HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/06/2002,. . 0 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. 0 0 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. - OTC Board of Commissioners' Minutes 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 0 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 00 in 3 istfratotrh, Bopb LhouiseRau, pr!:lsentRed the reviFse~ 1 _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 0 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 0 0 0 0 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 CB/kd 0 0 0 • 8/07/2002 8:59:24 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 Q 0 0 ,. S/07/2002 8:59:24 **** 0 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 ****