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Home My WebLink AboutBoard of Commissioners - Minutes - 05/21/1996i Minutes of the OTTER TAIL COUNTY BOARD OF COMMISSIONERS Commissioners' Room, Floor 1-8 Otter Tail County Courthouse Tuesday, May 21, 1996 9:30 a.m. Call To Order The Otter Tail County Board of Commissioners convened Tuesday, May 21, 1996, at 9:34 a.m. at the Otter Tail County Courthouse with Commissioners Virginia Portmann, Chair; Malcolm Lee, Harley Windels, and Andy Lindquist present. Commissioner Stone was absent. Approval of Agenda Motion by Lee, seconded Lindquist and unanimously carried to approve the agenda of May 21, 1996, with the following addition: Request for Approval of Annual Boat and Water Agreement. Approval of Minutes Motion by Windels, seconded Lee and unanimously carried to approve the minutes of May 14, 1996, as submitted. Snowmobile Trails Duane Rose, representing the Otter Country Trails Association and Lake Runner Trail Association, requested approval of a resolution to allow Otter Tail County to continue sponsoring grant-in-aid for the snowmobile trail associations. Mr. Rose reviewed the trails under the Grant-In-Aid program and stated that any additional trails added to the program would require separate board approval Grant-In-Aid Snowmobile Trail Resolution Otter Tail County Resolution No. 96-27 Upon a motion by Lindquist, seconded Lee and unanimously carried, the Otter Tail County Board of Commissioners adopts the following resolution: BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for Otter Country Trail Association and Lake Runners Trail Association and proposed extensions of Grant- In-Aid Trails. Adopted this 21st day of May, 1996 Dated: __,_~.:...;,..g~b"-' ..cc2&zu.,,,-· .L/.,_'1.,_'!.,.b'---- Attest: -+J-'-"'a;""r,u"""''l----'a-4'"-"-·""0"'--'---Lafry Krohrf F COMMISSIONERS Application for Authorization for Exemption from Lawful Gambling License An Application for Authorization for Exemption from Lawful Gambling License has been submitted by the Finn Creek Museum for an event scheduled for August 25, 1996. No objection was expressed by the County Board to prohibit the activity Otter Tail County Board of Commissioners May 21, 1996 • Page 2 Liquor Licenses Motion by Lee, seconded Lindquist and unanimously carried to approve the following licenses: applications for Bal moral Golf Course Michael Hemquist Ottertail, MN Blue Horizon Ballroom Diane Wanner New York Mills, MN Heisler's Country Store Marvin Heisler Vergas, MN Hidden Acres Craig Ronning Vergas, MN Lenny's Dance Barn Leonard A. Lund Underwood, MN Madsen's Resort Charles Malmstrom Battle Lake, MN Mosquito Heights Steven Leonard Lehmann Perham, MN Pelican Hills Park, Inc. John Kent Morgan Stony Bar Estates Pelican Rapids, MN Sunset Beach Resort Scott E. Olson Battle Lake, MN Wee Villa Resort Marilyn Ann Heit Fargo, ND *On/Off-Sale Non-Intoxicating Malt Liquor License *On/Off-Sale Non-Intoxicating Malt Liquor License *On-Sale Wine License Off-Sale Non-Intoxicating Malt Liquor License *On/Off-Sale Non-Intoxicating Malt Liquor License *On/Off-Sale Non-Intoxicating Malt Liquor License Consumption and Display Permit *Off-Sale Non-Intoxicating Malt Liquor License *On/Off-Sale Non-Intoxicating Malt Liquor License *Off-Sale Non-Intoxicating Malt Liquor License On/Off-Sale Non-Intoxicating Malt Liquor License -*On/Off-Sale Non-Intoxicating Malt Liquor License *Subject to the approval of the County Attorney's Office. Annual County Boat and Water Safety Agreement • Q Otter Tail County Resolution No. 96-28 Q Upon a motion by Lee, seconded Windels and unanimously carried, the Otter Tail County Board of Commissioners adopts the following resolution: 0 Date of Agreement County Amount of Payment January 1, 1996 Otter Tail $49,830.00 Otter Tail County Board of Commissioners May 21, 1996 Page 3 Term of Agreement Jan. 1, 1996, through Dec. 31, 1996 THIS AGREEMENT, as per January 1, 1996, between the State of Minnesota, acting by and through the Commissioner of Natural Resources, hereinafter referred to as the "State", and above named County, hereinafter referred to as the "County". WHEREAS, under the provisions of M.S. Section 86B.105 the sheriff of each county is required to carry out the provision of Chapter 86B and.'the Boat .and Water Safety Rules, hereinafter referred to as the "Minn. Rules," promulgated by the Commissioner of Natural Resources, including patrol, enforcement, search and rescue, watercraft inspection, waterway marking and accident investigation, all hereinafter referred to as the "Sheriffs Duties", and WHEREAS, in connection with the Sheriffs Duties M.S. Section 86B.701 provides that the County submit to the Commissioner of Natural Resources a budget to carry out the Sheriffs Duties; and WHEREAS; M.S. Section 868.701 and the Minn. Rules provide for the allocation of funds by the Commissioner to the County Based on certain criteria and conclusions to assist the funding of the Sheriffs Duties; and WHEREAS, The County has submitted a proposed budget to the State which is attached hereto as exhibit A. NOW, THEREFORE, it is agreed as follows: A. (DUTIES) The County Sheriff shall perform the Sheriffs Duties as defined herein. B. (TERM) This agreement shall be effective under Term of Agreement as stated above. Funds not expended by the latter date shall be returned to the State. In no case will expenses incurred outside of this agreement be funded by the State. C. (PAYMENT) The State shall advance the County the Amount of Payment as stated above for the activities stated in Chapter 86B. Further detail on allowable expenses is stated in "Allowable Expenditures Under the Boat and Water Safety Program" attached to this document as exhibit B. D. (REPORTS) The County shall promptly submit reports on both activities and expenditures when requested by the State. E. (RECORDS) The books, records, documents, and accounting procedures, and practices of the County relevant to this grant shall be subject to examination by contracting department, as well as the legislative and state auditors. Records shall be sufficient to reflect all costs incurred in performance of this grant. F. (EQUIPMENT) The title to all items of equipment purchased with funds from this grant shall remain with the County. All equipment purchased entirely with these funds must be used only for boat and water safety activities. G. (TERMINATION) The state may terminate this agreement "with cause". The term "with cause" shall mean that the county and/or the Sheriff has failed to carry out the responsibilities mandated by Minnesota Statute Chapter 86B and rules promulgated thereunder, after submitting a budget. Provided, however, this agreement may not be terminated without 30 days written notice by the State setting forth the "cause for termination". If at any time within the 30 day "cause for termination", notice period the Otter Tail County Board of Commissioners May 21, 1996 Page 4 State determines that the "cause for termination" is not cured, within the 30 day notice period, the • County shall return any unused funds advanced as of the date of termination. O Adopted this 21st day of May, 1996 Dated: ___f_'m.!.J&:"'tf~«utf;"--J-• 1...L 9'll.l.!&.0'---- Attest: ~Ja=':t&.:,,~~-____(...&L~·i,.a::J<:1,·:::1,,· · _ 1 _ Larry Kro,)fn ortmann, Ch Closed to the Public At 10:05 a.m., Chair Partmann declared the meeting of the Otter Tail County Board of Commissioners closed to the public for the purpose of evaluating the performance of Larry Krohn, County Coordinator, and Chuck Kitzman, Court Services Director, pursuant to M.S. 471.705 Subd. 1d(d). A summary report of performance conclusions will be provided at the next regular board meeting. At the conclusion of the closed session (11: 15 a.m.), Chair Partmann recessed the board meeting. Reconvene Approval to Pay Bills At 1 :00 p.m., Chair Partmann reconvened the Otter Tail County Board of Commissioners' meeting and called for approval of bills. Motion by Lee, seconded Windels and unanimously carried to approve the bills per Attachment A of these minutes which include lodging payments as follows: Crown Sterling Suites Holiday Inn Downtown Holiday Inn St. Paul -East Red Carpet Inn Ruttgers Sheraton Inn Midway County Attorney, Wally Senyk present. Chief Deputy, Mark Morris Solid Waste Contractor, Scott Hofland Investigator, Michael McCormick Sheriff, Gary Nelson Accountant, Gerald Frederick Account Technician, Helen Erkenbrack Investigator, Richard Tamke Sheriff,· Gary Nelson Bid Opening -S.A.P. 56-688-01TB & Etc. and S.A.P. 126-104-02TB After previously advertising for bids, Rick West, Highway Engineer, opened the following bids for S.A.P. 45-688-01TB & Etc. and S.A.P. 126-104-02TB (Reconstruction Project): Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Co. Fergus Falls, MN Riley Bros. Construction, Inc. Morris, MN $2,217,578.40 2,155,668.54 2,299,612.36 The Highway Engineer will review the bids and return to the board for recommendation for award in two weeks. 0 0 Otter Tail County Board of Commissioners May 21, 1996 Page 5 Contract Approval -Railroad Crossing Signals Motion by Windels, seconded Lee and unanimously carried to authorize the Chair's signature to execute an agreement between Otter Tail County and MnDOT and Burlington Northern Railroad Company for Railroad Crossing Signals on County Highway 143, one mile west of Bluffton, MN, contingent upon the approval of the County Attorney. Weight Restrictions Mr. West informed the board that Otter Tail County weight restrictions will be removed at 12:01 a.m. May 28, 1996. Approval of Proposal -ROI Consultants, Inc. Motion by Windels, seconded Lindquist and unanimously carried to approve the proposal of ROI Consultants, Inc., in the amount of $6,500, to assist with procedures and policies in the· Human Services Department. · '- Recess Chair Partmann recessed the meeting at 1 :23 p.m. for a short break. Ditch No. 21 At 1 :30 p.m., Chair Portmann reconvened the Board of Commissioners' meeting for the continuation of the Ditch 21 Public Hearing. Opinions of the public regarding determination of benefits were re-examined in several situations to determine if changes will be required. Ditch Inspector, Tiny Holm, and the Ditch Viewers, checked seven different individual concerns expressed at the May 7, 1996, Ditch 21 Public Hearing. Mr. Holm recommended the following changes: James Stolle Change 1,500 ft. of A classification on Little Pleasant to C classification Change 2 acres on Little Anna to Ag land because the land was not buildable Change 2,000 ft. on Pleasant from B classification to C classification because of location of a road Leonard Davis Change 600 ft. of A classification to B classification Dave Beckner Donald Eggum Change 700 ft. from B classification to C classification Duane Krog Remove 100 acres because this land drains to the North, not into the Ditch 21 system Duane Rose Remove 55 acres because this land drains to the north, not into the Ditch 21 system James Lueck Left as is -highest and best use of the land Roger Peterson Change 600 ft. to C classification because property is not buildable under current platting policies Steve Nelson Remove 9 acres that do not drain into the Ditch 21 system ~ Otter Tail County Board of Commissioners May 21, 1996 Page 6 Leonard Davis, Fish Lake, expressed concerns. Clarence Sporre stated that he owns two 50 ft. lots on < Fish Lake and had been listed as owning a 60 ft lot and a 90 ft. lot. Mr. Holm responded that this error had Q already been corrected. Dave Beckner expressed concerns about water flow into and out of Fish Lake. The County Attorney stated that the above changes will slightly change determination of benefits for others in the Ditch system. Continuation of the Public Hearing for final decision is set for Tuesday, May 28, 1996, at 1:30 p,m. Adjournment At 2:01 p.m., Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners adjourned until 1 :00 p.m. Tuesday, May 28, 1996. Dated: ____.'1}'.]_._.,..~__,d.......,,R+1 _,._/_._9_.._?'2,..__ __ CB/kd Attachment 0