Loading...
HomeMy WebLinkAboutBoard of Commissioners - Minutes - 02/10/1984MINUTES OF THE ADJOURNED MEETING OF THE BOARD OF COUNTY COMMISSIONERS OTTER TAIL COUNTY MINNESOTA Pursuant to adjournment, the Board of County Commissioners of Otter Tail County Minnesota met Friday, February 10, 1984 with all members present. Chair- man Nelson called the meeting to order at 12:30 p.m .. Sheriff Glen Melby appeared before the Board and presented the 1983 Annual Report. N6 action taken. Because of conflicts, motion was made by Bert Hovland, seconded by Hub Nordgren and carried to move the February meeting from the 21st to the 27th. Motion was made by Sydney Nelson, seconded by Andy Leitch and carried, to re-appoint Sydney Nelson to the Board of Directors of the Red River Valley Develop- ment Association. Motion was made by Andy Leitch, seconded by Hub Nordgren and carried, to authorize the County Auditor to advertise for bids to be received until 10:00 a.m., Tuesday, March 6, 1984, for four 1~84 model heavy duty police equipped patrol cars for use by the Sheriff's Department. Representatives of the Perham Fire Department appeared before the Board requesting approval of a parade route for the Perham Fire Department's 100th anniversary to be celebrated on June 30, 1984. Motion was made by Hub Nordgren, seconded by Van Ellig and carried, to authorize detouring of traffic on county roads for said parade. County Engineer Dennis Berend presented proposals from various firms for removal of trees along the road right-of-way on County Road #1 at Otter Tail Lake, as follows: Carrs .Tree Service, Battle Lake, MN Harles Tree Service, Fergus Falls, MN Swedberg Nursery, Inc., Battle Lake, MN dead trees $3,490.00 3,950.00 6,900.00 all trees & stumps $11,490.00 19~640.00 44,780.00 AFter consideration, motion was made by Bert Hovland to accept the low bid of Carrs Tree Service, Battle Lake, MN in the amount of $11,490.00, and witb- drawn. Motion was made by Hub Nordgren, seconded by Van Ellfg and carried, to accept the low bid of Carrs Tree Service, Battle Lake, MN in the amount of $3,490.00 for re- moval of dead trees only. I Upon motion made by Sydney Nelson, seconded by Bert Hovland and carried, the following resolution was adopted: WHEREAS, Otter Tail County, to comply with the State of Minnesota Action Plan, did hold a public meeting on February 6, 1984, to consider a long range bridge and highway construction plan, and WHEREAS, the adoption of a future bridge and highway construe.;.. , tion plan in accordance with the Minnesota Action Plan is required, NOW, THEREFORE, IT IS RESOLVED, that the "1984 Otter Tail County Bridge and Highway Construction Plan,"' dated February 6, 1984, as pre- pared by the County Highway Engineer, is the 1984 long range Bridge and. Highway Construction Plan for Otter Tail County. BE IT FURTHER RESOLVED, that the proposed construction date on any project can be changed to accommodate the available, f.unding and construction requirements. Adopted this ___Ljj__ day of ..9 .. ?Ji, , 1984 Attest: (SEAL) Upon motion made by Sydney Nelson, seconded by Bert Hovland and carried, the following resolution was adopted: MINNESOTA DEPARTMENT OF TRANSPORTATION FEDERAL AID SECONDARY FORM NO. II RESOLUTION Be it resolved that the Minnesota Commissioner of Trans- portation be~and he hereby is authorized and requested to take such steps and perform such acts on behalf of the County of Otter Tail as may be necessary to have the construction and improvement of the roads hereinafter described properly approved by the Federal Highway Administrator as a Federal-Aid secondary project eligible for the expenditure of federal funds thereon and eligible for present construction and the letting of contracts therefor~ At.test: (SEAL) 6.68 miles of County State Aid Highway No. 17 from T.H. #228 in Vergas north to north county line, Adopted this L.t!__day of --?{,A 1984. County Board February 10, 1984 County Engineer Berend presented the 1984 Otter Tail County Highway DepJrtment Equipm~nt Report. No action taken. Gene Davenport, County Assessor, appeared before the Board relative to expenses incurred by Sherri Shale, tax coordinator for the new computerized tax system, due to travel and training sessions necessary in connection with the tax application conversion. Motion was made by Bert Hovland, seconded by Van Ellig and carried, to authorize the personnel committee to review Shale's current salary with an increase suitable to cover additional responsibilities and ~xpenses. Vernon Tiger appeared before the board with a request for foregiveness of penalty on a late payment of mobile home tax. Motion was made by Bert Hovland, seconded by Andy Lei'tch and carried with Hub Nordgren voting "no", to deny forgiveness of penalty. Gene Davenport, County Assessor, presented an abatement requesting for- giveness of penalty on a late payment of tax from Bruce and Byron Treangen, Oak Valley Township, which was tabled for additional information. Motion was made by Hub Nordgren, seconded by Van Ellig and carried, to approve the plat of Greenwood Resort, located in G.L. 3, Section 29-134-39. Motion was made by Bert Hovland, seconded by Van Ellig and carried, to approve the following applications for sewage disposal installers license, subject to posting of bond: Richard Brogard David Bjerketvedt Gregory Barry David. R,i pley · ',c:1· · ·.:,,. ::: ·::;ii Harold V. Engebretson Merle Hough George Happel Brogard Plbg. & Htg. Barry Excavating Rj pley! s\->I no,; ''•.t· ·, ,,. Henning, MN Vining, MN Underwood, MN Erhard, MN Harold Engebretson Plgb. & Htg. Pelican Rapids, MN Merle Hough Construction Detroit Lak~s, ~N Happel Excavating Frazee, MN County Boa rd February 10, 1984 Motion was made by Hub Nordgren, seconded by Van Ellig and carried, to approve the following applications for ~ewage disposal system cleaners licenses: Roland Okerstrom Fergus Power Pump, Inc. Fergus Fa 11 s , MN Greg Barry & Herb Rostad Barry & Rostad Pumping Service Underwood, MN Clifford H. Olson Cliff's Enterprise Henning, MN Glenn w. Mil 1 er Pelican Rapids, MN David Meyer & Tony Van Watermulen Sewer Service Perham, MN John Lake Lake Construction Sebeka, MN Motion was made by Van Ellfg, seconded by Andy Leitch and carried, to approve the following applications for solid waste collection and transportatatton license: Larry Brasel (2 trucks) Brasel 1s Hauling Perham, MN David M. Meyer (1 truck) Meyer Garbage Service Perham, MN Ralph Ballard (4 trucks) Ballard Sanitation Pelican Rapids, MN Michael G. Roers (2 trucks) Al 1s Sanitation Service Wadena, MN Kenneth R. Saurer( 1 truck) Ken Saurer 1s Garbage Service ClHherall, MN Motion was made by Hub Nordgren, seconded by Van Ellig and carried, to request a delay by M.P.C.A. on the closing of the Henning, Ottertail, Parkers Prairie solid waste landfils. After considerable discussion on the solid waste problem in Otter Tail County, motion was made by Van Ellig, seconded by Bert Hovland and carried, authori- zing Mike Kirk, County Attorney, Larry Krohn, County Coordinator, and Malcolm Lee, Land & Resource Manager, to explore options with other counties and cities for a viable method of solid waste disposal. Jack Barner, Bill Silverberg and Rollie Mann appeared before the Board relative to the request for exclusion from the Otter Tail Lake Area Sewer Di'strict. They were directed to the Otter Tail Lake Area Sewer District Board. Roy Peterson of the Jewett Lake Resort appeared before the Board re- questing grant funds for tourism marketing in other areas of the State. No action ta ken. I RESOLUTION Upon motion made by -~~~~ll-~f:~/~/~1J-t------' seconded by _& __ ~J __ /lb._~1,"'.-r_.-e._iM--::::::~----and carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, that WHEREAS, Otter Tail County ia a large rural county having a rural and seasonal population much greater than most counties in the state; and WHEREAS, because of this large rural and seasonal population Otter Tail County experiences many complaints by citizens relative to the control of dogs and cats within the county; and WHEREAS, Minnesota Statutes 347.08 would allow for the control of dogs only upon the adoption by the county of an ordinance providing for the licensing of dogs within the county, and only upon a petition filed by 25 percent of persons engaged in raising livestock; and WHEREAS, such a petition could not be obtained in the. county and the county is not interested in licensing dogs; and WHEREAS, the county would like to control dogs and cats in the areas of bites and rabies, the creation of nuisance, and abandonment, NOW, THEREFORE, BE IT RESOLVED that the state legislature enact the special bill attached hereto and marked as Exhibit "A" which would allow Otter Tail County to enact the ordinance attached hereto and marked as Exhibit "B" to provide for the control of dogs and cats within the.county. Adopted at Fergus Falls, Minnesota, this /~ay of February, 1984. ( Syd A bill for an act relating to Otter Tail County; authorizing the County Board to adopt an ordinance for the control of dogs and cats. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. (OTTER TAIL COUNTY; DOG AND CAT CONTROL) The board of county connnissioners of Otter Tail County shall· have the power to adopt.an ordinance providing for the control of dogs and cats within Otter Tail County and containing provisions relating to the following: 1. The county may declare certain activities of dogs or cats off the property of the owner or person in possession of the dog or cat to be a nuisance; 2. The County Board. may establish a procedure to quarantine and control dogs or cats involved in bite cases including a procedure for the humane destruction of any dog or cat which has a history of biting more than one person, providing that an appropriate administrative hearing allowing the owner or person in possession of the dog or cat due process occurs prior to the destruction; 3. That the County Sheriff, County Department of Public Health, or the Otter Tail County Humane Society may impound dogs or cats found creating a nuisance and provide for the humane destruction of these dogs or cats if not reclaimed following five days' notice to the owner or person in possession of the dog or cat. EXHIBIT "A" 4. Provide misdemeanor penalties for persons who permit a dog or cat to create a nuisance; 5. Provide that the owner or person in possession of a dog or cat shall be responsible for all costs of confinement, including costs for veterinary services and rabies immunization, as a result of any impoundment occurring under the ordinance. Section 2. (EFFECTIVE DATE) This act is effective the day after compliance with Minnesota Statutes, section 645.021, subdivision 3, by the Otter Tail County Board. OTTER TAIL COUNTY DOG AND CAT CONTROL ORDINANCE The County Board of Otter Tail County ordains: SECTION I APPLICATION OF ORDIN~~CE The provisions of this Ordinance shall apply in all areas of the county and shall be supplemental to any city or township ordinances and state laws or rules governing the control of dogs and cats. SECTION II DEFINITIONS A. ABANDON: Leave an animal unattended or fail to claim an animal upon notice that the animal has been impounded. B. ANIMAL: As used in this Ordinance animal means a dog or cat. C. BODILY INJURY: Any physical pain or injury caused by a bite or scratch inflicted by an animal. ' D. COUNTY: Shall mean the County of Otter Tail. E. COUNTY BOARD: Shall mean the Otter Tail County Human Services Board and their authorized representatives. F. DEPARTMENT: Shall mean a separate part, division, bureau, sub-unit or branch of Otter Tail County authorized by the County Board to carry out or enforce any provision of a County Ordinance. G. NUISANCE: For purposes of this Ordinance an animal creates a nuisance when it endangers, worries or annoys persons~ or causes damage to property, while it is off the property of the owner or person in posses~ion of the animal. H. PERSON: Shall mean any individual, firm, partnership, public or private corporation or other organization. SECTION III UNLAWFUL ACTIVITIES A. It is unlawful for any person who is the owner, or person in possession of an animal to permit that animal to create a nuisance. B. It is unlawful for any person to abandon an animal, or to violate any of the other provisions relating to cruelty to animals found in Minn. Stats. 343.21. SECTION IV BITE CASES A. Quarantine: Animals identified as inflicting bodily injury to humans or other animals shall be quarantined by the County Health Department or Sheriff's Office. This quarantine shall be for at EXHIBIT "B" least ten (10) days, and the animal shall be held in·a holding pen at the Otter Tail County Humane Society or at the office of a veterinarian, unless the County Health Department or Sheriff's Office determines that the animal can be properly held on the owner's premises. If the animal shows any symptoms of illness during the time of the quarantine, an examination shall be made by a designated veterinarian and a report filed with the County Health De~artment. All animals released from quarantine shall be immunized for rabies unless current vaccination can be documented. B. Bite History: Any animal inflicting bodily injury on two or more occasions is hereby declared a danger to the public safety. Written notice that the animal constitutes a danger to the public safety shall be served personally or by certified mail upon the owner or person in possession of the animal. The notice shall indicate the time and place of a hearing to be held to determine if the animal should be euthanized or dealt with in some other way to insure the protection of the public. SECTION V HEARING PROCEDURE A. Any hearing required under this Ordinance shall'be held before the County Board or Ot.ter Tail County Community Health Services Advisory Committee and shall be open to the public. B. Unless an extension of time is requested in writing directed to the County'Board and is granted, the hearing will be held no less than fifteen (15) nor more than thirty (30) days after service of the notice on the owner or person in possession of the animal. C. The notice of hearing shall include: 1. A statement of the time, place and nat~re of the hearing. 2. A statement• of the legal authority and jurisdiction under which the hearing is to be held. 3. A reference to the section of the Ordinance involved. D. Conduct of the hearing: The owner or person in possession of the animal may be represerited by counsel. ~The County Health Department shall present evidence. All testimony shall be sworn under·oath. All parties shall have full opportunity to respond to and present evidence, cross-examine witnesses, and present argument. E. The County Health Department shall have the burden of proving the animal a danger to the public safety and its position on what should be done to protect the public by a preponderance of the evidence, and all findings of fact, conclusions and decisions by the County Board or the Otter Tail.County Community Health Services Advisory Committee shall be based on evidence presented and matters officially noticed. -2- F. All evidence which possesses probative value, including hearsay, may be admitted if it is the type of evidence on which prudent persons are accustomed to rely in the conduct of their serious affairs. Evidence which is incompetent, irrelevant, immaterial or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the written no~ice of hearing. G. At the conclusion of the hearing or within fifteen (15) days thereof the County Board or the Otter Tail County Community Health Services Advisory Committee shall make written findings that t,he animal is or is not a danger to the public safety. If the animal is found to be a danger the County Board or the Otter.TaiLCounty Community Health Services Advisory Committee ~ay order that such precautions be taken that will insure the safety of the public -including euthanizing-the anima-1 .if appropriate. SECTION VI ENFORCEMENT A. MISDEMEANOR: Any person who violates the provision of this County Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished therefor as provjded by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. B. CITATION: The County Public Heal,th Department or Sheriff's Office shall have the power to issue citations for viblations of this Ordinance or other applicable County Ordinances. 1. Form of Citations: Citations shall contain at least the following: a. The name and address of the person charged with violation or the owner or person in charge of the premises at which the violation occurs. b. The date and place of the violation. c. A short description of the violation followed by the section of the Ordinance violated. d. The date and place at which the person receiving the citation shall appear and -a notice that ~f there is a failure to appear, an arrest warrant may be issued. e. Such other information as the courts may specify. 2. Issue of Citations: Whenever any representative of the County Public Health Department or the Sheriff's Office discovers any violation of this Ordinance, he may issue a c~tation to the person alleged to have committed the violation. C. EQUITABLE RELIEF: In the event of a violation or threat of violation of this Ordinance, the County Attorney may take appropriate action to -3- enforce this Ordinance, including application for injunctive relief, action to compel performance, or other appropriate action in court, if necessary, to prevent, restrain, correct or abate such violations or threatened violations. D. ANIMAL IMPOUNDMENT: Any animal creating a nuisance may be confined at the Otter Tail County Humane Society, or any other facility providing for the confinement of such animals, by the County Sheriff's Office, the County Department of Health, or the Otter Tail County Humane Society. Any person so impounding an animal shall provide notice to the owner or person in possession of the animal stating that the animal has been confined, the location of the confinement, and that the animal shall be retained for a period of five days after_the notice. If the animal is unclaimed after this five day period, the animal may be humanely destroyed and the carcass disposed of. Notice shall be made by personal service or certified mail to the owner or person in possession of the animal. If the owner or person in possession of the animal claims the animal, all costs of confinement shall be paid by the owner or person in possession of the animal, and the animal must be immunized for rabies unless current vaccination can be documented. E. EXPENSES: The owner or person in possession of an animal shall be liable for all expenses incurred by the county in holding any animal including any veterinary fees. These expenses shall be ordered by the Court as a condition of probation when prosecution under this Ordinance has occurred, and the Court deems it appropriate. If not collected in this manner, the county may collect these expenses from the owner or person in possession of the animal through a civil action. SECTION VII SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a Court of competent jurisdiction, said invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and for this purpose the provisions of the Ordinance are severable. SECTION VIII EFFECTIVE DATE This Ordinance shall be effective upon passage by the County Board and publication according to law. ATTESTED: Sylvia G.-Bergerud OF OTTER TAIL COUNTY, MINNESOTA l I RESOLUTION Upon motion made by -'-/3e;-~;f~ _ ___,~'-'-"=---~~41'~~t/~· ___ , seconded by and carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, that WHEREAS, Minnesota Statutes 343.11· provides for the appropriation of county moneys not exceeding $4,800 in any year to a county humane society; and WHEREAS, this statute has not been increased or modified in many years; and WHEREAS, the Otter Tail County ·Humane Society provides significant services to the county's Sheriff's Office and Public Health Department; and WHEREAS, it seems appropriate to have a provision to allo~ appropriations to county humane societies based upon the size of a county, NOW, THEREFORE, BE IT RESOLVED the Otter Tail County Board of Connnissioners hereby requests that Minnesota Statutes 343.11 be amended to provide that a county may appropriate sums of money for a county humane society in an amount not to e~ceed in any one year the sum of $4,800 or the sum of 50 cents per capita based upon the most recent federal census, whichever is greater. Adopted at Fergus Falls, Minnesota, thi February, 1984. an ATTEST: A bill for an act relating to county humane societies; allowing for an increase in the appropriation a county may give to a county humane society in any year; amending Minnesota Statutes 1983, section 343.11. · BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1983, section 343.11 is amended to read: 343.11 ACQUISITION OF PROPERTY, APPROPRIATIONS Every county society for the prevention of cruelty to animals may acquire, by purchase, gift, grant, or devise, and hold, use, or convey, real estate and personal property, and lease, mortgage, sell, or use the same in any manner conducive to its interests, to the same extent as natural persons. The county board of any county, or the council of any city, in which such societies. exist, may, in its discretion, appropriate for the maintenance and support of such societies in the transaction of the work for which they are organized, any sums of money not otherwise appropriated, fte~-e~eeea~Hg-~4,888-ift-Bfly-efle-yee~ not to exceed in any one year the sum of $4,800 or the sum of 50 cents per capita based upon the county's population as of the most recent federal census, whichever is greater; provided, that no part of the appropriation shall be expended for the payment of the salary of any officer of the society. Section 2. (EFFECTIVE DATE) This act is effective the day following final enactment. County Board February 10, 1984 Mike Kirk, County Attorney, presented an up-date on union negotia- ti ons; Motion was made by Van Ellig, seconded by Hub Nordgren and carrted, to close the meeting of February 27th, from 12:30 p.m. to 1 :00 p.m., for the purpose of discussing union strategy. Edward Thoennes, Effington Township, appeared before the Board and pre- sented a petition signed by property owners in the Township of Effington, requesting the county take-over of certain township roads located in Effington Township. Motion was_made by Hub Nordgren, seconded by Van Ellig and carried, to accept said petition and requested same be placed on file. Mr. Thoenness also expressed objection to a billing by Otter Tail County for construction of a portion of township road which was in excess of the estimate provided by the County. Motion was made by Hub Nordgren, seconded by Sydney Nelson and carried, to bill the township up to 10% increase of the estimate provided by the County and cancel that portion of the bill over the 10% increase. and the county not to provide any future estimates on township road work. The motion carried with Van Ellig and Andy Leitch voting "no". ( Motion was made by Hub Nordgren, seconded by BertHovland, to assume the difference in the amount of the cost over the 10% increase of the estimate be in the form of special aid to Effington Township. The motion failed with Sydney Nelson, Andy Leitch and Van Ellig voting "no". With no further business, at 4:00 p.m., Chairman Nelson declared the meeting adjourned until the afternoon of February 27, 1984. ATTEST: Clerk