TODD COUNTY BOARD OF COMMISSIONERS Regular Board Meeting Agenda Date: Time: Item # Approx. Time 1 Call to Order and Roll Call 9:00 2 Pledge of Allegiance 9:01 3 Amendments to the Agenda 9:03 4 Potential Consent Items 9:05 4.1 Approve Meeting Minutes from March 3, 2015 4.2 Approve Commissioner Warrants 4.3 Approve Auditor Warrants 4.4 Birchwood Resort On and Off Sale & Sunday Liquor License 4.5 Diamond Point Supper Club Liquor License 4.6 Double Eagle Golf & Grille Liquor License 4.7 Greystone Golf Club On & Off Sale & Sunday Liquor License 4.8 Rock Tavern On & Off Sale & Sunday Liquor License 4.9 Long Prairie Country Club On Sale & Sunday Liquor License 4.10 Midway Bar & Grill On & Off Sale & Sunday Liquor License 4.11 Shiprex On & Off Sale & Sunday Liquor License 4.12 The Hub Supper Club On & Off Sale & Sunday Liquor License 4.13 Clarissa Ballroom 3.2 Malt Liquor License 4.14 Clarissa Ballroom Dance License 4.15 Clarissa Ballroom Set-up License 4.16 Repurchase of Tax Forfeited Property - Mohler 5 Recorders Office 9:15 5.1 2014 Year-end Report 6 Planning & Zoning 9:25 6.1 CUP - Tim & Caroline Venis 6.2 Septic Inventory Grant Agreement 6.3 Retirement - Senior Land Use Planner 6.4 Recruitment - Resource Conservationist - PZ Specialist 7 SWCD 9:35 7.1 BWSR Grant Funding 8 Ditch & Ag 9:40 8.1 HHA Petition - Private Crossing CD 20 9 Public Works/Human Resources 9:45 9.1 Re-appointment of County Engineer 10 Sheriff's Department 9:50 10.1 Hire - PT Todd County Court Security 10.2 Snowmobile Grant Equipment 10.3 Accept Donation of ZOLLAED Lifepak Defibrillators 10.4 Chief Deputy Salary Meeting to be held in the County Board Room, Historic Courthouse located at 215 1st Avenue South Suite 300, Long Prairie, Minnesota 56347 March 17, 2015 9:00 AM The County Board Meeting will begin promptly at the prescribed time. The County Board reserves the right to alter the order of the agenda items and the amount of time allowed for an item based on business needs. 1 of 75
Transcript
TODD COUNTY BOARD OF COMMISSIONERSRegular Board Meeting Agenda
Date:Time:
Item # Approx. Time1 Call to Order and Roll Call 9:002 Pledge of Allegiance 9:013 Amendments to the Agenda 9:034 Potential Consent Items 9:05
4.1 Approve Meeting Minutes from March 3, 20154.2 Approve Commissioner Warrants4.3 Approve Auditor Warrants4.4 Birchwood Resort On and Off Sale & Sunday Liquor License4.5 Diamond Point Supper Club Liquor License4.6 Double Eagle Golf & Grille Liquor License4.7 Greystone Golf Club On & Off Sale & Sunday Liquor License4.8 Rock Tavern On & Off Sale & Sunday Liquor License4.9 Long Prairie Country Club On Sale & Sunday Liquor License4.10 Midway Bar & Grill On & Off Sale & Sunday Liquor License4.11 Shiprex On & Off Sale & Sunday Liquor License4.12 The Hub Supper Club On & Off Sale & Sunday Liquor License4.13 Clarissa Ballroom 3.2 Malt Liquor License4.14 Clarissa Ballroom Dance License4.15 Clarissa Ballroom Set-up License4.16 Repurchase of Tax Forfeited Property - Mohler
5 Recorders Office 9:155.1 2014 Year-end Report
6 Planning & Zoning 9:256.1 CUP - Tim & Caroline Venis6.2 Septic Inventory Grant Agreement6.3 Retirement - Senior Land Use Planner6.4 Recruitment - Resource Conservationist - PZ Specialist
7 SWCD 9:357.1 BWSR Grant Funding
8 Ditch & Ag 9:408.1 HHA Petition - Private Crossing CD 20
9 Public Works/Human Resources 9:459.1 Re-appointment of County Engineer
10 Sheriff's Department 9:5010.1 Hire - PT Todd County Court Security10.2 Snowmobile Grant Equipment10.3 Accept Donation of ZOLLAED Lifepak Defibrillators10.4 Chief Deputy Salary
Meeting to be held in the County Board Room, Historic Courthouse located at 215 1st Avenue South Suite 300, Long Prairie, Minnesota 56347
March 17, 20159:00 AM
The County Board Meeting will begin promptly at the prescribed time. The County Board reserves the right to
alter the order of the agenda items and the amount of time allowed for an item based on business needs.
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TODD COUNTY BOARD OF COMMISSIONERSRegular Board Meeting Agenda
11 Health & Human Services 10:0011.1 Revised Tobacco Sales & Access Ordinance11.2 Application for Live Well at Home Grant11.3 Application for Drug Free Communities Grant
12**Closed Session** - Negotiation Strategy Pursuant to Minnesota
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
Minutes of the Meeting of the Todd County Board of Commissioners held on March 3, 2015
Call to Order
The Todd County Board of Commissioners met in the Commissioner’s Board Room in the City of Long Prairie, MN on the 3rd day of March, 2015 at 9:00 AM. The meeting was called to order by Chairperson Kircher. The meeting was opened with the Pledge of Allegiance. All Commissioners were present.
Approval of Agenda
On motion by Becker and second by Neumann, the following motion was introduced and adopted by unanimous vote. To approve the agenda as presented with the following addition:
1. Discussion – Meeting Minutes from Committee Meetings 2. Pipeline – Letter of Support
Routine Business
On motion by Kneisl and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve meeting minutes from February 17, 2015. On motion by Erickson and second by Becker, the following motion was introduced and adopted by unanimous vote: To approve the Commissioner Warrants numbers 40023 thru 40117 in the amount of $71,816.13. On motion by Neumann and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve a one year Set-Up license for Head of the Lakes Resort. On motion by Becker and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve a one year On & Off Sale 3.2 Malt Liquor License for Knotty Pine Ballroom. On motion by Kneisl and second by Neumann, the following motion was introduced and adopted by unanimous vote: To approve a one year Set-Up license for Knotty Pine Ballroom. On motion by Neumann and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve a one year On Sale and Sunday Liquor License for American Legion 417 Oscar Jacobson Post (Little Sauk Legion). On motion by Neumann and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve a one year Set-Up license for Rainbow Lodge. On motion by Neumann and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve a one year On & Off Sale and Sunday Liquor License for Saukinac Campground.
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TODD COUNTY BOARD OF COMMISSIONERS
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On motion by Erickson and second by Becker, the following motion was introduced and adopted by unanimous vote: To approve a one year On Sale and Sunday Liquor License for Thunder Lodge Sportsbar & SC Inc.On motion by Neumann and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve a one year On & Off Sale 3.2 Malt Liquor License for Rainbow Resort.
On motion by Neumann and second by Becker, the following motion was introduced and adopted by unanimous vote: To approve a one year On & Off Sale 3.2 Malt Liquor License for Rainbow Resort.
On motion by Erickson and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve a one year On Sale and Sunday Liquor License for 8's Pub & Grill LLC.
Public Works
On motion by Kneisl and second by Becker, the following motion was introduced and adopted by unanimous vote: To approve the 2015 Spring Road Meeting for April 13, 2015 at 9:00 AM at the Public Works Long Prairie Shop located at 44 Riverside Drive, Long Prairie, MN 56347. On motion by Neumann and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve conducting a Public Hearing to consider the revocation of County Road 58 and extension of County Road 57 in Gordon Township per Minnesota Statute 163.11 (Powers Relating to Highways), with the date/time/location of the Hearing being June 2nd, 2015 at 7:00 PM at the Gordon Township Hall located at 14144 State 27, Osakis, MN 56360. On motion by Neumann and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve the County Engineer to enter into a engineering services contract with Widseth Smith Nolting for the Bridge #77506 replacement project.
Assessor’s Office
On motion by Becker and second by Kneisl, the following resolution was introduced and adopted by unanimous vote:
RESOLUTION OF THE 2015 COUNTY BOARD OF APPEAL AND EQUALIZATION MEETING
WHEREAS, M.S. 274.14 provides that the County Board of Appeal and Equalization must meet after June 12th, and before June 30th, 2015 on at least one meeting day and may meet for up to ten consecutive meeting days, and; WHEREAS, at least one of the meeting days must include an evening meeting that does not end before 7:00 p.m. NOW, THEREFORE BE IT RESOLVED, the Todd County Board of Appeal and Equalization meeting for 2015 will be set for Monday, June 15th, 2015 commencing at 6:30 p.m. and that it does not end before 7:00 p.m., in the County Board Room, at 215 First Ave. South, Long Prairie, Minnesota.
SWCDD
On motion by Kneisl and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve motion to waive the 90 day hiring freeze and approve advertisement,
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TODD COUNTY BOARD OF COMMISSIONERS
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interviews, and selection of the most suitable candidate for Resource Conservationist at Grade 18, Step 1 - 4 for SWCD to manage WCA program and other responsibilities.
Auditor Treasurer Report
Auditor-Treasurer sending out an email to all Department Heads regarding the deadlines and attachments for Commissioner Meetings.
Commissioner’s Report
Neumann reported he has not received minutes from Committee Meetings yet. These minutes should all be posted to the Todd County Website. Becker reported she attended the State Hearing regarding the pipeline installation through northern Todd County. She would like a letter of support drafted regarding this. She will follow up with Assessor and Recorder’s office. Erickson reported on the facilities meeting, there are still issues with the carpeting in the Historic Courthouse. Glass has been installed in the Courts Offices. Courts would like some done with the skylights in their area because of the glare. The Justice Center is looking into a cooling system for fresh air intake to help keep computer equipment cooler. Repair on the stone wall is being looked into. Union negotiations and mediations are continuing with the Unions. Commissioner Erickson will be gone from March 13 – March 20, 2015. Commissioner Kircher recessed the meeting until March 17, 2015. Commissioner Warrants
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
TODD COUNTY BOARD OF COMMISSIONERS Repurchase of Tax-Forfeited Property
Page 1 of 1 Board Action Tracking Number: 20150317-24
WHEREAS, Tyler J Mohler has submitted an application for repurchase of the following described tax-forfeited lands: Parcel 19-0076200 Lot 5 of Block 6 in Prairie River Heights.
NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners approves the application for repurchase of tax-forfeited lands submitted by Tyler J Mohler parcel# 19-0076200.
Todd County Board of Commissioners Roll Call Vote
Commissioner Becker Yes No _____________________________________
Commissioner Kneisl Yes No _____________________________________
Commissioner Erickson Yes No _____________________________________
Commissioner Kircher Yes No _____________________________________
Commissioner Neumann Yes No _____________________________________
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
CONDITIONAL USE PROCEEDINGS STATE OF MINNESOTA COUNTY OF TODD In The Matter of: Tim & Caroline Venis 36741 – 185th Ave Eagle Bend, MN 56466 Site Address: 36741 – 185th Ave Parcel Number: 07-0017500 REQUEST: Conditional Use Permit to erect and operate a greenhouse for growing fish & vegetables (aqua ponics). Produce will be sold at and from the site. Property is zoned Ag/Forestry‐2 and it requires a CUP for operating a commercial business. The above entitled matter was heard before the Todd County Planning Commission on the 5th , day of March 2015 , on a petition for Conditional Use pursuant to the Todd County Zoning Ordinance, for the following described property: (40 acres) NE4 NE4, Section 17, Twp 131, Range 34, Eagle Valley Township. Record this document in: __X___abstract records _____torrens records. IT IS ORDERED that the Conditional Use be (granted, denied) #C-20150306881 as upon the following conditions, changes or reasons: Granted as per request with modification to allow two greenhouses versus the requested one. Granted with condition that the septic system for the home be inspected for compliance by June 1, 2015 and if found failing, updated to meet county and state standards.
___________________________________ Todd County Board of Commissioners Dated: March 17, 2015 David Kircher, Chairman 38 of 75
STATE OF MINNESOTA COUNTY OF TODD
OFFICE OF PLANNING & ZONING OFFICE I, Timothy D Stieber P&Z Director for the County of Todd, with and in said County, do hereby
certify that I have compared the foregoing copy and order (granted, denying) a Conditional Use
with the correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Long Prairie, Minnesota, in
the County of Todd on _________________________ .
DIRECTOR TODD COUNTY Planning &Zoning Drafted by: Linda Bleess
Planning Commission Secretary This form mailed to Applicant: __________________ Activities granted by a Conditional Use Permit expire and are considered invalid unless they are substantially completed within thirty-six months of the date the conditional use permit is granted by the Board of Commissioners. Section 5.05M Todd County Ordinance.
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Todd County, 221 1st Ave S Ste 104 Long Prairie Minnesota 56347.
This grant is for the following Grant Programs :
C15‐5799 Todd County Septic Inventory IV $30,680
Total Grant Awarded: $30,680
Recitals 1. The Laws of Minnesota 2013, Chapter 137, Article 2, Section 7, appropriated Clean Water Fund (CWF) funds to the
Board for the FY 2015 Competitive Grants Program. 2. Minnesota Statutes 103B.101, subd. 9 (1), and 103B.3369, authorize the Board to award this grant. 3. The Board has adopted the FY 2015 Clean Water Fund Competitive Grants Policy and authorized the FY 2015
Competitive Grants Program in Board Resolution 14‐42. 4. The Board has adopted Board Resolution 15‐12 to allocate funds for the FY 2015 Competitive Grants Programs. 5. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this
agreement by reference. 6. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant
agreement to the satisfaction of the State. 7. As a condition of the grant, Grantee agrees to minimize administration costs.
Authorized Representative The State's Authorized Representative is Marcey Westrick, Clean Water Coordinator, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, 651‐284‐4153, or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is TITLE Division Director ADDRESS 215 1st Ave, South, Suite 104 CITY Long Prairie, MN 56347 TELEPHONE NUMBER 320‐732‐4325
If the Grantee’s Authorized Representative changes at any time during this grant agreement, the Grantee must immediately notify the Board.
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Grant Agreement 1 Term of Grant Agreement
1.1 Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd.5. The Grantee must not begin work under this grant agreement until this Grant Agreement is fully executed and the Grantee has been notified by the State’s Authorized Representative to begin the work.
1.2 Expiration date: December 31, 2018, or until all obligations have been satisfactorily fulfilled, whichever comes first.
1.3 Survival of Terms: The following clauses survive the expiration or cancellation of this Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 18. Intellectual Property Rights.
2 Grantee’s Duties The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd.4(a)(1). The Grantee is responsible for the specific duties for the Program as follows: 2.1 Implementation: The Grantee will implement the work plan, which is incorporated into this Agreement by
reference, according to the FY 2015 Clean Water Fund Competitive Grants Policy. 2.2 Reporting: All data and information provided in a Grantee’s report shall be considered public.
2.2.1 The Grantee will submit an annual progress report to the Board by February 1of each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board.
2.2.2 The Grantee will display on its website the previous calendar year’s detailed information on the expenditure of these State grant funds and measurable outcomes as a result of the expenditure of these State grant funds according to the format specified by the BWSR, by March 15 of each year.
2.2.3 The Grantee will submit a final progress report to the Board by February 1, 2019 or within 30 days of completion of the Project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board.
2.3 Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan.
3 Time The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence.
4 Terms of Payment 4.1 Grant funds will be distributed in three installments: 1) The first payment of 50% will be distributed after the
execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by BWSR. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the grantee and approved by BWSR.
4.2 All costs must be incurred within the grant period. 4.3 All incurred costs must be paid before the amount of unspent grant funds is determined. Unspent grant funds
must be returned within 30 days of the expiration date of the Grant Agreement. 4.4 The obligation of the State under this Grant Agreement will not exceed the amount stated above. 4.5 This grant includes an advance payment of 50 percent of the grant’s total amount. Advance payments allow
the grantee to have adequate operating capital for start‐up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future.
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4.6 Contracting and Bidding Requirements Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must do the following if contracting funds from this grant contract agreement for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property 4.6.1 If the amount of the contract is estimated to exceed $100,000, a formal notice and bidding process
must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2)
4.6.2 If the amount of the contract is estimated to exceed $25,000 but not $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and paragraph (c).
4.6.3 If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2)
4.6.4 Support documentation of the bidding process utilized to contract services must be included in the grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable.
4.6.5 For projects that include construction work of $25,000 or more, prevailing wage rules apply per; Minn. Stat. §§177.41 through 177.44 consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals.
5 Conditions of Payment All services provided by the Grantee under this Grant Agreement must be performed to the State’s satisfaction, as
set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, State, and local laws, policies, ordinances, rules, FY 2015 Clean Water Fund Competitive Grants Policy, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, State, or local law.
The Minnesota Department of Administration’s Office of Grants Management Policy on Grant Closeout Evaluation
(Policy 08 – 13) requires the Board to consider a grant applicant’s past performance before awarding subsequent grants to them. The Board must consider a grant applicant’s performance on prior grants before making a new grant award of over $5,000. The Board may withhold payment on this and grants from other programs if the Grantee is not in compliance with all Board reporting requirements.
6 Assignment, Amendments, and Waiver 6.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant
Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office.
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6.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original agreement or any amendments thereto.
6.3 Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it.
7 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement.
8 State Audits Under Minn. Stat. § 16B.98, subd. 8, the Grantee’s books, records, documents, and accounting procedures and
practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1 The books, records, documents, accounting procedures and practices of the Grantee and its designated local
units of government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds.
8.2 The Grantee or designated local unit of government implementing this Agreement will provide for an audit that meets the standards of the Office of State Auditor. The audit must cover the duration of the Agreement Period and be performed within one year after the end of the Agreement Period or when routinely audited, whichever occurs first. Copies of the audit report must be provided to the Board if requested.
9 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State.
10 Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.
11 Publicity and Endorsement 11.1 Publicity. Any publicity regarding the subject matter of this grant agreement must identify the Board as the
sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant agreement.
11.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 12 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice‐of‐law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate State or federal court with competent
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jurisdiction in Ramsey County, Minnesota. 13 Termination
13.1 The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
13.2 In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding.
14 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any.
15 Prevailing Wage
It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which State prevailing wage laws apply (Minn. Stat. 177.42 – 177.44). All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality.
16 Constitutional Compliance It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding use of
Clean Water Funds to supplement traditional sources of funding. 17 Signage
It is the responsibility of the Grantee to comply with requirements for project signage, as provided in, Minnesota Laws 2010, Chapter 361, article 3, section 5 (b) for Clean Water Fund projects.
18 Intellectual Property Rights
The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents.
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IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
Approved: Todd County Board Of Water and Soil Resources By : ____Dave Kircher, Chairman_________________ By : ______________________________________________ (print)
Title : _________________________________________Title : __Assistant Director____ Date : _______________________________________ Date : ____________________________________________
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Revised 01/15
ToddCounty,MNBoardActionForm
Title(forpublicationwiththeAgenda):PlanningandZoningRetirementDateofMeeting:3/17/15 Totaltimerequested: 10minDepartmentRequestingAction:SWCDPresentingBoardAction/DiscussionatMeeting:TimStieberBackground SupportingDocumentationenclosed SeniorLandUsePlanner,LindaBleess,hasannounced her intenttoretireeffecitveMay29,2015.Options SupportingDocumentationenclosed Recommendation TheToddCountyBoardofCommissionersapprovesthefollowingbyMotion:MotiontoaccepttheresignationofSeniorLandUsePlanner,LindaBleesseffectiveMay29,2015.FinancialImplications:$ CommentsFundingSource:General Budgeted: Yes No Action Voting in Favor VotingAgainstMotion: Kircher KircherSecond: Becker BeckerPassed Erickson EricksonFailed Neumann NeumannTabled Kneisl Kneisl
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
TODD COUNTY DITCH AUTHORITY Hold Harmless Agreement – install private crossings –
County Ditch 20
Page 1 of 1 Board Action Tracking Number: 20150317-05
WHEREAS, Jerome Hoemberg is requesting to replace one existing private crossing and install two new private crossings on his property located in Staples Twp, section 13. Jerome got approval from the Ditch Authority in 2013 for this HHA but the project was never completed, so a new Hold Harmless Agreement has been signed and submitted to the Ditch Authority, and;
WHEREAS, an onsite inspection was done on November 27, 2012, and;
WHEREAS, Crossing #1 is an existing road crossing that will be replaced with a 60” culvert which will be 60 to 100 feet long so the west edge can be used as a cattle crossing. Crossing #2 is a new crossing; landowner will use the 78 inch culvert that will be removed from crossing #1 to install a cattle crossing. Crossing #3 will be a 48” culvert that will be used for field access. The culverts will be placed at original ditch bottom elevation and will exceed the combined capacity of the three upstream culverts.
NOW, THEREFORE BE IT RESOLVED, the Todd County Ditch Authority gives permission to Jerome Hoemberg to replace one existing crossing and install two new crossings on CD20. The crossings will be located on his own property and will be installed at his own expense. This property is located in Staples Township, section 13.
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Board Meeting March 17, 2015 County Ditch 20 – Jerome Hoemberg HHA
Private crossings – parcel 22-0013300
Crossing #1 – Looking west/ upstream – cattle will use extended culvert to cross on this side
Nancy Uhlenkamp Ditch & Ag Inspector Located at Public Works 44 Riverside Drive
The Todd County GIS & LandServices Department has madeevery effort to provide the mostaccurate, up-to-date informationavailable in this publication andcannot be held responsible forany unforseen errors or omissions.
StaplesTownshipSection 13 Township 133 Range 330 310 620155 Feet
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
Subdivision 1. Appointment. The county board of each county shall appoint and employ,as hereinafter provided, a county highway engineer who may have charge of the highway workof the county and the forces employed thereon, and who shall make and prepare all surveys,estimates, plans, and specifications which are required of the engineer. The county highwayengineer may be removed by the county board during the term of office for which appointed onlyfor incompetency or misconduct shown after a hearing upon due notice and upon stated charges.The burden of proving incompetency or misconduct shall rest upon the party alleging the same.
Subd. 2.Qualifications, salary, and term. The county highway engineer shall be a registeredhighway or civil engineer, registered under the laws of the state of Minnesota. The county boardmay appoint a new county engineer for a term of only one year. All reappointments shall be for aterm of four years, and shall be made in May of the year in which the term expires. The countyhighway engineer shall be a citizen and resident of this state. The county highway engineer'ssalary shall be fixed by the county board and shall be payable the same as other county officersare paid. The salary shall not be reduced during the county highway engineer's term of office.
Subd. 2a. Short-term reappointment pending retirement. Notwithstanding the provisionsof subdivision 2 as to the term of office of the county highway engineer, the county board of anycounty may reappoint a county highway engineer for a term of office less than four years whensuch county highway engineer to be reappointed will reach the age of mandatory retirementwithin the normal four-year term provided for in subdivision 2.
Subd. 3. Leave of absence from state service. Any registered professional engineeremployed by the state when properly certified by the commissioner of transportation may beemployed as an engineer on a full-time basis for any city, county, or any other governmentalagency, and during the period of such employment and for the purposes of such employment ,may be granted leave of absence from the state service, notwithstanding any limitation on leavesof absence contained in the Civil Service Act.
Subd. 4. Civil service classification. The commissioner of management and budgetshall allocate a state civil service classification to any city or county highway engineer, oran engineer of any other governmental agency as may be from time to time requested by thecommissioner of transportation. The allocation shall be made on the same basis and subject tothe same provisions of law as pertain to engineering and similar positions in the state classifiedservice. The commissioner of management and budget shall give consideration to the education,professional attainments and experience of the city, county highway engineer, or engineer of anyother governmental agency for purposes of transfer to the state service. All city, county highwayengineers, or engineers of any other governmental agency who have not less than two yearsservice prior to the transfer may be transferred to the state classification so allocated withoutexamination, but subject to a six months probationary period, in the state classified service. Thecommissioner of management and budget shall establish procedure for the transfer.
Subd. 5. Promotional examination. The commissioner of transportation may certify anycity or county highway engineer that the commissioner may deem qualified to the commissionerof management and budget as eligible to take any specific promotional examination held forcivil engineer or civil engineering aid as classified by the state civil service commission. The
service rating of such engineer shall include past service with the state and as city or countyhighway engineer, if the engineer had prior service with the state Transportation Departmentas a supervisory engineer.
Subd. 6. Duties; bond. The county highway engineer shall devote the entire time to officialduties and, before entering upon the duties of office, give bond to the state in the penal sum of$25,000, to be approved and filed in the same manner as are the bonds of the other county officers.All premiums for the bond shall be paid by the county. The state, the several governmentalsubdivisions thereof, or any person damaged by any wrongful act or omission of the countyhighway engineer in the performance of official duties may maintain an action on the bondfor the recovery of the damages so sustained.
Subd. 7. Report. The county highway engineer shall prepare and submit to the county boardannually a full and complete report covering all county highway work, and shall prepare andsubmit such other reports relating to the county highway system as the county board directs.
Subd. 8. [Repealed, 1969 c 304 s 2]
Subd. 9. Contract for engineer services with other county. In lieu of appointing andemploying a county highway engineer in accordance with the provisions of this section, a countymay contract for the services of a county highway engineer with a county that appoints andemploys such an engineer upon such terms as are mutually agreed upon. An engineer acting as acounty highway engineer under contract for a county shall exercise every duty and responsibilityimposed by law upon a county highway engineer. A copy of each contract executed betweencounties under this subdivision shall be filed in the office of the commissioner of transportation.
This subdivision shall not apply to any county containing a city of the first class.
History: 1959 c 500 art 4 s 7; 1967 c 763 s 1,2; 1969 c 437 s 1; 1971 c 389 s 1; 1973 c 15 s1; 1973 c 123 art 5 s 7; 1973 c 507 s 45; 1976 c 166 s 7; 1980 c 617 s 47; 1986 c 444; 1992 c 505s 2; 1Sp2003 c 19 art 2 s 15; 2008 c 204 s 42; 2009 c 101 art 2 s 109
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
AN ORDINANCE REGULATING THE POSSESSION, SALE, AND CONSUMPTION OF TOBACCO AND RELATED DEVICES AND PRODUCTS WITHIN THE COUNTY OF TODD,
MINNESOTA
THE COUNTY BOARD OF THE COUNTY OF TODD, MINNESOTA ORDAINS: Section 1. Title. This ordinance shall be known and referenced as the Todd County Tobacco Sales and Access Ordinance. Section 2. Purpose. The County Board recognizes that:
I. Many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products.
II. Sales, possession, and use of tobacco, tobacco-related devices, electronic delivery devices,
and nicotine or lobelia delivery products by persons under the age of 18 years are violations of both Minnesota and Federal laws.
III. Publications by the National Cancer Institute, U.S. Center for Disease Control and Prevention, the Minnesota Department of Health, Minnesota Department of Human Services, Minnesota Attorney General's Office, and the University of Minnesota summarizing state and national research show that:
Most smokers begin smoking before they have reached the age of 18 years,
Those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking,
Tobacco use has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government, and
Smoking rates for minors under 18 are higher in communities where the law is not actively enforced.
IV. This ordinance shall be intended to regulate the sale, possession, and use of tobacco,
tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and furthering existing laws; to protect minors against the serious effects associated with the illegal use of tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products; and to further official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. §144.391, as it may be amended from time to time.
Section 3. Jurisdiction.
Subd. 1. The Todd County Tobacco Sales and Access Ordinance shall apply to all incorporated and unincorporated areas within Todd County that do not have a municipal tobacco license and active regulation, which meet the intent and minimum requirements of Minnesota law, in effect.
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Subd. 2. All requirements of this ordinance are applicable within a city or town that licenses retail establishments but fails to actively regulate retail sales according to Minnesota law.
Section 4. Definitions and Interpretations.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Subd. 1. Administrative Fee. The license and service fees that are assessed to individuals, as authorized by the ordinance. Administrative fees are not penalties assigned in a criminal court. Subd. 2. Administrative Penalty. The fees that are assessed to individuals for violation of the ordinance as authorized by the ordinance. Subd. 3 Child-Resistant Packaging. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. Subd. 4. Compliance Checks. The system the county uses to investigate and ensure that those authorized to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products for educational, research, and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products. Subd. 5. County Board. The Todd County Board of Commissioners. Subd. 6. County Official. The person or persons authorized to administer and enforce this ordinance. Subd. 7. Electronic Delivery Device. Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Subd. 8. Indoor Area. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge window screen is not considered a wall.
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Subd. 9. Loosies. The common term used to refer to a single or individually packaged cigar or cigarette, or any other tobacco product that has been removed from its packaging and sold individually. The term “loosies” does not include individual cigars with a retail price before any sales taxes of more than $2.00 per cigar. Subd. 10. Minor. Any natural person who has not yet reached the age of 18 years. Subd. 11. Moveable Place of Business. Any business operated out of a truck, van, automobile, kiosk, or other type of vehicle or transportable shelter without a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 12. Nicotine or Lobelia Delivery Product. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the Unites States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Subd. 13. Retail Establishment. Any place of business where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products are available for sale to the general public. Retail establishments shall include, but not be limited to, tobacco shops, grocery stores, service stations, convenience stores, restaurants, taverns, and drug stores. Subd. 14. Sale. Any transfer of goods for money, trade, barter, or other consideration. Subd. 15. Self-Service Merchandising. Open displays of tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery products, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or licensee’s employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. Subd. 16. Smoking. The inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other tobacco or plant product, or inhaling or exhaling vapor or aerosol from an electronic delivery device. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. Subd. 17. Tobacco or Tobacco Products. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
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Subd. 118. Tobacco-Related Devices. Any pipes, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco-related devices shall include accessories or components of tobacco-related devices which may be marketed separately. Subd. 19. Vending Machine. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
Section 5. License.
No retail establishment shall sell or offer to sell any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product without first having obtained a license to do so from the county, unless such person obtained a license from a city or town which is responsible for licensing and within its jurisdiction.
Subd. 1. Application. An application for a license to sell shall be made on a form provided by the county. The application shall contain the full name of the applicant, applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the county deems necessary. If it is determined that an application is incomplete, it shall be returned to the applicant with notice of the information necessary to complete the application. Subd. 2. Action. The County Board may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant. Investigation may include, but is not limited to, a background check. If the County Board approves, the license shall be issued to the applicant. If the County Board denies the license, notice of the denial shall be given to the applicant along with the notice of the applicant's rights and the appeal process. Subd. 3. Term. All licenses shall be valid upon approval by the Todd County Board. The license shall terminate each year on December 31st. The length of the license time may be modified from time-to-time by resolution of the County Board. Sub. 4. Revocation or Suspension. Any license issued under this section may be revoked or suspended as provided in this ordinance. Subd. 5. Renewals. The renewal of a license shall be handled in the same manner as the original application. The applicant's request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. Subd. 6. Issuance as privilege and not a right. The issuance of a license issued under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Subd. 7. Transfers. All licenses shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of the license to another location or person shall be allowed.
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Subd. 8. Moveable Place of Business. No license shall be issued to a movable place of business. Only fixed-location businesses shall be eligible to be licensed. Subd. 9. Display. All licenses shall be posted and displayed on the licensed premise in plain view of the general public and shall be exhibited to any person upon request. Subd. 10. Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco, tobacco-related devices, or electronic delivery devices is prohibited.
Section 6. Administrative Fees.
No license shall be issued under this ordinance until the appropriate administrative fee is paid in full. The administrative fee for a license under this ordinance shall be established and may be modified, from time to time, through county ordinance.
Section 7. Basis for Denial of License.
Grounds for the County Board to deny the issuance or renewal of a license under this ordinance include, but are not limited to, the following:
Subd. 1. The applicant is under the age of 18 years. Subd. 2. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products. Subd. 3. The applicant has had a license to sell tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products suspended or revoked within the preceding 12 months of the date of application. Subd. 4. The applicant fails to provide any information required on the application, or provides false or misleading information. Subd. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding a license.
However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the County must deny the license. Additionally, if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section.
Section 8. Prohibited Sales.
It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product:
Subd. 1. To any person under the age of 18 years. Subd. 2. By means of any type of vending machine.
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Subd. 3. At a moveable place of business. Subd. 4. By means of loosies as defined in Section 4 of this ordinance. Subd. 5. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee’s employee, and the customer. Subd. 6. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. Subd. 7. By any other means, to any other person, or in any other manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation.
Section 9. Self-Service Sales.
It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products by any means whereby the customer may have access to those items without having to request the items from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product between the licensee or his or her clerk and the customer. All tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Section 10. Responsibility.
All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products on the licensed premises, and the sale of such an item by any employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the county from also subjecting the clerk to whatever penalties are appropriate under this ordinance, state or federal law, or other applicable law or regulation. Section 11. Compliance Checks and Inspections.
All licensed premises under this ordinance shall be open to inspection by the Todd County Sheriff’s Department or other authorized county officials during regular business hours. From time-to-time, but at least once per year, the county shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated county personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products when such items are obtained or attempted to be obtained as a part of the compliance check. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law.
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Section 12. Other Illegal Acts.
Unless otherwise provided, the following acts shall be a violation of this ordinance:
Subd. 1. Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product to any minor. Subd. 2. Illegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. Subd. 4. Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase, attempt to purchase, or otherwise obtain any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 6. Liquid Packaging. It shall be a violation of this ordinance to sell and liquid, whether or not such liquid contains nicotine, intended for human consumption and use in an electronic delivery device, in packaging that is not child-resistant. Upon request, a licensee shall provide a copy of the certificate of compliance or full laboratory testing report for the packaging used.
Section 13. Violations. Subd. 1. Notice. A person violating this ordinance may be issued, either personally or by mail, a citation that sets forth the alleged violation and administrative penalty. The notice shall inform the alleged violator of the right to an administrative hearing. Subd. 2. Hearings. Upon issuance of a citation, a person accused of violating this ordinance may request a hearing on the matter, and a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. A hearing request by the accused must be requested in writing within 30 days of the violation date to the Todd County Sheriff’s Department. If a violation is found to have occurred, the violator shall be responsible for the cost of conducting the administrative hearing.
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Subd. 3. Hearing Officer. An Administrative Law Judge shall serve as the hearing officer. Subd. 4. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under Section 14 of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings shall be recorded and a copy provided to the acquitted accused violator. Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be filed in Todd County District Court within 30 days. Subd. 6. Misdemeanor Prosecution. Nothing in this section shall prohibit the county from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. Subd. 7. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
Section 14. Administrative Penalties. Subd. 1. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative penalty of $75 for a first violation of this ordinance; $200 for a second offense at the same licensed premises within a 24-month period; and $250 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven consecutive days. Subd. 2. Other Individuals. Other individuals, other than minors regulated by Subd. 3 of this section, found to be in violation of this ordinance shall be charged an administrative penalty of $50. Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product, shall be subject to pay up to a $100 administrative penalty, or may be subject to tobacco-related education classes, community service, or another penalty that the county believes will be appropriate and effective. Subd. 4. Misdemeanor. Nothing in this section shall prohibit the county or city from seeking prosecution as a misdemeanor for any violation of this ordinance.
Section 15. Exceptions and Defenses.
Nothing in this ordinance shall prevent the provision of tobacco or tobacco-related devices, to a minor as a part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by state law.
Section 16. Severability and Savings Clause.
If any section or provision of this ordinance shall be found invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision.
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Section 17. Effective Date.
This ordinance shall be in full force and effect from and after its passage and approval, as provided by law.
Passed and approved this _______ day of _______________, by the County of Todd.
Budgeted: Yes No Action Voting in Favor VotingAgainstMotion: Kircher KircherSecond: Becker BeckerPassed Erickson EricksonFailed Neumann NeumannTabled Kneisl Kneisl
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
SignaturesSTATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal:
