HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/09/2019
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room
515 W. Fir Avenue, Fergus Falls, MN
April 9, 2019
9:00 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 9:00 a.m. Tuesday, April 9, 2019, at the
Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Lee Rogness,
Vice-Chair; Wayne Johnson, John Lindquist and Betty Murphy present.
Approval of Agenda
Chair Huebsch called for approval of the Board Agenda. Motion by Rogness, second by Lindquist and
unanimously carried to approve the Board of Commissioners Agenda of April 9, 2019, with the addition of
the following Items:
Schedule Road Tour in Northeast Area of County
Sanitation Code Update – Public Works Committee
Land for Garage – Public Works Committee
Bois de Sioux Appointment Update
Consent Agenda
Motion by Lindquist, second by Murphy and unanimously carried to approve Consent Agenda items as
follows:
1. April 2, 2019, Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for April 9, 2019 (Exhibit A)
3. Human Services & Public Health Warrants/Bills for April 9, 2019 (Exhibit A)
4. Probation Advisory Board Appointments of Mary Dokken to represent District Two
and Mike Windey to represent District Four.
2018 Annual Report for West Central MN Community Actions
CEO Missy Becker-Cook provided an overview of the services offered through West Central MN
Community Actions which includes the Head Start program in Otter Tail County. Ninety-eight children in
the County ages 3-4 years-old participated in Head Start classes. Head Start also offers an early program
with weekly in-home family visits for children ages birth to 3-years-old, which served ten children, and will
be expanding in the coming year. The service dollars coming into the County through the Head Start
program equates to over $1 million.
Regional Transportation Coordinating Councils
Family & Community Services Director Heather Molesworth of West Central MN Community Actions
presented information about the Regional Transportation Coordinating Councils. The MN Department of
Transportation and Human Services are collaborating with state agencies, including counties, that will
work with the Metropolitan Council to create regional transportation coordinating councils throughout the
state. Coordination between transportation providers and service agencies is a strategy to fill
transportation gaps, particularly in rural areas. The service will provide individuals rides for a nominal fee.
The Board is supportive of the Regional Transportation Coordinating Councils recognizing that educating
the public is important for the program to be successful.
RESOLUTION FOR RANKED CHOICE VOTING IN SUPPORT OF LOCAL CONTROL
FOR NON-PARTISAN RACES
Otter Tail County Resolution No. 2019 – 31
The following resolution was offered by Commissioner Wayne Johnson, who moved for Otter Tail County to
recognize, support and adopt Ranked Choice Voting as a Local Option in ballot design:
OTC Board of Commissioners’ Minutes
April 9, 2019
Page 2
WHEREAS, all townships and school districts, 86 of 87 counties, and 85 percent of cities fall under the
statutory rule for the conduct of local elections and must ask permission of the Legislature to make changes
to these rules; and
WHEREAS, local charter (or home rule) cities that hold elections in even years along with state and federal
elections must comply with restrictive state partisan ballot design requirements; and
WHEREAS, the 2019 Ranked Choice Voting (RCV) Local Options bills currently under consideration in the
Minnesota Legislature (HF983/SF2424) aim to remove regulatory barriers and extend the authority to adopt
Ranked Choice Voting to local statutory jurisdictions; and
WHEREAS, the RCV Local Options bills provide for the flexibility to efficiently include ranked and non-ranked
elections on a single ballot; and
WHEREAS, the RCV local options bills contain no mandates, but simply provides local jurisdictions with the
permission and tools they need to consider and implement RCV; and
WHEREAS, a growing number of local jurisdictions are exploring RCV because it potentially provides a
range of benefits over our current elections, including:
• Making voting simpler for voters by eliminating the need for local nonpartisan primaries and
consolidating two elections into one;
• Demonstrably increasing voter participation;
• Ensuring majority winners in a single election. Voters rank their preferences on the ballot, 1st, 2nd,
3rd and so on. If no candidate receives a majority of first choices, then the least popular candidate
is defeated, and their ballots are reassigned to those voters’ second choices; and this process is
repeated until one candidate receives a majority of continuing ballots;
• Making voting easier for deployed military members and other citizens abroad by requiring one less
election for them to receive and return their ballots on time;
• Potentially improving the civility of campaigning; and
WHEREAS, the potential to produce more civil, inclusive, participatory and representative outcomes has
considerable merit; and
WHEREAS, the RCV Local Options measure is a significant opportunity to improve elections in cities,
counties, townships, and school districts throughout the state.
NOW, THEREFORE, BE IT RESOLVED BY THE UNDERSIGNED, we support removing regulatory barriers
and giving all local jurisdictions in Minnesota the option to use Ranked Choice Voting if they decide it is right
for their communities.
The motion for the adoption of the foregoing resolution was introduced by Commissioner Wayne Johnson,
duly seconded by Commissioner John Lindquist, and, after discussion and commendation thereof and upon
vote being taken thereon, the resolution was adopted unanimously.
Adopted at Fergus Falls, Minnesota, this 9th day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
OTC Board of Commissioners’ Minutes
April 9, 2019
Page 3
RESOLUTION FOR PRAIRIE SNOW DRIFTERS TRAIL
ASSOCIATION GRANT-IN-AID FUNDING
Otter Tail County Resolution No. 2019 – 32
Commissioner Rogness the following and moved its adoption:
WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and
WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review
and approval of the County Attorney.
THEREFORE, BE IT RESOLVED, that Otter Tail County shall continue to sponsor Grant-In-Aid Trail
Systems as they exist for the Prairie Snow Drifters Trail Association Snowmobile Club for the 2019-2020
snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition.
Commissioner Johnson seconded the motion and, upon being put to vote, the resolution was
unanimously adopted this 9th day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Chair John Dinsmore, Clerk
RESOLUTION FOR OTTER TRAIL RIDERS
ASSOCIATION GRANT-IN-AID FUNDING
Otter Tail County Resolution No. 2019 – 33
Commissioner Rogness offered the following and moved its adoption:
WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and
WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review and
approval of the County Attorney.
THEREFORE, BE IT RESOLVED, that Otter Tail County shall continue to sponsor Grant-In-Aid Trail
Systems as they exist for the Otter Trail Riders Association Snowmobile Club for the 2019-2020
snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition.
Commissioner Johnson seconded the motion and, upon being put to vote, the resolution was
unanimously adopted this 9th day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Otter Tail County Resolution 2019 – 27 – Rescinded
Motion by Johnson, second by Rogness and unanimously carried to rescind previously approved Otter Tail
County Resolution 2019 – 27 because of errors in identifying highways in the resolution.
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April 9, 2019
Page 4
RESOLUTION FOR LIMITED USE PERMIT NO. 5602-0037
Otter Tail County Resolution No. 2019 – 34
Commissioner Johnson offered the following and moved its adoption:
IT IS RESOLVED that the County of Otter Tail enter into Limited Use permit No. 5602-0037 with the State
of Minnesota, Department of Transportation for the following purposes:
To provide for maintenance and use by the County of Otter Tail upon, along and adjacent to Trunk Highway
No. 59, 78, 94, 29, 108, 10, 106, 210, 235, and 34, the limits of which are defined in said Limited Use Permit.
C.S. 5607 (T.H. 10) C.S. 5610 (T.H. 29) C.S. 5617 (T.H. 59)
C.S. 5620 (T.H. 78) C.S. 5618 (T.H. 59) C.S. 5602 (T.H. 210)
C.S. 5609 (T.H. 29) C.S. 5680 (T.H. 94) C.S. 5604 (T.H. 210)
C.S. 5622 (T.H. 106) C.S. 5603 (T.H. 210) C.S. 5619 (T.H. 78)
C.S. 5623 (T.H. 108) C.S. 5624 (T.H. 108) C.S. 5605 (T.H. 10)
C.S. 5606 (T.H. 10) C.S. 5621 (T.H. 78) C.S. 5625 (T.H. 108)
C.S. 5608 (T.H. 29) C.S. 5611 (T.H. 34)
LUP#5602-0037
IT IS FURTHER RESOLVED that the Otter Tail County Board of Commissioners does hereby approve said
Limited Use Permit and authorizes and directs the County Board chairperson to execute, on behalf of County
of Otter Tail, the aforesaid Limited Use Permit.
Commissioner Murphy seconded the motion and, upon being put to vote, the resolution was unanimously
adopted this 9th day of April 2019.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Doug Huebsch, Board Chair John Dinsmore, Clerk
Revisions to the Subsurface Sewage Treatment Systems Ordinance
The Public Hearing for revisions to the Subsurface Sewage Treatment Systems Ordinance, which began on
March 12, 2019, will reconvene on April 23, 2019, at 1:00 p.m.
Bois de Sioux Watershed District – Appointment
Commissioner Lindquist provided that notice for the appointment to the Board of the Directors for the Bois
de Sioux Watershed District will be published on April 16 and April 10, 2019.
Recess & Reconvene
At 9:38 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed
for a short break. The Board of Commissioner’s meeting was reconvened at 9:50 a.m.
Transportation of Children & Youth in Foster Care Placement
Human Services Director Deb Sjostrom explained the agreement between Human Services and school
districts to provide transportation of children and youth that are in foster care placement through the County.
Children in placement may be in a foster care home outside of their school of origin. The agreements with
the schools are to provide transportation services to those children when it is determined that it is in their
best interests to remain in their school of origin to give them school stability and educational continuity.
Motion by Rogness, second by Johnson and unanimously carried to authorize the appropriate County
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April 9, 2019
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Officials’ signatures to execute the agreements with Underwood School District, Fergus Falls School District,
and Henning School District as recommended by the Human Services Director.
Public Hearing for Sale of General Obligation
Capital Improvement Bonds, Series 2019A
Pursuant to due call and notice thereof, a meeting of the Board of Commissioners of Otter Tail
County, Minnesota, was duly held at the Government Services Center in Fergus Falls, Minnesota, on
Tuesday, April 9, 2019 at 10:00 o’clock A.M.
The following members were present: Doug Huebsch, Chair; Lee Rogness, Vice-Chair; Wayne
Johnson, John Lindquist and Betty Murphy; and the following were absent: None
The Chair announced that the meeting was convened for the purpose of considering proposals for
the purchase of $12,890,000 General Obligation Capital Improvement Bonds, Series 2019A. Proposals
were submitted as shown in Exhibit B attached hereto.
RESOLUTION AWARDING SALE OF $12,890,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT
BONDS, SERIES 2019A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR
THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT
Otter Tail County Resolution No. 2019 - 35
Commissioner Johnson introduced the following written resolution and moved its adoption:
BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as follows:
1. The proposal of Raymond James & Associates, Inc. to purchase the $12,890,000 General
Obligation Capital Improvement Bonds, Series 2019A of the County is hereby found and determined to be a
favorable proposal, and shall be and is hereby accepted, said proposal being to purchase Bonds maturing
and bearing interest as set forth in paragraph 2 at a price of $14,145,814.80 plus accrued interest.
2. To provide funds for a new public works garage facility (the “Public Works Garage Facility
Project”) and various county highway resurfacing, reconstruction, and bridge projects (the “County Highway
Projects”) pursuant to the County’s Capital Improvement Plan approved March 5, 2019 (the “Capital
Improvement Plan”), the County shall forthwith issue its negotiable General Obligation Capital Improvement
Bonds, Series 2019A (the “Bonds”), pursuant to Minnesota Statutes, Section 373.40 and Chapter 475. The
Bonds shall be in the aggregate principal amount of $12,890,000, to be dated May 9, 2019, bear interest at
the rates per annum according to years of maturity set forth below, computed on the basis of a 360-day year
of twelve 30-day months, payable February 1, 2020, and semiannually thereafter on February 1 and
August 1 in each year, and mature serially on February 1 in the years and amounts as follows:
Year
2021
2022
2023
2024
2025
2026
2027
2028
2029
Amount
$585,000
615,000
645,000
680,000
715,000
745,000
785,000
825,000
865,000
Interest Rate
5.00%
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
Year
2030
2031
2032
2033
2034
2035
2036
2037
Amount
$905,000
715,000
745,000
765,000
790,000
815,000
835,000
860,000
Interest Rate
4.00%
4.00
3.00
3.00
3.00
3.00
3.00
3.00
All Bonds maturing on or after February 1, 2029, are subject to redemption and prior payment in
whole or in part in such order as the County may determine and by lot within a maturity at the option of the
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County on February 1, 2028, and any date thereafter at par and accrued interest. In the event of 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. The Bonds
shall be numbered R-1 upwards in order of issuance or in such other order as the Registrar may determine
and shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the amount
maturing in any year.
3. The Bonds shall be payable as to principal upon presentation at the office of Bond Trust
Services Corporation, Roseville, Minnesota, as Registrar and Paying Agent, or at the offices of such other
successor agents as the County may hereafter designate upon 60 days’ mailed notice to the registered
owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the
registered owners at their addresses shown on the registration books of the County on the 15th day of the
month preceding each interest payment date.
4. The Bonds, the Registrar’s Certificate of Authentication and Registration and the form of
assignment on the reverse side thereof shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
No. R-_2019 - 35____ $_12,890,000_____
GENERAL OBLIGATION
CAPITAL IMPROVEMENT BOND, SERIES 2019A
Interest Rate Maturity Date Date of Original Issue CUSIP
May 9, 2019
Registered Owner:
Principal Amount:
The County of Otter Tail, Minnesota, for value received, hereby promises to pay to the Registered
Owner specified above, or registered assigns, the Principal Amount specified above on the Maturity Date
specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof
interest on such Principal Amount at the Interest Rate specified above from the Date of Original Issue, or the
most recent interest payment date to which interest has been paid or duly provided for as specified below,
on February 1 and August 1 of each year, commencing February 1, 2020, until said principal amount is paid.
Principal is payable in lawful money of the United States of America at the office of Bond Trust Services
Corporation in Roseville, Minnesota, as Registrar or of a successor Registrar designated by the County,
which designation shall be made upon notice of 60 days to the Registered Owners at their registered
addresses. Interest is payable 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 the registered owner’s address set forth on the registration books maintained by the
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 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.
The Bonds of this series maturing on or after February 1, 2029, are subject to redemption at the
option of the County, in whole or in part in such order as the County may determine and by lot within a
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maturity, on February 1, 2028, and any date thereafter at par and 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
in the manner provided by Chapter 475, Minnesota Statutes. Any defect in mailing notice of redemption
shall not affect the validity of the proceedings for redemption. Any Bond called for redemption, and for the
payment of which moneys are set aside by the County on the redemption date, shall not bear interest after
the redemption date, regardless of any delay in its presentation.
This Bond is one of an issue of Bonds in the aggregate principal amount of $12,890,000, all of like
date and tenor except as to maturity, interest rate and redemption privilege, issued pursuant to and in full
conformity with the Constitution and Laws of the State of Minnesota, including Section 373.40, Minnesota
Statutes, for the purpose of providing funds for a new public works garage facility (the “Public Works Garage
Facility Project”) and various county highway resurfacing, reconstruction, and bridge projects (the “County
Highway Projects”). The Bonds of this issue are payable primarily from taxes levied under the Resolution
described below, and this Bond constitutes a general obligation of the County and to provide moneys for the
prompt and full payment of said principal and interest as the same become due the full faith and credit of the
County is hereby irrevocably pledged, and the County will levy additional ad valorem taxes on all taxable
property in the County, if required for such purpose, without limitation as to rate or amount.
This Bond is transferable, as provided by the Resolution of the Board of County Commissioners
authorizing the issuance of the Bonds of this series adopted April 9, 2019 (the “Resolution”) only upon books
of the County kept at the office of the Registrar by the Registered Owner hereof in person or by the
Registered Owner’s duly authorized attorney, upon surrender of this Bond for transfer at the office of the
Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Registrar duly executed by, the Registered Owner hereof or the Registered 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 the series of the same principal amount, maturity and
interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond
may be treated as the absolute owner hereof for all purposes.
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 aggregate principal amount of Bonds of this series of a different authorized
denomination, as requested by the Registered Owner or the Registered Owner’s duly authorized attorney
upon surrender thereof to the Registrar.
IT IS HEREBY CERTIFIED AND RECITED that this Bond is issued by authority of and in strict
accordance with Minnesota Statutes, Section 373.40 and Chapter 475, that all acts, conditions 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 and that this Bond, together with all other
indebtedness of the County outstanding on the date of its issuance, does not exceed any constitutional or
statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose until the Certificate of
Authentication and Registration hereon shall have been signed by the Registrar.
IN WITNESS WHEREOF, Otter Tail County, Minnesota, by its Board of Commissioners, has caused
this Bond to be executed in its behalf by the facsimile signature of the Chair and by the facsimile signature
of the County Administrator, all as of the Date of Original Issue specified above.
OTTER TAIL COUNTY, MINNESOTA
By (Facsimile Signature)
Chair, Board of County Commissioners
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By (Facsimile Signature)
County Administrator
REGISTRAR’S CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This is one of the Bonds described in the within mentioned Resolution, and this Bond has been
registered as to principal and interest in the name of the Registered Owner identified above.
Dated: May 9, 2019
BOND TRUST SERVICES CORPORATION, Bond Registrar
By
Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
(Please Print or Typewrite Name and Address of Transferee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
_______________________, attorney to transfer the within Bond on the books kept for registration thereof,
with full power of substitution in the premises.
Dated:______________________
Please Insert Social Security Number or Other
Identifying Number of Assignee
Notice: The signature to this assignment must
correspond with the name as it appears on the
face of this Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signatures must be guaranteed by a national
bank or trust company or by a brokerage firm
having membership in one of the major stock
exchanges.
5. The Bonds shall be prepared in printed form under the direction of the County Administrator
and when so prepared shall be executed on behalf of the County by the manual or facsimile signature of the
Chair and by the manual or facsimile signature of the County Administrator. The Bonds shall not be valid
for any purpose until authenticated by the Registrar. The Bonds initially issued hereunder shall be registered
as of the date of delivery, and all Bonds issued in exchange therefor shall be registered 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. When the Bonds shall have been so prepared and executed, they shall be delivered to
the purchaser by the County Administrator or the Administrator’s designee(s) upon receipt of the purchase
price and accrued interest and the signed legal opinion of Kutak Rock LLP, as Bond Counsel, 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 Registrar an office or agency for the payment of the principal of and
interest on the Bonds, as in this Resolution provided, and for the registration and transfer of the Bonds, and
shall also keep at the office of the Registrar books for such registration and transfer. Upon surrender for
transfer of any Bond at the office of the Registrar with a written instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner 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, the County
shall execute and the Registrar shall authenticate and deliver, in the name of the designated transferee or
transferees, one or more fully registered Bonds of the same series and maturity date, of any authorized
denominations of a like aggregate principal amount, maturity and interest rate. The Bonds, upon surrender
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thereof at the office of the Registrar, may at the option of the registered owner thereof be exchanged for an
equal aggregate principal amount of Bonds of the same maturity date 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 Registrar shall deliver Bonds in accordance with the provisions
of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the County
or the Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental 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 Registrar
incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid
by the County. The County and the Registrar shall not be required to make any transfer or exchange of any
Bonds during the fifteen (15) days next preceding any February 1 or August 1 interest payment date.
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 business on the 15th day of the month 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 notice given by the County to the Registrar
of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the
Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution
upon transfer of or in exchange for or 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 Registrar and their respective successors, each in its
discretion, may deem and treat the person in whose name the same for the time being shall be registered
as the absolute owner thereof for all purposes and neither the County nor the Registrar nor their respective
successors shall be affected by any notice to the contrary. Payment 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, 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) For purposes of this paragraph 9, the following terms shall have the following meanings:
“Beneficial Owner” shall mean, whenever used with respect to a Bond, the person recorded
as the beneficial owner of such Bond by a Participant on the records of such Participant, or such
person’s subrogee.
“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of
DTC with respect to the Bonds.
“DTC” shall mean The Depository Trust Company of New York, New York.
“Participants” shall mean those broker-dealers, banks and other financial institutions for
which DTC holds Bonds as securities depository.
“Representation Letter” shall mean the Blanket Letter of Representation from the County to
DTC.
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(b) The Bonds shall be initially issued as separate authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register of the County
kept by the Registrar in the name of Cede & Co., as nominee of DTC. The Registrar and the County
may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name
for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or
portions thereof to be redeemed, giving any notice permitted or required to be given to registered
owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the County shall be affected by any notice to the contrary.
Neither the Registrar nor the County shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the registration books of the Registrar as
being a registered owner of any Bonds, with respect to the accuracy of any records maintained by
DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with
respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC
or any Participant of any person to receive payment in the event of a partial redemption of the Bonds,
or with respect to any consent given or other action taken by DTC as registered owner of the Bonds.
The Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance
with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and
discharge the County’s obligations with respect to the principal of and interest on the Bonds to the
extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond
for each separate stated maturity evidencing the obligation of the County to make payments of
principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC
has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable
to such new nominee in accordance with subparagraph (e) hereof.
(c) In the event the County determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bond certificates, the County may notify DTC and the Registrar,
whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In
such event, the Bonds will be transferable in accordance with subparagraph (f) hereof. DTC may
determine to discontinue providing its services with respect to the Bonds at any time by giving notice
to the County and the Registrar and discharging its responsibilities with respect thereto under
applicable law. In such event the Bonds will be transferable in accordance with subparagraph (e)
hereof.
(d) Notwithstanding any other provision of this Resolution apparently to the contrary, so
long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to the principal of and interest on such Bond and all notices with respect to such Bond shall
be made and given, respectively, to DTC as provided in the Representation Letter.
(e) The application of the terms of the Representation Letter to the Bonds is hereby
confirmed. The Representation Letter incorporates by reference certain matters with respect to,
among other things, notices, consents and approvals by registered owners of the Bonds and
Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with
respect to its actions thereunder as it has with respect to its actions under this Resolution.
(f) In the event that any transfer or exchange of Bonds is permitted under subparagraph
(b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from
the registered owners thereof of the Bonds to be transferred or exchanged and appropriate
instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 6
hereof.
10. There is hereby created a special fund, to be known as the Capital Improvement Plan Bonds,
Series 2019A Fund, for purpose of paying principal and interest on the Bonds, and in the event the principal
of and interest upon the said Bonds shall become due and payable and there are insufficient moneys in said
fund to pay such principal and interest, the County Treasurer is authorized and directed to pay said principal
OTC Board of Commissioners’ Minutes
April 9, 2019
Page 11
and interest from the general fund and thereafter to reimburse said general fund from collections of taxes
levied pursuant hereto. Proceeds of the Bonds herein authorized shall be used solely for the payment of the
costs of the Public Works Garage Facility Project and County Highway Projects described in the Capital
Improvement Plan and costs described in Minnesota Statutes, Section 475.68. It is anticipated that proceeds
of Bonds in the principal amount of $1,785,000 will be used for the payment of the costs of the Public Works
Garage Facility Project and proceeds of Bonds proceeds in the principal amount of $11,105,000 will be used
for the payment of the costs of the County Highway Projects. Any remaining proceeds may be used for any
lawful purpose.
In 2018, the County authorized a new ½ cent sales tax to provide a funding source for its 2040
Transportation Plan, which includes the County Highway Projects and was included in the Capital
Improvement Plan. The County intends to utilize the sales tax revenue collections to offset any annual levy
requirement attributable to principal and interest on County Highway Projects portion of the Bonds.
The County Highway Projects portion of the Bonds consists of Bonds maturing in the years and
amounts as follows:
Year
2021
2022
2023
2024
2025
2026
2027
2028
2029
Amount
$445,000
465,000
490,000
515,000
540,000
565,000
595,000
625,000
655,000
Year
2030
2031
2032
2033
2034
2035
2036
2037
Amount
$685,000
715,000
745,000
765,000
790,000
815,000
835,000
860,000
11. There is hereby levied upon all the taxable property in the County a direct annual ad valorem
tax which shall be spread upon the tax rolls and collected as part of other general ad valorem taxes of the
County in the years and amounts as follows:
Levy Year Collection Year Amount
2019 2020 $ 1,172,955
2020 2021 1,173,743
2021 2022 1,172,955
2022 2023 1,175,843
2023 2024 1,176,893
2024 2025 1,170,855
2025 2026 1,173,743
2026 2027 1,174,530
2027 2028 1,173,218
2028 2029 1,169,805
2029 2030 932,295
2030 2031 933,765
2031 2032 931,298
2032 2033 933,450
2033 2034 934,815
2034 2035 930,143
2035 2036 930,090
Said levy shall be irrepealable and the taxes so levied are irrevocably appropriated to the debt service
fund, but the County reserves the right to reduce said levy from funds in the Capital Improvement Bonds,
Series 2019A Fund or other moneys in the manner and to the extent permitted by Minnesota Statutes,
Section 475.61.
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April 9, 2019
Page 12
It is hereby found and determined that the foregoing taxes, if collected in full, together with capitalized
interest and available funds hereby appropriated to pay interest on the Bonds in 2020, will produce at least
five percent in excess of the amount needed to meet when due the payments of principal and interest on the
Bonds; and the Bonds are general obligations of the County to which the full faith, credit and unlimited taxing
powers of the County have been and are hereby pledged; and the Board of Commissioners shall additional
levy general ad valorem taxes on all taxable property in the County, if necessary, to pay the principal of and
interest on the Bonds when due.
12. The County Administrator is authorized and directed to prepare and furnish to the purchaser
and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the
issuance of the Bonds, 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.
13. The officers of the County are hereby authorized and directed to prepare and furnish to the
Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of
the Internal Revenue Code of 1986, as amended (the “Code”), by the 15th day of the second calendar month
after the close of the calendar quarter in which the Bonds are issued.
14. The County shall not take or permit any action that would cause the Bonds to be “private
activity bonds” within the meaning of Section 141 of the Code. In addition, the County shall make no
investment of funds that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148
of the Code and regulations thereunder. The County Administrator is authorized to make any elections
available to the County under Section 148 of the Code and regulations thereunder. All terms used in this
paragraph 14 shall have the meanings provided in the Code and regulations thereunder.
15. The County Administrator shall register the Bonds in the office of the County Auditor as
required by law.
16. The Preliminary Official Statement relating to the Bonds, on file with the County Administrator
and presented to this meeting, is hereby approved, and the County ratifies and confirms its designation of
the Preliminary Official Statement as a “near final” Official Statement for purposes of Rule 15c2-12 of the
Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds,
insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included
in the Official Statement is hereby approved and shall be executed and delivered in connection with the
delivery of the Bonds to the Purchaser.
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Rogness and upon vote being taken thereon the following voted in favor thereof; Doug Huebsch, Chair; Lee
Rogness, Vice-Chair; Wayne Johnson, John Lindquist and Betty Murphy, and the following voted against
the same: None
whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA )
) SS.
COUNTY OF OTTER TAIL)
I, the undersigned, being the duly qualified and acting County Administrator of Otter Tail County,
Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a
meeting of the Board of Commissioners of said County held April 9, 2019, with the original thereof on file
and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same
relates to the issuance and sale of $12,890,000 General Obligation Capital Improvement Bonds, Series
2019A of said County.
OTC Board of Commissioners’ Minutes
April 9, 2019
Page 13
WITNESS My hand officially and seal this 9th day of April 2019.
County Administrator
Otter Tail County, Minnesota
Sanford Health Services
Motion by Johnson, second by Lindquist and unanimously carried to approve payment to Sanford Health
Services in the amount of $4,974.05 for services provided under the provisions of Minn. Stat. 609.35 as it
relates to CFS Nos. 180123163 and 18041955.
Highway Projects
Motion by Lindquist, second by Rogness and unanimously carried for approval of the Final Payment to
Quality Construction for C.P. 15:122 Sidewalk in the amount of $2,564.25.
Motion by Johnson, second by Rogness and unanimously carried for the approval of the Final Payment to
Mark Sand & Gravel Co. for S.A.P. 056-609-005 & Etc., in the amount of $353,129.38.
CSAH 34 Reconstruction Update
County Engineer Chuck Grotte provided an updated on the reconstruction of CSAH 34 including that the
EAW was completed in December 2018. Final plans are expected to be provided to MN DOT for approval
later in April. The Right of Way Plat will be presented to the County Board on April 23, 2019, for approval.
Mr. Grotte also identified the status of permits pending with other federal and state agencies. He also
provided a timeline for construction of the highway as well as paving on the Perham to Pelican Rapids trail.
Friends of the Prairie Wetlands Learning Center
Tere Mann presented a letter to the Minnesota field office of the U.S. Fish and Wildlife Service expressing
concerns regarding the Prairie Wetlands Learning Center (PWLC) in Fergus Falls. PWLC is a residential
learning center and collaborates with the Fergus Falls School District as an educational setting for students,
particularly 4th and 5th graders that can attend school in the facility. Concerns include that positions remain
unfilled causing a staffing shortage which has affected offering programs to the public and surrounding
community. Motion by Rogness, second by Johnson and unanimously carried to support the letter as
submitted by Ms. Mann.
Northeast Road Tour
Motion by Johnson, second by Murphy and unanimously carried for the County Engineer to coordinate a
road tour in the northeast area of the County on April 22, 2019, at 8:00 a.m.
Recess & Reconvene
At 11:00 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners
recessed for committee meetings. The Board of Commissioner’s meeting was reconvened at 1:30 p.m.
Information Workshop to Review 1 Watershed, 1 Plan
Land & Resource Director Chris LeClair gave an overview and the goals of 1 Watershed, 1 Plan (1W1P).
Also present included staff from East Otter Tail Soil & Water Conservation Districts and West Otter Tail Soil
& Water Conservation Districts. Discussion included the policy members involvement in plan development
and implementation. The plan becomes a comprehensive water management 10-year plan which sets
priorities, but it is a living document with reviews set at least every five years. Staff gave an overview of
watershed planning areas as well as status updates on plan development for watersheds such as the
BRRWD, Bois de Sioux/Mustinka, and Pomme de Terre.
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April 9, 2019
Page 14
Adjournment
At 2:35 p.m., Chair Huebsch declared the Otter Tail County Board of Commissioners meeting adjourned.
The next Board meeting is scheduled at 9:00 a.m. on Tuesday, April 23, 2019, at the Government Services
Center in Fergus Falls, MN.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Douglas A, Huebsch, Board Chair John W. Dinsmore, Clerk
OTC Board of Commissioners’ Minutes
April 9, 2019
Exhibit A, Page 1
WARRANTS APPROVED ON 4/09/2019
OTC Board of Commissioners’ Minutes
April 9, 2019
Exhibit A, Page 2
OTC Board of Commissioners’ Minutes
April 2, 2019
Exhibit A, Page 3
OTC Board of Commissioners’ Minutes
April 9, 2019
Exhibit A, Page 4