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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/02/2017 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN May 2, 2017 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, May 2, 2017, at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Wayne Johnson, Vice-Chair; John Lindquist, Roger Froemming and Lee Rogness present. Approval of Agenda Chairman Huebsch called for approval of the Board Agenda. Motion by Rogness, second by Johnson and unanimously carried to approve the Board of Commissioners Agenda of May 2, 2017, with the following modifications: Transportation Funding Discussion FERC Study – Otter Tail Power General Discussion – HR Director, Nicole Hansen Consent Agenda Motion by Froemming, second by Lindquist and unanimously carried to approve Consent Agenda items as follows: 1. April 25, 2017 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for May 2, 2017 (Exhibit A) 3. Approval of Final Payment to PCI Roads for Hoot Lake/Wright Lake Channel Bridge Work 4. Issuance of On/Off-Sale 3.2 Malt Liquor License and On Sale Wine License to Ten Mile Lake Resort for 07/01/17 – 06/30/18 5. Issuance of On/Off-Sale 3.2 Malt Liquor License to Birchwood Golf Course LLC for 07/01/17 – 06/30/18 6. Approval of Solid Waste and Source Separated Recycling Hauler’s License for Bob’s Big Red Boxes Aquatic Invasive Species (AIS) Task Force Update Land & Resource Director Bill Kalar presented the history of the AIS Task Force including how it was formed, membership and funding. AIS Specialist Spencer McGrew and Office Manager Marsha Bowman briefed the Board on AIS Task Force past accomplishments and current programs. AIS Task Force Chairman Bernie Steeves spoke about the spread of various dangerous invasive species especially the starry stonewort which has not infected Otter Tail County lakes but is in lakes to the northeast and southeast. Discussion took place about a boat tagging system, dock and lift removal and transfer, and decontamination units. Motion by Johnson, second by Lindquist and unanimously carried to authorize purchase of two Landa ECOS 7000 Decontamination Units at a cost not to exceed $18,195.25 each and to authorize the appropriate County Officials’ signatures on the final Joint Powers Agreement between the Minnesota Department of Natural Resources (DNR) and the County of Otter Tail to gift the decontamination units to the State. Commissioners requested that the AIS Task Force develop a Countywide Ordinance for moving docks and lifts from one body of water to another. Chairman Huebsch requested a report on the use and effectiveness of the decontamination units at the end of the summer season. OTC Board of Commissioners’ Minutes May 2, 2017 Page 2 Recess & Reconvene At 10:11 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board meeting was reconvened at 10:14 a.m. Community Health Worker (CHW) Positions Motion by Johnson, second by Rogness and unanimously carried to hire two part time Community Health Workers funded by the Community Wellness Grant. The project is a beta test to determine whether CHWs can work with high risk families to address hypertension and pre-diabetes. Amendment to Contract for Personal Health Record (PHR) Project Motion by Lindquist, second by Johnson and unanimously carried to authorize the appropriate County Officials’ signatures to execute Amendment 2 to MN Department of Human Services (DHS) Grant Contract #102655 between the County of Otter Tail and MN DHS. The Amendment increases the contract by $245,683.00 for Linden Tech, Inc. to test and develop a PHR system and Community-Based Long Term Services and Supports (LTSS). RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Otter Tail County Resolution No. 2017 - 32 Be it resolved that Otter Tail County Department of Public Health enter into a grant agreement with the Minnesota Department of Public Safety, for traffic safety projects during the period from October 1, 2017 through September 30, 2018. The Director of Public Health is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of Otter Tail County Public Health and to be the fiscal agent and administer the grant. Motion for the foregoing Resolution was made by Commissioner Froemming and seconded by Commissioner Lindquist and upon a vote being duly taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness, and the following were against: None and the following were absent: None WHEREUPON, the Resolution was declared duly passed and adopted the 2nd day of May 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Land Valuation Method Land Division Directors provided information regarding the current method of agricultural land valuation vs. the Crop Productivity Index (CPI) rating method. Discussion followed. Motion by Johnson, second by Rogness and unanimously carried to approve the CPI Method for Otter Tail County land valuation. The Recorder confirmed that the Compliance Funds will be used to pay for the CPI Method implementation. The Administration Department will assist the Land Division with education to the public prior to implementation. OTC Board of Commissioners’ Minutes May 2, 2017 Page 3 Theft of Property Claim Motion by Rogness, second by Froemming and unanimously carried to increase payment to Christian Sauer in the amount of $40.00 for a total payment of $726.25, for items stolen at the Otter Tail County Detention Facility. The total dollar amount is less than the County’s liability deductible. Extract of Minutes of Meeting of the Board of Commissioners of Otter Tail County, Minnesota 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, May 2, 2017 at 10:30 o’clock A.M. The following members were present: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness and the following were absent: None * * * * * * * * * The Chair announced that the meeting was convened for the purpose of considering proposals for the purchase of $1,335,000 General Obligation Capital Improvement Bonds, Series 2017A. Proposals were submitted as shown in Exhibit A available for inspection in the Otter Tail County Auditor-Treasurer’s Department. * * * * * * * * * Commissioner Froemming introduced the following written resolution and moved its adoption: RESOLUTION AWARDING SALE OF $1,335,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2017A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT Otter Tail County Resolution No. 2017 - 33 BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as follows: 1. The proposal of Robert W. Baird & Company, Incorporated to purchase the $1,335,000 General Obligation Capital Improvement Bonds, Series 2017A 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 $1,409,828.23 plus accrued interest. 2. To provide funds for correction facility improvements pursuant to the County’s Capital Improvement Plan approved March 28, 2017, the County shall forthwith issue its negotiable General Obligation Capital Improvement Bonds, Series 2017A (the “Bonds”), pursuant to Minnesota Statutes, Section 373.40 and Chapter 475. The Bonds shall be in the aggregate principal amount of $1,335,000, to be dated June 1, 2017, 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, 2018, 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 2019 2020 2021 2022 2023 Amount $115,000 120,000 125,000 125,000 130,000 Interest Rate 3.00% 3.00 3.00 3.00 3.00 Year 2024 2025 2026 2027 2028 Amount $135,000 140,000 145,000 150,000 150,000 Interest Rate 3.00% 3.00 3.00 3.00 3.00 OTC Board of Commissioners’ Minutes May 2, 2017 Page 4 All Bonds maturing on or after February 1, 2026, 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 February 1, 2025, 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 1st 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-_______ $_______________ GENERAL OBLIGATION CAPITAL IMPROVEMENT BOND, SERIES 2017A Interest Rate Maturity Date Date of Original Issue CUSIP June 1, 2017 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, 2018, 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. OTC Board of Commissioners’ Minutes May 2, 2017 Page 5 The Bonds of this series maturing on or after February 1, 2026, 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 February 1, 2025, 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 $1,335,000, all of like date and tenor except as to maturity and interest rate, 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 correction facility improvements. 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 May 2, 2017 (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. OTC Board of Commissioners’ Minutes May 2, 2017 Page 6 OTTER TAIL COUNTY, MINNESOTA By Chair, Board of County Commissioners By 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: June 1, 2017 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. OTC Board of Commissioners’ Minutes May 2, 2017 Page 7 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 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 1st day of the month of 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: OTC Board of Commissioners’ Minutes May 2, 2017 Page 8 “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. (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. OTC Board of Commissioners’ Minutes May 2, 2017 Page 9 (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 2017A 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 and interest from the general fund and thereafter to reimburse said general fund from collections of taxes levied pursuant hereto. The proceeds of the Bonds herein authorized shall be used solely for the payment of the costs of the correction facility improvements described in the County’s Capital Improvement Plan adopted March 28, 2017 and costs described in Minnesota Statutes, Section 475.68. Any remaining proceeds may be used for any lawful purpose. 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 2017 2018 $162,803 2018 2019 164,430 2019 2020 165,900 2020 2021 161,962 2021 2022 163,275 2022 2023 164,430 2023 2024 165,427 2024 2025 166,268 2025 2026 166,950 2026 2027 162,225 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 2017A Fund or other moneys in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. It is hereby found and determined that the foregoing taxes, if collected in full, 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. OTC Board of Commissioners’ Minutes May 2, 2017 Page 10 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. 17. The reasonably anticipated amount of tax-exempt obligations of the County (other than those not taken into account under Section 265(b)(3)(C)(ii) of the Internal Revenue Code) during 2017 does not exceed $10,000,000. The Bonds are hereby designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code. 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: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness, and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Repurchase Agreement Motion by Johnson, second by Lindquist and unanimously carried to authorize the appropriate County Officials’ signatures to execute the Proposal Form that relates to the issuance and sale of $1,430,000 General Obligation Capital Improvement Bonds, Series 2017A. OTC Board of Commissioners’ Minutes May 2, 2017 Page 11 REQUEST TO REPURCHASE TAX FORFEITED PROPERTY Otter Tail County Resolution No. 2017 - 34 Commissioner Froemming introduced the following resolution and moved its adoption: RESOLVED, by the Otter Tail County Board of Commissioners of Otter Tail County, Minnesota, that WHEREAS, Linda Erickson, owner, has made application to repurchase the following legally described parcel: Parcel No. 74-000-99-0121-000 OTTERTAIL-WAY'S ADDN LOTS FOUR (4), FIVE (5) AND SIX (6) BLOCK TEN (10) AND NORTH HALF (N½) VACATED 3RD STREET ADJACENT TO LOT SIX (6) Said property having forfeited to the State of Minnesota on the 26th day of August, 2016, for nonpayment of the 2008, 2009, 2010, 2011, 2012, 2013, 2015, and 2016 property taxes; and WHEREAS, an application to repurchase the above described property was timely submitted on Monday, April 24, 2017; and WHEREAS, the sum of $12,081.39 represents the aggregate of all delinquent and current taxes, penalties, costs, assessments, and fees as of April 30, 2017, that would have been due and payable had the above described parcel not forfeited to the State of Minnesota; and WHEREAS, the applicant has requested that the Otter Tail County Board of Commissioners consider this application to repurchase the above-described parcel and has requested that the Otter Tail County Board of Commissioners approve the applicant’s request to repurchase the above-described property. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the repurchase of the above described tax forfeited property subject to the condition that the total amount referenced above is received by Otter Tail County on or before Wednesday, May 31, 2017. BE IT FURTHER RESOLVED that the Otter Tail County Board of Commissioners hereby finds that the repurchase will promote and best serve the public interest, and that it will relieve any undue hardship which may have result from the forfeiture. Commissioner Johnson seconded the motion, and upon being put to vote, the resolution was adopted with all seated Commissioners in favor. Adopted this 2nd day of May, 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk OTC Board of Commissioners’ Minutes May 2, 2017 Page 12 Paralegal Position Motion by Rogness, second by Lindquist and unanimously carried to approve reclassification of the Administrative Specialist (Paralegal) position from a B21/B22 to a B23 and to approve filling an additional Paralegal position as requested by the County Attorney. Recess & Reconvene At 11:00 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board meeting was reconvened at 11:05 a.m. Bid Award – 2017 County Wide Traffic Marking Motion by Rogness, second by Johnson and unanimously carried to award C.P. 17:TM to the low bidder, Traffic Marking Service, Inc. of Maple Lake, MN, in the amount of $255,820.54. Approval of Contract – County Wide Seal Coat Motion by Johnson, second by Froemming and unanimously carried to authorize the appropriate County Officials’ signatures to execute the Highway Construction Contract (SAP 056-601-064 & Etc.) between the County of Otter Tail and Morris Sealcoat & Trucking, Inc. for the County Wide Seal Coat project. Amendment #1 to Design Agreement for CSAH 12 and 35 Motion by Lindquist, second by Johnson and unanimously carried to authorize the appropriate County Officials’ signatures to execute Amendment #1 to Agreement No. 15.00822 between the County of Otter Tail and Ulteig Engineers, Inc. for additional design work for CSAH 12 and 35. Broadband Feasibility Study Motion by Rogness, second by Johnson and unanimously carried to authorize the appropriate County Officials’ signatures to execute an agreement between the County of Otter Tail and CCG Consulting & Finley Engineering for a Network Feasibility Study. Economic Development Director Nick Leonard reported that the County has received a $25,000 grant from the Blandin Foundation for the work to be completed in CY2017. Total price of the study was reported as $55,500.00. Phelps Mill Dam Fish Passage Meeting Motion by Johnson, second by Lindquist and unanimously carried to authorize Commissioners to attend a meeting hosted by the Minnesota Department of Natural Resource (MNDNR) at 7:00 p.m. on Monday, May 8, 2017 at the conference room of the MNDNR Office Building in Fergus Falls for presentation of Concept and Design of Fish Passage at Phelps Mill Dam. ACCEPTING DEDICATED DONATION TO SUPPORT EDUCATIONAL PROGRAMS FOR THE PUBLIC HEALTH DEPARTMENT Otter Tail County Resolution No. 2017 - 35 WHEREAS, community organizations and individuals offer to donate funds to support lactation education, family home visiting, senior services events, and safe communities events to the County of Otter Tail on behalf of the Otter Tail County Public Health Department to assist in the health promotion programs; and WHEREAS, Minnesota Statute 465.03 requires a county to accept the gift by resolution expressed in terms prescribed by the donor in full; and WHEREAS, acceptance of the funds in accordance with the donor’s terms is in the best interest of the County of Otter Tail. OTC Board of Commissioners’ Minutes May 2, 2017 Page 13 NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners does accept the above-described funds from community organizations and individuals and extends its grateful appreciation. The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness, and the following were against: None and the following were absent: None WHEREUPON, the Resolution was declared duly passed and adopted the 2nd day of May 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Boating Safety Patrol Grant Agreement Motion by Lindquist, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute the 2017 State of Minnesota Federal Supplemental Boating Safety Patrol Grant Agreement, in the amount of $11,375.00. The funding is used for water patrol overtime salaries. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE COUNTY OF OTTER TAIL ON BEHALF OF ITS SHERIFF'S OFFICE Otter Tail County Resolution No. 2017 - 36 WHEREAS, the County of Otter Tail on behalf of its Sheriff's Office desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to receive funding to use to implement an adapter to make its records management system compatible with Minnesota National Incident-Based Reporting System requirements for which the County is eligible. NOW, THEREFORE, BE IT RESOLVED by the County of Otter Tail, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of Otter Tail on behalf of its Sheriff's Office, is hereby approved. A copy of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Otter Tail County Sheriff Brian Schlueter or his successor, is designated the Authorized Representative for the Joint Powers Agreement. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the agreement with the State. To assist the Authorized Representative with the administration of the agreement, the Otter Tail County Chief Deputy is appointed as the Authorized Representative’s designee. OTC Board of Commissioners’ Minutes May 2, 2017 Page 14 3. That Doug Huebsch, the Board Chairman for the County of Otter Tail, and John Dinsmore, the Board Clerk, are authorized to sign the State of Minnesota Joint Powers Agreement. The motion for the adoption of the foregoing resolution was introduced by Commissioner Lindquist, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness, and the following were against: None and the following were absent: None WHEREUPON, the Resolution was declared duly passed and adopted the 2nd day of May 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Joint Powers Agreement for the National Incident Based Reporting System (NIBRS) Motion by Lindquist, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute the JPA for the NIBRS between the State of Minnesota Bureau of Criminal Apprehension (BCA) and the County of Otter Tail. Amendment to License Agreement Nr. 295 Motion by Johnson, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute a Professional Services Amendment Nr. 04 to Agreement Nr. 295 between the County of Otter Tail and Computer Information Systems (CIS) Inc. as presented by the Chief Deputy. Out-of-State Travel Motion by Rogness, second by Johnson and unanimously carried to authorize out-of-state travel for three Sheriff’s Office employees for CIS computer training in Chicago, IL. for the National Incident Based Reporting System. Adjournment At 12:05 p.m., Chairman Huebsch declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, May 9, 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Doug Huebsch, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes May 2, 2017 Exhibit A, Page 1 WARRANTS APPROVED ON 5/2/2017 OTC Board of Commissioners’ Minutes May 2, 2017 Exhibit A, Page 2