HomeMy WebLinkAboutBoard of Commissioners - Minutes - 12/16/19920
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Minutes of the
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Commissioners' Room, Floor 1-B
Otter Tail County Courthouse
Wednesday, December 16, 1992
9:30 a.m.
Call To Order
The Otter Tail County Board of Commissioners convened Wednesday, December 16, 1992, at
9:30 a.m. at the Otter Tail County Courthouse with Commissioners Andy Lindquist,
Chairman; Harley Windela, Bill Stone, Malcolm Lee and Virginia Partmann present.
Minutes Approved
Motion by Partmann, seconded Windels and unanimously carried to approve the Budget
Hearing minutes of December 8, 1992.
Motion by Stone, seconded Lee and unanimously carried to approve the minutes of
December 9, 1992, as submitted.
Board of Adjustment
Motion by Lindquist, seconded Lee and unanimously carried to reappoint John Everts to
the Board of Adjustment for a one year term commencing January 1, 1993.
Motion by Partmann, seconded Lee and unanimously carried to reappoint Daniel Oehler to
the Board of Adjustment for a one year term commencing January 1, 1993.
Motion by Lee, seconded Windels and unanimously carried to reappoint Cecil Femling to
the Board of Adjustment for a one year term commencing January 1, 1993.
Motion by Windels, seconded Stone and unanimously carried to reappoint George Walter to
the Board of Adjustment for a one year term commencing January 1, 1993.
Extension Committee
Motion by Stone, seconded Partmann and unanimously carried to reappoint Harold Thoennes
to a three year term on the Extension Committee commencing January 1, 1993.
Motion by Windels, seconded Partmann and unanimously carried to reappoint
Carol Rothemeier to a three year term on the Extension Committee commencing
January 1, 1993.
Planning Commission
Motion by Stone, seconded Lee and unanimously carried to reappoint Robert Schwartz to a
three year term on the Planning Commission commencing January 1, 1993.
Authorization for Bids
Motion by Partmann, seconded Lee and unanimously carried to authorize the Public Health
Director and the Court Services Director to prepare bid specifications and publish
notice for bids for an inter-departmental computer network system.
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otter Tail County Board of Commissioners
December 16, 1992
Page 2
Copier Purchase
Motion by Lee, seconded Partmann and unanimously carried to authorize the Recorder to
purchase an AB Dick photocopier at a cost of $8,120. This machine, it was noted, is
better suited to the use of the Recorder's Office. Monies to be expended from the
Recorder's Equipment Fund.
Solid Waste User Fee Committee
Members of the Solid Waste User Fee Committee (Hanan, Moe, Leabo) discussed further
development of a job description and possible added duties for a proposed position which
would involve keeping the solid waste user fees current and collectible.
Northeast Landfill Leachate Tank
Mike Hanan, Solid Waste Director, apprised the Board of a leak which was discovered in
the leachate tank at the Northeast Landfill. Hanan outlined what actions had been taken
and what needed to be addressed.
Motion by Windels, seconded Partmann and unanimously carried to authorize the Solid
Waste Director to continue to pursue whatever is needed to assure safety and correct the
problem with the leachate tank at Northeast Landfill.
Conditional Use Permit
Motion by Lee, seconded Windels and unanimously carried to refer the Conditional Use
Permit of Susan Persons, Big McDonald Lake, back to the Planning Commission for
consideration after Persons has had the opportunity to meet with Edna Township
Officials. Persons was given up to sixty days to accomplish his request.
Final Plat
Motion by Lee, seconded Windels and unanimously carried to table the Final Plat of
Bal-View Estates, Sec. 31, Twp. 134, R 39, Ottertail Township, until spring when it can
be viewed without snow cover.
Prepayment for Registrations
Motion by Portmann, seconded Lee and unanimously carried to authorize prepayment for
registration of three individuals to attend Commercial Vehicle Inspection
Recertification at a cost of $105.
Motion by Lee, seconded Stone and unanimously carried to authorize prepayment of
registration for one individual to attend Urban Drainage Design Training at a cost of
$100,
Final Payments
Motion by Windela, seconded Stone and unanimously carried to approve the final payment
to starry Construction Co. Inc., Long Prairie, MN, in the amount of $49,790.56 per bid
award of April 22, 1992 -Bituminous Overlay & Aggregate Shouldering.
Motion by Lee, seconded Partmann and unanimously carried to approve the final payment to
Minnerath Construction Inc., Cold Spring, MN, in the amount of $36,880.79 per bid award
of August 12, 1992 -Grading & Aggregate Surfacing -Cross Point Road.
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Otter Tail County Board of Commissioners
December 16, 1992
Page 3
Right-of-Way Purchase
Motion by Partmann, seconded Stone and unanimously carried to authorize the
Highway Engineer to enter into a purchase agreement for property located at Lot 1,
Block 1 of Tri-Lakes 1st Addition, Section 9, Township 136N, Range 42W, otter Tail
County, at a cost of $3,500.
50/50 Land Resolution
Motion by Lee, seconded Stone and u~animously carried to offer the following resolution
by the Otter Tail County Board:
WHEREAS, 300,764.88 acres of land, having a current estimated value of $60,152,976, were
forfeited in Minnesota counties for non-payment of taxes and,
WHEREAS, the counties were entitled to 100% of the gross receipts from these lands, and,
WHEREAS, the County Board of Commissioners in the various counties classified these
lands as conservation lands being they are suited primarily for the growing of timber
and timber products, and,
WHEREAS, the Commissioner of Natural Resources or his staff repeatedly solicited the
county Board of Commissioners in each county to avail itself to state management under
M.S. 89.034 -89.036 and receive 50 percent of the revenue generated from these lands,
hence forth "50/50" lands, and,
WHEREAS, the Commissioner of Natural Resources accepted the management of these lands
subject to the provisions of M.S. 89.034 -89.036 including payment to the county of 50%
of the gross receipts, and,
WHEREAS, the County Board of Commissioners of various counties acting in good faith,
entered into an agreement with the Commissioner of Natural Resources transferring the
management of these lands to the Commissioner of Natural Resources in exchange for
50 percent of the gross receipts as specified in M.S. 89.036, and,
WHEREAS, the Commissioner of Natural Resources supported the repealing of M.S. 89.036
through the "1992 Governor's Supplemental Budget Recommendation" which states that,
"there is no clear rationale for the state to forfeit the revenues from this management
to the counties", and,
WHEREAS, acting on the Executive Branch's recommendations, the 1992 legislature repealed
M.S. 89.036, canceling the 50/50 payments, and,
WHEREAS, the management of these county tax-forfeited lands were transferred subject to
M.S. 89.036; and the repealing of M.S. 89.036 contravenes the intent and basis of the
law therefore violating and voiding the original agreements on which these lands were
conveyed, and would cause Minnesota counties to lose all interest in these lands valued
at approximately $60,152,976.
THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby
support the option of each county to rescind any and all resolutions conveying
management rights and other interests of these county tax-forfeited lands to the State
of Minnesota and Commissioners of Natural Resources under M.S. 89.034 -89.036.
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Otter Tail County Board of Commissioners
December 16, 1992
Page 4
Adopted December 16, 1992. w Dated: /&a111,b1M/ )lq ,/4,ZY OF COMMISSIONERS
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Krohn, Clerk
Payment Approved
Motion by Lee, seconded Partmann and unanimously carried to approve the payment of
$2,393 to the Minnesota Counties Insurance Trust (MCIT) for the Solid Waste Joint Powers
General Liability and Errors/Omissions premium for 1993. This amount is shared by the
eight counties participating in the Solid Waste Joint Powers Board.
Employees' Assistance Program
Motion by Lee, seconded Fortmann and unanimously carried to authorize the Coordinator to
sign the 1993 Employees' Assistance Program contract with Lakeland Mental Health Center.
Computer Update
Tim Brand, Data Processing Director, updated the Board on work being done in the County
Attorney's office and provided information about the progress of the proposed new
computer system.
Closed to Public
Adjournment
At 1:25 p.m., Chairman Lindquist declared the meeting adjourned and closed to the public
for purposes of discussing with counsel pending litigation with the Minnesota Department
of Labor and Industry with regard to laws and regulations relative to safety in the
workplace and specifically, contested OSHA citations. The next Board meeting is
scheduled for 1:00 p.m. on December 23, 1993.
OTTER BOARD OF COMMISSIONERS
Larry Krohn, Clerk
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