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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/01/2006·- OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 Fir Avenue W., Fergus Falls, MN Tuesday August 1, 2006 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, August 1, 2006, at 9:30 a.m., at the Otter Tail County Government Services Center with Commissioners Roger Froemming, Chairman; Dennis Mosher, Vice-Chair; Bob Block, Syd Nelson, and Malcolm Lee present. Approval of Agenda Motion by Mosher, second by Lee, and unanimously carried to approve the County Board agenda of August 1, 2006, as presented. Approval of Minutes Motion by Block, second by Nelson, and unanimously carried to approve the County Board minutes of July 25, 2006, as presented. Approval to Pay Bills Motion by Lee, second by Mosher, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. WACCO Membership County Coordinator, Larry Krohn, provided a packet of information from County Department Heads regarding their department's use of the Western Area Counties Cities Organization (WACCO) and their opinions on continuing Otter Tail County's WACCO membership. The majority of Department Heads did not recommend continued membership. Motion by Lee, second by Block, and unanimously carried not to participate in WACCO membership and did not authorize the annual membership fee. Proposed Regional West Central C.D. Treatment & Correctional Center County Attorney, David Hauser, reported that he was invited to attend a presentation of Otter Tail County's planning process for a potential jail expansion and discussion regarding a Regional Treatment and Corrections Facility. Mr. Hauser referred to information provided to the Commissioners and other Human Services Directors by OTC Human Services Director, John Dinsmore. This information discussed the need to identify if there are adequate numbers of people in need of the proposed Regional C.D. Treatment & Correctional Center services. A study has been recommended on this type of facility with eleven counties proposed to participate in the funding of the study. Lengthy discussion took place. Motion by Block, second by Mosher, and unanimously carried to authorize Otter Tail County's participation in a Pre-Design and Pilot Study for West Central C.D. Treatment and Correctional Center, with Otter Tail County's portion of the cost at $10,481.00. The motion is contingent upon all eleven counties agreeing to participate in the funding of the study as presented. Recess & Reconvene At 9:48 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 9:56 a.m. OTC Board of Commissioners' Minutes August 1, 2006 Page 2 Performance Evaluation Summary Motion by Block, second by Nelson, and unanimously carried to approve the positive Performance Evaluation Summary of GIS Database Coordinator, Sherry Leabo, as presented, and to direct that the summary be placed in her personnel file. Certification of Land Acquisition Motion by Mosher, second by Lee, and unanimously carried to authorize certification of the following native prairie land located in Western Township by the U.S. Fish and Wildlife Service: Pheasants Forever, Inc: T.131 N. R44. 5th P.M Section 33, the east 60 acres of the SW¼ Decision to Regulate Exposure to Second-Hand Smoke Public Health Director, Diane Thorson, reminded the Board that they are the Board of Health for Otter Tail County and, as the Board of Health, have the authority to adopt ordinances to regulate actual or potential threats. She stated that this should be done by seeking public input and considering recommendations from the CHS Advisory Committee. Ms. Thorson referred to a handout which outlined a summary of the work that has been done by the Public Health Department since last March. Ms. Thorson referred to Public Information meetings, special grant to do additional work to develop an ordinance, resolutions from cities to encourage the County to adopt an ordinance, and numerous letters, phone calls, and post cards on this particular issue. Ms. Thorson expressed her opinion that the Public Health Department has provided scientific evidence and demonstrated overwhelming support from Otter Tail County constituents to proceed with adopting an ordinance to regulate exposure to second-hand smoke. Discussion took place regarding the local survey completed by Dr. Rathge. Motion by Lee, second by Nelson, to proceed with the process of developing a draft ordinance to regulate exposure to second-hand smoke for the County Board to consider. Chairman Froemming called for a roll call vote: Motion failed. Commissioner Lee Commissioner Nelson Commissioner Block Commissioner Mosher Commissioner Froemming Yea X X Nay X X X Motion by Block, second by Mosher, that the County of Otter Tail does not, at this time, adopt an ordinance to regulate smoking in public business establishments. Chairman Froemming called for a roll call vote: Commissioner Froemming Commissioner Mosher Commissioner Block Commissioner Nelson Commissioner Lee Motion passed. Yea X X X Nay X X • r OTC Board of Commissioners' Minutes August 1, 2006 Page 3 Commissioners were asked by a member of the public why the Commissioners, individually, voted the way they did on this issue. Commissioner Block stated that, in his opinion, government should not be involved in running everyone's life and that there is an opportunity to stay away from second-hand smoke and that opportunity is to stay out of the places where there is smoking. Commissioner Mosher has asked and talked with people for the past several months on this issue both for and against developing a smoke-free ordinance. By a long ways, the majority told Mr. Mosher that the business owners should have the right to go smoke free or not. He stated that the majority would like to let the business owner decide and it appears that more and more establishments are voluntarily going smoke-free. Commissioner Froemming stated that this is a free country and expressed similar opinions held by Commissioner Mosher to let the people reduce smoking in public places on their own. People are more mind conscious of smoking in public and smoking in public places has reduced substantially in the past 30 -40 years. Commissioners encouraged Otter Tail County private businesses to voluntarily go "smoke free" in their establishments. Land Surveyor's Certificate of Correction to Plat Motion by Nelson, second by Lee, and unanimously carried to approve the Land Surveyor's Certificate of Correction to the Plat of Quiram's Beach, located on Star Lake in Section 1 of Star Lake Township identified as Attachment B to these official minutes. August 15, 2006, County Board Meeting Motion by Froemming, second by Mosher, and unanimously carried to hold the regularly scheduled County Board meeting on August 15, 2006, at the County's New York Mills Offices (Courtroom), 118 N. Main, in conjunction with the employee picnic as scheduled for that day. Supervisory Training County Attorney, David Hauser, discussed an opportunity for contracting with a firm out of Bismarck for on-going Supervisory Training. Several County officials attended a session put on by the firm and felt that the training was presented in a good format. The training format could be presented at the GSC building so travel would not be required for supervisors and could be presented over a period of several years. He recommended that the Board budget for this training in the upcoming years. Adjournment At 10:53 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, August 8, 2006. Dated :. _ _,%:..,__-_.,g,,__~---'--'.1.,=00-=--..cf:ac._ OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest 4ui&4 " Lfuiy Kllt>hn, Clerk ' g, Board of Commissioners Chair CB/kd , OTC Board of Commrssioners' Minutes August 1, 2006 Attachment A, Page 1 8/01/2006 12,08,03 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE l WARRANTS APPROVED ON 8/01/2006 FOR PAYMENT 8/01/2006 VENDOR NAME A.L.D. CO INC DENIO ENTERPRIS A.'VIANDS LLC IILCOPRO AMERICAN INSTITUTIONAL SUPPLY ART N SIGN INC ASSOCIATED BAG COMPANY AUTO GLASS SPECIIILISTS INC BEAR GRAPHICS INC BEN FRANKLIN BLACK HILLS AMMUNITION BOB'S STANDARD BULK SERVICE BOUND TREE MEDICAL LLC DOUG CANNELL KAREN CANNELL CAROUEST AUTO PARTS CHECKERS CHRISTENSON ELECTRIC INC CITIZENS ADVOCATE COMMISSIONER OF TRANSPORTATION CORPORATE TECHNOLOGIES CUTLER MAGNER COMPANY D & V'S PERHAM BAKERY DEX MEDIA EAST DIVERSION AUTO ECONO SALES AND SERVICE CHUCK EHRENBERG FAIRBANKS SCALES lNC FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP FERGUS FALLS NEWSPAPERS INC FERGUS INTERNATIONAL INC FERRELLGAS FINGERPRINT EQUIPMENT LABS INC THE FORUM FOTH & VAN DYKE G & R CONTROLS GALL'S INC GR GRAPHICS INC FARGO GRAINGER INC MARK HAUGEN, PHD LP HEDAHLS HEADQUARTERS DEAN HEDSTROM HIGH PLAINS TECHNOLOGY THE HOME SHOP HONEYWELL THE INDEPENDENT INNOVATIVE OFFICE SOLUTIONS INSIGHT PUBLIC SECTOR INTERSTATE INC AMOUNT 175.00 7,255.55 961. 60 296.40 698.00 85.72 250.53 3,440.16 19.99 1,876.00 99.68 52.65 27.99 15.10 8.98 104.17 312.35 71.55 4,938.18 266 .14 31,870.87 21. 60 19.40 71.39 308.66 29.99 2,028.82 199.80 ~.528.00 817.59 94. 99 86.46 135.35 193.18 15,183.63 153. 75 374.82 719.23 180.90 718.75 3.41 12 9. 99 57.51 102. 91 396.31 56.70 5,809.21 27,866.78 20.20 OTC Board of Commissioners' Minutes August1,2006 Attachment A, Page 2 8/01/2006 12:08:03 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 2 WARRANTS APPROVED ON 8/01/2006 FOR PAYMENT 8/01/2006 VENDOR NAME J c•s GENERAL STORE JK SPORTS K-MART KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC L & L SERVICE LAKE REGION HEALTHCARE CORP LAKES COUNTRY SERVICE CO OP LARRY O'IT INC TRUCK SERVICE LOCATORS & SUPPLIES INC MCMASTER-CARR SUPPLY COMPANY THE MIDWEEK MN MOTOR COMPANY MN OFFICE OF ENTERPRISE TECHNO MN STATE AUDITOR MN SWM NF FIELD ABSTRACT CO LLC NEW YORK MILLS HERALD NEWMAN TRAFFIC SIGNS OFFICE DEPOT OLSON OIL CO INC OTIS ELEVATOR CO OTTER TAIL CO RECYCLING OTTER TAIL CO TREASURER OTTER TAIL POWER COMPANY OTI'ERTAIL TRUCKING INC PAMIDA INC 008 PELICAN RAPIDS PRESS PEPSI AMERICAS PERHAM ENTERPRISE BULLETIN CITY PERHAM PINE PLAZA TV APPLIANCE & CAMP REVIEW ENTERPRISES INC RICK LEITCH BACKHOE SRVC & PJ RINGDAHL AMBULANCE SERVICE ROYAL T!RE INC VICKI SCHWANKE SJGELMAN STEEL & RECYCLING INC SRF CONSULTING GROUP INC STEINS INC STREICHER$ TNT REPAIR INC TRI STAR RECYCLING UNIFORMS UNLIMITED VICTOR LUNDEEN COMPANY VIKING COCA-COLA WALTERS PHOTOGRAPHY RICHARD WEST WHITE BANNER UNIFORM SHOP AMOUNT 47 .24 1,227.00 135.22 59.95 1,838.27 220.34 314.65 10,520.07 1,040.00 s.31 45.51 48.80 67.81 1,200.00 2,734.38 SO.DO 6,450.00 so.so 1,926.48 67.95 2,769.00 96.25 158.32 301.21 720.00 6,184.60 42.59 136.50 389.30 39.80 185,000.00 281.07 23.60 1,270.50 420.00 1,557.22 69.42 51.13 1,282.82 408.29 173.49 288.20 4,752.30 36.96 73.22 191.25 83.07 120.00 66.00 ., B/01/2006 12,0B,03 .. *** OTC Board of Commissioners' Minutes August1,2006 Attachment A, Page 3 OTTER TAIL COUNTY AUDITOR PANSLSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 3 WARRANTS APPROVED ON B/01/2006 FOR PAYMENT 8/01/2006 VENDOR NAME ZIEGLER INC FINAL TOTAL •••••.. AMOUNT 3,195.00 $351,446.53 **** -; ' OTC Board of Commissioners' Minutes August 1, 2006 Attachment B, Page 1 LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT Name of Plat: QUIRAMS BEACH Pursuant to the provision of Chapter 505.175, Laws of Minnesota, I 957, Timothy M. Haugen, the undersigned, a Licensed Land Surveyor in and for the State of Minnesota, declares as follows· That the plat ofQUIRAMS BEACH dated August 4, 1946 and filed on August 18, 1947 in the office of Register of Deeds, Otter Tail County, Minnesota, was prepared by John E. Howard, Registered Land Surveyor, now deceased 2 That said plat contains the following errors to wit: The legal descnption begins at the lake.shore of Star La.kc. The legal description lacks a basis of bearings. The plat bearing of South 52 degrees 04 minutes West along the southeasterly line of the dedicated public road is erroneous and should have been South 37 degrees 56 minutes West. Per measured field data of existing monumentation, we determined this line to be South 36 degrees 39 minutes 42 seconds West 507.19 feet. Per measured field data of existing monumentation, we determined the call of""Nortb 24 degrees 37 minutes West 17 feet" in the legal description to be North 25 degrees 34 minutes 04 seconds West 20.24 feet. The plat bearing of South 62 degrees 23 minutes West (South 65 degrees 23 minutes West in dedication) along the southerly line of Lot 10 is erroneous and should have been South 69 degrees 00 minutes West. Per measured field data of existing monumentation, we determined this line to be South 67 degrees 41 minutes 24 seconds West 166 feet, more or less. 3. That said plat is hereby corrected as follows, to wit: The platted exterior boundaries of QUIB.AMS BEACH (per measured field data) are designated, monumented and described on attached "EXHIBIT A". Cl,~/f.~ Timothy Mien Licensed Land Surveyor License No. 42298 STATE OF MINNESOTA COUNTY OF (},,-ypt. i'At'- Tbe foregoing instrument was acknowledged before me, a Notary Public, this 2711, day of ..J,.;1.,y , 2006, by Timothy M Haugen, Minnesota Licensed Land Surveyor No 42298. I@• CLEMENT M HENDRICKSON \ ! ,. · NOTARY PUSUC----MINNESOTA I My Commcss10~ &pres JAN. 31. 20IO I Notary Public, l>rnr,it, ~ County, Minnesota My commission expires, = Jf,,:pe,tp ' The above Certificate of Correction to the plat of QUIRAMS BEACH has been approved by the Board of Commissioners of Oner Tail County, Minnesota, at a regular meeting held on the ___ day of --------~ 2006. Chairman of County Board Clerk of County Board en <ON Q) 0 Q) "S a C> cN n, ~ ,.....-c.. -Cl) u.i a:i ~::, -QJ O> C C ::, QJ .Q <C E en .r:. en u ·-"' E :i:: E <C 0 0 "E "' 0 t•f"\I /IT 11V Y I, 'r,T L.V I North lint1 of Covl Lot J ') JJ EXIIlBITA ,.--~ ... -. ' ,., ,'I '(---. f"\f"\\ ,,-r \'JV V I. 'AT L.V I North lintt of the SEl/4 -N[l/4 ci .., JJ .., SC'.l Df!Afl 0 -, __ ---s9auo·oo·c216962---,: I • , -· J l5 1,. 462.89 --DEDICATED PUBLIC ROAD 1706 73 ~ '!'ii \ ·11,1 Y. ----N 9ovo·oo· w 1691.01---~c ~' .... • Norlheo:.t Com•r of ~ South linr, of th• .,.f_;' South l1r10 of the thfl 5£1/,i -N[l/4 North JJ 00 fettl of ,. _, Nor th J.I 00 feet of -< ,, ' i-6~ _, LEGEND e D[NOT[S IRON MONLJME:N r FOUND @ DENOTES CAST IRON MONUMENT FOUND 0 0[NDT£S 1/2• IRON PIPE MONUIJ[Nf SU KITH PLA.Snc CAP WARK[D "P [ S. -4229B" GRAPHIC SCALE IN FEET 0 100 200 400 ~ SCAL£ I INOI .,. 200 F[[ T ORIENTATION OF" THIS BEARING SYSTEM IS ASSUI.IED -< ' CJ' Go-.wnm=t Lot J -< ' /ho S£1/4 -NEl/4 ,_ ·' ' ' <'J·' r:.:,;'-" CORRECTIVE LEGAL DESCRIPTION FOR QUIRAMS BEACH ,-r· o\ :;L-I , . I ·r All that pa,t of Government Lot J and the Southeast Quarter al the Northeast Quarter. Sect,on 1, Township 135 North, Range 41 West of the Fifth Principal Meridian, Otter Toil County. Minnesota, described os follows. Beginning at the northeast earner of soid Southeast Quarter of the Northeast Quarter, thence South 01 degree 35 minutes JO seconds East along the east /me of said Southeast Quarter of /he Northeast Quarter, a distance of JJ.01 feet to the south line of the North JJ 00 feel of !Joid Southeast Quarter of the Nor/hea!JI Ouorter; /hence North 90 degrees 00 minutes 00 seconds West along said south lint1 and olong the soulh line of the North JJ 00 feel of so,d Government Loi J. o distance of 1691.07 feet: thence South J6 degrees 39 minutes 42 seconds West a distance al 507.19 feet; thenctJ North 25 degrt1es 34 minutes 04 seconds WBsl a dis/once of 20.24 foet. thence South 67 degrees 41 minutes 24 seconds West a distance of 166 feet more or less ta the shoreline of Siar Lake; thence narlherly along said shoreline to the north line of said Government Lot 3; thence South 90 degrees 00 minutes 00 seconds East along said north line and along the north line of said Southeast Quarter of the Northeast Quarter. a distance of 2350 feet more or less ta the point of beginning. t,. 1r· -1 I -I 'I(~ I I ~~ f"os/ lino of /ho --:1 Sfl/.f -Nfl/.f ~ ~ DETAIL (no/ lo scale) ,,,,----::,::: :;,,, , Oui"om~ Baach , / / prr dad/ca/Ion \ _, , I(, I.J/60' ),,ii I \' . I I \ ';~N 2Z'Ot,'-tt1" W .H7' L H--~ I I \ / / \ \ Narlh IA,• al I ', 1, ~--:n~=:d / ' , '--~ ----__ ,,,, OUART[R CORNER ~ C, ~I,,, -"' " ci j_"' ,1 · ' , ,' LIN[ TABLE' l/NE BE'ARING DISTANCE LI N 25•34'04• W 202-1 12 S 67'4/"24" W 166 ± [J s 67'41':,r w 118 46 14 s BB"J5'os· w 178 .1 15 5 88"]5'05" W IJO.JJ