2012
Attachment B, Page 1
(A) Purpose and Findings. The Otter Tail County Board intends to discourage underage possession
and consumption of alcohol, even if done within the confines of a private residence, and intends to
hold persons criminally responsible who host events or gatherings where persons under 21 years of
age possess or consume alcohol regardless of whether the person hosting the event or gathering
supplied the alcohol. The Otter Tail County Board finds that:
(1) Events and gatherings held on private or public property where alcohol is possessed or
consumed by persons under the age of twenty-one are harmful to those persons and
constitute a potential threat to public health requiring prevention or abatement.
(2) Prohibiting underage consumption acts to protect underage persons, as well as the general
public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-
related traffic collisions.
(3) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those
who use it as well as those who are affected by the actions of an irresponsible user.
(4) Often, events or gatherings involving underage possession and consumption occur outside
the presence of parents. However, there are times when the parent(s) is/are present and,
condone the activity, and in some circumstances provide the alcohol.
(5) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to
prove, and an ordinance is necessary to help further combat underage consumption.
(6) A deterrent effect will be created by holding a person criminally responsible for hosting an
event or gathering where underage possession or consumption occurs.
(8) Authority. This ordinance is enacted pursuant to Minn. Stat. § 145A.05.
(C) Definitions. For purposes of this ordinance, the following terms have the following meanings:
(1) Alcohol. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey,
rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from
whatever source or by whatever process produced.
(2) Alcoholic beverage. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and
every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of
one percent or more of alcohol by volume and which is fit for beverage purposes either alone
or when diluted, mixed, or combined with other substances.
(3) Event or gathering. "Event or gathering" means any group of three or more persons who
have assembled or gathered together for a social occasion or other activity.
(4) Host. "Host" or "Allow" means to aid, conduct, entertain, organize, supervise, control, or
permit a gathering or event.
OTC Board of Commissioners' Minutes
May 1, 2012
Attachment B, Page 2
(5) Parent. "Parent" means any person having legal custody of a juvenile:
(a) As natural, adoptive parent, or step-parent;
(b) As a legal guardian; or
(c) As a person to whom legal custody has been given by order of the court.
(6) Person. "Person" means any individual, partnership, co-partnership, corporation, or any
association of one or more individuals.
(7) Residence or premises. "Residence" or "premises" means any home, yard, farm, field,
land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting
room, park, or any other place of assembly, public or private, whether occupied on a
temporary or permanent basis, whether occupied as a dwelling or specifically for a party or
other social function, and whether owned, leased, rented, or used with or without permission
or compensation.
(8) Underage person. "Underage person" is any individual under twenty-one (21) years of age.
(D) Prohibited Acts.
(1) It is unlawful for any person(s) to:
(a) Host or allow an event or gathering;
(b) At any residence, premises, or on any other private or public property;
(d) Where alcohol or alcoholic beverages are present;
(e) When the person knows or reasonably should know that an underage person will or
does:
(i) consume any alcohol or alcoholic beverage; or
(ii) possess any alcohol or alcoholic beverage with the intent to consume it;
and the person fails to take reasonable steps to prevent possession or
consumption by the underage person(s).
(2) A person is criminally responsible for violating Subdivision D (1) above if the person
intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to
commit the prohibited act.
(3) A person who hosts an event or gathering does not have to be present at the event or
gathering to be criminally responsible.
(E) Exceptions.
OTC Board of Commissioners' Minutes
May 1, 2012
Attachment B, Page 3
(1) This ordinance does not apply to conduct solely between an underage person and his or
her parents while present in the parent's household.
(2) This ordinance does not apply to legally protected religious observances.
(3) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor
licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn.
Stat. §340A.503 Subd. 1(a)(1).
(4) This ordinance does not apply to situations where underage persons are lawfully in
possession of alcohol or alcoholic beverages during the course and scope of employment.
(5) This ordinance does not apply to landlords who are not present during any activities
prohibited under section (D)(1 ).
(F) Enforcement. This ordinance can be enforced by any peace officer.
(G) Severability. If any section, subsection, sentence, clause, phrase, word, or other portion of this
ordinance is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of
competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or
invalidity shall not affect the validity of the remaining portions of this law, which remaining portions
shall continue in full force and effect.
(H) Penalty. Violation of Subdivision D is a misdemeanor.
This Ordinance will become effective upon publication.
Dated: Maz;2 ~
Attest: ~
Larry Kr hn, Clerk
oz~ Commissioners
Leland R. Rogness, Chair
Otter Tail County 2010 Census Population by Precinct
Plan 1 -Existing
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OTC Board of Commissioners' Minutes
May 1, 2012
Attachment C, Page 1