HomeMy WebLinkAboutBoard of Commissioners - Minutes - 01/19/19990
Q
0
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, January 19, 1999 at
9:32 a.m. at the Otter Tail County Courthouse with Commissioners Sydney Nelson, Chair;
Virginia Partmann, Vice-Chair; Malcolm Lee, Andy Lindquist, and Roger Froemming present.
Approval of Agenda
Motion by Lee, second by Partmann, and unanimously carried to approve the County Board
agenda of January 19, 1999 with the following additions:
Capital Improvement Committee Meeting
Solid Waste Meeting
Approval of Minutes
Motion by Lindquist, second by Froemming, and unanimously carried to approve the County Board
minutes of January 12, 1999 as mailed.
Adoption of Otter Tail County E-Mail Policy
MIS Director, Tim Brand and other members of the MIS Steering Committee presented the
Otter Tail County LAN Electronic Communication and Internet Policy proposal dated 9-11-98. Mr.
Brand explained that portions of the policy are from policies currently being used by other counties.
He stated that every employee must understand and sign-off on the policy before access will be
given to use e-mail. Mr. Brand reported that the first stage is to establish e-mail within the county.
The second stage is to establish outside e-mail via the State MNET connection. The State MNET
connection will cost the County $320 per month for unlimited use.
Motion by Lindquist, second by Partmann, and unanimously carried to approve the e-mail policy
(Otter Tail County LAN Electronic Communication and Internet Policy dated 9-11-98) as presented
subject to all employees reading and signing the approved policy. The policy is attached as
Attachment A to these minutes.
1999 Committee Appointments
Chairman Nelson appointed the following commissioners to 1999 county committees as follows:
AMC Delegates Five Seated Commissioners
County Coordinator
County Attorney
Highway Engineer
BudgeUAudit Committee Nelson
Lee
Building Committee, New York Mills Nelson
Froemming
Otter Tail County Board of Commissioners
January 19, 1999
Page 2
Building Transportation
Capital Improvement Committee
Community Partners
Department Head Liaison
Economic Development Committee
Employee Relations/Labor Negotiations
Employee Safety Committee
Environmental Health Reporting Committee
Extension Committee
GIS Committee
International Coalition
Joint Powers Board (Solid Waste)
Lakeland Mental Health
Land & Resource
Law Library
Minnesota Rural Counties Caucus (MRCC)
Noxious Weed Appeal
Recycling Committee
Red River Development
Regional Treatment Center Task Force
Transportation Advisory Committee (TAC)
Wadena Community Action Council
West Central Area Agency on Aging
WCR Juvenile Center Advisory Board
' ' .
Lindquist
Lee
Lindquist
Partmann
Lindquist
Lee
Lee
Lindquist
Partmann
Partmann
Lee
Partmann
Lindquist
Lee
Lindquist
Nelson
' Lee
Partmann
Lee
Lindquist
Lee
Lindquist
Partmann
Lee
Froemming
Delegate -Nelson
Alternate Delegate -Froemming
East -Froemming
West -Lindquist
Lee
Froemming
Partmann
Lindquist
Lee
Nelson
Partmann
Nelson
Commissioner Lindquist requested that the County Coordinator check on the citizen members-at-
large currently serving on the Noxious Weed Appeal Committee to determine their terms and if
new appointments are necessary.
0
Motion by Partmann, second by Lee, and unanimously carried to approve the 1999 voting
members of the Association of Minnesota Counties (AMC) as listed in the above 1999 Committee r'I __ .
Appointments. """""'
0
0
0
Otter Tail County Board of Commissioners
January 19, 1999
Page 3
Planning Commission Recommendations
Conditional Use Permit -Jefferry L. Gaudette:
Motion by Partmann, second by Froemming, and unanimously carried to approve a Conditional
Use Permit to use a 40' x 100' building for an EDM shop on Buchanan Lake (Sec. 2, Twp, 134N,
R. 39W, Hawes Beach Lot 1, Otter Tail Twp, 56-209) with conditions as recommended by the
Planning Commission.
Preliminary Plat -"Old Town Acres''/John H. Walsh:
Land & Resource Director, Bill Kalar, presented a map showing one lot that will be divided into two
lots and explained that during the Planning Commission's discussion regarding this plat, a question
pertaining to lot width arose. Discussion followed regarding substandard lots, etc.
Motion by Lindquist, second by Lee, and unanimously carried to approve the Preliminary Plat of
John H. Walsh known as "Old Town Acres" (Sec. 12, Clitherall Twp, 56-238) subject to conditions
as recommended by the Planning Commission.
Conditional Use Permit -Steven Freiie:
Motion by Lee, second by Lindquist, and unanimously carried to approve a Conditional Use Permit
to fill in a man-made slough to provide lake access on Tamarac Lake (Sec. 23, Twp. 137, R. 43,
Scambler Township, 56-931) with conditions as recommended by the Planning Commission.
,Mr. Kalar noted that under the Wetland Conservation Act, this area is not considered a wetland
· because it was not created for wetland purposes.
Preliminary Plat and Conditional Use Permit -"Christianson's Sunlight Beach Estates:
The Land & Resource Director explained that this is a preliminary plat for 3 lakeshore lots. Initially
the proposed driveway was not designed to meet county specifications and be dedicated to the
public, therefore, the plat was re-done to include the public road. In the new drawing, lot 5 would
be connected to lot 3 and attached permanently. Owner and developer, Kevin Christianson,
requested that a bond of credit be posted so he could start building before the road is completed.
Discussion followed.
Motion by Lee, second by Partmann, and unanimously carried to approve the preliminary plat of
Concordia College Corporation known as "Christiansen's Sunlight Beach Estates" (Sec. 3, Twp.
137, R. 42, Dunn Township, 56-786) and a Conditional Use Permit to build a road to service the
plat subject to conditions as recommended by the Planning Commission and with the following
conditions: 1) post a $55,000 cash bond in lieu of completing the road prior to submittal of final
plat and 2) stipulation/condition that lot 5 is permanently attached to lot 3 on the revised
preliminary plat submitted on January 19, 1999.
Conditional Use Permit -Duane & Marion Donley/Larry Stoller:
Motion by Lindquist, second by Partmann, and unanimously carried to uphold the denial of the
Planning Commission for a Conditional Use Permit request of Duane & Marion Donley/Larry Stoller
on Lake Alice (Sec. 25/36, Twp, 135, R. 40, Dead Lake Twp, 56-244).
Conditional Use Permit -Young Life Campaign:
Motion by Lee, second by Partmann, and unanimously carried to approve a Conditional Use
Permit for Young Life Campaign to add building(s) on Pelican Lake (Sec. 2 & 3, Twp. 137, R. 42,
Dunn Township, 56-786) with conditions as recommended by the Planning Commission.
Otter Tail County Board of Commissioners
January 19, 1999
Page 4
Certificate of Correction to Plat -Merryland Park
Motion by Lindquist, second by Lee, and unanimously carried to approve the Land Surveyor's 0
Certificate of Correction to the Plat of Merryland Park as Attachment B of these minutes.
TIF District Meeting
The City of Perham will be considering the Modifications to the Tax Increment Financing Plans for
Tax Increment Financing Districts Nos. 2-1, 2-2, 2-3, 2-4, 2-5, 2-6 and 2-7, all located within
Development District No. 2 at a public hearing to be held at City Hall, City of Perham, on Monday,
February 8, 1999 at 7:00 p.m.
Reclassification/New Position
County Coordinator, Larry Krohn, reported that a job description containing new/additional duties
for the Secretary/Receptionist position in the County Coordinator's office was sent to DMG. DMG
classified the position at a grade 12.
Motion by Portmann, second by Lindquist, and unanimously carried to approve job grade 12 for the
aforementioned position as classified by DMG.
Mr. Krohn explained that funds for a new clerical position in the Coordinator's Office are included in
the '99 budget. He requested authorization to forward a draft job description for salary grade and
ultimately to fill the position.
Motion by Portmann, second by Lee, and unanimously carried to authorize the County Coordinator
to proceed with obtaining a salary grade for a new support services/clerical position in the Q.,
Coordinator's office.
Committee Reports
Commissioner Lee reported on a GIS Committee meeting with outside vendors working on the
project. He reported that implementation of the E-911 procedure is expected the year 2000.
Commissioner Lindquist reported on a recent Lakeland Mental Health Board meeting. He updated
the Board members on the hiring process for Director of Lakeland Mental Health and reviewed the
financial status of the clinic.
Adjournment
At 11 :09 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, January 26, 1999 at 1 :00 p.m.
Dated: ~a a,,,, o o(J"'c2,(o, / 111
Attest ~ ff#-
LarryKroh, Clrk
OTTER T
CB/kd
Attachments 0
0
0
OIC B:ard of O:mnissi=s
January 19, 1939
Attachralt 1'A11
OTTERTAIL COUNTY Pa;ie 1
LAN ELECTRONIC COMMUNICATION AND INTERNET POLICY
(9-I 1-98 Proposal)
This policy pertains to any computer that is connected to the county LAN (Local Area Network).
The County of Oner Tail provides a variety of electronic tools such as telephones, computers,
facsimile machines, pagers, electronic mail ( e-mail) systems, and Internet access for employees
whose job performance would be enhanced by the technology. The county faces the challenge of
making maximum use of the benefits of such tools, meeting legal requirements for access to
information, and providing adequate protection for proprietary information. This policy governs
access to and the appropriate use of the county LAN at all hours of the day.
Employees access to and use of the county LAN is intended for business-related purposes.
Limited and reasonable use of these tools for occasional employee personal purpose that does not
result in any additional costs or loss of time or resources for their intended business purpose is
permitted.
The County electronic mail system (e-mail) including the equipment upon which information is
sent, received and stored. and all communications and messages within that system are County
property.
Department Head Responsibility. Department heads are · responsible for ensuring the
appropriate use of all electronic tools. including e-mail and internet access through training,
supervising, coaching and taking disciplinary action, when necessary. Department Heads shall
use this policy as a framework for issuing their o\\n departmental policies.
Employee Responsibilit,·: County employees are responsible for appropriate use of e-mail and
Internet access. They are expected to adhere to the highest ethical standards when conducting
county business. Violations of this policy may result in disciplinary action.
,
Appropriate Use: County employees need to use good judgment in Internet access and
e-mail use. They are expected to ensure that e-mail messages are appropriate in both the types of
e-mail messages created and the tone and content of those messages. Employee use of e-mail
and the Internet must be able to withstand public scrutiny without embarrassment to the
department or the County of Oner Tail.
Inappropriate Use: Examples of inappropriate use of the county LAN include, but are not
limited to:
• Illegal Activities
• Wagering, betting or selling
• Harassment and discrimination C) • Fund-raising for any purpose unless County approved
0
0
• Commercial activities, e.g. personal for-profit business activities
• Promotion of political or religious positions or activities
Attachralt "N' .
Pa;e 2
• Receipt, storage or transmission of offensive, racist, sexist, obscene or pornographic
information
• Downloading software (including games, wallpaper and screen savers) from the Internet
unless approved by the department head and LAN Administrator
• Disabling of anti-virus program
• Subscribing to other browsers
The traditional communication rules of reasonableness, respect, courtesy, common sense and
legal requirements also apply to electronic communication. For example, actions that are
considered illegal such as gambling and harassment are not up to the discretion of individual
departments or individual employees. These actions break the law whether the behavior is
conducted on e-mail or by another means of communication, and they may subject the employee
to disciplinary action up to and including discharge.
Inappropriate Material, Notif)· Department Head: Employees should be aware that they
might receive inappropriate and unsolicited e-mail messages. Any such messages should be
reported immediately to the employee's department head.
It is realized that an employee may inadvertently come across inappropriate material or data. A
mistake such as this is normal in the use of the Internet and should be brought to the attention of
the department head immediately. Failure to do so could result in disciplinary action.
Unauthorized Uses: County ovmed property or sen·ices including the e-mail system may not be
used for political activities, fund-raising, campaigning for elected office, union orgamzmg
activities, or solicitation or discouragement of employees for union membership.
Disks: No disk or software, including screen savers, may be loaded onto any County computer
vrithout first having approval of the department head or her designee. Any disk that is to be
loaded onto a county computer must first be scanned for viruses.
Viruses: If at any time a virus is detected, whether it is on a disk or a hard drive, an employee
must immediately notify the department head or his designee who in tum must immediately
notify the LAN administrator.
System Security: The LAN administrator is responsible for establishing policies regarding
password management, encryption, monitoring access and the like, and for communicating those
policies to county employees.
Monitoring: Electronic communication devices such as telephones, facsimile machines, pagers,
county e-mail systems and Internet access are County property. Like other County resources,
they are intended to be used for County business and other county-sanctioned activities. All
legal methods may be utilized to monitor the use of the county LAN at the time of use, during
routine post-use audits and during investigations.
2
0
0
Attactnalt "A"
~3
Government Data Practices: Data that the County maintains electronically is government data
and, as such, is subject to classification and access under the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13. Employees should understand that electronic data
is not completely secure. For example, e-mail messages can be altered by a recipient and
retransmitted as if from the original sender, or data can be illegally accessed. They should also
understand that e-mail messages and Internet transactions, including those they delete or erase
from their own files, may be backed up or recorded and stored centrally for system security and
investigative purposes. They may be retrieved and viewed by someone else with proper
authority at a later date. It is the user's responsibility to use care in communicating information
not meant for public viewing.
Because the e-mail and Internet systems are not secure, employees should not send any data
classified as not public (private or confidential data on individuals or non-public or protected
non-public data not on individuals) over the e-mail or Internet systems unless the data is
encrypted or encoded.
Record Retention Schedule: Record retention schedules are the same regardless of the medium
used to create or store the record. See Minnesota Statute § I 38.17. As a result, some e-mail
messages may be official records of the County and must be retained in accordance with the
department's record retention schedule appropriate for the type, nature and content of the record.
Improper disposal may subject the employee and the department to legal sanctions and other
administrative or legal consequences.
3
•
0
0
0
ore B:Brd of O:nmissicrers
Attachralt 1'811
R:g:!l
Jam.my 19, 1999
LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT
Name of Plat: MERRYLAND PARK
Pursuant to the provision of Chapter 505.175, Laws of Minnesota, 1957, David A. Anderson, the undersigned, a
Registered Land Surveyor in and for the State of Minnesota, declares as follows:
1. Thal the plat of MERRYLAND PARK dated May 10, 1927 and filed on June 28, 1928 in the office of the County
Recorder, Otter Tail County, Minnesota, in Book M of Plats, Page 48, was prepared by Ernest E. Johnson, Land
Surveyor, Minnesota Registration No. 1201, deceased.
2. That said plat contains the following omissions to wit:
· A tie to the southwest comer of Government Lot 1 omitted from the legal description on said plat. The call of South 86
degrees 30 minutes West along the south lines of Lots 22, 23 and 24 should be North 86 degrees 30 minutes West. The
call along the shore of Marion Lake was omitted from 2 calls in the legal description.
3. That the legal description on said plat is hereby corrected as follows. to wit:
That part of Government Lot 1, Section 7, Township 135 North, Range 39 West, particularly described as follows to wit:
Commencing at the southwest corner of said Government Lot 1 · thence North alone the west line of Government Lot
1 a distance of 779 71 feet to the point of beginning of the land to be described· thence continuing North along said
west line of Government Lot 1, a distance of 300 feet to high water mark of Marion Lake; thence South B6 degrees 30
minutes East along shore of Marion Lake 200 feet; thence North 89 degrees 1 o minutes East along sbo[e of Marion
~200 feet; thence North 76 degrees 40 minutes East along share of Marion Lake 200 feet; thence South 23
degrees 20 minutes West aoo feet; thence South 76 degrees 40 minutes West 232.B feet; thence South 89 degrees
10 minutes West 236.7 fee'.t; thence NQctb.86 degrees 30 minutes West 200 feet to the point of beginning.
✓~V~ "David A. Anderson
Land Surveyor
Minn. Reg. No. 13620
STATE OF MINNESOTA
COUNTY OF OTTER TAIL fl, kMJv
The foregoing instrument was acknowledged before me this ../fl!!!_ day of ~KA-f2, Y
Anderson.
. 19_1L by David A.
•,---.~--CL-EM-EN-T-M.-H-EN-DA-IC_K_SON''1
-NOTARY PUBI.IC-tllNNESOTA I c,~~
Notary Public, Otter Tail ~y, Minnesota
1 OTTER TAIL COUNTY
11y Comlollan E,i,ns JAN. 31, !000 ____ ..... ______ --t My Commission Expires /J. ~ ~()t7
This above Certificate of Correction to the plat of MERRYLAND PARK has been approved by the Board of
Commissioners of Otter Tail County, Minnesota, at a regular meeting held on the _______ day of
-----~19 __ .
Chairman of the County Board Attest