The county board exercised caution on July 19, 2011 by not entering a contract with the Minnesota Department of Natural Resources (DNR) to lease a picnic site on Blueberry Island, otherwise known as “Picnic Island,” on Poplar Lake.
According to County Assessor/Land Commissioner Mary Black, the Poplar Lake Association has an agreement with the DNR, which owns the land, to maintain a picnic site on the island. She said the U.S. Forest Service has agreed to improve the site by adding a latrine and a picnic table. The association had asked the Forest Service to put a latrine on a frequently used island it owns, but the soil on the island wasn’t deep enough to allow a latrine. The Forest Service and the DNR were willing to partner on an island owned by the DNR instead.
The DNR requires that the county rather than the Poplar Lake Association enter a lease agreement, however, in which it promises to “maintain the premises in good repair, keeping them safe and clean, removing all refuses and debris that may accumulate.”
Under a section entitled “Additional Terms,” the proposed agreement states, “Poplar Lake Association is responsible for all maintenance of trail and latrine. If Poplar Lake Association fails to maintain the trail and latrine, then the lessee agrees to be responsible for the maintenance of the trail and latrine.”
Both Mary Black and Commissioner Jim Johnson talked with Poplar Lake Association president Doug Graham, and they reported that he told them the association would maintain the site but was not interested in signing anything.
“The goal is just to clean up the site,” Johnson said. “It’s been a problem for awhile.” He said the association believes having a latrine and a picnic table on the site would encourage visitors to leave less of a mess. The association has cleaned up the site voluntarily, Johnson said.
Johnson was not against signing the agreement with the DNR without a written agreement from the association. “I feel a gentleman’s agreement is a good thing,” he said. Most people in Cook County will honor an agreement made by a shake of the hand, he said.
Commissioner Bruce Martinson did not agree. “I think it’s a small thing to ask them to sign an agreement,” he said, recommending that they not move forward.
“They are concerned that the wording in the agreement might be a little heavy,” said Black. The proposed agreement is similar to other maintenance agreements the county has with private groups such as the North Superior Ski and Run Club, which provides maintenance of the Pincushion trail system.
The proposed Site Maintenance and Use Agreement between the county and the association says, “The association agrees to defend, indemnify, and hold harmless the county from any and all claims brought by anyone arising out of the subject site, including but not limited to claims arising out of the creation, construction, operation, maintenance, inspection, or use of the site.
“…The association will operate as an independent contractor, and the county shall not have any responsibility or liability for worker’s compensation or other employee benefits or claims of negligence or other wrongdoing on the part of the association brought by third parties.”
“It’s the right thing to be consistent,” said Commissioner Martinson regarding requiring the same type of maintenance agreement other groups have with the county.
“I agree totally with Bruce,” said Commissioner Fritz Sobanja.
“I’m uncomfortable breaking precedent,” said Commissioner Sue Hakes.
County Attorney Tim Scannell said he has talked to Doug Graham numerous times and didn’t think the association would sign the agreement even if the wording were changed. Commissioner Jim Johnson said he would attend an association meeting this weekend and discuss the county’s stance.
Leave a Reply