HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/06/2002,. .
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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Otter Tail County Courthouse
Commissioners' Room, Floor 1-B
Tuesday,AugustS,2002
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, August 6, 2002, at 9:31 a.m. at
the Otter Tail County Courthouse with Dennis Mosher, Chair; Malcolm Lee, Vice-Chair;
Syd Nelson, Roger Froemming, and Bob Block present.
Approval of Agenda
Motion by Lee, second by Froemming, and unanimously carried to approve the County Board
agenda of August 6, 2002, with the following changes:
10:20 a.m., cancel -County Ditches
10:20 a.m. -Perham Resource Recovery Facility
10:50 a.m. -Weed Issue
Communication Regarding Remodeling Project(s)
Approval of Minutes
Motion by Nelson, second by Froemming, and unanimously carried to approve the County Board
minutes of July 30, 2002, as mailed.
Approval to Pay Bills
Motion by Lee, second by Nelson, and unanimously carried to, approve payment of County Board
bills per Attachment A of these minutes.
Building at RTC Location -Foundation Bid Package
Physical Plant Manager, Rick Sytsma, requested permission to advertise for a Foundation
Package to include footings and excavation for the addition on the Northeast corner of the building
located .at the RTC site. The Engineer's estimate on the project is $290,000 and is included in the
budget: Motion by Lee, second by Nelson, and unanimously carried to authorize the Physical
Plant Manager and Architect to proceed with the Foundation Bid Package for the building at the
RTC location.
RESOLUTION ESTABLISHING PROCEDURES
RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
Otter Tail County Resolution No. 2002 -47
Commissioner Lee offered the following and moved its adoption:
BE IT RESOLVED by the County Board of Commissioners (the "County Board") of the County of
Otter Tail, Minnesota (the "County"), as follows:
1. Recitals:
(a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as
the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement
OTC Board of Commissioners' Minutes
August 6, 2002
Page 2
bond" proceeds, being proceeds of the County's bonds used to reimburse the County for any n
project expenditure paid by the County prior to the time of the issuance of those bonds. \i/1111
(b) The Regulations generally require that the County make a declaration of intent to
reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds,
that such declaration be made not later than 60 days after the expenditure is actually paid, and
that the bonding occur and the written reimbursement allocation be made from the proceeds of
such bonds within 18 months after the later of (1) the date of payment for the expenditure or (2)
the date the project is placed in service (but in no event more than 3 years after actual
payment).
(c) The County heretofore implemented procedures for compliance with the predecessor
versions of the Regulations and desires to amend and supplement those procedures to ensure
compliance with the Regulations.
(d) The County's bond counsel has advised the County that the Regulations do not apply,
and hence the provisions of this Resolution are intended to have no application to payments of
County project costs first made by the County out of the· proceeds of bonds issued prior to the
date of such payments.
2. Official Intent Declaration: The Regulations, in the situations in which they apply, require
the County to have declared an official intent (the "Declaration") to reimburse itself for previously
paid project expenditures out of the proceeds of subsequently issued bonds. The County Board
hereby authorizes the County Auditor to make the County's Declarations or to delegate from time Q
to time that responsibility to other appropriate County employees. Each Declaration shall comply
with the requirements of the Regulations, including without limitation the following:
(a) Each Declaration shall be made not later than 60 days after payment of the applicable
project cost and shall state that the County reasonably expects to reimburse itself for the
expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be
made substantially in the form of the Exhibit A which is attached to and made a part of this
Resolution, or in any other format which may at the time comply with the Regulations.
(b) Each Declaration shall (1) contain a reasonably accurate description of the "project" as
defined in the Regulations (which may include the property or program to be financed, as
applicable), to which the expenditure relates and (2) state the maximum principal amount of
bonding expected to be issued for that project.
(c) Care shall be taken so that the County, or its authorized representatives under this
Resolution, not make Declarations in cases where the County does not reasonably expect to
issue reimbursement bonds to finance the subject project costs, and the County officials are
hereby authorized to consult with bond counsel to the County concerning the requirements of
the Regulations and their application in particular circumstances.
(d) The County Board shall be advised from time to time on the desirability and timing of
the issuance of reimbursement bonds relating to project expenditures for which the County has Q
made Declarations.
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OTC Board of Commissioners' Minutes
August6,2002
Page 3
3. Reimbursement Allocations: The designated County officials shall also be responsible for
making the "reimbursement allocations" described in the Regulations, being generally written
allocations that evidence the County's use of the applicable bond proceeds to reimburse the
original expenditures.
4. Effect: This Resolution shall amend and supplement all prior resolutions and/or procedures
adopted by the County for compliance with the Regulations (or their predecessor versions), and,
henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and
govern.
Commissioner Froemming seconded the motion and upon being put to a vote, the resolution was
unanimously adopted.
Adopted at Fergus Falls, Minnesota, this 6th day of August, 2002.
Dated: 09;-/2>-6 d"""" OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest ~ !fl[_
Larry Kroh: Clek
By:&dzL
Dennis R. Mosher, County Board Chair
Exhibit A of Resolution No. 2002 -47
Declaration of Official Intent
The undersigned, being the duly appointed and acting County Auditor of the County of Otter
Tail, Minnesota (the "County"), pursuant to and for purposes of compliance with Treasury
Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as
amended, hereby states and certifies on behalf of the County as follows:
1. The undersigned has been and is on the date hereof duly authorized by the County
Board of Commissioners to make and execute this Declaration of Official Intent (the "Declaration")
for and on behalf of the County. ·
2. This Declaration relates to the following project, property, or program (the "Project")
and the costs thereof to be financed:
Remodeling projects at the Otter Tail County Building located on the Regional Treatment
Center grounds, the Otter Tail County Courthouse building, and the New York Mills office
building.
3. The County reasonably expects to reimburse itself for the payment of certain costs of
the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by
the County after the date of payment of such costs. As of the date hereof, the County reasonably
expects that $11,500,000 is the maximum principal amount of the Bonds which will be issued to
finance the Project.
4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure
or a cqstofissuance, or any of the other types of expenditures described in Section 1.150-2(d)(3)
of the Regulation·s. -
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August 6, 2002
Page 4
5. As of the date hereof, the statements and expectations contained in this Declaration
are believed to be reasonable and accurate.
Date: 68"-/ 3-0 d--
u l~ 5tJ,;,.,, County itor
County~ Tail, Minnesota
Marin Bay Condominium Permit Modification
Motion by Nelson, second by Froemming, and unanimously carried to authorize a temporary,
partial recording of the Marin Bay Condominium, subject to recording the complete property within
one year. All other conditions of the Conditional Use Permit for Marin Bay Condominiums
(formerly Leonard's Resort) approved on May 1, 2001, remain in effect.
Preliminary Engineering Agreement -Maplewood State Park
Motion by Lee, second by Block, and unanimously carried to authorize the Highway Engineer to
enter into an agreement between the County of Otter Tail and the Minnesota Department of
Natural Resources for preliminary design work on the park access road from TH 108 to the
Maplewood Park station. The State. will reimbur~e the County for this design work not to exceed
$5,000. '· i. •.' .· ... \ ·
Final Payment-Box Culvert Projects
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Motion by Lee, second by Nelson, and unanimously carried to approve final payment per Estimate
No. 7, payable to Riley Bros. Construction, Inc., in the amount of $15,251.94, for S.A.P. 56-599-49, Q
S.A.P. 56-599-50, and S.A.P. 56-635-29 (box culverts, grading, and surfacing).
Final Payment-Mechanical Contract at Fergus Falls Garage
Motion by Lee, second by Froemming, and unanimously carried to approve final payment per
Estimate No. 4, payable to Dakota Heating & Plumbing, Inc., in the amount of $31,930.00, for the
heating and air exchange system at Fergus Falls Garage No. 1.
Annual 2001 Highway Department Report
Mr. West presented the 2001 Annual Report of the Otter Tail County Highway Department.
Mr. West stated that it summarizes all highway activities for CY2001 with project cost details.
Waste Management in Pelican Rapids
Solid Waste Director, Mike Hanan, reported that the City of Pelican Rapids would like the County
to expand waste disposal services in Pelican Rapids. Commissioner Lee stated that the City of
Pelican Rapids would like the transfer station to be set up similar to the Battle Lake Transfer
Station with expanded services. The proposed expanded Transfer Station would be located on
City property. Motion by Lee, second by Froemming, and unanimously carried to proceed with
planning and design work for expanded waste disposal services at the transfer location in the City
of Pelican Rapids.
Perham Resource Recovery Facility
bPedrhamt fCityCAYd2m
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istfratotrh, Bopb LhouiseRau, pr!:lsentRed the reviFse~
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_btudgeMt forLCY2002 and_ propdostehd Q
u ge or or e er am esource ecovery acI 1 y. r. ouiseau revIewe e
financial losses experienced by unforeseen mechanical failures and downtime for the facility. The
County Coordinating Committee considered several solutions and recommends that an additional
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OTC Board of Commissioners' Minutes
August 6, 2002
Page 5
$1,260,000 in bonds be issued to meet the immediate revenue requirements of the facility.
Lengthy discussion followed.
Perham Resource Recovery Facility
Otter Tail County Resolution No. 2002 -48
Commissioner Froemming offered the following and moved its adoption:
WHEREAS, Otter Tail County has entered into a Waste Supply Agreement with the City of Perham
to supply waste for incineration in the amount of 12,672 tons annually at the Perham Resource
Recovery Facility; and
WHEREAS, the Facility has experienced unforeseen problems during construction and startup that
have increased capital costs and reduced revenues for payment capitalize interest; and
WHEREAS, the County Coordinating Committee, made up of representatives from Tri-County
Solid Waste Commission, Otter Tail, Todd, and Wadena Counties and the City of Perham,
unanimously recommended the Facility issue additional bonds in the estimated amount of
$1,260,000 to cover additional capital costs and capitalized interest; and
WHEREAS, the issuance of said bonds will require each County to guarantee a pro rata share of
the bonds pursuant to Appendix C of the Waste Supply Agreement.
NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County hereby agrees to guarantee
repayment of a pro rata share of the additional bonds subject to the other counties and the City of
Perham guaranteeing their pro rata shares of said bonds as provided in the Waste Supply
Agreement between Otter Tail County and the City of Perham.
Commissioner Nelson seconded the motion and upon being put to a vote, the motion carried 4-1 to
adopt the resolution with Commissioner Mosher opposed.
Adopted at Fergus Falls, Minnesota, this 6th day of August, 2002.
Dated: 6X:: .-/ 3 -0 0:--OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Applications for Exempt Permit
Motion by Lee, second by Froemming, and unanimously carried to approve, with no waiting period,
the application for an exempt permit as submitted by Pelican River Pheasants Forever for an event
which has been scheduled for Saturday, September 28, 2002, at Blue Water Restaurant and
Sports Bar in Pelican Township.
Motion by Froemming, second by Lee, and unanimously carried to approve, with no waiting period,
the application for an exempt permit as submitted by Duck Unlimited Spring Migration #162 for an
event which has been scheduled for Friday, September 6, 2002, at the Pier in Otter Tail Township.
OTC Board of Commissioners' Minutes
August 6, 2002
Page 6
Applications for. License Q
Motion by Lee, second by Block, and unanimously carried to approve the following applications for · ·
license:
George and Linda Lorentz
New Country Manor Motel, Inc.
Trackside Rest & Lounge
Wadena, MN 56482
Marvin Heisler
Heisler Country Store
Vergas, MN 56587
Linda Fredrick
Haug Hammer Post #508
Main Street
Dalton, MN 56324
Tobacco
Tobacco
Tobacco
Classification of Tax Forfeited Land and Request for DNR Approval
Otter Tail County Resolution No. 2002 -49
Commissioner Block offered the following and moved its adoption:
WHEREAS, the County Board of Commissioners of the County of Otter Tail, State of Minnesota,
desires to offer for sale the following described parcel of land that has forfeited to the State of
Minnesota for non-payment of taxes:
Nelson's Second Addition
Lots 2, 3, and 4, Block 2
City of Fergus Falls
WHEREAS, said parcel of land has been considered and viewed by the County Board of
Commissioners and has been classified as non-conservation land as provided in Minnesota
Statute 282.01, and
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners
hereby certifies that the above referenced parcel of land has been considered, visually viewed on a
map, and complies with the provisions of Minnesota Statutes 85.012, 92.461, 282.01 Subd. 8, and
282.018 and other statutes that require the withholding of tax-forfeited lands from sale.
', ·'
BE IT FURTHER RESOLVED-th~t the Otter Tail County Board of Commissioners hereby requests
approval from the Minnesota Department of Natural Resources for the sale of the above described
property.
Commissioner Nelson seconded the motion and upon being put to a roll call vote, the above
resolution was unanimously adopted as follows:
Commission District 2 Lee Yea
Commission District 5 Block Yea
Commission District 4 Froemming Yea
Commission District 1 Nelson Yea
Commission District 3 Mosher Yea
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OTC Board of Commissioners' Minutes
August 6, 2002
Page 7
Adopted at Fergus Falls, Minnesota, this 6th day of August, 2002.
Dated: d 8:-/d-6 ~ D OF COMMISSIONERS
Attest L~~ ~ Lar(y Kron, erk
Weed Issue
Ag Inspector, Randy Wasvick, brii=fe.<;! the \commissioners on a noxious weed issue in Newton
Township. Mr. Wasvick will"proteeaivith"tlie'.tpproved process to take care of the thistles.
Recess & Reconvene
At 11 :00 a.m., Chairman Mosher recessed the meeting of the Otter Tail County Board of
Commissioners for a short break. The meeting was reconvened at 11 :10 a.m.
Little McDonald (Kerbs) & Paul Lake Improvement District
Auditor, Wayne Stein, presented a report regarding the petition requesting a vote by referendum in
order to proceed with the formation of the Little McDonald (Kerbs) & Paul LID. After review of the
preliminary report and petition review, Mr. Stein reported total accepted signatures on the petition
at 138 with 542 as the total property owners for a percentage of signed property owners at
25.46%, less than the 26% required for a vote by referendum. Discussion followed. Chairman
Mosher stated that, according to law, the petition did not have the required 26% of the signatures
of the total property owners in the District; therefore, the agenda item was closed for further
discussion at 11 :31 a.m.
Human Services Support Specialists New Union Position
Human Services Director, John Dinsmore, reviewed a personnel issue with the Board regarding a
part time position that was not included in the bargaining unit until recently. This position qualifies
for union membership based on the PELRA hours worked requirement. Motion by Mosher, second
by Lee, and carried with Froemming opposed, to authorize retroactive pay to Energy Assistance
Specialist, Rebecca Roberts, in the amount of $2,765.52 for holiday backpay and approve sick
(148.73 hrs.}, and vacation (240.06 hrs.) pay from 1999 through April, 2002, as recommended by
the Personnel Committee. Future accrual of holiday, sick, and vacation hours will be pro-rated
based on number of hours worked.
Performance Evaluation Summary
Chairman Mosher requested that the excellent performance evaluation summary for GIS Database
Coordinator, Sherry Leabo, is accepted as presented and placed in her personnel file.
Order for Redetermination of County Ditch System No. 38
Motion by Nelson, second by Froemming, and unanimously carried to authorize the Chair's
signature to execute the Order for Redetermination of Benefits for County Ditch System No. 38 as
presented by the County Attorney. Ditch Viewers approved for this project are Eldor Kugler,
Richard Bergquist, and Richard Carlund.
OTC Board of Commissioners' Minutes
August 6, 2002
Page 8
County Remodeling 1,
Commissioner, Bob Block, presented a plan to provide information to the public regarding the VillJI
upcoming County remodeling projects. Discussion took place. Action was tabled on the issue for
one week to allow County Attorn~y. David Hauser, to further research the plan .
. ·. ', ' ,..__ .,_~•:'--,_ .• :~ ~--\,) ~-
Adjournment
At 12:12 p.m., Chairman Mosher declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, August 13, 2002.
Dated: 08--/.3-do-L COUNTY BO RD OF COMMISSIONERS
_,t ~¢ Larryrohn Cler
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Otter Tail County Warrants
August 6, 2002
Page 1, Attachment A
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION
WARRANTS APPROVED ON 8/06/2002 FOR PAYMENT
VENDOR NAME
A C S A-1 LOCK AND KEY AMERICAN INSTITUTIONAL SUPPLY,
AMERICAN TOWER CORPORATION
J. ANDERSON ASSOC CONSTR PUBL CMD AUTO GLASS SPECIALISTS INC. BARBER RAZOR BLADE CO. BEN FRANKLIN BEST INC. BEYER BODY SHOP BIG FOOT GAS & GROCERY BRIGGS CORPORATION Cl\RR'S LAKE COONTRY SUPERMKT
ROBERT CARRISON CHIEF SUPPLY CORPORATION COMMISSIONER OF TRANSPORTATION COOPER'S TECHNOLOGY GROUP CRONATRON WELDING SYSTEMS INC. DARLING'S SALES & SERVICE
DIVERSION AUTO ECONO SALES AND SERVICE FAITH AND FELLOWSHIP PRESS FERGUS ELECTRIC FERGUS FALLS POLICE DEPARTMENT FERGUS FALLS SMALL ENGINE & TR
FERGUS INTERNATIONAL INC. FERGUS TIRE CENTER FOTH & VAN DYKE FRAZEE FORUM, INC GOODIN COMPANY GR GRAPHICS INC H & R CONSTRUCTION HALL GMC INC. NEILL HARDINA HARTMAN HIDE & FUR CO. HOBART SALES & SERVICE HOLIDAY ALBERT HUWE INFORMATION SYSTEMS CORP. INNOVATIVE OFFICE SOLUTIONS ERWIN JOHNSON KELLY SERVICES INC.
LAB SAFETY SUPPLY, INC.
LAKE REGION HEALTHCARE LAKELAND TRUE VALUE HARDWARE
LAKES RADIO LAWSON PRODUCTS INC.
M-R SIGN CO.
AMOUNT
58.52 8.43
459.15 75.00
254.14 287.18 537.48 175.00
5.97 13,608.97 452.64 90.00 23.28 699.09 25.00 60,26 1,178.22 1,050.24
85.22 72.96 475.46 34.01 122.03 120.45 110.72
38.18 3,883.53 36.39 695.13 34.50 11.27 52.96 2,885.00 49.42 150.00 114.00 37.38 2,002.96 13,304.00 3,304.76 73.23 257.00 1,949.86
287.28 17.20 69.13
84.00 184.55 795.94
IFD66 COUNTY 56 PAGE l
8/06/2002
Otter Tail County Warrants
August6,2002
. Page 2, Attachment A
8/07/2002 8:59:24
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
WARRANTS APPROVED ON 8/06/2002 FOR PAYMENT
VENDOR NAME
MCIT WILLIAM MEYER MINN-KOTA COMMUNICATIONS INC.
MN STATE AUDITOR MOORE MEDICAL CORP.
DAVID MUCHOW NATIONAL BUSHING & PARTS CO. NELSON DODGE-GMC NIEMELA REPAIR OLSON AUTO ELECTRIC RUSSELL OLSON OTTER TAIL CO TREASURER OVERLAND MECHANICAL SERVICES PAMIDA INC. VIRGINIA PAULSON PBCC PELICAN RAPIDS PRESS PEPSI COLA BOTTLING CO PERHAM PRINTING PETE'S AMOCO . GREGORY PETERSON PHILLIPE LAW OFFICE THE PIERCE CO. RONALD PIKULA PIONEER RIM & WHEEL CO. PMX MEDICAL
VICKI SCHWANKE DOROTHY SCOTT SECRETARY OF STATE
SEWER SERVICE SHERWIN WILLIAMS SOUTH MILL SERVICE SOUTHTOWN C-STORE
STEIN'S INC. STOLPMAN LAW OFFICE STRINGER BUSINESS SYSTEMS INC
DAVID THOMPSON THYSSEN KRUPP ELEVATOR CORPORA TOOL CRIB OF THE NORTH TRI-STATE TIRE UNIFORMS UNLIMITED UNIVERSITY OF MINNESOTA VICTOR LUNDEEN COMPANY VIKING OFFICE PRODUCTS VOSS LIGHTING WALTERS PHOTOGRAPHY RANDY WASVICK LEO WELLER ARLO ZEPPER
AMOUNT
80.00 868.00 18.40 5,885.33 295.15 31.83 103.27 20.67 472.62 179.71 5,032.00
500.00 168.76 132.29 75.00 952.11 139.05 70.40 484.59 124.20 111.52 209.00 29.43 261.00 898.92 29.33 43.40 78.55 260.00 200.00 74.84 2,325.79 56.50 1,389.95
148.50 92.49 100.00 900.00
53 .86 1,107.49 165.76 12.00 276.21 118.22 204.82 57.69 438.29 5,622.00 6,431.00
IFD66 COUNTY 56 PAGE 2
8/06/2002
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8:59:24
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Otter Tail County Warrants
August 6, 2002
Page 3, Attachment A
OTTER TAIL COUNTY AUDITOR PA.NELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARR.ANTS FOR PUBLICATION
IFD66
COUNTY 56 PAGE 3
WARRANTS APPROVED ON 8/06/2002 FOR PAYMENT 8/06/2002
VENDOR NAME
210 LUBE EXPRESS
FINAL TOTAL ...... .
AMOUNT
74.09
$87,79l..12 ****