HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/29/2011MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
515 W. Fir Avenue, Fergus Falls, MN
Tuesday, November 29, 2011
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, November 29, 2011, at 9:31 a.m. at
the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners John
Lindquist, Chair; Lee Rogness, Vice-Chair; Doug Huebsch, Wayne Johnson, and Roger Froemming
present.
Approval of Agenda
Motion by Johnson, second by Froemming, and unanimously carried to approve the Board of
Commissioners agenda of November 29, 2011, with the following addition:
10:05 a.m. -Final Plats Approval, Bill Kalar
Approval of Minutes
Motion by Froemming, second by Huebsch, and unanimously carried to approve the Board of
Commissioners meeting minutes of November 15, 2011, as presented.
Approval to Pay Bills
Motion by Rogness, second by Johnson, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Long Term Recovery Board Presentation
Human Service Director, John Dinsmore provided a summary of the efforts and services offered by the
Long Term Tornado Recovery team. Discussion followed.
Viking Library Board Appointment
Motion by Huebsch, second by Rogness and unanimously carried to appoint Commissioner Froemming to
the Viking Library Board for a three year term.
Public Hearing to Consider Petition to Change Lake Name
Chairman Lindquist opened the Public Hearing for the name change of the Lake named Big McDonald
Lake #2 to McDonald Lake. Diane Long spoke in favor of the name change. In the community, the lake
has always been called McDonald Lake. MN DNR representative Peter Boulay spoke to the history of
naming the lake and process of changing the lake name. There was no one present speaking against the
proposed name change.
OTTER TAIL COUNTY RESOLUTION #2011-64
Changing the Name of "Big McDonald #2 ISchwartz\" to "McDonald Lake"
WHEREAS, the Otter Tail County received a petition, pursuant to Minnesota Statutes 83A.05 to
83A.07, to change the name of Big McDonald #2, also sometimes referred to as Schwartz Lake, to
McDonald Lake; and
WHEREAS, the County Board ordered a public hearing be held in the Commissioners' Room at
the Government Services Center, 500 Fir Ave W., Fergus Falls, MN, on Tuesday, November 29, 2011 at
9:45 a.m., published notice, and served the Commissioner of Natural Resources and Chair of the Edna
Town Board; and the public hearing was held Tuesday, November 28, 2011 as noticed; and
OTC Board of Commissioners' Minutes
November 29, 2011
Page 2
WHEREAS, Big McDonald #2 (Schwartz) Lake, DNR Lake Number 56038603, is located mainly in
Sections 20, 29, 30 of Township 136 Range 40 (Edna Township); and
WHEREAS, the lake has long been known locally as McDonald Lake; and
WHEREAS, the lake is referred to on county maps as McDonald Lake, and the roads around it
have been named based on the name being McDonald Lake; and
WHEREAS, Changing the name to McDonald Lake will not cause any confusion, whereas an
attempt to start calling it Big McDonald #2 or Schwartz Lake would do so; and
WHEREAS, while there is a West McDonald Lake, a Big McDonald Lake and a Little McDonald
Lake, there is no other McDonald Lake.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Otter Tail County Board of
Commissioners hereby orders that the name of Big McDonald #2, also sometimes referred to as Schwartz
Lake, DNR Lake Number 56038603, be changed to McDonald Lake.
Upon the motion of Huebsch, seconded by Johnson, and upon a unanimous vote, the above
resolution was passed on the 29th day of November, 2011.
Dated: _ _,Jc,.:l,.,_/,.,1!><-.,f..!/ :J.,,,o'-'11,__ ___ _ OTTER TAIL COUNTY B
By:-,--"-~-~~'.:::::·'=--'-~~~~~-
Attest: _,/4.....,..,~,.Y,l,/.,._~'--'l' v"'(L'-""'=---Larry KdJhn~
quist, Bo hair
National Association of Counties (NACo) Membership Dues
Administrator, Larry Krohn presented an invoice from National Association of Counties (NACo).
Membership dues for 2012 are $1,143.00. Motion by Froemming, seconded by Rogness, to pay the
invoice for 2012 Membership Dues to NACo. After discussion, Commissioner Lindquist called for a roll call
vote as follows:
Motion failed.
Board of County Commissioners
Roger Froemming
Wayne D. Johnson
Doug Huebsch
Leland R. Rogness
John Lindquist
YEA
X
X
NAY
X
X
X
ABSENT
Continuation of Public Hearing for Ditch #39
ABSTAIN
Commissioner Lindquist opened the Public Hearing for Ditch #39 at 10:00 a.m. and read a letter received
from Western Township stating that the Western Township Board rescinded their petition. Motion by
Johnson, second by Rogness and unanimously carried to accept Western Township's withdrawal of the
Petition to use Ditch #39. The Public Hearing was closed at 10:15 a.m.
Final Plat Approval
OTC Board of Commissioners' Minutes
November 29, 2011
Page 3
Motion by Huebsch, second by Johnson and unanimously carried to approve the Final Plat entitled "Pine
Beach Subdivision" located in Section 6 of Perham Township; Devils Lake.
Motion by Lindquist, second by Froemming and carried with Johnson abstaining, to approve the Final Plat
entitled "Kvare's Beauty Bay South 2nd Addition" located in Section 18 of Dunn Township.
Order Redeterming Benefits
Motion by Huebsch, second by Froemming and unanimously carried to approve the following Order
Redetermining Benefits:
Otter Tail County Board of Commissioners
Drainage Authority
OTTER TAIL COUNTY DITCH #25
ORDER REDETERMINING BENEFITS
The Board of Commissioners, Drainage Authority for County Ditch #25, having been approached
on several occasions in recent years as to whether or not work should be done on the ditch, and also
whether it could be used as an outlet, and the County Board of Commissioners having held a public
information meeting on Ditch #25 on the 9th day of May, 2011, Drainage Authority for Ditch #25, makes the
following Findings and Order:
FINDINGS
1. That Ditch #25 was established in 1907.
2. That the benefits for Ditch #25 have not been redetermined since the original
determination.
3. That because of the subdivision of land, it does not appear that the County could establish
who would appropriately be assessed for any work done on the ditch. In the past any repair work on the
ditch has been performed by voluntary services. Because of high water conditions it is likely that repair
work may again be needed on the ditch.
4. A review of the benefited areas indicates that the original determination does not accurately
reflect those areas benefited by the ditch system. The original determination includes only some sections
in the catchment area drained by the ditch.
5. That the original benefits determined in the drainage proceeding do not reflect reasonable
present day land values, which have increased over the past century.
6. On December 26, 2007 the board denied a petition of The Little McDonald, Kerbs and Paul
Lake Improvement District to use the ditch as an outlet for reasons including lack of capacity, but the order
provided that if more information became available to show that the ditch has capacity a new petition could
be filed. Because of continued high water conditions the Lake Improvement District is planning to file
another petition.
ORDER
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. That there shall be a redetermination of the benefits for Ditch #25.
2. That Richard Bergquist, Sheldon Holm and Dennis Tigges are hereby appointed as ditch
viewers for the redetermination of benefits.
Dated: Ja/1:> / ao11
Attest: ~" LanyKro, Clerk
OTC Board of Commissioners' Minutes
November 29, 2011
Page4
BCOW Public Health Planning Workgroup
Member of the BCOW Public Health Planning workgroup, Diane Thorson, Otter Tail County; Kathy
Carlson, Community Member; Deb Jacobs, Wilkin County; Kathy McKay, Clay County; and Rhonda Stock,
Becker County; provided a handout and briefed the Board on their activity. A summary of
recommendations was reviewed. Motion by Froemming, second by Huebsch and unanimously carried to
accept the recommendations of the BCOW Public Health Planning workgroup. Commissioner Lindquist
called for a roll call vote as follows:
Board of County Commissioners
Roger Froemming
Wayne D. Johnson
Doug Huebsch
Leland R. Rogness
John Lindquist
YEA
X
X
X
X
X
NAY
Recess & Reconvene
ABSENT ABSTAIN
At 10:58 a.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 11 :04 a.m.
SWCD Update
EOTSCWCD Manager, Darren Newville and WOTSWCD Manager, Brad Mergens both provided the Board
with fact sheets and discussed their programs and activities.
Natural Resources Block Grant
Motion by Huebsch, second by Johnson, and unanimously carried to approve the Natural Resources Block
Grant for Fiscal Year 2012 as presented.
Recess & Reconvene
At 11 :42 a.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners
recessed for a lunch break. The meeting was reconvened at 1 :00 p.m.
Lakeland Mental Health Center Contract
Motion by Froemming, second by Rogness and unanimously carried to approve the 2012 contract with
Lakeland Mental Health Center for Court Evaluation Services. Rates for Psychological and Psychiatric
Evaluations are $191 and $348 respectively.
General Obligation Capital Improvement Plan Bonds
Pursuant to due call and notice thereof, a meeting of the Board of Commissioners of Otter Tail
County, Minnesota, was duly held at the County Courthouse in Fergus Falls, Minnesota, on Tuesday,
November 29, 2011 at 1 :00 o'clock P.M.
The following members were present: Froemming, Johnson, Huebsch, Rogness, Lindquist
and the following were absent: None
The Chair announced that the meeting was convened for the purpose of considering proposals for
the purchase of $5,400,000 General Obligation Capital Improvement Plan Bonds, Series 2011 B.
Proposals were submitted as shown in Exhibit A attached hereto.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 5
Commissioner Huebsch introduced the following written resolution and moved its adoption:
RESOLUTION AWARDING SALE OF $5,400,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT
PLAN BONDS, SERIES 2011 B, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING
FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT
Otter Tail County Resolution No. 2011-66
BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as follows:
1. The proposal of United Bankers' Bank to purchase the $5,400,000 General Obligation
Capital Improvement Plan Bonds, Series 2011 B 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 $5,373,540.00 plus accrued interest.
2. To provide funds to refund the outstanding Government Services Building Lease Revenue
Bonds, Series 2002A of the Otter Tail County Housing and Redevelopment Authority (the "HRA") and
thereby acquire title to the administration facilities described in the Lease and Purchase Option Agreement
between the HRA and the County (the "Lease") pursuant to the County's Capital Improvement Plan, the
County shall forthwith issue its negotiable General Obligation Capital Improvement Plan Bonds, Series
2011 B (the "Bonds"), pursuant to Minnesota Statutes, Section 373.40 and Chapter 475. The Bonds shall
be in the aggregate principal amount of $5,400,000, to be dated the date of delivery, 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 August 1, 2012, 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 Amount Interest Rate
2013 $830,000 0.50%
2014 835,000 0.60
2015 840,000 0.80
2016 845,000 1.05
2017 850,000 1.25
2018 700,000 1.50
2019 500,000 1.75
All Bonds without option of prior payment. There has been presented to this Board a form of Escrow
Agreement (the "Escrow Agreement") proposed to be entered into between the County and U.S. Bank
National Association (the "Escrow Agent").
3. 'The Bonds shall be payable as to principal upon presentation at the main office of Bond
Trust Services· Corporation, as Registrar and Paying Agent, or at the offices of such other successor
agents as the County may hereafter designate upon 60 days' mailed notice to the registered owners at
their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered
owners at their addresses shown on the registration books of the County on the 1st day of the month
preceding each interest payment date.
L
OTC Board of Commissioners' Minutes
November 29, 2011
Page 6
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 PLAN BOND, SERIES 2011B
Interest Rate Maturity Date Date of Original Issue
______ , 2011
Registered Owner:
Principal Amount:
CUSIP
The County of Otter Tail, Minnesota, for value received, hereby promises to pay to the Registered
Owner specified above, or registered assigns, without option of prior payment, 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 August 1,
2012, 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.
This Bond is one of an issue of Bonds in the aggregate principal amount of $5,400,000, all of like
date and tenor except as to maturity, interest rate, and redemption privilege, issued pursuant to and in full
conformity with the Constitution and Laws of the State of Minnesota, including Section 373.40, Minnesota
Statutes, for the purpose of providing funds to implement a capital improvement plan and refund certain
outstanding bonds of the Otter Tail County Housing and Redevelopment Authority. 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.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 7
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 November 29, 2011 (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, 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 Coordinator, all as of the Date of Original Issue specified above.
OTTER TAIL COUNTY, MINNESOTA
By ---~(~F~ac~s~im=ile"-"S~iq~n~a~t~ur~e~) ___ _
Chair
Board of County Commissioners
By (Facsimile Signature)
County Coordinator
OTC Board of Commissioners' Minutes
November 29, 2011
Page 8
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:
ASSIGNMENT
BOND TRUST SERVICES
CORPORATION, Bond Registrar
By--------------
Authorized Signature
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
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
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.
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.
5. The Bonds shall be prepared in printed form under the direction of the County Coordinator
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 Coordinator. 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 dale 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 Coordinator or the Coordinator's designee(s) upon
receipt of the purchase price and accrued interest and the signed legal opinion of Faegre & Benson 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
November 29, 2011
Page 9
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 inierest 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.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 10
9. (a) For purposes of this paragraph 9, the following terms shall have the following
meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person
recorded as the beneficial owner of such Bond by a Participant on the records of such
Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of OTC 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 OTC holds Bonds as securities depository.
"Representation Letter" shall mean the Blanket Letter of Representation from the
County to OTC, which shall be executed in substantially the form on file.
(b) The Bonds shall be initially issued as separate authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register of the County
kept by the Registrar in the name of Cede & Co., as nominee of DTC. The Registrar and the
County may treat OTC (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 OTC 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 OTC 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 OTC 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
November 29, 2011
Page 11
(d) Notwithstanding any other provision of this Resolution apparently to the contrary, so
long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to the principal of and interest on such Bond and all notices with respect to such Bond shall
be made and given, respectively, to DTC as provided in the Representation Letter.
(e) The application of the terms of the Representation Letter to the Bonds is hereby
confirmed. The Representation Letter incorporate by reference certain matters with respect to,
among other things, notices, consents and approvals by registered owners of the Bonds and
Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with
respect to its actions thereunder as it has with respect to its actions under this Resolution.
(f) In the event that any transfer or exchange of Bonds is permitted under
subparagraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by
the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and
appropriate instruments of transfer to the permitted transferee in accordance with the provisions of
paragraph 6 hereof.
10. There is hereby created a special fund, to be known as the Capital Improvement Bonds,
Series 2011 B 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 Escrow Agreement is hereby approved and shall be
executed in substantially the form on file by the Chair and County Coordinator. The proceeds of the Bonds
herein authorized shall be deposited with the Escrow Agent pursuant to the Escrow Agreement for the
payment of principal and interest when due and the redemption price of the outstanding Lease Revenue
Bonds of 2002 of the HRA when called for redemption on February 1, 2013. 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
2011 2012
2012 2013
2013 2014
2014 2015
2015 2016
2016 2017
2017 2018
Amount
[105% of
debt service]
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 2011 B 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 levy
additional 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
November 29, 2011
Page 12
12. The County Coordinator 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 Coordinator 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 Coordinator shall register the Bonds in his office as required by law.
16. The Official Statement relating to the Bonds, on file with the County Coordinator and
presented to this meeting, is hereby approved, and the County ratifies and confirms its designation of the
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. As provided by the Lease, the County Coordinator shall instruct the HRA to call the Lease
Revenue Bonds of 2002 for prior redemption on February 1, 2013, and the HRA shall provide notice
thereof as required by law and the terms thereof and enter into an escrow or similar agreement with the
Paying Agent regarding application of the proceeds of the Bonds.
18. The Bonds are 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
Johnson and upon vote being taken thereon the following voted in favor thereof: Froemming, Johnson,
Huebsch, Rogness, Lindquist
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 13
General Obligation Bonds. Series 2012A
Pursuant to due call and notice thereof, a meeting of the Board of Commissioners of Otter Tail
County, Minnesota, was duly held at the County Courthouse in Fergus Falls, Minnesota, on Tuesday,
November 29, 2011 at 1 :00 o'clock P.M.
The following members were present: Froemming, Johnson, Huebsch, Rogeness, Lindquist
and the following were absent: None
The Chair announced that the meeting was convened for the purpose of considering proposals for
the purchase of $4,780,000 General Obligation Bonds, Series 2012A. Proposals were submitted as shown
in Exhibit A attached hereto.
Commissioner Froemming introduced the following written resolution and moved its adoption:
RESOLUTION AWARDING SALE OF
$4,780,000 GENERAL OBLIGATION BONDS, SERIES 2012A,
FIXING THE FORM AND SPECIFICATIONS THEREOF,
PROVIDING FOR THEIR EXECUTION AND DELIVERY,
AND PROVIDING FOR THEIR PAYMENT
Otter Tail County Resolution No. 2011-67
BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as follows:
1. The proposal of Robert W. Baird & Co. to purchase the $4,780,000 General Obligation
Bonds, Series 2012A 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 $4,743,146.45 plus accrued interest.
2. To provide funds for courthouse improvements under Minnesota Statutes, Section 375.18
and jail improvements under Minnesota Statutes, Section 641 .23, the County shall forthwith issue its
negotiable General Obligation Bonds, Series 2012A (the "Bonds"), pursuant to Minnesota Statutes,
Chapter 475. The Bonds shall be in the aggregate principal amount of $4,780,000, to be dated the date of
delivery, 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 August 1, 2012, 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
2024
2025
Amount
$ 170,000
435,000
585,000
595,000
625,000
1,155,000
1,215,000
Interest Rate
2.00%
2.00
2.00
2.20
2.35
2.50
2.65
Of the foregoing $3,505,000 shall be deemed to be courthouse bonds issued pursuant to Minnesota
Statutes, Section 375.18 and $1,275,000 shall be deemed to be jail bonds issued pursuant to Minnesota
Statutes, Section 641.23. With respect to the payment or redemption of Bonds, unless the County makes
another allocation in writing, each payment of principal shall be deemed to have been allocated 73.3% to
the reduction in the outstanding amount of courthouse bonds and 26.7% to the reduction in the outstanding
amount of jail bonds. The courthouse bonds do not exceed 0.04030% of the market value of taxable
property in the County. The jail bonds do not exceed 0.09671 % of the market value of taxable property in
the County.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 14
All Bonds maturing on or after February 1, 2022, 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, 2021, and any date thereafter at par and accrued interest. In the event of
redemption by lot of Bonds of like maturity, the Bond Register 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. 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 main office of Bond
Trust Services Corporation, as Registrar and Paying Agent, or at the offices of such other successor
agents as the Gou nty 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:
No.R-__ _
Interest Rate
Registered Owner:
Principal Amount:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
GENERAL OBLIGATION BOND, SERIES 2012A
Maturity Date Date of Original Issue
______ , 2012
$ ______ _
CUSIP
The County of Otter Tail, Minnesota, for value received, hereby promises to pay to the Registered
Owner specified above, or registered assigns, without option of prior payment, 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 August 1,
2012, 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.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 15
Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of
such regular record dates and such defaulted interest may be paid to the person in whose name this Bond
shall be registered at the close of business on a special record date for the payment of such defaulted
interest established by the Registrar. For the prompt and full payment of such principal and interest as the
same become· due, the full faith, credit and taxing powers of the County have been and are hereby
irrevocably pledged.
The Bonds of this series maturing on or after February 1, 2022, 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, 2021, 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 $4,780,000, all of like
date and tenor except as to maturity, interest rate, and redemption privilege, issued pursuant to and in full
conformity with the Constitution and Laws of the State of Minnesota, including Sections 375.18 and
641 .23, Minnesota Statutes, for the purpose of providing funds for certain courthouse and jail
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 November 29, 2011 (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, Sections 375.18 and 641.23, 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.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 16
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 Coordinator, all as of the Date of Original Issue specified above.
OTTER TAIL COUNTY, MINNESOTA
By ---~(~Fa~c~s~im=ilese...:S~ig~n~a~tu~r~e~) ___ _
Chair
Board of County Commissioners
By (Facsimile Signature)
County Coordinator
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: __________ _
BOND TRUST SERVICES
CORPORATION, Bond Registrar
By---------------Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
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
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.
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.
OTC Board of Commissioners' Minutes
Novembe_r 29, 2011
Page 17
5. The Bonds shall be prepared in printed form under the direction of the County Coordinator
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 Coordinator. 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 Coordinator or the Coordinator's designee(s) upon
receipt of the purchase price and accrued interest and the signed legal opinion of Faegre & Benson LLP,
as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds.
6. As long as any of the Bonds issued hereunder shall remain outstanding, the County shall
maintain and keep at the office of the Registrar an office or agency for the payment of the principal of and
interest on the Bonds, as in this Resolution provided, and for the registration and transfer of the Bonds,
and shall also keep at the office of the Registrar books for such registration and transfer. Upon surrender
for transfer of any Bond at the office of the Registrar with a written instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon
payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the
County shall execute and the Registrar shall authenticate and deliver, in the name of the designated
transferee or transferees, one or more fully registered Bonds of the same series and maturity date, of any
authorized denominations of a like aggregate principal amount, maturity and interest rate. The Bonds,
upon surrender 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 governm·ental ·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 dale 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.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 18
8. As to any Bond, the County and the Registrar and their respective successors, each in its
discretion, may deem and treat the person in whose name the same for the time being shall be registered
as the absolute owner thereof for all purposes and neither the County nor the Registrar nor their respective
successors shall be affected by any notice to the contrary. Payment of or on account of the principal of
any such Bond shall be made only to or upon the order of the registered owner thereof, but such
registration may be changed as above provided. All such payments shall be valid and effectual to satisfy
and discharge the liability upon such Bond to the extent of the sum or sums so paid.
9. (a) For purposes of this paragraph 9, the following terms shall have the following
meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person
recorded as the beneficial owner of such Bond by a Participant on the records of such
Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of OTC, and any successor
nominee of OTC with respect to the Bonds.
"OTC" shall mean The Depository Trust Company of New York, New York.
"Participants" shall mean those broker-dealers, banks and other financial
institutions for which OTC holds Bonds as securities depository.
"Representation Letter" shall mean the Blanket Letter of Representation from the
County to OTC, which shall be executed in substantially the form on file.
(b) The Bonds shall be initially issued as separate authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register of the County
kept by the Registrar in the name of Cede & Co , as nominee of OTC. The Registrar and the
County may treat OTC (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 OTC 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 OTC or any Participant, with respect to the payment by
OTC 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 OTC 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 OTC 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 aischarge 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 OTC 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 OTC to the Registrar of written notice to the effect that OTC has determined to substitute a new
nominee· ih place of Cede & Co., the Bonds will be transferable to such new nominee in
accordance with subparagraph (e) hereof.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 19
(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 OTC and the Registrar,
whereupon OTC shall notify the Participants, of the availability through OTC of Bond certificates. In
such event, the Bonds will be transferable in accordance with subparagraph (f) hereof. OTC may
determine to discontinue providing its services with respect to the Bonds at any lime by giving
notice to the County and the Registrar and discharging its responsibilities with respect thereto
under applicable law. In such event the Bonds will be transferable in accordance with
subparagraph (e) hereof.
(d) Notwithstanding any other provision of this Resolution apparently to the contrary, so
long as any Bond is registered in the name of Cede & Co., as nominee of OTC, 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 OTC as provided in the Representation Letter.
(e) The application of the terms of the Representation Letter to the Bonds is hereby
confirmed. The Representation Letter incorporate by reference certain matters with respect to,
among other things, notices, consents and approvals by registered owners of the Bonds and
Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with
respect to its actions thereunder as it has with respect to its actions under this Resolution.
(f) In the event that any transfer or exchange of Bonds is permitted under
subparagraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by
the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and
appropriate instruments of transfer to the permitted transferee in accordance with the provisions of
paragraph 6 hereof.
10. There is hereby created a special fund, to be known as the General Obligation Bonds,
Series 2012A 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. 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
2011 2012
2012 2013
2013 2014
2014 2015
2015 2016
2016 2017
2017 2018
2018 2019
2019 2020
2020 2021
2021 2022
2022 2023
2023 2024
Amount
[To be
completed
at 105%
of debt
Service)
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 2012A Fund or other moneys in the manner and to the extent permitted by Minnesota Statutes,
Section 475.61.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 20
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 levy
additional general ad valorem taxes on all taxable property in the County, if necessary, to pay the principal
of and interest on the Bonds when due.
12. The County Coordinator 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 Coordinator 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 Coordinator shall register the Bonds in his office as required by law.
16. The Official Statement relating to the Bonds, on file with the County Coordinator and
presented to this meeting, is hereby approved, and the County ratifies and confirms its designation of the
Official Statement as a "near final" Official Statement for purposes of Rule 15c2-12 of the Securities and
Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds, insofar as the
same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included in the
Official Statement is hereby approved and shall be executed and delivered in connection with the delivery
of the Bonds to the Purchaser.
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Rogness and upon vote being taken thereon the following voted in favor thereof: Froemming, Johnson,
Huebsch, Rogness, Lindquist
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
Dated: _ _,{.ca,al...ilctb.,3CJ/-"«'1o.,_,lctl ___ _ r , OTTER TAI COUNTY
By: ~~~-!Y.::,~.J..;:_~~~.!.Jd'.L;-,......,---
Keys to lnnervision Program
OTC Board of Commissioners' Minutes
November 29, 2011
Page 21
Motion by Johnson, second by Froemming and unanimously carried to authorize the chairman's signature
on the agreement with Lakeland Mental Health Center, Inc. for a multi-system adolescent chemical
dependency program. The Keys to lnnervision program agreement is effective for January 1, 2012 to
December 31, 2012.
CONSOIDATION OF AUDITOR AND TREASURER
Otter Tail County Resolution #2011-65
WHEREAS, Otter Tail County is updating its structure with the goal to create an organization that
will best serve the public and is efficient and cost-effective for the taxpayers; and
WHEREAS, Structural reorganization can streamline services, reduce administrative overhead,
and increase the ability to provide customer-friendly services, changes include consolidation of
departments, cross-training of personnel, and utilization of staff across two or more departments, and the
citizens of Otter Tail County deserve an organization that is understandable to the public and fulfills the
mission of providing government in an affordable and cost efficient manner; and
WHEREAS, Minnesota Statute 375A.10 provides that the County Board, with the concurrence of
80 percent of its members, consolidate the offices of county auditor and treasurer; and
WHEREAS, Most counties have already moved away from having these offices separate; and
WHEREAS, When the combined office is to be elective, a referendum under Minnesota Statute
375A.12 is necessary only if the county board requires a referendum, or a referendum is required by a
petition of a number of voters equal to ten percent of those voting in the county at the last general election
that is received by the county auditor within 30 days after the second publication of the board resolution
that orders the combination.
WHEREAS, The consolidated office of Otter Tail County Auditor-Treasurer will be elective, and
the County Board does not require a referendum; and
WHEREAS, The County Board finds that it is in the conformity with the reorganization plan, and in
the best interests of the county, to consolidate the offices of auditor and treasurer.
NOW, THEREFORE, BE IT HEREBY RESOLVED:
1, That effective January, 2015, the offices of auditor and treasurer are consolidated.
2, The office shall be known as the office of Auditor-Treasurer.
3, That the office of treasurer will be terminated for the purpose of electing a single office of
auditor-treasurer in 2014.
4. The duties, functions and responsibilities which have been heretofore and which shall hereafter
be required by statute to be performed by the county auditor and the county treasurer shall be
vested in and performed by the auditor-treasurer without diminishing, prohibiting or avoiding
those specific duties required by statute to be performed by the county auditor and the county
treasurer.
5, The persons last elected to the positions of auditor and treasurer before adoption of this
resolution shall serve in those offices and perform the duties of those offices until the
completion of the terms to which they were elected.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 22
Upon the motion of Huebsch , seconded by Johnson, and upon a unanimous vote, the above
resolution was passed on the 29th day of November, 2011.
Dated: If,. /1,3 /~01/ OTTER TAIL COUNTY r{c;).RD OF COMMISSIONERS
', By: ~~ /
Lindquist, Board of Co · issioners Chair
Attest:
Lakes Country Service Cooperative Board of Directors Vote
Motion by Froemming, second by Johnson and unanimously carried to cast a unanimous vote for the two
nominees for Lakes County Board of Directors. The nominees are Hal Leland, Mayor of Fergus Falls and
Douglas Huebsch, Otter Tail County Commissioner. Commissioner Lindquist called for a roll call vote as
follows:
Board of County Commissioners
Roger Froemming
Wayne D. Johnson
Doug Huebsch
Leland R. Rogness
John Lindquist
YEA
X
X
X
X
X
NAY
Licenses Approval
ABSENT ABSTAIN
Motion by Froemming, second by Johnson and unanimously carried to approve the following applications
for license:
Elizabeth General Store Tobacco
102 W Broadway
Elizabeth, MN 56533
Erhard Municipal Liquor Store
622 Fergus Ave
Erhard, MN 56534
Larry's Foods
102 Gilbertson St
Battle Lake, MN 56515
Underwood Oil, Inc.
29346 State Highway 210
Underwood, MN 56586
Wagon Wheel of Richville, LLC
101 Main St S
Richville, MN 56576
Tobacco
Tobacco
Tobacco
Tobacco
Liquor License Transfer Request
Motion by Huebsch, second by Johnson, and unanimously carried to authorize the transfer of the Stalker
Lake Golf Course liquor license to the new owners, pending approval of the Attorney's and Sheriff's
Offices.
Payment Approval
OTC Board of Commissioners' Minutes
November 29, 2011
Page 23
Motion by Johnson , second by Lindquist and unanimously carried, as recommended by the Otter Tail
County Highway Department, to approve payment in the amount of $444.87 from the Capital Improvement
Fund (Phelps Mill Account) to Kadrmas, Lee and Jackson, Inc. for design engineering service provided for
the Historic Phelps Mill Bridge Restoration project (S.P. 56-090-07).
Agreement with University of MN Extension
Motion by Huebsch , second by Froemming, and unanimously carried to approve an agreement between
the University of Minnesota and Otter Tail County for providing Extension programs locally and Employing
Extension Staff for the Term beginning on January 1, 2012 and ending on December 31, 2012, subject to
review and approval of David Hauser, County Attorney.
Payment Approval
Motion by Rogness, second by Johnson and unanimously carried, to approve payment in the amount of
$1,486.14, for the General Revenue Fund to MFRA, Inc. for professional services provided through
October 31, 2011 for services performed related to drainage issues at the CARE facility.
Public Hearing Date
Motion by Huesbch, second by Froemming, and unanimously carried to hold a Public Hearing regarding
the redetermination of benefits on County Drainage Systems No. 41 and No.65 on January 9, 2012 at
7 p.m. in the County Office Building in New York Mills.
Special Needs Basic Care Plan
Motion by Huebsch, second by Rogness and unanimously carried to authorize Otter Tail County Human
Services and Public Health Departments to initiate contract negotiations with Medica for the purpose of
providing SNBC Coordination Services to eligible county residents.
Human Services Contract
Motion by Froemming, second by Lindquist, and unanimously carried to authorize the appropriate County
Officials' signatures to execute the following Purchase of Service Agreements with Otter Tail County
Human Services:
Effective Targeted Amount of Contract &
Agency Program Date Population Funding Source
01-01-12 Children who have $352.49 per unit -County of
Catholic Charities Intensive Treatment through severe emotional Financial Responsibility
12-31-12 disturbance
01-01-12 Persons with $352.49 per unit -County of
West Central Semi-Independent Living Through Mental Financial Responsibility
Community Services Skills 12-31-13 Retardation or
related conditions
Minnesota State 01-01-12 Persons with Per State Rate Schedule;
Operated Waivered Services Through Mental State Waiver Dollars and MA
Community Services 12-31-13 Retardation or
(MSOCS) related conditions
Human Service Bill & Claims
Motion by Johnson, second by Lindquist and unanimously carried to approve the Human Services Bills and
Claims as presented.
OTC Board of Commissioners' Minutes
November 29, 2011
Page 24
Staffing Request
Motion by Lindquist, second by Rogness and unanimously carried to authorize the Sheriff to hire one full
time Dispatcher that will be open due to a retirement and to establish an eligibility list for part time
Dispatchers.
RESOLUTION DESIGNATING COUNTY STATE AID HIGHWAY LOCATION
County State Aid Highway No. 34
Otter Tail County Resolution No. 2011-68
Upon a motion by Huebsch. seconded by Johnson and unanimously carried, the following
resolution was adopted:
WHEREAS, it appears to the County Board of Commissioners of the County of Otter Tail that the
highway right of way required for County State Aid Highway No. 34 under Project No. S.A.P. 056-634-01 O
should be accurately described and located by a highway right of way plat.
NOW, THEREFORE, BE IT RESOLVED by the County Board of Commissioners of the County of
Otter Tail that the Board of County Commissioners for the County of Otter Tail is hereby designating the
definite location of County State Aid Highway No. 34, from Trunk Highway 10 East to County State Aid
Highway 80, located in Sections 9, 10, 15 & 16 in Township 136 North, Range 39 West of the 5th Principal
Meridian as shown on the OTTER TAIL COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 23.
Dated:
Out of State Travel
Motion by Rogness, second by Lindquist, and unanimously carried to approve the attendance of the
Highway Engineer at the annual Transportation Research Board conference in Washington D.C.
scheduled for January 22-25, 2012. All expenses will be paid by the Transportation Research Board.
Lake Elevation Update
Highway Engineer, Rick West provided a chart with current and past lake elevations of Iverson Lake, Lake
Olaf, Oscar Lake, Johnson Lake, and South Turtle Lake. Discussion followed.
Tuition Assistance
Motion by Rogness, second by Johnson, and unanimously carried to approve a Tuition Assistance
Agreement between the County of Otter Tail and Highway Department employee Kevin Fellbaum as
presented by the Highway Engineer.
Final Payment
Motion by Johnson, second by Rogness, and unanimously carried to approve Final Payment per Final
Estimate No. 4, in the amount of $33,191.29, payable to Traffic Marking Service Inc. for completion of the
Highway Safety Improvement Project (S.P.088-070-024).
Ditch #70
OTC Board of Commissioners' Minutes
November 29, 2011
Page 25
Ditch Inspector , Randy Wasvick presented a map of Ditch #70 and pictures of the area where Ditch #70
flows out of Sewell Lake. The area where Ditch #70 flows out of Sewell Lake is severely washed out and
in need of repair. A lengthy discussion followed. A motion was offered by Johnson, seconded by Huebsch
and unanimously carried to authorize the Ditch Inspector to have the area repaired by rip rapping the
overflow area to mitigate and prevent further erosion. Property Owner, Brian Fronning, stated he was not
in favor of this decision.
Recess & Reconvene
At 3:20 p.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 3:26 p.m.
Closed to the Public
At 3:26 p.m., Chairman Lindquist declared the meeting of the Board of Commissioners closed to the public
for purposes of discussing labor negotiation strategies relative to the Human Services and Facilities
Operations Collective Bargaining Unions. Present were all five seated Commissioners, County
Administrator, County Attorney, Human Service Director, Public Health Director and Acting Board
Secretary. Upon conclusion of the closed session, Chairman Lindquist declared the Board of
Commissioners' meeting open to the public at 4:11 p.m.
Adjournment
At 4:12 p.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 9:30 a.m. on Tuesday, December 13, 2011.
Dated: _.Jeli?.'11--/ 1,...,3,_1,_,/ <1"'0"'-'-1/'-----OTTER TAI OUNTY COMMISSIONERS
By: -"!'"'s--'SL..-"--"-"'~-b-""-'~'-"'"'-+,.=-'-""""'-:c:--,--Lindquist, Bo air
Attest:
CB/kc
OTC Board of Commissioners' Minutes
November 29, 2011
Attachment A, Page 1
Vendor Name
Warrants Approved on 11/29/2011
Amount
Aft'illaled Computer Senires
,\lJTO TRIM DF-~IGN & Gl..\SS
Ballard Sanitalion Inc
Rattle l;ike 1\u10 Parts
B,•yer Rody Shop Inc
Broadblast Inc
CDW (;,w"rnment Inc
Central Lakes Restauram Supply Ill ,\kx
Central Spedalties Inc
Certified Auto Repair
Citizens Advncalt'
Cline/Gordon
C:0 OP Services Inc
Code •I Services Uc
College Way Auto Inc
Coopt~rs T,~chnology Group
Cl IUJGAN OF \\'ADENA
Clf\lMINS NPOWER UL
Dacotah Papc•r Cnmpany
Denzel's Region Wastf'. Inc
Dex East
Farnam·~ c;enuine Parts Inc
FNgus Falls Daily Journal
Fergus Falls/City or
Flod,·n /Rrent
FSH Communications 11.C
G & K St·nices
G & R Controls
Galls An Aramark Compan1
Godfathers Exterminating lrK
Grainger lnr
Hedahls Hl'adquarters
Help s1·s1cms II. U.C
Henning Ambulance
High Plains Technology
Hobart Sales & Sc,n ice
lndep,'ndent Tlw
JK Sports
K & K Trnck & ,\uto Repair
K{•lly Sen·iet•s Inc
KEY C,O\'fRNME!\1 FINANCE INC
Knutson Electric lh,buil<lin~
9.084.38
96.75
331.00
14.94
235.31
1.884.34
8,058.95
185. 19
1,000 00
497 .27
7,205.66
74.13
29.73
2.874.90
260.64
4.091.03
156.57
1.914 87
198.93
187 20
21.48
257.56
227.80
3,762 00
101.34
64.13
970.04
1.938.00
436.68
123 98
213.98
20.48
534,37
350.00
212.68
480.54
91.00
640.00
200.39
1.633 75
8.788. 78
705.98
1.ake Region Healthcare Corp
Lakes ,\rea Cooperative
Larry 011 Inc Truck Servin,
Lillle Falls Machin(' Inc
1,ica1ors & Supplles Inc
l\lan..:o Inc St Loujs
Mid-Cerllral Equipnwnl Inc
Midwesl Tesling l.abora1nr,
~!id1;estern Mat Renlal & Supply Co
Minnkota
MN Motor Company
Mn Office Of FJllerpnse Tl'du,olog~
MN Vh,wers Assodation
MOCIC
Motorola
Napa Fcri,;us Falls
National Pt'n Corporation
Nelson Bros Prtnling
Nova Fire Protection
Ol'fict~max Incorporated
Olson/Gary
One Call Locators Ltd
Ott,,r Electric ll.C
OI !er Tail Co Treasun,r
Ot1er1all Aggn~gatr·
(l!lerlall Trucking Inc
Pace ,•\nalytical St!rvice., Inc
Park Region Co Op
!'£LEMAN INDUSTRIES
Penrose Oil Company
Picchiartnl / Marco
PHne~" Bowes
PRO SWEEP INC
l'roductive Alternatives Inc
()uartermastt'.r
( )uill Corporation
Ra,··s Oil ('n,11µan1·
RDO EQl flPMF1,T
RDO Trusl #80-b I :lli
Rdianre Telephmw
Rencv .. ·able Ri::s.ource Consultants Uc
Re,·il'.\V Enterµrises In(
OTC Board of Commissioners' Minutes
November 29, 2011
Attachment A, Page 2
450.00
2,797 66
1,620.00
74.58
325.69
882 04
40.44
465.00
84.48
54.00
64.72
1.200.00
140.00
350.00
6,180.85
27 53
152.90
319.08
750.00
86.11
70.00
285.38
1.433.02
2,045.00
726. 76
9.432.00
4,680.00
37 .41
915.00
3,552.91
96.75
1,435.00
1 75.00
165.92
73.88
175.30
1.411.92
1.388.31
90.98
37.99
25,875.33
7,210.03
OTC Board of Commissioners' Minutes
November 29, 2011
Attachment A, Page 3
Safelik Fulfillment Inc
SECRETARY OF STATE
Seh Inc
Ser.1ce Food Super Valu
Sherburn,' Co Sheriff
Shnrl FJ!iott llendrickson Inc
. SH1JL TZ & ASSOCIATF_<; LTD
Slmp1,,xG1innell
Smith;Gene
Sirin/Wayne
Steins Inc
Sterling Solutions Inc
. Streichers
Summit Fin' Prote<:tiori
Sunrise Equipment Inc
ThDA
Towmas.tt!r
Tranquility Building Seniccs
Tri-Slate rn,ing
I lnifnrms I lnlirnited
VAU.EY ~!ORTI,.,\RY SERVICFS
Veoha fJlvironmencal Servictis
VFW P()ST (i I :2
Victor I mrdeen Company
Vision Solutimis Inc
Wadena Asphall Inc
ll'as,ick/Randr
Wells Road Grading
West Payment Center
Ziegler lnr
Final Total:
187. 72
120.00
4,177.50
11 28
35.50
55,060.35
8,878.42
7.572.95
16.48
140 85
2.427.94
700.00
828.46
350.00
25.245, 72
1,700.48
293.45
454.22
21.07
40.85
381.50
8.802.40
14000
1.438.13
3.336.43
20,318.01
12.63
560.00
818.87
817. 76
282.424.69