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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/15/1986call to Order All present Minutes approved Semi-nonthly payroll County Ditch #70 Jail Facil1ty Change Orders Petition -Lida-Lizzie Bridge on CSAH #4 Ackling Building Perham Snowmobile trail County Sheriff Vehicle purchase MINUTES OF THE ADJOURNED MEEI'ING OF THE BOARD OF COONTY COMMISSIONERS OITER TAIL COONTY :MINNESOTA May ·1s, 1986 Pursuant to adjournment, the Board of County Commissioners of Otter Tail county Minnesota met Thursday, May 15, 1986. Chainnan Olson opened the meeting at 9: 32 a .m. , with all members present. Motion was made by Bert Hovland, seconded by Andy Lindquist and unani- mously carried, to approve the minutes of the May 8th meeting. Dale Akerman, Chai:r:man of the Employees' Committee, appeared before the Board stating a request has again been sul:mitted by employees reques- ting a serni.-monthl y payroll. The County Audi tor was instructed to detennine the cost of the additional tine involved in a twice a rronth payroll, plus postage, and include said information in another canvass of those county employees being paid on a rronthly basis. Mr. Akerman also discussed with the Board a personal problem with drainage along County Ditch #70 involving Lake Sewell. Akenuan was informed lake levels are regulated by the Department of Natural Re- sources and perhaps he should contact them. M:>tion was made by Andy Lindquist, seconded by Bert Hovland and unani- mously carried, to approve the following change orders in connection with the justice facility: Brandt Electric, Inc., Olivia, MN (Change #3) ADD $363.55 Wisconsin Detention Systems, Inc., .Milwaukee, WI ADD $1,450.00 (#3) Commissioner Hovland presented a petition from property owners and interested persons requesting a new bridge across CSAH #4 at Lida out- let into Lake Lizzie, to alleviate high water in Lake Lida and a possible boat channel between the two lakes. l\btion was made by Bert Hovland, seconded by Hub Nordgren and unanimously carried, to accept said petition and place on file. Commissioner Nelson inforrred the Board Douglas Ackling of Perham has made an offer on the sale of the building being used by the County in the City of Perham at a total cost of $194,000, including furnishings. No formal action taken .. !Vbtion was made by Hub :Nordgren, seconded by Bert Hovland and unani- mously carried, to allow Douglas County to establish and rraintain a snowmobile trail from Douglas County up through Parkers Prairie and Leaf l\buntain Township and back down into DJuglas County. Upon motion made by Andy Lindquist, seconded by Sydney Nelson and unani- mously carried, the following resolution was adopted: RESOLVED by the Board of County Corrrnissioners of Otter Tail County Jv'linnesota, that WHEREAS, on the 13th of Februa:ry, 1986, the County_Board accepted the bid of Fergus .MJtors, Inc., Fergus Falls, MN, in the amount of $44,780 for four 1986 police model 4-door sedans for use by the County Sheriff Department, and WHEREAS, the above vehicles have now been delivered to the satisfaction of the County Board at a total cost of $44,780.00, Na-v, THEREFORE, BE IT RESOLVED, the County Auditor is hereby authorized and directed to issue a warrant in the amount of $44,780.00 as ful1 1. payment. Dated at Fergus Falls, MN this 15th day of May, 1986. Pe:rham Burner Road Resolution rate payment on Corrected statements Abatements County Assessor vehicle purchase Forgiveness of penalty Roadside Mowing Bids County Board -2 -May 15, 1986 Motion was made by Sydney Nelson, seconded by Hub Nordgren and unani- mously carried, to approve payment to the Road & Bridge Fund the .amount of $16,485.01 for engineering costs and miscellaneous expenses incurred by the Highway Department on C.P. 84:176-01, the Perham City Burner Road. 'Ihe matter of penalties incurred due to late payrrent of tax resulting from a change in tax because of erroneous calculations was brought before the Board and the following resolution was offered by Hub Nordgren who moved for its adoption. RESOLVED by the Board of County Ccmnissioners of otter Tail County Minnesota, that WHEREAS, errors have been discovered in various tax·calculations on otter Tail County real estate taxes, and WHEREAS, tine does not allow payrrent of these oorrected taxes prior to the deadline of :t,11.ay 15th, NCW, THEREFORE, BE IT RESOLVED, the Board of County Conrnissioners does hereby grant authority to the County Treasurer to collect a late payment of tax without penalty, if paid within. 15 days of the mailing of the corrected statement. · Adopted at Fergus Falls, MN this 15th day of May, 1986. 'Ihe motion for adoption was .seconded by Bert Hovland and carried unanimously. Motion was made by Hub Nordgren, seoonded by Sydney Nelson and unani- mously carried, to approve the following applications for hanestead classification and/or reduction of assessed valuation, with payment in the net amount to be received by the County Treasurer without penalty if paid within 15 days of the mailing of the corrected statement: Joseph Burns & Mary Barnat Kenneth & Mavis E. Bell Friberg 'Ibwnship Edna Totmship Hanestead class. Hanestead class. Motion was IDF1de by Hub Nordgren, seconded by Andy Lindquist and carried, Blson voting 'i10; authorizing Gene Davenport, County Assessor, to r~stquotations from all the car dealers in otter Tail County for the purchase of two vehicles for use by the County Assessor's office. Motion was made by Hub Nordgren, seoonded by Bert Hovland and unani- mously carried to approve payment without penalty on a late payment of tax by L. G. & Winifred Chesborough in the City of Battle lake, be- cause of confusion in assessing of property in the county offices. The matter of. bids received for roadside rrowing was brought up for action, and upon motion made by Hub Nordgren, seconded by Sydney Nelson and unanimously carried, the following bids were awarded: Area A Vernon C'.,orentz $34.50 Area B Kenneth Anderson 25.00 Area C Dennis Johnson 24.90 Area D Selmer Halvorson 27.70 Area E Archie Wallin 27.50 Area F Orlin Johnson 24.90 Area G Johnson & Dittberner 24.90 Area H earl Wallevand 27.70 Area I David Uhren 25.00 Area J Dittberner & Johnson 24.90 County Board -3 -May 15, 1986 CSAH #1, Pleasure Park J.VIotion was made by Hub Nordgren, seconded by Bert Hovland and tmani- Bridge design mously carried, to hire the fi:rm of.Erickson Engineering for bridge design on CSAH #1, at Pleasure Park. Resolution Traffic Control Devices Call for bids #56-604-04, etc. Township Signing Project Bond Bids Upon notion made by Andy Lindquist, seconded by Bert Hovland and tmani- mously carried, the follc:M"ing resolution was adopted: RESOLVED by the Board of County Cornmissioners of otter Tail Cotmty Minnesota, that · WHEREAS, under the Federal Highway Safety Act of 1973, one of the ob- jectives set forth by the Deparbnent of Transportation is the confor- mance of all traffic control devices to the "Minnesota Manual on Uni- form Traffic Control Devices for Streets and Highways" (MMUTCD) and, WHEREAS, funds are available through the Federal Highway Administration for the correction of regulatory and warning sign deficiencies on non- Federal Aid local roads through the Hazard Elimination Safety Program, and WHEREAS, otter Tail County is desirous of bringing,the,traffi;c control devices on streets and roads located within its geographical limits into confonnance with Minnesota standards, and WHEREAS, reimbursement (90% of the eligible total costs) will be based on approval of the field inspection, materials certification and re- view of claims documents, and WHEREAS, the participant agrees to maintain all such :rraterial instal- lations in satisfactory condition, BE IT RESOLVED, that the otter TailCotmty Board of Comnissioners does hereby authorize the County Highway Engineer to administer and act as project ffi311ager on behalf of the townships and small cities. Adopted at Fergus Falls, MN this 15th day of May, . 1986. Motion was made by Hub Nordgren, seconded by Sydney Nelson and tmani- mously carried, to call for bids to be received until 10:00 a.m., .Monday, Jtme 16, 1986, for bituminous surfacing under S.A.P. 56-604-04, etc • .Motion was made by Bert Hovland, seconded by Sydney Nelson and tmani- mously carried, to retain the finn of Benson & Associates, Park Rapids, as consultant for inventory on the township signing project. Pursuant to due call and notice thereof, sealedlbids'.f©r the purchase of $~~1iJ1JS,000;,('.,eneral Obligation state-'ali.Jd Htghway'Bonds of :1986,:yre- ceived prior to 11:00 o'clock A.M. were opened pursuant to the notice of sale for said Bonds, examined and found to be as follONS : · Nan-e ·of Bidder • Merrill L:yinch Cap. Market Piper, Jaffrey & Hopwood Interest Rates 6.7807% 6.7929% Purchase Price $7,611,240.00 7,634,445.00 Ccmuissioner Andy.Lindquist introduced the follc:M'ing resolution and moved for its_ adoption: FESOLUTION AWARDING SALE OF $7,735,000 GENERAL OBLIGATION STATE-AID HIGHWAY BONDS OF 1986, AND FIXING THE FORM AND SPECIFICATIONS THEREOF BE IT RESOLVED by the Board of Commissioners of otter Tail County, Minnesota, as follows : . ,-.... I 1. The bid· of Merril Lynch Capital M3.rkers, Minneapolis Minnesota to purchase the $7,735,000 General Obligation State-aid Highway Bonds of 1986 of the County as advertised for sale is hereby found and determined to be the best bid received pursuint to the advertised notice of sale, and shall be and is hereby accepted, said bid being to purchase Bonds maturing on March 1 in each of the years bearing interest, according to years of maturity, as follows: Interest Maturitr Amount Rate 1987 $ 485,000 4.75 % 1988 $ 525,000 5.00 % 1999 $ 550,000 5.30 % 1990 $ 600,000 5.60 % 1991 $ 650,000 5.90 % 1992 $ 700,000 6.20 % 1993 $ 750,000 6.40 % 1994 $ 800,000 6.60 % 1995 $ 850,000 6.75 % 1996 $ 900,000 6.90 % 1997 $ 825,000 7.00 % at a price of $ 7,611,240 plus accrued interest. The County Auditor shall return any good faith checks of unsuccessful bidders forthwith. 2. The Bonds shall be in the aggregate principal amount of $7,735,000, shall be numbered from R-1 upwards in order of issuance or such other order as the Bond Registrar may determine, shall be in denominations of $5,000 each or any integral multiple thereof (not exceeding the amount maturing in any year), shall be dated June 1, 1986, shall bear interest at the rates above set forth, payable March 1, 1987, and semiannually thereafter on March 1 and September 1 in each year, and shall mature serially on March 1 in the years and amounts as above provided, all Bonds maturing on or after March 1, 1995 being subject to redemption and prior payment in whole or in part in inverse order of maturi- ty and by lot within a maturity at the option of the City on March 1, 1994 and any interest payment date thereafter at par plus accrued interest to the redemption date. Thirty days' prior notice of any such redemption shall be given by mail to the bank where the Bonds are payable and to the registered owners, and published notice shall be given in accordance with Chapter 475, Minnesota Statutes. In the event of partial redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for· each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all .outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. Upon partial redemption of any Bond, the same shall be surrendered in exchange for one or more new Bonds in authorized form for the unredeemed portion of principal. · 3'. The Bonds, the Registrar's Authentication Certifi- cate, the form of assignment and the ~ounty Auditor's Certificate on the reverse side th~reof shall be in substantially .the following form: No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF OTTER TAIL GENERAL OBLIGATION STATE-AID HIGHWAY BOND OF 1986 $ -------- Rate Maturity Date of Original Issue CUSIP June 1, 1986 Registered Owner: Principal Owner: The County of Otter Tail, State of Minnesota, for value received, hereby promises to pay to the registered owner specified above or registered assigns, the principal sum specified above on the maturity date specified above, upon the presentation and sur- render hereof, and to pay to the registered owner hereof interest on such principal sum at the interest rate specified above from June 1, 1986, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on March 1 and September 1 of each year, commencing March 1, 1987, until said principal sum is paid. Principal and the redemption price is payable in lawful money of the United States of America at the office of Norwest Bank Minneapolis, N .A. , Minneapolis , Minnesota, as Bond Registrar or its successor as Bond Registrar designated by the County upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each March 1 and September 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said registered owner's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered -at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. For the prompt and full payment of such principal and interest as the same become due the full faith, credit and taxing powers of the County have been and are hereby irrevocably pledged. Additional provisions of this Bond are contained on the reverse side hereof and such provisions shall for all purposes have the same effect as if set forth here. The Bonds of this series maturing on or after March 1, 1995, are subject to redemption at the option of the County, in whole or in part in inverse order of maturity and by lot within a maturity, on March 1, 1994 and any interest payment date there- after at· par plus accrued interest. Thirty days' notice of prior redemption will be given by mail to the bank where the Bonds are payable and to the registered owners, and published notice of prior redemption will be given in the manner provided by Chapter 475, Minnesota Statutes. This Bond is one of an issue of bonds in the aggregate principal amount of $7,735,000, which are all of like date and tenor, except as to denomination, serial number, maturity, redemption privilege and interest rate, all issued by the County of Otter Ta~l for the purpose of providing funds to defray in whole or in part costs incurred in connection with the construc- tion and improvement of state-~id highways within the County and is issued pursuant to a Resolution of the Board of County Commis- sioners adopted May 15, 1986 (the "Resolution'') and by authority of and in strict accordance with Section 162.181, Minnesota Statutes, as a~ended. This Bond is transferable, as provided by the Resolution authorizing the issuance of the Bonds of this series only upon books of the County ~ept at the office of the Bond Registrar by the registered owner hereof in person or by the owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the registered owner hereof or the owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of this series of the same aggregate principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like amount of Bonds of any authorized denomination, as requested by the registered owner or the owner's duly authorized attorney upon surrender thereof to the Bond Registrar. IT IS HEREBY CERTIFIED AND RECITED That all acts, con- ditions and ·things required by the Constitution and Laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law; that the authorizing Resolu- tion pledges and appropriates to the debt service fund from which the Bonds are payable an amount of moneys allotted or to be allotted to the County from its account in the county state-aid highway fund sufficient to pay the principal of and interest on the Bonds as they respectively come due; that the Bonds ha~e been made general obligations of the County for which the full faith, resources and taxing powers of the County have been further irre- vocably pledged; that the amount of principal and interest due in any calendar year on the Bonds of this issue and all similar obligations of the County outstanding does not exceed fifty per cent of the last annual allotment preceding the date hereof to the County from the construction account in the county state-aid highway fund; that the aggregate principal amount of the Bonds of this issue and all similar obligations of the County outstanding does not exceed the total of the preceding two years' state-aid allotments; and that this Bond together with all other indebted- ness of the County outstanding on the date of issuance does not exceed any constitutional or statutory limitation on indebtedness. This Bond shall not be valid or become obligatory for any purpose until the Authentication Certificate hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, Ot~er Tail County, Minnesota, by its Board of County Commissioners, has caused this Bond to be executed in its behalf by the facsimile signature of the Chairman of the Board and countersigned by the County Audito~ bnder a facsimile of his official seal, all as of the Date of Original Issue specified above. Dated: (Facsimile) Chairman of Board of County Commissioners Countersigned (Facsimile) ------....,....,---------County Auditor (Seal) r (Bond Registrar's Authentication Certificate) This is one of the Bonds described in the within mentioned Resolution. Bond Registrar By Authorized Signature ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite within Bond and all rights constitutes and appJiits Name and Addre~s of Assignee) the thereunder, and hereby irrevocably the within Bond on the books kept full power of substitution in the Dated: Please Insert Social Security Number or Other Identifying Number of Assignee attorn~y to assign for registration thereof, with premises. Notice: The signature to this assignment must correspond with the name as it appears on the face of this Bond in every-par- ticular, without alteration or any change whatsoever. (Certificate as to Legal Opinion) I, the undersigned, County Auditor of Otter Tail County, Minnesota, hereby certify that except for the date line, the foregoing is a full, true and compared copy of the legal opinion of Faegre & Benson, of Minneapolis, Minnesota, whith wis delivered to me upon delivery of the bonds and is now on file in my office. (Facsimile Siqnature) County Auditor Otter Tail County, Minnesota 4. The Bonds shall be payable upon presentation at the main office of No:rwest Bank Minneapolis, N.A. , in Minneapolis , Minnesota, as Bond Registrar, and interest shall be paid by check or draft mailed to the registered owners at their addresses shown on the registration books. The reason- able charges of said bank for its services as Bond Registrar shall be paid by the County as an expense of said improvements. 5. The Bonds shall be prepared under the direction of the County and when so prepared shall be executed on behalf of the County by the facsimile signature of the Chairman and by the facsimile signature of the County Auditor, under a facsimile of its official seal. Th~ Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially issued hereunder shall be dated as of June 1, 1986~ and all Bonds issued in exchange therefor shall be· as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was paid or duly provided for. The legal opinion of Faegre & Benson of Minneapolis, Minnesota, respecting the validity and enforceability of the Bonds shall be reproduced and shall be certified by the facsimile signature of the County Auditor. When the Bonds shall have been so prepared and executed, they shall be delivered by the County Auditor in exchange for the purchase price and u~on receipt of the signed legal opinion of Faegre & Benson, and the purchaser shall not be required to see to the proper application of the proceeds. 6. As long as any of the Bonds issued hereunder shall remain outstanding, the County shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Bond Regis- trar books for such registration and transfer. Upon surrender _fqr transfer of any Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's duly author- ized attorney, .and upon payment of any tax, fee or other govern- mental charge required to be paid with respect to such transfer, the County shall execute and the Bond Registrar shall authenti- cate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the office of the Bond Registrar may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the· County shall execute and the Bond Registrar shall deliver Bonds in accordance with the provis- ions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the County or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governme~tal charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the County or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the County. The County shall-not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of the first publication or the mailing (if there is no publication) of notice of redemption in the case of a proposed redemption of Bonds. The County and the Bond Registrar shall not be required to make any transfer or exchange of any Bonds called for redemption. 7. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of bustness on the 15th day of the ~onth preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith. cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the County in any lawful manner, if, after payment pursuant to this paragraph, such payment shall be deemed practi- cable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 8. As to any Bond, the County and the Bond Registrar and their respective successors, each in its.discretion, may deem and treat the person in whose rtame the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the County nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Pay- ment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, I but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 9. A separate debt service fund, to be designated "Debt Service Fund for $7,735,000 State-Aid Highway Bonds of 1986" is hereby created, and there is hereby irrevocably pledged and appropri~ted to such debt service fund an amount of moneys allotted or to be allotted to the County from its account in the county state-aid highway fund sufficient to pay the principal of and interest on the Bonds as they respectively become due. The County Auditor shall certify on behalf of the County the sum of money needed annu~lly to pay principal and interest to the Commissioner of Transportation. ·The amount received .from the State Commissioner of f'.inance_shall be· deposited in such debt service fund and be·used for the payment of principal and in- terest on the Bonds, the inteiest to be charged against and payable from the County's normal maintenance account in the county state-aid highway fund; provided, however, that if any payment of principal or interest on the Bonds shall become due when there is not sufficient money .in the debt service fund to pay such principal or interest, the County ~reasurer shall pay such principal or interest from the general fund of the County and such fund shall be reimbursed for such advances from the moneys next received by the County from the construction or maintenance account in the county state-aid highway fund which are not required to be paid into the debt service fund for the Bonds. 10. It is hereby determined that the principal and interest on the Bonds shall be payable primarily from the moneys allotted or to be allotted to the County from its account in the county state-aid highway fund and no general tax levy shall be iniiially spread for their payment; provided the full faith, credit and taxing powers are hereby pledged to the payment of the principal of and interest on the Bonds, so as to make the Bonds the general obligations of the County, and the County Auditor shall report to the Board of Commissioners annually as to any amount required to be levied to·meet current or anticipated deficits in the debt service fund. 11. The County Auditor is authorized and directed to prepare and furnish to the purchaser and to the attorneys approv- ing the Bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation State-Aid Highway Bonds of 1986 and to the right, power and authority of the County and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the County as to all matters stated therein. · 12. The County Auditor shall furnish to the purchaser his c~rtificate that the issue-has been entered upon his bond registrar. The motion for the adoption of the· foregoing resolution was duly seconded by Commissioner Bert Hovland upon vote being taken thereon the following voted in favor thereof: Nelson, Hovland, Lindquist, Nordgren and Olson and the following voted against the same: None and whereupon said resolution ~as declared duly passed and adopted. Beaver Control ColIDty Ditch Board Beer, Wine & Set-up Licenses Gaustad Re:iJnbursement Boiler License Test Sunset Bay Plat Solid Waste Hubbard County Gambling License ColIDty Board -12 -May 15, 1986 Motion was made by Hub Nordgren, seconded by Bert Hovland and unani- mously carried, to correct the minutes of the April 15th meeting, referencing beaver "bounty" to be corredted to beaver "control." Upon motion made by Bert Hovland, seconded by Sydney Nelson and unani- mously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that F.ach and every member of the otter Tail County Board be and is hereby designated manbers of the otter Tail County Ditch Board, and BE IT FURTHER RESOLVED~ Dennis Berend, Colll1ty Engineer is hereby appointed as otter Tail County Ditch Inspector. Adopted at Fergus Falls, MN this 15th day of May, 1986. Upon motion made by Sydney Nelson, seconded by Andy Lindquist and unani- mously carried, the following applications for licenses were approved: Beer Licenses: Jon B:l.chmann Steven Kunz Ralph Richter Gerald Smith (off Gary D. Benwon Thomas J. Saloka Set-up License: Jon J. B:l.chmann Wine License: John J. Bachmann The Stone Hearth Rocky's Resort Lost Valley Resort sale)Pelican Beach Resort Coze Cove Resort Ottertail Lake Camp Ground The Stone Hearth The Stone Hearth Hobart 'Ibwnship Dora 'Ibwnship Candor 'Ibwnship Dunn 'Ibwnship Dead Lake Township Everts 'Ibwnship Hobart Township Hobart Township Motion was made by Bert Hovland, seconded by Andy Lindquist and unani- mously carried, to re:iJnburse Eugene Gaustad the sum of $25.00 which :represents the fee charged for t~ing the boiler license test. Motion was made by Bert Hovland, seconded by Andy Lindquist and unani- mously carried, to approve the plat of Sunset B:l.y, located in Section 26 of Scambler Township. John Beardsrro:re, Big Dipper Enterprises, appeared before the Board relative to the participation of Hubbard County and the joint p::>wers solid waste board, and info:rmed the County Board Hubbard County must find a place to dispose of their solid waste by August 1, 1986, which is the time set by the Minnesota Pollution Agency for the shut down of their sanitary land fill. After considerable discussion, motion was made by Bert Hovland, seconded by Hub Nordgren and caJ::1:ried, ,wit.l-i Sydney Nelson voting "no" , ·· to accept Hubbard Col.Il1ty 's contract as of August 1, 1986, or date of the first load, providing the Perham facility is operational. Representatives of the Fergus Falls Hockey Association appeared before the Board with an application to the Charitable Cambling Control Board for a Class B Gambling License at the Pier 38, requesting waiving of the 30 day waiting period. Motion was made by Andy Lindquist, seconded by.Bert Hovland and unanimously carried, to inform the Charitable Gambling Control Board the County has no objection to the establishment of a gambling activity at Pier 38 and request the Gambling Control Board waive the 30 day waiting period. Fergus Falls Refuse Burner Contract Adjournment County Board , -13 -May 15, 1986 Representatives of the City of Fergus Falls appeared before the Board relative to the contract agreement with the City of Fergus Falls on the refuse burner to be constructed in the City of Fergus Falls. Motion was made by Hub Nordgren, seconded by Bert Hovland and carried, with Sydney Nelson and Andy Lindquist voting "no", to approve the following changes in contract language: Sec. 14.1. 'Ihis agreement shall be binding upon execution and shall rerrain in effect for a period of ten years from and after the date that City has issued its Certificate of Provisional Acceptance to its contractor of the facility signifying City's acceptance of the facility as constructed. City shall not incur arty·obligations, responsibilities or liabilities to County until that date. This agreement shall terminate: a. If plans to construct an incineration facility at the State Hospital are abandoned by the City as provided in this agreement; b. If the City is in default pursuant to the provisions of Section 16.2 of this agreement. Sec. 4 • 4. City is obligated to use all reasonable diligence in furnishing uninterrupted steam seJ:Vice fran the facility to the Fergus Falls State Hospital located at the facility. If the County fails to meet the solid waste requirenents of paragraphs 2.2 and 2.5 and City is unable to operate the facility or produce the quantities of steam required to seJ:Ve its steam customers, without resorting to alternative fuels, the County agrees that, in addition to the tipping fee, it shall reimburse City the cost of such alternative fuels utilized by the facility to meet that portion of the steam obligation that would otherwise have been satisfied had the County met its solid waste requirements. The County shall not be required to reimburse City the cost for replacement fuels or interruptions occurring under paragraph 3.3. Section 13. 2. The facility as designed will meet federal, state and local pollution control standards. In the event laws and regulations should change after the facility is in operation and to the extent that I!Ddi.fications must be made to the facility in order to meet the new requirements, such additional costs to rrodify the facility will be recovered through the processing fee. Such additional costs shall not be·subject to the process fee limitations as prescribed in Seetion 4.1. City shall submit to County a statement setting forth in reasonable detail such pertinent data as may be necessa:ry to support the modification costs. Furthe:rnore, City shall supply or make available for verification the doclU'llel1tation reasonably necessary to va:ry such calculations leading to an increase in the processing fee. With no further business, at 3:40 p.m., Chainnan Olson declared the . meeting adjourned until the afternoon of May 28, 1986. ~ ~ ChaiTIYEil Approved ~-_ ~ ~ --k fo ATI'EST: ~.q) 0-0~ cierk