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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/22/2019 Page 1 of 17 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN October 22, 2019 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:32 a.m. Tuesday, October 22, 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 October 22, 2019 with the following changes: Parks & Trails Ordinance removed from Public Works Committee Addition of issuance of credit card Confirmation of HRA Board members Revision to upcoming-Long Range Strategic Planning location change for November 18th & 20th Consent Agenda Motion by Murphy, second by Johnson and unanimously carried to approve Consent Agenda items as follows: 1. October 15, 2019 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for October 22, 2019 (Exhibit A) 3. Human Services Warrants/Bills for October 22, 2019 (Exhibit A) 4. Approval of Tobacco License for Lakes Area Cooperative dba Perham Oasis, Dent Oasis, Ottertail Oasis and Battle Lake Cenex 5. Approval of LG220 Application for Exempt Permit as submitted by the Pelican Rapids Jaycees for an event scheduled for February 15, 2020 Out of State Travel Motion by Rogness, second by Johnson and unanimously carried to authorize out of state travel for Otter Tail County Collections Officer, Crystal Herman, November 11th – 13th, 2019 to attend a Minnesota Fraud Investigator’s Association (MFIA) meeting in Washington, DC. The travel and lodging expenses will be fully funded by the MFIA. Administrator Position County Administrator John Dinsmore provided a handout to the Board summarizing their succession planning retreat held October 15, 2019. The county’s vision, mission and values, current development of a 20-year Long Range Strategic Plan and the county’s priorities to grow collaborative relations while influencing and supporting economic development were discussed extensively. He presented the following three (3) options to consider in determining how to implement this succession plan: (1) Internal promotion of previous County Administrator finalists; (2) Internal recruitment and selection; or (3) Internal/External recruitment and selection. Motion by Rogness, second by Johnson and unanimously carried to approve option 1 (noted above), develop a County Administrator and Deputy Administrator structure and proceed with internal promotion of previous County Administrator finalists. The upcoming retirement of the current County Administrator will enable the county to re-evaluate the current Administrator’s essential functions and delegating the primary duties and responsibilities to the County Administrator and Deputy Administrator positions. This decision of the Commissioners reflects the discussion from the 2017 appointment process. Board of Commissioners Meeting Minutes October 22, 2019 Page 2 of 17 Recess & Reconvene At 8:49 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:04 a.m. Twin Spruce Farm North Feedlot At 9:04 a.m., Chairman Huebsch convened a public meeting held for Twin Spruce Farm North Feedlot on behalf of the MN Pollution Control Agency (MPCA) under M.S. 116.07, Subd. 7(I). Kris and Arnie Gruenes are proposing to re-establish an existing feedlot on county highway 51 in Perham, MN. The MPCA is responsible for issuing a permit for the feedlot. The County provides a local forum for the public to express their opinions regarding the project. Mr. and Ms. Gruenes stated that the neighbors within 5,000’ of the project had been notified by mail and was also posted in two separate newspapers. Commissioner Huebsch opened the meeting to public comment summarized as follows: Property Owner Ed Kyle: • Mr. Kyle lives about one (1) mile from the feedlot. He believes this will be a great benefit to his soil and farm and would like to see the facility re-established. Commissioner Huebsch commented animal agriculture is very important to local economy and value added is important to our cities. These minutes will be forwarded to the MN Pollution Control Agency in Detroit Lakes. After review, the MPCA will put this request on public notice for 30 days and the MPCA must respond to those comments. U.S. Fish and Wildlife Service (USFWS) Wetland & Habitat Easements USFWS District Manager Neil Powers and Realty Specialist Blake Knisley appeared before the Board and requested certification of 2 wetland easements and 5 habitat easements. Documentation was previously submitted regarding the request. Motion by Lindquist, second by Murphy and unanimously carried to approve certification for the USFWS to secure the following wetland and habitat easements: Olson, David & Julie – Wetland Easement T. 131 N., R. 39 W., 5th P. M.: Section 6 as described in Exhibit B T. 131 N., R. 40 W., 5th P.M.: Section 1 as described in Exhibit B Vukonich, Mark et. Al. – Wetland Easement T. 132 N., R. 41 W., Sec 18, 5th P.M.: Section 18 as described in Exhibit C Nordwall, Randy & Linda – Habitat Easement T. 132 N., R. 42 W., 5th P.M.: Section 28, part of the SW ¼ SE ¼, to be determined by a survey. Newman, Evan & Michelle – Habitat Easement – Hay T. 132 N., R. 43 W., 5th P.M.: Part of the E ½ NE ¼ of section 28, to be determined by a survey. Board of Commissioners Meeting Minutes October 22, 2019 Page 3 of 17 Tysdal, Jesse & Molly – Habitat Easement – Hay & Graze T. 133 N., R. 42 W., 5th P.M.: Section 14, part of Government Lots 4 & 5, to be determined by a survey Section 16, part of the SE ¼ SW ¼ and the N ½ SW ¼, to be determined by a survey Section 23, part of the W ½ NW ¼, to be determined by a survey Tsydal, Keith – Habitat Easement – Hay & Graze T. 133 N., R. 42 W., 5th P.M.: Section 8, part of the SE ¼, to be determined by a survey Section 9, SW ¼ NW ¼ and part of the N ½ SW ¼, to be determined by a survey Section 14, Government Lot 1 Section 15, part of Government Lot 1, to be determined by a survey Section 17, NE ¼ NE ¼ Tuel, Dennis & Kristin – Habitat Easement - Hay T. 132 N., R. 42 W., 5th P.M.: Section 31, part of Government Lot 2, part of the SE ¼, all to be determined by a survey Section 32, part of Government Lot 2, part of the W ½ SW ¼, all to be determined by a survey Recess & Reconvene At 9:21 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:47 a.m. New York Mills Employee Safety Training Motion by Rogness, second by Murphy and unanimously carried to authorize the Safety and Emergency Services Director to close the New York Mills building to the public on November 13, 2019 to allow staff to engage in an emergency procedures training. The building will close at 2:30 p.m. and will resume normal business hours on November 14, 2019. Recess & Reconvene At 9:52 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:57 a.m. Continued Public Hearing for Ditch 52 Chair Huebsch opened the continued Public Hearing for the Redetermination of Benefits for Ditch 52. Ditch Inspector Kevin Fellbaum provided an overview of discussion from previous public hearings and responses to concerned landowners that had requested additional reviews. He presented a second amendment to the ditch viewers report showing a benefit of $747,672.02 down from the initial benefit of $1,219,627.71 in March 2019. Mr. Fellbaum shared additional correspondence that was received regarding ditch 52 and at 10:13 a.m., Chair Huebsch opened the public hearing for comments from the public. A property owner requested to be removed from the Redetermination of Benefits due to no sign of water flow through the culvert on their property. The ditch viewers investigated with GIS and determined there is an 8- foot natural fall from the property to Jolly Ann Lake. The three (3) ditch viewers are in agreement with the decision to keep this property in the Redetermination Benefitted Area. Property owners expressed concerns that Eagle, Torgerson, and Middle Lakes are not being assessed as part of the Redetermination. Ditch Inspector Kevin Fellbaum reviewed the decision not to include Eagle, Middle and Torgerson Lakes in the Redetermination Area and provided detail of that decision. Board of Commissioners Meeting Minutes October 22, 2019 Page 4 of 17 County Attorney Michelle Eldien stated if Commissioners choose to disagree with the ditch viewers, it is required to provide specific findings as to why they find the outcome inappropriate and a basis as to why ditch viewers did not follow statute, specifically Minn. Stats. 103E.311 and 103E.315. At 10:34 a.m. the public hearing is closed. Commissioner Johnson commented that they do not have reasons to disagree with the ditch viewers findings and have not determined that ditch viewers are not following statutes. He confirmed the water above (Eagle, Torgerson, and Middle Lakes) was draining into Jolly Ann Lake before Ditch 52 was created to help maintain the water level on Jolly Ann. A motion was offered by Johnson and seconded by Rogness to accept the amended viewers report as presented. Motion by Lindquist, second by Murphy and unanimously carried to table the motion made by Commissioners Johnson and Rogness to allow further research and confirm statutes are being followed before making a final decision. Ditch 42 Motion by Johnson, second by Rogness and unanimously carried to authorize cost effective minor repairs on ditch 42 to allow the water to flow properly. The motion included the water levels downstream not be affected and requested ditch 42 be added to the list of re-determination to build a maintenance fund and repair the system to a functional state. Closed to the Public At 10:47 a.m., Chair Huebsch declared the Board of Commissioners meeting closed to the public to discuss Attorney-Client Privileged matters involving potential litigation regarding CSAH 35. The closed session is authorized under M.S.13D.05, Subd.3(b). Present were all five seated Commissioners, Attorney Michelle Eldien, Administrator John Dinsmore, Internal Services and Internal Services/HR Director Nicole Hansen, County Engineer Charles Grotte, Public Works Director Rick West, Assistant County Engineer Matthew Yavarow, Board Secretary Tara Bakken and Kendra Olson with Pemberton Law Firm. The closed session was concluded at 11:04 a.m. Pemberton Law Firm Motion by Johnson, second by Lindquist and unanimously carried to contract with Pemberton Law Firm for potential litigation regarding CSAH 35 as recommended by the County Attorney . Conditional Use Permit (CUP) Motion by Rogness, second by Murphy and unanimously carried to approve a conditional use permit application, with conditions as recommended by the Planning Commission, proposing to cut 1840 cubic yards of soil off of 2 Parcels and place on 35 Acre Parcel. Parcel No. 22000130099010 – Cut A - Will be approx. 80’ x 100’ x 2.5’ = 740 cubic yards. FILL in RROW – Will be Approx. 250 cubic yards (100’ x 25’ x 2.5’) which is approved by Elizabeth Twp; Parcel No. 22000130099013 – Cut B – Will be Approx. 60’ x 100’ x 5’ = 1111 cubic yards; Parcel No. 22000130099000 – Spoils from the cuts will be used to fill in 2 hollow areas. Fill Area #1 – 130’ x 65’ x 3’ = 938 cubic yards; Fill Area #2 – 160’ x 35’ x 3’ = 622 cubic yards; Extend Approach Area 25’ x 12’ x 3.5’ = 39 cubic yards. Old Road-Bed – Place approx. 5” of black dirt on old rod bed on Parcel No.’s 22000130099013 & 22000130099010 – 200’ x 30’ x 5” = 111 Cubic Yards. The proposal is located in Section 13 of Elizabeth Township; Jewett (56-877), GD. Board of Commissioners Meeting Minutes October 22, 2019 Page 5 of 17 Request for Filing Extension of Final Plats Motion by Lindquist, second by Rogness and unanimously carried to approve extending the filing of a final plat titled “Tamarac Lake View Second Addition” to November 30, 2020 as requested by Anderson Land Surveying, Inc. Motion by Johnson, second by Lindquist and unanimously carried to approve extending the filing of a final plat titled “Arvig Acres” to November 27, 2020 as requested by Compass Consultants. Natural Resources Block Grant Agreement Motion by Rogness, second by Murphy and unanimously carried to authorized appropriate County Officials’ signatures to execute the Natural Resources Block Grant agreement between the County of Otter Tail and the State of Minnesota, acting through its Board of Water and Soil Resources. The grant is designated for low income homeowners for use of septic system upgrades and a draft policy will be presented to the Public Works Committee. RESOLUTION AWARDING SALE OF $6,365,000 TAXABLE GENERAL OBLIGATION WASTE DISPOSAL REVENUE REFUNDING BONDS, SERIES 2019B, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT Otter Tail County Resolution No. 2019 – 76 The Chair announced that the meeting was open for the purpose of considering proposals for the purchase of $6,365,000 Taxable General Obligation Waste Disposal Revenue Refunding Bonds, Series 2019B. Proposals were submitted as shown in Exhibit D attached hereto. A. WHEREAS, the Board of Commissioners hereby determines and declares that it is necessary and expedient to issue on behalf of Prairie Lakes Municipal Solid Waste Authority Joint Powers Board (the "Board") $6,365,000 aggregate principal amount of Taxable General Obligation Waste Disposal Revenue Refunding Bonds, Series 2019B (the "Bonds"), pursuant to Minnesota Statutes, Chapter 475 and Sections 400.101 and 471.59, to refund the County’s outstanding General Obligation Waste Disposal Revenue Bonds, Series 2011 maturing on or after May 1, 2022 (the “Refunded Bonds”) which were issued to finance the cost of acquiring and improving the solid waste disposal facilities known as the Perham Resource Recovery Facility (the "Facilities"); and B. WHEREAS, the County, together with Becker, Clay, Todd and Wadena Counties (the "Other Members" and, with the County, the "Member Counties") organized the Board as a joint powers entity under Minnesota Statutes, Section 471.59 for the purpose of acquiring and operating the Facilities; and C. WHEREAS, the Member Counties have entered into a Joint Powers Financing Agreement, as amended (the "County Agreement") under which the County has agreed to issue general obligation bonds on behalf of the Board and, to the extent necessary to pay their respective pro rata shares of the principal and interest on the Bonds when due, the Member Counties have pledged their full faith and credit and taxing powers; and D. WHEREAS, the Board and the County will enter into a Solid Waste Financing Agreement (the "Board Agreement") under which the Board agrees to pay to the County the net revenues of the Facilities to the extent necessary to pay principal of and interest on the Bonds when due. E. WHEREAS, the County has retained Ehlers & Associates, Inc., in Roseville, Minnesota, as its independent financial advisor for the sale of the Bonds and is therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statues, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and F. WHEREAS, the proposals set forth on Exhibit A attached hereto were received at the offices of Ehlers at 12:00 P.M. on October 21, 2019 pursuant to the Terms of Proposal established for each series of the Bonds; and Board of Commissioners Meeting Minutes October 22, 2019 Page 6 of 17 G. WHEREAS, it is in the best interests of the County that the Bonds be issued in book-entry form as hereinafter provided. H. WHEREAS, a form of Escrow Agreement establishing an escrow for the payment of the principal of the Refunded Bonds and a portion of interest on the Bonds with the proceeds of the Bonds has been presented to this Board. 4835-6719-3000.2 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as follows: 1. Award of Sale. The proposal of Piper Jaffray to purchase the $6,365,000 Taxable General Obligation Waste Disposal Revenue Refunding Bonds, Series 2019B 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 $6,337,997.96 plus accrued interest. 2. Bond Terms. The Bonds shall be in the aggregate principal amount of $6,365,000, be dated November 14, 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 May 1, 2020, and semiannually thereafter on May 1 and November 1 in each year, and mature serially on May 1 in the years and amounts as follows: Year Amount Interest Rate Year Amount Interest Rate 2022 $650,000 1.85% 2027 $720,000 2.25% 2023 670,000 1.90 2028 735,000 2.35 2024 680,000 1.95 2029 805,000 2.40 2025 695,000 2.05 2030 705,000 2.45 2026 705,000 2.15 All Bonds maturing on or after May 1, 2027, 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 County on May 1, 2026, 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. Registrar and Paying Agent. The Bonds shall be payable as to principal upon presentation at the main office of Bond Trust Services Corporation, 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. Bond Form. The Bonds, the Registrar's Certificate of Authentication and Registration and the form of assignment shall be in substantially the following form: Board of Commissioners Meeting Minutes October 22, 2019 Page 7 of 17 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF OTTER TAIL No. R ____ TAXABLE GENERAL OBLIGATION WASTE DISPOSAL REVENUE REFUNDING BOND, SERIES 2019 Interest Rate Maturity Date Date of Original Issue CUSIP Registered Owner: Cede & Co. 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 November 14, 2019, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on May 1 and November 1 of each year, commencing May 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 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 May 1, 2027, 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 maturity, on May 1, 2026, 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 $6,365,000, 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 Sections 400.101 and 471.59, Minnesota Statutes, for the purpose of refunding certain obligations issued to finance the acquisition and improvement of the solid waste disposal facilities (the "Facilities") owned and operated by Prairie Lakes Municipal Solid Waste Authority Joint Powers Board (the "Board"), a joint powers entity whose members are Becker, Clay, Otter Tail, Todd and Wadena Counties (the "Member Counties"). The Bonds of this issue (and any additional obligations payable therefrom) are payable primarily from the net revenues of the Facilities and certain obligations of the Member Counties as described in the Resolution referred to below, but 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 ad valorem taxes on all taxable property in the County, if required for such purpose, without limitation as to rate or amount. Board of Commissioners Meeting Minutes October 22, 2019 Page 8 of 17 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 October 22, 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, Chapter 475 and Sections 400.101 and 471.59, 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 BOARD OF COMMISSIONERS Date:__________________________ By: _______________________________________ Attest: _________________________ Doug Huebsch, Board of Commissioners Chair John Dinsmore, Clerk BOND 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 on the registration books of Otter Tail County, Minnesota. BOND TRUST SERVICES CORPORATION, as Bond Registrar By _______________________________ Authorized Signature Board of Commissioners Meeting Minutes October 22, 2019 Page 9 of 17 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 Notice: The signature to this assignment must correspond Number of Assignee 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. Execution and Delivery. 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 issuance, 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. Registration and Transfer. 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 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 May 1 or November 1 interest payment date. Board of Commissioners Meeting Minutes October 22, 2019 Page 10 of 17 7. Payment. 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. Ownership of Bonds. 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. Book-Entry. (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, which shall be executed in substantially the form on file. (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 Board of Commissioners Meeting Minutes October 22, 2019 Page 11 of 17 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 incorporate 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. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Disposal System Revenue Bonds, Series 2019 Fund" (the "Fund") to be administered and maintained by the County Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the County. The Fund shall be maintained in the manner herein specified until the Bonds have been fully paid and the County has been fully reimbursed from funds pledged under the Board Agreement and the County Agreement (the "Pledged Receipts") for payment of the principal and interest on the Bonds paid by the County from taxes levied on property in the County. There shall be maintained in the Fund a Debt Service Account there hereby pledged and irrevocably appropriated and to which there shall be credited: (i) amounts available under the Escrow Agreement described below for the payment of interest on the Bonds to and including May 1, 2021, (ii) Net Revenues of the Facilities pursuant to the Board Agreement in an amount sufficient, together with other sums herein pledged, to pay the annual principal and interest payments on the Bonds; (iii) payments from Member Counties under the County Agreement; (iv) any accrued interest received upon delivery of the Bonds; and (v) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest hereon. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the County hereafter issued by the County and made payable from said account as provided by law. Board of Commissioners Meeting Minutes October 22, 2019 Page 12 of 17 11. Coverage. The Net Revenues are estimated to be such that if collected in full they will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. Consequently, no taxes are levied at the present time. The pledge of Net Revenues shall not limit the ability of the Board or County to pledge such Net Revenues to additional obligations of the County or Board. 12. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the County shall be and are hereby irrevocably pledged and the County shall levy a tax on all taxable property in the County if necessary to pay the principal of and interest on the Bonds when due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the County which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 13. Continuing Disclosure. The County is an obligated person with respect to the Bonds. The County hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, to perform its obligations under the Continuing Disclosure Certificate (the "Certificate") attached to the official statement. The Chair and County Administrator of the County, or any other officer of the County authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the County the Certificate in substantially the form presented to the Board of Commissioners subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 14. Authorization of Solid Waste Financing Agreement, Escrow Agreement and Incidental Documents. The form of the proposed Solid Waste Financing Agreement between the County and the Board and the form of Escrow Agreement between the County and UMB Bank, N.A. are hereby approved and the Board Chair and Administrator of the County are authorized to execute the same and such other documents as Bond Counsel considers appropriate for in connection with the issuance of the Bonds and redemption of the Refunded Bonds, in the name of and on behalf of the County. The approval hereby given to the various documents referred to herein includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the County Administrator, the County's legal counsel and the County officials authorized herein to execute said documents prior to their execution; and said County officials are hereby authorized to approve said changes on behalf of the County. The execution of any instrument by the appropriate officer or officers of the County herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 15. Payment of Issuance Expenses. The County authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Bond Trust Services Incorporated, Roseville, Minnesota, on the closing date for further distribution as directed by Ehlers. 16. Certificates. The County Administrator and County Auditor are 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. Board of Commissioners Meeting Minutes October 22, 2019 Page 13 of 17 18. Redemption of Refunded Bonds. The Refunded Bonds are hereby called for prior redemption on May 1, 2021. The County Auditor shall give notice of such redemption as provided by law and the terms of the Refunded Bonds. 19. Registration. The County Auditor shall register the Bonds in his office as required by law. The motion for the adoption of the foregoing resolution was make by Commissioner Johnson and duly seconded by Commissioner Lindquist and upon vote being taken thereon the following voted in favor thereof: Johnson, Murphy, Lindquist, Rogness, Huebsch and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Date:__________________________ By: _______________________________________ Attest: _________________________ Doug Huebsch, Board of Commissioners Chair John Dinsmore, Clerk RESOLUTION RELATING TO THE GENERAL OBLIGATION CAPITAL IMPROVEMENT REFUNDING BONDS, SERIES 2016A OF THE COUNTY AND AUTHORIZING EXECUTION OF ESCROW AGREEMENT Resolution No. 2019 - 75 BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as follows: 1. Prior Bonds. In 2007 the Otter Tail County Housing and Redevelopment Authority issued its Public Project Revenue Bonds (Chemical Dependency Building), Series 2007E (the “Series 2007E Bonds”) to finance a chemical dependency facility (the “Project”) to be leased to the State of Minnesota. The Series 2007E Bonds, together with certain other outstanding County bonds, were refunded by the County’s General Obligation Capital Improvement Refunding Bonds, Series 2016A (the “Series 2016A Bonds”). The State has discontinued its lease of the Project and the County intends to lease the Project to a for profit entity beginning in 2020. The County reasonably expected on the date of issuance of the Series 2016A Bonds that the Series 2016A Bonds would not become taxable private activity bonds within the meaning of Section 141 of the Internal Revenue Code of 1986 (the “Code”). However, if the County enters into the proposed lease, such action may be treated as “deliberate action” which causes the Project to have a private business use and result in taxation of interest on the Series 2016A Bonds unless the County takes “remedial action” under Treas. Reg. Section 1.141-12 (the “Remedial Action Rule”). 2. Remedial Action. The County proposes to satisfy the requirements of the Remedial Action Rule by establishing a “defeasance escrow” whereby the County deposits in an irrevocable escrow account an amount sufficient to pay the principal and interest on that portion of the outstanding Series 2016A Bonds which is allocable to the Series 2007E Bonds. The appropriate allocation and operation of the escrow account are described in the report of Ehlers and Associates Inc. submitted to this Board. 3. Escrow Agreement. There has been presented to this Board a form of Escrow Agreement with UMB Bank whereby funds are irrevocably set aside and invested for the purpose of paying principal and interest on the allocable portion of the Series 2016A Bonds when due. The Chair and County Administrator are authorized to execute the Escrow Agreement in substantially the form on file. An amount sufficient to fund the Escrow Fund is hereby appropriated from grant funds provided by the State of Minnesota and funds available in the County’s Human Services Fund. Board of Commissioners Meeting Minutes October 22, 2019 Page 14 of 17 The motion for the adoption of the foregoing resolution was made by Commissioner Rogness and duly seconded by Commissioner Johnson and upon vote being taken thereon the following voted in favor thereof: Johnson, Lindquist, Murphy, Rogness, Huebsch and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Date:__________________________ By: _______________________________________ Attest: _________________________ Doug Huebsch, Board of Commissioners Chair John Dinsmore, Clerk Payment Agreement Motion by Johnson, second by Lindquist and unanimously carried to authorize appropriate County Officials signatures to execute the agreement relating to Paying Agency, Registrar, and Transfer Agency with Bond Trust Services for the $6,365,000 Taxable General Obligation Waste Disposal Revenue Refunding Bonds, Series 2019B. The agreement will be effective November 14, 2019. Issuance of County Credit Card Motion by Johnson, second by Murphy and unanimously carried to approve the issuance of a county credit card to Highway Group Lead Terry Bennett. Otter Tail County HRA Appointed Board Members Motion by Johnson, second by Murphy and unanimously carried to confirm the following as Otter Tail County’s current appointed members to the Otter Tail County Housing and Redevelopment Board: John Lindquist, Carl Linderkamp, Wayne Johnson, Robert Maki, Scott Rocholl and Leland Rogness. Revision to Otter Tail County Federal Award Procurement Policy Motion by Johnson, second by Rogness and unanimously carried to approve the Otter Tail County Federal Award Procurement Policy as revised adding verbiage to describe certain activities and increase the simplified acquisition threshold to $150,000.00 due to a change in state statute. Adoption of the Otter Tail County 2040 Transportation Plan Update (2019) Otter Tail County Resolution No. 2019-77 Upon motion by Rogness, seconded by Johnson and unanimously carried, the following resolution was adopted: WHEREAS, the Otter Tail County Board of Commissioners is the duly elected governing body for Otter Tail County and is responsible for the planning, development, and preservation of a safe and functional transportation system; and WHEREAS, Otter Tail County has undertaken the task of updating their long-range comprehensive County Transportation Plan to ensure the continued performance of the County’s transportation network; and WHEREAS. the transportation planning process was guided by an Advisory Committee, composed of a cross-section of multi-jurisdictional technical experts and citizens; and WHEREAS, the public was invited, encouraged and involved in the Plan’s preparation; and WHEREAS, the Otter Tail County 2040 Transportation Plan Update (2019) includes the following key elements: existing conditions, future multi-model analysis, system preservation strategies and a financial an performance analysis with an implementation plan; and Board of Commissioners Meeting Minutes October 22, 2019 Page 15 of 17 WHEREAS, this County Transportation Plan will assist County and local officials to cooperatively preserve and improve the County’s transportation system. NOW, THEREFORE, BE IT RESOLVED, THAT the Otter Tail County Board of Commissioners does hereby adopt the Otter Tail County 2040 Transportation Plan Update (2019), and agrees to use it as a guide for future transportation system decisions. Adopted at Fergus Falls, Minnesota, this 22nd day of October 2019. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Date:__________________________ By: _______________________________________ Attest: _________________________ Doug Huebsch, Board of Commissioners Chair John Dinsmore, Clerk Speed Zone Study Request Segments of CSAH 1 and CSAH 88 (both on Fir Avenue) within the City of Fergus Falls, MN Otter Tail County Resolution No. 2019 - 78 Motion by Johnson, seconded by Rogness and unanimously carried to adopt the following resolution: WHEREAS, Otter Tail County and the City of Fergus Falls have recently exchanged various routes within the City of Fergus Falls, including CSAH 1 and CSAH 88 (both on Fir Avenue), and WHEREAS, Otter Tail County believes that a speed zone study on segments of CSAH 1 and CSAH 88 (both on Fir Avenue) in Fergus Falls would be beneficial in this area, and WHEREAS, the County of Otter Tail is taking such action as may be necessary in order to pursue a speed zone study on the segment of County State Aid Highway 1 (Fir Avenue) from Broadway to Tower Road and County State Aid Highway 88 (Fir Avenue) from Tower Road to Deerfield Drive, and NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County does hereby request that this area be studied by the Minnesota Department of Transportation to determine the need for a revised speed zone or zones, if any. BE IT ALSO RESOLVED, that Minnesota Department of Transportation proceed with establishing a legal speed zone if the findings of the traffic study are supportive. Adopted at Fergus Falls, Minnesota, this 22nd day of October 2019. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Date:__________________________ By: _______________________________________ Attest: _________________________ Doug Huebsch, Board of Commissioners Chair John Dinsmore, Clerk Speed Zone Study Request Segment of CSAH 1 (Tower Road) within the City of Fergus Falls, MN Otter Tail County Resolution No. 79 Motion by Johnson, seconded by Rogness and unanimously carried to adopt the following resolution: WHEREAS, the Otter Tail County has previously requested a Speed Zone Study for segments of CSAH 1, CSAH 15 and Tower Road within the City of Fergus Falls, MN through Otter Tail County Resolution No. 2015-38, and Board of Commissioners Meeting Minutes October 22, 2019 Page 16 of 17 WHEREAS, Otter Tail County and the City of Fergus Falls have recently exchanged various routes within the City of Fergus Falls, including CSAH 1 (Tower Road), and WHEREAS, Otter Tail County believes that a speed zone study on a segment of CSAH 1 (Tower Road) in Fergus Falls would be beneficial in this area, and WHEREAS, the County of Otter Tail is taking such action as may be necessary in order to pursue a speed zone study on the segment of County State Aid Highway 1 (Tower Road) from I-94 to County State Aid Highway 88 (Fir Avenue), and NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County withdraws its Speed Zone Study Request Otter Tail County Resolution No. 2015-38. BE IT ALSO RESOLVED, that Otter Tail County does hereby request that this area of CSAH 1 be studied by the Minnesota Department of Transportation to determine the need for a revised speed zone or zones, if any. BE IT ALSO RESOLVED, that Minnesota Department of Transportation proceed with establishing a legal speed zone if the findings of the traffic study are supportive. Adopted at Fergus Falls, Minnesota, this 22nd day of October 2019. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Date:__________________________ By: _______________________________________ Attest: _________________________ Doug Huebsch, Board of Commissioners Chair John Dinsmore, Clerk Recess & Reconvene At 11:53 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 12:57 p.m. Perham to Pelican Trail Public Works Director Rick West announced a Public Works Committee meeting will be held October 31, 2019 at 8:30 a.m. at 505 South Court Street to continue their discussion regarding the Perham to Pelican Trail. Public Hearing for Revisions to the Subsurface Sewage Treatment Systems Ordinance Chair Huebsch opened the continued Public Hearing for the Sanitation Code for proposed revisions to the Subsurface Sewage Treatment Systems (SSTS) Ordinance. Documentation was received with comments regarding the proposed revisions and there were thirty-six members of the public that signed the attendance sheet. Land & Resource Director Chris LeClair reviewed seven areas that need to be addressed in the current Otter Tail County Subsurface Sewage Treatment Systems Ordinance. An audit by the MN Pollution Control Agency (MPCA) on January 25, 2019 alerted that the current ordinance is out of compliance with the MN Rules chapter 7082. He addressed comments from previous hearings which includes rock fragments, two compartment tanks, repair permits, vertical separation standard for existing systems and the compliance timeline for failing systems. At 1:15 p.m., Chair Huebsch opened the public hearing. County Administrator John Dinsmore facilitated the public hearing and comments are summarized as follows: Board of Commissioners Meeting Minutes October 22, 2019 Page 17 of 17 • Concerns of the complexity of the ordinance, where to find the information and how quickly to find it. It was suggested to keep the ordinance as simple as possible and adopt what the state has. • Concerns expressed by multiple attendees regarding the requirement of two compartment tanks and feel this decision should be between the homeowner and the designer. • Concerns of conflict of interest with a Board member. • Concerns of distrust. • Concerns of zoning. • One attendee was in support of the two-compartment tank requirement. • One attendee was in support of the updated ordinance. At 1:49 p.m., the public hearing is closed. Comments and discussion occurring at the public hearing will be further considered at a Public Works Committee meeting following the hearing. The Board will consider action on the Subsurface Sewage Treatment Systems Ordinance at 11:00 a.m. on November 5, 2019. Adjournment At 2:32 p.m., Chair Huebsch declared the Otter Tail County Board of Commissioners meeting adjourned. The next Board meeting is scheduled at 8:30 a.m. on Tuesday, November 5, 2019, at the Government Services Center in Fergus Falls, MN. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Date:__________________________ By: _______________________________________ Attest: _________________________ Doug Huebsch, Board of Commissioners Chair John Dinsmore, Clerk Board of Commissioners Meeting Minutes October 22, 2019 (Exhibit A) Page 1 of 3 Board of Commissioners Meeting Minutes October 22, 2019 (Exhibit A) Page 2 of 3 Board of Commissioners Meeting Minutes October 22, 2019 (Exhibit A) Page 3 of 3 Board of Commissioners Meeting Minutes October 22, 2019 (Exhibit B) Page 1 of 1 EXHIBIT “B" Olson, David Otter Tail County Waterfowl Production Area Otter Tail County, Minnesota The SE 1/4 and Lot 1, Section 1, Township 131, Range 40, Otter Tail County, Minnesota, except that part of Lot 1 described as follows: Commencing at the Southeast corner of said Government Lot l; thence on an assumed bearing of North on the Easterly line thereof for a distance of 1182. 79 feet to point of beginning of tract to be described; thence North 79 degrees 35 minutes 39 seconds West 189.68 feet; thence North 72 degrees 44 minutes 02 seconds West 290. 89 feet; thence North 17 degrees 15 minutes 58 seconds East 61 feet, more or less, to the shoreline of Belmont Lake; thence Easterly and Northeasterly on said shoreline to the Easterly line of said Section l; thence on an assumed bearing of South on the Easterly line thereof for a distance of 511 feet. more or less, to the point of beginning; AND Government Lot Seven (7), and that part of Government Lots Three (3) and Four (4) in Section 6, Township 131, Range 39, described as follows: Beginning at the Southwest corner of said Government Lot Four (4); thence North along the township line 1182.79 feet; thence South 88 degrees 59 minutes 50 seconds East 267.40 feet; thence North 83 degrees 14 minutes 40 seconds East 758.70 feet; thence North 58 degrees 57 minutes East 391.40 feet; thence North 63 degrees 57 minutes East 494.70 feet; thence North 60 degrees 57 minutes East 687.85 feet to the quarter- section line; thence South 00 degrees 08 minutes 30 seconds East 2047.50 feet to the southeast corner of said Government Lot 7; thence North 89 degrees 21 minutes 37 seconds West 2407.34 feet to the point of beginning, containing 81.48 acres. EXCEPT All that part of the Government Lot 7, Section 6, Township 131, Range 39, Otter Tail County, Minnesota described as follows: Beginning at the southeast corner of said Government Lot 7; thence on an assumed bearing of North along the east line of said Government Lot 7, a distance of748.08 feet; thence South 89 degrees 36 minutes 48 seconds West a distance of217.08 feet; thence North 5 degrees 26 minutes 14 seconds West a distance of280.0l feet; thence North 46 degrees 40 minutes 05 seconds West a distance of 78.55 feet; thence North 84 degrees 03 minutes 37 seconds West a distance of 536.65 feet; thence South 5 degrees 43 minutes 01 seconds West a distance of 317.39 feet; thence South 16 degrees 58 minutes 32 seconds East a distance of 578.14 feet; thence South 3 degrees 46 minutes 59 seconds East a distance of255.70 feet to the south line of Government Lot 7; thence South 89 degrees 04 minutes 56 seconds East along said south line, a distance of 680.56 feet to the point of beginning, containing 17.68 acres more or less. Board of Commissioners Meeting Minutes October 22, 2019 (Exhibit C) Page 1 of 1 EXHIBIT “C” Vukonich, Mark et. Al. Otter Tail County Waterfowl Production Area Otter Tail County, Minnesota T.132 N., R41 W., Sec 18, Fifth Principle Meridian: That part of Government Lot 1 and that part of the NE ¼ of the NW ¼ of Section 18, Township 132 North, Range 41 West, Otter Tail County, Minnesota described as follows: Commencing at the Southwest Corner of said Government Lot 1; thence North 00 degrees 04 minutes 02 seconds East (Assumed Bearing) along the West Line of said Government Lot 2 a distance of 640.21 feet to the point of beginning; thence South 88 degrees 23 minutes 55 seconds East a distance of 776.82 feet; thence South 04 degrees 24 minutes 28 seconds East a distance of 635.80 feet to the South Line of said Government Lot 1; thence South 88 degrees 55 minutes 52 seconds East along the South Line of said Government Lot 1 and to the South Line of said NE ¼ of the NW ¼ a distance of 1231.19 feet to a point distant 506.42 feet from the Southeast Corner of said NE ¼ of the NW ¼ as measured along the South Line of said NE ¼ of the NW 1/4; thence North 01 degrees 30 minutes 26 seconds West a distance of 391.99 feet; thence North 88 degrees 21 minutes 24 seconds West a distance of 331.50 feet; thence No9rth 03 degrees 34 minutes 36 seconds West a distance of 58.69 feet; thence North 84 degrees 55 minutes 06 seconds West a distance of 369.16 feet; thence North 61 degree 05 minutes 06 seconds West a distance of 105.88 feet; thence North 05 degrees 35 minutes 30 seconds West a distance of 796.61 feet to the North Line of said Government Lot 1; thence North 88 degrees 51 minutes 36 seconds West along said North Line a distance of 40.74 feet to a point distant 1131.71 feet from the Northwest Corner of said Government Lot 1 as measured along the Norther Line of said Government Lot 1; thence South 05 degrees 53 minutes 21 seconds East a distance of 216.42 feet; thence South 86 degrees 50 minutes 00 seconds West a distance of 603.15 feet; thence North 86 degrees 47 minutes 34 seconds West a distance of 552.62 feet to the West Line of said Government Lot 1; thence South 00 degrees 04 minutes 02 seconds West along said West Line a distance of 441.19 feet to the point of beginning. Subject to County Road Right of Way along the West and North Lines thereof. Board of Commissioners Meeting Minutes October 22, 2019 (Exhibit D) Page 1 of 1 BID TABULATION $6,435,000* Taxable General Obligation Disposal System Revenue Refunding Bonds, Series 2019B Otter Tail County, Minnesota SALE: October 21, 2019 AWARD: PIPER JAFFRAY Rating: S&P Global Ratings "AA" Taxable - Non-Bank Qualified Milwaukee, Wisconsin Pittsburgh, Pennsylvania *Subsequent to bid opening the issue size was decreased to $6,365,000. Adjusted Price - $6,337,997.96 Adjusted Net Interest Cost - $966,427.30 Adjusted TIC - 2.3075% NAME OF BIDDER MATURITY (May 1) RATE REOFFERING YIELD PRICE NET INTEREST COST TRUE INTEREST RATE PIPER JAFFRAY Minneapolis, Minnesota 2022 1.850% 1.850% $6,407,701.00 $1,004,200.33 2.3191% 2023 1.900% 1.900% 2024 1.950% 1.950% 2025 2.050% 2.050% 2026 2.150% 2.150% 2027 2.250% 2.250% 2028 2.350% 2.350% 2029 2.400% 2.400% 2030 2.450% 2.450% BAIRD $6,397,826.45 $1,015,034.86 2.3467% NORTHLAND SECURITIES, INC. Minneapolis, Minnesota $6,359,026.40 $1,044,406.95 2.4226% STIFEL, NICOLAUS Birmingham, Alabama $6,523,906.20 $1,057,441.99 2.4253% FIFTH THIRD SECURITIES, INC. Cincinnati, Ohio $6,501,092.45 $1,104,883.49 2.5388% RAYMOND JAMES & ASSOCIATES, INC. Memphis, Tennessee $6,377,372.55 $1,118,091.74 2.5897% BNY MELLON CAPITAL MANAGEMENT $6,387,713.00 $1,214,324.70 2.8072%