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HomeMy WebLinkAboutBoard of Commissioners - Approved Minutes - 12/20/2022Board of Commissioners' Meeting Minutes December 20, 2022 OTTER TAIL COUNTY-MINNESOTA BOARD OF COMMISSIONERS' MIN UTES Government Services Center, Commissioners' Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN December 20, 2022 I 8:30 a.m. CALL TO ORDER The Otter Tail County Board of Commissioners convened at 8:32 a.m. Tuesday, December 20, 2022, at the Government Services Center in Fergus Falls, MN. Commissioners Betty Murphy, Chair; Wayne Johnson, Vice Chair; Kurt Mortenson, Dan Bucholz and Lee Rogness were present. APPROVAL OF AGENDA Chair Murphy called for approval of the Board Agenda. Motion by Johnson, second by Mortenson and unanimously carried to approve the Board of Commissioners' agenda of December 20, 2022, with the following additions: Consent Agenda: Additions as indicated in #8-1 O General Discussion: AMC Legislative Conference & M-State Leadership Training APPROVAL OF CONSENT AGENDA Motion by Mortenson, second by Bucholz and unanimously carried to approve the consent agenda items as amended: Page 1 of 32 1. December 13, 2022, Board of Commissioners' Meeting Minutes 2. Warrants/Bills for December 20, 2022 (Exhibit A) 3. Human Services and Public Health Warrants/Bills for December 20, 2022 (Exhibit A) 4. Signature Authorization for CMH Respite Grant 5. Approval of the issuance of a 2023 Tobacco License to DG Retail, LLC dba Dollar General #15641, Battle Lake, MN 6. Approval of the issuance of a 2023 Tobacco License to DG Retail, LLC dba Dollar General #17996, Henning, MN 7. Approval of the issuance of a 2023 Tobacco License to DG Retail, LLC dba Dollar General #21009, Ottertail, MN 8. Approval of the issuance of a 2023 Tobacco License to Ronald J. Wegscheid dba Bluffton Oil Company 9. Approval of the issuance of a County Credit Card to Brooks Andersen, Recycling Manager, as requested by Chris Mcconn, Otter Tail County Solid Waste Director 10. Approval of the issuance of a County Credit Card to Nicholas Heeter, Hazardous Household Waste Manager as requested by Chris McConn, Otter Tail County Solid Waste Director Board of Commissioners' Meeting Minutes December 20, 2022 RESOLUTION REGARDING APPOINTMENT TO THE OTTER TAIL COUNTY EXTENSION COMMITTEE OTTER TAIL COUNTY RESOLUTION NO. 2022-119 WHEREAS, the Otter tail County Board of Commissioners is charged with making appointments to the Extension Committee, as authorized by M.S. 38.36, subdivision 1; and WHEREAS, the Otter Tail County Extension Committee is comprised of nine members, two of which must be County Commissioners; and WHEREAS, the term of three years for members appointed by the board. NOW, THEREFORE, BE It RESOLVED, that The Otter Tail County Board of Commissioners hereby makes the following appointment to the Otter Tail County Extension Committee: Appointment of James Minten to a three-year term on the Otter Tail County Extension Committee beginning January 1, 2023 and ending December 31, 2026 Appointment of Tammy Nordick to a three-year term on the Otter Tail County Extension Committee beginning January 1, 2023 and ending December 31, 2026 The motion for the adoption of the foregoing resolution was introduced by Commissioner Bucholz, duly seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attestui , · tcic, ~ Nicole Hansen, Clerk RESOLUTION ENDORSING THE EFFORTS OF THE COMMUNITY SUPERVISION WORK GROUP AND URGING THE LEGISLATURE TO PASS A NEW FUNDING FORMULA AND SIGNIFICANT APPROPRIATION DURING THE 2023 LEGISLATIVE SESSION OTTER TAIL COUNTY RESOLUTION NO. 2022-120 WHEREAS, community supervision is a fundamental part of the criminal justice system in Minnesota and funding sufficient to ensure effective services is vital to public safety in all communities across the state; and WHEREAS, community supervision includes services such as probation, supervised release, and intensive supervised release; and WHEREAS, Minnesota's counties provide essential community supervision services both as mandated by M.S. Chapter 244.19 and also as delegated by the Department of Corrections under M.S. Chapter 401; and Page 2 of 32 Board of Commissioners' Meeting Minutes December 20. 2022 WHEREAS, when the Legislature decided that community supervision was best delivered through a state- county partnership, it stated a clear intent that the state would provide significant funding to the counties for the operation of local programs; and WHEREAS, over the past 20 years, Minnesota has become the state with the lowest level of corrections funding in the nation because the Legislature has not upheld its promise to provide adequate state resources to support community supervision; and WHEREAS, the Legislature's failure to adequately fund community supervision has increased local property taxes on residents and businesses; and WHEREAS, a revised community supervision funding formula is necessary to ensure that all communities in Minnesota have enough state funding to provide a consistent standard for effective, evidence-based community supervision services, regardless of local capacity to pay; and WHEREAS, the Association of Minnesota Counties assembled the Community Supervision Work Group including county leaders and experts in community supervision from all three supervision delivery systems to study the needs of community supervision departments statewide and develop a single funding formula that is transparent, needs based, and equitable among county and state supervision providers; and WHEREAS, the Community Supervision Workgroup has taken up its charge to convene stakeholders across the three probation delivery systems to oversee a study to create a unified recommendation for an equitable and adequate funding formula and appropriation; and WHEREAS, the Board of Directors of the Association of Minnesota Counties that represents the diverse interests of Minnesota's 87 counties, voted to support a new funding formula that provides counties with the resources needed to keep communities safe. NOW, THEREFORE, BE IT RESOLVED, the Otter Tail County Board of Commissioners endorses the efforts of the Community Supervision Work Group and urges the Legislature to pass a new funding formula and significant appropriation during the 2023 legislative session. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 n AttesL/27' C DltJ U-~ Nicole Hansen, Clerk Page 3 of 32 OTTERTAIL COUNTY· MINNESOTA Board of Commissioners' Meeting Minutes December 20, 2022 OUT-OF-STATE TRAVEL Motion by Johnson, second by Mortenson and unanimously carried to approve the Land and Resources Management Director Chris LeClair to travel out of state to attend the 2023 Oregon Onsite Wastewater Conference in Redmond, OR on February 17-18, 2023. THC MORATORIUM Motion by Rogness, second by Mortenson and unanimously carried to authorize an interim ordinance, for a period of twelve (12) months, to place a moratorium on the sale of hemp derived THC food and beverages to allow the county time to consider licensing and rules, sales management controls and other regulatory issues with an effective date of February 1, 2023. This moratorium allows for cities to be exempted if they establish licensing and rules, sales management controls, checking identifications (ID's), enforcement, compliance checks, license fees and address other regulatory issues may, by resolution of the city council, be exempt from this moratorium. EASEMENT ENCROACHMENT & CONSENT AGREEMENT -CSAH 35 RESOLUTION Motion by Johnson, second by Mortenson and unanimously carried to authorize appropriate County Officials' signatures for the Easement Encroachment and Consent Agreement between Otter Tail County and Western Minnesota Municipal Power Agency and Missouri River Energy Services (WMMPA) for CSAH 35 reconstruction project to cross WMMPA's Easement Area as presented by County Engineer Chuck Grotte. The Board previously adopted Resolution No. 2022-81 CSAH 35 Right of Way Acquisition for this project. HEART OF THE LAKES -INSPECTION AGREEMENT AMENDMENT Motion by Johnson, second by Rogness and unanimously carried to authorize appropriate County Officials' signatures for the amendment to the Construction Engineering Services agreement through Otter Tail County and Houston Engineering, Inc. for the budget for Projects Nos. 4000-401 (West Segment), 4001-401 (McDonald Segment), and 4002-401 (Silent Segment) as presented by Parks and Trails Director Kevin Fellbaum. ACTION BY THE COUNTY BOARD ON THE PROPOSED CONSTRUCTION OF A FISH PASSAGE PROJECT AT PHELPS MILL PARK IN MAINE TOWNSHIP OF OTTER TAIL COUNTY OTTER TAIL COUNTY RESOLUTION NO. 2022-134 WHEREAS, Otter Tail County is the owner of Phelps Mill Park and the Phelps Mill Dam, with both structures and the surrounding district being listed on the State Historical Registry; and WHEREAS, Otter Tail County has been working closely with the United States Fish and Wildlife Service (USFWS), Minnesota Department of Natural Resources (MNDNR), and Houston Engineering for over a decade to study and review several different options to allow for Sturgeon and other Fish species passage around and over the dam at Phelps Mill Park; and WHEREAS, Funding for the study and review of this potential project has been provided by USFWS and MNDNR through grants; and WHEREAS, Otter Tail County is generally supportive of efforts by MNDNR to reconnect rivers and the creation of fish passage to improve overall river ecology and watershed health and formally supported a Phelps Mill fish passage in 2017, contingent on a suitable design; and Page 4 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 WHEREAS, the historical, cultural and archeological uniqueness of Phelps Mill Park and the Phelps Mill Dam have made the creation of a fish passage particularly challenging; and WHEREAS, Otter Tail County, MNDNR and USFWS have looked at many designs, including but not limited to dam removal, rock arch rapids, and a by-pass fishway; and WHEREAS, the State Historic Preservation Office (SHPO) has determined that any proposals that remove, disguise, or otherwise alter the appearance of the dam would not be acceptable, leaving a by-pass fishway as the only alternative design, requiring the removal of 30,000 cubic yards of material; and WHEREAS, several groups, including but not limited to the Otter Tail County Historical Society, Minnesota Chapter of the Society of Architectural Historians, Friends of Phelps Mill and the Minnesota State Historic Preservation Office opposed construction of the bypass and indicated there are several grant programs available for dam preservation. NOW, THEREFORE, BE IT RESOLVED THAT, Otter Tail County by this resolution declines to proceed with the construction of a fish bypass at Phelps Mill Park; and BE IT FURTHER RESOLVED, the Board directs staff to collect information on the current condition of the dam and anticipated cost for future repairs and preservation; and BE IT FURTHER RESOLVED, the Board strongly urges the aforementioned historical groups to begin identifying necessary grants and funding to ensure the dam can be preserved long-term. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 n I \ / ' AttesL-::'.\CI ('CfA, Ji-/~ Nicole Hansen, Clerk AMC LEGISLATIVE CONFERENCE Discussion was held regarding the Association of Minnesota Counties (AMC) Legislative Conference on February 22-23, 2023 in St. Paul, MN. Otter Tail County Commissioners plan to attend this conference. M-STATE LEADERSHIP TRAINING The Commissioners held discussion regarding a virtual training opportunity through M-State Workforce Development Solutions which is offering leadership training sessions starting in January of 2023. Page 5 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 RECESS & RECONVENE At 9:34 a.m., Chair Murphy declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:49 a.m. 2023 SOLID WASTE HAULERS LIST Motion by Johnson, second by Bucholz and unanimously carried to approve the 2023 Otter Tail County Licensed Solid Waste Haulers list as presented. RESOLUTION APPROVING PROPERTY TAX ABATEMENTS OTTER TAIL COUNTY RESOLUTION NO. 2022-122 BE IT RESOLVED by the Board of Otter Tail County, Minnesota (the "County"), as follows: 1. Recitals. (a) The County proposes to approve tax abatements in connection with the construction of single family homes (the "Projects"), The County proposes to use the tax abatements for the Projects provided for in Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), from the property taxes to be levied by the County on Parcel Identification Numbers 71004990950000, 52000220154000, 32000990588000, 71004990861000, 16000330184000, 33000200123000, 29000040030004, 46000330126015, 08000160120004, 63000990162000 (collectively, the "Tax Abatement Properties"). (b) The County proposes to approve tax abatements on a portion of the County's share of property taxes on the Tax Abatement Properties in the amount of $10,000 for a term of up to five (5) years to finance a portion of the costs of the Project. (c) The tax abatement is authorized under the Abatement Law. 2. Findings for the Tax Abatement. The Board hereby makes the following findings: (a) The tax abatement is the County's share of real estate taxes which relate to the Projects being constructed on the Tax Abatement Properties and not the real estate taxes that relate to the value of the land (the "Abatement"). (b) The Board expects the benefits to the County of the Abatement to be at least equal or exceed the costs to the County thereof. (c) Granting the Abatement is in the public interest because it will increase the tax base in County. (d) The Tax Abatement Properties are not located in a tax increment financing district. (e) In any year, the total amount of property taxes abated by the County by this and other resolutions and agreements, does not exceed the greater of ten percent (10%) of the net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The County may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. Page 6 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 3. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to five (5) years anticipated to commence for taxes payable 2024 and shall not exceed $10,000. The County reserves the right to modify the commencement date, but the abatement period shall not exceed five (5) years. (b) The County shall provide the Abatement as specified in this resolution. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. 4. Tax Abatement Agreements. The Board hereby approves the Tax Abatement Agreements for payment of the Abatement in substantially the form submitted and the Chair and Clerk are hereby authorized to execute the Tax Abatement Agreements on behalf of the County. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Bucholz, with Commissioner Rogness abstaining, and, after discussion thereof and upon vote being taken thereon, passed. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 C Attesu\--1' Mtv ~ Nicole Hansen, Clerk RESOLUTION APPROVING PROPERTY TAX ABATEMENTS OTTER TAIL COUNTY RESOLUTION NO. 2022-123 BE IT RESOLVED by the Board of Otter Tail County, Minnesota (the "County"), as follows: 5. Recitals. (a) On February 11, 2020, the County adopted Otter Tail County Resolution No. 2020-14 (the "Prior Resolution"), approving property tax abatements for Parcel Identification Number 11000990344000 (the "Prior Parcel"). (b) Also on February 11, 2020, the County entered into a Tax Abatement Agreement (the "Agreement") with Derek Kern (the "Owner"), to construct a residential structure (the "Project") on the Prior Parcel. (c) The Owner subsequently subdivided the Prior Parcel, and constructed the Project on one of the resulting parcels identified as Parcel Identification Number 84000990002000 (the "Tax Abatement Property"). (d) The County proposes to (i) rescind the Prior Resolution, terminating the abatement provided for therein for the Prior Parcel, (ii) approve tax abatements in connection with the Project constructed on the Tax Abatement Property, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), and (iii) approve a First Amendment to Tax Abatement Page 7 of 32 ~ C?c,!JvE~_J~~~ 6. 7. Board of Commissioners' Meeting Minutes December 20, 2022 Agreement, amending the Agreement to account for the change of the parcel identification number (the "Amendment"). (e) On December 13, 2022, the Board held a public hearing on the question of the Abatement, (as defined below) and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof at which all interested persons appeared and were heard. (t) The County proposes to approve tax abatements on a portion of the County's share of property taxes on the Tax Abatement Property in the amount of $10,000 for a term of up to 5 years to finance a portion of the costs of the Project. (g) The Abatement is authorized under the Abatement Law. Findings for the Abatement. The Board hereby makes the following findings: (a) The tax abatement is the County's share of real estate taxes which relate to the Project being constructed on the Tax Abatement Property and not the real estate taxes that relate to the value of the land (the "Abatement"). (b) The Board expects the benefits to the County of the Abatement to be at least equal or exceed the costs to the County thereof. (c) Granting the Abatement is in the public interest because it will increase the tax base in the County. (d) The Tax Abatement Property is not located in a tax increment financing district. (e) In any year, the total amount of property taxes abated by the County by this and other resolutions and agreements, does not exceed the greater of ten percent (10%) of the net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The County may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to 5 years anticipated to commence for taxes payable 2022 and shall not exceed $10,000. The County reserves the right to modify the commencement date but the abatement period shall not exceed 5 years. (b) The County will provide the Abatement as provided in this resolution. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. 8. Rescinding Prior Resolution. The Board hereby rescinds the Prior Resolution, terminating the abatement provided for therein for the Prior Parcel. Page 8 of 32 9. Approval of Amendment. Board of Commissioners' Meeting Minutes December 20, 2022 (a) The Board hereby approves the Amendment, and the Chair and County Administrator are hereby authorized and directed to execute the Amendment on behalf of the County. (b) The approval hereby given to the Amendment 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 officials authorized by this resolution to execute the Amendment. The execution of the Amendment by the appropriate officer or officers of the County shall be conclusive evidence of the approval of the Amendment in accordance with the terms hereof. The motion for the adoption of the foregoing resolution was made by Commissioner Johnson and duly seconded by Commissioner Mortenson and, after discussion and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 I' IV. Attest:\..../4"'" / {' (tu /.dCv)~ Nicole Hansen, Clerk RESOLUTION APPROVING PROPERTY TAX ABATEMENTS OTTER TAIL COUNTY RESOLUTION NO. 2022-124 BE IT RESOLVED by the Board of Otter Tail County, Minnesota (the "County"), as follows: 10. Recitals. (a) On December 15, 2020, the County adopted Otter Tail County Resolution No. 2020-136 (the "Prior Resolution"), approving property tax abatements for Parcel Identification Number 53000990897000 (the "Prior Parcel"). (b) On March 10, 2021, the County entered into a Tax Abatement Agreement (the "Agreement") with Charles & Karen Snyders (the "Owners"), to construct a residential structure (the "Project") on the Prior Parcel. (c) The Owners had previously subdivided the parcel immediately north of the Prior Parcel, and subsequently constructed the Project on one of the resulting parcels identified as Parcel Identification Number 53000991993000 (the "Tax Abatement Property"). (d) The County proposes to (i) rescind the Prior Resolution, terminating the abatement provided for therein for the Prior Parcel, (ii) approve tax abatements in connection with the Project constructed on the Tax Abatement Property, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), and (iii) approve a First Amendment to Tax Abatement Page 9 of 32 ~ S!,!Jf ~J~~ Board of Commissioners' Meeting Minutes December 20, 2022 Agreement, amending the Agreement to account for the change of the parcel identification number (the "Amendment"). (e) On December 13, 2022, the Board held a public hearing on the question of the Abatement, (as defined below) and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof at which all interested persons appeared and were heard. (f) The County proposes to approve tax abatements on a portion of the County's share of property taxes on the Tax Abatement Property in the amount of $10,000 for a term of up to 5 years to finance a portion of the costs of the Project. (g) The Abatement is authorized under the Abatement Law. 11. Findings for the Abatement. The Board hereby makes the following findings: (a) The tax abatement is the County's share of real estate taxes which relate to the Project being constructed on the Tax Abatement Property and not the real estate taxes that relate to the value of the land (the "Abatement"). (b) The Board expects the benefits to the County of the Abatement to be at least equal or exceed the costs to the County thereof. (c) Granting the Abatement is in the public interest because it will increase the tax base in the County. (d) The Tax Abatement Property is not located in a tax increment financing district. (e) In any year, the total amount of property taxes abated by the County by this and other resolutions and agreements, does not exceed the greater of ten percent ( 10%) of the net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The County may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 12. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to 5 years anticipated to commence for taxes payable 2023 and shall not exceed $10,000. The County reserves the right to modify the commencement date but the abatement period shall not exceed 5 years. (b) The County will provide the Abatement as provided in this resolution. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. 13. Rescinding Prior Resolution. The Board hereby rescinds the Prior Resolution, terminating the abatement provided for therein for the Prior Parcel. Page 10 of 32 14. Approval of Amendment. Board of Commissioners' Meeting Minutes December 20, 2022 (a) The Board hereby approves the Amendment, and the Chair and County Administrator are hereby authorized and directed to execute the Amendment on behalf of the County. (b) The approval hereby given to the Amendment 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 officials authorized by this resolution to execute the Amendment. The execution of the Amendment by the appropriate officer or officers of the County shall be conclusive evidence of the approval of the Amendment in accordance with the terms hereof. The motion for the adoption of the foregoing resolution was made by Commissioner Johnson and duly seconded by Commissioner Mortenson and, after discussion and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attest:v\-I' (x-;l._).-1~ Nicole Hansen, Clerk RESOLUTION APPROVING PROPERTY TAX ABATEMENTS OTTER TAIL COUNTY RESOLUTION NO. 2022-125 BE IT RESOLVED by the Board of Otter Tail County, Minnesota (the "County"), as follows: 15. Recitals. (a) On August 10, 2021, the County adopted Otter Tail County Resolution No. 2021-129 (the "Prior Resolution"), approving property tax abatements for Parcel Identification Number 29000080056000 (the "Prior Parcel"). (b) On December 20, 2021, the County entered into a Tax Abatement Agreement (the "Agreement") with Joni Carter (the "Owner"), to construct a residential structure (the "Project") on the Prior Parcel. (c) The Owner subsequently subdivided the Prior Parcel, and constructed the Project on one of the resulting parcels identified as Parcel Identification Number 29000080056002 (the "Tax Abatement Property"). (d) The County proposes to (i) rescind the Prior Resolution, terminating the abatement provided for therein for the Prior Parcel, (ii) approve tax abatements in connection with the Project constructed on the Tax Abatement Property, pursuantto Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), and (iii) approve a First Amendment to Tax Abatement Page 11 of 32 ~ £!:f.!=~N!~J~ Board of Commissioners' Meeting Minutes December 20, 2022 Agreement, amending the Agreement to account for the change of the parcel identification number (the "Amendment"). (e) On December 13, 2022, the Board held a public hearing on the question of the Abatement, (as defined below) and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof at which all interested persons appeared and were heard. (f) The County proposes to approve tax abatements on a portion of the County's share of property taxes on the Tax Abatement Property in the amount of $10,000 for a term of up to 5 years to finance a portion of the costs of the Project. (g) The Abatement is authorized under the Abatement Law. 16. Findings for the Abatement. The Board hereby makes the following findings: (a) The tax abatement is the County's share of real estate taxes which relate to the Project being constructed on the Tax Abatement Property and not the real estate taxes that relate to the value of the land (the "Abatement"). (b) The Board expects the benefits to the County of the Abatement to be at least equal or exceed the costs to the County thereof. (c) Granting the Abatement is in the public interest because it will increase the tax base in the County. (d) The Tax Abatement Property is not located in a tax increment financing district. (e) In any year, the total amount of property taxes abated by the County by this and other resolutions and agreements, does not exceed the greater of ten percent ( 10%) of the net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The County may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 17. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to 5 years anticipated to commence for taxes payable 2022 and shall not exceed $10,000. The County reserves the right to modify the commencement date but the abatement period shall not exceed 5 years. (b) The County will provide the Abatement as provided in this resolution. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. 18. Rescinding Prior Resolution. The Board hereby rescinds the Prior Resolution, terminating the abatement provided for therein for the Prior Parcel. Page 12 of 32 .,_, OTTER TAIL ~, COUNTY -MINNESOTA 19. Approval of Amendment. Board of Commissioners' Meeting Minutes December 20, 2022 (a) The Board hereby approves the Amendment, and the Chair and County Administrator are hereby authorized and directed to execute the Amendment on behalf of the County. (b) The approval hereby given to the Amendment 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 officials authorized by this resolution to execute the Amendment. The execution of the Amendment by the appropriate officer or officers of the County shall be conclusive evidence of the approval of the Amendment in accordance with the terms hereof. The motion for the adoption of the foregoing resolution was made by Commissioner Johnson and duly seconded by Commissioner Mortenson and, after discussion and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attest: Ll'l 'Col. .. ;l--1(),-w,___. Nicole Hansen, Clerk RESOLUTION APPROVING PROPERTY TAX ABATEMENTS OTTER TAIL COUNTY RESOLUTION NO. 2022-126 BE IT RESOLVED by the Board of Otter Tail County, Minnesota (the "County"), as follows: 20. Recitals. (a) On June 14, 2022, the County adopted Otter Tail County Resolution No. 2022-56 (the "Prior Resolution"), approving property tax abatements for Parcel Identification Number 03000190135000 (the "Prior Parcel"). (b) On June 16, 2022, the County entered into a Tax Abatement Agreement (the "Agreement") with Trent Pederson (the "Owner"), to construct a residential structure (the "Project") on the Prior Parcel. (c) The Owner subsequently subdivided the Prior Parcel, and constructed the Project on one of the resulting parcels identified as Parcel Identification Number 03000190135021 (the "Tax Abatement Property"). (d) The County proposes to (i) rescind the Prior Resolution, terminating the abatement provided for therein for the Prior Parcel, (ii) approve tax abatements in connection with the Project constructed on the Tax Abatement Property, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), and (iii) approve a First Amendment to Tax Abatement Page 13 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 Agreement, amending the Agreement to account for the change of the parcel identification number (the "Amendment"). (e) On December 13, 2022, the Board held a public hearing on the question of the Abatement, (as defined below) and said hearing was preceded by at least 1 O days but not more than 30 days prior published notice thereof at which all interested persons appeared and were heard. (t) The County proposes to approve tax abatements on a portion of the County's share of property taxes on the Tax Abatement Property in the amount of $10,000 for a term of up to 5 years to finance a portion of the costs of the Project. (g) The Abatement is authorized under the Abatement Law. 21. Findings for the Abatement. The Board hereby makes the following findings: (a) The tax abatement is the County's share of real estate taxes which relate to the Project being constructed on the Tax Abatement Property and not the real estate taxes that relate to the value of the land (the "Abatement"). (b) The Board expects the benefits to the County of the Abatement to be at least equal or exceed the costs to the County thereof. (c) Granting the Abatement is in the public interest because it will increase the tax base in the County. (d) The Tax Abatement Property is not located in a tax increment financing district. (e) In any year, the total amount of property taxes abated by the County by this and other resolutions and agreements, does not exceed the greater of ten percent (10%) of the net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The County may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 22. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to 5 years anticipated to commence for taxes payable 2022 and shall not exceed $10,000. The County reserves the right to modify the commencement date but the abatement period shall not exceed 5 years. (b) The County will provide the Abatement as provided in this resolution. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. 23. Rescinding Prior Resolution. The Board hereby rescinds the Prior Resolution, terminating the abatement provided for therein for the Prior Parcel. Page 14 of 32 24. Approval of Amendment. Board of Commissioners' Meeting Minutes December 20, 2022 (a) The Board hereby approves the Amendment, and the Chair and County Administrator are hereby authorized and directed to execute the Amendment on behalf of the County. (b) The approval hereby given to the Amendment 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 officials authorized by this resolution to execute the Amendment. The execution of the Amendment by the appropriate officer or officers of the County shall be conclusive evidence of the approval of the Amendment in accordance with the terms hereof. The motion for the adoption of the foregoing resolution was made by Commissioner Johnson and duly seconded by Commissioner Mortenson and, after discussion and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attes!Ll:/. <Xi,;_; 1-/?vw---- Nicole Hansen, Clerk DEED CHILD CARE ECONOMIC DEVELOPMENT GRANT AGREEMENT Motion by Rogness, second by Mortenson and unanimously carried to approve authorization for execution of the DEED Child Care Economic Development Grant contract agreement between Otter Tail County and the State of Minnesota Department of Employment and Economic Development for the Child Care Economic Development project once the signed version is received from the State. ADOPTION OF FINAL BUDGET AND LEVY OTTER TAIL COUNTY RESOLUTION NO. 2022-127 Recommended Gross and Net Property Tax Levy for Payable 2023 Payable Payable 2023 2022 Percent Gross County Property Tax Levy (Non-Debt) -49,059,513 45,883,749 6.92% Gross Debt Levy - Master Facility Plan Bonds -2012A aka 2020C 1,281,210 750,120 70.80% Ottertail Operations Center Bonds 0 502,898 100.00% 2020A GO CIP Bonds 297,441 339,389 -12.36% Highway Bonds -2019A 241,290 238,928 0.99% Jail/Elevator Project -2017 A 164,430 163,275 0.71% Page 15 of 32 OTTERTAIL COUNTY -MINNESOTA __,,, Total Gross County Property Tax Levy County Program Aid (Certified) Net County Property Tax Levy - Gross/Net Lake Improvement District Levies - Pelican Group of Lakes \ Pine Lakes Little McDonald, Kerbs & Paul Big McDonald South Turtle Total Net County Levy Including Lake Improvement Districts - Special Taxing District Levy - Otter Tail County CDA Otter Tail County HRA Proposed Total Net Property Tax Levy RECAP• County Only - Gross Tax Levy (Total) County Program Aid Net Tax Levy (Total) County Only (Includes Library)- Gross Tax Levy {Total) County Program Aid Net Tax Levy (Total) County, Library, Lake Improvement Districts, CDA and HRA - Gross Tax Levy (Total) County Program Aid Net Tax Levy (Total) Board of Commissioners' Meeting Minutes 51,043,884 2,412,579 48,631,305 130,000 8,685 70,000 9,900 0 48,849,890 541,800 1,309,725 50,701,415 50,412,187 2,412,579 47,999,608 51,043,884 2,412,579 48,631,305 53,113,994 2,412,579 50,701,415 December 20, 2022 47,878,359 2,397,903 45,480,456 130,000 41,439 70,000 15,000 0 45,736,895 541,800 1,309,725 47,588,420 47,262,070 2,397,903 44,864,167 47,878,359 2,397,903 45,480,456 49,986,323 2,397,903 47,588,420 6.61% 0.61% 6.93% 0.00% -79.04% 0.00% -34.00% #DIV/0! 6.81% 0.00% 0.00% 6.54% 6.67% 0.61% 6.99% 6.61% 0.61% 6.93% 6.26% 0.61% 6.54% The motion for the adoption of the foregoing resolution was made by Commissioner Johnson and duly seconded by Commissioner Mortenson and, after discussion and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. Page 16 of 32 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Board of Commissioners' Meeting Minutes December 20, 2022 Dated: January 3, 2023 r Attest: v ~ J · (1 Q~ /-/~ Nicole Hansen, Clerk PAYABLE 2023 OTTER TAIL COUNTY GROSS AND NET PROPERTY TAX LEVY OTTER TAIL COUNTY RESOLUTION NO. 2022-128 The following resolution was offered by Commissioner Johnson, who moved for the adoption of Otter Tail County's Payable 2023 Gross and Net Property Tax Levies: WHEREAS, the Otter Tail County Board of Commissioners recognized the requirement to adopt, on or before Friday September 30, 2022, a proposed Payable 2023 Property Tax Levy and to select a date for a public meeting for the purpose of discussing and receiving public comment regarding the Proposed Property Tax Levy, which must be held during the period of November 25 through December 28, 2022; and WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 27, 2022, adopted Otter Tail County's proposed Payable 2023 Gross and Net Property Tax Levy and selected Tuesday, December 13, 2022, as the date for the public meeting; and WHEREAS, the Otter Tail County Board of Commissioners at 6:00 p.m. on Tuesday, December 13, 2022, held the required meeting; and WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt Otter Tail County's final Payable 2023 Gross and Net Property Tax Levy no later than Wednesday, December 28, 2022, and the Otter Tail County Board of Commissioners is required to certify Otter Tail County's final Payable 2022 Gross and Net Property Tax Levy to the County Auditor-Treasurer's office on or before Wednesday, December 28, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby levies for the payable year 2023, upon the taxable net tax capacity of the property of Otter Tail County, the following amounts as detailed below: Fund Breakdown -Net Tax Capacity Based Gross Levies Levy CPA Net Levy General Revenue 26,942,572 (1,367,643) 25,574,929 Parks and Trails 900,000 0 900,000 Debt Service - 2020A GO CIP Bonds 297,441 0 297,441 Series 2012A (Courthouse/Jail) 1,281,210 0 1,281,210 Highway Bonds 241,290 0 241,290 Series 201 ?A (Jail/Elevator) 164,430 0 164,430 Human Services - Social Services 7,950,147 (403,561) 7,546,586 Administration 2,252,592 (114,344) 2,138,248 Public Health 1,148,437 (58,297) 1,090,140 Page 17 of 32 Court Services Road and Bridge Capital Improvement Total County -Excluding Regional Library Regional Library System Total County -Including Regional Library Lake Improvement Districts - Pelican Group of Lakes Pine Lakes Little McDonald, Kerbs & Paul Big McDonald Total County-Including Lake Improvement Districts Special Taxing District Tax - Otter Tail County CDA Otter Tail County HRA Grand Total -Otter Tail County Board of Commissioners' Meeting Minutes December 20, 2022 2,190,470 (111,192) 2,079,278 4,221,348 (214,281) 4,007,067 2,822,250 (143,261 ) 2,678,989 50,412,187 (2,412,579) 47,999,608 631,697 0 631,697 51,043,884 (2,412,579) 48,631,305 130,000 0 130,000 8,685 0 8,685 70,000 0 70,000 9,900 0 9,900 51,262,469 (2,412,579) 48,849,890 541,800 0 541,800 1,309,725 0 1,309,725 53,113,994 (2,412,579) 50,701,415 NOW, THEREFORE, BE IT FUTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby certifies the above amount to the County Auditor-Treasurer's office as Otter Tail County's Final Gross/Net Property Tax levies for the payable year 2023 and directs the County Auditor-Treasurer's office to spread these levies against the taxable net tax capacity of the property of Otter Tail County. The resolution was seconded by Commissioner Mortenson and carried, with the members of the Otter Tail County Board of Commissioners voting as follows: Commissioner For Against Dan Bucholz X Wayne D. Johnson X Kurt Mortenson X Betty Murphy X Leland R. Rogness X Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attest: _____________ _ Nicole Hansen, Clerk Page 18 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 PAYABLE 2023 OTTER TAIL HOUSING AND REDEVELOPMENT SPECIAL TAXING DISTRICT, INCLUDING COMMUNITY DEVELOPMENT AUGHORITY, GROSS NET PROPERTY TAX LEVY OTTER TAIL COUNTY RESOLUTION NO. 2022-129 The following resolution was offered by Commissioner Johnson who moved for the authorization of the Otter Tail County Housing and Redevelopment Special Taxing District 2023 Gross and Net Property Tax Levy: WHEREAS, the Otter Tail County Housing and Redevelopment Authority is a special taxing district under the provisions of Minnesota Statute Chapter 469; and WHEREAS, the Otter Tail County Community Development Association Levy is authorized under the powers of the Housing and Redevelopment Authority; and --------WHEREAS, the Otter Tail County Housing and Redevelopment Authority has requested a Payable 2023 Gross and Net Property Tax Levy of $1,309,7250; and WHEREAS, the Otter Tail County Community Development Association has requested a Payable 2023 Gross and Net Property Tax Levy of $541,800; and WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 27, 2022, adopted for the Otter Tail County Housing and Redevelopment Authority and for the Otter Tail County Community Development Association, a proposed Gross/Net Property Tax Levy for Payable Year 2023 in the amount of $1,309,725 and $541,800 respectfully; and WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt the special taxing district's Payable 2023 Gross and Net Property Tax Levy no later than Wednesday, December 28, 2022, and the Otter Tail County Board of Commissioners is required to certify Otter Tail County Housing and Redevelopment Authority's final Payable 2023 Gross and Net Property Tax Levy to the County Auditor- Treasurer's office on or before Wednesday, December 28, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners, after consideration, discussion and consultation with the Otter Tail County Budget Committee, the Otter Tail County HRA Board and the Community Development Association Board, hereby adopts a final Payable 2023 Gross and Net Property Tax for the Otter Tail County Housing and Redevelopment Authority and for the Otter Tail County Community Development Association a final Gross/Net Property Tax Levy for Payable Year 2023 in the amount of $1,309,725 and $541,800 respectfully; and NOW, THEREFORE, BE IT FUTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby certifies the same to the County Auditor-Treasurer's office to be spread against the taxable net tax capacity of the taxable property of the Otter Tail County Housing and Redevelopment Authority. The resolution was seconded by Commissioner Rogness and carried, with the members of the Otter Tail County Board of Commissioners voting as follows: Page 19 of 32 Commissioner Dan Bucholz Wayne D. Johnson Kurt Mortenson Betty Murphy Leland R. Rogness For X X X X X Against Board of Commissioners' Meeting Minutes December 20, 2022 Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attest: u\,-I. toLu ~ Nicole Hansen, Clerk LUTION ADOPTING THE CALENDAR YEAR 2023 BUDGET OTTER TAIL COUNTY RESOLUTION NO. 2022-130 The following resolution was offered by Commissioner Mortenson, who moved for the adoption of the calendar year 2023 budget for the General Fund, for the Budgeted Special Revenue Funds, and for the Debt Service Funds. WHEREAS, the Otter Tail County Board of Commissioners recognized the requirement to adopt, on or before Friday, September 30, 2022, a proposed Calendar Year 2023 Budget and to select a date for a public meeting for the purpose of discussing and receiving public comment regarding the proposed Calendar Year 2023 budget, which must be held during the period of November 25 through December 28, 2022; and WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 27, 2022, adopted Otter Tail County's proposed Calendar Year 2023 Budget for the General Fund, for the Budgeted Special Revenue Funds, and for the Debt Service Fund, and selected Tuesday, December 13, 2022, as the date for the public hearing; and WHEREAS, the Otter Tail County Board of Commissioners at 6:00 p.m. on Tuesday, December 13, 2022, held the required hearing; and WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt Otter Tail County's final Calendar Year 2023 Budget for the General Fund, for the Budgeted Special Revenue Funds, and for the Debt Service Funds, no later than Wednesday, December 28, 2022, and recognizes the requirement to adopt the final Calendar Year 2026 Budget after the adoption of the final payable 2026 Gross and Net Property Tax Levy. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners adopts the amount of $123,013,856 as the County's Calendar Year 2023 Budget for the General Fund, for the Budgeted Special Revenue Funds, and for the Debt Service Funds (includes inter-fund transfers and HRA/CDA levies), as summarized, and as detailed in the budget documents filed with the County Auditor-Treasurer's office. The above resolution was seconded by Commissioner Bucholz and carried with the members of the Otter Tail County Board of Commissioners voting as follows: Page 20 of 32 Commissioner Dan Bucholz Wayne D. Johnson Kurt Mortenson Betty Murphy Leland R. Rogness For X X X X X Against Board of Commissioners' Meeting Minutes December 20, 2022 Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attest: k:l! '(ATu 1-/U,,-yJ- Nicole Hansen, Clerk GRANT AGREEMENT Motion by Rogness, second by Bucholz and unanimously carried to authorize the County Auditor-Treasurer to sign the 2022 Election Security Grant in the amount of $4,286.94. ONE CARD & ACCOUNT PROGRAM APPLICATION Motion by Rogness, second by Mortenson and unanimously carried to approve submitting to Bremer Bank the One Card & Account Program Application. The submission of the application will begin the process of transitioning our county issued credit cards from Wells Fargo Bank to Bremer Bank's credit/purchase card program (Elan One Card). Assistant Finance Director Kris Vipond and other team members reviewed and demonstrated six options and concluded that the Bremer Bank solution is the best suited option for Otter Tail County. DITCH INTER-FUND LOAN APPROVAL Motion by Johnson, second by Bucholz and unanimously carried to authorize the County Auditor-Treasurer and/or the Assistant Finance Director to make the appropriate inter-fund loans between the General Fund and the individual ditch accounts within the Ditch Fund (Fund 22) that have a deficit cash balance as of December 31, 2022. LEVY AND BUDGET PUBLIC HEARING MINUTES Motion by Mortenson, second by Bucholz and unanimously carried to accept the minutes of the December 13, 2022 Levy and Budget Public Hearing as submitted. PARKS AND TRAILS FUND TRANSFERS OTTER TAIL COUNTY RESOLUTION NO. 2022-131 WHEREAS, the Board of Commissioners of the County of Otter Tail approved Otter Tail County Resolution No. 2019-80 providing 50% local match of up to $1,878,820 for the Greater Minnesota Regional Parks and Trail Commission (GRPTC) for the Perham to Pelican Rapids Regional Trail -Silent Lake Segment; and WHEREAS, Otter Tail County was awarded $5,220,000 in grant funding from the Minnesota Legislative- Citizen Commission on Minnesota Resources (LCCMR) through Minnesota's Environment and Natural Resources Trust Fund (ENRTF) for segments of the Heart of the Lakes Trail (formerly referred to as the Page 21 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 Perham to Pelican Rapids Trail) and the LCCMR applications indicated secured Otter Tail County Funding match; and WHEREAS, the Board of Commissioners of the County of Otter Tail approved $5,904,993 in the 2022 budget to be used as local match funding. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approve the following transfer to meet trail matching fund needs: From General Fund/Capital Improvement Fund to Parks & Trails Fund -$5,904,993, AND WHEREAS, the Otter Tail County Board of Commissioners previously approved the County's Navigating the Road Ahead program in the areas of: 1) Housing Investment, 2) Workforce and Business, 3) Broadband and Other Infrastructure, 4) Community Resilience and 5) Other County Resource and Asset Investment; and WHEREAS, the Board of Commissioners of the County of Otter Tail support the use of $1,500,000 general fund balance to finance the goals of the Navigating the Road Ahead Program under the Broadband and Other Infrastructure category, such funds made available due to the use of American Rescue Plan (ARP) Act funding for public safety and included in the 2023 budget. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approve the following transfer to meet trail fund needs: From General Fund Navigating the Road Ahead to Parks & Trails Fund -$1,500,000; and WHEREAS, the General Fund of Otter Tail County advanced $600,000 of the match funds to the Parks & Trail Fund in 2021; and WHEREAS, LCCMR funds are paid out on a reimbursement basis and may not be fully received by December 31, 2022, which could lead to an undesirable fund balance in Parks & Trails. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the following transfers: From Parks & Trails Fund to General Fund to Repay 2021 Advance -$600,000 From General Fund to Parks & Trails Fund for 2022 Advance -As/If Needed 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, passed unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. Page 22 of 32 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Board of Commissioners' Meeting Minutes December 20, 2022 Dated: January 3, 2023 Attest: LJ-:/ ('1JI.J./ tho-- Nicole Hansen, Clerk PREMISE PERMIT -FERGUS FALLS HOCKEY ASSOCIATION OTTER TAIL COUNTY RESOLUTION NO. 2022-135 Commissioner Johnson offered the following and moved its adoption: WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and WHEREAS, the Fergus Falls Hockey Association, has made an application to the Gambling Control Board for the purpose of conducting lawful gambling at Ice Hole Bar, located on Lake Lida (Straight out from Access) in Lida Township of Otter Tail County; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue an initial premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the application for a permit; and WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of lawful gambling by the Fergus Falls Hockey Association at Ice Hole Bar, located on Lake Lida (Straight out from Access) in Lida Township of Otter Tail County. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the conduct of lawful gambling by the Fergus Falls Hockey Association, at Ice Hole Bar on Lake Lida (Straight out from Access) in Lida Township of Otter Tail County until March 1, 2023, provided the applicant meets all the necessary criteria for the licenses and permits as required by the Gambling Control Board. IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the Township of Lida by sending them a copy of this resolution. Commissioner Mortenson seconded the motion, and upon being put to a vote, was unanimously carried. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attesl./b . Col.JJ ~ Nicole Hansen, Clerk Page 23 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 CERTIFICATION-PROPERTY ASSESSED CLEAN ENERGY (PACE) Motion by Rogness, second by Bucholz and unanimously carried to amend the motion passed on Tuesday, September 27, 2022 to read as follows: Motion to certify a Property Assessed Clean Energy (PACE) special assessment, in the amount of $1,500,000, against Parcel No. 71-003-99-1872-000 (Goodneighbors -The Cottage, LLC), beginning with Payable Year 2024 with an interest rate of 7.7% for a term of seventeen years as requested by the Saint Paul Port Authority, the Property Owner and the lender (Enhanced Capital). PROPOSED 2023 FEE SCHEDULE CHANGES Motion by Johnson, second by Mortenson and unanimously carried to approve the 2023 Fee Schedule changes as presented by the County Administrator. CLOSED SESSIONS At 10:39 a.m., Chair Murphy declared the Board of Commissioners meeting closed to the public for discussion authorized under M.S. §13D.05, Subd. 3(c)(1) regarding the sale of property at 914 E. Channing Ave., Fergus Falls, MN 56537, Parcel No. 71001990859000 and for Labor Negotiations authorized under M.S. §13D.03 .. Present in the room were Commissioners Betty Murphy, Wayne Johnson, Kurt Mortenson, Dan Bucholz and Lee Rogness, County Attorney Michelle Eldien, County Administrator Nicole Hansen, County Board Secretary Hannah Anderson, Deputy Administrator Nicholas Leonard, Community Development Director Amy Baldwin, Human Resources Professional Stephanie Retzlaff and Attorney Josh Heggem from Pemberton Law. The closed session ended at 11 :20 p.m. NON-UNION COST OF LIVING ADJUSTMENT (COLA} Motion by Mortenson, second by Bucholz and unanimously carried to approve a 2.75% Cost of Living Allowance (COLA) for non-union employees effective January 1, 2023. The COLA is consistent with all labor agreements under contract as well as those which are settled for 2023. COMMISSIONER SALARY & BENEFITS RESOLUTIONS OTTER TAIL COUNTY RESOLUTION NO. 2022-132 Commissioner Johnson offered the following and moved its adoption: WHEREAS, Minnesota Statute § 375.055 provides that County Commissioners may receive per diem payments and reimbursement for necessary expenses incurred in performance of the duties of the office and shall receive compensation of annual salaries, as set by resolution of the County Board; and WHEREAS, the current annual salary for Otter Tail County Commissioners is $41,639.04 effective January 1, 2022;and WHEREAS, the current per diem rate for Otter Tail County Commissioners is $90.00. NOW, THEREFORE, BE IT RESOLVED, that the annual salary for Otter Tail County Commissioners shall be established as $42,784.11 effective January 1, 2023, which reflects a 2. 75% Cost-of-Living Adjustment similar to increases received by other employee groups; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the per diem rate for Otter Tail County Commissioners remains at $90.00; and Page 24 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the annual employer contribution for benefits for CY2023 will be set in accordance with the benefits structure previously adopted by this board on October 25, 2022. Commissioner Mortenson seconded the motion and YEAS and NAYS are as follows: Board Members For Against Dan Bucholz X Wayne D. Johnson X Kurt Mortenson X Betty Murphy X Leland R. Rogness X Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Absent Dated: January 3, 2023 Attest:L1 · ~ ; t-J.~ Nicole Hansen, Clerk VOLUNTARY FURLOUGH POLICY Motion by Rogness, second by Mortenson and unanimously carried to approve updates to the Voluntary Furlough Policy as presented by the County Administrator. The Voluntary Furlough Plan is an unpaid leave policy as a cost-savings measure for the County which provides employees without accumulated vacation or sick leave the opportunity to take leave without affecting longevity, seniority, or benefits. COLLECTIVE BARGAINING AGREEMENTS Motion by Johnson, second by Mortenson and unanimously carried to approve the 2023 -2025 labor agreements for the following collective bargaining units: Government Services Technical > Essential Deputies > Essential Licensed Supervisors > Essential Non-Licensed Supervisors SALE OF 914 E. CHANNING PROPERTY Motion by Johnson, second by Rogness and unanimously carried to direct staff to initiate the publication and sale of 914 E. Channing Ave., Fergus Falls, MN per MN Statute §373.01. A minimum bid price to be considered is $725,000 and for a purpose that is deemed conducive to the interests of the County's inhabitants. IN RECOGNITION OF BETTY MURPHY'S PUBLIC SERVICE AS A COUNTY COMMISSIONER FOR DISTRICT 4 OTTER TAIL COUNTY RESOLUTION NO. 2022-133 The following resolution is offered by the Board of Otter Tail County Commissioners, who moved to recognize and celebrate the public service of Betty Murphy, County Commissioner for District 4. Page 25 of 32 Board of Commissioners' Meeting Minutes December 20, 2022 WHEREAS, Commissioner Murphy was elected to office in the 2018 general election, and began serving shortly thereafter to fulfill the remaining term of Commissioner Roger Froemming and continued to serve on the County Board for four years, and served two terms as County Board Vice-Chair and one term as Chair; and WHEREAS, during Commissioner Murphy's public service, she has served the people through a public health pandemic, the installation of a County Drug Court, important repairs, and the expansion of the Historical Phelps Mill. She has been instrumental in supporting the County juvenile justice programs and championing adult and children's mental health care while promoting the Long-Range Strategic Plans of the County; and WHEREAS, Commissioner Murphy's public service also includes, but is not limited to, a range of committee and board work, including: • Committee Chair for the Administration/Operations Committee • Health and Wellness Committee • Human Services LMC internal County Committee • Boards of the HRA, Otter Tail Lakes Country, Lakeland Mental Health, MAHUBE OTWA, Otter Tail Problem Solving Courts, West Central Regional Juvenile Center, Viking Library, and Prairie Lakes Municipal Solid Waste Authority • Chippewa River Joint Powers Board • Association of Minnesota Counties' Health & Human Services Committee • Serving as an alternate on several committees WHEREAS, while Commissioner Murphy has been devoted to serving the public, her kindness, empathy, compassion, and willingness to listen have been appreciated in serving constituents' needs. She saw the importance of serving the needs of the people, especially the families and children, who live in Otter Tail County. THEREFORE, BE IT RESOLVED THAT: The Otter Tail County Board of Commissioners recognizes the public service, governance, dedication, and devotion provided by Commissioner Murphy, and we express our utmost gratitude and appreciation for her years of dedicated public service to the residents of Otter Tail County. The motion for the adoption of the foregoing resolution was introduced by Commissioner Rogness duly seconded by Commissioner Mortenson and, after discussion and commendation thereof and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, MN this 20th day of December 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Alles~/ ·ca, J~ Nicole Hansen, Clerk Page 26 of 32 OTTERTAIL COUNTY -MINNESOTA Board of Commissioners' Meeting Minutes December 20, 2022 ADJOURNMENT At 11 :48 a.m., Chair Murphy declared the Otter Tail County Board of Commissioners meeting adjourned. The next regular Board meeting is scheduled at 8:30 a.m. on Tuesday, January 3, 2023, at the Government Services Center in Fergus Falls and via livestream. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: January 3, 2023 Attest: J t' to/.u 1--1~ Nicole Hansen, Clerk Page 27 of 32 Page 28 of 32 Vendor Name A-1 L:OCK& KEY LLC A&A RECYCLING LLC ACKERSON/JEFF ACME TOOLS AL'S REFRIGERATION AMAZON CAPITAL. SERVICES INC AMERICAN WELDING & GAS INC ARAMARK ASSOCIATION OF MN COUNTIES AUTO VALUE PERHAM BATTLE LAKE/CITY OF BENGTSON/STEVEN BHH PARTNERS BLUFFTON OIL CO BRAlVOLD!JONATHON BRIAN'S REPAIR INC BUY-MOR PARTS & SERVICE LLC CENTRASOTA ORAL SURGEONS CITIZEN'S ADVOCATE COOPER'S OFACE SUPPLY INC CULLIGAN OF ELBOW LAKE DACOTAH PAPER CO DAKOTA BUSINESS SOLUTIONS INC DEANS DISTRIBUTING DEM-CON MATERIALS RECOVERY llC DONOHO/MICHAEL DOUBLE A CATERING DR BIG BRAIN OS SOLUTIONS INC DU NORDLLC ELDIENJMICHELLE ENVIRONMENTAL SENTRY PROTECTION ERICA MARTIN COMPANY lNC ESSER PLUMBING & HEATING INC FERGUS FALLS AREA CHAMBER OF COW FERGUS FALLS DAILY JOURNAL FERGUS FALLS/CITY OF FERGUS POWER PUMP INC FERGUS TIRE CENTER INC FIELD/TERRY FORCE AMERICA DISTRIBUTING LLC FORUM COMMUNICATIONS COMPANY Board of Commissioners' Meeting Minutes December 20, 2022 (Exhibit A} Amount 147.00 650.00 462.56 356.99 237.50 703.12 175.04 136.83 3,625.00 23.98 3,141.69 119.63 2,514.62 .3,257.20 75.00 506.70 24,021.50 2,084.00 35.00 4,216.09 35.00 1,915.82 135.74 1,068.89 2,775.92 210.63 82.50 2,000.00 1,430.00 500.00 522.51 14,762.44 500.00 4,513.00 485.00 1,022.26 1,012.50 n,440.00 223.17 45.00 632.91 507.45 Page 29 of 32 Vendor Name GALLS LLC GIBBS/ANN G1LBERTJBARBARA JEAN GREYSTONE CONSTRUCTION CO HANSEN/NICOLE HENNING AUTO PARTS HILLYARD-HUTCHINSON HOFFMAN/RANDY INDIGITAL INC INTOXIMETERS INC J. BUBERL LAW LLC J.P. COOKE CO JAKE'S JOHNS UC JOHNSON/DENA JOHNSON/MARKT JONES LAW OFACE KIMBALL MIDWEST KOEPS SEPTIC UC LAKE SUPERIOR COLLEGE LAKES AREA COOPERA TNE LEE/THOMAS LONG VIEEKEND SPORTSWEAR M-R SIGN CO INC MAERTENSILEAI-I MARCO TECHNOLOGIES LLC MARK SAND & GRAVEL CO MARTHALER/TERENCE MARTINNALERIE MCIT MlO-AMERICA BUSINESS SYSTEMS MJDWEST MACHINERY CO MJNNESOTA MOTOR COMPANY MOE/PAMELA MOTOROLA SOLUTIONS INC NAPA CENTRAL NEWVILLE/DARREN NORTHERN SAFETY TECHNOLOGY INC NORTHERN STATES SUPPLY INC OlSON OILCO INC OLSON TIRE & OIL OLSONJBRENDA OTTER ELECTRIC LLC Board of Commissioners' Meeting Minutes December 20, 2022 (Exhibit A) Amount 1,296.25 105.00 500.00 93,683.19 237.66 18.00 115.08 143.99 5,015.18 435.00 24.00 91.60 320.00 1,040.03 270.00 1,405.00 1,042.05 450.00 50.00 1,72B.60 237.50 3,086.00 275.30 47.50 230.00 36,132.62 275.00 320.00 154.00 6,093.98 875.30 10.46 13.55 844.20 305.05 264.38 262.64 169.99 1,574.70 533.26 116.25 9,165.83 Page 30 of 32 Vendor Name OTTER TAIL CO EMPLOYEE'S COMMITTE: OTTER TAIL CO HRA OUTDOOR RENOVATIONS LANDSCAPE & PALER/WALTER PALMERSHEIM/COLBY PELICAN RAPIDS PRESS PEMBERTON LAW PLLP PIONEER RIM & WHEEL CO POPE DOUGLAS SOLID WASTE MANAGEf POVVERPLAN 018 PRAIRIE LAKES MUNICIPAL SOLID WASTE PRECISE MRM LLC PRO AG FARMERS CO OP PRO-WEST & ASSOCIATES INC PROFESSIONAL PORTABLE X-RAY INC QUADIENT LEASING USA INC RDO TRUCK CENTERS Ll..C REGENTS OF lHE UNIVERSITY OF MN RETHEMEIER/CAROL RIPLEYJDAVID RODERJBETSY ROUTEWARE INC SCHORNACKIDAVID SCHWARTZ/STEVEN SCOTT HOFLAND CONSTRUCTION INC STA TE OF MINNESOTA STEVE'S SANITATION INC STREICHERS SUMMIT FIRE PROTECTION SUMMIT FOOD SERVICE LLC SWANBERG/GREGORY SWANSTON EQUIPMENT CORP TECH CHECK LLC THRIFTY WHITE PHARMACY TIT AN MACHINERY INC TI< ELEVATOR CORP TNTREPAIR INC TOLLEFSON/THOR TOWMASTER lRANSPORTATION COLLABORATIVE & TRUENORTH STEEL INC TURCHIN/ELlZABETH Board of Commissioners' Meeting Minutes December 20, 2022 (Exhibit A) Amount 3,946.79 5,800.00 5,963.75 00.61 372.00 195.45 9,856.00 375.64 546.00 2,200.39 14.00 600.00 1,095.00 190.13 300.00 7,476.48 22,147.95 84,643.90 115.00 690.00 823.75 595.79 1,304.30 118.13 9,240.00 1,274.00 12,815.00 118.99 266.50 3,051.55 226.88 6.36 4,988.19 15.00 2,665.67 700.65 7:9.00 105.00 495.-83 11,669.83 68.16 500.00 Page 31 of 32 Vendor Name TYLER TECHNOLOGIES INC UNLIMITED AUTO GLASS INC VAUGHN AUTO & MARINE CO VERGAS HARDWARE VFWPOST612 WADENA ASPHALT INC WASTE MANAGEMENT WAYNE'S TOOL WAGON WEST/RICHARD WILLOW BOOKSTORE/THE WILSONM'ARREN R WSB & ASSOCIATES .INC X-STREAM WA TiERJETTENG LLC ZIEGLER INC Final Total: Board of Commissioners' Meeting Minutes December 20, 2022 (Exhibit A) Amount 1,480.00 520.95 139.98 85.96 555.00 720.00 17,093.84 116.55 224-37 1,455.77 210.63 1,905.43 262.62 1,428.95 485.218.05 Page 32 of 32 Vendor Name AMAZON CAPITAL SERVICES INC BARRY/NATALIE BREYER/MELISA CASS CO SHERIFF-ND INDEPENDENT CONTRACT SERVICES OF LAKElAND AUTO REPAIR LLC MARTIN/MICHAEL MIO\l'IIEST MONITORING &SURVEILANCE MINNESOTA MOTOR COMPANY ROTERING/DEVORA SCHOOL DIST 542-BATTLE LAKE SCHOOL DIST 544-FERGUS FALLS SCHOOL DIST 545-HENNING SCHOOL DIST 547-PARKERS PRAIRIE SCHOOL DIST 548-PELICAN !RAPIDS SCHOOL DIST :549 -PERHAM SCHOOL DJST 550-UNDERWOOD SCHOOL DIST 553-NYM SECRETARY OF STATE VERIZON WIRELESS WADENA CO SHERIFF Ffna! Total: Vendor Name AMAZON CAPITAL SERVICES INC APPLE TREE DENTAL CHILDREN'S DENTAL SERVICES DOUBLE A CATERING LAKELAND AUTO REPAIR LLC LYSNE CONSULTING & COUNSELING UcC MINNESOTA MOTOR COMPANY ODP BUSINESS SOLUTIONS LLC PACIFIC INTERPRETERS INC Final Total: Board of Commissioners' Meeting Minutes December 20, 2022 (Exhibit A) Amount 256.76 144.87 -4826 47.00 858.83 608.42 383.18 1,472.00 64.75 172.77 3,974.10 23,924.55 3,708.90 5,351.45 8,529.30 15i464.15 5,715.45 7,722.65 120.00 507.65 75.00 79,150.-04 Amount 8.49 2,475.61 2,475.61 67.00 58.53 650.00 232.53 52.00 133.90 6,153.67