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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 12/26/2006MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 Fir Avenue W., Fergus Falls, MN Tuesday, December 26, 2006 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, December 26, 2006, at 9:30 a.m., at the Otter Tail County Government Services Center with Commissioners Roger Froemming, Chair; Dennis Mosher, Vice-Chair; Bob Block, Syd Nelson, and Everett Erickson present. !11.pproval of Agenda Motion by Mosher, second by Block, and unanimously carried to approve the Human Services Board agenda of Decembe1· 26, 2006, as mailed. !l,.pproval of Minutes Motion by Froemming, second by Erickson, and unanimously carried to approve the Human Services Board minutes of December 12, 2006, as mailed. Monitoring & Surveillance Service Motion by Mosher, second by Erickson, and unanimously carried to authorize the appropriate County officials' signatures to execute a Memorandum of Understanding between the County of Otter Tail and Midwest Monitoring & Surveillance, Inc. of Fairmont, MN, to provide monitoring & surveillance services in connection with the electronic monitoring of offenders. Secure Detention Costs Court Services Director, Chuck Kitzman, provided annual secure detention costs for 2003 through 2006. He reported secure detention costs for 2006 at $86,930.00, which is $32,930.00 over budget and significantly higher than the 2005 secure detention costs of $50,024.00. Lengthy discussion took place regarding length of time kids are staying in secure detention, out of home placement costs, which have not increased, and corresponding budgets. Public Health Organizational Structure Public Health Director, Diane Thorson, presented the current organizational structure in the Public Health Department. She also presented a recommended organizational structure changing the supervision/lines of reporting, for some programs. The new organizational structure would require filling two new supervisory positions. Motion by Mosher, second by Nelson, and unanimously carried to approve the new organizational structure for the Public Health Department as presented by the Director, and to authorize proceeding with the appropriate process to advertise one FTE and one .60 FTE supervisory positions. Long Term Care Coordination Human Services Supervisor, Deb Sjostrom, discussed the Minnesota Seniors Healthcare Options (MSHO) program with the Board. She reported total expenditures of $205,463.78 and actual revenue as $263,148.22 for the period of January 1, 2006 through June 30, 2006. Ms. Sjostrom also provided the number of persons served through the Long Term Care Coordination program. OTC Board of Commissioners' Minutes December 26, 2006 Page 2 Human Services Contracts Motion by Block, second by Nelson, and unanimously carried to authorize the appropriate County officials' signatures to execute the following Human Services Contracts: Contractina Aaencv Services/Proaram Provided Contract Period Meals bv Wheels Home delivered meals for Eliaible Persons 01/01/07 -12/31/07 Lakes Homes and Program Waivered services for persons with mental 01/01/07 -12/31/07 Develooment, Inc. retardation or related conditions MN Dept. of Human Services, Chemical Dependency treatment services 01/01/07 -12/31/07 SOS Community Addiction Recovery Enterprises-FFRTC Kessel Group Home Residential Services/Assisted Living -Adult 01/01/07 -12/31/07 Mental Health Larry Kempenich, Rich's E.O.T. Waivered services for persons with mental 01/01/07 -12/31/07 Homes, Inc. retardation or related conditions Golden Manor of Fergus Falls Residential Services/Assisted Living for 01/01/07 -12/31/07 eliaible elderlv oersons Prairie Community Services Nursinq Service for eliqible oersons 12/01/06-12/31/07 Synstelien Community Services Waivered services for persons with mental 01/01/07 -12/31/07 retardation or related conditions Midwest Community Residential Waivered services for persons with mental 01/01/07 -12/31/07 Resources retardation or related conditions Tran$Em Supported employment for adults with serious 01/01/07 -12/31/07 and oersistent mental illness Willow Creek Senior Living Residential Services/Assisted Living for 01/01/07 -12/31/07 eliaible elderly persons West Central Community Services CADI Program & Medicaid Waiver for home & 01/01/07 -12/31/07 communitv based services Parenting Time Center (aka: Supervised parent/child visitations for families 01/01/07 -12/31/07 Someplace Safe or Safe Exchanae) Pioneer Home, Inc. (Pioneer Housing with Services/Asst. Living for eligible 01/01/07 -12/31/07 Main) elderlv oersons The Thomas House Residential Services/Assisted Living for 01/01/07 -12/31/07 eliaible elderlv persons St. Williams Residential Services/Assisted Living for 01/01/07 -12/31/07 eliaible elderlv oersons St. Williams Annex Community Support Program services for 01/01/07 -12/31/07 adults with serious and oersistent Ml Lakeland Mental Health Center, Outpatient Chemical Dependency treatment 01/01/07 -12/31/07 Inc. services for eliaible individuals Lutheran Social Services -Mill Amendment to 2006 Provider Contract for Effective 10/01 /06 Pond & River Bend 2.2553% Reimbursement Increase Lutheran Social Services -Senior Amendment to 2006 Provider Contract for Effective 10/01 /06 Comoanion 2.2553% Reimbursement Increase REM Central Lakes, Inc. -Amendment to 2006 Provider Contract for Effective 10/01/06 Waivered Services 2.2553% Reimbursement Increase REM Central Lakes, Inc. -Amendment to 2006 Provider Contract for Effective 10/01/06 lndeoendent Livina Skills 2.2553% Reimbursement Increase REM Central Lakes, Inc. -Semi-Amendment to 2006 Provider Contract for Effective 10/01 /06 lndeoendent Livina Skills 2.2553% Reimbursement Increase Vergas Assisted Living Amendment to 2006 Provider Contract for Effective 10/01 /06 2.2553% Reimbursement Increase Beth & Keith Janu -Adult Foster Amendment to 2006 Provider Contract for Effective 10/01/06 Care 2.2553% Reimbursement Increase OTC Board of Commissioners' Minutes December 26, 2006 Page 3 Human Services Worksite LMC Mr. Dinsmore provided a handout entitled "Otter Tail County Human Services Work-site Labor Management Committee Board Presentation Overview" dated December 26, 2006. Discussion took place regarding goals and priorities of the HS LMC and the value of all Labor Management Committees in the County. Bills & Claims Motion by Nelson, second by Block, and unanimously carried to approve the Human Services bills & claims as presented. Adjournment At 10:24 a.m., Chairman Froemming declared the meeting of the Otter Tail County Human Services Board adjourned. Dated: 61 /Q9 /200] -~-.F-'-+, ~~---- Attest f~ ~ Larry Khn~ Call to Order The Otter Tail County Board of Commissioners convened Tuesday, December 26, 2006, at 11 :00 a.m. at the Otter Tail County Government Services Center with Commissioners Roger Froemming, Chair; Dennis Mosher, Vice-Chair; Bob Block, Syd Nelson, and Everett Erickson present. Approval of Agenda Motion by Nelson, second by Block, and unanimously carried to approve the County Board agenda of December 26, 2006, with the following addition: Ag Advisory Committee Information ~~pproval of Minutes Motion by Nelson, second by Block, and unanimously carried to approve the County Board minutes of December 19, 2006, as presented. Approval of Bills Motion by Mosher, second by Froemming, and unanimously carried to approve the bills per Attachment A of these minutes. Mobile Collection Trailer Solid Waste Director, Mike Hanan, presented quotations for a Household Hazardous Waste Mobile Collection Trailer as follows: Felling Trailers Sauk Centre, MN W.W. Wallwork Truck Center Fargo, ND $22,450.00 (FOB -Fergus Falls) $23,264.55 (FOB -Fergus Falls) OTC Board of Commissioners' Minutes December 26, 2006 Page 4 Motion by Mosher, second by Froemming, and unanimously carried to authorize purchase of a HHW Mobile Collection Trailer from Felling Trailers, in the amount of $22,450.00, to be paid out of the Solid Waste BudgeUFund as recommended by the Solid Waste Director. Solid Waste Disposal Bonds for the Proposed Ethanol Plant Motion by Nelson, second by Block, and unanimously carried to authorize the appropriate County officials' signatures to execute the following documents for the Solid Waste Disposal Bonds: State of Minnesota Department of Employment and Economic Development Business and Community Development Division Application for Approval of Industrial Development Bond Project Pursuant to Minnesota Statutes, Section 469.152 Through 469.165. (Attachment B of these minutes) MNDEED Letter dated July 5, 2006 Regarding: Proposed Otter Tail County, Revenue Bonds (Ethanol Plant Project), Series 2006. (Attachment C of these minutes) Treatment and Correctional Steering Committee (TCSC) Motion by Mosher, second by Froemming, and unanimously carried to appoint Commissioner Bob Block to the regional Treatment and Correctional Steering Committee with Commissioner Everett Erickson appointed as an alternate. Petition for Crooked Lake Outlet Highway Engineer, Rick West, presented a petition for a proposed outlet into Ditch No. 21 from Crooked Lake. Lengthy discussion took place regarding elevations, capacity of the ditch, and feasibility of the proposed project. Motion by Mosher, second by Froemming, and unanimously carried to accept the petition as presented and entitled PETITION FOR USE OF A DRAINAGE SYSTEM AS AN OUTLET, County Ditch No. 21, dated December 26, 2006. (Attachment D of these minutes) Final Payment-Henning Highway Garage Motion by Nelson, second by Block, and unanimously carried to authorize Final Estimate No. 7, in the amount of $5,000.00, payable to Lee's Construction, Inc. for completion of C.P. 02:G-4 HENN, Henning Highway Garage. 2007 Highway Department Budget Mr. West presented a 2007 Highway Department Budget handout. He briefed the Board on increased costs for maintenance and salt and expressed concern regarding future funding for highway projects. Forgiveness of Penalty Request Motion by Nelson, second by Erickson, and unanimously carried to deny (because there was no error on the part of the County to cause a late payment) the Forgiveness of Penalty request of Edward Aksamit, in the amount of $63.60, for Parcel No. 79-000-99-0032-000. Payment Approval Motion by Nelson, second by Froemming, and unanimously carried to approve payment, in the amount of $111.30, to Wenck Associates, Inc. for services for the Blue Heron Bay Development EIS as describe in Invoice Number 603677 dated October 31, 2006. License Applications OTC Board of Commissioners' Minutes December 26, 2006 Page 5 Motion by Mosher, second by Froemming, and unanimously carried to approve the following applications for license: Battle Lake Cenex Tobacco Battle Lake, MN Koep's Clitherall Corner Clitherall, MN The Corner Store, OTL, Inc. Battle Lake, MN Main Street Gas & Goods Dalton, MN Zorbaz on Pelican Lake Pelican Rapids, MN payment Approvals Tobacco Tobacco Tobacco Tobacco Motion by Block, second by Erickson, and unanimously carried to approve payment from the Capital Improvement Fund, in the amount of $7,178.42, plus applicable Minnesota Sales Tax to CropCam, for the purchase of one CropCam Agricultural UAV (Electric) including the following: Airframe, MP2028g Autopilot, Standard range data link with receiver, GPS Receiver and Antenna, Horizon Version 3.2 Ground Control Software, CropCam Image Software, Manuals, and One Year Technical Support Motion by Block, second by Mosher, and unanimously carried to approve payment from the General Revenue Fund, in the amount of $1,250.00, to Hill & Usher, LLC for Aerial Pak Insurance Coverage for the CropCam Agricultural UAV. Motion by Mosher, second by Nelson, and unanimously carried to approve payment from the Capital Improvement Fund, in the amount of $6,919.07, to Cooper's Technology Group for the shelving in the County Attorney's office. Motion by Nelson, second by Block, and unanimously carried to approve a transfer to the Road and Bridge Fund from the Capital Improvement Fund for the following 2006 Capital Expenditures: 2006 Engineering Costs for Henning Garage and Lot John Deere Model 6420 Tractor with Loader Gas Operated Bituminous Core Drill Battle Lake Garage (New Lights) Total $63,784.68 61,690.00 5,483.30 5,250.00 $136,208.64 Payable 2007 County Drainage System Assessments Motion by Mosher. second by Erickson. and unanimously carried to authorize the following annual County Drainage System repair/maintenance assessments for payable year 2007: OTC Board of Commissioners' Minutes December 26, 2006 Page 6 County Drainage Ditch Drainaqe Ditch No. 04 Drainaqe Ditch No. 05 Drainaqe Ditch No. 11 Drainaqe Ditch No. 12 Drainaqe Ditch No. 21 Drainaqe Ditch No 29 Drainaqe Ditch No 37 Drainage Ditch No. 38 Draina;:ie Ditch No. 43 Draina;:ie Ditch No 52 Drainaqe Ditch No. 53 Drainaqe Ditch No. 56 Drainaqe Ditch No. 63 Otter Tail Wilkin JD No. 2 Total Payable 2006 Pavable 2007 $3,000.00 $3,300.00 $1,250.00 $1,400.00 $500.00 $550.00 $3,000.00 $3,300.00 $2,500.00 $2,800.00 $750.00 $850.00 $2,500.00 $2,800.00 $2,500.00 $2,800.00 $750.00 $850.00 $1,000.00 $1,100.00 $1,500.00 $1,700.00 $1,500.00 $1,700.00 $1,500.00 $1,700.00 $3,500.00 $4,000.00 $25,750.00 $28,850.00 Regional Treatment and Correctional Facility Planning Motion by Block, second by Mosher, and unanimously carried to approve payment, in the amount of $12,926.00, to the Pope County Auditor as previously approved, to be paid out of the General Fund. Transfer of Funds Motion by Nelson, second by Erickson, and unanimously carried to approve a transfer from the General Fund to the Fund 15 (SCDP/Lead Hazard Grant) in the amount of $26,528.92, to cover the December, 2006 expenditures until the grant funds are received in early January, 2007. Receipt/Credit Card Reimbursement Policy Motion by Block, second by Froemming, and unanimously carried to approve the Receipt/Credit Card Reimbursement Policy for County Employees as recommended by Department Heads and attached to these minutes as Attachment E. Adjournment At 12:06 p.m., Chair Froemming declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, January 2, 2007. Dated: otl 02-1 z.oo 7 -~'-'-1-'c-=,.,-..c.-~~---OF COMMISSIONERS Attest: CB/kd 12/26/2006 12:08:39 OTC Board of Commissioners' Minutes December 26, 2006 Attachment A, Page 1 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS £,'QR PUBLICATION IFD66 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 12/26/2006 FOR PAYMENT 12/26/2006 VENDOR NN-1.E ADVANCED POLICE SOFTWARE INC AGGREGATE INDUSTRIES INC ALEXANDRIA TECHNICAL COLLEGE ALL CREATURES VET HOSPITAL AMERIGAS BATTLE LAKE STANDARD BOB'S STANDARD BULK SERVICE BOUND TREE MEDICAL LLC BRAUN VENDING INC CARLISLE TOWNSHIP CITICORP VENDOR FINANCE INC COMMISSIONER OF TRANSPORTATION COOPERS TECHNOLOGY GROUP CUMMINS NPOWER LLC CUTLER MAGNER COMPANY DAN'S EXHAUST PROS DELZER CONSTRUCTION INC FARM & HOME PUBL.ISHERS LTD FERGUS FALLS MEDICAL GROUP FERGUS INTERNATIONAL INC FERRELLGAS GALL'S INC GOVERNMENT FINANCE OFFICERS AS GRAINGER JNC HALL TRUCK CENTER INC ANNETTE HARRINGTON HENRY'S FOODS INC INNOVATIVE OFFICE SOLUTIONS JC ELECTRIC INC KMART DETROIT LAKES NO 3775 KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC LAB SAFETY SUPPLY INC LAKE REGION HEALTHCARE CORP LARRY OTT INC TRUCK SERVICE LAWSON PRODUCTS INC LIEBERMAN CO INC LITTLE FALLS MACHINE INC MARK SAND & GRAVEL CO MICK'S SCUBA INC MIDWESTERN MAT RENT/\L & SUPPLY NATIONAI, BUSINESS SYSTF.MS INC NICE THREADS INC NORTH DAKOTA STATE UNIVERSITY NORTHLA.N'D APPRAISAL SERVICE OFFICE DEPOT OFFICEMAX CONTRACT INC OLYMPIC SALES INC OTTER Tl\IL CO RECYCLING AMOUNT 2,495.00 13,944.69 90.00 160.59 323.61 24.90 72.30 164 .43 33.19 1,092.20 189.86 1,643.70 1,197.38 5,309.31 6,066.93 1,223.51 2,251.50 075,00 4,473.00 7,917.48 238.98 384.33 1·,s.00 230.39 27.96 275.25 69S.52 21.88 76.43 60.23 1,057.77 1,788.35 202.33 513.40 1,160.00 228.29 10,658.42 903.98 5,211.51 172.72 69.60 6,892.63 200.00 23.00 300.00 31 • 0 7 1s·,.11 419.80 106.15 OTC Board of Commissioners' Minutes December 26, 2006 Attachment A, Page 2 12/26/2006 1.2,08:39 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMEN'l'B SYSTEM W.1\.1.i.RANTS E"OR PUEl~ICA'.L'J_ON IFD66 COUNTY 56 PAGE 2 WARRANTS APPROVED ON 12/26/2006 FOR PAYMENT 12/26/2006 VENDOR NAME OTTER TAIL POWER COMPANY OTTERTAIL TRUCKING INC PERHAM AREA EMS PERHAM CO OP CREAMERY PERHAM MEMORIAL HOSPITAL & HOM PITNEY BOWES PRODUCTXVE ALTERNAT..l:VES INC REVIEW ENTERPRISES INC SPRINT STEVE SCIIIERER APPRAISALS STRAND ACE HARDWARE STREICHERS TASER INTERNATIONAL SPENCER '.l'HOMAS TNT REPA:r R INC TRAN"QUI'.LlTY BUILDING SERVICES TRI STAR RECYCLING UGSTAD PLUMBING INC ULTEIG ENGINEERS UNIVERSITY OF MN VETERANS "'INFORMATTON SERVI.CE VICTOR LUNDEEN COMPANY VINYL PRODUCTS MFG INC VOLDEN CONSTRUCTION INC WADENA CO AUDITOR TREASURER WADENA HIDE & FUR COMPANY WELDING SUPPLIES & FIRE EQUIPM WEST PAYMENT CENTER WEST TOQI., & DESIGN INC WHITE 8ANN8R UNIFORM SHOP FINAL ~'OTAL ••. AMOUNT 754.88 l..l.., 444 .40 417.94 I\GS. 41 l.S. 00 2 ·~ig:~6 97.74 61.. 26 600.00 24. 03 J..,607.66 4 50. 00 227.69 J..,.l.S0.7J.. 4S2.63 4,'125.00 43.J..5 ~,20. 04 16,100.00 1. ... 4. 00 l.88.11 l.,926.66 1, ... 67.96 1,561.73 20. 2 ... S0.53 2,081..95 150.00 306.49 $1:11,456-6-4 STATE OF MINNESOTA OTC Board of Commissioners' Minutes December 26, 2006 Attachment B, Page 1 MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION APPLICATION FOR APPROVAL OF INDUSTRIAL DEVELOPMENT BOND PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469.152 THROUGH 469.165 (please submit this form in duplicate -all supporting data in single copy only) Date: July 5, 2006 The governing body of the Otter Tail County , Minnesota, hereby applies to the Minnesota Department of Employment and Economic Development (Department) for approval of a proposed Industrial Development Bond issue as required by Minn. Stat. § 469.152 - 469.165. Address of issuer: Government Services Center 520 W. Fir Ave, Fergus Falls, MN 56537 Telephone: (218) 998-8060 We have entered into preliminary discussions with: Attn: Larry Krohn Fax: (218) 998-8075 Firm: Otter Tail Ag Enterprises, LLC Attorney: _K'"'e""n'-"t'-'D"'.'-'M=at""ts"'o"'"n.,__ _____ _ Address: 1220 N. Tower Road Address: Pemberton Sorlie Kershner P.L.L.P. Rufer & 110 North Mill Street P.O. Box 866 City: Fergus Falls State: MN 56537 City: Fergus Falls State: MN 56538 Name of Project: Ethanol Plant Project This firm is engaged primarily in (nature of business): The firm was created for the purpose of building and operating an ethanol production facility near Fergus Falls, Minnesota. The proceeds from the sale of the Industrial Development Bonds will be used to (describe the project): finance up to $20 million of the acquisition, construction and equipping of the solid waste portion of a natural gas fired dry mill ethanol production facility to be located near Fergus Falls, Minnesota. Address of Project: County Highway 116 about three miles north of Minnesota Highway 210 near Fergus Falls. Minnesota. Acquisition of land and Site Preparation: New construction/ Renovation: Sales Tax and JOBZ wages: Fire Protection and Water Supply and Treatment: Infrastructure including administrative building and , equipment and rail infrastructure: Construction and Consultant Contingency Costs: Organization Costs including Offering Costs: Capitalized Interest and Financing Costs: Start-up, Working Capital and Inventory Costs: Total $ 5 941 690 67 500 000 4 800 000 1 030 000 2 425 000 2 153 310 2 400 000 2 000 000 7 250 000 $ 95 500 000 Construction will begin on or about September 1, 2006, and will be complete on or about June 30, 2008. There will be 40 new jobs created by the project at an annual payroll of approximately $1,500,000, excluding benefits, based upon currently prevailing wages. There are no existing jobs provided by the business. OTC Board of Commissioners' Minutes December 26, 2006 Attachment B, Page 2 Average wage level of the new jobs is $37,500/year. Repayment of the proposed issue will be amortized over a period of 30 years. The following exhibits are furnished with this application and are incorporated herein by reference: 1. An opinion of bond counsel that the proposal constitutes a project under Minn. Stat. § 469.153, subd. 2. 2. A copy of the resolution by the governing body of the issuer giving preliminary approval for the issuance of its revenue bonds and stating that the project, except for a project under Minn. Stat. § 469.153, subd. 2(g) or U) would not be undertaken but for the availability of Industrial Development Bond financing. 3. A comprehensive statement by the municipality indicating how the project.satisfies the public or purpose and policies of Minn. Stat. § 469.152 -469.165. 4. A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project from a financial standpoint. 5. A statement signed by the principal representative of the issuing authority to the effect that upon entering into the revenue agreement, the information required by Minn. Stat. § 469.153, subd. 2(g) or U). 6. A statement signed by the principal representative of the issuing authority that the project does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. 7. A statement signed by a representative of the issuing authority that a public hearing was conducted pursuant to Minn. Stat. § 469.154, subd. 4. The statement shall include the date, time and place of the meeting and certify that a draft copy of this application with all attachments was available for public inspection and that all interested parties were afforded an opportunity to express their views. 8. Copies of notice(s) as published which indicate the date(s) of publication and the newspaper(s) in which the notice(s) were published. 9. Provide a plan for compliance of employment preference of economically disadvantaged or unemployed individuals. (See Minn. Stat. § 469.154, subd. 7.) OTC Board of Commissioners' Minutes December 26, 2006 Attachment B, Page 3 We, the undersigned, are duly appointed representatives of the Otter Tail County. Minnesota and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers or Representatives of Issuing Authority; type or print official's name on the line to the left of the signature line. Thank you.) Roger Froemming County Board Chair Larry Krohn County Coordinator Signature Signature This approval shall not deemed to be an approval by the Department of the State of the feasibility of the project or the terms of the revenue agreement to be executed or the bonds to be issued therefor. Authorized Signature, Minnesota Department of Trade and Economic Development Date of Approval Please return to: fb.us.1331252.01 Minnesota Department of Employment and Economic Development Attn: Paul Moe Office of Business Finance 500 Metro Square Building 121 Seventh Place East St. Paul, Minnesota 55101-2146 Phone: 651-297-1397 Fax: 651-296-5287 OTC Board of Commissioners' Minutes December 26, 2006 Attachment C, Page 1 July 5, 2006 Minnesota Department of Employment and Economic Development Office of Business Finance Attention: Paul Moe 500 Metro Square Building 121 Seventh Place East St. Paul, MN 55101-2146 Re: Proposed otter Tail County, Revenue Bonds (Ethanol Plant Project), Series 2006 Dear Sir or Madam: Otter Tail Ag Enterprises, LLC, a Minnesota limited liability company (the "Borrower"), has requested the issuance by the Otter Tail County (the "County") of the above-referenced revenue bonds (the "Bonds") in an aggregate principal amount of up to $20,000,000. The proceeds of the Bonds would be loaned to the Borrower to finance the costs of acquisition and installation of solid waste disposal facilities (including centrifuge, dryer, evaporator) (the "Facilities") in connection with a proposed ethanol plant having an annual production capacity of approximately 55 million gallons to be located in Otter Tail County near the City of Fergus Falls, Minnesota (the "Project"), and including funding of necessary reserves and financed issuance expenses. Enclosed please find the Application of the County for approval of the Project, in duplicate, including the Preliminary Resolution adopted by the County Board of Commissioners. Based on the representations of the Borrower, the County believes that the Project will be in the public interest and serve a valid purpose under the laws of the State of Minnesota, including the Municipal Industrial Development Act, Minnesota Statutes, Section 469.152 to 469.1651, as amended (the "Act"), by promoting, attracting, encouraging and developing economically sound industry and commerce and by alleviating problems r,elated to solid waste disposal through governmental action. I further certify, in order to provide the information required to be supplied to the Minnesota Department of Employment and Economic Development (the "Department") as Exhibits 5, 6, and 7 to the Application to the Department for approval of the Project, as follows: (1) Upon entering into the revenue agreement for the Project between the County and Otter Tail Ag Enterprises, LLC, all information required by Section 469.154, subd. 5, of the Act will be submitted to the Department. (2) The Project does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. (3) Pursuant to Section 469.154, subd. 4, of the Act, a public hearing was conducted with respect to the Project at the Commissioner's Room at the Otter Tail County Government Services Center, in Fergus Falls, Minnesota on Wednesday, July 5, 2006, at 10:00 a.m., at which hearing all interested parties were afforded an opportunity to express their views, and that, from and after the publication of the notice of public hearing, which publication was made by June 21, 2006, a draft copy of the Application to the Department, with all attachments, was available for public inspection at the County Government Service Center. Chair, Board of Commissioners Otter Tail County, Minnesota OTC Board of Commissioners' Minutes December 26, 2006 Attachment D, Page 1 PETITION FOR USE OF A DRAINAGE SYSTEM AS AN OUTLET SYSTEM PROPOSED TO BE USED: County Ditch No. 21 TO: The Ottt:r Tail County Drainage Authority J, the undersigned petitioner represent to the Otter Tail County Drainage Authority that: I) I propose to construct a private system to lower the water level in Crooked Lake which will outlet into County Ditch No. 21 in Section I 5, Tl 33N-R4 I W (Sverdrup Township) thru a constructed channel/underground pipe and a wetland. 2) I represent that the purpose of this outlet will be to lower Crooked Lake to a point which will allow the Otter Tall County Highway Department to safety operate and maintain County State Aid Highway (CSAH) No. 18. 3) J represent that the proposed outlet structure for Crooked Lake which would consist ofa control structure and a combination of underground pipe and open ditch. The structure will permit the lowering of Crooked Lake to an elevation below the Ordinary High Water elevation of Crooked Lake agreed upon by the Otter Tail County Drainage Authority. The outlet construction would be located in Section 15, Tl 33N-R41 W (Sverdrup Township). 4) The public benefit of the construction of this proposed outlet is to prevent the flooding of the segment of County State Aid Highway No. 18 located in Sections I 5 and 22, Tl 33N- R4 ! W (Sverdrup Township). 5) WHEREAS, I, the petitioner hereinafter signed, do ask the Otter Tail County Drninage Authority for authorization to use County Ditch No. 21 as an outlet for this proposed private drainage project. Dated this 261h day of ~~ Richard West Petitioner Capacity in which I sign: Otter Tail County Engineer \ll.cc\5y5\USl!RS\I IWYSI IJ\lll;ICn.>1,i,;cU l.al,;c 011tlc!\Pctition -County Ditch 21 :~< an Oullc!.Uoc . . OTC Board of Commissioners' Minutes December 26, 2006 Attachment E, Page' 1 Otter Tail County Receipt/Credit Card Reimbursement Policy It is the policy of Otter Tail County that employees using County-issued credit cards must provide receipts of the underlying transaction. The information on the receipt or invoice must show the date of the transaction, the vendor's name, the items purchased and the cost. In situations where the receipt does not describe the item with specificity, the employee should add an explanation describing the items. Specifically, the credit card transaction receipt, which merely shows that the credit card was used, and a total amount of the transaction is not an adequate documentation of the transaction. Employees who are unable to accurately document the use of County credit cards are responsible for the charges. This policy includes the Wright Express Cards used for County vehicles. However, because the credit card statement has documentation of fuel usage, a receipt substitute may be used, signed by the employee and the department head indicating that the employee did in fact use the credit card for the particular fuel transaction. Although receipts are required, in this circumstance, an employee will not be held responsible for the cost. Repeated failure to provide receipts may be cause for discipline. Employees who are unable to accurately document the use of County credit cards are responsible for the charges.