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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/28/2023Board of Commissioners' Meeting Minutes November 28, 2023 OTTER TAIL COUNTY-MINNESOTA BOARD OF CO MM ISSIONERS' MINUTES Government Services Center, Commissioners' Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN November 28, 2023 I 8:30 a.m. CALL TO ORDER The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, November 28, 2023, at the Government Services Center in Fergus Falls, MN. Commissioners Wayne Johnson, Chair; Kurt Mortenson, Vice Chair; Dan Bucholz, Lee Rogness and Bob Lahman were present. APPROVAL OF AGENDA Chair Johnson called for approval of the Board Agenda. Motion by Mortenson, second by Lahman and unanimously carried to approve the Board of Commissioners' agenda of November 28, 2023, with the following additions: General Discussion: Family Resource Center Tour Consent Agenda No. 19 APPROVAL OF CONSENT AGENDA Motion by Rogness, second by Bucholz and unanimously carried to approve the consent agenda items as amended: Page 1 of 33 1. November 14, 2023, Board of Commissioners' Meeting Minutes 2. Warrants/Bills for November 28, 2023 (Exhibit B) 3. Human Services and Public Health Warrants/Bills for November 28, 2023 (Exhibit B) 4. Approval of the issuance of an On-Sale Wine License to ES Ventures dba Oak and Iron Golf for the period of November 29, 2023, through June 30, 2024. 5. Approval of the issuance of an On-Sale 3.2 Malt Liquor License to ES Ventures dba Oak and Iron Golf for the period of November 29, 2023, through June 30, 2024. 6. Approval of the Application and Permit for a 1 Day to 4 Day Temporary On-Sale Liquor License as submitted by American Cancer Society//Relay for Life Otter Tail County for an event scheduled for February 10, 2024, at the Countryside Barn located at 48174 County Highway 53 in Corliss Township. 7. Approval of the issuance of a Renewal 2024 Tobacco License to Lake Community Cooperative dba Battle Lake Cenex 8. Approval of the issuance of a Renewal 2024 Tobacco License to Lake Community Cooperative dba Perham Oasis Travel Plaza 9. Approval of the issuance of a Renewal 2024 Tobacco License to Lake Community Cooperative dba Dent Oasis 10. Approval of the issuance of a Renewal 2024 Tobacco License to Lake Community Cooperative dba Ottertail Oasis Board of Commissioners' Meeting Minutes November 28, 2023 11. Approval of the issuance of a Renewal 2024 Tobacco License to Jeffrey S Olson dba Crossroads Convenience Center 12. Approval to Accept a Donation from Disabled American Veterans 13. Request for Revised Final Payment for SAP 056-667-040 to Anderson Brothers Construction Co. of Brainerd LLC, Brainerd, MN 14. Approval of Sponsoring Agency LRIP Resolution -Dunn Township 15. Approval of Sponsoring Agency LRIP Resolution -Fergus Falls Township 16. Approval of Sponsoring Agency LRIP Resolution -City of Perham 17. Approval of Sponsoring Agency LRIP Resolution -Scambler Township 18. Approval of Sponsoring Agency LRIP Resolution -Tordenskjold & St. Olaf Townships 19. Approval of Sponsoring Agency LRIP Resolution -Everts Township BODY WORN CAMERA PROJECT Motion by Rogness, second by Mortenson and unanimously carried to set a time for the Otter Tail County Sheriffs Office Intent to Purchase and Implement Portable Recording Systems (body cameras) Public Comment for 1 :00 p.m. on Tuesday, December 12, 2023 at the regularly scheduled Board of Commissioners Meeting at the Government Services Center (GSC) in Fergus Falls, MN. RESOLUTION TO APPROVE PARKS AND TRAILS FUND TRANSFERS OTTER TAIL COUNTY RESOLUTION NO. 2023-92 WHEREAS, the Otter Tail County Board of Commissioners previously approved the County's Navigating the Road Ahead program in the areas of: 1) Housing Investment, 2) Workforce and Business, 3) Broadband and Other Infrastructure, 4) Community Resilience and 5) Other County Resource and Asset Investment; and WHEREAS, the Board of Commissioners of the County of Otter Tail support the use of $500,000 general fund balance to finance the goals of the Navigating the Road Ahead Program under the Broadband and Other Infrastructure category for Parks and Trails, such funds made available due to the use of American Rescue Plan (ARP) Act funding for public safety and included in the 2023 budget. NOW THEREFORE BE IT RESOLVED THAT, the Otter Tail County Board of Commissioners hereby approve the following transfer to meet trail fund needs: From General Fund Navigating the Road Ahead to Parks & Trails Fund $500,000 The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 28th day of November 2023. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 12, 2023 Attest: ~li_l~C/(J~/A.))---"--'-~-'-"' ___ _ Nicole Hansen, Clerk Page 2 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 RESOLUTION FOR AMERICAN RESCUE PLAN ACT FUNDS TO BE ALLOCATED FOR ELECTION EQUIPMENT OTTER TAIL COUNTY RESOLUTION NO. 2023-94 WHEREAS, Otter Tail County was allocated $11,410,722 of funding through the American Rescue Plan (ARP) Act funding; and WHEREAS, the ARP Act requires that the payments from the Coronavirus State and Local Fiscal Recovery Funds be used only to cover expenses that: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control • Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs • Support immediate economic stabilization for households and businesses • Water, sewer, and broadband infrastructure • Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic; and WHEREAS, as an eligible use of recovery funds for the provision of general government services, up to $350,000 will be allocated to purchase election equipment to replace aging and obsolete equipment necessary for elections; and WHEREAS, The Otter Tail County Board of Commissioners previously approved the County's allocation of ARP Act funding to be allocated to the Navigating the Road Ahead program in the areas of: 1) Housing Investment, 2) Workforce and Business, 3) Broadband and Other Infrastructure, 4) Community Resilience and 5) Other County Resource and Asset Investment; and authorized the County Administrator to enter into contracts and agreements and execute change orders and amendments to contracts and agreements, in accordance with the County's procurement policies and procedures, provided the amounts are within the limits of the funding with Resolution No. 2021-192 approved on December 21, 2021. NOW THEREFORE BE IT RESOLVED THAT, as an eligible use of recovery funds for the provision of general government services, the Otter Tail County Board of Commissioners supports the allocation of up to $350,000 to purchase election equipment, and it aligns with the Navigating the Road Ahead program. The motion for the adoption of the foregoing resolution was introduced by Commissioner Lahman, duly seconded by Commissioner Mortenson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 28th day of November 2023. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 12, 2023 Attest:/~/'(' 0U,_.Jf~ Nicole Hansen, Clerk Page 3 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 RESOLUTION FOR AMERICAN RESCUE PLAN ACT FUNDS TO BE ALLOCATED FOR HAZARD MITIGATION-EMERGENCY MANAGEMENT OTTER TAIL COUNTY RESOLUTION NO. 2023-93 WHEREAS, Otter Tail County was allocated $11,410,722 of funding through the American Rescue Plan (ARP) Act funding; and WHEREAS, the ARP Act requires that the payments from the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) be used only to cover expenses that: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control • Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs • Support immediate economic stabilization for households and businesses • Water, sewer, and broadband infrastructure • Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic; and WHEREAS, providing effective public safety promotes resilience within a community and directly promotes protection of the health, safety and welfare of all residents and visitors while mitigating risk and liability; and WHEREAS, Otter Tail County recognizes the importance of eliminating the potential for catastrophic losses and impacts to life and property; and WHEREAS, the 2023 Otter Tail County Multi-Hazard Mitigation Plan includes a risk assessment and vulnerability analysis of the County, cities and communities; and WHEREAS, the Hazard Mitigation Partnership Grant Program will provide financial support to implementing mitigation actions in cities, townships, school districts, and other entities located within the County; and WHEREAS, the goal of the program is to eliminate or reduce the long-term risk to human life and property resulting from severe winter and summer storms through identified strategies; and WHEREAS, the Otter Tail County Board of Commissioners previously approved the County's allocation of ARP Act funding to be allocated to the Navigating the Road Ahead program in the areas of: 1) Housing Investment, 2) Workforce and Business, 3) Broadband and Other Infrastructure, 4) Community Resilience and 5) Other County Resource and Asset Investment; and authorized the County Administrator to enter into contracts and agreements and execute change orders and amendments to contracts and agreements, in accordance with the County's procurement policies and procedures, provided the amounts are within the limits of the funding with Resolution No. 2021-192 approved on December 21, 2021. NOW THEREFORE BE IT RESOLVED THAT, as an eligible use of recovery funds, the Otter Tail County Board of Commissioners supports the allocation of up to $250,000 for public safety and hazard mitigation, and it aligns with the Navigating the Road Ahead program. The motion for the adoption of the foregoing resolution was introduced by Commissioner Bucholz, duly seconded by Commissioner Lahman and, after discussion thereof and upon vote being taken thereon, passed unanimously. Page 4 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 Adopted at Fergus Falls, MN this 28th day of November 2023. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 12, 2023 Attest /b ·~,au_J./,tuy}t.-- Nicole Hansen, Clerk PHELPS MILL FESTIVAL REVIEW Phelps Mill Country President Jerome Holicky presented a report on the 2023 Phelps Mill Festival. Holicky provided income and expenses highlighting an overall profit for the 2023 festival. He noted the entrance fee was increased from $5.00 to $8.00 with free admission for children 12 years and under and that Saturday attendance was also up from 2022. Phelps Mill Country received positive feedback on the Mill from festivalgoers with suggestions of having more information about the Mill readily available to the public. Holicky and the Board discussed ideas on how to best to provide that for the future. CERTIFICATION OF EASEMENTS US Fish & Wildlife Service (USFWS) Representatives appeared before the Board and requested certification of five (5) wildlife habitat protection easements. Documentation was previously submitted regarding the requests. Motion by Mortenson, second by Bucholz and unanimously carried to approve certification for the USFWS to secure the following easements: Jeremy and Hannah Schmidgall -Habitat Easement -T. 132N., R. 39W , !Jh P. M.: Section 12, Part of the Northwest Quarter of the Northwest Quarter (NW1 /4NW1/4 ), and Part of the Southwest Quarter of the Northwest Quarter (SW1/4NW1/4), North of the abandoned railroad tracks and Highway Right of Way. Douglas and Pamela Biorklund -Habitat Easement -T. 133 N., R. 38W, !Jh P. M.: Section 4, Part of the Southwest Quarter (SW1 /4 ). Daniel and Tonya Zierden-Wetland Easement-T. 133 N., R. 42W, !Jh P.M.: Section 17, Part of the Southwest Quarter of the Northwest Quarter (SW1 /4NW1 /4 ), together with Part of the Northwest Quarter of the Southwest Quarter (NW1 /4SW1 /4 ). Tvler and MarcvLynn Neumann -Wetland Easement-T. 132. R. 42: Section 16, Part of the Southwest Quarter of the Southwest Quarter (SW1/4SW1 /4 ), the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) and Sublets Four (4) and Eleven (11) with distances as presented. Robert and Peggy Nordstrom -Wetland Easement -T. 133 N .. R. 42W . !Jh P. M.: Section 15, the West 560 feet of Government Lot Five (5), as measured at right angles to and parallel with the north-south quarter line. MNDOT RESOLUTION OTTER TAIL COUNTY RESOLUTION NO. 2023-95 IT IS RESOLVED THAT, Otter Tail County enter into MnDOT Agreement No. 1054669 with the State of Minnesota, Department of Transportation for the following purposes: Page 5 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 To provide electrical energy responsibilities of Lighting System on Trunk Highway (TH} No. 10 at County State Aid Highway No. 60. IT IS FURTHER RESOLVED THAT, the County Board Chair and the County Board Clerk are authorized to execute the Agreement and any amendments to the Agreement. The motion for the adoption of the foregoing resolution was introduced by Commissioner Bucholz, duly seconded by Commissioner Lahman and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 28th day of November 2023. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 12, 2023 Attest k1 1 t,Q/,u I-/ /1,,--/~ Nicole Hansen, Clerk OUTDOOR LIGHTING & MUNICIPAL SERVICES AGREEMENT Motion by Rogness, second by Mortenson and unanimously carried to authorize appropriate County Officials' to execute the agreement between Otter Tail County and Otter Tail Power Company for the outdoor lighting and municipal services on the County State Aid Highway (CSAH) 1 (Fir Avenue) and Friberg Avenue roundabout project. SPECIFIC SERVICE SIGNING POLICY RESOLUTION OTTER TAIL COUNTY RESOLUTION NO. 2023-96 WHEREAS, it appears to the Otter Tail County Board of Commissioners that the County's current informational signing system covered under the Otter Tail County Policy on Resort Signs on Local Roads that was first established in the 1970's and was last revised on February 21, 2006, is dated and has served its purpose; and WHEREAS, the County Highway Department is proposing to update the informational signing system with a system that will better serve the public as well as the businesses and entities involved and that is currently used by several other Minnesota Counties and the Minnesota Department of Transportation known as Specific Service Signing. NOW THEREFORE BE IT RESOLVED THAT, the Otter Tail County Board of Commissioners revoke the current Otter Tail County Policy on Resort Signs on Local Roads and that the Specific Service Signing Policy be adopted to modernize the informational signing system in Otter Tail County. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Lahman and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 28th day of November 2023. Page 6 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 12, 2023 Attest: lb btJLLi/~ Nicole Hansen, Clerk RECESS & RECONVENE At 9:23 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:31 a.m. PENAL TY ABATEMENT REQUEST Motion by Mortenson, second by Lahman and motion carried with Rogness absent to approve the request of Louis Courneya for the abatement of accrued penalty in the amount of $40.24 for the late payment of the second half property taxes for Parcel No. 32-000-07-0055-013 located in Hobart Township as the reasons stated fall in line with the County's hardship policy. 2023A BONDS SALE RESOLUTION OTTER TAIL COUNTY RESOLUTION NO. 2023-97 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 Government Services Center in Fergus Falls, Minnesota, on Tuesday, November 28, 2023, at 8:30 o'clock A.M. The following members were present: Commissioners Wayne Johnson, Lee Rogness, Dan Bucholz, Kurt Mortenson, Robert Lahman and the following were absent: none. The Chair announced that the meeting was open for the purpose of considering proposals for the purchase of $11,195,000 General Obligation Transportation Sales Tax Revenue Bonds, Series 2023A. Proposals were submitted as shown in Exhibit A attached hereto. After due consideration of the proposals, Commissioner Lee Rogness introduced the following written resolution and moved its adoption: RESOLUTION AWARDING SALE OF $11,195,000 GENERAL OBLIGATION TRANSPORTATION SALES TAX REVENUE BONDS, SERIES 2023A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the Board of Commissioners (the "Board") of Otter Tail County, Minnesota (the "County"), as follows: Section 1. Authorization; Sale of Bonds. 1.1. It is hereby determined that, pursuant to authority granted by Minnesota Statutes, Section 297A.993 and Chapter 475, as amended (collectively, the "Act"), that the County is authorized to issue its General Obligation Transportation Sales Tax Revenue Bonds, Series 2023A (the "Bonds") to finance various road and transportation facility projects and improvements pursuant to an approved capital improvement plan authorized under Minnesota Statutes, Section 373.40. Page 7 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 1.2. Pursuant to Resolution No. 2023-41 adopted by the Board on May 23, 2023, the Board updated the County's Transportation Plan and Sales Tax Project List. 1.3. Following published notice and a public hearing according to the Act and Minnesota Statutes, Section 373.40, the Board, pursuant to a resolution adopted on November 14, 2023, approved an amendment to the Capital Improvement Plan for the years 2024 through 2028 (the "Plan"), as presented to the Board, and authorized the issuance of General Obligation Transportation Sales Tax Revenue Bonds in the aggregate principal amount not to exceed $11,720,000, for the purpose of providing funds for the following capital improvements under the Plan and for the payment of costs of issuance of such bonds: Road and Transportation Facility Projects -a portion of the road and transportation facility projects/improvements identified in the "Otter Tail County 2040 Transportation Plan" updated and approved on May 23, 2023, are now part of the Plan, including but not limited to improvements to CSAH 1 roundabout at Fir Ave., CSAH 1 reconstruction between CSAH 2 and 1-94, CSAH 24 between Hwy 59 and CSAH 3, CSAH 80 between NE and SE intersections with Hwy 10, CSAH 35 between CSAH 18 and CSAH 1, CSAH 35 between Hwy 108 and 0.2 mi. South of Vergas and the North Central Garage Facility. 1.3. Award of Sale. The Board has determined that it is in the best interest of the County to issue the Bonds. The proposal of TD Securities (USA) LLC to purchase the $11,195,000 General Obligation Transportation Sales Tax Revenue Bonds, Series 2023A, of the County, as described in the Terms of Proposal distributed to prospective purchasers, is hereby found and determined to be a favorable proposal, and shall be and is hereby accepted, said proposal being to purchase Bonds at a price of $11,582,101.40 plus accrued interest to the date of delivery. The Bonds shall bear interest as set forth in paragraph 1.4. 1.4. Bond Terms. The Bonds shall be in the aggregate principal amount of $11,195,000, be dated December 20, 2023, 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, 2024, 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: Yearof Interest Year of Interest Maturify Amount Rate Maturify Amount Rate 2025 $295,000 5.00% 2035 $570,000 4.00% 2026 370,000 5.00 2036 590,000 4.00 2027 385,000 5.00 2037 615,000 4.00 2028 410,000 5.00 2038 640,000 4.00 2029 430,000 5.00 2039 665,000 4.00 2030 450,000 5.00 2040 690,000 4.00 2031 470,000 5.00 2041 715,000 4.00 2032 495,000 5.00 2042 750,000 4.00 2033 520,000 5.00 2043 780,000 4.00 2034 550,000 4.00 2044 805,000 4.00 All Bonds maturing on or after February 1, 2034, 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, 2033 and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive Page 8 of 33 ~ ?,,UE~N!~,~ Board of Commissioners' Meeting Minutes November 28, 2023 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 maturities of the Bonds are combined with the maturities of the County's outstanding general obligation bonds for the purpose of compliance with Minnesota Statutes, Section 475.54 Section 2. Registration and Paying Agent. 2.1. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.2. Dates: Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2024, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.3. Registration. The County will appoint and maintain a bond registrar, transfer agent, authenticating agent and paying agent ("Registrar''). The effect of registration and the rights and duties of the County and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. ( c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly canceled by the Registrar and thereafter disposed of as directed by the County. (e) Impro per or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement Page 9 of 33 ~ caue~_;r~~ Board of Commissioners' Meeting Minutes November 28, 2023 on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The County and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in fonn, substance and amount satisfactory to it and as provided by law, in which both the County and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be canceled by the Registrar and evidence of such cancellation must be given to the County. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its tenns it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.4. Appointment of Initial Registrar. The County appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar and paying agent. The Chair and the County Administrator are authorized to execute and deliver, on behalf of the County, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The County agrees to pay the reasonable and customary charges of the Registrar for the services perfonned. The County reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Board, the County Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. Page 10 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 Section 3. Bond Form. The Bonds, the Registrar's Certificate of Authentication and Registration and the form of assignment shall be in substantially the following form: No. R-_ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF OTTER TAIL $ __ GENERAL OBLIGATION TRANSPORTATION SALES TAX REVENUE BOND, SERIES 2023A Maturity February 1, 20_ REGISTERED OWNER: CEDE & CO. Date of Original Issue December 20, 2023 PRINCIPAL AMOUNT: _______ DOLLARS CUSIP The County of Otter Tail, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the Maturity Date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from December 20, 2023, 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, 2024, until said principal amount is paid. Principal is payable in lawful money of the United States of America at the office of Bond Trust Services Corporation, in Roseville, Minnesota, as Registrar or of a successor Registrar designated by the County, which designation shall be made upon notice of 60 days to the Registered Owners at their registered addresses. Interest is payable to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at the registered owner's address set forth on the registration books maintained by the Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Registrar. For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the County have been and are hereby irrevocably pledged. The Bonds of this series maturing on or after February 1, 2034, 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, 2033, 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 a series of bonds issued by the County in the aggregate principal amount of $11,195,000, all of like date and tenor except as to number, maturity date, interest rate and redemption Page 11 of 33 ~ 2!JJ:~N!~~~ Board of Commissioners' Meeting Minutes November 28, 2023 privilege, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, the authority contained in Minnesota Statutes, Section 297A.993 and Chapter 475, as amended, the County's Capital Improvement Plan approved by the Board on November 14, 2023 (the "Plan") and a authorizing resolution adopted by the Board on November 28, 2023 (the "Resolution"). This Bond is issued for the purposes of providing money to finance various road and transportation facility projects and improvements described in the County's Transportation Plan and Project List and the Plan. The Bonds of this issue are payable from the revenues generated by the County's transportation sales tax imposed by the County pursuant to Minnesota Statutes, Section 297 A.993, as further described in the Resolution (the 'Transportation Sales Tax Revenues"), but this Bond constitutes a general obligation of the County and the full faith and credit of the County are irrevocably pledged for payment of this Bond and the Board of Commissioners of the County has obligated itself to levy ad valorem taxes on all taxable property in the County in the event of any deficiency, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the 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 County and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the County nor the Bond Registrar will be affected by any notice to the contrary. 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, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the County in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the County to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, Otter Tail County, Minnesota, by its Board of Commissioners, has caused this Bond to be executed in its behalf by the facsimile signature of the Chair and by the facsimile signature of the County Administrator, all as of the Date of Original Issue specified above. Page 12 of 33 OTTERTAIL COUNTY -MINNESOTA Board of Commissioners' Meeting Minutes November 28, 2023 OTTER TAIL COUNTY, MINNESOTA By _ __.("-F=ac=s=im"-"-"ile"-S=""-ig"'"'n=at=u""""re""'),__ ____ _ Chair, Board of County Commissioners By (Facsimile Signature} County Administrator REGISTRAR'S CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within mentioned Resolution, and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above. Dated: December 20, 2023 BOND TRUST SERVICES CORPORATION, Bond Registrar By _______________ _ Authorized Signature ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints __________ , attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ---------- Please Insert Social Security Number or Other Identifying Number of Assignee 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. Page 13 of 33 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. Section 4. Execution and Delivery . Board of Commissioners' Meeting Minutes November 28, 2023 The Bonds shall be prepared in printed form under the direction of the County Administrator and when so prepared shall be executed on behalf of the County by the manual or facsimile signature of the Chair and by the manual or facsimile signature of the County Administrator. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. The Bonds initially issued hereunder shall be registered as of the date of issuance, and all Bonds issued in exchange therefor shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was paid or duly provided for. When the Bonds shall have been so prepared and executed, they shall be delivered to the purchaser by the County Administrator or the Administrator's designee(s) upon receipt of the purchase price and accrued interest and the signed legal opinion of Kutak Rock LLP, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. Section 5. Registration and Transfer. As long as any of the Bonds issued hereunder shall remain outstanding, the County shall maintain and keep at the office of the Registrar an office or agency for the payment of the principal of and interest on the Bonds, as in this Resolution provided, and for the registration and transfer of the Bonds, and shall also keep at the office of the Registrar books for such registration and transfer. Upon surrender for transfer of any Bond at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the County shall execute and the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series and maturity date, of any authorized denominations of a like aggregate principal amount, maturity and interest rate. The Bonds, upon surrender thereof at the office of the Registrar, may at the option of the registered owner thereof be exchanged for an equal aggregate principal amount of Bonds of the same maturity date and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the County shall execute and the Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the County or the Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the County or the Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the County. The County and the Registrar shall not be required to make any transfer or exchange of any Bonds during the fifteen (15) days next preceding any February 1 or August 1 interest payment date. Section 6. Payment: Security: Pledges and Covenants. Board of Commissioners' Meeting Minutes November 28, 2023 6.1. Payment. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond ( or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the County in any lawful manner, if, after notice given by the County to the Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 6.2. Revenue Fund. The County imposes a transportation sales tax at the rate of one-half of one percent on retail sales and uses taxable under Minnesota Statutes, Chapter 297 A (the "Transportation Sales Tax Revenues"). Transportation Sales Tax Revenues may be pledged for the payment of principal and interest on general obligation bonds issued to finance road and transportation facility projects authorized by the Plan orto pay the costs of such road and transportation facility projects. The County has established and maintains the Road and Bridge Fund (Fund NO. 10) (the "Revenue Fund") into which the Transportation Sales Tax Revenues are deposited. The County hereby pledges the Transportation Sales Tax Revenues to the repayment of the principal of and interest on the Bonds and on any additional bonds of the County issued pursuant to the Act. Any remaining Transportation Sales Tax Revenues after annually funding the Debt Service Fund, and other funds for which Transportation Sales Tax Revenues are pledged, may be used to pay other costs of such road and transportation facility projects. 6.3. Construction Fund. There is hereby created a separate construction account which is hereby designated as the "Transportation Sales Tax Revenue Bonds Series 2023A Construction Account" in the Construction Fund (the "Construction Account"), to which there shall be credited $11,500,826.40 of the proceeds of the Bonds. The funds in the Construction Account should be used solely to pay costs of the Project. 6.4. Debt Service Fund. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to provide adequate and specific security for the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "Transportation Sales Tax Revenue Bonds Series 2023A Debt Service Fund" (the "Debt Service Fund") to be administered and maintained by the County Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the County. The Debt Service Fund shall be maintained in the manner herein specified until the Bonds have been fully paid. There shall be deposited in the Debt Service Fund: (a) the Transportation Sales Tax Revenues, which are hereby irrevocably appropriated and pledged to the payment of principal and interest on the Bonds on a parity with any other obligations of the County heretofore or hereafter issued which are payable from such revenues, which shall be periodically deposited in the Debt Service Fund in such amounts sufficient to provide payment of all interest and principal when due on the Bonds; (b) any taxes levied under Section 6.6 hereof to the extent necessary to pay the principal of and interest on the Bonds; (c) investment earnings on funds in the Debt Service Fund; and (d) any and all other moneys which are properly available and are appropriated by the County to the Debt Service Fund. If any payment of principal or interest on the Bonds will become due Page 15 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 when there is not sufficient money in the Debt Service Fund to pay the same, the County Treasurer will pay such principal or interest from the general fund of the County, and the general fund will be reimbursed for such advances out of available Transportation Sales Tax Revenues or the proceeds of taxes levied pursuant to Section 6.6 hereof, when collected. The Debt Service Fund shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the County hereafter issued by the County and made payable from said account as provided by law. 6.5. It is determined that the estimated revenues generated by the County's transportation sales tax pledged to the payment of the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and other obligations payable therefrom. 6.6. The Bonds are general obligations of the County to which the full faith, credit and unlimited taxing power of the County are hereby pledged. The Board of Commissioners of the County shall levy general ad valorem taxes on all taxable property in the County, if necessary, to pay the principal of and interest on the Bonds when due. 6.7. The County Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 7. Ownership of Bonds. As to any Bond, the County and the Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the County nor the Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. Section 8. Book-Entry System. (a) For purposes of this paragraph 8, the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. Page 16 of 33 "DTC" shall mean The Depository Trust Company of New York, New York. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ~J OTTER TAIL 'lrJ COUNTY-MINNESOTA Board of Commissioners' Meeting Minutes November 28, 2023 "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 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 OTC 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 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 seNices with respect to the Bonds at any time by giving notice to the County and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (e) hereof. (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of 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. Page 17 of 33 OTTERTAIL COUNTY -MINNESOTA Board of Commissioners' Meeting Minutes November 28, 2023 (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. Section 9. Payment of Issuance Expenses. The County authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of costs of issuance expenses to Registrar, on the closing date for further distribution as directed by Ehlers and Associates, Inc. Section 10. Authentication of Transcript. 10.1. The officers of the County are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the County relating to the Bonds and to the financial condition and affairs of the County, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the County as to the facts stated therein. 10.2. Official Statement. The Preliminary Official Statement relating to the Bonds, on file with the County Administrator and presented to this meeting, is hereby approved, and the County ratifies and confirms its designation of the Preliminary Official Statement as a "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 Chair and County Administrator of the County, or any other officer of the County are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 10.3. Continuing Disclosure. The County is an obligated person with respect to the Bonds. The County hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, to perform its obligations under the Continuing Disclosure Certificate (the "Certificate") attached to the official statement. The Chair and County Administrator of the County, or any other officer of the County authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the County the Certificate in substantially the form presented to the Board subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. Section 11. Section 12. Registration. The County Auditor shall register the Bonds in their office as required by law. Tax Covenants. 12.1. The County covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary Page 18 of 33 Board of Commissioners' Meeting Minutes November 28, 2023 to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 12.2. The County will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 12.3. The County further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 12.4. The County will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 13. Post-Issuance Compliance Policy and Procedures. The Board has previously adopted the Post- Issuance Tax Compliance Procedures to ensure that the County satisfies and meets all applicable post-issuance requirements of federal income tax law needed to preserve the tax-exempt status of the Bonds. The County reserves the right to use its discretion as necessary and appropriate to make exceptions or request additional provisions as it may determine. The County also reserves the right to change these policies and procedures from time to time, without notice. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Kurt Mortenson and upon vote being taken thereon the following voted in favor thereof: Commissioners Wayne Johnson, Lee Rogness, Dan Bucholz, Kurt Mortenson, Robert Lahman and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Adopted at Fergus Falls, MN this 28th day of November 2023. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 12, 2023 Attest J/ '(!,{J/,uJ./-WJ;JL-, Nicole Hansen, Clerk FAMILY RESOURCE CENTER TOUR Commissioners, Administration, the Health and Wellness team, and various community members participated in a tour of the Scott County Family Resource Center in Shakopee, MN. Commissioners discussed the benefits of a similar center for Otter Tail County and how a model could be developed to ensure availability and accessibility of services offered and explore ways to bring resources, assistance, and services directly to families. PUBLIC HEARING At 10:04 a.m. Chair Johnson opened the Public Hearing regarding the 2024 Proposed Countywide Fee Schedule. Chair Johson asked for comments from the public. One comment was made asking for clarification as to why the 1 to 4 Day Temporary On-Sale Liquor License fee was not listed on the fee schedule and why a four-day license is necessary for a one-day event. County Auditor-Treasurer Wayne Stein clarified that Minnesota Statute 340A.404, Subd. 10 provides the County with the authority to establish the temporary on- Page 19 of 33 ~ ~!JJ:~.r~~ Board of Commissioners' Meeting Minutes November 28, 2023 sale license fee. The County can issue three four-day, four three-day, six two-day or 12 one-day temporary licenses in any combination, not to exceed 12 days per year. The County's fee is the same regardless of the number of days requested in the application as the administrative effort is the same. Stein noted that there are a small number of applications submitted annually and the omission on the fee schedule was an oversight. The fee will be added to the Fee Schedule prior to adoption on December 12th. The Public Hearing was closed at 10:12 a.m. ADJOURNMENT At 10:27 a.m., Chair Johnson declared the Otter Tail County Board of Commissioners meeting adjourned. The next regular Board meeting is scheduled at 12:00 p.m. on Tuesday, December 12, 2023, at the Government Services Center in Fergus Falls and via livestream. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 12, 2023 Attest: . l1 • & Ju )I U/v.J,<..._,, Nicole Hansen, Clerk Page 20 of 33 November 27, 2023 SALE DAY REPORT FOR: Board of Commissioners' Meeting Minutes November 28, 2023 (Exhibit A) Otter Tail County, Minnesota $11,195,000 General Obligation Transportation Sales Tax Revenue Bonds, Series 2023A Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, MN 55113 Nick Anhut, Senior Municipal Advisor Bruce Kimmel, Senior Municipal Advisor BUILDING COMMUNITIES. IT'S WHAT WE DO. PURPOSE: RATING: Competitive Sale Results To finance County highway and highway facility improvements eligible for the County's Transportation Sales Tax S&P Global Ratings "AA" NUMBER OF BIDS: 11 LOW BIDDER: TD Securities (USA) LLC, New York, New York LOW BID:* HIGH BID: NOTES: COMPARISON FROM LOWEST TO HIGHEST BID: (TIC as bid) 3.8085% 4.0556% Summary of Sale Results: Principal Amount*: $11,195,000 Reoffering Premium: $476,661 Underwriter's Discount: ($89,560) Costs of Issuance: ($81,275) Net Proceeds Deposited for Projects: $11,500,826 True Interest Cost: 3.8034% Yields: 3.10%-4.08% Total Net Principal and Interest: $16,816,656 Bond Trust Services Corporation, Roseville, Minnesota will serve as Paying Agent on the Bonds. The Bonds maturing February 1, 2034 and thereafter are callable February 1, 2033 or any date thereafter. * Subsequent to bid opening, the issue size was decreased to $11,195,000. CLOSING DA TE: December 20, 2023 BOARD OF COMMISSIONERS ACTION: Adopt a resolution awarding the sale of $11,195,000 General Obligation Transportation Sales Tax Revenue Bonds, Series 2023A. SUPPLEMENTARY ATTACHMENTS • Bid Tabulation • Sources and Uses of Funds • Updated Debt Service Schedules Sale Day Report for Otter Tail County, Minnesota BID TABULATION $11,720,000* General Obligation Transportation Sales Tax Revenue Bonds, Series 2023A Otter Tail County, Minnesota Rating: S&P Global Ratings "AA" NAME OF BIDDER TD SECURITIES (USA) LLC New York, New York SALE: November 27, 2023 AWARD: TD SECURITIES (USA) LLC MATURITY (February 1) REOFFERING COUPON YIELD RATE 2025 3.340% 5.000% 2026 3.260% 5.000% 2027 3.140% 5.000% 2028 3.100% 5.000% 2029 3.100% 5.000% 2030 3.100% 5.000% 2031 3.100% 5.000% 2032 3.100% 5.000% 2033 3.140% 5.000% 2034 3.270% 4.000% 2035 3.350% 4.000% 2036 3.490% 4.000% 2037 3.620% 4.000% 2038 3.740% 4.000% 2039 3.810% 4.000% 2040 3.880% 4.000% 2041 3.930% 4.000% 2042 4.010% 4.000% 2043 4.020% 4.000% 2044 4.080% 4.000% * Subsequent to bid opening the issue size was decreased to $11,195,000. Tax Exempt-Non-Bank Qualified TRUE INTEREST PRICE RATE $12,119,010.80 3.8085% Adjusted Price -$11,582,101.40 Adjusted Net Interest Cost -$5,234,554.29 Adjusted TIC -3.8034% BUILDING COMMUNITIES. IT'S WHAT WE DO. li3) info@ehlers-inc.com ~ 1 (800) 552-1171 (I) www.ehlers-inc.com NAME OF BIDDER RAYMOND JAMES & AS SOCIA TES, INC. St. Petersburg, Florida HILLTOPSECURITIES Dallas, Texas THE BAKER GROUP Oklahoma City, Oklahoma BOK FINANCIAL SECURITIES, INC. Milwaukee, Wisconsin BAIRD Milwaukee, Wisconsin J.P. MORGAN SECURITIES LLC New York, New York KEYBANC CAPITAL MARKETS IN CORPORA TED Cleveland, Ohio RBC CAPITAL MARKETS, LLC New York, New York MESIROW FINANCIAL, INC. Chicago, Illinois UMBBANK,N.A. Kansas City, Missouri Bid Tabulation Otter Tail County, Minnesota MATURITY (February 1) PRICE $12,246,967.10 $12,297,967.06 $12,216,366.01 $12,409,514.65 $12,208,954.40 $12,329,030.38 $12,225,136.45 $12,337,195.40 $12,205,344.80 $12,546,994.05 $11,720,000* General Obligation Transportation Sales Tax Revenue Bonds, Series 2023A TRUE INTEREST RATE 3.8331% 3.8452% 3.8608% 3.8932% 3.8940% 3.8952% 3.9111% 3.9446% 3.9779% 4.0556% November 27, 2023 Page 2 Otter Tail County, Minnesota $11,195,000 G.O. Transportation Sales Tax Revenue Bonds, Series 2023A Issue Summary Total Issue Sources And Uses Dated 12/20/2023 I Delivered 12/20/2023 Highway Highway Facilities Road Issue Projects Projects Summary Sources Of Funds Par Amount of Bonds $4,~85,000.00 $6,8 I 0,000.00 $1 l,195,000.00 Reoffering Premium 187,044.50 289,616.90 476,661.40 Total Sources $4,572,044.50 $7,099,616.90 $11,671,661.40 Uses Of Funds Total Underwriter's Discount (0.800%) 35,080.00 54,480.00 89,560.00 Costs oflssuance 36,138.10 ~ 13 6.90 81,275.00 Deposit to Project Construction Fund 4,500,826.40 7,000,000.00 11,500,826.40 Total Uses $4,572,044.50 $7,099,616.90 $11,671,661.40 Series2023AGOTranspSa J lssueSummary 111/27/2023 11:03PM EHLERS PUBLIC F NANCE V iSORS Otter Tail County, Minnesota $11,195,000 G.O. Transportation Sales Tax Revenue Bonds, Series 2023A Issue Summary Debt Service Schedule Date 12/20/2023 08/01/2024 02/01/2025 08/01/2025 02/01/2026 08/01/2026 02/01/2027 08/01/2027 02/01/2028 08/01/2028 02/01/2029 08/01/2029 02/01/2030 08/01/2030 02/01/2031 08/01/2031 02/01/2032 08/01/2032 02/01/2033 08/01/2033 02/01/2034 08/01/2034 02/01/2035 08/01/2035 Principal 295,000.00 370,000.00 385,000.00 410,000.00 430,000.00 450,000.00 470,000.00 495,000.00 520,000.00 -550,000.00 570,000.00 _O~/Q]/203§_ ________ 590,000.00 08/01/2036 02/01/2037 08/01/2037 02/01/2038 08/01/2038 02/01/2039 08/01/2039 02/01/2040 08/01/2040 02/01/2041 08/01/2041 02/01/2042 08/01/2042 02/01/2043 08/01/2043 02/01/2044 Total Yield Statistics Bond Year Dollars ----------------- Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) 615,000.00 640,000.00 665,000.00 690,000.00 715,000.00 750,000.00 780,000.00 805,000.00 $11,195,000.00 Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) IRS Form 8038 Net Interest Cost Weighted Average Maturity Coupon 5.000% 5.000% 5.000% 5.000% 5.000% 5.000% 5.000% 5.000% 5.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% Series 2023A GO Transp Sa I Issue Summary I 11/27/2023 I 1:03 PM Interest Total P+I Fiscal Total 298,380.69 298,380.69 243,025.00 538,025.00 836,405.69 235,650.00 235,650.00 235,650.00 605,650.00 841,300.00 226,400.00 226,400.00 226,400.00 611,400.00 837,800.00 216,775.00 216,775.00 216,775.00 626,775.00 843,550.00 206,5~,QQ . 106,525.00 206,525.00 636,525.00 843,050.00 195,775.00 195,775.00 195,775.00 645,775.00 841,550.00 184,525.00 184,525.00 184,525.00 654,525.00 839,050.00 172,775.00 172,775.00 172,775.00 667,775.00 840,550.00 160,400.00 160,400.00 160,400.00 680,400.00 840,800.00 147,400.00 ____ 142,_4!)0.0_o_ ______ _ 147,400.00 697,400.00 136,400.00 136,400.00 136,400.00 706,400.00 125,000.00 125,000.00 125,000.00 715,000.00 113,200.00 113,200.00 113,200.00 728,200.00 100,900.00 100,900.00 100,900.00 740,900.00 88,100.00 ~00.00 88,100.00 753,100.00 74,800.00 74,800.00 74,800.00 764,800.00 61,000.00 61,000.00 61,000.00 776,000.00 46,700.00 46,700.00 46,700.00 796,700.00 31,700.00 31,700.00 31,700.00 811,700.00 16,100.00 16,100.00 16,100.00 821,100.00 $5,621,655.69 $16,816,655.69 844,800.00 842,800.00 840,000.00 841,400.00 841,800.00 841,200.00 839,600.00 837,000.00 843,400.00 843,400.00 837,200.00 $13~279.99 12.084 Years 4.1555709% 3.8694226% ·--------·-3.8034938% ---------- 3.7080876% 3.8810214% 3.7003914% 11.913 Years Otter Tail County, Minnesota $11,195,000 G.O. Transportation Sales Tax Revenue Bonds, Series 2023A Issue Summary Tax Levy Schedule Tax Tax Bond Levy Collect Pay Sales Tax Year Year Year Total P+I Net New D/S P&l ~105% Revenue Net Levy 2022 2023 2024 2023 2024 2025 836,405.69 836,405.69 878,225.97 878,225.97 2024 2025 2026 841,300.00 841,300.00 883,365.00 883,365.00 2025 2026 2027 837,800.00 837,800.00 879,690.00 879,690.00 2026 2027 2028 8_!12_50.00 843,550.00 8~,727.50 885,727.50 2027 2028 2029 843,050.00 843,050.00 885,202.50 885,202.50 2028 2029 2030 841,550.00 841,550.00 883,627.50 883,627.50 2029 2030 2031 839,050.00 839,050.00 881,002.50 881,002.50 2030 2031 2032 840,550.00 840,550.00 882,577.50 882,577.50 2031 2032 2033 840.fil)Q.00 840,800.00 882,840.00 882,840.00 2032 2033 2034 844,800.00 844,800.00 887,040.00 887,040.00 2033 2034 2035 842,800.00 842,800.00 884,940.00 884,940.00 2034 2035 2036 840,000.00 840,000.00 882,000.00 882,000.00 2035 2036 2037 841,400.00 841,400.00 883,470.00 883,470.00 2036 2037 2038 841,800.00 841,800.00 883,890.00 883,890.00 2037 2038 2039 841,200.00 841,200.00 883,260.00 883,260.00 2038 2039 2040 839,600.00 839,600.00 881,580.00 881,580.00 2039 2040 2041 837,000.00 837,000.00 878,850.00 878,850.00 2040 2041 2042 843,400.00 843,400.00 885,570.00 885,570.00 2041 2042 2043 843,400.00 843,400.00 885,570.00 885,570.00 2042 2043 2043 --837,200.00 837,200.00 879,060.00 879,060.00 Total $16,816,655.69 $16,816,655.69 $17,657,488.47 SI 7,657,488.47 Bond Data Dated Date 12/20/2023 ------------~-Call Date 2/01/2033 Series 2023A GO Transp Sa I Issue Summary I 11/2.7/2023 I 1 :11 PM Page 28 of33 Vendor Name A&A RECYCLING LLC ACME TOOLS ADVANCED CORRECTIONAL HEAL THCAF ALBANY RECYCLING CENTER ALEXANDRIA TECH & COMM COLLEGE ALLEN'S AUTO BODY & TOWING AMAZON CAPITAL SERVICES INC APEX ENGINEERING GROUP INC ARAMARK ARAMARK ASSOCIATION OF MN COUNTIES B&J l.ANDSCAPiNG LLC BOT MECHANICAL LLC BENCO EQUIPMENT BERG'S '\NELDING & REPAJR LLC BEYER BODY SHOP INC BRANBY/STEVE BRAUN lNTERTEC CORPORATION BRIA.N'S REPAIR INC BRO'NN EYED SUS.ANS BURNS & MCDONNELL ENGINEERING CC BUY-MOR PARTS & SERVICE LLC CARLBLOMIDENNIS CERTIFIED AUTO REPAIR CHARM-TEX INC CHEMSEARCH CLEAN SWEEP COMMERCIAL SERVICES CODE 4 SERVJCES INC COMMISSIONER OF TRANSPORTATION COOPER'S OFFICE SUPPLY INC CUWGAN OF ELBOVi/ LAKE DACOTAH PAPER CO DEANS DISTRIBUTING DEM-CON MATERIALS RECOVERY LLC DENNY/OALE DENZEL'S REGION WASTE INC DIAMOND DRUGS INC DICK'S STANDARD TIRE & AUTO SERVICE DONOHO/MICHAEL DOUBLE A CATERING ELLENBERG/LELAND & JULIE ENVIROTECH SERVICES INC Board of Commissioners' Meeting Minutes November 28, 2023 (Exhibit B) Amount 340.00 648.00 100.89 2,435.90 966.00 421.50 4,931.01 13,719.50 n.10 434.91 245.00 620.00 2,977.06 411.00 908.68 3,165.00 92.36 7,987.00 345.00 2,290.00 2,618.39 6,441.14 127.99 1,040.04 121.50 4,514.45 1,183.00 667.20 10,671.79 475.63 64.00 116.16 7,288.33 2,354.01 1,000.00 15125 157.74 232.00 239.61 35.00 1,000.00 8,775.91 Page 29 of 33 Vendor Name ERICKSON/MICHELLE ESSER PLUMBING & HEATING INC FAUL PSYCHOLOGICAL Pt.LC FERGUS FALLS DAILY JOURNAL FERGUS FALLS/CITY Of FERGUS HOME & HARDWARE INC FERGUS PQ\t\>ER PUMP INC FERGUS TIRE CENTER INC FERGUSON ASPHALT PAVlNG INC FISCHER/JUDD FRANK'S AUTO BODY OF PERHAM INC FRAZIER/BRENT GALLSLLC GAUDETTE/IRVING SCOTT GRAJNGER INC HAW'ES SEPTIC TANK PUMPING LLC HENNING/CllY OF HERMAN/CRYSTAL HERZOG ROOFlNG INC HOUGHINC HOUSTON ENGINEERING INC INTERSTATE POWER SYSTEMS INC J.P. COOKE CO JOHNSON CONTROLS FIRE PROTECTlc» JOHNSON/MARKT KIMBALL MIDWEST KJELSHUSJHAYDEN LAKE REGION ELECTRIC COOP LAKE REGION HEALTHCARE LAKE SUPERIOR COLLEGE LAKESCOUNTRYSERVlCECOOPERAT~ LANGUE/STEVEN LANGUAGE LINE SERVICES INC LEE/THOMAS LEGAL SERVICES OF NW MINNESOTA LITTLE FALLS MACHINE INC LOCATORS & SUPPLIES INC M-R SIGN CO INC MARCO TECHNOLOGIES LLC MARCO TECHNOLOGIES LLC MARK SAND & GRAVEL CO MARKS FLEET SUPPLY INC Board of Commissioners' Meeting Minutes November 28, 2023 (Exhibit B) Amount 5,500.00 135.00 2,200.00 1,578.45 5,563.42 2,469.98 24,012.50 1,852.67 8,153.60 90.00 6,694.53 134.54 824.29 90.00 203.08 630.00 427,223.07 451.37 717.00 23,264.40 83,932.61 551.46 222.20 7,803.00 382.01 3,037.39 1,000.00 390.00 488.66 575.00 939.50 133.23 75.60 379.39 520.00 15,411.29 205.34 3,209.75 1,131.68 2,377.33 16,916.78 71.63 Page 30 of 33 Vendor Name MARTHALER/TERENCE MCIT MCKESSON MEDICAL-SURGICAL INC MID-CENTRAL EQUIPMENT INC MIDWEST BUS PARTS INC MIDWEST MACHINERY CO MIDWEST MACHINERY CO MIDWEST PRINTING CO MIDWEST TREE & MAINTENANCE INC MIDWEST WELDING & ORNE LLC MINNESOTA MOTOR COMPANY MINNKOTA ENVIRO SERVICES INC MN DEPT OF LABOR & INDUSTRY MNCGCLOCKBOX MOTOROI..A SOLUTIONS INC MUNICIPAL SERVICE CO JNC NAPA CENTRAL NAPA CENTRAL MN NARDINJ FIRE EQUJPMENT NATURE'S CALL SEPTIC SERVlCE INC NELSON AUTO CENTER INC NELSON COLLISION CENTER NEW YORK MILLSIGllY Of NSWILLE/DARREN NORTHERN LAUNDRY SYSTEMS NORTHERN SAFE1Y TECHNOLOGY INC NORTHSTAR COMPUTER FORMS INC NORTHWEST TIRE INC NOVA FIRE PROTECTION INC NUSS TRUCK & EQUIPMENT OFFICE Of MNIT SERVICES OLYMPIC SALES INC OSBORNEJDANIEUE OTTER TAlL CO SOUOWASTE PACE ANALYTICAL SERVICES INC PARK REGION CO OP PARKERS PRAIRIE INDEPENDENT LLC/ll PAW PUBLICATIONS LLC BATTLE lAKE R PEBBLE lAKE AUTO PELICAN RAPIDS PRESS PERHAM HEAL TH PERHAM/CITY OF Board of Commissioners' Meeting Minutes November 28, 2023 (Exhibit B) Amount 423.27 3,629.00 212.65 140.71 855.65 269.60 1,457.29 100.00 650.00 1,393.32 3,791.95 82.60 100.00 15,445.40 293.99 10,100.00 401.85 770.86 242.00 200.00 123,427.76 2,542.02 1,060.00 416.07 803.21 817.75 578.46 1,801.71 1,365.00 1,114.66 2,162.44 291.53 211.32 2,904.00 6,736.85 169.94 109.25 99.00 246.95 204.55 346.00 1,071,531.87 Page 31 of 33 Vendor Name PRAIRIE LAKES MUNICIPAL SOLID WASTE PRAIRIE SCALE SYSTEMS INC PREMJUM WATERS INC PRO AG FARMERS CO OP PROOUCTMTY PLUS PSICK CAPITOL SOLUTIONS INC QUADIENT FINANCE USA INC RASMUSSON/KEN RDO lRUCK CENTERS LLC RED DOT PEST CONTROL SCHOOL DIST 553 -NEW YORK MILLS SHI INTERNATIONAL CORP SIGN GUYS LLC SOETHISYLVIA SQUEEGEE SQUAD STAPLES BUSINESS CREDIT STEEVES/BERNARD A STEINS INC STEVE'S SANITATION INC STONEBROOKE ENGINEERING INC STONEFLY INC STREICHER$ SUMMIT FIRE PROTECTION SUMMIT FOOO SERVICE LLC SUNSET LAW ENFORCEMENT LLC SWANSTON EQUIPMENT CORP TAG UP TECH CHECK LLC THIS WEEKS SHOPPING NEWS THOMSON REUTERS-\NEST THRIFlY WHITE PHARMACY THUMPER POND RESORT TIRE SOLUTIONS INC TNT REPAJR INC TOLLEFSON/BRITTANY TOLLEFSON/THOR TOWMASTER TRUENORTHSTEELINC TURBO TOOLS TYLER TECHNOLOGIES INC UGSTAD PLUMBING INC UMlAUF/DALE Board of Commissioners' Meeting Minutes November 28, 2023 (Exhibit B) Amount 14.00 2,782.18 14.49 144.55 1,243.60 3,500.00 302.40 98.00 6,316.95 165.00 838.26 2,880.00 75.00 158.12 1,800.00 170.04 126.03 11,804.17 753.00 4,561.06 10,959.00 156.92 526.00 8,064.75 2,227.00 771.37 53.10 9,765.05 367.26 7,865.40 15.00 586.43 740.00 55.38 14.00 140.04 1,382.80 136.32 77.75 7,260.00 298.50 108.34 Page 32 of 33 Vendor Name US POSTAL SERVICE VISION CONCEPTS LLC WADENA ASPHALT tNC VvEAKLEND/BONNIE WEST/RICHARD WlDSETH SMITH NOL TING & ASSOC WILSON/WARREN R WM CORPORATE SERVICES INC WSB & ASSOCIATES INC ZIEGLER INC Bnaf Total: Vendor Name AMAZON CAPITAL SERVICES INC BARRY/NAT ALIE DNA DIAGNOSTICS CENTER .INC fAULPSYCHOlOGICAL PllC FERGUS FALLS DAILY JOURNAL FERGUS TIRE CENTER INC FOREMAN/MICHELLE HAUGRUD/REED LAKELAND AUTO REPAJR LLC MAHUBE-OlWA CAP INC MIOVVEST MONITORING & SURVEILANCE MILBECKn..lNOSA Y MINNESOTA MONITORJNG INC MINNKOTA ENVIRO SERVICES INC MN CRJSlS INTERVENTION TEAM MN DEPT OF HUMAN SERVICES MOHS/MEGHAN KELLEY NICOLE RANAE CONSULTING LLC OTTER TAJL CO SHERIFF OTTERTAIL MINN-DAKOTA COACHES INC PACIFIC INTERPRETERS INC PREMIER BIOTECH INC PREMIER BIOTECH LABS LLC RONNEVIK/HANS SHIRKEY/KELSEY ULSCHMIDILIZA VERIZON WIRELESS WHIPPLENANESSA WINOEY/MICHAEL Final Total: Board of Commissioners' Meeting Minutes November 28, 2023 (Exhibit 8) Amount 30,000.00 325.00 2,747.00 122.75 259.92 20,489.09 500.83 40,234.51 8,036.84 1,394.60 2,196,876.68 Amount 503.56 36.40 108.00 800.00 162.00 640.56 29.74 114.97 85.57 32,430.90 1,586.50 13.04 24.00 261.58 60,000.00 5,986.00 1,650.00 2,191.04 45.00 1,086.60 1,460.00 1,918.75 445.35 68.06 42.45 68.11 600.99 45.60 82.79 112,487.56 Page 33 of 33 Vendor Name AMAZON CAPITAL SERVICES tNC GOOSJKR.1S11 OTTERTAIL CO TREASURER VICTOR LUNDEEN COMPANY Final Total: Board of Commissioners' Meeting Minutes November 28, 2023 (Exhibit B) Amount 31.98 15.00 251.92 11.96 310.86 Drainage Authority Meeting Minutes November 28, 2023 OTTER TAIL COUNTY -MINNESOTA DRAI NAGE AUTHORITY MINUTES Government Services Center, Commissioners' Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN November 28, 2023 110:37 a.m. CALL TO ORDER The Otter Tail County Drainage Authority convened at 10:37 a.m. Tuesday, November 28, 2023, at the Government Services Center in Fergus Falls, MN. Commissioners Wayne Johnson, Chair; Kurt Mortenson, Vice Chair; Dan Bucholz, Lee Rogness and Bob Lahman were present. APPROVAL OF AGENDA & CONSENT AGENDA Chair Johnson called for joint approval of the Drainage Authority Agenda and Consent Agenda. Motion by Bucholz, second by Lahman and unanimously carried to approve the Drainage Authority Agenda of November 28, 2023 as presented and the Consent Agenda of November 28, 2023 as follows: 1. November 14, 2023, Drainage Authority Meeting Minutes 2. Warrants/Bills for November 28, 2023 (Exhibit A) 2023 DITCH INSPECTIONS Drainage Inspector Colby Palmersheim provided the Board with a presentation of the reports from the County Ditch Inspections from 2023. Palmersheim shared findings on Ditches 56, 25, 32, 51, 15/28, 23, JD1, 55, 12, and 54. These inspection reports will be posted to the Drainage page on the County website. DITCH 52 DAMS Motion by Mortenson, second by Bucholz and unanimously carried to authorize the removal of a beaver dam on Ditch 52 near the Central Lakes Trail within the state right of way as presented by Drainage Inspector Colby Palmersheim. Palmersheim has secured appropriate permits to work within the state right of way. Motion by Rogness, second by Mortenson and unanimously carried to authorize the removal of three beaver obstructions on Ditch 52 north of the Central Lakes Trail as presented by Drainage Inspector Colby Palmersheim. DITCH VIEWER QUALIFICATIONS Motion by Lahman, second by Bucholz and unanimously carried to adopt the Otter Tail County Ditch Viewers Qualifications as presented by Drainage Inspector Colby Palmersheim. 2024 REDETERMINATION OF BENEFITS Drainage Inspector Colby Palmersheim presented information and plans for 2024 Redetermination of Benefits. Palmersheim proposes to Redetermine Ditches 56, 32, and 43 with public information meeting dates and locations to be determined. Page 1 of 3 DITCH VIEWER TRAINING Drainage Authority Meeting Minutes November 28, 2023 Drainage Inspector Colby Palmersheim informed the Board that Otter Tail County was extended an invitation from the Buffalo Red River Watershed District to attend a 1-or 2-day ditch viewer training with the Minnesota Viewers Association this coming Spring. The Drainage Authority were in support of participating in this opportunity for new and less experienced Otter Tail County Viewers to receive their certification and training in a timely manner. It was decided that payment to the Buffalo Red River Watershed District for the training would be per viewer in attendance with costs to come out of the general ditch fund. ADJOURNMENT At 11: 18 a.m., Chair Johnson declared the Otter Tail County Drainage Authority meeting adjourned with a closed session to follow. The next Drainage Authority meeting will immediately follow the next regular Board meeting on Tuesday, December 12, 2023, at the Government Services Center in Fergus Falls and via livestream. CLOSED SESSION At 11 :21 a.m., Chair Johnson declared the Drainage Authority meeting closed to the public. The closed session is authorized under Minnesota Statute §13D.05, Subd. 3(b) for Attorney-Client Privilege regarding County Ditch 25. Present in the room were Commissioners Wayne Johnson, Lee Rogness, Dan Bucholz, Kurt Mortenson, and Bob Lahman, County Administrator Nicole Hansen, County Attorney Michelle Eldien, Deputy Administrator Nicholas Leonard, Drainage Inspector Colby Palmersheim, and County Board Secretary Hannah Anderson. The closed session ended at 11 :53 a.m. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 12, 2023 Attest:J / • (du-f/)Y/,oL Nicole Hansen, Clerk Page 2 of 3 Page 3 of 3 Vendor Name FERGUS FALLS DAILY JOURNAL RJNKE NOONAN LAW FIRM SWANSTON EQUIPMENT CORP Final Total: Drainage Authority Meeting Minutes November 28, 2023 (Exhibit A) Amount 1,477.26 1,717.50 250.00 3,444.76