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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