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Home My WebLink AboutBoard of Commissioners - Minutes - 09/02/1992,., •• 0 0 0 Minutes of the OTTER TAIL COUNTY BOARD OF COMMISSIONERS Commissioners' Room, Floor 1-B otter Tail County Courthouse Wednesday, September 2, 1992 9:30 a.m. Call To Order The Otter Tail County Board of Commissioners convened Wednesday, September 2, 1992, at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Andy Lindquist, Chairman; Harley Windels, Bill Stone, Malcolm Lee and Virginia Partmann present. Minutes Approved Motion by Stone, seconded Windels and unanimously carried to approve the August 26, 1992, minutes as submitted. Abatement Motion by Lee, seconded Stone and unanimously carried to approve the following abatement: Pelican Rapids City: Rosalba Murillo 76-300-50-0162-000 Canvassing Board Abate to 75% homestead. Card received August 26, 1992, Motion by Stone, seconded Windels and unanimously carried to appoint Commissioners Partmann and Lee, to serve on the Canvassing Board. The Canvassing Board will meet at 9:00 a.m. on September 18, 1992, in the Voter Registration Office. "" Tax Forfeitures Motion by Portmann, seconded by Lee and unanimously carried to approve the Application for Cancellation of Certificate of Forfeiture for the following described parcel subject to the payment of the 1991 property taxes, penalties and interest, which payment would place the confession agreement in a npn-default status: 16-000-14-0080-002 Section 14 Township 136 Range 41 5.23 Part of Government Lot 2 Com. SW Corner Section 14, North 422' to Beginning, N 100', East 1,271.23', south 522', to Sly Line of Section 14, Wly 239', North 422', W 1,032.23' to Beginning. On August 13th, 1992, pursuant to the laws of the State of Minnesota, a Certificate of Forfeiture saw executed by the County Auditor of Otter Tail County describing said lands. This certificate has been filed in the office of the Register of Deeds and recorded as Document# 732767. The parcel herein above described was owned by Ronald and Antonia Donahue at the time of the supposed forfeiture referred to in said Certificate and the inclusion thereof in said Certificate was erroneous for the following reason(s): -·watter Tail County Board of Commissioners September 2, 1992 Page 2 Antonia Donahue appeared on August 3rd, 1992, in the County Auditor's Office. At that time, she was informed that the payable 1992 taxes needed to be paid by December 31st, 1992, and that her installment payment on the confessions needed to be paid by December 31st, 1992. Due to a misunderstanding and miscommunication, she was not informed that the confession was in default for failure to pay the 1991 property taxes and that the property would forfeit on the 13th of August if the confession agreement was not brought current. She has indicated that upon the cancellation of the forfeiture she will bring the confession into current standing. I, Wayne Stein, County Auditor hereby. request that said certificate of forfeiture be cancelled as to the lands herein before described, and that the County Auditor of said county be authorized to execute, file and record a certificate of such cancellation as provided by Minnesota Statutes Sections 279.33 and 279.34 as amended. Motion by Windels, seconded by Partmann and unanimously carried to approve the Application for Cancellation of Certificate of Forfeiture for the following described parcel subject to the payment of all taxes, penalties and interest that were accrued at the time of forfeiture and all taxes, penalties and interest that would have accrued had the parcel not forfeited to the State of Minnesota: 53-000-23-0145-001 Section 23 Township 135 Range 39 .62 South 20' of Sub Lot 7 of Government Lot 3 and 4 on September 19th, 1991, pursuant to the laws of the State of Minnesota, a Certificate of Forfeiture saw executed by the County Auditor of otter Tail County describing said lands. This certificate has been filed in the office of the Register of Deeds and recorded as Document# 718777. The tax records indicated that this parcel herein above described was owned by Harvey and Alma Rousselle at the ~ime of the supposed forfeiture referred to in said Certificate and the inclusion thereof in said Certificate was erroneous for the following reason(s): Upon review of documents that have been filed with the County Recorder's Office since February of 1955 a strong argument can be made that the Rousselles deeded their interest in the above property to John and Minnie LaFrentz in 1965. Due to the wording of the description and the wording of exceptions that appear on the deed a different interpretation of the recorded documents was made leaving a parcel in the name of Harvey and Alma Rousselle. I, Wayne stein, county Auditor hereby request that said certificate of forfeiture be cancelled as to the lands herein before described, and that the County Auditor of said County be authorized to execute, file and record a certificate of such cancellation as provided by Minnesota statutes Sections 279.33 and 279.34 as amended. Underground Fuel Tank & Coal Room Maintenance Supervisor, Rick Sytsma, discussed with the Board specifics of an underground fuel tank located on County property and the present condition of the sidewalls in the coal room in the Courthouse building. 0 Motion by stone, seconded Fortmann and unanimously carried to move forward with an engineering study of the undergrouna fuel tank and the sidewalls/roof of the coal room and to return to the Board with recommendations. 0 ., Otter Tail County Board of Commissioners September 2, 1992 Page 3 OSHA Inspection The Board discussed the recent July 6, 1992, OSHA Inspection with Attachment A read into the minutes by County Attorney, Wally Senyk. Incineration Fees county Attorney, Wally senyk, read a letter to the Board received from the City of Fergus Falls requesting an increase of incineration fees. The Board authorized the County Attorney to inform the Joint Powers Board of the City's request and to request the appropriate paperwork from the City of Fergus Falls. Commissioners Andy Lindquist and Malcolm Lee were appointed by the Board as members of a negotiating committee to address the request of increased incineration fees. Joint Ditch# 1 The County Attorney reported that a combined meeting of Becker County and Otter Tail County officials is required in order to establish a Joint County Ditch Authority. Chairman Lindquist authorized Larry Krohn and Wally Senyk to set up a meeting time and place for this purpose. otter Tail County Humane Society Chairman Lindquist recognized a letter of thanks from the otter Tail County Humane Society Finance and Budget Advisor, Mel Olson, for the Boards' recent action and support of the Humane Society during a time of unforeseen expenses. Insurance Deductible Motion by Lee, seconded Partmann and unanimously carried to approve the payment of $290.62 to Minnesota Counties Insurance Trust for closing File No. 2740, which is under the County's deductible. Payment of Bills Motion by Stone, seconded Partmann and unanimously carried to approve payment of bills per Attachment B of these minutes. Bid Opening: s.A.P. 56-599-14, Bridge No. 95050, Gorman Township The Highway Engineer, having previously advertised for bids, opened the following bids for S.A.P. 56-599-14, Bridge No. 95050, Gorman Township: Dennis Drewes, Inc. $148,132.80 Frazee, MN Midwest Contracting Co., Inc. 142,394.75 Marshall, MN Riley Bros. Construction, Inc. 125,582.00 Morris, MN Q A recommendation for bid award will be made at the September 9, 1992, Board meeting. 0 a ·~otter Tail County Board of Commissioners September 2, 1992 Page 4 T.H. 59 Turnback Highway Engineer, Rick West, informed the Board that the Minnesota Department of Transportation (MNDOT) will maintain the N. 59 s. 59 Turnback through May 30, 1993, and as part of this agreement, the water elevation issue near Bayer's Body Shop will remain a MNDOT responsibility. u-.s. Highway 59 Motion by Lee, seconded Partmann and unanimously carried to support Stevena County in adopting the following resolution requesting the FWHA designate a portion of U.S. Highway 59 to the National Highway System: WHEREAS, the Federal Highway Administration (FHWA) has prepared a draft plan of the National Highway System (NHS) for rural Minnesota, and; WHEREAS, final designation of these principal highways in Minnesota will significantly impact the transportation system and economic viability of the communities served by the NHS, and; WHEREAS, the mid-to-southwestern portion of Minnesota lacks a principal north-south NHS highway; NOW THEREFORE BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby requests that the FHWA designate as a portion of the NHS approximately 199 miles of U.S. Highway 59 from it's intersection with I-94 South of Fergus Falls, MN to Worthington, MN; BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Minnesota Department of Transportation; the .Federal Highway Administration; U.S. Senatore Ourenberger and Wellstone; U.S. Representatives Weber and Peterson; State Senators and Representatives of Districts served by Highway 59; and Governor Arne Carlson. Adopted this 2nd day of September, 1992, at Fergus Falls, MN. Dated: _ _,Cf'-1-/_,_1_,,_/-"r;L.=---r I Larry Krohn, Clerk OTTER TAIL Q 0 0 .... otter Tail County Board of Commissioners September 2, 1992 Page 5 Change Order #2 and #3 to Project S.A.P, 56-648-05 & Etc. Motion by Stone, seconded Lee and unanimously carried to approve asphalt overlay of the parking lot and access road to the New York Mills garage in the amount of $5,394 for Change Order #3 to Project S.A.P, 56-648-05 & Etc. and $5,279.88 for Change Order #2 to Project S.A.P, 56-648-05 & Etc. Budget Commissioners Lindquist and Lee provided an overview of preliminary budget items. Adjournment At 1:45 p,m., Chairman Lindquist declared the meeting adjourned until 1:00 p.m. on September 9, 1992. Dated: _ _,9'-1-/C......:...9 /,.._,_.'J;}__""-'-, __ r, Attest,4 'J' 4L Larry Krohn~lerk cb:kd D OF COMMISSIONERS ---- B 'J 0 otter Tail County Board September 2, 1992 Page 6, Attachment A of Commissioners OTTER TAIL COUNTY OSHA INSPECTION INFORMATIONAL STATEMENT The Minnesota Department of Labor and Industry, Occupational Safety and Health Division (OSHA) conducted a comprehensive inspection of Otter Tail County facilities from July 6 through 14, 1992. This was the first such inspection for Otter Tail County since OSHA standards were first established. To date, the County has been issued citations and notifications of penalties totaling $23,436.00 for alleged violations in the Courthouse and other office facilities. County officials have been told that they will still receive separate citations and penalties for alleged violations relating to Highway Department buildings and equipment. The Otter Tail County Board has been concerned about safety factors and involved in making safety related changes since before the inspection. A Safety Committee was appointed by the board in early 1991 to review County safety practices. That committee has been developing required safety programs and checking compliance with other regulations. In fact, on June 22, 1992, the Safety Committee formally requested a voluntary consultation inspection by a Safety Consultant with the same OSHA department that sent the Enforcement Inspector. Unlike the enforcement inspection, a voluntary inspection by the consultant would allow corrections to be made without penalties. The County has sent a Notice of Contest to the Department of Labor and Industry challenging many of the cited violations. The County objects to the size of the penalties as excessive. They result from a recent significant increase by the Minnesota legislature in the amount of penaltie.s imposed for violations. The County also points to the fact that many of the violations result from design characteristics of buildings constructed and equipment manufactured prior to OSHA requirements. Many of the newer building and equipment violations resulted from the work of outside contractors or suppliers. The County also objects to being cited for failing to have programs that it was in the process of developing, County officials believe that these factors should mitigate the need for the imposed fines. In the Notice of Contest, the County stated, In these times of difficulty in local government financing, it does not make sense to penalize the county taxpayers, who will also have to bear the cost of abatement of the violations. The deterrent purpose of penalties is not served when they are paid by tax dollars. County officials intend to await the Highway Department citation before beginning discussions with the Department of Labor and Industry regarding reduction or elimination of penalties. The Minnesota Department of OSHA has recently reduced similar penalties assessed against local units of government, including the City of Fergus Falls. Otter Tail County is hopeful of receiving the same treatment and reducing its penalties. In the meantime, most of the alleged violations have already been abated. Q 0 ·atter Tail County Board of Commissioners September 2, 1992 Page 7, Attachment B VENDOR NAME ....................... . AMERICAN LEGION FIRING LINE ANDERSON,RUSSELL ARCHIES ASSOCIATION OF MN COUNTIES AUTO GLASS ASSOCIATES BALLARD SANITATION INC. BATTLE LAKE FARMERS UNION OIL BERGE,ANGELA BEST BUSINESS SYSTEMS BEST INC. BIG A AUTO PARTS BILL'S AMOCO SERVICE BRAD RAGAN INC. BUSINESS & LEGAL REPORTS INC. BUTTERWORTH LEGAL PUBLISHING CASS CO SHERIFF CICHY ELECTRIC COAST TO COAST STORE COOPER'S OFFICE SUPPLY INC. COPY EQUIPMENT INC. CRONK,CARLA YVONNE DACOTAH PAPER COMPANY DALQUIST,RICHARD DAYS INN MN NORTH DIVE RESCUE INC./INTERNATIONAL DIVERSION AUTO DON'S SERVICE ELDERS COMM EVERTS LUMBER COMPANY FARNAM'S GENUINE PARTS INC.-FF FERGUS FALLS POLICE DEPT FERGUS FALLS,CITY OF FERGUS .INTERNATIONAL INC. FERGUS INTERNATIONAL INC. FERGUS TIRE CENTER FOTH & VAN DYKE FREDERICKS,CHUCK GENERAL MTCE OPERATION GENERAL TIRE SERVICE GR GRAPHICS INC GRAINGER GREEN GRASS SERVICES HANDEGAARD,STEVE HANSON'S PLUMBING & HEATING HANSON,MARJEAN HARVEST STATES HAUSER,DAVID HEDAHLS AUTO CENTER INDIANHEAD SPECIALTY INTERSTATE INC. JIM'S SERVICE JOHN WILEY & SONS INC. CHECK AMOUNT 7.00 8.00 103.16 40.00 346.93 102.24 206.45 181.22 60.00 26.00 613.91 110.76 85.68 165.95 28.76 1.00 707.45. 19.36 370.36 41. 41 10.00 113.01 50.00 191. 70 355.00 88.21 322.21 99.00 150.34 471.97 528.24 88218.92 71. 73 279.25 46.00 9913.83 275.00 1796.90 844.12 1250.26 127.45 449.70 114.39 635.10 255.11 113.87 46.47 38.30 144.19 6.18 31. 05 70.28 .• 0 •: ·.-Otter Tail County Board of September 2, 1992 Page 8, Attachm~nt B CorM1issioners VENDOR NAME ....................... . K-MART KIMBER'S AUTO SERVICE KITTS CO. KNUTSON ELECTRIC KOCH MATERIALS COMPANY KUSNICK,EILEEN LARRY OTT INC TRUCK SERVICE LARSON,ANGELA LINDQUIST,ANDY LITTLE FALLS MACHINE INC. LLOYD'S MARINE LOCATORS & SUPPLIES LOCATORS & SUPPLIES M-R SIGN COMPANY MASKREY,LORRIE MEMINDEX MEYER'S GARBAGE SERVICE MEYER,EDGAR MIDWEST PRINTING MINNESOTA BLUEPRINT MN ASSOC OF PROBATE REGISTRARS MN STATE SHERIFFS ASSOCIATION MOLTER,BARBARA MOORE BUSINESS FORMS MPD INDUSTRIES INC. NELSON BROTHERS PRINTING NELSON PRO PARTS & SERVICE NORTH MEMORIAL EMS NORTHERN LATH CO. NORTHERN WASTE SYSTEMS NORTHWEST POWER PRODUCTS INC. ORANDI MEDICAL PA OTTER COUNTRY ELECTRIC OTTER TAIL AG CENTER OTTER TAIL CO TREASURER OTTER TAIL CO TREASURER OTTER TAIL COUNTY TREASURER OTTER TAIL VALLEY RAILROAD PAMIDA INC. PELICAN BEACH STORE PERHAM FARM SUPPLY PERHAM STEEL PERHAM SUPER AMERICA PETE'S BODY SHOP !o PIONEER RIM & WHEEL CO. POLIPNICK,DICK PRENTICE HALL INC. PRIMETEC LEASING INC. PRODUCTIVE ALTERNATIVES INC. PUBLIC AGENCY TRAINING COUNCIL- QUADRANT COMPANY RUTTGER'S BAY LAKE LODGE CHECK AMOUNT 69.74 31. 85 6.00 41. 96 72367.68 41. 68 150.00 10.00 207.36 2083.12 30.00 87.83 144.28 1077.81 32.79 23.43 19.17 8.00 535.00 19.19 · 50. 00 175.00 133.47 890.65 217.14 754.67 27.89 120.00 609.70 223.65 16. 41 2100.00 347.51 151. 65 517.55 22.00 517.00 12.50 43.38 116.90 13.27 209.24 359.07 608.70 314.58 140.00 116.30 2350.00 11435.69 450.00 106036.80 476.00 .• .. , ~ter Tail County Board of September 2, 1992 _Page 9, Attachment B Commissioners VENDOR NAME ....................... . SANITATION PRODUCTS SCOTT'S BAIT SERVICE FOOD SUPERVALU SERVICE OIL SOUTH MILL SERVICE STANISLAWSKI,HAROLD STANLEY TOUTGES GARBAGE SERV STATE TREASURER STEIN'S INC. STEVE'S CYCLE TAB PRODUCTS CO. THOMAS OIL COMPANY THORMODSON,DEBBIE TR TACK SUPPLY TURNER, SUE U OF M, MN EXTENSION SERVICE UNIFORMS UNLIMITED VERGAS OIL CO. VICTOR LUNDEEN COMPANY WADENA CO SHERIFF DEPARTMENT WALVATNE,DOUG WASHINGTON CO. SHERIFF WOOD,LORI 127 records listed. CHECK AMOUNT 45.11 60.00 60.30 4.00 86.27 48.95 95.85 94.00 97.30 254.67 216.25 769.27 8.00 763.50 50.00 166.75 452.63 54.30 16.99 18.00 8.00 42.40 2.53 -============ 320292.10