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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/25/2004,. • • • MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, 500 Fir Ave. W . Commissioners' Room Tuesday, May 25, 2004 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, May 25, 2004, at 9:30 a.m. at the Otter Tail County Government Services Center with Commissioners Syd Nelson, Chair; Bob Block, Vice-Chair; Roger Froemming, Dennis Mosher, and Malcolm Lee present. Approval of Agenda Motion by Mosher, second by Lee, and unanimously carried to approve the Human Services agenda of May 25, 2004, as mailed. Approval of Minutes Motion by Froemming, second by Block, and unanimously carried to approve the Human Services Board minutes of May 11, ?004, as presented. Juvenile Temporary Hold Positions . Court Services Director, Chuck Kitzman, requested authority to hire two, on-call Temporary Hold Attendants. Currently, the County has six Temporary Hold Attendants trained and on-call to supervise juvenile(s). Mr. Kitzman noted that two additional attendants added to the list would be sufficient for the program. Motion by Lee, second by Block, and unanimously carried to authorize hiring two on-call Juvenile Temporary Hold Attendants as requested by the Court Services Director. · Essential Public Health Services Draft Document Diane Thorson, Public Health Director, presented the "SCHSAC Assuring Essential Local Public Health Activities Throughout the State Work Group" draft document dated 5/20/04. This draft document may be presented at Association of Minnesota County meetings, and to Otter Tail County's Advisory Committee, County Public Health staff, and community citizens. Ms. Thorson asked the County Board to review the draft document regarding public health services and respond to her with comments or concerns. Immunization Reports for Children Ms. Thorson provided the County Board Immunization Status Information for 2003 -2004 for school-age and pre-school children from the Minnesota Department of Health. Overall, Otter Tail County's immunization levels were higher than the state averages. Human Services Contracts Motion by Mosher, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute the following Purchase of Service Agreements for Assisted Living services for the period of July 1, 2004 through June 30, 2005: · CK Home Health Care Services for Alternative Care, Elderly Waiver, CAC and CADI, TBIW and MR/RC New Dimensions Home Health Care Services for Alternative Care, Elderly Waiver, CAC and CADI, TBIW and MR/RC OTC Board of Commissioners' Minutes May 25, 2004 Page 2 ,. Human Services Dire.ctor, · John Dinsmore, requested approval o(four contracts for case Q management services delivered oh behalf of the· Family Services Collaborative. He stated · that the County will contract with_. four agencies, who will provide the services, and then submit the information to the Department of Human Services so the agencies can be certified to deliver child welfare targeted case management. To receive case managemE1nt funding, · the providers must have a contract with the County. Funding is federal dollars with local . dollar match. Mr. Dinsmore stated that in ·June,· he would request approval of a related contract with the Special Education:Cooperative,that will provide the dollars to paffor the -local,'· non-federal share of the cost of this case, managemenf. • The Special Education Cooperative has, Family Service's Collaborative : funding ·to provide the local match. Mr. Dinsmore stated that this is a way to expand . services and seek · funding not used previously. Discussion followed. Motion by Block, second by Mosher, and unanimously carried to authorize the appropriate ·county, officials' · signatures to execute the following . Purchase of Service Agreements :for Child Welfare Targeted Case Management Services through the Family Services Collaborative for the .period -of July 1, ·2004 through June 30, 2005, with funding as presented by the Human Services Director: Lakeland Mental Health Center, Inc. . . Family Based Outreach Program Lutheran Social Services,,lnc.' · · . , ·, · -· Family Based ·Outreach Program.-' The Village , . · · ''Family Based Outreach Program ·-- PATH (Professional Association Family Based Outreach Program of Therapeutic Homes). · . -: '· . . - , :.,,. ChildProtectionAnnualReport · -1"-' Q " · Chemical Dependency Annual Report~ , "'1 · Human Services Supervisor, Brad Vold,iand staff members presented the "Child.and Family .Service of Otter Tail Cour:ity, Minnesota Annual Report 2003" and the Annual Report for the Chemical Dependency Unit for 2003. · Mr. Vold reviewed the main sections of the reports and data showing specific trends. All employees stated that, at this time, meth usage is the largest drug probleni creating· many other additional problems for children and families. -_01 1:·· .::• -~ . .! .,.. ' ,4 • " -· -Funeral Allowance Policy,.,,· , .. Collections Officer,· Sue · Ulschmid, -submitted a proposed County Burial and Funeral Allowance. Expenditure Policy. 1. :She re'viewed the administrative changes that the .proposed procedures would put ih place.•, Most other counties are administering.their public funeral policy similar to Otter Tail County's proposed policy .. Ms. Ulschmid :will send copies of the proposed policy to Funeral Home Directors before requesting approval. .. · , ~ · Mental Health Initiative Update ·Human-Services: Supervisor, Jodi Wentland, presented the biennial Mental Health·plan 'for 2004. She presented the,Otter Tail County Adult Mental.Health Services Overview and noted that housing is one of Otter Tail County's priorities. She explained the elimination of Rule 36 Residential Services and the resulting changes in developing new programs to meet the consumer's needs. Grants for the Otter i:ail C_ounty mental health initiative have stayed the same. as last year. Ms. Wentland provided· the other part of the biennial plan, "Phase II "" Adult Mental Health Initiative Grant Application BCOW (Becker-Clay-Otter Tail-Wilkin) 2004-Q 2005. She 'explainea the Initiative's priorities and progress and requested approval of the Adult MH Grant Agreement. Motion by Mosher, second by Froemming, and unanimously carried-to approve the Adult Mental· Health Services Grant Renewal Agreement for Calendar Years 2004 & 2005., • • • ·.:;:· .. ~· , '. . . ··:•' ., . .: . . , .. -,-·1 , ••. OTC Board of Commissioners' Minutes May 25, 2004 Page 3 Approval of Human Services Bills & Claims• Motion by Mosher, second by Block, and unanimously carried to approve the Human Services bills & claims as presented Adjournment At 10:57 a.m., Chairman Nelson declared the meeting of the Otter Tail County Human Services Board adjourned until 9:30 a.m. on Tuesday, June 8, 2004. Dated:. _ __,,O<-><,,!<J/'-'o°"B.Ll.:o .... '{ ___ _ r • Attest J~U Larry Krn, Clerk UMAN SERVICES BOARD J~ an Services Board Chair Call to Order -County Board The Otter Tail County Board of Commissioners convened Tuesday, May 25, 2004, at 11 :01 a.m. at the Otter Tail County Government Services Center with Commissioners Sydney Nelson, Chair; Bob Block, Vice-Chair, Dennis Mosher, . Malcolm Lee and Roger Froemming present. Approval of Agenda Motion by Mosher, second by Lee, and unanimously carried to approve the County Board agenda of May 25, 2004, as mailed: Approval of Minutes Motion by Froemming, second by Block, and unanimously carried to approve the County Board minutes of May 18, 2004, as mailed. Approval to Pay Bills Motion by Mosher, second by Block, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Planning Commission Recommendations. Conditional Use Permit -James J. Stans: Land & Resource Director, Bill Kalar, stated that this CUP request is for a hunting preserve and sporting clay course. The Planning Commission denied the request for three reasons as stated in the Planning Commission minutes of May . 19, 2004. Applicant, James Stans, addressed the County Board stating that he would drop his request for a sporting clay course and request just the hunting preserve. Motion by Mosher and second by Block to deny the Conditional Use Permit request for reasons as recommended by the Planning Commission. Lengthy discussion followed regarding the applicant's proposed change in plan from the initial application and the notification process. Motion carried unanimously. The property is described as W 133.1 Ac of Lots 1, 2 & 3 SW¼ NE¼ & N½ NE¼ and E½ W½ (160 AC) and W½ NW¼ & NW¼ SW¼ (85.73 AC), Section 18 of Everts Township; Silver Lake (56-302) . Conditional Use Permit -Russell & Elaine Alberg: Motion by Mosher, second by Block, and unanimoysly carried to approve a Conditional Use Permit to excavate to allow for a walkout basement as presented. The property is described ·OTC Board of Commissioners' Minutes May 25, 2004 ·pageA Conditional Use Permit-Jacob Hoffman and Robert & Julane Meyer: . , Motion by Mosher, second by Lee, and unanimously carried to deny a Conditional Use Permit to in·stall. a passage-way in'• a· bluff for : the reasons as recommended by. the .,Planning Commission recorded in the May 19, 2004, Planning Commission minutes. The property is described as Pt GL 1 ... (5.07 AC), Section 11 of Clitherall Township; Clitherall Lake (56-238). r • • • . • ., _) \'.•·• f~\-,i)(J Conditional Use Permit-Young Life Ca~ta'way Club: ' ' · Motion by Lee, second by Froemming;·and unanimously carried to approve a Conditional Use Permitto construct a building to replace an existing camper dorm as presented!. The property is described as Bg 478.5' N of ... (.07 AC), Section 2 an_d Lot·1 ofSu_b LofA·of GL 1 ex tr (2.06 AC) and Pt SL A & B of GL 1 ... (4.90 AC), Section 3 of Dunn Towmihip; Pelican Lake (56-786) . . Conditional Use Permit. -Craig & Barry Dresser: Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use Permit to re-construct existing retaining walls .to stabilize hillside and reduce runoff arid erosion with conditions as recommended by the Planning Commission .• The. property is described as Engstrom's Beach 5th Addition, Lot 18 Blk 1, Section 18 of Edna Township; Big McDonald Lake (56-386). . ' Conditional Use Permit-Biom & Barbara Finseth: '.'.l " Mr. Kalar reported that the Planning Commission is recommending denial of a Conditional Use Permit relative to the after-the-fact requests and·approval of a Conditional Use Permit for proposed retaining walls on the east. and. west side of the house. Applicant, Barbara Finseth requested that the condition that the retaining wall be no higher than 2' be changed to 3'. Discussion followed. Motion by Lee, second by Mosher, and unanimously carried to deny a Conditional Use Permit relative to the after-the-fact requests for the reasons recommended . by the Planning Commission. Motion by Lee, •second by· Froemming, and; unanimously carried to approve a Conditional Use Permit for the proposal on the west side· of .the house and the proposed retaining wall 6n the east side of the house provided the retaining wall is no higher than 3' and outside of the bluff impact zone. The prC>perty is described as Pt GL 2 & 3, Section 32 of Aurdal Township; Otter Tail River (56-OTR). ;,,.; Conditional Use Permit-Dell Arneson,,,.., ,. · ·. · Motion by Lee, second by Mosher, and unanimously carried to approve a Conditional Use Permit to sell 14 individual storage units.as presented. The property is described as Pt GL 2, ·Pt N½ NW¼ Bg SW ... (77.7..4 Ac), Section.17,of Dunn Township;.Pelican take.(56-786) and Bass ·Lake (56-770). :-, , ,. • , ·, ,: .. ~ · · • ·, · , .. • 1•;:0 : • J ~ I -' ~! • . . . ' ' . ' ' ., Preliminary Plat & Conditional Use Permit ..., "Get-A-Way Bay .Estates on Norway Lake:'/ Bothun Properties: ,.. Motion by.Lee, second by Mosher, and unanimously-:carried to approve a Preliminary Plat known as "Get-A-Way Bay Estates on Norway Lake" consisting of 13 lots as shown on the Revised Drawing presented at the ~ay 19, . 2004, · Rlanning .Commission meeting and .a Conditional Use Permit to construct.a,ro~d to service.the plat. The property is described as 0 0 • • • OTC Board of Commissioners' Minutes May 25, 2004 Page 5 SW¼ NE¼ & NE¼ SE¼ & Lot 2 & Lot 1 ex pt N of LK, Section 25 of Aurdal Township; Norway Lake (56-569). Moratorium for the Creation of Cluster Developments Within Shoreland Areas of Otter Tail County Otter Tail County Resolution No. 2004 -28 Commissioner Lee offered the following and moved its adoption: WHEREAS, Otter Tail County intends to conduct studies relating to the environmental impact of cluster developments to determine whether the existing provisions of the Shoreland Management Ordinance pertaining to cluster developments are sufficient; and WHEREAS, a temporary emergency moratorium, pursuant to Minnesota Statute 394.34, on the creation of cluster developments is necessary to protect the public health, safety and general welfare, pending the outcome of such studies; and WHEREAS, based on the results of such studies, the County will consider possible amendments to the Otter Tail County Shoreland Management Ordinance, and NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County hereby implements a one year moratorium on the creation of cluster developments within Shoreland Areas. This moratorium does not apply to existing cluster developments . Commissioner Nelson seconded the motion and upon being put to a vote, the above resolution was adopted unanimously. Dated: Obft;,,/o'( --'--"-'""-+r-""'+,-=-:J...-1---------- Attest /4o:t;t · ¢ Larry Kroh, c'ie OARD OF COMMISSIONERS ~ aunty Board Chair Meeting Closed to the Public & Recessed At 11 :43 a.m., Chairman Nelson declared the Otter Tail County Board of Commissioners meeting closed to the public for requested legal advice regarding the Blue Heron Bay Lawsuit by an environmental group as authorized by attorney-client privilege, Chapter 13D.05 Subd. 3b. Present were all five seated Commissioners, the County Attorney, County Coordinator, and Board Secretary. Upon conclusion of the closed session, at 11 :50 a.m., Chairman Nelson declared the meeting recessed for lunch break. Reconvene Technology Training At 1 :01 p.m., Chairman Nelson declared the Otter Tail County Board of Commissioners meeting reconvened. Scott Backstrom of the GIS Department showed the County Board the benefits of the Internet and the most effective search engine(s) to use when searching for information. OTC Board of Commissioners' Minutes May 25, 2004 Page 6 Amendment fo the ICWC Program·. : ' -' .· Motion by Mosher, second by Froemming, and unanimously carried to authorize the appropriate County officials' signatures to execute an Amendment (No. 1 to A44707) to the contract to house Institution Community Work Crew inmates for fiscal year 2004-2005. The amendment reduces total funding from $227,760.00 to $217,760.00. Ditch No. 38 Calvin Muckala asked the Board •if they·were going to decide oii the Ditch No, 38 project,at this Board meeting. County Attorney, David Hauser, explained that the Board will make a decision regarding the Redetermination of Benefits Order for Ditch No. 38; however, would not make a decision yet with regard to the·type or extent of maintenance or clean out that will be needed. Ditch Inspector, Randy Wasvick, stated 'that permits have not been obtained at this time for the proposed project. .. Ditch Viewer, Dick Bergquist, reported that the Viewers·did·go o'ut and lookiat Calvin Muckala and Gary Buckmeier's properties since the last Board meeting. The Viewers recommended that no further adjustments should be made since the previous amended viewers' report was presented on May 4,. 2004. Property Owner,;.Gary Buckmeier, read .a letter .to .the County Board to express his opinion and opposition to'.the Ditch N6: 38, Redetermination process. Motion by Block, second by Mosher, and unanimously carried to adopt the Order •Redetermining Benefits for Ditch #38 as presented 15y the County Attorney. · ·, · . . ' ' . ... ., ·-' '·, J ' 0 Ditch No. 29· 0 Motion by Froemming, second by Mosher, and unanimously carried to authorize the Ditch Inspector to hire an individual to trap and eliminate,beaver'.and remove several·beaver dams in the County Ditch No. 29 system. ., .. ·,.. ' ···' ,_ ·, · ·· r ' Reappointment...: Otter Tail Water Management District Board, __ _ Motion by Lee, second by Block, .and unanimously carried, to reap'poirit John Mehl and Donn 9iems to fo1ir-year terms, ![!ffectiye, Jul{1, 2004, on the Qtter Tail Water Management DistrictBoard.·•·,r. .',i• ... ·.:'\ ,, •· ' , -·_·v,· ... \ --. "~-·· ·~·r '-\~~---~;>•·:_,_ -- License Applications .. ' Motion by Froemming, second applications for licenses: by Lee, and _unanimously carried to approve the following • ; •· . '.. -'1">(, ,,- . ..,. ' ' .· . ' : ' '; .. , -·\ ' ' ·· · . ·_ Peak Supper Club' • . · · 1 '43517 County Highway 38 ' 'Clitherall, MN 56524 · Rolling Hills Golf Course 49930 County Highway 9 Pelican Rapids, MN 56572 · • St. Lawrence Church-Rush Lake _ l' · 46404 County Highway 14 . ' · Perham, MN 56573 '. · ... -.-.-_· ' . . . • . ' -. r. !'' .r--,;,,, -•··•,··1 ,'~••1 ·on-Sale Wine license ,. On/Off-Sale 3.2 Malt Liquor~ , '' -;·. . ~J ~ ~ ,• · : . · On/Off-Sale 3.2 Malt Liquor, Temporary 3.2 On-Sale .Malt Liquor i•• 0 • • • OTC Board of Commissioners' Minutes May 25, 2004 . •··" Page 7 Amendments to the GASB 34 Policy Motion by Lee, second by Mosher, and unanimously carried to adopt the following GASB 34 Policy changes effective for the preparation and presentation of financial reports for the Year Ended December 31, 2003 (new language is shown in italics): A.) Policy for allocating Indirect Expenses Otter Tail County does not allocate various indirect expenses such as overhead and insurance to individual functional departments when information concerning direct costs by function is not available, these costs are shown as Unallocated General Government expenses. The above paragraph replaces the previously adopted Policy for Allocating Indirect Expenses, which read as follows: Otter Tail County automatically allocates various indirect expenses such as overhead and insurance to individual functional departments when information concerning direct costs by function is not available. GAAP indicates no requirement to disallocate such expenses in order to present a separate indirect expense allocation column as allowed by GASB 34. However, disclosure will be made in the summary of significant accounting policies stating expenses reported for functional activities include allocated indirect expenses. B.) Infrastructure Fixed Asset Policy GASB 34 requires that we begin to book the infrastructure as assets. It requires us to record assets expensed in the past (retroactively 1980 through 2002) and book the current expenditures as assets as we move forward (prospectively). The following categories of infrastructure fixed assets have been identified: Roads, Bridges, Right of Way and Dams. All amounts will be rounded to the nearest whole dollar. We will account for each as follows: ROADS DEFINITION: Roads include, but are not.limited to, road surface, sub-surface, water/sewer, drainage, and traffic signals for all County State Aid Highways and all County Roads in Otter Tail County. Road costs include, but are not limited to, construction labor, construction equipment time, materials, traffic signals, sewers, landscaping, bike paths, overhead, etc .... RETROACTIVELY: We will account for infrastructure capital assets acquired or·significantly reconstructed, or that received significant improvement in the fiscal years from 1980 through 2002. PROSPECTIVELY: We will capitalize the verified costs of all major construction contracts and design work, exclusive of purchased right of way. Overlays will be capitalized only if they represent a major increase in efficiency or extend the useful life. An overlay, which gets the road to the end of its useful life, will be expensed. In the event that a road is reconstructed before it is fully depreciated, the remaining value will be written off in the year the contract is finalized. OTC Board of Commissioners' Minutes May 25, 2004 Page 8 GRADING LIFE: Grading-projects will· be depreciated for, fifty years using straight-line 0 . depre9iation. If the grading af?d final _bituminc;,us wo(k is separate projects within five years of . each other, we wiil cc;,inbine· the projects and depreciate them for fifty years.. When the bituminous project is . finalized, add {he . depreciated va/\le of the. gra,ding project to , the bituminous project and depreciate the total for fifty years. " . . . . OVERLAY LIFE: Overlay projects wilr be depreciated for twenty years using straight-line · deprecia,tion. If the,previous bitqminO\JS is milled off; expense out any val4e left on that project. If the. previous .bituminous is left in place, each project will be treated separately and df!pff!Ciated forfwenty yea_rs from the d~te they ·were finalized. . ' ' I . -: '\ BRIDGES . ' DEFINITION: Bridges include all bridges on Otter Tail County Roads as defined by the Minnesota Department of Transportation. Bridge costs include, but are not limited to construction ccists as· evidenced. by th'e contract for b'ridgework, 'approach work, 'guardrails, sidewalks, traffic signals and design wo·rk: ;In the event.that the highway department installs the bridge (culverts), 'we will capitalize the labor, equipment, materials and overhead associated with the jo~.-· · : . , 1 . · • RETROACTIVELY: We will account°for infrastructure capit~I assets acqu.ired or significantly reconstructed, or that received significant improvement in the fisc,al years from 1980 through 2002. . . . ' PROSPECTIVELY: We will capitalize the cost of-construction. as verified by the contract costs. In addition, design work will be· capitalized. Deck overlay and deck rehabilitation projects will be capitalized only if they represent a major increase in efficiency or extend the useful life. An overlay_or rehabiljtation project that gets'the bridge to the end of its useful life will be expensed:'·1n·the event that a bridge is reconstructed or rehabilitated before it is fully depreciated, the remaining value will be written off in the year the contract is finalized. LIFE: . Bridges will be depreciated out using straight-line depreciation with a fifty-year life wit~ no residual value. · ' · · · · · · ·· · ' · ,. .) ·RIGHT OF WAY' , .I ':_ DEFINITION: Right of Way shall include permanent easem_ents and. d~eded property ·acquired for highway purposes. Right of Way costs will'include, but are not-limited to, the purchase price from' the landowner; the cost of attorney fees in court cases; relocation fees, filing fees, deed tax and reimbursement of pre-paid real estate taxes to the former land- owner. All other expenditures including appraisal fees and title opinions will be expensed. -1•1, ·, r 1 , , • ;":... ~ ' : _, , ; I ·' -·' ,. ' • • ·' -. • , . ' I -• 1 , • ' '. I• , • • RETROACTIVELY: ·we.will _account for all right of way purchased from the year 1980 through 2002. v, '-· ": · · · 1 · • · · · • •· 1 · 0 PROSPECTIVELY:· We will capitalize the' purchase of right of way" using the 'cost definition 0 above. · · · LIFE: Right of Way will not be depreciated. • • DAMS OTC Board of Commissioners' Minutes May 25, 2004 'Page 9 DEFINITION: Dams include, but are not limited to, the structure itself and any capital improvements. Costs include, but are not limited to, the purchase price, construction labor, equipment and materials as well as overhead. RETROACTIVELY: We will account for infrastructure capital assets acquired or significantly reconstructed, or that received significant improvement in the fiscal years from 1980 through 2002. ' PROSPECTIVELY: We will capitalize the cost of all major construction contracts and design work. Dam repairs or improvements will be capitalized only if they represent a major increase in efficiency or extend the useful life. If the dam is reconstructed or rehabilitated before it is fully depreciated, the remaining value will be written off in the year the contract is finalized. LIFE: Dams will be depreciated using straight-line depreciation with'.a one hundred year life with no residual value. WORK IN PROGRESS Construction projects that have been awarded and are taking one or more years to complete, will be tracked in a "Work in Progress" category until such time as construction work is completed and the project has been finalized. Once the project has:been finalized, the total cost of the project will be moved from work in progress and will begin to be depreciated. The first year of depreciation will be for the full year that the project was finalized in. ' The two italicized paragraphs in Section B entitled "Infrastructure Fixed Asset Policy", under Roads with subheadings Of Grading Life and Overlay Life replace the following part of the previously adopted Infrastructure Fixed Asset Policy:; I LIFE: Roads will be depreciated out using straight-line depreciation with a fifty-year life, with no residual value. · Tax Forfeiture Fund Motion by Froemming, second by Lee, and unanimously carried to approve payment from the Tax Forfeiture Fund to the Otter Tail County Solid Waste Department, in the amount of $661.70 for disposal cost related to a tax forfeited property demolition. project in Clitherall ~ I ', .. _, City. .. i • . . Request to Repurchase Tax Forfeited Property Otter Tail County Resolution No. 2004 -29 Commissioner Block introduced the following resolution and moved its adoption: • RESOLVED, by the Otter Tail County Board of Commissioners: of Otter Tail County, Minnesota, that OTC Board of Commissicfners' Minutes May 25, 2004 Page io WHEREAS, Dayton Kjonaas, owner, has made application to repurchase the following legally described parcels: '.:.. ·' .· I • ·; • It · Parcel No. 46-000-99-0737-000 and Parcel No. 46-000-99-0738-000 Echo Ranch Riviera 6th Addition Lots 21 and 22 '' . ! ,< I '' ' . Said property having forfeited to the State of Minnesota· on.the ·27th day of August,·2003, for nonpayment of the 1997, 1998,·1999, 2000, 2001, 2002 and 2003 property taxes, and WHEREAS, an application to repurchase the above described property was timely submitted on Monday, May 24, 2004, and WHEREAS, the sum of $628.58 represents the-aggregate of:all delinqLient'and·current taxes, penalties, costs, assessments, and fees as of May 17, 2004, that would have been due and payable had the above described parcel not forfeited to the State of Minnesota, and WHEREAS, the applicant has requested that the Otter Tail County Board of Commissioners consider his application to repurchase the above-described parcels and has requested that 0 the Otter Tail County Board of Commissioners approve the applicant's request to repurchase Q the above-described properties. · · ', · ' .. , :· · · · ' · NOW, THEREFORE,-BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the repurchase of the above described tax forfeited properties, and ·• BE IT FURTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby finds that the repurchase:is in the best public interest, that it will.relieve any•undue hardship, which has resulted from the forfeiture. ' ' -Commissioner Mosher seconded the motion, and upon being put to vote, was unanimously carried. Adopted this 25th day of May, 2004. ' ' ' . , , .. l. -· I ,_,.-, •:--•. !'Dated: r:, 01n/o,/04 I J RD OF:COMMISSIONERS ·. Attw ~ ·(f/ LarryKron, Clrk ' ' -.. RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE ,· OTTER TAIL COUNTY RESOLUTION NO. 2004 -30 f _., •• 0 • • • Commissioner Lee offered the following and moved its adoption: OTC Board of Commissioners' Minutes May 25, 2004 Page 11 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. I (a) The Internal Revenue Service has issued Treasury Regula,tions, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of the County's bonds used to reimburse the County for any project expenditure paid by the County prior to the time of the issuance of those bonds. > I (b) The Regulations generally require that the County make Ia 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 tactu'ally 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 of 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 compli~nce 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. I I 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 Declar~tions or to delegate from time to time that responsibility to other appropriate County employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: . I (a) Each Declaration shall be made not later than 60 days afterf 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. I · (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 amouht of bonding expected to be issued for that project. I . (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 Cciunty officials are hereby authorized to consult with bond counsel to the County concerning the requirements of the Regulations and their application in particular circumstances. I - (d) The County Board shall be advised from time to time on the1 desirability and timing of the issuance of reimbursement bonds relating to project expenditures for wtiich the-County has made Declarations. · · OTC Board of Commissioners' Minutes May 25, 2004 Page 12 3. Reimbursement Allocations. The designated County officials.shall also be responsible Q for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the· County's use of-tlie applicable bond proceeds. to. reimburse ttie 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 ot:this Resolution shall apply and govern. ., . 0 , •• , Commissioner Froemming seconded the motion and upon being put to a vote;• the resolution was unanimously adopted. , , .. Dated: · oee/o, /o</ _ __,...,..,,'-=&.,Jr-=----- j Attest:.;..· ....:··~'#{ef!I.~~~~___:_ Larry Krohn, .. ' . ' EXHIBIT A of.Otter Tail County Resolution No. 2004 -30. 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 Q 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,behalfof the County. .,,,. ·.: ' ,.,. r 2. This Declaration re'lates to the following project, property or program (the "Project") and the costs thereof to qe financed: .. " . l Remodeling and Renovation of Otter Tail County's Government Services Building located .. at 505. South Court St:, Fergus Falls, MN. ' .. / : 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. Countyreasonably expects _that $1,500,000 is the maximum principal amount ofthe 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. cost of issuance, or any of. the other types of expenditures described in Section 1.150-2( d)(3) of . the Regulations. , •. '·. :1 . ,, .,. ; '. ·:"'.'. ,;,',11 _:._ .-• 5. As of the date hereof, the statements and expectations con_tained in this Declar_ation are believed to be reasonable and accurate. Date: . 6 -/-oy • J 0 • • • I I OTC Board of Commissioners' Minutes May 25, 2004 Page 13 Retainage Reduction Motion by Lee, second by Block, and unanimously carried to appro~e reduction in retainage from 5% to 1% for S.A.P. 56-696-02, Pelican Rapids Bridge Replacement Project as requested. i Highway Contracts I Motion by Lee, second by Froemming, and unanimously carried to a'uthorize the Chairman's signature to execute the following Highway Contracts subject to thej approval of the County Attorney: i Morris Sealcoat & Trucking, Inc. S.A.P. 56-601-43 & Etc., ;W04 ,County_ Wide Seal Morris, MN Coat Project • I · ' AAA Striping Service Co. C.P. 04:TM, County Wide Tr1ffic Marking Project I Rogers, MN . , Riley Bros. Construction, Inc. Morris, MN I S.A.P. 56-599-55, Aurdal Toymship Bridge Replacement Project Final Payments Motion by Froemming, second by Block, and unanimously carried to approve Final Estimate No. 17, in the amount of $44,671.74, payable to Central Specialties, Inc. for work completed , ' , on S.A.P. 56-615-16. · · \ Motion by Mosher, second by Lee, and unanimously carried to approve Final Estimate No. 4, in the amount of $56,437.85, payable to Mark Sand & Gravel Co. [for work completed on C.P. 03:119B. I Discussion -Dead Lake Township 1 Cheryl Harris spoke to the County Board representing a group of citizens from Dead Lake Township. She submitted several documents and correspondence 9pposing recent actions of the Dead Lake Township Board. Ms. Harris presented a copy of a petition that had been submitted to the Dead Lake Township Board requesting them to abandon any further plans to put forth a moratorium on any future development or township wide ~oning. She expressed opposition to Dead Lake Township's Interim Zonihg Ordinance and stated that Town Board members, Mr. Kimple and Mr. West, are not representing the majority of the voters; but they are intent on stopping the Blue Heron Bay development. Ms. Harris asked that they be removed from the Dead Lake Town Board. County Attorney, David: Hauser, stated that he was not familiar with a process to dissolve a township. The County is not an intervening authority over the township. The County Attorney stated that there 'are many questions, at this point, regarding the Interim Ordinance adopted by Dead Lake] Township on May 17, 2004. Dead Lake Town Board Clerk, Marlene Fendrick, stated that all of the facts presented by Cheryl Harris were not correct and that Dead Lake Township is split between zoning and nomning. · ' L Emergency Management Performance Grant Motion by Froemming, second by Lee, and unanimously carried to authorize the Chairman's signature to execute the application for Emergency Management Performance Grant for Federal Fiscal Year 2004. OTC Board of Commissioners' Minutes May 25: 2004 Page 14 Temporary Position •Motion by Mosher, second by Le'ei, and unanimously carried to.authorize·the Human·Services ·oirector to fill an Office Support position through Kelly Temporary Services to replace the term of the upcoming leave of absence. Adjournment At 3:23 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, June 1, 2004. · Dated: _ __,O='-+l.,.o,..·,+f_,,o<.;;J"I---'-. ,_.'._--_. _._ I I T CB/kd ·1 ,, ' . . ., ,- •'• \. ' 1•.' I':• :) ' j ·,; • . , ,-r .. ~MM_ISSl~NERS ' i . ,. ,. ......... 0 0 0 .. ,. ,... ,. . . '. I Otter Tail County Warrants I May 25, 2004 Page 1, Attachment A • OTTER TAIL COUNTY AUDITOR l IFD66 5/25/2004 ll:45 :3l PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM iCOUNTY 56 WARRANTS FOR PUBLICATION I PAGE • • WARRANTS APPROVED ON 5/25/2004 FOR PAYMENT 5/25/2004 VENDOR NAME A-l LOCK·AND KEY ANDERSON LAND SURVEYING INC ARAMARK SERVICES INC BARRETT EMS TRAINING BEYERS BODY SHOP INC BIG SIOUX NURSERY INC BOB'S STANDARD BULK SERVICE BOBCAT OF OTTER TAIL COUNTY BOUND TREE MEDICAL LLC BROCK WHITE COMPANY LLC CARQUEST AUTO PARTS CHECKERS COMMAND SCHOOL INC COOPERS TECHNOLOGY GROUP DACOTAH PAPER COMPANY DAN'S EXHAUST PROS DON'S SERVICE E & J PRESS ECONO SALES AND SERVICE HELEN ERKENBRACK FERGUS FALLS POLICE DEPT FERGUS FALLS SMALL ENGINE & TR FERRELLGAS BARRY FITZGIBBONS ROGER FROEMMING G & K SERVICES g~ g~~~~§~ ~~§ ~~i8uis HENNING TOWNSHIP HENRY'S FOODS INC HOLIDAY INN INTERNATIONAL FALL MARK HOVLAND J EGGUM METALS & RECYCLING DAVID JENNEN . .JJ'S GAS AND GROCERIES KELLY SERVICES INC SCOTT KOENNICKE LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE MALCOLM LEE LITTLE BEAR SERVICES LOCATORS & SUPPLIES INC M-R SIGN CO MACQUEEN EQUIPMENT INC MATTHEW MCGUIRE MERITCARE MEDICAL GROUP MIDWESTERN MAT RENTAL & SUPPLY MILLER & HOLMES INC MN CO TREASURER'S ASSOCIATION AMOUNT 22.46 3,110.00 9,696.34 580.00 127.80 58.10 44.09 8.22 1,709.20 64.23 2.53 5.81 932.00 15.41 200.96 19.78 185.70· 288.61 43.92 194.77 338.83 89.75 37. 81 108.88 74.25 ,2,902.42 71.45 217.64 482.00 206.30 164.26 20.00 1,365.75 385.05 12.00 425.10 87.28 14.25 550.00 67.13 297.00 4,353.92 5.27 1,336.48 10.67 55.00 76.78 1,440.06 25.00 1 ·.otter Tail County Warrants May 25, 2004 · Page 2, Attachment A 5/25/2004 11': 4•5': 3.1 OTTER.TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS -SYSTEM WARRANTS FOR PUBLICATION WARRANTS APPROVED ON. 5/25/2004 FOR PAYMENT VENDOR NAME DENNIS MOSHER MULTIBAND NELSON DODGE GMC SYDNEY NELSON NORTH DAKOTA LAW REVIEW NORTHWEST DIVERS OLSON OIL CO INC OTTER TAIL CO TREASURER OTTER TAIL TELCOM OVERHEAD DOOR COMPANY PAMIDA.INC . PAMIDA PHARMACY PERHAM AREA EMS PERHAM CO OP-CREAMERY PERHAM CONOCO PITNEY BOWES PRO AG FARMERS CO OP· . · PRO-WEST & ASSOCIATES INC PRODUCTIVE ALTERNATIVES INC PROSWEEP INC RAY'S OIL COMPANY RESEARCH SUPPLY & MARKETING REVIEW ENTERPRISES INC ALLEN RICKS SCHMITZ FORD •'·' · ~ SEWER SERVICE -· · '. · SIGELMAN STEEL & SALVAGE CO IN THE STATE CHEMICAL MFG'CO STEINS INC STENERSON LUMBER · THE SUPER SUCKER SUPER 8 PERHAM THERMAL TECHNOLOGIES INC TOM'S BODY SHOP UNIVERSITY OF MN UNIVERSITY OF MN REFERENCE BOO UNIVERSITY OF MN-EXTENSION SER VICTOR LUNDEEN COMPANY VIKING OFFICE PRODUCTS WALTERS PHOTOGRAPHY: WEST CENTRAL JAIL ADMIN ASSOC WEST GROUP PAYMENT CTR WEST OTTER TAIL CO FAIR ASSOCI KYLE WESTERGARD .. SHARON WICKLUND .. XEROX CORPORATION : AMOUNT ·106·: 54' 20, 00 . I 2,347.35 90.00 .. c 30. 00· . . 112. 42 . · 490.91 , 204.20 158.52 375.71. 12.71 2,907.37 3,779.14 .. 139.00 115.00 360.00 749.45 ·405. 00 •. " , 121 .. 41.· 4·, 725. 00 123.00 103 .00 . 25 .OO· '',- 105 .00 12 o .• 29 140;00 11·.99 303.53 1,042.40 5.07 72.19 107.12 2,628.22 213.00 13,422.00 . 53 .00 .53. 85 759.40· 111.28 .. 18. 78 20.00 3,811.30 100.00 ,-17 •. 70 253. 59. 139.67 .· IFD66. COUNTY 56 PAGE 2 5/25/2004 . ., **** FINAL'TOTAL ...... . . $73,Si0,37 ~*** 0 0 0